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

Ohio House Bill 59 (Prior Session Legislation)

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

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

Spectrum: Partisan Bill (Republican 34-1)

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

Download: Ohio-2013-HB59-Engrossed.html

As Passed by the House

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 59

Representative Amstutz

Cosponsors: Representatives Anielski, Baker, Beck, Blair, Boose, Brown, Burkley, Conditt, Dovilla, Grossman, Hackett, Hagan, C., Hayes, Lynch, McClain, McGregor, Pelanda, Rosenberger, Ruhl, Sears, Sprague, Stebelton, Thompson

A BILL

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

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

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

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

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

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

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

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

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

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

122.701, 122.76, 122.861, 123.01, 123.10, 123.11,

123.201, 123.21, 123.27, 124.11, 124.14, 124.18,

124.30, 124.341, 124.381, 124.57, 125.05, 125.21,

125.212, 125.28, 125.602, 125.603, 125.832,

125.836, 126.07, 126.14, 126.32, 126.35, 126.45,

126.46, 126.47, 126.48, 127.14, 127.16, 133.01,

133.06, 135.80, 140.01, 140.03, 140.05, 145.01,

145.012, 145.22, 149.01, 149.311, 149.43, 151.11,

152.09, 153.692, 154.01, 154.17, 154.20, 154.22,

154.23, 154.25, 156.02, 156.03, 156.04, 156.05,

164.27, 166.02, 166.03, 166.04, 166.08, 166.25,

169.02, 173.03, 173.14, 173.17, 173.19, 173.20,

173.21, 173.23, 173.25, 173.26, 173.27, 173.28,

173.39, 173.391, 173.392, 173.394, 173.40,

173.401, 173.402, 173.403, 173.404, 173.42,

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

173.48, 173.50, 173.501, 173.99, 189.04, 189.06,

191.01, 191.02, 191.04, 191.06, 301.28, 305.23,

307.07, 307.673, 307.674, 307.86, 309.09, 317.08,

317.32, 317.321, 317.36, 321.35, 321.44, 329.04,

329.051, 329.06, 329.14, 339.02, 339.05, 339.06,

339.07, 340.01, 340.011, 340.02, 340.021, 340.03,

340.031, 340.032, 340.04, 340.05, 340.07, 340.09,

340.091, 340.10, 340.11, 340.12, 340.13, 340.15,

340.16, 341.192, 351.021, 715.691, 721.01,

721.03, 731.091, 737.41, 742.14, 755.06, 901.21,

901.22, 901.23, 903.11, 903.99, 905.06, 909.15,

924.06, 927.54, 955.201, 956.07, 956.18, 991.03,

991.04, 991.06, 1332.26, 1337.11, 1347.08,

1501.011, 1501.45, 1509.01, 1509.02, 1509.062,

1509.10, 1509.11, 1509.50, 1509.73, 1511.02,

1511.022, 1519.05, 1531.06, 1531.17, 1545.071,

1547.99, 1548.02, 1551.33, 1551.35, 1555.15,

1711.07, 1724.03, 1739.061, 1751.01, 1751.11,

1751.12, 1751.14, 1751.271, 1751.31, 1751.60,

1923.14, 2101.24, 2108.05, 2113.041, 2113.06,

2117.061, 2117.25, 2133.01, 2133.25, 2151.011,

2151.3514, 2151.362, 2151.86, 2152.54, 2152.59,

2301.02, 2301.03, 2303.201, 2305.234, 2307.65,

2317.02, 2317.422, 2505.02, 2743.02, 2744.05,

2901.13, 2901.30, 2903.13, 2903.33, 2907.22,

2913.40, 2913.401, 2919.271, 2921.01, 2921.13,

2921.22, 2921.36, 2921.38, 2923.125, 2923.126,

2925.03, 2929.13, 2929.15, 2930.01, 2935.03,

2935.33, 2945.37, 2945.371, 2945.38, 2945.39,

2945.40, 2945.401, 2951.041, 2967.22, 2981.01,

2981.12, 2981.13, 3101.051, 3107.083, 3109.15,

3111.04, 3111.72, 3119.29, 3119.54, 3121.441,

3121.89, 3121.891, 3121.892, 3121.893, 3121.898,

3123.958, 3125.18, 3125.36, 3301.07, 3301.0714,

3301.0715, 3301.0723, 3301.15, 3302.01, 3302.03,

3302.22, 3304.231, 3305.03, 3307.51, 3309.21,

3310.01, 3310.02, 3310.03, 3310.05, 3310.06,

3310.08, 3310.56, 3311.0510, 3311.22, 3311.231,

3311.38, 3311.78, 3312.08, 3313.372, 3313.376,

3313.42, 3313.48, 3313.483, 3313.484, 3313.488,

3313.4810, 3313.533, 3313.539, 3313.603,

3313.6013, 3313.62, 3313.64, 3313.646, 3313.65,

3313.714, 3313.715, 3313.83, 3313.841, 3313.843,

3313.845, 3313.847, 3313.88, 3313.978, 3313.98,

3313.981, 3314.015, 3314.017, 3314.029, 3314.03,

3314.05, 3314.06, 3314.072, 3314.074, 3314.08,

3314.083, 3314.084, 3314.087, 3314.09, 3314.091,

3314.11, 3314.26, 3315.40, 3315.42, 3316.041,

3316.06, 3317.01, 3317.013, 3317.021, 3317.023,

3317.0212, 3317.03, 3317.032, 3317.05, 3317.06,

3317.08, 3317.10, 3317.12, 3317.14, 3317.141,

3317.18, 3317.19, 3317.20, 3317.50, 3317.51,

3318.011, 3318.031, 3318.08, 3318.31, 3318.36,

3318.363, 3319.07, 3319.073, 3319.17, 3319.22,

3319.235, 3319.57, 3321.01, 3321.05, 3323.021,

3323.03, 3323.04, 3323.07, 3323.08, 3323.09,

3323.091, 3323.13, 3323.14, 3323.141, 3323.142,

3326.11, 3326.20, 3326.31, 3326.32, 3326.33,

3326.34, 3326.38, 3326.45, 3327.01, 3333.041,

3333.31, 3333.82, 3335.35, 3335.36, 3335.37,

3335.38, 3345.05, 3345.12, 3353.01, 3353.02,

3353.03, 3353.04, 3353.06, 3353.07, 3365.01,

3365.02, 3365.07, 3365.12, 3383.01, 3383.07,

3501.01, 3599.45, 3701.023, 3701.024, 3701.027,

3701.13, 3701.132, 3701.243, 3701.261, 3701.262,

3701.264, 3701.342, 3701.344, 3701.507, 3701.74,

3701.741, 3701.742, 3701.78, 3701.83, 3701.881,

3701.921, 3701.922, 3701.99, 3702.30, 3702.51,

3702.521, 3702.55, 3702.62, 3702.74, 3702.91,

3704.144, 3706.01, 3707.511, 3709.01, 3709.051,

3709.10, 3712.051, 3712.07, 3712.09, 3713.06,

3714.07, 3717.08, 3718.06, 3719.61, 3721.01,

3721.011, 3721.02, 3721.022, 3721.024, 3721.027,

3721.042, 3721.071, 3721.08, 3721.10, 3721.12,

100

3721.121, 3721.13, 3721.14, 3721.15, 3721.16,

101

3721.17, 3721.19, 3721.50, 3721.51, 3721.511,

102

3721.512, 3721.513, 3721.52, 3721.53, 3721.531,

103

3721.532, 3721.533, 3721.54, 3721.541, 3721.55,

104

3721.56, 3721.57, 3721.58, 3727.01, 3734.28,

105

3734.57, 3734.901, 3734.907, 3735.58, 3737.02,

106

3737.83, 3737.841, 3737.88, 3742.30, 3742.31,

107

3742.32, 3742.51, 3745.11, 3745.113, 3769.08,

108

3769.088, 3770.02, 3770.03, 3770.06, 3772.03,

109

3772.062, 3772.091, 3781.112, 3793.01, 3793.031,

110

3793.032, 3793.051, 3793.10, 3793.11, 3793.12,

111

3793.13, 3793.14, 3793.15, 3793.16, 3793.18,

112

3793.22, 3793.31, 3793.32, 3793.33, 3793.34,

113

3793.35, 3793.36, 3793.37, 3793.38, 3793.39,

114

3798.01, 3901.3814, 3903.14, 3905.40, 3905.483,

115

3905.862, 3916.06, 3923.24, 3923.241, 3923.281,

116

3923.443, 3923.49, 3923.50, 3923.601, 3923.83,

117

3924.41, 3924.42, 3963.01, 3963.04, 4104.33,

118

4112.02, 4112.12, 4112.31, 4115.034, 4115.32,

119

4117.06, 4117.14, 4117.15, 4121.50, 4123.32,

120

4131.03, 4141.162, 4301.10, 4301.30, 4301.43,

121

4305.131, 4501.01, 4501.21, 4503.62, 4505.02,

122

4505.09, 4505.101, 4506.07, 4507.03, 4507.06,

123

4507.51, 4510.038, 4510.45, 4511.19, 4511.191,

124

4511.69, 4513.60, 4513.61, 4513.62, 4701.03,

125

4707.02, 4707.073, 4707.10, 4709.11, 4715.36,

126

4715.372, 4717.03, 4717.06, 4717.07, 4717.10,

127

4717.14, 4717.15, 4719.01, 4723.18, 4723.35,

128

4723.481, 4725.03, 4725.16, 4729.51, 4729.54,

129

4729.69, 4729.80, 4729.81, 4729.99, 4730.411,

130

4731.151, 4731.23, 4731.65, 4731.71, 4734.41,

131

4745.01, 4751.01, 4751.02, 4751.03, 4751.04,

132

4751.041, 4751.05, 4751.06, 4751.07, 4751.08,

133

4751.10, 4751.11, 4751.12, 4751.13, 4753.071,

134

4755.481, 4758.10, 4758.11, 4761.01, 4906.20,

135

5101.01, 5101.11, 5101.141, 5101.16, 5101.162,

136

5101.18, 5101.181, 5101.183, 5101.184, 5101.26,

137

5101.271, 5101.272, 5101.273, 5101.30, 5101.31,

138

5101.34, 5101.35, 5101.36, 5101.46, 5101.461,

139

5101.47, 5101.49, 5101.50, 5101.501, 5101.502,

140

5101.51, 5101.511, 5101.512, 5101.513, 5101.516,

141

5101.517, 5101.519, 5101.5110, 5101.52, 5101.521,

142

5101.522, 5101.524, 5101.527, 5101.571, 5101.572,

143

5101.573, 5101.574, 5101.575, 5101.58, 5101.59,

144

5101.591, 5101.60, 5101.61, 5101.80, 5101.801,

145

5101.803, 5103.02, 5103.0323, 5103.13, 5103.42,

146

5104.012, 5104.013, 5104.02, 5104.021, 5104.03,

147

5104.08, 5104.11, 5104.12, 5104.32, 5107.10,

148

5107.14, 5107.16, 5107.20, 5107.24, 5107.26,

149

5107.42, 5107.64, 5111.01, 5111.011, 5111.013,

150

5111.016, 5111.018, 5111.0112, 5111.0114,

151

5111.0116, 5111.0117, 5111.0118, 5111.0119,

152

5111.02, 5111.021, 5111.022, 5111.023, 5111.024,

153

5111.025, 5111.027, 5111.028, 5111.029, 5111.0210,

154

5111.0211, 5111.0212, 5111.0213, 5111.0214,

155

5111.0215, 5111.03, 5111.031, 5111.032, 5111.033,

156

5111.034, 5111.035, 5111.04, 5111.042, 5111.05,

157

5111.051, 5111.052, 5111.053, 5111.054, 5111.06,

158

5111.061, 5111.062, 5111.063, 5111.07, 5111.071,

159

5111.08, 5111.081, 5111.082, 5111.083, 5111.084,

160

5111.085, 5111.086, 5111.09, 5111.091, 5111.092,

161

5111.10, 5111.101, 5111.102, 5111.11, 5111.111,

162

5111.112, 5111.113, 5111.114, 5111.12, 5111.121,

163

5111.13, 5111.14, 5111.141, 5111.15, 5111.151,

164

5111.16, 5111.161, 5111.162, 5111.163, 5111.17,

165

5111.171, 5111.172, 5111.173, 5111.174, 5111.175,

166

5111.177, 5111.178, 5111.179, 5111.1710,

167

5111.1711, 5111.18, 5111.181, 5111.19, 5111.191,

168

5111.20, 5111.201, 5111.202, 5111.203, 5111.204,

169

5111.21, 5111.212, 5111.22, 5111.221, 5111.222,

170

5111.223, 5111.224, 5111.225, 5111.226, 5111.23,

171

5111.231, 5111.232, 5111.233, 5111.235, 5111.24,

172

5111.241, 5111.242, 5111.244, 5111.245, 5111.246,

173

5111.25, 5111.251, 5111.254, 5111.255, 5111.257,

174

5111.258, 5111.259, 5111.26, 5111.261, 5111.262,

175

5111.263, 5111.264, 5111.265, 5111.266, 5111.27,

176

5111.271, 5111.28, 5111.29, 5111.291, 5111.30,

177

5111.31, 5111.32, 5111.33, 5111.331, 5111.35,

178

5111.36, 5111.37, 5111.38, 5111.39, 5111.41,

179

5111.411, 5111.42, 5111.43, 5111.44, 5111.45,

180

5111.46, 5111.47, 5111.48, 5111.49, 5111.50,

181

5111.51, 5111.511, 5111.52, 5111.53, 5111.54,

182

5111.55, 5111.56, 5111.57, 5111.58, 5111.59,

183

5111.60, 5111.61, 5111.62, 5111.63, 5111.66,

184

5111.661, 5111.67, 5111.671, 5111.672, 5111.673,

185

5111.674, 5111.675, 5111.676, 5111.677, 5111.68,

186

5111.681, 5111.682, 5111.683, 5111.684, 5111.685,

187

5111.686, 5111.687, 5111.688, 5111.689, 5111.71,

188

5111.711, 5111.712, 5111.713, 5111.714, 5111.715,

189

5111.84, 5111.85, 5111.851, 5111.852, 5111.853,

190

5111.854, 5111.855, 5111.856, 5111.86, 5111.861,

191

5111.862, 5111.863, 5111.864, 5111.865, 5111.87,

192

5111.871, 5111.872, 5111.873, 5111.874, 5111.875,

193

5111.876, 5111.877, 5111.878, 5111.879, 5111.88,

194

5111.881, 5111.882, 5111.885, 5111.886, 5111.887,

195

5111.888, 5111.889, 5111.8810, 5111.89, 5111.891,

196

5111.892, 5111.894, 5111.90, 5111.91, 5111.911,

197

5111.912, 5111.914, 5111.915, 5111.92, 5111.93,

198

5111.94, 5111.941, 5111.943, 5111.944, 5111.945,

199

5111.96, 5111.97, 5111.98, 5111.981, 5111.982,

200

5111.99, 5112.01, 5112.03, 5112.04, 5112.05,

201

5112.06, 5112.07, 5112.08, 5112.09, 5112.10,

202

5112.11, 5112.17, 5112.18, 5112.19, 5112.21,

203

5112.30, 5112.31, 5112.32, 5112.33, 5112.331,

204

5112.34, 5112.341, 5112.35, 5112.37, 5112.371,

205

5112.38, 5112.39, 5112.40, 5112.41, 5112.42,

206

5112.43, 5112.44, 5112.45, 5112.46, 5112.47,

207

5112.48, 5112.99, 5112.991, 5115.20, 5117.10,

208

5119.01, 5119.012, 5119.02, 5119.04, 5119.06,

209

5119.061, 5119.07, 5119.071, 5119.072, 5119.08,

210

5119.10, 5119.101, 5119.11, 5119.12, 5119.14,

211

5119.16, 5119.161, 5119.17, 5119.18, 5119.20,

212

5119.201, 5119.202, 5119.21, 5119.22, 5119.221,

213

5119.23, 5119.24, 5119.27, 5119.30, 5119.33,

214

5119.34, 5119.35, 5119.351, 5119.36, 5119.42,

215

5119.43, 5119.44, 5119.46, 5119.51, 5119.52,

216

5119.53, 5119.57, 5119.60, 5119.61, 5119.611,

217

5119.612, 5119.613, 5119.62, 5119.621, 5119.622,

218

5119.63, 5119.631, 5119.69, 5119.691, 5119.99,

219

5120.07, 5120.09, 5120.135, 5120.17, 5120.171,

220

5120.652, 5120.654, 5121.051, 5121.30, 5121.32,

221

5121.33, 5121.34, 5121.35, 5121.36, 5121.37,

222

5121.38, 5121.40, 5121.42, 5121.43, 5121.44,

223

5121.45, 5121.46, 5121.47, 5121.49, 5121.50,

224

5121.51, 5121.52, 5121.55, 5122.01, 5122.03,

225

5122.10, 5122.11, 5122.12, 5122.13, 5122.15,

226

5122.17, 5122.18, 5122.19, 5122.20, 5122.21,

227

5122.23, 5122.25, 5122.26, 5122.27, 5122.271,

228

5122.31, 5122.311, 5122.32, 5122.33, 5122.34,

229

5122.341, 5122.39, 5122.43, 5122.44, 5122.45,

230

5122.46, 5122.47, 5123.01, 5123.021, 5123.022,

231

5123.03, 5123.0412, 5123.0417, 5123.09, 5123.171,

232

5123.19, 5123.192, 5123.197, 5123.198, 5123.38,

233

5123.61, 5123.86, 5126.01, 5126.026, 5126.05,

234

5126.051, 5126.054, 5126.055, 5126.24, 5139.03,

235

5139.04, 5139.08, 5139.34, 5145.162, 5145.18,

236

5153.16, 5302.221, 5309.082, 5505.12, 5507.46,

237

5511.03, 5701.13, 5703.052, 5703.059, 5703.21,

238

5703.37, 5703.82, 5705.01, 5705.19, 5705.192,

239

5705.217, 5705.218, 5705.221, 5705.25, 5705.412,

240

5709.17, 5709.212, 5709.75, 5725.18, 5725.34,

241

5726.20, 5726.52, 5727.26, 5727.75, 5727.84,

242

5727.89, 5728.10, 5729.03, 5729.17, 5731.39,

243

5733.01, 5733.06, 5733.11, 5733.98, 5735.012,

244

5735.12, 5735.34, 5739.01, 5739.02, 5739.026,

245

5739.09, 5739.12, 5739.13, 5741.01, 5741.03,

246

5741.12, 5741.17, 5743.081, 5743.15, 5743.56,

247

5745.12, 5747.01, 5747.02, 5747.022, 5747.025,

248

5747.08, 5747.10, 5747.11, 5747.113, 5747.122,

249

5747.13, 5747.21, 5747.47, 5747.501, 5747.76,

250

5747.98, 5749.02, 5749.06, 5749.07, 5749.17,

251

5751.01, 5751.014, 5751.07, 5751.081, 5751.09,

252

5751.20, 5751.21, 5753.01, 5753.03, 5753.07,

253

5815.28, 5905.02, 5910.02, 5910.07, 5919.34,

254

5924.502, 5924.503, 5924.504, 5924.506, 6109.21,

255

and 6111.037; to amend, for the purpose of

256

adopting new section numbers as indicated in

257

parentheses, sections 173.394 (173.38), 173.40

258

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

259

173.403 (173.53), 173.404 (173.55), 3313.847

260

(3317.30), 3333.90 (3333.59), 3383.01 (123.28),

261

3383.07 (123.281), 3721.50 (5168.40), 3721.51

262

(5168.42), 3721.511 (5168.43), 3721.512 (5168.44),

263

3721.513 (5168.45), 3721.52 (5168.46), 3721.53

264

(5168.47), 3721.531 (5168.48), 3721.532 (5168.49),

265

3721.533 (5168.50), 3721.54 (5168.51), 3721.541

266

(5168.52), 3721.55 (5168.53), 3721.56 (5168.54),

267

3721.57 (5168.55), 3721.58 (5168.56), 3737.883

268

(3737.884), 3793.01 (5119.01), 3793.031

269

(5119.201), 3793.032 (5119.47), 3793.051

270

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

271

3793.12 (5119.61), 3793.13 (5119.27), 3793.14

272

(5119.26), 3793.15 (5119.17), 3793.16 (5119.188),

273

3793.18 (5119.30), 3793.22 (5119.49), 3793.31

274

(5119.90), 3793.32 (5119.91), 3793.33 (5119.92),

275

3793.34 (5119.93), 3793.35 (5119.94), 3793.36

276

(5119.95), 3793.37 (5119.96), 3793.38 (5119.97),

277

3793.39 (5119.98), 5101.271 (5160.45), 5101.31

278

(5164.756), 5101.50 (5161.05), 5101.501 (5161.06),

279

5101.502 (5161.02), 5101.51 (5161.10), 5101.511

280

(5161.11), 5101.5110 (5161.35), 5101.512

281

(5161.12), 5101.513 (5161.30), 5101.516 (5161.22),

282

5101.517 (5161.24), 5101.519 (5161.27), 5101.52

283

(5161.15), 5101.521 (5161.16), 5101.522 (5161.17),

284

5101.524 (5161.20), 5101.527 (5161.25), 5101.571

285

(5160.35), 5101.572 (5160.39), 5101.573 (5160.40),

286

5101.574 (5160.41), 5101.575 (5160.42), 5101.58

287

(5160.37), 5101.59 (5160.38), 5101.591 (5160.43),

288

5111.01 (5162.03), 5111.011 (5163.02), 5111.013

289

(5163.40), 5111.016 (5164.26), 5111.018 (5164.07),

290

5111.0112 (5162.20), 5111.0114 (5164.754),

291

5111.0116 (5163.30), 5111.0117 (5163.31),

292

5111.0118 (5163.32), 5111.0119 (5163.45), 5111.02

293

(5164.02), 5111.021 (5164.70), 5111.022 (5164.56),

294

5111.023 (5164.15), 5111.024 (5164.08), 5111.025

295

(5164.76), 5111.027 (5164.20), 5111.028 (5164.32),

296

5111.029 (5164.06), 5111.0210 (5164.92), 5111.0211

297

(5165.48), 5111.0212 (5164.80), 5111.0213

298

(5164.77), 5111.0214 (5164.82), 5111.0215

299

(5164.93), 5111.03 (5164.35), 5111.031 (5164.37),

300

5111.032 (5164.34), 5111.033 (5164.342), 5111.034

301

(5164.341), 5111.035 (5164.36), 5111.04 (5164.05),

302

5111.042 (5164.25), 5111.05 (5164.45), 5111.051

303

(5164.48), 5111.052 (5164.46), 5111.053

304

(5164.301), 5111.054 (5164.47), 5111.06 (5164.38),

305

5111.061 (5164.57), 5111.062 (5164.39), 5111.063

306

(5164.31), 5111.07 (5164.752), 5111.071

307

(5164.753), 5111.08 (5164.759), 5111.081

308

(5164.755), 5111.082 (5164.751), 5111.083

309

(5164.757), 5111.084 (5164.7510), 5111.085

310

(5164.758), 5111.086 (5164.75), 5111.09 (5162.13),

311

5111.091 (5162.131), 5111.092 (5162.132), 5111.10

312

(5162.10), 5111.101 (5162.15), 5111.102 (5162.04),

313

5111.11 (5162.21), 5111.111 (5162.211), 5111.112

314

(5162.212), 5111.113 (5162.22), 5111.114

315

(5163.33), 5111.12 (5162.23), 5111.121 (5162.24),

316

5111.13 (5164.85), 5111.14 (5164.88), 5111.141

317

(5164.89), 5111.15 (5163.20), 5111.151 (5163.21),

318

5111.16 (5167.03), 5111.161 (5167.031), 5111.162

319

(5167.20), 5111.163 (5167.201), 5111.17 (5167.10),

320

5111.1710 (5167.14), 5111.171 (5167.31), 5111.1711

321

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

322

5111.174 (5167.41), 5111.175 (5167.26), 5111.177

323

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

324

5111.18 (5164.86), 5111.181 (5163.22), 5111.19

325

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

326

5111.201 (5165.011), 5111.202 (5165.03), 5111.203

327

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

328

5111.212 (5165.35), 5111.22 (5165.07), 5111.221

329

(5165.37), 5111.222 (5165.15), 5111.223

330

(5165.071), 5111.224 (5124.15), 5111.225

331

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

332

5111.231 (5165.19), 5111.232 (5165.192), 5111.233

333

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

334

5111.241 (5124.21), 5111.242 (5165.21), 5111.244

335

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

336

5111.25 (5165.17), 5111.251 (5124.17), 5111.254

337

(5165.151), 5111.255 (5124.151), 5111.257

338

(5165.28), 5111.258 (5165.153), 5111.259

339

(5165.156), 5111.26 (5165.10), 5111.261

340

(5165.107), 5111.262 (5165.47), 5111.263

341

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

342

5111.266 (5165.101), 5111.27 (5165.108), 5111.271

343

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

344

5111.291 (5124.155), 5111.30 (5165.073), 5111.31

345

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

346

5111.331 (5165.34), 5111.35 (5165.60), 5111.36

347

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

348

5111.39 (5165.64), 5111.40 (5165.65), 5111.41

349

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

350

5111.43 (5165.69), 5111.44 (5165.70), 5111.45

351

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

352

5111.48 (5165.74), 5111.49 (5165.75), 5111.50

353

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

354

5111.52 (5165.79), 5111.53 (5165.80), 5111.54

355

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

356

5111.57 (5165.84), 5111.58 (5165.85), 5111.59

357

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

358

5111.62 (5162.66), 5111.63 (5165.89), 5111.66

359

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

360

5111.671 (5165.511), 5111.672 (5165.512), 5111.673

361

(5165.513), 5111.674 (5165.514), 5111.675

362

(5165.515), 5111.676 (5165.516), 5111.677

363

(5165.517), 5111.68 (5165.52), 5111.681

364

(5165.521), 5111.682 (5165.522), 5111.683

365

(5165.523), 5111.684 (5165.524), 5111.685

366

(5165.525), 5111.686 (5165.526), 5111.687

367

(5165.527), 5111.688 (5165.528), 5111.689

368

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

369

5111.712 (5162.362), 5111.713 (5162.363), 5111.714

370

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

371

5111.85 (5166.02), 5111.851 (5166.04), 5111.852

372

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

373

5111.855 (5166.08), 5111.856 (5166.10), 5111.86

374

(5166.11), 5111.861 (5166.12), 5111.862

375

(5166.121), 5111.863 (5166.13), 5111.864

376

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

377

5111.871 (5166.21), 5111.872 (5166.22), 5111.873

378

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

379

5111.876 (5124.62), 5111.877 (5124.63), 5111.878

380

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

381

5111.881 (5166.301), 5111.882 (5166.302), 5111.883

382

(5166.303), 5111.884 (5166.304), 5111.885

383

(5166.305), 5111.886 (5166.306), 5111.887

384

(5166.307), 5111.888 (5166.308), 5111.889

385

(5166.309), 5111.8810 (5166.3010), 5111.89

386

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

387

5111.893 (173.547), 5111.894 (173.542), 5111.90

388

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

389

5111.912 (5162.371), 5111.914 (5164.58), 5111.915

390

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

391

5111.94 (5162.54), 5111.941 (5162.52), 5111.943

392

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

393

5111.96 (5164.90), 5111.97 (5166.35), 5111.98

394

(5162.031), 5111.981 (5164.91), 5111.982

395

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

396

5112.03 (5168.02), 5112.04 (5168.05), 5112.05

397

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

398

5112.08 (5168.09), 5112.09 (5168.08), 5112.10

399

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

400

5112.18 (5168.11), 5112.19 (5168.12), 5112.21

401

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

402

5112.32 (5168.62), 5112.33 (5168.63), 5112.331

403

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

404

5112.35 (5168.67), 5112.37 (5168.68), 5112.371

405

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

406

5112.40 (5168.20), 5112.41 (5168.21), 5112.42

407

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

408

5112.45 (5168.25), 5112.46 (5168.26), 5112.47

409

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

410

5112.991 (5168.991), 5119.01 (5119.10), 5119.012

411

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

412

5119.061 (5119.40), 5119.07 (5119.11), 5119.071

413

(5119.18), 5119.072 (5119.181), 5119.08

414

(5119.182), 5119.10 (5119.184), 5119.101

415

(5191.185), 5119.11 (5119.186), 5119.12

416

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

417

5119.161 (5119.45), 5119.17 (5119.51), 5119.18

418

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

419

5119.202 (5119.332), 5119.21 (5119.333), 5119.22

420

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

421

5119.24 (5119.15), 5119.27 (5119.05), 5119.30

422

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

423

5119.35 (5119.56), 5119.351 (5119.55), 5119.36

424

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

425

5119.44 (5119.051), 5119.46 (5119.60), 5119.50

426

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

427

5119.53 (5119.73), 5119.57 (5119.29), 5119.60

428

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

429

5119.612 (5119.37), 5119.613 (5119.361), 5119.62

430

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

431

5119.63 (5119.42), 5119.631 (5119.421), 5119.69

432

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

433

sections 3313.481, 3317.014, 3317.02, 3317.022,

434

3317.0217, 3317.051, 3317.16, 3327.02, 3345.81,

435

and 3737.883, and sections 1.611, 101.392,

436

121.483, 122.681, 123.19, 125.27, 149.60, 149.63,

437

151.50, 173.51, 173.522, 173.523, 173.543,

438

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

439

353.01 to 353.16, 511.261, 517.271, 721.29,

440

903.30, 991.041, 1545.23, 2329.192, 3301.80,

441

3302.26, 3310.032, 3310.035, 3313.5311, 3313.5312,

442

3313.848, 3314.042, 3314.082, 3314.086, 3314.092,

443

3314.29, 3317.016, 3317.017, 3317.0213, 3317.0214,

444

3317.161, 3317.40, 3319.031, 3326.112, 3327.07,

445

3328.27, 3333.049, 3333.124, 3333.342, 3333.613,

446

3345.48, 3350.15, 3365.022, 3701.033, 3701.5010,

447

3701.541, 3701.94, 3701.941, 3701.942, 3701.943,

448

3701.944, 3701.95, 3702.302, 3702.303, 3702.304,

449

3702.305, 3702.306, 3702.307, 3714.074, 3721.072,

450

3735.661, 3772.092, 3772.36, 4143.01, 4143.02,

451

4143.03, 4143.04, 4143.05, 4143.06, 4143.07,

452

4143.08, 4143.09, 4143.99, 4503.524, 4503.732,

453

4507.021, 4729.542, 4751.042, 4751.14, 5101.101,

454

5101.804, 5119.28, 5119.341, 5123.023, 5124.01,

455

5124.03, 5124.05, 5124.06, 5124.07, 5124.071,

456

5124.072, 5124.08, 5124.081, 5124.10, 5124.101,

457

5124.102, 5124.103, 5124.104, 5124.105, 5124.106,

458

5124.107, 5124.108, 5124.109, 5124.152, 5124.153,

459

5124.154, 5124.191, 5124.192, 5124.193, 5124.25,

460

5124.28, 5124.30, 5124.31, 5124.32, 5124.33,

461

5124.35, 5124.37, 5124.38, 5124.40, 5124.41,

462

5124.42, 5124.43, 5124.44, 5124.45, 5124.46,

463

5124.50, 5124.51, 5124.511, 5124.512, 5124.513,

464

5124.514, 5124.515, 5124.516, 5124.517, 5124.52,

465

5124.521, 5124.522, 5124.523, 5124.524, 5124.525,

466

5124.526, 5124.527, 5124.528, 5124.53, 5124.99,

467

5126.131, 5160.01, 5160.011, 5160.02, 5160.021,

468

5160.03, 5160.04, 5160.05, 5160.051, 5160.052,

469

5160.06, 5160.10, 5160.11, 5160.12, 5160.13,

470

5160.16, 5160.20, 5160.21, 5160.22, 5160.23,

471

5160.30, 5160.31, 5160.36, 5160.371, 5160.46,

472

5160.47, 5160.48, 5160.481, 5160.50, 5160.52,

473

5160.99, 5161.01, 5162.01, 5162.02, 5162.021,

474

5162.022, 5162.05, 5162.06, 5162.07, 5162.12,

475

5162.31, 5162.60, 5162.62, 5163.01, 5163.03,

476

5163.04, 5163.05, 5163.06, 5163.061, 5163.07,

477

5163.08, 5164.01, 5164.03, 5164.30, 5164.33,

478

5164.55, 5164.59, 5164.60, 5164.61, 5164.71,

479

5164.72, 5164.73, 5164.83, 5165.02, 5165.072,

480

5165.082, 5165.102, 5165.103, 5165.104, 5165.105,

481

5165.106, 5165.109, 5165.152, 5165.154, 5165.191,

482

5165.193, 5165.32, 5165.33, 5165.41, 5165.42,

483

5165.43, 5165.44, 5165.45, 5165.46, 5165.49,

484

5165.771, 5166.01, 5166.16, 5167.01, 5167.02,

485

5167.032, 5167.121, 5168.41, 5703.75, 5703.76,

486

5703.90, 5705.55, 5735.013, 5739.081, 5741.032,

487

5910.08, and 5919.342; and to repeal sections

488

122.076, 122.15, 122.151, 122.152, 122.153,

489

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

490

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

491

340.022, 340.033, 340.06, 340.14, 1513.371,

492

1531.34, 1547.721, 1547.722, 1547.723, 1547.724,

493

1547.725, 1547.726, 3302.043, 3313.481, 3313.482,

494

3313.4811, 3314.088, 3314.13, 3317.012, 3317.014,

495

3317.018, 3317.02, 3317.022, 3317.029, 3317.0217,

496

3317.051, 3317.052, 3317.053, 3317.11, 3317.13,

497

3317.16, 3317.62, 3317.63, 3317.64, 3318.023,

498

3323.16, 3326.39, 3327.02, 3345.81, 3353.09,

499

3353.15, 3353.20, 3383.02, 3383.03, 3383.04,

500

3383.05, 3383.06, 3383.08, 3383.09, 3701.072,

501

3701.263, 3701.343, 3701.90, 3701.901, 3701.902,

502

3701.903, 3701.904, 3701.905, 3701.906, 3701.907,

503

3721.026, 3793.02, 3793.03, 3793.04, 3793.041,

504

3793.05, 3793.06, 3793.061, 3793.08, 3793.09,

505

3793.19, 3793.20, 3793.21, 3793.99, 5101.503,

506

5101.514, 5101.515, 5101.518, 5101.523, 5101.525,

507

5101.526, 5101.528, 5101.529, 5111.012, 5111.014,

508

5111.015, 5111.0110, 5111.0111, 5111.0113,

509

5111.0115, 5111.0120, 5111.0121, 5111.0122,

510

5111.0123, 5111.0124, 5111.0125, 5111.176,

511

5111.211, 5111.236, 5111.65, 5111.70, 5111.701,

512

5111.702, 5111.703, 5111.704, 5111.705, 5111.706,

513

5111.707, 5111.708, 5111.709, 5111.7011, 5111.83,

514

5111.8710, 5111.8811, 5111.913, 5111.942,

515

5111.946, 5119.011, 5119.013, 5119.03, 5119.05,

516

5119.47, 5119.623, 5119.64, 5119.65, 5119.66,

517

5119.67, 5119.68, 5707.05, 5727.41, 5733.35,

518

5747.211, 5747.33, 6101.451, and 6111.029 of the

519

Revised Code; to amend Section 205.10 of Am. Sub.

520

H.B. 51 of the 130th General Assembly; to amend

521

Sections 201.80, 205.83, and 509.40 of Sub. H.B.

522

482 of the 129th General Assembly; to amend

523

Sections 301.11, 301.12, and 301.13 of Am. Sub.

524

H.B. 487 of the 129th General Assembly; to amend

525

Section 205.80 of Sub. H.B. 482 of the 129th

526

General Assembly, as subsequently amended; to

527

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

528

General Assembly, as subsequently amended; to

529

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

530

128th General Assembly; to repeal Section

531

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

532

General Assembly; to repeal Section 125.10 of Am.

533

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

534

subsequently amended; to repeal Section 153 of Am.

535

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

536

subsequently amended; to amend Sections 203.90.10

537

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

538

General Assembly; to amend the versions of

539

sections 109.57, 2151.011, 2923.126, 5104.012,

540

5104.013, 5104.03, 5104.08, and 5104.32 of the

541

Revised Code that are scheduled to take effect

542

January 1, 2014, to continue the provisions of

543

this act on and after that effective date; to

544

amend the versions of sections 4501.01 and 4507.06

545

of the Revised Code that are scheduled to take

546

effect January 1, 2017, to continue the provisions

547

of this act on and after that effective date; to

548

amend section 3313.88 of the Revised Code as it

549

results from Section 101.01 of this act for the

550

purpose of adopting new section number 3313.482 on

551

July 1, 2014; to make operating appropriations for

552

the biennium beginning July 1, 2013, and ending

553

June 30, 2015; to provide authorization and

554

conditions for the operation of state programs; to

555

repeal sections 5168.20, 5168.21, 5168.22,

556

5168.23, 5168.24, 5168.25, 5168.26, 5168.27, and

557

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

558

terminate the operation of those sections on that

559

date; and to repeal sections 5168.01, 5168.02,

560

5168.03, 5168.04, 5168.05, 5168.06, 5168.07,

561

5168.08, 5168.09, 5168.10, 5168.11, 5168.12,

562

5168.13, 5168.99, and 5168.991 of the Revised Code

563

on October 16, 2015, to terminate the operation of

564

those sections on that date.

565

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

Section 101.01. That sections 9.03, 9.15, 9.231, 9.239, 9.24,	566
9.833, 9.90, 9.901, 101.39, 101.391, 103.144, 105.41, 107.033,	567
107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746, 109.77,	568
109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02, 113.061,	569
117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03, 121.11,	570
121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17, 122.28,	571
122.30, 122.31, 122.32, 122.33, 122.34, 122.35, 122.36, 122.657,	572
122.658, 122.66, 122.67, 122.68, 122.69, 122.70, 122.701, 122.76,	573
122.861, 123.01, 123.10, 123.11, 123.201, 123.21, 123.27, 124.11,	574
124.14, 124.18, 124.30, 124.341, 124.381, 124.57, 125.05, 125.21,	575
125.212, 125.28, 125.602, 125.603, 125.832, 125.836, 126.07,	576
126.14, 126.32, 126.35, 126.45, 126.46, 126.47, 126.48, 127.14,	577
127.16, 133.01, 133.06, 135.80, 140.01, 140.03, 140.05, 145.01,	578
145.012, 145.22, 149.01, 149.311, 149.43, 151.11, 152.09, 153.692,	579
154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02, 156.03,	580
156.04, 156.05, 164.27, 166.02, 166.03, 166.04, 166.08, 166.25,	581
169.02, 173.03, 173.14, 173.17, 173.19, 173.20, 173.21, 173.23,	582
173.25, 173.26, 173.27, 173.28, 173.39, 173.391, 173.392, 173.394,	583
173.40, 173.401, 173.402, 173.403, 173.404, 173.42, 173.43,	584
173.431, 173.432, 173.434, 173.45, 173.47, 173.48, 173.50,	585
173.501, 173.99, 189.04, 189.06, 191.01, 191.02, 191.04, 191.06,	586
301.28, 305.23, 307.07, 307.673, 307.674, 307.86, 309.09, 317.08,	587
317.32, 317.321, 317.36, 321.35, 321.44, 329.04, 329.051, 329.06,	588
329.14, 339.02, 339.05, 339.06, 339.07, 340.01, 340.011, 340.02,	589
340.021, 340.03, 340.031, 340.032, 340.04, 340.05, 340.07, 340.09,	590
340.091, 340.10, 340.11, 340.12, 340.13, 340.15, 340.16, 341.192,	591
351.021, 715.691, 721.01, 721.03, 731.091, 737.41, 742.14, 755.06,	592
901.21, 901.22, 901.23, 903.11, 903.99, 905.06, 909.15, 924.06,	593
927.54, 955.201, 956.07, 956.18, 991.03, 991.04, 991.06, 1332.26,	594
1337.11, 1347.08, 1501.011, 1501.45, 1509.01, 1509.02, 1509.062,	595
1509.10, 1509.11, 1509.50, 1509.73, 1511.02, 1511.022, 1519.05,	596
1531.06, 1531.17, 1545.071, 1547.99, 1548.02, 1551.33, 1551.35,	597
1555.15, 1711.07, 1724.03, 1739.061, 1751.01, 1751.11, 1751.12,	598
1751.14, 1751.271, 1751.31, 1751.60, 1923.14, 2101.24, 2108.05,	599
2113.041, 2113.06, 2117.061, 2117.25, 2133.01, 2133.25, 2151.011,	600
2151.3514, 2151.362, 2151.86, 2152.54, 2152.59, 2301.02, 2301.03,	601
2303.201, 2305.234, 2307.65, 2317.02, 2317.422, 2505.02, 2743.02,	602
2744.05, 2901.13, 2901.30, 2903.13, 2903.33, 2907.22, 2913.40,	603
2913.401, 2919.271, 2921.01, 2921.13, 2921.22, 2921.36, 2921.38,	604
2923.125, 2923.126, 2925.03, 2929.13, 2929.15, 2930.01, 2935.03,	605
2935.33, 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	606
2951.041, 2967.22, 2981.01, 2981.12, 2981.13, 3101.051, 3107.083,	607
3109.15, 3111.04, 3111.72, 3119.29, 3119.54, 3121.441, 3121.89,	608
3121.891, 3121.892, 3121.893, 3121.898, 3123.958, 3125.18,	609
3125.36, 3301.07, 3301.0714, 3301.0715, 3301.0723, 3301.15,	610
3302.01, 3302.03, 3302.22, 3304.231, 3305.03, 3307.51, 3309.21,	611
3310.01, 3310.02, 3310.03, 3310.05, 3310.06, 3310.08, 3310.56,	612
3311.0510, 3311.22, 3311.231, 3311.38, 3311.78, 3312.08, 3313.372,	613
3313.376, 3313.42, 3313.48, 3313.483, 3313.484, 3313.488,	614
3313.4810, 3313.533, 3313.539, 3313.603, 3313.6013, 3313.62,	615
3313.64, 3313.646, 3313.65, 3313.714, 3313.715, 3313.83, 3313.841,	616
3313.843, 3313.845, 3313.847, 3313.88, 3313.978, 3313.98,	617
3313.981, 3314.015, 3314.017, 3314.029, 3314.03, 3314.05, 3314.06,	618
3314.072, 3314.074, 3314.08, 3314.083, 3314.084, 3314.087,	619
3314.09, 3314.091, 3314.11, 3314.26, 3315.40, 3315.42, 3316.041,	620
3316.06, 3317.01, 3317.013, 3317.021, 3317.023, 3317.0212,	621
3317.03, 3317.032, 3317.05, 3317.06, 3317.08, 3317.10, 3317.12,	622
3317.14, 3317.141, 3317.18, 3317.19, 3317.20, 3317.50, 3317.51,	623
3318.011, 3318.031, 3318.08, 3318.31, 3318.36, 3318.363, 3319.07,	624
3319.073, 3319.17, 3319.22, 3319.235, 3319.57, 3321.01, 3321.05,	625
3323.021, 3323.03, 3323.04, 3323.07, 3323.08, 3323.09, 3323.091,	626
3323.13, 3323.14, 3323.141, 3323.142, 3326.11, 3326.20, 3326.31,	627
3326.32, 3326.33, 3326.34, 3326.38, 3326.45, 3327.01, 3333.041,	628
3333.31, 3333.82, 3335.35, 3335.36, 3335.37, 3335.38, 3345.05,	629
3345.12, 3353.01, 3353.02, 3353.03, 3353.04, 3353.06, 3353.07,	630
3365.01, 3365.02, 3365.07, 3365.12, 3383.01, 3383.07, 3501.01,	631
3599.45, 3701.023, 3701.024, 3701.027, 3701.13, 3701.132,	632
3701.243, 3701.261, 3701.262, 3701.264, 3701.342, 3701.344,	633
3701.507, 3701.74, 3701.741, 3701.742, 3701.78, 3701.83, 3701.881,	634
3701.921, 3701.922, 3701.99, 3702.30, 3702.51, 3702.521, 3702.55,	635
3702.62, 3702.74, 3702.91, 3704.144, 3706.01, 3707.511, 3709.01,	636
3709.051, 3709.10, 3712.051, 3712.07, 3712.09, 3713.06, 3714.07,	637
3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02, 3721.022,	638
3721.024, 3721.027, 3721.042, 3721.071, 3721.08, 3721.10, 3721.12,	639
3721.121, 3721.13, 3721.14, 3721.15, 3721.16, 3721.17, 3721.19,	640
3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.52, 3721.53,	641
3721.531, 3721.532, 3721.533, 3721.54, 3721.541, 3721.55, 3721.56,	642
3721.57, 3721.58, 3727.01, 3734.28, 3734.57, 3734.901, 3734.907,	643
3735.58, 3737.02, 3737.83, 3737.841, 3737.88, 3742.30, 3742.31,	644
3742.32, 3742.51, 3745.11, 3745.113, 3769.08, 3769.088, 3770.02,	645
3770.03, 3770.06, 3772.03, 3772.062, 3772.091, 3781.112, 3793.01,	646
3793.031, 3793.032, 3793.051, 3793.10, 3793.11, 3793.12, 3793.13,	647
3793.14, 3793.15, 3793.16, 3793.18, 3793.22, 3793.31, 3793.32,	648
3793.33, 3793.34, 3793.35, 3793.36, 3793.37, 3793.38, 3793.39,	649
3798.01, 3901.3814, 3903.14, 3905.40, 3905.483, 3905.862, 3916.06,	650
3923.24, 3923.241, 3923.281, 3923.443, 3923.49, 3923.50, 3923.601,	651
3923.83, 3924.41, 3924.42, 3963.01, 3963.04, 4104.33, 4112.02,	652
4112.12, 4112.31, 4115.034, 4115.32, 4117.06, 4117.14, 4117.15,	653
4121.50, 4123.32, 4131.03, 4141.162, 4301.10, 4301.30, 4301.43,	654
4305.131, 4501.01, 4501.21, 4503.62, 4505.02, 4505.09, 4505.101,	655
4506.07, 4507.03, 4507.06, 4507.51, 4510.038, 4510.45, 4511.19,	656
4511.191, 4511.69, 4513.60, 4513.61, 4513.62, 4701.03, 4707.02,	657
4707.073, 4707.10, 4709.11, 4715.36, 4715.372, 4717.03, 4717.06,	658
4717.07, 4717.10, 4717.14, 4717.15, 4719.01, 4723.18, 4723.35,	659
4723.481, 4725.03, 4725.16, 4729.51, 4729.54, 4729.69, 4729.80,	660
4729.81, 4729.99, 4730.411, 4731.151, 4731.23, 4731.65, 4731.71,	661
4734.41, 4745.01, 4751.01, 4751.02, 4751.03, 4751.04, 4751.041,	662
4751.05, 4751.06, 4751.07, 4751.08, 4751.10, 4751.11, 4751.12,	663
4751.13, 4753.071, 4755.481, 4758.10, 4758.11, 4761.01, 4906.20,	664
5101.01, 5101.11, 5101.141, 5101.16, 5101.162, 5101.18, 5101.181,	665
5101.183, 5101.184, 5101.26, 5101.271, 5101.272, 5101.273,	666
5101.30, 5101.31, 5101.34, 5101.35, 5101.36, 5101.46, 5101.461,	667
5101.47, 5101.49, 5101.50, 5101.501, 5101.502, 5101.51, 5101.511,	668
5101.512, 5101.513, 5101.516, 5101.517, 5101.519, 5101.5110,	669
5101.52, 5101.521, 5101.522, 5101.524, 5101.527, 5101.571,	670
5101.572, 5101.573, 5101.574, 5101.575, 5101.58, 5101.59,	671
5101.591, 5101.60, 5101.61, 5101.80, 5101.801, 5101.803, 5103.02,	672
5103.0323, 5103.13, 5103.42, 5104.012, 5104.013, 5104.02,	673
5104.021, 5104.03, 5104.08, 5104.11, 5104.12, 5104.32, 5107.10,	674
5107.14, 5107.16, 5107.20, 5107.24, 5107.26, 5107.42, 5107.64,	675
5111.01, 5111.011, 5111.013, 5111.016, 5111.018, 5111.0112,	676
5111.0114, 5111.0116, 5111.0117, 5111.0118, 5111.0119, 5111.02,	677
5111.021, 5111.022, 5111.023, 5111.024, 5111.025, 5111.027,	678
5111.028, 5111.029, 5111.0210, 5111.0211, 5111.0212, 5111.0213,	679
5111.0214, 5111.0215, 5111.03, 5111.031, 5111.032, 5111.033,	680
5111.034, 5111.035, 5111.04, 5111.042, 5111.05, 5111.051,	681
5111.052, 5111.053, 5111.054, 5111.06, 5111.061, 5111.062,	682
5111.063, 5111.07, 5111.071, 5111.08, 5111.081, 5111.082,	683
5111.083, 5111.084, 5111.085, 5111.086, 5111.09, 5111.091,	684
5111.092, 5111.10, 5111.101, 5111.102, 5111.11, 5111.111,	685
5111.112, 5111.113, 5111.114, 5111.12, 5111.121, 5111.13, 5111.14,	686
5111.141, 5111.15, 5111.151, 5111.16, 5111.161, 5111.162,	687
5111.163, 5111.17, 5111.171, 5111.172, 5111.173, 5111.174,	688
5111.175, 5111.177, 5111.178, 5111.179, 5111.1710, 5111.1711,	689
5111.18, 5111.181, 5111.19, 5111.191, 5111.20, 5111.201, 5111.202,	690
5111.203, 5111.204, 5111.21, 5111.212, 5111.22, 5111.221,	691
5111.222, 5111.223, 5111.224, 5111.225, 5111.226, 5111.23,	692
5111.231, 5111.232, 5111.233, 5111.235, 5111.24, 5111.241,	693
5111.242, 5111.244, 5111.245, 5111.246, 5111.25, 5111.251,	694
5111.254, 5111.255, 5111.257, 5111.258, 5111.259, 5111.26,	695
5111.261, 5111.262, 5111.263, 5111.264, 5111.265, 5111.266,	696
5111.27, 5111.271, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31,	697
5111.32, 5111.33, 5111.331, 5111.35, 5111.36, 5111.37, 5111.38,	698
5111.39, 5111.41, 5111.411, 5111.42, 5111.43, 5111.44, 5111.45,	699
5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 5111.51, 5111.511,	700
5111.52, 5111.53, 5111.54, 5111.55, 5111.56, 5111.57, 5111.58,	701
5111.59, 5111.60, 5111.61, 5111.62, 5111.63, 5111.66, 5111.661,	702
5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675,	703
5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683,	704
5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.689,	705
5111.71, 5111.711, 5111.712, 5111.713, 5111.714, 5111.715,	706
5111.84, 5111.85, 5111.851, 5111.852, 5111.853, 5111.854,	707
5111.855, 5111.856, 5111.86, 5111.861, 5111.862, 5111.863,	708
5111.864, 5111.865, 5111.87, 5111.871, 5111.872, 5111.873,	709
5111.874, 5111.875, 5111.876, 5111.877, 5111.878, 5111.879,	710
5111.88, 5111.881, 5111.882, 5111.885, 5111.886, 5111.887,	711
5111.888, 5111.889, 5111.8810, 5111.89, 5111.891, 5111.892,	712
5111.894, 5111.90, 5111.91, 5111.911, 5111.912, 5111.914,	713
5111.915, 5111.92, 5111.93, 5111.94, 5111.941, 5111.943, 5111.944,	714
5111.945, 5111.96, 5111.97, 5111.98, 5111.981, 5111.982, 5111.99,	715
5112.01, 5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08,	716
5112.09, 5112.10, 5112.11, 5112.17, 5112.18, 5112.19, 5112.21,	717
5112.30, 5112.31, 5112.32, 5112.33, 5112.331, 5112.34, 5112.341,	718
5112.35, 5112.37, 5112.371, 5112.38, 5112.39, 5112.40, 5112.41,	719
5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47, 5112.48,	720
5112.99, 5112.991, 5115.20, 5117.10, 5119.01, 5119.012, 5119.02,	721
5119.04, 5119.06, 5119.061, 5119.07, 5119.071, 5119.072, 5119.08,	722
5119.10, 5119.101, 5119.11, 5119.12, 5119.14, 5119.16, 5119.161,	723
5119.17, 5119.18, 5119.20, 5119.201, 5119.202, 5119.21, 5119.22,	724
5119.221, 5119.23, 5119.24, 5119.27, 5119.30, 5119.33, 5119.34,	725
5119.35, 5119.351, 5119.36, 5119.42, 5119.43, 5119.44, 5119.46,	726
5119.51, 5119.52, 5119.53, 5119.57, 5119.60, 5119.61, 5119.611,	727
5119.612, 5119.613, 5119.62, 5119.621, 5119.622, 5119.63,	728
5119.631, 5119.69, 5119.691, 5119.99, 5120.07, 5120.09, 5120.135,	729
5120.17, 5120.171, 5120.652, 5120.654, 5121.051, 5121.30, 5121.32,	730
5121.33, 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, 5121.40,	731
5121.42, 5121.43, 5121.44, 5121.45, 5121.46, 5121.47, 5121.49,	732
5121.50, 5121.51, 5121.52, 5121.55, 5122.01, 5122.03, 5122.10,	733
5122.11, 5122.12, 5122.13, 5122.15, 5122.17, 5122.18, 5122.19,	734
5122.20, 5122.21, 5122.23, 5122.25, 5122.26, 5122.27, 5122.271,	735
5122.31, 5122.311, 5122.32, 5122.33, 5122.34, 5122.341, 5122.39,	736
5122.43, 5122.44, 5122.45, 5122.46, 5122.47, 5123.01, 5123.021,	737
5123.022, 5123.03, 5123.0412, 5123.0417, 5123.09, 5123.171,	738
5123.19, 5123.192, 5123.197, 5123.198, 5123.38, 5123.61, 5123.86,	739
5126.01, 5126.026, 5126.05, 5126.051, 5126.054, 5126.055, 5126.24,	740
5139.03, 5139.04, 5139.08, 5139.34, 5145.162, 5145.18, 5153.16,	741
5302.221, 5309.082, 5505.12, 5507.46, 5511.03, 5701.13, 5703.052,	742
5703.059, 5703.21, 5703.37, 5703.82, 5705.01, 5705.19, 5705.192,	743
5705.217, 5705.218, 5705.221, 5705.25, 5705.412, 5709.17,	744
5709.212, 5709.75, 5725.18, 5725.34, 5726.20, 5726.52, 5727.26,	745
5727.75, 5727.84, 5727.89, 5728.10, 5729.03, 5729.17, 5731.39,	746
5733.01, 5733.06, 5733.11, 5733.98, 5735.012, 5735.12, 5735.34,	747
5739.01, 5739.02, 5739.026, 5739.09, 5739.12, 5739.13, 5741.01,	748
5741.03, 5741.12, 5741.17, 5743.081, 5743.15, 5743.56, 5745.12,	749
5747.01, 5747.02, 5747.022, 5747.025, 5747.08, 5747.10, 5747.11,	750
5747.113, 5747.122, 5747.13, 5747.21, 5747.47, 5747.501, 5747.76,	751
5747.98, 5749.02, 5749.06, 5749.07, 5749.17, 5751.01, 5751.014,	752
5751.07, 5751.081, 5751.09, 5751.20, 5751.21, 5753.01, 5753.03,	753
5753.07, 5815.28, 5905.02, 5910.02, 5910.07, 5919.34, 5924.502,	754
5924.503, 5924.504, 5924.506, 6109.21, and 6111.037 be amended;	755
sections 173.394 (173.38), 173.40 (173.52), 173.401 (173.521),	756
173.402 (173.523), 173.403 (173.53), 173.404 (173.55), 3313.847	757
(3317.30), 3333.90 (3333.59), 3383.01 (123.28), 3383.07 (123.281),	758
3721.50 (5168.40), 3721.51 (5168.42), 3721.511 (5168.43), 3721.512	759
(5168.44), 3721.513 (5168.45), 3721.52 (5168.46), 3721.53	760
(5168.47), 3721.531 (5168.48), 3721.532 (5168.49), 3721.533	761
(5168.50), 3721.54 (5168.51), 3721.541 (5168.52), 3721.55	762
(5168.53), 3721.56 (5168.54), 3721.57 (5168.55), 3721.58	763
(5168.56), 3737.883 (3737.884), 3793.01 (5119.01), 3793.031	764
(5119.201), 3793.032 (5119.47), 3793.051 (5119.161), 3793.10	765
(5119.38), 3793.11 (5119.39), 3793.12 (5119.61), 3793.13	766
(5119.27), 3793.14 (5119.26), 3793.15 (5119.17), 3793.16	767
(5119.188), 3793.18 (5119.30), 3793.22 (5119.49), 3793.31	768
(5119.90), 3793.32 (5119.91), 3793.33 (5119.92), 3793.34	769
(5119.93), 3793.35 (5119.94), 3793.36 (5119.95), 3793.37	770
(5119.96), 3793.38 (5119.97), 3793.39 (5119.98), 5101.271	771
(5160.45), 5101.31 (5164.756), 5101.50 (5161.05), 5101.501	772
(5161.06), 5101.502 (5161.02), 5101.51 (5161.10), 5101.511	773
(5161.11), 5101.5110 (5161.35), 5101.512 (5161.12), 5101.513	774
(5161.30), 5101.516 (5161.22), 5101.517 (5161.24), 5101.519	775
(5161.27), 5101.52 (5161.15), 5101.521 (5161.16), 5101.522	776
(5161.17), 5101.524 (5161.20), 5101.527 (5161.25), 5101.571	777
(5160.35), 5101.572 (5160.39), 5101.573 (5160.40), 5101.574	778
(5160.41), 5101.575 (5160.42), 5101.58 (5160.37), 5101.59	779
(5160.38), 5101.591 (5160.43), 5111.01 (5162.03), 5111.011	780
(5163.02), 5111.013 (5163.40), 5111.016 (5164.26), 5111.018	781
(5164.07), 5111.0112 (5162.20), 5111.0114 (5164.754), 5111.0116	782
(5163.30), 5111.0117 (5163.31), 5111.0118 (5163.32), 5111.0119	783
(5163.45), 5111.02 (5164.02), 5111.021 (5164.70), 5111.022	784
(5164.56), 5111.023 (5164.15), 5111.024 (5164.08), 5111.025	785
(5164.76), 5111.027 (5164.20), 5111.028 (5164.32), 5111.029	786
(5164.06), 5111.0210 (5164.92), 5111.0211 (5165.48), 5111.0212	787
(5164.80), 5111.0213 (5164.77), 5111.0214 (5164.82), 5111.0215	788
(5164.93), 5111.03 (5164.35), 5111.031 (5164.37), 5111.032	789
(5164.34), 5111.033 (5164.342), 5111.034 (5164.341), 5111.035	790
(5164.36), 5111.04 (5164.05), 5111.042 (5164.25), 5111.05	791
(5164.45), 5111.051 (5164.48), 5111.052 (5164.46), 5111.053	792
(5164.301), 5111.054 (5164.47), 5111.06 (5164.38), 5111.061	793
(5164.57), 5111.062 (5164.39), 5111.063 (5164.31), 5111.07	794
(5164.752), 5111.071 (5164.753), 5111.08 (5164.759), 5111.081	795
(5164.755), 5111.082 (5164.751), 5111.083 (5164.757), 5111.084	796
(5164.7510), 5111.085 (5164.758), 5111.086 (5164.75), 5111.09	797
(5162.13), 5111.091 (5162.131), 5111.092 (5162.132), 5111.10	798
(5162.10), 5111.101 (5162.15), 5111.102 (5162.04), 5111.11	799
(5162.21), 5111.111 (5162.211), 5111.112 (5162.212), 5111.113	800
(5162.22), 5111.114 (5163.33), 5111.12 (5162.23), 5111.121	801
(5162.24), 5111.13 (5164.85), 5111.14 (5164.88), 5111.141	802
(5164.89), 5111.15 (5163.20), 5111.151 (5163.21), 5111.16	803
(5167.03), 5111.161 (5167.031), 5111.162 (5167.20), 5111.163	804
(5167.201), 5111.17 (5167.10), 5111.1710 (5167.14), 5111.171	805
(5167.31), 5111.1711 (5167.30), 5111.172 (5167.12), 5111.173	806
(5167.40), 5111.174 (5167.41), 5111.175 (5167.26), 5111.177	807
(5167.11), 5111.178 (5167.25), 5111.179 (5167.13), 5111.18	808
(5164.86), 5111.181 (5163.22), 5111.19 (5164.74), 5111.191	809
(5164.741), 5111.20 (5165.01), 5111.201 (5165.011), 5111.202	810
(5165.03), 5111.203 (5165.031), 5111.204 (5165.04), 5111.21	811
(5165.06), 5111.212 (5165.35), 5111.22 (5165.07), 5111.221	812
(5165.37), 5111.222 (5165.15), 5111.223 (5165.071), 5111.224	813
(5124.15), 5111.225 (5165.155), 5111.226 (5124.02), 5111.23	814
(5124.19), 5111.231 (5165.19), 5111.232 (5165.192), 5111.233	815
(5124.194), 5111.235 (5124.23), 5111.24 (5165.16), 5111.241	816
(5124.21), 5111.242 (5165.21), 5111.244 (5165.25), 5111.245	817
(5165.26), 5111.246 (5165.23), 5111.25 (5165.17), 5111.251	818
(5124.17), 5111.254 (5165.151), 5111.255 (5124.151), 5111.257	819
(5165.28), 5111.258 (5165.153), 5111.259 (5165.156), 5111.26	820
(5165.10), 5111.261 (5165.107), 5111.262 (5165.47), 5111.263	821
(5124.29), 5111.264 (5165.30), 5111.265 (5165.29), 5111.266	822
(5165.101), 5111.27 (5165.108), 5111.271 (5165.1010), 5111.28	823
(5165.40), 5111.29 (5165.38), 5111.291 (5124.155), 5111.30	824
(5165.073), 5111.31 (5165.08), 5111.32 (5165.081), 5111.33	825
(5124.34), 5111.331 (5165.34), 5111.35 (5165.60), 5111.36	826
(5165.61), 5111.37 (5165.62), 5111.38 (5165.63), 5111.39	827
(5165.64), 5111.40 (5165.65), 5111.41 (5165.66), 5111.411	828
(5165.67), 5111.42 (5165.68), 5111.43 (5165.69), 5111.44	829
(5165.70), 5111.45 (5165.71), 5111.46 (5165.72), 5111.47	830
(5165.73), 5111.48 (5165.74), 5111.49 (5165.75), 5111.50	831
(5165.76), 5111.51 (5165.77), 5111.511 (5165.78), 5111.52	832
(5165.79), 5111.53 (5165.80), 5111.54 (5165.81), 5111.55	833
(5165.82), 5111.56 (5165.83), 5111.57 (5165.84), 5111.58	834
(5165.85), 5111.59 (5165.86), 5111.60 (5165.87), 5111.61	835
(5165.88), 5111.62 (5162.66), 5111.63 (5165.89), 5111.66	836
(5165.50), 5111.661 (5165.501), 5111.67 (5165.51), 5111.671	837
(5165.511), 5111.672 (5165.512), 5111.673 (5165.513), 5111.674	838
(5165.514), 5111.675 (5165.515), 5111.676 (5165.516), 5111.677	839
(5165.517), 5111.68 (5165.52), 5111.681 (5165.521), 5111.682	840
(5165.522), 5111.683 (5165.523), 5111.684 (5165.524), 5111.685	841
(5165.525), 5111.686 (5165.526), 5111.687 (5165.527), 5111.688	842
(5165.528), 5111.689 (5165.53), 5111.71 (5162.36), 5111.711	843
(5162.361), 5111.712 (5162.362), 5111.713 (5162.363), 5111.714	844
(5162.64), 5111.715 (5162.364), 5111.84 (5166.03), 5111.85	845
(5166.02), 5111.851 (5166.04), 5111.852 (5166.05), 5111.853	846
(5166.06), 5111.854 (5166.07), 5111.855 (5166.08), 5111.856	847
(5166.10), 5111.86 (5166.11), 5111.861 (5166.12), 5111.862	848
(5166.121), 5111.863 (5166.13), 5111.864 (5166.14), 5111.865	849
(5166.141), 5111.87 (5166.20), 5111.871 (5166.21), 5111.872	850
(5166.22), 5111.873 (5166.23), 5111.874 (5124.60), 5111.875	851
(5124.61), 5111.876 (5124.62), 5111.877 (5124.63), 5111.878	852
(5124.64), 5111.879 (5124.65), 5111.88 (5166.30), 5111.881	853
(5166.301), 5111.882 (5166.302), 5111.883 (5166.303), 5111.884	854
(5166.304), 5111.885 (5166.305), 5111.886 (5166.306), 5111.887	855
(5166.307), 5111.888 (5166.308), 5111.889 (5166.309), 5111.8810	856
(5166.3010), 5111.89 (173.54), 5111.891 (173.541), 5111.892	857
(173.544), 5111.893 (173.547), 5111.894 (173.542), 5111.90	858
(5162.32), 5111.91 (5162.35), 5111.911 (5162.37), 5111.912	859
(5162.371), 5111.914 (5164.58), 5111.915 (5162.11), 5111.92	860
(5162.40), 5111.93 (5162.41), 5111.94 (5162.54), 5111.941	861
(5162.52), 5111.943 (5162.50), 5111.944 (5162.58), 5111.945	862
(5162.56), 5111.96 (5164.90), 5111.97 (5166.35), 5111.98	863
(5162.031), 5111.981 (5164.91), 5111.982 (5167.21), 5111.99	864
(5165.99), 5112.01 (5168.01), 5112.03 (5168.02), 5112.04	865
(5168.05), 5112.05 (5168.03), 5112.06 (5168.06), 5112.07	866
(5168.07), 5112.08 (5168.09), 5112.09 (5168.08), 5112.10	867
(5168.04), 5112.11 (5168.10), 5112.17 (5168.14), 5112.18	868
(5168.11), 5112.19 (5168.12), 5112.21 (5168.13), 5112.30	869
(5168.60), 5112.31 (5168.61), 5112.32 (5168.62), 5112.33	870
(5168.63), 5112.331 (5168.64), 5112.34 (5168.65), 5112.341	871
(5168.66), 5112.35 (5168.67), 5112.37 (5168.68), 5112.371	872
(5168.69), 5112.38 (5168.70), 5112.39 (5168.71), 5112.40	873
(5168.20), 5112.41 (5168.21), 5112.42 (5168.22), 5112.43	874
(5168.23), 5112.44 (5168.24), 5112.45 (5168.25), 5112.46	875
(5168.26), 5112.47 (5168.27), 5112.48 (5168.28), 5112.99	876
(5168.99), 5112.991 (5168.991), 5119.01 (5119.10), 5119.012	877
(5119.141), 5119.02 (5119.14), 5119.06 (5119.21), 5119.061	878
(5119.40), 5119.07 (5119.11), 5119.071 (5119.18), 5119.072	879
(5119.181), 5119.08 (5119.182), 5119.10 (5119.184), 5119.101	880
(5191.185), 5119.11 (5119.186), 5119.12 (5119.187), 5119.14	881
(5119.08), 5119.16 (5119.44), 5119.161 (5119.45), 5119.17	882
(5119.51), 5119.18 (5119.46), 5119.20 (5119.33), 5119.201	883
(5119.331), 5119.202 (5119.332), 5119.21 (5119.333), 5119.22	884
(5119.34), 5119.221 (5119.342), 5119.23 (5119.31), 5119.24	885
(5119.15), 5119.27 (5119.05), 5119.30 (5119.09), 5119.33	886
(5119.54), 5119.34 (5119.50), 5119.35 (5119.56), 5119.351	887
(5119.55), 5119.36 (5119.52), 5119.42 (5119.07), 5119.43	888
(5119.06), 5119.44 (5119.051), 5119.46 (5119.60), 5119.50	889
(5119.70), 5119.51 (5119.71), 5119.52 (5119.72), 5119.53	890
(5119.73), 5119.57 (5119.29), 5119.60 (5119.32), 5119.61	891
(5119.22), 5119.611 (5119.36), 5119.612 (5119.37), 5119.613	892
(5119.361), 5119.62 (5119.23), 5119.621 (5119.24), 5119.622	893
(5119.25), 5119.63 (5119.42), 5119.631 (5119.421), 5119.69	894
(5119.41), and 5119.691 (5119.411) be amended for the purpose of	895
adopting new section numbers as indicated in parentheses; new	896
sections 3313.481, 3317.014, 3317.02, 3317.022, 3317.0217,	897
3317.051, 3317.16, 3327.02, 3345.81, and 3737.883 and sections	898
1.611, 101.392, 121.483, 122.681, 123.19, 125.27, 149.60, 149.63,	899
151.50, 173.51, 173.522, 173.523, 173.543, 173.545, 173.546,	900
173.56, 173.60, 191.061, 340.08, 353.01, 353.02, 353.03, 353.04,	901
353.05, 353.06, 353.07, 353.08, 353.09, 353.10, 353.11, 353.12,	902
353.13, 353.14, 353.15, 353.16, 511.261, 517.271, 721.29, 903.30,	903
991.041, 1545.23, 2329.192, 3301.80, 3302.26, 3310.032, 3310.035,	904
3313.5311, 3313.5312, 3313.848, 3314.042, 3314.082, 3314.086,	905
3314.092, 3314.29, 3317.016, 3317.017, 3317.0213, 3317.0214,	906
3317.161, 3317.40, 3319.031, 3326.112, 3327.07, 3328.27, 3333.049,	907
3333.124, 3333.342, 3333.613, 3345.48, 3350.15, 3365.022,	908
3701.033, 3701.5010, 3701.541, 3701.94, 3701.941, 3701.942,	909
3701.943, 3701.944, 3701.95, 3702.302, 3702.303, 3702.304,	910
3702.305, 3702.306, 3702.307, 3714.074, 3721.072, 3735.661,	911
3772.092, 3772.36, 4143.01, 4143.02, 4143.03, 4143.04, 4143.05,	912
4143.06, 4143.07, 4143.08, 4143.09, 4143.99, 4503.524, 4503.732,	913
4507.021, 4729.542, 4751.042, 4751.14, 5101.101, 5101.804,	914
5119.28, 5119.341, 5123.023, 5124.01, 5124.03, 5124.05, 5124.06,	915
5124.07, 5124.071, 5124.072, 5124.08, 5124.081, 5124.10, 5124.101,	916
5124.102, 5124.103, 5124.104, 5124.105, 5124.106, 5124.107,	917
5124.108, 5124.109, 5124.152, 5124.153, 5124.154, 5124.191,	918
5124.192, 5124.193, 5124.25, 5124.28, 5124.30, 5124.31, 5124.32,	919
5124.33, 5124.35, 5124.37, 5124.38, 5124.40, 5124.41, 5124.42,	920
5124.43, 5124.44, 5124.45, 5124.46, 5124.50, 5124.51, 5124.511,	921
5124.512, 5124.513, 5124.514, 5124.515, 5124.516, 5124.517,	922
5124.52, 5124.521, 5124.522, 5124.523, 5124.524, 5124.525,	923
5124.526, 5124.527, 5124.528, 5124.53, 5124.99, 5126.131, 5160.01,	924
5160.011, 5160.02, 5160.021, 5160.03, 5160.04, 5160.05, 5160.051,	925
5160.052, 5160.06, 5160.10, 5160.11, 5160.12, 5160.13, 5160.16,	926
5160.20, 5160.21, 5160.22, 5160.23, 5160.30, 5160.31, 5160.36,	927
5160.371, 5160.46, 5160.47, 5160.48, 5160.481, 5160.50, 5160.52,	928
5160.99, 5161.01, 5162.01, 5162.02, 5162.021, 5162.022, 5162.05,	929
5162.06, 5162.07, 5162.12, 5162.31, 5162.60, 5162.62, 5163.01,	930
5163.03, 5163.04, 5163.05, 5163.06, 5163.061, 5163.07, 5163.08,	931
5164.01, 5164.03, 5164.30, 5164.33, 5164.55, 5164.59, 5164.60,	932
5164.61, 5164.71, 5164.72, 5164.73, 5164.83, 5165.02, 5165.072,	933
5165.082, 5165.102, 5165.103, 5165.104, 5165.105, 5165.106,	934
5165.109, 5165.152, 5165.154, 5165.191, 5165.193, 5165.32,	935
5165.33, 5165.41, 5165.42, 5165.43, 5165.44, 5165.45, 5165.46,	936
5165.49, 5165.771, 5166.01, 5166.16, 5167.01, 5167.02, 5167.032,	937
5167.121, 5168.41, 5703.75, 5703.76, 5703.90, 5705.55, 5735.013,	938
5739.081, 5741.032, 5910.08, and 5919.342 of the Revised Code be	939
enacted to read as follows:	940

Sec. 1.611. As used in the Revised Code, "OSU extension"	941
means the cooperative extension service that was established by	942
the "Smith-Lever Act," 38 Stat. 372 (1914), 7 U.S.C. 341 et seq.,	943
and is administered in this state by the Ohio state university.	944

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

945

(1) "Political subdivision" means any body corporate and	946
politic, except a municipal corporation that has adopted a charter	947
under Section 7 of Article XVIII, Ohio Constitution, and except a	948
county that has adopted a charter under Sections 3 and 4 of	949
Article X, Ohio Constitution, to which both of the following	950
apply:	951

(a) It is responsible for governmental activities only in a	952
geographic area smaller than the state.	953

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

954

(2) "Cigarettes" and "tobacco product" have the same meanings	955
as in section 5743.01 of the Revised Code.	956

(3) "Transaction" has the same meaning as in section 1315.51	957
of the Revised Code.	958

(4) "Campaign committee," "campaign fund," "candidate,"	959
"legislative campaign fund," "political action committee,"	960
"political committee," "political party," and "separate segregated	961
fund" have the same meanings as in section 3517.01 of the Revised	962
Code.	963

(B) Except as otherwise provided in division (C) of this	964
section, the governing body of a political subdivision may use	965
public funds to publish and distribute newsletters, or to use any	966
other means, to communicate information about the plans, policies,	967
and operations of the political subdivision to members of the	968
public within the political subdivision and to other persons who	969
may be affected by the political subdivision.	970

(C) Except as otherwise provided in division (A)(7) of	971
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	972
Revised Code, no governing body of a political subdivision shall	973
use public funds to do any of the following:	974

(1) Publish, distribute, or otherwise communicate information	975
that does any of the following:	976

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

977

(b) Promotes alcoholic beverages, cigarettes or other tobacco	978
products, or any illegal product, service, or activity;	979

(c) Promotes illegal discrimination on the basis of race,	980
color, religion, national origin, handicap, age, or ancestry;	981

(d) Supports or opposes any labor organization or any action	982
by, on behalf of, or against any labor organization;	983

(e) Supports or opposes the nomination or election of a	984
candidate for public office, the investigation, prosecution, or	985
recall of a public official, or the passage of a levy or bond	986
issue.	987

(2) Compensate any employee of the political subdivision for	988
time spent on any activity to influence the outcome of an election	989
for any of the purposes described in division (C)(1)(e) of this	990
section. Division (C)(2) of this section does not prohibit the use	991
of public funds to compensate an employee of a political	992
subdivision for attending a public meeting to present information	993
about the political subdivision's finances, activities, and	994
governmental actions in a manner that is not designed to influence	995
the outcome of an election or the passage of a levy or bond issue,	996
even though the election, levy, or bond issue is discussed or	997
debated at the meeting.	998

(D) Except as otherwise provided in division (A)(7) of	999
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	1000
Revised Code or in division (E) of this section, no person shall	1001
knowingly conduct a direct or indirect transaction of public funds	1002
to the benefit of any of the following:	1003

(1) A campaign committee;

1004

(2) A political action committee;

1005

(3) A legislative campaign fund;

1006

(4) A political party;

1007

(5) A campaign fund;

1008

(6) A political committee;

1009

(7) A separate segregated fund;

1010

(8) A candidate.

1011

(E) Division (D) of this section does not prohibit the	1012
utilization of any person's own time to speak in support of or in	1013
opposition to any candidate, recall, referendum, levy, or bond	1014
issue unless prohibited by any other section of the Revised Code.	1015

(F) Nothing in this section prohibits or restricts any	1016
political subdivision from sponsoring, participating in, or doing	1017
any of the following:	1018

(1) Charitable or public service advertising that is not	1019
commercial in nature;	1020

(2) Advertising of exhibitions, performances, programs,	1021
products, or services that are provided by employees of a	1022
political subdivision or are provided at or through premises owned	1023
or operated by a political subdivision;	1024

(3) Licensing an interest in a name or mark that is owned or	1025
controlled by the political subdivision.	1026

(G) Whoever violates division (D) of this section shall be	1027
punished as provided in section 3599.40 of the Revised Code.	1028

Sec. 9.15. When the body of a dead person is found in a	1029
township or municipal corporation, and such person was not an	1030
inmate of a correctional, benevolent, or charitable institution of	1031
this state, and the body is not claimed by any person for private	1032
interment or cremation at the person's own expense, or delivered	1033
for the purpose of medical or surgical study or dissection in	1034
accordance with section 1713.34 of the Revised Code, it shall be	1035
disposed of as follows:	1036

(A) If the person was a legal resident of the county, the	1037
proper officers of the township or municipal corporation in which	1038
the person's body was found shall cause it to be buried or	1039
cremated at the expense of the township or municipal corporation	1040
in which the person had a legal residence at the time of death.	1041

(B) If the person had a legal residence in any other county	1042
of the state at the time of death, the superintendent of the	1043
county home of the county in which such body was found shall cause	1044
it to be buried or cremated at the expense of the township or	1045
municipal corporation in which the person had a legal residence at	1046
the time of death.	1047

(C) If the person was an inmate of a correctional institution	1048
of the county or a patient or resident of a benevolent institution	1049
of the county, the person had no legal residence in the state, or	1050
the person's legal residence is unknown, the superintendent shall	1051
cause the person to be buried or cremated at the expense of the	1052
county.	1053

Such officials shall provide, at the grave of the person or,	1054
if the person's cremated remains are buried, at the grave of the	1055
person's cremated remains, a metal, stone, or concrete marker on	1056
which the person's name and age, if known, and date of death shall	1057
be inscribed.	1058

A political subdivision is not relieved of its duty to bury	1059
or cremate a person at its expense under this section when the	1060
body is claimed by an indigent person. As used in this section,	1061
"indigent person" means a person whose income does not exceed one	1062
hundred fifty per cent of the federal poverty line, as revised	1063
annually by the United States department of health and human	1064
services in accordance with section 673(2) of the "Omnibus Budget	1065
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	1066
amended, for a family size equal to the size of the person's	1067
family.	1068

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1069
this section, a governmental entity shall not disburse money	1070
totaling twenty-five thousand dollars or more to any person for	1071
the provision of services for the primary benefit of individuals	1072
or the public and not for the primary benefit of a governmental	1073
entity or the employees of a governmental entity, unless the	1074
contracting authority of the governmental entity first enters into	1075
a written contract with the person that is signed by the person or	1076
by an officer or agent of the person authorized to legally bind	1077
the person and that embodies all of the requirements and	1078
conditions set forth in sections 9.23 to 9.236 of the Revised	1079
Code. If the disbursement of money occurs over the course of a	1080
governmental entity's fiscal year, rather than in a lump sum, the	1081
contracting authority of the governmental entity shall enter into	1082
the written contract with the person at the point during the	1083
governmental entity's fiscal year that at least seventy-five	1084
thousand dollars has been disbursed by the governmental entity to	1085
the person. Thereafter, the contracting authority of the	1086
governmental entity shall enter into the written contract with the	1087
person at the beginning of the governmental entity's fiscal year,	1088
if, during the immediately preceding fiscal year, the governmental	1089
entity disbursed to that person an aggregate amount totaling at	1090
least seventy-five thousand dollars.	1091

(2) If the money referred to in division (A)(1) of this	1092
section is disbursed by or through more than one state agency to	1093
the person for the provision of services to the same population,	1094
the contracting authorities of those agencies shall determine	1095
which one of them will enter into the written contract with the	1096
person.	1097

(3) The requirements and conditions set forth in divisions	1098
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1099
and (B) of section 9.234, divisions (A)(2) and (B) of section	1100
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1101
apply with respect to the following:	1102

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

1103

(i) The amount received for the services is a set fee for	1104
each time the services are provided, is determined in accordance	1105
with a fixed rate per unit of time or per service, or is a	1106
capitated rate, and the fee or rate is established by competitive	1107
bidding or by a market rate survey of similar services provided in	1108
a defined market area. The market rate survey may be one conducted	1109
by or on behalf of the governmental entity or an independent	1110
survey accepted by the governmental entity as statistically valid	1111
and reliable.	1112

(ii) The services are provided in accordance with standards	1113
established by state or federal law, or by rules or regulations	1114
adopted thereunder, for their delivery, which standards are	1115
enforced by the federal government, a governmental entity, or an	1116
accrediting organization recognized by the federal government or a	1117
governmental entity.	1118

(iii) Payment for the services is made after the services are	1119
delivered and upon submission to the governmental entity of an	1120
invoice or other claim for payment as required by any applicable	1121
local, state, or federal law or, if no such law applies, by the	1122
terms of the contract.	1123

(b) Contracts under which the services are reimbursed through	1124
or in a manner consistent with a federal program that meets all of	1125
the following requirements:	1126

(i) The program calculates the reimbursement rate on the	1127
basis of the previous year's experience or in accordance with an	1128
alternative method set forth in rules adopted by the Ohio	1129
department of job and family services.	1130

(ii) The reimbursement rate is derived from a breakdown of	1131
direct and indirect costs.	1132

(iii) The program's guidelines describe types of expenditures	1133
that are allowable and not allowable under the program and	1134
delineate which costs are acceptable as direct costs for purposes	1135
of calculating the reimbursement rate.	1136

(iv) The program includes a uniform cost reporting system	1137
with specific audit requirements.	1138

(c) Contracts under which the services are reimbursed through	1139
or in a manner consistent with a federal program that calculates	1140
the reimbursement rate on a fee for service basis in compliance	1141
with United States office of management and budget Circular A-87,	1142
as revised May 10, 2004.	1143

(d) Contracts for services that are paid pursuant to the	1144
earmarking of an appropriation made by the general assembly for	1145
that purpose.	1146

(B) Division (A) of this section does not apply if the money	1147
is disbursed to a person pursuant to a contract with the United	1148
States or a governmental entity under any of the following	1149
circumstances:	1150

(1) The person receives the money directly or indirectly from	1151
the United States, and no governmental entity exercises any	1152
oversight or control over the use of the money.	1153

(2) The person receives the money solely in return for the	1154
performance of one or more of the following types of services:	1155

(a) Medical, therapeutic, or other health-related services	1156
provided by a person if the amount received is a set fee for each	1157
time the person provides the services, is determined in accordance	1158
with a fixed rate per unit of time, or is a capitated rate, and	1159
the fee or rate is reasonable and customary in the person's trade	1160
or profession;	1161

(b) Medicaid-funded services, including administrative and	1162
management services, provided pursuant to a contract or medicaid	1163
provider agreement that meets the requirements of the medicaid	1164
program ~~established under Chapter 5111. of the Revised Code~~.	1165

(c) Services, other than administrative or management	1166
services or any of the services described in division (B)(2)(a) or	1167
(b) of this section, that are commonly purchased by the public at	1168
an hourly rate or at a set fee for each time the services are	1169
provided, unless the services are performed for the benefit of	1170
children, persons who are eligible for the services by reason of	1171
advanced age, medical condition, or financial need, or persons who	1172
are confined in a detention facility as defined in section 2921.01	1173
of the Revised Code, and the services are intended to help promote	1174
the health, safety, or welfare of those children or persons;	1175

(d) Educational services provided by a school to children	1176
eligible to attend that school. For purposes of division (B)(2)(d)	1177
of this section, "school" means any school operated by a school	1178
district board of education, any community school established	1179
under Chapter 3314. of the Revised Code, or any nonpublic school	1180
for which the state board of education prescribes minimum	1181
education standards under section 3301.07 of the Revised Code.	1182

(e) Services provided by a foster home as defined in section	1183
5103.02 of the Revised Code;	1184

(f) "Routine business services other than administrative or	1185
management services," as that term is defined by the attorney	1186
general by rule adopted in accordance with Chapter 119. of the	1187
Revised Code;	1188

(g) Services to protect the environment or promote	1189
environmental education that are provided by a nonprofit entity or	1190
services to protect the environment that are funded with federal	1191
grants or revolving loan funds and administered in accordance with	1192
federal law.	1193

(3) The person receives the money solely in return for the	1194
performance of services intended to help preserve public health or	1195
safety under circumstances requiring immediate action as a result	1196
of a natural or man-made emergency.	1197

(C) With respect to an unincorporated nonprofit association,	1198
corporation, or organization established for the purpose of	1199
providing educational, technical, consulting, training, financial,	1200
or other services to its members in exchange for membership dues	1201
and other fees, any of the services provided to a member that is a	1202
governmental entity shall, for purposes of this section, be	1203
considered services "for the primary benefit of a governmental	1204
entity or the employees of a governmental entity."	1205

Sec. 9.239. (A) There is hereby created the government	1206
contracting advisory council. The attorney general and auditor of	1207
state shall consult with the council on the performance of their	1208
rule-making functions under sections 9.237 and 9.238 of the	1209
Revised Code and shall consider any recommendations of the	1210
council. The medicaid director ~~of job and family services~~ shall	1211
annually report to the council the cost methodology of the	1212
medicaid-funded services described in division (A)(3)(d) of	1213
section 9.231 of the Revised Code. The council shall consist of	1214
the following members or their designees:	1215

(1) The attorney general;

1216

(2) The auditor of state;

1217

(3) The director of administrative services;

1218

(4) The director of aging;

1219

(5) ~~The director of alcohol and drug addiction services~~The	1220
medicaid director;	1221

(6) The director of budget and management;

1222

(7) The director of development services;

1223

(8) The director of job and family services;

1224

(9) The director of ~~mental health~~mental health and addiction	1225
services;	1226

(10) The director of developmental disabilities;

1227

(11) The director of rehabilitation and correction;

1228

(12) The administrator of workers' compensation;

1229

(13) The executive director of the county commissioners'	1230
association of Ohio;	1231

(14) The president of the Ohio grantmakers forum;

1232

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

1233

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

1234

(17) The president of the Ohio society of certified public	1235
accountants;	1236

(18) The executive director of the Ohio association of	1237
nonprofit organizations;	1238

(19) The president of the Ohio united way;

1239

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

1240

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

1241

(B) If an agency or organization represented on the council	1242
ceases to exist in the form it has on September 29, 2005, the	1243
successor agency or organization shall be represented in its	1244
place. If there is no successor agency or organization, or if it	1245
is not clear what agency or organization is the successor, the	1246
attorney general shall designate an agency or organization to be	1247
represented in place of the agency or organization originally	1248
represented on the council.	1249

(C) The two members appointed to the council shall serve	1250
three-year terms. Original appointments shall be made not later	1251
than sixty days after September 29, 2005. Vacancies on the council	1252
shall be filled in the same manner as the original appointment.	1253

(D) The attorney general or the attorney general's designee	1254
shall be the chairperson of the council. The council shall meet at	1255
least once every two years to review the rules adopted under	1256
sections 9.237 and 9.238 of the Revised Code and to make	1257
recommendations to the attorney general and auditor of state	1258
regarding the adoption, amendment, or repeal of those rules. The	1259
council shall also meet at other times as requested by the	1260
attorney general or auditor of state.	1261

(E) Members of the council shall serve without compensation	1262
or reimbursement.	1263

(F) The office of the attorney general shall provide	1264
necessary staff, facilities, supplies, and services to the	1265
council.	1266

(G) Sections 101.82 to 101.87 of the Revised Code do not	1267
apply to the council.	1268

Sec. 9.24. (A) Except as may be allowed under division (F) of	1269
this section, no state agency and no political subdivision shall	1270
award a contract as described in division (G)(1) of this section	1271
for goods, services, or construction, paid for in whole or in part	1272
with state funds, to a person against whom a finding for recovery	1273
has been issued by the auditor of state on and after January 1,	1274
2001, if the finding for recovery is unresolved.	1275

A contract is considered to be awarded when it is entered	1276
into or executed, irrespective of whether the parties to the	1277
contract have exchanged any money.	1278

(B) For purposes of this section, a finding for recovery is	1279
unresolved unless one of the following criteria applies:	1280

(1) The money identified in the finding for recovery is paid	1281
in full to the state agency or political subdivision to whom the	1282
money was owed;	1283

(2) The debtor has entered into a repayment plan that is	1284
approved by the attorney general and the state agency or political	1285
subdivision to whom the money identified in the finding for	1286
recovery is owed. A repayment plan may include a provision	1287
permitting a state agency or political subdivision to withhold	1288
payment to a debtor for goods, services, or construction provided	1289
to or for the state agency or political subdivision pursuant to a	1290
contract that is entered into with the debtor after the date the	1291
finding for recovery was issued.	1292

(3) The attorney general waives a repayment plan described in	1293
division (B)(2) of this section for good cause;	1294

(4) The debtor and state agency or political subdivision to	1295
whom the money identified in the finding for recovery is owed have	1296
agreed to a payment plan established through an enforceable	1297
settlement agreement.	1298

(5) The state agency or political subdivision desiring to	1299
enter into a contract with a debtor certifies, and the attorney	1300
general concurs, that all of the following are true:	1301

(a) Essential services the state agency or political	1302
subdivision is seeking to obtain from the debtor cannot be	1303
provided by any other person besides the debtor;	1304

(b) Awarding a contract to the debtor for the essential	1305
services described in division (B)(5)(a) of this section is in the	1306
best interest of the state;	1307

(c) Good faith efforts have been made to collect the money	1308
identified in the finding of recovery.	1309

(6) The debtor has commenced an action to contest the finding	1310
for recovery and a final determination on the action has not yet	1311
been reached.	1312

(C) The attorney general shall submit an initial report to	1313
the auditor of state, not later than December 1, 2003, indicating	1314
the status of collection for all findings for recovery issued by	1315
the auditor of state for calendar years 2001, 2002, and 2003.	1316
Beginning on January 1, 2004, the attorney general shall submit to	1317
the auditor of state, on the first day of every January, April,	1318
July, and October, a list of all findings for recovery that have	1319
been resolved in accordance with division (B) of this section	1320
during the calendar quarter preceding the submission of the list	1321
and a description of the means of resolution. The attorney general	1322
shall notify the auditor of state when a judgment is issued	1323
against an entity described in division (F)(1) of this section.	1324

(D) The auditor of state shall maintain a database,	1325
accessible to the public, listing persons against whom an	1326
unresolved finding for recovery has been issued, and the amount of	1327
the money identified in the unresolved finding for recovery. The	1328
auditor of state shall have this database operational on or before	1329
January 1, 2004. The initial database shall contain the	1330
information required under this division for calendar years 2001,	1331
2002, and 2003.	1332

Beginning January 15, 2004, the auditor of state shall update	1333
the database by the fifteenth day of every January, April, July,	1334
and October to reflect resolved findings for recovery that are	1335
reported to the auditor of state by the attorney general on the	1336
first day of the same month pursuant to division (C) of this	1337
section.	1338

(E) Before awarding a contract as described in division	1339
(G)(1) of this section for goods, services, or construction, paid	1340
for in whole or in part with state funds, a state agency or	1341
political subdivision shall verify that the person to whom the	1342
state agency or political subdivision plans to award the contract	1343
has no unresolved finding for recovery issued against the person.	1344
A state agency or political subdivision shall verify that the	1345
person does not appear in the database described in division (D)	1346
of this section or shall obtain other proof that the person has no	1347
unresolved finding for recovery issued against the person.	1348

(F) The prohibition of division (A) of this section and the	1349
requirement of division (E) of this section do not apply with	1350
respect to the companies, payments, or agreements described in	1351
divisions (F)(1) and (2) of this section, or in the circumstance	1352
described in division (F)(3) of this section.	1353

(1) A bonding company or a company authorized to transact the	1354
business of insurance in this state, a self-insurance pool, joint	1355
self-insurance pool, risk management program, or joint risk	1356
management program, unless a court has entered a final judgment	1357
against the company and the company has not yet satisfied the	1358
final judgment.	1359

(2) To medicaid provider agreements under ~~Chapter 5111. of~~	1360
the ~~Revised Code~~medicaid program.	1361

(3) When federal law dictates that a specified entity provide	1362
the goods, services, or construction for which a contract is being	1363
awarded, regardless of whether that entity would otherwise be	1364
prohibited from entering into the contract pursuant to this	1365
section.	1366

(G)(1) This section applies only to contracts for goods,	1367
services, or construction that satisfy the criteria in either	1368
division (G)(1)(a) or (b) of this section. This section may apply	1369
to contracts for goods, services, or construction that satisfy the	1370
criteria in division (G)(1)(c) of this section, provided that the	1371
contracts also satisfy the criteria in either division (G)(1)(a)	1372
or (b) of this section.	1373

(a) The cost for the goods, services, or construction	1374
provided under the contract is estimated to exceed twenty-five	1375
thousand dollars.	1376

(b) The aggregate cost for the goods, services, or	1377
construction provided under multiple contracts entered into by the	1378
particular state agency and a single person or the particular	1379
political subdivision and a single person within the fiscal year	1380
preceding the fiscal year within which a contract is being entered	1381
into by that same state agency and the same single person or the	1382
same political subdivision and the same single person, exceeded	1383
fifty thousand dollars.	1384

(c) The contract is a renewal of a contract previously	1385
entered into and renewed pursuant to that preceding contract.	1386

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

1387

(H) As used in this section:

1388

(1) "State agency" has the same meaning as in section 9.66 of	1389
the Revised Code.	1390

(2) "Political subdivision" means a political subdivision as	1391
defined in section 9.82 of the Revised Code that has received more	1392
than fifty thousand dollars of state money in the current fiscal	1393
year or the preceding fiscal year.	1394

(3) "Finding for recovery" means a determination issued by	1395
the auditor of state, contained in a report the auditor of state	1396
gives to the attorney general pursuant to section 117.28 of the	1397
Revised Code, that public money has been illegally expended,	1398
public money has been collected but not been accounted for, public	1399
money is due but has not been collected, or public property has	1400
been converted or misappropriated.	1401

(4) "Debtor" means a person against whom a finding for	1402
recovery has been issued.	1403

(5) "Person" means the person named in the finding for	1404
recovery.	1405

(6) "State money" does not include funds the state receives	1406
from another source and passes through to a political subdivision.	1407

Sec. 9.833. (A) As used in this section, "political	1408
subdivision" has the meaning defined in sections 2744.01 and	1409
3905.36 of the Revised Code. For purposes of this section,	1410
"political subdivision" includes municipal corporations as defined	1411
in section 5705.01 of the Revised Code.	1412

(B) Political subdivisions that provide health care benefits	1413
for their officers or employees may do any of the following:	1414

(1) Establish and maintain an individual self-insurance	1415
program with public moneys to provide authorized health care	1416
benefits, including but not limited to, health care, prescription	1417
drugs, dental care, and vision care, in accordance with division	1418
(C) of this section;	1419

(2) Establish and maintain a health savings account program	1420
whereby employees or officers may establish and maintain health	1421
savings accounts in accordance with section 223 of the Internal	1422
Revenue Code. Public moneys may be used to pay for or fund	1423
federally qualified high deductible health plans that are linked	1424
to health savings accounts or to make contributions to health	1425
savings accounts. A health savings account program may be a part	1426
of a self-insurance program.	1427

(3) After establishing an individual self-insurance program,	1428
agree with other political subdivisions that have established	1429
individual self-insurance programs for health care benefits, that	1430
their programs will be jointly administered in a manner specified	1431
in the agreement;	1432

(4) Pursuant to a written agreement and in accordance with	1433
division (C) of this section, join in any combination with other	1434
political subdivisions to establish and maintain a joint	1435
self-insurance program to provide health care benefits;	1436

(5) Pursuant to a written agreement, join in any combination	1437
with other political subdivisions to procure or contract for	1438
policies, contracts, or plans of insurance to provide health care	1439
benefits, which may include a health savings account program for	1440
their officers and employees subject to the agreement;	1441

(6) Use in any combination any of the policies, contracts,	1442
plans, or programs authorized under this division.	1443

(7) Any agreement made under division (B)(3), (4), (5), or	1444
(6) of this section shall be in writing, comply with division (C)	1445
of this section, and contain best practices established in	1446
consultation with and approved by the department of administrative	1447
services. The best practices may be reviewed and amended at the	1448
discretion of the political subdivisions in consultation with the	1449
department. Detailed information regarding the best practices	1450
shall be made available to any employee upon that employee's	1451
request.	1452

(8) Purchase plans ~~approved~~containing best practices	1453
established by the department of administrative services under	1454
section 9.901 of the Revised Code.	1455

(C) Except as otherwise provided in division (E) of this	1456
section, the following apply to individual or joint self-insurance	1457
programs established pursuant to this section:	1458

(1) Such funds shall be reserved as are necessary, in the	1459
exercise of sound and prudent actuarial judgment, to cover	1460
potential cost of health care benefits for the officers and	1461
employees of the political subdivision. A certified audited	1462
financial statement and a report of aggregate amounts so reserved	1463
and aggregate disbursements made from such funds, together with a	1464
written report of a member of the American academy of actuaries	1465
certifying whether the amounts reserved conform to the	1466
requirements of this division, are computed in accordance with	1467
accepted loss reserving standards, and are fairly stated in	1468
accordance with sound loss reserving principles, shall be prepared	1469
and maintained, within ninety days after the last day of the	1470
fiscal year of the entity for which the report is provided for	1471
that fiscal year, in the office of the program administrator	1472
described in division (C)(3) of this section.	1473

The report required by division (C)(1) of this section shall	1474
include, but not be limited to, the aggregate of disbursements	1475
made for the administration of the program, including claims paid,	1476
costs of the legal representation of political subdivisions and	1477
employees, and fees paid to consultants.	1478

The program administrator described in division (C)(3) of	1479
this section shall make the report required by this division	1480
available for inspection by any person at all reasonable times	1481
during regular business hours, and, upon the request of such	1482
person, shall make copies of the report available at cost within a	1483
reasonable period of time. The program administrator shall further	1484
provide the report to the auditor of state under Chapter 117. of	1485
the Revised Code. The report required by this division is in lieu	1486
of the records required by division (A) of section 149.431 of the	1487
Revised Code.	1488

(2) Each political subdivision shall reserve funds necessary	1489
for an individual or joint self-insurance program in a special	1490
fund that may be established for political subdivisions other than	1491
an agency or instrumentality pursuant to an ordinance or	1492
resolution of the political subdivision and not subject to section	1493
5705.12 of the Revised Code. An agency or instrumentality shall	1494
reserve the funds necessary for an individual or joint	1495
self-insurance program in a special fund established pursuant to a	1496
resolution duly adopted by the agency's or instrumentality's	1497
governing board. The political subdivision may allocate the costs	1498
of insurance or any self-insurance program, or both, among the	1499
funds or accounts established under this division on the basis of	1500
relative exposure and loss experience.	1501

(3) A contract may be awarded, without the necessity of	1502
competitive bidding, to any person, political subdivision,	1503
nonprofit corporation organized under Chapter 1702. of the Revised	1504
Code, or regional council of governments created under Chapter	1505
167. of the Revised Code for purposes of administration of an	1506
individual or joint self-insurance program. No such contract shall	1507
be entered into without full, prior, public disclosure of all	1508
terms and conditions. The disclosure shall include, at a minimum,	1509
a statement listing all representations made in connection with	1510
any possible savings and losses resulting from the contract, and	1511
potential liability of any political subdivision or employee. The	1512
proposed contract and statement shall be disclosed and presented	1513
at a meeting of the political subdivision not less than one week	1514
prior to the meeting at which the political subdivision authorizes	1515
the contract.	1516

A contract awarded to a nonprofit corporation or a regional	1517
council of governments under this division may provide that all	1518
employees of the nonprofit corporation or regional council of	1519
governments, the employees of all entities related to the	1520
nonprofit corporation or regional council of governments, and the	1521
employees of other nonprofit corporations that have fifty or fewer	1522
employees and have been organized for the primary purpose of	1523
representing the interests of political subdivisions, may be	1524
covered by the individual or joint self-insurance program under	1525
the terms and conditions set forth in the contract.	1526

(4) The individual or joint self-insurance program shall	1527
include a contract with a certified public accountant and a member	1528
of the American academy of actuaries for the preparation of the	1529
written evaluations required under division (C)(1) of this	1530
section.	1531

(5) A joint self-insurance program may allocate the costs of	1532
funding the program among the funds or accounts established under	1533
this division to the participating political subdivisions on the	1534
basis of their relative exposure and loss experience.	1535

(6) An individual self-insurance program may allocate the	1536
costs of funding the program among the funds or accounts	1537
established under this division to the political subdivision that	1538
established the program.	1539

(7) Two or more political subdivisions may also authorize the	1540
establishment and maintenance of a joint health care cost	1541
containment program, including, but not limited to, the employment	1542
of risk managers, health care cost containment specialists, and	1543
consultants, for the purpose of preventing and reducing health	1544
care costs covered by insurance, individual self-insurance, or	1545
joint self-insurance programs.	1546

(8) A political subdivision is not liable under a joint	1547
self-insurance program for any amount in excess of amounts payable	1548
pursuant to the written agreement for the participation of the	1549
political subdivision in the joint self-insurance program. Under a	1550
joint self-insurance program agreement, a political subdivision	1551
may, to the extent permitted under the written agreement, assume	1552
the risks of any other political subdivision. A joint	1553
self-insurance program established under this section is deemed a	1554
separate legal entity for the public purpose of enabling the	1555
members of the joint self-insurance program to obtain insurance or	1556
to provide for a formalized, jointly administered self-insurance	1557
fund for its members. An entity created pursuant to this section	1558
is exempt from all state and local taxes.	1559

(9) Any political subdivision, other than an agency or	1560
instrumentality, may issue general obligation bonds, or special	1561
obligation bonds that are not payable from real or personal	1562
property taxes, and may also issue notes in anticipation of such	1563
bonds, pursuant to an ordinance or resolution of its legislative	1564
authority or other governing body for the purpose of providing	1565
funds to pay expenses associated with the settlement of claims,	1566
whether by way of a reserve or otherwise, and to pay the political	1567
subdivision's portion of the cost of establishing and maintaining	1568
an individual or joint self-insurance program or to provide for	1569
the reserve in the special fund authorized by division (C)(2) of	1570
this section.	1571

In its ordinance or resolution authorizing bonds or notes	1572
under this section, a political subdivision may elect to issue	1573
such bonds or notes under the procedures set forth in Chapter 133.	1574
of the Revised Code. In the event of such an election,	1575
notwithstanding Chapter 133. of the Revised Code, the maturity of	1576
the bonds may be for any period authorized in the ordinance or	1577
resolution not exceeding twenty years, which period shall be the	1578
maximum maturity of the bonds for purposes of section 133.22 of	1579
the Revised Code.	1580

Bonds and notes issued under this section shall not be	1581
considered in calculating the net indebtedness of the political	1582
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	1583
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	1584
hereby made applicable to bonds or notes authorized under this	1585
section.	1586

(10) A joint self-insurance program is not an insurance	1587
company. Its operation does not constitute doing an insurance	1588
business and is not subject to the insurance laws of this state.	1589

(D) A political subdivision may procure group life insurance	1590
for its employees in conjunction with an individual or joint	1591
self-insurance program authorized by this section, provided that	1592
the policy of group life insurance is not self-insured.	1593

(E) This section does not apply to individual self-insurance	1594
programs created solely by municipal corporations as defined in	1595
section 5705.01 of the Revised Code.	1596

(F) A public official or employee of a political subdivision	1597
who is or becomes a member of the governing body of the program	1598
administrator of a joint self-insurance program in which the	1599
political subdivision participates is not in violation of division	1600
(D) or (E) of section 102.03, division (C) of section 102.04, or	1601
section 2921.42 of the Revised Code as a result of either of the	1602
following:	1603

(1) The political subdivision's entering under this section	1604
into the written agreement to participate in the joint	1605
self-insurance program;	1606

(2) The political subdivision's entering under this section	1607
into any other contract with the joint self-insurance program.	1608

Sec. 9.90. (A) ~~The following applies until the department of~~	1609
~~administrative services implements healthcare plans designed under~~	1610
~~section 9.901 of the Revised Code. If those plans do not include~~	1611
~~or address any benefits listed in this section, or if the board of~~	1612
~~trustees or other governing body of a state institution of higher~~	1613
~~education, as defined in section 3345.011 of the Revised Code,~~	1614
~~board of education of a school district, or governing board of an~~	1615
~~educational service center do not elect to be covered under a plan~~	1616
~~offered by the department of administrative services under section~~	1617
~~9.901 of the Revised Code, the following provisions continue in~~	1618
~~effect for those benefits.~~ The board of trustees or other	1619
governing body of a state institution of higher education, as	1620
defined in section 3345.011 of the Revised Code, board of	1621
education of a school district, or governing board of an	1622
educational service center may, in addition to all other powers	1623
provided in the Revised Code:	1624

(1) Contract for, purchase, or otherwise procure from an	1625
insurer or insurers licensed to do business by the state of Ohio	1626
for or on behalf of such of its employees as it may determine,	1627
life insurance, or sickness, accident, annuity, endowment, health,	1628
medical, hospital, dental, or surgical coverage and benefits, or	1629
any combination thereof, by means of insurance plans or other	1630
types of coverage, family, group or otherwise, and may pay from	1631
funds under its control and available for such purpose all or any	1632
portion of the cost, premium, or charge for such insurance,	1633
coverage, or benefits. However, the governing board, in addition	1634
to or as an alternative to the authority otherwise granted by	1635
division (A)(1) of this section, may elect to procure coverage for	1636
health care services, for or on behalf of such of its employees as	1637
it may determine, by means of policies, contracts, certificates,	1638
or agreements issued by at least two health insuring corporations	1639
holding a certificate of authority under Chapter 1751. of the	1640
Revised Code and may pay from funds under the governing board's	1641
control and available for such purpose all or any portion of the	1642
cost of such coverage.	1643

(2) Make payments to a custodial account for investment in	1644
regulated investment company stock for the purpose of providing	1645
retirement benefits as described in section 403(b)(7) of the	1646
Internal Revenue Code of 1954, as amended. Such stock shall be	1647
purchased only from persons authorized to sell such stock in this	1648
state.	1649

Any income of an employee deferred under divisions (A)(1) and	1650
(2) of this section in a deferred compensation program eligible	1651
for favorable tax treatment under the Internal Revenue Code of	1652
1954, as amended, shall continue to be included as regular	1653
compensation for the purpose of computing the contributions to and	1654
benefits from the retirement system of such employee. Any sum so	1655
deferred shall not be included in the computation of any federal	1656
and state income taxes withheld on behalf of any such employee.	1657

(B) All or any portion of the cost, premium, or charge	1658
therefor may be paid in such other manner or combination of	1659
manners as the board or governing body may determine, including	1660
direct payment by the employee in cases under division (A)(1) of	1661
this section, and, if authorized in writing by the employee in	1662
cases under division (A)(1) or (2) of this section, by the board	1663
or governing body with moneys made available by deduction from or	1664
reduction in salary or wages or by the foregoing of a salary or	1665
wage increase. Nothing in section 3917.01 or section 3917.06 of	1666
the Revised Code shall prohibit the issuance or purchase of group	1667
life insurance authorized by this section by reason of payment of	1668
premiums therefor by the board or governing body from its funds,	1669
and such group life insurance may be so issued and purchased if	1670
otherwise consistent with the provisions of sections 3917.01 to	1671
3917.07 of the Revised Code.	1672

(C) The board of education of any school district may	1673
exercise any of the powers granted to the governing boards of	1674
public institutions of higher education under divisions (A) and	1675
(B) of this section. All health care benefits provided to persons	1676
employed by the public schools of this state shall be through	1677
health care plans that contain best practices established by the	1678
department of administrative services pursuant to section 9.901 of	1679
the Revised Code.	1680

~~(D) Once the department of administrative services releases~~	1681
~~in final form health care plans designed under section 9.901 of~~	1682
~~the Revised Code, all health care benefits provided to persons~~	1683
~~employed by state institutions of higher education, school~~	1684
~~districts, or educational service centers may be through those~~	1685
~~plans.~~	1686

Sec. 9.901. (A)(1) All health care benefits provided to	1687
persons employed by ~~the political subdivisions and~~ public ~~school~~	1688
~~districts of~~employers as defined by this ~~state~~section shall be	1689
provided by health care plans that contain best practices	1690
established ~~pursuant to this section~~ by the former school	1691
employees health care board or the department of administrative	1692
services. ~~Twelve months after the release of best practices by the~~	1693
~~board all~~All policies or contracts for health care benefits	1694
~~provided to public school district employees~~ that are issued or	1695
renewed after the expiration of any applicable collective	1696
bargaining agreement must contain all best practices established	1697
pursuant to this section ~~by the board~~at the time of renewal. ~~Any~~	1698
~~or all of the health~~Health care plans that contain the best	1699
practices ~~specified by the board~~ may be self-insured.	1700

(2) Upon ~~completion of the consultant's report under division~~	1701
~~(E) of this section and once the plans are released in final form~~	1702
~~by the department, all health care benefits provided to persons~~	1703
~~employed by political subdivisions, public school districts, and~~	1704
~~state institutions of higher education may be provided by health~~	1705
~~care plans designed under this section by the department. The~~	1706
~~department, in consultation with the superintendent of insurance,~~	1707
~~may negotiate with and, in accordance with the competitive~~	1708
~~selection procedures of Chapter 125. of the Revised Code, contract~~	1709
~~with one or more insurance companies authorized to do business in~~	1710
~~this state for the issuance of the plans. Any or all of the health~~	1711
~~care plans designed by the department may be self-insured. All~~	1712
~~self-insured plans adopted shall be administered by the department~~	1713
~~in accordance with this section. The plans shall incorporate the~~	1714
~~best practices adopted by the department under division (C)(3) of~~	1715
~~this section~~consulting with the department of administrative	1716
services, a political subdivision may adopt a delivery system of	1717
benefits that is not in accordance with the department's adopted	1718
best practices if it is considered by the department to be most	1719
financially advantageous to the political subdivision.	1720

(3) ~~Before soliciting proposals from insurance companies for~~	1721
~~the issuance of health care plans, the department, in consultation~~	1722
~~with the superintendent of insurance, shall determine what~~	1723
~~geographic regions exist in the state based on the availability of~~	1724
~~providers, networks, costs, and other factors relating to~~	1725
~~providing health care benefits. The department shall then~~	1726
~~determine what health care plans offered by political~~	1727
~~subdivisions, public school districts, state institutions, and~~	1728
~~existing consortiums in the region offer the most cost-effective~~	1729
~~plan.~~	1730

~~(4) The department, in consultation with the superintendent~~	1731
~~of insurance, shall develop a request for proposals and solicit~~	1732
~~bids for health care plans for political subdivisions, public~~	1733
~~school districts, and state institutions in a region similar to~~	1734
~~the existing plans. The department shall also determine the~~	1735
~~benefits offered by existing health care plans, the employees'~~	1736
~~costs, and the cost-sharing arrangements used by political~~	1737
~~subdivisions, schools, and institutions participating in a~~	1738
~~consortium. The department shall determine what strategies are~~	1739
~~used by the existing plans to manage health care costs and shall~~	1740
~~study the potential benefits of state or regional consortiums~~	1741
~~offering multiple health care plans. When options exist in a~~	1742
~~defined regional service area that meet the benchmarks or best~~	1743
~~practices prescribed by the department, public employees shall be~~	1744
~~given the option of selecting from two or more health plans.~~	1745

~~(5) No political subdivision, public school district, or~~	1746
~~state institution may be required to offer the health care plans~~	1747
~~designed under this section until action is taken under division~~	1748
~~(E) of this section.~~	1749

~~In addition, political subdivisions, public school districts,~~	1750
~~or state institutions offering employee health care benefits~~	1751
~~through a plan offered by a consortium of two or more political~~	1752
~~subdivisions, districts, or state institutions, or a consortium of~~	1753
~~one or more political subdivisions, districts, or state~~	1754
~~institutions and one or more other political subdivisions may~~	1755
~~continue offering consortium plans to the political subdivisions',~~	1756
~~districts', or institutions' employees if plans contain best~~	1757
~~practices required under this section.~~	1758

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

1759

(a) "Public employer" means political subdivisions, public	1760
school districts, or state institutions of higher education.	1761

(b) "Public school district" means a city, local, exempted	1762
village, or joint vocational school district; a STEM school	1763
established under Chapter 3326. of the Revised Code; or an	1764
educational service center. "Public school district" does not mean	1765
a community school established under Chapter 3314. of the Revised	1766
Code.	1767

~~(b)~~(c) "State institution of higher education" or "state	1768
institution" means a state institution of higher education as	1769
defined in section 3345.011 of the Revised Code.	1770

~~(c)~~(d) "Political subdivision" has the same meaning as	1771
defined in section 9.833 of the Revised Code.	1772

~~(d)~~(e) A "health care plan" includes group policies,	1773
contracts, and agreements that provide hospital, surgical, or	1774
medical expense coverage, including self-insured plans. A "health	1775
care plan" does not include an individual plan offered to the	1776
employees of a political subdivision, public school district, or	1777
state institution, or a plan that provides coverage only for	1778
specific disease or accidents, or a hospital indemnity, medicare	1779
supplement, or other plan that provides only supplemental	1780
benefits, paid for by the employees of a political subdivision,	1781
public school district, or state institution.	1782

~~(e)~~(f) A "health plan sponsor" means a political subdivision,	1783
public school district, a state institution of higher education, a	1784
consortium of political subdivisions, public school districts, or	1785
state institutions, or a council of governments.	1786

~~(B)~~(4) The ~~political subdivisions and~~ public employees health	1787
care fund is hereby created in the state treasury. The department	1788
shall use all funds in the ~~political subdivisions and~~ public	1789
employees health care fund solely to carry out the provisions of	1790
this section and related administrative costs.	1791

~~(C)~~(B) The department of administrative services shall do all	1792
of the following:	1793

(1) ~~Include disease management and consumer education~~	1794
~~programs, which programs shall include, but are not limited to,~~	1795
~~wellness programs and other measures designed to encourage the~~	1796
~~wise use of medical plan coverage. These programs are not services~~	1797
~~or treatments for purposes of section 3901.71 of the Revised Code.~~	1798

~~(2) After action is taken under division (E) of this section,~~	1799
~~design health care plans for political subdivisions, public school~~	1800
~~districts, and state institutions of higher education in~~	1801
~~accordance with division (A) of this section separate from the~~	1802
~~plans for state agencies;~~	1803

~~(3) Adopt and release a set of standards that shall be~~	1804
~~considered the best practices for health care plans offered to~~	1805
~~employees of political subdivisions, public school districts, and~~	1806
~~state institutions.~~	1807

~~(4) Require that the plans the health plan sponsors~~	1808
~~administer make readily available to the public all cost and~~	1809
~~design elements of the plan;~~	1810

~~(5) Set employee and employer health care plan premiums for~~	1811
~~the plans designed under division (C)(2) of this section;~~	1812

~~(6) Promote cooperation among all organizations affected by~~	1813
~~this section in identifying the elements for the successful~~	1814
~~implementation of this section;~~	1815

~~(7) Promote cost containment measures aligned with patient,~~	1816
~~plan, and provider management strategies in developing and~~	1817
~~managing health care plans;~~	1818

~~(8) Prepare and disseminate to the public an annual report on~~	1819
~~the status of health plan sponsors' effectiveness in making~~	1820
~~progress to reduce the rate of increase in insurance premiums and~~	1821
~~employee out of pocket expenses, as well as progress in improving~~	1822
~~the health status of political subdivision, public school~~	1823
~~district, and state institution employees and their families.~~	1824

~~(D) The sections in Chapter 3923. of the Revised Code~~	1825
~~regulating public employee benefit plans are not applicable to the~~	1826
~~health care plans designed pursuant to this section.~~	1827

~~(E) Before the department's release of the initial health~~	1828
~~care plans, the department shall contract with an independent~~	1829
~~consultant to analyze costs related to employee health care~~	1830
~~benefits provided by existing political subdivision, public school~~	1831
~~district, and state institution plans. All political subdivisions~~	1832
~~shall provide information requested by the department that the~~	1833
~~department determines is needed to complete this study. The~~	1834
~~information requested shall be held confidentially by the~~	1835
~~department and shall not be considered a public record under~~	1836
~~Chapter 149. of the Revised Code. The department may release the~~	1837
~~information after redacting all personally identifiable~~	1838
~~information. The consultant shall determine the benefits offered~~	1839
~~by existing plans, the employees' costs, and the cost-sharing~~	1840
~~arrangements used by political subdivisions, schools, and~~	1841
~~institutions participating in a consortium. The consultant shall~~	1842
~~determine what strategies are used by the existing plans to manage~~	1843
~~health care costs and shall study the potential benefits of state~~	1844
~~or regional consortiums of political subdivisions, public schools,~~	1845
~~and institutions offering multiple health care plans. Based on the~~	1846
~~findings of the analysis, the consultant shall submit written~~	1847
~~recommendations to the department for the development and~~	1848
~~implementation of a successful program for pooling purchasing~~	1849
~~power for the acquisition of employee health care plans. The~~	1850
~~consultant's recommendations shall address, at a minimum, all of~~	1851
~~the following issues:~~	1852

~~(1) The development of a plan for regional coordination of~~	1853
~~the health care plans;~~	1854

~~(2) The establishment of regions for the provision of health~~	1855
~~care plans, based on the availability of providers and plans in~~	1856
~~the state at the time;~~	1857

~~(3) The viability of voluntary and mandatory participation by~~	1858
~~political subdivisions, public schools, and institutions of higher~~	1859
~~education;~~	1860

~~(4) The use of regional preferred provider and closed panel~~	1861
~~plans, health savings accounts, and alternative health care plans,~~	1862
~~to stabilize both costs and the premiums charged to political~~	1863
~~subdivisions, public school districts, and state institutions and~~	1864
~~their employees;~~	1865

~~(5) The use of the competitive bidding process for regional~~	1866
~~health care plans;~~	1867

~~(6) The use of information on claims and costs and of~~	1868
~~information reported by political subdivisions, public school~~	1869
~~districts, and state institutions pursuant to the Consolidated~~	1870
~~Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.~~	1871
~~1161, as amended in analyzing administrative and premium costs;~~	1872

~~(7) The experience of states that have statewide health care~~	1873
~~plans for political subdivision, public school district, and state~~	1874
~~institution employees, including the implementation strategies~~	1875
~~used by those states;~~	1876

~~(8) Recommended strategies for the use of first-year roll-in~~	1877
~~premiums in the transition from political subdivision, district,~~	1878
~~and state institution health care plans to department plans;~~	1879

~~(9) The option of allowing political subdivisions, public~~	1880
~~school districts, and state institutions to join an existing~~	1881
~~regional consortium as an alternative to department plans;~~	1882

~~(10) Mandatory and optional coverages to be offered by the~~	1883
~~department's plans;~~	1884

~~(11) Potential risks to the state from the use of plans~~	1885
~~developed under this section;~~	1886

~~(12) Any legislation needed to ensure the long-term financial~~	1887
~~solvency and stability of a health care purchasing system;~~	1888

~~(13) The potential impacts of any changes to the existing~~	1889
~~purchasing structure on all of the following:~~	1890

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

1891

~~(b) Political subdivision, school district, and state~~	1892
~~institution employees;~~	1893

~~(c) Individual political subdivisions, school districts, and~~	1894
~~state institutions.~~	1895

~~(14) Issues that could arise when political subdivisions,~~	1896
~~school districts, and state institutions transition from the~~	1897
~~existing purchasing structure to a new purchasing structure;~~	1898

~~(15) Strategies available to the department in the creation~~	1899
~~of fund reserves and the need for stop-loss insurance coverage for~~	1900
~~catastrophic losses;~~	1901

~~(16) Impact on eliminating the premium tax or excise~~	1902
~~currently received on behalf of a public employer under division~~	1903
~~(A) of section 5725.18 and division (A) of 5729.03 of the Revised~~	1904
~~Code;~~	1905

~~(17) How development of the federal health exchange in Ohio~~	1906
~~may impact public employees;~~	1907

~~(18) Impact of joint health insurance regional program on~~	1908
~~insurance carriers and agents;~~	1909

~~(19) The benefits, including any cost savings to the state of~~	1910
~~establishing a benchmark for public employers to meet in lieu of~~	1911
~~establishing new plans administered by the department.~~	1912

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

1913

(2) Study the potential benefits of state or regional	1914
consortiums of public employers' health care plans;	1915

(3) Publish information regarding the health care plans	1916
offered by political subdivisions, public school districts, state	1917
institutions, and existing consortiums;	1918

(4) Assist in the design of health care plans for political	1919
subdivisions, public school districts, and state institutions of	1920
higher education in accordance with division (A) of this section	1921
separate from the plans for state agencies;	1922

(5) Adopt and release a set of standards that shall be	1923
considered the best practices for health care plans offered to	1924
employees of political subdivisions, public school districts, and	1925
state institutions;	1926

(6) Require that plans the health plan sponsors administer	1927
make readily available to the public all cost and design elements	1928
of the plan;	1929

(7) Promote cooperation among all organizations affected by	1930
this section in identifying the elements for successful	1931
implementation of this section;	1932

(8) Promote cost containment measures aligned with patient,	1933
plan, and provider management strategies in developing and	1934
managing health care plans; and	1935

(9) Prepare and disseminate to the public an annual report on	1936
the status of health plan sponsors' effectiveness in complying	1937
with best practices and making progress to reduce the rate of	1938
increase in insurance premiums and employee out-of-pocket	1939
expenses, as well as progress in improving the health status of	1940
employees and their families.	1941

(C) The director of administrative services may convene a	1942
public health care advisory committee ~~is hereby created under the~~	1943
~~department of administrative services~~. The committee shall make	1944
recommendations to the director of administrative services or the	1945
director's designee on the development and adoption of best	1946
practices under this section. The committee shall consist of	1947
fifteen members: five members appointed by the speaker of the	1948
house of representatives,; five members appointed by the president	1949
of the senate,; and five members appointed by the governor ~~and~~	1950
~~shall include representatives from state and local government~~	1951
~~employers, state and local government employees, insurance agents,~~	1952
~~health insurance companies, and joint purchasing arrangements~~	1953
~~currently in existence. Nothing in this section prohibits a~~	1954
~~political subdivision from adopting a delivery system of benefits~~	1955
~~that is not in accordance with the department's adopted best~~	1956
~~practices if it is considered to be most financially advantageous~~	1957
~~to the political subdivision~~. Members shall serve without	1958
compensation.	1959

~~(G)~~(D) The department may adopt rules for the enforcement of	1960
health plan sponsors' compliance with the best practices standards	1961
adopted by the department pursuant to this section.	1962

~~(H)~~(E) Any health care plan providing coverage for the	1963
employees of political subdivisions, public school districts, or	1964
state institutions of higher education, or that have provided	1965
coverage within two years before the effective date of this	1966
amendment, shall provide nonidentifiable aggregate claims and	1967
administrative data for the coverage provided as required by the	1968
department, without charge, within thirty days after receiving a	1969
written request from the department. The claims data shall include	1970
data relating to employee group benefit sets, demographics, and	1971
claims experience.	1972

~~(I)(1)~~(F) The department may ~~contract~~work with other state	1973
agencies ~~for~~to obtain services as the department deems necessary	1974
for the implementation and operation of this section, based on	1975
demonstrated experience and expertise in administration,	1976
management, data handling, actuarial studies, quality assurance,	1977
or for other needed services.	1978

~~(2)~~(G) The department shall hire staff as necessary to	1979
provide administrative support to the department and the public	1980
employee health care plan program established by this section.	1981

~~(J) Not more than ninety days before coverage begins for~~	1982
~~political subdivision, public school district, and state~~	1983
~~institution employees under health care plans designed by the~~	1984
~~department, a political subdivision's governing body, public~~	1985
~~school district's board of education, and a state institution's~~	1986
~~board of trustees or managing authority shall provide detailed~~	1987
~~information about the health care plans to the employees.~~	1988

~~(K)~~(H) Nothing in this section shall be construed as	1989
prohibiting political subdivisions, public school districts, or	1990
state institutions from consulting with and compensating insurance	1991
agents and brokers for professional services or from establishing	1992
a self-insurance program.	1993

~~(L)~~(I) Pursuant to Chapter 117. of the Revised Code, the	1994
auditor of state shall conduct all necessary and required audits	1995
of the department. The auditor of state, upon request, also shall	1996
furnish to the department copies of audits of political	1997
subdivisions, public school districts, or consortia performed by	1998
the auditor of state.	1999

Sec. 101.39. (A) There is hereby created the joint	2000
legislative committee on health care oversight. The committee may	2001
review or study any matter related to the provision of health care	2002
services that it considers of significance to the citizens of this	2003
state, including the availability of health care, the quality of	2004
health care, the effectiveness and efficiency of managed care	2005
systems, and the operation of the ~~medical assistance~~medicaid	2006
program ~~established under Chapter 5111. of the Revised Code~~ or	2007
other government health programs.	2008

The department of ~~job and family services~~medicaid,	2009
department of health, department of aging, department of ~~mental~~	2010
~~health~~mental health and addiction services, department of	2011
developmental disabilities, ~~department of alcohol and drug~~	2012
~~addiction services,~~ and other state agencies shall cooperate with	2013
the committee in its study and review of health care issues. On	2014
request, the departments shall provide the committee with reports	2015
and other information sufficient for the committee to fulfill its	2016
duties.	2017

The committee may issue recommendations as it determines	2018
appropriate. The recommendations may be made to the general	2019
assembly, state agencies, private industry, or any other entity.	2020

(B) The committee shall consist of the following members of	2021
the general assembly: the chairperson of the senate's standing	2022
committee with primary responsibility for health legislation, the	2023
chairperson of the house of representatives' standing committee	2024
with primary responsibility for health legislation, four members	2025
of the house of representatives appointed by the speaker of the	2026
house of representatives, and four members of the senate appointed	2027
by the president of the senate. Not more than two members	2028
appointed by the speaker of the house of representatives and not	2029
more than two members appointed by the president of the senate may	2030
be of the same political party. Except in 1995, appointments shall	2031
be made not later than fifteen days after the commencement of the	2032
first regular session of each general assembly. The chairpersons	2033
of the standing committees with primary responsibility for health	2034
legislation shall serve as co-chairpersons of the committee.	2035

Each member of the committee shall hold office during the	2036
general assembly in which the member is appointed and until a	2037
successor has been appointed, notwithstanding the adjournment sine	2038
die of the general assembly in which the member was appointed or	2039
the expiration of the member's term as a member of the general	2040
assembly. Any vacancies occurring among the members of the	2041
committee shall be filled in the manner of the original	2042
appointment.	2043

The committee shall meet at least quarterly and at the call	2044
of the co-chairpersons. The co-chairpersons shall determine the	2045
time, place, and agenda for each meeting of the committee.	2046

The committee has the same powers as other standing or select	2047
committees of the general assembly. The committee may request	2048
assistance from the legislative service commission.	2049

Sec. 101.391. (A) There is hereby created the joint	2050
legislative committee on medicaid technology and reform. The	2051
committee may review or study any matter that it considers	2052
relevant to the operation of the medicaid program ~~established~~	2053
~~under Chapter 5111. of the Revised Code~~, with priority given to	2054
the study or review of mechanisms to enhance the program's	2055
effectiveness through improved technology systems and program	2056
reform.	2057

(B) The committee shall consist of five members of the house	2058
of representatives appointed by the speaker of the house of	2059
representatives and five members of the senate appointed by the	2060
president of the senate. Not more than three members appointed by	2061
the speaker of the house of representatives and not more than	2062
three members appointed by the president of the senate may be of	2063
the same political party.	2064

Each member of the committee shall hold office during the	2065
general assembly in which the member is appointed and until a	2066
successor has been appointed, notwithstanding the adjournment sine	2067
die of the general assembly in which the member was appointed or	2068
the expiration of the member's term as a member of the general	2069
assembly. Any vacancies occurring among the members of the	2070
committee shall be filled in the manner of the original	2071
appointment.	2072

(C) The committee has the same powers as other standing or	2073
select committees of the general assembly. The committee may	2074
employ an executive director.	2075

Sec. 101.392. (A) As used in this section, "Affordable Care	2076
Act" means the federal "Patient Protection and Affordable Care Act	2077
of 2010," Pub. L. 111-148, 124 Stat. 119, as amended by the	2078
federal "Health Care and Education Reconciliation Act of 2010,"	2079
Pub. L. 111-152, 124 Stat. 1029, and any amendments to those acts,	2080
or any regulations or guidance issued under those acts.	2081

(B) There is hereby created the joint legislative committee	2082
on the Affordable Care Act. The committee may review or study any	2083
matter that it considers relevant to the operation and impact of	2084
the Affordable Care Act in this state.	2085

(C) The committee shall consist of three members of the house	2086
of representatives appointed by the speaker of the house of	2087
representatives, and three members of the senate appointed by the	2088
president of the senate. Two members appointed by the speaker of	2089
the house of representatives shall be from the majority party and	2090
one member shall be from the minority party, and two members	2091
appointed by the president of the senate shall be from the	2092
majority party and one member shall be from the minority party.	2093

Each member of the committee shall hold office during the	2094
general assembly in which the member is appointed and until a	2095
successor has been appointed, notwithstanding the adjournment sine	2096
die of the general assembly in which the member was appointed or	2097
the expiration of the member's term as a member of the general	2098
assembly. Any vacancies occurring among the members of the	2099
committee shall be filled in the manner of the original	2100
appointment.	2101

(D) The committee has the same powers as other standing or	2102
select committees of the general assembly. The committee may	2103
request assistance from the legislative service commission.	2104

Sec. 103.144. As used in sections 103.144 to 103.146 of the	2105
Revised Code:	2106

(A) "Mandated benefit" means the following, when considered	2107
in the context of a sickness and accident insurance policy or a	2108
health insuring corporation policy, contract, or agreement:	2109

(1) Any required coverage for a specific medical or	2110
health-related service, treatment, medication, or practice;	2111

(2) Any required coverage for the services of specific health	2112
care providers;	2113

(3) Any requirement that an insurer or health insuring	2114
corporation offer coverage to specific individuals or groups;	2115

(4) Any requirement that an insurer or health insuring	2116
corporation offer specific medical or health-related services,	2117
treatments, medications, or practices to existing insureds or	2118
enrollees;	2119

(5) Any required expansion of, or addition to, existing	2120
coverage;	2121

(6) Any mandated reimbursement amount to specific health care	2122
providers.	2123

(B) "Mandated benefit" does not include any required coverage	2124
or offer of coverage, any required expansion of, or addition to,	2125
existing coverage, or any mandated reimbursement amount to	2126
specific providers, as described in division (A) of this section,	2127
within the context of any public health benefits arrangement,	2128
including but not limited to, the coverage of beneficiaries	2129
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	2130
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	2131
medicare risk contract or medicare cost contract, or to the	2132
coverage of beneficiaries enrolled in ~~Title XIX of the "Social~~	2133
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	2134
~~known as the medical assistance program or~~ medicaid~~, provided by~~	2135
~~the Ohio department of job and family services under Chapter 5111.~~	2136
~~of the Revised Code~~.	2137

Sec. 105.41. (A) There is hereby created in the legislative	2138
branch of government the capitol square review and advisory board,	2139
consisting of twelve members as follows:	2140

(1) Two members of the senate, appointed by the president of	2141
the senate, both of whom shall not be members of the same	2142
political party;	2143

(2) Two members of the house of representatives, appointed by	2144
the speaker of the house of representatives, both of whom shall	2145
not be members of the same political party;	2146

(3) Four members appointed by the governor, with the advice	2147
and consent of the senate, not more than three of whom shall be	2148
members of the same political party, one of whom shall be the	2149
chief of staff of the governor's office, one of whom shall	2150
represent the Ohio arts council, one of whom shall represent the	2151
Ohio historical society, and one of whom shall represent the	2152
public at large;	2153

(4) One member, who shall be a former president of the	2154
senate, appointed by the current president of the senate. If the	2155
current president of the senate, in the current president's	2156
discretion, decides for any reason not to make the appointment or	2157
if no person is eligible or available to serve, the seat shall	2158
remain vacant.	2159

(5) One member, who shall be a former speaker of the house of	2160
representatives, appointed by the current speaker of the house of	2161
representatives. If the current speaker of the house of	2162
representatives, in the current speaker's discretion, decides for	2163
any reason not to make the appointment or if no person is eligible	2164
or available to serve, the seat shall remain vacant.	2165

(6) The clerk of the senate and the clerk of the house of	2166
representatives.	2167

(B) Terms of office of each appointed member of the board	2168
shall be for three years, except that members of the general	2169
assembly appointed to the board shall be members of the board only	2170
so long as they are members of the general assembly and the chief	2171
of staff of the governor's office shall be a member of the board	2172
only so long as the appointing governor remains in office. Each	2173
member shall hold office from the date of the member's appointment	2174
until the end of the term for which the member was appointed. In	2175
case of a vacancy occurring on the board, the president of the	2176
senate, the speaker of the house of representatives, or the	2177
governor, as the case may be, shall in the same manner prescribed	2178
for the regular appointment to the commission, fill the vacancy by	2179
appointing a member. Any member appointed to fill a vacancy	2180
occurring prior to the expiration of the term for which the	2181
member's predecessor was appointed shall hold office for the	2182
remainder of the term. Any appointed member shall continue in	2183
office subsequent to the expiration date of the member's term	2184
until the member's successor takes office, or until a period of	2185
sixty days has elapsed, whichever occurs first.	2186

(C) The board shall hold meetings in a manner and at times	2187
prescribed by the rules adopted by the board. A majority of the	2188
board constitutes a quorum, and no action shall be taken by the	2189
board unless approved by at least six members or by at least seven	2190
members if a person is appointed under division (A)(4) or (5) of	2191
this section. At its first meeting, the board shall adopt rules	2192
for the conduct of its business and the election of its officers,	2193
and shall organize by selecting a chairperson and other officers	2194
as it considers necessary. Board members shall serve without	2195
compensation but shall be reimbursed for actual and necessary	2196
expenses incurred in the performance of their duties.	2197

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

2198

(1) Employ or hire on a consulting basis professional,	2199
technical, and clerical employees as are necessary for the	2200
performance of its duties. All employees of the board are in the	2201
unclassified service and serve at the pleasure of the board. For	2202
purposes of section 4117.01 of the Revised Code, employees of the	2203
board shall be considered employees of the general assembly,	2204
except that employees who are covered by a collective bargaining	2205
agreement on September 29, 2011, shall remain subject to the	2206
agreement until the agreement expires on its terms, and the	2207
agreement shall not be extended or renewed. Upon expiration of the	2208
agreement, the employees are considered employees of the general	2209
assembly for purposes of section 4117.01 of the Revised Code and	2210
are in the unclassified service and serve at the pleasure of the	2211
board.	2212

(2) Hold public hearings at times and places as determined by	2213
the board;	2214

(3) Adopt, amend, or rescind rules necessary to accomplish	2215
the duties of the board as set forth in this section;	2216

(4) Sponsor, conduct, and support such social events as the	2217
board may authorize and consider appropriate for the employees of	2218
the board, employees and members of the general assembly,	2219
employees of persons under contract with the board or otherwise	2220
engaged to perform services on the premises of capitol square, or	2221
other persons as the board may consider appropriate. Subject to	2222
the requirements of Chapter 4303. of the Revised Code, the board	2223
may provide beer, wine, and intoxicating liquor, with or without	2224
charge, for those events and may use funds only from the sale of	2225
goods and services fund to purchase the beer, wine, and	2226
intoxicating liquor the board provides;	2227

(5) Purchase a warehouse in which to store items of the	2228
capitol collection trust and, whenever necessary, equipment or	2229
other property of the board.	2230

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

2231

(1) Have sole authority to coordinate and approve any	2232
improvements, additions, and renovations that are made to the	2233
capitol square. The improvements shall include, but not be limited	2234
to, the placement of monuments and sculpture on the capitol	2235
grounds.	2236

(2) Subject to section 3353.07 of the Revised Code, operate	2237
the capitol square, and have sole authority to regulate all uses	2238
of the capitol square. The uses shall include, but not be limited	2239
to, the casual and recreational use of the capitol square.	2240

(3) Employ, fix the compensation of, and prescribe the duties	2241
of the executive director of the board and other employees the	2242
board considers necessary for the performance of its powers and	2243
duties;	2244

(4) Establish and maintain the capitol collection trust. The	2245
capitol collection trust shall consist of furniture, antiques, and	2246
other items of personal property that the board shall store in	2247
suitable facilities until they are ready to be displayed in the	2248
capitol square.	2249

(5) Perform repair, construction, contracting, purchasing,	2250
maintenance, supervisory, and operating activities the board	2251
determines are necessary for the operation and maintenance of the	2252
capitol square;	2253

(6) Maintain and preserve the capitol square, in accordance	2254
with guidelines issued by the United States secretary of the	2255
interior for application of the secretary's standards for	2256
rehabilitation adopted in 36 C.F.R. part 67;	2257

(7) Plan and develop a center at the capitol building for the	2258
purpose of educating visitors about the history of Ohio, including	2259
its political, economic, and social development and the design and	2260
erection of the capitol building and its grounds.	2261

(F)(1) The board shall lease capital facilities improved or	2262
financed by the Ohio building authority pursuant to Chapter 152.	2263
of the Revised Code for the use of the board, and may enter into	2264
any other agreements with the authority ancillary to improvement,	2265
financing, or leasing of those capital facilities, including, but	2266
not limited to, any agreement required by the applicable bond	2267
proceedings authorized by Chapter 152. of the Revised Code. Any	2268
lease of capital facilities authorized by this section shall be	2269
governed by division (D) of section 152.24 of the Revised Code.	2270

(2) Fees, receipts, and revenues received by the board from	2271
the state underground parking garage constitute available receipts	2272
as defined in section 152.09 of the Revised Code, and may be	2273
pledged to the payment of bond service charges on obligations	2274
issued by the Ohio building authority pursuant to Chapter 152. of	2275
the Revised Code to improve, finance, or purchase capital	2276
facilities useful to the board. The authority may, with the	2277
consent of the board, provide in the bond proceedings for a pledge	2278
of all or a portion of those fees, receipts, and revenues as the	2279
authority determines. The authority may provide in the bond	2280
proceedings or by separate agreement with the board for the	2281
transfer of those fees, receipts, and revenues to the appropriate	2282
bond service fund or bond service reserve fund as required to pay	2283
the bond service charges when due, and any such provision for the	2284
transfer of those fees, receipts, and revenues shall be	2285
controlling notwithstanding any other provision of law pertaining	2286
to those fees, receipts, and revenues.	2287

(3) All moneys received by the treasurer of state on account	2288
of the board and required by the applicable bond proceedings or by	2289
separate agreement with the board to be deposited, transferred, or	2290
credited to the bond service fund or bond service reserve fund	2291
established by the bond proceedings shall be transferred by the	2292
treasurer of state to such fund, whether or not it is in the	2293
custody of the treasurer of state, without necessity for further	2294
appropriation, upon receipt of notice from the Ohio building	2295
authority as prescribed in the bond proceedings.	2296

(G)(1) Except as otherwise provided in division (G)(2) of	2297
this section, all fees, receipts, and revenues received by the	2298
board from the state underground parking garage shall be deposited	2299
into the state treasury to the credit of the underground parking	2300
garage operating fund, which is hereby created, to be used for the	2301
purposes specified in division (F) of this section and for the	2302
operation and maintenance of the garage. All investment earnings	2303
of the fund shall be credited to the fund.	2304

(2) There is hereby created the parking garage automated	2305
equipment fund, which shall be in the custody of the treasurer of	2306
state but shall not be part of the state treasury. Money in the	2307
fund shall be used to purchase the automated teller machine	2308
quality dollar bills needed for operation of the parking garage	2309
automated equipment. The fund shall consist of fees, receipts, or	2310
revenues received by the board from the state underground parking	2311
garage; provided, however, that the total amount deposited into	2312
the fund at any one time shall not exceed ten thousand dollars.	2313
All investment earnings of the fund shall be credited to the fund.	2314

(H) All donations received by the board shall be deposited	2315
into the state treasury to the credit of the capitol square	2316
renovation gift fund, which is hereby created. The fund shall be	2317
used by the board as follows:	2318

(1) To provide part or all of the funding related to	2319
construction, goods, or services for the renovation of the capitol	2320
square;	2321

(2) To purchase art, antiques, and artifacts for display at	2322
the capitol square;	2323

(3) To award contracts or make grants to organizations for	2324
educating the public regarding the historical background and	2325
governmental functions of the capitol square. Chapters 125., 127.,	2326
and 153. and section 3517.13 of the Revised Code do not apply to	2327
purchases made exclusively from the fund, notwithstanding anything	2328
to the contrary in those chapters or that section. All investment	2329
earnings of the fund shall be credited to the fund.	2330

(I) Except as provided in divisions (G), (H), and (J) of this	2331
section, all fees, receipts, and revenues received by the board	2332
shall be deposited into the state treasury to the credit of the	2333
sale of goods and services fund, which is hereby created. Money	2334
credited to the fund shall be used solely to pay costs of the	2335
board other than those specified in divisions (F) and (G) of this	2336
section. All investment earnings of the fund shall be credited to	2337
the fund.	2338

(J) There is hereby created in the state treasury the capitol	2339
square improvement fund, to be used by the board to pay	2340
construction, renovation, and other costs related to the capitol	2341
square for which money is not otherwise available to the board.	2342
Whenever the board determines that there is a need to incur those	2343
costs and that the unencumbered, unobligated balance to the credit	2344
of the underground parking garage operating fund exceeds the	2345
amount needed for the purposes specified in division (F) of this	2346
section and for the operation and maintenance of the garage, the	2347
board may request the director of budget and management to	2348
transfer from the underground parking garage operating fund to the	2349
capitol square improvement fund the amount needed to pay such	2350
construction, renovation, or other costs. The director then shall	2351
transfer the amount needed from the excess balance of the	2352
underground parking garage operating fund.	2353

(K) As the operation and maintenance of the capitol square	2354
constitute essential government functions of a public purpose, the	2355
board shall not be required to pay taxes or assessments upon the	2356
square, upon any property acquired or used by the board under this	2357
section, or upon any income generated by the operation of the	2358
square.	2359

(L) As used in this section, "capitol square" means the	2360
capitol building, senate building, capitol atrium, capitol	2361
grounds, the state underground parking garage, and the warehouse	2362
owned by the board.	2363

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

2364

(N) Any person may possess a firearm in a motor vehicle in	2365
the state underground parking garage at the state capitol	2366
building, if the person's possession of the firearm in the motor	2367
vehicle is not in violation of section 2923.16 of the Revised Code	2368
or any other provision of the Revised Code. Any person may store	2369
or leave a firearm in a locked motor vehicle that is parked in the	2370
state underground parking garage at the state capitol building, if	2371
the person's transportation and possession of the firearm in the	2372
motor vehicle while traveling to the garage was not in violation	2373
of section 2923.16 of the Revised Code or any other provision of	2374
the Revised Code.	2375

Sec. 107.033. As part of the state budget the governor	2376
submits to the general assembly under section 107.03 of the	2377
Revised Code, the governor shall include the state appropriation	2378
limitations the general assembly shall not exceed when making	2379
aggregate general revenue fund appropriations for each respective	2380
fiscal year of the biennium covered by that budget. The aggregate	2381
general revenue fund appropriations the governor proposes in the	2382
state budget also shall not exceed those limitations for each	2383
respective fiscal year of the biennium covered by that budget.	2384

(A) For fiscal year 2008, the state appropriation limitation	2385
is the sum of the following:	2386

(1) The aggregate general revenue fund appropriations for	2387
fiscal year 2007; plus	2388

(2) The aggregate general revenue fund appropriations for	2389
fiscal year 2007 multiplied by either three and one-half per cent,	2390
or the sum of the rate of inflation plus the rate of population	2391
change, whichever is greater.	2392

(B) For each fiscal year thereafter that is not a recast	2393
fiscal year, the state appropriation limitation is the sum of the	2394
following:	2395

(1) The state appropriation limitation for the previous	2396
fiscal year; plus	2397

(2) The state appropriation limitation for the previous	2398
fiscal year multiplied by either three and one-half per cent, or	2399
the sum of the rate of inflation plus the rate of population	2400
change, whichever is greater.	2401

(C) For each recast fiscal year, the state appropriation	2402
limitation is the sum of the following:	2403

(1) The aggregate general revenue fund appropriations for the	2404
previous fiscal year; plus	2405

(2) The aggregate general revenue fund appropriations for the	2406
previous fiscal year multiplied by either three and one-half per	2407
cent, or the sum of the rate of inflation plus the rate of	2408
population change, whichever is greater.	2409

(D) The state appropriation limitation for a fiscal year	2410
shall be increased by the amount of a nongeneral revenue fund	2411
appropriation made in the immediately preceding fiscal year, if	2412
all of the following apply to the nongeneral revenue fund	2413
appropriation:	2414

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

2415

(2) It is included in the aggregate general revenue fund	2416
appropriations proposed for that fiscal year.	2417

(3) It is being made for the first time from the general	2418
revenue fund.	2419

Sec. 107.12. (A) As used in this section, "organization"	2420
means a faith-based or other organization that is exempt from	2421
federal income taxation under section 501(c)(3) of the "Internal	2422
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	2423
and provides charitable services to needy residents of this state.	2424

(B) There is hereby established within the office of the	2425
governor the governor's office of faith-based and community	2426
initiatives. The office shall:	2427

(1) Serve as a clearinghouse of information on federal,	2428
state, and local funding for charitable services performed by	2429
organizations;	2430

(2) Encourage organizations to seek public funding for their	2431
charitable services;	2432

(3) Assist local, state, and federal agencies in coordinating	2433
their activities to secure maximum use of funds and efforts that	2434
benefit people receiving charitable services from organizations;	2435

(4) Advise the governor, general assembly, and the advisory	2436
board of the governor's office of faith-based and community	2437
initiatives on the barriers that exist to collaboration between	2438
organizations and governmental entities and on ways to remove the	2439
barriers.	2440

(C) The governor shall appoint an executive director and such	2441
other staff as may be necessary to manage the office and perform	2442
or oversee the performance of the duties of the office. Within	2443
sixty days after being appointed, and every twelve months	2444
thereafter, the executive director shall distribute to the	2445
advisory board and review with the board a strategic plan. The	2446
executive director shall report to the board at least quarterly on	2447
proposed initiatives and policies. A report shall include the	2448
condition of the budget and the finances of the office.	2449

(D)(1) There is hereby created the advisory board of the	2450
governor's office of faith-based and community initiatives. The	2451
board shall consist of the following members:	2452

(a) The directors of aging, ~~alcohol and drug addiction~~	2453
~~services,~~ rehabilitation and correction, health, job and family	2454
services, developmental disabilities, ~~mental health~~mental health	2455
and addiction services, and youth services, or their designees;	2456

(b) The speaker of the house of representatives shall appoint	2457
to the board two members of the house of representatives, not more	2458
than one of whom shall be from the same political party and at	2459
least one of whom shall be from the legislative black caucus. The	2460
president of the senate shall appoint to the board two members of	2461
the senate, not more than one of whom shall be from the same	2462
political party.	2463

(c) The governor, the speaker of the house of	2464
representatives, and the president of the senate shall each	2465
appoint to the board three representatives of the nonprofit,	2466
faith-based and other nonprofit community.	2467

(2) Terms of the office shall be one year. Any vacancy that	2468
occurs on the board shall be filled in the same manner as the	2469
original appointment.	2470

(3) Members of the board are not entitled to compensation,	2471
but the members appointed by the governor, the speaker of the	2472
house of representatives, and the president of the senate who are	2473
representatives of the nonprofit, faith-based and other nonprofit	2474
community shall be reimbursed for their actual and necessary	2475
expenses that are incurred in relation to board meetings.	2476

(4) The board shall be presided over by a chairperson and a	2477
vice-chairperson, who shall be the members of the board who are	2478
also members of the house of representatives or the senate.	2479
Annually on the first day of January, the chairpersonship and	2480
vice-chairpersonship shall alternate between the members of the	2481
house of representatives and the senate.	2482

(E) The board shall have the following duties:

2483

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

2484

(2) Assist in the dissemination of information about, and in	2485
the stimulation of public awareness of, the service programs	2486
supported by the office;	2487

(3) Review the budget and finances of the office, proposed	2488
initiatives and policies, and the executive director's annual	2489
strategic plan at board meetings;	2490

(4) Provide feedback for and proposed modifications of the	2491
executive director's strategic plan. Within forty-five days after	2492
submitting a strategic plan, the executive director shall contact	2493
each advisory board member to obtain feedback. With the approval	2494
of the advisory board chairperson, the executive director shall	2495
lead a strategic plan discussion at the first board meeting	2496
following the distribution of the strategic plan.	2497

(5) Publish a report of its activities and accomplishments on	2498
or before the first day of August of each year, and deliver copies	2499
of the report to the governor, the speaker and minority leader of	2500
the house of representatives, and the president and minority	2501
leader of the senate.	2502

(F) No member of the board or organization that the member is	2503
affiliated or involved with is eligible to receive any grant that	2504
the office administers or assists in administering.	2505

Sec. 109.06. Before entering upon the discharge of the	2506
duties of ~~his~~ office, the attorney general shall give a bond to	2507
the state in the sum of five thousand dollars, with ~~two or more~~	2508
~~sureties approved by the governor~~a surety authorized to do	2509
business in the state, conditioned for the faithful discharge of	2510
the duties of ~~his~~the office of attorney general. Such bond~~, with~~	2511
~~the approval of the governor~~ and the oath of office ~~indorsed~~	2512
~~thereon,~~ shall be deposited with and kept by the secretary of	2513
state ~~and kept~~ in ~~his~~the secretary of state's office.	2514

The first assistant attorney general shall give a bond to the	2515
state in the sum of five thousand dollars, and such other	2516
employees as are designated by the attorney general shall give a	2517
bond to the state in such amounts as the attorney general	2518
determines. Such bonds shall be approved by the attorney general,	2519
conditioned for the faithful discharge of the duties of their	2520
offices, and shall be deposited with and kept by the secretary of	2521
state ~~and kept~~ in ~~his~~the secretary of state's office.	2522

Sec. 109.36. As used in this section and sections 109.361 to	2523
109.366 of the Revised Code:	2524

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

2525

(a) A person who, at the time a cause of action against the	2526
person arises, is serving in an elected or appointed office or	2527
position with the state or is employed by the state.	2528

(b) A person that, at the time a cause of action against the	2529
person, partnership, or corporation arises, is rendering medical,	2530
nursing, dental, podiatric, optometric, physical therapeutic,	2531
psychiatric, or psychological services pursuant to a personal	2532
services contract or purchased service contract with a department,	2533
agency, or institution of the state.	2534

(c) A person that, at the time a cause of action against the	2535
person, partnership, or corporation arises, is rendering peer	2536
review, utilization review, or drug utilization review services in	2537
relation to medical, nursing, dental, podiatric, optometric,	2538
physical therapeutic, psychiatric, or psychological services	2539
pursuant to a personal services contract or purchased service	2540
contract with a department, agency, or institution of the state.	2541

(d) A person who, at the time a cause of action against the	2542
person arises, is rendering medical, nursing, dental, podiatric,	2543
optometric, physical therapeutic, psychiatric, or psychological	2544
services to patients in a state institution operated by the	2545
department of ~~mental health~~mental health and addiction services	2546
pursuant to an agreement with the department.	2547

(2) "Officer or employee" does not include any person	2548
elected, appointed, or employed by any political subdivision of	2549
the state.	2550

(B) "State" means the state of Ohio, including but not	2551
limited to, the general assembly, the supreme court, courts of	2552
appeals, the offices of all elected state officers, and all	2553
departments, boards, offices, commissions, agencies, institutions,	2554
and other instrumentalities of the state of Ohio. "State" does not	2555
include political subdivisions.	2556

(C) "Political subdivisions" of the state means municipal	2557
corporations, townships, counties, school districts, and all other	2558
bodies corporate and politic responsible for governmental	2559
activities only in geographical areas smaller than that of the	2560
state.	2561

(D) "Employer" means the general assembly, the supreme court,	2562
courts of appeals, any office of an elected state officer, or any	2563
department, board, office, commission, agency, institution, or	2564
other instrumentality of the state of Ohio that employs or	2565
contracts with an officer or employee or to which an officer or	2566
employee is elected or appointed.	2567

Sec. 109.57. (A)(1) The superintendent of the bureau of	2568
criminal identification and investigation shall procure from	2569
wherever procurable and file for record photographs, pictures,	2570
descriptions, fingerprints, measurements, and other information	2571
that may be pertinent of all persons who have been convicted of	2572
committing within this state a felony, any crime constituting a	2573
misdemeanor on the first offense and a felony on subsequent	2574
offenses, or any misdemeanor described in division (A)(1)(a),	2575
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	2576
all children under eighteen years of age who have been adjudicated	2577
delinquent children for committing within this state an act that	2578
would be a felony or an offense of violence if committed by an	2579
adult or who have been convicted of or pleaded guilty to	2580
committing within this state a felony or an offense of violence,	2581
and of all well-known and habitual criminals. The person in charge	2582
of any county, multicounty, municipal, municipal-county, or	2583
multicounty-municipal jail or workhouse, community-based	2584
correctional facility, halfway house, alternative residential	2585
facility, or state correctional institution and the person in	2586
charge of any state institution having custody of a person	2587
suspected of having committed a felony, any crime constituting a	2588
misdemeanor on the first offense and a felony on subsequent	2589
offenses, or any misdemeanor described in division (A)(1)(a),	2590
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	2591
having custody of a child under eighteen years of age with respect	2592
to whom there is probable cause to believe that the child may have	2593
committed an act that would be a felony or an offense of violence	2594
if committed by an adult shall furnish such material to the	2595
superintendent of the bureau. Fingerprints, photographs, or other	2596
descriptive information of a child who is under eighteen years of	2597
age, has not been arrested or otherwise taken into custody for	2598
committing an act that would be a felony or an offense of violence	2599
who is not in any other category of child specified in this	2600
division, if committed by an adult, has not been adjudicated a	2601
delinquent child for committing an act that would be a felony or	2602
an offense of violence if committed by an adult, has not been	2603
convicted of or pleaded guilty to committing a felony or an	2604
offense of violence, and is not a child with respect to whom there	2605
is probable cause to believe that the child may have committed an	2606
act that would be a felony or an offense of violence if committed	2607
by an adult shall not be procured by the superintendent or	2608
furnished by any person in charge of any county, multicounty,	2609
municipal, municipal-county, or multicounty-municipal jail or	2610
workhouse, community-based correctional facility, halfway house,	2611
alternative residential facility, or state correctional	2612
institution, except as authorized in section 2151.313 of the	2613
Revised Code.	2614

(2) Every clerk of a court of record in this state, other	2615
than the supreme court or a court of appeals, shall send to the	2616
superintendent of the bureau a weekly report containing a summary	2617
of each case involving a felony, involving any crime constituting	2618
a misdemeanor on the first offense and a felony on subsequent	2619
offenses, involving a misdemeanor described in division (A)(1)(a),	2620
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	2621
involving an adjudication in a case in which a child under	2622
eighteen years of age was alleged to be a delinquent child for	2623
committing an act that would be a felony or an offense of violence	2624
if committed by an adult. The clerk of the court of common pleas	2625
shall include in the report and summary the clerk sends under this	2626
division all information described in divisions (A)(2)(a) to (f)	2627
of this section regarding a case before the court of appeals that	2628
is served by that clerk. The summary shall be written on the	2629
standard forms furnished by the superintendent pursuant to	2630
division (B) of this section and shall include the following	2631
information:	2632

(a) The incident tracking number contained on the standard	2633
forms furnished by the superintendent pursuant to division (B) of	2634
this section;	2635

(b) The style and number of the case;

2636

2637

(d) The date that the person was convicted of or pleaded	2638
guilty to the offense, adjudicated a delinquent child for	2639
committing the act that would be a felony or an offense of	2640
violence if committed by an adult, found not guilty of the	2641
offense, or found not to be a delinquent child for committing an	2642
act that would be a felony or an offense of violence if committed	2643
by an adult, the date of an entry dismissing the charge, an entry	2644
declaring a mistrial of the offense in which the person is	2645
discharged, an entry finding that the person or child is not	2646
competent to stand trial, or an entry of a nolle prosequi, or the	2647
date of any other determination that constitutes final resolution	2648
of the case;	2649

(e) A statement of the original charge with the section of	2650
the Revised Code that was alleged to be violated;	2651

(f) If the person or child was convicted, pleaded guilty, or	2652
was adjudicated a delinquent child, the sentence or terms of	2653
probation imposed or any other disposition of the offender or the	2654
delinquent child.	2655

If the offense involved the disarming of a law enforcement	2656
officer or an attempt to disarm a law enforcement officer, the	2657
clerk shall clearly state that fact in the summary, and the	2658
superintendent shall ensure that a clear statement of that fact is	2659
placed in the bureau's records.	2660

(3) The superintendent shall cooperate with and assist	2661
sheriffs, chiefs of police, and other law enforcement officers in	2662
the establishment of a complete system of criminal identification	2663
and in obtaining fingerprints and other means of identification of	2664
all persons arrested on a charge of a felony, any crime	2665
constituting a misdemeanor on the first offense and a felony on	2666
subsequent offenses, or a misdemeanor described in division	2667
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	2668
Revised Code and of all children under eighteen years of age	2669
arrested or otherwise taken into custody for committing an act	2670
that would be a felony or an offense of violence if committed by	2671
an adult. The superintendent also shall file for record the	2672
fingerprint impressions of all persons confined in a county,	2673
multicounty, municipal, municipal-county, or multicounty-municipal	2674
jail or workhouse, community-based correctional facility, halfway	2675
house, alternative residential facility, or state correctional	2676
institution for the violation of state laws and of all children	2677
under eighteen years of age who are confined in a county,	2678
multicounty, municipal, municipal-county, or multicounty-municipal	2679
jail or workhouse, community-based correctional facility, halfway	2680
house, alternative residential facility, or state correctional	2681
institution or in any facility for delinquent children for	2682
committing an act that would be a felony or an offense of violence	2683
if committed by an adult, and any other information that the	2684
superintendent may receive from law enforcement officials of the	2685
state and its political subdivisions.	2686

(4) The superintendent shall carry out Chapter 2950. of the	2687
Revised Code with respect to the registration of persons who are	2688
convicted of or plead guilty to a sexually oriented offense or a	2689
child-victim oriented offense and with respect to all other duties	2690
imposed on the bureau under that chapter.	2691

(5) The bureau shall perform centralized recordkeeping	2692
functions for criminal history records and services in this state	2693
for purposes of the national crime prevention and privacy compact	2694
set forth in section 109.571 of the Revised Code and is the	2695
criminal history record repository as defined in that section for	2696
purposes of that compact. The superintendent or the	2697
superintendent's designee is the compact officer for purposes of	2698
that compact and shall carry out the responsibilities of the	2699
compact officer specified in that compact.	2700

(B) The superintendent shall prepare and furnish to every	2701
county, multicounty, municipal, municipal-county, or	2702
multicounty-municipal jail or workhouse, community-based	2703
correctional facility, halfway house, alternative residential	2704
facility, or state correctional institution and to every clerk of	2705
a court in this state specified in division (A)(2) of this section	2706
standard forms for reporting the information required under	2707
division (A) of this section. The standard forms that the	2708
superintendent prepares pursuant to this division may be in a	2709
tangible format, in an electronic format, or in both tangible	2710
formats and electronic formats.	2711

(C)(1) The superintendent may operate a center for	2712
electronic, automated, or other data processing for the storage	2713
and retrieval of information, data, and statistics pertaining to	2714
criminals and to children under eighteen years of age who are	2715
adjudicated delinquent children for committing an act that would	2716
be a felony or an offense of violence if committed by an adult,	2717
criminal activity, crime prevention, law enforcement, and criminal	2718
justice, and may establish and operate a statewide communications	2719
network to be known as the Ohio law enforcement gateway to gather	2720
and disseminate information, data, and statistics for the use of	2721
law enforcement agencies and for other uses specified in this	2722
division. The superintendent may gather, store, retrieve, and	2723
disseminate information, data, and statistics that pertain to	2724
children who are under eighteen years of age and that are gathered	2725
pursuant to sections 109.57 to 109.61 of the Revised Code together	2726
with information, data, and statistics that pertain to adults and	2727
that are gathered pursuant to those sections.	2728

(2) The superintendent or the superintendent's designee shall	2729
gather information of the nature described in division (C)(1) of	2730
this section that pertains to the offense and delinquency history	2731
of a person who has been convicted of, pleaded guilty to, or been	2732
adjudicated a delinquent child for committing a sexually oriented	2733
offense or a child-victim oriented offense for inclusion in the	2734
state registry of sex offenders and child-victim offenders	2735
maintained pursuant to division (A)(1) of section 2950.13 of the	2736
Revised Code and in the internet database operated pursuant to	2737
division (A)(13) of that section and for possible inclusion in the	2738
internet database operated pursuant to division (A)(11) of that	2739
section.	2740

(3) In addition to any other authorized use of information,	2741
data, and statistics of the nature described in division (C)(1) of	2742
this section, the superintendent or the superintendent's designee	2743
may provide and exchange the information, data, and statistics	2744
pursuant to the national crime prevention and privacy compact as	2745
described in division (A)(5) of this section.	2746

(4) The attorney general may adopt rules under Chapter 119.	2747
of the Revised Code establishing guidelines for the operation of	2748
and participation in the Ohio law enforcement gateway. The rules	2749
may include criteria for granting and restricting access to	2750
information gathered and disseminated through the Ohio law	2751
enforcement gateway. The attorney general shall permit the state	2752
medical board and board of nursing to access and view, but not	2753
alter, information gathered and disseminated through the Ohio law	2754
enforcement gateway.	2755

The attorney general may appoint a steering committee to	2756
advise the attorney general in the operation of the Ohio law	2757
enforcement gateway that is comprised of persons who are	2758
representatives of the criminal justice agencies in this state	2759
that use the Ohio law enforcement gateway and is chaired by the	2760
superintendent or the superintendent's designee.	2761

(D)(1) The following are not public records under section	2762
149.43 of the Revised Code:	2763

(a) Information and materials furnished to the superintendent	2764
pursuant to division (A) of this section;	2765

(b) Information, data, and statistics gathered or	2766
disseminated through the Ohio law enforcement gateway pursuant to	2767
division (C)(1) of this section;	2768

(c) Information and materials furnished to any board or	2769
person under division (F) or (G) of this section.	2770

(2) The superintendent or the superintendent's designee shall	2771
gather and retain information so furnished under division (A) of	2772
this section that pertains to the offense and delinquency history	2773
of a person who has been convicted of, pleaded guilty to, or been	2774
adjudicated a delinquent child for committing a sexually oriented	2775
offense or a child-victim oriented offense for the purposes	2776
described in division (C)(2) of this section.	2777

(E)(1) The attorney general shall adopt rules, in accordance	2778
with Chapter 119. of the Revised Code and subject to division	2779
(E)(2) of this section, setting forth the procedure by which a	2780
person may receive or release information gathered by the	2781
superintendent pursuant to division (A) of this section. A	2782
reasonable fee may be charged for this service. If a temporary	2783
employment service submits a request for a determination of	2784
whether a person the service plans to refer to an employment	2785
position has been convicted of or pleaded guilty to an offense	2786
listed or described in division (A)(1), (2), or (3) of section	2787
109.572 of the Revised Code, the request shall be treated as a	2788
single request and only one fee shall be charged.	2789

(2) Except as otherwise provided in this division, a rule	2790
adopted under division (E)(1) of this section may provide only for	2791
the release of information gathered pursuant to division (A) of	2792
this section that relates to the conviction of a person, or a	2793
person's plea of guilty to, a criminal offense. The superintendent	2794
shall not release, and the attorney general shall not adopt any	2795
rule under division (E)(1) of this section that permits the	2796
release of, any information gathered pursuant to division (A) of	2797
this section that relates to an adjudication of a child as a	2798
delinquent child, or that relates to a criminal conviction of a	2799
person under eighteen years of age if the person's case was	2800
transferred back to a juvenile court under division (B)(2) or (3)	2801
of section 2152.121 of the Revised Code and the juvenile court	2802
imposed a disposition or serious youthful offender disposition	2803
upon the person under either division, unless either of the	2804
following applies with respect to the adjudication or conviction:	2805

(a) The adjudication or conviction was for a violation of	2806
section 2903.01 or 2903.02 of the Revised Code.	2807

(b) The adjudication or conviction was for a sexually	2808
oriented offense, the juvenile court was required to classify the	2809
child a juvenile offender registrant for that offense under	2810
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	2811
classification has not been removed.	2812

(F)(1) As used in division (F)(2) of this section, "head	2813
start agency" means an entity in this state that has been approved	2814
to be an agency for purposes of subchapter II of the "Community	2815
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	2816
as amended.	2817

(2)(a) In addition to or in conjunction with any request that	2818
is required to be made under section 109.572, 2151.86, 3301.32,	2819
3301.541, division (C) of section 3310.58, or section 3319.39,	2820
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	2821
5153.111 of the Revised Code or that is made under section	2822
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	2823
board of education of any school district; the director of	2824
developmental disabilities; any county board of developmental	2825
disabilities; any provider or subcontractor as defined in section	2826
5123.081 of the Revised Code; the chief administrator of any	2827
chartered nonpublic school; the chief administrator of a	2828
registered private provider that is not also a chartered nonpublic	2829
school; the chief administrator of any home health agency; the	2830
chief administrator of or person operating any child day-care	2831
center, type A family day-care home, or type B family day-care	2832
home licensed or certified under Chapter 5104. of the Revised	2833
Code; the administrator of any type C family day-care home	2834
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	2835
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	2836
general assembly; the chief administrator of any head start	2837
agency; the executive director of a public children services	2838
agency; a private company described in section 3314.41, 3319.392,	2839
3326.25, or 3328.20 of the Revised Code; or an employer described	2840
in division (J)(2) of section 3327.10 of the Revised Code may	2841
request that the superintendent of the bureau investigate and	2842
determine, with respect to any individual who has applied for	2843
employment in any position after October 2, 1989, or any	2844
individual wishing to apply for employment with a board of	2845
education may request, with regard to the individual, whether the	2846
bureau has any information gathered under division (A) of this	2847
section that pertains to that individual. On receipt of the	2848
request, subject to division (E)(2) of this section, the	2849
superintendent shall determine whether that information exists	2850
and, upon request of the person, board, or entity requesting	2851
information, also shall request from the federal bureau of	2852
investigation any criminal records it has pertaining to that	2853
individual. The superintendent or the superintendent's designee	2854
also may request criminal history records from other states or the	2855
federal government pursuant to the national crime prevention and	2856
privacy compact set forth in section 109.571 of the Revised Code.	2857
Within thirty days of the date that the superintendent receives a	2858
request, subject to division (E)(2) of this section, the	2859
superintendent shall send to the board, entity, or person a report	2860
of any information that the superintendent determines exists,	2861
including information contained in records that have been sealed	2862
under section 2953.32 of the Revised Code, and, within thirty days	2863
of its receipt, subject to division (E)(2) of this section, shall	2864
send the board, entity, or person a report of any information	2865
received from the federal bureau of investigation, other than	2866
information the dissemination of which is prohibited by federal	2867
law.	2868

(b) When a board of education or a registered private	2869
provider is required to receive information under this section as	2870
a prerequisite to employment of an individual pursuant to division	2871
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	2872
may accept a certified copy of records that were issued by the	2873
bureau of criminal identification and investigation and that are	2874
presented by an individual applying for employment with the	2875
district in lieu of requesting that information itself. In such a	2876
case, the board shall accept the certified copy issued by the	2877
bureau in order to make a photocopy of it for that individual's	2878
employment application documents and shall return the certified	2879
copy to the individual. In a case of that nature, a district or	2880
provider only shall accept a certified copy of records of that	2881
nature within one year after the date of their issuance by the	2882
bureau.	2883

(c) Notwithstanding division (F)(2)(a) of this section, in	2884
the case of a request under section 3319.39, 3319.391, or 3327.10	2885
of the Revised Code only for criminal records maintained by the	2886
federal bureau of investigation, the superintendent shall not	2887
determine whether any information gathered under division (A) of	2888
this section exists on the person for whom the request is made.	2889

(3) The state board of education may request, with respect to	2890
any individual who has applied for employment after October 2,	2891
1989, in any position with the state board or the department of	2892
education, any information that a school district board of	2893
education is authorized to request under division (F)(2) of this	2894
section, and the superintendent of the bureau shall proceed as if	2895
the request has been received from a school district board of	2896
education under division (F)(2) of this section.	2897

(4) When the superintendent of the bureau receives a request	2898
for information under section 3319.291 of the Revised Code, the	2899
superintendent shall proceed as if the request has been received	2900
from a school district board of education and shall comply with	2901
divisions (F)(2)(a) and (c) of this section.	2902

(5) When a recipient of a classroom reading improvement grant	2903
paid under section 3301.86 of the Revised Code requests, with	2904
respect to any individual who applies to participate in providing	2905
any program or service funded in whole or in part by the grant,	2906
the information that a school district board of education is	2907
authorized to request under division (F)(2)(a) of this section,	2908
the superintendent of the bureau shall proceed as if the request	2909
has been received from a school district board of education under	2910
division (F)(2)(a) of this section.	2911

(G) In addition to or in conjunction with any request that is	2912
required to be made under section 3701.881, 3712.09, or 3721.121	2913
of the Revised Code with respect to an individual who has applied	2914
for employment in a position that involves providing direct care	2915
to an older adult or adult resident, the chief administrator of a	2916
home health agency, hospice care program, home licensed under	2917
Chapter 3721. of the Revised Code, or adult day-care program	2918
operated pursuant to rules adopted under section 3721.04 of the	2919
Revised Code may request that the superintendent of the bureau	2920
investigate and determine, with respect to any individual who has	2921
applied after January 27, 1997, for employment in a position that	2922
does not involve providing direct care to an older adult or adult	2923
resident, whether the bureau has any information gathered under	2924
division (A) of this section that pertains to that individual.	2925

In addition to or in conjunction with any request that is	2926
required to be made under section 173.27 of the Revised Code with	2927
respect to an individual who has applied for employment in a	2928
position that involves providing ombudsperson services to	2929
residents of long-term care facilities or recipients of	2930
community-based long-term care services, the state long-term care	2931
ombudsperson, ~~ombudsperson's designee, or~~the director of ~~health~~	2932
aging, a regional long-term care ombudsperson, or the designee of	2933
the ombudsperson, director, or program may request that the	2934
superintendent investigate and determine, with respect to any	2935
individual who has applied for employment in a position that does	2936
not involve providing such ombudsperson services, whether the	2937
bureau has any information gathered under division (A) of this	2938
section that pertains to that applicant.	2939

In addition to or in conjunction with any request that is	2940
required to be made under section ~~173.394~~173.38 of the Revised	2941
Code with respect to an individual who has applied for employment	2942
in a direct-care position ~~that involves providing direct care to~~	2943
~~an individual~~, the chief administrator of a ~~community-based~~	2944
~~long-term care agency~~provider, as defined in section 173.39 of	2945
the Revised Code, may request that the superintendent investigate	2946
and determine, with respect to any individual who has applied for	2947
employment in a position that ~~does~~is not ~~involve providing direct~~	2948
~~care~~a direct-care position, whether the bureau has any	2949
information gathered under division (A) of this section that	2950
pertains to that applicant.	2951

In addition to or in conjunction with any request that is	2952
required to be made under section 3712.09 of the Revised Code with	2953
respect to an individual who has applied for employment in a	2954
position that involves providing direct care to a pediatric	2955
respite care patient, the chief administrator of a pediatric	2956
respite care program may request that the superintendent of the	2957
bureau investigate and determine, with respect to any individual	2958
who has applied for employment in a position that does not involve	2959
providing direct care to a pediatric respite care patient, whether	2960
the bureau has any information gathered under division (A) of this	2961
section that pertains to that individual.	2962

On receipt of a request under this division, the	2963
superintendent shall determine whether that information exists	2964
and, on request of the individual requesting information, shall	2965
also request from the federal bureau of investigation any criminal	2966
records it has pertaining to the applicant. The superintendent or	2967
the superintendent's designee also may request criminal history	2968
records from other states or the federal government pursuant to	2969
the national crime prevention and privacy compact set forth in	2970
section 109.571 of the Revised Code. Within thirty days of the	2971
date a request is received, subject to division (E)(2) of this	2972
section, the superintendent shall send to the requester a report	2973
of any information determined to exist, including information	2974
contained in records that have been sealed under section 2953.32	2975
of the Revised Code, and, within thirty days of its receipt, shall	2976
send the requester a report of any information received from the	2977
federal bureau of investigation, other than information the	2978
dissemination of which is prohibited by federal law.	2979

(H) Information obtained by a government entity or person	2980
under this section is confidential and shall not be released or	2981
disseminated.	2982

(I) The superintendent may charge a reasonable fee for	2983
providing information or criminal records under division (F)(2) or	2984
(G) of this section.	2985

(J) As used in this section:

2986

(1) "Pediatric respite care program" and "pediatric respite	2987
care patient" have the same meanings as in section 3712.01 of the	2988
Revised Code.	2989

(2) "Sexually oriented offense" and "child-victim oriented	2990
offense" have the same meanings as in section 2950.01 of the	2991
Revised Code.	2992

(3) "Registered private provider" means a nonpublic school or	2993
entity registered with the superintendent of public instruction	2994
under section 3310.41 of the Revised Code to participate in the	2995
autism scholarship program or section 3310.58 of the Revised Code	2996
to participate in the Jon Peterson special needs scholarship	2997
program.	2998

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	2999
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	3000
a completed form prescribed pursuant to division (C)(1) of this	3001
section, and a set of fingerprint impressions obtained in the	3002
manner described in division (C)(2) of this section, the	3003
superintendent of the bureau of criminal identification and	3004
investigation shall conduct a criminal records check in the manner	3005
described in division (B) of this section to determine whether any	3006
information exists that indicates that the person who is the	3007
subject of the request previously has been convicted of or pleaded	3008
guilty to any of the following:	3009

(a) A violation of section 2903.01, 2903.02, 2903.03,	3010
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3011
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3012
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3013
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	3014
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	3015
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	3016
2925.06, or 3716.11 of the Revised Code, felonious sexual	3017
penetration in violation of former section 2907.12 of the Revised	3018
Code, a violation of section 2905.04 of the Revised Code as it	3019
existed prior to July 1, 1996, a violation of section 2919.23 of	3020
the Revised Code that would have been a violation of section	3021
2905.04 of the Revised Code as it existed prior to July 1, 1996,	3022
had the violation been committed prior to that date, or a	3023
violation of section 2925.11 of the Revised Code that is not a	3024
minor drug possession offense;	3025

(b) A violation of an existing or former law of this state,	3026
any other state, or the United States that is substantially	3027
equivalent to any of the offenses listed in division (A)(1)(a) of	3028
this section;	3029

(c) If the request is made pursuant to section 3319.39 of the	3030
Revised Code for an applicant who is a teacher, any offense	3031
specified in section 3319.31 of the Revised Code.	3032

(2) On receipt of a request pursuant to section 3712.09 or	3033
3721.121 of the Revised Code, a completed form prescribed pursuant	3034
to division (C)(1) of this section, and a set of fingerprint	3035
impressions obtained in the manner described in division (C)(2) of	3036
this section, the superintendent of the bureau of criminal	3037
identification and investigation shall conduct a criminal records	3038
check with respect to any person who has applied for employment in	3039
a position for which a criminal records check is required by those	3040
sections. The superintendent shall conduct the criminal records	3041
check in the manner described in division (B) of this section to	3042
determine whether any information exists that indicates that the	3043
person who is the subject of the request previously has been	3044
convicted of or pleaded guilty to any of the following:	3045

(a) A violation of section 2903.01, 2903.02, 2903.03,	3046
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3047
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3048
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3049
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3050
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3051
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3052
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3053
2925.22, 2925.23, or 3716.11 of the Revised Code;	3054

(b) An existing or former law of this state, any other state,	3055
or the United States that is substantially equivalent to any of	3056
the offenses listed in division (A)(2)(a) of this section.	3057

(3) On receipt of a request pursuant to section 173.27,	3058
~~173.394~~173.38, 3701.881, ~~5111.032~~5164.34, ~~5111.033~~5164.341,	3059
~~5111.034~~5164.342, 5123.081, or 5123.169 of the Revised Code, a	3060
completed form prescribed pursuant to division (C)(1) of this	3061
section, and a set of fingerprint impressions obtained in the	3062
manner described in division (C)(2) of this section, the	3063
superintendent of the bureau of criminal identification and	3064
investigation shall conduct a criminal records check of the person	3065
for whom the request is made. The superintendent shall conduct the	3066
criminal records check in the manner described in division (B) of	3067
this section to determine whether any information exists that	3068
indicates that the person who is the subject of the request	3069
previously has been convicted of, has pleaded guilty to, or	3070
(except in the case of a request pursuant to section 5164.34,	3071
5164.341, or 5164.342 of the Revised Code) has been found eligible	3072
for intervention in lieu of conviction for any of the following,	3073
regardless of the date of the conviction, the date of entry of the	3074
guilty plea, or (except in the case of a request pursuant to	3075
section 5164.34, 5164.341, or 5164.342 of the Revised Code) the	3076
date the person was found eligible for intervention in lieu of	3077
conviction:	3078

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	3079
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	3080
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	3081
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	3082
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3083
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	3084
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	3085
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	3086
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	3087
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3088
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	3089
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	3090
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	3091
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	3092
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	3093
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	3094
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	3095
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	3096
2927.12, or 3716.11 of the Revised Code;	3097

(b) Felonious sexual penetration in violation of former	3098
section 2907.12 of the Revised Code;	3099

(c) A violation of section 2905.04 of the Revised Code as it	3100
existed prior to July 1, 1996;	3101

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	3102
the Revised Code when the underlying offense that is the object of	3103
the conspiracy, attempt, or complicity is one of the offenses	3104
listed in divisions (A)(3)(a) to (c) of this section;	3105

(e) A violation of an existing or former municipal ordinance	3106
or law of this state, any other state, or the United States that	3107
is substantially equivalent to any of the offenses listed in	3108
divisions (A)(3)(a) to (d) of this section.	3109

(4) On receipt of a request pursuant to section 2151.86 of	3110
the Revised Code, a completed form prescribed pursuant to division	3111
(C)(1) of this section, and a set of fingerprint impressions	3112
obtained in the manner described in division (C)(2) of this	3113
section, the superintendent of the bureau of criminal	3114
identification and investigation shall conduct a criminal records	3115
check in the manner described in division (B) of this section to	3116
determine whether any information exists that indicates that the	3117
person who is the subject of the request previously has been	3118
convicted of or pleaded guilty to any of the following:	3119

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3120
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	3121
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	3122
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3123
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3124
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	3125
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	3126
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	3127
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	3128
of the Revised Code, a violation of section 2905.04 of the Revised	3129
Code as it existed prior to July 1, 1996, a violation of section	3130
2919.23 of the Revised Code that would have been a violation of	3131
section 2905.04 of the Revised Code as it existed prior to July 1,	3132
1996, had the violation been committed prior to that date, a	3133
violation of section 2925.11 of the Revised Code that is not a	3134
minor drug possession offense, two or more OVI or OVUAC violations	3135
committed within the three years immediately preceding the	3136
submission of the application or petition that is the basis of the	3137
request, or felonious sexual penetration in violation of former	3138
section 2907.12 of the Revised Code;	3139

(b) A violation of an existing or former law of this state,	3140
any other state, or the United States that is substantially	3141
equivalent to any of the offenses listed in division (A)(4)(a) of	3142
this section.	3143

(5) Upon receipt of a request pursuant to section 5104.012 or	3144
5104.013 of the Revised Code, a completed form prescribed pursuant	3145
to division (C)(1) of this section, and a set of fingerprint	3146
impressions obtained in the manner described in division (C)(2) of	3147
this section, the superintendent of the bureau of criminal	3148
identification and investigation shall conduct a criminal records	3149
check in the manner described in division (B) of this section to	3150
determine whether any information exists that indicates that the	3151
person who is the subject of the request has been convicted of or	3152
pleaded guilty to any of the following:	3153

(a) A violation of section 2903.01, 2903.02, 2903.03,	3154
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	3155
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3156
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3157
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3158
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	3159
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	3160
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3161
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	3162
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	3163
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3164
3716.11 of the Revised Code, felonious sexual penetration in	3165
violation of former section 2907.12 of the Revised Code, a	3166
violation of section 2905.04 of the Revised Code as it existed	3167
prior to July 1, 1996, a violation of section 2919.23 of the	3168
Revised Code that would have been a violation of section 2905.04	3169
of the Revised Code as it existed prior to July 1, 1996, had the	3170
violation been committed prior to that date, a violation of	3171
section 2925.11 of the Revised Code that is not a minor drug	3172
possession offense, a violation of section 2923.02 or 2923.03 of	3173
the Revised Code that relates to a crime specified in this	3174
division, or a second violation of section 4511.19 of the Revised	3175
Code within five years of the date of application for licensure or	3176
certification.	3177

(b) A violation of an existing or former law of this state,	3178
any other state, or the United States that is substantially	3179
equivalent to any of the offenses or violations described in	3180
division (A)(5)(a) of this section.	3181

(6) Upon receipt of a request pursuant to section 5153.111 of	3182
the Revised Code, a completed form prescribed pursuant to division	3183
(C)(1) of this section, and a set of fingerprint impressions	3184
obtained in the manner described in division (C)(2) of this	3185
section, the superintendent of the bureau of criminal	3186
identification and investigation shall conduct a criminal records	3187
check in the manner described in division (B) of this section to	3188
determine whether any information exists that indicates that the	3189
person who is the subject of the request previously has been	3190
convicted of or pleaded guilty to any of the following:	3191

(a) A violation of section 2903.01, 2903.02, 2903.03,	3192
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3193
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3194
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3195
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3196
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3197
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3198
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	3199
felonious sexual penetration in violation of former section	3200
2907.12 of the Revised Code, a violation of section 2905.04 of the	3201
Revised Code as it existed prior to July 1, 1996, a violation of	3202
section 2919.23 of the Revised Code that would have been a	3203
violation of section 2905.04 of the Revised Code as it existed	3204
prior to July 1, 1996, had the violation been committed prior to	3205
that date, or a violation of section 2925.11 of the Revised Code	3206
that is not a minor drug possession offense;	3207

(b) A violation of an existing or former law of this state,	3208
any other state, or the United States that is substantially	3209
equivalent to any of the offenses listed in division (A)(6)(a) of	3210
this section.	3211

(7) On receipt of a request for a criminal records check from	3212
an individual pursuant to section 4749.03 or 4749.06 of the	3213
Revised Code, accompanied by a completed copy of the form	3214
prescribed in division (C)(1) of this section and a set of	3215
fingerprint impressions obtained in a manner described in division	3216
(C)(2) of this section, the superintendent of the bureau of	3217
criminal identification and investigation shall conduct a criminal	3218
records check in the manner described in division (B) of this	3219
section to determine whether any information exists indicating	3220
that the person who is the subject of the request has been	3221
convicted of or pleaded guilty to a felony in this state or in any	3222
other state. If the individual indicates that a firearm will be	3223
carried in the course of business, the superintendent shall	3224
require information from the federal bureau of investigation as	3225
described in division (B)(2) of this section. Subject to division	3226
(F) of this section, the superintendent shall report the findings	3227
of the criminal records check and any information the federal	3228
bureau of investigation provides to the director of public safety.	3229

(8) On receipt of a request pursuant to section 1321.37,	3230
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	3231
Code, a completed form prescribed pursuant to division (C)(1) of	3232
this section, and a set of fingerprint impressions obtained in the	3233
manner described in division (C)(2) of this section, the	3234
superintendent of the bureau of criminal identification and	3235
investigation shall conduct a criminal records check with respect	3236
to any person who has applied for a license, permit, or	3237
certification from the department of commerce or a division in the	3238
department. The superintendent shall conduct the criminal records	3239
check in the manner described in division (B) of this section to	3240
determine whether any information exists that indicates that the	3241
person who is the subject of the request previously has been	3242
convicted of or pleaded guilty to any of the following: a	3243
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	3244
2925.03 of the Revised Code; any other criminal offense involving	3245
theft, receiving stolen property, embezzlement, forgery, fraud,	3246
passing bad checks, money laundering, or drug trafficking, or any	3247
criminal offense involving money or securities, as set forth in	3248
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	3249
the Revised Code; or any existing or former law of this state, any	3250
other state, or the United States that is substantially equivalent	3251
to those offenses.	3252

(9) On receipt of a request for a criminal records check from	3253
the treasurer of state under section 113.041 of the Revised Code	3254
or from an individual under section 4701.08, 4715.101, 4717.061,	3255
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	3256
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	3257
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	3258
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	3259
4762.06, 4776.021, or 4779.091 of the Revised Code, accompanied by	3260
a completed form prescribed under division (C)(1) of this section	3261
and a set of fingerprint impressions obtained in the manner	3262
described in division (C)(2) of this section, the superintendent	3263
of the bureau of criminal identification and investigation shall	3264
conduct a criminal records check in the manner described in	3265
division (B) of this section to determine whether any information	3266
exists that indicates that the person who is the subject of the	3267
request has been convicted of or pleaded guilty to any criminal	3268
offense in this state or any other state. Subject to division (F)	3269
of this section, the superintendent shall send the results of a	3270
check requested under section 113.041 of the Revised Code to the	3271
treasurer of state and shall send the results of a check requested	3272
under any of the other listed sections to the licensing board	3273
specified by the individual in the request.	3274

(10) On receipt of a request pursuant to section 1121.23,	3275
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3276
Code, a completed form prescribed pursuant to division (C)(1) of	3277
this section, and a set of fingerprint impressions obtained in the	3278
manner described in division (C)(2) of this section, the	3279
superintendent of the bureau of criminal identification and	3280
investigation shall conduct a criminal records check in the manner	3281
described in division (B) of this section to determine whether any	3282
information exists that indicates that the person who is the	3283
subject of the request previously has been convicted of or pleaded	3284
guilty to any criminal offense under any existing or former law of	3285
this state, any other state, or the United States.	3286

(11) On receipt of a request for a criminal records check	3287
from an appointing or licensing authority under section 3772.07 of	3288
the Revised Code, a completed form prescribed under division	3289
(C)(1) of this section, and a set of fingerprint impressions	3290
obtained in the manner prescribed in division (C)(2) of this	3291
section, the superintendent of the bureau of criminal	3292
identification and investigation shall conduct a criminal records	3293
check in the manner described in division (B) of this section to	3294
determine whether any information exists that indicates that the	3295
person who is the subject of the request previously has been	3296
convicted of or pleaded guilty or no contest to any offense under	3297
any existing or former law of this state, any other state, or the	3298
United States that is a disqualifying offense as defined in	3299
section 3772.07 of the Revised Code or substantially equivalent to	3300
such an offense.	3301

(12) On receipt of a request pursuant to section 2151.33 or	3302
2151.412 of the Revised Code, a completed form prescribed pursuant	3303
to division (C)(1) of this section, and a set of fingerprint	3304
impressions obtained in the manner described in division (C)(2) of	3305
this section, the superintendent of the bureau of criminal	3306
identification and investigation shall conduct a criminal records	3307
check with respect to any person for whom a criminal records check	3308
is required by that section. The superintendent shall conduct the	3309
criminal records check in the manner described in division (B) of	3310
this section to determine whether any information exists that	3311
indicates that the person who is the subject of the request	3312
previously has been convicted of or pleaded guilty to any of the	3313
following:	3314

(a) A violation of section 2903.01, 2903.02, 2903.03,	3315
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3316
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3317
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3318
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3319
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3320
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3321
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3322
2925.22, 2925.23, or 3716.11 of the Revised Code;	3323

(b) An existing or former law of this state, any other state,	3324
or the United States that is substantially equivalent to any of	3325
the offenses listed in division (A)(12)(a) of this section.	3326

(B) Subject to division (F) of this section, the	3327
superintendent shall conduct any criminal records check to be	3328
conducted under this section as follows:	3329

(1) The superintendent shall review or cause to be reviewed	3330
any relevant information gathered and compiled by the bureau under	3331
division (A) of section 109.57 of the Revised Code that relates to	3332
the person who is the subject of the criminal records check,	3333
including, if the criminal records check was requested under	3334
section 113.041, 121.08, 173.27, ~~173.394~~173.38, 1121.23, 1155.03,	3335
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	3336
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	3337
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	3338
5104.013, ~~5111.032~~5164.34, ~~5111.033~~5164.341, ~~5111.034~~5164.342,	3339
5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant	3340
information contained in records that have been sealed under	3341
section 2953.32 of the Revised Code;	3342

(2) If the request received by the superintendent asks for	3343
information from the federal bureau of investigation, the	3344
superintendent shall request from the federal bureau of	3345
investigation any information it has with respect to the person	3346
who is the subject of the criminal records check, including	3347
fingerprint-based checks of national crime information databases	3348
as described in 42 U.S.C. 671 if the request is made pursuant to	3349
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	3350
any other Revised Code section requires fingerprint-based checks	3351
of that nature, and shall review or cause to be reviewed any	3352
information the superintendent receives from that bureau. If a	3353
request under section 3319.39 of the Revised Code asks only for	3354
information from the federal bureau of investigation, the	3355
superintendent shall not conduct the review prescribed by division	3356
(B)(1) of this section.	3357

(3) The superintendent or the superintendent's designee may	3358
request criminal history records from other states or the federal	3359
government pursuant to the national crime prevention and privacy	3360
compact set forth in section 109.571 of the Revised Code.	3361

(4) The superintendent shall include in the results of the	3362
criminal records check a list or description of the offenses	3363
listed or described in division (A)(1), (2), (3), (4), (5), (6),	3364
(7), (8), (9), (10), (11), or (12) of this section, whichever	3365
division requires the superintendent to conduct the criminal	3366
records check. The superintendent shall exclude from the results	3367
any information the dissemination of which is prohibited by	3368
federal law.	3369

(5) The superintendent shall send the results of the criminal	3370
records check to the person to whom it is to be sent not later	3371
than the following number of days after the date the	3372
superintendent receives the request for the criminal records	3373
check, the completed form prescribed under division (C)(1) of this	3374
section, and the set of fingerprint impressions obtained in the	3375
manner described in division (C)(2) of this section:	3376

(a) If the superintendent is required by division (A) of this	3377
section (other than division (A)(3) of this section) to conduct	3378
the criminal records check, thirty;	3379

(b) If the superintendent is required by division (A)(3) of	3380
this section to conduct the criminal records check, sixty.	3381

(C)(1) The superintendent shall prescribe a form to obtain	3382
the information necessary to conduct a criminal records check from	3383
any person for whom a criminal records check is to be conducted	3384
under this section. The form that the superintendent prescribes	3385
pursuant to this division may be in a tangible format, in an	3386
electronic format, or in both tangible and electronic formats.	3387

(2) The superintendent shall prescribe standard impression	3388
sheets to obtain the fingerprint impressions of any person for	3389
whom a criminal records check is to be conducted under this	3390
section. Any person for whom a records check is to be conducted	3391
under this section shall obtain the fingerprint impressions at a	3392
county sheriff's office, municipal police department, or any other	3393
entity with the ability to make fingerprint impressions on the	3394
standard impression sheets prescribed by the superintendent. The	3395
office, department, or entity may charge the person a reasonable	3396
fee for making the impressions. The standard impression sheets the	3397
superintendent prescribes pursuant to this division may be in a	3398
tangible format, in an electronic format, or in both tangible and	3399
electronic formats.	3400

(3) Subject to division (D) of this section, the	3401
superintendent shall prescribe and charge a reasonable fee for	3402
providing a criminal records check under this section. The person	3403
requesting the criminal records check shall pay the fee prescribed	3404
pursuant to this division. In the case of a request under section	3405
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	3406
2151.412, or ~~5111.032~~5164.34 of the Revised Code, the fee shall	3407
be paid in the manner specified in that section.	3408

(4) The superintendent of the bureau of criminal	3409
identification and investigation may prescribe methods of	3410
forwarding fingerprint impressions and information necessary to	3411
conduct a criminal records check, which methods shall include, but	3412
not be limited to, an electronic method.	3413

(D) The results of a criminal records check conducted under	3414
this section, other than a criminal records check specified in	3415
division (A)(7) of this section, are valid for the person who is	3416
the subject of the criminal records check for a period of one year	3417
from the date upon which the superintendent completes the criminal	3418
records check. If during that period the superintendent receives	3419
another request for a criminal records check to be conducted under	3420
this section for that person, the superintendent shall provide the	3421
results from the previous criminal records check of the person at	3422
a lower fee than the fee prescribed for the initial criminal	3423
records check.	3424

(E) When the superintendent receives a request for	3425
information from a registered private provider, the superintendent	3426
shall proceed as if the request was received from a school	3427
district board of education under section 3319.39 of the Revised	3428
Code. The superintendent shall apply division (A)(1)(c) of this	3429
section to any such request for an applicant who is a teacher.	3430

(F)(1) All information regarding the results of a criminal	3431
records check conducted under this section that the superintendent	3432
reports or sends under division (A)(7) or (9) of this section to	3433
the director of public safety, the treasurer of state, or the	3434
person, board, or entity that made the request for the criminal	3435
records check shall relate to the conviction of the subject	3436
person, or the subject person's plea of guilty to, a criminal	3437
offense.	3438

(2) Division (F)(1) of this section does not limit, restrict,	3439
or preclude the superintendent's release of information that	3440
relates to an adjudication of a child as a delinquent child, or	3441
that relates to a criminal conviction of a person under eighteen	3442
years of age if the person's case was transferred back to a	3443
juvenile court under division (B)(2) or (3) of section 2152.121 of	3444
the Revised Code and the juvenile court imposed a disposition or	3445
serious youthful offender disposition upon the person under either	3446
division, if either of the following applies with respect to the	3447
adjudication or conviction:	3448

(a) The adjudication or conviction was for a violation of	3449
section 2903.01 or 2903.02 of the Revised Code.	3450

(b) The adjudication or conviction was for a sexually	3451
oriented offense, as defined in section 2950.01 of the Revised	3452
Code, the juvenile court was required to classify the child a	3453
juvenile offender registrant for that offense under section	3454
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3455
classification has not been removed.	3456

(G) As used in this section:

3457

(1) "Criminal records check" means any criminal records check	3458
conducted by the superintendent of the bureau of criminal	3459
identification and investigation in accordance with division (B)	3460
of this section.	3461

(2) "Minor drug possession offense" has the same meaning as	3462
in section 2925.01 of the Revised Code.	3463

(3) "OVI or OVUAC violation" means a violation of section	3464
4511.19 of the Revised Code or a violation of an existing or	3465
former law of this state, any other state, or the United States	3466
that is substantially equivalent to section 4511.19 of the Revised	3467
Code.	3468

(4) "Registered private provider" means a nonpublic school or	3469
entity registered with the superintendent of public instruction	3470
under section 3310.41 of the Revised Code to participate in the	3471
autism scholarship program or section 3310.58 of the Revised Code	3472
to participate in the Jon Peterson special needs scholarship	3473
program.	3474

Sec. 109.71. There is hereby created in the office of the	3475
attorney general the Ohio peace officer training commission. The	3476
commission shall consist of nine members appointed by the governor	3477
with the advice and consent of the senate and selected as follows:	3478
one member representing the public; two members who are incumbent	3479
sheriffs; two members who are incumbent chiefs of police; one	3480
member from the bureau of criminal identification and	3481
investigation; one member from the state highway patrol; one	3482
member who is the special agent in charge of a field office of the	3483
federal bureau of investigation in this state; and one member from	3484
the department of education, trade and industrial education	3485
services, law enforcement training.	3486

This section does not confer any arrest authority or any	3487
ability or authority to detain a person, write or issue any	3488
citation, or provide any disposition alternative, as granted under	3489
Chapter 2935. of the Revised Code.	3490

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

3491

(A) "Peace officer" means:

3492

(1) A deputy sheriff, marshal, deputy marshal, member of the	3493
organized police department of a township or municipal	3494
corporation, member of a township police district or joint police	3495
district police force, member of a police force employed by a	3496
metropolitan housing authority under division (D) of section	3497
3735.31 of the Revised Code, or township constable, who is	3498
commissioned and employed as a peace officer by a political	3499
subdivision of this state or by a metropolitan housing authority,	3500
and whose primary duties are to preserve the peace, to protect	3501
life and property, and to enforce the laws of this state,	3502
ordinances of a municipal corporation, resolutions of a township,	3503
or regulations of a board of county commissioners or board of	3504
township trustees, or any of those laws, ordinances, resolutions,	3505
or regulations;	3506

(2) A police officer who is employed by a railroad company	3507
and appointed and commissioned by the secretary of state pursuant	3508
to sections 4973.17 to 4973.22 of the Revised Code;	3509

(3) Employees of the department of taxation engaged in the	3510
enforcement of Chapter 5743. of the Revised Code and designated by	3511
the tax commissioner for peace officer training for purposes of	3512
the delegation of investigation powers under section 5743.45 of	3513
the Revised Code;	3514

(4) An undercover drug agent;

3515

(5) Enforcement agents of the department of public safety	3516
whom the director of public safety designates under section	3517
5502.14 of the Revised Code;	3518

(6) An employee of the department of natural resources who is	3519
a natural resources law enforcement staff officer designated	3520
pursuant to section 1501.013, a park officer designated pursuant	3521
to section 1541.10, a forest officer designated pursuant to	3522
section 1503.29, a preserve officer designated pursuant to section	3523
1517.10, a wildlife officer designated pursuant to section	3524
1531.13, or a state watercraft officer designated pursuant to	3525
section 1547.521 of the Revised Code;	3526

(7) An employee of a park district who is designated pursuant	3527
to section 511.232 or 1545.13 of the Revised Code;	3528

(8) An employee of a conservancy district who is designated	3529
pursuant to section 6101.75 of the Revised Code;	3530

(9) A police officer who is employed by a hospital that	3531
employs and maintains its own proprietary police department or	3532
security department, and who is appointed and commissioned by the	3533
secretary of state pursuant to sections 4973.17 to 4973.22 of the	3534
Revised Code;	3535

(10) Veterans' homes police officers designated under section	3536
5907.02 of the Revised Code;	3537

(11) A police officer who is employed by a qualified	3538
nonprofit corporation police department pursuant to section	3539
1702.80 of the Revised Code;	3540

(12) A state university law enforcement officer appointed	3541
under section 3345.04 of the Revised Code or a person serving as a	3542
state university law enforcement officer on a permanent basis on	3543
June 19, 1978, who has been awarded a certificate by the executive	3544
director of the Ohio peace officer training commission attesting	3545
to the person's satisfactory completion of an approved state,	3546
county, municipal, or department of natural resources peace	3547
officer basic training program;	3548

(13) A special police officer employed by the department of	3549
~~mental health~~mental health and addiction services pursuant to	3550
section ~~5119.14~~5119.08 of the Revised Code or the department of	3551
developmental disabilities pursuant to section 5123.13 of the	3552
Revised Code;	3553

(14) A member of a campus police department appointed under	3554
section 1713.50 of the Revised Code;	3555

(15) A member of a police force employed by a regional	3556
transit authority under division (Y) of section 306.35 of the	3557
Revised Code;	3558

(16) Investigators appointed by the auditor of state pursuant	3559
to section 117.091 of the Revised Code and engaged in the	3560
enforcement of Chapter 117. of the Revised Code;	3561

(17) A special police officer designated by the	3562
superintendent of the state highway patrol pursuant to section	3563
5503.09 of the Revised Code or a person who was serving as a	3564
special police officer pursuant to that section on a permanent	3565
basis on October 21, 1997, and who has been awarded a certificate	3566
by the executive director of the Ohio peace officer training	3567
commission attesting to the person's satisfactory completion of an	3568
approved state, county, municipal, or department of natural	3569
resources peace officer basic training program;	3570

(18) A special police officer employed by a port authority	3571
under section 4582.04 or 4582.28 of the Revised Code or a person	3572
serving as a special police officer employed by a port authority	3573
on a permanent basis on May 17, 2000, who has been awarded a	3574
certificate by the executive director of the Ohio peace officer	3575
training commission attesting to the person's satisfactory	3576
completion of an approved state, county, municipal, or department	3577
of natural resources peace officer basic training program;	3578

(19) A special police officer employed by a municipal	3579
corporation who has been awarded a certificate by the executive	3580
director of the Ohio peace officer training commission for	3581
satisfactory completion of an approved peace officer basic	3582
training program and who is employed on a permanent basis on or	3583
after March 19, 2003, at a municipal airport, or other municipal	3584
air navigation facility, that has scheduled operations, as defined	3585
in section 119.3 of Title 14 of the Code of Federal Regulations,	3586
14 C.F.R. 119.3, as amended, and that is required to be under a	3587
security program and is governed by aviation security rules of the	3588
transportation security administration of the United States	3589
department of transportation as provided in Parts 1542. and 1544.	3590
of Title 49 of the Code of Federal Regulations, as amended;	3591

(20) A police officer who is employed by an owner or operator	3592
of an amusement park that has an average yearly attendance in	3593
excess of six hundred thousand guests and that employs and	3594
maintains its own proprietary police department or security	3595
department, and who is appointed and commissioned by a judge of	3596
the appropriate municipal court or county court pursuant to	3597
section 4973.17 of the Revised Code;	3598

(21) A police officer who is employed by a bank, savings and	3599
loan association, savings bank, credit union, or association of	3600
banks, savings and loan associations, savings banks, or credit	3601
unions, who has been appointed and commissioned by the secretary	3602
of state pursuant to sections 4973.17 to 4973.22 of the Revised	3603
Code, and who has been awarded a certificate by the executive	3604
director of the Ohio peace officer training commission attesting	3605
to the person's satisfactory completion of a state, county,	3606
municipal, or department of natural resources peace officer basic	3607
training program;	3608

(22) An investigator, as defined in section 109.541 of the	3609
Revised Code, of the bureau of criminal identification and	3610
investigation who is commissioned by the superintendent of the	3611
bureau as a special agent for the purpose of assisting law	3612
enforcement officers or providing emergency assistance to peace	3613
officers pursuant to authority granted under that section;	3614

(23) A state fire marshal law enforcement officer appointed	3615
under section 3737.22 of the Revised Code or a person serving as a	3616
state fire marshal law enforcement officer on a permanent basis on	3617
or after July 1, 1982, who has been awarded a certificate by the	3618
executive director of the Ohio peace officer training commission	3619
attesting to the person's satisfactory completion of an approved	3620
state, county, municipal, or department of natural resources peace	3621
officer basic training program;	3622

(24) A gaming agent employed under section 3772.03 of the	3623
Revised Code.	3624

(25) A deputy inspector general appointed under section	3625
121.48 of the Revised Code who has been awarded a certificate by	3626
the executive director of the Ohio peace officer training	3627
commission attesting to the person's satisfactory completion of an	3628
approved state, county, or municipal peace officer basic training	3629
program.	3630

(B) "Undercover drug agent" has the same meaning as in	3631
division (B)(2) of section 109.79 of the Revised Code.	3632

(C) "Crisis intervention training" means training in the use	3633
of interpersonal and communication skills to most effectively and	3634
sensitively interview victims of rape.	3635

(D) "Missing children" has the same meaning as in section	3636
2901.30 of the Revised Code.	3637

Sec. 109.746. (A) The attorney general may prepare public	3638
awareness programs that are designed to educate potential victims	3639
of violations of section 2905.32 of the Revised Code and their	3640
families of the risks of becoming a victim of a violation of that	3641
section. The attorney general may prepare these programs with	3642
assistance from the department of health, the department of ~~mental~~	3643
~~health~~mental health and addiction services, the department of job	3644
and family services~~, the department of alcohol and drug addiction~~	3645
~~services~~, and the department of education.	3646

(B) Any organization, person, or other governmental agency	3647
with an interest and expertise in trafficking in persons may	3648
submit information or materials to the attorney general regarding	3649
the preparation of the programs and materials permitted under this	3650
section. The attorney general, in developing the programs and	3651
materials permitted by this section, shall consider any	3652
information submitted pursuant to this division.	3653

Sec. 109.77. (A) As used in this section, "felony" has the	3654
same meaning as in section 109.511 of the Revised Code.	3655

(B)(1) Notwithstanding any general, special, or local law or	3656
charter to the contrary, and except as otherwise provided in this	3657
section, no person shall receive an original appointment on a	3658
permanent basis as any of the following unless the person	3659
previously has been awarded a certificate by the executive	3660
director of the Ohio peace officer training commission attesting	3661
to the person's satisfactory completion of an approved state,	3662
county, municipal, or department of natural resources peace	3663
officer basic training program:	3664

(a) A peace officer of any county, township, municipal	3665
corporation, regional transit authority, or metropolitan housing	3666
authority;	3667

(b) A natural resources law enforcement staff officer, park	3668
officer, forest officer, preserve officer, wildlife officer, or	3669
state watercraft officer of the department of natural resources;	3670

(c) An employee of a park district under section 511.232 or	3671
1545.13 of the Revised Code;	3672

(d) An employee of a conservancy district who is designated	3673
pursuant to section 6101.75 of the Revised Code;	3674

(e) A state university law enforcement officer;

3675

(f) A special police officer employed by the department of	3676
~~mental health~~mental health and addiction services pursuant to	3677
section ~~5119.14~~5119.08 of the Revised Code or the department of	3678
developmental disabilities pursuant to section 5123.13 of the	3679
Revised Code;	3680

(g) An enforcement agent of the department of public safety	3681
whom the director of public safety designates under section	3682
5502.14 of the Revised Code;	3683

(h) A special police officer employed by a port authority	3684
under section 4582.04 or 4582.28 of the Revised Code;	3685

(i) A special police officer employed by a municipal	3686
corporation at a municipal airport, or other municipal air	3687
navigation facility, that has scheduled operations, as defined in	3688
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3689
C.F.R. 119.3, as amended, and that is required to be under a	3690
security program and is governed by aviation security rules of the	3691
transportation security administration of the United States	3692
department of transportation as provided in Parts 1542. and 1544.	3693
of Title 49 of the Code of Federal Regulations, as amended;	3694

(j) A gaming agent employed under section 3772.03 of the	3695
Revised Code.	3696

(2) Every person who is appointed on a temporary basis or for	3697
a probationary term or on other than a permanent basis as any of	3698
the following shall forfeit the appointed position unless the	3699
person previously has completed satisfactorily or, within the time	3700
prescribed by rules adopted by the attorney general pursuant to	3701
section 109.74 of the Revised Code, satisfactorily completes a	3702
state, county, municipal, or department of natural resources peace	3703
officer basic training program for temporary or probationary	3704
officers and is awarded a certificate by the director attesting to	3705
the satisfactory completion of the program:	3706

(a) A peace officer of any county, township, municipal	3707
corporation, regional transit authority, or metropolitan housing	3708
authority;	3709

(b) A natural resources law enforcement staff officer, park	3710
officer, forest officer, preserve officer, wildlife officer, or	3711
state watercraft officer of the department of natural resources;	3712

(c) An employee of a park district under section 511.232 or	3713
1545.13 of the Revised Code;	3714

(d) An employee of a conservancy district who is designated	3715
pursuant to section 6101.75 of the Revised Code;	3716

(e) A special police officer employed by the department of	3717
~~mental health~~mental health and addiction services pursuant to	3718
section ~~5119.14~~5119.08 of the Revised Code or the department of	3719
developmental disabilities pursuant to section 5123.13 of the	3720
Revised Code;	3721

(f) An enforcement agent of the department of public safety	3722
whom the director of public safety designates under section	3723
5502.14 of the Revised Code;	3724

(g) A special police officer employed by a port authority	3725
under section 4582.04 or 4582.28 of the Revised Code;	3726

(h) A special police officer employed by a municipal	3727
corporation at a municipal airport, or other municipal air	3728
navigation facility, that has scheduled operations, as defined in	3729
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3730
C.F.R. 119.3, as amended, and that is required to be under a	3731
security program and is governed by aviation security rules of the	3732
transportation security administration of the United States	3733
department of transportation as provided in Parts 1542. and 1544.	3734
of Title 49 of the Code of Federal Regulations, as amended.	3735

(3) For purposes of division (B) of this section, a state,	3736
county, municipal, or department of natural resources peace	3737
officer basic training program, regardless of whether the program	3738
is to be completed by peace officers appointed on a permanent or	3739
temporary, probationary, or other nonpermanent basis, shall	3740
include training in the handling of the offense of domestic	3741
violence, other types of domestic violence-related offenses and	3742
incidents, and protection orders and consent agreements issued or	3743
approved under section 2919.26 or 3113.31 of the Revised Code and	3744
crisis intervention training. The requirement to complete training	3745
in the handling of the offense of domestic violence, other types	3746
of domestic violence-related offenses and incidents, and	3747
protection orders and consent agreements issued or approved under	3748
section 2919.26 or 3113.31 of the Revised Code does not apply to	3749
any person serving as a peace officer on March 27, 1979, and the	3750
requirement to complete training in crisis intervention does not	3751
apply to any person serving as a peace officer on April 4, 1985.	3752
Any person who is serving as a peace officer on April 4, 1985, who	3753
terminates that employment after that date, and who subsequently	3754
is hired as a peace officer by the same or another law enforcement	3755
agency shall complete training in crisis intervention as	3756
prescribed by rules adopted by the attorney general pursuant to	3757
section 109.742 of the Revised Code. No peace officer shall have	3758
employment as a peace officer terminated and then be reinstated	3759
with intent to circumvent this section.	3760

(4) Division (B) of this section does not apply to any person	3761
serving on a permanent basis on March 28, 1985, as a park officer,	3762
forest officer, preserve officer, wildlife officer, or state	3763
watercraft officer of the department of natural resources or as an	3764
employee of a park district under section 511.232 or 1545.13 of	3765
the Revised Code, to any person serving on a permanent basis on	3766
March 6, 1986, as an employee of a conservancy district designated	3767
pursuant to section 6101.75 of the Revised Code, to any person	3768
serving on a permanent basis on January 10, 1991, as a preserve	3769
officer of the department of natural resources, to any person	3770
employed on a permanent basis on July 2, 1992, as a special police	3771
officer by the department of ~~mental health~~mental health and	3772
addiction services pursuant to section ~~5119.14~~5119.08 of the	3773
Revised Code or by the department of developmental disabilities	3774
pursuant to section 5123.13 of the Revised Code, to any person	3775
serving on a permanent basis on May 17, 2000, as a special police	3776
officer employed by a port authority under section 4582.04 or	3777
4582.28 of the Revised Code, to any person serving on a permanent	3778
basis on March 19, 2003, as a special police officer employed by a	3779
municipal corporation at a municipal airport or other municipal	3780
air navigation facility described in division (A)(19) of section	3781
109.71 of the Revised Code, to any person serving on a permanent	3782
basis on June 19, 1978, as a state university law enforcement	3783
officer pursuant to section 3345.04 of the Revised Code and who,	3784
immediately prior to June 19, 1978, was serving as a special	3785
police officer designated under authority of that section, or to	3786
any person serving on a permanent basis on September 20, 1984, as	3787
a liquor control investigator, known after June 30, 1999, as an	3788
enforcement agent of the department of public safety, engaged in	3789
the enforcement of Chapters 4301. and 4303. of the Revised Code.	3790

(5) Division (B) of this section does not apply to any person	3791
who is appointed as a regional transit authority police officer	3792
pursuant to division (Y) of section 306.35 of the Revised Code if,	3793
on or before July 1, 1996, the person has completed satisfactorily	3794
an approved state, county, municipal, or department of natural	3795
resources peace officer basic training program and has been	3796
awarded a certificate by the executive director of the Ohio peace	3797
officer training commission attesting to the person's satisfactory	3798
completion of such an approved program and if, on July 1, 1996,	3799
the person is performing peace officer functions for a regional	3800
transit authority.	3801

(C) No person, after September 20, 1984, shall receive an	3802
original appointment on a permanent basis as a veterans' home	3803
police officer designated under section 5907.02 of the Revised	3804
Code unless the person previously has been awarded a certificate	3805
by the executive director of the Ohio peace officer training	3806
commission attesting to the person's satisfactory completion of an	3807
approved police officer basic training program. Every person who	3808
is appointed on a temporary basis or for a probationary term or on	3809
other than a permanent basis as a veterans' home police officer	3810
designated under section 5907.02 of the Revised Code shall forfeit	3811
that position unless the person previously has completed	3812
satisfactorily or, within one year from the time of appointment,	3813
satisfactorily completes an approved police officer basic training	3814
program.	3815

(D) No bailiff or deputy bailiff of a court of record of this	3816
state and no criminal investigator who is employed by the state	3817
public defender shall carry a firearm, as defined in section	3818
2923.11 of the Revised Code, while on duty unless the bailiff,	3819
deputy bailiff, or criminal investigator has done or received one	3820
of the following:	3821

(1) Has been awarded a certificate by the executive director	3822
of the Ohio peace officer training commission, which certificate	3823
attests to satisfactory completion of an approved state, county,	3824
or municipal basic training program for bailiffs and deputy	3825
bailiffs of courts of record and for criminal investigators	3826
employed by the state public defender that has been recommended by	3827
the Ohio peace officer training commission;	3828

(2) Has successfully completed a firearms training program	3829
approved by the Ohio peace officer training commission prior to	3830
employment as a bailiff, deputy bailiff, or criminal investigator;	3831

(3) Prior to June 6, 1986, was authorized to carry a firearm	3832
by the court that employed the bailiff or deputy bailiff or, in	3833
the case of a criminal investigator, by the state public defender	3834
and has received training in the use of firearms that the Ohio	3835
peace officer training commission determines is equivalent to the	3836
training that otherwise is required by division (D) of this	3837
section.	3838

(E)(1) Before a person seeking a certificate completes an	3839
approved peace officer basic training program, the executive	3840
director of the Ohio peace officer training commission shall	3841
request the person to disclose, and the person shall disclose, any	3842
previous criminal conviction of or plea of guilty of that person	3843
to a felony.	3844

(2) Before a person seeking a certificate completes an	3845
approved peace officer basic training program, the executive	3846
director shall request a criminal history records check on the	3847
person. The executive director shall submit the person's	3848
fingerprints to the bureau of criminal identification and	3849
investigation, which shall submit the fingerprints to the federal	3850
bureau of investigation for a national criminal history records	3851
check.	3852

Upon receipt of the executive director's request, the bureau	3853
of criminal identification and investigation and the federal	3854
bureau of investigation shall conduct a criminal history records	3855
check on the person and, upon completion of the check, shall	3856
provide a copy of the criminal history records check to the	3857
executive director. The executive director shall not award any	3858
certificate prescribed in this section unless the executive	3859
director has received a copy of the criminal history records check	3860
on the person to whom the certificate is to be awarded.	3861

(3) The executive director of the commission shall not award	3862
a certificate prescribed in this section to a person who has been	3863
convicted of or has pleaded guilty to a felony or who fails to	3864
disclose any previous criminal conviction of or plea of guilty to	3865
a felony as required under division (E)(1) of this section.	3866

(4) The executive director of the commission shall revoke the	3867
certificate awarded to a person as prescribed in this section, and	3868
that person shall forfeit all of the benefits derived from being	3869
certified as a peace officer under this section, if the person,	3870
before completion of an approved peace officer basic training	3871
program, failed to disclose any previous criminal conviction of or	3872
plea of guilty to a felony as required under division (E)(1) of	3873
this section.	3874

(F)(1) Regardless of whether the person has been awarded the	3875
certificate or has been classified as a peace officer prior to,	3876
on, or after October 16, 1996, the executive director of the Ohio	3877
peace officer training commission shall revoke any certificate	3878
that has been awarded to a person as prescribed in this section if	3879
the person does either of the following:	3880

(a) Pleads guilty to a felony committed on or after January	3881
1, 1997;	3882

(b) Pleads guilty to a misdemeanor committed on or after	3883
January 1, 1997, pursuant to a negotiated plea agreement as	3884
provided in division (D) of section 2929.43 of the Revised Code in	3885
which the person agrees to surrender the certificate awarded to	3886
the person under this section.	3887

(2) The executive director of the commission shall suspend	3888
any certificate that has been awarded to a person as prescribed in	3889
this section if the person is convicted, after trial, of a felony	3890
committed on or after January 1, 1997. The executive director	3891
shall suspend the certificate pursuant to division (F)(2) of this	3892
section pending the outcome of an appeal by the person from that	3893
conviction to the highest court to which the appeal is taken or	3894
until the expiration of the period in which an appeal is required	3895
to be filed. If the person files an appeal that results in that	3896
person's acquittal of the felony or conviction of a misdemeanor,	3897
or in the dismissal of the felony charge against that person, the	3898
executive director shall reinstate the certificate awarded to the	3899
person under this section. If the person files an appeal from that	3900
person's conviction of the felony and the conviction is upheld by	3901
the highest court to which the appeal is taken or if the person	3902
does not file a timely appeal, the executive director shall revoke	3903
the certificate awarded to the person under this section.	3904

(G)(1) If a person is awarded a certificate under this	3905
section and the certificate is revoked pursuant to division (E)(4)	3906
or (F) of this section, the person shall not be eligible to	3907
receive, at any time, a certificate attesting to the person's	3908
satisfactory completion of a peace officer basic training program.	3909

(2) The revocation or suspension of a certificate under	3910
division (E)(4) or (F) of this section shall be in accordance with	3911
Chapter 119. of the Revised Code.	3912

(H)(1) A person who was employed as a peace officer of a	3913
county, township, or municipal corporation of the state on January	3914
1, 1966, and who has completed at least sixteen years of full-time	3915
active service as such a peace officer, or equivalent service as	3916
determined by the executive director of the Ohio peace officer	3917
training commission, may receive an original appointment on a	3918
permanent basis and serve as a peace officer of a county,	3919
township, or municipal corporation, or as a state university law	3920
enforcement officer, without complying with the requirements of	3921
division (B) of this section.	3922

(2) Any person who held an appointment as a state highway	3923
trooper on January 1, 1966, may receive an original appointment on	3924
a permanent basis and serve as a peace officer of a county,	3925
township, or municipal corporation, or as a state university law	3926
enforcement officer, without complying with the requirements of	3927
division (B) of this section.	3928

(I) No person who is appointed as a peace officer of a	3929
county, township, or municipal corporation on or after April 9,	3930
1985, shall serve as a peace officer of that county, township, or	3931
municipal corporation unless the person has received training in	3932
the handling of missing children and child abuse and neglect cases	3933
from an approved state, county, township, or municipal police	3934
officer basic training program or receives the training within the	3935
time prescribed by rules adopted by the attorney general pursuant	3936
to section 109.741 of the Revised Code.	3937

(J) No part of any approved state, county, or municipal basic	3938
training program for bailiffs and deputy bailiffs of courts of	3939
record and no part of any approved state, county, or municipal	3940
basic training program for criminal investigators employed by the	3941
state public defender shall be used as credit toward the	3942
completion by a peace officer of any part of the approved state,	3943
county, or municipal peace officer basic training program that the	3944
peace officer is required by this section to complete	3945
satisfactorily.	3946

(K) This section does not apply to any member of the police	3947
department of a municipal corporation in an adjoining state	3948
serving in this state under a contract pursuant to section 737.04	3949
of the Revised Code.	3950

Sec. 109.85. (A) Upon the written request of the governor,	3951
the general assembly, the auditor of state, the medicaid director	3952
~~of job and family services~~, the director of health, or the	3953
director of budget and management, or upon the attorney general's	3954
becoming aware of criminal or improper activity related to Chapter	3955
3721. and the ~~medical assistance~~medicaid program ~~established~~	3956
~~under section 5111.01 of the Revised Code~~, the attorney general	3957
shall investigate any criminal or civil violation of law related	3958
to Chapter 3721. of the Revised Code or the ~~medical assistance~~	3959
medicaid program.	3960

(B) When it appears to the attorney general, as a result of	3961
an investigation under division (A) of this section, that there is	3962
cause to prosecute for the commission of a crime or to pursue a	3963
civil remedy, the attorney general may refer the evidence to the	3964
prosecuting attorney having jurisdiction of the matter, or to a	3965
regular grand jury drawn and impaneled pursuant to sections	3966
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	3967
drawn and impaneled pursuant to section 2939.17 of the Revised	3968
Code, or the attorney general may initiate and prosecute any	3969
necessary criminal or civil actions in any court or tribunal of	3970
competent jurisdiction in this state. When proceeding under this	3971
section, the attorney general, and any assistant or special	3972
counsel designated by the attorney general for that purpose, have	3973
all rights, privileges, and powers of prosecuting attorneys. The	3974
attorney general shall have exclusive supervision and control of	3975
all investigations and prosecutions initiated by the attorney	3976
general under this section. The forfeiture provisions of Chapter	3977
2981. of the Revised Code apply in relation to any such criminal	3978
action initiated and prosecuted by the attorney general.	3979

(C) Nothing in this section shall prevent a county	3980
prosecuting attorney from investigating and prosecuting criminal	3981
activity related to Chapter 3721. of the Revised Code and the	3982
~~medical assistance~~medicaid program ~~established under section~~	3983
~~5111.01 of the Revised Code~~. The forfeiture provisions of Chapter	3984
2981. of the Revised Code apply in relation to any prosecution of	3985
criminal activity related to the ~~medical assistance~~medicaid	3986
program undertaken by the prosecuting attorney.	3987

Sec. 109.86. (A) The attorney general shall investigate any	3988
activity the attorney general has reasonable cause to believe is	3989
in violation of section 2903.34 of the Revised Code. Upon written	3990
request of the governor, the general assembly, the auditor of	3991
state, or the director of health, job and family services, aging,	3992
~~mental health~~mental health and addiction services, or	3993
developmental disabilities, the attorney general shall investigate	3994
any activity these persons believe is in violation of section	3995
2903.34 of the Revised Code. If after an investigation the	3996
attorney general has probable cause to prosecute for the	3997
commission of a crime, the attorney general shall refer the	3998
evidence to the prosecuting attorney, director of law, or other	3999
similar chief legal officer having jurisdiction over the matter.	4000
If the prosecuting attorney decides to present the evidence to a	4001
grand jury, the prosecuting attorney shall notify the attorney	4002
general in writing of the decision within thirty days after	4003
referral of the matter and shall present the evidence prior to the	4004
discharge of the next regular grand jury. If the director of law	4005
or other chief legal officer decides to prosecute the case, the	4006
director or officer shall notify the attorney general in writing	4007
of the decision within thirty days and shall initiate prosecution	4008
within sixty days after the matter was referred to the director or	4009
officer.	4010

(B) If the prosecuting attorney, director of law, or other	4011
chief legal officer fails to notify the attorney general or to	4012
present evidence or initiate prosecution in accordance with	4013
division (A) of this section, the attorney general may present the	4014
evidence to a regular grand jury drawn and impaneled pursuant to	4015
sections 2939.01 to 2939.24 of the Revised Code, or to a special	4016
grand jury drawn and impaneled pursuant to section 2939.17 of the	4017
Revised Code, or the attorney general may initiate and prosecute	4018
any action in any court or tribunal of competent jurisdiction in	4019
this state. The attorney general, and any assistant or special	4020
counsel designated by the attorney general, have all the powers of	4021
a prosecuting attorney, director of law, or other chief legal	4022
officer when proceeding under this section. Nothing in this	4023
section shall limit or prevent a prosecuting attorney, director of	4024
law, or other chief legal officer from investigating and	4025
prosecuting criminal activity committed against a resident or	4026
patient of a care facility.	4027

Sec. 109.90. (A) The attorney general shall collaborate with	4028
the state board of pharmacy and director of ~~alcohol and drug~~	4029
~~addiction services~~mental health and addiction services in the	4030
establishment and administration of a drug take-back program, as	4031
provided under section 4729.69 of the Revised Code. The office of	4032
the attorney general is solely responsible for the costs incurred	4033
in the establishment and administration of the program.	4034

(B) The attorney general may accept grants, gifts, or	4035
donations for purposes of the program. Money received under this	4036
division or section ~~3793.22~~5119.49 or 4729.69 of the Revised Code	4037
shall be deposited into the state treasury to the credit of the	4038
drug take-back program fund, which is hereby created. Money	4039
credited to the fund shall be used solely for purposes of the	4040
program.	4041

Sec. 111.02. Before entering upon the discharge of the	4042
duties of ~~his~~ office, the secretary of state shall give a bond to	4043
the state in the sum of one hundred thousand dollars, with ~~two or~~	4044
~~more sureties approved by the governor, auditor of state, and~~	4045
~~attorney general~~a surety authorized to do business in the state,	4046
conditioned for the faithful discharge of the duties of ~~his~~the	4047
office of secretary of state. The bond~~, with the approval of the~~	4048
~~proper officials~~ and the oath of office ~~indorsed thereon,~~ shall be	4049
deposited with and kept by the director of administrative services	4050
~~and kept~~ in ~~his~~the director's office.	4051

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

4052

(1) "Rule" includes any rule, regulation, bylaw, or standard	4053
having a general and uniform operation adopted by an agency under	4054
the authority of the laws governing the agency; any appendix to a	4055
rule; and any internal management rule. "Rule" does not include	4056
any guideline adopted pursuant to section 3301.0714 of the Revised	4057
Code, any order respecting the duties of employees, any finding,	4058
any determination of a question of law or fact in a matter	4059
presented to an agency, or any rule promulgated pursuant to	4060
Chapter 119., section 4141.14, division (C)(1) or (2) of section	4061
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	4062
any amendment or rescission of a rule.	4063

(2) "Agency" means any governmental entity of the state and	4064
includes, but is not limited to, any board, department, division,	4065
commission, bureau, society, council, institution, state college	4066
or university, community college district, technical college	4067
district, or state community college. "Agency" does not include	4068
the general assembly, the controlling board, the adjutant	4069
general's department, or any court.	4070

(3) "Internal management rule" means any rule, regulation,	4071
bylaw, or standard governing the day-to-day staff procedures and	4072
operations within an agency.	4073

(4) "Substantive revision" has the same meaning as in	4074
division (J) of section 119.01 of the Revised Code.	4075

(B)(1) Any rule, other than a rule of an emergency nature,	4076
adopted by any agency pursuant to this section shall be effective	4077
on the tenth day after the day on which the rule in final form and	4078
in compliance with division (B)(3) of this section is filed as	4079
follows:	4080

(a) The rule shall be filed in electronic form with both the	4081
secretary of state and the director of the legislative service	4082
commission;	4083

(b) The rule shall be filed in electronic form with the joint	4084
committee on agency rule review. Division (B)(1)(b) of this	4085
section does not apply to any rule to which division (D) of this	4086
section does not apply.	4087

An agency that adopts or amends a rule that is subject to	4088
division (D) of this section shall assign a review date to the	4089
rule that is not later than five years after its effective date.	4090
If no review date is assigned to a rule, or if a review date	4091
assigned to a rule exceeds the five-year maximum, the review date	4092
for the rule is five years after its effective date. A rule with a	4093
review date is subject to review under section 119.032 of the	4094
Revised Code. This paragraph does not apply to a rule of a state	4095
college or university, community college district, technical	4096
college district, or state community college.	4097

If all filings are not completed on the same day, the rule	4098
shall be effective on the tenth day after the day on which the	4099
latest filing is completed. If an agency in adopting a rule	4100
designates an effective date that is later than the effective date	4101
provided for by division (B)(1) of this section, the rule if filed	4102
as required by such division shall become effective on the later	4103
date designated by the agency.	4104

Any rule that is required to be filed under division (B)(1)	4105
of this section is also subject to division (D) of this section if	4106
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	4107
(8) of this section.	4108

If a rule incorporates a text or other material by reference,	4109
the agency shall comply with sections 121.71 to 121.76 of the	4110
Revised Code.	4111

(2) A rule of an emergency nature necessary for the immediate	4112
preservation of the public peace, health, or safety shall state	4113
the reasons for the necessity. The emergency rule, in final form	4114
and in compliance with division (B)(3) of this section, shall be	4115
filed in electronic form with the secretary of state, the director	4116
of the legislative service commission, and the joint committee on	4117
agency rule review. The emergency rule is effective immediately	4118
upon completion of the latest filing, except that if the agency in	4119
adopting the emergency rule designates an effective date, or date	4120
and time of day, that is later than the effective date and time	4121
provided for by division (B)(2) of this section, the emergency	4122
rule if filed as required by such division shall become effective	4123
at the later date, or later date and time of day, designated by	4124
the agency.	4125

An emergency rule becomes invalid at the end of the ninetieth	4126
day it is in effect. Prior to that date, the agency may file the	4127
emergency rule as a nonemergency rule in compliance with division	4128
(B)(1) of this section. The agency may not refile the emergency	4129
rule in compliance with division (B)(2) of this section so that,	4130
upon the emergency rule becoming invalid under such division, the	4131
emergency rule will continue in effect without interruption for	4132
another ninety-day period.	4133

(3) An agency shall file a rule under division (B)(1) or (2)	4134
of this section in compliance with the following standards and	4135
procedures:	4136

(a) The rule shall be numbered in accordance with the	4137
numbering system devised by the director for the Ohio	4138
administrative code.	4139

(b) The rule shall be prepared and submitted in compliance	4140
with the rules of the legislative service commission.	4141

(c) The rule shall clearly state the date on which it is to	4142
be effective and the date on which it will expire, if known.	4143

(d) Each rule that amends or rescinds another rule shall	4144
clearly refer to the rule that is amended or rescinded. Each	4145
amendment shall fully restate the rule as amended.	4146

If the director of the legislative service commission or the	4147
director's designee gives an agency notice pursuant to section	4148
103.05 of the Revised Code that a rule filed by the agency is not	4149
in compliance with the rules of the legislative service	4150
commission, the agency shall within thirty days after receipt of	4151
the notice conform the rule to the rules of the commission as	4152
directed in the notice.	4153

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	4154
of this section shall be recorded by the secretary of state and	4155
the director under the title of the agency adopting the rule and	4156
shall be numbered according to the numbering system devised by the	4157
director. The secretary of state and the director shall preserve	4158
the rules in an accessible manner. Each such rule shall be a	4159
public record open to public inspection and may be transmitted to	4160
any law publishing company that wishes to reproduce it.	4161

(D) At least sixty-five days before a board, commission,	4162
department, division, or bureau of the government of the state	4163
files a rule under division (B)(1) of this section, it shall file	4164
the full text of the proposed rule in electronic form with the	4165
joint committee on agency rule review, and the proposed rule is	4166
subject to legislative review and invalidation under division (I)	4167
of section 119.03 of the Revised Code. If a state board,	4168
commission, department, division, or bureau makes a substantive	4169
revision in a proposed rule after it is filed with the joint	4170
committee, the state board, commission, department, division, or	4171
bureau shall promptly file the full text of the proposed rule in	4172
its revised form in electronic form with the joint committee. The	4173
latest version of a proposed rule as filed with the joint	4174
committee supersedes each earlier version of the text of the same	4175
proposed rule. ~~Except as provided in division (F) of this section,~~	4176
aA state board, commission, department, division, or bureau shall	4177
also file the rule summary and fiscal analysis prepared under	4178
section 127.18 of the Revised Code in electronic form along with a	4179
proposed rule, and along with a proposed rule in revised form,	4180
that is filed under this division. If a proposed rule has an	4181
adverse impact on businesses, the state board, commission,	4182
department, division, or bureau also shall file the business	4183
impact analysis, any recommendations received from the common	4184
sense initiative office, and the associated memorandum of	4185
response, if any, in electronic form along with the proposed rule,	4186
or the proposed rule in revised form, that is filed under this	4187
division.	4188

As used in this division, "commission" includes the public	4189
utilities commission when adopting rules under a federal or state	4190
statute.	4191

This division does not apply to any of the following:

4192

(1) A proposed rule of an emergency nature;

4193

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	4194
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	4195
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	4196
Code;	4197

(3) A rule proposed by an agency other than a board,	4198
commission, department, division, or bureau of the government of	4199
the state;	4200

(4) A proposed internal management rule of a board,	4201
commission, department, division, or bureau of the government of	4202
the state;	4203

(5) Any proposed rule that must be adopted verbatim by an	4204
agency pursuant to federal law or rule, to become effective within	4205
sixty days of adoption, in order to continue the operation of a	4206
federally reimbursed program in this state, so long as the	4207
proposed rule contains both of the following:	4208

(a) A statement that it is proposed for the purpose of	4209
complying with a federal law or rule;	4210

(b) A citation to the federal law or rule that requires	4211
verbatim compliance.	4212

(6) An initial rule proposed by the director of health to	4213
impose safety standards and quality-of-care standards with respect	4214
to a health service specified in section 3702.11 of the Revised	4215
Code, or an initial rule proposed by the director to impose	4216
quality standards on a facility listed in division (A)(4) of	4217
section 3702.30 of the Revised Code, if section 3702.12 of the	4218
Revised Code requires that the rule be adopted under this section;	4219

(7) A rule of the state lottery commission pertaining to	4220
instant game rules.	4221

If a rule is exempt from legislative review under division	4222
(D)(5) of this section, and if the federal law or rule pursuant to	4223
which the rule was adopted expires, is repealed or rescinded, or	4224
otherwise terminates, the rule is thereafter subject to	4225
legislative review under division (D) of this section.	4226

(E) Whenever a state board, commission, department, division,	4227
or bureau files a proposed rule or a proposed rule in revised form	4228
under division (D) of this section, it shall also file the full	4229
text of the same proposed rule or proposed rule in revised form in	4230
electronic form with the secretary of state and the director of	4231
the legislative service commission. ~~Except as provided in division~~	4232
~~(F) of this section, a~~A state board, commission, department,	4233
division, or bureau shall file the rule summary and fiscal	4234
analysis prepared under section 127.18 of the Revised Code in	4235
electronic form along with a proposed rule or proposed rule in	4236
revised form that is filed with the secretary of state or the	4237
director of the legislative service commission.	4238

~~(F) Except as otherwise provided in this division, the~~	4239
~~auditor of state or the auditor of state's designee is not~~	4240
~~required to file a rule summary and fiscal analysis along with a~~	4241
~~proposed rule, or proposed rule in revised form, that the auditor~~	4242
~~of state proposes under section 117.12, 117.19, 117.38, or 117.43~~	4243
~~of the Revised Code and files under division (D) or (E) of this~~	4244
~~section.~~	4245

Sec. 111.28. (A) There is hereby created in the state	4246
treasury the help America vote act (HAVA) fund. All moneys	4247
received by the secretary of state from the United States election	4248
assistance commission shall be credited to the fund. The secretary	4249
of state shall use the moneys credited to the fund for activities	4250
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4251
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4252
shall be credited to the fund.	4253

(B) There is hereby created in the state treasury the	4254
election reform/health and human services fund. All moneys	4255
received by the secretary of state from the United States	4256
department of health and human services shall be credited to the	4257
fund. The secretary of state shall use the moneys credited to the	4258
fund for activities conducted pursuant to grants awarded to the	4259
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4260
America Vote Act of 2002 to assure access for individuals with	4261
disabilities. All investment earnings of the fund shall be	4262
credited to the fund.	4263

(C) There is hereby created in the state treasury the	4264
miscellaneous federal grants fund. All moneys the secretary of	4265
state receives as grants from federal sources that are not	4266
otherwise designated shall be credited to the fund. The secretary	4267
of state shall use the moneys credited to the fund for the	4268
purposes and activities required by the applicable federal grant	4269
agreements. All investment earnings of the fund shall be credited	4270
to the fund.	4271

Sec. 113.02. Before entering upon the discharge of the	4272
duties of ~~his~~ office, the treasurer of state shall give a bond to	4273
the state in the sum of one million dollars, with ~~sureties~~	4274
~~approved by the governor~~a surety authorized to do business in the	4275
state, conditioned for the faithful discharge of the duties of ~~his~~	4276
the office of treasurer of state. The bond~~, with the approval of~~	4277
~~the governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4278
deposited with and kept by the secretary of state ~~and kept~~ in ~~his~~	4279
the secretary of state's office.	4280

Sec. 113.061. The treasurer of state shall adopt rules in	4281
accordance with Chapter 119. of the Revised Code governing the	4282
remittance of taxes by electronic funds transfer as required under	4283
sections 5726.03, 5727.311, 5727.83, 5733.022, 5735.062, 5739.032,	4284
5745.04, ~~and~~ 5747.072, 5749.06, and 5751.07 of the Revised Code	4285
and any other section of the Revised Code under which a person is	4286
required to remit taxes by electronic funds transfer. The rules	4287
shall govern the modes of electronic funds transfer acceptable to	4288
the treasurer of state and under what circumstances each mode is	4289
acceptable, the content and format of electronic funds transfers,	4290
the coordination of payment by electronic funds transfer and	4291
filing of associated tax reports and returns, the remittance of	4292
taxes by means other than electronic funds transfer by persons	4293
otherwise required to do so but relieved of the requirement by the	4294
treasurer of state, and any other matter that in the opinion of	4295
the treasurer of state facilitates payment by electronic funds	4296
transfer in a manner consistent with those sections.	4297

Upon failure by a person, if so required, to remit taxes by	4298
electronic funds transfer in the manner prescribed under section	4299
5726.03, 5727.83, 5733.022, 5735.062, 5739.032, 5745.04, or	4300
5747.072, 5749.06, or 5751.07 of the Revised Code and rules	4301
adopted under this section, the treasurer of state shall notify	4302
the tax commissioner of such failure if the treasurer of state	4303
determines that such failure was not due to reasonable cause or	4304
was due to willful neglect, and shall provide the tax commissioner	4305
with any information used in making that determination. The tax	4306
commissioner may assess an additional charge as specified in the	4307
respective section of the Revised Code governing the requirement	4308
to remit taxes by electronic funds transfer.	4309

The treasurer of state may implement means of acknowledging,	4310
upon the request of a taxpayer, receipt of tax remittances made by	4311
electronic funds transfer, and may adopt rules governing	4312
acknowledgments. The cost of acknowledging receipt of electronic	4313
remittances shall be paid by the person requesting acknowledgment.	4314

The treasurer of state, not the tax commissioner, is	4315
responsible for resolving any problems involving electronic funds	4316
transfer transmissions.	4317

Sec. 117.03. Before entering upon the discharge of the	4318
duties of ~~his~~ office, the auditor of state shall give a bond to	4319
the state in the sum of twenty thousand dollars, with a surety	4320
~~approved by the governor~~authorized to do business in the state,	4321
conditioned for the faithful discharge of the duties of ~~his~~the	4322
office of auditor of state. The bond~~, with the approval of the~~	4323
~~governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4324
deposited with and kept by the secretary of state and kept in ~~his~~	4325
the secretary of state's office.	4326

Sec. 117.10. The auditor of state shall audit all public	4327
offices as provided in this chapter. The auditor of state also may	4328
audit the accounts of private institutions, associations, boards,	4329
and corporations receiving public money for their use and may	4330
require of them annual reports in such form as the auditor of	4331
state prescribes.	4332

If the auditor of state performs or contracts for the	4333
performance of an audit, including a special audit, of the public	4334
employees retirement system, school employees retirement system,	4335
state teachers retirement system, state highway patrol retirement	4336
system, or Ohio police and fire pension fund, the auditor of state	4337
shall make a timely report of the results of the audit to the Ohio	4338
retirement study council.	4339

The auditor of state may audit the accounts of any medicaid	4340
provider, as defined in section ~~5111.06~~5164.01 of the Revised	4341
Code.	4342

If a public office has been audited by an agency of the	4343
United States government, the auditor of state may, if satisfied	4344
that the federal audit has been conducted according to principles	4345
and procedures not contrary to those of the auditor of state, use	4346
and adopt the federal audit and report in lieu of an audit by the	4347
auditor of state's own office.	4348

Within thirty days after the creation or dissolution or the	4349
winding up of the affairs of any public office, that public office	4350
shall notify the auditor of state in writing that this action has	4351
occurred.	4352

Sec. 117.20. (A) In adopting rules pursuant to Chapter 117.	4353
of the Revised Code, the auditor of state or the auditor of	4354
state's designee shall do both of the following:	4355

(1) Before adopting any such rule, except a rule of an	4356
emergency nature, do each of the following:	4357

(a) At least thirty-five days before any public hearing on	4358
the proposed rule-making action, mail or send by electronic mail	4359
notice of the hearing to each public office and to each statewide	4360
organization that the auditor of state or designee determines will	4361
be affected or represents persons who will be affected by the	4362
proposed rule-making action;	4363

(b) Mail or send by electronic mail a copy of the proposed	4364
rule to any person or organization that requests a copy within	4365
five days after receipt of the request;	4366

(c) Consult with appropriate state and local government	4367
agencies, or with persons representative of their interests,	4368
including statewide organizations of local government officials,	4369
and consult with accounting professionals and other interested	4370
persons;	4371

(d) Conduct, on the date and at the time and place designated	4372
in the notice, a public hearing at which any person affected by	4373
the proposed rule, including statewide organizations of local	4374
government officials, may appear and be heard in person, by	4375
attorney, or both, and may present the person's or organization's	4376
position or contentions orally or in writing.	4377

(2) ~~Except as otherwise provided in division (A)(2) of this~~	4378
~~section, comply~~Comply with ~~divisions (B) to (E) of~~ section 111.15	4379
of the Revised Code. ~~The auditor of state is not required to file~~	4380
~~a rule summary and fiscal analysis along with any copy of a~~	4381
~~proposed rule, or proposed rule in revised form, that is filed~~	4382
~~with the joint committee on agency rule review, the secretary of~~	4383
~~state, or the director of the legislative service commission under~~	4384
~~division (D) or (E) of section 111.15 of the Revised Code.~~	4385

(B) The auditor of state shall diligently discharge the	4386
duties imposed by divisions (A)(1)(a), (b), and (c) of this	4387
section, but failure to mail or send by electronic mail any notice	4388
or copy of a proposed rule, or to consult with any person or	4389
organization, shall not invalidate any rule.	4390

(C) Notwithstanding any contrary provision of the Revised	4391
Code, the auditor of state may prepare and disseminate, to public	4392
offices and other interested persons and organizations, advisory	4393
bulletins, directives, and instructions relating to accounting and	4394
financial reporting systems, budgeting procedures, fiscal	4395
controls, and the constructions by the auditor of state of	4396
constitutional and statutory provisions, court decisions, and	4397
opinions of the attorney general. The bulletins, directives, and	4398
instructions shall be of an advisory nature only.	4399

(D) As used in this section, "rule" includes the adoption,	4400
amendment, or rescission of a rule.	4401

Sec. 119.01. As used in sections 119.01 to 119.13 of the	4402
Revised Code:	4403

(A)(1) "Agency" means, except as limited by this division,	4404
any official, board, or commission having authority to promulgate	4405
rules or make adjudications in the civil service commission, the	4406
division of liquor control, the department of taxation, the	4407
industrial commission, the bureau of workers' compensation, the	4408
functions of any administrative or executive officer, department,	4409
division, bureau, board, or commission of the government of the	4410
state specifically made subject to sections 119.01 to 119.13 of	4411
the Revised Code, and the licensing functions of any	4412
administrative or executive officer, department, division, bureau,	4413
board, or commission of the government of the state having the	4414
authority or responsibility of issuing, suspending, revoking, or	4415
canceling licenses.	4416

Except as otherwise provided in division (I) of this section,	4417
sections 119.01 to 119.13 of the Revised Code do not apply to the	4418
public utilities commission. Sections 119.01 to 119.13 of the	4419
Revised Code do not apply to the utility radiological safety	4420
board; to the controlling board; to actions of the superintendent	4421
of financial institutions and the superintendent of insurance in	4422
the taking possession of, and rehabilitation or liquidation of,	4423
the business and property of banks, savings and loan associations,	4424
savings banks, credit unions, insurance companies, associations,	4425
reciprocal fraternal benefit societies, and bond investment	4426
companies; to any action taken by the division of securities under	4427
section 1707.201 of the Revised Code; or to any action that may be	4428
taken by the superintendent of financial institutions under	4429
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,	4430
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,	4431
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.	4432

Sections 119.01 to 119.13 of the Revised Code do not apply to	4433
actions of the industrial commission or the bureau of workers'	4434
compensation under sections 4123.01 to 4123.94 of the Revised Code	4435
with respect to all matters of adjudication, or to the actions of	4436
the industrial commission, bureau of workers' compensation board	4437
of directors, and bureau of workers' compensation under division	4438
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	4439
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	4440
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	4441
(E) of section 4131.14 of the Revised Code with respect to all	4442
matters concerning the establishment of premium, contribution, and	4443
assessment rates.	4444

(2) "Agency" also means any official or work unit having	4445
authority to promulgate rules or make adjudications in the	4446
department of job and family services, but only with respect to	4447
both of the following:	4448

(a) The adoption, amendment, or rescission of rules that	4449
section 5101.09 of the Revised Code requires be adopted in	4450
accordance with this chapter;	4451

(b) The issuance, suspension, revocation, or cancellation of	4452
licenses.	4453

(B) "License" means any license, permit, certificate,	4454
commission, or charter issued by any agency. "License" does not	4455
include any arrangement whereby a person~~, institution,~~ or	4456
government entity furnishes medicaid services under a provider	4457
agreement with the department of ~~job and family services pursuant~~	4458
~~to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	4459
~~U.S.C. 301, as amended~~medicaid.	4460

(C) "Rule" means any rule, regulation, or standard, having a	4461
general and uniform operation, adopted, promulgated, and enforced	4462
by any agency under the authority of the laws governing such	4463
agency, and includes any appendix to a rule. "Rule" does not	4464
include any internal management rule of an agency unless the	4465
internal management rule affects private rights and does not	4466
include any guideline adopted pursuant to section 3301.0714 of the	4467
Revised Code.	4468

(D) "Adjudication" means the determination by the highest or	4469
ultimate authority of an agency of the rights, duties, privileges,	4470
benefits, or legal relationships of a specified person, but does	4471
not include the issuance of a license in response to an	4472
application with respect to which no question is raised, nor other	4473
acts of a ministerial nature.	4474

(E) "Hearing" means a public hearing by any agency in	4475
compliance with procedural safeguards afforded by sections 119.01	4476
to 119.13 of the Revised Code.	4477

(F) "Person" means a person, firm, corporation, association,	4478
or partnership.	4479

(G) "Party" means the person whose interests are the subject	4480
of an adjudication by an agency.	4481

(H) "Appeal" means the procedure by which a person, aggrieved	4482
by a finding, decision, order, or adjudication of any agency,	4483
invokes the jurisdiction of a court.	4484

(I) "Rule-making agency" means any board, commission,	4485
department, division, or bureau of the government of the state	4486
that is required to file proposed rules, amendments, or	4487
rescissions under division (D) of section 111.15 of the Revised	4488
Code and any agency that is required to file proposed rules,	4489
amendments, or rescissions under divisions (B) and (H) of section	4490
119.03 of the Revised Code. "Rule-making agency" includes the	4491
public utilities commission. "Rule-making agency" does not include	4492
any state-supported college or university.	4493

(J) "Substantive revision" means any addition to, elimination	4494
from, or other change in a rule, an amendment of a rule, or a	4495
rescission of a rule, whether of a substantive or procedural	4496
nature, that changes any of the following:	4497

(1) That which the rule, amendment, or rescission permits,	4498
authorizes, regulates, requires, prohibits, penalizes, rewards, or	4499
otherwise affects;	4500

(2) The scope or application of the rule, amendment, or	4501
rescission.	4502

(K) "Internal management rule" means any rule, regulation, or	4503
standard governing the day-to-day staff procedures and operations	4504
within an agency.	4505

Sec. 120.06. (A)(1) The state public defender, when	4506
designated by the court or requested by a county public defender	4507
or joint county public defender, may provide legal representation	4508
in all courts throughout the state to indigent adults and	4509
juveniles who are charged with the commission of an offense or act	4510
for which the penalty or any possible adjudication includes the	4511
potential loss of liberty.	4512

(2) The state public defender may provide legal	4513
representation to any indigent person who, while incarcerated in	4514
any state correctional institution, is charged with a felony	4515
offense, for which the penalty or any possible adjudication that	4516
may be imposed by a court upon conviction includes the potential	4517
loss of liberty.	4518

(3) The state public defender may provide legal	4519
representation to any person incarcerated in any correctional	4520
institution of the state, in any matter in which the person	4521
asserts the person is unlawfully imprisoned or detained.	4522

(4) The state public defender, in any case in which the state	4523
public defender has provided legal representation or is requested	4524
to do so by a county public defender or joint county public	4525
defender, may provide legal representation on appeal.	4526

(5) The state public defender, when designated by the court	4527
or requested by a county public defender, joint county public	4528
defender, or the director of rehabilitation and correction, shall	4529
provide legal representation in parole and probation revocation	4530
matters or matters relating to the revocation of community control	4531
or post-release control under a community control sanction or	4532
post-release control sanction, unless the state public defender	4533
finds that the alleged parole or probation violator or alleged	4534
violator of a community control sanction or post-release control	4535
sanction has the financial capacity to retain the alleged	4536
violator's own counsel.	4537

(6) If the state public defender contracts with a county	4538
public defender commission, a joint county public defender	4539
commission, or a board of county commissioners for the provision	4540
of services, under authority of division (C)(7) of section 120.04	4541
of the Revised Code, the state public defender shall provide legal	4542
representation in accordance with the contract.	4543

(B) The state public defender shall not be required to	4544
prosecute any appeal, postconviction remedy, or other proceeding	4545
pursuant to division (A)(3), (4), or (5) of this section, unless	4546
the state public defender first is satisfied that there is	4547
arguable merit to the proceeding.	4548

(C) A court may appoint counsel or allow an indigent person	4549
to select the indigent's own personal counsel to assist the state	4550
public defender as co-counsel when the interests of justice so	4551
require. When co-counsel is appointed to assist the state public	4552
defender, the co-counsel shall receive any compensation that the	4553
court may approve, not to exceed the amounts provided for in	4554
section 2941.51 of the Revised Code.	4555

(D)(1) When the state public defender is designated by the	4556
court or requested by a county public defender or joint county	4557
public defender to provide legal representation for an indigent	4558
person in any case, other than pursuant to a contract entered into	4559
under authority of division (C)(7) of section 120.04 of the	4560
Revised Code, the state public defender shall send to the county	4561
in which the case is filed a bill detailing the actual cost of the	4562
representation that separately itemizes legal fees and expenses.	4563
The county, upon receipt of an itemized bill from the state public	4564
defender pursuant to this division, shall pay the state public	4565
defender each of the following amounts:	4566

(a) For the amount identified as legal fees in the itemized	4567
bill, one hundred per cent of the amount identified as legal fees	4568
less the state reimbursement rate as calculated by the state	4569
public defender pursuant to section 120.34 of the Revised Code for	4570
the month the case terminated, as set forth in the itemized bill;	4571

(b) For the amount identified as expenses in the itemized	4572
bill, one hundred per cent.	4573

(2) Upon payment of the itemized bill under division (D)(1)	4574
of this section, the county may submit the cost of the expenses,	4575
excluding legal fees, to the state public defender for	4576
reimbursement pursuant to section 120.33 of the Revised Code.	4577

(3) When the state public defender provides investigation or	4578
mitigation services to private appointed counsel or to a county or	4579
joint county public defender as approved by the appointing court,	4580
other than pursuant to a contract entered into under authority of	4581
division (C)(7) of section 120.04 of the Revised Code, the state	4582
public defender shall send to the county in which the case is	4583
filed a bill itemizing the actual cost of the services provided.	4584
The county, upon receipt of an itemized bill from the state public	4585
defender pursuant to this division, shall pay one hundred per cent	4586
of the amount as set forth in the itemized bill. Upon payment of	4587
the itemized bill received pursuant to this division, the county	4588
may submit the cost of the investigation and mitigation services	4589
to the state public defender for reimbursement pursuant to section	4590
120.33 of the Revised Code.	4591

(4) There is hereby created in the state treasury the county	4592
representation fund for the deposit of moneys received from	4593
counties under this division. All moneys credited to the fund	4594
shall be used by the state public defender to provide legal	4595
representation for indigent persons when designated by the court	4596
or requested by a county or joint county public defender or to	4597
provide investigation or mitigation services, including	4598
investigation or mitigation services to private appointed counsel	4599
or a county or joint county public defender, as approved by the	4600
court.	4601

(E)(1) Notwithstanding any contrary provision of sections	4602
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	4603
that pertains to representation by the attorney general, an	4604
assistant attorney general, or special counsel of an officer or	4605
employee, as defined in section 109.36 of the Revised Code, or of	4606
an entity of state government, the state public defender may elect	4607
to contract with, and to have the state pay pursuant to division	4608
(E)(2) of this section for the services of, private legal counsel	4609
to represent the Ohio public defender commission, the state public	4610
defender, assistant state public defenders, other employees of the	4611
commission or the state public defender, and attorneys described	4612
in division (C) of section 120.41 of the Revised Code in a	4613
malpractice or other civil action or proceeding that arises from	4614
alleged actions or omissions related to responsibilities derived	4615
pursuant to this chapter, or in a civil action that is based upon	4616
alleged violations of the constitution or statutes of the United	4617
States, including section 1983 of Title 42 of the United States	4618
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	4619
arises from alleged actions or omissions related to	4620
responsibilities derived pursuant to this chapter, if the state	4621
public defender determines, in good faith, that the defendant in	4622
the civil action or proceeding did not act manifestly outside the	4623
scope of the defendant's employment or official responsibilities,	4624
with malicious purpose, in bad faith, or in a wanton or reckless	4625
manner. If the state public defender elects not to contract	4626
pursuant to this division for private legal counsel in a civil	4627
action or proceeding, then, in accordance with sections 109.02,	4628
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	4629
attorney general shall represent or provide for the representation	4630
of the Ohio public defender commission, the state public defender,	4631
assistant state public defenders, other employees of the	4632
commission or the state public defender, or attorneys described in	4633
division (C) of section 120.41 of the Revised Code in the civil	4634
action or proceeding.	4635

(2)(a) Subject to division (E)(2)(b) of this section, payment	4636
from the state treasury for the services of private legal counsel	4637
with whom the state public defender has contracted pursuant to	4638
division (E)(1) of this section shall be accomplished only through	4639
the following procedure:	4640

(i) The private legal counsel shall file with the attorney	4641
general a copy of the contract; a request for an award of legal	4642
fees, court costs, and expenses earned or incurred in connection	4643
with the defense of the Ohio public defender commission, the state	4644
public defender, an assistant state public defender, an employee,	4645
or an attorney in a specified civil action or proceeding; a	4646
written itemization of those fees, costs, and expenses, including	4647
the signature of the state public defender and the state public	4648
defender's attestation that the fees, costs, and expenses were	4649
earned or incurred pursuant to division (E)(1) of this section to	4650
the best of the state public defender's knowledge and information;	4651
a written statement whether the fees, costs, and expenses are for	4652
all legal services to be rendered in connection with that defense,	4653
are only for legal services rendered to the date of the request	4654
and additional legal services likely will have to be provided in	4655
connection with that defense, or are for the final legal services	4656
rendered in connection with that defense; a written statement	4657
indicating whether the private legal counsel previously submitted	4658
a request for an award under division (E)(2) of this section in	4659
connection with that defense and, if so, the date and the amount	4660
of each award granted; and, if the fees, costs, and expenses are	4661
for all legal services to be rendered in connection with that	4662
defense or are for the final legal services rendered in connection	4663
with that defense, a certified copy of any judgment entry in the	4664
civil action or proceeding or a signed copy of any settlement	4665
agreement entered into between the parties to the civil action or	4666
proceeding.	4667

(ii) Upon receipt of a request for an award of legal fees,	4668
court costs, and expenses and the requisite supportive	4669
documentation described in division (E)(2)(a)(i) of this section,	4670
the attorney general shall review the request and documentation;	4671
determine whether any of the limitations specified in division	4672
(E)(2)(b) of this section apply to the request; and, if an award	4673
of legal fees, court costs, or expenses is permissible after	4674
applying the limitations, prepare a document awarding legal fees,	4675
court costs, or expenses to the private legal counsel. The	4676
document shall name the private legal counsel as the recipient of	4677
the award; specify the total amount of the award as determined by	4678
the attorney general; itemize the portions of the award that	4679
represent legal fees, court costs, and expenses; specify any	4680
limitation applied pursuant to division (E)(2)(b) of this section	4681
to reduce the amount of the award sought by the private legal	4682
counsel; state that the award is payable from the state treasury	4683
pursuant to division (E)(2)(a)(iii) of this section; and be	4684
approved by the inclusion of the signatures of the attorney	4685
general, the state public defender, and the private legal counsel.	4686

(iii) The attorney general shall forward a copy of the	4687
document prepared pursuant to division (E)(2)(a)(ii) of this	4688
section to the director of budget and management. The award of	4689
legal fees, court costs, or expenses shall be paid out of the	4690
state public defender's appropriations, to the extent there is a	4691
sufficient available balance in those appropriations. If the state	4692
public defender does not have a sufficient available balance in	4693
the state public defender's appropriations to pay the entire award	4694
of legal fees, court costs, or expenses, the director shall make	4695
application for a transfer of appropriations out of the emergency	4696
purposes account or any other appropriation for emergencies or	4697
contingencies in an amount equal to the portion of the award that	4698
exceeds the sufficient available balance in the state public	4699
defender's appropriations. A transfer of appropriations out of the	4700
emergency purposes account or any other appropriation for	4701
emergencies or contingencies shall be authorized if there are	4702
sufficient moneys greater than the sum total of then pending	4703
emergency purposes account requests, or requests for releases from	4704
the other appropriation. If a transfer of appropriations out of	4705
the emergency purposes account or other appropriation for	4706
emergencies or contingencies is made to pay an amount equal to the	4707
portion of the award that exceeds the sufficient available balance	4708
in the state public defender's appropriations, the director shall	4709
cause the payment to be made to the private legal counsel. If	4710
sufficient moneys do not exist in the emergency purposes account	4711
or other appropriation for emergencies or contingencies to pay an	4712
amount equal to the portion of the award that exceeds the	4713
sufficient available balance in the state public defender's	4714
appropriations, the private legal counsel shall request the	4715
general assembly to make an appropriation sufficient to pay an	4716
amount equal to the portion of the award that exceeds the	4717
sufficient available balance in the state public defender's	4718
appropriations, and no payment in that amount shall be made until	4719
the appropriation has been made. The private legal counsel shall	4720
make the request during the current biennium and during each	4721
succeeding biennium until a sufficient appropriation is made.	4722

(b) An award of legal fees, court costs, and expenses	4723
pursuant to division (E) of this section is subject to the	4724
following limitations:	4725

(i) The maximum award or maximum aggregate of a series of	4726
awards of legal fees, court costs, and expenses to the private	4727
legal counsel in connection with the defense of the Ohio public	4728
defender commission, the state public defender, an assistant state	4729
public defender, an employee, or an attorney in a specified civil	4730
action or proceeding shall not exceed fifty thousand dollars.	4731

(ii) The private legal counsel shall not be awarded legal	4732
fees, court costs, or expenses to the extent the fees, costs, or	4733
expenses are covered by a policy of malpractice or other	4734
insurance.	4735

(iii) The private legal counsel shall be awarded legal fees	4736
and expenses only to the extent that the fees and expenses are	4737
reasonable in light of the legal services rendered by the private	4738
legal counsel in connection with the defense of the Ohio public	4739
defender commission, the state public defender, an assistant state	4740
public defender, an employee, or an attorney in a specified civil	4741
action or proceeding.	4742

(c) If, pursuant to division (E)(2)(a) of this section, the	4743
attorney general denies a request for an award of legal fees,	4744
court costs, or expenses to private legal counsel because of the	4745
application of a limitation specified in division (E)(2)(b) of	4746
this section, the attorney general shall notify the private legal	4747
counsel in writing of the denial and of the limitation applied.	4748

(d) If, pursuant to division (E)(2)(c) of this section, a	4749
private legal counsel receives a denial of an award notification	4750
or if a private legal counsel refuses to approve a document under	4751
division (E)(2)(a)(ii) of this section because of the proposed	4752
application of a limitation specified in division (E)(2)(b) of	4753
this section, the private legal counsel may commence a civil	4754
action against the attorney general in the court of claims to	4755
prove the private legal counsel's entitlement to the award sought,	4756
to prove that division (E)(2)(b) of this section does not prohibit	4757
or otherwise limit the award sought, and to recover a judgment for	4758
the amount of the award sought. A civil action under division	4759
(E)(2)(d) of this section shall be commenced no later than two	4760
years after receipt of a denial of award notification or, if the	4761
private legal counsel refused to approve a document under division	4762
(E)(2)(a)(ii) of this section because of the proposed application	4763
of a limitation specified in division (E)(2)(b) of this section,	4764
no later than two years after the refusal. Any judgment of the	4765
court of claims in favor of the private legal counsel shall be	4766
paid from the state treasury in accordance with division (E)(2)(a)	4767
of this section.	4768

(F) If a court appoints the office of the state public	4769
defender to represent a petitioner in a postconviction relief	4770
proceeding under section 2953.21 of the Revised Code, the	4771
petitioner has received a sentence of death, and the proceeding	4772
relates to that sentence, all of the attorneys who represent the	4773
petitioner in the proceeding pursuant to the appointment, whether	4774
an assistant state public defender, the state public defender, or	4775
another attorney, shall be certified under Rule 20 of the Rules of	4776
Superintendence for the Courts of Ohio to represent indigent	4777
defendants charged with or convicted of an offense for which the	4778
death penalty can be or has been imposed.	4779

(G)(1) The state public defender may provide legal	4780
representation and services to a child committed to the department	4781
of youth services relative to either of the following:	4782

(a) The fact or duration of the child's confinement,	4783
including, but not limited to, appeals, post-conviction relief,	4784
petitions for habeas corpus, and administrative issues that may	4785
extend the period of confinement;	4786

(b) Conditions of the child's confinement.

4787

(2) Division (G)(1) of this section does not authorize the	4788
state public defender to represent a child committed to the	4789
department of youth services in general civil matters arising	4790
solely out of state law.	4791

(H) A child's right to representation or services under this	4792
section is not affected by the child, or another person on behalf	4793
of the child, previously having paid for similar representation or	4794
services or having waived legal representation.	4795

(I) The state public defender shall have access to any child	4796
committed to the department of youth services, department of youth	4797
services institution, and department of youth services record as	4798
needed to implement this section.	4799

(J) As used in this section:

4800

(1) "Community control sanction" has the same meaning as in	4801
section 2929.01 of the Revised Code.	4802

(2) "Conditions of confinement" means any issue involving a	4803
constitutional right or other civil right related to a child's	4804
incarceration, including, but not limited to, actions cognizable	4805
under 42 U.S.C. 1983.	4806

(3) "Post-release control sanction" has the same meaning as	4807
in section 2967.01 of the Revised Code.	4808

Sec. 121.02. The following administrative departments and	4809
their respective directors are hereby created:	4810

(A) The office of budget and management, which shall be	4811
administered by the director of budget and management;	4812

(B) The department of commerce, which shall be administered	4813
by the director of commerce;	4814

(C) The department of administrative services, which shall be	4815
administered by the director of administrative services;	4816

(D) The department of transportation, which shall be	4817
administered by the director of transportation;	4818

(E) The department of agriculture, which shall be	4819
administered by the director of agriculture;	4820

(F) The department of natural resources, which shall be	4821
administered by the director of natural resources;	4822

(G) The department of health, which shall be administered by	4823
the director of health;	4824

(H) The department of job and family services, which shall be	4825
administered by the director of job and family services;	4826

(I) Until July 1, 1997, the department of liquor control,	4827
which shall be administered by the director of liquor control;	4828

(J) The department of public safety, which shall be	4829
administered by the director of public safety;	4830

(K) The department of ~~mental health~~mental health and	4831
addiction services, which shall be administered by the director of	4832
~~mental health~~mental health and addiction services;	4833

(L) The department of developmental disabilities, which shall	4834
be administered by the director of developmental disabilities;	4835

(M) The department of insurance, which shall be administered	4836
by the superintendent of insurance as director thereof;	4837

(N) The development services agency, which shall be	4838
administered by the director of development services;	4839

(O) The department of youth services, which shall be	4840
administered by the director of youth services;	4841

(P) The department of rehabilitation and correction, which	4842
shall be administered by the director of rehabilitation and	4843
correction;	4844

(Q) The environmental protection agency, which shall be	4845
administered by the director of environmental protection;	4846

(R) The department of aging, which shall be administered by	4847
the director of aging;	4848

(S) ~~The department of alcohol and drug addiction services,~~	4849
~~which shall be administered by the director of~~ ~~alcohol and drug~~	4850
~~addiction services~~;	4851

~~(T)~~ The department of veterans services, which shall be	4852
administered by the director of veterans services;	4853

(T) The department of medicaid, which shall be administered	4854
by the medicaid director.	4855

The director of each department shall exercise the powers and	4856
perform the duties vested by law in such department.	4857

Sec. 121.03. The following administrative department heads	4858
shall be appointed by the governor, with the advice and consent of	4859
the senate, and shall hold their offices during the term of the	4860
appointing governor, and are subject to removal at the pleasure of	4861
the governor.	4862

(A) The director of budget and management;

4863

(B) The director of commerce;

4864

4865

(D) The director of agriculture;

4866

(E) The director of job and family services;

4867

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

4868

(G) The director of public safety;

4869

(H) The superintendent of insurance;

4870

(I) The director of development services;

4871

(J) The tax commissioner;

4872

(K) The director of administrative services;

4873

(L) The director of natural resources;

4874

(M) The director of ~~mental health~~mental health and addiction	4875
services;	4876

(N) The director of developmental disabilities;

4877

(O) The director of health;

4878

(P) The director of youth services;

4879

(Q) The director of rehabilitation and correction;

4880

(R) The director of environmental protection;

4881

(S) The director of aging;

4882

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

4883

~~(U)~~ The administrator of workers' compensation who meets the	4884
qualifications required under division (A) of section 4121.121 of	4885
the Revised Code;	4886

~~(V)~~(U) The director of veterans services who meets the	4887
qualifications required under section 5902.01 of the Revised Code;	4888

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

4889

(W) The medicaid director.

4890

Sec. 121.11. (A) Each officer whose office is created by	4891
sections 121.02, 121.04, and 121.05 of the Revised Code, before	4892
entering upon the duties of office, shall take and subscribe an	4893
oath of office as provided by law and give bond, conditioned	4894
according to law, with security ~~to be approved by the governor~~ in	4895
the penal sum, not less than ten thousand dollars~~, fixed by the~~	4896
~~governor~~. The department of administrative services may procure	4897
from any duly authorized corporate surety authorized to do	4898
business in the state a schedule or blanket bond covering the	4899
officers described in those sections and any other officers the	4900
governor designates. The bond and oath of the officers described	4901
in those sections shall be filed in the office of the secretary of	4902
state.	4903

(B) ~~The director of each department, with the approval of the~~	4904
~~governor, may require any chief of a division, or any officer or~~	4905
~~employee in the director's department, to give bond in the amount~~	4906
~~the governor prescribes. The bond or bonds may, in the discretion~~	4907
~~of the director, be individual, schedule, or blanket bonds.~~	4908

~~(C)~~ The premium on any bond required or authorized by this	4909
section may be paid from the state treasury.	4910

Sec. 121.22. (A) This section shall be liberally construed	4911
to require public officials to take official action and to conduct	4912
all deliberations upon official business only in open meetings	4913
unless the subject matter is specifically excepted by law.	4914

(B) As used in this section:

4915

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

4916

(a) Any board, commission, committee, council, or similar	4917
decision-making body of a state agency, institution, or authority,	4918
and any legislative authority or board, commission, committee,	4919
council, agency, authority, or similar decision-making body of any	4920
county, township, municipal corporation, school district, or other	4921
political subdivision or local public institution;	4922

(b) Any committee or subcommittee of a body described in	4923
division (B)(1)(a) of this section;	4924

(c) A court of jurisdiction of a sanitary district organized	4925
wholly for the purpose of providing a water supply for domestic,	4926
municipal, and public use when meeting for the purpose of the	4927
appointment, removal, or reappointment of a member of the board of	4928
directors of such a district pursuant to section 6115.10 of the	4929
Revised Code, if applicable, or for any other matter related to	4930
such a district other than litigation involving the district. As	4931
used in division (B)(1)(c) of this section, "court of	4932
jurisdiction" has the same meaning as "court" in section 6115.01	4933
of the Revised Code.	4934

(2) "Meeting" means any prearranged discussion of the public	4935
business of the public body by a majority of its members.	4936

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

4937

(a) A student in a state or local public educational	4938
institution;	4939

(b) A person who is, voluntarily or involuntarily, an inmate,	4940
patient, or resident of a state or local institution because of	4941
criminal behavior, mental illness or retardation, disease,	4942
disability, age, or other condition requiring custodial care.	4943

(4) "Public office" has the same meaning as in section	4944
149.011 of the Revised Code.	4945

(C) All meetings of any public body are declared to be public	4946
meetings open to the public at all times. A member of a public	4947
body shall be present in person at a meeting open to the public to	4948
be considered present or to vote at the meeting and for purposes	4949
of determining whether a quorum is present at the meeting.	4950

The minutes of a regular or special meeting of any public	4951
body shall be promptly prepared, filed, and maintained and shall	4952
be open to public inspection. The minutes need only reflect the	4953
general subject matter of discussions in executive sessions	4954
authorized under division (G) or (J) of this section.	4955

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

4956

(1) A grand jury;

4957

(2) An audit conference conducted by the auditor of state or	4958
independent certified public accountants with officials of the	4959
public office that is the subject of the audit;	4960

(3) The adult parole authority when its hearings are	4961
conducted at a correctional institution for the sole purpose of	4962
interviewing inmates to determine parole or pardon;	4963

(4) The organized crime investigations commission established	4964
under section 177.01 of the Revised Code;	4965

(5) Meetings of a child fatality review board established	4966
under section 307.621 of the Revised Code and meetings conducted	4967
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	4968

(6) The state medical board when determining whether to	4969
suspend a certificate without a prior hearing pursuant to division	4970
(G) of either section 4730.25 or 4731.22 of the Revised Code;	4971

(7) The board of nursing when determining whether to suspend	4972
a license or certificate without a prior hearing pursuant to	4973
division (B) of section 4723.281 of the Revised Code;	4974

(8) The state board of pharmacy when determining whether to	4975
suspend a license without a prior hearing pursuant to division (D)	4976
of section 4729.16 of the Revised Code;	4977

(9) The state chiropractic board when determining whether to	4978
suspend a license without a hearing pursuant to section 4734.37 of	4979
the Revised Code;	4980

(10) The executive committee of the emergency response	4981
commission when determining whether to issue an enforcement order	4982
or request that a civil action, civil penalty action, or criminal	4983
action be brought to enforce Chapter 3750. of the Revised Code;	4984

(11) The board of directors of the nonprofit corporation	4985
formed under section 187.01 of the Revised Code or any committee	4986
thereof, and the board of directors of any subsidiary of that	4987
corporation or a committee thereof;	4988

(12) An audit conference conducted by the audit staff of the	4989
department of job and family services with officials of the public	4990
office that is the subject of that audit under section 5101.37 of	4991
the Revised Code.	4992

(E) The controlling board, ~~the industrial technology and~~	4993
~~enterprise advisory council,~~ the tax credit authority, or the	4994
minority development financing advisory board, when meeting to	4995
consider granting assistance pursuant to Chapter 122. or 166. of	4996
the Revised Code, in order to protect the interest of the	4997
applicant or the possible investment of public funds, by unanimous	4998
vote of all board~~, council,~~ or authority members present, may	4999
close the meeting during consideration of the following	5000
information confidentially received by the authority~~, council,~~ or	5001
board from the applicant:	5002

(1) Marketing plans;

5003

(2) Specific business strategy;

5004

(3) Production techniques and trade secrets;

5005

(4) Financial projections;

5006

(5) Personal financial statements of the applicant or members	5007
of the applicant's immediate family, including, but not limited	5008
to, tax records or other similar information not open to public	5009
inspection.	5010

The vote by the authority~~, council,~~ or board to accept or	5011
reject the application, as well as all proceedings of the	5012
authority~~, council,~~ or board not subject to this division, shall	5013
be open to the public and governed by this section.	5014

(F) Every public body, by rule, shall establish a reasonable	5015
method whereby any person may determine the time and place of all	5016
regularly scheduled meetings and the time, place, and purpose of	5017
all special meetings. A public body shall not hold a special	5018
meeting unless it gives at least twenty-four hours' advance notice	5019
to the news media that have requested notification, except in the	5020
event of an emergency requiring immediate official action. In the	5021
event of an emergency, the member or members calling the meeting	5022
shall notify the news media that have requested notification	5023
immediately of the time, place, and purpose of the meeting.	5024

The rule shall provide that any person, upon request and	5025
payment of a reasonable fee, may obtain reasonable advance	5026
notification of all meetings at which any specific type of public	5027
business is to be discussed. Provisions for advance notification	5028
may include, but are not limited to, mailing the agenda of	5029
meetings to all subscribers on a mailing list or mailing notices	5030
in self-addressed, stamped envelopes provided by the person.	5031

(G) Except as provided in division (J) of this section, the	5032
members of a public body may hold an executive session only after	5033
a majority of a quorum of the public body determines, by a roll	5034
call vote, to hold an executive session and only at a regular or	5035
special meeting for the sole purpose of the consideration of any	5036
of the following matters:	5037

(1) To consider the appointment, employment, dismissal,	5038
discipline, promotion, demotion, or compensation of a public	5039
employee or official, or the investigation of charges or	5040
complaints against a public employee, official, licensee, or	5041
regulated individual, unless the public employee, official,	5042
licensee, or regulated individual requests a public hearing.	5043
Except as otherwise provided by law, no public body shall hold an	5044
executive session for the discipline of an elected official for	5045
conduct related to the performance of the elected official's	5046
official duties or for the elected official's removal from office.	5047
If a public body holds an executive session pursuant to division	5048
(G)(1) of this section, the motion and vote to hold that executive	5049
session shall state which one or more of the approved purposes	5050
listed in division (G)(1) of this section are the purposes for	5051
which the executive session is to be held, but need not include	5052
the name of any person to be considered at the meeting.	5053

(2) To consider the purchase of property for public purposes,	5054
or for the sale of property at competitive bidding, if premature	5055
disclosure of information would give an unfair competitive or	5056
bargaining advantage to a person whose personal, private interest	5057
is adverse to the general public interest. No member of a public	5058
body shall use division (G)(2) of this section as a subterfuge for	5059
providing covert information to prospective buyers or sellers. A	5060
purchase or sale of public property is void if the seller or buyer	5061
of the public property has received covert information from a	5062
member of a public body that has not been disclosed to the general	5063
public in sufficient time for other prospective buyers and sellers	5064
to prepare and submit offers.	5065

If the minutes of the public body show that all meetings and	5066
deliberations of the public body have been conducted in compliance	5067
with this section, any instrument executed by the public body	5068
purporting to convey, lease, or otherwise dispose of any right,	5069
title, or interest in any public property shall be conclusively	5070
presumed to have been executed in compliance with this section	5071
insofar as title or other interest of any bona fide purchasers,	5072
lessees, or transferees of the property is concerned.	5073

(3) Conferences with an attorney for the public body	5074
concerning disputes involving the public body that are the subject	5075
of pending or imminent court action;	5076

(4) Preparing for, conducting, or reviewing negotiations or	5077
bargaining sessions with public employees concerning their	5078
compensation or other terms and conditions of their employment;	5079

(5) Matters required to be kept confidential by federal law	5080
or regulations or state statutes;	5081

(6) Details relative to the security arrangements and	5082
emergency response protocols for a public body or a public office,	5083
if disclosure of the matters discussed could reasonably be	5084
expected to jeopardize the security of the public body or public	5085
office;	5086

(7) In the case of a county hospital operated pursuant to	5087
Chapter 339. of the Revised Code, a joint township hospital	5088
operated pursuant to Chapter 513. of the Revised Code, or a	5089
municipal hospital operated pursuant to Chapter 749. of the	5090
Revised Code, to consider trade secrets, as defined in section	5091
1333.61 of the Revised Code.	5092

If a public body holds an executive session to consider any	5093
of the matters listed in divisions (G)(2) to (7) of this section,	5094
the motion and vote to hold that executive session shall state	5095
which one or more of the approved matters listed in those	5096
divisions are to be considered at the executive session.	5097

A public body specified in division (B)(1)(c) of this section	5098
shall not hold an executive session when meeting for the purposes	5099
specified in that division.	5100

(H) A resolution, rule, or formal action of any kind is	5101
invalid unless adopted in an open meeting of the public body. A	5102
resolution, rule, or formal action adopted in an open meeting that	5103
results from deliberations in a meeting not open to the public is	5104
invalid unless the deliberations were for a purpose specifically	5105
authorized in division (G) or (J) of this section and conducted at	5106
an executive session held in compliance with this section. A	5107
resolution, rule, or formal action adopted in an open meeting is	5108
invalid if the public body that adopted the resolution, rule, or	5109
formal action violated division (F) of this section.	5110

(I)(1) Any person may bring an action to enforce this	5111
section. An action under division (I)(1) of this section shall be	5112
brought within two years after the date of the alleged violation	5113
or threatened violation. Upon proof of a violation or threatened	5114
violation of this section in an action brought by any person, the	5115
court of common pleas shall issue an injunction to compel the	5116
members of the public body to comply with its provisions.	5117

(2)(a) If the court of common pleas issues an injunction	5118
pursuant to division (I)(1) of this section, the court shall order	5119
the public body that it enjoins to pay a civil forfeiture of five	5120
hundred dollars to the party that sought the injunction and shall	5121
award to that party all court costs and, subject to reduction as	5122
described in division (I)(2) of this section, reasonable	5123
attorney's fees. The court, in its discretion, may reduce an award	5124
of attorney's fees to the party that sought the injunction or not	5125
award attorney's fees to that party if the court determines both	5126
of the following:	5127

(i) That, based on the ordinary application of statutory law	5128
and case law as it existed at the time of violation or threatened	5129
violation that was the basis of the injunction, a well-informed	5130
public body reasonably would believe that the public body was not	5131
violating or threatening to violate this section;	5132

(ii) That a well-informed public body reasonably would	5133
believe that the conduct or threatened conduct that was the basis	5134
of the injunction would serve the public policy that underlies the	5135
authority that is asserted as permitting that conduct or	5136
threatened conduct.	5137

(b) If the court of common pleas does not issue an injunction	5138
pursuant to division (I)(1) of this section and the court	5139
determines at that time that the bringing of the action was	5140
frivolous conduct, as defined in division (A) of section 2323.51	5141
of the Revised Code, the court shall award to the public body all	5142
court costs and reasonable attorney's fees, as determined by the	5143
court.	5144

(3) Irreparable harm and prejudice to the party that sought	5145
the injunction shall be conclusively and irrebuttably presumed	5146
upon proof of a violation or threatened violation of this section.	5147

(4) A member of a public body who knowingly violates an	5148
injunction issued pursuant to division (I)(1) of this section may	5149
be removed from office by an action brought in the court of common	5150
pleas for that purpose by the prosecuting attorney or the attorney	5151
general.	5152

(J)(1) Pursuant to division (C) of section 5901.09 of the	5153
Revised Code, a veterans service commission shall hold an	5154
executive session for one or more of the following purposes unless	5155
an applicant requests a public hearing:	5156

(a) Interviewing an applicant for financial assistance under	5157
sections 5901.01 to 5901.15 of the Revised Code;	5158

(b) Discussing applications, statements, and other documents	5159
described in division (B) of section 5901.09 of the Revised Code;	5160

(c) Reviewing matters relating to an applicant's request for	5161
financial assistance under sections 5901.01 to 5901.15 of the	5162
Revised Code.	5163

(2) A veterans service commission shall not exclude an	5164
applicant for, recipient of, or former recipient of financial	5165
assistance under sections 5901.01 to 5901.15 of the Revised Code,	5166
and shall not exclude representatives selected by the applicant,	5167
recipient, or former recipient, from a meeting that the commission	5168
conducts as an executive session that pertains to the applicant's,	5169
recipient's, or former recipient's application for financial	5170
assistance.	5171

(3) A veterans service commission shall vote on the grant or	5172
denial of financial assistance under sections 5901.01 to 5901.15	5173
of the Revised Code only in an open meeting of the commission. The	5174
minutes of the meeting shall indicate the name, address, and	5175
occupation of the applicant, whether the assistance was granted or	5176
denied, the amount of the assistance if assistance is granted, and	5177
the votes for and against the granting of assistance.	5178

Sec. 121.35. (A) Subject to division (B) of this section,	5179
the following state agencies shall collaborate to revise and make	5180
more uniform the eligibility standards and eligibility	5181
determination procedures of programs the state agencies	5182
administer:	5183

(1) The department of aging;

5184

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

5185

~~(3)~~ The ~~department of~~ development services agency;

5186

~~(4)~~(3) The department of developmental disabilities;

5187

~~(5)~~(4) The department of education;

5188

~~(6)~~(5) The department of health;

5189

~~(7)~~(6) The department of job and family services;

5190

~~(8)~~(7) The department of medicaid;

5191

(8) The department of ~~mental health~~mental health and	5192
addiction services;	5193

(9) The rehabilitation services commission.

5194

(B) In revising eligibility standards and eligibility	5195
determination procedures, a state agency shall not make any	5196
program's eligibility standards or eligibility determination	5197
procedures inconsistent with state or federal law. To the extent	5198
authorized by state and federal law, the revisions may provide for	5199
the state agencies to share administrative operations.	5200

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5201
and children first cabinet council. The council shall be composed	5202
of the superintendent of public instruction, the administrator of	5203
the rehabilitation services commission, the medicaid director, and	5204
the directors of youth services, job and family services, ~~mental~~	5205
~~health~~mental health and addiction services, health, ~~alcohol and~~	5206
~~drug addiction services,~~ developmental disabilities, aging,	5207
rehabilitation and correction, and budget and management. The	5208
chairperson of the council shall be the governor or the governor's	5209
designee and shall establish procedures for the council's internal	5210
control and management.	5211

The purpose of the cabinet council is to help families	5212
seeking government services. This section shall not be interpreted	5213
or applied to usurp the role of parents, but solely to streamline	5214
and coordinate existing government services for families seeking	5215
assistance for their children.	5216

(2) In seeking to fulfill its purpose, the council may do any	5217
of the following:	5218

(a) Advise and make recommendations to the governor and	5219
general assembly regarding the provision of services to children;	5220

(b) Advise and assess local governments on the coordination	5221
of service delivery to children;	5222

(c) Hold meetings at such times and places as may be	5223
prescribed by the council's procedures and maintain records of the	5224
meetings, except that records identifying individual children are	5225
confidential and shall be disclosed only as provided by law;	5226

(d) Develop programs and projects, including pilot projects,	5227
to encourage coordinated efforts at the state and local level to	5228
improve the state's social service delivery system;	5229

(e) Enter into contracts with and administer grants to county	5230
family and children first councils, as well as other county or	5231
multicounty organizations to plan and coordinate service delivery	5232
between state agencies and local service providers for families	5233
and children;	5234

(f) Enter into contracts with and apply for grants from	5235
federal agencies or private organizations;	5236

(g) Enter into interagency agreements to encourage	5237
coordinated efforts at the state and local level to improve the	5238
state's social service delivery system. The agreements may include	5239
provisions regarding the receipt, transfer, and expenditure of	5240
funds;	5241

(h) Identify public and private funding sources for services	5242
provided to alleged or adjudicated unruly children and children	5243
who are at risk of being alleged or adjudicated unruly children,	5244
including regulations governing access to and use of the services;	5245

(i) Collect information provided by local communities	5246
regarding successful programs for prevention, intervention, and	5247
treatment of unruly behavior, including evaluations of the	5248
programs;	5249

(j) Identify and disseminate publications regarding alleged	5250
or adjudicated unruly children and children who are at risk of	5251
being alleged or adjudicated unruly children and regarding	5252
programs serving those types of children;	5253

(k) Maintain an inventory of strategic planning facilitators	5254
for use by government or nonprofit entities that serve alleged or	5255
adjudicated unruly children or children who are at risk of being	5256
alleged or adjudicated unruly children.	5257

(3) The cabinet council shall provide for the following:

5258

(a) Reviews of service and treatment plans for children for	5259
which such reviews are requested;	5260

(b) Assistance as the council determines to be necessary to	5261
meet the needs of children referred by county family and children	5262
first councils;	5263

(c) Monitoring and supervision of a statewide, comprehensive,	5264
coordinated, multi-disciplinary, interagency system for infants	5265
and toddlers with developmental disabilities or delays and their	5266
families, as established pursuant to federal grants received and	5267
administered by the department of health for early intervention	5268
services under the "Individuals with Disabilities Education Act of	5269
2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended.	5270

(4) The cabinet council shall develop and implement the	5271
following:	5272

(a) An interagency process to select the indicators that will	5273
be used to measure progress toward increasing child well-being in	5274
the state and to update the indicators on an annual basis. The	5275
indicators shall focus on expectant parents and newborns thriving;	5276
infants and toddlers thriving; children being ready for school;	5277
children and youth succeeding in school; youth choosing healthy	5278
behaviors; and youth successfully transitioning into adulthood.	5279

(b) An interagency system to offer guidance and monitor	5280
progress toward increasing child well-being in the state and in	5281
each county;	5282

(c) An annual plan that identifies state-level agency efforts	5283
taken to ensure progress towards increasing child well-being in	5284
the state.	5285

On an annual basis, the cabinet council shall submit to the	5286
governor and the general assembly a report on the status of	5287
efforts to increase child well-being in the state. This report	5288
shall be made available to any other person on request.	5289

(B)(1) Each board of county commissioners shall establish a	5290
county family and children first council. The board may invite any	5291
local public or private agency or group that funds, advocates, or	5292
provides services to children and families to have a	5293
representative become a permanent or temporary member of its	5294
county council. Each county council must include the following	5295
individuals:	5296

(a) At least three individuals who are not employed by an	5297
agency represented on the council and whose families are or have	5298
received services from an agency represented on the council or	5299
another county's council. Where possible, the number of members	5300
representing families shall be equal to twenty per cent of the	5301
council's membership.	5302

(b) The director of the board of alcohol, drug addiction, and	5303
mental health services that serves the county, or, in the case of	5304
a county that has a board of alcohol and drug addiction services	5305
and a community mental health board, the directors of both boards.	5306
If a board of alcohol, drug addiction, and mental health services	5307
covers more than one county, the director may designate a person	5308
to participate on the county's council.	5309

(c) The health commissioner, or the commissioner's designee,	5310
of the board of health of each city and general health district in	5311
the county. If the county has two or more health districts, the	5312
health commissioner membership may be limited to the commissioners	5313
of the two districts with the largest populations.	5314

(d) The director of the county department of job and family	5315
services;	5316

(e) The executive director of the public children services	5317
agency;	5318

(f) The superintendent of the county board of developmental	5319
disabilities or, if the superintendent serves as superintendent of	5320
more than one county board of developmental disabilities, the	5321
superintendent's designee;	5322

(g) The superintendent of the city, exempted village, or	5323
local school district with the largest number of pupils residing	5324
in the county, as determined by the department of education, which	5325
shall notify each board of county commissioners of its	5326
determination at least biennially;	5327

(h) A school superintendent representing all other school	5328
districts with territory in the county, as designated at a	5329
biennial meeting of the superintendents of those districts;	5330

(i) A representative of the municipal corporation with the	5331
largest population in the county;	5332

(j) The president of the board of county commissioners or an	5333
individual designated by the board;	5334

(k) A representative of the regional office of the department	5335
of youth services;	5336

(l) A representative of the county's head start agencies, as	5337
defined in section 3301.32 of the Revised Code;	5338

(m) A representative of the county's early intervention	5339
collaborative established pursuant to the federal early	5340
intervention program operated under the "Individuals with	5341
Disabilities Education Act of 2004";	5342

(n) A representative of a local nonprofit entity that funds,	5343
advocates, or provides services to children and families.	5344

Notwithstanding any other provision of law, the public	5345
members of a county council are not prohibited from serving on the	5346
council and making decisions regarding the duties of the council,	5347
including those involving the funding of joint projects and those	5348
outlined in the county's service coordination mechanism	5349
implemented pursuant to division (C) of this section.	5350

The cabinet council shall establish a state appeals process	5351
to resolve disputes among the members of a county council	5352
concerning whether reasonable responsibilities as members are	5353
being shared. The appeals process may be accessed only by a	5354
majority vote of the council members who are required to serve on	5355
the council. Upon appeal, the cabinet council may order that state	5356
funds for services to children and families be redirected to a	5357
county's board of county commissioners.	5358

The county's juvenile court judge senior in service or	5359
another judge of the juvenile court designated by the	5360
administrative judge or, where there is no administrative judge,	5361
by the judge senior in service shall serve as the judicial advisor	5362
to the county family and children first council. The judge may	5363
advise the county council on the court's utilization of resources,	5364
services, or programs provided by the entities represented by the	5365
members of the county council and how those resources, services,	5366
or programs assist the court in its administration of justice.	5367
Service of a judge as a judicial advisor pursuant to this section	5368
is a judicial function.	5369

(2) The purpose of the county council is to streamline and	5370
coordinate existing government services for families seeking	5371
services for their children. In seeking to fulfill its purpose, a	5372
county council shall provide for the following:	5373

(a) Referrals to the cabinet council of those children for	5374
whom the county council cannot provide adequate services;	5375

(b) Development and implementation of a process that annually	5376
evaluates and prioritizes services, fills service gaps where	5377
possible, and invents new approaches to achieve better results for	5378
families and children;	5379

(c) Participation in the development of a countywide,	5380
comprehensive, coordinated, multi-disciplinary, interagency system	5381
for infants and toddlers with developmental disabilities or delays	5382
and their families, as established pursuant to federal grants	5383
received and administered by the department of health for early	5384
intervention services under the "Individuals with Disabilities	5385
Education Act of 2004";	5386

(d) Maintenance of an accountability system to monitor the	5387
county council's progress in achieving results for families and	5388
children;	5389

(e) Establishment of a mechanism to ensure ongoing input from	5390
a broad representation of families who are receiving services	5391
within the county system.	5392

(3) A county council shall develop and implement the	5393
following:	5394

(a) An interagency process to establish local indicators and	5395
monitor the county's progress toward increasing child well-being	5396
in the county;	5397

(b) An interagency process to identify local priorities to	5398
increase child well-being. The local priorities shall focus on	5399
expectant parents and newborns thriving; infants and toddlers	5400
thriving; children being ready for school; children and youth	5401
succeeding in school; youth choosing healthy behaviors; and youth	5402
successfully transitioning into adulthood and take into account	5403
the indicators established by the cabinet council under division	5404
(A)(4)(a) of this section.	5405

(c) An annual plan that identifies the county's interagency	5406
efforts to increase child well-being in the county.	5407

On an annual basis, the county council shall submit a report	5408
on the status of efforts by the county to increase child	5409
well-being in the county to the county's board of county	5410
commissioners and the cabinet council. This report shall be made	5411
available to any other person on request.	5412

(4)(a) Except as provided in division (B)(4)(b) of this	5413
section, a county council shall comply with the policies,	5414
procedures, and activities prescribed by the rules or interagency	5415
agreements of a state department participating on the cabinet	5416
council whenever the county council performs a function subject to	5417
those rules or agreements.	5418

(b) On application of a county council, the cabinet council	5419
may grant an exemption from any rules or interagency agreements of	5420
a state department participating on the council if an exemption is	5421
necessary for the council to implement an alternative program or	5422
approach for service delivery to families and children. The	5423
application shall describe the proposed program or approach and	5424
specify the rules or interagency agreements from which an	5425
exemption is necessary. The cabinet council shall approve or	5426
disapprove the application in accordance with standards and	5427
procedures it shall adopt. If an application is approved, the	5428
exemption is effective only while the program or approach is being	5429
implemented, including a reasonable period during which the	5430
program or approach is being evaluated for effectiveness.	5431

(5)(a) Each county council shall designate an administrative	5432
agent for the council from among the following public entities:	5433
the board of alcohol, drug addiction, and mental health services,	5434
including a board of alcohol and drug addiction or a community	5435
mental health board if the county is served by separate boards;	5436
the board of county commissioners; any board of health of the	5437
county's city and general health districts; the county department	5438
of job and family services; the county agency responsible for the	5439
administration of children services pursuant to section 5153.15 of	5440
the Revised Code; the county board of developmental disabilities;	5441
any of the county's boards of education or governing boards of	5442
educational service centers; or the county's juvenile court. Any	5443
of the foregoing public entities, other than the board of county	5444
commissioners, may decline to serve as the council's	5445
administrative agent.	5446

A county council's administrative agent shall serve as the	5447
council's appointing authority for any employees of the council.	5448
The council shall file an annual budget with its administrative	5449
agent, with copies filed with the county auditor and with the	5450
board of county commissioners, unless the board is serving as the	5451
council's administrative agent. The council's administrative agent	5452
shall ensure that all expenditures are handled in accordance with	5453
policies, procedures, and activities prescribed by state	5454
departments in rules or interagency agreements that are applicable	5455
to the council's functions.	5456

The administrative agent of a county council shall send	5457
notice of a member's absence if a member listed in division (B)(1)	5458
of this section has been absent from either three consecutive	5459
meetings of the county council or a county council subcommittee,	5460
or from one-quarter of such meetings in a calendar year, whichever	5461
is less. The notice shall be sent to the board of county	5462
commissioners that establishes the county council and, for the	5463
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	5464
section, to the governing board overseeing the respective entity;	5465
for the member listed in division (B)(1)(f) of this section, to	5466
the county board of developmental disabilities that employs the	5467
superintendent; for a member listed in division (B)(1)(g) or (h)	5468
of this section, to the school board that employs the	5469
superintendent; for the member listed in division (B)(1)(i) of	5470
this section, to the mayor of the municipal corporation; for the	5471
member listed in division (B)(1)(k) of this section, to the	5472
director of youth services; and for the member listed in division	5473
(B)(1)(n) of this section, to that member's board of trustees.	5474

The administrative agent for a county council may do any of	5475
the following on behalf of the council:	5476

(i) Enter into agreements or administer contracts with public	5477
or private entities to fulfill specific council business. Such	5478
agreements and contracts are exempt from the competitive bidding	5479
requirements of section 307.86 of the Revised Code if they have	5480
been approved by the county council and they are for the purchase	5481
of family and child welfare or child protection services or other	5482
social or job and family services for families and children. The	5483
approval of the county council is not required to exempt	5484
agreements or contracts entered into under section 5139.34,	5485
5139.41, or 5139.43 of the Revised Code from the competitive	5486
bidding requirements of section 307.86 of the Revised Code.	5487

(ii) As determined by the council, provide financial	5488
stipends, reimbursements, or both, to family representatives for	5489
expenses related to council activity;	5490

(iii) Receive by gift, grant, devise, or bequest any moneys,	5491
lands, or other property for the purposes for which the council is	5492
established. The agent shall hold, apply, and dispose of the	5493
moneys, lands, or other property according to the terms of the	5494
gift, grant, devise, or bequest. Any interest or earnings shall be	5495
treated in the same manner and are subject to the same terms as	5496
the gift, grant, devise, or bequest from which it accrues.	5497

(b)(i) If the county council designates the board of county	5498
commissioners as its administrative agent, the board may, by	5499
resolution, delegate any of its powers and duties as	5500
administrative agent to an executive committee the board	5501
establishes from the membership of the county council. The board	5502
shall name to the executive committee at least the individuals	5503
described in divisions (B)(1)(b) to (h) of this section and may	5504
appoint the president of the board or another individual as the	5505
chair of the executive committee. The executive committee must	5506
include at least one family county council representative who does	5507
not have a family member employed by an agency represented on the	5508
council.	5509

(ii) The executive committee may, with the approval of the	5510
board, hire an executive director to assist the county council in	5511
administering its powers and duties. The executive director shall	5512
serve in the unclassified civil service at the pleasure of the	5513
executive committee. The executive director may, with the approval	5514
of the executive committee, hire other employees as necessary to	5515
properly conduct the county council's business.	5516

(iii) The board may require the executive committee to submit	5517
an annual budget to the board for approval and may amend or repeal	5518
the resolution that delegated to the executive committee its	5519
authority as the county council's administrative agent.	5520

(6) Two or more county councils may enter into an agreement	5521
to administer their county councils jointly by creating a regional	5522
family and children first council. A regional council possesses	5523
the same duties and authority possessed by a county council,	5524
except that the duties and authority apply regionally rather than	5525
to individual counties. Prior to entering into an agreement to	5526
create a regional council, the members of each county council to	5527
be part of the regional council shall meet to determine whether	5528
all or part of the members of each county council will serve as	5529
members of the regional council.	5530

(7) A board of county commissioners may approve a resolution	5531
by a majority vote of the board's members that requires the county	5532
council to submit a statement to the board each time the council	5533
proposes to enter into an agreement, adopt a plan, or make a	5534
decision, other than a decision pursuant to section 121.38 of the	5535
Revised Code, that requires the expenditure of funds for two or	5536
more families. The statement shall describe the proposed	5537
agreement, plan, or decision.	5538

Not later than fifteen days after the board receives the	5539
statement, it shall, by resolution approved by a majority of its	5540
members, approve or disapprove the agreement, plan, or decision.	5541
Failure of the board to pass a resolution during that time period	5542
shall be considered approval of the agreement, plan, or decision.	5543

An agreement, plan, or decision for which a statement is	5544
required to be submitted to the board shall be implemented only if	5545
it is approved by the board.	5546

(C) Each county shall develop a county service coordination	5547
mechanism. The county service coordination mechanism shall serve	5548
as the guiding document for coordination of services in the	5549
county. For children who also receive services under the help me	5550
grow program, the service coordination mechanism shall be	5551
consistent with rules adopted by the department of health under	5552
section 3701.61 of the Revised Code. All family service	5553
coordination plans shall be developed in accordance with the	5554
county service coordination mechanism. The mechanism shall be	5555
developed and approved with the participation of the county	5556
entities representing child welfare; mental retardation and	5557
developmental disabilities; alcohol, drug addiction, and mental	5558
health services; health; juvenile judges; education; the county	5559
family and children first council; and the county early	5560
intervention collaborative established pursuant to the federal	5561
early intervention program operated under the "Individuals with	5562
Disabilities Education Act of 2004." The county shall establish an	5563
implementation schedule for the mechanism. The cabinet council may	5564
monitor the implementation and administration of each county's	5565
service coordination mechanism.	5566

Each mechanism shall include all of the following:

5567

(1) A procedure for an agency, including a juvenile court, or	5568
a family voluntarily seeking service coordination, to refer the	5569
child and family to the county council for service coordination in	5570
accordance with the mechanism;	5571

(2) A procedure ensuring that a family and all appropriate	5572
staff from involved agencies, including a representative from the	5573
appropriate school district, are notified of and invited to	5574
participate in all family service coordination plan meetings;	5575

(3) A procedure that permits a family to initiate a meeting	5576
to develop or review the family's service coordination plan and	5577
allows the family to invite a family advocate, mentor, or support	5578
person of the family's choice to participate in any such meeting;	5579

(4) A procedure for ensuring that a family service	5580
coordination plan meeting is conducted for each child who receives	5581
service coordination under the mechanism and for whom an emergency	5582
out-of-home placement has been made or for whom a nonemergency	5583
out-of-home placement is being considered. The meeting shall be	5584
conducted within ten days of an emergency out-of-home placement.	5585
The meeting shall be conducted before a nonemergency out-of-home	5586
placement. The family service coordination plan shall outline how	5587
the county council members will jointly pay for services, where	5588
applicable, and provide services in the least restrictive	5589
environment.	5590

(5) A procedure for monitoring the progress and tracking the	5591
outcomes of each service coordination plan requested in the county	5592
including monitoring and tracking children in out-of-home	5593
placements to assure continued progress, appropriateness of	5594
placement, and continuity of care after discharge from placement	5595
with appropriate arrangements for housing, treatment, and	5596
education.;	5597

(6) A procedure for protecting the confidentiality of all	5598
personal family information disclosed during service coordination	5599
meetings or contained in the comprehensive family service	5600
coordination plan.	5601

(7) A procedure for assessing the needs and strengths of any	5602
child or family that has been referred to the council for service	5603
coordination, including a child whose parent or custodian is	5604
voluntarily seeking services, and for ensuring that parents and	5605
custodians are afforded the opportunity to participate;	5606

(8) A procedure for development of a family service	5607
coordination plan described in division (D) of this section;	5608

(9) A local dispute resolution process to serve as the	5609
process that must be used first to resolve disputes among the	5610
agencies represented on the county council concerning the	5611
provision of services to children, including children who are	5612
abused, neglected, dependent, unruly, alleged unruly, or	5613
delinquent children and under the jurisdiction of the juvenile	5614
court and children whose parents or custodians are voluntarily	5615
seeking services. The local dispute resolution process shall	5616
comply with sections 121.38, 121.381, and 121.382 of the Revised	5617
Code. The local dispute resolution process shall be used to	5618
resolve disputes between a child's parents or custodians and the	5619
county council regarding service coordination. The county council	5620
shall inform the parents or custodians of their right to use the	5621
dispute resolution process. Parents or custodians shall use	5622
existing local agency grievance procedures to address disputes not	5623
involving service coordination. The dispute resolution process is	5624
in addition to and does not replace other rights or procedures	5625
that parents or custodians may have under other sections of the	5626
Revised Code.	5627

The cabinet council shall adopt rules in accordance with	5628
Chapter 119. of the Revised Code establishing an administrative	5629
review process to address problems that arise concerning the	5630
operation of a local dispute resolution process.	5631

Nothing in division (C)(4) of this section shall be	5632
interpreted as overriding or affecting decisions of a juvenile	5633
court regarding an out-of-home placement, long-term placement, or	5634
emergency out-of-home placement.	5635

(D) Each county shall develop a family service coordination	5636
plan that does all of the following:	5637

(1) Designates service responsibilities among the various	5638
state and local agencies that provide services to children and	5639
their families, including children who are abused, neglected,	5640
dependent, unruly, or delinquent children and under the	5641
jurisdiction of the juvenile court and children whose parents or	5642
custodians are voluntarily seeking services;	5643

(2) Designates an individual, approved by the family, to	5644
track the progress of the family service coordination plan,	5645
schedule reviews as necessary, and facilitate the family service	5646
coordination plan meeting process;	5647

(3) Ensures that assistance and services to be provided are	5648
responsive to the strengths and needs of the family, as well as	5649
the family's culture, race, and ethnic group, by allowing the	5650
family to offer information and suggestions and participate in	5651
decisions. Identified assistance and services shall be provided in	5652
the least restrictive environment possible.	5653

(4) Includes a process for dealing with a child who is	5654
alleged to be an unruly child. The process shall include methods	5655
to divert the child from the juvenile court system;	5656

(5) Includes timelines for completion of goals specified in	5657
the plan with regular reviews scheduled to monitor progress toward	5658
those goals;	5659

(6) Includes a plan for dealing with short-term crisis	5660
situations and safety concerns.	5661

(E)(1) The process provided for under division (D)(4) of this	5662
section may include, but is not limited to, the following:	5663

(a) Designation of the person or agency to conduct the	5664
assessment of the child and the child's family as described in	5665
division (C)(7) of this section and designation of the instrument	5666
or instruments to be used to conduct the assessment;	5667

(b) An emphasis on the personal responsibilities of the child	5668
and the parental responsibilities of the parents, guardian, or	5669
custodian of the child;	5670

(c) Involvement of local law enforcement agencies and	5671
officials.	5672

(2) The method to divert a child from the juvenile court	5673
system that must be included in the service coordination process	5674
may include, but is not limited to, the following:	5675

(a) The preparation of a complaint under section 2151.27 of	5676
the Revised Code alleging that the child is an unruly child and	5677
notifying the child and the parents, guardian, or custodian that	5678
the complaint has been prepared to encourage the child and the	5679
parents, guardian, or custodian to comply with other methods to	5680
divert the child from the juvenile court system;	5681

(b) Conducting a meeting with the child, the parents,	5682
guardian, or custodian, and other interested parties to determine	5683
the appropriate methods to divert the child from the juvenile	5684
court system;	5685

(c) A method to provide to the child and the child's family a	5686
short-term respite from a short-term crisis situation involving a	5687
confrontation between the child and the parents, guardian, or	5688
custodian;	5689

(d) A program to provide a mentor to the child or the	5690
parents, guardian, or custodian;	5691

(e) A program to provide parenting education to the parents,	5692
guardian, or custodian;	5693

(f) An alternative school program for children who are truant	5694
from school, repeatedly disruptive in school, or suspended or	5695
expelled from school;	5696

(g) Other appropriate measures, including, but not limited	5697
to, any alternative methods to divert a child from the juvenile	5698
court system that are identified by the Ohio family and children	5699
first cabinet council.	5700

(F) Each county may review and revise the service	5701
coordination process described in division (D) of this section	5702
based on the availability of funds under Title IV-A of the "Social	5703
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	5704
or to the extent resources are available from any other federal,	5705
state, or local funds.	5706

Sec. 121.372. (A) As used in this section, "substitute care	5707
provider" means any of the following:	5708

(1) ~~An alcohol and drug~~A community addiction ~~program~~	5709
services provider subject to certification under section ~~3793.06~~	5710
5119.36 of the Revised Code;	5711

(2) An institution or association subject to certification	5712
under section 5103.03 of the Revised Code;	5713

(3) A residential facility subject to licensure under section	5714
~~5119.22~~5119.34 of the Revised Code;	5715

(4) A residential facility subject to licensure under section	5716
5123.19 of the Revised Code.	5717

(B) Not later than ninety days after ~~the effective date of~~	5718
~~this section~~March 18, 1999, the members of the Ohio family and	5719
children first cabinet council, other than the director of budget	5720
and management, shall enter into an agreement to establish an	5721
office to perform the duties prescribed by division (C) of this	5722
section. The agreement shall specify one of the departments	5723
represented on the council as the department responsible for	5724
housing and supervising the office. The agreement shall include	5725
the recommendation of the council for funding the office.	5726

(C) The office established pursuant to the agreement entered	5727
into under this section shall review rules governing the	5728
certification and licensure of substitute care providers and	5729
determine which of the rules can be made substantively identical	5730
or more similar in order to minimize the number of differing	5731
certification and licensure standards and simplify the	5732
certification or licensure process for substitute care providers	5733
seeking certification or licensure from two or more of the	5734
departments represented on the council. The office shall provide	5735
county family and children first councils, substitute care	5736
providers, and persons interested in substitute care providers the	5737
opportunity to help the office with the review and determination.	5738
The office shall report its findings to the council. Each of the	5739
departments represented on the council that has adopted rules	5740
governing the certification or licensure of substitute care	5741
providers shall review the report and amend the rules as that	5742
department considers appropriate, except that no rule shall be	5743
amended so as to make it inconsistent with substitute care	5744
provider certification or licensure procedures and standards	5745
established by federal or state law. A department shall give	5746
priority to amendments that will not increase the department's	5747
administrative costs. In amending a rule, a department shall	5748
comply with Chapter 119. or section 111.15 of the Revised Code, as	5749
required by the Revised Code section governing the adoption of the	5750
particular rule.	5751

(D) In accordance with section 124.27 of the Revised Code,	5752
the council shall select a coordinator to oversee the office	5753
established pursuant to the agreement entered into under this	5754
section. The coordinator shall be in the classified service. In	5755
addition to overseeing the office, the coordinator shall perform	5756
any other duties the council assigns to the coordinator. The	5757
duties the council assigns to the coordinator shall be related to	5758
the duties of the office under division (C) of this section.	5759

Sec. 121.483. A deputy inspector general appointed under	5760
section 121.48 of the Revised Code, who has been awarded a	5761
certificate by the executive director of the Ohio peace officer	5762
training commission attesting to the person's satisfactory	5763
completion of an approved state, county, or municipal peace	5764
officer basic training program, shall have the power and authority	5765
of a peace officer under the laws of this state while engaged in	5766
the scope of the deputy inspector general's duties.	5767

Sec. 122.075. (A) As used in this section:

5768

(1) "Alternative fuel" has the same meaning as in section	5769
125.831 of the Revised Code.	5770

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	5771
fuel that is derived from vegetable oils or animal fats, or any	5772
combination of those reagents, and that meets American society for	5773
testing and materials specification D6751-03a for biodiesel fuel	5774
(B100) blend stock distillate fuels.	5775

(3) "Diesel fuel" and "gasoline" have the same meanings as in	5776
section 5735.01 of the Revised Code.	5777

(4) "Ethanol" has the same meaning as in section 5733.46 of	5778
the Revised Code.	5779

(5) "Blended biodiesel" means diesel fuel containing at least	5780
twenty per cent biodiesel by volume.	5781

(6) "Blended gasoline" means gasoline containing at least	5782
eighty-five per cent ethanol by volume.	5783

(7) "Incremental cost" means either of the following:

5784

(a) The difference in cost between blended gasoline and	5785
gasoline containing ten per cent or less ethanol at the time that	5786
the blended gasoline is purchased;	5787

(b) The difference in cost between blended biodiesel and	5788
diesel fuel containing two per cent or less biodiesel at the time	5789
that the blended biodiesel is purchased.	5790

(B) For the purpose of improving the air quality in this	5791
state, the director of development services shall establish an	5792
alternative fuel transportation program under which the director	5793
may make grants and loans to businesses, nonprofit organizations,	5794
public school systems, or local governments for the purchase and	5795
installation of alternative fuel refueling or distribution	5796
facilities and terminals, for the purchase and use of alternative	5797
fuel, to pay the cost of fleet conversion, and to pay the costs of	5798
educational and promotional materials and activities intended for	5799
prospective alternative fuel consumers, fuel marketers, and others	5800
in order to increase the availability and use of alternative fuel.	5801

(C) The director, in consultation with the director of	5802
agriculture, shall adopt rules in accordance with Chapter 119. of	5803
the Revised Code that are necessary for the administration of the	5804
alternative fuel transportation program. The rules shall establish	5805
at least all of the following:	5806

(1) An application form and procedures governing the	5807
application process for receiving funds under the program;	5808

(2) A procedure for prioritizing the award of grants and	5809
loans under the program. The procedures shall give preference to	5810
all of the following:	5811

(a) Publicly accessible refueling facilities;

5812

(b) Entities applying to the program that have secured	5813
funding from other sources, including, but not limited to, private	5814
or federal incentives;	5815

(c) Entities that have presented compelling evidence of	5816
demand in the market in which the facilities or terminals will be	5817
located;	5818

(d) Entities that have committed to utilizing purchased or	5819
installed facilities or terminals for the greatest number of	5820
years;	5821

(e) Entities that will be purchasing or installing facilities	5822
or terminals for any type of alternative fuel.	5823

(3) A requirement that the maximum incentive for the purchase	5824
and installation of an alternative fuel refueling or distribution	5825
facility or terminal be eighty per cent of the cost of the	5826
facility or terminal, except that at least twenty per cent of the	5827
total ~~net~~ cost of the facility or terminal shall be incurred by	5828
the recipient and not compensated for by any other source;	5829

(4) A requirement that the maximum incentive for the purchase	5830
of alternative fuel be eighty per cent of the cost of the fuel or,	5831
in the case of blended biodiesel or blended gasoline, eighty per	5832
cent of the incremental cost of the blended biodiesel or blended	5833
gasoline;	5834

(5) Any other criteria, procedures, or guidelines that the	5835
director determines are necessary to administer the program,	5836
including fees, charges, interest rates, and payment schedules.	5837

(D) An applicant for a grant or loan under this section that	5838
sells motor vehicle fuel at retail shall agree that if the	5839
applicant receives funding, the applicant will report to the	5840
director the gallon or gallon equivalent amounts of alternative	5841
fuel the applicant sells at retail in this state for a period of	5842
three years after the project is completed.	5843

The director shall enter into a written confidentiality	5844
agreement with the applicant regarding the gallon or gallon	5845
equivalent amounts sold as described in this division, and upon	5846
execution of the agreement this information is not a public	5847
record.	5848

(E) There is hereby created in the state treasury the	5849
alternative fuel transportation fund. The fund shall consist of	5850
money transferred to the fund under division ~~(C)~~(B) of section	5851
125.836 and under division (B)(2) of section 3706.27 of the	5852
Revised Code, money that is appropriated to it by the general	5853
assembly, ~~and~~ money as may be specified by the general assembly	5854
from the advanced energy fund created by section 4928.61 of the	5855
Revised Code, and all money received from the repayment of loans	5856
made from the fund or in the event of a default on any such loan.	5857
Money in the fund shall be used to make grants and loans under the	5858
alternative fuel transportation program and by the director in the	5859
administration of that program.	5860

Sec. 122.083. (A) The director of development shall	5861
administer a shovel ready sites program to provide grants for	5862
projects to port authorities and development entities approved by	5863
the director. Grants may be used to pay the costs of any or all of	5864
the following:	5865

(1) Acquisition of property, including options;

5866

(2) Preparation of sites, including brownfield clean-up	5867
activities;	5868

(3) Construction of road, water, telecommunication, and	5869
utility infrastructure;	5870

(4) Payment of professional fees the amount of which shall	5871
not exceed twenty per cent of the grant amount for a project.	5872

(B) The director shall adopt rules in accordance with Chapter	5873
119. of the Revised Code that establish procedures and	5874
requirements necessary for the administration of the program,	5875
including a requirement that a recipient of a grant enter into an	5876
agreement with the director governing the use of the grant.	5877

~~(C) There is hereby created in the state treasury the shovel~~	5878
~~ready sites fund consisting of money appropriated to it. Money in~~	5879
~~the fund shall be used solely for the purposes of this section.~~	5880

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

5881

(1) "Income tax revenue" means the total amount withheld	5882
under section 5747.06 of the Revised Code by the taxpayer during	5883
the taxable year, or during the calendar year that includes the	5884
tax period, from the compensation of each employee or each	5885
home-based employee employed in the project to the extent the	5886
employee's withholdings are not used to determine the credit under	5887
section 122.171 of the Revised Code. "Income tax revenue" excludes	5888
amounts withheld before the day the taxpayer becomes eligible for	5889
the credit.	5890

(2) "Baseline income tax revenue" means income tax revenue	5891
except that the applicable withholding period is the twelve months	5892
immediately preceding the date the tax credit authority approves	5893
the taxpayer's application or the date the tax credit authority	5894
receives the recommendation described in division (C)(2)(a) of	5895
this section, whichever occurs first, multiplied by the sum of one	5896
plus an annual pay increase factor to be determined by the tax	5897
credit authority. If the taxpayer becomes eligible for the credit	5898
after the first day of the taxpayer's taxable year or after the	5899
first day of the calendar year that includes the tax period, the	5900
taxpayer's baseline income tax revenue for the first such taxable	5901
or calendar year of credit eligibility shall be reduced in	5902
proportion to the number of days during the taxable or calendar	5903
year for which the taxpayer was not eligible for the credit. For	5904
subsequent taxable or calendar years, "baseline income tax	5905
revenue" equals the unreduced baseline income tax revenue for the	5906
preceding taxable or calendar year multiplied by the sum of one	5907
plus the pay increase factor.	5908

(3) "Excess income tax revenue" means income tax revenue	5909
minus baseline income tax revenue.	5910

(4) "Home-based employee" means an employee whose services	5911
are performed primarily from the employee's residence in this	5912
state exclusively for the benefit of the project and whose rate of	5913
pay is at least one hundred thirty-one per cent of the federal	5914
minimum wage under 29 U.S.C. 206.	5915

(B) The tax credit authority may make grants under this	5916
section to foster job creation in this state. Such a grant shall	5917
take the form of a refundable credit allowed against the tax	5918
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02	5919
or levied under Chapter 5751. of the Revised Code. The credit	5920
shall be claimed for the taxable years or tax periods specified in	5921
the taxpayer's agreement with the tax credit authority under	5922
division (D) of this section. With respect to taxes imposed under	5923
section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the	5924
Revised Code, the credit shall be claimed in the order required	5925
under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised	5926
Code. The amount of the credit available for a taxable year or for	5927
a calendar year that includes a tax period equals the excess	5928
income tax revenue for that year multiplied by the percentage	5929
specified in the agreement with the tax credit authority. Any	5930
credit granted under this section against the tax imposed by	5931
section 5733.06 or 5747.02 of the Revised Code, to the extent not	5932
fully utilized against such tax for taxable years ending prior to	5933
2008, shall automatically be converted without any action taken by	5934
the tax credit authority to a credit against the tax levied under	5935
Chapter 5751. of the Revised Code for tax periods beginning on or	5936
after July 1, 2008, provided that the person to whom the credit	5937
was granted is subject to such tax. The converted credit shall	5938
apply to those calendar years in which the remaining taxable years	5939
specified in the agreement end.	5940

(C)(1) A taxpayer or potential taxpayer who proposes a	5941
project to create new jobs in this state may apply to the tax	5942
credit authority to enter into an agreement for a tax credit under	5943
this section.	5944

An application shall not propose to include both home-based	5945
employees and employees who are not home-based employees in the	5946
computation of income tax revenue for the purposes of the same tax	5947
credit agreement. If a taxpayer or potential taxpayer employs both	5948
home-based employees and employees who are not home-based	5949
employees in a project, the taxpayer shall submit separate	5950
applications for separate tax credit agreements for the project,	5951
one of which shall include home-based employees in the computation	5952
of income tax revenue and one of which shall include all other	5953
employees in the computation of income tax revenue.	5954

The director of development services shall prescribe the form	5955
of the application. After receipt of an application, the authority	5956
may enter into an agreement with the taxpayer for a credit under	5957
this section if it determines all of the following:	5958

(a) The taxpayer's project will increase payroll and income	5959
tax revenue;	5960

(b) The taxpayer's project is economically sound and will	5961
benefit the people of this state by increasing opportunities for	5962
employment and strengthening the economy of this state;	5963

(c) Receiving the tax credit is a major factor in the	5964
taxpayer's decision to go forward with the project.	5965

(2)(a) A taxpayer that chooses to begin the project prior to	5966
receiving the determination of the authority may, upon submitting	5967
the taxpayer's application to the authority, request that the	5968
chief investment officer of the nonprofit corporation formed under	5969
section 187.01 of the Revised Code and the director review the	5970
taxpayer's application and recommend to the authority that the	5971
taxpayer's application be considered. As soon as possible after	5972
receiving such a request, the chief investment officer and the	5973
director shall review the taxpayer's application and, if they	5974
determine that the application warrants consideration by the	5975
authority, make that recommendation to the authority not later	5976
than six months after the application is received by the	5977
authority.	5978

(b) The authority shall consider any taxpayer's application	5979
for which it receives a recommendation under division (C)(2)(a) of	5980
this section. If the authority determines that the taxpayer does	5981
not meet all of the criteria set forth in division (C)(1) of this	5982
section, the authority and the development services agency shall	5983
proceed in accordance with rules adopted by the director pursuant	5984
to division (I) of this section.	5985

(D) An agreement under this section shall include all of the	5986
following:	5987

(1) A detailed description of the project that is the subject	5988
of the agreement;	5989

(2)(a) The term of the tax credit, which, except as provided	5990
in division (D)(2)(b) of this section, shall not exceed fifteen	5991
years, and the first taxable year, or first calendar year that	5992
includes a tax period, for which the credit may be claimed;	5993

(b) If the tax credit is computed on the basis of home-based	5994
employees, the term of the credit shall expire on or before the	5995
last day of the taxable or calendar year ending before the	5996
beginning of the seventh year after September 6, 2012, the	5997
effective date of H.B. 327 of the 129th general assembly;.	5998

(3) A requirement that the taxpayer shall maintain operations	5999
at the project location for at least the greater of seven years or	6000
the term of the credit plus three years;	6001

(4) The percentage, as determined by the tax credit	6002
authority, of excess income tax revenue that will be allowed as	6003
the amount of the credit for each taxable year or for each	6004
calendar year that includes a tax period;	6005

(5) The pay increase factor to be applied to the taxpayer's	6006
baseline income tax revenue;	6007

(6) A requirement that the taxpayer annually shall report to	6008
the director of development services employment, tax withholding,	6009
investment, the provision of health care benefits and tuition	6010
reimbursement if required in the agreement, and other information	6011
the director needs to perform the director's duties under this	6012
section;	6013

(7) A requirement that the director of development services	6014
annually review the information reported under division (D)(6) of	6015
this section and verify compliance with the agreement; if the	6016
taxpayer is in compliance, a requirement that the director issue a	6017
certificate to the taxpayer stating that the information has been	6018
verified and identifying the amount of the credit that may be	6019
claimed for the taxable or calendar year;	6020

(8) A provision providing that the taxpayer may not relocate	6021
a substantial number of employment positions from elsewhere in	6022
this state to the project location unless the director of	6023
development services determines that the legislative authority of	6024
the county, township, or municipal corporation from which the	6025
employment positions would be relocated has been notified by the	6026
taxpayer of the relocation.	6027

For purposes of this section, the movement of an employment	6028
position from one political subdivision to another political	6029
subdivision shall be considered a relocation of an employment	6030
position unless the employment position in the first political	6031
subdivision is replaced.	6032

(9) If the tax credit is computed on the basis of home-based	6033
employees, that the tax credit may not be claimed by the taxpayer	6034
until the taxable year or tax period in which the taxpayer employs	6035
at least two hundred employees more than the number of employees	6036
the taxpayer employed on June 30, 2011.	6037

(E) If a taxpayer fails to meet or comply with any condition	6038
or requirement set forth in a tax credit agreement, the tax credit	6039
authority may amend the agreement to reduce the percentage or term	6040
of the tax credit. The reduction of the percentage or term may	6041
take effect in the current taxable or calendar year.	6042

(F) Projects that consist solely of point-of-final-purchase	6043
retail facilities are not eligible for a tax credit under this	6044
section. If a project consists of both point-of-final-purchase	6045
retail facilities and nonretail facilities, only the portion of	6046
the project consisting of the nonretail facilities is eligible for	6047
a tax credit and only the excess income tax revenue from the	6048
nonretail facilities shall be considered when computing the amount	6049
of the tax credit. If a warehouse facility is part of a	6050
point-of-final-purchase retail facility and supplies only that	6051
facility, the warehouse facility is not eligible for a tax credit.	6052
Catalog distribution centers are not considered	6053
point-of-final-purchase retail facilities for the purposes of this	6054
division, and are eligible for tax credits under this section.	6055

(G) Financial statements and other information submitted to	6056
the development services agency or the tax credit authority by an	6057
applicant or recipient of a tax credit under this section, and any	6058
information taken for any purpose from such statements or	6059
information, are not public records subject to section 149.43 of	6060
the Revised Code. However, the chairperson of the authority may	6061
make use of the statements and other information for purposes of	6062
issuing public reports or in connection with court proceedings	6063
concerning tax credit agreements under this section. Upon the	6064
request of the tax commissioner or, if the applicant or recipient	6065
is an insurance company, upon the request of the superintendent of	6066
insurance, the chairperson of the authority shall provide to the	6067
commissioner or superintendent any statement or information	6068
submitted by an applicant or recipient of a tax credit in	6069
connection with the credit. The commissioner or superintendent	6070
shall preserve the confidentiality of the statement or	6071
information.	6072

(H) A taxpayer claiming a credit under this section shall	6073
submit to the tax commissioner or, if the taxpayer is an insurance	6074
company, to the superintendent of insurance, a copy of the	6075
director of development services' certificate of verification	6076
under division (D)(7) of this section with the taxpayer's tax	6077
report or return for the taxable year or for the calendar year	6078
that includes the tax period. Failure to submit a copy of the	6079
certificate with the report or return does not invalidate a claim	6080
for a credit if the taxpayer submits a copy of the certificate to	6081
the commissioner or superintendent within sixty days after the	6082
commissioner or superintendent requests it.	6083

(I) The director of development services, after consultation	6084
with the tax commissioner and the superintendent of insurance and	6085
in accordance with Chapter 119. of the Revised Code, shall adopt	6086
rules necessary to implement this section, including rules that	6087
establish a procedure to be followed by the tax credit authority	6088
and the development services agency in the event the authority	6089
considers a taxpayer's application for which it receives a	6090
recommendation under division (C)(2)(a) of this section but does	6091
not approve it. The rules may provide for recipients of tax	6092
credits under this section to be charged fees to cover	6093
administrative costs of the tax credit program. The fees collected	6094
shall be credited to the business assistance fund created in	6095
section 122.174 of the Revised Code. At the time the director	6096
gives public notice under division (A) of section 119.03 of the	6097
Revised Code of the adoption of the rules, the director shall	6098
submit copies of the proposed rules to the chairpersons of the	6099
standing committees on economic development in the senate and the	6100
house of representatives.	6101

(J) For the purposes of this section, a taxpayer may include	6102
a partnership, a corporation that has made an election under	6103
subchapter S of chapter one of subtitle A of the Internal Revenue	6104
Code, or any other business entity through which income flows as a	6105
distributive share to its owners. A partnership, S-corporation, or	6106
other such business entity may elect to pass the credit received	6107
under this section through to the persons to whom the income or	6108
profit of the partnership, S-corporation, or other entity is	6109
distributed. The election shall be made on the annual report	6110
required under division (D)(6) of this section. The election	6111
applies to and is irrevocable for the credit for which the report	6112
is submitted. If the election is made, the credit shall be	6113
apportioned among those persons in the same proportions as those	6114
in which the income or profit is distributed.	6115

(K) If the director of development services determines that a	6116
taxpayer who has received a credit under this section is not	6117
complying with the requirement under division (D)(3) of this	6118
section, the director shall notify the tax credit authority of the	6119
noncompliance. After receiving such a notice, and after giving the	6120
taxpayer an opportunity to explain the noncompliance, the tax	6121
credit authority may require the taxpayer to refund to this state	6122
a portion of the credit in accordance with the following:	6123

(1) If the taxpayer maintained operations at the project	6124
location for a period less than or equal to the term of the	6125
credit, an amount not exceeding one hundred per cent of the sum of	6126
any credits allowed and received under this section;	6127

(2) If the taxpayer maintained operations at the project	6128
location for a period longer than the term of the credit, but less	6129
than the greater of seven years or the term of the credit plus	6130
three years, an amount not exceeding seventy-five per cent of the	6131
sum of any credits allowed and received under this section.	6132

In determining the portion of the tax credit to be refunded	6133
to this state, the tax credit authority shall consider the effect	6134
of market conditions on the taxpayer's project and whether the	6135
taxpayer continues to maintain other operations in this state.	6136
After making the determination, the authority shall certify the	6137
amount to be refunded to the tax commissioner or superintendent of	6138
insurance, as appropriate. If the amount is certified to the	6139
commissioner, the commissioner shall make an assessment for that	6140
amount against the taxpayer under Chapter 5726., 5733., 5747., or	6141
5751. of the Revised Code. If the amount is certified to the	6142
superintendent, the superintendent shall make an assessment for	6143
that amount against the taxpayer under Chapter 5725. or 5729. of	6144
the Revised Code. The time limitations on assessments under those	6145
chapters do not apply to an assessment under this division, but	6146
the commissioner or superintendent, as appropriate, shall make the	6147
assessment within one year after the date the authority certifies	6148
to the commissioner or superintendent the amount to be refunded.	6149

(L) On or before the first day of August each year, the	6150
director of development services shall submit a report to the	6151
governor, the president of the senate, and the speaker of the	6152
house of representatives on the tax credit program under this	6153
section. The report shall include information on the number of	6154
agreements that were entered into under this section during the	6155
preceding calendar year, a description of the project that is the	6156
subject of each such agreement, and an update on the status of	6157
projects under agreements entered into before the preceding	6158
calendar year.	6159

(M) There is hereby created the tax credit authority, which	6160
consists of the director of development services and four other	6161
members appointed as follows: the governor, the president of the	6162
senate, and the speaker of the house of representatives each shall	6163
appoint one member who shall be a specialist in economic	6164
development; the governor also shall appoint a member who is a	6165
specialist in taxation. Of the initial appointees, the members	6166
appointed by the governor shall serve a term of two years; the	6167
members appointed by the president of the senate and the speaker	6168
of the house of representatives shall serve a term of four years.	6169
Thereafter, terms of office shall be for four years. Initial	6170
appointments to the authority shall be made within thirty days	6171
after January 13, 1993. Each member shall serve on the authority	6172
until the end of the term for which the member was appointed.	6173
Vacancies shall be filled in the same manner provided for original	6174
appointments. Any member appointed to fill a vacancy occurring	6175
prior to the expiration of the term for which the member's	6176
predecessor was appointed shall hold office for the remainder of	6177
that term. Members may be reappointed to the authority. Members of	6178
the authority shall receive their necessary and actual expenses	6179
while engaged in the business of the authority. The director of	6180
development services shall serve as chairperson of the authority,	6181
and the members annually shall elect a vice-chairperson from among	6182
themselves. Three members of the authority constitute a quorum to	6183
transact and vote on the business of the authority. The majority	6184
vote of the membership of the authority is necessary to approve	6185
any such business, including the election of the vice-chairperson.	6186

The director of development services may appoint a	6187
professional employee of the development services agency to serve	6188
as the director's substitute at a meeting of the authority. The	6189
director shall make the appointment in writing. In the absence of	6190
the director from a meeting of the authority, the appointed	6191
substitute shall serve as chairperson. In the absence of both the	6192
director and the director's substitute from a meeting, the	6193
vice-chairperson shall serve as chairperson.	6194

(N) For purposes of the credits granted by this section	6195
against the taxes imposed under sections 5725.18 and 5729.03 of	6196
the Revised Code, "taxable year" means the period covered by the	6197
taxpayer's annual statement to the superintendent of insurance.	6198

(O) On or before the first day of ~~January~~March of each of	6199
the ~~six~~five calendar years ~~following the year in which H.B. 327~~	6200
~~of the 129th general assembly becomeseffective~~beginning with	6201
2014, each taxpayer subject to an agreement with the tax credit	6202
authority under this section on the basis of home-based employees	6203
shall report the number of home-based employees and other	6204
employees employed by the taxpayer in this state to the ~~department~~	6205
of development services agency.	6206

(P) On or before the first day of January of ~~the seventh~~	6207
~~calendar year following the year in which H.B. 327 of the 129th~~	6208
~~general assembly became effective~~2019, the director of	6209
development services shall submit a report to the governor, the	6210
president of the senate, and the speaker of the house of	6211
representatives on the effect of agreements entered into under	6212
this section in which the taxpayer included home-based employees	6213
in the computation of income tax revenue. The report shall include	6214
information on the number of such agreements that were entered	6215
into in the preceding six years, a description of the projects	6216
that were the subjects of such agreements, and an analysis of	6217
nationwide home-based employment trends, including the number of	6218
home-based jobs created from July 1, 2011, through June 30, 2017,	6219
and a description of any home-based employment tax incentives	6220
provided by other states during that time.	6221

(Q) The director of development services may require any	6222
agreement entered into under this section for a tax credit	6223
computed on the basis of home-based employees to contain a	6224
provision that the taxpayer makes available health care benefits	6225
and tuition reimbursement to all employees.	6226

Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36	6227
of the Revised Code:	6228

(A) "New technology" means the development through science or	6229
research of methods, processes, and procedures, including but not	6230
limited to those involving the processing and utilization of coal,	6231
for practical application in industrial or agribusiness	6232
situations.	6233

(B) "Industrial research" means study and investigation in	6234
giving new shapes, new qualities or new combinations to matter or	6235
material products by the application of labor thereto or the	6236
rehabilitation of an existing matter or material product.	6237

(C) "Enterprise" means a business with its principal place of	6238
business in this state or which proposes to be engaged in this	6239
state in research and development or in the provision of products	6240
or services involving a significant amount of new technology.	6241

(D) "Educational institutions" means nonprofit public and	6242
private colleges and universities, incorporated or unincorporated,	6243
in the state.	6244

(E) "Small business" means an enterprise with less than four	6245
hundred employees, including corporations, partnerships,	6246
unincorporated entities, proprietorships, and joint enterprises.	6247

(F) "Applied research" means the application of basic	6248
research for the development of new technology.	6249

Sec. 122.30. The ~~industrial technology and enterprise~~	6250
~~advisory council and the~~ director of development ~~are~~services is	6251
vested with the powers and duties provided in sections 122.28 and	6252
122.30 to 122.36 of the Revised Code, to promote the welfare of	6253
the people of the state through the interaction of the business	6254
and industrial community and educational institutions in the	6255
development of new technology and enterprise.	6256

(A) It is necessary for the state to establish the ~~industrial~~	6257
~~technology and enterprise advisory council and the~~ programs	6258
created pursuant to sections 122.28 and 122.30 to 122.36 of the	6259
Revised Code to accomplish the following purposes which are	6260
determined to be essential:	6261

(1) Improve the existing industrial and agricultural base of	6262
the state;	6263

(2) Improve the economy of the state by providing employment,	6264
increasing productivity, and slowing the rate of inflation;	6265

(3) Develop markets worldwide for the products of the state's	6266
natural resources and agricultural and manufacturing industries;	6267

(4) Maintain a high standard of living for the people of the	6268
state.	6269

(B) ~~The industrial technology and enterprise advisory council~~	6270
~~shall do all of the following:~~	6271

~~(1) Make recommendations to the director of development as to~~	6272
~~applications for assistance pursuant to sections 122.28 to 122.36~~	6273
~~of the Revised Code. The council may revise its recommendations to~~	6274
~~reflect any changes in the proposed assistance made by the~~	6275
~~director.~~	6276

~~(2) Advise the director in the administration of sections~~	6277
~~122.28 to 122.36 of the Revised Code;~~	6278

~~(3) Adopt bylaws to govern the conduct of the council's~~	6279
~~business.~~	6280

~~(C)~~ The director ~~of development~~ shall do all of the	6281
following:	6282

(1) Receive applications for assistance under sections 122.28	6283
and 122.30 to 122.36 of the Revised Code ~~and, after processing,~~	6284
~~forward them to the council together with necessary supporting~~	6285
~~information~~;	6286

(2) ~~Receive the recommendations of the council and make~~Make	6287
a ~~final~~ determination whether to approve the application for	6288
assistance;	6289

(3) Transmit determinations to approve assistance exceeding	6290
forty thousand dollars to the controlling board, together with any	6291
information the controlling board requires, for the board's review	6292
and decision as to whether to approve the assistance;	6293

(4) Gather and disseminate information and conduct hearings,	6294
conferences, seminars, investigations, and special studies on	6295
problems and programs concerning industrial research and new	6296
technology and their commercial applications in the state;	6297

(5) Establish an annual program to recognize the	6298
accomplishments and contributions of individuals and organizations	6299
in the development of industrial research and new technology in	6300
the state;	6301

(6) Stimulate both public and industrial awareness and	6302
interest in industrial research and development of new technology	6303
primarily in the areas of industrial processes, implementation,	6304
energy, agribusiness, medical technology, avionics, and food	6305
processing;	6306

(7) Develop and implement comprehensive and coordinated	6307
policies, programs, and procedures promoting industrial research	6308
and new technology;	6309

(8) Propose appropriate legislation or executive actions to	6310
stimulate the development of industrial research and new	6311
technology by enterprises and individuals;	6312

(9) Encourage and facilitate contracts between industry,	6313
agriculture, educational institutions, federal agencies, and state	6314
agencies, with special emphasis on industrial research and new	6315
technology by small businesses and agribusiness;	6316

(10) Participate with any state agency in developing specific	6317
programs and goals to assist in the development of industrial	6318
research and new technology and monitor performance;	6319

(11) Assist enterprises in obtaining alternative forms of	6320
governmental or commercial financing for industrial research and	6321
new technology;	6322

(12) Assist enterprises or individuals in the implementation	6323
of new programs and policies and the expansion of existing	6324
programs to provide an atmosphere conducive to increased	6325
cooperation among and participation by individuals, enterprises,	6326
and educational institutions engaged in industrial research and	6327
the development of new technology;	6328

(13) Advertise, prepare, print, and distribute books, maps,	6329
pamphlets, and other information ~~which in the judgment of the~~	6330
~~director will further its purposes~~;	6331

(14) Include in the director's annual report to the governor	6332
and the general assembly a report on the activities for the	6333
preceding calendar year under sections 122.28 and 122.30 to 122.36	6334
of the Revised Code;	6335

(15) Approve the expenditure of money appropriated by the	6336
general assembly for the purpose of sections 122.28 and 122.30 to	6337
122.36 of the Revised Code;	6338

(16) Identify and implement federal research and development	6339
programs which would link Ohio's industrial base, research	6340
facilities, and natural resources;	6341

(17) Employ and fix the compensation of technical and	6342
professional personnel, who shall be in the unclassified civil	6343
service, and employ other personnel, who shall be in the	6344
classified civil service, as necessary to carry out the provisions	6345
of sections 122.28 and 122.30 to 122.36 of the Revised Code.	6346

Sec. 122.31. All expenses and obligations incurred by the	6347
director of development ~~and the industrial technology and~~	6348
~~enterprise advisory council~~services in carrying out ~~their~~the	6349
director's powers and ~~in exercising their~~ duties under sections	6350
122.28 and 122.30 to 122.36 of the Revised Code, are payable from	6351
revenues or other receipts or income from grants, gifts,	6352
contributions, compensation, reimbursement, and funds established	6353
in accordance with those sections or general revenue funds	6354
appropriated by the general assembly for operating expenses of the	6355
director ~~or council~~.	6356

Sec. 122.32. The director of development services, on behalf	6357
of the programs authorized pursuant to sections 122.28 and 122.30	6358
to 122.36 of the Revised Code, may receive and accept grants,	6359
gifts, and contributions of money, property, labor, and other	6360
things of value to be held, used, and applied only for the purpose	6361
for which the grants, gifts, and contributions are made, from	6362
individuals, private and public corporations, from the United	6363
States or any agency of the United States, and from any political	6364
subdivision of the state. The director may agree to repay any	6365
contribution of money or to return any property contributed or its	6366
value at times, in amounts, and on terms and conditions excluding	6367
the payment of interest as the director determines at the time the	6368
contribution is made. The director may evidence the obligation by	6369
written contracts, subject to section 122.31 of the Revised Code,	6370
provided that the director shall not thereby incur indebtedness of	6371
or impose liability upon the state or any political subdivision.	6372

Sec. 122.33. The director of development services shall	6373
administer the following programs:	6374

(A) The industrial technology and enterprise development	6375
grant program, to provide capital to acquire, construct, enlarge,	6376
improve, or equip and to sell, lease, exchange, and otherwise	6377
dispose of property, structures, equipment, and facilities within	6378
the state.	6379

Such funding may be made to enterprises that propose to	6380
develop new products or technologies when the director finds all	6381
of the following factors to be present:	6382

(1) The undertaking will benefit the people of the state by	6383
creating or preserving jobs and employment opportunities or	6384
improving the economic welfare of the people of the state, and	6385
promoting the development of new technology.	6386

(2) There is reasonable assurance that the potential	6387
royalties to be derived from the sale of the product or process	6388
described in the proposal will be sufficient to repay the funding	6389
pursuant to sections 122.28 and 122.30 to 122.36 of the Revised	6390
Code and that, in making the agreement, as it relates to patents,	6391
copyrights, and other ownership rights, there is reasonable	6392
assurance that the resulting new technology will be utilized to	6393
the maximum extent possible in facilities located in Ohio.	6394

(3) The technology and research to be undertaken will allow	6395
enterprises to compete more effectively in the marketplace. Grants	6396
of capital may be in such form and conditioned upon such terms as	6397
the ~~board~~director deems appropriate.	6398

(B) The industrial technology and enterprise resources	6399
program to provide for the collection, dissemination, and exchange	6400
of information regarding equipment, facilities, and business	6401
planning consultation resources available in business, industry,	6402
and educational institutions and to establish methods by which	6403
small businesses may use available facilities and resources. The	6404
methods may include, but need not be limited to, leases	6405
reimbursing the educational institutions for their actual costs	6406
incurred in maintaining the facilities and agreements assigning	6407
royalties from development of successful products or processes	6408
through the use of the facilities and resources. The director	6409
shall operate this program in conjunction with the board of	6410
regents.	6411

(C) The Thomas Alva Edison grant program to provide grants to	6412
foster research, development, or technology transfer efforts	6413
involving enterprises and educational institutions that will lead	6414
to the creation of jobs. The director shall utilize the Edison	6415
center network in carrying out the goals and objectives of this	6416
program. For the purposes of this division, "Edison center	6417
network" means the six cooperative research and development	6418
facilities in this state that receive funding under this division,	6419
are nonprofit organizations, have been in existence at least	6420
eighteen years as of the effective date of this amendment, and	6421
have experience in delivering manufacturing extension partnership	6422
program services to companies in this state.	6423

(1) Grants may be made to a nonprofit organization or a	6424
public or private educational institution, department, college,	6425
institute, faculty member, or other administrative subdivision or	6426
related entity of an educational institution when the director	6427
finds that the undertaking will benefit the people of the state by	6428
supporting research in advanced technology areas likely to improve	6429
the economic welfare of the people of the state through promoting	6430
the development of new commercial technology.	6431

(2) Grants may be made in a form and conditioned upon terms	6432
as the director considers appropriate.	6433

(3) Grants made under this program shall in all instances be	6434
in conjunction with a contribution to the project by a cooperating	6435
enterprise which maintains or proposes to maintain a relevant	6436
research, development, or manufacturing facility in the state, by	6437
a nonprofit organization, or by an educational institution or	6438
related entity; however, funding provided by an educational	6439
institution or related entity shall not be from general revenue	6440
funds appropriated by the Ohio general assembly. No grant made	6441
under this program shall exceed the contribution made by the	6442
cooperating enterprise, nonprofit organization, or educational	6443
institution or related entity. The director may consider	6444
cooperating contributions in the form of state of the art new	6445
equipment or in other forms provided the director determines that	6446
the contribution is essential to the successful implementation of	6447
the project. The director may adopt rules or guidelines for the	6448
valuation of contributions of equipment or other property.	6449

(4) The director may determine fields of research from which	6450
grant applications will be accepted under this program.	6451

Sec. 122.34. The exercise of the powers granted by sections	6452
122.28 and 122.30 to 122.36 of the Revised Code will be in all	6453
respects for the benefit of the people of the state, for the	6454
improvement of commerce and prosperity, improvement of employment	6455
conditions, and will constitute the performance of essential	6456
governmental functions.	6457

Sec. 122.35. All moneys received under sections 122.28 and	6458
122.30 to 122.36 of the Revised Code are trust funds to be held	6459
and applied solely as provided in those sections and section	6460
166.03 of the Revised Code. All moneys, except when deposited with	6461
the treasurer of the state, shall be kept and secured in	6462
depositories as selected by the director of development services	6463
in the manner provided in sections 135.01 to 135.21 of the Revised	6464
Code, insofar as those sections are applicable. All moneys held by	6465
the director in trust to carry out the purposes of sections 122.28	6466
and 122.30 to 122.36 of the Revised Code shall be used as provided	6467
in sections 122.28 and 122.30 to 122.36 of the Revised Code and at	6468
no time be part of other public funds.	6469

Sec. 122.36. Any materials or data submitted to, made	6470
available to, or received by the director of development~~, the~~	6471
~~industrial technology and enterprise advisory council,~~services or	6472
the controlling board, to the extent that the material or data	6473
consist of trade secrets, as defined in section 1333.61 of the	6474
Revised Code, or commercial or financial information, regarding	6475
projects are not public records for the purposes of section 149.43	6476
of the Revised Code.	6477

Sec. 122.657. For the purposes of sections 122.65 to 122.658	6478
of the Revised Code, the director of development shall establish	6479
policies and requirements regarding all of the following:	6480

(A) The form and content of applications for grants or loans	6481
from the clean Ohio revitalization fund under section 122.652 of	6482
the Revised Code. The policies and requirements shall require that	6483
each application include, at a minimum, all of the following:	6484

(1) The name, address, and telephone number of the applicant;

6485

(2) The legal description of the property for which the grant	6486
or loan is requested;	6487

(3) A summary description of the hazardous substances or	6488
petroleum present at the brownfield and a certified copy of the	6489
results of an assessment;	6490

(4) A detailed explanation of the proposed cleanup or	6491
remediation of the brownfield, including an identification of the	6492
applicable cleanup standards, and a detailed description of the	6493
proposed use of the brownfield after completion of the cleanup or	6494
remediation;	6495

(5) An estimate of the total cost to clean up or remediate	6496
the brownfield in order to comply with the applicable cleanup	6497
standards. The total cost shall include the cost of employing a	6498
certified professional under section 122.654 of the Revised Code.	6499

(6) A detailed explanation of the portion of the estimated	6500
total cost of the cleanup or remediation of the brownfield that	6501
the applicant proposes to provide as required under sections	6502
122.653 and 122.658 of the Revised Code and financial records	6503
supporting the proposal;	6504

(7) A certified copy of a resolution or ordinance approving	6505
the project that the applicant shall obtain from the board of	6506
township trustees of the township or the legislative authority of	6507
the municipal corporation in which the property is located,	6508
whichever is applicable;	6509

(8) A description of the estimated economic benefit that will	6510
result from a cleanup or remediation of the brownfield;	6511

(9) An application summary for purposes of review by an	6512
integrating committee or, if applicable, the executive committee	6513
of an integrating committee under division (B) of section 122.652	6514
of the Revised Code;	6515

(10) With respect to applications for loans, information	6516
demonstrating that the applicant will implement a financial	6517
management plan that includes, without limitation, provisions for	6518
the satisfactory repayment of the loan;	6519

(11) Any other provisions that the director determines should	6520
be included in an application.	6521

(B) Procedures for conducting public meetings and providing	6522
public notice under division (A) of section 122.652 of the Revised	6523
Code;	6524

(C) Criteria to be used by integrating committees or, if	6525
required under division (C) of section 122.652 of the Revised	6526
Code, executive committees of integrating committees when	6527
prioritizing projects under division (B) of section 122.652 of the	6528
Revised Code. The policies and requirements also shall establish	6529
procedures that integrating committees or, if required under	6530
division (C) of section 122.652 of the Revised Code, executive	6531
committees of integrating committees shall use in applying the	6532
criteria.	6533

(D) A selection process that provides for the prioritization	6534
of brownfield cleanup or remediation projects for which grant or	6535
loan applications are submitted under section 122.652 of the	6536
Revised Code. The policies and requirements shall require the	6537
selection process to give priority to projects in which the	6538
post-cleanup or remediation use will be for a combination of	6539
residential, commercial, or industrial purposes, which may include	6540
the conversion of a portion of a brownfield to a recreation, park,	6541
or natural area that is integrated with the residential,	6542
commercial, or industrial use of the brownfield after cleanup or	6543
remediation, or will incorporate projects that are funded by	6544
grants awarded under sections 164.20 to 164.27 of the Revised	6545
Code. The policies and requirements shall require the selection	6546
process to incorporate and emphasize all of the following factors:	6547

(1) The potential economic benefit that will result from the	6548
cleanup or remediation of a brownfield;	6549

(2) The potential environmental improvement that will result	6550
from the cleanup or remediation of a brownfield;	6551

(3) The amount and nature of the match provided by an	6552
applicant as required under sections 122.653 and 122.658 of the	6553
Revised Code;	6554

(4) Funding priorities recommended by integrating committees	6555
or, if required under division (C) of section 122.652 of the	6556
Revised Code, executive committees of integrating committees under	6557
division (B) of section 122.652 of the Revised Code;	6558

(5) The potential benefit to low-income communities,	6559
including minority communities, that will result from the cleanup	6560
or remediation of a brownfield;	6561

(6) Any other factors that the director considers	6562
appropriate.	6563

(E) The development of criteria that the director shall use	6564
when awarding grants under section 122.656 of the Revised Code.	6565
The criteria shall give priority to public health projects. In	6566
addition, the director, in consultation with the director of	6567
environmental protection, shall establish policies and	6568
requirements that require the criteria to include a public health	6569
project selection process that incorporates and emphasizes all of	6570
the following factors:	6571

(1) The potential environmental improvement that will result	6572
from the cleanup or remediation;	6573

(2) The ability of an applicant to access the property for	6574
purposes of the cleanup or remediation;	6575

(3) The name and qualifications of the cleanup or remediation	6576
contractor;	6577

(4) Any other factors that the director of development	6578
considers appropriate.	6579

The director of development may develop any other policies	6580
and requirements that the director determines are necessary for	6581
the administration of section 122.656 of the Revised Code.	6582

(F) The development of a brownfield cleanup and remediation	6583
oversight program to ensure compliance with sections 122.65 to	6584
122.658 of the Revised Code and policies and requirements	6585
established under this section. The policies and requirements	6586
shall require the program to include, at a minimum, both of the	6587
following:	6588

(1) Procedures for the accounting of invoices and receipts	6589
and any other documents that are necessary to demonstrate that a	6590
cleanup or remediation was properly performed;	6591

(2) Procedures that are necessary to provide a detailed	6592
explanation of the status of the property five years after the	6593
completed cleanup or remediation.	6594

(G) A delineation of what constitutes administrative costs	6595
for purposes of divisions (D) and (F) of section 122.658 of the	6596
Revised Code;	6597

(H) Procedures and requirements for making loans and loan	6598
agreements that include at least all of the following:	6599

(1) Not more than fifteen per cent of moneys annually	6600
allocated to the clean Ohio revitalization fund shall be used for	6601
loans.	6602

(2) The loans shall be made at or below market rates of	6603
interest, including, without limitation, interest-free loans.	6604

(3) The recipient of a loan shall identify a source of	6605
security and a source of repayment of the loan.	6606

(4) ~~All payments of principal and interest on a loan shall be~~	6607
~~deposited in the state treasury and credited to the clean Ohio~~	6608
~~revitalization revolving loan fund.~~	6609

~~(5)~~ The clean Ohio council may accept notes and other forms	6610
of obligation to evidence indebtedness, accept mortgages, liens,	6611
pledges, assignments, and other security interests to secure such	6612
indebtedness, and take any actions that are considered by the	6613
council to be appropriate to protect such security and safeguard	6614
against losses, including, without limitation, foreclosure and	6615
bidding on the purchase of property upon foreclosure or other	6616
sale.	6617

(I) Any other policies and requirements that the director	6618
determines are necessary for the administration of sections 122.65	6619
to 122.658 of the Revised Code.	6620

Sec. 122.658. (A) The clean Ohio revitalization fund is	6621
hereby created in the state treasury. The fund shall consist of	6622
moneys credited to it pursuant to section 151.40 of the Revised	6623
Code. Moneys in the fund shall be used to make grants or loans for	6624
projects that have been approved by the clean Ohio council in	6625
accordance with section 122.653 of the Revised Code, except that	6626
the council annually shall devote twenty per cent of the net	6627
proceeds of obligations deposited in the clean Ohio revitalization	6628
fund for the purposes of section 122.656 of the Revised Code.	6629

Moneys in the clean Ohio revitalization fund may be used to	6630
pay reasonable costs incurred by the department of development and	6631
the environmental protection agency in administering sections	6632
122.65 to 122.658 of the Revised Code. All investment earnings of	6633
the fund shall be credited to the fund. Investment earnings	6634
credited to the clean Ohio revitalization fund may be used to pay	6635
costs incurred by the department of development and the	6636
environmental protection agency pursuant to sections 122.65 to	6637
122.658 of the Revised Code.	6638

The department of development shall administer the clean Ohio	6639
revitalization fund in accordance with this section, policies and	6640
requirements established under section 122.657 of the Revised	6641
Code, and the terms of agreements entered into by the council	6642
under section 122.653 of the Revised Code.	6643

(B) Grants awarded and loans made under section 122.653 of	6644
the Revised Code shall provide not more than seventy-five per cent	6645
of the estimated total cost of a project. A grant or loan to any	6646
one project shall not exceed three million dollars. An applicant	6647
shall provide at least twenty-five per cent of the estimated total	6648
cost of a project. The applicant's share may consist of one or a	6649
combination of any of the following:	6650

(1) Payment of the cost of acquiring the property for the	6651
purposes of sections 122.65 to 122.658 of the Revised Code;	6652

(2) Payment of the reasonable cost of an assessment at the	6653
property;	6654

(3) The reasonable value, as determined by the council, of	6655
labor and materials that will be contributed by the applicant in	6656
performing the cleanup or remediation;	6657

(4) Moneys received by the applicant in any form for use in	6658
performing the cleanup or remediation;	6659

(5) Loans secured by the applicant for the purpose of the	6660
cleanup or remediation of the brownfield.	6661

Costs that were incurred more than two years prior to the	6662
submission of an application to the clean Ohio council for the	6663
acquisition of property, assessments, and labor and materials	6664
shall not be used as part of the applicant's matching share.	6665

(C) The department of development shall not make any payment	6666
to an applicant from the clean Ohio revitalization fund to pay	6667
costs of the applicant that were not included in an application	6668
for a grant or loan under section 122.653 of the Revised Code or	6669
that exceed the amount of the estimated total cost of the project	6670
included in the application. If, upon completion of a project, the	6671
costs of the project are less than the amounts included in the	6672
application, the amounts included in the application less the	6673
amounts of the actual costs of the project shall be credited to	6674
the clean Ohio revitalization fund. However, the amounts credited	6675
shall be equivalent in percentage to the percentage of the costs	6676
of the project that were to be funded by the grant or loan from	6677
the fund.	6678

(D) Grants awarded or loans made under section 122.653 of the	6679
Revised Code from the clean Ohio revitalization fund shall be used	6680
by an applicant only to pay the costs of the actual cleanup or	6681
remediation of a brownfield and shall not be used by an applicant	6682
to pay any administrative costs incurred by the applicant. Costs	6683
related to the use of a certified professional for purposes of	6684
section 122.654 of the Revised Code are not administrative costs	6685
and may be paid with moneys from grants awarded or loans made	6686
under section 122.653 of the Revised Code.	6687

(E) The portion of net proceeds of obligations devoted under	6688
division (A) of this section for the purposes of section 122.656	6689
of the Revised Code shall be used to make grants for assessments,	6690
cleanup or remediation of brownfields, and public health projects	6691
that have been approved by the director of development under that	6692
section. The department of development shall administer section	6693
122.656 of the Revised Code in accordance with this section,	6694
policies and requirements established under section 122.657 of the	6695
Revised Code, and the terms of agreements entered into by the	6696
director under section 122.656 of the Revised Code. The director	6697
shall not grant more than twenty-five million dollars for public	6698
health projects under section 122.656 of the Revised Code.	6699

(F) Grants awarded under section 122.656 of the Revised Code	6700
shall be used by an applicant only to pay the costs of actually	6701
conducting an assessment, a cleanup or remediation of a	6702
brownfield, or a public health project and shall not be used by an	6703
applicant to pay any administrative costs incurred by the	6704
applicant. Costs related to the use of a certified professional	6705
for purposes of section 122.654 of the Revised Code are not	6706
administrative costs and may be paid with moneys from grants	6707
awarded under section 122.656 of the Revised Code.	6708

~~(G)(1) The clean Ohio revitalization revolving loan fund is~~	6709
~~hereby created in the state treasury. Payments of principal and~~	6710
~~interest on loans made from the clean Ohio revitalization fund~~	6711
~~shall be credited to this revolving loan fund, as shall payments~~	6712
~~of principal and interest on loans made from the revolving loan~~	6713
~~fund itself. The revolving loan fund's investment earnings shall~~	6714
~~be credited to it.~~	6715

~~(2) The clean Ohio revitalization revolving loan fund shall~~	6716
~~be used to make loans for the same purposes and subject to the~~	6717
~~same policies, requirements, criteria, and application procedures~~	6718
~~as loans made from the clean Ohio revitalization fund.~~	6719

Sec. 122.66. As used in sections 122.66 to 122.702 of the	6720
Revised Code:	6721

(A) "Poverty line" means the official poverty line	6722
established by the director of the United States office of	6723
management and budget and as revised by the ~~director~~secretary of	6724
~~the office of community~~health and human services in accordance	6725
with section 673(2) of the "Community Services Block Grant Act,"	6726
95 Stat. 1609, 42 U.S.C.A. 9902.	6727

(B) "Low-income person" means a person whose adjusted gross	6728
income as defined in division (A) of section 5747.01 of the	6729
Revised Code is below the poverty line as defined in division (A)	6730
of this section.	6731

(C) "Advocacy" means the act of pleading for, supporting, or	6732
recommending actions on behalf of low-income persons.	6733

(D) "Community action agency" means a community-based and	6734
operated private nonprofit agency or organization that includes or	6735
is designed to include a sufficient number of projects or	6736
components to provide a range of services and activities having a	6737
measurable and potentially major impact on the causes of poverty	6738
in the community or those areas of the community where poverty is	6739
a particularly acute problem and is designated as a community	6740
action agency by the ~~office of~~ community services division	6741
pursuant to sections 122.68 and 122.69 of the Revised Code.	6742

(E) "Community" means a city, village, county, multicity or	6743
multicounty unit, a neighborhood or other area, disregarding	6744
boundaries or political subdivisions, which provides a suitable	6745
organizational base and possesses a commonality of needs and	6746
interests for a community action program suitable to be served by	6747
a community action agency.	6748

(F) "Service area" means the geographical area served by a	6749
community action agency.	6750

Sec. 122.67. There is hereby created in the ~~department of~~	6751
development services agency the ~~office of~~ community services	6752
division. The director of development services shall employ and	6753
fix the compensation of professional and technical unclassified	6754
personnel as necessary to carry out the provisions of sections	6755
122.66 to 122.701 of the Revised Code.	6756

Sec. 122.68. The ~~office of~~ community services division	6757
shall:	6758

(A) Administer all federal funds appropriated to the state	6759
from the "Community Services Block Grant Act," 95 Stat. 511, 42	6760
U.S.C.A. 9901, and comply with requirements imposed by that act in	6761
its application for, and administration of, the funds;	6762

(B) Designate community action agencies to receive community	6763
services block grant funds;	6764

(C) Disburse at least ninety-five per cent or such other	6765
higher maximum amount as may from time to time be designated by	6766
congress of the funds received in the state from the "Community	6767
Services Block Grant Act" to community action agencies that comply	6768
with the requirements of section 122.69 of the Revised Code and	6769
migrant and seasonal farm worker organizations that are not	6770
designated community action agencies but which provide the	6771
services described in division (B)(1) of section 122.69 of the	6772
Revised Code.	6773

(D) Provide technical assistance to community action agencies	6774
to improve program planning, development, and administration;	6775

(E) Conduct yearly performance assessments, according to	6776
criteria determined by ~~department of~~ development services agency	6777
rule, to determine whether community action agencies are in	6778
compliance with section 122.69 of the Revised Code;	6779

(F) Annually prepare and submit to the United States	6780
secretary of health and human services, the governor, the	6781
president of the Ohio senate, and the speaker of the Ohio house of	6782
representatives, a comprehensive report that includes:	6783

(1) Certification that all community action agencies	6784
designated to receive funds from the "Community Services Block	6785
Grant Act" are in compliance with section 122.69 of the Revised	6786
Code;	6787

(2) A program plan for the next federal fiscal year that has	6788
been made available for public inspection and that details how	6789
community services block grant funds will be disbursed and used	6790
during that fiscal year;	6791

(3) Information detailing how funds were expended for the	6792
current fiscal year;	6793

(4) An audit of community services block grant expenditures	6794
for the preceding federal fiscal year that is conducted in	6795
accordance with generally accepted accounting principles by an	6796
independent auditing firm that has no connection with any	6797
community action agency receiving community services block grant	6798
funds or with any employee of the ~~office~~division.	6799

(G) Serve as a statewide advocate for social and economic	6800
opportunities for low-income persons.	6801

Sec. 122.681. (A) Except as permitted by this section, or	6802
when required by federal law, no person or government entity shall	6803
solicit, release, disclose, receive, use, or knowingly permit or	6804
participate in the use of any information regarding an individual	6805
receiving assistance pursuant to a community services division	6806
program under sections 122.66 to 122.702 of the Revised Code for	6807
any purpose not directly related to the administration of a	6808
division assistance program.	6809

(B) To the extent permitted by federal law, the division, and	6810
any entity that receives division funds to administer a division	6811
program to assist individuals, shall release information regarding	6812
an individual assistance recipient to the following:	6813

(1) A government entity responsible for administering the	6814
assistance program for purposes directly related to the	6815
administration of the program;	6816

(2) A law enforcement agency for the purpose of any	6817
investigation, prosecution, or criminal or civil proceeding	6818
relating to the administration of the assistance program;	6819

(3) A government entity responsible for administering a	6820
children's protective services program, for the purpose of	6821
protecting children.	6822

(C) To the extent permitted by federal law and section	6823
1347.08 of the Revised Code, the division, and any entity	6824
administering a division program, shall provide access to	6825
information regarding an individual assistance recipient to all of	6826
the following:	6827

(1) The individual assistance recipient;

6828

(2) The authorized representative of the individual	6829
assistance recipient;	6830

(3) The legal guardian of the individual assistance	6831
recipient;	6832

(4) The attorney of the individual assistance recipient.

6833

(D) To the extent permitted by federal law, the division, and	6834
any entity administering a division program, may do either of the	6835
following:	6836

(1) Release information about an individual assistance	6837
recipient if the recipient gives voluntary, written authorization;	6838

(2) Release information regarding an individual assistance	6839
recipient to a state, federal, or federally assisted program that	6840
provides cash or in-kind assistance or services directly to	6841
individuals based on need.	6842

(E) The community services division, or an entity	6843
administering a division program, shall provide, at no cost, a	6844
copy of each written authorization to the individual who signed	6845
it.	6846

(F) The development services agency may adopt rules defining	6847
who may serve as an individual assistance recipient's authorized	6848
representative for purposes of division (C)(2) of this section.	6849

Sec. 122.69. (A) Any nonprofit agency or organization	6850
seeking designation as a community action agency by the ~~office of~~	6851
community services division shall obtain the endorsement of the	6852
chief elected officials of at least two-thirds of the municipal	6853
corporations and the counties within the community to be served by	6854
the agency or organization.	6855

(B) Any nonprofit agency or organization that receives the	6856
endorsement provided for in division (A) of this section shall be	6857
designated by the ~~office~~division as the community action agency	6858
for the community it serves and shall receive community services	6859
block grant funds for any period of time that the nonprofit agency	6860
or organization:	6861

(1) Provides a range of services and opportunities having a	6862
measurable and potentially major impact on the causes of poverty	6863
in the community or those areas of the community where poverty is	6864
a particularly acute problem. These activities may include but	6865
shall not be limited to:	6866

(a) Providing activities designed to assist low-income	6867
persons, including elderly and handicapped low-income persons, to:	6868

(i) Secure and maintain meaningful employment, training, work	6869
experience, and unsubsidized employment;	6870

(ii) Attain an adequate education;

6871

(iii) Make better use of available income;

6872

(iv) Obtain and maintain adequate housing and a suitable	6873
living environment;	6874

(v) Obtain emergency assistance through loans or grants to	6875
meet immediate and urgent individual and family needs, including	6876
the need for health services, nutritious food, housing, and	6877
employment-related assistance;	6878

(vi) Remove obstacles and solve personal and family problems	6879
that block the achievement of self-sufficiency;	6880

(vii) Achieve greater participation in the affairs of the	6881
community;	6882

(viii) Undertake family planning, consistent with personal	6883
and family goals and religious and moral convictions;	6884

(ix) Obtain energy assistance, conservation, and	6885
weatherization services.	6886

(b) Providing, on an emergency basis, supplies and services,	6887
nutritious foodstuffs, and related services necessary to	6888
counteract conditions of starvation and malnutrition among	6889
low-income persons;	6890

(c) Coordinating and establishing links between government	6891
and other social services programs to assure the effective	6892
delivery of services to low-income individuals;	6893

(d) Providing child care services, nutrition and health	6894
services, transportation services, alcoholism and narcotic	6895
addiction prevention and rehabilitation services, youth	6896
development services, and community services to elderly and	6897
handicapped persons;	6898

(e) Encouraging entities in the private sector to participate	6899
in efforts to ameliorate poverty in the community.	6900

(2) Annually submits to the ~~office of community services~~	6901
division a program plan and budget for use of community services	6902
block grant funds for the next federal fiscal year. At least ten	6903
days prior to its submission to the ~~office of community services~~	6904
division, a copy of the program plan and budget shall be made	6905
available to the chief elected officials of the municipal	6906
corporations and counties within the service area in order to	6907
provide them the opportunity to review and comment upon such plan	6908
and budget.	6909

(3) Composes its board of directors in compliance with	6910
section (c)(3) of section 675 of ~~the~~ the "Community Services Block	6911
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9904, except that the board	6912
shall consist of not less than fifteen nor more than thirty-three	6913
members;	6914

(4) Complies with the prohibitions against discrimination and	6915
political activity, as provided in the "Community Services Block	6916
Grant Act";	6917

(5) Complies with fiscal and program requirements established	6918
by ~~department of~~ development services agency rule.	6919

Sec. 122.70. The board of directors of a community action	6920
agency shall:	6921

(A) Select, appoint, and may remove the executive director of	6922
the community action agency;	6923

(B) Approve contracts, annual program budgets, and policies	6924
of the community action agency;	6925

(C) Advise the elected officials of any political subdivision	6926
located within its service area, and state and federal elected	6927
officials who represent its service area, of the nature and extent	6928
of poverty within its community, and advise them of any needed	6929
changes;	6930

(D) Convene public meetings to provide community members the	6931
opportunity to comment on public policies and programs to reduce	6932
poverty;	6933

(E) Annually evaluate the policies and programs of the	6934
community action agency according to criteria determined by	6935
~~department of~~ development services agency rule;	6936

(F) Submit the results of the evaluation required by division	6937
(E) of this section, along with recommendations for improved	6938
administration of the community action agency, to the ~~office of~~	6939
community services division;	6940

(G) Adopt a code of ethics for the board of directors and the	6941
employees of the community action agency;	6942

(H) Adopt written policies describing all of the following:

6943

(1) How the community action agency is to expend and	6944
distribute the community services block grant funds that it	6945
receives from the ~~office of community services~~division under	6946
sections 122.68 and 122.69 of the Revised Code;	6947

(2) The salary, benefits, travel expenses, and any other	6948
compensation that persons are to receive for serving on the	6949
community action agency's board of directors;	6950

(3) The operating procedures to be used by the board to	6951
conduct its meetings, to vote on all official business it	6952
considers, and to provide notice of its meetings.	6953

(I) Provide for the posting of notices in a conspicuous place	6954
indicating that the code of ethics described in division (G) of	6955
this section and the policies described in division (H) of this	6956
section are available for public inspection at the community	6957
action agency during normal business hours.	6958

Sec. 122.701. (A) Prior to designating a new community	6959
action agency or rescinding a community action agency's	6960
designation, the ~~office of~~ community services division shall:	6961

(1) Determine whether a community action agency is in	6962
compliance with section 122.69 of the Revised Code;	6963

(2) Consult with the chief elected officials of political	6964
subdivisions located within a community action agency's service	6965
area, and, in designating a new community action agency, obtain	6966
their endorsement of the agency in accordance with division (A) of	6967
section 122.69 of the Revised Code;	6968

(3) Hold at least one public meeting within a community	6969
action agency's service area for the purpose of allowing citizens	6970
to comment on the community action agency's delivery of services;	6971

(4) Evaluate the proposed service area of the community	6972
action agency, and, as may be necessary, modify the boundaries of	6973
the service area so that low-income persons in the area are	6974
adequately and efficiently served.	6975

(B) After providing notice and hearing pursuant to sections	6976
119.01 to 119.13 of the Revised Code, the director of development	6977
services:	6978

(1) May rescind the designation of a community action agency	6979
~~if he finds~~after finding that the agency is not in compliance	6980
with any or all of the provisions of section 122.69 of the Revised	6981
Code;	6982

(2) Shall rescind the designation of a community action	6983
agency upon notification from the chief elected officials of more	6984
than one-half of the municipal corporations and the counties	6985
within a community currently served by a community action agency	6986
that such agency is not endorsed by them and ~~upon a~~after finding	6987
~~by him~~ that the agency is not in compliance with section 122.69 of	6988
the Revised Code.	6989

Any agency whose designation is rescinded pursuant to this	6990
section may appeal from an order rescinding such designation	6991
pursuant to section 119.12 of the Revised Code.	6992

Sec. 122.76. (A) The director of development services, with	6993
controlling board approval, may lend funds to minority business	6994
enterprises and to community improvement corporations, Ohio	6995
development corporations, minority contractors business assistance	6996
organizations, and minority business supplier development councils	6997
for the purpose of loaning funds to minority business enterprises	6998
~~and~~, for the purpose of procuring or improving real or personal	6999
property, or both, for the establishment, location, or expansion	7000
of industrial, distribution, commercial, or research facilities in	7001
the state, and for the purpose of contract financing, and to	7002
community development corporations that predominantly benefit	7003
minority business enterprises or are located in a census tract	7004
that has a population that is sixty per cent or more minority, if	7005
the director determines, in the director's sole discretion, that	7006
all of the following apply:	7007

(1) The project is economically sound and will benefit the	7008
people of the state by increasing opportunities for employment, by	7009
strengthening the economy of the state, or expanding minority	7010
business enterprises.	7011

(2) The proposed minority business enterprise borrower is	7012
unable to finance the proposed project through ordinary financial	7013
channels at comparable terms.	7014

(3) The value of the project is or, upon completion, will be	7015
at least equal to the total amount of the money expended in the	7016
procurement or improvement of the project.	7017

(4) The amount to be loaned by the director will not exceed	7018
seventy-five per cent of the total amount expended in the	7019
procurement or improvement of the project.	7020

(5) The amount to be loaned by the director will be	7021
adequately secured by a first or second mortgage upon the project	7022
or by mortgages, leases, liens, assignments, or pledges on or of	7023
other property or contracts as the director requires, and such	7024
mortgage will not be subordinate to any other liens or mortgages	7025
except the liens securing loans or investments made by financial	7026
institutions referred to in division (A)(3) of this section, and	7027
the liens securing loans previously made by any financial	7028
institution in connection with the procurement or expansion of all	7029
or part of a project.	7030

(B) Any proposed minority business enterprise borrower	7031
submitting an application for assistance under this section shall	7032
not have defaulted on a previous loan from the director, and no	7033
full or limited partner, major shareholder, or holder of an equity	7034
interest of the proposed minority business enterprise borrower	7035
shall have defaulted on a loan from the director.	7036

(C) The proposed minority business enterprise borrower shall	7037
demonstrate to the satisfaction of the director that it is able to	7038
successfully compete in the private sector if it obtains the	7039
necessary financial, technical, or managerial support and that	7040
support is available through the director, the minority business	7041
development office of the ~~department of~~ development services	7042
agency, or other identified and acceptable sources. In determining	7043
whether a minority business enterprise borrower will be able to	7044
successfully compete, the director may give consideration to such	7045
factors as the successful completion of or participation in	7046
courses of study, recognized by the board of regents as providing	7047
financial, technical, or managerial skills related to the	7048
operation of the business, by the economically disadvantaged	7049
individual, owner, or partner, and the prior success of the	7050
individual, owner, or partner in personal, career, or business	7051
activities, as well as to other factors identified by the	7052
director.	7053

(D) The director shall not lend funds for the purpose of	7054
procuring or improving motor vehicles or accounts receivable.	7055

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

7056

(1) "Certified engine configuration" means a new, rebuilt, or	7057
remanufactured engine configuration that satisfies divisions	7058
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	7059
section:	7060

(a) It has been certified by the administrator of the United	7061
States environmental protection agency or the California air	7062
resources board.	7063

(b) It meets or is rebuilt or remanufactured to a more	7064
stringent set of engine emission standards than when originally	7065
manufactured, as determined pursuant to Subtitle G of Title VII of	7066
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	7067
et seq.	7068

(c) In the case of a certified engine configuration involving	7069
the replacement of an existing engine, an engine configuration	7070
that replaced an engine that was removed from the vehicle and	7071
returned to the supplier for remanufacturing to a more stringent	7072
set of engine emissions standards or for scrappage.	7073

(2) "Section 793" means section 793 of the Energy Policy Act	7074
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	7075

(3) "Verified technology" means a pollution control	7076
technology, including a retrofit technology, advanced truckstop	7077
electrification system, or auxiliary power unit, that has been	7078
verified by the administrator of the United States environmental	7079
protection agency or the California air resources board.	7080

(B) For the purpose of reducing emissions from diesel	7081
engines, the director of environmental protection shall administer	7082
a diesel emissions reduction grant program and a diesel emissions	7083
reduction revolving loan program. The programs shall provide for	7084
the implementation in this state of section 793 and shall	7085
otherwise be administered in compliance with the requirements of	7086
section 793, and any regulations issued pursuant to that section.	7087

The director shall apply to the administrator of the United	7088
States environmental protection agency for grant or loan funds	7089
available under section 793 to help fund the diesel emissions	7090
reduction grant program and the diesel emissions reduction	7091
revolving loan program.	7092

(C) ~~There is hereby created in the state treasury the diesel~~	7093
~~emissions grant fund consisting of money appropriated to it by the~~	7094
~~general assembly, any grants obtained from the federal government~~	7095
~~under section 793, and any other grants, gifts, or other~~	7096
~~contributions of money made to the credit of the fund. Money in~~	7097
~~the fund shall be used for the purpose of making grants for~~	7098
~~projects relating to certified engine configurations and verified~~	7099
~~technologies in a manner consistent with the requirements of~~	7100
~~section 793 and any regulations issued under that section.~~	7101
~~Interest earned from moneys in the fund shall be used to~~	7102
~~administer the diesel emissions reduction grant program.~~	7103

~~(D)~~ There is hereby created in the state treasury the diesel	7104
emissions reduction revolving loan fund consisting of money	7105
appropriated to it by the general assembly, any grants obtained	7106
from the federal government under section 793, and any other	7107
grants, gifts, or other contributions of money made to the credit	7108
of the fund. Money in the fund shall be used for the purpose of	7109
making loans for projects relating to certified engine	7110
configurations and verified technologies in a manner consistent	7111
with the requirements of section 793 and any regulations issued	7112
pursuant to that section. Interest earned from moneys in the fund	7113
shall be used to administer the diesel emissions reduction	7114
revolving loan program.	7115

Sec. 123.01. (A) The department of administrative services,	7116
in addition to those powers enumerated in Chapters 124. and 125.	7117
of the Revised Code and provided elsewhere by law, shall exercise	7118
the following powers:	7119

(1) To prepare and suggest comprehensive plans for the	7120
development of grounds and buildings under the control of a state	7121
agency;	7122

(2) To acquire, by purchase, gift, devise, lease, or grant,	7123
all real estate required by a state agency, in the exercise of	7124
which power the department may exercise the power of eminent	7125
domain, in the manner provided by sections 163.01 to 163.22 of the	7126
Revised Code;	7127

(3) To erect, supervise, and maintain all public monuments	7128
and memorials erected by the state, except where the supervision	7129
and maintenance is otherwise provided by law;	7130

(4) To procure, by lease, storage accommodations for a state	7131
agency;	7132

(5) To lease or grant easements or licenses for unproductive	7133
and unused lands or other property under the control of a state	7134
agency. Such leases, easements, or licenses may be granted to any	7135
person or entity, shall be for a period not to exceed fifteen	7136
years, and shall be executed for the state by the director of	7137
administrative services, provided that the director shall grant	7138
leases, easements, or licenses of university land for periods not	7139
to exceed twenty-five years for purposes approved by the	7140
respective university's board of trustees wherein the uses are	7141
compatible with the uses and needs of the university and may grant	7142
leases of university land for periods not to exceed forty years	7143
for purposes approved by the respective university's board of	7144
trustees pursuant to section 123.17 of the Revised Code.	7145

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

7146

(7) To have general supervision and care of the storerooms,	7147
offices, and buildings leased for the use of a state agency;	7148

(8) To exercise general custodial care of all real property	7149
of the state;	7150

(9) To assign and group together state offices in any city in	7151
the state and to establish, in cooperation with the state agencies	7152
involved, rules governing space requirements for office or storage	7153
use;	7154

(10) To lease for a period not to exceed forty years,	7155
pursuant to a contract providing for the construction thereof	7156
under a lease-purchase plan, buildings, structures, and other	7157
improvements for any public purpose, and, in conjunction	7158
therewith, to grant leases, easements, or licenses for lands under	7159
the control of a state agency for a period not to exceed forty	7160
years. The lease-purchase plan shall provide that at the end of	7161
the lease period, the buildings, structures, and related	7162
improvements, together with the land on which they are situated,	7163
shall become the property of the state without cost.	7164

(a) Whenever any building, structure, or other improvement is	7165
to be so leased by a state agency, the department shall retain	7166
either basic plans, specifications, bills of materials, and	7167
estimates of cost with sufficient detail to afford bidders all	7168
needed information or, alternatively, all of the following plans,	7169
details, bills of materials, and specifications:	7170

(i) Full and accurate plans suitable for the use of mechanics	7171
and other builders in the improvement;	7172

(ii) Details to scale and full sized, so drawn and	7173
represented as to be easily understood;	7174

(iii) Accurate bills showing the exact quantity of different	7175
kinds of material necessary to the construction;	7176

(iv) Definite and complete specifications of the work to be	7177
performed, together with such directions as will enable a	7178
competent mechanic or other builder to carry them out and afford	7179
bidders all needed information;	7180

(v) A full and accurate estimate of each item of expense and	7181
of the aggregate cost thereof.	7182

(b) The department shall give public notice, in such	7183
newspaper, in such form, and with such phraseology as the director	7184
of administrative services prescribes, published once each week	7185
for four consecutive weeks, of the time when and place where bids	7186
will be received for entering into an agreement to lease to a	7187
state agency a building, structure, or other improvement. The last	7188
publication shall be at least eight days preceding the day for	7189
opening the bids. The bids shall contain the terms upon which the	7190
builder would propose to lease the building, structure, or other	7191
improvement to the state agency. The form of the bid approved by	7192
the department shall be used, and a bid is invalid and shall not	7193
be considered unless that form is used without change, alteration,	7194
or addition. Before submitting bids pursuant to this section, any	7195
builder shall comply with Chapter 153. of the Revised Code.	7196

(c) On the day and at the place named for receiving bids for	7197
entering into lease agreements with a state agency, the director	7198
of administrative services shall open the bids and shall publicly	7199
proceed immediately to tabulate the bids upon duplicate sheets. No	7200
lease agreement shall be entered into until the bureau of workers'	7201
compensation has certified that the person to be awarded the lease	7202
agreement has complied with Chapter 4123. of the Revised Code,	7203
until, if the builder submitting the lowest and best bid is a	7204
foreign corporation, the secretary of state has certified that the	7205
corporation is authorized to do business in this state, until, if	7206
the builder submitting the lowest and best bid is a person	7207
nonresident of this state, the person has filed with the secretary	7208
of state a power of attorney designating the secretary of state as	7209
its agent for the purpose of accepting service of summons in any	7210
action brought under Chapter 4123. of the Revised Code, and until	7211
the agreement is submitted to the attorney general and the	7212
attorney general's approval is certified thereon. Within thirty	7213
days after the day on which the bids are received, the department	7214
shall investigate the bids received and shall determine that the	7215
bureau and the secretary of state have made the certifications	7216
required by this section of the builder who has submitted the	7217
lowest and best bid. Within ten days of the completion of the	7218
investigation of the bids, the department shall award the lease	7219
agreement to the builder who has submitted the lowest and best bid	7220
and who has been certified by the bureau and secretary of state as	7221
required by this section. If bidding for the lease agreement has	7222
been conducted upon the basis of basic plans, specifications,	7223
bills of materials, and estimates of costs, upon the award to the	7224
builder the department, or the builder with the approval of the	7225
department, shall appoint an architect or engineer licensed in	7226
this state to prepare such further detailed plans, specifications,	7227
and bills of materials as are required to construct the building,	7228
structure, or improvement. The department shall adopt such rules	7229
as are necessary to give effect to this section. The department	7230
may reject any bid. Where there is reason to believe there is	7231
collusion or combination among bidders, the bids of those	7232
concerned therein shall be rejected.	7233

(11) To acquire by purchase, gift, devise, or grant and to	7234
transfer, lease, or otherwise dispose of all real property	7235
required to assist in the development of a conversion facility as	7236
defined in section 5709.30 of the Revised Code as that section	7237
existed before its repeal by Amended Substitute House Bill 95 of	7238
the 125th general assembly;	7239

(12) To lease for a period not to exceed forty years,	7240
notwithstanding any other division of this section, the	7241
state-owned property located at 408-450 East Town Street,	7242
Columbus, Ohio, formerly the state school for the deaf, to a	7243
developer in accordance with this section. "Developer," as used in	7244
this section, has the same meaning as in section 123.77 of the	7245
Revised Code.	7246

Such a lease shall be for the purpose of development of the	7247
land for use by senior citizens by constructing, altering,	7248
renovating, repairing, expanding, and improving the site as it	7249
existed on June 25, 1982. A developer desiring to lease the land	7250
shall prepare for submission to the department a plan for	7251
development. Plans shall include provisions for roads, sewers,	7252
water lines, waste disposal, water supply, and similar matters to	7253
meet the requirements of state and local laws. The plans shall	7254
also include provision for protection of the property by insurance	7255
or otherwise, and plans for financing the development, and shall	7256
set forth details of the developer's financial responsibility.	7257

The department may employ, as employees or consultants,	7258
persons needed to assist in reviewing the development plans. Those	7259
persons may include attorneys, financial experts, engineers, and	7260
other necessary experts. The department shall review the	7261
development plans and may enter into a lease if it finds all of	7262
the following:	7263

(a) The best interests of the state will be promoted by	7264
entering into a lease with the developer;	7265

(b) The development plans are satisfactory;

7266

(c) The developer has established the developer's financial	7267
responsibility and satisfactory plans for financing the	7268
development.	7269

The lease shall contain a provision that construction or	7270
renovation of the buildings, roads, structures, and other	7271
necessary facilities shall begin within one year after the date of	7272
the lease and shall proceed according to a schedule agreed to	7273
between the department and the developer or the lease will be	7274
terminated. The lease shall contain such conditions and	7275
stipulations as the director considers necessary to preserve the	7276
best interest of the state. Moneys received by the state pursuant	7277
to this lease shall be paid into the general revenue fund. The	7278
lease shall provide that at the end of the lease period the	7279
buildings, structures, and related improvements shall become the	7280
property of the state without cost.	7281

(13) To manage the use of space owned and controlled by the	7282
department, including space in property under the jurisdiction of	7283
the Ohio building authority, by doing all of the following:	7284

(a) Biennially implementing, by state agency location, a	7285
census of agency employees assigned space;	7286

(b) Periodically in the discretion of the director of	7287
administrative services:	7288

(i) Requiring each state agency to categorize the use of	7289
space allotted to the agency between office space, common areas,	7290
storage space, and other uses, and to report its findings to the	7291
department;	7292

(ii) Creating and updating a master space utilization plan	7293
for all space allotted to state agencies. The plan shall	7294
incorporate space utilization metrics.	7295

(iii) Conducting a cost-benefit analysis to determine the	7296
effectiveness of state-owned buildings;	7297

(iv) Assessing the alternatives associated with consolidating	7298
the commercial leases for buildings located in Columbus.	7299

(c) Commissioning a comprehensive space utilization and	7300
capacity study in order to determine the feasibility of	7301
consolidating existing commercially leased space used by state	7302
agencies into a new state-owned facility.	7303

(14) To adopt rules to ensure that energy efficiency and	7304
conservation is considered in the purchase of products and	7305
equipment, except motor vehicles, by any state agency, department,	7306
division, bureau, office, unit, board, commission, authority,	7307
quasi-governmental entity, or institution. The department may	7308
require minimum energy efficiency standards for purchased products	7309
and equipment based on federal testing and labeling if available	7310
or on standards developed by the department. When possible, the	7311
rules shall apply to the competitive selection of energy consuming	7312
systems, components, and equipment under Chapter 125. of the	7313
Revised Code.	7314

(15) To ensure energy efficient and energy conserving	7315
purchasing practices by doing all of the following:	7316

(a) Identifying available energy efficiency and conservation	7317
opportunities;	7318

(b) Providing for interchange of information among purchasing	7319
agencies;	7320

(c) Identifying laws, policies, rules, and procedures that	7321
should be modified;	7322

(d) Monitoring experience with and the cost-effectiveness of	7323
this state's purchase and use of motor vehicles and of major	7324
energy-consuming systems, components, equipment, and products	7325
having a significant impact on energy consumption by the	7326
government;	7327

(e) Providing technical assistance and training to state	7328
employees involved in the purchasing process;	7329

(f) Working with the ~~department of~~ development services	7330
agency to make recommendations regarding planning and	7331
implementation of purchasing policies and procedures that are	7332
supportive of energy efficiency and conservation.	7333

(16) To require all state agencies, departments, divisions,	7334
bureaus, offices, units, commissions, boards, authorities,	7335
quasi-governmental entities, institutions, and state institutions	7336
of higher education to implement procedures to ensure that all of	7337
the passenger automobiles they acquire in each fiscal year, except	7338
for those passenger automobiles acquired for use in law	7339
enforcement or emergency rescue work, achieve a fleet average fuel	7340
economy of not less than the fleet average fuel economy for that	7341
fiscal year as the department shall prescribe by rule. The	7342
department shall adopt the rule prior to the beginning of the	7343
fiscal year, in accordance with the average fuel economy standards	7344
established by federal law for passenger automobiles manufactured	7345
during the model year that begins during the fiscal year.	7346

Each state agency, department, division, bureau, office,	7347
unit, commission, board, authority, quasi-governmental entity,	7348
institution, and state institution of higher education shall	7349
determine its fleet average fuel economy by dividing the total	7350
number of passenger vehicles acquired during the fiscal year,	7351
except for those passenger vehicles acquired for use in law	7352
enforcement or emergency rescue work, by a sum of terms, each of	7353
which is a fraction created by dividing the number of passenger	7354
vehicles of a given make, model, and year, except for passenger	7355
vehicles acquired for use in law enforcement or emergency rescue	7356
work, acquired during the fiscal year by the fuel economy measured	7357
by the administrator of the United States environmental protection	7358
agency, for the given make, model, and year of vehicle, that	7359
constitutes an average fuel economy for combined city and highway	7360
driving.	7361

As used in division (A)(16) of this section, "acquired" means	7362
leased for a period of sixty continuous days or more, or	7363
purchased.	7364

(B) This section and section 125.02 of the Revised Code shall	7365
not interfere with any of the following:	7366

(1) The power of the adjutant general to purchase military	7367
supplies, or with the custody of the adjutant general of property	7368
leased, purchased, or constructed by the state and used for	7369
military purposes, or with the functions of the adjutant general	7370
as director of state armories;	7371

(2) The power of the director of transportation in acquiring	7372
rights-of-way for the state highway system, or the leasing of	7373
lands for division or resident district offices, or the leasing of	7374
lands or buildings required in the maintenance operations of the	7375
department of transportation, or the purchase of real property for	7376
garage sites or division or resident district offices, or in	7377
preparing plans and specifications for and constructing such	7378
buildings as the director may require in the administration of the	7379
department;	7380

(3) The power of the director of public safety and the	7381
registrar of motor vehicles to purchase or lease real property and	7382
buildings to be used solely as locations to which a deputy	7383
registrar is assigned pursuant to division (B) of section 4507.011	7384
of the Revised Code and from which the deputy registrar is to	7385
conduct the deputy registrar's business, the power of the director	7386
of public safety to purchase or lease real property and buildings	7387
to be used as locations for division or district offices as	7388
required in the maintenance of operations of the department of	7389
public safety, and the power of the superintendent of the state	7390
highway patrol in the purchase or leasing of real property and	7391
buildings needed by the patrol, to negotiate the sale of real	7392
property owned by the patrol, to rent or lease real property owned	7393
or leased by the patrol, and to make or cause to be made repairs	7394
to all property owned or under the control of the patrol;	7395

(4) The power of the division of liquor control in the	7396
leasing or purchasing of retail outlets and warehouse facilities	7397
for the use of the division;	7398

(5) The power of the director of development services to	7399
enter into leases of real property, buildings, and office space to	7400
be used solely as locations for the state's foreign offices to	7401
carry out the purposes of section 122.05 of the Revised Code;	7402

(6) The power of the director of environmental protection to	7403
enter into environmental covenants, to grant and accept easements,	7404
or to sell property pursuant to division (G) of section 3745.01 of	7405
the Revised Code.	7406

(C) Purchases for, and the custody and repair of, buildings	7407
under the management and control of the capitol square review and	7408
advisory board, the rehabilitation services commission, the bureau	7409
of workers' compensation, or the departments of public safety, job	7410
and family services, ~~mental health~~mental health and addiction	7411
services, developmental disabilities, and rehabilitation and	7412
correction; buildings of educational and benevolent institutions	7413
under the management and control of boards of trustees; and	7414
purchases or leases for, and the custody and repair of, office	7415
space used for the purposes of the joint legislative ethics	7416
committee are not subject to the control and jurisdiction of the	7417
department of administrative services.	7418

If the joint legislative ethics committee so requests, the	7419
committee and the director of administrative services may enter	7420
into a contract under which the department of administrative	7421
services agrees to perform any services requested by the committee	7422
that the department is authorized under this section to perform.	7423

(D) Unless the house of representatives notifies the	7424
department of administrative services that the house of	7425
representatives opts out, purchases for the maintenance, care,	7426
custodial care, utility costs, and repair of office space used by	7427
the house of representatives are subject to the control and	7428
jurisdiction of the department. If the house of representatives	7429
opts out, the house of representatives may enter into a contract	7430
for the purchase of any such services as is permitted under	7431
sections 125.02 and 125.04 of the Revised Code and the department	7432
shall pay the costs of the purchase and shall not charge the house	7433
of representatives service fees related to the purchase.	7434

(E) Any instrument by which real property is acquired	7435
pursuant to this section shall identify the agency of the state	7436
that has the use and benefit of the real property as specified in	7437
section 5301.012 of the Revised Code.	7438

Sec. 123.10. (A) As used in this section and section 123.11	7439
of the Revised Code, "public exigency" means an injury or	7440
obstruction that occurs in any public works of the state	7441
maintained by the director of administrative services and that	7442
materially impairs its immediate use or places in jeopardy	7443
property adjacent to it; an immediate danger of such an injury or	7444
obstruction; or an injury or obstruction, or an immediate danger	7445
of an injury or obstruction, that occurs in any public works of	7446
the state maintained by the director of administrative services	7447
and that materially impairs its immediate use or places in	7448
jeopardy property adjacent to it.	7449

(B) When a declaration of public exigency is issued pursuant	7450
to division (C) of this section, ~~the director of administrative~~	7451
~~services may request~~ the Ohio facilities construction commission	7452
toshall enter into contracts with proper persons for the	7453
performance of labor, the furnishing of materials, or the	7454
construction of any structures and buildings necessary to the	7455
maintenance, control, and management of the public works of the	7456
state or any part of those public works. Any contracts awarded for	7457
the work performed pursuant to the declaration of a public	7458
exigency may be awarded without competitive bidding or selection	7459
as set forth in Chapter 153. of the Revised Code.	7460

(C) The executive director of ~~administrative services~~the	7461
Ohio facilities construction commission may issue a declaration of	7462
a public exigency on the executive director's own initiative or	7463
upon the request of the director of any state agency. The	7464
executive director's declaration shall identify the specific	7465
injury, obstruction, or danger that is the subject of the	7466
declaration and shall set forth a dollar limitation for the	7467
repair, removal, or prevention of that exigency under the	7468
declaration.	7469

Before any project to repair, remove, or prevent a public	7470
exigency under the executive director's declaration may begin, the	7471
executive director shall send notice of the project, in writing,	7472
to the director of budget and management and to the members of the	7473
controlling board. That notice shall detail the project to be	7474
undertaken to address the public exigency and shall include a copy	7475
of the executive director's declaration that establishes the	7476
monetary limitations on that project.	7477

Sec. 123.11. When a public exigency, as defined in division	7478
(A) of section 123.10 of the Revised Code, exists, the executive	7479
director of ~~administrative services~~the Ohio facilities	7480
construction commission may take possession of lands and use them,	7481
or materials and other property necessary for the maintenance,	7482
protection, or repair of the public works, in accordance with	7483
sections 163.01 to 163.22 of the Revised Code.	7484

Sec. 123.19. There is hereby established in the state	7485
treasury the theater equipment maintenance fund. All appropriate	7486
theater-related revenues of the department of administrative	7487
services, as determined by the department, shall be credited to	7488
that fund and to any accounts created in that fund with the	7489
department's approval. All appropriate theater-related expenses of	7490
the department, as determined by the department, including	7491
reimbursement of, or payment to, any other fund or any	7492
governmental agency for advances made or services rendered to or	7493
on behalf of the department, shall be paid from that fund as	7494
determined by or pursuant to directions of the department. All	7495
investment earnings of that fund shall be credited to it and shall	7496
be allocated among any accounts created in the fund in the manner	7497
determined by the department.	7498

Sec. 123.201. (A) There is hereby created in the state	7499
treasury the Ohio facilities construction commission fund,	7500
consisting of transfers of moneys authorized by the general	7501
assembly and revenues received by the Ohio facilities construction	7502
commission under section 123.21 of the Revised Code. Investment	7503
earnings on moneys in the fund shall be credited to the fund.	7504
Moneys in the fund may be used by the commission, in performing	7505
its duties under this chapter, to pay personnel and other	7506
administrative expenses, to pay the cost of preparing building	7507
design specifications, to pay the cost of providing project	7508
management services, and for other purposes determined by the	7509
commission to be necessary to fulfill its duties under this	7510
chapter.	7511

(B)(1) There is hereby created in the state treasury the	7512
cultural and sports facilities building fund, consisting of	7513
proceeds of obligations authorized to pay costs of Ohio cultural	7514
facilities and Ohio sports facilities for which appropriations are	7515
made by the general assembly. All investment earnings of the fund	7516
shall be credited to the fund.	7517

(2) Upon the request of the executive director of the Ohio	7518
facilities construction commission and subject to applicable tax	7519
law limitations, the director of budget and management may	7520
transfer to the Ohio cultural facilities administration fund	7521
moneys credited to the cultural and sports facilities building	7522
fund to pay the costs of administering projects funded through the	7523
cultural and sports facilities building fund.	7524

(C) There is hereby created in the state treasury the Ohio	7525
cultural facilities administration fund, consisting of transfers	7526
of money authorized by the general assembly and revenues received	7527
by the commission under division (A)(9) of section 123.21 of the	7528
Revised Code. Moneys in the fund may be used by the Ohio	7529
facilities construction commission in administering projects	7530
funded through the cultural and sports facilities building fund	7531
pursuant to sections 123.28 and 128.281 of the Revised Code. All	7532
investment earnings of that fund shall be credited to it and shall	7533
be allocated among any accounts created in the fund in the manner	7534
determined by the commission.	7535

(D)(1) There is hereby created in the state treasury the	7536
capital donations fund, which shall be administered by the Ohio	7537
facilities construction commission. The fund consists of gifts,	7538
grants, devises, bequests, and other financial contributions made	7539
to the commission for the construction or improvement of cultural	7540
and sports facilities and shall be used in accordance with the	7541
specific purposes for which the gifts, grants, devises, bequests,	7542
or other financial contributions are made. All investment earnings	7543
of the fund shall be credited to the fund. Chapters 123., 125.,	7544
127., and 153. and section 3517.13 of the Revised Code do not	7545
apply to contract obligations paid from the fund, notwithstanding	7546
anything to the contrary in those chapters or that section.	7547

(2) Not later than one month following the end of each	7548
quarter of the fiscal year, the commission shall allocate the	7549
amounts credited to the fund from investment earnings during that	7550
preceding quarter of the fiscal year among the specific projects	7551
for which they are to be used and shall certify this information	7552
to the director of budget and management.	7553

(3) If the amounts credited to the fund for a particular	7554
project exceed what is required to complete that project, the	7555
commission may refund any of those excess amounts, including	7556
unexpended investment earnings attributable to those amounts, to	7557
the entity from which they were received.	7558

Sec. 123.21. (A) The Ohio facilities construction commission	7559
may perform any act and ensure the performance of any function	7560
necessary or appropriate to carry out the purposes of, and	7561
exercise the powers granted under this chapter or any other	7562
provision of the Revised Code, including any of the following:	7563

(1) Prepare, or contract to be prepared, by licensed	7564
engineers or architects, surveys, general and detailed plans,	7565
specifications, bills of materials, and estimates of cost for any	7566
projects, improvements, or public buildings to be constructed by	7567
state agencies that may be authorized by legislative	7568
appropriations or any other funds made available therefor,	7569
provided that the construction of the projects, improvements, or	7570
public buildings is a statutory duty of the commission. This	7571
section does not require the independent employment of an	7572
architect or engineer as provided by section 153.01 of the Revised	7573
Code in the cases to which section 153.01 of the Revised Code	7574
applies. This section does not affect or alter the existing powers	7575
of the director of transportation.	7576

(2) Have general supervision over the construction of any	7577
projects, improvements, or public buildings constructed for a	7578
state agency and over the inspection of materials prior to their	7579
incorporation into those projects, improvements, or buildings.	7580

(3) Make contracts for and supervise the design and	7581
construction of any projects and improvements or the construction	7582
and repair of buildings under the control of a state agency. All	7583
such contracts may be based in whole or in part on the unit price	7584
or maximum estimated cost, with payment computed and made upon	7585
actual quantities or units.	7586

(4) Adopt, amend, and rescind rules pertaining to the	7587
administration of the construction of the public works of the	7588
state as required by law, in accordance with Chapter 119. of the	7589
Revised Code.	7590

(5) Contract with, retain the services of, or designate, and	7591
fix the compensation of, such agents, accountants, consultants,	7592
advisers, and other independent contractors as may be necessary or	7593
desirable to carry out the programs authorized under this chapter,	7594
or authorize the executive director to perform such powers and	7595
duties.	7596

(6) Receive and accept any gifts, grants, donations, and	7597
pledges, and receipts therefrom, to be used for the programs	7598
authorized under this chapter.	7599

(7) Make and enter into all contracts, commitments, and	7600
agreements, and execute all instruments, necessary or incidental	7601
to the performance of its duties and the execution of its rights	7602
and powers under this chapter, or authorize the executive director	7603
to perform such powers and duties.	7604

(8) Debar a contractor as provided in section 153.02 of the	7605
Revised Code.	7606

(9) Enter into and administer cooperative agreements for	7607
cultural projects, as provided in sections 123.28 and 123.281 of	7608
the Revised Code.	7609

(B) The commission shall appoint and fix the compensation of	7610
an executive director who shall serve at the pleasure of the	7611
commission. The executive director shall exercise all powers that	7612
the commission possesses, supervise the operations of the	7613
commission, and perform such other duties as delegated by the	7614
commission. The executive director also shall employ and fix the	7615
compensation of such employees as will facilitate the activities	7616
and purposes of the commission, who shall serve at the pleasure of	7617
the executive director. The employees of the commission are exempt	7618
from Chapter 4117. of the Revised Code and are not considered	7619
public employees as defined in section 4117.01 of the Revised	7620
Code. Any agreement entered into prior to July 1, 2012, between	7621
the office of collective bargaining and the exclusive	7622
representative for employees of the commission is binding and	7623
shall continue to have effect.	7624

(C) The attorney general shall serve as the legal	7625
representative for the commission and may appoint other counsel as	7626
necessary for that purpose in accordance with section 109.07 of	7627
the Revised Code.	7628

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

7629

"Capital facilities project" means the construction,	7630
reconstruction, improvement, enlargement, alteration, or repair of	7631
a building by a public entity.	7632

"Public entity" includes a state agency and a state	7633
institution of higher education.	7634

"State institution of higher education" has the same meaning	7635
as in section 3345.011 of the Revised Code.	7636

(B) Commencing not later than July 1, 2012, and upon	7637
completion of a capital facilities project that is funded wholly	7638
or in part using state funds, each public entity shall submit a	7639
report about the project to the executive director of the Ohio	7640
facilities construction commission. The report shall be submitted	7641
in Ohio administrative knowledge system capital improvement format	7642
or in a manner determined by the executive director and not later	7643
than thirty days after the project is complete. The report shall	7644
provide the total original contract bid, total cost of change	7645
orders, total actual cost of the project, total costs incurred for	7646
mediation and litigation services, and any other data requested by	7647
the executive director. The first report submitted pursuant to	7648
this division shall include information about any capital	7649
facilities project completed on or after July 1, 2011. Any capital	7650
facilities project that is funded wholly or in part through	7651
appropriations made to the Ohio school facilities commission,or	7652
the Ohio public works commission, ~~or the Ohio cultural facilities~~	7653
~~commission,~~ or for which a joint use agreement has been entered	7654
into with any public entity, is exempt from the reporting	7655
requirement prescribed under this division.	7656

(C) Commencing not later than July 1, 2012, and annually	7657
thereafter, the attorney general shall report to the executive	7658
director of the Ohio facilities construction commission on any	7659
mediation and litigation costs associated with capital facilities	7660
projects for which a judgment has been rendered. The report shall	7661
be submitted in a manner prescribed by the executive director and	7662
shall contain any information requested by the executive director	7663
related to capital facilities project mediation and litigation	7664
costs.	7665

(D) As soon as practicable after such information is made	7666
available, the executive director of the Ohio facilities	7667
construction commission shall incorporate the information reported	7668
pursuant to divisions (B) and (C) of this section into the Ohio	7669
administrative knowledge system.	7670

~~Sec. 3383.01.~~ Sec. 123.28. As used in this ~~chapter~~section and in	7671
section 123.281 of the Revised Code:	7672

(A) "Culture" means any of the following:

7673

(1) Visual, musical, dramatic, graphic, design, and other	7674
arts, including, but not limited to, architecture, dance,	7675
literature, motion pictures, music, painting, photography,	7676
sculpture, and theater, and the provision of training or education	7677
in these arts;	7678

(2) The presentation or making available, in museums or other	7679
indoor or outdoor facilities, of principles of science and their	7680
development, use, or application in business, industry, or	7681
commerce or of the history, heritage, development, presentation,	7682
and uses of the arts described in division (A)(1) of this section	7683
and of transportation;	7684

(3) The preservation, presentation, or making available of	7685
features of archaeological, architectural, environmental, or	7686
historical interest or significance in a state historical facility	7687
or a local historical facility.	7688

(B) "Cultural organization" means either of the following:

7689

(1) A governmental agency or Ohio nonprofit corporation,	7690
including the Ohio historical society, that provides programs or	7691
activities in areas directly concerned with culture;	7692

(2) A regional arts and cultural district as defined in	7693
section 3381.01 of the Revised Code.	7694

(C) "Cultural project" means all or any portion of an Ohio	7695
cultural facility for which the general assembly has ~~specifically~~	7696
~~authorized the spending of money, or~~ made an appropriation,	7697
~~pursuant to division (D)(3) or (E) of section 3383.07 of the~~	7698
~~Revised Code~~or has specifically authorized the spending of money	7699
or the making of rental payments relating to the financing of	7700
construction.	7701

(D) "Cooperative contract" means a contract between the Ohio	7702
~~cultural~~ facilities construction commission and a cultural	7703
organization providing the terms and conditions of the cooperative	7704
use of an Ohio cultural facility.	7705

(E) "Costs of operation" means amounts required to manage an	7706
Ohio cultural facility that are incurred following the completion	7707
of construction of its cultural project, provided that both of the	7708
following apply:	7709

(1) Those amounts either:

7710

(a) Have been committed to a fund dedicated to that purpose;

7711

(b) Equal the principal of any endowment fund, the income	7712
from which is dedicated to that purpose.	7713

(2) The commission and the cultural organization have	7714
executed an agreement with respect to either of those funds.	7715

(F) ~~"General building services" means general building~~	7716
~~services for an Ohio cultural facility or an Ohio sports facility,~~	7717
~~including, but not limited to, general custodial care, security,~~	7718
~~maintenance, repair, painting, decoration, cleaning, utilities,~~	7719
~~fire safety, grounds and site maintenance and upkeep, and~~	7720
~~plumbing.~~	7721

~~(G)~~ "Governmental agency" means ~~a state agency, a~~	7722
~~state-supported or state-assisted institution of higher education,~~	7723
a municipal corporation, county, township, or school district, a	7724
port authority created under Chapter 4582. of the Revised Code,	7725
any other political subdivision or special district in this state	7726
established by or pursuant to law, or any combination of these	7727
entities; except where otherwise indicated, the United States or	7728
any department, division, or agency of the United States, or any	7729
agency, commission, or authority established pursuant to an	7730
interstate compact or agreement.	7731

~~(H)~~(G) "Local contributions" means the value of an asset	7732
provided by or on behalf of a cultural organization from sources	7733
other than the state, the value and nature of which shall be	7734
approved by the Ohio ~~cultural~~ facilities construction commission,	7735
in its sole discretion. "Local contributions" may include the	7736
value of the site where a cultural project is to be constructed.	7737
All "local contributions," except a contribution attributable to	7738
such a site, shall be for the costs of construction of a cultural	7739
project or the creation or expansion of an endowment for the costs	7740
of operation of a cultural facility.	7741

~~(I)~~(H) "Local historical facility" means a site or facility,	7742
other than a state historical facility, of archaeological,	7743
architectural, environmental, or historical interest or	7744
significance, or a facility, including a storage facility,	7745
appurtenant to the operations of such a site or facility, that is	7746
owned by a cultural organization~~, provided the facility meets the~~	7747
~~requirements of division (K)(2)(b) of this section, is managed by~~	7748
~~or pursuant to a contract with the Ohio cultural facilities~~	7749
~~commission,~~ and is used for or in connection with ~~the~~cultural	7750
activities ~~of the commission~~, including the presentation or making	7751
available of culture to the public.	7752

~~(J)~~(I) "Manage," "operate," or "management" means the	7753
provision of, or the exercise of control over the provision of,	7754
activities:	7755

(1) Relating to culture for an Ohio cultural facility,	7756
including as applicable, but not limited to, providing for	7757
displays, exhibitions, specimens, and models; booking of artists,	7758
performances, or presentations; scheduling; and hiring or	7759
contracting for directors, curators, technical and scientific	7760
staff, ushers, stage managers, and others directly related to the	7761
cultural activities in the facility; but not including general	7762
building services;	7763

(2) Relating to sports and athletic events for an Ohio sports	7764
facility, including as applicable, but not limited to, providing	7765
for booking of athletes, teams, and events; scheduling; and hiring	7766
or contracting for staff, ushers, managers, and others directly	7767
related to the sports and athletic events in the facility; but not	7768
including general building services.	7769

~~(K)~~(J) "Ohio cultural facility" means any of the following:

7770

(1) The theaters located in the state office tower at 77	7771
South High street in Columbus;	7772

(2) Any ~~capital~~cultural facility in this state ~~to which both~~	7773
~~of the following apply:~~	7774

~~(a) The construction of a cultural project related to the~~	7775
~~facility was authorized or funded by the general assembly pursuant~~	7776
~~to division (D)(3) of section 3383.07 of the Revised Code and~~	7777
~~proceeds of state bonds are used for costs of the cultural~~	7778
~~project.~~	7779

~~(b) The facility~~that is managed directly by, or is subject	7780
to a cooperative or management contract with, the Ohio ~~cultural~~	7781
facilities construction commission~~, and is used for or in~~	7782
~~connection with the activities of the commission, including the~~	7783
~~presentation or making available of culture to the public and the~~	7784
~~provision of training or education in culture~~.	7785

(3) A state historical facility or a local historical	7786
facility.	7787

~~(L) "State agency" means the state or any of its branches,~~	7788
~~officers, boards, commissions, authorities, departments,~~	7789
~~divisions, or other units or agencies.~~	7790

~~(M)~~(K) "Construction" includes acquisition, including	7791
acquisition by lease-purchase, demolition, reconstruction,	7792
alteration, renovation, remodeling, enlargement, improvement, site	7793
improvements, and related equipping and furnishing.	7794

~~(N)~~(L) "State historical facility" means a site or facility	7795
that has all of the following characteristics:	7796

(1) It is created, supervised, operated, protected,	7797
maintained, and promoted by the Ohio historical society pursuant	7798
to the society's performance of public functions under sections	7799
149.30 and 149.302 of the Revised Code.	7800

(2) Its title must reside wholly or in part with the state,	7801
the society, or both the state and the society.	7802

(3) It is managed directly by or is subject to a cooperative	7803
or management contract with the Ohio ~~cultural~~ facilities	7804
construction commission and is used for or in connection with ~~the~~	7805
cultural activities ~~of the commission~~, including the presentation	7806
or making available of culture to the public.	7807

~~(O)~~(M) "Ohio sports facility" means all or a portion of a	7808
stadium, arena, tennis facility, motorsports complex, or other	7809
capital facility in this state. A primary purpose of the facility	7810
shall be to provide a site or venue for the presentation to the	7811
public of motorsports events, professional tennis tournaments, or	7812
events of one or more major or minor league professional athletic	7813
or sports teams that are associated with the state or with a city	7814
or region of the state. The facility shall be, in the case of a	7815
motorsports complex, owned by the state or governmental agency, or	7816
in all other instances, owned by or located on real property owned	7817
by the state or a governmental agency, and includes all parking	7818
facilities, walkways, and other auxiliary facilities, equipment,	7819
furnishings, and real and personal property and interests and	7820
rights therein, that may be appropriate for or used for or in	7821
connection with the facility or its operation, for capital costs	7822
of which state funds are spent pursuant to ~~this chapter~~this	7823
section and section 123.281 of the Revised Code. A facility	7824
constructed as an Ohio sports facility may be both an Ohio	7825
cultural facility and an Ohio sports facility.	7826

~~(P)~~(N) "Motorsports" means sporting events in which motor	7827
vehicles are driven on a clearly demarcated tracked surface.	7828

~~Sec. 3383.07.~~ Sec. 123.281. (A) The Ohio facilities construction	7829
commission shall provide for the construction of a cultural	7830
project in conformity with Chapter 153. of the Revised Code,	7831
except ~~as follows:~~	7832

~~(1) For a cultural project other than a state historical~~	7833
~~facility, construction services may be provided on behalf of the~~	7834
~~state by the Ohio cultural facilities commission, or by~~for	7835
construction services provided on behalf of the state by a	7836
governmental agency or a cultural organization in accordance with	7837
divisions (B) and (C) of this section.	7838

(B) In order for a governmental agency or a cultural	7839
organization ~~that occupies, will occupy, or is responsible for the~~	7840
~~Ohio cultural facility, as determined by the Ohio cultural~~	7841
~~facilities commission. For a project receiving a state~~	7842
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	7843
~~facilities commission may delegate to its executive director the~~	7844
~~authority to approve the provision of construction services by~~	7845
~~such an agency or organization, but not the authority to~~	7846
~~disapprove that provision. Construction services to be provided by~~	7847
~~a governmental agency or a cultural organization shall be~~	7848
~~specified in an agreement between the Ohio cultural facilities~~	7849
~~commission and the governmental agency or cultural organization.~~	7850
~~The agreement, or any actions taken under it, are not subject to~~	7851
~~Chapter 123. or 153. of the Revised Code, except for sections~~	7852
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	7853
~~Chapter 4115. of the Revised Code.~~	7854

~~(2) For a cultural project that is~~to provide construction	7855
services on behalf of the state for a cultural project, other than	7856
a state historical facility, for which the general assembly has	7857
made an appropriation or specifically authorized the spending of	7858
money or the making of rental payments relating to the financing	7859
of the construction, the governmental agency or cultural	7860
organization shall submit to the Ohio facilities construction	7861
commission a cooperative agreement that includes, but is not	7862
limited to, provisions that:	7863

(1) Specify how the proposed project will support culture, as	7864
defined in section 123.28 of the Revised Code;	7865

(2) Specify that the governmental agency or cultural	7866
organization has local contributions amounting to not less than	7867
fifty per cent of the total state funding for the cultural	7868
project;	7869

(3) Specify that the funds shall be used only for	7870
construction, as defined in section 123.28 of the Revised Code;	7871

(4) Identify the facility to be constructed, renovated,	7872
remodeled, or improved;	7873

(5) Specify that the project scope meets the intent and	7874
purpose of the project appropriation and that the project can be	7875
completed and ready for full occupancy without exceeding	7876
appropriated funds;	7877

(6) Specify that the governmental agency or cultural	7878
organization shall hold the Ohio facilities construction	7879
commission harmless from all liability for the operation and	7880
maintenance costs of the facility;	7881

(7) Specify that the agreement or any actions taken under it	7882
are not subject to Chapters 123. or 153. of the Revised Code,	7883
except for section 153.011 of the Revised Code, and are subject to	7884
Chapter 4115. of the Revised Code; and	7885

(8) Provide that amendments to the agreement shall require	7886
the approval of the Ohio facilities construction commission.	7887

(C) In order for a cultural organization to provide	7888
construction services on behalf of the state for a state	7889
historical facility~~, construction services may be provided by the~~	7890
~~Ohio cultural facilities commission or by a cultural organization~~	7891
~~that occupies, will occupy, or is responsible for the facility, as~~	7892
~~determined by the Ohio cultural facilities commission. For a~~	7893
~~facility receiving a state appropriation of fifty thousand dollars~~	7894
~~or less, the Ohio cultural facilities commission may delegate to~~	7895
~~its executive director the authority to approve the provision of~~	7896
~~construction services by such an organization, but not the~~	7897
~~authority to disapprove that provision. The construction services~~	7898
~~to be provided by the cultural organization shall be specified in~~	7899
~~an agreement between the Ohio cultural facilities commission and~~	7900
~~the cultural organization. That agreement, and any actions taken~~	7901
~~under it, are not subject to Chapter 123., 153., or 4115. of the~~	7902
~~Revised Code.~~	7903

~~(B) For an Ohio sports facility that is financed in part by~~	7904
~~obligations issued pursuant to Chapter 154. of the Revised Code,~~	7905
~~construction services shall be provided on behalf of the state by~~	7906
~~or at the direction of the governmental agency or nonprofit~~	7907
~~corporation that will own or be responsible for the management of~~	7908
~~the facility, all as determined by the Ohio cultural facilities~~	7909
~~commission. For a facility receiving a state appropriation of~~	7910
~~fifty thousand dollars or less, the Ohio cultural facilities~~	7911
~~commission may delegate to its executive director the authority to~~	7912
~~approve the provision of construction services by or at the~~	7913
~~direction of the agency or corporation, but not the authority to~~	7914
~~disapprove that provision. Any construction services to be~~	7915
~~provided by a governmental agency or nonprofit corporation shall~~	7916
~~be specified in an agreement between the Ohio cultural facilities~~	7917
~~commission and the governmental agency or nonprofit corporation.~~	7918
~~That agreement, and any actions taken under it, are not subject to~~	7919
~~Chapter 123. or 153. of the Revised Code, except for sections~~	7920
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	7921
~~Chapter 4115. of the Revised Code.~~	7922

~~(C) General building services for an Ohio cultural facility~~	7923
~~shall be provided by the Ohio cultural facilities commission or by~~	7924
~~a cultural organization that occupies, will occupy, or is~~	7925
~~responsible for the facility, as determined by the Ohio cultural~~	7926
~~facilities commission. For a facility receiving a state~~	7927
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	7928
~~facilities commission may delegate to its executive director the~~	7929
~~authority to approve the provision of general building services by~~	7930
~~such an organization, but not the authority to disapprove that~~	7931
~~provision. Alternatively, the Ohio building authority may elect to~~	7932
~~provide those services for Ohio cultural facilities financed with~~	7933
~~proceeds of state bonds issued by the authority. The costs of~~	7934
~~management and general building services shall be paid by the~~	7935
~~cultural organization that occupies, will occupy, or is~~	7936
~~responsible for the facility as provided in an agreement between~~	7937
~~the Ohio cultural facilities commission and the cultural~~	7938
~~organization, except that the state may pay for general building~~	7939
~~services for state-owned cultural facilities constructed on~~	7940
~~state-owned land.~~	7941

~~General building services for an Ohio sports facility shall~~	7942
~~be provided by or at the direction of the governmental agency or~~	7943
~~nonprofit corporation that will be responsible for the management~~	7944
~~of the facility, all as determined by the Ohio cultural facilities~~	7945
~~commission. For a facility receiving a state appropriation of~~	7946
~~fifty thousand dollars or less, the Ohio cultural facilities~~	7947
~~commission may delegate to its executive director the authority to~~	7948
~~approve the provision of general building services by or at the~~	7949
~~direction of the agency or corporation, but not the authority to~~	7950
~~disapprove that provision. Any general building services to be~~	7951
~~provided by a governmental agency or nonprofit corporation for an~~	7952
~~Ohio sports facility shall be specified in an agreement between~~	7953
~~the Ohio cultural facilities commission and the governmental~~	7954
~~agency or nonprofit corporation. That agreement, and any actions~~	7955
~~taken under it, are not subject to Chapter 123. or 153. of the~~	7956
~~Revised Code, except for sections 123.081 and 153.011 of the~~	7957
~~Revised Code, and shall be subject to Chapter 4115. of the Revised~~	7958
~~Code.~~	7959

~~(D) This division does not apply to a state historical~~	7960
~~facility. No state funds, including any state bond proceeds, shall~~	7961
~~be spent on the construction of any cultural project under this~~	7962
~~chapter unless, with respect to the cultural project and to the~~	7963
~~Ohio cultural facility related to the project, all of the~~	7964
~~following apply:~~	7965

~~(1) The Ohio cultural facilities commission has determined~~	7966
~~that there is a need for the cultural project and the Ohio~~	7967
~~cultural facility related to the project in the region of the~~	7968
~~state in which the Ohio cultural facility is located or for which~~	7969
~~the facility is proposed. For a project receiving a state~~	7970
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	7971
~~facilities commission may delegate to its executive director the~~	7972
~~authority to determine need but only in the affirmative.~~	7973

~~(2) The Ohio cultural facilities commission has determined~~	7974
~~that, as an indication of substantial regional support for the~~	7975
~~cultural project, the cultural organization has made provision~~	7976
~~satisfactory to the Ohio cultural facilities commission, in its~~	7977
~~sole discretion, for local contributions amounting to not less~~	7978
~~than fifty per cent of the total state funding for the cultural~~	7979
~~project. For a project receiving a state appropriation of fifty~~	7980
~~thousand dollars or less, the Ohio cultural facilities commission~~	7981
~~may delegate to its executive director the authority to determine~~	7982
~~the adequacy of the regional support but only in the affirmative.~~	7983

~~(3) The general assembly has specifically authorized the~~	7984
~~spending of money on, or made an appropriation for, the~~	7985
~~construction of the cultural project, or for rental payments~~	7986
~~relating to the financing of the construction of the cultural~~	7987
~~project. Authorization to spend money, or an appropriation, for~~	7988
~~planning the cultural project does not constitute authorization to~~	7989
~~spend money on, or an appropriation for, construction of the~~	7990
~~cultural project.~~	7991

~~(E) No state funds, including any state bond proceeds, shall~~	7992
~~be spent on the construction of any state historical facility~~	7993
~~under this chapter unless the general assembly has specifically~~	7994
~~authorized the spending of money on, or made an appropriation for,~~	7995
~~the construction of the state historical project related to the~~	7996
~~facility, or for rental payments relating to the financing of the~~	7997
~~construction of the state historical project. Authorization to~~	7998
~~spend money, or an appropriation, for planning the state~~	7999
~~historical project does not constitute authorization to spend~~	8000
~~money on, or an appropriation for, the construction of the state~~	8001
~~historical project.~~	8002

~~(F)~~for which the general assembly has made an appropriation	8003
or specifically authorized the spending of money or the making of	8004
rental payments relating to the financing of the construction, the	8005
cultural organization shall submit to the Ohio facilities	8006
construction commission a cooperative agreement that includes, but	8007
is not limited to, provisions that:	8008

(1) Specify how the proposed project will support culture, as	8009
defined in section 123.28 of the Revised Code;	8010

(2) Specify that the funds shall be used only for	8011
construction, as defined in section 123.28 of the Revised Code;	8012

(3) Identify the facility to be constructed, renovated,	8013
remodeled, or improved;	8014

(4) Specify that the project scope meets the intent and	8015
purpose of the project appropriation and that the project can be	8016
completed and ready for full occupancy without exceeding	8017
appropriated funds;	8018

(5) Specify that the cultural organization shall hold the	8019
Ohio facilities construction commission harmless from all	8020
liability for the operation and maintenance costs of the facility;	8021

(6) Specify that the agreement or any actions taken under it	8022
are not subject to Chapters 123., 153., or 4115. of the Revised	8023
Code; and	8024

(7) Provide that amendments to the agreement shall require	8025
the approval of the Ohio facilities construction commission.	8026

(D) State funds shall not be used to pay or reimburse more	8027
than fifteen per cent of the initial estimated construction cost	8028
of an Ohio sports facility, excluding any site acquisition cost,	8029
and no state funds, including any state bond proceeds, shall be	8030
spent on any Ohio sports facility under this chapter unless, with	8031
respect to that facility, all of the following apply:	8032

(1) The Ohio ~~cultural~~ facilities construction commission has	8033
~~determined that there is a need for the facility in the region of~~	8034
~~the state for which the facility is proposed to provide the~~	8035
~~function of an Ohio sports facility as provided for in this~~	8036
~~chapter. For a facility receiving a state appropriation of fifty~~	8037
~~thousand dollars or less, the Ohio cultural facilities commission~~	8038
~~may delegate to its executive director the authority to determine~~	8039
~~need but only in the affirmative.~~	8040

~~(2) As an indication of substantial local support for the~~	8041
~~facility, the Ohio cultural facilities commission has~~ received a	8042
financial and development plan satisfactory to it, and provision	8043
has been made, by agreement or otherwise, satisfactory to the ~~Ohio~~	8044
~~cultural facilities~~ commission, for a contribution amounting to	8045
not less than eighty-five per cent of the total estimated	8046
construction cost of the facility, excluding any site acquisition	8047
cost, from sources other than the state. ~~For a facility receiving~~	8048
~~a state appropriation of fifty thousand dollars or less, the Ohio~~	8049
~~cultural facilities commission may delegate to its executive~~	8050
~~director the authority to evaluate the financial and development~~	8051
~~plan and the contribution and to determine their adequacy but only~~	8052
~~in the affirmative.~~	8053

~~(3)~~(2) The general assembly has specifically authorized the	8054
spending of money on, or made an appropriation for, the	8055
construction of the facility, or for rental payments relating to	8056
state financing of all or a portion of the costs of constructing	8057
the facility. Authorization to spend money, or an appropriation,	8058
for planning or determining the feasibility of or need for the	8059
facility does not constitute authorization to spend money on, or	8060
an appropriation for, costs of constructing the facility.	8061

~~(4)~~(3) If state bond proceeds are being used for the Ohio	8062
sports facility, the state or a governmental agency owns or has	8063
sufficient property interests in the facility or in the site of	8064
the facility or in the portion or portions of the facility	8065
financed from proceeds of state bonds, which may include, but is	8066
not limited to, the right to use or to require the use of the	8067
facility for the presentation of sport and athletic events to the	8068
public at the facility.	8069

~~(G)~~(E) In addition to the requirements of division ~~(F)~~(D) of	8070
this section, no state funds, including any state bond proceeds,	8071
shall be spent on any Ohio sports facility that is a motorsports	8072
complex, unless, with respect to that facility, both of the	8073
following apply:	8074

(1) Motorsports events shall be presented at the facility	8075
pursuant to a lease entered into with the owner of the facility.	8076
The term of the lease shall be for a period of not less than the	8077
greater of the useful life of the portion of the facility financed	8078
from proceeds of state bonds as determined using the guidelines	8079
for maximum maturities as provided under divisions (B) and (C) of	8080
section 133.20 of the Revised Code, or the period of time	8081
remaining to the date of payment or provision for payment of	8082
outstanding state bonds allocable to costs of the facility, all as	8083
determined by the director of budget and management and certified	8084
by the executive director toof the Ohio ~~cultural~~ facilities	8085
construction commission and to the treasurer of state.	8086

(2) Any motorsports organization that commits to using the	8087
facility for an established period of time shall give the	8088
political subdivision in which the facility is located not less	8089
than six months' advance notice if the organization intends to	8090
cease utilizing the facility prior to the expiration of that	8091
established period. Such a motorsports organization shall be	8092
liable to the state for any state funds used on the construction	8093
costs of the facility.	8094

~~(H)~~(F) In addition to the requirements of division ~~(F)~~(D) of	8095
this section, no state bond proceeds shall be spent on any Ohio	8096
sports facility that is a tennis facility, unless the owner or	8097
manager of the facility provides contractual commitments from a	8098
national or international professional tennis organization in a	8099
form acceptable to the ~~cultural~~Ohio facilities construction	8100
commission that assures that one or more sanctioned professional	8101
tennis events will be presented at the facility during each year	8102
that the bonds remain outstanding.	8103

Sec. 124.11. The civil service of the state and the several	8104
counties, cities, civil service townships, city health districts,	8105
general health districts, and city school districts of the state	8106
shall be divided into the unclassified service and the classified	8107
service.	8108

(A) The unclassified service shall comprise the following	8109
positions, which shall not be included in the classified service,	8110
and which shall be exempt from all examinations required by this	8111
chapter:	8112

(1) All officers elected by popular vote or persons appointed	8113
to fill vacancies in those offices;	8114

(2) All election officers as defined in section 3501.01 of	8115
the Revised Code;	8116

(3)(a) The members of all boards and commissions, and heads	8117
of principal departments, boards, and commissions appointed by the	8118
governor or by and with the governor's consent;	8119

(b) The heads of all departments appointed by a board of	8120
county commissioners;	8121

(c) The members of all boards and commissions and all heads	8122
of departments appointed by the mayor, or, if there is no mayor,	8123
such other similar chief appointing authority of any city or city	8124
school district;	8125

Except as otherwise provided in division (A)(17) or (C) of	8126
this section, this chapter does not exempt the chiefs of police	8127
departments and chiefs of fire departments of cities or civil	8128
service townships from the competitive classified service.	8129

(4) The members of county or district licensing boards or	8130
commissions and boards of revision, and not more than five deputy	8131
county auditors;	8132

(5) All officers and employees elected or appointed by either	8133
or both branches of the general assembly, and employees of the	8134
city legislative authority engaged in legislative duties;	8135

(6) All commissioned, warrant, and noncommissioned officers	8136
and enlisted persons in the Ohio organized militia, including	8137
military appointees in the adjutant general's department;	8138

(7)(a) All presidents, business managers, administrative	8139
officers, superintendents, assistant superintendents, principals,	8140
deans, assistant deans, instructors, teachers, and such employees	8141
as are engaged in educational or research duties connected with	8142
the public school system, colleges, and universities, as	8143
determined by the governing body of the public school system,	8144
colleges, and universities;	8145

(b) The library staff of any library in the state supported	8146
wholly or in part at public expense.	8147

(8) Four clerical and administrative support employees for	8148
each of the elective state officers, four clerical and	8149
administrative support employees for each board of county	8150
commissioners and one such employee for each county commissioner,	8151
and four clerical and administrative support employees for other	8152
elective officers and each of the principal appointive executive	8153
officers, boards, or commissions, except for civil service	8154
commissions, that are authorized to appoint such clerical and	8155
administrative support employees;	8156

(9) The deputies and assistants of state agencies authorized	8157
to act for and on behalf of the agency, or holding a fiduciary or	8158
administrative relation to that agency and those persons employed	8159
by and directly responsible to elected county officials or a	8160
county administrator and holding a fiduciary or administrative	8161
relationship to such elected county officials or county	8162
administrator, and the employees of such county officials whose	8163
fitness would be impracticable to determine by competitive	8164
examination, provided that division (A)(9) of this section shall	8165
not affect those persons in county employment in the classified	8166
service as of September 19, 1961. Nothing in division (A)(9) of	8167
this section applies to any position in a county department of job	8168
and family services created pursuant to Chapter 329. of the	8169
Revised Code.	8170

(10) Bailiffs, constables, official stenographers, and	8171
commissioners of courts of record, deputies of clerks of the	8172
courts of common pleas who supervise or who handle public moneys	8173
or secured documents, and such officers and employees of courts of	8174
record and such deputies of clerks of the courts of common pleas	8175
as the appointing authority finds it impracticable to determine	8176
their fitness by competitive examination;	8177

(11) Assistants to the attorney general, special counsel	8178
appointed or employed by the attorney general, assistants to	8179
county prosecuting attorneys, and assistants to city directors of	8180
law;	8181

(12) Such teachers and employees in the agricultural	8182
experiment stations; such students in normal schools, colleges,	8183
and universities of the state who are employed by the state or a	8184
political subdivision of the state in student or intern	8185
classifications; and such unskilled labor positions as the	8186
director of administrative services, with respect to positions in	8187
the service of the state, or any municipal civil service	8188
commission may find it impracticable to include in the competitive	8189
classified service; provided such exemptions shall be by order of	8190
the commission or the director, duly entered on the record of the	8191
commission or the director with the reasons for each such	8192
exemption;	8193

(13) Any physician or dentist who is a full-time employee of	8194
the department of ~~mental health~~mental health and addiction	8195
services, the department of developmental disabilities, or an	8196
institution under the jurisdiction of either department; and	8197
physicians who are in residency programs at the institutions;	8198

(14) Up to twenty positions at each institution under the	8199
jurisdiction of the department of ~~mental health~~mental health and	8200
addiction services or the department of developmental disabilities	8201
that the department director determines to be primarily	8202
administrative or managerial; and up to fifteen positions in any	8203
division of either department, excluding administrative assistants	8204
to the director and division chiefs, which are within the	8205
immediate staff of a division chief and which the director	8206
determines to be primarily and distinctively administrative and	8207
managerial;	8208

(15) Noncitizens of the United States employed by the state,	8209
or its counties or cities, as physicians or nurses who are duly	8210
licensed to practice their respective professions under the laws	8211
of this state, or medical assistants, in mental or chronic disease	8212
hospitals, or institutions;	8213

(16) Employees of the governor's office;

8214

(17) Fire chiefs and chiefs of police in civil service	8215
townships appointed by boards of township trustees under section	8216
505.38 or 505.49 of the Revised Code;	8217

(18) Executive directors, deputy directors, and program	8218
directors employed by boards of alcohol, drug addiction, and	8219
mental health services under Chapter 340. of the Revised Code, and	8220
secretaries of the executive directors, deputy directors, and	8221
program directors;	8222

(19) Superintendents, and management employees as defined in	8223
section 5126.20 of the Revised Code, of county boards of	8224
developmental disabilities;	8225

(20) Physicians, nurses, and other employees of a county	8226
hospital who are appointed pursuant to sections 339.03 and 339.06	8227
of the Revised Code;	8228

(21) The executive director of the state medical board, who	8229
is appointed pursuant to division (B) of section 4731.05 of the	8230
Revised Code;	8231

(22) County directors of job and family services as provided	8232
in section 329.02 of the Revised Code and administrators appointed	8233
under section 329.021 of the Revised Code;	8234

(23) A director of economic development who is hired pursuant	8235
to division (A) of section 307.07 of the Revised Code;	8236

(24) Chiefs of construction and compliance, of operations and	8237
maintenance, of worker protection, and of licensing and	8238
certification in the division of industrial compliance in the	8239
department of commerce;	8240

(25) The executive director of a county transit system	8241
appointed under division (A) of section 306.04 of the Revised	8242
Code;	8243

(26) Up to five positions at each of the administrative	8244
departments listed in section 121.02 of the Revised Code and at	8245
the department of taxation, department of the adjutant general,	8246
department of education, Ohio board of regents, bureau of workers'	8247
compensation, industrial commission, state lottery commission, and	8248
public utilities commission of Ohio that the head of that	8249
administrative department or of that other state agency determines	8250
to be involved in policy development and implementation. The head	8251
of the administrative department or other state agency shall set	8252
the compensation for employees in these positions at a rate that	8253
is not less than the minimum compensation specified in pay range	8254
41 but not more than the maximum compensation specified in pay	8255
range 4447 of salary schedule E-2 in section 124.152 of the	8256
Revised Code. The authority to establish positions in the	8257
unclassified service under division (A)(26) of this section is in	8258
addition to and does not limit any other authority that an	8259
administrative department or state agency has under the Revised	8260
Code to establish positions, appoint employees, or set	8261
compensation.	8262

(27) Employees of the department of agriculture employed	8263
under section 901.09 of the Revised Code;	8264

(28) For cities, counties, civil service townships, city	8265
health districts, general health districts, and city school	8266
districts, the deputies and assistants of elective or principal	8267
executive officers authorized to act for and in the place of their	8268
principals or holding a fiduciary relation to their principals;	8269

(29) Employees who receive intermittent or temporary	8270
appointments under division (B) of section 124.30 of the Revised	8271
Code;	8272

(30) Employees appointed to administrative staff positions	8273
for which an appointing authority is given specific statutory	8274
authority to set compensation;	8275

(31) Employees appointed to highway patrol cadet or highway	8276
patrol cadet candidate classifications;	8277

(32) Employees placed in the unclassified service by another	8278
section of the Revised Code.	8279

(B) The classified service shall comprise all persons in the	8280
employ of the state and the several counties, cities, city health	8281
districts, general health districts, and city school districts of	8282
the state, not specifically included in the unclassified service.	8283
Upon the creation by the board of trustees of a civil service	8284
township civil service commission, the classified service shall	8285
also comprise, except as otherwise provided in division (A)(17) or	8286
(C) of this section, all persons in the employ of a civil service	8287
township police or fire department having ten or more full-time	8288
paid employees. The classified service consists of two classes,	8289
which shall be designated as the competitive class and the	8290
unskilled labor class.	8291

(1) The competitive class shall include all positions and	8292
employments in the state and the counties, cities, city health	8293
districts, general health districts, and city school districts of	8294
the state, and, upon the creation by the board of trustees of a	8295
civil service township of a township civil service commission, all	8296
positions in a civil service township police or fire department	8297
having ten or more full-time paid employees, for which it is	8298
practicable to determine the merit and fitness of applicants by	8299
competitive examinations. Appointments shall be made to, or	8300
employment shall be given in, all positions in the competitive	8301
class that are not filled by promotion, reinstatement, transfer,	8302
or reduction, as provided in this chapter, and the rules of the	8303
director of administrative services, by appointment from those	8304
certified to the appointing officer in accordance with this	8305
chapter.	8306

(2) The unskilled labor class shall include ordinary	8307
unskilled laborers. Vacancies in the labor class for positions in	8308
service of the state shall be filled by appointment from lists of	8309
applicants registered by the director or the director's designee.	8310
Vacancies in the labor class for all other positions shall be	8311
filled by appointment from lists of applicants registered by a	8312
commission. The director or the commission, as applicable, by	8313
rule, shall require an applicant for registration in the labor	8314
class to furnish evidence or take tests as the director or	8315
commission considers proper with respect to age, residence,	8316
physical condition, ability to labor, honesty, sobriety, industry,	8317
capacity, and experience in the work or employment for which	8318
application is made. Laborers who fulfill the requirements shall	8319
be placed on the eligible list for the kind of labor or employment	8320
sought, and preference shall be given in employment in accordance	8321
with the rating received from that evidence or in those tests.	8322
Upon the request of an appointing officer, stating the kind of	8323
labor needed, the pay and probable length of employment, and the	8324
number to be employed, the director or commission, as applicable,	8325
shall certify from the highest on the list double the number to be	8326
employed; from this number, the appointing officer shall appoint	8327
the number actually needed for the particular work. If more than	8328
one applicant receives the same rating, priority in time of	8329
application shall determine the order in which their names shall	8330
be certified for appointment.	8331

(C) A municipal or civil service township civil service	8332
commission may place volunteer firefighters who are paid on a	8333
fee-for-service basis in either the classified or the unclassified	8334
civil service.	8335

(D)(1) This division does not apply to persons in the	8336
unclassified service who have the right to resume positions in the	8337
classified service under sections 4121.121, ~~5119.071~~5119.18,	8338
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	8339
Revised Code or to cities, counties, or political subdivisions of	8340
the state.	8341

(2) A person who holds a position in the classified service	8342
of the state and who is appointed to a position in the	8343
unclassified service shall retain the right to resume the position	8344
and status held by the person in the classified service	8345
immediately prior to the person's appointment to the position in	8346
the unclassified service, regardless of the number of positions	8347
the person held in the unclassified service. An employee's right	8348
to resume a position in the classified service may only be	8349
exercised when an appointing authority demotes the employee to a	8350
pay range lower than the employee's current pay range or revokes	8351
the employee's appointment to the unclassified service and:	8352

(a) That person held a certified position prior to July 1,	8353
2007, in the classified service within the appointing authority's	8354
agency; or	8355

(b) That person held a permanent position on or after July 1,	8356
2007, in the classified service within the appointing authority's	8357
agency.	8358

(3) An employee forfeits the right to resume a position in	8359
the classified service when:	8360

(a) The employee is removed from the position in the	8361
unclassified service due to incompetence, inefficiency,	8362
dishonesty, drunkenness, immoral conduct, insubordination,	8363
discourteous treatment of the public, neglect of duty, violation	8364
of this chapter or the rules of the director of administrative	8365
services, any other failure of good behavior, any other acts of	8366
misfeasance, malfeasance, or nonfeasance in office, or conviction	8367
of a felony; or	8368

(b) Upon transfer to a different agency.

8369

(4) Reinstatement to a position in the classified service	8370
shall be to a position substantially equal to that position in the	8371
classified service held previously, as certified by the director	8372
of administrative services. If the position the person previously	8373
held in the classified service has been placed in the unclassified	8374
service or is otherwise unavailable, the person shall be appointed	8375
to a position in the classified service within the appointing	8376
authority's agency that the director of administrative services	8377
certifies is comparable in compensation to the position the person	8378
previously held in the classified service. Service in the position	8379
in the unclassified service shall be counted as service in the	8380
position in the classified service held by the person immediately	8381
prior to the person's appointment to the position in the	8382
unclassified service. When a person is reinstated to a position in	8383
the classified service as provided in this division, the person is	8384
entitled to all rights, status, and benefits accruing to the	8385
position in the classified service during the person's time of	8386
service in the position in the unclassified service.	8387

Sec. 124.14. (A)(1) The director of administrative services	8388
shall establish, and may modify or rescind, by rule, a job	8389
classification plan for all positions, offices, and employments	8390
~~the salaries of which are paid in whole or in part by~~in the	8391
service of the state. The director shall group jobs within a	8392
classification so that the positions are similar enough in duties	8393
and responsibilities to be described by the same title, to have	8394
the same pay assigned with equity, and to have the same	8395
qualifications for selection applied. The director shall, by rule,	8396
assign a classification title to each classification within the	8397
classification plan. However, the director shall consider in	8398
establishing classifications, including classifications with	8399
parenthetical titles, and assigning pay ranges such factors as	8400
duties performed only on one shift, special skills in short supply	8401
in the labor market, recruitment problems, separation rates,	8402
comparative salary rates, the amount of training required, and	8403
other conditions affecting employment. The director shall describe	8404
the duties and responsibilities of the class, establish the	8405
qualifications for being employed in each position in the class,	8406
and file with the secretary of state a copy of specifications for	8407
all of the classifications. The director shall file new,	8408
additional, or revised specifications with the secretary of state	8409
before they are used.	8410

The director shall, by rule, assign each classification,	8411
either on a statewide basis or in particular counties or state	8412
institutions, to a pay range established under section 124.15 or	8413
section 124.152 of the Revised Code. The director may assign a	8414
classification to a pay range on a temporary basis for a period of	8415
six months. The director may establish, by rule adopted under	8416
Chapter 119. of the Revised Code, experimental classification	8417
plans for some or all employees paid directly by warrant of the	8418
director of budget and management. The rule shall include	8419
specifications for each classification within the plan and shall	8420
specifically address compensation ranges, and methods for	8421
advancing within the ranges, for the classifications, which may be	8422
assigned to pay ranges other than the pay ranges established under	8423
section 124.15 or 124.152 of the Revised Code.	8424

(2) The director of administrative services may reassign to a	8425
proper classification those positions that have been assigned to	8426
an improper classification. If the compensation of an employee in	8427
such a reassigned position exceeds the maximum rate of pay for the	8428
employee's new classification, the employee shall be placed in pay	8429
step X and shall not receive an increase in compensation until the	8430
maximum rate of pay for that classification exceeds the employee's	8431
compensation.	8432

(3) The director may reassign an exempt employee, as defined	8433
in section 124.152 of the Revised Code, to a bargaining unit	8434
classification if the director determines that the bargaining unit	8435
classification is the proper classification for that employee.	8436
Notwithstanding Chapter 4117. of the Revised Code or instruments	8437
and contracts negotiated under it, these placements are at the	8438
director's discretion.	8439

(4) The director shall, by rule, assign related	8440
classifications, which form a career progression, to a	8441
classification series. The director shall, by rule, assign each	8442
classification in the classification plan a five-digit number, the	8443
first four digits of which shall denote the classification series	8444
to which the classification is assigned. When a career progression	8445
encompasses more than ten classifications, the director shall, by	8446
rule, identify the additional classifications belonging to a	8447
classification series. The additional classifications shall be	8448
part of the classification series, notwithstanding the fact that	8449
the first four digits of the number assigned to the additional	8450
classifications do not correspond to the first four digits of the	8451
numbers assigned to other classifications in the classification	8452
series.	8453

(B) Division (A) of this section and sections 124.15 and	8454
124.152 of the Revised Code do not apply to the following persons,	8455
positions, offices, and employments:	8456

(1) Elected officials;

8457

(2) Legislative employees, employees of the legislative	8458
service commission, employees in the office of the governor,	8459
employees who are in the unclassified civil service and exempt	8460
from collective bargaining coverage in the office of the secretary	8461
of state, auditor of state, treasurer of state, and attorney	8462
general, and employees of the supreme court;	8463

(3) Any position for which the authority to determine	8464
compensation is given by law to another individual or entity;	8465

(4) Employees of the bureau of workers' compensation whose	8466
compensation the administrator of workers' compensation	8467
establishes under division (B) of section 4121.121 of the Revised	8468
Code.	8469

(C) The director may employ a consulting agency to aid and	8470
assist the director in carrying out this section.	8471

(D)(1) When the director proposes to modify a classification	8472
or the assignment of classes to appropriate pay ranges, the	8473
director shall send written notice of the proposed rule to the	8474
appointing authorities of the affected employees thirty days	8475
before a hearing on the proposed rule. The appointing authorities	8476
shall notify the affected employees regarding the proposed rule.	8477
The director also shall send those appointing authorities notice	8478
of any final rule that is adopted within ten days after adoption.	8479

(2) When the director proposes to reclassify any employee in	8480
the service of the state so that the employee is adversely	8481
affected, the director shall give to the employee affected and to	8482
the employee's appointing authority a written notice setting forth	8483
the proposed new classification, pay range, and salary. Upon the	8484
request of any classified employee in the service of the state who	8485
is not serving in a probationary period, the director shall	8486
perform a job audit to review the classification of the employee's	8487
position to determine whether the position is properly classified.	8488
The director shall give to the employee affected and to the	8489
employee's appointing authority a written notice of the director's	8490
determination whether or not to reclassify the position or to	8491
reassign the employee to another classification. An employee or	8492
appointing authority desiring a hearing shall file a written	8493
request for the hearing with the state personnel board of review	8494
within thirty days after receiving the notice. The board shall set	8495
the matter for a hearing and notify the employee and appointing	8496
authority of the time and place of the hearing. The employee, the	8497
appointing authority, or any authorized representative of the	8498
employee who wishes to submit facts for the consideration of the	8499
board shall be afforded reasonable opportunity to do so. After the	8500
hearing, the board shall consider anew the reclassification and	8501
may order the reclassification of the employee and require the	8502
director to assign the employee to such appropriate classification	8503
as the facts and evidence warrant. As provided in division (A)(1)	8504
of section 124.03 of the Revised Code, the board may determine the	8505
most appropriate classification for the position of any employee	8506
coming before the board, with or without a job audit. The board	8507
shall disallow any reclassification or reassignment classification	8508
of any employee when it finds that changes have been made in the	8509
duties and responsibilities of any particular employee for	8510
political, religious, or other unjust reasons.	8511

(E)(1) Employees of each county department of job and family	8512
services shall be paid a salary or wage established by the board	8513
of county commissioners. The provisions of section 124.18 of the	8514
Revised Code concerning the standard work week apply to employees	8515
of county departments of job and family services. A board of	8516
county commissioners may do either of the following:	8517

(a) Notwithstanding any other section of the Revised Code,	8518
supplement the sick leave, vacation leave, personal leave, and	8519
other benefits of any employee of the county department of job and	8520
family services of that county, if the employee is eligible for	8521
the supplement under a written policy providing for the	8522
supplement;	8523

(b) Notwithstanding any other section of the Revised Code,	8524
establish alternative schedules of sick leave, vacation leave,	8525
personal leave, or other benefits for employees not inconsistent	8526
with the provisions of a collective bargaining agreement covering	8527
the affected employees.	8528

(2) Division (E)(1) of this section does not apply to	8529
employees for whom the state employment relations board	8530
establishes appropriate bargaining units pursuant to section	8531
4117.06 of the Revised Code, except in either of the following	8532
situations:	8533

(a) The employees for whom the state employment relations	8534
board establishes appropriate bargaining units elect no	8535
representative in a board-conducted representation election.	8536

(b) After the state employment relations board establishes	8537
appropriate bargaining units for such employees, all employee	8538
organizations withdraw from a representation election.	8539

(F)(1) Notwithstanding any contrary provision of sections	8540
124.01 to 124.64 of the Revised Code, the board of trustees of	8541
each state university or college, as defined in section 3345.12 of	8542
the Revised Code, shall carry out all matters of governance	8543
involving the officers and employees of the university or college,	8544
including, but not limited to, the powers, duties, and functions	8545
of the department of administrative services and the director of	8546
administrative services specified in this chapter. Officers and	8547
employees of a state university or college shall have the right of	8548
appeal to the state personnel board of review as provided in this	8549
chapter.	8550

(2) Each board of trustees shall adopt rules under section	8551
111.15 of the Revised Code to carry out the matters of governance	8552
described in division (F)(1) of this section. Until the board of	8553
trustees adopts those rules, a state university or college shall	8554
continue to operate pursuant to the applicable rules adopted by	8555
the director of administrative services under this chapter.	8556

(G)(1) Each board of county commissioners may, by a	8557
resolution adopted by a majority of its members, establish a	8558
county personnel department to exercise the powers, duties, and	8559
functions specified in division (G) of this section. As used in	8560
division (G) of this section, "county personnel department" means	8561
a county personnel department established by a board of county	8562
commissioners under division (G)(1) of this section.	8563

(2)(a) Each board of county commissioners, by a resolution	8564
adopted by a majority of its members, may designate the county	8565
personnel department of the county to exercise the powers, duties,	8566
and functions specified in sections 124.01 to 124.64 and Chapter	8567
325. of the Revised Code with regard to employees in the service	8568
of the county, except for the powers and duties of the state	8569
personnel board of review, which powers and duties shall not be	8570
construed as having been modified or diminished in any manner by	8571
division (G)(2) of this section, with respect to the employees for	8572
whom the board of county commissioners is the appointing authority	8573
or co-appointing authority.	8574

(b) Nothing in division (G)(2) of this section shall be	8575
construed to limit the right of any employee who possesses the	8576
right of appeal to the state personnel board of review to continue	8577
to possess that right of appeal.	8578

(c) Any board of county commissioners that has established a	8579
county personnel department may contract with the department of	8580
administrative services, in accordance with division (H) of this	8581
section, another political subdivision, or an appropriate public	8582
or private entity to provide competitive testing services or other	8583
appropriate services.	8584

(3) After the county personnel department of a county has	8585
been established as described in division (G)(2) of this section,	8586
any elected official, board, agency, or other appointing authority	8587
of that county, upon written notification to the county personnel	8588
department, may elect to use the services and facilities of the	8589
county personnel department. Upon receipt of the notification by	8590
the county personnel department, the county personnel department	8591
shall exercise the powers, duties, and functions as described in	8592
division (G)(2) of this section with respect to the employees of	8593
that elected official, board, agency, or other appointing	8594
authority.	8595

(4) Each board of county commissioners, by a resolution	8596
adopted by a majority of its members, may disband the county	8597
personnel department.	8598

(5) Any elected official, board, agency, or appointing	8599
authority of a county may end its involvement with a county	8600
personnel department upon actual receipt by the department of a	8601
certified copy of the notification that contains the decision to	8602
no longer participate.	8603

(6) A county personnel department, in carrying out its	8604
duties, shall adhere to merit system principles with regard to	8605
employees of county departments of job and family services, child	8606
support enforcement agencies, and public child welfare agencies so	8607
that there is no threatened loss of federal funding for these	8608
agencies, and the county is financially liable to the state for	8609
any loss of federal funds due to the action or inaction of the	8610
county personnel department.	8611

(H) County agencies may contract with the department of	8612
administrative services for any human resources services,	8613
including, but not limited to, establishment and modification of	8614
job classification plans, competitive testing services, and	8615
periodic audits and reviews of the county's uniform application of	8616
the powers, duties, and functions specified in sections 124.01 to	8617
124.64 and Chapter 325. of the Revised Code with regard to	8618
employees in the service of the county. Nothing in this division	8619
modifies the powers and duties of the state personnel board of	8620
review with respect to employees in the service of the county.	8621
Nothing in this division limits the right of any employee who	8622
possesses the right of appeal to the state personnel board of	8623
review to continue to possess that right of appeal.	8624

(I) The director of administrative services shall establish	8625
the rate and method of compensation for all employees who are paid	8626
directly by warrant of the director of budget and management and	8627
who are serving in positions that the director of administrative	8628
services has determined impracticable to include in the state job	8629
classification plan. This division does not apply to elected	8630
officials, legislative employees, employees of the legislative	8631
service commission, employees who are in the unclassified civil	8632
service and exempt from collective bargaining coverage in the	8633
office of the secretary of state, auditor of state, treasurer of	8634
state, and attorney general, employees of the courts, employees of	8635
the bureau of workers' compensation whose compensation the	8636
administrator of workers' compensation establishes under division	8637
(B) of section 4121.121 of the Revised Code, or employees of an	8638
appointing authority authorized by law to fix the compensation of	8639
those employees.	8640

(J) The director of administrative services shall set the	8641
rate of compensation for all intermittent, seasonal, temporary,	8642
emergency, and casual employees in the service of the state who	8643
are not considered public employees under section 4117.01 of the	8644
Revised Code. Those employees are not entitled to receive employee	8645
benefits. This rate of compensation shall be equitable in terms of	8646
the rate of employees serving in the same or similar	8647
classifications. This division does not apply to elected	8648
officials, legislative employees, employees of the legislative	8649
service commission, employees who are in the unclassified civil	8650
service and exempt from collective bargaining coverage in the	8651
office of the secretary of state, auditor of state, treasurer of	8652
state, and attorney general, employees of the courts, employees of	8653
the bureau of workers' compensation whose compensation the	8654
administrator establishes under division (B) of section 4121.121	8655
of the Revised Code, or employees of an appointing authority	8656
authorized by law to fix the compensation of those employees.	8657

Sec. 124.18. (A) Forty hours shall be the standard work week	8658
for all employees whose salary or wage is paid in whole or in part	8659
by the state or by any state-supported college or university. When	8660
any employee whose salary or wage is paid in whole or in part by	8661
the state or by any state-supported college or university is	8662
required by an authorized administrative authority to be in an	8663
active pay status more than forty hours in any calendar week, the	8664
employee shall be compensated for such time over forty hours,	8665
except as otherwise provided in this section, at one and one-half	8666
times the employee's regular rate of pay. The use of sick leave or	8667
any leave used in lieu of sick leave shall not be considered to be	8668
active pay status for the purposes of earning overtime or	8669
compensatory time by employees whose wages are paid directly by	8670
warrant of the director of budget and management. A flexible-hours	8671
employee is not entitled to compensation for overtime work unless	8672
the employee's authorized administrative authority required the	8673
employee to be in active pay status for more than forty hours in a	8674
calendar week, regardless of the number of hours the employee	8675
works on any day in the same calendar week.	8676

Such compensation for overtime work shall be paid no later	8677
than at the conclusion of the next succeeding pay period.	8678

If the employee elects to take compensatory time off in lieu	8679
of overtime pay for any overtime worked, such compensatory time	8680
shall be granted by the employee's administrative superior, on a	8681
time and one-half basis, at a time mutually convenient to the	8682
employee and the administrative superior. Compensatory time is not	8683
available for use until it appears on the employee's earning	8684
statement and the compensation described in the earning statement	8685
is available to the employee.	8686

An employee may accrue compensatory time to a maximum of two	8687
hundred forty hours, except that public safety employees and other	8688
employees who meet the criteria established in the "Federal Fair	8689
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	8690
as amended, may accrue a maximum of four hundred eighty hours of	8691
compensatory time. An employee shall be paid at the employee's	8692
regular rate of pay for any hours of compensatory time accrued in	8693
excess of these maximum amounts if the employee has not used the	8694
compensatory time within three hundred sixty-five days after it is	8695
granted, if the employee transfers to another agency of the state,	8696
or if a change in the employee's status exempts the employee from	8697
the payment of overtime compensation. Upon the termination of	8698
employment, any employee with accrued but unused compensatory time	8699
shall be paid for that time at a rate that is the greater of the	8700
employee's final regular rate of pay or the employee's average	8701
regular rate of pay during the employee's last three years of	8702
employment with the state.	8703

No overtime, as described in this section, can be paid unless	8704
it has been authorized by the authorized administrative authority.	8705
Employees may be exempted from the payment of compensation as	8706
required by this section only under the criteria for exemption	8707
from the payment of overtime compensation established in the	8708
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	8709
U.S.C.A. 207, 213, as amended. With the approval of the director	8710
of administrative services, the appointing authority may establish	8711
a policy to grant compensatory time or to pay compensation to	8712
~~state~~ employees in the service of the state who are exempt from	8713
overtime compensation. With the approval of the board of county	8714
commissioners, a county human services department may establish a	8715
policy to grant compensatory time or to pay compensation to	8716
employees of the department who are exempt from overtime	8717
compensation.	8718

(B)(1) An employee, whose salary or wage is paid in whole or	8719
in part by the state, shall be paid for the holidays declared in	8720
section 124.19 of the Revised Code and shall not be required to	8721
work on those holidays, unless, in the opinion of the employee's	8722
responsible administrative authority, failure to work on those	8723
holidays would impair the public service.	8724

(2) An employee paid directly by warrant of the director of	8725
budget and management who is scheduled to work on the first day of	8726
January, the commemoration of memorial day, the fourth day of	8727
July, the fourth Thursday in November, or the twenty-fifth day of	8728
December and who does not report to work the day before, the day	8729
of, or the day after the holiday due to an illness of the employee	8730
or of a member of the employee's immediate family shall not	8731
receive holiday pay as provided by this division, unless the	8732
employee can provide documentation of extenuating circumstances	8733
that prohibited the employee from so reporting to work. If the	8734
employee works a shift between the employee's scheduled shift and	8735
the holiday, the employee shall be paid for the holiday.	8736

(3) An employee also shall not be paid for a holiday unless	8737
the employee was in active pay status on the scheduled work day	8738
immediately preceding the holiday, except that an employee need	8739
not be in active pay status on that work day in order to be paid	8740
for the holiday if the employee is participating in a mandatory or	8741
voluntary cost savings day under section 124.392 of the Revised	8742
Code.	8743

(4) If any of the holidays declared in section 124.19 of the	8744
Revised Code falls on Saturday, the Friday immediately preceding	8745
shall be observed as the holiday. If any of the holidays declared	8746
in section 124.19 of the Revised Code falls on Sunday, the Monday	8747
immediately succeeding shall be observed as the holiday. Employees	8748
whose work schedules are based on the requirements of a	8749
seven-days-a-week work operation shall observe holidays on the	8750
actual days specified in section 124.19 of the Revised Code.	8751

(5) If an employee's work schedule is other than Monday	8752
through Friday, the employee shall be entitled to eight hours of	8753
holiday pay for holidays observed on the employee's day off	8754
regardless of the day of the week on which they are observed.	8755

(6) A full-time permanent employee is entitled to a minimum	8756
of eight hours of pay for each holiday regardless of the	8757
employee's work shift and work schedule. A flexible-hours	8758
employee, who is normally scheduled to work in excess of eight	8759
hours on a day on which a holiday falls, either shall be required	8760
to work an alternate schedule for that week or shall receive	8761
additional holiday pay for the hours the employee is normally	8762
scheduled to work. Such an alternate schedule may require a	8763
flexible-hours employee to work five shifts consisting of eight	8764
hours each during the week including the holiday, and, in that	8765
case, the employee shall receive eight hours of holiday pay for	8766
the day the holiday is observed.	8767

(7) Except as provided under section 124.392 of the Revised	8768
Code, part-time permanent employees shall receive four hours of	8769
holiday pay regardless of the employee's work shift and work	8770
schedule.	8771

(8) When an employee who is eligible for overtime pay under	8772
this section is required by the employee's responsible	8773
administrative authority to work on the day observed as a holiday,	8774
the employee shall be entitled to pay for such time worked at one	8775
and one-half times the employee's regular rate of pay in addition	8776
to the employee's regular pay, or to be granted compensatory time	8777
off at time and one-half thereafter, at the employee's option.	8778
Payment at such rate shall be excluded in the calculation of hours	8779
in active pay status.	8780

(C) Each appointing authority may designate the number of	8781
employees in an agency who are flexible-hours employees. The	8782
appointing authority may establish for each flexible-hours	8783
employee a specified minimum number of hours to be worked each day	8784
that is consistent with the "Federal Fair Labor Standards Act of	8785
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	8786

(D) This section shall be uniformly administered for	8787
employees as defined in section 124.01 of the Revised Code and by	8788
the personnel departments of state-supported colleges and	8789
universities for employees of state-supported colleges and	8790
universities. If employees are not paid directly by warrant of the	8791
director of budget and management, the political subdivision shall	8792
determine whether the use of sick leave shall be considered to be	8793
active pay status for purposes of those employees earning overtime	8794
or compensatory time.	8795

(E) Policies relating to the payment of overtime pay or the	8796
granting of compensatory time off shall be adopted by the chief	8797
administrative officer of the house of representatives for	8798
employees of the house of representatives, by the clerk of the	8799
senate for employees of the senate, and by the director of the	8800
legislative service commission for all other legislative	8801
employees.	8802

(F) As used in this section, "regular rate of pay" means the	8803
base rate of pay an employee receives plus any pay supplements	8804
received pursuant to section 124.181 of the Revised Code.	8805

Sec. 124.30. (A) Classified positions in the civil service	8806
may be filled without competition as follows:	8807

(1) Whenever there are urgent reasons for filling a vacancy	8808
in any position in the classified civil service and the director	8809
of administrative services is unable to certify to the appointing	8810
authority, upon its request, a list of persons eligible for	8811
appointment to the position after a competitive examination, the	8812
appointing authority may fill the position by noncompetitive	8813
examination.	8814

A temporary appointment may be made without regard to the	8815
rules of sections 124.01 to 124.64 of the Revised Code. Except as	8816
otherwise provided in this division, the temporary appointment may	8817
not continue longer than one hundred twenty days, and in no case	8818
shall successive temporary appointments be made. A temporary	8819
appointment longer than one hundred twenty days may be made if	8820
necessary by reason of sickness, disability, or other approved	8821
leave of absence of regular officers or employees, in which case	8822
it may continue during the period of sickness, disability, or	8823
other approved leave of absence, subject to the rules of the	8824
director.	8825

(2) In case of a vacancy in a position in the classified	8826
civil service where peculiar and exceptional qualifications of a	8827
scientific, managerial, professional, or educational character are	8828
required, and upon satisfactory evidence that for specified	8829
reasons competition in this special case is impracticable and that	8830
the position can best be filled by a selection of some designated	8831
person of high and recognized attainments in those qualities, the	8832
director may suspend the provisions of sections 124.01 to 124.64	8833
of the Revised Code that require competition in this special case,	8834
but no suspension shall be general in its application. All such	8835
cases of suspension shall be reported in the annual report of the	8836
director with the reasons for each suspension. The director shall	8837
suspend the provisions when ~~the~~either of the following applies:	8838

(a) The director of job and family services provides the	8839
certification under section 5101.051 of the Revised Code that a	8840
position with the department of job and family services can best	8841
be filled if the provisions are suspended;	8842

(b) The medicaid director provides the certification under	8843
section 5160.051 of the Revised Code that a position with the	8844
department of medicaid can best be filled if the provisions are	8845
suspended.	8846

(3) The acceptance or refusal by an eligible person of a	8847
temporary appointment shall not affect the person's standing on	8848
the eligible list for permanent appointment, nor shall the period	8849
of temporary service be counted as a part of the probationary	8850
service in case of subsequent appointment to a permanent position.	8851

(B) Persons who receive temporary or intermittent	8852
appointments are in the unclassified civil service and serve at	8853
the pleasure of their appointing authority.	8854

Sec. 124.341. (A) If an employee in the classified or	8855
unclassified civil service becomes aware in the course of	8856
employment of a violation of state or federal statutes, rules, or	8857
regulations or the misuse of public resources, and the employee's	8858
supervisor or appointing authority has authority to correct the	8859
violation or misuse, the employee may file a written report	8860
identifying the violation or misuse with the supervisor or	8861
appointing authority. In addition to or instead of filing a	8862
written report with the supervisor or appointing authority, the	8863
employee may file a written report with the office of internal	8864
~~auditing~~audit created under section 126.45 of the Revised Code or	8865
file a complaint with the auditor of state's fraud-reporting	8866
system under section 117.103 of the Revised Code.	8867

If the employee reasonably believes that a violation or	8868
misuse of public resources is a criminal offense, the employee, in	8869
addition to or instead of filing a written report or complaint	8870
with the supervisor, appointing authority, the office of internal	8871
~~auditing~~audit, or the auditor of state's fraud-reporting system,	8872
may report it to a prosecuting attorney, director of law, village	8873
solicitor, or similar chief legal officer of a municipal	8874
corporation, to a peace officer, as defined in section 2935.01 of	8875
the Revised Code, or, if the violation or misuse of public	8876
resources is within the jurisdiction of the inspector general, to	8877
the inspector general in accordance with section 121.46 of the	8878
Revised Code. In addition to that report, if the employee	8879
reasonably believes the violation or misuse is also a violation of	8880
Chapter 102., section 2921.42, or section 2921.43 of the Revised	8881
Code, the employee may report it to the appropriate ethics	8882
commission.	8883

(B) Except as otherwise provided in division (C) of this	8884
section, no officer or employee in the classified or unclassified	8885
civil service shall take any disciplinary action against an	8886
employee in the classified or unclassified civil service for	8887
making any report or filing a complaint as authorized by division	8888
(A) of this section, including, without limitation, doing any of	8889
the following:	8890

(1) Removing or suspending the employee from employment;

8891

(2) Withholding from the employee salary increases or	8892
employee benefits to which the employee is otherwise entitled;	8893

(3) Transferring or reassigning the employee;

8894

(4) Denying the employee promotion that otherwise would have	8895
been received;	8896

(5) Reducing the employee in pay or position.

8897

(C) An employee in the classified or unclassified civil	8898
service shall make a reasonable effort to determine the accuracy	8899
of any information reported under division (A) of this section.	8900
The employee is subject to disciplinary action, including	8901
suspension or removal, as determined by the employee's appointing	8902
authority, for purposely, knowingly, or recklessly reporting false	8903
information under division (A) of this section.	8904

(D) If an appointing authority takes any disciplinary or	8905
retaliatory action against a classified or unclassified employee	8906
as a result of the employee's having filed a report or complaint	8907
under division (A) of this section, the employee's sole and	8908
exclusive remedy, notwithstanding any other provision of law, is	8909
to file an appeal with the state personnel board of review within	8910
thirty days after receiving actual notice of the appointing	8911
authority's action. If the employee files such an appeal, the	8912
board shall immediately notify the employee's appointing authority	8913
and shall hear the appeal. The board may affirm or disaffirm the	8914
action of the appointing authority or may issue any other order as	8915
is appropriate. The order of the board is appealable in accordance	8916
with Chapter 119. of the Revised Code.	8917

(E) As used in this section:

8918

(1) "Purposely," "knowingly," and "recklessly" have the same	8919
meanings as in section 2901.22 of the Revised Code.	8920

(2) "Appropriate ethics commission" has the same meaning as	8921
in section 102.01 of the Revised Code.	8922

(3) "Inspector general" means the inspector general appointed	8923
under section 121.48 of the Revised Code.	8924

Sec. 124.381. (A)(1)(a) An employee in the service of the	8925
state may be eligible to receive salary continuation not to exceed	8926
four hundred eighty hours at the employee's total rate of pay for	8927
absence as a result of injury incurred during the performance of,	8928
or arising out of, state employment. When an eligible employee's	8929
absence as a result of such an injury extends beyond four hundred	8930
eighty hours, the employee immediately becomes subject to sections	8931
124.382 and 124.385 of the Revised Code regarding sick leave and	8932
disability leave benefits.	8933

An employee is ineligible to receive salary continuation	8934
until the date of implementation is established in the rules	8935
adopted under division (C)(1) of this section.	8936

(b) Employees of the secretary of state, auditor of state,	8937
treasurer of state, attorney general, supreme court, general	8938
assembly, or legislative service commission are not subject to	8939
division (A)(1)(a) of this section unless the relevant appointing	8940
authority notifies the director of administrative services in	8941
writing of the intent to have all of the appointing authority's	8942
employees participate in salary continuation. The relevant	8943
appointing authority also may discontinue salary continuation for	8944
all of its employees by providing written notice of the	8945
discontinuation to the director.	8946

Participation in salary continuation is subject to rules	8947
adopted under division (C)(1) of this section.	8948

(2) Each employee of the department of rehabilitation and	8949
correction, the department of ~~mental health~~mental health and	8950
addiction services, the department of developmental disabilities,	8951
the department of veterans services, or the Ohio schools for the	8952
deaf and blind, and each employee of the department of youth	8953
services as established in division (A) of section 124.14 of the	8954
Revised Code who sustains a qualifying physical condition	8955
inflicted by a ward of these agencies during the time the employee	8956
is lawfully carrying out the assigned duties of the employee's	8957
position shall be paid occupational injury leave at the employee's	8958
total rate of pay during the period the employee is disabled as a	8959
result of that qualifying physical condition, but in no case to	8960
exceed nine hundred sixty hours, in lieu of workers' compensation.	8961
Pay made according to this division shall not be charged to the	8962
employee's accumulation of sick leave credit. In any case when an	8963
employee's disability as a result of such a qualifying physical	8964
condition extends beyond nine hundred sixty hours, the employee	8965
immediately becomes subject to sections 124.382 and 124.385 of the	8966
Revised Code regarding sick leave and disability leave benefits.	8967

(B) An employee who is receiving salary continuation or	8968
occupational injury leave under division (A)(1) or (2) of this	8969
section is not eligible for other paid leave, including holiday	8970
pay, while receiving benefits under either division. While an	8971
employee is receiving salary continuation or occupational injury	8972
leave under division (A)(1) or (2) of this section, vacation leave	8973
credit ceases to accrue to the employee under section 124.134 of	8974
the Revised Code, but sick leave credit and personal leave credit	8975
continue to accrue to the employee under sections 124.382 and	8976
124.386 of the Revised Code.	8977

(C)(1) The director of administrative services shall adopt	8978
rules for the administration of both the salary continuation	8979
program and the occupational injury leave program. The rules shall	8980
include, but not be limited to, provisions for determining a	8981
disability, for filing a claim for leave under this section, and	8982
for allowing or denying claims for the leave.	8983

(2) The director also may adopt rules for the payment of	8984
health benefits while an employee is on workers' compensation	8985
leave.	8986

(D) An appointing authority may apply to the director of	8987
administrative services to grant salary continuation under	8988
division (A)(1) of this section or occupational injury leave under	8989
division (A)(2) of this section to law enforcement personnel	8990
employed by the agency.	8991

Sec. 124.57. (A) No officer or employee in the classified	8992
service of the state, the several counties, cities, and city	8993
school districts of the state, or the civil service townships of	8994
the state shall directly or indirectly, orally or by letter,	8995
solicit or receive, or be in any manner concerned in soliciting or	8996
receiving, any assessment, subscription, or contribution for any	8997
political party or for any candidate for public office; nor shall	8998
any person solicit directly or indirectly, orally or by letter, or	8999
be in any manner concerned in soliciting, any such assessment,	9000
contribution, or payment from any officer or employee in the	9001
classified service of the state, the several counties, cities, or	9002
city school districts of the state, or the civil service townships	9003
of the state; nor shall any officer or employee in the classified	9004
service of the state, the several counties, cities, and city	9005
school districts of the state, or the civil service townships of	9006
the state be an officer in any political organization or take part	9007
in politics other than to vote as the officer or employee pleases	9008
and to express freely political opinions.	9009

(B)(1) Nothing in division (A) of this section prohibits an	9010
officer or employee described in that division from serving as a	9011
precinct election official under section 3501.22 of the Revised	9012
Code.	9013

(2) Nothing in division (A) of this section prohibits an	9014
employee of ~~the Ohio cooperative~~OSU extension ~~service~~ whose	9015
position is transferred from the unclassified civil service to the	9016
classified civil service and who also holds the office of	9017
president of a city legislative authority from completing the	9018
existing term of office as president.	9019

Sec. 125.05. Except as provided in division (F) of this	9020
section, no state agency shall purchase any supplies or services	9021
except as provided in divisions (A) to (D) of this section.	9022

(A) Subject to division (E) of this section, a state agency	9023
may, without competitive selection, make any purchase of supplies	9024
or services that cost twenty-five thousand dollars or less. The	9025
agency may make the purchase directly or may make the purchase	9026
from or through the department of administrative services,	9027
whichever the agency determines. The agency shall adopt written	9028
procedures consistent with the department's purchasing procedures	9029
and shall use those procedures when making purchases under this	9030
division.	9031

(B) Subject to division (E) of this section and in accordance	9032
with section 125.051 of the Revised Code, a state agency may make	9033
purchases of supplies and services that cost more than twenty-five	9034
thousand dollars but less than fifty thousand dollars if the	9035
purchases are made under the direction of an employee of the	9036
agency who is certified by the department to make purchases and if	9037
the purchases comply with the department's purchasing procedures.	9038
Section 127.16 of the Revised Code does not apply to purchases	9039
made under this division. Until the certification effective date	9040
established by the department in rules adopted under section	9041
125.051 of the Revised Code, state agencies may make purchases of	9042
supplies and services that cost more than twenty-five thousand	9043
dollars but less than fifty thousand dollars in the same manner as	9044
provided in division (A) of this section.	9045

(C) Subject to division (E) of this section, a state agency	9046
wanting to purchase supplies or services that cost more than	9047
twenty-five thousand dollars shall, unless otherwise authorized by	9048
law, make the purchase from or through the department. The	9049
department shall make the purchase by competitive selection. If	9050
the director of administrative services determines that it is not	9051
possible or not advantageous to the state for the department to	9052
make the purchase, the department shall grant the agency a release	9053
and permit under section 125.06 of the Revised Code to make the	9054
purchase. Section 127.16 of the Revised Code does not apply to	9055
purchases the department makes under this section.	9056

(D) An agency that has been granted a release and permit to	9057
make a purchase may make the purchase without competitive	9058
selection if after making the purchase the cumulative purchase	9059
threshold as computed under division (E) of section 127.16 of the	9060
Revised Code would:	9061

(1) Be exceeded and the controlling board approves the	9062
purchase;	9063

(2) Not be exceeded and the department of administrative	9064
services approves the purchase.	9065

(E) Not later than the thirty-first day of January of each	9066
even-numbered year, the directors of administrative services and	9067
budget and management shall review and recommend to the general	9068
assembly, if necessary, adjustments to the amounts specified in	9069
divisions (A) to (C) of this section and division (B) of section	9070
127.16 of the Revised Code.	9071

(F) If ~~the eTech Ohio commission,~~ the department of	9072
education, or the Ohio education computer network determines that	9073
it can purchase software services or supplies for specified school	9074
districts at a price less than the price for which the districts	9075
could purchase the same software services or supplies for	9076
themselves, the ~~commission,~~ department, or network shall certify	9077
that fact to the department of administrative services and, acting	9078
as an agent for the specified school districts, shall make that	9079
purchase without following the provisions in divisions (A) to (D)	9080
of this section.	9081

Sec. 125.21. The director of administrative services shall	9082
process payroll information for the purpose of payment for	9083
personal services of state officials and employees on the basis of	9084
rates of pay determined by pertinent law, the director, or other	9085
competent authority.	9086

Calculation of payrolls may be made after the conclusion of	9087
each pay period based upon the amount of time served as certified	9088
by the appropriate appointing authority. Payment for personal	9089
service rendered by an official or employee during any pay period	9090
shall be made no later than at the conclusion of the official's or	9091
employee's next succeeding pay period.	9092

The director of administrative services shall furnish to the	9093
director of budget and management all necessary data for drawing	9094
state official and employee pay warrants and preparing earning	9095
statements. These data shall include the rate at which paid; the	9096
time for which paid, including overtime and any other adjustments	9097
affecting the official's or employee's gross pay; all taxes	9098
withheld, including, whenever practicable, year-to-date figures on	9099
all taxes withheld; the amount of contribution to the appropriate	9100
retirement system; any voluntary deductions made in accordance	9101
with authorizations filed by the official or employee; and whether	9102
a direct deposit is to be made in accordance with an authorization	9103
filed by the official or employee.	9104

Amounts deducted from the salaries or wages of all officials	9105
and employees shall be transferred to the payroll ~~withholding~~	9106
deduction fund, which is hereby created in the state treasury for	9107
the purpose of consolidating all such deductions made in any	9108
month. Payments from this fund shall be made at intervals for the	9109
intended purpose of the deduction or for refund where it is	9110
determined that deductions were made in error.	9111

Sec. 125.212. The life insurance investment fund is hereby	9112
created in the state treasury. The fund shall consist of amounts	9113
from ~~the payroll withholding fund created by section 125.21 of~~	9114
~~the Revised Code~~state agencies, life insurance premium refunds	9115
received by the state, and other receipts related to the state's	9116
life insurance benefit program. The fund shall be used to pay the	9117
costs of the state's life insurance benefit program. All	9118
investment earnings of the life insurance investment fund shall be	9119
credited to the fund.	9120

Sec. 125.27. (A) There is hereby created in the state	9121
treasury the building improvement fund. The fund shall retain the	9122
interest earned.	9123

(B) The fund shall consist of any payments made by intrastate	9124
transfer voucher from the appropriation item for office building	9125
operating payments.	9126

(C) The fund shall be used for major maintenance or	9127
improvements required in the James A. Rhodes or Frank J. Lausche	9128
state office tower, Toledo government center, Senator Oliver R.	9129
Ocasek government office building, and Vern Riffe center for	9130
government and the arts.	9131

Sec. 125.28. (A)(1) Each state agency that is supported in	9132
whole or in part by nongeneral revenue fund money and that	9133
occupies space in the James A. Rhodes or Frank J. Lausche state	9134
office tower, Toledo government center, Senator Oliver R. Ocasek	9135
government office building, Vern Riffe center for government and	9136
the arts, capitol square, or governor's mansion shall reimburse	9137
the general revenue fund for the cost of occupying the space in	9138
the ratio that the occupied space in each facility attributable to	9139
the nongeneral revenue fund money bears to the total space	9140
occupied by the state agency in the facility.	9141

(2) All agencies that occupy space in the old blind school	9142
or that occupy warehouse space in the general services facility	9143
shall reimburse the department of administrative services for the	9144
cost of occupying the space. The director of administrative	9145
services shall determine the amount of debt service, if any, to be	9146
charged to building tenants and shall collect reimbursements for	9147
it.	9148

(3) Each agency that is supported in whole or in part by	9149
nongeneral revenue fund money and that occupies space in any other	9150
facility or facilities owned and maintained by the department of	9151
administrative services or space in the general services facility	9152
other than warehouse space shall reimburse the department for the	9153
cost of occupying the space, including debt service, if any, in	9154
the ratio that the occupied space in each facility attributable to	9155
the nongeneral revenue fund money bears to the total space	9156
occupied by the state agency in the facility.	9157

(B) The director of administrative services may provide	9158
building maintenance services and ~~skilled trades~~minor	9159
construction project management services to any state agency	9160
~~occupying space in a facility that is not owned by the department~~	9161
~~of administrative services~~ and may collect reimbursements for the	9162
cost of providing those services.	9163

(C) All money collected by the department of administrative	9164
services for operating expenses of facilities owned or maintained	9165
by the department shall be deposited into the state treasury to	9166
the credit of the building management fund, which is hereby	9167
created, or to the credit of the building operation fund, which is	9168
hereby created. All money collected by the department for ~~skilled~~	9169
~~trades~~minor construction project management services shall be	9170
deposited into the state treasury to the credit of the ~~skilled~~	9171
~~trades~~minor construction project management fund, which is hereby	9172
created. All money collected for debt service shall be deposited	9173
into the general revenue fund.	9174

(D) The director of administrative services shall determine	9175
the reimbursable cost of space in state-owned or state-leased	9176
facilities and shall collect reimbursements for that cost.	9177

Sec. 125.602. (A) The department of developmental	9178
disabilities, the department of ~~mental health~~mental health and	9179
addiction services, the department of job and family services, the	9180
rehabilitation services commission, and any other state or	9181
governmental agency or community rehabilitation program	9182
responsible for the provision of rehabilitation and vocational	9183
educational services to persons with work-limiting disabilities	9184
may, through written agreement, cooperate in providing resources	9185
to the department of administrative services for the operation of	9186
the office of procurement from community rehabilitation programs.	9187
These resources may include, but are not limited to, leadership	9188
and assistance in dealing with the societal aspects of meeting the	9189
needs of persons with work-limiting disabilities.	9190

(B) The office and all governmental entities that administer	9191
socioeconomic programs may enter into contractual agreements,	9192
cooperative working relationships, or other arrangements that are	9193
necessary for effective coordination and realization of the	9194
objectives of these entities.	9195

Sec. 125.603. (A) The office of procurement from community	9196
rehabilitation programs shall do the following in addition to	9197
other duties specified in sections 125.60 to 125.6012 of the	9198
Revised Code:	9199

(1) Establish, maintain, and periodically update a	9200
procurement list of approved supplies and services available from	9201
qualified nonprofit agencies;	9202

(2) Monitor the procurement practices of government ordering	9203
offices to ensure compliance with sections 125.60 to 125.6012 of	9204
the Revised Code;	9205

(3) In cooperation with qualified nonprofit agencies,	9206
government ordering offices, the department of developmental	9207
disabilities, the department of ~~mental health~~mental health and	9208
addiction services, the department of job and family services, and	9209
the rehabilitation services commission, develop and recommend to	9210
the director of administrative services rules the director shall	9211
adopt in accordance with Chapter 119. of the Revised Code for the	9212
effective and efficient administration of sections 125.60 to	9213
125.6012 of the Revised Code;	9214

(4) Prepare a report of its activities by the last day of	9215
December of each year. The report shall be posted electronically	9216
on the office's web site.	9217

(B) The office of procurement from community rehabilitation	9218
programs may enter into contractual agreements and establish pilot	9219
programs to further the objectives of sections 125.60 to 125.6012	9220
of the Revised Code.	9221

Sec. 125.832. (A) The department of administrative services	9222
is granted exclusive authority over the acquisition and management	9223
of all motor vehicles used by state agencies. In carrying out this	9224
authority, the department shall do both of the following:	9225

(1) Approve the purchase or lease of each motor vehicle for	9226
use by a state agency. The department shall decide if a motor	9227
vehicle shall be leased or purchased for that use.	9228

Except as otherwise provided in division (A)(1) of this	9229
section, on and after July 1, 2005, each state agency shall	9230
acquire all passenger motor vehicles under the department's master	9231
leasing program. If the department determines that acquisition	9232
under that program is not the most economical method and if the	9233
department and the state agency acquiring the passenger motor	9234
vehicle can provide economic justification for doing so, the	9235
department may approve the purchase, rather than the lease, of a	9236
passenger motor vehicle for the acquiring state agency.	9237

(2) Direct and approve all funds that are expended for the	9238
purchase, lease, repair, maintenance, registration, insuring, and	9239
other costs related to the possession and operation of motor	9240
vehicles for the use of state agencies.	9241

(B) The director of administrative services shall establish	9242
and operate a fleet management program. The director shall operate	9243
the program for purposes including, but not limited to,	9244
cost-effective acquisition, maintenance, management, analysis, and	9245
disposal of all motor vehicles owned or leased by the state. All	9246
state agencies shall comply with statewide fleet management	9247
policies and procedures established by the director for the	9248
program, including, but not limited to, motor vehicle assignments,	9249
additions of motor vehicles to fleets or motor vehicle	9250
replacements, motor vehicle fueling, and motor vehicle repairs.	9251

(C) The director shall establish and maintain a fleet	9252
reporting system and shall require state agencies to submit to the	9253
department information relative to state motor vehicles, including	9254
motor vehicles described in division (G)(2) of section 125.831 of	9255
the Revised Code, to be used in operating the fleet management	9256
program. State agencies shall provide to the department fleet data	9257
and other information, including, but not limited to, mileage and	9258
costs. The data and other information shall be submitted in	9259
formats and in a manner determined by the department.	9260

(D) All state agency purchases or leases of motor vehicles	9261
are subject to the prior approval of the director under division	9262
(A)(1) of this section.	9263

(E) State agencies that utilize state motor vehicles or pay	9264
mileage reimbursements to employees shall provide a fleet plan to	9265
the department as directed by the department.	9266

(F)(1) The fleets of state agencies that consist of one	9267
hundred or less vehicles on July 1, 2004, shall be managed by the	9268
department's fleet management program on a time schedule	9269
determined by the department, unless the state agency has received	9270
delegated authority as described in division (G) of this section.	9271

(2) The fleets of state agencies that consist of greater than	9272
one hundred motor vehicles, but less than five hundred motor	9273
vehicles, on July 1, 2005, also shall be managed by the	9274
department's fleet management program on a time schedule	9275
determined by the department, unless the state agency has received	9276
delegated authority as described in division (G) of this section.	9277

(G)(1) The department may delegate any or all of its duties	9278
regarding fleet management to a state agency, if the state agency	9279
demonstrates to the satisfaction of the department both of the	9280
following:	9281

(a) Capabilities to institute and manage a fleet management	9282
program, including, but not limited to, the presence of a	9283
certified fleet manager;	9284

(b) Fleet management performance, as demonstrated by fleet	9285
data and other information submitted pursuant to annual reporting	9286
requirements and any other criteria the department considers	9287
necessary in evaluating the performance.	9288

(2) The department may determine that a state agency is not	9289
in compliance with this section and direct that the agency's fleet	9290
management duties be transferred to the department.	9291

(H) The proceeds derived from the disposition of any motor	9292
vehicles under this section shall be paid to whichever of the	9293
following applies:	9294

(1) The fund that originally provided moneys for the purchase	9295
or lease of the motor vehicles;	9296

(2) If the motor vehicles were originally purchased with	9297
moneys derived from the general revenue fund, the proceeds shall	9298
be deposited, in the director's discretion, into the state	9299
treasury to the credit of either the fleet management fund created	9300
by section 125.83 of the Revised Code or the investment recovery	9301
fund created by section 125.14 of the Revised Code.	9302

(I)(1) The department shall create and maintain a certified	9303
fleet manager program.	9304

(2) State agencies that have received delegated authority as	9305
described in division (G) of this section shall have a certified	9306
fleet manager.	9307

(J) The department annually shall prepare and submit a	9308
statewide fleet report to the governor, the speaker of the house	9309
of representatives, and the president of the senate. The report	9310
shall be submitted not later than the thirty-first day of January	9311
following the end of each fiscal year. It may include, but is not	9312
limited to, the numbers and types of motor vehicles, their	9313
mileage, miles per gallon, and cost per mile, mileage	9314
reimbursements, accident and insurance data, and information	9315
regarding compliance by state agencies having delegated authority	9316
under division (G) of this section with applicable fleet	9317
management requirements.	9318

(K) The director shall adopt rules for implementing the fleet	9319
management program that are consistent with recognized best	9320
practices. The program shall be supported by reasonable fee	9321
charges for the services provided. The director shall collect	9322
these fees and deposit them into the state treasury to the credit	9323
for the fleet management fund created by section 125.83 of the	9324
Revised Code. The setting and collection of fees under this	9325
division is not subject to any restriction imposed by law upon the	9326
director's or the department's authority to set or collect fees.	9327

(L) The director also shall adopt rules that prohibit, except	9328
in very limited circumstances, the exclusive assignment of	9329
state-owned, leased, or pooled motor vehicles to state employees	9330
and that prohibit the reimbursement under section 126.31 of the	9331
Revised Code of state employees who use their own motor vehicles	9332
for any mileage they incur above an amount that the department	9333
shall determine annually unless reimbursement for the excess	9334
mileage is approved by the department in accordance with standards	9335
for that approval the director shall establish in those rules.	9336
Beginning on September 26, 2003, no state-owned, leased, or pooled	9337
motor vehicle shall be personally assigned as any form of	9338
compensation or benefit of state employment, and no state-owned,	9339
leased, or pooled motor vehicle shall be assigned to an employee	9340
solely for commuting to and from home and work.	9341

(M) The director shall do both of the following:

9342

(1) Implement to the greatest extent possible the	9343
recommendations from the 2002 report entitled "Administrative	9344
Analysis of the Ohio Fleet Management Program" in connection with	9345
the authority granted to the department by this section;	9346

(2) Attempt to reduce the number of passenger vehicles used	9347
by state agencies during the fiscal years ending on June 30, 2004,	9348
and June 30, 2005.	9349

(N) Each state agency shall reimburse the department for all	9350
costs incurred in the assignment of motor vehicles to the state	9351
agency.	9352

(O) The director shall do all of the following in managing	9353
the fleet management program:	9354

(1) Determine how motor vehicles will be maintained, insured,	9355
operated, financed, and licensed;	9356

(2) Pursuant to the formula in division (O)(3) of this	9357
section, annually establish the minimum number of business miles	9358
per year an employee of a state agency must drive in order to	9359
qualify for approval by the department to receive a motor vehicle	9360
for business use;	9361

(3) Establish the minimum number of business miles per year	9362
at an amount that results when the annual motor vehicle cost is	9363
divided by the amount that is the reimbursement rate per mile	9364
minus the amount that is the sum of the fuel cost, the operating	9365
cost, and the insurance cost. As used in this division:	9366

(a) "Annual motor vehicle cost" means the price of a motor	9367
vehicle divided by the number of years an average motor vehicle is	9368
used.	9369

(b) "Fuel cost" means the average price per gallon of motor	9370
fuel divided by the miles per gallon fuel efficiency of a motor	9371
vehicle.	9372

(c) "Insurance cost" means the cost of insuring a motor	9373
vehicle per year divided by the number of miles an average motor	9374
vehicle is driven per year.	9375

(d) "Operating cost" means the maintenance cost of a motor	9376
vehicle per year divided by the product resulting when the number	9377
of miles an average motor vehicle is driven per year is multiplied	9378
by the number of years an average motor vehicle is used.	9379

(e) "Reimbursement rate per mile" means the reimbursement per	9380
mile rate for travel expenses as provided by rule of the director	9381
of budget and management adopted under division (B) of section	9382
126.31 of the Revised Code.	9383

~~(P)(1) Not later than the fifteenth day of September of each~~	9384
~~year, each state institution of higher education shall report to~~	9385
~~the department on all of the following topics relating to motor~~	9386
~~vehicles that the institution acquires and manages:~~	9387

~~(a) The methods it uses to track the motor vehicles;~~

9388

~~(b) Whether or not it uses a fuel card program to purchase~~	9389
~~fuel for, or to pay for the maintenance of, the motor vehicles;~~	9390

~~(c) Whether or not it makes bulk purchases of fuel for the~~	9391
~~motor vehicles.~~	9392

~~(2) Assuming it does not use the fleet management tracking,~~	9393
~~fuel card program, and bulk fuel purchases tools and services that~~	9394
~~the department provides, the report of a state institution of~~	9395
~~higher education required by division (P)(1) of this section also~~	9396
~~shall include both of the following:~~	9397

~~(a) An analysis of the amount the institution would save, if~~	9398
~~any, if it were to use the fleet management tracking, fuel card~~	9399
~~program, and bulk fuel purchases tools and services that the~~	9400
~~department provides instead of the fleet management system the~~	9401
~~institution regularly uses;~~	9402

~~(b) A rationale for either continuing with the fleet~~	9403
~~management system that the institution regularly uses or changing~~	9404
~~to the use of those tools and services that the department~~	9405
~~provides.~~	9406

~~(3) The department shall certify within ninety days after~~	9407
~~receipt of all reports under division (P)(1) of this section a~~	9408
~~list of those state institutions of higher education that the~~	9409
~~department determines would save amounts if they were to use the~~	9410
~~fleet management tracking, fuel card program, and bulk fuel~~	9411
~~purchases tools and services that the department provides. The~~	9412
~~institutions so certified then shall use those tools and services~~	9413
~~that the department provides until the department next certifies~~	9414
~~institutions under division (P)(3) of this section.~~	9415

Sec. 125.836. (A) As used in this section:

9416

(1) "Biodiesel," "blended biodiesel," and "diesel fuel" have	9417
the same meanings as in section 125.831 of the Revised Code.	9418

(2) ~~"Credit" means a credit generated by the acquisition of~~	9419
~~alternative fueled vehicles in accordance with the "Energy Policy~~	9420
~~Act of 1992," 106 Stat. 2897, 42 U.S.C. 13257.~~	9421

~~(3)~~ "Incremental cost" means the difference in cost between	9422
blended biodiesel and conventional petroleum-based diesel fuel at	9423
the time the blended biodiesel is purchased.	9424

(B) ~~The department of administrative services shall establish~~	9425
~~and administer a credit banking and selling program. The~~	9426
~~department may sell or trade credits in accordance with procedures~~	9427
~~established pursuant to the "Energy Policy Act of 1992," 106 Stat.~~	9428
~~2897, 42 U.S.C. 13258.~~	9429

~~(C)~~ There is hereby created in the state treasury the	9430
"biodiesel revolving fund," to which shall be credited ~~moneys~~	9431
~~received from the sale of credits under this section, any~~ moneys	9432
appropriated to the fund by the general assembly, and any other	9433
moneys obtained or accepted by the ~~department~~development services	9434
agency for crediting to the fund. Moneys credited to the fund	9435
shall be used to pay for the incremental cost of biodiesel for use	9436
in vehicles owned or leased by the state that use diesel fuel. The	9437
director ~~of administrative services, after consultation with the~~	9438
~~director~~ of development,services may direct the director of	9439
budget and management to transfer available moneys in the	9440
biodiesel revolving fund to the alternative fuel transportation	9441
fund created in section 122.075 of the Revised Code to be used by	9442
the ~~department of~~ development services agency for the purposes	9443
specified in that section.	9444

~~(D) The director of administrative services shall adopt rules~~	9445
~~under Chapter 119. of the Revised Code that are necessary for the~~	9446
~~administration of the credit banking and selling program.~~	9447

Sec. 126.07. Except as provided in division (B) of section	9448
126.21 of the Revised Code, no contract, agreement, or obligation	9449
involving the expenditure of money chargeable to an appropriation,	9450
nor any resolution or order for the expenditure of money	9451
chargeable to an appropriation, shall be valid and enforceable	9452
unless the director of budget and management first certifies that	9453
there is a balance in the appropriation not already obligated to	9454
pay existing obligations, in an amount at least equal to the	9455
portion of the contract, agreement, obligation, resolution, or	9456
order to be performed in the current fiscal year. Any written	9457
contract or agreement entered into by the state shall contain a	9458
clause stating that the obligations of the state are subject to	9459
this section.	9460

The chief administrative officer of a state agency is	9461
responsible for the preaudit and approval of expenditures and	9462
other transactions of the agency. In order to initiate the making	9463
of a payment from the state treasury, the person in a state agency	9464
who requests that the payment be made shall first submit to the	9465
chief administrative officer of the agency all invoices, claims,	9466
vouchers, and other documentation related to the payment. The	9467
chief administrative officer shall examine each voucher and all	9468
other documentation required to support the voucher and determine	9469
whether they meet all the requirements established by the director	9470
of budget and management for making the payment. If they do meet	9471
those requirements, the chief administrative officer shall certify	9472
to the director the approval of the chief administrative officer	9473
for payment.	9474

Prior to drawing a warrant or processing an electronic funds	9475
transfer as provided in section 126.35 of the Revised Code, the	9476
director may review and audit the voucher, any documentation	9477
accompanying the voucher, and any other documentation related to	9478
the transaction that the director may require to determine if the	9479
transaction is in accordance with law. The director shall not	9480
approve payment to be made if the director finds that there is not	9481
an unobligated balance in the appropriation for the payment, that	9482
the payment is not for a valid claim against the state that is	9483
legally due, or that insufficient documentation has been	9484
submitted. If the director does not approve payment, the director	9485
shall notify the agency of the reasons the director has not given	9486
approval.	9487

In approving payments to be made under this section, the	9488
director, upon receipt of certification from the director of job	9489
and family services pursuant to section 4141.231 of the Revised	9490
Code, shall withhold from amounts otherwise payable to a person	9491
who is the subject of the director of jobs and family services'	9492
certification, the amount certified to be due and unpaid to the	9493
director of job and family services, and shall approve for payment	9494
to the director of job and family services, the amount withheld.	9495

As used in this section and in section 126.21 of the Revised	9496
Code, "chief administrative officer" means either of the	9497
following:	9498

(A) The director of the agency or, in the case of a state	9499
agency without a director, the equivalent officer of that agency;	9500

(B) The designee of the chief administrative officer for the	9501
purposes of such sections.	9502

Sec. 126.14. The release of any money appropriated for the	9503
purchase of real estate shall be approved by the controlling	9504
board. The release of money appropriated for all other capital	9505
projects is also subject to the approval of the controlling board,	9506
except that the director of budget and management may approve the	9507
release of money appropriated for specific projects in accordance	9508
with the requirements of this section and except that the director	9509
of budget and management may approve the release of unencumbered	9510
capital balances, for a project to repair, remove, or prevent a	9511
public exigency declared to exist by the executive director of	9512
~~administrative services~~the Ohio facilities construction	9513
commission under section 123.10 of the Revised Code~~, or by the~~	9514
~~executive director of the Ohio facilities construction commission~~	9515
~~under section 123.23 of the Revised Code,~~ in the amount designated	9516
in that declaration.	9517

Within sixty days after the effective date of any act	9518
appropriating money for capital projects, the director shall	9519
determine which appropriations are for general projects and which	9520
are for specific projects. Specific projects may include specific	9521
higher education projects that are to be funded from general	9522
purpose appropriations from the higher education improvement fund	9523
or the higher education improvement taxable fund created in	9524
section 154.21 of the Revised Code. Upon determining which	9525
projects are general and which are specific, the director shall	9526
submit to the controlling board a list that includes a brief	9527
description of and the estimated expenditures for each specific	9528
project. The release of money for any specific higher education	9529
projects that are to be funded from general purpose appropriations	9530
from the higher education improvement fund or the higher education	9531
improvement taxable fund but that are not included on the list,	9532
and the release of money for any specific higher education	9533
projects included on the list that will exceed the estimated	9534
expenditures by more than ten per cent, are subject to the	9535
approval of the controlling board.	9536

The director may create new appropriation items and make	9537
transfers of appropriations to them for specific higher education	9538
projects included on the list that are to be funded from general	9539
purpose appropriations for basic renovations that are made from	9540
the higher education improvement fund or the higher education	9541
improvement taxable fund.	9542

Sec. 126.32. (A) Any officer of any state agency may	9543
authorize reimbursement for travel, including the costs of	9544
transportation, for lodging, and for meals to any person who is	9545
interviewing for a position that is classified in pay range 13 or	9546
above in schedule E-1 or schedule E-1 for step seven only, or is	9547
classified in schedule E-2, of section 124.152 of the Revised	9548
Code.	9549

(B) If a person is appointed to a position listed in section	9550
121.03 of the Revised Code, to the position of chairperson of the	9551
industrial commission, adjutant general, chancellor of the Ohio	9552
board of regents, superintendent of public instruction,	9553
chairperson of the public utilities commission of Ohio, or	9554
director of the state lottery commission, to a position holding a	9555
fiduciary relationship to the governor, to a position of an	9556
appointing authority of the department of ~~mental health~~mental	9557
health and addiction services, developmental disabilities, or	9558
rehabilitation and correction, to a position of superintendent in	9559
the department of youth services, or to a position under section	9560
122.05 of the Revised Code, and if that appointment requires a	9561
permanent change of residence, the appropriate state agency may	9562
reimburse the person for the person's actual and necessary	9563
expenses, including the cost of in-transit storage of household	9564
goods and personal effects, of moving the person and members of	9565
the person's immediate family residing in the person's household,	9566
and of moving their household goods and personal effects, to the	9567
person's new location.	9568

Until that person moves the person's permanent residence to	9569
the new location, but not for a period that exceeds thirty	9570
consecutive days, the state agency may reimburse the person for	9571
the person's temporary living expenses at the new location that	9572
the person has incurred on behalf of the person and members of the	9573
person's immediate family residing in the person's household. In	9574
addition, the state agency may reimburse that person for the	9575
person's travel expenses between the new location and the person's	9576
former residence during this period for a maximum number of trips	9577
specified by rule of the director of budget and management, but	9578
the state agency shall not reimburse the person for travel	9579
expenses incurred for those trips by members of the person's	9580
immediate family. With the prior written approval of the director,	9581
the maximum thirty-day period for temporary living expenses may be	9582
extended for a person appointed to a position under section 122.05	9583
of the Revised Code.	9584

The director of development services may reimburse a person	9585
appointed to a position under section 122.05 of the Revised Code	9586
for the person's actual and necessary expenses of moving the	9587
person and members of the person's immediate family residing in	9588
the person's household back to the United States and may reimburse	9589
a person appointed to such a position for the cost of storage of	9590
household goods and personal effects of the person and the	9591
person's immediate family while the person is serving outside the	9592
United States, if the person's office outside the United States is	9593
the person's primary job location.	9594

(C) All reimbursement under division (A) or (B) of this	9595
section shall be made in the manner, and at rates that do not	9596
exceed those, provided by rule of the director of budget and	9597
management in accordance with section 111.15 of the Revised Code.	9598
Reimbursements may be made under division (B) of this section	9599
directly to the persons who incurred the expenses or directly to	9600
the providers of goods or services the persons receive, as	9601
determined by the director of budget and management.	9602

Sec. 126.35. (A) The director of budget and management shall	9603
draw warrants or process electronic funds transfers against the	9604
treasurer of state pursuant to all requests for payment that the	9605
director has approved under section 126.07 of the Revised Code.	9606

(B) Unless a cash assistance payment is to be made by	9607
electronic benefit transfer, payment by the director of budget and	9608
management to a participant in the Ohio works first program	9609
pursuant to Chapter 5107. of the Revised Code, a recipient of	9610
disability financial assistance pursuant to Chapter 5115. of the	9611
Revised Code, or a recipient of cash assistance provided under the	9612
refugee assistance program established under section 5101.49 of	9613
the Revised Code shall be made by direct deposit to the account of	9614
the participant or recipient in the financial institution	9615
designated under section 329.03 of the Revised Code. Payment by	9616
the director of budget and management to a recipient of benefits	9617
distributed through the medium of electronic benefit transfer	9618
pursuant to section 5101.33 of the Revised Code shall be by	9619
electronic benefit transfer. Payment by the director of budget and	9620
management as compensation to an employee of the state who has,	9621
pursuant to section 124.151 of the Revised Code, designated a	9622
financial institution and account for the direct deposit of such	9623
payments shall be made by direct deposit to the account of the	9624
employee. Payment to any other payee who has designated a	9625
financial institution and account for the direct deposit of such	9626
payment may be made by direct deposit to the account of the payee	9627
in the financial institution as provided in section 9.37 of the	9628
Revised Code. Accounts maintained by the director of budget and	9629
management or the director's agent in a financial institution for	9630
the purpose of effectuating payment by direct deposit or	9631
electronic benefit transfer shall be maintained in accordance with	9632
section 135.18 of the Revised Code.	9633

(C) All other payments from the state treasury shall be made	9634
by paper warrants, electronic funds transfers, or by direct	9635
deposit payable to the respective payees. The director of budget	9636
and management may mail the paper warrants to the respective	9637
payees or distribute them through other state agencies, whichever	9638
the director determines to be the better procedure.	9639

~~(D) If the average per transaction cost the director of~~	9640
~~budget and management incurs in making direct deposits for a state~~	9641
~~agency exceeds the average per transaction cost the director~~	9642
~~incurs in drawing paper warrants for all public offices during the~~	9643
~~same period of time, the director may certify the difference in~~	9644
~~cost and the number of direct deposits for the agency to the~~	9645
~~director of administrative services. The director of~~	9646
~~administrative services shall reimburse the director of budget and~~	9647
~~management for such additional costs and add the amount to the~~	9648
~~processing charge assessed upon the state agency.~~	9649

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	9650
Revised Code, "state agency" means the administrative departments	9651
listed in section 121.02 of the Revised Code, the department of	9652
taxation, the bureau of workers' compensation, ~~and~~ the Ohio board	9653
of regents, the rehabilitation services commission, the public	9654
utilities commission of Ohio, the adjutant general, and the state	9655
lottery commission.	9656

(B) The office of internal ~~auditing~~audit is hereby created	9657
in the office of budget and management to ~~conduct~~direct internal	9658
audits of state agencies or divisions of state agencies to improve	9659
their operations in the areas of risk management, internal	9660
controls, and governance. The director of budget and management,	9661
with the approval of the governor, shall appoint for the office of	9662
internal ~~auditing~~audit a chief internal auditor who meets the	9663
qualifications specified in division ~~(C)~~(E) of this section. The	9664
chief internal auditor shall serve at the director's pleasure and	9665
be responsible for the administration of the office of internal	9666
~~auditing~~audit consistent with sections 126.45 to 126.48 of the	9667
Revised Code.	9668

(C) The office of internal ~~auditing~~audit shall conduct	9669
programs for the internal auditing of state agencies. The programs	9670
shall include an annual internal audit plan, reviewed by the state	9671
audit committee, that utilizes risk assessment techniques and	9672
identifies the specific audits to be ~~conducted~~directed during the	9673
year. The programs also shall include periodic audits of each	9674
state agency's major systems and controls, including those systems	9675
and controls pertaining to accounting, administration, and	9676
~~electronic data processing~~information technology. Upon the	9677
request of the office of internal ~~auditing~~audit, each state	9678
agency shall provide office employees access to all records and	9679
documents necessary for the performance of an internal audit.	9680

The director of budget and management shall assess a charge	9681
against each state agency for which the office of internal	9682
~~auditing~~audit conducts internal auditing programs under sections	9683
126.45 to 126.48 of the Revised Code so that the total amount of	9684
these charges is sufficient to cover the costs of the operation of	9685
the office of internal ~~auditing~~audit.	9686

(D) At the request of any other organized body, office, or	9687
agency established by the laws of the state for the exercise of	9688
any function of state government that is not described in division	9689
(A) of this section, the office of internal audit may direct an	9690
internal audit of all or part of that body, office, or agency. The	9691
office of internal audit shall charge an amount sufficient to	9692
cover the costs it incurs in relation to the requested audit.	9693

~~(C)~~(E) The chief internal auditor of the office of internal	9694
~~auditing~~audit shall hold at least a bachelor's degree and be one	9695
of the following:	9696

(1) A certified internal auditor, a certified government	9697
auditing professional, or a certified public accountant, who also	9698
has held a PA registration or a CPA certificate authorized by	9699
Chapter 4701. of the Revised Code for at least four years and has	9700
at least six years of auditing experience;	9701

(2) An auditor who has held a PA registration or a CPA	9702
certificate authorized by Chapter 4701. of the Revised Code for at	9703
least four years and has at least ten years of auditing	9704
experience.	9705

~~(D)~~(F) The chief internal auditor, subject to the direction	9706
and control of the director of budget and management, may appoint	9707
and maintain any staff necessary to carry out the duties assigned	9708
by sections 126.45 to 126.48 of the Revised Code to the office of	9709
internal ~~auditing~~audit or to the chief internal auditor.	9710

Sec. 126.46. (A)(1) There is hereby created the state audit	9711
committee, consisting of the following five members: one public	9712
member appointed by the governor; two public members appointed by	9713
the speaker of the house of representatives, one of which may be a	9714
person who is recommended by the minority leader of the house of	9715
representatives; and two public members appointed by the president	9716
of the senate, one of which may be a person who is recommended by	9717
the minority leader of the senate. Not more than two of the four	9718
members appointed by the speaker of the house of representatives	9719
and the president of the senate shall belong to or be affiliated	9720
with the same political party. The member appointed by the	9721
governor shall have the program and management expertise required	9722
to perform the duties of the committee's chairperson.	9723

Each member of the committee shall be external to the	9724
management structure of state government and shall serve a	9725
three-year term. Each term shall commence on the first day of July	9726
and end on the thirtieth day of June. Any member may continue in	9727
office subsequent to the expiration date of the member's term	9728
until the member's successor takes office or until a period of	9729
ninety days has elapsed, whichever occurs first. Members may be	9730
reappointed to serve one additional term.	9731

On ~~the effective date of the amendment of this section by~~	9732
~~H.B. 153 of the 129th general assembly~~September 29, 2011, the	9733
terms of the members shall be altered as follows:	9734

(a) The terms of the members appointed by the president shall	9735
expire on June 30, 2012.	9736

(b) The term of the member appointed by the speaker scheduled	9737
to expire on November 17, 2012, shall expire on June 30, 2013.	9738

(c) The term of the other member appointed by the speaker	9739
shall expire on June 30, 2014.	9740

(d) The term of the member appointed by the governor shall	9741
expire on June 30, 2014.	9742

The committee shall include at least one member who is a	9743
financial expert; at least one member who is an active, inactive,	9744
or retired certified public accountant; at least one member who is	9745
familiar with governmental financial accounting; at least one	9746
member who is familiar with information technology systems and	9747
services; and at least one member who is a representative of the	9748
public.	9749

Any vacancy on the committee shall be filled in the same	9750
manner as provided in this division, and, when applicable, the	9751
person appointed to fill a vacancy shall serve the remainder of	9752
the predecessor's term.	9753

(2) Members of the committee shall receive reimbursement for	9754
actual and necessary expenses incurred in the discharge of their	9755
duties.	9756

(3) The member of the committee appointed by the governor	9757
shall serve as the committee's chairperson.	9758

(4) Members of the committee shall be subject to the	9759
disclosure statement requirements of section 102.02 of the Revised	9760
Code.	9761

(B) The state audit committee shall do all of the following:

9762

(1) ~~Ensure that~~Evaluate whether the internal audits	9763
~~conducted~~directed by the office of internal ~~auditing~~audit in the	9764
office of budget and management conform to the institute of	9765
internal auditors' international ~~standards for the~~ professional	9766
~~practice of~~practices framework for internal auditing and to the	9767
institute of internal auditors' code of ethics;	9768

(2) Review and comment on the process used by the office of	9769
budget and management to prepare ~~its annual budgetary financial~~	9770
~~report and~~ the state's comprehensive annual financial report	9771
required under division (A)(9) of section 126.21 of the Revised	9772
Code;	9773

(3) Review and comment on unaudited financial statements	9774
submitted to the auditor of state and communicate with external	9775
auditors as required by government auditing standards;	9776

(4) Perform the additional functions imposed upon it by	9777
section 126.47 of the Revised Code.	9778

(C) As used in this section, "financial expert" means a	9779
person who has all of the following:	9780

(1) An understanding of generally accepted accounting	9781
principles and financial statements;	9782

(2) The ability to assess the general application of those	9783
principles in connection with accounting for estimates, accruals,	9784
and reserves;	9785

(3) Experience preparing, auditing, analyzing, or evaluating	9786
financial statements presenting accounting issues that generally	9787
are of comparable breadth and level of complexity to those likely	9788
to be presented by a state agency's financial statements, or	9789
experience actively supervising one or more persons engaged in	9790
those activities;	9791

(4) An understanding of internal controls and procedures for	9792
financial reporting; and	9793

(5) An understanding of audit committee functions.

9794

Sec. 126.47. (A) The state audit committee created by	9795
section 126.46 of the Revised Code shall ensure that the office of	9796
internal ~~auditing~~audit in the office of budget and management has	9797
an annual internal audit plan that identifies the internal audits	9798
of state agencies or divisions of state agencies scheduled for the	9799
next fiscal year. The chief internal auditor of the office of	9800
internal ~~auditing~~audit shall submit the plan to the state audit	9801
committee for review and comment before the beginning of each	9802
fiscal year. The chief internal auditor may submit a revised	9803
internal audit plan for review and comment at any time the	9804
director of budget and management believes there is reason to	9805
modify the previously submitted plan for a fiscal year.	9806

(B) To determine the state agencies or divisions of state	9807
agencies that are to be internally audited, the office of internal	9808
~~auditing~~audit, in the formulation of an annual or revised	9809
internal audit plan, and the state audit committee, in reviewing a	9810
submitted annual or revised internal audit plan, shall consider	9811
the following factors:	9812

(1) The risk for fraud, waste, or abuse of public money	9813
within an agency or division;	9814

(2) The length of time since an agency or division was last	9815
subject to an internal audit;	9816

(3) The size of an agency or division, and the amount of time	9817
and resources necessary to audit it;	9818

(4) Any other factor the state audit committee determines to	9819
be relevant.	9820

(C) All internal audits shall be ~~conducted only~~directed by	9821
employees of the office of internal ~~auditing~~audit.	9822

(D) After the conclusion of an internal audit, the chief	9823
internal auditor shall submit a preliminary report of the internal	9824
audit's findings and recommendations to the state audit committee	9825
and to the director of the state agency involved. The state agency	9826
or division of the state agency covered by the preliminary report	9827
shall be provided an opportunity to respond within thirty days	9828
after receipt of the preliminary report. The response shall	9829
include a corrective action plan for any recommendations in the	9830
preliminary report that are not disputed by the agency or	9831
division. Any response received by the office of internal ~~auditing~~	9832
audit within that thirty-day period shall be included in the	9833
office's final report of the internal audit's findings and	9834
recommendations. The final report shall be issued by the office of	9835
internal ~~auditing~~audit within thirty days after the termination	9836
of the thirty-day response period. Copies of the final report	9837
shall be submitted to the state audit committee, the governor, and	9838
the director of the state agency involved. The state audit	9839
committee shall determine an appropriate method for making the	9840
preliminary and final reports available for public inspection in a	9841
timely manner.	9842

Any suspected fraud or other illegal activity discovered by	9843
the office of internal ~~auditing~~audit during ~~the conduct of~~ an	9844
internal audit shall be reported immediately to the state audit	9845
committee, the director of the state agency in which the fraud or	9846
illegal activity is suspected to have occurred, and the auditor of	9847
state.	9848

(E) The chief internal auditor shall prepare an annual report	9849
and submit the report to the governor, the president of the	9850
senate, the speaker of the house of representatives, and the	9851
auditor of state. The office of budget and management shall make	9852
the report available to the public by posting it on the office's	9853
web site before the first of ~~July~~August of each year.	9854

Sec. 126.48. ~~Any~~(A) Except as provided in division (B) of	9855
this section, any preliminary or final report of an internal	9856
audit's findings and recommendations which is produced by the	9857
office of internal ~~auditing~~audit in the office of budget and	9858
management and all work papers of the internal audit are	9859
confidential and are not public records under section 149.43 of	9860
the Revised Code until the final report of an internal audit's	9861
findings and recommendations is submitted to the state audit	9862
committee, the governor, and the director of the state agency	9863
involved.	9864

(B) The following are not public records under section 149.43	9865
of the Revised Code:	9866

(1) An internal audit report that meets the definition of a	9867
security record under section 149.433 of the Revised Code;	9868

(2) Any information derived from a state tax return or state	9869
tax return information as permitted to be used by the office of	9870
internal audit under section 5703.21 of the Revised Code.	9871

Sec. 127.14. The controlling board may, at the request of	9872
any state agency or the director of budget and management,	9873
authorize, with respect to the provisions of any appropriation	9874
act:	9875

(A) Transfers of all or part of an appropriation within but	9876
not between state agencies, except such transfers as the director	9877
of budget and management is authorized by law to make, provided	9878
that no transfer shall be made by the director for the purpose of	9879
effecting new or changed levels of program service not authorized	9880
by the general assembly;	9881

(B) Transfers of all or part of an appropriation from one	9882
fiscal year to another;	9883

(C) Transfers of all or part of an appropriation within or	9884
between state agencies made necessary by administrative	9885
reorganization or by the abolition of an agency or part of an	9886
agency;	9887

(D) Transfers of all or part of cash balances in excess of	9888
needs from any fund of the state to the general revenue fund or to	9889
such other fund of the state to which the money would have been	9890
credited in the absence of the fund from which the transfers are	9891
authorized to be made, except that the controlling board may not	9892
authorize such transfers from the accrued leave liability fund,	9893
auto registration distribution fund, local motor vehicle license	9894
tax fund, budget stabilization fund, building improvement fund,	9895
development bond retirement fund, facilities establishment fund,	9896
gasoline excise tax fund, general revenue fund, higher education	9897
improvement fund, highway improvement bond retirement fund,	9898
highway obligations bond retirement fund, highway capital	9899
improvement fund, highway operating fund, horse racing tax fund,	9900
improvements bond retirement fund, public library fund, liquor	9901
control fund, local government fund, local transportation	9902
improvement program fund, mental health facilities improvement	9903
fund, Ohio fairs fund, parks and recreation improvement fund,	9904
public improvements bond retirement fund, school district income	9905
tax fund, state agency facilities improvement fund, state and	9906
local government highway distribution fund, state highway safety	9907
fund, state lottery fund, undivided liquor permit fund, Vietnam	9908
conflict compensation bond retirement fund, volunteer fire	9909
fighters' dependents fund, waterways safety fund, wildlife fund,	9910
workers' compensation fund, or any fund not specified in this	9911
division that the director of budget and management determines to	9912
be a bond fund or bond retirement fund;	9913

(E) Transfers of all or part of those appropriations included	9914
in the emergency purposes account of the controlling board;	9915

(F) Temporary transfers of all or part of an appropriation or	9916
other moneys into and between existing funds, or new funds, as may	9917
be established by law when needed for capital outlays for which	9918
notes or bonds will be issued;	9919

(G) Transfer or release of all or part of an appropriation to	9920
a state agency requiring controlling board approval of such	9921
transfer or release as provided by law;	9922

(H) Temporary transfer of funds included in the emergency	9923
purposes appropriation of the controlling board. Such temporary	9924
transfers may be made subject to conditions specified by the	9925
controlling board at the time temporary transfers are authorized.	9926
No transfers shall be made under this division for the purpose of	9927
effecting new or changed levels of program service not authorized	9928
by the general assembly.	9929

As used in this section, "request" means an application by a	9930
state agency or the director of budget and management seeking some	9931
action by the controlling board.	9932

When authorizing the transfer of all or part of an	9933
appropriation under this section, the controlling board may	9934
authorize the transfer to an existing appropriation item and the	9935
creation of and transfer to a new appropriation item.	9936

Whenever there is a transfer of all or part of funds included	9937
in the emergency purposes appropriation by the controlling board,	9938
pursuant to division (E) of this section, the state agency or the	9939
director of budget and management receiving such transfer shall	9940
keep a detailed record of the use of the transferred funds. At the	9941
earliest scheduled meeting of the controlling board following the	9942
accomplishment of the purposes specified in the request originally	9943
seeking the transfer, or following the total expenditure of the	9944
transferred funds for the specified purposes, the state agency or	9945
the director of budget and management shall submit a report on the	9946
expenditure of such funds to the board. The portion of any	9947
appropriation so transferred which is not required to accomplish	9948
the purposes designated in the original request to the controlling	9949
board shall be returned to the proper appropriation of the	9950
controlling board at this time.	9951

Notwithstanding any provisions of law providing for the	9952
deposit of revenues received by a state agency to the credit of a	9953
particular fund in the state treasury, whenever there is a	9954
temporary transfer of funds included in the emergency purposes	9955
appropriation of the controlling board pursuant to division (H) of	9956
this section, revenues received by any state agency receiving such	9957
a temporary transfer of funds shall, as directed by the	9958
controlling board, be transferred back to the emergency purposes	9959
appropriation.	9960

The board may delegate to the director of budget and	9961
management authority to approve transfers among items of	9962
appropriation under division (A) of this section.	9963

Sec. 127.16. (A) Upon the request of either a state agency	9964
or the director of budget and management and after the controlling	9965
board determines that an emergency or a sufficient economic reason	9966
exists, the controlling board may approve the making of a purchase	9967
without competitive selection as provided in division (B) of this	9968
section.	9969

(B) Except as otherwise provided in this section, no state	9970
agency, using money that has been appropriated to it directly,	9971
shall:	9972

(1) Make any purchase from a particular supplier, that would	9973
amount to fifty thousand dollars or more when combined with both	9974
the amount of all disbursements to the supplier during the fiscal	9975
year for purchases made by the agency and the amount of all	9976
outstanding encumbrances for purchases made by the agency from the	9977
supplier, unless the purchase is made by competitive selection or	9978
with the approval of the controlling board;	9979

(2) Lease real estate from a particular supplier, if the	9980
lease would amount to seventy-five thousand dollars or more when	9981
combined with both the amount of all disbursements to the supplier	9982
during the fiscal year for real estate leases made by the agency	9983
and the amount of all outstanding encumbrances for real estate	9984
leases made by the agency from the supplier, unless the lease is	9985
made by competitive selection or with the approval of the	9986
controlling board.	9987

(C) Any person who authorizes a purchase in violation of	9988
division (B) of this section shall be liable to the state for any	9989
state funds spent on the purchase, and the attorney general shall	9990
collect the amount from the person.	9991

(D) Nothing in division (B) of this section shall be	9992
construed as:	9993

(1) A limitation upon the authority of the director of	9994
transportation as granted in sections 5501.17, 5517.02, and	9995
5525.14 of the Revised Code;	9996

(2) Applying to medicaid provider agreements under ~~Chapter~~	9997
~~5111. of~~ the ~~Revised Code~~medicaid program;	9998

(3) Applying to the purchase of examinations from a sole	9999
supplier by a state licensing board under Title XLVII of the	10000
Revised Code;	10001

(4) Applying to entertainment contracts for the Ohio state	10002
fair entered into by the Ohio expositions commission, provided	10003
that the controlling board has given its approval to the	10004
commission to enter into such contracts and has approved a total	10005
budget amount for such contracts as agreed upon by commission	10006
action, and that the commission causes to be kept itemized records	10007
of the amounts of money spent under each contract and annually	10008
files those records with the clerk of the house of representatives	10009
and the clerk of the senate following the close of the fair;	10010

(5) Limiting the authority of the chief of the division of	10011
mineral resources management to contract for reclamation work with	10012
an operator mining adjacent land as provided in section 1513.27 of	10013
the Revised Code;	10014

(6) Applying to investment transactions and procedures of any	10015
state agency, except that the agency shall file with the board the	10016
name of any person with whom the agency contracts to make, broker,	10017
service, or otherwise manage its investments, as well as the	10018
commission, rate, or schedule of charges of such person with	10019
respect to any investment transactions to be undertaken on behalf	10020
of the agency. The filing shall be in a form and at such times as	10021
the board considers appropriate.	10022

(7) Applying to purchases made with money for the per cent	10023
for arts program established by section 3379.10 of the Revised	10024
Code;	10025

(8) Applying to purchases made by the rehabilitation services	10026
commission of services, or supplies, that are provided to persons	10027
with disabilities, or to purchases made by the commission in	10028
connection with the eligibility determinations it makes for	10029
applicants of programs administered by the social security	10030
administration;	10031

(9) Applying to payments by the department of ~~job and family~~	10032
~~services~~medicaid under section ~~5111.13~~5164.85 of the Revised	10033
Code for group health plan premiums, deductibles, coinsurance, and	10034
other cost-sharing expenses;	10035

(10) Applying to any agency of the legislative branch of the	10036
state government;	10037

(11) Applying to agreements or contracts entered into under	10038
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	10039
Revised Code;	10040

(12) Applying to purchases of services by the adult parole	10041
authority under section 2967.14 of the Revised Code or by the	10042
department of youth services under section 5139.08 of the Revised	10043
Code;	10044

(13) Applying to dues or fees paid for membership in an	10045
organization or association;	10046

(14) Applying to purchases of utility services pursuant to	10047
section 9.30 of the Revised Code;	10048

(15) Applying to purchases made in accordance with rules	10049
adopted by the department of administrative services of motor	10050
vehicle, aviation, or watercraft fuel, or emergency repairs of	10051
such vehicles;	10052

(16) Applying to purchases of tickets for passenger air	10053
transportation;	10054

(17) Applying to purchases necessary to provide public	10055
notifications required by law or to provide notifications of job	10056
openings;	10057

(18) Applying to the judicial branch of state government;

10058

(19) Applying to purchases of liquor for resale by the	10059
division of liquor control;	10060

(20) Applying to purchases of motor courier and freight	10061
services made in accordance with department of administrative	10062
services rules;	10063

(21) Applying to purchases from the United States postal	10064
service and purchases of stamps and postal meter replenishment	10065
from vendors at rates established by the United States postal	10066
service;	10067

(22) Applying to purchases of books, periodicals, pamphlets,	10068
newspapers, maintenance subscriptions, and other published	10069
materials;	10070

(23) Applying to purchases from other state agencies,	10071
including state-assisted institutions of higher education;	10072

(24) Limiting the authority of the director of environmental	10073
protection to enter into contracts under division (D) of section	10074
3745.14 of the Revised Code to conduct compliance reviews, as	10075
defined in division (A) of that section;	10076

(25) Applying to purchases from a qualified nonprofit agency	10077
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	10078
the Revised Code;	10079

(26) Applying to payments by the department of job and family	10080
services to the United States department of health and human	10081
services for printing and mailing notices pertaining to the tax	10082
refund offset program of the internal revenue service of the	10083
United States department of the treasury;	10084

(27) Applying to contracts entered into by the department of	10085
developmental disabilities under section 5123.18 of the Revised	10086
Code;	10087

(28) Applying to payments made by the department of ~~mental~~	10088
~~health~~mental health and addiction services under a physician	10089
recruitment program authorized by section ~~5119.101~~5119.185 of	10090
the Revised Code;	10091

(29) Applying to contracts entered into with persons by the	10092
director of commerce for unclaimed funds collection and remittance	10093
efforts as provided in division (F) of section 169.03 of the	10094
Revised Code. The director shall keep an itemized accounting of	10095
unclaimed funds collected by those persons and amounts paid to	10096
them for their services.	10097

(30) Applying to purchases made by a state institution of	10098
higher education in accordance with the terms of a contract	10099
between the vendor and an inter-university purchasing group	10100
comprised of purchasing officers of state institutions of higher	10101
education;	10102

(31) Applying to the department of ~~job and family services'~~	10103
medicaid's purchases of health assistance services under the	10104
children's health insurance program ~~part I provided for under~~	10105
~~section 5101.50 of the Revised Code, the children's health~~	10106
~~insurance program part II provided for under section 5101.51 of~~	10107
~~the Revised Code, or the children's health insurance program part~~	10108
~~III provided for under section 5101.52 of the Revised Code~~;	10109

(32) Applying to payments by the attorney general from the	10110
reparations fund to hospitals and other emergency medical	10111
facilities for performing medical examinations to collect physical	10112
evidence pursuant to section 2907.28 of the Revised Code;	10113

(33) Applying to contracts with a contracting authority or	10114
administrative receiver under division (B) of section 5126.056 of	10115
the Revised Code;	10116

(34) Applying to purchases of goods and services by the	10117
department of veterans services in accordance with the terms of	10118
contracts entered into by the United States department of veterans	10119
affairs;	10120

(35) Applying to payments by the superintendent of the bureau	10121
of criminal identification and investigation to the federal bureau	10122
of investigation for criminal records checks pursuant to section	10123
109.572 of the Revised Code;	10124

(36) Applying to contracts entered into by the department of	10125
~~job and family services~~medicaid under section ~~5111.054~~5164.47 of	10126
the Revised Code;	10127

(37) Applying to contracts entered into under section 5160.12	10128
of the Revised Code.	10129

(E) When determining whether a state agency has reached the	10130
cumulative purchase thresholds established in divisions (B)(1) and	10131
(2) of this section, all of the following purchases by such agency	10132
shall not be considered:	10133

(1) Purchases made through competitive selection or with	10134
controlling board approval;	10135

(2) Purchases listed in division (D) of this section;

10136

(3) For the purposes of the threshold of division (B)(1) of	10137
this section only, leases of real estate.	10138

(F) As used in this section, "competitive selection,"	10139
"purchase," "supplies," and "services" have the same meanings as	10140
in section 125.01 of the Revised Code.	10141

Sec. 133.01. As used in this chapter, in sections 9.95,	10142
9.96, and 2151.655 of the Revised Code, in other sections of the	10143
Revised Code that make reference to this chapter unless the	10144
context does not permit, and in related proceedings, unless	10145
otherwise expressly provided:	10146

(A) "Acquisition" as applied to real or personal property	10147
includes, among other forms of acquisition, acquisition by	10148
exercise of a purchase option, and acquisition of interests in	10149
property, including, without limitation, easements and	10150
rights-of-way, and leasehold and other lease interests initially	10151
extending or extendable for a period of at least sixty months.	10152

(B) "Anticipatory securities" means securities, including	10153
notes, issued in anticipation of the issuance of other securities.	10154

(C) "Board of elections" means the county board of elections	10155
of the county in which the subdivision is located. If the	10156
subdivision is located in more than one county, "board of	10157
elections" means the county board of elections of the county that	10158
contains the largest portion of the population of the subdivision	10159
or that otherwise has jurisdiction in practice over and	10160
customarily handles election matters relating to the subdivision.	10161

(D) "Bond retirement fund" means the bond retirement fund	10162
provided for in section 5705.09 of the Revised Code, and also	10163
means a sinking fund or any other special fund, regardless of the	10164
name applied to it, established by or pursuant to law or the	10165
proceedings for the payment of debt charges. Provision may be made	10166
in the applicable proceedings for the establishment in a bond	10167
retirement fund of separate accounts relating to debt charges on	10168
particular securities, or on securities payable from the same or	10169
common sources, and for the application of moneys in those	10170
accounts only to specified debt charges on specified securities or	10171
categories of securities. Subject to law and any provisions in the	10172
applicable proceedings, moneys in a bond retirement fund or	10173
separate account in a bond retirement fund may be transferred to	10174
other funds and accounts.	10175

(E) "Capitalized interest" means all or a portion of the	10176
interest payable on securities from their date to a date stated or	10177
provided for in the applicable legislation, which interest is to	10178
be paid from the proceeds of the securities.	10179

(F) "Chapter 133. securities" means securities authorized by	10180
or issued pursuant to or in accordance with this chapter.	10181

(G) "County auditor" means the county auditor of the county	10182
in which the subdivision is located. If the subdivision is located	10183
in more than one county, "county auditor" means the county auditor	10184
of the county that contains the highest amount of the tax	10185
valuation of the subdivision or that otherwise has jurisdiction in	10186
practice over and customarily handles property tax matters	10187
relating to the subdivision. In the case of a county that has	10188
adopted a charter, "county auditor" means the officer who	10189
generally has the duties and functions provided in the Revised	10190
Code for a county auditor.	10191

(H) "Credit enhancement facilities" means letters of credit,	10192
lines of credit, stand-by, contingent, or firm securities purchase	10193
agreements, insurance, or surety arrangements, guarantees, and	10194
other arrangements that provide for direct or contingent payment	10195
of debt charges, for security or additional security in the event	10196
of nonpayment or default in respect of securities, or for making	10197
payment of debt charges to and at the option and on demand of	10198
securities holders or at the option of the issuer or upon certain	10199
conditions occurring under put or similar arrangements, or for	10200
otherwise supporting the credit or liquidity of the securities,	10201
and includes credit, reimbursement, marketing, remarketing,	10202
indexing, carrying, interest rate hedge, and subrogation	10203
agreements, and other agreements and arrangements for payment and	10204
reimbursement of the person providing the credit enhancement	10205
facility and the security for that payment and reimbursement.	10206

(I) "Current operating expenses" or "current expenses" means	10207
the lawful expenditures of a subdivision, except those for	10208
permanent improvements and for payments of debt charges of the	10209
subdivision.	10210

(J) "Debt charges" means the principal, including any	10211
mandatory sinking fund deposits and mandatory redemption payments,	10212
interest, and any redemption premium, payable on securities as	10213
those payments come due and are payable. The use of "debt charges"	10214
for this purpose does not imply that any particular securities	10215
constitute debt within the meaning of the Ohio Constitution or	10216
other laws.	10217

(K) "Financing costs" means all costs and expenses relating	10218
to the authorization, including any required election, issuance,	10219
sale, delivery, authentication, deposit, custody, clearing,	10220
registration, transfer, exchange, fractionalization, replacement,	10221
payment, and servicing of securities, including, without	10222
limitation, costs and expenses for or relating to publication and	10223
printing, postage, delivery, preliminary and final official	10224
statements, offering circulars, and informational statements,	10225
travel and transportation, underwriters, placement agents,	10226
investment bankers, paying agents, registrars, authenticating	10227
agents, remarketing agents, custodians, clearing agencies or	10228
corporations, securities depositories, financial advisory	10229
services, certifications, audits, federal or state regulatory	10230
agencies, accounting and computation services, legal services and	10231
obtaining approving legal opinions and other legal opinions,	10232
credit ratings, redemption premiums, and credit enhancement	10233
facilities. Financing costs may be paid from any moneys available	10234
for the purpose, including, unless otherwise provided in the	10235
proceedings, from the proceeds of the securities to which they	10236
relate and, as to future financing costs, from the same sources	10237
from which debt charges on the securities are paid and as though	10238
debt charges.	10239

(L) "Fiscal officer" means the following, or, in the case of	10240
absence or vacancy in the office, a deputy or assistant authorized	10241
by law or charter to act in the place of the named officer, or if	10242
there is no such authorization then the deputy or assistant	10243
authorized by legislation to act in the place of the named officer	10244
for purposes of this chapter, in the case of the following	10245
subdivisions:	10246

(1) A county, the county auditor;

10247

(2) A municipal corporation, the city auditor or village	10248
clerk or clerk-treasurer, or the officer who, by virtue of a	10249
charter, has the duties and functions provided in the Revised Code	10250
for the city auditor or village clerk or clerk-treasurer;	10251

(3) A school district, the treasurer of the board of	10252
education;	10253

(4) A regional water and sewer district, the secretary of the	10254
board of trustees;	10255

(5) A joint township hospital district, the treasurer of the	10256
district;	10257

(6) A joint ambulance district, the clerk of the board of	10258
trustees;	10259

(7) A joint recreation district, the person designated	10260
pursuant to section 755.15 of the Revised Code;	10261

(8) A detention facility district or a district organized	10262
under section 2151.65 of the Revised Code or a combined district	10263
organized under sections 2152.41 and 2151.65 of the Revised Code,	10264
the county auditor of the county designated by law to act as the	10265
auditor of the district;	10266

(9) A township, a fire district organized under division (C)	10267
of section 505.37 of the Revised Code, or a township police	10268
district, the fiscal officer of the township;	10269

(10) A joint fire district, the clerk of the board of	10270
trustees of that district;	10271

(11) A regional or county library district, the person	10272
responsible for the financial affairs of that district;	10273

(12) A joint solid waste management district, the fiscal	10274
officer appointed by the board of directors of the district under	10275
section 343.01 of the Revised Code;	10276

(13) A joint emergency medical services district, the person	10277
appointed as fiscal officer pursuant to division (D) of section	10278
307.053 of the Revised Code;	10279

(14) A fire and ambulance district, the person appointed as	10280
fiscal officer under division (B) of section 505.375 of the	10281
Revised Code;	10282

(15) A subdivision described in division (MM)~~(18)~~(19) of this	10283
section, the officer who is designated by law as or performs the	10284
functions of its chief fiscal officer;	10285

(16) A joint police district, the treasurer of the district;

10286

(17) A lake facilities authority, the fiscal officer	10287
designated under section 353.02 of the Revised Code.	10288

(M) "Fiscal year" has the same meaning as in section 9.34 of	10289
the Revised Code.	10290

(N) "Fractionalized interests in public obligations" means	10291
participations, certificates of participation, shares, or other	10292
instruments or agreements, separate from the public obligations	10293
themselves, evidencing ownership of interests in public	10294
obligations or of rights to receive payments of, or on account of,	10295
principal or interest or their equivalents payable by or on behalf	10296
of an obligor pursuant to public obligations.	10297

(O) "Fully registered securities" means securities in	10298
certificated or uncertificated form, registered as to both	10299
principal and interest in the name of the owner.	10300

(P) "Fund" means to provide for the payment of debt charges	10301
and expenses related to that payment at or prior to retirement by	10302
purchase, call for redemption, payment at maturity, or otherwise.	10303

(Q) "General obligation" means securities to the payment of	10304
debt charges on which the full faith and credit and the general	10305
property taxing power, including taxes within the tax limitation	10306
if available to the subdivision, of the subdivision are pledged.	10307

(R) "Interest" or "interest equivalent" means those payments	10308
or portions of payments, however denominated, that constitute or	10309
represent consideration for forbearing the collection of money, or	10310
for deferring the receipt of payment of money to a future time.	10311

(S) "Internal Revenue Code" means the "Internal Revenue Code	10312
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	10313
includes any laws of the United States providing for application	10314
of that code.	10315

(T) "Issuer" means any public issuer and any nonprofit	10316
corporation authorized to issue securities for or on behalf of any	10317
public issuer.	10318

(U) "Legislation" means an ordinance or resolution passed by	10319
a majority affirmative vote of the then members of the taxing	10320
authority unless a different vote is required by charter	10321
provisions governing the passage of the particular legislation by	10322
the taxing authority.	10323

(V) "Mandatory sinking fund redemption requirements" means	10324
amounts required by proceedings to be deposited in a bond	10325
retirement fund for the purpose of paying in any year or fiscal	10326
year by mandatory redemption prior to stated maturity the	10327
principal of securities that is due and payable, except for	10328
mandatory prior redemption requirements as provided in those	10329
proceedings, in a subsequent year or fiscal year.	10330

(W) "Mandatory sinking fund requirements" means amounts	10331
required by proceedings to be deposited in a year or fiscal year	10332
in a bond retirement fund for the purpose of paying the principal	10333
of securities that is due and payable in a subsequent year or	10334
fiscal year.	10335

(X) "Net indebtedness" has the same meaning as in division	10336
(A) of section 133.04 of the Revised Code.	10337

(Y) "Obligor," in the case of securities or fractionalized	10338
interests in public obligations issued by another person the debt	10339
charges or their equivalents on which are payable from payments	10340
made by a public issuer, means that public issuer.	10341

(Z) "One purpose" relating to permanent improvements means	10342
any one permanent improvement or group or category of permanent	10343
improvements for the same utility, enterprise, system, or project,	10344
development or redevelopment project, or for or devoted to the	10345
same general purpose, function, or use or for which	10346
self-supporting securities, based on the same or different sources	10347
of revenues, may be issued or for which special assessments may be	10348
levied by a single ordinance or resolution. "One purpose"	10349
includes, but is not limited to, in any case any off-street	10350
parking facilities relating to another permanent improvement, and:	10351

(1) Any number of roads, highways, streets, bridges,	10352
sidewalks, and viaducts;	10353

(2) Any number of off-street parking facilities;

10354

(3) In the case of a county, any number of permanent	10355
improvements for courthouse, jail, county offices, and other	10356
county buildings, and related facilities;	10357

(4) In the case of a school district, any number of	10358
facilities and buildings for school district purposes, and related	10359
facilities.	10360

(AA) "Outstanding," referring to securities, means securities	10361
that have been issued, delivered, and paid for, except any of the	10362
following:	10363

(1) Securities canceled upon surrender, exchange, or	10364
transfer, or upon payment or redemption;	10365

(2) Securities in replacement of which or in exchange for	10366
which other securities have been issued;	10367

(3) Securities for the payment, or redemption or purchase for	10368
cancellation prior to maturity, of which sufficient moneys or	10369
investments, in accordance with the applicable legislation or	10370
other proceedings or any applicable law, by mandatory sinking fund	10371
redemption requirements, mandatory sinking fund requirements, or	10372
otherwise, have been deposited, and credited for the purpose in a	10373
bond retirement fund or with a trustee or paying or escrow agent,	10374
whether at or prior to their maturity or redemption, and, in the	10375
case of securities to be redeemed prior to their stated maturity,	10376
notice of redemption has been given or satisfactory arrangements	10377
have been made for giving notice of that redemption, or waiver of	10378
that notice by or on behalf of the affected security holders has	10379
been filed with the subdivision or its agent for the purpose.	10380

(BB) "Paying agent" means the one or more banks, trust	10381
companies, or other financial institutions or qualified persons,	10382
including an appropriate office or officer of the subdivision,	10383
designated as a paying agent or place of payment of debt charges	10384
on the particular securities.	10385

(CC) "Permanent improvement" or "improvement" means any	10386
property, asset, or improvement certified by the fiscal officer,	10387
which certification is conclusive, as having an estimated life or	10388
period of usefulness of five years or more, and includes, but is	10389
not limited to, real estate, buildings, and personal property and	10390
interests in real estate, buildings, and personal property,	10391
equipment, furnishings, and site improvements, and reconstruction,	10392
rehabilitation, renovation, installation, improvement,	10393
enlargement, and extension of property, assets, or improvements so	10394
certified as having an estimated life or period of usefulness of	10395
five years or more. The acquisition of all the stock ownership of	10396
a corporation is the acquisition of a permanent improvement to the	10397
extent that the value of that stock is represented by permanent	10398
improvements. A permanent improvement for parking, highway, road,	10399
and street purposes includes resurfacing, but does not include	10400
ordinary repair.	10401

(DD) "Person" has the same meaning as in section 1.59 of the	10402
Revised Code and also includes any federal, state, interstate,	10403
regional, or local governmental agency, any subdivision, and any	10404
combination of those persons.	10405

(EE) "Proceedings" means the legislation, certifications,	10406
notices, orders, sale proceedings, trust agreement or indenture,	10407
mortgage, lease, lease-purchase agreement, assignment, credit	10408
enhancement facility agreements, and other agreements,	10409
instruments, and documents, as amended and supplemented, and any	10410
election proceedings, authorizing, or providing for the terms and	10411
conditions applicable to, or providing for the security or sale or	10412
award of, public obligations, and includes the provisions set	10413
forth or incorporated in those public obligations and proceedings.	10414

(FF) "Public issuer" means any of the following that is	10415
authorized by law to issue securities or enter into public	10416
obligations:	10417

(1) The state, including an agency, commission, officer,	10418
institution, board, authority, or other instrumentality of the	10419
state;	10420

(2) A taxing authority, subdivision, district, or other local	10421
public or governmental entity, and any combination or consortium,	10422
or public division, district, commission, authority, department,	10423
board, officer, or institution, thereof;	10424

(3) Any other body corporate and politic, or other public	10425
entity.	10426

(GG) "Public obligations" means both of the following:

10427

(1) Securities;

10428

(2) Obligations of a public issuer to make payments under	10429
installment sale, lease, lease purchase, or similar agreements,	10430
which obligations may bear interest or interest equivalent.	10431

(HH) "Refund" means to fund and retire outstanding	10432
securities, including advance refunding with or without payment or	10433
redemption prior to maturity.	10434

(II) "Register" means the books kept and maintained by the	10435
registrar for registration, exchange, and transfer of registered	10436
securities.	10437

(JJ) "Registrar" means the person responsible for keeping the	10438
register for the particular registered securities, designated by	10439
or pursuant to the proceedings.	10440

(KK) "Securities" means bonds, notes, certificates of	10441
indebtedness, commercial paper, and other instruments in writing,	10442
including, unless the context does not admit, anticipatory	10443
securities, issued by an issuer to evidence its obligation to	10444
repay money borrowed, or to pay interest, by, or to pay at any	10445
future time other money obligations of, the issuer of the	10446
securities, but not including public obligations described in	10447
division (GG)(2) of this section.	10448

(LL) "Self-supporting securities" means securities or	10449
portions of securities issued for the purpose of paying costs of	10450
permanent improvements to the extent that receipts of the	10451
subdivision, other than the proceeds of taxes levied by that	10452
subdivision, derived from or with respect to the improvements or	10453
the operation of the improvements being financed, or the	10454
enterprise, system, project, or category of improvements of which	10455
the improvements being financed are part, are estimated by the	10456
fiscal officer to be sufficient to pay the current expenses of	10457
that operation or of those improvements or enterprise, system,	10458
project, or categories of improvements and the debt charges	10459
payable from those receipts on securities issued for the purpose.	10460
Until such time as the improvements or increases in rates and	10461
charges have been in operation or effect for a period of at least	10462
six months, the receipts therefrom, for purposes of this	10463
definition, shall be those estimated by the fiscal officer, except	10464
that those receipts may include, without limitation, payments made	10465
and to be made to the subdivision under leases or agreements in	10466
effect at the time the estimate is made. In the case of an	10467
operation, improvements, or enterprise, system, project, or	10468
category of improvements without at least a six-month history of	10469
receipts, the estimate of receipts by the fiscal officer, other	10470
than those to be derived under leases and agreements then in	10471
effect, shall be confirmed by the taxing authority.	10472

(MM) "Subdivision" means any of the following:

10473

(1) A county, including a county that has adopted a charter	10474
under Article X, Ohio Constitution;	10475

(2) A municipal corporation, including a municipal	10476
corporation that has adopted a charter under Article XVIII, Ohio	10477
Constitution;	10478

(3) A school district;

10479

(4) A regional water and sewer district organized under	10480
Chapter 6119. of the Revised Code;	10481

(5) A joint township hospital district organized under	10482
section 513.07 of the Revised Code;	10483

(6) A joint ambulance district organized under section 505.71	10484
of the Revised Code;	10485

(7) A joint recreation district organized under division (C)	10486
of section 755.14 of the Revised Code;	10487

(8) A detention facility district organized under section	10488
2152.41, a district organized under section 2151.65, or a combined	10489
district organized under sections 2152.41 and 2151.65 of the	10490
Revised Code;	10491

(9) A township police district organized under section 505.48	10492
of the Revised Code;	10493

(10) A township;

10494

(11) A joint fire district organized under section 505.371 of	10495
the Revised Code;	10496

(12) A county library district created under section 3375.19	10497
or a regional library district created under section 3375.28 of	10498
the Revised Code;	10499

(13) A joint solid waste management district organized under	10500
section 343.01 or 343.012 of the Revised Code;	10501

(14) A joint emergency medical services district organized	10502
under section 307.052 of the Revised Code;	10503

(15) A fire and ambulance district organized under section	10504
505.375 of the Revised Code;	10505

(16) A fire district organized under division (C) of section	10506
505.37 of the Revised Code;	10507

(17) A joint police district organized under section 505.482	10508
of the Revised Code;	10509

(18) A lake facilities authority created under Chapter 353.	10510
of the Revised Code;	10511

(19) Any other political subdivision or taxing district or	10512
other local public body or agency authorized by this chapter or	10513
other laws to issue Chapter 133. securities.	10514

(NN) "Taxing authority" means in the case of the following	10515
subdivisions:	10516

(1) A county, a county library district, or a regional	10517
library district, the board or boards of county commissioners, or	10518
other legislative authority of a county that has adopted a charter	10519
under Article X, Ohio Constitution, but with respect to such a	10520
library district acting solely as agent for the board of trustees	10521
of that district;	10522

(2) A municipal corporation, the legislative authority;

10523

(3) A school district, the board of education;

10524

(4) A regional water and sewer district, a joint ambulance	10525
district, a joint recreation district, a fire and ambulance	10526
district, or a joint fire district, the board of trustees of the	10527
district;	10528

(5) A joint township hospital district, the joint township	10529
hospital board;	10530

(6) A detention facility district or a district organized	10531
under section 2151.65 of the Revised Code, a combined district	10532
organized under sections 2152.41 and 2151.65 of the Revised Code,	10533
or a joint emergency medical services district, the joint board of	10534
county commissioners;	10535

(7) A township, a fire district organized under division (C)	10536
of section 505.37 of the Revised Code, or a township police	10537
district, the board of township trustees;	10538

(8) A joint solid waste management district organized under	10539
section 343.01 or 343.012 of the Revised Code, the board of	10540
directors of the district;	10541

(9) A subdivision described in division (MM)~~(18)~~(19) of this	10542
section, the legislative or governing body or official;	10543

(10) A joint police district, the joint police district	10544
board;	10545

(11) A lake facilities authority, the board of directors.

10546

(OO) "Tax limitation" means the "ten-mill limitation" as	10547
defined in section 5705.02 of the Revised Code without diminution	10548
by reason of section 5705.313 of the Revised Code or otherwise,	10549
or, in the case of a municipal corporation or county with a	10550
different charter limitation on property taxes levied to pay debt	10551
charges on unvoted securities, that charter limitation. Those	10552
limitations shall be respectively referred to as the "ten-mill	10553
limitation" and the "charter tax limitation."	10554

(PP) "Tax valuation" means the aggregate of the valuations of	10555
property subject to ad valorem property taxation by the	10556
subdivision on the real property, personal property, and public	10557
utility property tax lists and duplicates most recently certified	10558
for collection, and shall be calculated without deductions of the	10559
valuations of otherwise taxable property exempt in whole or in	10560
part from taxation by reason of exemptions of certain amounts of	10561
taxable value under division (C) of section 5709.01, tax	10562
reductions under section 323.152 of the Revised Code, or similar	10563
laws now or in the future in effect.	10564

For purposes of section 133.06 of the Revised Code, "tax	10565
valuation" shall not include the valuation of tangible personal	10566
property used in business, telephone or telegraph property,	10567
interexchange telecommunications company property, or personal	10568
property owned or leased by a railroad company and used in	10569
railroad operations listed under or described in section 5711.22,	10570
division (B) or (F) of section 5727.111, or section 5727.12 of the	10571
Revised Code.	10572

(QQ) "Year" means the calendar year.

10573

(RR) "Administrative agent," "agent," "commercial paper,"	10574
"floating rate interest structure," "indexing agent," "interest	10575
rate hedge," "interest rate period," "put arrangement," and	10576
"remarketing agent" have the same meanings as in section 9.98 of	10577
the Revised Code.	10578

(SS) "Sales tax supported" means obligations to the payment	10579
of debt charges on which an additional sales tax or additional	10580
sales taxes have been pledged by the taxing authority of a county	10581
pursuant to section 133.081 of the Revised Code.	10582

Sec. 133.06. (A) A school district shall not incur, without	10583
a vote of the electors, net indebtedness that exceeds an amount	10584
equal to one-tenth of one per cent of its tax valuation, except as	10585
provided in divisions (G) and (H) of this section and in division	10586
(C) of section 3313.372 of the Revised Code, or as prescribed in	10587
section 3318.052 or 3318.44 of the Revised Code, or as provided in	10588
division (J) of this section.	10589

(B) Except as provided in divisions (E), (F), and (I) of this	10590
section, a school district shall not incur net indebtedness that	10591
exceeds an amount equal to nine per cent of its tax valuation.	10592

(C) A school district shall not submit to a vote of the	10593
electors the question of the issuance of securities in an amount	10594
that will make the district's net indebtedness after the issuance	10595
of the securities exceed an amount equal to four per cent of its	10596
tax valuation, unless the superintendent of public instruction,	10597
acting under policies adopted by the state board of education, and	10598
the tax commissioner, acting under written policies of the	10599
commissioner, consent to the submission. A request for the	10600
consents shall be made at least one hundred twenty days prior to	10601
the election at which the question is to be submitted.	10602

The superintendent of public instruction shall certify to the	10603
district the superintendent's and the tax commissioner's decisions	10604
within thirty days after receipt of the request for consents.	10605

If the electors do not approve the issuance of securities at	10606
the election for which the superintendent of public instruction	10607
and tax commissioner consented to the submission of the question,	10608
the school district may submit the same question to the electors	10609
on the date that the next special election may be held under	10610
section 3501.01 of the Revised Code without submitting a new	10611
request for consent. If the school district seeks to submit the	10612
same question at any other subsequent election, the district shall	10613
first submit a new request for consent in accordance with this	10614
division.	10615

(D) In calculating the net indebtedness of a school district,	10616
none of the following shall be considered:	10617

(1) Securities issued to acquire school buses and other	10618
equipment used in transporting pupils or issued pursuant to	10619
division (D) of section 133.10 of the Revised Code;	10620

(2) Securities issued under division (F) of this section,	10621
under section 133.301 of the Revised Code, and, to the extent in	10622
excess of the limitation stated in division (B) of this section,	10623
under division (E) of this section;	10624

(3) Indebtedness resulting from the dissolution of a joint	10625
vocational school district under section 3311.217 of the Revised	10626
Code, evidenced by outstanding securities of that joint vocational	10627
school district;	10628

(4) Loans, evidenced by any securities, received under	10629
sections 3313.483, 3317.0210, and 3317.0211~~, and 3317.64~~ of the	10630
Revised Code;	10631

(5) Debt incurred under section 3313.374 of the Revised Code;

10632

(6) Debt incurred pursuant to division (B)(5) of section	10633
3313.37 of the Revised Code to acquire computers and related	10634
hardware;	10635

(7) Debt incurred under section 3318.042 of the Revised Code.

10636

(E) A school district may become a special needs district as	10637
to certain securities as provided in division (E) of this section.	10638

(1) A board of education, by resolution, may declare its	10639
school district to be a special needs district by determining both	10640
of the following:	10641

(a) The student population is not being adequately serviced	10642
by the existing permanent improvements of the district.	10643

(b) The district cannot obtain sufficient funds by the	10644
issuance of securities within the limitation of division (B) of	10645
this section to provide additional or improved needed permanent	10646
improvements in time to meet the needs.	10647

(2) The board of education shall certify a copy of that	10648
resolution to the superintendent of public instruction with a	10649
statistical report showing all of the following:	10650

(a) The history of and a projection of the growth of the tax	10651
valuation;	10652

(b) The projected needs;

10653

(c) The estimated cost of permanent improvements proposed to	10654
meet such projected needs.	10655

(3) The superintendent of public instruction shall certify	10656
the district as an approved special needs district if the	10657
superintendent finds both of the following:	10658

(a) The district does not have available sufficient	10659
additional funds from state or federal sources to meet the	10660
projected needs.	10661

(b) The projection of the potential average growth of tax	10662
valuation during the next five years, according to the information	10663
certified to the superintendent and any other information the	10664
superintendent obtains, indicates a likelihood of potential	10665
average growth of tax valuation of the district during the next	10666
five years of an average of not less than one and one-half per	10667
cent per year. The findings and certification of the	10668
superintendent shall be conclusive.	10669

(4) An approved special needs district may incur net	10670
indebtedness by the issuance of securities in accordance with the	10671
provisions of this chapter in an amount that does not exceed an	10672
amount equal to the greater of the following:	10673

(a) Twelve per cent of the sum of its tax valuation plus an	10674
amount that is the product of multiplying that tax valuation by	10675
the percentage by which the tax valuation has increased over the	10676
tax valuation on the first day of the sixtieth month preceding the	10677
month in which its board determines to submit to the electors the	10678
question of issuing the proposed securities;	10679

(b) Twelve per cent of the sum of its tax valuation plus an	10680
amount that is the product of multiplying that tax valuation by	10681
the percentage, determined by the superintendent of public	10682
instruction, by which that tax valuation is projected to increase	10683
during the next ten years.	10684

(F) A school district may issue securities for emergency	10685
purposes, in a principal amount that does not exceed an amount	10686
equal to three per cent of its tax valuation, as provided in this	10687
division.	10688

(1) A board of education, by resolution, may declare an	10689
emergency if it determines both of the following:	10690

(a) School buildings or other necessary school facilities in	10691
the district have been wholly or partially destroyed, or condemned	10692
by a constituted public authority, or that such buildings or	10693
facilities are partially constructed, or so constructed or planned	10694
as to require additions and improvements to them before the	10695
buildings or facilities are usable for their intended purpose, or	10696
that corrections to permanent improvements are necessary to remove	10697
or prevent health or safety hazards.	10698

(b) Existing fiscal and net indebtedness limitations make	10699
adequate replacement, additions, or improvements impossible.	10700

(2) Upon the declaration of an emergency, the board of	10701
education may, by resolution, submit to the electors of the	10702
district pursuant to section 133.18 of the Revised Code the	10703
question of issuing securities for the purpose of paying the cost,	10704
in excess of any insurance or condemnation proceeds received by	10705
the district, of permanent improvements to respond to the	10706
emergency need.	10707

(3) The procedures for the election shall be as provided in	10708
section 133.18 of the Revised Code, except that:	10709

(a) The form of the ballot shall describe the emergency	10710
existing, refer to this division as the authority under which the	10711
emergency is declared, and state that the amount of the proposed	10712
securities exceeds the limitations prescribed by division (B) of	10713
this section;	10714

(b) The resolution required by division (B) of section 133.18	10715
of the Revised Code shall be certified to the county auditor and	10716
the board of elections at least one hundred days prior to the	10717
election;	10718

(c) The county auditor shall advise and, not later than	10719
ninety-five days before the election, confirm that advice by	10720
certification to, the board of education of the information	10721
required by division (C) of section 133.18 of the Revised Code;	10722

(d) The board of education shall then certify its resolution	10723
and the information required by division (D) of section 133.18 of	10724
the Revised Code to the board of elections not less than ninety	10725
days prior to the election.	10726

(4) Notwithstanding division (B) of section 133.21 of the	10727
Revised Code, the first principal payment of securities issued	10728
under this division may be set at any date not later than sixty	10729
months after the earliest possible principal payment otherwise	10730
provided for in that division.	10731

(G)(1) The board of education may contract with an architect,	10732
professional engineer, or other person experienced in the design	10733
and implementation of energy conservation measures for an analysis	10734
and recommendations pertaining to installations, modifications of	10735
installations, or remodeling that would significantly reduce	10736
energy consumption in buildings owned by the district. The report	10737
shall include estimates of all costs of such installations,	10738
modifications, or remodeling, including costs of design,	10739
engineering, installation, maintenance, repairs, and debt service,	10740
forgone residual value of materials or equipment replaced by the	10741
energy conservation measure, as defined by the Ohio school	10742
facilities commission, a baseline analysis of actual energy	10743
consumption data for the preceding three years with the utility	10744
baseline based on only the actual energy consumption data for the	10745
preceding twelve months, and estimates of the amounts by which	10746
energy consumption and resultant operational and maintenance	10747
costs, as defined by the commission, would be reduced.	10748

If the board finds after receiving the report that the amount	10749
of money the district would spend on such installations,	10750
modifications, or remodeling is not likely to exceed the amount of	10751
money it would save in energy and resultant operational and	10752
maintenance costs over the ensuing fifteen years, the board may	10753
submit to the commission a copy of its findings and a request for	10754
approval to incur indebtedness to finance the making or	10755
modification of installations or the remodeling of buildings for	10756
the purpose of significantly reducing energy consumption.	10757

~~If the commission determines that the board's findings are~~	10758
~~reasonable, it~~The school facilities commission, in consultation	10759
with the auditor of state, may deny a request under this division	10760
by the board of education any school district is in a state of	10761
fiscal watch pursuant to division (A) of section 3316.03 of the	10762
Revised Code, if it determines that the expenditure of funds is	10763
not in the best interest of the school district.	10764

No district board of education of a school district that is	10765
in a state of fiscal emergency pursuant to division (B) of section	10766
3316.03 of the Revised Code shall submit a request without	10767
submitting evidence that the installations, modifications, or	10768
remodeling have been approved by the district's financial planning	10769
and supervision commission established under section 3316.05 of	10770
the Revised Code.	10771

No board of education of a school district that, for three or	10772
more consecutive years, has been declared to be in a state of	10773
academic emergency under section 3302.03 of the Revised Code, as	10774
that section existed prior to March 22, 2013, and has failed to	10775
meet adequate yearly progress, or has met any condition set forth	10776
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	10777
Code shall submit a request without first receiving approval to	10778
incur indebtedness from the district's academic distress	10779
commission established under that section, for so long as such	10780
commission continues to be required for the district.	10781

(2) The school facilities commission shall approve the	10782
board's request~~. Upon~~provided that the following conditions are	10783
satisfied:	10784

(a) The commission determines that the board's findings are	10785
reasonable.	10786

(b) The request for approval is complete.

10787

(c) The installations, modifications, or remodeling are	10788
consistent with any project to construct or acquire classroom	10789
facilities, or to reconstruct or make additions to existing	10790
classroom facilities under sections 3318.01 to 3318.20 or sections	10791
3318.40 to 3318.45 of the Revised Code.	10792

Upon receipt of the commission's approval, the district may	10793
issue securities without a vote of the electors in a principal	10794
amount not to exceed nine-tenths of one per cent of its tax	10795
valuation for the purpose of making such installations,	10796
modifications, or remodeling, but the total net indebtedness of	10797
the district without a vote of the electors incurred under this	10798
and all other sections of the Revised Code, except section	10799
3318.052 of the Revised Code, shall not exceed one per cent of the	10800
district's tax valuation.	10801

(3) So long as any securities issued under ~~division (G) of~~	10802
this ~~section~~division remain outstanding, the board of education	10803
shall monitor the energy consumption and resultant operational and	10804
maintenance costs of buildings in which installations or	10805
modifications have been made or remodeling has been done pursuant	10806
to ~~division (G) of~~ this ~~section~~division and shall maintain and	10807
annually update a report documenting the reductions in energy	10808
consumption and resultant operational and maintenance cost savings	10809
attributable to such installations, modifications, or remodeling.	10810
The report shall be certified by an architect or engineer	10811
independent of any person that provided goods or services to the	10812
board in connection with the energy conservation measures that are	10813
the subject of the report. The resultant operational and	10814
maintenance cost savings shall be certified by the school district	10815
treasurer. The report shall be submitted annually to the	10816
commission.	10817

(H) With the consent of the superintendent of public	10818
instruction, a school district may incur without a vote of the	10819
electors net indebtedness that exceeds the amounts stated in	10820
divisions (A) and (G) of this section for the purpose of paying	10821
costs of permanent improvements, if and to the extent that both of	10822
the following conditions are satisfied:	10823

(1) The fiscal officer of the school district estimates that	10824
receipts of the school district from payments made under or	10825
pursuant to agreements entered into pursuant to section 725.02,	10826
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	10827
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	10828
Code, or distributions under division (C) of section 5709.43 of	10829
the Revised Code, or any combination thereof, are, after	10830
accounting for any appropriate coverage requirements, sufficient	10831
in time and amount, and are committed by the proceedings, to pay	10832
the debt charges on the securities issued to evidence that	10833
indebtedness and payable from those receipts, and the taxing	10834
authority of the district confirms the fiscal officer's estimate,	10835
which confirmation is approved by the superintendent of public	10836
instruction;	10837

(2) The fiscal officer of the school district certifies, and	10838
the taxing authority of the district confirms, that the district,	10839
at the time of the certification and confirmation, reasonably	10840
expects to have sufficient revenue available for the purpose of	10841
operating such permanent improvements for their intended purpose	10842
upon acquisition or completion thereof, and the superintendent of	10843
public instruction approves the taxing authority's confirmation.	10844

The maximum maturity of securities issued under division (H)	10845
of this section shall be the lesser of twenty years or the maximum	10846
maturity calculated under section 133.20 of the Revised Code.	10847

(I) A school district may incur net indebtedness by the	10848
issuance of securities in accordance with the provisions of this	10849
chapter in excess of the limit specified in division (B) or (C) of	10850
this section when necessary to raise the school district portion	10851
of the basic project cost and any additional funds necessary to	10852
participate in a project under Chapter 3318. of the Revised Code,	10853
including the cost of items designated by the Ohio school	10854
facilities commission as required locally funded initiatives, the	10855
cost of other locally funded initiatives in an amount that does	10856
not exceed fifty per cent of the district's portion of the basic	10857
project cost, and the cost for site acquisition. The school	10858
facilities commission shall notify the superintendent of public	10859
instruction whenever a school district will exceed either limit	10860
pursuant to this division.	10861

(J) A school district whose portion of the basic project cost	10862
of its classroom facilities project under sections 3318.01 to	10863
3318.20 of the Revised Code is greater than or equal to one	10864
hundred million dollars may incur without a vote of the electors	10865
net indebtedness in an amount up to two per cent of its tax	10866
valuation through the issuance of general obligation securities in	10867
order to generate all or part of the amount of its portion of the	10868
basic project cost if the controlling board has approved the	10869
school facilities commission's conditional approval of the project	10870
under section 3318.04 of the Revised Code. The school district	10871
board and the Ohio school facilities commission shall include the	10872
dedication of the proceeds of such securities in the agreement	10873
entered into under section 3318.08 of the Revised Code. No state	10874
moneys shall be released for a project to which this section	10875
applies until the proceeds of any bonds issued under this section	10876
that are dedicated for the payment of the school district portion	10877
of the project are first deposited into the school district's	10878
project construction fund.	10879

Sec. 135.80. (A) The legislative authority of a municipal	10880
corporation, by ordinance; the board of directors of a port	10881
authority or a lake facilities authority, by resolution; or the	10882
board of county commissioners, by resolution, may establish a	10883
linked deposit program authorizing the treasurer or governing	10884
board of the municipal corporation, the board of directors of the	10885
port authority or lake facilities authority, or the investing	10886
authority of the county, as created or designated by the ordinance	10887
or resolution, to place certificates of deposit at up to three per	10888
cent below market rates with an eligible lending institution	10889
applying for interim moneys as provided in section 135.08 of the	10890
Revised Code, selected to invest port authority or lake facilities	10891
authority moneys in linked deposit programs pursuant to section	10892
4582.54 or 353.15 of the Revised Code, or applying for inactive	10893
moneys as provided in section 135.32 of the Revised Code, provided	10894
the institution agrees to lend the value of such deposit to	10895
eligible borrowers at up to three per cent below the present	10896
borrowing rate applicable to each borrower. The ordinance or	10897
resolution shall include requirements and provisions that are	10898
necessary to establish the program, including, but not limited to:	10899

(1) Eligibility requirements for borrowers who may receive	10900
reduced rate loans under the program;	10901

(2) Application procedures for borrowers and institutions	10902
wishing to participate in the program;	10903

(3) Review procedures for applications and criteria for	10904
acceptance or rejection of applications for reduced rate loans;	10905

(4) Necessary agreements between the eligible lending	10906
institution and the treasurer or governing board of the municipal	10907
corporation, the board of directors of the port authority or lake	10908
facilities authority, or the investing authority of the county to	10909
carry out the purposes of the linked deposit program;	10910

(5) Annual reports regarding the operation of the program to	10911
be made by the treasurer or governing board to the legislative	10912
authority, the eligible lending institution to the board of	10913
directors of the port authority or lake facilities authority, or	10914
the investing authority to the board of county commissioners.	10915

(B) The municipal corporation and the treasurer or governing	10916
board, the port authority or lake facilities authority and the	10917
board of directors, and the county and the investing authority or	10918
the board of county commissioners, are not liable to any eligible	10919
lending institution in any manner for the payment of the principal	10920
or interest on any reduced rate loan made under the program, and	10921
any delay in payment or default on the part of any borrower does	10922
not in any manner affect the deposit agreement between the	10923
eligible lending institution and the treasurer or governing board,	10924
the board of directors, or the investing authority or board of	10925
county commissioners.	10926

(C) For purposes of this section~~, both of the following~~	10927
~~apply~~:	10928

(1) "Investing authority" has the same meaning as in section	10929
135.31 of the Revised Code.	10930

(2) "Port authority" means a port authority created in	10931
accordance with section 4582.22 of the Revised Code.	10932

(3) "Lake facilities authority" means a lake facilities	10933
authority created in accordance with section 353.02 of the Revised	10934
Code.	10935

Sec. 140.01. As used in this chapter:

10936

(A) "Hospital agency" means any public hospital agency or any	10937
nonprofit hospital agency.	10938

(B) "Public hospital agency" means any county, board of	10939
county hospital trustees established pursuant to section 339.02 of	10940
the Revised Code, county hospital commission established pursuant	10941
to section 339.14 of the Revised Code, municipal corporation, new	10942
community authority organized under Chapter 349. of the Revised	10943
Code, joint township hospital district, state or municipal	10944
university or college operating or authorized to operate a	10945
hospital facility, or the state.	10946

(C) "Nonprofit hospital agency" means a corporation or	10947
association not for profit, no part of the net earnings of which	10948
inures or may lawfully inure to the benefit of any private	10949
shareholder or individual, that has authority to own or operate a	10950
hospital facility or provides or is to provide services to one or	10951
more other hospital agencies.	10952

(D) "Governing body" means, in the case of a county, the	10953
board of county commissioners or other legislative body; in the	10954
case of a board of county hospital trustees, the board; in the	10955
case of a county hospital commission, the commission; in the case	10956
of a municipal corporation, the council or other legislative	10957
authority; in the case of a new community authority, its board of	10958
trustees; in the case of a joint township hospital district, the	10959
joint township district hospital board; in the case of a state or	10960
municipal university or college, its board of trustees or board of	10961
directors; in the case of a nonprofit hospital agency, the board	10962
of trustees or other body having general management of the agency;	10963
and, in the case of the state, the director of development	10964
services or the Ohio higher educational facility commission.	10965

(E) "Hospital facilities" means buildings, structures and	10966
other improvements, additions thereto and extensions thereof,	10967
furnishings, equipment, and real estate and interests in real	10968
estate, used or to be used for or in connection with one or more	10969
hospitals, emergency, intensive, intermediate, extended,	10970
long-term, or self-care facilities, diagnostic and treatment and	10971
out-patient facilities, facilities related to programs for home	10972
health services, clinics, laboratories, public health centers,	10973
research facilities, and rehabilitation facilities, for or	10974
pertaining to diagnosis, treatment, care, or rehabilitation of	10975
sick, ill, injured, infirm, impaired, disabled, or handicapped	10976
persons, or the prevention, detection, and control of disease, and	10977
also includes education, training, and food service facilities for	10978
health professions personnel, housing facilities for such	10979
personnel and their families, and parking and service facilities	10980
in connection with any of the foregoing; and includes any one,	10981
part of, or any combination of the foregoing; and further includes	10982
site improvements, utilities, machinery, facilities, furnishings,	10983
and any separate or connected buildings, structures, improvements,	10984
sites, utilities, facilities, or equipment to be used in, or in	10985
connection with the operation or maintenance of, or supplementing	10986
or otherwise related to the services or facilities to be provided	10987
by, any one or more of such hospital facilities.	10988

(F) "Costs of hospital facilities" means the costs of	10989
acquiring hospital facilities or interests in hospital facilities,	10990
including membership interests in nonprofit hospital agencies,	10991
costs of constructing hospital facilities, costs of improving one	10992
or more hospital facilities, including reconstructing,	10993
rehabilitating, remodeling, renovating, and enlarging, costs of	10994
equipping and furnishing such facilities, and all financing costs	10995
pertaining thereto, including, without limitation thereto, costs	10996
of engineering, architectural, and other professional services,	10997
designs, plans, specifications and surveys, and estimates of cost,	10998
costs of tests and inspections, the costs of any indemnity or	10999
surety bonds and premiums on insurance, all related direct or	11000
allocable administrative expenses pertaining thereto, fees and	11001
expenses of trustees, depositories, and paying agents for the	11002
obligations, cost of issuance of the obligations and financing	11003
charges and fees and expenses of financial advisors, attorneys,	11004
accountants, consultants and rating services in connection	11005
therewith, capitalized interest on the obligations, amounts	11006
necessary to establish reserves as required by the bond	11007
proceedings, the reimbursement of all moneys advanced or applied	11008
by the hospital agency or others or borrowed from others for the	11009
payment of any item or items of costs of such facilities, and all	11010
other expenses necessary or incident to planning or determining	11011
feasibility or practicability with respect to such facilities, and	11012
such other expenses as may be necessary or incident to the	11013
acquisition, construction, reconstruction, rehabilitation,	11014
remodeling, renovation, enlargement, improvement, equipment, and	11015
furnishing of such facilities, the financing thereof, and the	11016
placing of the same in use and operation, including any one, part	11017
of, or combination of such classes of costs and expenses, and	11018
means the costs of refinancing obligations issued by, or	11019
reimbursement of money advanced by, nonprofit hospital agencies or	11020
others the proceeds of which were used for the payment of costs of	11021
hospital facilities, if the governing body of the public hospital	11022
agency determines that the refinancing or reimbursement advances	11023
the purposes of this chapter, whether or not the refinancing or	11024
reimbursement is in conjunction with the acquisition or	11025
construction of additional hospital facilities.	11026

(G) "Hospital receipts" means all moneys received by or on	11027
behalf of a hospital agency from or in connection with the	11028
ownership, operation, acquisition, construction, improvement,	11029
equipping, or financing of any hospital facilities, including,	11030
without limitation thereto, any rentals and other moneys received	11031
from the lease, sale, or other disposition of hospital facilities,	11032
and any gifts, grants, interest subsidies, or other moneys	11033
received under any federal program for assistance in financing the	11034
costs of hospital facilities, and any other gifts, grants, and	11035
donations, and receipts therefrom, available for financing the	11036
costs of hospital facilities.	11037

(H) "Obligations" means bonds, notes, or other evidences of	11038
indebtedness or obligation, including interest coupons pertaining	11039
thereto, issued or issuable by a public hospital agency to pay	11040
costs of hospital facilities.	11041

(I) "Bond service charges" means principal, interest, and	11042
call premium, if any, required to be paid on obligations.	11043

(J) "Bond proceedings" means one or more ordinances,	11044
resolutions, trust agreements, indentures, and other agreements or	11045
documents, and amendments and supplements to the foregoing, or any	11046
combination thereof, authorizing or providing for the terms,	11047
including any variable interest rates, and conditions applicable	11048
to, or providing for the security of, obligations and the	11049
provisions contained in such obligations.	11050

(K) "Nursing home" has the same meaning as in division (A)(1)	11051
of section 5701.13 of the Revised Code.	11052

(L) "Residential care facility" has the same meaning as in	11053
division (A)(2) of section 5701.13 of the Revised Code.	11054

(M) "Independent living facility" means any self-care	11055
facility or other housing facility designed or used as a residence	11056
for elderly persons. An "independent living facility" does not	11057
include a residential facility, or that part of a residential	11058
facility, that is any of the following:	11059

(1) A hospital required to be certified by section 3727.02 of	11060
the Revised Code;	11061

(2) A nursing home or residential care facility;

11062

(3) A facility operated by a hospice care program licensed	11063
under section 3712.04 of the Revised Code and used for the	11064
program's hospice patients;	11065

(4) A residential facility licensed by the department of	11066
~~mental health~~mental health and addiction services under section	11067
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	11068
supervision, and personal care services for three to sixteen	11069
unrelated adults;	11070

(5) A residential facility licensed by the department of	11071
~~mental health~~mental health and addiction services under section	11072
~~5119.22~~5119.34 of the Revised Code that is not a residential	11073
facility described in division (M)(4) of this section;	11074

(6) A facility licensed to provide methadone treatment under	11075
section ~~3793.11~~5119.39 of the Revised Code;	11076

(7) A facility certified as ~~an alcohol and drug~~a community	11077
addiction ~~program~~services provider under section ~~3793.06~~5119.36	11078
of the Revised Code;	11079

(8) A residential facility licensed under section 5123.19 of	11080
the Revised Code or a facility providing services under a contract	11081
with the department of developmental disabilities under section	11082
5123.18 of the Revised Code;	11083

(9) A residential facility used as part of a hospital to	11084
provide housing for staff of the hospital or students pursuing a	11085
course of study at the hospital.	11086

Sec. 140.03. (A) Two or more hospital agencies may enter	11087
into agreements for the acquisition, construction, reconstruction,	11088
rehabilitation, remodeling, renovating, enlarging, equipping, and	11089
furnishing of hospital facilities, or the management, operation,	11090
occupancy, use, maintenance, and repair of hospital facilities, or	11091
for participation in programs, projects, activities, and services	11092
useful to, connected with, supplementing, or otherwise related to	11093
the services provided by, or the operation of, hospital facilities	11094
operated by one or more participating hospital agencies, including	11095
any combination of such purposes, all in such manner as to promote	11096
the public purpose stated in section 140.02 of the Revised Code. A	11097
city health district; general health district; board of alcohol,	11098
drug addiction, and mental health services; county board of	11099
developmental disabilities; the department of ~~mental health~~mental	11100
health and addiction services; the department of developmental	11101
disabilities; or any public body engaged in the education or	11102
training of health professions personnel may join in any such	11103
agreement for purposes related to its authority under laws	11104
applicable to it, and as such a participant shall be considered a	11105
public hospital agency or hospital agency for the purposes of this	11106
section.	11107

(B) An agreement entered into under authority of this section	11108
shall, where appropriate, provide for:	11109

(1) The manner in which the title to the hospital facilities,	11110
including the sites and interest in real estate pertaining	11111
thereto, is to be held, transferred, or disposed of;	11112

(2) Unless provided for by lease pursuant to section 140.05	11113
of the Revised Code, the method by which such hospital facilities	11114
are to be acquired, constructed, or otherwise improved and by	11115
which they shall be managed, occupied, maintained, and repaired,	11116
including the designation of one of the hospital agencies to have	11117
charge of the details of acquisition, construction, or improvement	11118
pursuant to the contracting procedures prescribed under the law	11119
applicable to one of the participating public hospital agencies;	11120

(3) The management or administration of any such programs,	11121
projects, activities, or services, which may include management or	11122
administration by one of said hospital agencies or a board or	11123
agency thereof;	11124

(4) Annual, or more frequent, reports to the participating	11125
hospital agencies as to the revenues and receipts pertaining to	11126
the subject of the agreement, the expenditures thereof, the status	11127
and application of other funds contributed under such agreement,	11128
and such other matters as may be specified by or pursuant to such	11129
agreement;	11130

(5) The manner of apportionment or sharing of costs of	11131
hospital facilities, any other applicable costs of management,	11132
operation, maintenance, and repair of hospital facilities, and	11133
costs for the programs, projects, activities, and services forming	11134
the subject of the agreement, which apportionment or sharing may	11135
be prescribed in fixed amounts, or determined by ratios, formulas,	11136
or otherwise, and paid as service charges, rentals, or in such	11137
other manner as provided in the agreement, and may include amounts	11138
sufficient to meet the bond service charges and other payments and	11139
deposits required under the bond proceedings for obligations	11140
issued to pay costs of hospital facilities. A hospital agency may	11141
commit itself to make such payments at least for so long as any	11142
such obligations are outstanding. In the apportionment, different	11143
classes of costs or expenses may be apportioned to one or more,	11144
all or less than all, of the participating hospital agencies as	11145
determined under such agreement.	11146

(C) An agreement entered into under authority of this section	11147
may provide for:	11148

(1) An orderly process for making determinations or advising	11149
as to planning, execution, implementation, and operation, which	11150
may include designating one of the hospital agencies, or a board	11151
thereof, for any of such purposes, provisions for a committee,	11152
board, or commission, and for representation thereon, or as may	11153
otherwise be provided;	11154

(2) Securing necessary personnel, including participation of	11155
personnel from the respective hospital agencies;	11156

(3) Standards or conditions for the admission or	11157
participation of patients and physicians;	11158

(4) Conditions for admittance of other hospital agencies to	11159
participation under the agreement;	11160

(5) Fixing or establishing the method of determining charges	11161
to be made for particular services;	11162

(6) The manner of amending, supplementing, terminating, or	11163
withdrawal or removal of any party from, the agreement, and the	11164
term of the agreement, or an indefinite term;	11165

(7) Designation of the applicants for or recipients of any	11166
federal, state, or other aid, assistance, or loans available by	11167
reason of any activities conducted under the agreement;	11168

(8) Designation of one or more of the participating hospital	11169
agencies to maintain, prepare, and submit, on behalf of all	11170
parties to the agreement, any or all records and reports with	11171
regard to the activities conducted under the agreement;	11172

(9) Any incidental use of the hospital facilities, or	11173
services thereof, by participating public hospital agencies for	11174
any of their lawful purposes, which incidental use does not impair	11175
the character of the facilities as hospital facilities for any	11176
purpose of this chapter;	11177

(10) Such other matters as the parties thereto may agree upon	11178
for the purposes of division (A) of this section.	11179

(D) For the purpose of paying or contributing its share under	11180
an agreement made under this section, a public hospital agency	11181
may:	11182

(1) Expend any moneys from its general fund, and from any	11183
other funds not otherwise restricted by law, but including funds	11184
for permanent improvements of hospital facilities of such public	11185
hospital agency where the contribution is to be made toward the	11186
costs of hospital facilities under the agreement, and including	11187
funds derived from levies for, or receipts available for,	11188
operating expenses of hospital facilities or services of such	11189
public hospital agency where the contribution or payment is to be	11190
made toward operating expenses of the hospital facilities or	11191
services under the agreement or for the services provided thereby;	11192

(2) Issue obligations under Chapter 133. or section 140.06,	11193
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	11194
3 of Article XVIII, Ohio Constitution, if applicable to such	11195
public hospital agency, to pay costs of hospital facilities, or	11196
issue obligations under any other provision of law authorizing	11197
such public hospital agency to issue obligations for any costs of	11198
hospital facilities;	11199

(3) Levy taxes under Chapter 5705. or section 513.13 or	11200
3709.29 of the Revised Code, if applicable to such public hospital	11201
agency, provided that the purpose of such levy may include the	11202
provision of funds for either or both permanent improvements and	11203
current expenses if required for the contribution or payment of	11204
such hospital agency under such agreement, and each such public	11205
hospital agency may issue notes in anticipation of any such levy,	11206
pursuant to the procedures provided in section 5705.191 of the	11207
Revised Code if the levy is solely for current expenses, and in	11208
section 5705.193 of the Revised Code if the levy is all or in part	11209
for permanent improvements;	11210

(4) Contribute real and personal property or interest therein	11211
without necessity for competitive bidding or public auction on	11212
disposition of such property.	11213

(E) Any funds provided by public hospital agencies that are	11214
parties to an agreement entered into under this section shall be	11215
transferred to and placed in a separate fund or funds of such	11216
participating public hospital agency as is designated under the	11217
agreement. The funds shall be applied for the purposes provided in	11218
such agreement and are subject to audit. Pursuant to any	11219
determinations to be made under such agreement, the funds shall be	11220
deposited, invested, and disbursed under the provisions of law	11221
applicable to the public hospital agency in whose custody the	11222
funds are held. This division is subject to the provisions of any	11223
applicable bond proceedings under section 133.08, 140.06, 339.15,	11224
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	11225
Constitution. The records and reports of such public hospital	11226
agency under Chapter 117. of the Revised Code and sections 3702.51	11227
to 3702.62 of the Revised Code, with respect to the funds shall be	11228
sufficient without necessity for reports thereon by the other	11229
public hospital agencies participating under such agreement.	11230

(F)(1) Prior to its entry into any such agreement, the public	11231
hospital agency must determine, and set forth in a resolution or	11232
ordinance, that the contribution to be made by it under such	11233
agreement will be fair consideration for value and benefit to be	11234
derived by it under such agreement and that the agreement will	11235
promote the public purpose stated in section 140.02 of the Revised	11236
Code.	11237

(2) If the agreement is with a board of county commissioners,	11238
board of county hospital trustees, or county hospital commission	11239
and is an initial agreement for the acquisition or operation of a	11240
county hospital operated by a board of county hospital trustees	11241
under section 339.06 of the Revised Code, the governing body of	11242
the public hospital agency shall submit the agreement, accompanied	11243
by the resolution or ordinance, to the board of county	11244
commissioners for review pursuant to section 339.091 of the	11245
Revised Code. The agreement may be entered into only if the board	11246
of county commissioners adopts a resolution under that section.	11247
The requirements of division (F)(2) of this section do not apply	11248
to the agreement if one or more hospitals classified as general	11249
hospitals by the director of health under section 3701.07 of the	11250
Revised Code are operating in the same county as the county	11251
hospital.	11252

Sec. 140.05. (A)(1) A public hospital agency may lease any	11253
hospital facility to one or more hospital agencies for use as a	11254
hospital facility, or to one or more city or general health	11255
districts; boards of alcohol, drug addiction, and mental health	11256
services; county boards of developmental disabilities; the	11257
department of ~~mental health~~mental health and addiction services;	11258
or the department of developmental disabilities, for uses which	11259
they are authorized to make thereof under the laws applicable to	11260
them, or any combination of them, and they may lease such	11261
facilities to or from a hospital agency for such uses, upon such	11262
terms and conditions as are agreed upon by the parties. Such lease	11263
may be for a term of fifty years or less and may provide for an	11264
option of the lessee to renew for a term of fifty years or less,	11265
as therein set forth. Prior to entering into such lease, the	11266
governing body of any public hospital agency granting such lease	11267
must determine, and set forth in a resolution or ordinance, that	11268
such lease will promote the public purpose stated in section	11269
140.02 of the Revised Code and that the lessor public hospital	11270
agency will be duly benefited thereby.	11271

(2) If the lease is with a board of county commissioners,	11272
board of county hospital trustees, or county hospital commission	11273
and is an agreement for the initial lease of a county hospital	11274
operated by a board of county hospital trustees under section	11275
339.06 of the Revised Code, the governing body of the public	11276
hospital agency shall submit the agreement, accompanied by the	11277
resolution or ordinance, to the board of county commissioners for	11278
review pursuant to section 339.091 of the Revised Code. The	11279
agreement may be entered into only if the board of county	11280
commissioners adopts a resolution under that section. The	11281
requirements of division (A)(2) of this section do not apply to	11282
the lease if one or more hospitals classified as general hospitals	11283
by the director of health under section 3701.07 of the Revised	11284
Code are operating in the same county as the county hospital.	11285

(B) Any lease entered into pursuant to this section shall	11286
provide that in the event that the lessee fails faithfully and	11287
efficiently to administer, maintain, and operate such leased	11288
facilities as hospital facilities, or fails to provide the	11289
services thereof without regard to race, creed, color, or national	11290
origin, or fails to require that any hospital agency using such	11291
facilities or the services thereof shall not discriminate by	11292
reason of race, creed, color, or national origin, after an	11293
opportunity to be heard upon written charges, said lease may be	11294
terminated at the time, in the manner and with consequences	11295
therein provided. If any such lease does not contain terms to the	11296
effect provided in this division, it shall nevertheless be deemed	11297
to contain such terms which shall be implemented as determined by	11298
the governing body of the lessor.	11299

(C) Such lease may provide for rentals commencing at any time	11300
agreed upon, or advance rental, and continuing for such period	11301
therein provided, notwithstanding and without diminution, rebate,	11302
or setoff by reason of time of availability of the hospital	11303
facility for use, delays in construction, failure of completion,	11304
damage or destruction of the hospital facilities, or for any other	11305
reason.	11306

(D) Such lease may provide for the sale or transfer of title	11307
of the leased facilities pursuant to an option to purchase,	11308
lease-purchase, or installment purchase upon terms therein	11309
provided or to be determined as therein provided, which may	11310
include provision for the continued use thereof as a hospital	11311
facility for some reasonable period, taking into account efficient	11312
useful life and other factors, as is provided therein.	11313

(E) Such lease may be entered as part of or in connection	11314
with an agreement pursuant to section 140.03 of the Revised Code.	11315
Any hospital facilities which are the subject of an agreement	11316
entered into under section 140.03 of the Revised Code may be	11317
leased pursuant to this section.	11318

(F) If land acquired by a public hospital agency for a	11319
hospital facility is adjacent to an existing hospital facility	11320
owned by another hospital agency, the public hospital agency may,	11321
in connection with such acquisition or the leasing of such land	11322
and hospital facilities thereon to one or more hospital agencies,	11323
enter into an agreement with the hospital agency which owns such	11324
adjacent hospital facility for the use of common walls in the	11325
construction, operation, or maintenance of hospital facilities of	11326
the public hospital agency. For the purpose of construction,	11327
operation, or maintenance of hospital facilities, a public	11328
hospital agency may acquire by purchase, gift, lease, lease with	11329
option to purchase, lease-purchase, or installment purchase,	11330
easement deed, or other agreement, real estate and interests in	11331
real estate, including rights to use space over, under or upon	11332
real property owned by others, and support, access, common wall,	11333
and other rights in connection therewith. Any public hospital	11334
agency or other political subdivision or any public agency, board,	11335
commission, institution, body, or instrumentality may grant such	11336
real estate, interests, or rights to any hospital agency upon such	11337
terms as are agreed upon without necessity for competitive bidding	11338
or public auction.	11339

Sec. 145.01. As used in this chapter:

11340

(A) "Public employee" means:

11341

(1) Any person holding an office, not elective, under the	11342
state or any county, township, municipal corporation, park	11343
district, conservancy district, sanitary district, health	11344
district, metropolitan housing authority, state retirement board,	11345
Ohio historical society, public library, county law library, union	11346
cemetery, joint hospital, institutional commissary, state	11347
university, or board, bureau, commission, council, committee,	11348
authority, or administrative body as the same are, or have been,	11349
created by action of the general assembly or by the legislative	11350
authority of any of the units of local government named in	11351
division (A)(1) of this section, or employed and paid in whole or	11352
in part by the state or any of the authorities named in division	11353
(A)(1) of this section in any capacity not covered by section	11354
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	11355

(2) A person who is a member of the public employees	11356
retirement system and who continues to perform the same or similar	11357
duties under the direction of a contractor who has contracted to	11358
take over what before the date of the contract was a publicly	11359
operated function. The governmental unit with which the contract	11360
has been made shall be deemed the employer for the purposes of	11361
administering this chapter.	11362

(3) Any person who is an employee of a public employer,	11363
notwithstanding that the person's compensation for that employment	11364
is derived from funds of a person or entity other than the	11365
employer. Credit for such service shall be included as total	11366
service credit, provided that the employee makes the payments	11367
required by this chapter, and the employer makes the payments	11368
required by sections 145.48 and 145.51 of the Revised Code.	11369

(4) A person who elects in accordance with section 145.015 of	11370
the Revised Code to remain a contributing member of the public	11371
employees retirement system.	11372

(5) A person who is an employee of the legal rights service	11373
on September 30, 2012, and continues to be employed by the	11374
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	11375
153 of the 129th general assembly. The nonprofit entity is the	11376
employer for the purpose of this chapter.	11377

In all cases of doubt, the public employees retirement board	11378
shall determine under section 145.036, 145.037, or 145.038 of the	11379
Revised Code whether any person is a public employee, and its	11380
decision is final.	11381

(B) "Member" means any public employee, other than a public	11382
employee excluded or exempted from membership in the retirement	11383
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	11384
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	11385
retirant who becomes a member under division (C) of section 145.38	11386
of the Revised Code. "Member" also includes a disability benefit	11387
recipient.	11388

(C) "Head of the department" means the elective or appointive	11389
head of the several executive, judicial, and administrative	11390
departments, institutions, boards, and commissions of the state	11391
and local government as the same are created and defined by the	11392
laws of this state or, in case of a charter government, by that	11393
charter.	11394

(D) "Employer" or "public employer" means the state or any	11395
county, township, municipal corporation, park district,	11396
conservancy district, sanitary district, health district,	11397
metropolitan housing authority, state retirement board, Ohio	11398
historical society, public library, county law library, union	11399
cemetery, joint hospital, institutional commissary, state medical	11400
university, state university, or board, bureau, commission,	11401
council, committee, authority, or administrative body as the same	11402
are, or have been, created by action of the general assembly or by	11403
the legislative authority of any of the units of local government	11404
named in this division not covered by section 742.01, 3307.01,	11405
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	11406
means the employer of any public employee.	11407

(E) "Prior military service" also means all service credited	11408
for active duty with the armed forces of the United States as	11409
provided in section 145.30 of the Revised Code.	11410

(F) "Contributor" means any person who has an account in the	11411
employees' savings fund created by section 145.23 of the Revised	11412
Code. When used in the sections listed in division (B) of section	11413
145.82 of the Revised Code, "contributor" includes any person	11414
participating in a PERS defined contribution plan.	11415

(G) "Beneficiary" or "beneficiaries" means the estate or a	11416
person or persons who, as the result of the death of a member,	11417
contributor, or retirant, qualify for or are receiving some right	11418
or benefit under this chapter.	11419

(H)(1) "Total service credit," except as provided in section	11420
145.37 of the Revised Code, means all service credited to a member	11421
of the retirement system since last becoming a member, including	11422
restored service credit as provided by section 145.31 of the	11423
Revised Code; credit purchased under sections 145.293 and 145.299	11424
of the Revised Code; all the member's military service credit	11425
computed as provided in this chapter; all service credit	11426
established pursuant to section 145.297 of the Revised Code; and	11427
any other service credited under this chapter. For the exclusive	11428
purpose of satisfying the service credit requirement and of	11429
determining eligibility for benefits under sections 145.32,	11430
145.33, 145.331, 145.332, 145.35, 145.36, and 145.361 of the	11431
Revised Code, "five or more years of total service credit" means	11432
sixty or more calendar months of contributing service in this	11433
system.	11434

(2) "One and one-half years of contributing service credit,"	11435
as used in division (B) of section 145.45 of the Revised Code,	11436
also means eighteen or more calendar months of employment by a	11437
municipal corporation that formerly operated its own retirement	11438
plan for its employees or a part of its employees, provided that	11439
all employees of that municipal retirement plan who have eighteen	11440
or more months of such employment, upon establishing membership in	11441
the public employees retirement system, shall make a payment of	11442
the contributions they would have paid had they been members of	11443
this system for the eighteen months of employment preceding the	11444
date membership was established. When that payment has been made	11445
by all such employee members, a corresponding payment shall be	11446
paid into the employers' accumulation fund by that municipal	11447
corporation as the employer of the employees.	11448

(3) Where a member also is a member of the state teachers	11449
retirement system or the school employees retirement system, or	11450
both, except in cases of retirement on a combined basis pursuant	11451
to section 145.37 of the Revised Code or as provided in section	11452
145.383 of the Revised Code, service credit for any period shall	11453
be credited on the basis of the ratio that contributions to the	11454
public employees retirement system bear to total contributions in	11455
all state retirement systems.	11456

(4) Not more than one year of credit may be given for any	11457
period of twelve months.	11458

(5) "Ohio service credit" means credit for service that was	11459
rendered to the state or any of its political subdivisions or any	11460
employer.	11461

(I) "Regular interest" means interest at any rates for the	11462
respective funds and accounts as the public employees retirement	11463
board may determine from time to time.	11464

(J) "Accumulated contributions" means the sum of all amounts	11465
credited to a contributor's individual account in the employees'	11466
savings fund together with any interest credited to the	11467
contributor's account under section 145.471 or 145.472 of the	11468
Revised Code.	11469

(K)(1) "Final average salary" means the greater of the	11470
following:	11471

(a) The sum of the member's earnable salaries for the	11472
appropriate number of calendar years of contributing service,	11473
determined under section 145.017 of the Revised Code, in which the	11474
member's earnable salary was highest, divided by the same number	11475
of calendar years or, if the member has fewer than the appropriate	11476
number of calendar years of contributing service, the total of the	11477
member's earnable salary for all years of contributing service	11478
divided by the number of calendar years of the member's	11479
contributing service;	11480

(b) The sum of a member's earnable salaries for the	11481
appropriate number of consecutive months, determined under section	11482
145.017 of the Revised Code, that were the member's last months of	11483
service, up to and including the last month, divided by the	11484
appropriate number of years or, if the time between the first and	11485
final months of service is less than the appropriate number of	11486
consecutive months, the total of the member's earnable salary for	11487
all months of contributing service divided by the number of years	11488
between the first and final months of contributing service,	11489
including any fraction of a year, except that the member's final	11490
average salary shall not exceed the member's highest earnable	11491
salary for any twelve consecutive months.	11492

(2) If contributions were made in only one calendar year,	11493
"final average salary" means the member's total earnable salary.	11494

(L) "Annuity" means payments for life derived from	11495
contributions made by a contributor and paid from the annuity and	11496
pension reserve fund as provided in this chapter. All annuities	11497
shall be paid in twelve equal monthly installments.	11498

(M) "Annuity reserve" means the present value, computed upon	11499
the basis of the mortality and other tables adopted by the board,	11500
of all payments to be made on account of any annuity, or benefit	11501
in lieu of any annuity, granted to a retirant as provided in this	11502
chapter.	11503

(N)(1) "Disability retirement" means retirement as provided	11504
in section 145.36 of the Revised Code.	11505

(2) "Disability allowance" means an allowance paid on account	11506
of disability under section 145.361 of the Revised Code.	11507

(3) "Disability benefit" means a benefit paid as disability	11508
retirement under section 145.36 of the Revised Code, as a	11509
disability allowance under section 145.361 of the Revised Code, or	11510
as a disability benefit under section 145.37 of the Revised Code.	11511

(4) "Disability benefit recipient" means a member who is	11512
receiving a disability benefit.	11513

(O) "Age and service retirement" means retirement as provided	11514
in sections 145.32, 145.33, 145.331, 145.332, 145.37, and 145.46	11515
and former section 145.34 of the Revised Code.	11516

(P) "Pensions" means annual payments for life derived from	11517
contributions made by the employer that at the time of retirement	11518
are credited into the annuity and pension reserve fund from the	11519
employers' accumulation fund and paid from the annuity and pension	11520
reserve fund as provided in this chapter. All pensions shall be	11521
paid in twelve equal monthly installments.	11522

(Q) "Retirement allowance" means the pension plus that	11523
portion of the benefit derived from contributions made by the	11524
member.	11525

(R)(1) Except as otherwise provided in division (R) of this	11526
section, "earnable salary" means all salary, wages, and other	11527
earnings paid to a contributor by reason of employment in a	11528
position covered by the retirement system. The salary, wages, and	11529
other earnings shall be determined prior to determination of the	11530
amount required to be contributed to the employees' savings fund	11531
under section 145.47 of the Revised Code and without regard to	11532
whether any of the salary, wages, or other earnings are treated as	11533
deferred income for federal income tax purposes. "Earnable salary"	11534
includes the following:	11535

(a) Payments made by the employer in lieu of salary, wages,	11536
or other earnings for sick leave, personal leave, or vacation used	11537
by the contributor;	11538

(b) Payments made by the employer for the conversion of sick	11539
leave, personal leave, and vacation leave accrued, but not used if	11540
the payment is made during the year in which the leave is accrued,	11541
except that payments made pursuant to section 124.383 or 124.386	11542
of the Revised Code are not earnable salary;	11543

(c) Allowances paid by the employer for maintenance,	11544
consisting of housing, laundry, and meals, as certified to the	11545
retirement board by the employer or the head of the department	11546
that employs the contributor;	11547

(d) Fees and commissions paid under section 507.09 of the	11548
Revised Code;	11549

(e) Payments that are made under a disability leave program	11550
sponsored by the employer and for which the employer is required	11551
by section 145.296 of the Revised Code to make periodic employer	11552
and employee contributions;	11553

(f) Amounts included pursuant to former division (K)(3) and	11554
former division (Y) of this section and section 145.2916 of the	11555
Revised Code.	11556

(2) "Earnable salary" does not include any of the following:

11557

(a) Fees and commissions, other than those paid under section	11558
507.09 of the Revised Code, paid as sole compensation for personal	11559
services and fees and commissions for special services over and	11560
above services for which the contributor receives a salary;	11561

(b) Amounts paid by the employer to provide life insurance,	11562
sickness, accident, endowment, health, medical, hospital, dental,	11563
or surgical coverage, or other insurance for the contributor or	11564
the contributor's family, or amounts paid by the employer to the	11565
contributor in lieu of providing the insurance;	11566

(c) Incidental benefits, including lodging, food, laundry,	11567
parking, or services furnished by the employer, or use of the	11568
employer's property or equipment, or amounts paid by the employer	11569
to the contributor in lieu of providing the incidental benefits;	11570

(d) Reimbursement for job-related expenses authorized by the	11571
employer, including moving and travel expenses and expenses	11572
related to professional development;	11573

(e) Payments for accrued but unused sick leave, personal	11574
leave, or vacation that are made at any time other than in the	11575
year in which the sick leave, personal leave, or vacation was	11576
accrued;	11577

(f) Payments made to or on behalf of a contributor that are	11578
in excess of the annual compensation that may be taken into	11579
account by the retirement system under division (a)(17) of section	11580
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	11581
U.S.C.A. 401(a)(17), as amended;	11582

(g) Payments made under division (B), (C), or (E) of section	11583
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	11584
No. 3 of the 119th general assembly, Section 3 of Amended	11585
Substitute Senate Bill No. 164 of the 124th general assembly, or	11586
Amended Substitute House Bill No. 405 of the 124th general	11587
assembly;	11588

(h) Anything of value received by the contributor that is	11589
based on or attributable to retirement or an agreement to retire,	11590
except that payments made on or before January 1, 1989, that are	11591
based on or attributable to an agreement to retire shall be	11592
included in earnable salary if both of the following apply:	11593

(i) The payments are made in accordance with contract	11594
provisions that were in effect prior to January 1, 1986;	11595

(ii) The employer pays the retirement system an amount	11596
specified by the retirement board equal to the additional	11597
liability resulting from the payments.	11598

(i) The portion of any amount included in section 145.2916 of	11599
the Revised Code that represents employer contributions.	11600

(3) The retirement board shall determine by rule whether any	11601
compensation not enumerated in division (R) of this section is	11602
earnable salary, and its decision shall be final.	11603

(S) "Pension reserve" means the present value, computed upon	11604
the basis of the mortality and other tables adopted by the board,	11605
of all payments to be made on account of any retirement allowance	11606
or benefit in lieu of any retirement allowance, granted to a	11607
member or beneficiary under this chapter.	11608

(T) "Contributing service" means both of the following:

11609

(1) All service credited to a member of the system since	11610
January 1, 1935, for which contributions are made as required by	11611
sections 145.47, 145.48, and 145.483 of the Revised Code. In any	11612
year subsequent to 1934, credit for any service shall be allowed	11613
in accordance with section 145.016 of the Revised Code.	11614

(2) Service credit received by election of the member under	11615
section 145.814 of the Revised Code.	11616

(U) "State retirement board" means the public employees	11617
retirement board, the school employees retirement board, or the	11618
state teachers retirement board.	11619

(V) "Retirant" means any former member who retires and is	11620
receiving a monthly allowance as provided in sections 145.32,	11621
145.33, 145.331, 145.332, and 145.46 and former section 145.34 of	11622
the Revised Code.	11623

(W) "Employer contribution" means the amount paid by an	11624
employer as determined under section 145.48 of the Revised Code.	11625

(X) "Public service terminates" means the last day for which	11626
a public employee is compensated for services performed for an	11627
employer or the date of the employee's death, whichever occurs	11628
first.	11629

(Y) "Five years of service credit," for the exclusive purpose	11630
of satisfying the service credit requirements and of determining	11631
eligibility under section 145.33 or 145.332 of the Revised Code,	11632
means employment covered under this chapter or under a former	11633
retirement plan operated, recognized, or endorsed by the employer	11634
prior to coverage under this chapter or under a combination of the	11635
coverage.	11636

(Z) "Deputy sheriff" means any person who is commissioned and	11637
employed as a full-time peace officer by the sheriff of any	11638
county, and has been so employed since on or before December 31,	11639
1965; any person who is or has been commissioned and employed as a	11640
peace officer by the sheriff of any county since January 1, 1966,	11641
and who has received a certificate attesting to the person's	11642
satisfactory completion of the peace officer training school as	11643
required by section 109.77 of the Revised Code; or any person	11644
deputized by the sheriff of any county and employed pursuant to	11645
section 2301.12 of the Revised Code as a criminal bailiff or court	11646
constable who has received a certificate attesting to the person's	11647
satisfactory completion of the peace officer training school as	11648
required by section 109.77 of the Revised Code.	11649

(AA) "Township constable or police officer in a township	11650
police department or district" means any person who is	11651
commissioned and employed as a full-time peace officer pursuant to	11652
Chapter 505. or 509. of the Revised Code, who has received a	11653
certificate attesting to the person's satisfactory completion of	11654
the peace officer training school as required by section 109.77 of	11655
the Revised Code.	11656

(BB) "Drug agent" means any person who is either of the	11657
following:	11658

(1) Employed full time as a narcotics agent by a county	11659
narcotics agency created pursuant to section 307.15 of the Revised	11660
Code and has received a certificate attesting to the satisfactory	11661
completion of the peace officer training school as required by	11662
section 109.77 of the Revised Code;	11663

(2) Employed full time as an undercover drug agent as defined	11664
in section 109.79 of the Revised Code and is in compliance with	11665
section 109.77 of the Revised Code.	11666

(CC) "Department of public safety enforcement agent" means a	11667
full-time employee of the department of public safety who is	11668
designated under section 5502.14 of the Revised Code as an	11669
enforcement agent and who is in compliance with section 109.77 of	11670
the Revised Code.	11671

(DD) "Natural resources law enforcement staff officer" means	11672
a full-time employee of the department of natural resources who is	11673
designated a natural resources law enforcement staff officer under	11674
section 1501.013 of the Revised Code and is in compliance with	11675
section 109.77 of the Revised Code.	11676

(EE) "Park officer" means a full-time employee of the	11677
department of natural resources who is designated a park officer	11678
under section 1541.10 of the Revised Code and is in compliance	11679
with section 109.77 of the Revised Code.	11680

(FF) "Forest officer" means a full-time employee of the	11681
department of natural resources who is designated a forest officer	11682
under section 1503.29 of the Revised Code and is in compliance	11683
with section 109.77 of the Revised Code.	11684

(GG) "Preserve officer" means a full-time employee of the	11685
department of natural resources who is designated a preserve	11686
officer under section 1517.10 of the Revised Code and is in	11687
compliance with section 109.77 of the Revised Code.	11688

(HH) "Wildlife officer" means a full-time employee of the	11689
department of natural resources who is designated a wildlife	11690
officer under section 1531.13 of the Revised Code and is in	11691
compliance with section 109.77 of the Revised Code.	11692

(II) "State watercraft officer" means a full-time employee of	11693
the department of natural resources who is designated a state	11694
watercraft officer under section 1547.521 of the Revised Code and	11695
is in compliance with section 109.77 of the Revised Code.	11696

(JJ) "Park district police officer" means a full-time	11697
employee of a park district who is designated pursuant to section	11698
511.232 or 1545.13 of the Revised Code and is in compliance with	11699
section 109.77 of the Revised Code.	11700

(KK) "Conservancy district officer" means a full-time	11701
employee of a conservancy district who is designated pursuant to	11702
section 6101.75 of the Revised Code and is in compliance with	11703
section 109.77 of the Revised Code.	11704

(LL) "Municipal police officer" means a member of the	11705
organized police department of a municipal corporation who is	11706
employed full time, is in compliance with section 109.77 of the	11707
Revised Code, and is not a member of the Ohio police and fire	11708
pension fund.	11709

(MM) "Veterans' home police officer" means any person who is	11710
employed at a veterans' home as a police officer pursuant to	11711
section 5907.02 of the Revised Code and is in compliance with	11712
section 109.77 of the Revised Code.	11713

(NN) "Special police officer for a mental health institution"	11714
means any person who is designated as such pursuant to section	11715
~~5119.14~~5119.08 of the Revised Code and is in compliance with	11716
section 109.77 of the Revised Code.	11717

(OO) "Special police officer for an institution for the	11718
developmentally disabled" means any person who is designated as	11719
such pursuant to section 5123.13 of the Revised Code and is in	11720
compliance with section 109.77 of the Revised Code.	11721

(PP) "State university law enforcement officer" means any	11722
person who is employed full time as a state university law	11723
enforcement officer pursuant to section 3345.04 of the Revised	11724
Code and who is in compliance with section 109.77 of the Revised	11725
Code.	11726

(QQ) "House sergeant at arms" means any person appointed by	11727
the speaker of the house of representatives under division (B)(1)	11728
of section 101.311 of the Revised Code who has arrest authority	11729
under division (E)(1) of that section.	11730

(RR) "Assistant house sergeant at arms" means any person	11731
appointed by the house sergeant at arms under division (C)(1) of	11732
section 101.311 of the Revised Code.	11733

(SS) "Regional transit authority police officer" means a	11734
person who is employed full time as a regional transit authority	11735
police officer under division (Y) of section 306.35 of the Revised	11736
Code and is in compliance with section 109.77 of the Revised Code.	11737

(TT) "State highway patrol police officer" means a special	11738
police officer employed full time and designated by the	11739
superintendent of the state highway patrol pursuant to section	11740
5503.09 of the Revised Code or a person serving full time as a	11741
special police officer pursuant to that section on a permanent	11742
basis on October 21, 1997, who is in compliance with section	11743
109.77 of the Revised Code.	11744

(UU) "Municipal public safety director" means a person who	11745
serves full time as the public safety director of a municipal	11746
corporation with the duty of directing the activities of the	11747
municipal corporation's police department and fire department.	11748

(VV) Notwithstanding section 2901.01 of the Revised Code,	11749
"PERS law enforcement officer" means a sheriff or any of the	11750
following whose primary duties are to preserve the peace, protect	11751
life and property, and enforce the laws of this state: a deputy	11752
sheriff, township constable or police officer in a township police	11753
department or district, drug agent, department of public safety	11754
enforcement agent, natural resources law enforcement staff	11755
officer, park officer, forest officer, preserve officer, wildlife	11756
officer, state watercraft officer, park district police officer,	11757
conservancy district officer, veterans' home police officer,	11758
special police officer for a mental health institution, special	11759
police officer for an institution for the developmentally	11760
disabled, state university law enforcement officer, municipal	11761
police officer, house sergeant at arms, assistant house sergeant	11762
at arms, regional transit authority police officer, or state	11763
highway patrol police officer. "PERS law enforcement officer" also	11764
includes a person serving as a municipal public safety director at	11765
any time during the period from September 29, 2005, to March 24,	11766
2009, if the duties of that service were to preserve the peace,	11767
protect life and property, and enforce the laws of this state.	11768

(WW) "Hamilton county municipal court bailiff" means a person	11769
appointed by the clerk of courts of the Hamilton county municipal	11770
court under division (A)(3) of section 1901.32 of the Revised Code	11771
who is employed full time as a bailiff or deputy bailiff, who has	11772
received a certificate attesting to the person's satisfactory	11773
completion of the peace officer basic training described in	11774
division (D)(1) of section 109.77 of the Revised Code.	11775

(XX) "PERS public safety officer" means a Hamilton county	11776
municipal court bailiff, or any of the following whose primary	11777
duties are other than to preserve the peace, protect life and	11778
property, and enforce the laws of this state: a deputy sheriff,	11779
township constable or police officer in a township police	11780
department or district, drug agent, department of public safety	11781
enforcement agent, natural resources law enforcement staff	11782
officer, park officer, forest officer, preserve officer, wildlife	11783
officer, state watercraft officer, park district police officer,	11784
conservancy district officer, veterans' home police officer,	11785
special police officer for a mental health institution, special	11786
police officer for an institution for the ~~mentally retarded and~~	11787
developmentally disabled, state university law enforcement	11788
officer, municipal police officer, house sergeant at arms,	11789
assistant house sergeant at arms, regional transit authority	11790
police officer, or state highway patrol police officer. "PERS	11791
public safety officer" also includes a person serving as a	11792
municipal public safety director at any time during the period	11793
from September 29, 2005, to March 24, 2009, if the duties of that	11794
service were other than to preserve the peace, protect life and	11795
property, and enforce the laws of this state.	11796

(YY) "Fiduciary" means a person who does any of the	11797
following:	11798

(1) Exercises any discretionary authority or control with	11799
respect to the management of the system or with respect to the	11800
management or disposition of its assets;	11801

(2) Renders investment advice for a fee, direct or indirect,	11802
with respect to money or property of the system;	11803

(3) Has any discretionary authority or responsibility in the	11804
administration of the system.	11805

(ZZ) "Actuary" means an individual who satisfies all of the	11806
following requirements:	11807

(1) Is a member of the American academy of actuaries;

11808

(2) Is an associate or fellow of the society of actuaries;

11809

(3) Has a minimum of five years' experience in providing	11810
actuarial services to public retirement plans.	11811

(AAA) "PERS defined benefit plan" means the plan described in	11812
sections 145.201 to 145.79 of the Revised Code.	11813

(BBB) "PERS defined contribution plans" means the plan or	11814
plans established under section 145.81 of the Revised Code.	11815

Sec. 145.012. (A) "Public employee," as defined in division	11816
(A) of section 145.01 of the Revised Code, does not include any	11817
person:	11818

(1) Who is employed by a private, temporary-help service and	11819
performs services under the direction of a public employer or is	11820
employed on a contractual basis as an independent contractor under	11821
a personal service contract with a public employer;	11822

(2) Who is an emergency employee serving on a temporary basis	11823
in case of fire, snow, earthquake, flood, or other similar	11824
emergency;	11825

(3) Who is employed in a program established pursuant to the	11826
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	11827
1501;	11828

(4) Who is an appointed member of either the motor vehicle	11829
salvage dealers board or the motor vehicle dealer's board whose	11830
rate and method of payment are determined pursuant to division (J)	11831
of section 124.15 of the Revised Code;	11832

(5) Who is employed as an election worker and paid less than	11833
five hundred dollars per calendar year for that service;	11834

(6) Who is employed as a firefighter in a position requiring	11835
satisfactory completion of a firefighter training course approved	11836
under former section 3303.07 or section 4765.55 of the Revised	11837
Code or conducted under section 3737.33 of the Revised Code except	11838
for the following:	11839

(a) Any firefighter who has elected under section 145.013 of	11840
the Revised Code to remain a contributing member of the public	11841
employees retirement system;	11842

(b) Any firefighter who was eligible to transfer from the	11843
public employees retirement system to the Ohio police and fire	11844
pension fund under section 742.51 or 742.515 of the Revised Code	11845
and did not elect to transfer;	11846

(c) Any firefighter who has elected under section 742.516 of	11847
the Revised Code to transfer from the Ohio police and fire pension	11848
fund to the public employees retirement system.	11849

(7) Who is a member of the board of health of a city or	11850
general health district, which pursuant to sections 3709.051 and	11851
3709.07 of the Revised Code includes a combined health district,	11852
and whose compensation for attendance at meetings of the board is	11853
set forth in division (B) of section 3709.02 or division (B) of	11854
section 3709.05 of the Revised Code, as appropriate;	11855

(8) Who participates in an alternative retirement plan	11856
established under Chapter 3305. of the Revised Code;	11857

(9) Who is a member of the board of directors of a sanitary	11858
district established under Chapter 6115. of the Revised Code;	11859

(10) Who is a member of the unemployment compensation	11860
advisory council;	11861

(11) Who is an employee, officer, or governor-appointed	11862
member of the board of directors of the nonprofit corporation	11863
formed under section 187.01 of the Revised Code;	11864

(12) Who is employed by the nonprofit entity established to	11865
provide advocacy services and a client assistance program for	11866
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	11867
of the 129th general assembly and whose employment begins on or	11868
after October 1, 2012.	11869

(B) No inmate of a correctional institution operated by the	11870
department of rehabilitation and correction, no patient in a	11871
hospital for the mentally ill or criminally insane operated by the	11872
department of ~~mental health~~mental health and addiction services,	11873
no resident in an institution for the mentally retarded operated	11874
by the department of developmental disabilities, no resident	11875
admitted as a patient of a veterans' home operated under Chapter	11876
5907. of the Revised Code, and no resident of a county home shall	11877
be considered as a public employee for the purpose of establishing	11878
membership or calculating service credit or benefits under this	11879
chapter. Nothing in this division shall be construed to affect any	11880
service credit attained by any person who was a public employee	11881
before becoming an inmate, patient, or resident at any institution	11882
listed in this division, or the payment of any benefit for which	11883
such a person or such a person's beneficiaries otherwise would be	11884
eligible.	11885

Sec. 145.22. (A) The public employees retirement board shall	11886
have prepared annually by or under the supervision of an actuary	11887
an actuarial valuation of the pension assets, liabilities, and	11888
funding requirements of the public employees retirement system as	11889
established pursuant to this chapter. The actuary shall complete	11890
the valuation in accordance with actuarial standards of practice	11891
promulgated by the actuarial standards board of the American	11892
academy of actuaries and prepare a report of the valuation. The	11893
report shall include all of the following:	11894

(1) A summary of the benefit provisions evaluated;

11895

(2) A summary of the census data and financial information	11896
used in the valuation;	11897

(3) A description of the actuarial assumptions, actuarial	11898
cost method, and asset valuation method used in the valuation,	11899
including a statement of the assumed rate of payroll growth and	11900
assumed rate of growth or decline in the number of members	11901
contributing to the retirement system;	11902

(4) A summary of findings that includes a statement of the	11903
actuarial accrued pension liabilities and unfunded actuarial	11904
accrued pension liabilities;	11905

(5) A schedule showing the effect of any changes in the	11906
benefit provisions, actuarial assumptions, or cost methods since	11907
the last annual actuarial valuation;	11908

(6) A statement of whether contributions to the retirement	11909
system are expected to be sufficient to satisfy the funding	11910
objectives established by the board.	11911

The board shall submit the report to the Ohio retirement	11912
study council, the director of budget and management, and the	11913
standing committees of the house of representatives and the senate	11914
with primary responsibility for retirement legislation immediately	11915
upon its availability and not later than the first day of	11916
September following the year for which the valuation was made.	11917

(B) At such time as the public employees retirement board	11918
determines, and at least once in each five-year period, the board	11919
shall have prepared by or under the supervision of an actuary an	11920
actuarial investigation of the mortality, service, and other	11921
experience of the members, retirants, contributors, and	11922
beneficiaries of the system to update the actuarial assumptions	11923
used in the actuarial valuation required by division (A) of this	11924
section. The actuary shall prepare a report of the actuarial	11925
investigation. The report shall be prepared and any recommended	11926
changes in actuarial assumptions shall be made in accordance with	11927
the actuarial standards of practice promulgated by the actuarial	11928
standards board of the American academy of actuaries. The report	11929
shall include all of the following:	11930

(1) A summary of relevant decrement and economic assumption	11931
experience observed over the period of the investigation;	11932

(2) Recommended changes in actuarial assumptions to be used	11933
in subsequent actuarial valuations required by division (A) of	11934
this section;	11935

(3) A measurement of the financial effect of the recommended	11936
changes in actuarial assumptions.	11937

The board shall submit the report to the Ohio retirement	11938
study council and the standing committees of the house of	11939
representatives and the senate with primary responsibility for	11940
retirement legislation not later than the first day of November	11941
following the last fiscal year of the period the report covers.	11942

(C) The board may at any time request the actuary to make any	11943
studies or actuarial valuations to determine the adequacy of the	11944
contribution rate determined under section 145.48 of the Revised	11945
Code, and those rates may be adjusted by the board, as recommended	11946
by the actuary, effective as of the first of any year thereafter.	11947

(D) The board shall have prepared by or under the supervision	11948
of an actuary an actuarial analysis of any introduced legislation	11949
expected to have a measurable financial impact on the retirement	11950
system. The actuarial analysis shall be completed in accordance	11951
with the actuarial standards of practice promulgated by the	11952
actuarial standards board of the American academy of actuaries.	11953
The actuary shall prepare a report of the actuarial analysis,	11954
which shall include all of the following:	11955

(1) A summary of the statutory changes that are being	11956
evaluated;	11957

(2) A description of or reference to the actuarial	11958
assumptions and actuarial cost method used in the report;	11959

(3) A description of the participant group or groups included	11960
in the report;	11961

(4) A statement of the financial impact of the legislation,	11962
including the resulting increase, if any, in the employer normal	11963
cost percentage; the increase, if any, in actuarial accrued	11964
liabilities; and the per cent of payroll that would be required to	11965
amortize the increase in actuarial accrued liabilities as a level	11966
per cent of covered payroll for all active members over a period	11967
not to exceed thirty years;	11968

(5) A statement of whether the scheduled contributions to the	11969
system after the proposed change is enacted are expected to be	11970
sufficient to satisfy the funding objectives established by the	11971
board.	11972

Not later than sixty days from the date of introduction of	11973
the legislation, the board shall submit a copy of the actuarial	11974
analysis to the legislative service commission, the standing	11975
committees of the house of representatives and the senate with	11976
primary responsibility for retirement legislation, and the Ohio	11977
retirement study council.	11978

(E) The board shall have prepared annually a report giving a	11979
full accounting of the revenues and costs relating to the	11980
provision of benefits under sections 145.58 and 145.584 of the	11981
Revised Code. The report shall be made as of December 31, 1997,	11982
and the thirty-first day of December of each year thereafter. The	11983
report shall include the following:	11984

(1) A description of the statutory authority for the benefits	11985
provided;	11986

(2) A summary of the benefits;

11987

(3) A summary of the eligibility requirements for the	11988
benefits;	11989

(4) A statement of the number of participants eligible for	11990
the benefits;	11991

(5) A description of the accounting, asset valuation, and	11992
funding method used to provide the benefits;	11993

(6) A statement of the net assets available for the provision	11994
of the benefits as of the last day of the fiscal year;	11995

(7) A statement of any changes in the net assets available	11996
for the provision of benefits, including participant and employer	11997
contributions, net investment income, administrative expenses, and	11998
benefits provided to participants, as of the last day of the	11999
fiscal year;	12000

(8) For the last six consecutive fiscal years, a schedule of	12001
the net assets available for the benefits, the annual cost of	12002
benefits, administrative expenses incurred, and annual employer	12003
contributions allocated for the provision of benefits;	12004

(9) A description of any significant changes that affect the	12005
comparability of the report required under this division;	12006

(10) A statement of the amount paid under division (C) of	12007
section 145.58 of the Revised Code.	12008

The board shall submit the report to the Ohio retirement	12009
study council, the director of budget and management, and the	12010
standing committees of the house of representatives and the senate	12011
with primary responsibility for retirement legislation immediately	12012
upon its availability and not later than the thirtieth day of June	12013
following the year for which the report was made.	12014

Sec. 149.01. Each elective state officer, the adjutant	12015
general, the adult parole authority, the department of	12016
agriculture, the director of administrative services, the public	12017
utilities commission, the superintendent of insurance, the	12018
superintendent of financial institutions, the superintendent of	12019
purchases and printing, the fire marshal, the industrial	12020
commission, the administrator of workers' compensation, the state	12021
department of transportation, the department of health, the state	12022
medical board, the state dental board, the board of embalmers and	12023
funeral directors, the Ohio commission for the blind, the	12024
accountancy board of Ohio, the state council of uniform state	12025
laws, the board of commissioners of the sinking fund, the	12026
department of taxation, the board of tax appeals, the division of	12027
liquor control, the director of state armories, the trustees of	12028
the Ohio state university, and every private or quasi-public	12029
institution, association, board, or corporation receiving state	12030
money for its use and purpose shall make annually, at the end of	12031
each fiscal year, in quadruplicate, a report of the transactions	12032
and proceedings of that office or department for that fiscal year,	12033
excepting receipts and disbursements unless otherwise specifically	12034
required by law. The report shall contain a summary of the	12035
official acts of the officer, board, council, commission,	12036
institution, association, or corporation and any suggestions and	12037
recommendations that are proper. ~~On the first day of August of~~	12038
~~each year, one~~	12039

One of the reports shall be filed with the governor, one with	12040
the secretary of state, and one with the state library, and one	12041
shall be kept on file in the office of the officer, board,	12042
council, commission, institution, association, or corporation. The	12043
reports shall be so filed by the first day of August, except that	12044
the report of the treasurer of state shall be so filed by the	12045
thirty-first day of December.	12046

Sec. 149.311. (A) As used in this section:

12047

(1) "Historic building" means a building, including its	12048
structural components, that is located in this state and that is	12049
either individually listed on the national register of historic	12050
places under 16 U.S.C. 470a, located in a registered historic	12051
district, and certified by the state historic preservation officer	12052
as being of historic significance to the district, or is	12053
individually listed as an historic landmark designated by a local	12054
government certified under 16 U.S.C. 470a(c).	12055

(2) "Qualified rehabilitation expenditures" means	12056
expenditures paid or incurred during the rehabilitation period,	12057
and before and after that period as determined under 26 U.S.C. 47,	12058
by an owner or qualified lessee of an historic building to	12059
rehabilitate the building. "Qualified rehabilitation expenditures"	12060
includes architectural or engineering fees paid or incurred in	12061
connection with the rehabilitation, and expenses incurred in the	12062
preparation of nomination forms for listing on the national	12063
register of historic places. "Qualified rehabilitation	12064
expenditures" does not include any of the following:	12065

(a) The cost of acquiring, expanding, or enlarging an	12066
historic building;	12067

(b) Expenditures attributable to work done to facilities	12068
related to the building, such as parking lots, sidewalks, and	12069
landscaping;	12070

12071

(3) "Owner" of an historic building means a person holding	12072
the fee simple interest in the building. "Owner" does not include	12073
the state or a state agency, or any political subdivision as	12074
defined in section 9.23 of the Revised Code.	12075

(4) "Qualified lessee" means a person subject to a lease	12076
agreement for aan historic building and eligible for the federal	12077
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	12078
does not include the state or a state agency or political	12079
subdivision as defined in section 9.23 of the Revised Code.	12080

(5) "Certificate owner" means the owner or qualified lessee	12081
of an historic building to which a rehabilitation tax credit	12082
certificate was issued under this section.	12083

(6) "Registered historic district" means an historic district	12084
listed in the national register of historic places under 16 U.S.C.	12085
470a, an historic district designated by a local government	12086
certified under 16 U.S.C. 470a(c), or a local historic district	12087
certified under 36 C.F.R. 67.8 and 67.9.	12088

(7) "Rehabilitation" means the process of repairing or	12089
altering an historic building or buildings, making possible an	12090
efficient use while preserving those portions and features of the	12091
building and its site and environment that are significant to its	12092
historic, architectural, and cultural values.	12093

(8) "Rehabilitation period" means one of the following:

12094

(a) If the rehabilitation initially was not planned to be	12095
completed in stages, a period chosen by the owner or qualified	12096
lessee not to exceed twenty-four months during which	12097
rehabilitation occurs;	12098

(b) If the rehabilitation initially was planned to be	12099
completed in stages, a period chosen by the owner or qualified	12100
lessee not to exceed sixty months during which rehabilitation	12101
occurs. Each stage shall be reviewed as a phase of a	12102
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	12103
successor to that section.	12104

(9) "State historic preservation officer" or "officer" means	12105
the state historic preservation officer appointed by the governor	12106
under 16 U.S.C. 470a.	12107

(B) The owner or qualified lessee of an historic building may	12108
apply to the director of development services for a rehabilitation	12109
tax credit certificate for qualified rehabilitation expenditures	12110
paid or incurred by such owner or qualified lessee after April 4,	12111
2007, for rehabilitation of an historic building. If the owner of	12112
aan historic building enters a pass-through agreement with a	12113
qualified lessee for the purposes of the federal rehabilitation	12114
tax credit under 26 U.S.C. 47, the qualified rehabilitation	12115
expenditures paid or incurred by the owner after April 4, 2007,	12116
~~shall~~may be attributed to the qualified lessee.	12117

The form and manner of filing such applications shall be	12118
prescribed by rule of the director. Each application shall state	12119
the amount of qualified rehabilitation expenditures the applicant	12120
estimates will be paid or incurred. The director may require	12121
applicants to furnish documentation of such estimates.	12122

The director, after consultation with the tax commissioner	12123
and in accordance with Chapter 119. of the Revised Code, shall	12124
adopt rules that establish all of the following:	12125

(1) Forms and procedures by which applicants may apply for	12126
rehabilitation tax credit certificates;	12127

(2) Criteria for reviewing, evaluating, and approving	12128
applications for certificates within the limitations under	12129
division (D) of this section, criteria for assuring that the	12130
certificates issued encompass a mixture of high and low qualified	12131
rehabilitation expenditures, and criteria for issuing certificates	12132
under division (C)(3)(b) of this section;	12133

(3) Eligibility requirements for obtaining a certificate	12134
under this section;	12135

(4) The form of rehabilitation tax credit certificates;

12136

(5) Reporting requirements and monitoring procedures;

12137

(6) Procedures and criteria for conducting cost-benefit	12138
analyses of historic buildings that are the subjects of	12139
applications filed under this section. The purpose of a	12140
cost-benefit analysis shall be to determine whether rehabilitation	12141
of the historic building will result in a net revenue gain in	12142
state and local taxes once the building is used.	12143

(7) Any other rules necessary to implement and administer	12144
this section.	12145

(C) The director of development services shall review the	12146
applications with the assistance of the state historic	12147
preservation officer and determine whether all of the following	12148
criteria are met:	12149

(1) That the building that is the subject of the application	12150
is an historic building and the applicant is the owner or	12151
qualified lessee of the building;	12152

(2) That the rehabilitation will satisfy standards prescribed	12153
by the United States secretary of the interior under 16 U.S.C.	12154
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	12155
that section;	12156

(3) That receiving a rehabilitation tax credit certificate	12157
under this section is a major factor in:	12158

(a) The applicant's decision to rehabilitate the historic	12159
building; or	12160

(b) To increase the level of investment in such	12161
rehabilitation.	12162

An applicant shall demonstrate to the satisfaction of the	12163
state historic preservation officer and director of development	12164
services that the rehabilitation will satisfy the standards	12165
described in division (C)(2) of this section before the applicant	12166
begins the physical rehabilitation of the historic building.	12167

(D)(1) If the director of development services determines	12168
that an application meets the criteria in divisions (C)(1), (2),	12169
and (3) of this section, the director shall conduct a cost-benefit	12170
analysis for the historic building that is the subject of the	12171
application to determine whether rehabilitation of the historic	12172
building will result in a net revenue gain in state and local	12173
taxes once the building is used. The director shall consider the	12174
results of the cost-benefit analysis in determining whether to	12175
approve the application. The director shall also consider the	12176
potential economic impact and the regional distributive balance of	12177
the credits throughout the state. The director may approve an	12178
application only after completion of the cost-benefit analysis.	12179

(2) A rehabilitation tax credit certificate shall not be	12180
issued for an amount greater than the estimated amount furnished	12181
by the applicant on the application for such certificate and	12182
approved by the director. The director shall not approve more than	12183
a total of sixty million dollars of rehabilitation tax credits per	12184
fiscal year but the director may reallocate unused tax credits	12185
from a prior fiscal year for new applicants and such reallocated	12186
credits shall not apply toward the dollar limit of this division.	12187

(3) For rehabilitations with a rehabilitation period not	12188
exceeding twenty-four months as provided in division (A)(7)(a) of	12189
this section, a rehabilitation tax credit certificate shall not be	12190
issued before the rehabilitation of the historic building is	12191
completed.	12192

(4) For rehabilitations with a rehabilitation period not	12193
exceeding sixty months as provided in division (A)(7)(b) of this	12194
section, a rehabilitation tax credit certificate shall not be	12195
issued before a stage of rehabilitation is completed. After all	12196
stages of rehabilitation are completed, if the director cannot	12197
determine that the criteria in division (C) of this section are	12198
satisfied for all stages of rehabilitations, the director shall	12199
certify this finding to the tax commissioner, and any	12200
rehabilitation tax credits received by the applicant shall be	12201
repaid by the applicant and may be collected by assessment as	12202
unpaid tax by the commissioner.	12203

(5) The director of development services shall require the	12204
applicant to provide a third-party cost certification by a	12205
certified public accountant of the actual costs attributed to the	12206
rehabilitation of the historic building when qualified	12207
rehabilitation expenditures exceed two hundred thousand dollars.	12208

If an applicant whose application is approved for receipt of	12209
a rehabilitation tax credit certificate fails to provide to the	12210
director sufficient evidence of reviewable progress, including a	12211
viable financial plan, copies of final construction drawings, and	12212
evidence that the applicant has obtained all historic approvals	12213
within twelve months after the date the applicant received	12214
notification of approval, and if the applicant fails to provide	12215
evidence to the director that the applicant has secured and closed	12216
on financing for the rehabilitation within eighteen months after	12217
receiving notification of approval, the director may rescind the	12218
approval of the application. The director shall notify the	12219
applicant if the approval has been rescinded. Credits that would	12220
have been available to an applicant whose approval was rescinded	12221
shall be available for other qualified applicants. Nothing in this	12222
division prohibits an applicant whose approval has been rescinded	12223
from submitting a new application for a rehabilitation tax credit	12224
certificate.	12225

(E) Issuance of a certificate represents a finding by the	12226
director of development services of the matters described in	12227
divisions (C)(1), (2), and (3) of this section only; issuance of a	12228
certificate does not represent a verification or certification by	12229
the director of the amount of qualified rehabilitation	12230
expenditures for which a tax credit may be claimed under section	12231
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	12232
Revised Code. The amount of qualified rehabilitation expenditures	12233
for which a tax credit may be claimed is subject to inspection and	12234
examination by the tax commissioner or employees of the	12235
commissioner under section 5703.19 of the Revised Code and any	12236
other applicable law. Upon the issuance of a certificate, the	12237
director shall certify to the tax commissioner, in the form and	12238
manner requested by the tax commissioner, the name of the	12239
applicant, the amount of qualified rehabilitation expenditures	12240
shown on the certificate, and any other information required by	12241
the rules adopted under this section.	12242

(F)(1) On or before the first day of April each year, the	12243
director of development services and tax commissioner jointly	12244
shall submit to the president of the senate and the speaker of the	12245
house of representatives a report on the tax credit program	12246
established under this section and sections 5725.151, 5725.34,	12247
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	12248
report shall present an overview of the program and shall include	12249
information on the number of rehabilitation tax credit	12250
certificates issued under this section during the preceding fiscal	12251
year, an update on the status of each historic building for which	12252
an application was approved under this section, the dollar amount	12253
of the tax credits granted under sections 5725.151, 5725.34,	12254
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	12255
any other information the director and commissioner consider	12256
relevant to the topics addressed in the report.	12257

(2) On or before December 1, 2015, the director of	12258
development services and tax commissioner jointly shall submit to	12259
the president of the senate and the speaker of the house of	12260
representatives a comprehensive report that includes the	12261
information required by division (F)(1) of this section and a	12262
detailed analysis of the effectiveness of issuing tax credits for	12263
rehabilitating historic buildings. The report shall be prepared	12264
with the assistance of an economic research organization jointly	12265
chosen by the director and commissioner.	12266

(G) There is hereby created in the state treasury the	12267
historic rehabilitation tax credit operating fund. The director of	12268
development services is authorized to charge reasonable	12269
application and other fees in connection with the administration	12270
of tax credits authorized by this section and sections 5725.151,	12271
5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the Revised	12272
Code. Any such fees collected shall be credited to the fund and	12273
used to pay reasonable costs incurred by the department of	12274
development services in administering this section and sections	12275
5725.151, 5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the	12276
Revised Code.	12277

The Ohio historic preservation office is authorized to charge	12278
reasonable fees in connection with its review and approval of	12279
applications under this section. Any such fees collected shall be	12280
credited to the fund and used to pay administrative costs incurred	12281
by the Ohio historic preservation office pursuant to this section.	12282

Sec. 149.43. (A) As used in this section:

12283

(1) "Public record" means records kept by any public office,	12284
including, but not limited to, state, county, city, village,	12285
township, and school district units, and records pertaining to the	12286
delivery of educational services by an alternative school in this	12287
state kept by the nonprofit or for-profit entity operating the	12288
alternative school pursuant to section 3313.533 of the Revised	12289
Code. "Public record" does not mean any of the following:	12290

(a) Medical records;

12291

(b) Records pertaining to probation and parole proceedings or	12292
to proceedings related to the imposition of community control	12293
sanctions and post-release control sanctions;	12294

(c) Records pertaining to actions under section 2151.85 and	12295
division (C) of section 2919.121 of the Revised Code and to	12296
appeals of actions arising under those sections;	12297

(d) Records pertaining to adoption proceedings, including the	12298
contents of an adoption file maintained by the department of	12299
health under section 3705.12 of the Revised Code;	12300

(e) Information in a record contained in the putative father	12301
registry established by section 3107.062 of the Revised Code,	12302
regardless of whether the information is held by the department of	12303
job and family services or, pursuant to section 3111.69 of the	12304
Revised Code, the office of child support in the department or a	12305
child support enforcement agency;	12306

(f) Records listed in division (A) of section 3107.42 of the	12307
Revised Code or specified in division (A) of section 3107.52 of	12308
the Revised Code;	12309

(g) Trial preparation records;

12310

(h) Confidential law enforcement investigatory records;

12311

(i) Records containing information that is confidential under	12312
section 2710.03 or 4112.05 of the Revised Code;	12313

(j) DNA records stored in the DNA database pursuant to	12314
section 109.573 of the Revised Code;	12315

(k) Inmate records released by the department of	12316
rehabilitation and correction to the department of youth services	12317
or a court of record pursuant to division (E) of section 5120.21	12318
of the Revised Code;	12319

(l) Records maintained by the department of youth services	12320
pertaining to children in its custody released by the department	12321
of youth services to the department of rehabilitation and	12322
correction pursuant to section 5139.05 of the Revised Code;	12323

(m) Intellectual property records;

12324

(n) Donor profile records;

12325

(o) Records maintained by the department of job and family	12326
services pursuant to section 3121.894 of the Revised Code;	12327

(p) Peace officer, parole officer, probation officer,	12328
bailiff, prosecuting attorney, assistant prosecuting attorney,	12329
correctional employee, community-based correctional facility	12330
employee, youth services employee, firefighter, EMT, or	12331
investigator of the bureau of criminal identification and	12332
investigation residential and familial information;	12333

(q) In the case of a county hospital operated pursuant to	12334
Chapter 339. of the Revised Code or a municipal hospital operated	12335
pursuant to Chapter 749. of the Revised Code, information that	12336
constitutes a trade secret, as defined in section 1333.61 of the	12337
Revised Code;	12338

(r) Information pertaining to the recreational activities of	12339
a person under the age of eighteen;	12340

(s) Records provided to, statements made by review board	12341
members during meetings of, and all work products of a child	12342
fatality review board acting under sections 307.621 to 307.629 of	12343
the Revised Code, and child fatality review data submitted by the	12344
child fatality review board to the department of health or a	12345
national child death review database, other than the report	12346
prepared pursuant to division (A) of section 307.626 of the	12347
Revised Code;	12348

(t) Records provided to and statements made by the executive	12349
director of a public children services agency or a prosecuting	12350
attorney acting pursuant to section 5153.171 of the Revised Code	12351
other than the information released under that section;	12352

(u) Test materials, examinations, or evaluation tools used in	12353
an examination for licensure as a nursing home administrator that	12354
the board of ~~examiners~~executives of ~~nursing home administrators~~	12355
long-term services and supports administers under section 4751.04	12356
of the Revised Code or contracts under that section with a private	12357
or government entity to administer;	12358

(v) Records the release of which is prohibited by state or	12359
federal law;	12360

(w) Proprietary information of or relating to any person that	12361
is submitted to or compiled by the Ohio venture capital authority	12362
created under section 150.01 of the Revised Code;	12363

(x) ~~Information reported and evaluations conducted pursuant~~	12364
~~to section 3701.072 of the Revised Code;~~	12365

~~(y)~~ Financial statements and data any person submits for any	12366
purpose to the Ohio housing finance agency or the controlling	12367
board in connection with applying for, receiving, or accounting	12368
for financial assistance from the agency, and information that	12369
identifies any individual who benefits directly or indirectly from	12370
financial assistance from the agency;	12371

~~(z)~~(y) Records listed in section 5101.29 of the Revised Code;

12372

~~(aa)~~(z) Discharges recorded with a county recorder under	12373
section 317.24 of the Revised Code, as specified in division	12374
(B)(2) of that section;	12375

~~(bb)~~(aa) Usage information including names and addresses of	12376
specific residential and commercial customers of a municipally	12377
owned or operated public utility;	12378

~~(cc)~~(bb) Records described in division (C) of section 187.04	12379
of the Revised Code that are not designated to be made available	12380
to the public as provided in that division.	12381

(2) "Confidential law enforcement investigatory record" means	12382
any record that pertains to a law enforcement matter of a	12383
criminal, quasi-criminal, civil, or administrative nature, but	12384
only to the extent that the release of the record would create a	12385
high probability of disclosure of any of the following:	12386

(a) The identity of a suspect who has not been charged with	12387
the offense to which the record pertains, or of an information	12388
source or witness to whom confidentiality has been reasonably	12389
promised;	12390

(b) Information provided by an information source or witness	12391
to whom confidentiality has been reasonably promised, which	12392
information would reasonably tend to disclose the source's or	12393
witness's identity;	12394

(c) Specific confidential investigatory techniques or	12395
procedures or specific investigatory work product;	12396

(d) Information that would endanger the life or physical	12397
safety of law enforcement personnel, a crime victim, a witness, or	12398
a confidential information source.	12399

(3) "Medical record" means any document or combination of	12400
documents, except births, deaths, and the fact of admission to or	12401
discharge from a hospital, that pertains to the medical history,	12402
diagnosis, prognosis, or medical condition of a patient and that	12403
is generated and maintained in the process of medical treatment.	12404

(4) "Trial preparation record" means any record that contains	12405
information that is specifically compiled in reasonable	12406
anticipation of, or in defense of, a civil or criminal action or	12407
proceeding, including the independent thought processes and	12408
personal trial preparation of an attorney.	12409

(5) "Intellectual property record" means a record, other than	12410
a financial or administrative record, that is produced or	12411
collected by or for faculty or staff of a state institution of	12412
higher learning in the conduct of or as a result of study or	12413
research on an educational, commercial, scientific, artistic,	12414
technical, or scholarly issue, regardless of whether the study or	12415
research was sponsored by the institution alone or in conjunction	12416
with a governmental body or private concern, and that has not been	12417
publicly released, published, or patented.	12418

(6) "Donor profile record" means all records about donors or	12419
potential donors to a public institution of higher education	12420
except the names and reported addresses of the actual donors and	12421
the date, amount, and conditions of the actual donation.	12422

(7) "Peace officer, parole officer, probation officer,	12423
bailiff, prosecuting attorney, assistant prosecuting attorney,	12424
correctional employee, community-based correctional facility	12425
employee, youth services employee, firefighter, EMT, or	12426
investigator of the bureau of criminal identification and	12427
investigation residential and familial information" means any	12428
information that discloses any of the following about a peace	12429
officer, parole officer, probation officer, bailiff, prosecuting	12430
attorney, assistant prosecuting attorney, correctional employee,	12431
community-based correctional facility employee, youth services	12432
employee, firefighter, EMT, or investigator of the bureau of	12433
criminal identification and investigation:	12434

(a) The address of the actual personal residence of a peace	12435
officer, parole officer, probation officer, bailiff, assistant	12436
prosecuting attorney, correctional employee, community-based	12437
correctional facility employee, youth services employee,	12438
firefighter, EMT, or an investigator of the bureau of criminal	12439
identification and investigation, except for the state or	12440
political subdivision in which the peace officer, parole officer,	12441
probation officer, bailiff, assistant prosecuting attorney,	12442
correctional employee, community-based correctional facility	12443
employee, youth services employee, firefighter, EMT, or	12444
investigator of the bureau of criminal identification and	12445
investigation resides;	12446

(b) Information compiled from referral to or participation in	12447
an employee assistance program;	12448

(c) The social security number, the residential telephone	12449
number, any bank account, debit card, charge card, or credit card	12450
number, or the emergency telephone number of, or any medical	12451
information pertaining to, a peace officer, parole officer,	12452
probation officer, bailiff, prosecuting attorney, assistant	12453
prosecuting attorney, correctional employee, community-based	12454
correctional facility employee, youth services employee,	12455
firefighter, EMT, or investigator of the bureau of criminal	12456
identification and investigation;	12457

(d) The name of any beneficiary of employment benefits,	12458
including, but not limited to, life insurance benefits, provided	12459
to a peace officer, parole officer, probation officer, bailiff,	12460
prosecuting attorney, assistant prosecuting attorney, correctional	12461
employee, community-based correctional facility employee, youth	12462
services employee, firefighter, EMT, or investigator of the bureau	12463
of criminal identification and investigation by the peace	12464
officer's, parole officer's, probation officer's, bailiff's,	12465
prosecuting attorney's, assistant prosecuting attorney's,	12466
correctional employee's, community-based correctional facility	12467
employee's, youth services employee's, firefighter's, EMT's, or	12468
investigator of the bureau of criminal identification and	12469
investigation's employer;	12470

(e) The identity and amount of any charitable or employment	12471
benefit deduction made by the peace officer's, parole officer's,	12472
probation officer's, bailiff's, prosecuting attorney's, assistant	12473
prosecuting attorney's, correctional employee's, community-based	12474
correctional facility employee's, youth services employee's,	12475
firefighter's, EMT's, or investigator of the bureau of criminal	12476
identification and investigation's employer from the peace	12477
officer's, parole officer's, probation officer's, bailiff's,	12478
prosecuting attorney's, assistant prosecuting attorney's,	12479
correctional employee's, community-based correctional facility	12480
employee's, youth services employee's, firefighter's, EMT's, or	12481
investigator of the bureau of criminal identification and	12482
investigation's compensation unless the amount of the deduction is	12483
required by state or federal law;	12484

(f) The name, the residential address, the name of the	12485
employer, the address of the employer, the social security number,	12486
the residential telephone number, any bank account, debit card,	12487
charge card, or credit card number, or the emergency telephone	12488
number of the spouse, a former spouse, or any child of a peace	12489
officer, parole officer, probation officer, bailiff, prosecuting	12490
attorney, assistant prosecuting attorney, correctional employee,	12491
community-based correctional facility employee, youth services	12492
employee, firefighter, EMT, or investigator of the bureau of	12493
criminal identification and investigation;	12494

(g) A photograph of a peace officer who holds a position or	12495
has an assignment that may include undercover or plain clothes	12496
positions or assignments as determined by the peace officer's	12497
appointing authority.	12498

As used in divisions (A)(7) and (B)(9) of this section,	12499
"peace officer" has the same meaning as in section 109.71 of the	12500
Revised Code and also includes the superintendent and troopers of	12501
the state highway patrol; it does not include the sheriff of a	12502
county or a supervisory employee who, in the absence of the	12503
sheriff, is authorized to stand in for, exercise the authority of,	12504
and perform the duties of the sheriff.	12505

As used in divisions (A)(7) and (B)(5) of this section,	12506
"correctional employee" means any employee of the department of	12507
rehabilitation and correction who in the course of performing the	12508
employee's job duties has or has had contact with inmates and	12509
persons under supervision.	12510

As used in divisions (A)(7) and (B)(5) of this section,	12511
"youth services employee" means any employee of the department of	12512
youth services who in the course of performing the employee's job	12513
duties has or has had contact with children committed to the	12514
custody of the department of youth services.	12515

As used in divisions (A)(7) and (B)(9) of this section,	12516
"firefighter" means any regular, paid or volunteer, member of a	12517
lawfully constituted fire department of a municipal corporation,	12518
township, fire district, or village.	12519

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	12520
means EMTs-basic, EMTs-I, and paramedics that provide emergency	12521
medical services for a public emergency medical service	12522
organization. "Emergency medical service organization,"	12523
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	12524
section 4765.01 of the Revised Code.	12525

As used in divisions (A)(7) and (B)(9) of this section,	12526
"investigator of the bureau of criminal identification and	12527
investigation" has the meaning defined in section 2903.11 of the	12528
Revised Code.	12529

(8) "Information pertaining to the recreational activities of	12530
a person under the age of eighteen" means information that is kept	12531
in the ordinary course of business by a public office, that	12532
pertains to the recreational activities of a person under the age	12533
of eighteen years, and that discloses any of the following:	12534

(a) The address or telephone number of a person under the age	12535
of eighteen or the address or telephone number of that person's	12536
parent, guardian, custodian, or emergency contact person;	12537

(b) The social security number, birth date, or photographic	12538
image of a person under the age of eighteen;	12539

(c) Any medical record, history, or information pertaining to	12540
a person under the age of eighteen;	12541

(d) Any additional information sought or required about a	12542
person under the age of eighteen for the purpose of allowing that	12543
person to participate in any recreational activity conducted or	12544
sponsored by a public office or to use or obtain admission	12545
privileges to any recreational facility owned or operated by a	12546
public office.	12547

(9) "Community control sanction" has the same meaning as in	12548
section 2929.01 of the Revised Code.	12549

(10) "Post-release control sanction" has the same meaning as	12550
in section 2967.01 of the Revised Code.	12551

(11) "Redaction" means obscuring or deleting any information	12552
that is exempt from the duty to permit public inspection or	12553
copying from an item that otherwise meets the definition of a	12554
"record" in section 149.011 of the Revised Code.	12555

(12) "Designee" and "elected official" have the same meanings	12556
as in section 109.43 of the Revised Code.	12557

(B)(1) Upon request and subject to division (B)(8) of this	12558
section, all public records responsive to the request shall be	12559
promptly prepared and made available for inspection to any person	12560
at all reasonable times during regular business hours. Subject to	12561
division (B)(8) of this section, upon request, a public office or	12562
person responsible for public records shall make copies of the	12563
requested public record available at cost and within a reasonable	12564
period of time. If a public record contains information that is	12565
exempt from the duty to permit public inspection or to copy the	12566
public record, the public office or the person responsible for the	12567
public record shall make available all of the information within	12568
the public record that is not exempt. When making that public	12569
record available for public inspection or copying that public	12570
record, the public office or the person responsible for the public	12571
record shall notify the requester of any redaction or make the	12572
redaction plainly visible. A redaction shall be deemed a denial of	12573
a request to inspect or copy the redacted information, except if	12574
federal or state law authorizes or requires a public office to	12575
make the redaction.	12576

(2) To facilitate broader access to public records, a public	12577
office or the person responsible for public records shall organize	12578
and maintain public records in a manner that they can be made	12579
available for inspection or copying in accordance with division	12580
(B) of this section. A public office also shall have available a	12581
copy of its current records retention schedule at a location	12582
readily available to the public. If a requester makes an ambiguous	12583
or overly broad request or has difficulty in making a request for	12584
copies or inspection of public records under this section such	12585
that the public office or the person responsible for the requested	12586
public record cannot reasonably identify what public records are	12587
being requested, the public office or the person responsible for	12588
the requested public record may deny the request but shall provide	12589
the requester with an opportunity to revise the request by	12590
informing the requester of the manner in which records are	12591
maintained by the public office and accessed in the ordinary	12592
course of the public office's or person's duties.	12593

(3) If a request is ultimately denied, in part or in whole,	12594
the public office or the person responsible for the requested	12595
public record shall provide the requester with an explanation,	12596
including legal authority, setting forth why the request was	12597
denied. If the initial request was provided in writing, the	12598
explanation also shall be provided to the requester in writing.	12599
The explanation shall not preclude the public office or the person	12600
responsible for the requested public record from relying upon	12601
additional reasons or legal authority in defending an action	12602
commenced under division (C) of this section.	12603

(4) Unless specifically required or authorized by state or	12604
federal law or in accordance with division (B) of this section, no	12605
public office or person responsible for public records may limit	12606
or condition the availability of public records by requiring	12607
disclosure of the requester's identity or the intended use of the	12608
requested public record. Any requirement that the requester	12609
disclose the requestor's identity or the intended use of the	12610
requested public record constitutes a denial of the request.	12611

(5) A public office or person responsible for public records	12612
may ask a requester to make the request in writing, may ask for	12613
the requester's identity, and may inquire about the intended use	12614
of the information requested, but may do so only after disclosing	12615
to the requester that a written request is not mandatory and that	12616
the requester may decline to reveal the requester's identity or	12617
the intended use and when a written request or disclosure of the	12618
identity or intended use would benefit the requester by enhancing	12619
the ability of the public office or person responsible for public	12620
records to identify, locate, or deliver the public records sought	12621
by the requester.	12622

(6) If any person chooses to obtain a copy of a public record	12623
in accordance with division (B) of this section, the public office	12624
or person responsible for the public record may require that	12625
person to pay in advance the cost involved in providing the copy	12626
of the public record in accordance with the choice made by the	12627
person seeking the copy under this division. The public office or	12628
the person responsible for the public record shall permit that	12629
person to choose to have the public record duplicated upon paper,	12630
upon the same medium upon which the public office or person	12631
responsible for the public record keeps it, or upon any other	12632
medium upon which the public office or person responsible for the	12633
public record determines that it reasonably can be duplicated as	12634
an integral part of the normal operations of the public office or	12635
person responsible for the public record. When the person seeking	12636
the copy makes a choice under this division, the public office or	12637
person responsible for the public record shall provide a copy of	12638
it in accordance with the choice made by the person seeking the	12639
copy. Nothing in this section requires a public office or person	12640
responsible for the public record to allow the person seeking a	12641
copy of the public record to make the copies of the public record.	12642

(7) Upon a request made in accordance with division (B) of	12643
this section and subject to division (B)(6) of this section, a	12644
public office or person responsible for public records shall	12645
transmit a copy of a public record to any person by United States	12646
mail or by any other means of delivery or transmission within a	12647
reasonable period of time after receiving the request for the	12648
copy. The public office or person responsible for the public	12649
record may require the person making the request to pay in advance	12650
the cost of postage if the copy is transmitted by United States	12651
mail or the cost of delivery if the copy is transmitted other than	12652
by United States mail, and to pay in advance the costs incurred	12653
for other supplies used in the mailing, delivery, or transmission.	12654

Any public office may adopt a policy and procedures that it	12655
will follow in transmitting, within a reasonable period of time	12656
after receiving a request, copies of public records by United	12657
States mail or by any other means of delivery or transmission	12658
pursuant to this division. A public office that adopts a policy	12659
and procedures under this division shall comply with them in	12660
performing its duties under this division.	12661

In any policy and procedures adopted under this division, a	12662
public office may limit the number of records requested by a	12663
person that the office will transmit by United States mail to ten	12664
per month, unless the person certifies to the office in writing	12665
that the person does not intend to use or forward the requested	12666
records, or the information contained in them, for commercial	12667
purposes. For purposes of this division, "commercial" shall be	12668
narrowly construed and does not include reporting or gathering	12669
news, reporting or gathering information to assist citizen	12670
oversight or understanding of the operation or activities of	12671
government, or nonprofit educational research.	12672

(8) A public office or person responsible for public records	12673
is not required to permit a person who is incarcerated pursuant to	12674
a criminal conviction or a juvenile adjudication to inspect or to	12675
obtain a copy of any public record concerning a criminal	12676
investigation or prosecution or concerning what would be a	12677
criminal investigation or prosecution if the subject of the	12678
investigation or prosecution were an adult, unless the request to	12679
inspect or to obtain a copy of the record is for the purpose of	12680
acquiring information that is subject to release as a public	12681
record under this section and the judge who imposed the sentence	12682
or made the adjudication with respect to the person, or the	12683
judge's successor in office, finds that the information sought in	12684
the public record is necessary to support what appears to be a	12685
justiciable claim of the person.	12686

(9)(a) Upon written request made and signed by a journalist	12687
on or after December 16, 1999, a public office, or person	12688
responsible for public records, having custody of the records of	12689
the agency employing a specified peace officer, parole officer,	12690
probation officer, bailiff, prosecuting attorney, assistant	12691
prosecuting attorney, correctional employee, community-based	12692
correctional facility employee, youth services employee,	12693
firefighter, EMT, or investigator of the bureau of criminal	12694
identification and investigation shall disclose to the journalist	12695
the address of the actual personal residence of the peace officer,	12696
parole officer, probation officer, bailiff, prosecuting attorney,	12697
assistant prosecuting attorney, correctional employee,	12698
community-based correctional facility employee, youth services	12699
employee, firefighter, EMT, or investigator of the bureau of	12700
criminal identification and investigation and, if the peace	12701
officer's, parole officer's, probation officer's, bailiff's,	12702
prosecuting attorney's, assistant prosecuting attorney's,	12703
correctional employee's, community-based correctional facility	12704
employee's, youth services employee's, firefighter's, EMT's, or	12705
investigator of the bureau of criminal identification and	12706
investigation's spouse, former spouse, or child is employed by a	12707
public office, the name and address of the employer of the peace	12708
officer's, parole officer's, probation officer's, bailiff's,	12709
prosecuting attorney's, assistant prosecuting attorney's,	12710
correctional employee's, community-based correctional facility	12711
employee's, youth services employee's, firefighter's, EMT's, or	12712
investigator of the bureau of criminal identification and	12713
investigation's spouse, former spouse, or child. The request shall	12714
include the journalist's name and title and the name and address	12715
of the journalist's employer and shall state that disclosure of	12716
the information sought would be in the public interest.	12717

(b) Division (B)(9)(a) of this section also applies to	12718
journalist requests for customer information maintained by a	12719
municipally owned or operated public utility, other than social	12720
security numbers and any private financial information such as	12721
credit reports, payment methods, credit card numbers, and bank	12722
account information.	12723

(c) As used in division (B)(9) of this section, "journalist"	12724
means a person engaged in, connected with, or employed by any news	12725
medium, including a newspaper, magazine, press association, news	12726
agency, or wire service, a radio or television station, or a	12727
similar medium, for the purpose of gathering, processing,	12728
transmitting, compiling, editing, or disseminating information for	12729
the general public.	12730

(C)(1) If a person allegedly is aggrieved by the failure of a	12731
public office or the person responsible for public records to	12732
promptly prepare a public record and to make it available to the	12733
person for inspection in accordance with division (B) of this	12734
section or by any other failure of a public office or the person	12735
responsible for public records to comply with an obligation in	12736
accordance with division (B) of this section, the person allegedly	12737
aggrieved may commence a mandamus action to obtain a judgment that	12738
orders the public office or the person responsible for the public	12739
record to comply with division (B) of this section, that awards	12740
court costs and reasonable attorney's fees to the person that	12741
instituted the mandamus action, and, if applicable, that includes	12742
an order fixing statutory damages under division (C)(1) of this	12743
section. The mandamus action may be commenced in the court of	12744
common pleas of the county in which division (B) of this section	12745
allegedly was not complied with, in the supreme court pursuant to	12746
its original jurisdiction under Section 2 of Article IV, Ohio	12747
Constitution, or in the court of appeals for the appellate	12748
district in which division (B) of this section allegedly was not	12749
complied with pursuant to its original jurisdiction under Section	12750
3 of Article IV, Ohio Constitution.	12751

If a requestor transmits a written request by hand delivery	12752
or certified mail to inspect or receive copies of any public	12753
record in a manner that fairly describes the public record or	12754
class of public records to the public office or person responsible	12755
for the requested public records, except as otherwise provided in	12756
this section, the requestor shall be entitled to recover the	12757
amount of statutory damages set forth in this division if a court	12758
determines that the public office or the person responsible for	12759
public records failed to comply with an obligation in accordance	12760
with division (B) of this section.	12761

The amount of statutory damages shall be fixed at one hundred	12762
dollars for each business day during which the public office or	12763
person responsible for the requested public records failed to	12764
comply with an obligation in accordance with division (B) of this	12765
section, beginning with the day on which the requester files a	12766
mandamus action to recover statutory damages, up to a maximum of	12767
one thousand dollars. The award of statutory damages shall not be	12768
construed as a penalty, but as compensation for injury arising	12769
from lost use of the requested information. The existence of this	12770
injury shall be conclusively presumed. The award of statutory	12771
damages shall be in addition to all other remedies authorized by	12772
this section.	12773

The court may reduce an award of statutory damages or not	12774
award statutory damages if the court determines both of the	12775
following:	12776

(a) That, based on the ordinary application of statutory law	12777
and case law as it existed at the time of the conduct or	12778
threatened conduct of the public office or person responsible for	12779
the requested public records that allegedly constitutes a failure	12780
to comply with an obligation in accordance with division (B) of	12781
this section and that was the basis of the mandamus action, a	12782
well-informed public office or person responsible for the	12783
requested public records reasonably would believe that the conduct	12784
or threatened conduct of the public office or person responsible	12785
for the requested public records did not constitute a failure to	12786
comply with an obligation in accordance with division (B) of this	12787
section;	12788

(b) That a well-informed public office or person responsible	12789
for the requested public records reasonably would believe that the	12790
conduct or threatened conduct of the public office or person	12791
responsible for the requested public records would serve the	12792
public policy that underlies the authority that is asserted as	12793
permitting that conduct or threatened conduct.	12794

(2)(a) If the court issues a writ of mandamus that orders the	12795
public office or the person responsible for the public record to	12796
comply with division (B) of this section and determines that the	12797
circumstances described in division (C)(1) of this section exist,	12798
the court shall determine and award to the relator all court	12799
costs.	12800

(b) If the court renders a judgment that orders the public	12801
office or the person responsible for the public record to comply	12802
with division (B) of this section, the court may award reasonable	12803
attorney's fees subject to reduction as described in division	12804
(C)(2)(c) of this section. The court shall award reasonable	12805
attorney's fees, subject to reduction as described in division	12806
(C)(2)(c) of this section when either of the following applies:	12807

(i) The public office or the person responsible for the	12808
public records failed to respond affirmatively or negatively to	12809
the public records request in accordance with the time allowed	12810
under division (B) of this section.	12811

(ii) The public office or the person responsible for the	12812
public records promised to permit the relator to inspect or	12813
receive copies of the public records requested within a specified	12814
period of time but failed to fulfill that promise within that	12815
specified period of time.	12816

(c) Court costs and reasonable attorney's fees awarded under	12817
this section shall be construed as remedial and not punitive.	12818
Reasonable attorney's fees shall include reasonable fees incurred	12819
to produce proof of the reasonableness and amount of the fees and	12820
to otherwise litigate entitlement to the fees. The court may	12821
reduce an award of attorney's fees to the relator or not award	12822
attorney's fees to the relator if the court determines both of the	12823
following:	12824

(i) That, based on the ordinary application of statutory law	12825
and case law as it existed at the time of the conduct or	12826
threatened conduct of the public office or person responsible for	12827
the requested public records that allegedly constitutes a failure	12828
to comply with an obligation in accordance with division (B) of	12829
this section and that was the basis of the mandamus action, a	12830
well-informed public office or person responsible for the	12831
requested public records reasonably would believe that the conduct	12832
or threatened conduct of the public office or person responsible	12833
for the requested public records did not constitute a failure to	12834
comply with an obligation in accordance with division (B) of this	12835
section;	12836

(ii) That a well-informed public office or person responsible	12837
for the requested public records reasonably would believe that the	12838
conduct or threatened conduct of the public office or person	12839
responsible for the requested public records as described in	12840
division (C)(2)(c)(i) of this section would serve the public	12841
policy that underlies the authority that is asserted as permitting	12842
that conduct or threatened conduct.	12843

(D) Chapter 1347. of the Revised Code does not limit the	12844
provisions of this section.	12845

(E)(1) To ensure that all employees of public offices are	12846
appropriately educated about a public office's obligations under	12847
division (B) of this section, all elected officials or their	12848
appropriate designees shall attend training approved by the	12849
attorney general as provided in section 109.43 of the Revised	12850
Code. In addition, all public offices shall adopt a public records	12851
policy in compliance with this section for responding to public	12852
records requests. In adopting a public records policy under this	12853
division, a public office may obtain guidance from the model	12854
public records policy developed and provided to the public office	12855
by the attorney general under section 109.43 of the Revised Code.	12856
Except as otherwise provided in this section, the policy may not	12857
limit the number of public records that the public office will	12858
make available to a single person, may not limit the number of	12859
public records that it will make available during a fixed period	12860
of time, and may not establish a fixed period of time before it	12861
will respond to a request for inspection or copying of public	12862
records, unless that period is less than eight hours.	12863

(2) The public office shall distribute the public records	12864
policy adopted by the public office under division (E)(1) of this	12865
section to the employee of the public office who is the records	12866
custodian or records manager or otherwise has custody of the	12867
records of that office. The public office shall require that	12868
employee to acknowledge receipt of the copy of the public records	12869
policy. The public office shall create a poster that describes its	12870
public records policy and shall post the poster in a conspicuous	12871
place in the public office and in all locations where the public	12872
office has branch offices. The public office may post its public	12873
records policy on the internet web site of the public office if	12874
the public office maintains an internet web site. A public office	12875
that has established a manual or handbook of its general policies	12876
and procedures for all employees of the public office shall	12877
include the public records policy of the public office in the	12878
manual or handbook.	12879

(F)(1) The bureau of motor vehicles may adopt rules pursuant	12880
to Chapter 119. of the Revised Code to reasonably limit the number	12881
of bulk commercial special extraction requests made by a person	12882
for the same records or for updated records during a calendar	12883
year. The rules may include provisions for charges to be made for	12884
bulk commercial special extraction requests for the actual cost of	12885
the bureau, plus special extraction costs, plus ten per cent. The	12886
bureau may charge for expenses for redacting information, the	12887
release of which is prohibited by law.	12888

(2) As used in division (F)(1) of this section:

12889

(a) "Actual cost" means the cost of depleted supplies,	12890
records storage media costs, actual mailing and alternative	12891
delivery costs, or other transmitting costs, and any direct	12892
equipment operating and maintenance costs, including actual costs	12893
paid to private contractors for copying services.	12894

(b) "Bulk commercial special extraction request" means a	12895
request for copies of a record for information in a format other	12896
than the format already available, or information that cannot be	12897
extracted without examination of all items in a records series,	12898
class of records, or ~~data base~~database by a person who intends to	12899
use or forward the copies for surveys, marketing, solicitation, or	12900
resale for commercial purposes. "Bulk commercial special	12901
extraction request" does not include a request by a person who	12902
gives assurance to the bureau that the person making the request	12903
does not intend to use or forward the requested copies for	12904
surveys, marketing, solicitation, or resale for commercial	12905
purposes.	12906

(c) "Commercial" means profit-seeking production, buying, or	12907
selling of any good, service, or other product.	12908

(d) "Special extraction costs" means the cost of the time	12909
spent by the lowest paid employee competent to perform the task,	12910
the actual amount paid to outside private contractors employed by	12911
the bureau, or the actual cost incurred to create computer	12912
programs to make the special extraction. "Special extraction	12913
costs" include any charges paid to a public agency for computer or	12914
records services.	12915

(3) For purposes of divisions (F)(1) and (2) of this section,	12916
"surveys, marketing, solicitation, or resale for commercial	12917
purposes" shall be narrowly construed and does not include	12918
reporting or gathering news, reporting or gathering information to	12919
assist citizen oversight or understanding of the operation or	12920
activities of government, or nonprofit educational research.	12921

Sec. 149.60. (A) There is the local government information	12922
exchange grant program in the department of administrative	12923
services. The program shall be administered by the director of	12924
administrative services. The director shall adopt rules under	12925
Chapter 119. of the Revised Code as are necessary to administer	12926
the program. The rules shall include all of the following:	12927

(1) Grant eligibility criteria;

12928

(2) A requirement that exchange-related electronic data be	12929
posted on the internet in an open format in such a manner that the	12930
data is searchable and downloadable through the internet by the	12931
public;	12932

(3) Specifications for consistent formatting of, and	12933
specifications for accounting and technology standards for,	12934
information provided by participating local governments for	12935
inclusion in the exchange; and	12936

(4) Specifications for data that must be included by	12937
participating local governments in the information they provide,	12938
which must include budgetary data, revenues, expenditures,	12939
staffing information, and employee compensation.	12940

(B) The director shall disburse a grant of ten thousand	12941
dollars to each local government that meets the grant eligibility	12942
criteria established by the director. Grants shall be awarded to	12943
local governments in the order in which the local governments have	12944
met the grant eligibility criteria. The total amount of grants	12945
awarded shall not exceed the amount that can be funded with	12946
appropriations made by the general assembly for this purpose.	12947

(C) Not later than July 1, 2014, the director shall prepare	12948
and issue to members of the general assembly a demonstration	12949
report that does all of the following:	12950

(1) Demonstrates how the information exchange may provide	12951
local governments with insights regarding efficiency and	12952
productivity;	12953

(2) Demonstrates how the information exchange may help local	12954
governments improve services to vulnerable populations by	12955
providing insights regarding programs that benefit the poor,	12956
including general welfare support programs; and	12957

(3) Demonstrates how information exchange data may create	12958
opportunities for private sector and research institutions to	12959
provide value-added products or services that may be	12960
commercialized or create jobs, and thereby contribute to the state	12961
economy.	12962

Sec. 149.63. A public office that posts a public record on	12963
its web site, or on a public web site maintained by the state,	12964
shall post the record in such a way that the public record, or the	12965
data contained in the public record, is capable of being searched	12966
and downloaded by the public, and is in a format that is machine	12967
readable.	12968

This section does not apply to public records that were	12969
posted on a public web site prior to the effective date of this	12970
section.	12971

Sec. 151.11. (A) As used in this section:

12972

(1) "Costs of sites and facilities" includes related direct	12973
administrative expenses and allocable portions of the direct costs	12974
of those projects. "Costs of sites and facilities" includes	12975
"allowable costs" as defined in section 122.085 of the Revised	12976
Code.	12977

(2) "Obligations" means obligations as defined in section	12978
151.01 of the Revised Code issued to pay costs of sites and	12979
facilities in Ohio for and in support of industry, commerce,	12980
distribution, and research and development purposes as referred to	12981
in division (A)(3) of Section 2p of Article VIII, Ohio	12982
Constitution.	12983

(B) The issuing authority shall issue general obligations of	12984
the state to pay costs of sites and facilities pursuant to	12985
division (B)(3) of Section 2p of Article VIII, Ohio Constitution,	12986
section 151.01 of the Revised Code, and this section. The issuing	12987
authority shall issue obligations in the amount determined by the	12988
issuing authority to be required for those purposes. The total	12989
principal amount of obligations issued under this section shall	12990
not exceed one hundred fifty million dollars.	12991

(C) Net proceeds of obligations shall be deposited into the	12992
job ready site development fund created by section 122.0820 of the	12993
Revised Code.	12994

(D) There is hereby created in the state treasury the job	12995
ready site development bond service fund. All moneys received by	12996
the state and required by the bond proceedings, consistent with	12997
section 151.01 of the Revised Code and this section, to be	12998
deposited, transferred, or credited to the bond service fund, and	12999
all other moneys transferred or allocated to or received for the	13000
purposes of that fund, shall be deposited and credited to the bond	13001
service fund, subject to any applicable provisions of the bond	13002
proceedings, but without necessity for any act of appropriation.	13003
During the period beginning with the date of the first issuance of	13004
obligations and continuing during the time that any obligations	13005
are outstanding in accordance with their terms, so long as moneys	13006
in the bond service fund are insufficient to pay debt service when	13007
due on those obligations payable from that fund, except the	13008
principal amounts of bond anticipation notes payable from the	13009
proceeds of renewal notes or bonds anticipated, and due in the	13010
particular fiscal year, a sufficient amount of revenues of the	13011
state is committed and, without necessity for further act of	13012
appropriation, shall be paid to the bond service fund for the	13013
purpose of paying that debt service when due. All investment	13014
earnings on the cash balance in the fund shall be credited to the	13015
fund.	13016

Sec. 151.50. (A) There is hereby created in the state	13017
treasury the clean Ohio distribution fund. The fund shall consist	13018
of money credited to it under section 1509.73 of the Revised Code.	13019

(B) Not later than the fifth day of October each year, the	13020
director of budget and management shall determine the balance of	13021
the fund. If the balance of the fund is twenty-five million	13022
dollars or more, the director shall transfer the total balance of	13023
the fund as follows:	13024

(1) Seventy-five per cent of the money shall be credited to	13025
the clean Ohio conservation fund created in section 164.27 of the	13026
Revised Code.	13027

(2) Twelve and one-half per cent of the money shall be	13028
credited to the clean Ohio agricultural easement fund created in	13029
section 901.21 of the Revised Code.	13030

(3) Twelve and one-half per cent of the money shall be	13031
credited to the clean Ohio trail fund created in section 1519.05	13032
of the Revised Code.	13033

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	13034
152.33 of the Revised Code:	13035

(1) "Obligations" means bonds, notes, or other evidences of	13036
obligation, including interest coupons pertaining thereto, issued	13037
pursuant to sections 152.09 to 152.33 of the Revised Code.	13038

(2) "State agencies" means the state of Ohio and branches,	13039
officers, boards, commissions, authorities, departments,	13040
divisions, courts, general assembly, or other units or agencies of	13041
the state. "State agency" also includes counties, municipal	13042
corporations, and governmental entities of this state that enter	13043
into leases with the Ohio building authority pursuant to section	13044
152.31 of the Revised Code or that are designated by law as state	13045
agencies for the purpose of performing a state function that is to	13046
be housed by a capital facility for which the Ohio building	13047
authority is authorized to issue revenue obligations pursuant to	13048
sections 152.09 to 152.33 of the Revised Code.	13049

(3) "Bond service charges" means principal, including	13050
mandatory sinking fund requirements for retirement of obligations,	13051
and interest, and redemption premium, if any, required to be paid	13052
by the Ohio building authority on obligations.	13053

(4) "Capital facilities" means buildings, structures, and	13054
other improvements, and equipment, real estate, and interests in	13055
real estate therefor, within the state, and any one, part of, or	13056
combination of the foregoing, for housing of branches and agencies	13057
of state government, including capital facilities for the purpose	13058
of housing personnel, equipment, or functions, or any combination	13059
thereof that the state agencies are responsible for housing, for	13060
which the Ohio building authority is authorized to issue	13061
obligations pursuant to Chapter 152. of the Revised Code, and	13062
includes storage and parking facilities related to such capital	13063
facilities. For purposes of sections 152.10 to 152.15 of the	13064
Revised Code, "capital facilities" includes community or technical	13065
college capital facilities.	13066

(5) "Cost of capital facilities" means the costs of	13067
assessing, planning, acquiring, constructing, reconstructing,	13068
rehabilitating, remodeling, renovating, enlarging, improving,	13069
altering, maintaining, equipping, furnishing, repairing, painting,	13070
decorating, managing, or operating capital facilities, and the	13071
financing thereof, including the cost of clearance and preparation	13072
of the site and of any land to be used in connection with capital	13073
facilities, the cost of participating in capital facilities	13074
pursuant to section 152.33 of the Revised Code, the cost of any	13075
indemnity and surety bonds and premiums on insurance, all related	13076
direct administrative expenses and allocable portions of direct	13077
costs of the authority and lessee state agencies, cost of	13078
engineering and architectural services, designs, plans,	13079
specifications, surveys, and estimates of cost, legal fees, fees	13080
and expenses of trustees, depositories, and paying agents for the	13081
obligations, cost of issuance of the obligations and financing	13082
charges and fees and expenses of financial advisers and	13083
consultants in connection therewith, interest on obligations from	13084
the date thereof to the time when interest is to be covered from	13085
sources other than proceeds of obligations, amounts that represent	13086
the portion of investment earnings to be rebated or to be paid to	13087
the federal government in order to maintain the exclusion from	13088
gross income for federal income tax purposes of interest on those	13089
obligations pursuant to section 148(f) of the Internal Revenue	13090
Code, amounts necessary to establish reserves as required by the	13091
resolutions or the obligations, trust agreements, or indentures,	13092
costs of audits, the reimbursement of all moneys advanced or	13093
applied by or borrowed from any governmental entity, whether to or	13094
by the authority or others, from whatever source provided, for the	13095
payment of any item or items of cost of the capital facilities,	13096
any share of the cost undertaken by the authority pursuant to	13097
arrangements made with governmental entities under division (J) of	13098
section 152.21 of the Revised Code, and all other expenses	13099
necessary or incident to assessing, planning, or determining the	13100
feasibility or practicability with respect to capital facilities,	13101
and such other expenses as may be necessary or incident to the	13102
assessment, planning, acquisition, construction, reconstruction,	13103
rehabilitation, remodeling, renovation, enlargement, improvement,	13104
alteration, maintenance, equipment, furnishing, repair, painting,	13105
decoration, management, or operation of capital facilities, the	13106
financing thereof and the placing of the same in use and	13107
operation, including any one, part of, or combination of such	13108
classes of costs and expenses.	13109

(6) "Governmental entity" means any state agency, municipal	13110
corporation, county, township, school district, and any other	13111
political subdivision or special district in this state	13112
established pursuant to law, and, except where otherwise	13113
indicated, also means the United States or any of the states or	13114
any department, division, or agency thereof, and any agency,	13115
commission, or authority established pursuant to an interstate	13116
compact or agreement.	13117

(7) "Governing body" means:

13118

(a) In the case of a county, the board of county	13119
commissioners or other legislative authority; in the case of a	13120
municipal corporation, the legislative authority; in the case of a	13121
township, the board of township trustees; in the case of a school	13122
district, the board of education;	13123

(b) In the case of any other governmental entity, the	13124
officer, board, commission, authority, or other body having the	13125
general management of the entity or having jurisdiction or	13126
authority in the particular circumstances.	13127

(8) "Available receipts" means fees, charges, revenues,	13128
grants, subsidies, income from the investment of moneys, proceeds	13129
from the sale of goods or services, and all other revenues or	13130
receipts received by or on behalf of any state agency for which	13131
capital facilities are financed with obligations issued under	13132
Chapter 152. of the Revised Code, any state agency participating	13133
in capital facilities pursuant to section 152.33 of the Revised	13134
Code, or any state agency by which the capital facilities are	13135
constructed or financed; revenues or receipts derived by the	13136
authority from the operation, leasing, or other disposition of	13137
capital facilities, and the proceeds of obligations issued under	13138
Chapter 152. of the Revised Code; and also any moneys appropriated	13139
by a governmental entity, gifts, grants, donations, and pledges,	13140
and receipts therefrom, available for the payment of bond service	13141
charges on such obligations.	13142

(9) "Available community or technical college receipts" means	13143
all money received by a community or technical college or	13144
community or technical college district, including income,	13145
revenues, and receipts from the operation, ownership, or control	13146
of facilities, grants, gifts, donations, and pledges and receipts	13147
therefrom, receipts from fees and charges, the allocated state	13148
share of instruction as defined in section ~~3333.90~~3333.59 of the	13149
Revised Code, and the proceeds of the sale of obligations,	13150
including proceeds of obligations issued to refund obligations	13151
previously issued, but excluding any special fee, and receipts	13152
therefrom, charged pursuant to division (D) of section 154.21 of	13153
the Revised Code.	13154

(10) "Community or technical college," "college," "community	13155
or technical college district," and "district" have the same	13156
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	13157

(11) "Community or technical college capital facilities"	13158
means auxiliary facilities, education facilities, and housing and	13159
dining facilities, as those terms are defined in section 3345.12	13160
of the Revised Code, to the extent permitted to be financed by the	13161
issuance of obligations under division (A)(2) of section 3357.112	13162
of the Revised Code, that are authorized by sections 3354.121,	13163
3357.112, and 3358.10 of the Revised Code to be financed by	13164
obligations issued by a community or technical college district,	13165
and for which the Ohio building authority is authorized to issue	13166
obligations pursuant to Chapter 152. of the Revised Code, and	13167
includes any one, part of, or any combination of the foregoing,	13168
and further includes site improvements, utilities, machinery,	13169
furnishings, and any separate or connected buildings, structures,	13170
improvements, sites, open space and green space areas, utilities,	13171
or equipment to be used in, or in connection with the operation or	13172
maintenance of, or supplementing or otherwise related to the	13173
services or facilities to be provided by, such facilities.	13174

(12) "Cost of community or technical college capital	13175
facilities" means the costs of acquiring, constructing,	13176
reconstructing, rehabilitating, remodeling, renovating, enlarging,	13177
improving, equipping, or furnishing community or technical college	13178
capital facilities, and the financing thereof, including the cost	13179
of clearance and preparation of the site and of any land to be	13180
used in connection with community or technical college capital	13181
facilities, the cost of any indemnity and surety bonds and	13182
premiums on insurance, all related direct administrative expenses	13183
and allocable portions of direct costs of the authority, community	13184
or technical college or community or technical college district,	13185
cost of engineering, architectural services, design, plans,	13186
specifications and surveys, estimates of cost, legal fees, fees	13187
and expenses of trustees, depositories, bond registrars, and	13188
paying agents for the obligations, cost of issuance of the	13189
obligations and financing costs and fees and expenses of financial	13190
advisers and consultants in connection therewith, interest on the	13191
obligations from the date thereof to the time when interest is to	13192
be covered by available receipts or other sources other than	13193
proceeds of the obligations, amounts that represent the portion of	13194
investment earnings to be rebated or to be paid to the federal	13195
government in order to maintain the exclusion from gross income	13196
for federal income tax purposes of interest on those obligations	13197
pursuant to section 148(f) of the Internal Revenue Code, amounts	13198
necessary to establish reserves as required by the bond	13199
proceedings, costs of audits, the reimbursements of all moneys	13200
advanced or applied by or borrowed from the community or technical	13201
college, community or technical college district, or others, from	13202
whatever source provided, including any temporary advances from	13203
state appropriations, for the payment of any item or items of cost	13204
of community or technical college facilities, and all other	13205
expenses necessary or incident to planning or determining	13206
feasibility or practicability with respect to such facilities, and	13207
such other expenses as may be necessary or incident to the	13208
acquisition, construction, reconstruction, rehabilitation,	13209
remodeling, renovation, enlargement, improvement, equipment, and	13210
furnishing of community or technical college capital facilities,	13211
the financing thereof and the placing of them in use and	13212
operation, including any one, part of, or combination of such	13213
classes of costs and expenses.	13214

(B) Pursuant to the powers granted to the general assembly	13215
under Section 2i of Article VIII, Ohio Constitution, to authorize	13216
the issuance of revenue obligations and other obligations, the	13217
owners or holders of which are not given the right to have excises	13218
or taxes levied by the general assembly for the payment of	13219
principal thereof or interest thereon, the Ohio building authority	13220
may issue obligations, in accordance with Chapter 152. of the	13221
Revised Code, and shall cause the net proceeds thereof, after any	13222
deposits of accrued interest for the payment of bond service	13223
charges and after any deposit of all or such lesser portion as the	13224
authority may direct of the premium received upon the sale of	13225
those obligations for the payment of the bond service charges, to	13226
be applied to the costs of capital facilities designated by or	13227
pursuant to act of the general assembly for housing state agencies	13228
as authorized by Chapter 152. of the Revised Code. The authority	13229
shall provide by resolution for the issuance of such obligations.	13230
The bond service charges and all other payments required to be	13231
made by the trust agreement or indenture securing such obligations	13232
shall be payable solely from available receipts of the authority	13233
pledged thereto as provided in such resolution. The available	13234
receipts pledged and thereafter received by the authority are	13235
immediately subject to the lien of such pledge without any	13236
physical delivery thereof or further act, and the lien of any such	13237
pledge is valid and binding against all parties having claims of	13238
any kind against the authority, irrespective of whether those	13239
parties have notice thereof, and creates a perfected security	13240
interest for all purposes of Chapter 1309. of the Revised Code and	13241
a perfected lien for purposes of any real property interest, all	13242
without the necessity for separation or delivery of funds or for	13243
the filing or recording of the resolution, trust agreement,	13244
indenture, or other agreement by which such pledge is created or	13245
any certificate, statement, or other document with respect	13246
thereto; and the pledge of such available receipts is effective	13247
and the money therefrom and thereof may be applied to the purposes	13248
for which pledged. Every pledge, and every covenant and agreement	13249
made with respect to the pledge, made in the resolution may	13250
therein be extended to the benefit of the owners and holders of	13251
obligations authorized by Chapter 152. of the Revised Code, the	13252
net proceeds of which are to be applied to the costs of capital	13253
facilities, and to any trustee therefor, for the further securing	13254
of the payment of the bond service charges, and all or any rights	13255
under any agreement or lease made under this section may be	13256
assigned for such purpose. Obligations may be issued at one time	13257
or from time to time, and each issue shall be dated, shall mature	13258
at such time or times as determined by the authority not exceeding	13259
forty years from the date of issue, and may be redeemable before	13260
maturity at the option of the authority at such price or prices	13261
and under such terms and conditions as are fixed by the authority	13262
prior to the issuance of the obligations. The authority shall	13263
determine the form of the obligations, fix their denominations,	13264
establish their interest rate or rates, which may be a variable	13265
rate or rates, or the maximum interest rate, and establish within	13266
or without this state a place or places of payment of bond service	13267
charges.	13268

(C) The obligations shall be signed by the authority	13269
chairperson, vice-chairperson, and secretary-treasurer, and the	13270
authority seal shall be affixed. The signatures may be facsimile	13271
signatures and the seal affixed may be a facsimile seal, as	13272
provided by resolution of the authority. Any coupons attached may	13273
bear the facsimile signature of the chairperson. In case any	13274
officer who has signed any obligations, or caused the officer's	13275
facsimile signature to be affixed thereto, ceases to be such	13276
officer before such obligations have been delivered, such	13277
obligations may, nevertheless, be issued and delivered as though	13278
the person who had signed the obligations or caused the person's	13279
facsimile signature to be affixed thereto had not ceased to be	13280
such officer.	13281

Any obligations may be executed on behalf of the authority by	13282
an officer who, on the date of execution, is the proper officer	13283
although on the date of such obligations such person was not the	13284
proper officer.	13285

(D) All obligations issued by the authority shall have all	13286
the qualities and incidents of negotiable instruments and may be	13287
issued in coupon or in registered form, or both, as the authority	13288
determines. Provision may be made for the registration of any	13289
obligations with coupons attached thereto as to principal alone or	13290
as to both principal and interest, their exchange for obligations	13291
so registered, and for the conversion or reconversion into	13292
obligations with coupons attached thereto of any obligations	13293
registered as to both principal and interest, and for reasonable	13294
charges for such registration, exchange, conversion, and	13295
reconversion. The authority may sell its obligations in any manner	13296
and for such prices as it determines, except that the authority	13297
shall sell obligations sold at public or private sale in	13298
accordance with section 152.091 of the Revised Code.	13299

(E) The obligations of the authority, principal, interest,	13300
and any proceeds from their sale or transfer, are exempt from all	13301
taxation within this state.	13302

(F) The authority is authorized to issue revenue obligations	13303
and other obligations under Section 2i of Article VIII, Ohio	13304
Constitution, for the purpose of paying the cost of capital	13305
facilities for housing of branches and agencies of state	13306
government, including capital facilities for the purpose of	13307
housing personnel, equipment, or functions, or any combination	13308
thereof that the state agencies are responsible for housing, as	13309
are authorized by Chapter 152. of the Revised Code, and that are	13310
authorized by the general assembly by the appropriation of lease	13311
payments or other moneys for such capital facilities or by any	13312
other act of the general assembly, but not including the	13313
appropriation of moneys for feasibility studies for such capital	13314
facilities. This division does not authorize the authority to	13315
issue obligations pursuant to Section 2i of Article VIII, Ohio	13316
Constitution, to pay the cost of capital facilities for mental	13317
hygiene and retardation, parks and recreation, or state-supported	13318
or state-assisted institutions of higher education.	13319

(G) The authority is authorized to issue revenue obligations	13320
under Section 2i of Article VIII, Ohio Constitution, on behalf of	13321
a community or technical college district and shall cause the net	13322
proceeds thereof, after any deposits of accrued interest for the	13323
payment of bond service charges and after any deposit of all or	13324
such lesser portion as the authority may direct of the premium	13325
received upon the sale of those obligations for the payment of the	13326
bond service charges, to be applied to the cost of community or	13327
technical college capital facilities, provided that the issuance	13328
of such obligations is subject to the execution of a written	13329
agreement in accordance with division (C) of section ~~3333.90~~	13330
3333.59 of the Revised Code for the withholding and depositing of	13331
funds otherwise due the district, or the college it operates, in	13332
respect of its allocated state share of instruction.	13333

The authority shall provide by resolution for the issuance of	13334
such obligations. The bond service charges and all other payments	13335
required to be made by the trust agreement or indenture securing	13336
the obligations shall be payable solely from available community	13337
or technical college receipts pledged thereto as provided in the	13338
resolution. The available community or technical college receipts	13339
pledged and thereafter received by the authority are immediately	13340
subject to the lien of such pledge without any physical delivery	13341
thereof or further act, and the lien of any such pledge is valid	13342
and binding against all parties having claims of any kind against	13343
the authority, irrespective of whether those parties have notice	13344
thereof, and creates a perfected security interest for all	13345
purposes of Chapter 1309. of the Revised Code and a perfected lien	13346
for purposes of any real property interest, all without the	13347
necessity for separation or delivery of funds or for the filing or	13348
recording of the resolution, trust agreement, indenture, or other	13349
agreement by which such pledge is created or any certificate,	13350
statement, or other document with respect thereto; and the pledge	13351
of such available community or technical college receipts is	13352
effective and the money therefrom and thereof may be applied to	13353
the purposes for which pledged. Every pledge, and every covenant	13354
and agreement made with respect to the pledge, made in the	13355
resolution may therein be extended to the benefit of the owners	13356
and holders of obligations authorized by this division, and to any	13357
trustee therefor, for the further securing of the payment of the	13358
bond service charges, and all or any rights under any agreement or	13359
lease made under this section may be assigned for such purpose.	13360
Obligations may be issued at one time or from time to time, and	13361
each issue shall be dated, shall mature at such time or times as	13362
determined by the authority not exceeding forty years from the	13363
date of issue, and may be redeemable before maturity at the option	13364
of the authority at such price or prices and under such terms and	13365
conditions as are fixed by the authority prior to the issuance of	13366
the obligations. The authority shall determine the form of the	13367
obligations, fix their denominations, establish their interest	13368
rate or rates, which may be a variable rate or rates, or the	13369
maximum interest rate, and establish within or without this state	13370
a place or places of payment of bond service charges.	13371

Sec. 153.692. For every design-build contract, the public	13372
authority planning to contract for design-build services shall	13373
first obtain the services of a criteria architect or engineer by	13374
doing either of the following:	13375

(A) Contracting for the services consistent with sections	13376
153.65 to 153.70 of the Revised Code;	13377

(B) Obtaining the services through an architect or engineer	13378
who is an employee of the public authority and notifying the	13379
~~department of administrative services~~Ohio facilities construction	13380
commission before the services are performed.	13381

Sec. 154.01. As used in this chapter:

13382

(A) "Commission" means the Ohio public facilities commission	13383
created in section 151.02 of the Revised Code.	13384

(B) "Obligations" means bonds, notes, or other evidences of	13385
obligation, including interest coupons pertaining thereto, issued	13386
pursuant to Chapter 154. of the Revised Code.	13387

(C) "Bond proceedings" means the order or orders, resolution	13388
or resolutions, trust agreement, indenture, lease, and other	13389
agreements, amendments and supplements to the foregoing, or any	13390
combination thereof, authorizing or providing for the terms and	13391
conditions applicable to, or providing for the security of,	13392
obligations issued pursuant to Chapter 154. of the Revised Code,	13393
and the provisions contained in such obligations.	13394

(D) "State agencies" means the state of Ohio and officers,	13395
boards, commissions, departments, divisions, or other units or	13396
agencies of the state.	13397

(E) "Governmental agency" means state agencies, state	13398
supported and assisted institutions of higher education, municipal	13399
corporations, counties, townships, school districts, and any other	13400
political subdivision or special district in this state	13401
established pursuant to law, and, except where otherwise	13402
indicated, also means the United States or any department,	13403
division, or agency thereof, and any agency, commission, or	13404
authority established pursuant to an interstate compact or	13405
agreement.	13406

(F) "Institutions of higher education" and "state supported	13407
or state assisted institutions of higher education" means the	13408
state universities identified in section 3345.011 of the Revised	13409
Code, the northeast Ohio medical university, state universities or	13410
colleges at any time created, community college districts,	13411
university branch districts, and technical college districts at	13412
any time established or operating under Chapter 3354., 3355., or	13413
3357. of the Revised Code, and other institutions for education,	13414
including technical education, beyond the high school, receiving	13415
state support or assistance for their expenses of operation.	13416

(G) "Governing body" means:

13417

(1) In the case of institutions of higher education, the	13418
board of trustees, board of directors, commission, or other body	13419
vested by law with the general management, conduct, and control of	13420
one or more institutions of higher education;	13421

(2) In the case of a county, the board of county	13422
commissioners or other legislative body; in the case of a	13423
municipal corporation, the council or other legislative body; in	13424
the case of a township, the board of township trustees; in the	13425
case of a school district, the board of education;	13426

(3) In the case of any other governmental agency, the	13427
officer, board, commission, authority or other body having the	13428
general management thereof or having jurisdiction or authority in	13429
the particular circumstances.	13430

(H) "Person" means any person, firm, partnership,	13431
association, or corporation.	13432

(I) "Bond service charges" means principal, including	13433
mandatory sinking fund requirements for retirement of obligations,	13434
and interest, and redemption premium, if any, required to be paid	13435
by the state on obligations. If not prohibited by the applicable	13436
bond proceedings, bond service charges may include costs relating	13437
to credit enhancement facilities that are related to and	13438
represent, or are intended to provide a source of payment of or	13439
limitation on, other bond service charges.	13440

(J) "Capital facilities" means buildings, structures, and	13441
other improvements, and equipment, real estate, and interests in	13442
real estate therefor, within the state, and any one, part of, or	13443
combination of the foregoing, to serve the general purposes for	13444
which the issuing authority is authorized to issue obligations	13445
pursuant to Chapter 154. of the Revised Code, including, but not	13446
limited to, drives, roadways, parking facilities, walks, lighting,	13447
machinery, furnishings, utilities, landscaping, wharves, docks,	13448
piers, reservoirs, dams, tunnels, bridges, retaining walls,	13449
riprap, culverts, ditches, channels, watercourses, retention	13450
basins, standpipes and water storage facilities, waste treatment	13451
and disposal facilities, heating, air conditioning and	13452
communications facilities, inns, lodges, cabins, camping sites,	13453
golf courses, boat and bathing facilities, athletic and	13454
recreational facilities, and site improvements.	13455

(K) "Costs of capital facilities" means the costs of	13456
acquiring, constructing, reconstructing, rehabilitating,	13457
remodeling, renovating, enlarging, improving, equipping, or	13458
furnishing capital facilities, and the financing thereof,	13459
including the cost of clearance and preparation of the site and of	13460
any land to be used in connection with capital facilities, the	13461
cost of any indemnity and surety bonds and premiums on insurance,	13462
all related direct administrative expenses and allocable portions	13463
of direct costs of the commission or issuing authority and	13464
department of administrative services, or other designees of the	13465
commission under section 154.17 of the Revised Code, cost of	13466
engineering and architectural services, designs, plans,	13467
specifications, surveys, and estimates of cost, legal fees, fees	13468
and expenses of trustees, depositories, and paying agents for the	13469
obligations, cost of issuance of the obligations and financing	13470
charges and fees and expenses of financial advisers and	13471
consultants in connection therewith, interest on obligations,	13472
including but not limited to, interest from the date of their	13473
issuance to the time when interest is to be covered from sources	13474
other than proceeds of obligations, amounts necessary to establish	13475
reserves as required by the bond proceedings, costs of audits, the	13476
reimbursement of all moneys advanced or applied by or borrowed	13477
from any governmental agency, whether to or by the commission or	13478
others, from whatever source provided, for the payment of any item	13479
or items of cost of the capital facilities, any share of the cost	13480
undertaken by the commission pursuant to arrangements made with	13481
governmental agencies under division (H) of section 154.06 of the	13482
Revised Code, and all other expenses necessary or incident to	13483
planning or determining feasibility or practicability with respect	13484
to capital facilities, and such other expenses as may be necessary	13485
or incident to the acquisition, construction, reconstruction,	13486
rehabilitation, remodeling, renovation, enlargement, improvement,	13487
equipment, and furnishing of capital facilities, the financing	13488
thereof and the placing of the same in use and operation,	13489
including any one, part of, or combination of such classes of	13490
costs and expenses.	13491

(L) "Public service facilities" means inns, lodges, hotels,	13492
cabins, camping sites, scenic trails, picnic sites, restaurants,	13493
commissaries, golf courses, boating and bathing facilities and	13494
other similar facilities in state parks.	13495

(M) "State parks" means:

13496

(1) State reservoirs described and identified in section	13497
1541.06 of the Revised Code;	13498

(2) All lands or interests therein of the state identified as	13499
administered by the division of parks and recreation in the	13500
"inventory of state owned lands administered by the department of	13501
natural resources as of June 1, 1963," as recorded in the journal	13502
of the director, which inventory was prepared by the real estate	13503
section of the department and is supported by maps now on file in	13504
said real estate section;	13505

(3) All lands or interests in lands of the state designated	13506
after June 1, 1963, as state parks in the journal of the director	13507
with the approval of the recreation and resources council.	13508

State parks do not include any lands or interest in lands of	13509
the state administered jointly by two or more divisions of the	13510
department of natural resources. The designation of lands as state	13511
parks under divisions (M)(1) to (3) of this section is conclusive	13512
and such lands shall be under the control of and administered by	13513
the division of parks and recreation. No order or proceeding	13514
designating lands as state parks or park purchase areas is subject	13515
to any appeal or review by any officer, board, commission, or	13516
court.	13517

(N) "Bond service fund" means the applicable fund created for	13518
and pledged to the payment of bond service charges under section	13519
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	13520
all moneys and investments, and earnings from investments,	13521
credited and to be credited thereto.	13522

(O) "Improvement fund" means the applicable fund created for	13523
the payment of costs of capital facilities under section 123.201,	13524
154.20, 154.21, or 154.22~~, or 3383.09~~ of the Revised Code,	13525
including all moneys and investments, and earnings from	13526
investments, credited and to be credited thereto.	13527

(P) "Special funds" or "funds" means, except where the	13528
context does not permit, the bond service funds, the improvements	13529
funds, and any other funds for similar or different purposes	13530
created under bond proceedings, including all moneys and	13531
investments, and earnings from investments, credited and to be	13532
credited thereto.	13533

(Q) "Year" unless the context indicates a different meaning	13534
or intent, means a calendar year beginning on the first day of	13535
January and ending on the thirty-first day of December.	13536

(R) "Fiscal year" means the period of twelve months beginning	13537
on the first day of July and ending on the thirtieth day of June.	13538

(S) "Issuing authority" means the treasurer of state or the	13539
officer or employee who by law performs the functions of that	13540
office.	13541

(T) "Credit enhancement facilities" has the same meaning as	13542
in section 133.01 of the Revised Code.	13543

(U) "Ohio cultural facility" and "Ohio sports facility" have	13544
the same meanings as in section ~~3383.01~~123.28 of the Revised	13545
Code.	13546

Sec. 154.17. The departments of administrative services,	13547
~~mental health~~mental health and addiction services, developmental	13548
disabilities, rehabilitation and correction, and natural	13549
resources, the Ohio board of regents, institutions of higher	13550
education, and other state officers and state agencies shall	13551
cooperate with the commission in providing services and	13552
information requested by the commission for purposes of Chapter	13553
154. of the Revised Code, and the commission may make mutually	13554
satisfactory arrangements therefor and may thereunder designate	13555
any governmental agency for the management or performance of	13556
particular functions of the commission, other than the	13557
authorization and issuance of obligations provided for in Chapter	13558
154. of the Revised Code, pursuant to which designation, upon	13559
acceptance thereof by that governmental agency, that function may	13560
be carried out with the full force and effect as if performed by	13561
the commission. Any such designation shall be made only by formal	13562
action or written agreement of the commission. In the management	13563
of capital facilities or performance of other functions with	13564
respect thereto, a governmental agency may exercise all powers	13565
which it has under law with respect to other similar facilities	13566
under its jurisdiction.	13567

Contracts relating to capital facilities shall be made in	13568
accordance with the law pertaining to the governmental agency	13569
designated under authority of this section to perform such	13570
contracting function, and in any other case shall be made in	13571
accordance with Chapter 153. of the Revised Code, for which	13572
purpose the commission shall be considered the owner, provided	13573
that the commission may assign the function of owner to the	13574
department of administrative services or other governmental agency	13575
as it determines. The commission may acquire by assignment from	13576
any governmental agency contracts which are not completed and	13577
which involve acquiring, constructing, reconstructing,	13578
rehabilitating, remodeling, renovating, enlarging, improving,	13579
equipping, or furnishing capital facilities, provided that such	13580
governmental agency has complied with the procedures prescribed by	13581
laws for its letting of such contract.	13582

No contract shall be let or assignment thereof accepted under	13583
this section involving performance in accordance with plans and	13584
specifications until such plans and specifications have been	13585
submitted to and approved by the governmental agency to have	13586
responsibility for the management of the capital facilities	13587
provided for in such plans and specifications, which approval	13588
shall be considered to be given if no approval or disapproval is	13589
communicated in writing to the commission or its designee for such	13590
purpose within sixty days following such submission of plans and	13591
specifications. Approval by such governmental agency of changes in	13592
plans and specifications is not required if the director of	13593
administrative services or the designee of the commission for such	13594
purpose shall certify that such changes do not substantially	13595
change the location, character, or extent of such capital	13596
facilities.	13597

Sec. 154.20. (A) Subject to authorization by the general	13598
assembly under section 154.02 of the Revised Code, the issuing	13599
authority may issue obligations pursuant to this chapter to pay	13600
costs of capital facilities for mental hygiene and retardation,	13601
including housing for mental hygiene and retardation patients.	13602

(B) Any capital facilities for mental hygiene or retardation,	13603
including housing for mental hygiene and retardation patients, may	13604
be leased by the commission to the department of ~~mental health,~~	13605
mental health and addiction services or the department of	13606
developmental disabilities~~, or the department of alcohol and drug~~	13607
~~addiction services~~, and other agreements may be made by the	13608
commission and any one or more of these departments with respect	13609
to the use or purchase of such capital facilities or, subject to	13610
the approval of the director of the department, the commission may	13611
lease such capital facilities to, and make or provide for other	13612
agreements with respect to the use or purchase thereof with, any	13613
governmental agency having authority under law to operate such	13614
capital facilities, and the director of the department may	13615
sublease such capital facilities to, and make other agreements	13616
with respect to the use or purchase thereof with, any such	13617
governmental agency, which may include provisions for transmittal	13618
to the mental health bond service trust fund created under	13619
division (E) of this section, by such governmental agency or by a	13620
nonprofit corporation providing mental hygiene and retardation	13621
services for or under contract with or the supervision of that	13622
governmental agency, of receipts of that agency or nonprofit	13623
corporation from charges for the treatment or care of mental	13624
hygiene and retardation patients, all upon such terms and	13625
conditions as the parties may agree upon and pursuant to this	13626
chapter, notwithstanding any other provision of law affecting the	13627
leasing, acquisition, or disposition of capital facilities by the	13628
parties.	13629

(C) For purposes of this section, "available receipts" means	13630
all receipts of the state from charges for the treatment or care	13631
of mental hygiene and retardation patients, including support	13632
payments received under Chapter 5121. of the Revised Code and	13633
moneys required to be transmitted to the mental health bond	13634
service trust fund pursuant to subleases and other agreements	13635
between any of the departments and another governmental agency	13636
pursuant to division (B) of this section as the subleases and	13637
other agreements may be further implemented for internal planning,	13638
budgeting, and accounting purposes pursuant to rules adopted by	13639
the director of ~~mental health,~~mental health and addiction	13640
services or director of developmental disabilities~~, or director of~~	13641
~~alcohol and drug addiction services~~, any revenues or receipts	13642
derived by the commission from the operation, leasing, or other	13643
disposition of capital facilities financed under this section, the	13644
proceeds of obligations issued under this section and sections	13645
154.11 and 154.12 of the Revised Code, and also means any gifts,	13646
grants, donations, and pledges, and receipts therefrom, available	13647
for the payment of bond service charges on such obligations. The	13648
issuing authority may pledge all, or such portion as that	13649
authority determines, of the available receipts to the payment of	13650
bond service charges on obligations issued under this section and	13651
under sections 154.11 and 154.12 of the Revised Code and for the	13652
establishment and maintenance of any reserves, as provided in the	13653
bond proceedings, and make other provisions therein with respect	13654
to such available receipts as authorized by this chapter, which	13655
provisions shall be controlling notwithstanding any other	13656
provision of law pertaining thereto.	13657

(D) The issuing authority may covenant in the bond	13658
proceedings that the state and state agencies shall, so long as	13659
any obligations issued under this section are outstanding, cause	13660
to be charged and collected charges for the treatment or care of	13661
mental hygiene and retardation patients sufficient in amount to	13662
provide for the payment of bond service charges on such	13663
obligations and for the establishment and maintenance of any	13664
reserves, as provided in the bond proceedings, and such covenants	13665
shall be controlling notwithstanding any other provision of law	13666
pertaining to such charges.	13667

(E) There is hereby created the mental health bond service	13668
trust fund, which shall be in the custody of the treasurer of	13669
state but shall be separate and apart from and not a part of the	13670
state treasury. All moneys received by or on account of the	13671
commission or issuing authority or state agencies and required by	13672
the applicable bond proceedings to be deposited, transferred, or	13673
credited to the fund, and all other moneys transferred or	13674
allocated to or received for the purposes of the fund, shall be	13675
deposited with the treasurer of state and credited to such fund,	13676
subject to applicable provisions of the bond proceedings, but	13677
without necessity for any act of appropriation. The mental health	13678
bond service trust fund is a trust fund and is hereby pledged to	13679
the payment of bond service charges on the obligations issued	13680
pursuant to this section and sections 154.11 and 154.12 of the	13681
Revised Code to the extent provided in the applicable bond	13682
proceedings, and payment thereof from such fund shall be made or	13683
provided for by the treasurer of state in accordance with such	13684
bond proceedings without necessity for any act of appropriation.	13685

(F) There is hereby created in the state treasury the mental	13686
health facilities improvement fund. Subject to the bond	13687
proceedings therefor, all of the proceeds of the sale of	13688
obligations pursuant to this section shall be credited to the	13689
fund, except that any accrued interest shall be credited to the	13690
mental health bond service fund. The mental health facilities	13691
improvement fund may also be comprised of gifts, grants,	13692
appropriated moneys, and other sums and securities received to the	13693
credit of such fund. All investment earnings on the cash balance	13694
in the fund shall be credited to the fund. The fund shall be	13695
applied only to the following purposes:	13696

(1) Paying costs of capital facilities for mental hygiene and	13697
retardation, including housing for mental hygiene and retardation	13698
patients, under the jurisdiction of the department of ~~mental~~	13699
~~health,~~mental health and addiction services or department of	13700
developmental disabilities~~, or department of alcohol and drug~~	13701
~~addiction services~~;	13702

(2) Participating in capital facilities for mental hygiene	13703
and retardation, including housing for mental hygiene and	13704
retardation patients, with the federal government, municipal	13705
corporations, counties, or other governmental agencies, or a	13706
nonprofit corporation specifically chartered to provide a mental	13707
health or mental retardation service when such service fulfills a	13708
public purpose, which participation may be by grants or	13709
contributions to them for such capital facilities. Except as	13710
provided in division (G) of this section, the nonprofit	13711
corporation may act in concert with a limited partnership or a	13712
limited liability company eligible to participate in the nonprofit	13713
set-aside described in section 42(h)(5) of the "Internal Revenue	13714
Code of 1986," 100 Stat. 2198, 26 U.S.C. 42, and the Ohio housing	13715
finance agency's housing tax credit program for the purpose of	13716
making use of low-income housing tax credits in support of housing	13717
for mental hygiene and retardation patients.	13718

(G) A nonprofit corporation providing a mental retardation	13719
service must obtain written approval from the director of	13720
developmental disabilities before acting in concert with a limited	13721
partnership or limited liability company as described in division	13722
(F)(2) of this section. However, the director may issue one	13723
blanket approval for all such nonprofit corporations.	13724

(H) This section is to be applied with other applicable	13725
provisions of this chapter.	13726

Sec. 154.22. (A) Subject to authorization by the general	13727
assembly under section 154.02 of the Revised Code, the issuing	13728
authority may authorize and issue obligations pursuant to this	13729
chapter to pay costs of capital facilities for parks and	13730
recreation.	13731

(B) Any capital facilities for parks and recreation may be	13732
leased by the commission to the department of natural resources	13733
and other agreements may be made by the commission and such	13734
department with respect to the use or purchase of such capital	13735
facilities or, subject to the approval of the director of such	13736
department, the commission may lease such capital facilities to,	13737
and make other agreements with respect to their use or purchase	13738
with, any governmental agency having authority under law to	13739
operate such capital facilities, and the director of such	13740
department may sublease such capital facilities to, and make other	13741
agreements with respect to the use or purchase thereof with, any	13742
such governmental agency, or such director may sublease or	13743
contract for the operation of such capital facilities in	13744
accordance with the applicable provisions of sections 1501.09,	13745
1501.091, and 1501.10 of the Revised Code, all upon such terms and	13746
conditions as the parties may agree upon and pursuant to this	13747
chapter, notwithstanding any other provisions of law affecting the	13748
leasing, acquisition, or disposition of capital facilities by such	13749
parties.	13750

(C) For purposes of this section, "available receipts" means	13751
all receipts, including fees, charges, and rentals, derived or to	13752
be derived from state parks and public service facilities in any	13753
state park or parks, any other receipts of state agencies with	13754
respect to parks and recreational facilities, any revenues or	13755
receipts derived by the commission from the operation, leasing, or	13756
other disposition of capital facilities financed under this	13757
section, the proceeds of obligations issued under this section and	13758
sections 154.11 and 154.12 of the Revised Code, and also means any	13759
gifts, grants, donations, and pledges, and receipts thereon,	13760
available for the payment of bond service charges on obligations	13761
issued under this section. The issuing authority may pledge all,	13762
or such portion as it determines, of the available receipts to the	13763
payment of bond service charges on obligations issued under this	13764
section and sections 154.11 and 154.12 of the Revised Code and for	13765
the establishment and maintenance of any reserves, as provided in	13766
the bond proceedings, and make other provisions therein with	13767
respect to such available receipts as authorized by this chapter,	13768
which provisions shall be controlling notwithstanding any other	13769
provision of law pertaining thereto.	13770

(D) The issuing authority may covenant in the bond proceeding	13771
that the state and state agencies shall, so long as any	13772
obligations issued under this section are outstanding, cause to be	13773
charged and collected fees, charges, and rentals for the use of	13774
state parks and public service facilities and other fees and	13775
charges with respect to parks and recreation sufficient in amount	13776
to provide for the payment of bond service charges on such	13777
obligations and for the establishment and maintenance of any	13778
reserves as provided in the bond proceedings, and such covenants	13779
shall be controlling notwithstanding any other provision of law	13780
pertaining to such charges except any provision of law prohibiting	13781
or limiting charges for the use of swimming facilities of state	13782
parks and public service facilities by persons under sixteen years	13783
of age.	13784

(E) There is hereby created the parks and recreation bond	13785
service trust fund, which shall be in the custody of the treasurer	13786
of state but shall be separate and apart from and not a part of	13787
the state treasury. All moneys received by or on account of the	13788
commission or issuing authority or state agencies and required by	13789
the applicable bond proceedings to be deposited, transferred, or	13790
allocated to or received for the purposes of the trust fund shall	13791
be deposited with the treasurer of state and credited to such	13792
fund, subject to applicable provisions of the bond proceedings but	13793
without necessity for any act of appropriation. The trust fund is	13794
hereby pledged to the payment of bond service charges on the	13795
obligations issued pursuant to this section and sections 154.11	13796
and 154.12 of the Revised Code to the extent provided in the	13797
applicable bond proceedings, and payment thereof from such fund	13798
shall be made or provided for by the treasurer of state in	13799
accordance with such bond proceedings without necessity for any	13800
act of appropriation.	13801

(F) There is hereby created in the state treasury the parks	13802
and recreation improvement fund. Subject to the bond proceedings	13803
therefor, all of the proceeds of the sale of obligations issued	13804
pursuant to this section shall be credited to such fund, except	13805
that any accrued interest received shall be credited to the parks	13806
and recreation bond service trust fund. The parks and recreation	13807
improvement fund may also be comprised of gifts, grants,	13808
appropriated moneys, and other sums and securities received to the	13809
credit of such fund. Such fund shall be applied only to the	13810
purpose of paying costs of capital facilities for parks and	13811
recreation under the jurisdiction of the department of natural	13812
resources or for participation in capital facilities for parks and	13813
recreation with the federal government, municipal corporations,	13814
counties, or other governmental agencies, or any one or more of	13815
them, which participation may be by grants or contributions to	13816
them for such capital facilities. All investment earnings on the	13817
cash balance in the fund shall be credited to the fund.	13818

(G) All state parks shall be exclusively under the control	13819
and administration of the division of parks and recreation. With	13820
the approval of the recreation and resources council, the director	13821
of natural resources may by order remove from the classification	13822
as state parks any of the lands or interests therein referred to	13823
in divisions (M)(2) and (3) of section 154.01 of the Revised Code,	13824
subject to the limitations, provisions, and conditions in any	13825
order authorizing state park revenue bonds, in any trust agreement	13826
securing such bonds, or in bond proceedings with respect to	13827
obligations issued pursuant to this section. Lands or interests	13828
therein so removed shall be transferred to other divisions of the	13829
department for administration or may be sold as provided by law.	13830
Proceeds of any sale shall be used or transferred as provided in	13831
the order authorizing state park revenue bonds or in such trust	13832
agreement, or in bond proceedings with respect to obligations	13833
issued pursuant to this section, and if no such provision is made	13834
shall be transferred to the state park fund created by section	13835
1541.22 of the Revised Code.	13836

(H) This section shall be applied with other applicable	13837
provisions of this chapter.	13838

(I) Any instrument by which real property is acquired	13839
pursuant to this section shall identify the agency of the state	13840
that has the use and benefit of the real property as specified in	13841
section 5301.012 of the Revised Code.	13842

Sec. 154.23. (A) Subject to authorization by the general	13843
assembly under section 154.02 of the Revised Code, the issuing	13844
authority may issue obligations pursuant to this chapter to pay	13845
costs of capital facilities for Ohio cultural facilities and Ohio	13846
sports facilities.	13847

(B) The Ohio public facilities commission may lease any	13848
capital facilities for Ohio cultural facilities or Ohio sports	13849
facilities to, and make or provide for other agreements with	13850
respect to the use or purchase of such capital facilities with,	13851
the Ohio ~~cultural~~ facilities construction commission and, with the	13852
Ohio ~~cultural~~ facilities construction commission's approval, any	13853
governmental agency having authority under law to operate such	13854
capital facilities. ~~Any lease or agreement shall be subject to~~	13855
~~Chapter 3383. of the Revised Code.~~	13856

(C) For purposes of this section, "available receipts" means	13857
any revenues or receipts derived by the Ohio public facilities	13858
commission from the operation, leasing, or other disposition of	13859
capital facilities financed under this section, the proceeds of	13860
obligations issued under this section and section 154.11 or 154.12	13861
of the Revised Code, and also means any gifts, grants, donations,	13862
and pledges, and receipts thereon, available for the payment of	13863
bond service charges on obligations issued under this section. The	13864
issuing authority may pledge all, or such portion as it	13865
determines, of the available receipts to the payment of bond	13866
service charges on obligations issued under this section and	13867
section 154.11 or 154.12 of the Revised Code and for the	13868
establishment and maintenance of any reserves, as provided in the	13869
bond proceedings, and make other provisions therein with respect	13870
to such available receipts as authorized by this chapter, which	13871
provisions shall be controlling notwithstanding any other	13872
provision of law pertaining thereto.	13873

(D) There is hereby created one or more funds, as determined	13874
by the issuing authority in the bond proceedings, designated as	13875
the "Ohio cultural facilities ~~commission~~ bond service fund" with,	13876
if more than one such fund, such further identifying name as the	13877
issuing authority determines, which shall be in the custody of the	13878
treasurer of state but shall be separate and apart from and not a	13879
part of the state treasury. All money received by or on account of	13880
the issuing authority or the Ohio ~~cultural~~ facilities construction	13881
commission and required by the applicable bond proceedings to be	13882
deposited, transferred, or credited to the Ohio cultural	13883
facilities ~~commission~~ bond service fund, and all other money	13884
transferred or allocated to or received for the purposes of that	13885
fund shall be deposited with the treasurer of state and credited	13886
to the applicable fund, subject to applicable provisions of the	13887
bond proceedings, but without necessity of any act or	13888
appropriation. The Ohio cultural facilities ~~commission~~ bond	13889
service funds are trust funds and are hereby pledged to the	13890
payment of bond service charges on the applicable obligations	13891
issued pursuant to this section and section 154.11 or 154.12 of	13892
the Revised Code to the extent provided in the applicable bond	13893
proceedings, and payment thereof from such funds shall be made or	13894
provided for by the treasurer of state in accordance with the	13895
applicable bond proceedings without necessity for any act or	13896
appropriation.	13897

(E) This section is to be applied with other applicable	13898
provisions of this chapter.	13899

Sec. 154.25. (A) As used in this section:

13900

(1) "Available community or technical college receipts" means	13901
all money received by a community or technical college or	13902
community or technical college district, including income,	13903
revenues, and receipts from the operation, ownership, or control	13904
of facilities, grants, gifts, donations, and pledges and receipts	13905
therefrom, receipts from fees and charges, the allocated state	13906
share of instruction as defined in section ~~3333.90~~3333.59 of the	13907
Revised Code, and the proceeds of the sale of obligations,	13908
including proceeds of obligations issued to refund obligations	13909
previously issued, but excluding any special fee, and receipts	13910
therefrom, charged pursuant to division (D) of section 154.21 of	13911
the Revised Code.	13912

(2) "Community or technical college," "college," "community	13913
or technical college district," and "district" have the same	13914
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	13915

(3) "Community or technical college capital facilities" means	13916
auxiliary facilities, education facilities, and housing and dining	13917
facilities, as those terms are defined in section 3345.12 of the	13918
Revised Code, to the extent permitted to be financed by the	13919
issuance of obligations under division (A)(2) of section 3357.112	13920
of the Revised Code, that are authorized by sections 3354.121,	13921
3357.112, and 3358.10 of the Revised Code to be financed by	13922
obligations issued by a community or technical college district,	13923
and for which the issuing authority is authorized to issue	13924
obligations pursuant to this section, and includes any one, part	13925
of, or any combination of the foregoing, and further includes site	13926
improvements, utilities, machinery, furnishings, and any separate	13927
or connected buildings, structures, improvements, sites, open	13928
space and green space areas, utilities, or equipment to be used	13929
in, or in connection with the operation or maintenance of, or	13930
supplementing or otherwise related to the services or facilities	13931
to be provided by, such facilities.	13932

(4) "Cost of community or technical college capital	13933
facilities" means the costs of acquiring, constructing,	13934
reconstructing, rehabilitating, remodeling, renovating, enlarging,	13935
improving, equipping, or furnishing community or technical college	13936
capital facilities, and the financing thereof, including the cost	13937
of clearance and preparation of the site and of any land to be	13938
used in connection with community or technical college capital	13939
facilities, the cost of any indemnity and surety bonds and	13940
premiums on insurance, all related direct administrative expenses	13941
and allocable portions of direct costs of the commission and the	13942
issuing authority, community or technical college or community or	13943
technical college district, cost of engineering, architectural	13944
services, design, plans, specifications and surveys, estimates of	13945
cost, legal fees, fees and expenses of trustees, depositories,	13946
bond registrars, and paying agents for obligations, cost of	13947
issuance of obligations and financing costs and fees and expenses	13948
of financial advisers and consultants in connection therewith,	13949
interest on obligations from the date thereof to the time when	13950
interest is to be covered by available receipts or other sources	13951
other than proceeds of those obligations, amounts necessary to	13952
establish reserves as required by the bond proceedings, costs of	13953
audits, the reimbursements of all moneys advanced or applied by or	13954
borrowed from the community or technical college, community or	13955
technical college district, or others, from whatever source	13956
provided, including any temporary advances from state	13957
appropriations, for the payment of any item or items of cost of	13958
community or technical college facilities, and all other expenses	13959
necessary or incident to planning or determining feasibility or	13960
practicability with respect to such facilities, and such other	13961
expenses as may be necessary or incident to the acquisition,	13962
construction, reconstruction, rehabilitation, remodeling,	13963
renovation, enlargement, improvement, equipment, and furnishing of	13964
community or technical college capital facilities, the financing	13965
thereof and the placing of them in use and operation, including	13966
any one, part of, or combination of such classes of costs and	13967
expenses.	13968

(5) "Capital facilities" includes community or technical	13969
college capital facilities.	13970

(6) "Obligations" has the same meaning as in section 154.01	13971
or 3345.12 of the Revised Code, as the context requires.	13972

(B) The issuing authority is authorized to issue revenue	13973
obligations under Section 2i of Article VIII, Ohio Constitution,	13974
on behalf of a community or technical college district and shall	13975
cause the net proceeds thereof, after any deposits of accrued	13976
interest for the payment of bond service charges and after any	13977
deposit of all or such lesser portion as the issuing authority may	13978
direct of the premium received upon the sale of those obligations	13979
for the payment of the bond service charges, to be applied to the	13980
cost of community or technical college capital facilities,	13981
provided that the issuance of such obligations is subject to the	13982
execution of a written agreement in accordance with division (C)	13983
of section ~~3333.90~~3333.59 of the Revised Code for the withholding	13984
and depositing of funds otherwise due the district, or the college	13985
it operates, in respect of its allocated state share of	13986
instruction.	13987

(C) The bond service charges and all other payments required	13988
to be made by the trust agreement or indenture securing the	13989
obligations shall be payable solely from available community or	13990
technical college receipts pledged thereto as provided in the	13991
resolution. The available community or technical college receipts	13992
pledged and thereafter received by the commission are immediately	13993
subject to the lien of such pledge without any physical delivery	13994
thereof or further act, and the lien of any such pledge is valid	13995
and binding against all parties having claims of any kind against	13996
the authority, irrespective of whether those parties have notice	13997
thereof, and creates a perfected security interest for all	13998
purposes of Chapter 1309. of the Revised Code and a perfected lien	13999
for purposes of any real property interest, all without the	14000
necessity for separation or delivery of funds or for the filing or	14001
recording of the resolution, trust agreement, indenture, or other	14002
agreement by which such pledge is created or any certificate,	14003
statement, or other document with respect thereto; and the pledge	14004
of such available community or technical college receipts is	14005
effective and the money therefrom and thereof may be applied to	14006
the purposes for which pledged. Every pledge, and every covenant	14007
and agreement made with respect to the pledge, made in the	14008
resolution may therein be extended to the benefit of the owners	14009
and holders of obligations authorized by this section, and to any	14010
trustee therefor, for the further securing of the payment of the	14011
bond service charges, and all or any rights under any agreement or	14012
lease made under this section may be assigned for such purpose.	14013

(D) This section is to be applied with other applicable	14014
provisions of this chapter.	14015

Sec. 156.02. The executive director of ~~administrative~~	14016
~~services~~the Ohio facilities construction commission may contract	14017
with an energy or a water services company, architect,	14018
professional engineer, contractor, or other person experienced in	14019
the design and implementation of energy or water conservation	14020
measures for a report containing an analysis and recommendations	14021
pertaining to the implementation of energy or water conservation	14022
measures that result in energy, water, or wastewater cost savings,	14023
operating cost savings, or avoided capital costs for the	14024
institution. The report shall include estimates of all costs of	14025
such installations, including the costs of design, engineering,	14026
installation, maintenance, repairs, and debt service, and	14027
estimates of the energy, water, or wastewater cost savings,	14028
operating cost savings, and avoided capital costs created.	14029

Sec. 156.03. (A) If the executive director of ~~administrative~~	14030
~~services~~the Ohio facilities construction commission wishes to	14031
enter into an installment payment contract pursuant to section	14032
156.04 of the Revised Code or any other contract to implement one	14033
or more energy or water saving measures, the executive director	14034
may proceed under Chapter 153. of the Revised Code, or,	14035
alternatively, the executive director may request the controlling	14036
board to exempt the contract from Chapter 153. of the Revised	14037
Code.	14038

If the controlling board by a majority vote approves an	14039
exemption, that chapter shall not apply to the contract and	14040
instead the executive director shall request proposals from at	14041
least three parties for the implementation of the energy or water	14042
saving measures. Prior to providing any interested party a copy of	14043
any such request, the executive director shall advertise, in a	14044
newspaper of general circulation in the county where the contract	14045
is to be performed, and may advertise by electronic means pursuant	14046
to rules adopted by the executive director, the executive	14047
director's intent to request proposals for the implementation of	14048
the energy or water saving measures. The notice shall invite	14049
interested parties to submit proposals for consideration and shall	14050
be published at least thirty days prior to the date for accepting	14051
proposals.	14052

(B) Upon receiving the proposals, the executive director	14053
shall analyze them and, after considering the cost estimates of	14054
each proposal and the availability of funds to pay for each with	14055
current appropriations or by financing the cost of each through an	14056
installment payment contract under section 156.04 of the Revised	14057
Code, may select one or more proposals or reject all proposals. In	14058
selecting proposals, the executive director shall select the one	14059
or more proposals most likely to result in the greatest energy,	14060
water, or wastewater savings, operating costs savings, and avoided	14061
capital costs created.	14062

(C) No contract shall be awarded to implement energy or water	14063
saving measures under this section, unless the executive director	14064
finds that both of the following circumstances exists:	14065

(1) Not less than one-fifteenth of the costs of the contract	14066
shall be paid within two years from the date of purchase;	14067

(2) In the case of a contract for a cogeneration system	14068
described in division (B)(8) of section 156.01 of the Revised	14069
Code, the remaining balance of the cost of the contract shall be	14070
paid within twenty years from the date of purchase, and, in the	14071
case of all other contracts, fifteen years.	14072

Sec. 156.04. (A) In accordance with this section and section	14073
156.03 of the Revised Code, the executive director of	14074
~~administrative services~~the Ohio facilities construction	14075
commission may enter into an installment payment contract for the	14076
implementation of one or more energy or water saving measures. If	14077
the executive director wishes an installment payment contract to	14078
be exempted from Chapter 153. of the Revised Code, the executive	14079
director shall proceed pursuant to section 156.03 of the Revised	14080
Code.	14081

(B) Any installment payment contract under this section shall	14082
provide that all payments, except payments for repairs and	14083
obligations on termination of the contract prior to its	14084
expiration, are to be a stated percentage of calculated energy,	14085
water, or wastewater cost savings, operating costs, and avoided	14086
capital costs attributable to the one or more measures over a	14087
defined period of time and are to be made only to the extent that	14088
those calculated amounts actually occur. No such contract shall	14089
contain either of the following:	14090

(1) A requirement of any additional capital investment or	14091
contribution of funds, other than funds available from state or	14092
federal grants;	14093

(2) In the case of a contract for a cogeneration system	14094
described in division (B)(8) of section 156.01 of the Revised	14095
Code, a payment term longer than twenty years, and, in the case of	14096
all other contracts, a payment term longer than fifteen years.	14097

(C) Any installment payment contract entered into under this	14098
section shall terminate no later than the last day of the fiscal	14099
biennium for which funds have been appropriated to the ~~department~~	14100
~~of administrative services~~Ohio facilities construction commission	14101
by the general assembly and shall be renewed in each succeeding	14102
fiscal biennium in which any balance of the contract remains	14103
unpaid, provided that both an appropriation for that succeeding	14104
fiscal biennium and the certification required by section 126.07	14105
of the Revised Code are made.	14106

(D) Any installment payment contract entered into under this	14107
section shall be eligible for financing provided through the Ohio	14108
air quality development authority under Chapter 3706. of the	14109
Revised Code.	14110

Sec. 156.05. In accordance with Chapter 119. of the Revised	14111
Code, the executive director of ~~administrative services~~the Ohio	14112
facilities construction commission shall adopt, and enforce rules	14113
necessary to administer sections 156.01 to 156.04 of the Revised	14114
Code. Rules adopted under this section shall establish procedures	14115
by which the executive director may authorize in ~~his~~the executive	14116
director's stead the manager of any building owned by the state to	14117
enter into contracts authorized under sections 156.01 to 156.04 of	14118
the Revised Code.	14119

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	14120
created in the state treasury. Seventy-five per cent of the net	14121
proceeds of obligations issued and sold by the issuing authority	14122
pursuant to sections 151.01 and 151.09 of the Revised Code shall	14123
be deposited into the fund. The fund also shall consist of money	14124
credited to it under section 151.50 of the Revised Code.	14125
Investment earnings of the fund shall be credited to the fund and	14126
may be used to pay costs incurred by the Ohio public works	14127
commission in administering sections 164.20 to 164.27 of the	14128
Revised Code. Moneys in the clean Ohio conservation fund shall be	14129
used to make grants to local political subdivisions and nonprofit	14130
organizations for projects that have been approved for grants	14131
under sections 164.20 to 164.27 of the Revised Code.	14132

The clean Ohio conservation fund shall be administered by the	14133
Ohio public works commission.	14134

(B) For the purpose of grants issued under sections 164.20 to	14135
164.27 of the Revised Code, moneys shall be allocated on an annual	14136
basis from the clean Ohio conservation fund to districts	14137
represented by natural resources assistance councils as follows:	14138

(1) Each district shall receive an amount that is equal to	14139
one-fourth of one per cent of the total annual amount allocated to	14140
all districts each year for each county that is represented by the	14141
district.	14142

(2) The remaining moneys shall be allocated to each district	14143
annually on a per capita basis.	14144

(C) A grant that is awarded under sections 164.20 to 164.27	14145
of the Revised Code may provide up to seventy-five per cent of the	14146
estimated cost of a project. Matching funds from a grant recipient	14147
may consist of contributions of money by any person, any local	14148
political subdivision, or the federal government or of	14149
contributions in-kind by such entities through the purchase or	14150
donation of equipment, land, easements, interest in land, labor,	14151
or materials necessary to complete the project.	14152

(D) The director of the Ohio public works commission shall	14153
notify the director of budget and management of the amounts	14154
allocated pursuant to this section, and that information shall be	14155
entered in the state accounting system. The director of budget and	14156
management may establish appropriate line items or other	14157
mechanisms that are needed to track the allocations.	14158

(E) Grants awarded under sections 164.20 to 164.27 of the	14159
Revised Code from the clean Ohio conservation fund shall be used	14160
by a local political subdivision or nonprofit organization only to	14161
pay the costs related to the purposes for which grants may be	14162
issued under section 164.22 of the Revised Code and shall not be	14163
used by a local political subdivision or nonprofit organization to	14164
pay any administrative costs incurred by the local political	14165
subdivision or nonprofit organization.	14166

Sec. 166.02. (A) The general assembly finds that many local	14167
areas throughout the state are experiencing economic stagnation or	14168
decline, and that the economic development programs provided for	14169
in this chapter will constitute deserved, necessary reinvestment	14170
by the state in those areas, materially contribute to their	14171
economic revitalization, and result in improving the economic	14172
welfare of all the people of the state. Accordingly, it is	14173
declared to be the public policy of the state, through the	14174
operations of this chapter and other applicable laws adopted	14175
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	14176
and other authority vested in the general assembly, to assist in	14177
and facilitate the establishment or development of eligible	14178
projects or assist and cooperate with any governmental agency in	14179
achieving such purpose.	14180

(B) In furtherance of such public policy and to implement	14181
such purpose, the director of development may:	14182

(1) After consultation with appropriate governmental	14183
agencies, enter into agreements with persons engaged in industry,	14184
commerce, distribution, or research and with governmental agencies	14185
to induce such persons to acquire, construct, reconstruct,	14186
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	14187
otherwise develop, eligible projects and make provision therein	14188
for project facilities and governmental actions, as authorized by	14189
this chapter and other applicable laws, subject to any required	14190
actions by the general assembly or the controlling board and	14191
subject to applicable local government laws and regulations;	14192

(2) Provide for the guarantees and loans as provided for in	14193
sections 166.06 and 166.07 of the Revised Code;	14194

(3) Subject to release of such moneys by the controlling	14195
board, contract for labor and materials needed for, or contract	14196
with others, including governmental agencies, to provide, project	14197
facilities the allowable costs of which are to be paid for or	14198
reimbursed from moneys in the facilities establishment fund, and	14199
contract for the operation of such project facilities;	14200

(4) Subject to release thereof by the controlling board, from	14201
moneys in the facilities establishment fund acquire or contract to	14202
acquire by gift, exchange, or purchase, including the obtaining	14203
and exercise of purchase options, property, and convey or	14204
otherwise dispose of, or provide for the conveyance or disposition	14205
of, property so acquired or contracted to be acquired by sale,	14206
exchange, lease, lease purchase, conditional or installment sale,	14207
transfer, or other disposition, including the grant of an option	14208
to purchase, to any governmental agency or to any other person	14209
without necessity for competitive bidding and upon such terms and	14210
conditions and manner of consideration pursuant to and as the	14211
director determines to be appropriate to satisfy the objectives of	14212
sections 166.01 to 166.11 of the Revised Code;	14213

(5) Retain the services of or employ financial consultants,	14214
appraisers, consulting engineers, superintendents, managers,	14215
construction and accounting experts, attorneys, and employees,	14216
agents, and independent contractors as are necessary in the	14217
director's judgment and fix the compensation for their services;	14218

(6) Receive and accept from any person grants, gifts, and	14219
contributions of money, property, labor, and other things of	14220
value, to be held, used and applied only for the purpose for which	14221
such grants, gifts, and contributions are made;	14222

(7) Enter into appropriate arrangements and agreements with	14223
any governmental agency for the taking or provision by that	14224
governmental agency of any governmental action;	14225

(8) Do all other acts and enter into contracts and execute	14226
all instruments necessary or appropriate to carry out the	14227
provisions of this chapter;	14228

(9) Adopt rules to implement any of the provisions of this	14229
chapter applicable to the director.	14230

(C) The determinations by the director that facilities	14231
constitute eligible projects, that facilities are project	14232
facilities, that costs of such facilities are allowable costs, and	14233
all other determinations relevant thereto or to an action taken or	14234
agreement entered into shall be conclusive for purposes of the	14235
validity and enforceability of rights of parties arising from	14236
actions taken and agreements entered into under this chapter.	14237

(D) Except as otherwise prescribed in this chapter, all	14238
expenses and obligations incurred by the director in carrying out	14239
the director's powers and in exercising the director's duties	14240
under this chapter, shall be payable solely from, as appropriate,	14241
moneys in the facilities establishment fund, the loan guarantee	14242
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	14243
loan fund, the research and development loan fund, the logistics	14244
and distribution infrastructure fund, ~~the logistics and~~	14245
~~distribution infrastructure taxable bond fund,~~ or moneys	14246
appropriated for such purpose by the general assembly. This	14247
chapter does not authorize the director or the issuing authority	14248
under section 166.08 of the Revised Code to incur bonded	14249
indebtedness of the state or any political subdivision thereof, or	14250
to obligate or pledge moneys raised by taxation for the payment of	14251
any bonds or notes issued or guarantees made pursuant to this	14252
chapter.	14253

(E) Any governmental agency may enter into an agreement with	14254
the director, any other governmental agency, or a person to be	14255
assisted under this chapter, to take or provide for the purposes	14256
of this chapter any governmental action it is authorized to take	14257
or provide, and to undertake on behalf and at the request of the	14258
director any action which the director is authorized to undertake	14259
pursuant to divisions (B)(3), (4), and (5) of this section or	14260
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	14261
Code. Governmental agencies of the state shall cooperate with and	14262
provide assistance to the director of development and the	14263
controlling board in the exercise of their respective functions	14264
under this chapter.	14265

Sec. 166.03. (A) There is hereby created the facilities	14266
establishment fund within the state treasury, consisting of	14267
proceeds from the issuance of obligations as specified under	14268
section 166.08 of the Revised Code; the moneys received by the	14269
state from the sources specified in section 166.09 of the Revised	14270
Code; service charges imposed under sections 166.06 and 166.07 of	14271
the Revised Code; any grants, gifts, or contributions of moneys	14272
received by the director of development services to be used for	14273
loans made under section 166.07 of the Revised Code or for the	14274
payment of the allowable costs of project facilities; and all	14275
other moneys appropriated or transferred to the fund. Moneys in	14276
the loan guarantee fund in excess of the loan guarantee reserve	14277
requirement, but subject to the provisions and requirements of any	14278
guarantee contracts, may be transferred to the facilities	14279
establishment fund by the treasurer of state upon the order of the	14280
director of development services. Moneys received by the state	14281
under Chapter 122. of the Revised Code, to the extent allocable to	14282
the utilization of moneys derived from proceeds of the sale of	14283
obligations pursuant to section 166.08 of the Revised Code, shall	14284
be credited to the facilities establishment fund. All investment	14285
earnings on the cash balance in the fund shall be credited to the	14286
fund.	14287

(B) All moneys appropriated or transferred to the facilities	14288
establishment fund may be released at the request of the director	14289
of development services for payment of allowable costs or the	14290
making of loans under section 166.07 of the Revised Code, for	14291
transfer to the loan guarantee fund established in section 166.06	14292
of the Revised Code, or for use for the purpose of or transfer to	14293
the funds established by sections 122.35, 122.42, 122.54, 122.55,	14294
122.56, 122.561, 122.57, 122.601, and 122.80 of the Revised Code	14295
and, until July 1, 2003, the fund established by section 166.031	14296
of the Revised Code, and, until July 1, 2007, the fund established	14297
by section 122.26 of the Revised Code, but only for such of those	14298
purposes as are within the authorization of Section 13 of Article	14299
VIII, Ohio Constitution, in all cases subject to the approval of	14300
the controlling board.	14301

(C) The ~~department of~~ development services agency, in the	14302
administration of the facilities establishment fund, is encouraged	14303
to utilize and promote the utilization of, to the maximum	14304
practicable extent, the other existing programs, business	14305
incentives, and tax incentives that department is required or	14306
authorized to administer or supervise.	14307

Sec. 166.04. (A) Prior to entering into each agreement to	14308
provide assistance under sections 166.02, 166.06, and 166.07 of	14309
the Revised Code, the director of development services shall	14310
determine whether the assistance will conform to the requirements	14311
of sections 166.01 to 166.11 of the Revised Code. Such	14312
determination, and the facts upon which it is based, shall be set	14313
forth, where required, by the director in submissions made to the	14314
controlling board when the director seeks a release of moneys	14315
under section 166.02 of the Revised Code. An agreement to provide	14316
assistance under sections 166.02, 166.06, and 166.07 of the	14317
Revised Code shall set forth such determination, which shall be	14318
conclusive for purposes of the validity and enforceability of such	14319
agreement and any loan guarantees, loans, or other agreements	14320
entered into pursuant to such agreement to provide assistance.	14321

(B) Whenever a person applies for financial assistance under	14322
sections 166.02, 166.06, and 166.07 of the Revised Code and the	14323
project for which assistance is requested is to relocate	14324
facilities that are currently being operated by the person and	14325
that are located in another county, municipal corporation, or	14326
township, the ~~director~~person shall provide written notification	14327
of the relocation to the appropriate local governmental bodies ~~and~~	14328
~~state officials~~. ~~The~~Prior to entering into an agreement to	14329
provide the assistance, the director shall verify that such	14330
notification ~~shall contain the following information:~~	14331

~~(1) The name of the person applying for financial assistance;~~

14332

~~(2) The county, and the municipal corporation or township, in~~	14333
~~which the project for which assistance is requested is located;~~	14334
~~and~~	14335

~~(3) The county, and the municipal corporation or township, in~~	14336
~~which the facility to be replaced is located~~has been provided.	14337

14338

~~(1)~~, "~~Appropriate~~appropriate local governmental bodies"	14339
means:	14340

~~(a)~~(1) The ~~boards~~board of county commissioners or	14341
legislative ~~authorities~~authority of the county in which the	14342
~~project for which assistance is requested is located and of the~~	14343
~~county in which the~~ facility to be replaced is located;	14344

~~(b)~~(2) The legislative authority of the municipal corporation	14345
or the board of township trustees of the township in which the	14346
~~project for which assistance is requested is located; and~~	14347

~~(c) The legislative authority of the municipal corporation or~~	14348
~~the board of township trustees of the township in which the~~	14349
facility to be replaced is located.	14350

~~(2) "State officials" means:~~

14351

~~(a) The state representative and state senator in whose~~	14352
~~districts the project for which assistance is requested is~~	14353
~~located;~~	14354

~~(b) The state representative and state senator in whose~~	14355
~~districts the facility to be replaced is located.~~	14356

Sec. 166.08. (A) As used in this chapter:

14357

(1) "Bond proceedings" means the resolution, order, trust	14358
agreement, indenture, lease, and other agreements, amendments and	14359
supplements to the foregoing, or any one or more or combination	14360
thereof, authorizing or providing for the terms and conditions	14361
applicable to, or providing for the security or liquidity of,	14362
obligations issued pursuant to this section, and the provisions	14363
contained in such obligations.	14364

(2) "Bond service charges" means principal, including	14365
mandatory sinking fund requirements for retirement of obligations,	14366
and interest, and redemption premium, if any, required to be paid	14367
by the state on obligations.	14368

(3) "Bond service fund" means the applicable fund and	14369
accounts therein created for and pledged to the payment of bond	14370
service charges, which may be, or may be part of, the economic	14371
development bond service fund created by division (S) of this	14372
section including all moneys and investments, and earnings from	14373
investments, credited and to be credited thereto.	14374

(4) "Issuing authority" means the treasurer of state, or the	14375
officer who by law performs the functions of such officer.	14376

(5) "Obligations" means bonds, notes, or other evidence of	14377
obligation including interest coupons pertaining thereto, issued	14378
pursuant to this section.	14379

(6) "Pledged receipts" means all receipts of the state	14380
representing the gross profit on the sale of spirituous liquor, as	14381
referred to in division (B)(4) of section 4301.10 of the Revised	14382
Code, after paying all costs and expenses of the division of	14383
liquor control and providing an adequate working capital reserve	14384
for the division of liquor control as provided in that division,	14385
but excluding the sum required by the second paragraph of section	14386
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	14387
paid into the state treasury; moneys accruing to the state from	14388
the lease, sale, or other disposition, or use, of project	14389
facilities, and from the repayment, including interest, of loans	14390
made from proceeds received from the sale of obligations; accrued	14391
interest received from the sale of obligations; income from the	14392
investment of the special funds; and any gifts, grants, donations,	14393
and pledges, and receipts therefrom, available for the payment of	14394
bond service charges.	14395

(7) "Special funds" or "funds" means, except where the	14396
context does not permit, the bond service fund, and any other	14397
funds, including reserve funds, created under the bond	14398
proceedings, and the economic development bond service fund	14399
created by division (S) of this section to the extent provided in	14400
the bond proceedings, including all moneys and investments, and	14401
earnings from investment, credited and to be credited thereto.	14402

(B) Subject to the limitations provided in section 166.11 of	14403
the Revised Code, the issuing authority, upon the certification by	14404
the director of development or, with respect to eligible advanced	14405
energy projects, the Ohio air quality development authority to the	14406
issuing authority of the amount of moneys or additional moneys	14407
needed in the facilities establishment fund, the loan guarantee	14408
fund, the innovation Ohio loan fund, the innovation Ohio loan	14409
guarantee fund, the research and development loan fund, the	14410
logistics and distribution infrastructure fund, ~~the logistics and~~	14411
~~distribution infrastructure taxable bond fund,~~ the advanced energy	14412
research and development fund, or the advanced energy research and	14413
development taxable fund, as applicable, for the purpose of	14414
paying, or making loans for, allowable costs from the facilities	14415
establishment fund, allowable innovation costs from the innovation	14416
Ohio loan fund, allowable costs from the research and development	14417
loan fund, allowable costs from the logistics and distribution	14418
infrastructure fund, ~~allowable costs from the logistics and~~	14419
~~distribution infrastructure taxable bond fund,~~ allowable costs	14420
from the advanced energy research and development fund, or	14421
allowable costs from the advanced energy research and development	14422
taxable fund, as applicable, or needed for capitalized interest,	14423
for funding reserves, and for paying costs and expenses incurred	14424
in connection with the issuance, carrying, securing, paying,	14425
redeeming, or retirement of the obligations or any obligations	14426
refunded thereby, including payment of costs and expenses relating	14427
to letters of credit, lines of credit, insurance, put agreements,	14428
standby purchase agreements, indexing, marketing, remarketing and	14429
administrative arrangements, interest swap or hedging agreements,	14430
and any other credit enhancement, liquidity, remarketing, renewal,	14431
or refunding arrangements, all of which are authorized by this	14432
section, or providing moneys for the loan guarantee fund or the	14433
innovation Ohio loan guarantee fund, as provided in this chapter	14434
or needed for the purposes of funds established in accordance with	14435
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	14436
122.561, 122.57, and 122.80 of the Revised Code which are within	14437
the authorization of Section 13 of Article VIII, Ohio	14438
Constitution, or, with respect to certain eligible advanced energy	14439
projects, Section 2p of Article VIII, Ohio Constitution, shall	14440
issue obligations of the state under this section in the required	14441
amount; provided that such obligations may be issued to satisfy	14442
the covenants in contracts of guarantee made under section 166.06	14443
or 166.15 of the Revised Code, notwithstanding limitations	14444
otherwise applicable to the issuance of obligations under this	14445
section. The proceeds of such obligations, except for the portion	14446
to be deposited in special funds, including reserve funds, as may	14447
be provided in the bond proceedings, shall as provided in the bond	14448
proceedings be deposited by the director of development to the	14449
facilities establishment fund, the loan guarantee fund, the	14450
innovation Ohio loan guarantee fund, the innovation Ohio loan	14451
fund, the research and development loan fund, or the logistics and	14452
distribution infrastructure fund, ~~or the logistics and~~	14453
~~distribution infrastructure taxable bond fund,~~ or be deposited by	14454
the Ohio air quality development authority to the advanced energy	14455
research and development fund or the advanced energy research and	14456
development taxable fund. Bond proceedings for project financing	14457
obligations may provide that the proceeds derived from the	14458
issuance of such obligations shall be deposited into such fund or	14459
funds provided for in the bond proceedings and, to the extent	14460
provided for in the bond proceedings, such proceeds shall be	14461
deemed to have been deposited into the facilities establishment	14462
fund and transferred to such fund or funds. The issuing authority	14463
may appoint trustees, paying agents, and transfer agents and may	14464
retain the services of financial advisors, accounting experts, and	14465
attorneys, and retain or contract for the services of marketing,	14466
remarketing, indexing, and administrative agents, other	14467
consultants, and independent contractors, including printing	14468
services, as are necessary in the issuing authority's judgment to	14469
carry out this section. The costs of such services are allowable	14470
costs payable from the facilities establishment fund or the	14471
research and development loan fund, allowable innovation costs	14472
payable from the innovation Ohio loan fund, or allowable costs	14473
payable from the logistics and distribution infrastructure fund,	14474
~~the logistics and distribution infrastructure taxable bond fund,~~	14475
the advanced energy research and development fund, or the advanced	14476
energy research and development taxable fund, as applicable.	14477

(C) The holders or owners of such obligations shall have no	14478
right to have moneys raised by taxation obligated or pledged, and	14479
moneys raised by taxation shall not be obligated or pledged, for	14480
the payment of bond service charges. Such holders or owners shall	14481
have no rights to payment of bond service charges from any moneys	14482
accruing to the state from the lease, sale, or other disposition,	14483
or use, of project facilities, or from payment of the principal of	14484
or interest on loans made, or fees charged for guarantees made, or	14485
from any money or property received by the director, treasurer of	14486
state, or the state under Chapter 122. of the Revised Code, or	14487
from any other use of the proceeds of the sale of the obligations,	14488
and no such moneys may be used for the payment of bond service	14489
charges, except for accrued interest, capitalized interest, and	14490
reserves funded from proceeds received upon the sale of the	14491
obligations and except as otherwise expressly provided in the	14492
applicable bond proceedings pursuant to written directions by the	14493
director. The right of such holders and owners to payment of bond	14494
service charges is limited to all or that portion of the pledged	14495
receipts and those special funds pledged thereto pursuant to the	14496
bond proceedings in accordance with this section, and each such	14497
obligation shall bear on its face a statement to that effect.	14498

(D) Obligations shall be authorized by resolution or order of	14499
the issuing authority and the bond proceedings shall provide for	14500
the purpose thereof and the principal amount or amounts, and shall	14501
provide for or authorize the manner or agency for determining the	14502
principal maturity or maturities, not exceeding twenty-five years	14503
from the date of issuance, the interest rate or rates or the	14504
maximum interest rate, the date of the obligations and the dates	14505
of payment of interest thereon, their denomination, and the	14506
establishment within or without the state of a place or places of	14507
payment of bond service charges. Sections 9.98 to 9.983 of the	14508
Revised Code are applicable to obligations issued under this	14509
section, subject to any applicable limitation under section 166.11	14510
of the Revised Code. The purpose of such obligations may be stated	14511
in the bond proceedings in terms describing the general purpose or	14512
purposes to be served. The bond proceedings also shall provide,	14513
subject to the provisions of any other applicable bond	14514
proceedings, for the pledge of all, or such part as the issuing	14515
authority may determine, of the pledged receipts and the	14516
applicable special fund or funds to the payment of bond service	14517
charges, which pledges may be made either prior or subordinate to	14518
other expenses, claims, or payments, and may be made to secure the	14519
obligations on a parity with obligations theretofore or thereafter	14520
issued, if and to the extent provided in the bond proceedings. The	14521
pledged receipts and special funds so pledged and thereafter	14522
received by the state are immediately subject to the lien of such	14523
pledge without any physical delivery thereof or further act, and	14524
the lien of any such pledges is valid and binding against all	14525
parties having claims of any kind against the state or any	14526
governmental agency of the state, irrespective of whether such	14527
parties have notice thereof, and shall create a perfected security	14528
interest for all purposes of Chapter 1309. of the Revised Code,	14529
without the necessity for separation or delivery of funds or for	14530
the filing or recording of the bond proceedings by which such	14531
pledge is created or any certificate, statement or other document	14532
with respect thereto; and the pledge of such pledged receipts and	14533
special funds is effective and the money therefrom and thereof may	14534
be applied to the purposes for which pledged without necessity for	14535
any act of appropriation. Every pledge, and every covenant and	14536
agreement made with respect thereto, made in the bond proceedings	14537
may therein be extended to the benefit of the owners and holders	14538
of obligations authorized by this section, and to any trustee	14539
therefor, for the further security of the payment of the bond	14540
service charges.	14541

(E) The bond proceedings may contain additional provisions as	14542
to:	14543

(1) The redemption of obligations prior to maturity at the	14544
option of the issuing authority at such price or prices and under	14545
such terms and conditions as are provided in the bond proceedings;	14546

(2) Other terms of the obligations;

14547

(3) Limitations on the issuance of additional obligations;

14548

(4) The terms of any trust agreement or indenture securing	14549
the obligations or under which the same may be issued;	14550

(5) The deposit, investment and application of special funds,	14551
and the safeguarding of moneys on hand or on deposit, without	14552
regard to Chapter 131. or 135. of the Revised Code, but subject to	14553
any special provisions of this chapter, with respect to particular	14554
funds or moneys, provided that any bank or trust company which	14555
acts as depository of any moneys in the special funds may furnish	14556
such indemnifying bonds or may pledge such securities as required	14557
by the issuing authority;	14558

(6) Any or every provision of the bond proceedings being	14559
binding upon such officer, board, commission, authority, agency,	14560
department, or other person or body as may from time to time have	14561
the authority under law to take such actions as may be necessary	14562
to perform all or any part of the duty required by such provision;	14563

(7) Any provision that may be made in a trust agreement or	14564
indenture;	14565

(8) Any other or additional agreements with the holders of	14566
the obligations, or the trustee therefor, relating to the	14567
obligations or the security therefor, including the assignment of	14568
mortgages or other security obtained or to be obtained for loans	14569
under section 122.43, 166.07, or 166.16 of the Revised Code.	14570

(F) The obligations may have the great seal of the state or a	14571
facsimile thereof affixed thereto or printed thereon. The	14572
obligations and any coupons pertaining to obligations shall be	14573
signed or bear the facsimile signature of the issuing authority.	14574
Any obligations or coupons may be executed by the person who, on	14575
the date of execution, is the proper issuing authority although on	14576
the date of such bonds or coupons such person was not the issuing	14577
authority. If the issuing authority whose signature or a facsimile	14578
of whose signature appears on any such obligation or coupon ceases	14579
to be the issuing authority before delivery thereof, such	14580
signature or facsimile is nevertheless valid and sufficient for	14581
all purposes as if the former issuing authority had remained the	14582
issuing authority until such delivery; and if the seal to be	14583
affixed to obligations has been changed after a facsimile of the	14584
seal has been imprinted on such obligations, such facsimile seal	14585
shall continue to be sufficient as to such obligations and	14586
obligations issued in substitution or exchange therefor.	14587

(G) All obligations are negotiable instruments and securities	14588
under Chapter 1308. of the Revised Code, subject to the provisions	14589
of the bond proceedings as to registration. The obligations may be	14590
issued in coupon or in registered form, or both, as the issuing	14591
authority determines. Provision may be made for the registration	14592
of any obligations with coupons attached thereto as to principal	14593
alone or as to both principal and interest, their exchange for	14594
obligations so registered, and for the conversion or reconversion	14595
into obligations with coupons attached thereto of any obligations	14596
registered as to both principal and interest, and for reasonable	14597
charges for such registration, exchange, conversion, and	14598
reconversion.	14599

(H) Obligations may be sold at public sale or at private	14600
sale, as determined in the bond proceedings.	14601

Obligations issued to provide moneys for the loan guarantee	14602
fund or the innovation Ohio loan guarantee fund may, as determined	14603
by the issuing authority, be sold at private sale, and without	14604
publication of a notice of sale.	14605

(I) Pending preparation of definitive obligations, the	14606
issuing authority may issue interim receipts or certificates which	14607
shall be exchanged for such definitive obligations.	14608

(J) In the discretion of the issuing authority, obligations	14609
may be secured additionally by a trust agreement or indenture	14610
between the issuing authority and a corporate trustee which may be	14611
any trust company or bank having a place of business within the	14612
state. Any such agreement or indenture may contain the resolution	14613
or order authorizing the issuance of the obligations, any	14614
provisions that may be contained in any bond proceedings, and	14615
other provisions which are customary or appropriate in an	14616
agreement or indenture of such type, including, but not limited	14617
to:	14618

(1) Maintenance of each pledge, trust agreement, indenture,	14619
or other instrument comprising part of the bond proceedings until	14620
the state has fully paid the bond service charges on the	14621
obligations secured thereby, or provision therefor has been made;	14622

(2) In the event of default in any payments required to be	14623
made by the bond proceedings, or any other agreement of the	14624
issuing authority made as a part of the contract under which the	14625
obligations were issued, enforcement of such payments or agreement	14626
by mandamus, the appointment of a receiver, suit in equity, action	14627
at law, or any combination of the foregoing;	14628

(3) The rights and remedies of the holders of obligations and	14629
of the trustee, and provisions for protecting and enforcing them,	14630
including limitations on rights of individual holders of	14631
obligations;	14632

(4) The replacement of any obligations that become mutilated	14633
or are destroyed, lost, or stolen;	14634

(5) Such other provisions as the trustee and the issuing	14635
authority agree upon, including limitations, conditions, or	14636
qualifications relating to any of the foregoing.	14637

(K) Any holders of obligations or trustees under the bond	14638
proceedings, except to the extent that their rights are restricted	14639
by the bond proceedings, may by any suitable form of legal	14640
proceedings, protect and enforce any rights under the laws of this	14641
state or granted by such bond proceedings. Such rights include the	14642
right to compel the performance of all duties of the issuing	14643
authority, the director of development, the Ohio air quality	14644
development authority, or the division of liquor control required	14645
by this chapter or the bond proceedings; to enjoin unlawful	14646
activities; and in the event of default with respect to the	14647
payment of any bond service charges on any obligations or in the	14648
performance of any covenant or agreement on the part of the	14649
issuing authority, the director of development, the Ohio air	14650
quality development authority, or the division of liquor control	14651
in the bond proceedings, to apply to a court having jurisdiction	14652
of the cause to appoint a receiver to receive and administer the	14653
pledged receipts and special funds, other than those in the	14654
custody of the treasurer of state, which are pledged to the	14655
payment of the bond service charges on such obligations or which	14656
are the subject of the covenant or agreement, with full power to	14657
pay, and to provide for payment of bond service charges on, such	14658
obligations, and with such powers, subject to the direction of the	14659
court, as are accorded receivers in general equity cases,	14660
excluding any power to pledge additional revenues or receipts or	14661
other income or moneys of the issuing authority or the state or	14662
governmental agencies of the state to the payment of such	14663
principal and interest and excluding the power to take possession	14664
of, mortgage, or cause the sale or otherwise dispose of any	14665
project facilities.	14666

Each duty of the issuing authority and the issuing	14667
authority's officers and employees, and of each governmental	14668
agency and its officers, members, or employees, undertaken	14669
pursuant to the bond proceedings or any agreement or lease,	14670
lease-purchase agreement, or loan made under authority of this	14671
chapter, and in every agreement by or with the issuing authority,	14672
is hereby established as a duty of the issuing authority, and of	14673
each such officer, member, or employee having authority to perform	14674
such duty, specifically enjoined by the law resulting from an	14675
office, trust, or station within the meaning of section 2731.01 of	14676
the Revised Code.	14677

The person who is at the time the issuing authority, or the	14678
issuing authority's officers or employees, are not liable in their	14679
personal capacities on any obligations issued by the issuing	14680
authority or any agreements of or with the issuing authority.	14681

(L) The issuing authority may authorize and issue obligations	14682
for the refunding, including funding and retirement, and advance	14683
refunding with or without payment or redemption prior to maturity,	14684
of any obligations previously issued by the issuing authority.	14685
Such obligations may be issued in amounts sufficient for payment	14686
of the principal amount of the prior obligations, any redemption	14687
premiums thereon, principal maturities of any such obligations	14688
maturing prior to the redemption of the remaining obligations on a	14689
parity therewith, interest accrued or to accrue to the maturity	14690
dates or dates of redemption of such obligations, and any	14691
allowable costs including expenses incurred or to be incurred in	14692
connection with such issuance and such refunding, funding, and	14693
retirement. Subject to the bond proceedings therefor, the portion	14694
of proceeds of the sale of obligations issued under this division	14695
to be applied to bond service charges on the prior obligations	14696
shall be credited to an appropriate account held by the trustee	14697
for such prior or new obligations or to the appropriate account in	14698
the bond service fund for such obligations. Obligations authorized	14699
under this division shall be deemed to be issued for those	14700
purposes for which such prior obligations were issued and are	14701
subject to the provisions of this section pertaining to other	14702
obligations, except as otherwise provided in this section;	14703
provided that, unless otherwise authorized by the general	14704
assembly, any limitations imposed by the general assembly pursuant	14705
to this section with respect to bond service charges applicable to	14706
the prior obligations shall be applicable to the obligations	14707
issued under this division to refund, fund, advance refund or	14708
retire such prior obligations.	14709

(M) The authority to issue obligations under this section	14710
includes authority to issue obligations in the form of bond	14711
anticipation notes and to renew the same from time to time by the	14712
issuance of new notes. The holders of such notes or interest	14713
coupons pertaining thereto shall have a right to be paid solely	14714
from the pledged receipts and special funds that may be pledged to	14715
the payment of the bonds anticipated, or from the proceeds of such	14716
bonds or renewal notes, or both, as the issuing authority provides	14717
in the resolution or order authorizing such notes. Such notes may	14718
be additionally secured by covenants of the issuing authority to	14719
the effect that the issuing authority and the state will do such	14720
or all things necessary for the issuance of such bonds or renewal	14721
notes in appropriate amount, and apply the proceeds thereof to the	14722
extent necessary, to make full payment of the principal of and	14723
interest on such notes at the time or times contemplated, as	14724
provided in such resolution or order. For such purpose, the	14725
issuing authority may issue bonds or renewal notes in such	14726
principal amount and upon such terms as may be necessary to	14727
provide funds to pay when required the principal of and interest	14728
on such notes, notwithstanding any limitations prescribed by or	14729
for purposes of this section. Subject to this division, all	14730
provisions for and references to obligations in this section are	14731
applicable to notes authorized under this division.	14732

The issuing authority in the bond proceedings authorizing the	14733
issuance of bond anticipation notes shall set forth for such bonds	14734
an estimated interest rate and a schedule of principal payments	14735
for such bonds and the annual maturity dates thereof, and for	14736
purposes of any limitation on bond service charges prescribed	14737
under division (A) of section 166.11 of the Revised Code, the	14738
amount of bond service charges on such bond anticipation notes is	14739
deemed to be the bond service charges for the bonds anticipated	14740
thereby as set forth in the bond proceedings applicable to such	14741
notes, but this provision does not modify any authority in this	14742
section to pledge receipts and special funds to, and covenant to	14743
issue bonds to fund, the payment of principal of and interest and	14744
any premium on such notes.	14745

(N) Obligations issued under this section are lawful	14746
investments for banks, societies for savings, savings and loan	14747
associations, deposit guarantee associations, trust companies,	14748
trustees, fiduciaries, insurance companies, including domestic for	14749
life and domestic not for life, trustees or other officers having	14750
charge of sinking and bond retirement or other special funds of	14751
political subdivisions and taxing districts of this state, the	14752
commissioners of the sinking fund of the state, the administrator	14753
of workers' compensation, the state teachers retirement system,	14754
the public employees retirement system, the school employees	14755
retirement system, and the Ohio police and fire pension fund,	14756
notwithstanding any other provisions of the Revised Code or rules	14757
adopted pursuant thereto by any governmental agency of the state	14758
with respect to investments by them, and are also acceptable as	14759
security for the deposit of public moneys.	14760

(O) Unless otherwise provided in any applicable bond	14761
proceedings, moneys to the credit of or in the special funds	14762
established by or pursuant to this section may be invested by or	14763
on behalf of the issuing authority only in notes, bonds, or other	14764
obligations of the United States, or of any agency or	14765
instrumentality of the United States, obligations guaranteed as to	14766
principal and interest by the United States, obligations of this	14767
state or any political subdivision of this state, and certificates	14768
of deposit of any national bank located in this state and any	14769
bank, as defined in section 1101.01 of the Revised Code, subject	14770
to inspection by the superintendent of banks. If the law or the	14771
instrument creating a trust pursuant to division (J) of this	14772
section expressly permits investment in direct obligations of the	14773
United States or an agency of the United States, unless expressly	14774
prohibited by the instrument, such moneys also may be invested in	14775
no-front-end-load money market mutual funds consisting exclusively	14776
of obligations of the United States or an agency of the United	14777
States and in repurchase agreements, including those issued by the	14778
fiduciary itself, secured by obligations of the United States or	14779
an agency of the United States; and in common trust funds	14780
established in accordance with section 1111.20 of the Revised Code	14781
and consisting exclusively of any such securities, notwithstanding	14782
division (A)(4) of that section. The income from such investments	14783
shall be credited to such funds as the issuing authority	14784
determines, and such investments may be sold at such times as the	14785
issuing authority determines or authorizes.	14786

(P) Provision may be made in the applicable bond proceedings	14787
for the establishment of separate accounts in the bond service	14788
fund and for the application of such accounts only to the	14789
specified bond service charges on obligations pertinent to such	14790
accounts and bond service fund and for other accounts therein	14791
within the general purposes of such fund. Unless otherwise	14792
provided in any applicable bond proceedings, moneys to the credit	14793
of or in the several special funds established pursuant to this	14794
section shall be disbursed on the order of the treasurer of state,	14795
provided that no such order is required for the payment from the	14796
bond service fund when due of bond service charges on obligations.	14797

(Q) The issuing authority may pledge all, or such portion as	14798
the issuing authority determines, of the pledged receipts to the	14799
payment of bond service charges on obligations issued under this	14800
section, and for the establishment and maintenance of any	14801
reserves, as provided in the bond proceedings, and make other	14802
provisions therein with respect to pledged receipts as authorized	14803
by this chapter, which provisions are controlling notwithstanding	14804
any other provisions of law pertaining thereto.	14805

(R) The issuing authority may covenant in the bond	14806
proceedings, and any such covenants are controlling	14807
notwithstanding any other provision of law, that the state and	14808
applicable officers and governmental agencies of the state,	14809
including the general assembly, so long as any obligations are	14810
outstanding, shall:	14811

(1) Maintain statutory authority for and cause to be charged	14812
and collected wholesale and retail prices for spirituous liquor	14813
sold by the state or its agents so that the pledged receipts are	14814
sufficient in amount to meet bond service charges, and the	14815
establishment and maintenance of any reserves and other	14816
requirements provided for in the bond proceedings, and, as	14817
necessary, to meet covenants contained in contracts of guarantee	14818
made under section 166.06 of the Revised Code;	14819

(2) Take or permit no action, by statute or otherwise, that	14820
would impair the exemption from federal income taxation of the	14821
interest on the obligations.	14822

(S) There is hereby created the economic development bond	14823
service fund, which shall be in the custody of the treasurer of	14824
state but shall be separate and apart from and not a part of the	14825
state treasury. All moneys received by or on account of the	14826
issuing authority or state agencies and required by the applicable	14827
bond proceedings, consistent with this section, to be deposited,	14828
transferred, or credited to a bond service fund or the economic	14829
development bond service fund, and all other moneys transferred or	14830
allocated to or received for the purposes of the fund, shall be	14831
deposited and credited to such fund and to any separate accounts	14832
therein, subject to applicable provisions of the bond proceedings,	14833
but without necessity for any act of appropriation. During the	14834
period beginning with the date of the first issuance of	14835
obligations and continuing during such time as any such	14836
obligations are outstanding, and so long as moneys in the	14837
pertinent bond service funds are insufficient to pay all bond	14838
services charges on such obligations becoming due in each year, a	14839
sufficient amount of the gross profit on the sale of spirituous	14840
liquor included in pledged receipts are committed and shall be	14841
paid to the bond service fund or economic development bond service	14842
fund in each year for the purpose of paying the bond service	14843
charges becoming due in that year without necessity for further	14844
act of appropriation for such purpose and notwithstanding anything	14845
to the contrary in Chapter 4301. of the Revised Code. The economic	14846
development bond service fund is a trust fund and is hereby	14847
pledged to the payment of bond service charges to the extent	14848
provided in the applicable bond proceedings, and payment thereof	14849
from such fund shall be made or provided for by the treasurer of	14850
state in accordance with such bond proceedings without necessity	14851
for any act of appropriation.	14852

(T) The obligations, the transfer thereof, and the income	14853
therefrom, including any profit made on the sale thereof, shall at	14854
all times be free from taxation within the state.	14855

Sec. 166.25. (A) The director of development services, with	14856
the approval of the controlling board and subject to the other	14857
applicable provisions of this chapter, may lend money in the	14858
logistics and distribution infrastructure fund ~~and the logistics~~	14859
~~and distribution infrastructure taxable bond fund~~ to persons for	14860
the purpose of paying allowable costs of eligible logistics and	14861
distribution projects.	14862

(B) In determining the eligible logistics and distribution	14863
projects to be assisted and the nature, amount, and terms of	14864
assistance to be provided for an eligible logistics and	14865
distribution project, the director shall consult with appropriate	14866
governmental agencies, including the department of transportation	14867
and the Ohio rail development commission.	14868

(C) Any loan made pursuant to this section shall be evidenced	14869
by a loan agreement, which shall contain such terms as the	14870
director determines necessary or appropriate, including	14871
performance measures and reporting requirements. The director may	14872
take actions necessary or appropriate to collect or otherwise deal	14873
with any loan made under this section, including requiring a loan	14874
recipient to repay the amount of the loan plus interest at a rate	14875
of three per cent above the federal short term interest rate or	14876
any other rate determined by the director.	14877

Sec. 169.02. Subject to division (B) of section 169.01 of	14878
the Revised Code, the following constitute unclaimed funds:	14879

(A) Except as provided in division (R) of this section, any	14880
demand, savings, or matured time deposit account, or matured	14881
certificate of deposit, together with any interest or dividend on	14882
it, less any lawful claims, that is held or owed by a holder which	14883
is a financial organization, unclaimed for a period of five years;	14884

(B) Any funds paid toward the purchase of withdrawable shares	14885
or other interest in a financial organization, and any interest or	14886
dividends on them, less any lawful claims, that is held or owed by	14887
a holder which is a financial organization, unclaimed for a period	14888
of five years;	14889

(C) Except as provided in division (A) of section 3903.45 of	14890
the Revised Code, moneys held or owed by a holder, including a	14891
fraternal association, providing life insurance, including annuity	14892
or endowment coverage, unclaimed for three years after becoming	14893
payable as established from the records of such holder under any	14894
life or endowment insurance policy or annuity contract that has	14895
matured or terminated. An insurance policy, the proceeds of which	14896
are payable on the death of the insured, not matured by proof of	14897
death of the insured is deemed matured and the proceeds payable if	14898
such policy was in force when the insured attained the limiting	14899
age under the mortality table on which the reserve is based.	14900

Moneys otherwise payable according to the records of such	14901
holder are deemed payable although the policy or contract has not	14902
been surrendered as required.	14903

(D) Any deposit made to secure payment or any sum paid in	14904
advance for utility services of a public utility and any amount	14905
refundable from rates or charges collected by a public utility for	14906
utility services held or owed by a holder, less any lawful claims,	14907
that has remained unclaimed for one year after the termination of	14908
the services for which the deposit or advance payment was made or	14909
one year from the date the refund was payable, whichever is	14910
earlier;	14911

(E) Except as provided in division (R) of this section, any	14912
certificates, securities as defined in section 1707.01 of the	14913
Revised Code, nonwithdrawable shares, other instruments evidencing	14914
ownership, or rights to them or funds paid toward the purchase of	14915
them, or any dividend, capital credit, profit, distribution,	14916
interest, or payment on principal or other sum, held or owed by a	14917
holder, including funds deposited with a fiscal agent or fiduciary	14918
for payment of them, and instruments representing an ownership	14919
interest, unclaimed for five years. Any underlying share or other	14920
intangible instrument representing an ownership interest in a	14921
business association, in which the issuer has recorded on its	14922
books the issuance of the share but has been unable to deliver the	14923
certificate to the shareholder, constitutes unclaimed funds if	14924
such underlying share is unclaimed for five years. In addition, an	14925
underlying share constitutes unclaimed funds if a dividend,	14926
distribution, or other sum payable as a result of the underlying	14927
share has remained unclaimed by the owner for five years.	14928

This division shall not prejudice the rights of fiscal agents	14929
or fiduciaries for payment to return the items described in this	14930
division to their principals, according to the terms of an agency	14931
or fiduciary agreement, but such a return shall constitute the	14932
principal as the holder of the items and shall not interrupt the	14933
period for computing the time for which the items have remained	14934
unclaimed.	14935

In the case of any such funds accruing and held or owed by a	14936
corporation under division (E) of section 1701.24 of the Revised	14937
Code, such corporation shall comply with this chapter, subject to	14938
the limitation contained in section 1701.34 of the Revised Code.	14939
The period of time for which such funds have gone unclaimed	14940
specified in section 1701.34 of the Revised Code shall be	14941
computed, with respect to dividends or distributions, commencing	14942
as of the dates when such dividends or distributions would have	14943
been payable to the shareholder had such shareholder surrendered	14944
the certificates for cancellation and exchange by the date	14945
specified in the order relating to them.	14946

Capital credits of a cooperative which after January 1, 1972,	14947
have been allocated to members and which by agreement are	14948
expressly required to be paid if claimed after death of the owner	14949
are deemed payable, for the purpose of this chapter, fifteen years	14950
after either the termination of service by the cooperative to the	14951
owner or upon the nonactivity as provided in division (B) of	14952
section 169.01 of the Revised Code, whichever occurs later,	14953
provided that this provision does not apply if the payment is not	14954
mandatory.	14955

(F) Any sum payable on certified checks or other written	14956
instruments certified or issued and representing funds held or	14957
owed by a holder, less any lawful claims, that are unclaimed for	14958
five years from the date payable or from the date of issuance if	14959
payable on demand; except that the unclaimed period for money	14960
orders that are not third party bank checks is seven years, and	14961
the unclaimed period for traveler's checks is fifteen years, from	14962
the date payable or from the date of issuance if payable on	14963
demand.	14964

As used in this division, "written instruments" include, but	14965
are not limited to, certified checks, cashier's checks, bills of	14966
exchange, letters of credit, drafts, money orders, and traveler's	14967
checks.	14968

If there is no address of record for the owner or other	14969
person entitled to the funds, such address is presumed to be the	14970
address where the instrument was certified or issued.	14971

(G) Except as provided in division (R) of this section, all	14972
moneys, rights to moneys, or other intangible property, arising	14973
out of the business of engaging in the purchase or sale of	14974
securities, or otherwise dealing in intangibles, less any lawful	14975
claims, that are held or owed by a holder and are unclaimed for	14976
five years from the date of transaction.	14977

(H) Except as provided in division (A) of section 3903.45 of	14978
the Revised Code, all moneys, rights to moneys, and other	14979
intangible property distributable in the course of dissolution or	14980
liquidation of a holder that are unclaimed for one year after the	14981
date set by the holder for distribution;	14982

(I) All moneys, rights to moneys, or other intangible	14983
property removed from a safe-deposit box or other safekeeping	14984
repository located in this state or removed from a safe-deposit	14985
box or other safekeeping repository of a holder, on which the	14986
lease or rental period has expired, or any amount arising from the	14987
sale of such property, less any lawful claims, that are unclaimed	14988
for three years from the date on which the lease or rental period	14989
expired;	14990

(J) Subject to division (M)(2) of this section, all moneys,	14991
rights to moneys, or other intangible property, and any income or	14992
increment on them, held or owed by a holder which is a fiduciary	14993
for the benefit of another, or a fiduciary or custodian of a	14994
qualified retirement plan or individual retirement arrangement	14995
under section 401 or 408 of the Internal Revenue Code, unclaimed	14996
for three years after the final date for distribution;	14997

(K) All moneys, rights to moneys, or other intangible	14998
property held or owed in this state or held for or owed to an	14999
owner whose last known address is within this state, by the United	15000
States government or any state, as those terms are described in	15001
division (E) of section 169.01 of the Revised Code, unclaimed by	15002
the owner for three years, excluding any property in the control	15003
of any court in a proceeding in which a final adjudication has not	15004
been made;	15005

(L) Amounts payable pursuant to the terms of any policy of	15006
insurance, other than life insurance, or any refund available	15007
under such a policy, held or owed by any holder, unclaimed for	15008
three years from the date payable or distributable;	15009

(M)(1) Subject to division (M)(2) of this section, any funds	15010
constituting rents or lease payments due, any deposit made to	15011
secure payment of rents or leases, or any sum paid in advance for	15012
rents, leases, possible damage to property, unused services,	15013
performance requirements, or any other purpose, held or owed by a	15014
holder unclaimed for one year;	15015

(2) Any escrow funds, security deposits, or other moneys that	15016
are received by a licensed broker in a fiduciary capacity and	15017
that, pursuant to division (A)(26) of section 4735.18 of the	15018
Revised Code, are required to be deposited into and maintained in	15019
a special or trust, noninterest-bearing bank account separate and	15020
distinct from any personal or other account of the licensed	15021
broker, held or owed by the licensed broker unclaimed for two	15022
years.	15023

(N) Any sum greater than fifty dollars payable as wages, any	15024
sum payable as salaries or commissions, any sum payable for	15025
services rendered, funds owed or held as royalties, oil and	15026
mineral proceeds, funds held for or owed to suppliers, and moneys	15027
owed under pension and profit-sharing plans, held or owed by any	15028
holder unclaimed for one year from date payable or distributable,	15029
and all other credits held or owed, or to be refunded to a retail	15030
customer, by any holder unclaimed for three years from date	15031
payable or distributable;	15032

(O) Amounts held in respect of or represented by lay-aways	15033
sold after January 1, 1972, less any lawful claims, when such	15034
lay-aways are unclaimed for three years after the sale of them;	15035

(P) All moneys, rights to moneys, and other intangible	15036
property not otherwise constituted as unclaimed funds by this	15037
section, including any income or increment on them, less any	15038
lawful claims, which are held or owed by any holder, other than a	15039
holder which holds a permit issued pursuant to Chapter 3769. of	15040
the Revised Code, and which have remained unclaimed for three	15041
years after becoming payable or distributable;	15042

(Q) All moneys that arise out of a sale held pursuant to	15043
section 5322.03 of the Revised Code, that are held by a holder for	15044
delivery on demand to the appropriate person pursuant to division	15045
(I) of that section, and that are unclaimed for two years after	15046
the date of the sale.	15047

(R)(1) Any funds that are subject to an agreement between the	15048
holder and owner providing for automatic reinvestment and that	15049
constitute dividends, distributions, or other sums held or owed by	15050
a holder in connection with a security as defined in section	15051
1707.01 of the Revised Code, an ownership interest in an	15052
investment company registered under the "Investment Company Act of	15053
1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a certificate	15054
of deposit, unclaimed for a period of five years.	15055

(2) The five-year period under division (R)(1) of this	15056
section commences from the date a second shareholder notification	15057
or communication mailing to the owner of the funds is returned to	15058
the holder as undeliverable by the United States postal service or	15059
other carrier. The notification or communication mailing by the	15060
holder shall be no less frequent than quarterly.	15061

All moneys in a personal allowance account, as defined by	15062
rules adopted by the medicaid director ~~of job and family services~~,	15063
up to and including the maximum resource limitation, of a medicaid	15064
~~patient~~recipient who has died after receiving care in a long-term	15065
care facility, and for whom there is no identifiable heir or	15066
sponsor, are not subject to this chapter.	15067

Sec. 173.03. (A) There is hereby created the Ohio advisory	15068
council for the aging, which shall consist of twelve members to be	15069
appointed by the governor with the advice and consent of the	15070
senate. Two ex officio members of the council shall be members of	15071
the house of representatives appointed by the speaker of the house	15072
of representatives and shall be members of two different political	15073
parties. Two ex officio members of the council shall be members of	15074
the senate appointed by the president of the senate and shall be	15075
members of two different political parties. The medicaid director	15076
and directors of ~~mental health~~mental health and addiction	15077
services, developmental disabilities, health, and job and family	15078
services, or their designees, shall serve as ex officio members of	15079
the council. The council shall carry out its role as defined under	15080
the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001,	15081
as amended.	15082

At the first meeting of the council, and annually thereafter,	15083
the members shall select one of their members to serve as	15084
chairperson and one of their members to serve as vice-chairperson.	15085

(B) Members of the council shall be appointed for a term of	15086
three years, except that for the first appointment members of the	15087
Ohio commission on aging who were serving on the commission	15088
immediately prior to July 26, 1984, shall become members of the	15089
council for the remainder of their unexpired terms. Thereafter,	15090
appointment to the council shall be for a three-year term by the	15091
governor. Each member shall hold office from the date of	15092
appointment until the end of the term for which the member was	15093
appointed. Any member appointed to fill a vacancy occurring prior	15094
to the expiration of the term for which the member's predecessor	15095
was appointed shall hold office for the remainder of the term. No	15096
member shall continue in office subsequent to the expiration date	15097
of the member's term unless reappointed under the provisions of	15098
this section, and no member shall serve more than three	15099
consecutive terms on the council.	15100

(C) Membership of the council shall represent all areas of	15101
Ohio and shall be as follows:	15102

(1) A majority of members of the council shall have attained	15103
the age of ~~sixty~~fifty and have a knowledge of and continuing	15104
interest in the affairs and welfare of the older citizens of Ohio.	15105
The fields of business, labor, health, law, and human services	15106
shall be represented in the membership.	15107

(2) No more than seven members shall be of the same political	15108
party.	15109

(D) Any member of the council may be removed from office by	15110
the governor for neglect of duty, misconduct, or malfeasance in	15111
office after being informed in writing of the charges and afforded	15112
an opportunity for a hearing. Two consecutive unexcused absences	15113
from regularly scheduled meetings constitute neglect of duty.	15114

(E) The director of aging may reimburse a member for actual	15115
and necessary traveling and other expenses incurred in the	15116
discharge of official duties. But reimbursement shall be made in	15117
the manner and at rates that do not exceed those prescribed by the	15118
director of budget and management for any officer, member, or	15119
employee of, or consultant to, any state agency.	15120

(F) Council members are not limited as to the number of terms	15121
they may serve.	15122

(G)(1) The department of aging may award grants to or enter	15123
into contracts with a member of the advisory council or an entity	15124
that the member represents if any of the following apply:	15125

(a) The department determines that the member or the entity	15126
the member represents is capable of providing the goods or	15127
services specified under the terms of the grant or contract.	15128

(b) The member has not taken part in any discussion or vote	15129
of the council related to whether the council should recommend	15130
that the department of aging award the grant to or enter into the	15131
contract with the member of the advisory council or the entity	15132
that the member represents.	15133

(2) A member of the advisory council is not in violation of	15134
Chapter 102. or section 2921.42 of the Revised Code with regard to	15135
receiving a grant or entering into a contract under this section	15136
if the conditions of division (G)(1)(a) and (b) of this section	15137
have been met.	15138

Sec. 173.14. As used in sections 173.14 to 173.27 of the	15139
Revised Code:	15140

(A)(1) Except as otherwise provided in division (A)(2) of	15141
this section, "long-term care facility" includes any residential	15142
facility that provides personal care services for more than	15143
twenty-four hours for one or more unrelated adults, including all	15144
of the following:	15145

(a) A "nursing home," "residential care facility," or "home	15146
for the aging" as defined in section 3721.01 of the Revised Code;	15147

(b) A facility authorized to provide extended care services	15148
under Title XVIII of the "Social Security Act," 49 Stat. 620	15149
(1935), 42 U.S.C. 301, as amended, including a long-term acute	15150
care hospital that provides medical and rehabilitative care to	15151
patients who require an average length of stay greater than	15152
twenty-five days and is classified by the centers for medicare and	15153
medicaid services as a long-term care hospital pursuant to 42	15154
C.F.R. 412.23(e);	15155

(c) A county home or district home operated pursuant to	15156
Chapter 5155. of the Revised Code;	15157

(d) A residential facility licensed under section ~~5119.22~~	15158
5119.34 of the Revised Code that provides accommodations,	15159
supervision, and personal care services for three to sixteen	15160
unrelated adults or accommodations and personal care services for	15161
only one or two adults who are ~~recipients under the~~receiving	15162
residential state supplement program;	15163

(e) A facility approved by the veterans administration under	15164
section 104(a) of the "Veterans Health Care Amendments of 1983,"	15165
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	15166
the placement and care of veterans.	15167

(2) "Long-term care facility" does not include a residential	15168
facility licensed under section 5123.19 of the Revised Code.	15169

(B) "Resident" means a resident of a long-term care facility	15170
and, where appropriate, includes a prospective, previous, or	15171
deceased resident of a long-term care facility.	15172

(C) "Community-based long-term care services" means health	15173
and social services provided to persons in their own homes or in	15174
community care settings, and includes any of the following:	15175

(1) Case management;

15176

(2) Home health care;

15177

(3) Homemaker services;

15178

(4) Chore services;

15179

(5) Respite care;

15180

(6) Adult day care;

15181

(7) Home-delivered meals;

15182

(8) Personal care;

15183

(9) Physical, occupational, and speech therapy;

15184

(10) Transportation;

15185

(11) Any other health and social services provided to persons	15186
that allow them to retain their independence in their own homes or	15187
in community care settings.	15188

(D) "Recipient" means a recipient of community-based	15189
long-term care services and, where appropriate, includes a	15190
prospective, previous, or deceased recipient of community-based	15191
long-term care services.	15192

(E) "Sponsor" means an adult relative, friend, or guardian	15193
who has an interest in or responsibility for the welfare of a	15194
resident or a recipient.	15195

(F) "Personal care services" has the same meaning as in	15196
section 3721.01 of the Revised Code.	15197

(G) "Regional long-term care ombudsperson program" means an	15198
entity, either public or private and nonprofit, designated as a	15199
regional long-term care ombudsperson program by the state	15200
long-term care ombudsperson.	15201

(H) "Representative of the office of the state long-term care	15202
ombudsperson program" means the state long-term care ombudsperson	15203
or a member of the ombudsperson's staff, or a person certified as	15204
a representative of the office under section 173.21 of the Revised	15205
Code.	15206

(I) "Area agency on aging" means an area agency on aging	15207
established under the "Older Americans Act of 1965," 79 Stat. 219,	15208
42 U.S.C.A. 3001, as amended.	15209

Sec. 173.17. (A) The state long-term care ~~ombudsperson~~	15210
ombudsman shall do all of the following:	15211

(1) Appoint a staff and direct and administer the work of the	15212
staff;	15213

(2) Supervise the nursing home investigative unit established	15214
under division (I) of section 173.01 of the Revised Code;	15215

(3) Oversee the performance and operation of the office of	15216
the state long-term care ~~ombudsperson~~ombudsman program, including	15217
the operation of regional long-term care ~~ombudsperson~~ombudsman	15218
programs;	15219

(4) Establish and maintain a statewide uniform reporting	15220
system to collect and analyze information relating to complaints	15221
and conditions in long-term care facilities and complaints	15222
regarding the provision of community-based long-term care services	15223
for the purpose of identifying and resolving significant problems;	15224

(5) Provide for public forums to discuss concerns and	15225
problems relating to action, inaction, or decisions that may	15226
adversely affect the health, safety, welfare, or rights of	15227
residents and recipients of services by providers of long-term	15228
care and their representatives, public agencies and entities, and	15229
social service agencies. This may include any of the following:	15230
conducting public hearings; sponsoring workshops and conferences;	15231
holding meetings for the purpose of obtaining information about	15232
residents and recipients, discussing and publicizing their needs,	15233
and advocating solutions to their problems; and promoting the	15234
development of citizen organizations.	15235

(6) Encourage, cooperate with, and assist in the development	15236
and operation of services to provide current, objective, and	15237
verified information about long-term care;	15238

(7) Develop and implement, with the assistance of regional	15239
programs, a continuing program to publicize, through the media and	15240
civic organizations, the office, its purposes, and its methods of	15241
operation;	15242

(8) Maintain written descriptions of the duties and	15243
qualifications of representatives of the office;	15244

(9) Evaluate and make known concerns and issues regarding	15245
long-term care by doing all of the following:	15246

(a) Preparing an annual report containing information and	15247
findings regarding the types of problems experienced by residents	15248
and recipients and the complaints made by or on behalf of	15249
residents and recipients. The report shall include recommendations	15250
for policy, regulatory, and legislative changes to solve problems,	15251
resolve complaints, and improve the quality of care and life for	15252
residents and recipients and shall be submitted to the governor,	15253
the speaker of the house of representatives, the president of the	15254
senate, the directors of health and of job and family services,	15255
and the commissioner of the administration on aging of the United	15256
States department of health and human services.	15257

(b) Monitoring and analyzing the development and	15258
implementation of federal, state, and local laws, rules, and	15259
policies regarding long-term care services in this state and	15260
recommending to officials changes the office considers appropriate	15261
in these laws, rules, and policies;	15262

(c) Providing information and making recommendations to	15263
public agencies, members of the general assembly, and others	15264
regarding problems and concerns of residents and recipients.	15265

(10) Conduct training for employees and volunteers on	15266
~~ombudsperson's~~ombudsman's staff and for representatives of the	15267
office employed by regional programs;	15268

(11) Monitor the training of representatives of the office	15269
who provide volunteer services to regional programs, and provide	15270
technical assistance to the regional programs in conducting the	15271
training;	15272

(12) Issue certificates attesting to the successful	15273
completion of training and specifying the level of responsibility	15274
for which a representative of the office who has completed	15275
training is qualified;	15276

(13) Register as a residents' rights advocate with the	15277
department of health under division (B) of section 3701.07 of the	15278
Revised Code;	15279

(14) Perform other duties specified by the department of	15280
aging.	15281

(B) The state ~~ombudsperson~~ombudsman may delegate any of the	15282
~~ombudsperson's~~ombudsman's authority or duties under sections	15283
173.14 to 173.26 of the Revised Code to any member of the	15284
~~ombudsperson's~~ombudsman's staff. The state ~~ombudsperson~~ombudsman	15285
is responsible for any authority or duties the ~~ombudsperson~~	15286
ombudsman delegates.	15287

Sec. 173.19. (A) The office of the state long-term care	15288
~~ombudsperson~~ombudsman program, through the state long-term care	15289
~~ombudsperson~~ombudsman and the regional long-term care	15290
~~ombudsperson~~ombudsman programs, shall receive, investigate, and	15291
attempt to resolve complaints made by residents, recipients,	15292
sponsors, providers of long-term care, or any person acting on	15293
behalf of a resident or recipient, relating to either of the	15294
following:	15295

(1) The health, safety, welfare, or civil rights of a	15296
resident or recipient or any violation of a resident's rights	15297
described in sections 3721.10 to 3721.17 of the Revised Code;	15298

(2) Any action or inaction or decision by a provider of	15299
long-term care or representative of a provider, a governmental	15300
entity, or a private social service agency that may adversely	15301
affect the health, safety, welfare, or rights of a resident or	15302
recipient.	15303

(B) The department of aging shall adopt rules in accordance	15304
with Chapter 119. of the Revised Code regarding the handling of	15305
complaints received under this section, including procedures for	15306
conducting investigations of complaints. The rules shall include	15307
procedures to ensure that no representative of the office	15308
investigates any complaint involving a provider of long-term care	15309
with which the representative was once employed or associated.	15310

The state ~~ombudsperson~~ombudsman and regional programs shall	15311
establish procedures for handling complaints consistent with the	15312
department's rules. Complaints shall be dealt with in accordance	15313
with the procedures established under this division.	15314

(C) The office of the state long-term care ~~ombudsperson~~	15315
ombudsman program may decline to investigate any complaint if it	15316
determines any of the following:	15317

(1) That the complaint is frivolous, vexatious, or not made	15318
in good faith;	15319

(2) That the complaint was made so long after the occurrence	15320
of the incident on which it is based that it is no longer	15321
reasonable to conduct an investigation;	15322

(3) That an adequate investigation cannot be conducted	15323
because of insufficient funds, insufficient staff, lack of staff	15324
expertise, or any other reasonable factor that would result in an	15325
inadequate investigation despite a good faith effort;	15326

(4) That an investigation by the office would create a real	15327
or apparent conflict of interest.	15328

(D) If a regional long-term care ~~ombudsperson~~ombudsman	15329
program declines to investigate a complaint, it shall refer the	15330
complaint to the state long-term care ~~ombudsperson~~ombudsman.	15331

(E) Each complaint to be investigated by a regional program	15332
shall be assigned to a representative of the office of the state	15333
long-term care ~~ombudsperson~~ombudsman program. If the	15334
representative determines that the complaint is valid, the	15335
representative shall assist the parties in attempting to resolve	15336
it. If the representative is unable to resolve it, the	15337
representative shall refer the complaint to the state ~~ombudsperson~~	15338
ombudsman.	15339

In order to carry out the duties of sections 173.14 to 173.26	15340
of the Revised Code, a representative has the right to private	15341
communication with residents and their sponsors and access to	15342
long-term care facilities, including the right to tour resident	15343
areas unescorted and the right to tour facilities unescorted as	15344
reasonably necessary to the investigation of a complaint. Access	15345
to facilities shall be during reasonable hours or, during	15346
investigation of a complaint, at other times appropriate to the	15347
complaint.	15348

When community-based long-term care services are provided at	15349
a location other than the recipient's home, a representative has	15350
the right to private communication with the recipient and the	15351
recipient's sponsors and access to the community-based long-term	15352
care site, including the right to tour the site unescorted. Access	15353
to the site shall be during reasonable hours or, during the	15354
investigation of a complaint, at other times appropriate to the	15355
complaint.	15356

(F) The state ~~ombudsperson~~ombudsman shall determine whether	15357
complaints referred to the ~~ombudsperson~~ombudsman under division	15358
(D) or (E) of this section warrant investigation. The	15359
~~ombudsperson's~~ombudsman's determination in this matter is final.	15360

Sec. 173.20. (A) If consent is given and unless otherwise	15361
prohibited by law, a representative of the office of the state	15362
long-term care ombudsman program shall have access to any records,	15363
including medical records, of a resident or a recipient that are	15364
reasonably necessary for investigation of a complaint. Consent may	15365
be given in any of the following ways:	15366

(1) In writing by the resident or recipient;

15367

(2) Orally by the resident or recipient, witnessed in writing	15368
at the time it is given by one other person, and, if the records	15369
involved are being maintained by a long-term care provider, also	15370
by an employee of the long-term care provider designated under	15371
division (E)(1) of this section;	15372

(3) In writing by the guardian of the resident or recipient;

15373

(4) In writing by the attorney in fact of the resident or	15374
recipient, if the resident or recipient has authorized the	15375
attorney in fact to give such consent;	15376

(5) In writing by the executor or administrator of the estate	15377
of a deceased resident or recipient.	15378

(B) If consent to access to records is not refused by a	15379
resident or recipient or ~~his~~the resident's or recipient's legal	15380
representative but cannot be obtained and any of the following	15381
circumstances exist, a representative of the office of the state	15382
long-term care ombudsman program, on approval of the state	15383
long-term care ombudsman, may inspect the records of a resident or	15384
a recipient, including medical records, that are reasonably	15385
necessary for investigation of a complaint:	15386

(1) The resident or recipient is unable to express written or	15387
oral consent and there is no guardian or attorney in fact;	15388

(2) There is a guardian or attorney in fact, but hethe	15389
guardian or attorney in fact cannot be contacted within three	15390
working days;	15391

(3) There is a guardianship or durable power of attorney, but	15392
its existence is unknown by the long-term care provider and the	15393
representative of the office at the time of the investigation;	15394

(4) There is no executor or administrator of the estate of a	15395
deceased resident or recipient.	15396

(C) If a representative of the office of the state long-term	15397
care ombudsman program has been refused access to records by a	15398
guardian or attorney in fact, but has reasonable cause to believe	15399
that the guardian or attorney in fact is not acting in the best	15400
interests of the resident or recipient, the representative may, on	15401
approval of the state long-term care ombudsman, inspect the	15402
records of the resident or recipient, including medical records,	15403
that are reasonably necessary for investigation of a complaint.	15404

(D) A representative of the office of the state long-term	15405
care ombudsman program shall have access to any records of a	15406
long-term care provider reasonably necessary to an investigation	15407
conducted under this section, including but not limited to:	15408
incident reports, dietary records, policies and procedures of a	15409
facility required to be maintained under section ~~5111.21~~5165.06	15410
of the Revised Code, admission agreements, staffing schedules, any	15411
document depicting the actual staffing pattern of the provider,	15412
any financial records that are matters of public record, resident	15413
council and grievance committee minutes, and any waiting list	15414
maintained by a facility in accordance with section ~~5111.31~~	15415
5165.08 of the Revised Code, or any similar records or lists	15416
maintained by a provider of community-based long-term care	15417
services. Pursuant to division (E)(2) of this section, a	15418
representative shall be permitted to make or obtain copies of any	15419
of these records after giving the long-term care provider	15420
twenty-four hours' notice. A long-term care provider may impose a	15421
charge for providing copies of records under this division that	15422
does not exceed the actual and necessary expense of making the	15423
copies.	15424

The state ombudsman shall take whatever action is necessary	15425
to ensure that any copy of a record made or obtained under this	15426
division is returned to the long-term care provider no later than	15427
three years after the date the investigation for which the copy	15428
was made or obtained is completed.	15429

(E)(1) Each long-term care provider shall designate one or	15430
more of its employees to be responsible for witnessing the giving	15431
of oral consent under division (A) of this section. In the event	15432
that a designated employee is not available when a resident or	15433
recipient attempts to give oral consent, the provider shall	15434
designate another employee to witness the consent.	15435

(2) Each long-term care provider shall designate one or more	15436
of its employees to be responsible for releasing records for	15437
copying to representatives of the office of the long-term care	15438
ombudsman program who request permission to make or obtain copies	15439
of records specified in division (D) of this section. In the event	15440
that a designated employee is not available when a representative	15441
of the office makes the request, the long-term care provider shall	15442
designate another employee to release the records for copying.	15443

(F) A long-term care provider or any employee of such a	15444
provider is immune from civil or criminal liability or action	15445
taken pursuant to a professional disciplinary procedure for the	15446
release or disclosure of records to a representative of the office	15447
pursuant to this section.	15448

(G) A state or local government agency or entity with records	15449
relevant to a complaint or investigation being conducted by a	15450
representative of the office shall provide the representative	15451
access to the records.	15452

(H) The state ombudsman, with the approval of the director of	15453
aging, may issue a subpoena to compel any person hethe ombudsman	15454
reasonably believes may be able to provide information to appear	15455
before ~~him~~the ombudsman or ~~his~~the ombudsman's designee and give	15456
sworn testimony and to produce documents, books, records, papers,	15457
or other evidence the state ombudsman believes is relevant to the	15458
investigation. On the refusal of a witness to be sworn or to	15459
answer any question put to ~~him~~the witness, or if a person	15460
disobeys a subpoena, the ombudsman shall apply to the Franklin	15461
county court of common pleas for a contempt order, as in the case	15462
of disobedience of the requirements of a subpoena issued from the	15463
court, or a refusal to testify in the court.	15464

(I) The state ombudsman may petition the court of common	15465
pleas in the county in which a long-term care facility is located	15466
to issue an injunction against any long-term care facility in	15467
violation of sections 3721.10 to 3721.17 of the Revised Code.	15468

(J) Any suspected violation of Chapter 3721. of the Revised	15469
Code discovered during the course of an investigation may be	15470
reported to the department of health. Any suspected criminal	15471
violation discovered during the course of an investigation shall	15472
be reported to the attorney general or other appropriate law	15473
enforcement authorities.	15474

(K) The department of aging shall adopt rules in accordance	15475
with Chapter 119. of the Revised Code for referral by the state	15476
ombudsman and regional long-term care ombudsman programs of	15477
complaints to other public agencies or entities. A public agency	15478
or entity to which a complaint is referred shall keep the state	15479
ombudsman or regional program handling the complaint advised and	15480
notified in writing in a timely manner of the disposition of the	15481
complaint to the extent permitted by law.	15482

Sec. 173.21. (A) The office of the state long-term care	15483
~~ombudsperson~~ombudsman program, through the state long-term care	15484
~~ombudsperson~~ombudsman and the regional long-term care	15485
~~ombudsperson~~ombudsman programs, shall require each representative	15486
of the office to complete a training and certification program in	15487
accordance with this section and to meet the continuing education	15488
requirements established under this section.	15489

(B) The department of aging shall adopt rules under Chapter	15490
119. of the Revised Code specifying the content of training	15491
programs for representatives of the office of the state long-term	15492
care ~~ombudsperson~~ombudsman program. Training for representatives	15493
other than those who are volunteers providing services through	15494
regional long-term care ~~ombudsperson~~ombudsman programs shall	15495
include instruction regarding federal, state, and local laws,	15496
rules, and policies on long-term care facilities and	15497
community-based long-term care services; investigative techniques;	15498
and other topics considered relevant by the department and shall	15499
consist of the following:	15500

(1) A minimum of forty clock hours of basic instruction,	15501
which shall be completed before the trainee is permitted to handle	15502
complaints without the supervision of a representative of the	15503
office certified under this section;	15504

(2) An additional sixty clock hours of instruction, which	15505
shall be completed within the first fifteen months of employment;	15506

(3) An internship of twenty clock hours, which shall be	15507
completed within the first twenty-four months of employment,	15508
including instruction in, and observation of, basic nursing care	15509
and long-term care provider operations and procedures. The	15510
internship shall be performed at a site that has been approved as	15511
an internship site by the state long-term care ~~ombudsperson~~	15512
ombudsman.	15513

(4) One of the following, which shall be completed within the	15514
first twenty-four months of employment:	15515

(a) Observation of a survey conducted by the director of	15516
health to certify a nursing facility to ~~receive funds under~~	15517
~~sections 5111.20 to 5111.32 of the Revised Code~~participate in the	15518
medicaid program;	15519

(b) Observation of an inspection conducted by the director of	15520
~~mental health~~mental health and addiction services to license a	15521
residential facility under section ~~5119.22~~5119.34 of the Revised	15522
Code that provides accommodations, supervision, and personal care	15523
services for three to sixteen unrelated adults.	15524

(5) Any other training considered appropriate by the	15525
department.	15526

(C) ~~Persons~~Any person who for a period of at least six	15527
months prior to June 11, 1990, served as ~~ombudsmen~~an ombudsman	15528
through the long-term care ~~ombudsperson~~ombudsman program	15529
established by the department of aging under division (M) of	15530
section 173.01 of the Revised Code shall not be required to	15531
complete a training program. ~~These persons~~Such a person and	15532
persons who complete a training program shall take an examination	15533
administered by the department of aging. On attainment of a	15534
passing score, the person shall be certified by the department as	15535
a representative of the office. The department shall issue the	15536
person an identification card, which the representative shall show	15537
at the request of any person with whom the representative deals	15538
while performing the representative's duties and which shall be	15539
surrendered at the time the representative separates from the	15540
office.	15541

(D) The state ~~ombudsperson~~ombudsman and each regional	15542
program shall conduct training programs for volunteers on their	15543
respective staffs in accordance with the rules of the department	15544
of aging adopted under division (B) of this section. Training	15545
programs may be conducted that train volunteers to complete some,	15546
but not all, of the duties of a representative of the office. Each	15547
regional office shall bear the cost of training its	15548
representatives who are volunteers. On completion of a training	15549
program, the representative shall take an examination administered	15550
by the department of aging. On attainment of a passing score, a	15551
volunteer shall be certified by the department as a representative	15552
authorized to perform services specified in the certification. The	15553
department shall issue an identification card, which the	15554
representative shall show at the request of any person with whom	15555
the representative deals while performing the representative's	15556
duties and which shall be surrendered at the time the	15557
representative separates from the office. Except as a supervised	15558
part of a training program, no volunteer shall perform any duty	15559
unless he is certified as a representative having received	15560
appropriate training for that duty.	15561

(E) The state ~~ombudsperson~~ombudsman shall provide technical	15562
assistance to regional programs conducting training programs for	15563
volunteers and shall monitor the training programs.	15564

(F) Prior to scheduling an observation of a certification	15565
survey or licensing inspection for purposes of division (B)(4) of	15566
this section, the state ~~ombudsperson~~ombudsman shall obtain	15567
permission to have the survey or inspection observed from both the	15568
director of health and the long-term care facility at which the	15569
survey or inspection is to take place.	15570

(G) The department of aging shall establish continuing	15571
education requirements for representatives of the office.	15572

Sec. 173.23. (A) Representatives of the office of the state	15573
long-term care ~~ombudsperson~~ombudsman program are immune from	15574
civil or criminal liability for any action taken in the good faith	15575
performance of their official duties under sections 173.14 to	15576
173.26 of the Revised Code.	15577

(B) A person acting in good faith is immune from civil or	15578
criminal liability incident to any of the following: providing	15579
information to the office, participating in registration of a	15580
complaint with the office, participating in investigation of a	15581
complaint by the office, or participating in an administrative or	15582
judicial proceeding resulting from a complaint.	15583

(C) No person shall knowingly register a false complaint with	15584
the office, or knowingly swear or affirm the truth of a false	15585
complaint previously registered, when the statement is made with	15586
purpose to incriminate another.	15587

(D) The attorney general shall provide legal counsel to the	15588
office of the state long-term care ~~ombudsperson~~ombudsman program	15589
and to the regional long-term care ~~ombudsperson~~ombudsman	15590
programs. The attorney general shall represent any representative	15591
of the office and any representative of a regional program against	15592
whom any legal action is brought in connection with the	15593
representative's official duties under sections 173.14 to 173.26	15594
of the Revised Code.	15595

Sec. 173.25. The office of the state long-term care	15596
~~ombudsperson~~ombudsman program shall, in carrying out the	15597
provisions and purposes of sections 173.14 to 173.26 of the	15598
Revised Code, advise, consult, and cooperate with any agency,	15599
program, or other entity related to the purposes of the office.	15600
Any agency, program, or other entity related to the purposes of	15601
the office shall advise, consult, and cooperate with the office.	15602

The office shall attempt to establish effective coordination	15603
with government-sponsored programs that provide legal services to	15604
the elderly and with protective and advocacy programs for	15605
individuals with developmental disabilities, mental retardation,	15606
or mental illness.	15607

Sec. 173.26. (A) Each of the following facilities shall	15608
annually pay to the department of aging six dollars for each bed	15609
~~maintained by~~ the facility ~~for use by a resident~~was licensed or	15610
otherwise authorized to maintain during any part of the previous	15611
year:	15612

(1) Nursing homes,and residential care facilities, ~~and homes~~	15613
~~for the aging~~ as defined in section 3721.01 of the Revised Code;	15614

(2) Facilities authorized to provide extended care services	15615
under Title XVIII of the "Social Security Act," 49 Stat. 620	15616
(1935), 42 U.S.C. 301, as amended, including a long-term acute	15617
care hospital that provides medical and rehabilitative care to	15618
patients who require an average length of stay greater than	15619
twenty-five days and is classified by the centers for medicare and	15620
medicaid services as a long-term care hospital pursuant to 42	15621
C.F.R. 412.23(e);	15622

(3) County homes and district homes operated pursuant to	15623
Chapter 5155. of the Revised Code;	15624

(4) Residential facilities licensed under section ~~5119.22~~	15625
5119.34 of the Revised Code that provide accommodations,	15626
supervision, and personal care services for three to sixteen	15627
unrelated adults;	15628

(5) Facilities approved by the Veterans Administration under	15629
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	15630
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	15631
the placement and care of veterans.	15632

The department shall, by rule adopted in accordance with	15633
Chapter 119. of the Revised Code, establish deadlines for payments	15634
required by this section. A facility that fails, within ninety	15635
days after the established deadline, to pay a payment required by	15636
this section shall be assessed at two times the original invoiced	15637
payment.	15638

(B) All money collected under this section shall be deposited	15639
in the state treasury to the credit of the office of the state	15640
long-term care ~~ombudsperson~~ombudsman program fund, which is	15641
hereby created. Money credited to the fund shall be used solely to	15642
pay the costs of operating the regional long-term care	15643
~~ombudsperson~~ombudsman programs.	15644

(C) The state long-term care ~~ombudsperson~~ombudsman and the	15645
regional programs may solicit and receive contributions to support	15646
the operation of the office or a regional program, except that no	15647
contribution shall be solicited or accepted that would interfere	15648
with the independence or objectivity of the office or program.	15649

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

15650

(1) "Applicant" means a person who is under final	15651
consideration for employment ~~with the office of the state~~	15652
~~long-term care ombudsperson program~~by a responsible party in a	15653
full-time, part-time, or temporary position that involves	15654
providing ~~ombudsperson~~ombudsman services to residents and	15655
recipients. "Applicant" includes a person who is under final	15656
consideration for employment as the state long-term care	15657
~~ombudsperson~~ombudsman or the head of a regional long-term care	15658
~~ombudsperson~~ombudsman program. "Applicant" does not include a	15659
person seeking to provide ~~ombudsperson~~ombudsman services to	15660
residents and recipients as a volunteer without receiving or	15661
expecting to receive any form of remuneration other than	15662
reimbursement for actual expenses.	15663

(2) "Criminal records check" has the same meaning as in	15664
section 109.572 of the Revised Code.	15665

(3) "Disqualifying offense" means any of the offenses listed	15666
or described in divisions (A)(3)(a) to (e) of section 109.572 of	15667
the Revised Code.	15668

(4) "Employee" means a person employed by ~~the office of the~~	15669
~~state long-term care ombudsperson program~~a responsible party in a	15670
full-time, part-time, or temporary position that involves	15671
providing ~~ombudsperson~~ombudsman services to residents and	15672
recipients. "Employee" includes the person employed as the state	15673
long-term care ~~ombudsperson~~ombudsman and a person employed as the	15674
head of a regional long-term care ~~ombudsperson~~ombudsman program.	15675
"Employee" does not include a person who provides ~~ombudsperson~~	15676
ombudsman services to residents and recipients as a volunteer	15677
without receiving or expecting to receive any form of remuneration	15678
other than reimbursement for actual expenses.	15679

(5) "Responsible ~~entity~~party" means the following:

15680

(a) In the case of an applicant who is under final	15681
consideration for employment as the state long-term care	15682
~~ombudsperson~~ombudsman or the person employed as the state	15683
long-term care ~~ombudsperson~~ombudsman, the director of aging;	15684

(b) In the case of any other applicant who is under final	15685
consideration for employment with the state long-term care	15686
ombudsman program or any other employee of the state long-term	15687
care ombudsman program, the state long-term care ~~ombudsperson or~~	15688
~~the ombudsperson's designee~~ombudsman;	15689

(c) In the case of an applicant who is under final	15690
consideration for employment with a regional long-term care	15691
ombudsman program (including as the head of the regional program)	15692
or an employee of a regional long-term care ombudsman program	15693
(including the head of a regional program), the regional long-term	15694
care ombudsman program.	15695

(B) ~~The office of the state long-term care ombudsperson~~	15696
~~program~~A responsible party may not employ an applicant or	15697
continue to employ an employee in a position that involves	15698
providing ~~ombudsperson~~ombudsman services to residents and	15699
recipients if any of the following apply:	15700

(1) A review of the databases listed in division (D) of this	15701
section reveals any of the following:	15702

(a) That the applicant or employee is included in one or more	15703
of the databases listed in divisions (D)(1) to (5) of this	15704
section;	15705

(b) That there is in the state nurse aide registry	15706
established under section 3721.32 of the Revised Code a statement	15707
detailing findings by the director of health that the applicant or	15708
employee neglected or abused a long-term care facility or	15709
residential care facility resident or misappropriated property of	15710
such a resident;	15711

(c) That the applicant or employee is included in one or more	15712
of the databases, if any, specified in rules adopted under this	15713
section and the rules prohibit the ~~office~~responsible party from	15714
employing an applicant or continuing to employ an employee	15715
included in such a database in a position that involves providing	15716
~~ombudsperson~~ombudsman services to residents and recipients.	15717

(2) After the applicant or employee is provided, pursuant to	15718
division (E)(2)(a) of this section, a copy of the form prescribed	15719
pursuant to division (C)(1) of section 109.572 of the Revised Code	15720
and the standard impression sheet prescribed pursuant to division	15721
(C)(2) of that section, the applicant or employee fails to	15722
complete the form or provide the applicant's or employee's	15723
fingerprint impressions on the standard impression sheet.	15724

(3) ~~Except as provided~~Unless the applicant or employee meets	15725
standards specified in rules adopted under this section, the	15726
applicant or employee is found by a criminal records check	15727
required by this section to have been convicted of, pleaded guilty	15728
to, or been found eligible for intervention in lieu of conviction	15729
for a disqualifying offense.	15730

(C) ~~The~~A responsible ~~entity~~party or a responsible party's	15731
designee shall inform each applicant of both of the following at	15732
the time of the applicant's initial application for employment in	15733
a position that involves providing ~~ombudsperson~~ombudsman services	15734
to residents and recipients:	15735

(1) That a review of the databases listed in division (D) of	15736
this section will be conducted to determine whether the ~~office of~~	15737
~~the state long-term care ombudsperson program~~responsible party is	15738
prohibited by division (B)(1) of this section from employing the	15739
applicant in the position;	15740

(2) That, unless the database review reveals that the	15741
applicant may not be employed in the position, a criminal records	15742
check of the applicant will be conducted and the applicant is	15743
required to provide a set of the applicant's fingerprint	15744
impressions as part of the criminal records check.	15745

(D) As a condition of any applicant's being employed by ~~the~~	15746
~~office of the state long-term care ombudsperson program~~a	15747
responsible party in a position that involves providing	15748
~~ombudsperson~~ombudsman services to residents and recipients, the	15749
responsible ~~entity~~party or designee shall conduct a database	15750
review of the applicant in accordance with rules adopted under	15751
this section. If rules adopted under this section so require, the	15752
responsible ~~entity~~party or designee shall conduct a database	15753
review of an employee in accordance with the rules as a condition	15754
of the ~~office's~~responsible party continuing to employ the	15755
employee in a position that involves providing ~~ombudsperson~~	15756
ombudsman services to residents and recipients. A database review	15757
shall determine whether the applicant or employee is included in	15758
any of the following:	15759

(1) The excluded parties list system that is maintained by	15760
the United States general services administration pursuant to	15761
subpart 9.4 of the federal acquisition regulation and available at	15762
the federal web site known as the system for award management;	15763

(2) The list of excluded individuals and entities maintained	15764
by the office of inspector general in the United States department	15765
of health and human services pursuant to section 1128 of the	15766
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	15767
amended, and section 1156 of the "Social Security Act," 96 Stat.	15768
388 (1982), 42 U.S.C. 1320c-5, as amended;	15769

(3) The registry of MR/DD employees established under section	15770
5123.52 of the Revised Code;	15771

(4) The internet-based sex offender and child-victim offender	15772
database established under division (A)(11) of section 2950.13 of	15773
the Revised Code;	15774

(5) The internet-based database of inmates established under	15775
section 5120.66 of the Revised Code;	15776

(6) The state nurse aide registry established under section	15777
3721.32 of the Revised Code;	15778

(7) Any other database, if any, specified in rules adopted	15779
under this section.	15780

(E)(1) As a condition of any applicant's being employed by	15781
~~the office of the state long-term care ombudsperson program~~a	15782
responsible party in a position that involves providing	15783
~~ombudsperson~~ombudsman services to residents and recipients, the	15784
responsible ~~entity~~party or designee shall request that the	15785
superintendent of the bureau of criminal identification and	15786
investigation conduct a criminal records check of the applicant.	15787
If rules adopted under this section so require, the responsible	15788
~~entity~~party or designee shall request that the superintendent	15789
conduct a criminal records check of an employee at times specified	15790
in the rules as a condition of the ~~office's~~responsible party	15791
continuing to employ the employee in a position that involves	15792
providing ~~ombudsperson~~ombudsman services to residents and	15793
recipients. However, the responsible ~~entity~~party or designee is	15794
not required to request the criminal records check of the	15795
applicant or employee if the ~~office~~responsible party is	15796
prohibited by division (B)(1) of this section from employing the	15797
applicant or continuing to employ the employee in a position that	15798
involves providing ~~ombudsperson~~ombudsman services to residents	15799
and recipients. If an applicant or employee for whom a criminal	15800
records check request is required by this section does not present	15801
proof of having been a resident of this state for the five-year	15802
period immediately prior to the date the criminal records check is	15803
requested or provide evidence that within that five-year period	15804
the superintendent has requested information about the applicant	15805
or employee from the federal bureau of investigation in a criminal	15806
records check, the responsible ~~entity~~party or designee shall	15807
request that the superintendent obtain information from the	15808
federal bureau of investigation as part of the criminal records	15809
check. Even if an applicant or employee for whom a criminal	15810
records check request is required by this section presents proof	15811
of having been a resident of this state for the five-year period,	15812
the responsible ~~entity~~party or designee may request that the	15813
superintendent include information from the federal bureau of	15814
investigation in the criminal records check.	15815

(2) ~~The~~A responsible ~~entity~~party or designee shall do all	15816
of the following:	15817

(a) Provide to each applicant and employee for whom a	15818
criminal records check request is required by this section a copy	15819
of the form prescribed pursuant to division (C)(1) of section	15820
109.572 of the Revised Code and a standard impression sheet	15821
prescribed pursuant to division (C)(2) of that section;	15822

(b) Obtain the completed form and standard impression sheet	15823
from the applicant or employee;	15824

(c) Forward the completed form and standard impression sheet	15825
to the superintendent.	15826

(3) ~~The office of the state long-term care ombudsperson~~	15827
~~program~~A responsible party shall pay to the bureau of criminal	15828
identification and investigation the fee prescribed pursuant to	15829
division (C)(3) of section 109.572 of the Revised Code for each	15830
criminal records check the responsible ~~entity~~party or the	15831
responsible party's designee requests under this section. The	15832
~~office~~responsible party may charge an applicant a fee not	15833
exceeding the amount the ~~office~~responsible party pays to the	15834
bureau under this section if the responsible ~~entity~~party or	15835
designee notifies the applicant at the time of initial application	15836
for employment of the amount of the fee.	15837

(F)(1) ~~The office of the state long-term care ombudsperson~~	15838
~~program~~A responsible party may employ conditionally an applicant	15839
for whom a criminal records check is required by this section	15840
prior to obtaining the results of the criminal records check if	15841
both of the ~~office~~following apply:	15842

(a) The responsible party is not prohibited by division	15843
(B)(1) of this section from employing the applicant in a position	15844
that involves providing ~~ombudsperson~~ombudsman services to	15845
residents and recipients ~~and the~~;	15846

(b) The responsible ~~entity~~party or designee requests the	15847
criminal records check in accordance with division (E) of this	15848
section not later than five business days after the applicant	15849
begins conditional employment.	15850

(2) ~~The office of the state long-term care ombudsperson~~	15851
~~program~~A responsible party shall terminate the employment of an	15852
applicant employed conditionally under division (F)(1) of this	15853
section if the results of the criminal records check, other than	15854
the results of any request for information from the federal bureau	15855
of investigation, are not obtained within the period ending sixty	15856
days after the date the request for the criminal records check is	15857
made. Regardless of when the results of the criminal records check	15858
are obtained, if the results indicate that the applicant has been	15859
convicted of, pleaded guilty to, or been found eligible for	15860
intervention in lieu of conviction for a disqualifying offense,	15861
the ~~office~~responsible party shall terminate the applicant's	15862
employment unless ~~circumstances~~the applicant meets standards	15863
specified in rules adopted under this section that permit the	15864
~~office~~responsible party to employ the applicant ~~exist~~ and the	15865
~~office~~responsible party chooses to employ the applicant.	15866
Termination of employment under this division shall be considered	15867
just cause for discharge for purposes of division (D)(2) of	15868
section 4141.29 of the Revised Code if the applicant makes any	15869
attempt to deceive the ~~office~~responsible party or designee about	15870
the applicant's criminal record.	15871

(G) The report of any criminal records check conducted	15872
pursuant to a request made under this section is not a public	15873
record for the purposes of section 149.43 of the Revised Code and	15874
shall not be made available to any person other than the	15875
following:	15876

(1) The applicant or employee who is the subject of the	15877
criminal records check or the applicant's or employee's	15878
representative;	15879

(2) The responsible ~~entity~~party or ~~the responsible entity's~~	15880
~~representative~~designee;	15881

(3) ~~If the state long-term care ombudsperson designates the~~	15882
~~head or other employee of~~In the case of a criminal records check	15883
conducted for an applicant who is under final consideration for	15884
employment with a regional long-term care ~~ombudsperson~~ombudsman	15885
program ~~to request a criminal records check under this section~~	15886
(including as the head of the regional program) or an employee of	15887
a regional long-term care ombudsman program (including the head of	15888
a regional program), the state long-term care ombudsman or a	15889
representative of the office of the state long-term care	15890
~~ombudsperson~~ombudsman program who is responsible for monitoring	15891
the regional program's compliance with this section;	15892

(4) A court, hearing officer, or other necessary individual	15893
involved in a case dealing with any of the following:	15894

(a) A denial of employment of the applicant or employee;

15895

(b) Employment or unemployment benefits of the applicant or	15896
employee;	15897

(c) A civil or criminal action regarding the medicaid program	15898
or a program the department of aging administers.	15899

(H) In a tort or other civil action for damages that is	15900
brought as the result of an injury, death, or loss to person or	15901
property caused by an applicant or employee who ~~the office of the~~	15902
~~state long-term care ombudsperson program~~a responsible party	15903
employs in a position that involves providing ~~ombudsperson~~	15904
ombudsman services to residents and recipients, all of the	15905
following shall apply:	15906

(1) If the ~~office~~responsible party employed the applicant or	15907
employee in good faith and reasonable reliance on the report of a	15908
criminal records check requested under this section, the ~~office~~	15909
responsible party shall not be found negligent solely because of	15910
its reliance on the report, even if the information in the report	15911
is determined later to have been incomplete or inaccurate.	15912

(2) If the ~~office~~responsible party employed the applicant in	15913
good faith on a conditional basis pursuant to division (F) of this	15914
section, the ~~office~~responsible party shall not be found	15915
negligent solely because it employed the applicant prior to	15916
receiving the report of a criminal records check requested under	15917
this section.	15918

(3) If the ~~office~~responsible party in good faith employed	15919
the applicant or employee ~~according to~~because the ~~personal~~	15920
~~character~~applicant or employee meets standards ~~established~~	15921
specified in rules adopted under this section, the ~~office~~	15922
responsible party shall not be found negligent solely because the	15923
applicant or employee has been convicted of, pleaded guilty to, or	15924
been found eligible for intervention in lieu of conviction for a	15925
disqualifying offense.	15926

(I) The state long-term care ombudsman may not act as the	15927
director of aging's designee for the purpose of this section. The	15928
head of a regional long-term care ombudsman program may not act as	15929
the regional program's designee for the purpose of this section if	15930
the head is the employee for whom a database review or criminal	15931
records check is being conducted.	15932

(J) The director of aging shall adopt rules in accordance	15933
with Chapter 119. of the Revised Code to implement this section.	15934

(1) The rules may do the following:

15935

(a) Require employees to undergo database reviews and	15936
criminal records checks under this section;	15937

(b) If the rules require employees to undergo database	15938
reviews and criminal records checks under this section, exempt one	15939
or more classes of employees from the requirements;	15940

(c) For the purpose of division (D)(7) of this section,	15941
specify other databases that are to be checked as part of a	15942
database review conducted under this section.	15943

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

15944

(a) The procedures for conducting database reviews under this	15945
section;	15946

(b) If the rules require employees to undergo database	15947
reviews and criminal records checks under this section, the times	15948
at which the database reviews and criminal records checks are to	15949
be conducted;	15950

(c) If the rules specify other databases to be checked as	15951
part of the database reviews, the circumstances under which ~~the~~	15952
~~office of the state long-term care ombudsperson program~~a	15953
responsible party is prohibited from employing an applicant or	15954
continuing to employ an employee who is found by a database review	15955
to be included in one or more of those databases;	15956

(d) ~~Circumstances under which the office of the state~~	15957
~~long-term care ombudsperson program may employ~~Standards that an	15958
applicant or employee ~~who~~must meet for a responsible party to be	15959
permitted to employ the applicant or continue to employ the	15960
employee in a position that involves providing ombudsman services	15961
to residents and recipients if the applicant or employee is found	15962
by a criminal records check required by this section to have been	15963
convicted of, pleaded guilty to, or been found eligible for	15964
intervention in lieu of conviction for a disqualifying offense	15965
~~but meets personal character standards~~.	15966

Sec. 173.28. (A)(1) As used in this division, "incident"	15967
means the occurrence of a violation with respect to a resident or	15968
recipient, as those terms are defined in section 173.14 of the	15969
Revised Code. A violation is a separate incident for each day it	15970
occurs and for each resident who is subject to it.	15971

In lieu of the fine that may be imposed under division (A) of	15972
section 173.99 of the Revised Code, the director of aging may,	15973
under Chapter 119. of the Revised Code, fine a long-term care	15974
provider or other entity, or a person employed by a long-term care	15975
provider or other entity, for a violation of division (C) of	15976
section 173.24 of the Revised Code. The fine shall not exceed one	15977
thousand dollars per incident.	15978

(2) In lieu of the fine that may be imposed under division	15979
(C) of section 173.99 of the Revised Code, the director may, under	15980
Chapter 119. of the Revised Code, fine a long-term care provider	15981
or other entity, or a person employed by a long-term care provider	15982
or other entity, for violating division (E) of section 173.19 of	15983
the Revised Code by denying a representative of the office of the	15984
state long-term care ~~ombudsperson~~ombudsman program the access	15985
required by that division. The fine shall not exceed five hundred	15986
dollars for each day the violation continued.	15987

(B) On request of the director, the attorney general shall	15988
bring and prosecute to judgment a civil action to collect any fine	15989
imposed under division (A)(1) or (2) of this section that remains	15990
unpaid thirty days after the violator's final appeal is exhausted.	15991

(C) All fines collected under this section shall be deposited	15992
into the state treasury to the credit of the state long-term care	15993
~~ombudsperson~~ombudsman program fund created under section 173.26	15994
of the Revised Code.	15995

~~Sec. 173.394.~~ Sec. 173.38. (A) As used in this section:

15996

(1) "Applicant" means a person who is under final	15997
consideration for employment with a ~~community-based long-term care~~	15998
~~agency~~responsible party in a full-time, part-time, or temporary	15999
direct-care position ~~that involves providing direct care to an~~	16000
~~individual~~ or is referred to a ~~community-based long-term care~~	16001
~~agency~~responsible party by an employment service for such a	16002
position. "Applicant" does not include a person ~~who provides~~	16003
~~direct care to an individual~~being considered for a direct-care	16004
position as a volunteer ~~without receiving or expecting to receive~~	16005
~~any form of remuneration other than reimbursement for actual~~	16006
~~expenses~~.	16007

(2) "Area agency on aging" has the same meaning as in section	16008
173.14 of the Revised Code.	16009

(3) "Community-based long-term care services" means	16010
community-based long-term care services, as defined in section	16011
173.14 of the Revised Code, that are provided under a program the	16012
department of aging administers.	16013

(4) "Consumer" means an individual who receives	16014
community-based long-term care services.	16015

(5) "Criminal records check" has the same meaning as in	16016
section 109.572 of the Revised Code.	16017

(6) "Direct-care position" means an employment position in	16018
which an employee has either or both of the following:	16019

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

16020

(ii) Access to one or more consumers' personal property or	16021
records.	16022

(7) "Disqualifying offense" means any of the offenses listed	16023
or described in divisions (A)(3)(a) to (e) of section 109.572 of	16024
the Revised Code.	16025

(8) "Employee" means a person employed by a ~~community-based~~	16026
~~long-term care agency~~responsible party in a full-time, part-time,	16027
or temporary direct-care position ~~that involves providing direct~~	16028
~~care to an individual~~ and a person who works in such a position	16029
due to being referred to a ~~community-based long-term care agency~~	16030
responsible party by an employment service. "Employee" does not	16031
include a person who ~~provides direct care to an individual~~works	16032
in a direct-care position as a volunteer ~~without receiving or~~	16033
~~expecting to receive any form of remuneration other than~~	16034
~~reimbursement for actual expenses~~.	16035

(9) "PASSPORT administrative agency" has the same meaning as	16036
in section 173.42 of the Revised Code.	16037

(10) "Provider" has the same meaning as in section 173.39 of	16038
the Revised Code.	16039

(11) "Responsible party" means the following:

16040

(a) An area agency on aging in the case of either of the	16041
following:	16042

(i) A person who is an applicant because the person is under	16043
final consideration for employment with the agency in a full-time,	16044
part-time, or temporary direct-care position or is referred to the	16045
agency by an employment service for such a position;	16046

(ii) A person who is an employee because the person is	16047
employed by the agency in a full-time, part-time, or temporary	16048
direct-care position or works in such a position due to being	16049
referred to the agency by an employment service.	16050

(b) A PASSPORT administrative agency in the case of either of	16051
the following:	16052

(i) A person who is an applicant because the person is under	16053
final consideration for employment with the agency in a full-time,	16054
part-time, or temporary direct-care position or is referred to the	16055
agency by an employment service for such a position;	16056

(ii) A person who is an employee because the person is	16057
employed by the agency in a full-time, part-time, or temporary	16058
direct-care position or works in such a position due to being	16059
referred to the agency by an employment service.	16060

16061

(i) A person who is an applicant because the person is under	16062
final consideration for employment with the provider in a	16063
full-time, part-time, or temporary direct-care position or is	16064
referred to the provider by an employment service for such a	16065
position;	16066

(ii) A person who is an employee because the person is	16067
employed by the provider in a full-time, part-time, or temporary	16068
direct-care position or works in such a position due to being	16069
referred to the provider by an employment service.	16070

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

16071

(i) A person who is an applicant because the person is under	16072
final consideration for employment with the subcontractor in a	16073
full-time, part-time, or temporary direct-care position or is	16074
referred to the subcontractor by an employment service for such a	16075
position;	16076

(ii) A person who is an employee because the person is	16077
employed by the subcontractor in a full-time, part-time, or	16078
temporary direct-care position or works in such a position due to	16079
being referred to the subcontractor by an employment service.	16080

(12) "Subcontractor" has the meaning specified in rules	16081
adopted under this section.	16082

(13) "Volunteer" means a person who serves in a direct-care	16083
position without receiving or expecting to receive any form of	16084
remuneration other than reimbursement for actual expenses.	16085

(14) "Waiver agency" has the same meaning as in section	16086
~~5111.033~~5164.342 of the Revised Code.	16087

(B) This section does not apply to any individual who is	16088
subject to a database review or criminal records check under	16089
section 3701.881 of the Revised Code or to any individual who is	16090
subject to a criminal records check under section 3721.121 of the	16091
Revised Code. If a ~~community-based long-term care agency~~provider	16092
or subcontractor also is a waiver agency, the ~~agency~~provider or	16093
subcontractor may provide for applicants and employees to undergo	16094
database reviews and criminal records checks in accordance with	16095
section ~~5111.033~~5164.342 of the Revised Code rather than this	16096
section.	16097

(C) No ~~community-based long-term care agency~~responsible	16098
party shall employ an applicant or continue to employ an employee	16099
in a direct-care position ~~that involves providing direct care to~~	16100
~~an individual~~ if any of the following apply:	16101

(1) A review of the databases listed in division (E) of this	16102
section reveals any of the following:	16103

(a) That the applicant or employee is included in one or more	16104
of the databases listed in divisions (E)(1) to (5) of this	16105
section;	16106

(b) That there is in the state nurse aide registry	16107
established under section 3721.32 of the Revised Code a statement	16108
detailing findings by the director of health that the applicant or	16109
employee neglected or abused a long-term care facility or	16110
residential care facility resident or misappropriated property of	16111
such a resident;	16112

(c) That the applicant or employee is included in one or more	16113
of the databases, if any, specified in rules adopted under this	16114
section and the rules prohibit the ~~agency~~responsible party from	16115
employing an applicant or continuing to employ an employee	16116
included in such a database in a direct-care position ~~that~~	16117
~~involves providing direct care to an individual~~.	16118

(2) After the applicant or employee is provided, pursuant to	16119
division (F)(2)(a) of this section, a copy of the form prescribed	16120
pursuant to division (C)(1) of section 109.572 of the Revised Code	16121
and the standard impression sheet prescribed pursuant to division	16122
(C)(2) of that section, the applicant or employee fails to	16123
complete the form or provide the applicant's or employee's	16124
fingerprint impressions on the standard impression sheet.	16125

(3) ~~Except as provided~~Unless the applicant or employee meets	16126
standards specified in rules adopted under this section, the	16127
applicant or employee is found by a criminal records check	16128
required by this section to have been convicted of, pleaded guilty	16129
to, or been found eligible for intervention in lieu of conviction	16130
for a disqualifying offense.	16131

(D) Except as provided by division (G) of this section, the	16132
chief administrator of a ~~community-based long-term care agency~~	16133
responsible party shall inform each applicant of both of the	16134
following at the time of the applicant's initial application for	16135
employment or referral to the ~~agency~~responsible party by an	16136
employment service for a direct-care position ~~that involves~~	16137
~~providing direct care to an individual~~:	16138

(1) That a review of the databases listed in division (E) of	16139
this section will be conducted to determine whether the ~~agency~~	16140
responsible party is prohibited by division (C)(1) of this section	16141
from employing the applicant in the direct-care position;	16142

(2) That, unless the database review reveals that the	16143
applicant may not be employed in the direct-care position, a	16144
criminal records check of the applicant will be conducted and the	16145
applicant is required to provide a set of the applicant's	16146
fingerprint impressions as part of the criminal records check.	16147

(E) As a condition of employing any applicant in a	16148
direct-care position ~~that involves providing direct care to an~~	16149
~~individual~~, the chief administrator of a ~~community-based long-term~~	16150
~~care agency~~responsible party shall conduct a database review of	16151
the applicant in accordance with rules adopted under this section.	16152
If rules adopted under this section so require, the chief	16153
administrator of a ~~community-based long-term care agency~~	16154
responsible party shall conduct a database review of an employee	16155
in accordance with the rules as a condition of continuing to	16156
employ the employee in a direct-care position ~~that involves~~	16157
~~providing direct care to an individual~~. However, a chief	16158
administrator is not required to conduct a database review of an	16159
applicant or employee if division (G) of this section applies. A	16160
database review shall determine whether the applicant or employee	16161
is included in any of the following:	16162

(1) The excluded parties list system that is maintained by	16163
the United States general services administration pursuant to	16164
subpart 9.4 of the federal acquisition regulation and available at	16165
the federal web site known as the system for award management;	16166

(2) The list of excluded individuals and entities maintained	16167
by the office of inspector general in the United States department	16168
of health and human services pursuant to ~~section 1128 of~~ the	16169
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	16170
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	16171
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	16172
~~amended~~;	16173

(3) The registry of MR/DD employees established under section	16174
5123.52 of the Revised Code;	16175

(4) The internet-based sex offender and child-victim offender	16176
database established under division (A)(11) of section 2950.13 of	16177
the Revised Code;	16178

(5) The internet-based database of inmates established under	16179
section 5120.66 of the Revised Code;	16180

(6) The state nurse aide registry established under section	16181
3721.32 of the Revised Code;	16182

(7) Any other database, if any, specified in rules adopted	16183
under this section.	16184

(F)(1) As a condition of employing any applicant in a	16185
direct-care position ~~that involves providing direct care to an~~	16186
~~individual~~, the chief administrator of a ~~community-based long-term~~	16187
~~care agency~~responsible party shall request that the	16188
superintendent of the bureau of criminal identification and	16189
investigation conduct a criminal records check of the applicant.	16190
If rules adopted under this section so require, the chief	16191
administrator of a ~~community-based long-term care agency~~	16192
responsible party shall request that the superintendent conduct a	16193
criminal records check of an employee at times specified in the	16194
rules as a condition of continuing to employ the employee in a	16195
direct-care position ~~that involves providing direct care to an~~	16196
~~individual~~. However, the chief administrator is not required to	16197
request the criminal records check of the applicant or employee if	16198
division (G) of this section applies or the ~~agency~~responsible	16199
party is prohibited by division (C)(1) of this section from	16200
employing the applicant or continuing to employ the employee in a	16201
direct-care position ~~that involves providing direct care to an~~	16202
~~individual~~. If an applicant or employee for whom a criminal	16203
records check request is required by this section does not present	16204
proof of having been a resident of this state for the five-year	16205
period immediately prior to the date the criminal records check is	16206
requested or provide evidence that within that five-year period	16207
the superintendent has requested information about the applicant	16208
or employee from the federal bureau of investigation in a criminal	16209
records check, the chief administrator shall request that the	16210
superintendent obtain information from the federal bureau of	16211
investigation as part of the criminal records check. Even if an	16212
applicant or employee for whom a criminal records check request is	16213
required by this section presents proof of having been a resident	16214
of this state for the five-year period, the chief administrator	16215
may request that the superintendent include information from the	16216
federal bureau of investigation in the criminal records check.	16217

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

16218

(a) Provide to each applicant and employee for whom a	16219
criminal records check request is required by this section a copy	16220
of the form prescribed pursuant to division (C)(1) of section	16221
109.572 of the Revised Code and a standard impression sheet	16222
prescribed pursuant to division (C)(2) of that section;	16223

(b) Obtain the completed form and standard impression sheet	16224
from the applicant or employee;	16225

(c) Forward the completed form and standard impression sheet	16226
to the superintendent.	16227

(3) A ~~community-based long-term care agency~~responsible party	16228
shall pay to the bureau of criminal identification and	16229
investigation the fee prescribed pursuant to division (C)(3) of	16230
section 109.572 of the Revised Code for each criminal records	16231
check the ~~agency~~responsible party requests under this section. An	16232
~~agency~~A responsible party may charge an applicant a fee not	16233
exceeding the amount the ~~agency~~responsible party pays to the	16234
bureau under this section if both of the following apply:	16235

(a) The ~~agency~~responsible party notifies the applicant at	16236
the time of initial application for employment of the amount of	16237
the fee and that, unless the fee is paid, the applicant will not	16238
be considered for employment.	16239

(b) The medicaid program ~~established under Chapter 5111. of~~	16240
~~the Revised Code~~ does not ~~reimburse~~pay the ~~agency~~responsible	16241
party for the fee it pays to the bureau under this section.	16242

(G) Divisions (D) to (F) of this section do not apply with	16243
regard to an applicant or employee if the applicant or employee is	16244
referred to a ~~community-based long-term agency~~responsible party	16245
by an employment service that supplies full-time, part-time, or	16246
temporary staff for direct-care positions ~~that involve providing~~	16247
~~direct care to an individual~~ and both of the following apply:	16248

(1) The chief administrator of the ~~agency~~responsible party	16249
receives from the employment service confirmation that a review of	16250
the databases listed in division (E) of this section was conducted	16251
of the applicant or employee.	16252

(2) The chief administrator of the ~~agency~~responsible party	16253
receives from the employment service, applicant, or employee a	16254
report of the results of a criminal records check of the applicant	16255
or employee that has been conducted by the superintendent within	16256
the one-year period immediately preceding the following:	16257

(a) In the case of an applicant, the date of the applicant's	16258
referral by the employment service to the ~~agency~~responsible	16259
party;	16260

(b) In the case of an employee, the date by which the ~~agency~~	16261
responsible party would otherwise have to request a criminal	16262
records check of the employee under division (F) of this section.	16263

(H)(1) A ~~community-based long-term care agency~~responsible	16264
party may employ conditionally an applicant for whom a criminal	16265
records check request is required by this section prior to	16266
obtaining the results of the criminal records check if the ~~agency~~	16267
responsible party is not prohibited by division (C)(1) of this	16268
section from employing the applicant in a direct-care position	16269
~~that involves providing direct care to an individual~~ and either of	16270
the following applies:	16271

(a) The chief administrator of the ~~agency~~responsible party	16272
requests the criminal records check in accordance with division	16273
(F) of this section not later than five business days after the	16274
applicant begins conditional employment.	16275

(b) The applicant is referred to the ~~agency~~responsible party	16276
by an employment service, the employment service or the applicant	16277
provides the chief administrator of the ~~agency~~responsible party a	16278
letter that is on the letterhead of the employment service, the	16279
letter is dated and signed by a supervisor or another designated	16280
official of the employment service, and the letter states all of	16281
the following:	16282

(i) That the employment service has requested the	16283
superintendent to conduct a criminal records check regarding the	16284
applicant;	16285

(ii) That the requested criminal records check is to include	16286
a determination of whether the applicant has been convicted of,	16287
pleaded guilty to, or been found eligible for intervention in lieu	16288
of conviction for a disqualifying offense;	16289

(iii) That the employment service has not received the	16290
results of the criminal records check as of the date set forth on	16291
the letter;	16292

(iv) That the employment service promptly will send a copy of	16293
the results of the criminal records check to the chief	16294
administrator of the ~~agency~~responsible party when the employment	16295
service receives the results.	16296

(2) If a ~~community-based long-term care agency~~responsible	16297
party employs an applicant conditionally pursuant to division	16298
(H)(1)(b) of this section, the employment service, on its receipt	16299
of the results of the criminal records check, promptly shall send	16300
a copy of the results to the chief administrator of the ~~agency~~	16301
responsible party.	16302

(3) A ~~community-based long-term care agency~~responsible party	16303
that employs an applicant conditionally pursuant to division	16304
(H)(1)(a) or (b) of this section shall terminate the applicant's	16305
employment if the results of the criminal records check, other	16306
than the results of any request for information from the federal	16307
bureau of investigation, are not obtained within the period ending	16308
sixty days after the date the request for the criminal records	16309
check is made. Regardless of when the results of the criminal	16310
records check are obtained, if the results indicate that the	16311
applicant has been convicted of, pleaded guilty to, or been found	16312
eligible for intervention in lieu of conviction for a	16313
disqualifying offense, the ~~agency~~responsible party shall	16314
terminate the applicant's employment unless ~~circumstances~~the	16315
applicant meets standards specified in rules adopted under this	16316
section that permit the ~~agency~~responsible party to employ the	16317
applicant ~~exist~~ and the ~~agency~~responsible party chooses to employ	16318
the applicant. Termination of employment under this division shall	16319
be considered just cause for discharge for purposes of division	16320
(D)(2) of section 4141.29 of the Revised Code if the applicant	16321
makes any attempt to deceive the ~~agency~~responsible party about	16322
the applicant's criminal record.	16323

(I) The report of any criminal records check conducted	16324
pursuant to a request made under this section is not a public	16325
record for the purposes of section 149.43 of the Revised Code and	16326
shall not be made available to any person other than the	16327
following:	16328

(1) The applicant or employee who is the subject of the	16329
criminal records check or the applicant's or employee's	16330
representative;	16331

(2) The chief administrator of the ~~community-based long-term~~	16332
~~care agency~~responsible party requesting the criminal records	16333
check or the administrator's representative;	16334

(3) The administrator of any other facility, agency, or	16335
program that provides ~~direct care to individuals~~community-based	16336
long-term care services that is owned or operated by the same	16337
entity that owns or operates the ~~community-based long-term care~~	16338
~~agency~~responsible party that requested the criminal records	16339
check;	16340

(4) The employment service that requested the criminal	16341
records check;	16342

(5) The director of aging or a person authorized by the	16343
director to monitor a ~~community-based long-term care agency's~~	16344
responsible party's compliance with this section;	16345

(6) The medicaid director ~~of job and family services~~ and the	16346
staff of the department of ~~job and family services~~medicaid who	16347
are involved in the administration of the medicaid program if	16348
either of the following apply:	16349

(a) In the case of a criminal records check requested by a	16350
~~community-based long-term care agency~~provider or subcontractor,	16351
the ~~agency~~provider or subcontractor also is a waiver agency;	16352

(b) In the case of a criminal records check requested by an	16353
employment service, the employment service makes the request for	16354
an applicant or employee the employment service refers to a	16355
~~community-based long-term care agency~~provider or subcontractor	16356
that also is a waiver agency.	16357

(7) A court, hearing officer, or other necessary individual	16358
involved in a case dealing with any of the following:	16359

(a) A denial of employment of the applicant or employee;

16360

(b) Employment or unemployment benefits of the applicant or	16361
employee;	16362

(c) A civil or criminal action regarding the medicaid program	16363
or a program the department of aging administers.	16364

(J) In a tort or other civil action for damages that is	16365
brought as the result of an injury, death, or loss to person or	16366
property caused by an applicant or employee who a ~~community-based~~	16367
~~long-term care agency~~responsible party employs in a direct-care	16368
position ~~that involves providing direct care to individuals~~, all	16369
of the following shall apply:	16370

(1) If the ~~agency~~responsible party employed the applicant or	16371
employee in good faith and reasonable reliance on the report of a	16372
criminal records check requested under this section, the ~~agency~~	16373
responsible party shall not be found negligent solely because of	16374
its reliance on the report, even if the information in the report	16375
is determined later to have been incomplete or inaccurate.	16376

(2) If the ~~agency~~responsible party employed the applicant in	16377
good faith on a conditional basis pursuant to division (H) of this	16378
section, the ~~agency~~responsible party shall not be found	16379
negligent solely because it employed the applicant prior to	16380
receiving the report of a criminal records check requested under	16381
this section.	16382

(3) If the ~~agency~~responsible party in good faith employed	16383
the applicant or employee ~~according to~~because the ~~personal~~	16384
~~character~~applicant or employee meets standards ~~established~~	16385
specified in rules adopted under this section, the ~~agency~~	16386
responsible party shall not be found negligent solely because the	16387
applicant or employee has been convicted of, pleaded guilty to, or	16388
been found eligible for intervention in lieu of conviction for a	16389
disqualifying offense.	16390

(K) The director of aging shall adopt rules in accordance	16391
with Chapter 119. of the Revised Code to implement this section.	16392

(1) The rules may do the following:

16393

(a) Require employees to undergo database reviews and	16394
criminal records checks under this section;	16395

(b) If the rules require employees to undergo database	16396
reviews and criminal records checks under this section, exempt one	16397
or more classes of employees from the requirements;	16398

(c) For the purpose of division (E)(7) of this section,	16399
specify other databases that are to be checked as part of a	16400
database review conducted under this section.	16401

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

16402

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

16403

(b) The procedures for conducting database reviews under this	16404
section;	16405

~~(b)~~(c) If the rules require employees to undergo database	16406
reviews and criminal records checks under this section, the times	16407
at which the database reviews and criminal records checks are to	16408
be conducted;	16409

~~(c)~~(d) If the rules specify other databases to be checked as	16410
part of the database reviews, the circumstances under which a	16411
~~community-based long-term care agency~~responsible party is	16412
prohibited from employing an applicant or continuing to employ an	16413
employee who is found by a database review to be included in one	16414
or more of those databases;	16415

~~(d) Circumstances under which a community-based long-term~~	16416
~~care agency may employ~~(e) Standards that an applicant or employee	16417
~~who~~must meet for a responsible party to be permitted to employ	16418
the applicant or continue to employ the employee in a direct-care	16419
position if the applicant or employee is found by a criminal	16420
records check required by this section to have been convicted of,	16421
pleaded guilty to, or been found eligible for intervention in lieu	16422
of conviction for a disqualifying offense ~~but meets personal~~	16423
~~character standards~~.	16424

Sec. 173.39. (A) As used in sections 173.39 to ~~173.394~~	16425
173.393 of the Revised Code:	16426

(1) "~~Community-based long-term care agency~~Provider" means a	16427
person or ~~government~~governmental entity that provides	16428
community-based long-term care services under a program the	16429
department of aging administers~~, regardless of whether the person~~	16430
~~or government entity is certified under section 173.391 or~~	16431
~~authorized to receive payment for the services from the department~~	16432
~~under section 173.392 of the Revised Code~~. "~~Community-based~~	16433
~~long-term care agency~~Provider" includes a person or ~~government~~	16434
governmental entity that provides home and community-based	16435
services to older adults through the PASSPORT program ~~created~~	16436
~~under~~as defined in section ~~173.40~~173.51 of the Revised Code.	16437

(2) "Community-based long-term care services" has the same	16438
meaning as in section 173.14 of the Revised Code.	16439

(B) Except as provided in section 173.392 of the Revised	16440
Code, the department of aging may not pay a ~~person or government~~	16441
~~entity~~provider for providing community-based long-term care	16442
services under a program the department administers unless the	16443
~~person or government entity~~provider is certified under section	16444
173.391 of the Revised Code and provides the services.	16445

Sec. 173.391. (A) The department of aging or its designee	16446
shall do all of the following in accordance with Chapter 119. of	16447
the Revised Code:	16448

(1) Certify a ~~person or government entity~~provider to provide	16449
community-based long-term care services under a program the	16450
department administers if the ~~person or government entity~~provider	16451
satisfies the requirements for certification established by rules	16452
adopted under division (B) of this section and pays the fee, if	16453
any, established by rules adopted under division (G) of this	16454
section;	16455

(2) When required to do so by rules adopted under division	16456
(B) of this section, take one or more of the following	16457
disciplinary actions against a ~~person or government entity~~	16458
provider certified under division (A)(1) of this section:	16459

(a) Issue a written warning;

16460

(b) Require the submission of a plan of correction or	16461
evidence of compliance with requirements identified by the	16462
department;	16463

16464

(d) Remove clients;

16465

(e) Impose a fiscal sanction such as a civil monetary penalty	16466
or an order that unearned funds be repaid;	16467

(f) Suspend the certification;

16468

(g) Revoke the certification;

16469

(h) Impose another sanction.

16470

(3) Except as provided in division (E) of this section, hold	16471
hearings when there is a dispute between the department or its	16472
designee and a ~~person or government entity~~provider concerning	16473
actions the department or its designee takes regarding a decision	16474
not to certify the ~~person or government entity~~provider under	16475
division (A)(1) of this section or a disciplinary action under	16476
divisions (A)(2)(e) to (h) of this section.	16477

(B) The director of aging shall adopt rules in accordance	16478
with Chapter 119. of the Revised Code establishing certification	16479
requirements and standards for determining which type of	16480
disciplinary action to take under division (A)(2) of this section	16481
in individual situations. The rules shall establish procedures for	16482
all of the following:	16483

(1) Ensuring that ~~community-based long-term care agencies~~	16484
providers comply with section ~~173.394~~173.38 of the Revised Code;	16485

(2) Evaluating the services provided by the ~~agencies~~	16486
providers to ensure that the services are provided in a quality	16487
manner advantageous to the individual receiving the services;	16488

(3) Determining when to take disciplinary action under	16489
division (A)(2) of this section and which disciplinary action to	16490
take;	16491

(4) Determining what constitutes another sanction for	16492
purposes of division (A)(2)(h) of this section.	16493

(C) The procedures established in rules adopted under	16494
division (B)(2) of this section shall require that all of the	16495
following be considered as part of an evaluation described in	16496
division (B)(2) of this section:	16497

(1) The ~~community-based long-term care agency's~~provider's	16498
experience and financial responsibility;	16499

(2) The ~~agency's~~provider's ability to comply with standards	16500
for the community-based long-term care services that the ~~agency~~	16501
provider provides under a program the department administers;	16502

(3) The ~~agency's~~provider's ability to meet the needs of the	16503
individuals served;	16504

(4) Any other factor the director considers relevant.

16505

(D) The rules adopted under division (B)(3) of this section	16506
shall specify that the reasons disciplinary action may be taken	16507
under division (A)(2) of this section include good cause,	16508
including misfeasance, malfeasance, nonfeasance, confirmed abuse	16509
or neglect, financial irresponsibility, or other conduct the	16510
director determines is injurious, or poses a threat, to the health	16511
or safety of individuals being served.	16512

(E) Subject to division (F) of this section, the department	16513
is not required to hold hearings under division (A)(3) of this	16514
section if any of the following conditions apply:	16515

(1) Rules adopted by the director of aging pursuant to this	16516
chapter require the ~~community-based long-term care agency~~provider	16517
to be a party to a provider agreement; hold a license,	16518
certificate, or permit; or maintain a certification, any of which	16519
is required or issued by a state or federal government entity	16520
other than the department of aging, and either of the following is	16521
the case:	16522

(a) The provider agreement has not been entered into or the	16523
license, certificate, permit, or certification has not been	16524
obtained or maintained.	16525

(b) The provider agreement, license, certificate, permit, or	16526
certification has been denied, revoked, not renewed, or suspended	16527
or has been otherwise restricted.	16528

(2) The ~~agency's~~provider's certification under this section	16529
has been denied, suspended, or revoked for any of the following	16530
reasons:	16531

(a) A ~~government~~governmental entity of this state, other	16532
than the department of aging, has terminated or refused to renew	16533
any of the following held by, or has denied any of the following	16534
sought by, a ~~community-based long-term care agency~~provider: a	16535
provider agreement, license, certificate, permit, or	16536
certification. Division (E)(2)(a) of this section applies	16537
regardless of whether the ~~agency~~provider has entered into a	16538
provider agreement in, or holds a license, certificate, permit, or	16539
certification issued by, another state.	16540

(b) The ~~agency~~provider or a principal owner or manager of	16541
the ~~agency~~provider who provides direct care has entered a guilty	16542
plea for, or has been convicted of, an offense materially related	16543
to the medicaid program.	16544

(c) The ~~agency~~provider or a principal owner or manager of	16545
the ~~agency~~provider who provides direct care has entered a guilty	16546
plea for, been convicted of, or been found eligible for	16547
intervention in lieu of conviction for an offense listed or	16548
described in divisions (A)(3)(a) to (e) of section 109.572 of the	16549
Revised Code, but only if ~~none of the personal character~~the	16550
provider, principal owner, or manager does not meet standards	16551
~~established~~specified by the director in rules adopted under	16552
section ~~173.394~~173.38 of the Revised Code ~~apply~~.	16553

(d) The United States department of health and human services	16554
has taken adverse action against the ~~agency~~provider and that	16555
action impacts the ~~agency's~~provider's participation in the	16556
medicaid program.	16557

(e) The ~~agency~~provider has failed to enter into or renew a	16558
provider agreement with the PASSPORT administrative agency, as	16559
that term is defined in section 173.42 of the Revised Code, that	16560
administers programs on behalf of the department of aging in the	16561
region of the state in which the ~~agency~~provider is certified to	16562
provide services.	16563

(f) The ~~agency~~provider has not billed or otherwise submitted	16564
a claim to the department for payment under the medicaid program	16565
in at least two years.	16566

(g) The ~~agency~~provider denied or failed to provide the	16567
department or its designee access to the ~~agency's~~provider's	16568
facilities during the ~~agency's~~provider's normal business hours	16569
for purposes of conducting an audit or structural compliance	16570
review.	16571

(h) The ~~agency~~provider has ceased doing business.

16572

(i) The ~~agency~~provider has voluntarily relinquished its	16573
certification for any reason.	16574

(3) The ~~agency's~~provider's provider agreement with the	16575
department of ~~job and family services~~medicaid has been suspended	16576
under division (C) of section ~~5111.031~~5164.37 of the Revised	16577
Code.	16578

(4) The ~~agency's~~provider's provider agreement with the	16579
department of ~~job and family services~~medicaid is denied or	16580
revoked because the ~~agency~~provider or its owner, officer,	16581
authorized agent, associate, manager, or employee has been	16582
convicted of an offense that caused the provider agreement to be	16583
suspended under section ~~5111.031~~5164.37 of the Revised Code.	16584

(F) If the department does not hold hearings when any	16585
condition described in division (E) of this section applies, the	16586
department may send a notice to the ~~agency~~provider describing a	16587
decision not to certify the ~~agency~~provider under division (A)(1)	16588
of this section or the disciplinary action the department proposes	16589
to take under division (A)(2)(e) to (h) of this section. The	16590
notice shall be sent to the ~~agency's~~provider's address that is on	16591
record with the department and may be sent by regular mail.	16592

(G) The director of aging may adopt rules in accordance with	16593
Chapter 119. of the Revised Code establishing a fee to be charged	16594
by the department of aging or its designee for certification	16595
issued under this section.	16596

All fees collected by the department or its designee under	16597
this section shall be deposited in the state treasury to the	16598
credit of the provider certification fund, which is hereby	16599
created. Money credited to the fund shall be used to pay for	16600
community-based long-term care services, administrative costs	16601
associated with ~~community-based long-term care agency~~provider	16602
certification under this section, and administrative costs related	16603
to the publication of the Ohio long-term care consumer guide.	16604

Sec. 173.392. (A) The department of aging may pay a ~~person or~~	16605
~~government entity~~provider for providing community-based long-term	16606
care services under a program the department administers, even	16607
though the ~~person or government entity~~provider is not certified	16608
under section 173.391 of the Revised Code, if all of the following	16609
are the case:	16610

(1) The ~~person or government entity~~provider has a contract	16611
with the department of aging or the department's designee to	16612
provide the services in accordance with the contract or has	16613
received a grant from the department or its designee to provide	16614
the services in accordance with a grant agreement;	16615

(2) The contract or grant agreement includes detailed	16616
conditions of participation for ~~providers of services under a~~	16617
~~program the department administers~~the provider and service	16618
standards that the ~~person or government entity~~provider is	16619
required to satisfy;	16620

(3) The ~~person or government entity~~provider complies with	16621
the contract or grant agreement;	16622

(4) The contract or grant is not for medicaid-funded	16623
services, other than services provided under the PACE program	16624
administered by the department of aging under section 173.50 of	16625
the Revised Code.	16626

(B) The director of aging shall adopt rules in accordance	16627
with Chapter 119. of the Revised Code governing both of the	16628
following:	16629

(1) Contracts and grant agreements between the department of	16630
aging or its designee and ~~persons and government entities~~	16631
~~regarding community-based long-term care services provided under a~~	16632
~~program the department administers~~providers;	16633

(2) The department's payment for community-based long-term	16634
care services under this section.	16635

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	16636
the Revised Code:	16637

(1) "Area agency on aging" means a public or private	16638
nonprofit entity designated under section 173.011 of the Revised	16639
Code to administer programs on behalf of the department of aging.	16640

(2) "Department of aging-administered medicaid waiver	16641
component" means each of the following:	16642

(a) The medicaid-funded component of the PASSPORT program	16643
created under section ~~173.40~~173.52 of the Revised Code;	16644

(b) The choices program created under section ~~173.403~~173.53	16645
of the Revised Code;	16646

(c) The medicaid-funded component of the assisted living	16647
program created under section ~~5111.89~~173.54 of the Revised Code;	16648

(d) Any other medicaid waiver component, as defined in	16649
section ~~5111.85~~5166.01 of the Revised Code, that the department	16650
of aging administers pursuant to an interagency agreement with the	16651
department of ~~job and family services~~medicaid under section	16652
~~5111.91~~5162.35 of the Revised Code.	16653

(3) "Home and community-based services covered by medicaid	16654
components the department of aging administers" means all of the	16655
following:	16656

(a) Medicaid waiver services available to a participant in a	16657
department of aging-administered medicaid waiver component;	16658

(b) The following medicaid state plan services available to a	16659
participant in a department of aging-administered medicaid waiver	16660
component as specified in rules adopted under section ~~5111.02~~	16661
5164.02 of the Revised Code:	16662

(i) Home health services;

16663

(ii) Private duty nursing services;

16664

(iii) Durable medical equipment;

16665

(iv) Services of a clinical nurse specialist;

16666

(v) Services of a certified nurse practitioner.

16667

16668

(4) "Long-term care consultation" or "consultation" means the	16669
consultation service made available by the department of aging or	16670
a program administrator through the long-term care consultation	16671
program established pursuant to this section.	16672

(5) ~~"Medicaid" means the medical assistance program~~	16673
~~established under Chapter 5111. of the Revised Code.~~	16674

~~(6)~~ "Nursing facility" has the same meaning as in section	16675
~~5111.20~~5165.01 of the Revised Code.	16676

~~(7)~~(6) "PACE program" means the component of the medicaid	16677
program the department of aging administers pursuant to section	16678
173.50 of the Revised Code.	16679

~~(8)~~(7) "PASSPORT administrative agency" means an entity under	16680
contract with the department of aging to provide administrative	16681
services regarding the PASSPORT program.	16682

~~(9)~~(8) "Program administrator" means an area agency on aging	16683
or other entity under contract with the department of aging to	16684
administer the long-term care consultation program in a geographic	16685
region specified in the contract.	16686

~~(10)~~(9) "Representative" means a person acting on behalf of	16687
an individual specified in division (G) of this section. A	16688
representative may be a family member, attorney, hospital social	16689
worker, or any other person chosen to act on behalf of the	16690
individual.	16691

(B) The department of aging shall develop a long-term care	16692
consultation program whereby individuals or their representatives	16693
are provided with long-term care consultations and receive through	16694
these professional consultations information about options	16695
available to meet long-term care needs and information about	16696
factors to consider in making long-term care decisions. The	16697
long-term care consultations provided under the program may be	16698
provided at any appropriate time, as permitted or required under	16699
this section and the rules adopted under it, including either	16700
prior to or after the individual who is the subject of a	16701
consultation has been admitted to a nursing facility or granted	16702
assistance in receiving home and community-based services covered	16703
by medicaid components the department of aging administers.	16704

(C) The long-term care consultation program shall be	16705
administered by the department of aging, except that the	16706
department may have the program administered on a regional basis	16707
by one or more program administrators. The department and each	16708
program administrator shall administer the program in such a	16709
manner that all of the following are included:	16710

(1) Coordination and collaboration with respect to all	16711
available funding sources for long-term care services;	16712

(2) Assessments of individuals regarding their long-term care	16713
service needs;	16714

(3) Assessments of individuals regarding their on-going	16715
eligibility for long-term care services;	16716

(4) Procedures for assisting individuals in obtaining access	16717
to, and coordination of, health and supportive services, including	16718
department of aging-administered medicaid waiver components;	16719

(5) Priorities for using available resources efficiently and	16720
effectively.	16721

(D) The program's long-term care consultations shall be	16722
provided by individuals certified by the department under section	16723
173.422 of the Revised Code.	16724

(E) The information provided through a long-term care	16725
consultation shall be appropriate to the individual's needs and	16726
situation and shall address all of the following:	16727

(1) The availability of any long-term care options open to	16728
the individual;	16729

(2) Sources and methods of both public and private payment	16730
for long-term care services;	16731

(3) Factors to consider when choosing among the available	16732
programs, services, and benefits;	16733

(4) Opportunities and methods for maximizing independence and	16734
self-reliance, including support services provided by the	16735
individual's family, friends, and community.	16736

(F) An individual's long-term care consultation may include	16737
an assessment of the individual's functional capabilities. The	16738
consultation may incorporate portions of the determinations	16739
required under sections ~~5111.202, 5119.061~~5119.40, ~~and~~ 5123.021,	16740
and 5165.03 of the Revised Code and may be provided concurrently	16741
with the assessment required under section ~~5111.204~~173.546 or	16742
5165.04 of the Revised Code.	16743

(G)(1) Unless an exemption specified in division (I) of this	16744
section is applicable, each of the following shall be provided	16745
with a long-term care consultation:	16746

(a) An individual who applies or indicates an intention to	16747
apply for admission to a nursing facility, regardless of the	16748
source of payment to be used for the individual's care in a	16749
nursing facility;	16750

(b) An individual who requests a long-term care consultation;

16751

(c) An individual identified by the department or a program	16752
administrator as being likely to benefit from a long-term care	16753
consultation.	16754

(2) In addition to the individuals specified in division	16755
(G)(1) of this section, a long-term care consultation may be	16756
provided to a nursing facility resident regardless of the source	16757
of payment being used for the resident's care in the nursing	16758
facility.	16759

(H)(1) Except as provided in division (H)(2) or (3) of this	16760
section, a long-term care consultation provided pursuant to	16761
division (G) of this section shall be provided as follows:	16762

(a) If the individual for whom the consultation is being	16763
provided has applied for medicaid and the consultation is being	16764
provided concurrently with the assessment required under section	16765
~~5111.204~~5165.04 of the Revised Code, the consultation shall be	16766
completed in accordance with the applicable time frames specified	16767
in that section for providing a level of care determination based	16768
on the assessment.	16769

(b) In all other cases, the consultation shall be provided	16770
not later than five calendar days after the department or program	16771
administrator receives notice of the reason for which the	16772
consultation is to be provided pursuant to division (G) of this	16773
section.	16774

(2) An individual or the individual's representative may	16775
request that a long-term care consultation be provided on a date	16776
that is later than the date required under division (H)(1)(a) or	16777
(b) of this section.	16778

(3) If a long-term care consultation cannot be completed	16779
within the number of days required by division (H)(1) or (2) of	16780
this section, the department or program administrator may do any	16781
of the following:	16782

(a) In the case of an individual specified in division (G)(1)	16783
of this section, exempt the individual from the consultation	16784
pursuant to rules that may be adopted under division (L) of this	16785
section;	16786

(b) In the case of an applicant for admission to a nursing	16787
facility, provide the consultation after the individual is	16788
admitted to the nursing facility;	16789

(c) In the case of a resident of a nursing facility, provide	16790
the consultation as soon as practicable.	16791

(I) An individual is not required to be provided a long-term	16792
care consultation under division (G)(1) of this section if any of	16793
the following apply:	16794

(1) The department or program administrator has attempted to	16795
provide the consultation, but the individual or the individual's	16796
representative refuses to cooperate;	16797

(2) The individual is to receive care in a nursing facility	16798
under a contract for continuing care as defined in section 173.13	16799
of the Revised Code;	16800

(3) The individual has a contractual right to admission to a	16801
nursing facility operated as part of a system of continuing care	16802
in conjunction with one or more facilities that provide a less	16803
intensive level of services, including a residential care facility	16804
licensed under Chapter 3721. of the Revised Code, a residential	16805
facility licensed under section ~~5119.22~~5119.34 of the Revised	16806
Code that provides accommodations, supervision, and personal care	16807
services for three to sixteen unrelated adults, or an independent	16808
living arrangement;	16809

(4) The individual is to receive continual care in a home for	16810
the aged exempt from taxation under section 5701.13 of the Revised	16811
Code;	16812

(5) The individual is seeking admission to a facility that is	16813
not a nursing facility with a provider agreement under section	16814
~~5111.22~~5165.07, ~~5111.671~~5165.511, or ~~5111.672~~5165.512 of the	16815
Revised Code;	16816

(6) The individual is exempted from the long-term care	16817
consultation requirement by the department or the program	16818
administrator pursuant to rules that may be adopted under division	16819
(L) of this section.	16820

(J) As part of the long-term care consultation program, the	16821
department or program administrator shall assist an individual or	16822
individual's representative in accessing all sources of care and	16823
services that are appropriate for the individual and for which the	16824
individual is eligible, including all available home and	16825
community-based services covered by medicaid components the	16826
department of aging administers. The assistance shall include	16827
providing for the conduct of assessments or other evaluations and	16828
the development of individualized plans of care or services under	16829
section 173.424 of the Revised Code.	16830

(K) No nursing facility for which an operator has a provider	16831
agreement under section ~~5111.22~~5165.07, ~~5111.671~~5165.511, or	16832
~~5111.672~~5165.512 of the Revised Code shall admit any individual	16833
as a resident, unless the nursing facility has received evidence	16834
that a long-term care consultation has been completed for the	16835
individual or division (I) of this section is applicable to the	16836
individual.	16837

(L) The director of aging may adopt any rules the director	16838
considers necessary for the implementation and administration of	16839
this section. The rules shall be adopted in accordance with	16840
Chapter 119. of the Revised Code and may specify any or all of the	16841
following:	16842

(1) Procedures for providing long-term care consultations	16843
pursuant to this section;	16844

(2) Information to be provided through long-term care	16845
consultations regarding long-term care services that are	16846
available;	16847

(3) Criteria and procedures to be used to identify and	16848
recommend appropriate service options for an individual receiving	16849
a long-term care consultation;	16850

(4) Criteria for exempting individuals from the long-term	16851
care consultation requirement;	16852

(5) Circumstances under which it may be appropriate to	16853
provide an individual's long-term care consultation after the	16854
individual's admission to a nursing facility rather than before	16855
admission;	16856

(6) Criteria for identifying nursing facility residents who	16857
would benefit from the provision of a long-term care consultation;	16858

(7) A description of the types of information from a nursing	16859
facility that is needed under the long-term care consultation	16860
program to assist a resident with relocation from the facility;	16861

(8) Standards to prevent conflicts of interest relative to	16862
the referrals made by a person who performs a long-term care	16863
consultation, including standards that prohibit the person from	16864
being employed by a provider of long-term care services;	16865

(9) Procedures for providing notice and an opportunity for a	16866
hearing under division (N) of this section.	16867

(M) To assist the department and each program administrator	16868
with identifying individuals who are likely to benefit from a	16869
long-term care consultation, the department and program	16870
administrator may ask to be given access to nursing facility	16871
resident assessment data collected through the use of the resident	16872
assessment instrument specified in rules ~~adopted under~~authorized	16873
by section ~~5111.02~~5165.191 of the Revised Code for purposes of	16874
the medicaid program. Except when prohibited by state or federal	16875
law, the department of health, department of ~~job and family~~	16876
~~services~~medicaid, or nursing facility holding the data shall	16877
grant access to the data on receipt of the request from the	16878
department of aging or program administrator.	16879

(N)(1) The director of aging, after providing notice and an	16880
opportunity for a hearing, may fine a nursing facility an amount	16881
determined by rules the director shall adopt in accordance with	16882
Chapter 119. of the Revised Code for any of the following reasons:	16883

(a) The nursing facility admits an individual, without	16884
evidence that a long-term care consultation has been provided, as	16885
required by this section;	16886

(b) The nursing facility denies a person attempting to	16887
provide a long-term care consultation access to the facility or a	16888
resident of the facility;	16889

(c) The nursing facility denies the department of aging or	16890
program administrator access to the facility or a resident of the	16891
facility, as the department or administrator considers necessary	16892
to administer the program.	16893

(2) In accordance with section ~~5111.62~~5162.66 of the Revised	16894
Code, all fines collected under division (N)(1) of this section	16895
shall be deposited into the state treasury to the credit of the	16896
residents protection fund.	16897

Sec. 173.43. (A) ~~Subject to section 173.433 of the Revised~~	16898
~~Code, the~~The department of aging shall enter into an interagency	16899
agreement with the department of ~~job and family services~~medicaid	16900
under section ~~5111.91~~5162.35 of the Revised Code under which the	16901
department of aging is required to establish for each biennium a	16902
unified long-term care budget for home and community-based	16903
services covered by medicaid components the department of aging	16904
administers. The interagency agreement shall require the	16905
department of aging to do all of the following:	16906

(1) Administer the unified long-term care budget in	16907
accordance with sections 173.43 to 173.434 of the Revised Code and	16908
the general assembly's appropriations for home and community-based	16909
services covered by medicaid components the department of aging	16910
administers for the applicable biennium;	16911

(2) Contract with each PASSPORT administrative agency for	16912
assistance in the administration of the unified long-term care	16913
budget;	16914

(3) Provide individuals who are eligible for home and	16915
community-based services covered by medicaid components the	16916
department of aging administers a choice of services that meet the	16917
individuals' needs and improve their quality of life;	16918

(4) Provide a continuum of services that meet the life-long	16919
needs of individuals who are eligible for home and community-based	16920
services covered by medicaid components the department of aging	16921
administers.	16922

(B) The director of budget and management shall create new	16923
appropriation items as necessary for establishment of the unified	16924
long-term care budget.	16925

Sec. 173.431. ~~Subject to section 173.433 of the Revised~~	16926
~~Code, the~~The department of aging shall ensure that the unified	16927
long-term care budget established under section 173.43 of the	16928
Revised Code is administered in a manner that provides medicaid	16929
coverage of and expands access to all of the following as	16930
necessary to meet the needs of individuals receiving home and	16931
community-based services covered by medicaid components the	16932
department of aging administers:	16933

(A) To the extent permitted by the medicaid waivers	16934
authorizing department of aging-administered medicaid waiver	16935
components, all of the following medicaid waiver services provided	16936
under department of aging-administered medicaid waiver components:	16937

(1) Personal care services;

16938

(2) Home-delivered meals;

16939

(3) Adult day-care;

16940

(4) Homemaker services;

16941

(5) Emergency response services;

16942

(6) Medical equipment and supplies;

16943

(7) Chore services;

16944

(8) Social work counseling;

16945

(9) Nutritional counseling;

16946

(10) Independent living assistance;

16947

(11) Medical transportation;

16948

(12) Nonmedical transportation;

16949

(13) Home care attendant services;

16950

(14) Assisted living services;

16951

(15) Community transition services;

16952

(16) Enhanced community living services;

16953

(17) All other medicaid waiver services provided under	16954
department of aging-administered medicaid waiver components.	16955

(B) All of the following state medicaid plan services as	16956
specified in rules adopted under section ~~5111.02~~5164.02 of the	16957
Revised Code:	16958

(1) Home health services;

16959

(2) Private duty nursing services;

16960

(3) Durable medical equipment;

16961

(4) Services of a clinical nurse specialist;

16962

(5) Services of a certified nurse practitioner.

16963

16964

Sec. 173.432. ~~Subject to section 173.433 of the Revised Code,~~	16965
~~the~~The department of aging or its designee shall provide care	16966
management and authorization services with regard to the state	16967
plan services specified in division (B) of section 173.431 of the	16968
Revised Code that are provided to participants of department of	16969
aging-administered medicaid waiver components. The department or	16970
its designee shall ensure that no person providing the care	16971
management and authorization services performs an activity that	16972
may not be performed without a valid certificate or license issued	16973
by an agency of this state unless the person holds the valid	16974
certificate or license.	16975

Sec. 173.434. ~~The director of job and family services shall~~	16976
~~adopt~~To the extent authorized by rules ~~under~~authorized by	16977
section ~~5111.85~~5162.021 of the Revised Code ~~to authorize~~, the	16978
director of aging toshall adopt rules that are needed to	16979
implement sections 173.43 to 173.432 of the Revised Code. The	16980
~~director of aging's~~ rules shall be adopted in accordance with	16981
Chapter 119. of the Revised Code.	16982

Sec. 173.45. As used in this section and in sections 173.46	16983
to 173.49 of the Revised Code:	16984

(A) "Residential facility" means a residential facility	16985
licensed under section ~~5119.22~~5119.34 of the Revised Code that	16986
provides accommodations, supervision, and personal care services	16987
for three to sixteen unrelated adults.	16988

(B) "Community-based long-term care services" has the same	16989
meaning as in section 173.14 of the Revised Code.	16990

(C) "Long-term care facility" means a nursing home or	16991
residential care facility.	16992

(D) "Nursing home" and "residential care facility" have the	16993
same meanings as in section 3721.01 of the Revised Code.	16994

(E) "Nursing facility" has the same meaning as in section	16995
~~5111.20~~5165.01 of the Revised Code.	16996

Sec. 173.47. (A) For purposes of publishing the Ohio	16997
long-term care consumer guide, the department of aging shall	16998
conduct or provide for the conduct of an annual customer	16999
satisfaction survey of each long-term care facility. The results	17000
of the surveys may include information obtained from long-term	17001
care facility residents, their families, or both. A survey that is	17002
to include information obtained from nursing facility residents	17003
shall include the questions specified in divisions (C)(7)(a) and	17004
(b) and (18) and (D)(7)(a) and (b) of section ~~5111.244~~5165.25 of	17005
the Revised Code. A survey that is to include information obtained	17006
from the families of nursing facility residents shall include the	17007
questions specified in divisions (C)(8)(a) and (b) and (19) and	17008
(D)(8)(a) and (b) of section ~~5111.244~~5165.25 of the Revised Code.	17009

(B) Each long-term care facility shall cooperate in the	17010
conduct of its annual customer satisfaction survey.	17011

Sec. 173.48. (A)(1) The department of aging may charge annual	17012
fees to long-term care facilities for the publication of the Ohio	17013
long-term care consumer guide. The department may contract with	17014
any person or government entity to collect the fees on its behalf.	17015
All fees collected under this section shall be deposited in	17016
accordance with division (B) of this section.	17017

(2) The annual fees charged under this section shall not	17018
exceed the following amounts:	17019

(a) Six hundred fifty dollars for each long-term care	17020
facility that is a nursing home;	17021

(b) Three hundred dollars for each long-term care facility	17022
that is a residential care facility.	17023

(3) Fees paid by a long-term care facility that is a nursing	17024
facility shall be reimbursed through the medicaid program ~~operated~~	17025
~~under Chapter 5111. of the Revised Code~~.	17026

(B) There is hereby created in the state treasury the	17027
long-term care consumer guide fund. Money collected from the fees	17028
charged for the publication of the Ohio long-term care consumer	17029
guide under division (A) of this section shall be credited to the	17030
fund. The department shall use money in the fund for costs	17031
associated with publishing the Ohio long-term care consumer guide,	17032
including, but not limited to, costs incurred in conducting or	17033
providing for the conduct of customer satisfaction surveys.	17034

Sec. 173.50. (A) Pursuant to a contract entered into with the	17035
department of ~~job and family services~~medicaid as an interagency	17036
agreement under section ~~5111.91~~5162.35 of the Revised Code, the	17037
department of aging shall carry out the day-to-day administration	17038
of the component of the medicaid program ~~established under Chapter~~	17039
~~5111. of the Revised Code~~ known as the program of all-inclusive	17040
care for the elderly or PACE. The department of aging shall carry	17041
out its PACE administrative duties in accordance with the	17042
provisions of the interagency agreement and all applicable federal	17043
laws, including the "Social Security Act," ~~79 Stat. 286 (1965)~~	17044
section 1934, 42 U.S.C. 1396u-4~~, as amended~~.	17045

(B) ~~The department~~To the extent authorized by rules	17046
authorized by section 5162.021 of the Revised Code, the director	17047
of aging may adopt rules in accordance with Chapter 119. of the	17048
Revised Code regarding the PACE program, including rules	17049
establishing priorities for enrolling in the program pursuant to	17050
section 173.501 of the Revised Code. The ~~department's~~ rules ~~are~~	17051
~~subject to both of the following:~~	17052

~~(1) The rules shall be authorized by rules adopted by the~~	17053
~~department of job and family services.~~	17054

~~(2) The rules~~ shall address only those issues that are not	17055
addressed in rules adopted by the ~~department of job and family~~	17056
~~services~~medicaid director for the PACE program.	17057

Sec. 173.501. (A) As used in this section:

17058

"Nursing facility" has the same meaning as in section ~~5111.20~~	17059
5165.01 of the Revised Code.	17060

"PACE provider" has the same meaning as in the "Social	17061
Security Act," section 1934(a)(3), 42 U.S.C. 1396u-4(a)(3).	17062

(B) The department of aging shall establish a home first	17063
component of the PACE program under which eligible individuals may	17064
be enrolled in the PACE program in accordance with this section.	17065
An individual is eligible for the PACE program's home first	17066
component if both of the following apply:	17067

(1) The individual has been determined to be eligible for the	17068
PACE program.	17069

(2) At least one of the following applies:

17070

(a) The individual has been admitted to a nursing facility.

17071

(b) A physician has determined and documented in writing that	17072
the individual has a medical condition that, unless the individual	17073
is enrolled in home and community-based services such as the PACE	17074
program, will require the individual to be admitted to a nursing	17075
facility within thirty days of the physician's determination.	17076

(c) The individual has been hospitalized and a physician has	17077
determined and documented in writing that, unless the individual	17078
is enrolled in home and community-based services such as the PACE	17079
program, the individual is to be transported directly from the	17080
hospital to a nursing facility and admitted.	17081

(d) Both of the following apply:

17082

(i) The individual is the subject of a report made under	17083
section 5101.61 of the Revised Code regarding abuse, neglect, or	17084
exploitation or such a report referred to a county department of	17085
job and family services under section 5126.31 of the Revised Code	17086
or has made a request to a county department for protective	17087
services as defined in section 5101.60 of the Revised Code.	17088

(ii) A county department of job and family services and an	17089
area agency on aging have jointly documented in writing that,	17090
unless the individual is enrolled in home and community-based	17091
services such as the PACE program, the individual should be	17092
admitted to a nursing facility.	17093

(C) Each month, the department of aging shall identify	17094
individuals who are eligible for the home first component of the	17095
PACE program. When the department identifies such an individual,	17096
the department shall notify the PACE provider serving the area in	17097
which the individual resides. The PACE provider shall determine	17098
whether the PACE program is appropriate for the individual and	17099
whether the individual would rather participate in the PACE	17100
program than continue or begin to reside in a nursing facility. If	17101
the PACE provider determines that the PACE program is appropriate	17102
for the individual and the individual would rather participate in	17103
the PACE program than continue or begin to reside in a nursing	17104
facility, the PACE provider shall so notify the department of	17105
aging. On receipt of the notice from the PACE provider, the	17106
department of aging shall approve the individual's enrollment in	17107
the PACE program in accordance with priorities established in	17108
rules adopted under section 173.50 of the Revised Code.	17109

Sec. 173.51. As used in sections 173.51 to 173.56 of the	17110
Revised Code:	17111

"Area agency on aging" has the same meaning as in section	17112
173.14 of the Revised Code.	17113

"Assisted living program" means the program that consists of	17114
a medicaid-funded component created under section 173.54 of the	17115
Revised Code and a state-funded component created under section	17116
173.543 of the Revised Code and provides assisted living services	17117
to individuals who meet the program's applicable eligibility	17118
requirements.	17119

"Assisted living services" means the following home and	17120
community-based services: personal care, homemaker, chore,	17121
attendant care, companion, medication oversight, and therapeutic	17122
social and recreational programming.	17123

"Assisted living waiver" means the federal medicaid waiver	17124
granted by the United States secretary of health and human	17125
services that authorizes the medicaid-funded component of the	17126
assisted living program.	17127

"Choices program" means the program created under section	17128
173.53 of the Revised Code.	17129

"County or district home" means a county or district home	17130
operated under Chapter 5155. of the Revised Code.	17131

"Long-term care consultation program" means the program the	17132
department of aging is required to develop under section 173.42 of	17133
the Revised Code.	17134

"Long-term care consultation program administrator" or	17135
"administrator" means the department of aging or, if the	17136
department contracts with an area agency on aging or other entity	17137
to administer the long-term care consultation program for a	17138
particular area, that agency or entity.	17139

"Medicaid waiver component" has the same meaning as in	17140
section 5166.01 of the Revised Code.	17141

"Nursing facility" has the same meaning as in section 5165.01	17142
of the Revised Code.	17143

"PASSPORT program" means the preadmission screening system	17144
providing options and resources today program (PASSPORT) that	17145
consists of a medicaid-funded component created under section	17146
173.52 of the Revised Code and a state-funded component created	17147
under section 173.522 of the Revised Code and provides home and	17148
community-based services as an alternative to nursing facility	17149
placement for individuals who are aged and disabled and meet the	17150
program's applicable eligibility requirements.	17151

"PASSPORT waiver" means the federal medicaid waiver granted	17152
by the United States secretary of health and human services that	17153
authorizes the medicaid-funded component of the PASSPORT program.	17154

"Representative" means a person acting on behalf of an	17155
applicant for the medicaid-funded component or state-funded	17156
component of the assisted living program. A representative may be	17157
a family member, attorney, hospital social worker, or any other	17158
person chosen to act on behalf of an applicant.	17159

"Residential care facility" has the same meaning as in	17160
section 3721.01 of the Revised Code.	17161

"Unified long-term services and support medicaid waiver	17162
component" means the medicaid waiver component authorized by	17163
section 5166.14 of the Revised Code.	17164

~~Sec. 173.40.~~ Sec. 173.52. (A) ~~As used in sections 173.40 to~~	17165
~~173.402 of the Revised Code:~~	17166

~~"Medicaid waiver component" has the same meaning as in~~	17167
~~section 5111.85 of the Revised Code.~~	17168

~~"PASSPORT program" means the program created under this~~	17169
~~section.~~	17170

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	17171
~~by the United States secretary of health and human services that~~	17172
~~authorizes the medicaid-funded component of the PASSPORT program.~~	17173

~~"Unified long-term services and support medicaid waiver~~	17174
~~component" means the medicaid waiver component authorized by~~	17175
~~section 5111.864 of the Revised Code.~~	17176

~~(B) There is hereby created~~The department of medicaid shall	17177
create the medicaid-funded component of the ~~preadmission screening~~	17178
~~system providing options and resources today program, or~~ PASSPORT	17179
program. ~~The PASSPORT program shall provide home and~~	17180
~~community-based services as an alternative to nursing facility~~	17181
~~placement for individuals who are aged and disabled and meet the~~	17182
~~program's applicable eligibility requirements. Subject to division~~	17183
~~(C) of this section, the program shall have a medicaid-funded~~	17184
~~component and a state-funded component.~~In creating the	17185
medicaid-funded component, the department of medicaid shall	17186
collaborate with the department of aging.	17187

~~(C)(1)~~(B) Unless the medicaid-funded component of the	17188
PASSPORT program is terminated under division (C)~~(2)~~ of this	17189
section, all of the following apply:	17190

~~(a)~~(1) The department of aging shall administer the	17191
medicaid-funded component through a contract entered into with the	17192
department of ~~job and family services~~medicaid under section	17193
~~5111.91~~5162.35 of the Revised Code.	17194

~~(b)~~(2) The medicaid-funded component shall be operated as a	17195
separate medicaid waiver component.	17196

~~(c)~~(3) For an individual to be eligible for the	17197
medicaid-funded component, the individual must be a medicaid	17198
recipient and meet the additional eligibility requirements	17199
applicable to the individual established in rules adopted under	17200
division ~~(C)(1)(d)~~(B)(4) of this section.	17201

~~(d) The director of job and family services shall adopt~~(4)	17202
To the extent authorized by rules ~~under~~authorization by section	17203
~~5111.85~~5162.021 of the Revised Code ~~and~~, the director of aging	17204
shall adopt rules in accordance with Chapter 119. of the Revised	17205
Code to implement the medicaid-funded component.	17206

~~(2)~~(C) If the unified long-term services and support medicaid	17207
waiver component is created, the departments of aging and ~~job and~~	17208
~~family services~~medicaid shall work together to determine whether	17209
the medicaid-funded component of the PASSPORT program should	17210
continue to operate as a separate medicaid waiver component or be	17211
terminated. If the departments determine that the medicaid-funded	17212
component of the PASSPORT program should be terminated, the	17213
medicaid-funded component shall cease to exist on a date the	17214
departments shall specify.	17215

~~(D)(1) The department of aging shall administer the~~	17216
~~state-funded component of the PASSPORT program. The state-funded~~	17217
~~component shall not be administered as part of the medicaid~~	17218
~~program.~~	17219

~~(2) For an individual to be eligible for the state-funded~~	17220
~~component, the individual must meet one of the following~~	17221
~~requirements and meet the additional eligibility requirements~~	17222
~~applicable to the individual established in rules adopted under~~	17223
~~division (D)(4) of this section:~~	17224

~~(a) The individual must have been enrolled in the~~	17225
~~state-funded component on September 1, 1991, (as the state-funded~~	17226
~~component was authorized by uncodified law in effect at that time)~~	17227
~~and have had one or more applications for enrollment in the~~	17228
~~medicaid-funded component (or, if the medicaid-funded component is~~	17229
~~terminated under division (C)(2) of this section, the unified~~	17230
~~long-term services and support medicaid waiver component) denied.~~	17231

~~(b) The individual must have had the individual's enrollment~~	17232
~~in the medicaid-funded component (or, if the medicaid-funded~~	17233
~~component is terminated under division (C)(2) of this section, the~~	17234
~~unified long-term services and support medicaid waiver component)~~	17235
~~terminated and the individual must still need the home and~~	17236
~~community-based services provided under the PASSPORT program to~~	17237
~~protect the individual's health and safety.~~	17238

~~(c) The individual must have an application for the~~	17239
~~medicaid-funded component (or, if the medicaid-funded component is~~	17240
~~terminated under division (C)(2) of this section, the unified~~	17241
~~long-term services and support medicaid waiver component) pending~~	17242
~~and the department or the department's designee must have~~	17243
~~determined that the individual meets the nonfinancial eligibility~~	17244
~~requirements of the medicaid-funded component (or, if the~~	17245
~~medicaid-funded component is terminated under division (C)(2) of~~	17246
~~this section, the unified long-term services and support medicaid~~	17247
~~waiver component) and not have reason to doubt that the individual~~	17248
~~meets the financial eligibility requirements of the~~	17249
~~medicaid-funded component (or, if the medicaid-funded component is~~	17250
~~terminated under division (C)(2) of this section, the unified~~	17251
~~long-term services and support medicaid waiver component).~~	17252

~~(3) An individual who is eligible for the state-funded~~	17253
~~component because the individual meets the requirement of division~~	17254
~~(D)(2)(c) of this section may participate in the component on that~~	17255
~~basis for not more than ninety days.~~	17256

~~(4) The director of aging shall adopt rules in accordance~~	17257
~~with section 111.15 of the Revised Code to implement the~~	17258
~~state-funded component. The additional eligibility requirements~~	17259
~~established in the rules may vary for the different groups of~~	17260
~~individuals specified in divisions (D)(2)(a), (b), and (c) of this~~	17261
~~section.~~	17262

~~Sec. 173.401.~~ Sec. 173.521. (A) ~~As used in this section:~~

17263

~~"Area agency on aging" has the same meaning as in section~~	17264
~~173.14 of the Revised Code.~~	17265

~~"Long-term care consultation program" means the program the~~	17266
~~department of aging is required to develop under section 173.42 of~~	17267
~~the Revised Code.~~	17268

~~"Long-term care consultation program administrator" or~~	17269
~~"administrator" means the department of aging or, if the~~	17270
~~department contracts with an area agency on aging or other entity~~	17271
~~to administer the long-term care consultation program for a~~	17272
~~particular area, that agency or entity.~~	17273

~~"Nursing facility" has the same meaning as in section 5111.20~~	17274
~~of the Revised Code.~~	17275

~~(B) Subject~~Unless the medicaid-funded component of the	17276
PASSPORT program is terminated pursuant to division (C)~~(2)~~ of	17277
section ~~173.40~~173.52 of the Revised Code, the department shall	17278
establish a home first component of the PASSPORT program under	17279
which eligible individuals may be enrolled in the medicaid-funded	17280
component of the PASSPORT program in accordance with this section.	17281
An individual is eligible for the PASSPORT program's home first	17282
component if both of the following apply:	17283

(1) The individual has been determined to be eligible for the	17284
medicaid-funded component of the PASSPORT program.	17285

(2) At least one of the following applies:

17286

(a) The individual has been admitted to a nursing facility.

17287

(b) A physician has determined and documented in writing that	17288
the individual has a medical condition that, unless the individual	17289
is enrolled in home and community-based services such as the	17290
PASSPORT program, will require the individual to be admitted to a	17291
nursing facility within thirty days of the physician's	17292
determination.	17293

(c) The individual has been hospitalized and a physician has	17294
determined and documented in writing that, unless the individual	17295
is enrolled in home and community-based services such as the	17296
PASSPORT program, the individual is to be transported directly	17297
from the hospital to a nursing facility and admitted.	17298

(d) Both of the following apply:

17299

(i) The individual is the subject of a report made under	17300
section 5101.61 of the Revised Code regarding abuse, neglect, or	17301
exploitation or such a report referred to a county department of	17302
job and family services under section 5126.31 of the Revised Code	17303
or has made a request to a county department for protective	17304
services as defined in section 5101.60 of the Revised Code.	17305

(ii) A county department of job and family services and an	17306
area agency on aging have jointly documented in writing that,	17307
unless the individual is enrolled in home and community-based	17308
services such as the PASSPORT program, the individual should be	17309
admitted to a nursing facility.	17310

~~(C)~~(B) Each month, each area agency on aging shall identify	17311
individuals residing in the area that the agency serves who are	17312
eligible for the home first component of the PASSPORT program.	17313
When an area agency on aging identifies such an individual, the	17314
agency shall notify the long-term care consultation program	17315
administrator serving the area in which the individual resides.	17316
The administrator shall determine whether the PASSPORT program is	17317
appropriate for the individual and whether the individual would	17318
rather participate in the PASSPORT program than continue or begin	17319
to reside in a nursing facility. If the administrator determines	17320
that the PASSPORT program is appropriate for the individual and	17321
the individual would rather participate in the PASSPORT program	17322
than continue or begin to reside in a nursing facility, the	17323
administrator shall so notify the department of aging. On receipt	17324
of the notice from the administrator, the department shall approve	17325
the individual's enrollment in the medicaid-funded component of	17326
the PASSPORT program regardless of the unified waiting list	17327
established under section ~~173.404~~173.55 of the Revised Code,	17328
unless the enrollment would cause the component to exceed any	17329
limit on the number of individuals who may be enrolled in the	17330
component as set by the United States secretary of health and	17331
human services in the PASSPORT waiver.	17332

Sec. 173.522. (A) The department of aging shall create and	17333
administer the state-funded component of the PASSPORT program. The	17334
state-funded component shall not be administered as part of the	17335
medicaid program.	17336

(B) For an individual to be eligible for the state-funded	17337
component of the PASSPORT program, the individual must meet one of	17338
the following requirements and meet the additional eligibility	17339
requirements applicable to the individual established in rules	17340
adopted under division (D) of this section:	17341

(1) The individual must have been enrolled in the	17342
state-funded component on September 1, 1991, (as the state-funded	17343
component was authorized by uncodified law in effect at that time)	17344
and have had one or more applications for enrollment in the	17345
medicaid-funded component of the PASSPORT program (or, if the	17346
medicaid-funded component is terminated under division (C) of	17347
section 173.52 of the Revised Code, the unified long-term services	17348
and support medicaid waiver component) denied.	17349

(2) The individual must have had the individual's enrollment	17350
in the medicaid-funded component of the PASSPORT program (or, if	17351
the medicaid-funded component is terminated under division (C) of	17352
section 173.52 of the Revised Code, the unified long-term services	17353
and support medicaid waiver component) terminated and the	17354
individual must still need the home and community-based services	17355
provided under the PASSPORT program to protect the individual's	17356
health and safety.	17357

(3) The individual must have an application for the	17358
medicaid-funded component of the PASSPORT program (or, if the	17359
medicaid-funded component is terminated under division (C) of	17360
section 173.52 of the Revised Code, the unified long-term services	17361
and support medicaid waiver component) pending and the department	17362
or the department's designee must have determined that the	17363
individual meets the nonfinancial eligibility requirements of the	17364
medicaid-funded component (or, if the medicaid-funded component is	17365
terminated under division (C) of section 173.52 of the Revised	17366
Code, the unified long-term services and support medicaid waiver	17367
component) and not have reason to doubt that the individual meets	17368
the financial eligibility requirements of the medicaid-funded	17369
component (or, if the medicaid-funded component is terminated	17370
under division (C) of section 173.52 of the Revised Code, the	17371
unified long-term services and support medicaid waiver component).	17372

(C) An individual who is eligible for the state-funded	17373
component of the PASSPORT program because the individual meets the	17374
requirement of division (B)(3) of this section may participate in	17375
the component on that basis for not more than ninety days.	17376

(D) The director of aging shall adopt rules in accordance	17377
with section 111.15 of the Revised Code to implement the	17378
state-funded component of the PASSPORT program. The additional	17379
eligibility requirements established in the rules may vary for the	17380
different groups of individuals specified in divisions (B)(1),	17381
(2), and (3) of this section.	17382

Sec. 173.523. (A) An individual who is an applicant for or	17383
participant or former participant in the state-funded component of	17384
the PASSPORT program may appeal an adverse action taken or	17385
proposed to be taken by the department of aging or an entity	17386
designated by the department concerning participation in or	17387
services provided under the component if the action will result in	17388
any of the following:	17389

(1) Denial of enrollment or continued enrollment in the	17390
component;	17391

(2) Denial of or reduction in the amount of services	17392
requested by or offered to the individual under the component;	17393

(3) Assessment of any patient liability payment pursuant to	17394
rules adopted by the department under this section.	17395

The appeal shall be made in accordance with section 173.56 of	17396
the Revised Code and rules adopted pursuant to that section.	17397

(B) An individual who is an applicant for or participant or	17398
former participant in the state-funded component of the PASSPORT	17399
program may not bring an appeal under this or any other section of	17400
the Revised Code if any of the following is the case:	17401

(1) The individual has voluntarily withdrawn the application	17402
for enrollment in the component;	17403

(2) The individual has voluntarily terminated enrollment in	17404
the component;	17405

(3) The individual agrees with the action being taken or	17406
proposed;	17407

(4) The individual fails to submit a written request for a	17408
hearing to the director of aging within the time specified in the	17409
rules adopted pursuant to section 173.56 of the Revised Code;	17410

(5) The individual has received services under the component	17411
for the maximum time permitted by this section.	17412

~~Sec. 173.402.~~ Sec. 173.524. An individual enrolled in the PASSPORT	17413
program may request that home-delivered meals provided to the	17414
individual under the PASSPORT program be kosher. If such a request	17415
is made, the department of aging or the department's designee	17416
shall ensure that each home-delivered meal provided to the	17417
individual under the PASSPORT program is kosher. In complying with	17418
this requirement, the department or department's designee shall	17419
require each entity that provides home-delivered meals to the	17420
individual to provide the individual with meals that meet, as much	17421
as possible, the requirements established in rules adopted under	17422
~~section 173.40~~sections 173.52 and 173.522 of the Revised Code	17423
governing the home-delivered meal service while complying with	17424
kosher practices for meal preparation and dietary restrictions.	17425

An entity that provides a kosher home-delivered meal to a	17426
PASSPORT program enrollee pursuant to this section shall be	17427
reimbursed for the meal at a rate equal to the rate for	17428
home-delivered meals furnished to PASSPORT program enrollees	17429
requiring a therapeutic diet.	17430

~~Sec. 173.403.~~ Sec. 173.53. (A) ~~As used in this section:~~

17431

~~"Choices program" means the program created under this~~	17432
~~section.~~	17433

~~"Medicaid waiver component" has the same meaning as in~~	17434
~~section 5111.85 of the Revised Code.~~	17435

~~"Unified long-term services and support medicaid waiver~~	17436
~~component" means the medicaid waiver component authorized by~~	17437
~~section 5111.864 of the Revised Code.~~	17438

~~(B) Subject to division (C) of this section, there is hereby~~	17439
~~created~~The department of medicaid shall create the choices	17440
program. In creating the choices program, the department of	17441
medicaid shall collaborate with the department of aging. Subject	17442
to division (B) of this section:	17443

(1) The choices program shall provide home and	17444
community-based services~~. The~~;	17445

(2) The department of aging shall administer the choices	17446
program through a contract entered into with the department of	17447
~~job and family services~~medicaid under section ~~5111.91~~5162.35 of	17448
the Revised Code~~. Subject to federal approval, the~~;	17449

(3) The choices program shall be available statewide.

17450

~~(C)~~(B) If the unified long-term services and support medicaid	17451
waiver component is created, the departments of aging and ~~job and~~	17452
~~family services~~medicaid shall ~~work together~~collaborate to	17453
determine whether the choices program should continue to operate	17454
as a separate medicaid waiver component or be terminated. If the	17455
departments determine that the choices program should be	17456
terminated, the program shall cease to exist on a date the	17457
departments shall specify.	17458

(C) If the choices program is terminated pursuant to division	17459
(B) of this section or for another reason, not sooner than six	17460
months before the date on which the program ceases to exist, the	17461
director of aging may do both of the following:	17462

(1) Suspend new enrollments in the choices program;

17463

(2) Transfer participants of the choices program to the	17464
following:	17465

(a) Except as provided in division (C)(2)(b) of this section,	17466
the medicaid-funded component of the PASSPORT program created	17467
under section 173.52 of the Revised Code;	17468

(b) If the medicaid-funded component of the PASSPORT program	17469
is terminated pursuant to division (C) of section 173.52 of the	17470
Revised Code, the unified long-term services and support medicaid	17471
waiver component.	17472

~~Sec. 5111.89.~~ Sec. 173.54. (A) ~~As used in sections 5111.89 to~~	17473
~~5111.894 of the Revised Code:~~	17474

~~"Area agency on aging" has the same meaning as in section~~	17475
~~173.14 of the Revised Code.~~	17476

~~"Assisted living program" means the program created under~~	17477
~~this section.~~	17478

~~"Assisted living services" means the following home and~~	17479
~~community-based services: personal care, homemaker, chore,~~	17480
~~attendant care, companion, medication oversight, and therapeutic~~	17481
~~social and recreational programming.~~	17482

~~"Assisted living waiver" means the federal medicaid waiver~~	17483
~~granted by the United States secretary of health and human~~	17484
~~services that authorizes the medicaid-funded component of the~~	17485
~~assisted living program.~~	17486

~~"County or district home" means a county or district home~~	17487
~~operated under Chapter 5155. of the Revised Code.~~	17488

~~"Long-term care consultation program" means the program the~~	17489
~~department of aging is required to develop under section 173.42 of~~	17490
~~the Revised Code.~~	17491

~~"Long-term care consultation program administrator" or~~	17492
~~"administrator" means the department of aging or, if the~~	17493
~~department contracts with an area agency on aging or other entity~~	17494
~~to administer the long-term care consultation program for a~~	17495
~~particular area, that agency or entity.~~	17496

~~"Medicaid waiver component" has the same meaning as in~~	17497
~~section 5111.85 of the Revised Code.~~	17498

~~"Nursing facility" has the same meaning as in section 5111.20~~	17499
~~of the Revised Code.~~	17500

~~"Residential care facility" has the same meaning as in~~	17501
~~section 3721.01 of the Revised Code.~~	17502

~~"Unified long-term services and support medicaid waiver~~	17503
~~component" means the medicaid waiver component authorized by~~	17504
~~section 5111.864 of the Revised Code.~~	17505

~~(B) There is hereby created~~The department of medicaid shall	17506
create the medicaid-funded component of the assisted living	17507
program. ~~The program shall provide assisted living services to~~	17508
~~individuals who meet the program's applicable eligibility~~	17509
~~requirements. Subject to division (C) of this section, the program~~	17510
~~shall have a medicaid-funded component and a state-funded~~	17511
~~component~~In creating the medicaid-funded component, the	17512
department of medicaid shall collaborate with the department of	17513
aging.	17514

~~(C)(1)~~(B) Unless the medicaid-funded component of the	17515
assisted living program is terminated under division (C)~~(2)~~ of	17516
this section, all of the following apply:	17517

~~(a)~~(1) The department of aging shall administer the	17518
medicaid-funded component through a contract entered into with the	17519
department of ~~job and family services~~medicaid under section	17520
~~5111.91~~5162.35 of the Revised Code.	17521

~~(b)~~(2) The contract shall include an estimate of the	17522
medicaid-funded component's costs.	17523

~~(c)~~(3) The medicaid-funded component shall be operated as a	17524
separate medicaid waiver component.	17525

~~(d)~~(4) The medicaid-funded component may not serve more	17526
individuals than is set by the United States secretary of health	17527
and human services in the assisted living waiver.	17528

~~(e) The director of job and family services may adopt rules~~	17529
~~under section 5111.85 of the Revised Code regarding the~~	17530
~~medicaid-funded component.~~	17531

~~(f) The~~(5) To the extent authorized by rules authorized by	17532
section 5162.021 of the Revised Code, the director of aging may	17533
adopt rules under Chapter 119. of the Revised Code regarding the	17534
medicaid-funded component ~~that the rules adopted by the director~~	17535
~~of job and family services under division (C)(1)(e) of this~~	17536
~~section authorize the director of aging to adopt~~.	17537

~~(2)~~(C) If the unified long-term services and support medicaid	17538
waiver component is created, the departments of aging and ~~job and~~	17539
~~family services~~medicaid shall ~~work together~~collaborate to	17540
determine whether the medicaid-funded component of the assisted	17541
living program should continue to operate as a separate medicaid	17542
waiver component or be terminated. If the departments determine	17543
that the medicaid-funded component of the assisted living program	17544
should be terminated, the medicaid-funded component shall cease to	17545
exist on a date the departments shall specify.	17546

~~(D) The department of aging shall administer the state-funded~~	17547
~~component of the assisted living program. The state-funded~~	17548
~~component shall not be administered as part of the medicaid~~	17549
~~program.~~	17550

~~An individual who is eligible for the state-funded component~~	17551
~~may participate in the component for not more than ninety days.~~	17552

~~The director of aging shall adopt rules in accordance with~~	17553
~~section 111.15 of the Revised Code to implement the state-funded~~	17554
~~component.~~	17555

~~Sec. 5111.891.~~ Sec. 173.541. To be eligible for the	17556
medicaid-funded component of the assisted living program, an	17557
individual must meet all of the following requirements:	17558

(A) Need an intermediate level of care as determined ~~under~~	17559
~~rule 5101:3-3-06~~by an assessment conducted under section 173.546	17560
of the ~~Administrative~~Revised Code;	17561

(B) While receiving assisted living services under the	17562
medicaid-funded component, reside in a residential care facility	17563
that is authorized by a valid medicaid provider agreement to	17564
participate in the component, including both of the following:	17565

(1) A residential care facility that is owned or operated by	17566
a metropolitan housing authority that has a contract with the	17567
United States department of housing and urban development to	17568
receive an operating subsidy or rental assistance for the	17569
residents of the facility;	17570

(2) A county or district home licensed as a residential care	17571
facility.	17572

(C) Meet all other eligibility requirements for the	17573
medicaid-funded component established in rules adopted ~~pursuant to~~	17574
~~division (C) of~~under section ~~5111.89~~173.54 of the Revised Code.	17575

~~Sec. 5111.894.~~ Sec. 173.542. (A) ~~Subject~~Unless the	17576
medicaid-funded component of the assisted living program is	17577
terminated pursuant to division (C)~~(2)~~ of section ~~5111.89~~173.54	17578
of the Revised Code, the department of aging shall establish a	17579
home first component of the assisted living program under which	17580
eligible individuals may be enrolled in the medicaid-funded	17581
component of the assisted living program in accordance with this	17582
section. An individual is eligible for the assisted living	17583
program's home first component if both of the following apply:	17584

(1) The individual has been determined to be eligible for the	17585
medicaid-funded component of the assisted living program.	17586

(2) At least one of the following applies:

17587

(a) The individual has been admitted to a nursing facility.

17588

(b) A physician has determined and documented in writing that	17589
the individual has a medical condition that, unless the individual	17590
is enrolled in home and community-based services such as the	17591
assisted living program, will require the individual to be	17592
admitted to a nursing facility within thirty days of the	17593
physician's determination.	17594

(c) The individual has been hospitalized and a physician has	17595
determined and documented in writing that, unless the individual	17596
is enrolled in home and community-based services such as the	17597
assisted living program, the individual is to be transported	17598
directly from the hospital to a nursing facility and admitted.	17599

(d) Both of the following apply:

17600

(i) The individual is the subject of a report made under	17601
section 5101.61 of the Revised Code regarding abuse, neglect, or	17602
exploitation or such a report referred to a county department of	17603
job and family services under section 5126.31 of the Revised Code	17604
or has made a request to a county department for protective	17605
services as defined in section 5101.60 of the Revised Code.	17606

(ii) A county department of job and family services and an	17607
area agency on aging have jointly documented in writing that,	17608
unless the individual is enrolled in home and community-based	17609
services such as the assisted living program, the individual	17610
should be admitted to a nursing facility.	17611

(B) Each month, each area agency on aging shall identify	17612
individuals residing in the area that the area agency on aging	17613
serves who are eligible for the home first component of the	17614
assisted living program. When an area agency on aging identifies	17615
such an individual and determines that there is a vacancy in a	17616
residential care facility participating in the medicaid-funded	17617
component of the assisted living program that is acceptable to the	17618
individual, the agency shall notify the long-term care	17619
consultation program administrator serving the area in which the	17620
individual resides. The administrator shall determine whether the	17621
assisted living program is appropriate for the individual and	17622
whether the individual would rather participate in the assisted	17623
living program than continue or begin to reside in a nursing	17624
facility. If the administrator determines that the assisted living	17625
program is appropriate for the individual and the individual would	17626
rather participate in the assisted living program than continue or	17627
begin to reside in a nursing facility, the administrator shall so	17628
notify the department of aging. On receipt of the notice from the	17629
administrator, the department shall approve the individual's	17630
enrollment in the medicaid-funded component of the assisted living	17631
program regardless of the unified waiting list established under	17632
section ~~173.404~~173.55 of the Revised Code, unless the enrollment	17633
would cause the component to exceed any limit on the number of	17634
individuals who may participate in the component as set by the	17635
United States secretary of health and human services in the	17636
assisted living waiver.	17637

Sec. 173.543. The department of aging shall create and	17638
administer the state-funded component of the assisted living	17639
program. The state-funded component shall not be administered as	17640
part of the medicaid program.	17641

An individual who is eligible for the state-funded component	17642
may participate in the component for not more than ninety days.	17643

The director of aging shall adopt rules in accordance with	17644
section 111.15 of the Revised Code to implement the state-funded	17645
component.	17646

~~Sec. 5111.892.~~ Sec. 173.544. To be eligible for the state-funded	17647
component of the assisted living program, an individual must meet	17648
all of the following requirements:	17649

(A) The individual must need an intermediate level of care as	17650
determined ~~under rule 5101:3-3-06~~by an assessment conducted under	17651
section 173.546 of the ~~Administrative~~Revised Code;.	17652

(B) The individual must have an application for the	17653
medicaid-funded component of the assisted living program (or, if	17654
the medicaid-funded component is terminated under division (C)~~(2)~~	17655
of section ~~5111.89~~173.54 of the Revised Code, the unified	17656
long-term services and support medicaid waiver component) pending	17657
and the department or the department's designee must have	17658
determined that the individual meets the nonfinancial eligibility	17659
requirements of the medicaid-funded component (or, if the	17660
medicaid-funded component is terminated under division (C)~~(2)~~ of	17661
section ~~5111.89~~173.54 of the Revised Code, the unified long-term	17662
services and support medicaid waiver component) and not have	17663
reason to doubt that the individual meets the financial	17664
eligibility requirements of the medicaid-funded component (or, if	17665
the medicaid-funded component is terminated under division (C)~~(2)~~	17666
of section ~~5111.89~~173.54 of the Revised Code, the unified	17667
long-term services and support medicaid waiver component).	17668

(C) While receiving assisted living services under the	17669
state-funded component, the individual must reside in a	17670
residential care facility that is authorized by a valid provider	17671
agreement to participate in the component, including both of the	17672
following:	17673

(1) A residential care facility that is owned or operated by	17674
a metropolitan housing authority that has a contract with the	17675
United States department of housing and urban development to	17676
receive an operating subsidy or rental assistance for the	17677
residents of the facility;	17678

(2) A county or district home licensed as a residential care	17679
facility.	17680

(D) The individual must meet all other eligibility	17681
requirements for the state-funded component established in rules	17682
adopted under ~~division (D) of~~ section ~~5111.89~~173.54 of the	17683
Revised Code.	17684

Sec. 173.545. (A) An individual who is an applicant for or	17685
participant or former participant in the state-funded component of	17686
the assisted living program may appeal an adverse action taken or	17687
proposed to be taken by the department of aging or an entity	17688
designated by the department concerning participation in or	17689
services provided under the component if the action will result in	17690
any of the following:	17691

(1) Denial of enrollment or continued enrollment in the	17692
component;	17693

(2) Denial of or reduction in the amount of services	17694
requested by or offered to the individual under the component;	17695

(3) Assessment of any patient liability payment pursuant to	17696
rules adopted by the department under this section.	17697

The appeal shall be made in accordance with section 173.56 of	17698
the Revised Code and rules adopted pursuant to that section.	17699

(B) An individual who is an applicant for or participant or	17700
former participant in the state-funded component of the assisted	17701
living program may not bring an appeal under this or any other	17702
section of the Revised Code if any of the following is the case:	17703

(1) The individual has voluntarily withdrawn the application	17704
for enrollment in the component;	17705

(2) The individual has voluntarily terminated enrollment in	17706
the component;	17707

(3) The individual agrees with the action being taken or	17708
proposed;	17709

(4) The individual fails to submit a written request for a	17710
hearing to the director of aging within the time specified in the	17711
rules adopted pursuant to section 173.56 of the Revised Code;	17712

(5) The individual has received services under the component	17713
for the maximum time permitted by this section.	17714

Sec. 173.546. (A) Each applicant for the assisted living	17715
program shall undergo an assessment to determine whether the	17716
applicant needs an intermediate level of care. The department of	17717
medicaid or an agency under contract pursuant to division (C) of	17718
this section shall conduct the assessment. The assessment may be	17719
performed concurrently with a long-term care consultation provided	17720
under section 173.42 of the Revised Code.	17721

(B) An applicant or applicant's representative has the right	17722
to appeal an assessment's findings. Section 5160.31 of the Revised	17723
Code applies to appeals regarding the medicaid-funded component of	17724
the assisted living program. The department or an agency under	17725
contract to conduct the assessment shall provide written notice of	17726
this right to the applicant or applicant's representative and the	17727
residential care facility in which the applicant intends to reside	17728
if enrolled in the assisted living program. The notice shall	17729
include an explanation of the appeal procedures. The department or	17730
agency under contract to conduct the assessment shall represent	17731
the state in any appeal of an assessment's findings.	17732

(C) The department may contract with one or more agencies to	17733
perform assessments under this section. A contract shall specify	17734
the agency's responsibilities regarding the assessments.	17735

~~Sec. 5111.893.~~ Sec. 173.547. A residential care facility providing	17736
services covered by the assisted living program to an individual	17737
enrolled in the program shall have staff on-site twenty-four hours	17738
each day who are able to do all of the following:	17739

(A) Meet the scheduled and unpredicted needs of the	17740
individuals enrolled in the assisted living program in a manner	17741
that promotes the individuals' dignity and independence;	17742

(B) Provide supervision services for those individuals;

17743

17744

~~Sec. 173.404.~~ Sec. 173.55. (A) As used in this section:

17745

(1) "Department of aging-administered medicaid waiver	17746
component" means each of the following:	17747

(a) The medicaid-funded component of the PASSPORT program	17748
~~created under section 173.40 of the Revised Code~~;	17749

(b) The choices program ~~created under section 173.403 of the~~	17750
~~Revised Code~~;	17751

(c) The medicaid-funded component of the assisted living	17752
program ~~created under section 5111.89 of the Revised Code~~.	17753

(2) "PACE program" means the component of the medicaid	17754
program the department of aging administers pursuant to section	17755
173.50 of the Revised Code.	17756

(B) If the department of aging determines that there are	17757
insufficient funds to enroll all individuals who have applied and	17758
been determined eligible for department of aging-administered	17759
medicaid waiver components and the PACE program, the department	17760
shall establish a unified waiting list for the components and	17761
program. Only individuals eligible for a department of	17762
aging-administered medicaid waiver component or the PACE program	17763
may be placed on the unified waiting list. An individual who may	17764
be enrolled in a department of aging-administered medicaid waiver	17765
component or the PACE program through a home first component	17766
established under section ~~173.401,~~ 173.501, 173.521 or ~~5111.894~~	17767
173.542 of the Revised Code may be so enrolled without being	17768
placed on the unified waiting list.	17769

Sec. 173.56. (A) The department of aging shall adopt rules	17770
in accordance with section 111.15 of the Revised Code governing	17771
appeals brought under section 173.523 or 173.545 of the Revised	17772
Code. The rules shall require notice and the opportunity for a	17773
hearing. The rules may allow an appeal hearing to be conducted by	17774
telephone and permit the department to record hearings conducted	17775
by telephone. Chapter 119. of the Revised Code applies to a	17776
hearing under section 173.523 or 173.545 of the Revised Code only	17777
to the extent provided in rules the department adopts under this	17778
section.	17779

(B) An appeal shall be commenced by submission of a written	17780
request for a hearing to the director of aging within the time	17781
specified in the rules adopted under this section. The hearing may	17782
be recorded, but neither the recording nor a transcript of the	17783
recording is part of the official record of the proceeding. The	17784
director shall notify the individual bringing the appeal of the	17785
director's decision and of the procedure for appealing the	17786
decision.	17787

(C) The director's decision may be appealed to a court of	17788
common pleas pursuant to section 119.12 of the Revised Code. The	17789
appeal shall be governed by that section except as follows:	17790

(1) The appeal shall be in the court of common pleas of the	17791
county in which the individual who brings the appeal resides or,	17792
if the individual does not reside in this state, to the Franklin	17793
county court of common pleas.	17794

(2) The notice of appeal must be mailed to the department and	17795
filed with the court not later than thirty days after the	17796
department mails notice of the director's decision. For good cause	17797
shown, the court may extend the time for mailing and filing the	17798
notice of appeal, but the time cannot exceed six months from the	17799
date the department mails the notice of the director's decision.	17800

(3) If an individual applies to the court for designation as	17801
an indigent and the court grants the application, the individual	17802
shall not be required to furnish the costs of the appeal.	17803

(4) The department is required to file a transcript of the	17804
testimony of the state hearing with the court only if the court	17805
orders that the transcript be filed. The court shall make such an	17806
order only if it finds that the department and the individual	17807
bringing the appeal are unable to stipulate to the facts of the	17808
case and that the transcript is essential to a determination of	17809
the appeal. The department shall file the transcript not later	17810
than thirty days after such an order is issued.	17811

Sec. 173.60. (A) As used in this section:

17812

(1) "Nursing home" has the same meaning as in section 3721.01	17813
of the Revised Code.	17814

(2) "Person-centered care" means a relationship-based	17815
approach to care that honors and respects the opinions of	17816
individuals receiving care and those working closely with them.	17817

(B) The department of aging shall implement a nursing home	17818
quality initiative to improve person-centered care that nursing	17819
homes provide. The office of the state long-term care ombudsman	17820
program shall assist the department with the initiative. The	17821
initiative shall include quality improvement projects that provide	17822
nursing homes with resources and on-site education promoting	17823
person-centered strategies and positive resident outcomes, as well	17824
as other assistance designed to improve the quality of nursing	17825
home services.	17826

(C) The department shall make available a list of quality	17827
improvement projects offered by the following entities that may be	17828
used by nursing homes in meeting the requirements of section	17829
3721.072 of the Revised Code:	17830

(1) The department;

17831

(2) A quality improvement organization under contract with	17832
the United States secretary of health and human services to carry	17833
out the state functions described in section 1154 of the "Social	17834
Security Act," 42 U.S.C. 1320c-3;	17835

(3) Other state agencies;

17836

(4) The Ohio person-centered care coalition;

17837

(5) Any other academic, research, or health care entity	17838
identified by the department.	17839

(D) The department shall consult with representatives of	17840
nursing homes when developing the list of quality improvement	17841
projects under division (C) of this section and include projects	17842
that the department and representatives agree should be on the	17843
list.	17844

(E) The director of aging may adopt rules in accordance with	17845
Chapter 119. of the Revised Code as necessary to implement this	17846
section.	17847

Sec. 173.99. (A) A long-term care provider, person employed	17848
by a long-term care provider, other entity, or employee of such	17849
other entity that violates division (C) of section 173.24 of the	17850
Revised Code is subject to a fine not to exceed one thousand	17851
dollars for each violation.	17852

(B) Whoever violates division (C) of section 173.23 of the	17853
Revised Code is guilty of registering a false complaint, a	17854
misdemeanor of the first degree.	17855

(C) A long-term care provider, other entity, or person	17856
employed by a long-term care provider or other entity that	17857
violates division (E) of section 173.19 of the Revised Code by	17858
denying a representative of the office of the state long-term care	17859
~~ombudsperson~~ombudsman program the access required by that	17860
division is subject to a fine not to exceed five hundred dollars	17861
for each violation.	17862

(D) Whoever violates division (C) of section 173.44 of the	17863
Revised Code is subject to a fine of one hundred dollars.	17864

Sec. 189.04. (A) The local government innovation council	17865
shall award loans to a qualified political subdivision or a	17866
qualified group of political subdivisions to be used for the	17867
purchase of equipment, facilities, or systems or for	17868
implementation costs.	17869

Loans made under division (A) of this section shall be repaid	17870
by recipients using savings achieved from the innovation project.	17871

(B) Up to twenty per cent of the funds in the local	17872
government innovation fund, established in section 189.05 of the	17873
Revised Code, may be awarded by the council as grants to political	17874
subdivisions for use in process improvement or implementation of	17875
innovation project awards.	17876

(C) The council shall award not more than one hundred	17877
thousand dollars in total grants and not more than one hundred	17878
thousand dollars in total loans to an individual political	17879
subdivision per innovation project under this section. For an	17880
innovation project involving a qualified group of political	17881
subdivisions, the council shall award, in total grants and loans,	17882
not more than five hundred thousand dollars, and the average	17883
amount per political subdivision shall not exceed one hundred	17884
thousand dollars.	17885

(D)(1) On and after July 1, 2013, the council shall not award	17886
grants from the local government innovation fund to any political	17887
subdivision described in division (A) of Section 263.325 of H.B.	17888
59 of the 130th General Assembly.	17889

(2) On and after July 1, 2014, the council shall not award	17890
loans from the local government innovation fund to any political	17891
subdivision described in division (A) of Section 263.325 of H.B.	17892
59 of the 130th General Assembly.	17893

Sec. 189.06. (A) All political subdivisions of the state are	17894
eligible to apply for awards under the local government innovation	17895
program, except as provided in division (D) of section 189.04 of	17896
the Revised Code. Applications shall be submitted to the	17897
department of development on a form specified by the director of	17898
development. The department shall provide the application to the	17899
local government innovation council for evaluation and selection.	17900

The local government innovation council shall award loans and	17901
grants under the program in accordance with a competitive process	17902
to be developed by the council.	17903

(B) Not later than December 31, 2011, the council shall	17904
establish criteria for evaluating proposals and making awards to	17905
political subdivisions. The criteria shall be developed in	17906
consultation with nonpublic entities involved in local government	17907
issues, state institutions of higher education, and the department	17908
of development, as determined by the council. The criteria shall	17909
include a requirement that at least one of the political	17910
subdivisions that is a party to the proposal provide matching	17911
funds. The matching funds may be provided by a nonpublic entity.	17912
The criteria for evaluating proposals may include the following	17913
provisions:	17914

(1) The expected return on investment, based on the ratio of	17915
expected savings;	17916

(2) The number of participating entities in the proposal;

17917

(3) The probability of the proposal's success;

17918

(4) The percentage of local matching funds available;

17919

(5) The ability to replicate the proposal in other political	17920
subdivisions;	17921

(6) Whether the proposal is part of a larger consolidation	17922
effort by the applicant or applicants;	17923

(7) Whether the proposal is to implement performance audit or	17924
other audit recommendations under Chapter 117. of the Revised	17925
Code;	17926

(8) Whether the applicant has successfully completed an	17927
innovation project in the past.	17928

Sec. 191.01. As used in this chapter:

17929

(A) "Administrative safeguards," "availability,"	17930
"confidentiality," "integrity," "physical safeguards," and	17931
"technical safeguards" have the same meanings as in 45 C.F.R.	17932
164.304.	17933

(B) "Business associate," "covered entity," "health plan,"	17934
"individually identifiable health information," and "protected	17935
health information" have the same meanings as in 45 C.F.R.	17936
160.103.	17937

(C) "Executive director of the office of health	17938
transformation" or "executive director" means the executive	17939
director of the office of health transformation or the chief	17940
administrative officer of a successor governmental entity	17941
responsible for health system oversight in this state.	17942

(D) "Government program providing public benefits" means any	17943
program administered by a state agency that has been identified,	17944
pursuant to section 191.02 of the Revised Code, by the executive	17945
director of the office of health transformation in consultation	17946
with the individuals specified in that section.	17947

(E) "Office of health transformation" means the office of	17948
health transformation created by executive order 2011-02K.	17949

(F) "Operating protocol" means a protocol adopted by the	17950
executive director of the office of health transformation or the	17951
executive director's designee under division (D) of section 191.06	17952
of the Revised Code.	17953

(G) "Participating agency" means a state agency that	17954
participates in a health transformation initiative as specified in	17955
the one or more operating protocols adopted for the initiative	17956
under division (D) of section 191.06 of the Revised Code.	17957

(H) "Personally identifiable information" means information	17958
that meets both of the following criteria:	17959

(1) It identifies an individual or there is a reasonable	17960
basis to believe that it may be used to identify an individual;	17961

(2) It relates to an individual's eligibility for,	17962
application for, or receipt of public benefits from a government	17963
program providing public benefits.	17964

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

17965

(1) The department of aging;

17966

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

17967

~~(3)~~ The ~~department of~~ development services agency;

17968

~~(4)~~(3) The department of developmental disabilities;

17969

~~(5)~~(4) The department of education;

17970

~~(6)~~(5) The department of health;

17971

~~(7)~~(6) The department of insurance;

17972

~~(8)~~(7) The department of job and family services;

17973

~~(9)~~(8) The department of medicaid;

17974

(9) The department of ~~mental health~~mental health and	17975
addiction services;	17976

(10) The department of rehabilitation and correction;

17977

(11) The department of taxation;

17978

(12) The department of veterans services;

17979

(13) The department of youth services.

17980

(J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

17981

Sec. 191.02. The executive director of the office of health	17982
transformation, in consultation with all of the following	17983
individuals, shall identify each government program administered	17984
by a state agency that is to be considered a government program	17985
providing public benefits for purposes of section 191.04 of the	17986
Revised Code:	17987

(A) The director of aging;

17988

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

17989

~~(C)~~ The director of development services;

17990

~~(D)~~(C) The director of developmental disabilities;

17991

~~(E)~~(D) The director of health;

17992

~~(F)~~(E) The director of job and family services;

17993

~~(G)~~(F) The director of medicaid;

17994

(G) The director of ~~mental health~~mental health and addiction	17995
services;	17996

(H) The director of rehabilitation and correction;

17997

(I) The director of veterans services;

17998

(J) The director of youth services;

17999

(K) The administrator of the rehabilitation services	18000
commission;	18001

(L) The administrator of workers' compensation;

18002

(M) The superintendent of insurance;

18003

(N) The superintendent of public instruction;

18004

(O) The tax commissioner.

18005

Sec. 191.04. (A) In accordance with federal laws governing	18006
the confidentiality of individually identifiable health	18007
information, including the "Health Insurance Portability and	18008
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	18009
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	18010
by the United States department of health and human services to	18011
implement the act, a state agency may exchange protected health	18012
information with another state agency relating to eligibility for	18013
or enrollment in a health plan or relating to participation in a	18014
government program providing public benefits if the exchange of	18015
information is necessary for either or both of the following:	18016

(1) Operating a health plan;

18017

(2) Coordinating, or improving the administration or	18018
management of, the health care-related functions of at least one	18019
government program providing public benefits.	18020

(B) For fiscal ~~year~~years 2013, 2014, and 2015 only, a state	18021
agency also may exchange personally identifiable information with	18022
another state agency for purposes related to and in support of a	18023
health transformation initiative identified by the executive	18024
director of the office of health transformation pursuant to	18025
division (C) of section 191.06 of the Revised Code.	18026

(C) With respect to a state agency that uses or discloses	18027
personally identifiable information, all of the following	18028
conditions apply:	18029

(1) The state agency shall use or disclose the information	18030
only as permitted or required by state and federal law. In	18031
addition, if the information is obtained during fiscal year 2013	18032
from an exchange of personally identifiable information permitted	18033
under division (B) of this section, the agency shall also use or	18034
disclose the information in accordance with all operating	18035
protocols that apply to the use or disclosure.	18036

(2) If the state agency is a state agency other than the	18037
department of ~~job and family services~~medicaid and it uses or	18038
discloses protected health information that is related to a	18039
medicaid recipient and obtained from the department of ~~job and~~	18040
~~family services~~medicaid or another agency operating a component	18041
of the medicaid program, the state agency shall comply with all	18042
state and federal laws that apply to the department of ~~job and~~	18043
~~family services~~medicaid when that department, as the state's	18044
single state agency to supervise the medicaid program ~~as specified~~	18045
~~in section 5111.01 of the Revised Code~~, uses or discloses	18046
protected health information.	18047

(3) A state agency shall implement administrative, physical,	18048
and technical safeguards for the purpose of protecting the	18049
confidentiality, integrity, and availability of personally	18050
identifiable information the creation, receipt, maintenance, or	18051
transmittal of which is affected or governed by this section.	18052

(4) If a state agency discovers an unauthorized use or	18053
disclosure of unsecured protected health information or unsecured	18054
individually identifiable health information, the state agency	18055
shall, not later than seventy-two hours after the discovery, do	18056
all of the following:	18057

(a) Identify the individuals who are the subject of the	18058
protected health information or individually identifiable health	18059
information;	18060

(b) Report the discovery and the names of all individuals	18061
identified pursuant to division (C)(4)(a) of this section to all	18062
other state agencies and the executive director of the office of	18063
health transformation or the executive director's designee;	18064

(c) Mitigate, to the extent reasonably possible, any	18065
potential adverse effects of the unauthorized use or disclosure.	18066

(5) A state agency shall make available to the executive	18067
director of the office of health transformation or the executive	18068
director's designee, and to any other state or federal	18069
governmental entity required by law to have access on that	18070
entity's request, all internal practices, records, and	18071
documentation relating to personally identifiable information it	18072
receives, uses, or discloses that is affected or governed by this	18073
section.	18074

(6) On termination or expiration of an operating protocol and	18075
if feasible, a state agency shall return or destroy all personally	18076
identifiable information received directly from or received on	18077
behalf of another state agency. If the personally identifiable	18078
information is not returned or destroyed, the state agency	18079
maintaining the information shall extend the protections set forth	18080
in this section for as long as it is maintained.	18081

(7) If a state agency enters into a subcontract or, when	18082
required by 45 C.F.R. 164.502(e)(2), a business associate	18083
agreement, the subcontract or business associate agreement shall	18084
require the subcontractor or business associate to comply with the	18085
terms of this section as if the subcontractor or business	18086
associate were a state agency.	18087

Sec. 191.06. (A) The provisions of this section shall apply	18088
only for fiscal ~~year~~years 2013, 2014, and 2015.	18089

(B) The executive director of the office of health	18090
transformation or the executive director's designee may facilitate	18091
the coordination of operations and exchange of information between	18092
state agencies. The purpose of the executive director's authority	18093
under this section is to support agency collaboration for health	18094
transformation purposes, including modernization of the medicaid	18095
program, streamlining of health and human services programs in	18096
this state, and improving the quality, continuity, and efficiency	18097
of health care and health care support systems in this state.	18098

(C) In furtherance of the authority of the executive director	18099
of the office of health transformation under division (B) of this	18100
section, the executive director or the executive director's	18101
designee shall identify each health transformation initiative in	18102
this state that involves the participation of two or more state	18103
agencies and that permits or requires an interagency agreement to	18104
be entered into for purposes of specifying each participating	18105
agency's role in coordinating, operating, or funding the	18106
initiative, or facilitating the exchange of data or other	18107
information for the initiative. The executive director shall	18108
publish a list of the identified health transformation initiatives	18109
on the internet web site maintained by the office of health	18110
transformation.	18111

(D) For each health transformation initiative that is	18112
identified under division (C) of this section, the executive	18113
director or the executive director's designee shall, in	18114
consultation with each participating agency, adopt one or more	18115
operating protocols. Notwithstanding any law enacted by the	18116
general assembly or rule adopted by a state agency, the provisions	18117
in a protocol shall supersede any provisions in an interagency	18118
agreement, including an interagency agreement entered into under	18119
section 5101.10 or ~~5111.91~~5162.35 of the Revised Code, that	18120
differ from the provisions of the protocol.	18121

(E)(1) An operating protocol adopted under division (D) of	18122
this section shall include both of the following:	18123

(a) All terms necessary to meet the requirements of "other	18124
arrangements" between a covered entity and a business associate	18125
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	18126

(b) If known, the date on which the protocol will terminate	18127
or expire.	18128

(2) In addition, a protocol may specify the extent to which	18129
each participating agency is responsible and accountable for	18130
completing the tasks necessary for successful completion of the	18131
initiative, including tasks relating to the following components	18132
of the initiative:	18133

(a) Workflow;

18134

(b) Funding;

18135

(c) Exchange of data or other information that is	18136
confidential pursuant to state or federal law.	18137

(F) An operating protocol adopted under division (D) of this	18138
section shall have the same force and effect as an interagency	18139
agreement or data sharing agreement, and each participating agency	18140
shall comply with it.	18141

~~(G) The director of job and family services shall determine~~	18142
~~whether a waiver of federal medicaid requirements or a medicaid~~	18143
~~state plan amendment is necessary to fulfill the requirements of~~	18144
~~this section. If the director determines a waiver or medicaid~~	18145
~~state plan amendment is necessary, the director shall apply to the~~	18146
~~United States secretary of health and human services for the~~	18147
~~waiver or amendment.~~	18148

Sec. 191.061. (A) As used in this section:

18149

(1) "Core competencies" means the minimum standards a direct	18150
care worker must meet when providing direct care services and	18151
engaging in any one or more of the following activities associated	18152
with care for a medicaid recipient: maintaining a clean and safe	18153
environment, ensuring recipient-centered care, promoting the	18154
recipient's development, assisting the recipient with activities	18155
of daily living, communicating with the recipient, completing	18156
administrative tasks, and participating in professional	18157
development activities.	18158

(2) "Direct care services" means health care services,	18159
ancillary services, or services related to or in support of the	18160
provision of health care or ancillary services.	18161

(3) "Direct care worker" means an individual who, for direct	18162
or indirect payment, provides direct care services to a medicaid	18163
recipient in the recipient's home, place of residence, or other	18164
setting as specified in rules adopted under section 5164.02 of the	18165
Revised Code.	18166

(B) Not later than June 30, 2014, the executive director of	18167
the office of health transformation or the executive director's	18168
designee, in consultation with the medicaid director and the	18169
directors of aging, developmental disabilities, health, and mental	18170
health and addiction services, shall execute an operating protocol	18171
in accordance with division (D) of section 191.06 of the Revised	18172
Code documenting the manner in which each of the directors'	18173
departments determine that direct care workers associated with	18174
programs administered by the departments demonstrate core	18175
competencies. The executive director or the executive director's	18176
designee and any one or more of the directors may decide that core	18177
competencies are demonstrated by a direct care worker attaining	18178
certification through the direct care worker certification program	18179
established by the director of health under section 3701.95 of the	18180
Revised Code. A decision to this effect does not preclude a	18181
director from specifying additional requirements a direct care	18182
worker must meet to participate in a program administered by the	18183
director's department.	18184

Sec. 301.28. (A) As used in this section:

18185

(1) "Financial transaction device" includes a credit card,	18186
debit card, charge card, or prepaid or stored value card, or	18187
automated clearinghouse network credit, debit, or e-check entry	18188
that includes, but is not limited to, accounts receivable and	18189
internet-initiated, point of purchase, and telephone-initiated	18190
applications or any other device or method for making an	18191
electronic payment or transfer of funds.	18192

(2) "County expenses" includes fees, costs, taxes,	18193
assessments, fines, penalties, payments, or any other expense a	18194
person owes or otherwise pays to a county office under the	18195
authority of a county official, other than dog registration and	18196
kennel fees required to be paid under Chapter 955. of the Revised	18197
Code. "County expenses" includes payment to a county office of	18198
money confiscated during the commitment of an individual to a	18199
county jail, of bail, of money for a prisoner's inmate account,	18200
and of money for goods and services obtained by or for the use of	18201
an individual incarcerated by a county sheriff.	18202

(3) "County official" includes the county auditor, county	18203
treasurer, county engineer, county recorder, county prosecuting	18204
attorney, county sheriff, county coroner, county park district and	18205
board of county commissioners, the clerk of the probate court, the	18206
clerk of the juvenile court, the clerks of court for all divisions	18207
of the courts of common pleas, and the clerk of the court of	18208
common pleas, the clerk of a county-operated municipal court, and	18209
the clerk of a county court.	18210

The term "county expenses" includes county expenses owed to	18211
the board of health of the general health district or a combined	18212
health district in the county. If the board of county	18213
commissioners authorizes county expenses to be paid by financial	18214
transaction devices under this section, then the board of health	18215
and the general health district and the combined health district	18216
may accept payments by financial transaction devices under this	18217
section as if the board were a "county official" and the district	18218
were a county office. However, in the case of a general health	18219
district formed by unification of general health districts under	18220
section 3709.10 of the Revised Code, this entitlement applies only	18221
if all the boards of county commissioners of all counties in the	18222
district have authorized payments to be accepted by financial	18223
transaction devices.	18224

(B) Notwithstanding any other section of the Revised Code and	18225
except as provided in division (D) of this section, a board of	18226
county commissioners may adopt a resolution authorizing the	18227
acceptance of payments by financial transaction devices for county	18228
expenses. The resolution shall include the following:	18229

(1) A specification of those county officials who, and of the	18230
county offices under those county officials that, are authorized	18231
to accept payments by financial transaction devices;	18232

(2) A list of county expenses that may be paid for through	18233
the use of a financial transaction device;	18234

(3) Specific identification of financial transaction devices	18235
that the board authorizes as acceptable means of payment for	18236
county expenses. Uniform acceptance of financial transaction	18237
devices among different types of county expenses is not required.	18238

(4) The amount, if any, authorized as a surcharge or	18239
convenience fee under division (E) of this section for persons	18240
using a financial transaction device. Uniform application of	18241
surcharges or convenience fees among different types of county	18242
expenses is not required.	18243

(5) A specific provision as provided in division (G) of this	18244
section requiring the payment of a penalty if a payment made by	18245
means of a financial transaction device is returned or dishonored	18246
for any reason.	18247

The board's resolution shall also designate the county	18248
treasurer as an administrative agent to solicit proposals, within	18249
guidelines established by the board in the resolution and in	18250
compliance with the procedures provided in division (C) of this	18251
section, from financial institutions, issuers of financial	18252
transaction devices, and processors of financial transaction	18253
devices, to make recommendations about those proposals to the	18254
board, and to assist county offices in implementing the county's	18255
financial transaction devices program. The county treasurer may	18256
decline this responsibility within thirty days after receiving a	18257
copy of the board's resolution by notifying the board in writing	18258
within that period. If the treasurer so notifies the board, the	18259
board shall perform the duties of the administrative agent.	18260

If the county treasurer is the administrative agent and fails	18261
to administer the county financial transaction devices program in	18262
accordance with the guidelines in the board's resolution, the	18263
board shall notify the treasurer in writing of the board's	18264
findings, explain the failures, and give the treasurer six months	18265
to correct the failures. If the treasurer fails to make the	18266
appropriate corrections within that six-month period, the board	18267
may pass a resolution declaring the board to be the administrative	18268
agent. The board may later rescind that resolution at its	18269
discretion.	18270

(C) The county shall follow the procedures provided in this	18271
division whenever it plans to contract with financial	18272
institutions, issuers of financial transaction devices, or	18273
processors of financial transaction devices for the purposes of	18274
this section. The administrative agent shall request proposals	18275
from at least three financial institutions, issuers of financial	18276
transaction devices, or processors of financial transaction	18277
devices, as appropriate in accordance with the resolution adopted	18278
under division (B) of this section. Prior to sending any financial	18279
institution, issuer, or processor a copy of any such request, the	18280
county shall advertise its intent to request proposals in a	18281
newspaper of general circulation in the county once a week for two	18282
consecutive weeks or as provided in section 7.16 of the Revised	18283
Code. The notice shall state that the county intends to request	18284
proposals; specify the purpose of the request; indicate the date,	18285
which shall be at least ten days after the second publication, on	18286
which the request for proposals will be mailed to financial	18287
institutions, issuers, or processors; and require that any	18288
financial institution, issuer, or processor, whichever is	18289
appropriate, interested in receiving the request for proposals	18290
submit written notice of this interest to the county not later	18291
than noon of the day on which the request for proposals will be	18292
mailed.	18293

Upon receiving the proposals, the administrative agent shall	18294
review them and make a recommendation to the board of county	18295
commissioners on which proposals to accept. The board of county	18296
commissioners shall consider the agent's recommendation and review	18297
all proposals submitted, and then may choose to contract with any	18298
or all of the entities submitting proposals, as appropriate. The	18299
board shall provide any financial institution, issuer, or	18300
processor that submitted a proposal, but with which the board does	18301
not enter into a contract, notice that its proposal is rejected.	18302
The notice shall state the reasons for the rejection, indicate	18303
whose proposals were accepted, and provide a copy of the terms and	18304
conditions of the successful bids.	18305

(D) A board of county commissioners adopting a resolution	18306
under this section shall send a copy of the resolution to each	18307
county official in the county who is authorized by the resolution	18308
to accept payments by financial transaction devices. After	18309
receiving the resolution and before accepting payments by	18310
financial transaction devices, a county official shall provide	18311
written notification to the board of county commissioners of the	18312
official's intent to implement the resolution within the	18313
official's office. Each county office subject to the board's	18314
resolution adopted under division (B) of this section may use only	18315
the financial institutions, issuers of financial transaction	18316
devices, and processors of financial transaction devices with	18317
which the board of county commissioners contracts, and each such	18318
office is subject to the terms of those contracts.	18319

If a county office under the authority of a county official	18320
is directly responsible for collecting one or more county expenses	18321
and the county official determines not to accept payments by	18322
financial transaction devices for one or more of those expenses,	18323
the office shall not be required to accept payments by financial	18324
transaction devices, notwithstanding the adoption of a resolution	18325
by the board of county commissioners under this section.	18326

Any office of a clerk of the court of common pleas that	18327
accepts financial transaction devices on or before July 1, 1999,	18328
and any other county office that accepted such devices before	18329
January 1, 1998, may continue to accept such devices without being	18330
subject to any resolution passed by the board of county	18331
commissioners under division (B) of this section, or any other	18332
oversight by the board of the office's financial transaction	18333
devices program. Any such office may use surcharges or convenience	18334
fees in any manner the county official in charge of the office	18335
determines to be appropriate, and, if the county treasurer	18336
consents, may appoint the county treasurer to be the office's	18337
administrative agent for purposes of accepting financial	18338
transaction devices. In order not to be subject to the resolution	18339
of the board of county commissioners adopted under division (B) of	18340
this section, a county office shall notify the board in writing	18341
within thirty days after March 30, 1999, that it accepted	18342
financial transaction devices prior to January 1, 1998, or, in the	18343
case of the office of a clerk of the court of common pleas, the	18344
clerk has accepted or will accept such devices on or before July	18345
1, 1999. Each such notification shall explain how processing costs	18346
associated with financial transaction devices are being paid and	18347
shall indicate whether surcharge or convenience fees are being	18348
passed on to consumers.	18349

(E) A board of county commissioners may establish a surcharge	18350
or convenience fee that may be imposed upon a person making	18351
payment by a financial transaction device. The surcharge or	18352
convenience fee shall not be imposed unless authorized or	18353
otherwise permitted by the rules prescribed by an agreement	18354
governing the use and acceptance of the financial transaction	18355
device.	18356

If a surcharge or convenience fee is imposed, every county	18357
office accepting payment by a financial transaction device,	18358
regardless of whether that office is subject to a resolution	18359
adopted by a board of county commissioners, shall clearly post a	18360
notice in that office and shall notify each person making a	18361
payment by such a device about the surcharge or fee. Notice to	18362
each person making a payment shall be provided regardless of the	18363
medium used to make the payment and in a manner appropriate to	18364
that medium. Each notice shall include all of the following:	18365

(1) A statement that there is a surcharge or convenience fee	18366
for using a financial transaction device;	18367

(2) The total amount of the charge or fee expressed in	18368
dollars and cents for each transaction, or the rate of the charge	18369
or fee expressed as a percentage of the total amount of the	18370
transaction, whichever is applicable;	18371

(3) A clear statement that the surcharge or convenience fee	18372
is nonrefundable.	18373

(F) If a person elects to make a payment to the county by a	18374
financial transaction device and a surcharge or convenience fee is	18375
imposed, the payment of the surcharge or fee shall be considered	18376
voluntary and the surcharge or fee is not refundable.	18377

(G) If a person makes payment by financial transaction device	18378
and the payment is returned or dishonored for any reason, the	18379
person is liable to the county for payment of a penalty over and	18380
above the amount of the expense due. The board of county	18381
commissioners shall determine the amount of the penalty, which may	18382
be either a fee not to exceed twenty dollars or payment of the	18383
amount necessary to reimburse the county for banking charges,	18384
legal fees, or other expenses incurred by the county in collecting	18385
the returned or dishonored payment. The remedies and procedures	18386
provided in this section are in addition to any other available	18387
civil or criminal remedies provided by law.	18388

(H) No person making any payment by financial transaction	18389
device to a county office shall be relieved from liability for the	18390
underlying obligation except to the extent that the county	18391
realizes final payment of the underlying obligation in cash or its	18392
equivalent. If final payment is not made by the financial	18393
transaction device issuer or other guarantor of payment in the	18394
transaction, the underlying obligation shall survive and the	18395
county shall retain all remedies for enforcement that would have	18396
applied if the transaction had not occurred.	18397

(I) A county official or employee who accepts a financial	18398
transaction device payment in accordance with this section and any	18399
applicable state or local policies or rules is immune from	18400
personal liability for the final collection of such payments.	18401

Sec. 305.23. (A) As used in this section:

18402

(1) "County office" means the offices of the county	18403
commissioner, county auditor, county treasurer, county engineer,	18404
county recorder, county prosecuting attorney, county sheriff,	18405
county coroner, county park district, veterans service commission,	18406
clerk of the juvenile court, clerks of court for all divisions of	18407
the courts of common pleas, including the clerk of the court of	18408
common pleas, clerk of a county-operated municipal court, and	18409
clerk of a county court, and any agency, department, or division	18410
under the authority of, or receiving funding in whole or in part	18411
from, any of those county offices.	18412

(2) "Human resources" means any and all functions relating to	18413
human resource management, including civil service, employee	18414
benefits administration, collective bargaining, labor relations,	18415
risk management, workers' compensation, unemployment compensation,	18416
and any human resource management function required by state or	18417
federal law, but "human resources" does not authorize a board of	18418
county commissioners to adopt a resolution establishing a	18419
centralized human resource service that requires any county office	18420
to conform to any classification and compensation plan, position	18421
descriptions, or organizational structure; to determine the rate	18422
of compensation of any employee appointed by the appointing	18423
authority of a county office or the salary ranges for positions of	18424
a county office within the aggregate limits set in the	18425
appropriation resolution of the board of county commissioners; to	18426
determine the number of or the terms of employment of any employee	18427
appointed by the appointing authority of a county office within	18428
the aggregate limits set in the board's appropriation resolution;	18429
or to exercise powers relating to the hiring, qualifications,	18430
evaluation, suspension, demotion, disciplinary action, layoff,	18431
furloughing, establishment of a modified work-week schedule, or	18432
the termination of any employee appointed by the appointing	18433
authority of any county office.	18434

(B) Subject to division (C) of this section, a board of	18435
county commissioners may adopt a resolution establishing	18436
centralized purchasing, printing, transportation, vehicle	18437
maintenance, human resources, revenue collection, and mail	18438
operation services for a county office. Before adopting a	18439
resolution under this section, the board of county commissioners,	18440
in a written notice, shall inform any other county office that	18441
will be impacted by the resolution of the board's desire to	18442
establish a centralized service or services. The written notice	18443
shall include a statement that provides the rationale and the	18444
estimated savings anticipated for centralizing a service or	18445
services. In addition, the board may request any other county	18446
office to serve as the agent and responsible party for	18447
administering a centralized service or services. That county	18448
office may enter into an agreement with the board of county	18449
commissioners to administer the centralized service or services	18450
under such terms and conditions as are included in the agreement,	18451
but nothing in this section authorizes the board of county	18452
commissioners to require a county office to serve as the agent and	18453
responsible party for administering a centralized service or	18454
services at the board's request.	18455

A resolution establishing a centralized service or services	18456
shall specify all of the following:	18457

(1) The name of the county office that will be the agent and	18458
responsible party for administering a centralized service or	18459
services, and if the agent and responsible party is not the board	18460
of county commissioners, the designation of the county office that	18461
has entered into an agreement under division (B) of this section	18462
with the board to be the agent and responsible party;	18463

(2) Which county offices are required to use the centralized	18464
services;	18465

(3) If not all of the centralized services, which centralized	18466
service each county office must use;	18467

(4) A list of rates and charges the county office shall pay	18468
for the centralized services;	18469

(5) The date upon which each county office specified in the	18470
resolution shall begin using the centralized services.	18471

Not later than ten days after a resolution is adopted under	18472
this section, the clerk of the board of county commissioners shall	18473
send a copy of the resolution to each county office that is	18474
specified in the resolution.	18475

(C) A board of county commissioners shall not adopt a	18476
resolution that establishes a centralized service or services	18477
regarding any of the following:	18478

(1) Purchases made for contract services with moneys from the	18479
special fund designated as "general fund moneys to supplement the	18480
~~equipment~~technology needs of the county recorder" under section	18481
317.321 of the Revised Code or from the funds that are paid out of	18482
the general fund of the county under sections 325.071 and 325.12	18483
of the Revised Code;	18484

(2) Purchases made with moneys from the real estate	18485
assessment fund established under section 325.31 of the Revised	18486
Code;	18487

(3) Purchases of financial software used by the county	18488
auditor;	18489

(4) The printing of county property tax bills;

18490

(5) The collection of any taxes, assessments, and fees the	18491
county treasurer is required by law to collect;	18492

(6) Purchases of software used by the county recorder.

18493

(D) Nothing in this section authorizes the board of county	18494
commissioners to have control or authority over funds that are	18495
received directly by a county office under another section of the	18496
Revised Code, or to control, or have authority regarding, the	18497
expenditure or use of such funds.	18498

Sec. 307.07. (A) The board of county commissioners, by	18499
resolution, may create an office of economic development, to	18500
develop and promote plans and programs designed to assure that	18501
county resources are efficiently used, economic growth is properly	18502
balanced, and that county economic development is coordinated with	18503
that of the state and other local governments. For this purpose,	18504
the board may appropriate moneys from the county general fund, or,	18505
pursuant to section 307.64 of the Revised Code, moneys derived	18506
from a tax levied pursuant to division (EE) of section 5705.19 of	18507
the Revised Code, for the creation and operation of the office	18508
for, any economic development purpose of the office, and to	18509
provide for the establishment and operation of a program of	18510
economic development, including in support of a county land	18511
reutilization corporation organized under Chapter 1724. of the	18512
Revised Code. The board may hire a director of economic	18513
development, who shall be a member of the unclassified civil	18514
service, and fix the director's compensation; or may do any of the	18515
following:	18516

(1) Enter into an agreement with a county planning commission	18517
within the county, created under section 713.22 of the Revised	18518
Code, or a regional planning commission, created under section	18519
713.21 of the Revised Code, regardless of whether the county is a	18520
member of the commission, to carry out all of the functions and	18521
duties of a director of economic development under division (B) of	18522
this section. Any agreement shall set forth the procedure by which	18523
the county or regional planning commission shall gain the approval	18524
of the board of county commissioners for any actions, functions,	18525
and duties under division (B) of this section. Any agreement may	18526
continue in effect for a period of one to three years and may be	18527
renewed with the consent of all parties. The civil service status	18528
of planning commission staff shall not be affected by any	18529
agreement under this division.	18530

(2) Enter into an agreement with ~~the Ohio cooperative~~OSU	18531
extension ~~service~~, providing for the use of employees hired by the	18532
Ohio state university under section 3335.36 of the Revised Code to	18533
carry out all of the functions and duties of a director of	18534
economic development under division (B) of this section. Any	18535
agreement shall set forth the procedure by which ~~the Ohio~~	18536
~~cooperative~~OSU extension ~~service~~ shall gain the approval of the	18537
board of county commissioners for any actions, functions, and	18538
duties under division (B) of this section. Any agreement may	18539
continue in effect for a period of one to three years and may be	18540
renewed with the consent of all parties. The employment	18541
classification of ~~Ohio cooperative~~OSU extension ~~service~~ employees	18542
shall not be affected by any agreement under this division.	18543

Any moneys appropriated by the board of county commissioners	18544
to execute an agreement for the provision of services pursuant to	18545
this section by ~~the Ohio cooperative~~OSU extension ~~service~~ shall	18546
be paid to the Ohio state university to the credit of the ~~Ohio~~	18547
~~cooperative~~OSU extension ~~service~~ fund created under section	18548
3335.35 of the Revised Code.	18549

(3) Enter into an agreement with a public or private	18550
nonprofit organization to carry out all of the functions and	18551
duties of a director of economic development under division (B) of	18552
this section. The agreement shall set forth the procedure by which	18553
the nonprofit organization shall gain the approval of the board of	18554
county commissioners for any actions, functions, and duties under	18555
that division. The agreement may continue in effect for a period	18556
of one to three years and may be renewed with the consent of all	18557
parties. The employment classification of the nonprofit	18558
organization's employees shall not be affected by an agreement	18559
under this division.	18560

(B) The director of economic development may:

18561

(1) With the approval of the board, hire such staff and	18562
employ such technical and advisory personnel as the director sees	18563
fit to enable the director to carry out the functions and duties	18564
of the office;	18565

(2) With the approval of the board, contract for services	18566
necessary to enable the director to carry out the functions and	18567
duties of the office;	18568

(3) With the approval of the board, enter into agreements	18569
with federal, state, and local governments and agencies thereof,	18570
and with public, private, or nonprofit organizations to carry out	18571
the functions and duties of the office;	18572

(4) Maintain membership in development organizations;

18573

(5) With the approval of the board, make loans or grants and	18574
provide other forms of financial assistance for the purpose of	18575
economic development, including financial assistance for permanent	18576
public improvements, in compliance with applicable laws of this	18577
state, and fix the rate of interest and charges to be made for	18578
such financial assistance;	18579

(6) With the approval of the board, receive and accept	18580
grants, gifts, and contributions of money, property, labor, and	18581
other things of value, to be held, used, and applied only for the	18582
purpose for which they are made, from individuals, private and	18583
public corporations, the United States government or any agency	18584
thereof, from the state or any agency thereof, or from any	18585
political subdivision or any agency thereof, and may agree to	18586
repay any contribution of money or return any property contributed	18587
or the value thereof in amounts, and on terms and conditions,	18588
excluding the payment of interest, as the director determines, and	18589
may evidence the obligations by written evidence;	18590

(7) Establish with the board any funds that are necessary for	18591
the deposit and disbursement of gifts or contributions of money	18592
accepted for economic development purposes;	18593

(8) With the approval of the board, design, implement,	18594
monitor, oversee, and evaluate economic development plans,	18595
programs, strategies, and policies;	18596

(9) Purchase real property to convey to a county land	18597
reutilization corporation to be used in accordance with its public	18598
purposes;	18599

(10) Perform all acts necessary to fulfill the functions and	18600
duties of the office.	18601

(C) The boards of county commissioners of two or more	18602
counties, by resolution, may create a joint office of economic	18603
development for the purposes set forth in division (A) of this	18604
section. The counties participating in a joint office of economic	18605
development shall enter into an agreement that sets forth the	18606
contribution of funds, services, and property to the joint office	18607
from each participating county; establishes the person, public	18608
agency, or nonprofit organization that shall carry out the	18609
functions and duties of the office; and discloses any other terms	18610
by which the joint office shall operate.	18611

The boards of county commissioners of counties participating	18612
in a joint office of economic development may appropriate moneys	18613
from their respective county general funds, or, pursuant to	18614
section 307.64 of the Revised Code, moneys derived from a tax	18615
levied pursuant to division (EE) of section 5705.19 of the Revised	18616
Code, for the creation and operation of the joint office, for any	18617
economic development purpose of the office, and to provide for the	18618
establishment and operation of a program of economic development.	18619
The participating counties may hire a director of economic	18620
development for the joint office or enter into an agreement with a	18621
public agency or nonprofit organization in a manner set forth in	18622
division (A) of this section to carry out the functions and duties	18623
set forth in division (B) of this section.	18624

Any agreement establishing a joint office of economic	18625
development shall set forth the procedure by which the person,	18626
public agency, or nonprofit organization carrying out the	18627
functions and duties of the office shall gain the approval of the	18628
participating boards of county commissioners for any actions,	18629
functions, and duties under division (B) of this section.	18630

(D) As used in this section, "economic development" has the	18631
same meaning as in section 307.64 of the Revised Code.	18632

Sec. 307.673. This section applies only in a county in which	18633
a tax is levied under section 307.697, 4301.421, 5743.024, or	18634
5743.323 of the Revised Code on ~~the effective date of this~~	18635
~~amendment~~July 19, 1995.	18636

(A) As used in this section:

18637

(1) "County taxes" means taxes levied by a board of county	18638
commissioners or legislative authority of a charter county under	18639
division (D) of section 307.697, division (B) of section 4301.421,	18640
division (C) of section 5743.024, and section 5743.323 of the	18641
Revised Code.	18642

(2) "Corporation" means a nonprofit corporation organized	18643
under the laws of this state and that includes among the purposes	18644
for which it is incorporated the authority to acquire, construct,	18645
renovate, equip, lease, manage, or operate a sports facility.	18646

(3) "Cooperative agreement" means an agreement entered into	18647
pursuant to this section.	18648

(4) "Cost of a sports facility" means the cost of acquiring,	18649
constructing, renovating, equipping, or improving one or more	18650
sports facilities, including reconstructing, rehabilitating,	18651
remodeling, and enlarging; the cost of equipping and furnishing	18652
such a facility; and all financing costs pertaining thereto,	18653
including the cost of engineering, architectural, and other	18654
professional services, designs, plans, specifications and surveys,	18655
and estimates of costs; the costs of refinancing obligations	18656
issued by, or reimbursement of money advanced by, the parties to	18657
the cooperative agreement or other persons, the proceeds of which	18658
obligations were used to pay the costs of the sports facility; the	18659
cost of tests and inspections; the cost of any indemnity or surety	18660
bonds and premiums on insurance, all related direct and	18661
administrative costs pertaining thereto, fees and expenses of	18662
trustees, depositories, and paying agents for the obligations,	18663
capitalized interest on the obligations, amounts necessary to	18664
establish reserves as required by the obligation proceedings, the	18665
reimbursement of money advanced or applied by the parties to the	18666
cooperative agreement or other persons for the payment of any item	18667
of costs of the sports facility, and all other expenses necessary	18668
or incident to planning or determining the feasibility or	18669
practicability with respect to the sports facility; and any other	18670
such expenses as may be necessary or incident to the acquisition,	18671
construction, reconstruction, rehabilitation, remodeling,	18672
renovation, enlargement, improvement, equipping, and furnishing of	18673
the sports facility, the financing of the sports facility, placing	18674
the sports facility in use and operation, including any one, part	18675
of, or combination of such classes of costs and expenses.	18676

(5) "Financing costs" has the same meaning as in section	18677
133.01 of the Revised Code.	18678

(6) "Obligations" means obligations issued or incurred to pay	18679
the cost of a sports facility, including bonds, notes,	18680
certificates of indebtedness, commercial paper, and other	18681
instruments in writing, anticipatory securities as defined in	18682
section 133.01 of the Revised Code, issued or incurred by an	18683
issuer pursuant to Chapter 133. or 4582. of the Revised Code or	18684
this section, or otherwise, to evidence the issuer's obligation to	18685
repay borrowed money, or to pay interest, by, or to pay at any	18686
future time other money obligations of, the issuer of the	18687
obligations, including obligations of an issuer or lessee to make	18688
payments under an installment sale, lease, lease-purchase, or	18689
similar agreement.	18690

(7) "Owner" means any person that owns or operates a	18691
professional athletic or sports team, that is party to a	18692
cooperative agreement, or that has a lease or other agreement with	18693
a party to a cooperative agreement, and that commits to use the	18694
sports facility that is the subject of the cooperative agreement	18695
for all of the team's home games for the period specified in that	18696
agreement.	18697

(8) "Payments," when used with reference to obligations,	18698
means payments of the principal, including any mandatory sinking	18699
fund deposits and mandatory redemption payments, interest and any	18700
redemption premium, and lease rentals, lease-purchase payments and	18701
other amounts payable under obligations in the form of installment	18702
sale, lease, lease-purchase, or similar agreements.	18703

(9) "Person" has the same meaning as defined in section	18704
133.01 of the Revised Code.	18705

(10) "Port authority" means a port authority created under	18706
Chapter 4582. of the Revised Code.	18707

(11) "Sports facility" means a facility, including a stadium,	18708
that is intended to house or provide a site for one or more major	18709
league professional athletic or sports teams or activities,	18710
together with all spectator facilities, parking facilities,	18711
walkways, and auxiliary facilities, real and personal property,	18712
property rights, easements, leasehold estates, and interests that	18713
may be appropriate for, or used in connection with, the operation	18714
of the sports facility.	18715

(B) The board of county commissioners of a county, the	18716
legislative authority of a municipal corporation, a port	18717
authority, a corporation, and an owner, or any combination	18718
thereof, may enter into one or more cooperative agreements under	18719
which the parties enter into one or more of the agreements	18720
described in divisions (B)(1) to (5) of this section.	18721

(1) The board of county commissioners agrees to do one or	18722
more of the following:	18723

(a) Levy a tax under division (D) of section 307.697,	18724
division (B) of section 4301.421, division (C) of section	18725
5743.024, and section 5743.323 of the Revised Code and make	18726
available all or a portion of the revenue from those taxes for the	18727
payment of the cost of the sports facility or to make payments on	18728
obligations;	18729

(b) Issue or incur obligations of the county pursuant to	18730
Chapter 133. of the Revised Code or this section;	18731

(c) Make available all or a portion of the revenue from those	18732
taxes or of the proceeds from the issuance of those obligations to	18733
the municipal corporation, port authority, corporation, or	18734
otherwise for the payment of the cost of a sports facility or the	18735
payment of obligations;	18736

(d) Acquire, construct, renovate, equip, lease to or from	18737
another person, and operate, directly or by a lease or management	18738
contract with another person, one or more sports facilities;	18739

(e) To the extent provided in the cooperative agreement or a	18740
lease with respect to a sports facility, authorize the municipal	18741
corporation, port authority, corporation, or owner to administer	18742
contracts for designing, planning, acquiring, constructing,	18743
renovating, or equipping a sports facility.	18744

(2) The port authority agrees to do one or more of the	18745
following:	18746

(a) Issue or incur obligations of the port authority pursuant	18747
to Chapter 133. or 4582. of the Revised Code or this section;	18748

(b) Make available all or a portion of the proceeds from the	18749
issuance of those obligations to the municipal corporation,	18750
county, or corporation for the payment of the cost of a sports	18751
facility or the payment of obligations;	18752

(c) Acquire, construct, renovate, equip, lease to or from	18753
another person, and operate, directly or by a lease or management	18754
contract with another person, one or more sports facilities;	18755

(d) To the extent provided in the cooperative agreement or a	18756
lease with respect to a sports facility, authorize the municipal	18757
corporation, county, corporation, or owner to administer contracts	18758
for designing, planning, acquiring, constructing, renovating, or	18759
equipping a sports facility.	18760

(3) The legislative authority of the municipal corporation	18761
agrees to do one or more of the following:	18762

(a) Make available the revenue from taxes levied by the	18763
legislative authority for the payment of the cost of a sports	18764
facility or to make payments on obligations;	18765

(b) Issue or incur obligations of the municipal corporation	18766
pursuant to Chapter 133. of the Revised Code or otherwise;	18767

(c) Make available all or a portion of the proceeds from the	18768
issuance of those obligations to the county, port authority,	18769
corporation, or otherwise for the payment of the cost of a sports	18770
facility or the payment of obligations;	18771

(d) Acquire, construct, renovate, equip, lease to or from	18772
another person, and operate, directly or by a lease or management	18773
contract with another person, one or more sports facilities;	18774

(e) To the extent provided in the cooperative agreement or a	18775
lease with respect to a sports facility, authorize the county,	18776
port authority, corporation, or owner to administer contracts for	18777
designing, planning, acquiring, constructing, renovating, or	18778
equipping a sports facility.	18779

(4) The corporation agrees to do one or more of the	18780
following:	18781

(a) Issue or incur obligations;

18782

(b) Make available all or a portion of the proceeds from the	18783
issuance of those obligations to the county, port authority,	18784
municipal corporation, or otherwise for the payment of the cost of	18785
a sports facility or the payment of obligations;	18786

(c) Acquire, construct, renovate, equip, lease to or from	18787
another person, and operate, directly or by a lease or management	18788
contract with another person, one or more sports facilities;	18789

(d) To the extent provided in the cooperative agreement or a	18790
lease with respect to a sports facility, agree that the	18791
corporation will administer contracts for designing, planning,	18792
acquiring, constructing, renovating, or equipping a sports	18793
facility.	18794

(5) The owner agrees to do one or more of the following:

18795

(a) Use the sports facility that is the subject of the	18796
cooperative agreement for all of the home games of the owner's	18797
professional athletic or sports team for a specified period;	18798

(b) Administer contracts for designing, planning, acquiring,	18799
constructing, renovating, or equipping a sports facility.	18800

(C) Any obligations may be secured by a trust agreement	18801
between the issuer of obligations and a corporate trustee that is	18802
a trust company or bank having the powers of a trust company in or	18803
outside this state and authorized to exercise corporate trust	18804
powers in this state. Proceeds from the issuance of any	18805
obligations or the taxes levied and collected by any party to the	18806
cooperative agreement may be deposited with and administered by a	18807
trustee pursuant to the trust agreement.	18808

(D) Any contract for the acquisition, construction,	18809
renovation, or equipping of a sports facility entered into,	18810
assigned, or assumed under this section shall provide that all	18811
laborers and mechanics employed in the acquisition, construction,	18812
renovation, or equipping of the sports facility shall be paid at	18813
the prevailing rates of wages of laborers and mechanics for the	18814
class of work called for, as those wages are determined in	18815
accordance with Chapter 4115. of the Revised Code.	18816

Sec. 307.674. (A) As used in this section:

18817

(1) "Bonds" means:

18818

(a) Revenue bonds of the port authority described in division	18819
(B)(2)(a) of this section;	18820

(b) Securities as defined in division (KK) of section 133.01	18821
of the Revised Code issued by the host municipal corporation,	18822
described in division (B)(3)(a) of this section;	18823

(c) Any bonds issued to refund any of those revenue bonds or	18824
securities.	18825

(2) "Corporation" means a nonprofit corporation that is	18826
organized under the laws of this state and that includes within	18827
the purposes for which it is incorporated the authorization to	18828
lease and operate facilities such as a port authority educational	18829
and cultural performing arts facility.	18830

(3) "Cost," as applied to a port authority educational and	18831
cultural performing arts facility, means the cost of acquiring,	18832
constructing, renovating, rehabilitating, equipping, or improving	18833
the facility, or any combination of those purposes, collectively	18834
referred to in this section as "construction," and the cost of	18835
acquisition of all land, rights of way, property rights,	18836
easements, franchise rights, and interests required for those	18837
purposes, the cost of demolishing or removing any buildings or	18838
structures on land so acquired, including the cost of acquiring	18839
any land to which those buildings or structures may be moved, the	18840
cost of public utility and common carrier relocation or	18841
duplication, the cost of all machinery, furnishings, and	18842
equipment, financing charges, interest prior to and during	18843
construction and for not more than three years after completion of	18844
construction, costs arising under guaranty agreements,	18845
reimbursement agreements, or other credit enhancement agreements	18846
relating to bonds, engineering, expenses of research and	18847
development with respect to such facility, legal expenses, plans,	18848
specifications, surveys, studies, estimates of costs and revenues,	18849
other expenses necessary or incident to determining the	18850
feasibility or practicability of acquiring or constructing the	18851
facility, administrative expense, and other expenses as may be	18852
necessary or incident to that acquisition or construction and the	18853
financing of such acquisition or construction, including, with	18854
respect to the revenue bonds of a port authority, amounts to be	18855
paid into any special funds from the proceeds of those bonds, and	18856
repayments to the port authority, host county, host municipal	18857
corporation, or corporation of any amounts advanced for the	18858
foregoing purposes.	18859

(4) "Debt service charges" means, for any period or payable	18860
at any time, the principal of and interest and any premium due on	18861
bonds for that period or payable at that time whether due at	18862
maturity or upon mandatory redemption, together with any required	18863
deposits to reserves for the payment of principal of and interest	18864
on those bonds, and includes any payments required by the port	18865
authority to satisfy any of its obligations under or arising from	18866
any guaranty agreements, reimbursement agreements, or other credit	18867
enhancement agreements described in division (C) of this section.	18868

(5) "Host county" means the county within the boundaries of	18869
which the port authority educational and cultural performing arts	18870
facility is or will be located.	18871

(6) "Host municipal corporation" means the municipal	18872
corporation within the boundaries of which the port authority	18873
educational and cultural performing arts facility is or will be	18874
located.	18875

(7) "Port authority" means a port authority created pursuant	18876
to section 4582.22 of the Revised Code.	18877

(8) "Port authority educational and cultural performing arts	18878
facility" means a facility that consists of a center for music or	18879
other performing arts, a theater or other facilities to provide	18880
programs of an educational, recreational, or cultural nature, or	18881
any combination of those purposes as determined by the parties to	18882
the cooperative agreement for which provision is made in division	18883
(B) of this section to fulfill the public educational,	18884
recreational, and cultural purposes set forth therein, together	18885
with all parking facilities, walkways, and other auxiliary	18886
facilities, real and personal property, property rights,	18887
easements, and interests that may be appropriate for, or used in	18888
connection with, the operation of the facility.	18889

(B) A host county, a host municipal corporation, and a port	18890
authority may enter into a cooperative agreement with a	18891
corporation under which, as further provided for in that	18892
agreement:	18893

(1) The host county may agree to do any or all of the	18894
following:	18895

(a) Levy and collect a tax under division (E) and division	18896
(F) of section 5739.09 of the Revised Code for the purposes, and	18897
in an amount sufficient for those purposes, described in divisions	18898
(B)(1)(b) and (c) of this section;	18899

(b) Pay to the port authority all or such portion as provided	18900
for in the cooperative agreement of the revenue from the tax,	18901
together with any investment earnings on that revenue, to be used	18902
to pay a portion of the costs of acquiring, constructing,	18903
renovating, rehabilitating, equipping, or improving the port	18904
authority educational and cultural performing arts facility;	18905

(c) Pledge and pay to the corporation all or such portion as	18906
provided for in the cooperative agreement of the revenue from the	18907
tax, together with any investment earnings on that revenue, to be	18908
used to pay a portion of the costs to the corporation of leasing	18909
the port authority educational and cultural performing arts	18910
facility from the port authority.	18911

(2) The port authority may agree to do any or all of the	18912
following:	18913

(a) Issue its revenue bonds pursuant to section 4582.48 of	18914
the Revised Code for the purpose of paying all or a portion of the	18915
costs of the port authority educational and cultural performing	18916
arts facility;	18917

(b) Acquire, construct, renovate, rehabilitate, equip, and	18918
improve the port authority educational and cultural performing	18919
arts facility;	18920

(c) Lease the port authority educational and cultural	18921
performing arts facility to the corporation;	18922

(d) To the extent provided for in the cooperative agreement	18923
or the lease to the corporation, authorize the corporation to	18924
administer on behalf of the port authority the contracts for	18925
acquiring, constructing, renovating, rehabilitating, or equipping	18926
the port authority educational and cultural performing arts	18927
facility;	18928

(e) Use the revenue derived from the lease of the port	18929
authority educational and cultural performing arts facility to the	18930
corporation solely to pay debt service charges on revenue bonds of	18931
the port authority issued pursuant to division (B)(2)(a) of this	18932
section and to pay its obligations under or arising from any	18933
guaranty agreements, reimbursement agreements, or other credit	18934
enhancement agreements provided for in this section.	18935

(3) The host municipal corporation may agree to do either or	18936
both of the following:	18937

(a) Issue its bonds for the purpose of paying all or a	18938
portion of the costs of the port authority educational and	18939
cultural performing arts facility, and pay the proceeds from the	18940
issuance to the port authority for that purpose;	18941

(b) Enter into a guaranty agreement, a reimbursement	18942
agreement, or other credit enhancement agreement with the port	18943
authority to provide a guaranty or other credit enhancement of the	18944
port authority revenue bonds referred to in division (B)(2)(a) of	18945
this section pledging taxes, other than ad valorem property taxes,	18946
or other revenues for the purpose of providing the funds required	18947
to satisfy the host municipal corporation's obligations under that	18948
agreement.	18949

The cooperative agreement may provide that the proceeds of	18950
such securities or of such guaranty agreement, reimbursement	18951
agreement, or other credit enhancement agreement be deposited with	18952
and administered by the trustee pursuant to the trust agreement	18953
authorized in division (C) of this section.	18954

(4) The corporation may agree to do any or all of the	18955
following:	18956

(a) Lease the port authority educational and cultural	18957
performing arts facility from the port authority;	18958

(b) Operate and maintain the port authority educational and	18959
cultural performing arts facility pursuant to the lease;	18960

(c) To the extent provided for in the cooperative agreement	18961
or the lease from the port authority, administer on behalf of the	18962
port authority the contracts for acquiring, constructing,	18963
renovating, rehabilitating, or equipping the port authority	18964
educational and cultural performing arts facility.	18965

(C) The pledge and payments referred to in divisions	18966
(B)(1)(b) and (c) of this section and provided for in the	18967
cooperative agreement shall be for the period stated in the	18968
cooperative agreement but shall not extend longer than the period	18969
necessary to provide for the final retirement of the port	18970
authority revenue bonds referred to in division (B)(2)(a) of this	18971
section, and for the satisfaction by the port authority of any of	18972
its obligations under or arising from any guaranty agreements,	18973
reimbursement agreements, or other credit enhancement agreements	18974
relating to those bonds or to the revenues pledged to them. The	18975
cooperative agreement shall provide for the termination of the	18976
cooperative agreement, including the pledge and payment referred	18977
to in division (B)(1)(c) of this section, if the port authority	18978
revenue bonds referred to in division (B)(2)(a) of this section	18979
have not been issued, sold, and delivered within five years of the	18980
effective date of the cooperative agreement.	18981

The cooperative agreement shall provide that any port	18982
authority revenue bonds shall be secured by a trust agreement	18983
between the port authority and a corporate trustee that is a trust	18984
company or bank having the powers of a trust company within or	18985
outside the state but authorized to exercise trust powers within	18986
the state. The host county may be a party to that trust agreement	18987
for the purpose of better securing the pledge by the host county	18988
of its payment to the corporation pursuant to division (B)(1)(c)	18989
of this section. A tax levied pursuant to section 5739.09 of the	18990
Revised Code for the purposes specified in division (B)(1)(b) or	18991
(c) of this section is not subject to diminution by initiative or	18992
referendum or diminution by statute, unless provision is made for	18993
an adequate substitute reasonably satisfactory to the trustee	18994
under the trust agreement that secures the port authority revenue	18995
bonds.	18996

(D) A pledge of money by a host county under this section	18997
shall not be net indebtedness of the host county for purposes of	18998
section 133.07 of the Revised Code. A guaranty or other credit	18999
enhancement by a host municipal corporation under this section	19000
shall not be net indebtedness of the host municipal corporation	19001
for purposes of section 133.05 of the Revised Code.	19002

(E) If the terms of the cooperative agreement so provide, any	19003
contract for the acquisition, construction, renovation,	19004
rehabilitation, equipping, or improving of a port authority	19005
educational and cultural performing arts facility shall be made in	19006
such manner as is determined by the board of directors of the port	19007
authority, and unless the cooperative agreement provides	19008
otherwise, such a contract is not subject to division (R)(2) of	19009
section 4582.31 of the Revised Code. The port authority may take	19010
the assignment of and assume any contracts for the acquisition,	19011
construction, renovation, rehabilitation, equipping, or improving	19012
of a port authority educational and cultural performing arts	19013
facility that had previously been authorized by any of the host	19014
county, the host municipality, or the corporation. Such contracts	19015
are not subject to division (R)(2) of section 4582.31 of the	19016
Revised Code.	19017

Any contract for the acquisition, construction, renovation,	19018
rehabilitation, equipping, or improving of a port authority	19019
educational and cultural performing arts facility entered into,	19020
assigned, or assumed pursuant to this division shall provide that	19021
all laborers and mechanics employed for the acquisition,	19022
construction, renovation, rehabilitation, equipping, or improving	19023
of that facility shall be paid at the prevailing rates of wages of	19024
laborers and mechanics for the class of work called for by the	19025
port authority educational and cultural performing arts facility,	19026
which wages shall be determined in accordance with the	19027
requirements of Chapter 4115. of the Revised Code for the	19028
determination of prevailing wage rates.	19029

Notwithstanding any provisions to the contrary in section	19030
~~3383.07~~123.281 of the Revised Code, construction services and	19031
general building services for a port authority educational and	19032
cultural performing arts facility funded completely or in part	19033
with money appropriated by the state to the Ohio ~~cultural~~	19034
facilities construction commission may be provided by a port	19035
authority or a corporation that occupies, will occupy, or is	19036
responsible for that facility, as determined by the commission.	19037
The construction services and general building services to be	19038
provided by the port authority or the corporation shall be	19039
specified in an agreement between the commission and the port	19040
authority or corporation. That agreement, or any actions taken	19041
under it, are not subject to Chapters 123. or 153. of the Revised	19042
Code, but are subject to Chapter 4115. of the Revised Code.	19043

Sec. 307.86. Anything to be purchased, leased, leased with	19044
an option or agreement to purchase, or constructed, including, but	19045
not limited to, any product, structure, construction,	19046
reconstruction, improvement, maintenance, repair, or service,	19047
except the services of an accountant, architect, attorney at law,	19048
physician, professional engineer, construction project manager,	19049
consultant, surveyor, or appraiser, by or on behalf of the county	19050
or contracting authority, as defined in section 307.92 of the	19051
Revised Code, at a cost in excess of fifty thousand dollars,	19052
except as otherwise provided in division (D) of section 713.23 and	19053
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	19054
307.861, 339.05, 340.03, ~~340.033,~~ 4115.31 to 4115.35, ~~5119.16~~	19055
5119.44, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	19056
Code, shall be obtained through competitive bidding. However,	19057
competitive bidding is not required when any of the following	19058
applies:	19059

(A) The board of county commissioners, by a unanimous vote of	19060
its members, makes a determination that a real and present	19061
emergency exists, and that determination and the reasons for it	19062
are entered in the minutes of the proceedings of the board, when	19063
either of the following applies:	19064

(1) The estimated cost is less than one hundred thousand	19065
dollars.	19066

(2) There is actual physical disaster to structures, radio	19067
communications equipment, or computers.	19068

For purposes of this division, "unanimous vote" means all	19069
three members of a board of county commissioners when all three	19070
members are present, or two members of the board if only two	19071
members, constituting a quorum, are present.	19072

Whenever a contract of purchase, lease, or construction is	19073
exempted from competitive bidding under division (A)(1) of this	19074
section because the estimated cost is less than one hundred	19075
thousand dollars, but the estimated cost is fifty thousand dollars	19076
or more, the county or contracting authority shall solicit	19077
informal estimates from no fewer than three persons who could	19078
perform the contract, before awarding the contract. With regard to	19079
each such contract, the county or contracting authority shall	19080
maintain a record of such estimates, including the name of each	19081
person from whom an estimate is solicited. The county or	19082
contracting authority shall maintain the record for the longer of	19083
at least one year after the contract is awarded or the amount of	19084
time the federal government requires.	19085

(B)(1) The purchase consists of supplies or a replacement or	19086
supplemental part or parts for a product or equipment owned or	19087
leased by the county, and the only source of supply for the	19088
supplies, part, or parts is limited to a single supplier.	19089

(2) The purchase consists of services related to information	19090
technology, such as programming services, that are proprietary or	19091
limited to a single source.	19092

(C) The purchase is from the federal government, the state,	19093
another county or contracting authority of another county, or a	19094
board of education, educational service center, township, or	19095
municipal corporation.	19096

(D) The purchase is made by a county department of job and	19097
family services under section 329.04 of the Revised Code and	19098
consists of family services duties or workforce development	19099
activities or is made by a county board of developmental	19100
disabilities under section 5126.05 of the Revised Code and	19101
consists of program services, such as direct and ancillary client	19102
services, child care, case management services, residential	19103
services, and family resource services.	19104

(E) The purchase consists of criminal justice services,	19105
social services programs, family services, or workforce	19106
development activities by the board of county commissioners from	19107
nonprofit corporations or associations under programs funded by	19108
the federal government or by state grants.	19109

(F) The purchase consists of any form of an insurance policy	19110
or contract authorized to be issued under Title XXXIX of the	19111
Revised Code or any form of health care plan authorized to be	19112
issued under Chapter 1751. of the Revised Code, or any combination	19113
of such policies, contracts, plans, or services that the	19114
contracting authority is authorized to purchase, and the	19115
contracting authority does all of the following:	19116

(1) Determines that compliance with the requirements of this	19117
section would increase, rather than decrease, the cost of the	19118
purchase;	19119

(2) Requests issuers of the policies, contracts, plans, or	19120
services to submit proposals to the contracting authority, in a	19121
form prescribed by the contracting authority, setting forth the	19122
coverage and cost of the policies, contracts, plans, or services	19123
as the contracting authority desires to purchase;	19124

(3) Negotiates with the issuers for the purpose of purchasing	19125
the policies, contracts, plans, or services at the best and lowest	19126
price reasonably possible.	19127

(G) The purchase consists of computer hardware, software, or	19128
consulting services that are necessary to implement a computerized	19129
case management automation project administered by the Ohio	19130
prosecuting attorneys association and funded by a grant from the	19131
federal government.	19132

(H) Child care services are purchased for provision to county	19133
employees.	19134

(I)(1) Property, including land, buildings, and other real	19135
property, is leased for offices, storage, parking, or other	19136
purposes, and all of the following apply:	19137

(a) The contracting authority is authorized by the Revised	19138
Code to lease the property.	19139

(b) The contracting authority develops requests for proposals	19140
for leasing the property, specifying the criteria that will be	19141
considered prior to leasing the property, including the desired	19142
size and geographic location of the property.	19143

(c) The contracting authority receives responses from	19144
prospective lessors with property meeting the criteria specified	19145
in the requests for proposals by giving notice in a manner	19146
substantially similar to the procedures established for giving	19147
notice under section 307.87 of the Revised Code.	19148

(d) The contracting authority negotiates with the prospective	19149
lessors to obtain a lease at the best and lowest price reasonably	19150
possible considering the fair market value of the property and any	19151
relocation and operational costs that may be incurred during the	19152
period the lease is in effect.	19153

(2) The contracting authority may use the services of a real	19154
estate appraiser to obtain advice, consultations, or other	19155
recommendations regarding the lease of property under this	19156
division.	19157

(J) The purchase is made pursuant to section 5139.34 or	19158
sections 5139.41 to 5139.46 of the Revised Code and is of programs	19159
or services that provide case management, treatment, or prevention	19160
services to any felony or misdemeanant delinquent, unruly youth,	19161
or status offender under the supervision of the juvenile court,	19162
including, but not limited to, community residential care, day	19163
treatment, services to children in their home, or electronic	19164
monitoring.	19165

(K) The purchase is made by a public children services agency	19166
pursuant to section 307.92 or 5153.16 of the Revised Code and	19167
consists of family services, programs, or ancillary services that	19168
provide case management, prevention, or treatment services for	19169
children at risk of being or alleged to be abused, neglected, or	19170
dependent children.	19171

(L) The purchase is to obtain the services of emergency	19172
medical service organizations under a contract made by the board	19173
of county commissioners pursuant to section 307.05 of the Revised	19174
Code with a joint emergency medical services district.	19175

(M) The county contracting authority determines that the use	19176
of competitive sealed proposals would be advantageous to the	19177
county and the contracting authority complies with section 307.862	19178
of the Revised Code.	19179

Any issuer of policies, contracts, plans, or services listed	19180
in division (F) of this section and any prospective lessor under	19181
division (I) of this section may have the issuer's or prospective	19182
lessor's name and address, or the name and address of an agent,	19183
placed on a special notification list to be kept by the	19184
contracting authority, by sending the contracting authority that	19185
name and address. The contracting authority shall send notice to	19186
all persons listed on the special notification list. Notices shall	19187
state the deadline and place for submitting proposals. The	19188
contracting authority shall mail the notices at least six weeks	19189
prior to the deadline set by the contracting authority for	19190
submitting proposals. Every five years the contracting authority	19191
may review this list and remove any person from the list after	19192
mailing the person notification of that action.	19193

Any contracting authority that negotiates a contract under	19194
division (F) of this section shall request proposals and negotiate	19195
with issuers in accordance with that division at least every three	19196
years from the date of the signing of such a contract, unless the	19197
parties agree upon terms for extensions or renewals of the	19198
contract. Such extension or renewal periods shall not exceed six	19199
years from the date the initial contract is signed.	19200

Any real estate appraiser employed pursuant to division (I)	19201
of this section shall disclose any fees or compensation received	19202
from any source in connection with that employment.	19203

Sec. 309.09. (A) The prosecuting attorney shall be the legal	19204
adviser of the board of county commissioners, board of elections,	19205
all other county officers and boards, and all tax-supported public	19206
libraries, and any of them may require written opinions or	19207
instructions from the prosecuting attorney in matters connected	19208
with their official duties. The prosecuting attorney shall	19209
prosecute and defend all suits and actions that any such officer,	19210
board, or tax-supported public library directs or to which it is a	19211
party, and no county officer may employ any other counsel or	19212
attorney at the expense of the county, except as provided in	19213
section 305.14 of the Revised Code.	19214

(B)(1) The prosecuting attorney shall be the legal adviser	19215
for all township officers, boards, and commissions, unless,	19216
subject to division (B)(2) of this section, the township has	19217
adopted a limited home rule government pursuant to Chapter 504. of	19218
the Revised Code and has not entered into a contract to have the	19219
prosecuting attorney serve as the township law director, in which	19220
case, subject to division (B)(2) of this section, the township law	19221
director, whether serving full-time or part-time, shall be the	19222
legal adviser for all township officers, boards, and commissions.	19223
When the board of township trustees finds it advisable or	19224
necessary to have additional legal counsel, it may employ an	19225
attorney other than the township law director or the prosecuting	19226
attorney of the county, either for a particular matter or on an	19227
annual basis, to represent the township and its officers, boards,	19228
and commissions in their official capacities and to advise them on	19229
legal matters. No such legal counsel may be employed, except on	19230
the order of the board of township trustees, duly entered upon its	19231
journal, in which the compensation to be paid for the legal	19232
services shall be fixed. The compensation shall be paid from the	19233
township fund.	19234

Nothing in this division confers any of the powers or duties	19235
of a prosecuting attorney under section 309.08 of the Revised Code	19236
upon a township law director.	19237

(2)(a) If any township in the county served by the	19238
prosecuting attorney has adopted any resolution regarding the	19239
operation of adult entertainment establishments pursuant to the	19240
authority that is granted under section 503.52 of the Revised Code	19241
or if a resolution of that nature has been adopted under section	19242
503.53 of the Revised Code in a township in the county served by	19243
the prosecuting attorney, all of the following apply:	19244

(i) Upon the request of a township in the county that has	19245
adopted, or in which has been adopted, a resolution of that nature	19246
that is made pursuant to division (E)(1)(c) of section 503.52 of	19247
the Revised Code, the prosecuting attorney shall prosecute and	19248
defend on behalf of the township in the trial and argument in any	19249
court or tribunal of any challenge to the validity of the	19250
resolution. If the challenge to the validity of the resolution is	19251
before a federal court, the prosecuting attorney may request the	19252
attorney general to assist the prosecuting attorney in prosecuting	19253
and defending the challenge and, upon the prosecuting attorney's	19254
making of such a request, the attorney general shall assist the	19255
prosecuting attorney in performing that service if the resolution	19256
was drafted in accordance with legal guidance provided by the	19257
attorney general as described in division (B)(2) of section 503.52	19258
of the Revised Code. The attorney general shall provide this	19259
assistance without charge to the township for which the service is	19260
performed. If a township adopts a resolution without the legal	19261
guidance of the attorney general, the attorney general is not	19262
required to provide assistance as described in this division to a	19263
prosecuting attorney.	19264

(ii) Upon the request of a township in the county that has	19265
adopted, or in which has been adopted, a resolution of that nature	19266
that is made pursuant to division (E)(1)(a) of section 503.52 of	19267
the Revised Code, the prosecuting attorney shall prosecute and	19268
defend on behalf of the township a civil action to enjoin the	19269
violation of the resolution in question.	19270

(iii) Upon the request of a township in the county that has	19271
adopted, or in which has been adopted, a resolution of that nature	19272
that is made pursuant to division (E)(1)(b) of section 503.52 of	19273
the Revised Code, the prosecuting attorney shall prosecute and	19274
defend on behalf of the township a civil action under Chapter	19275
3767. of the Revised Code to abate as a nuisance the place in the	19276
unincorporated area of the township at which the resolution is	19277
being or has been violated. Proceeds from the sale of personal	19278
property or contents seized pursuant to the action shall be	19279
applied and deposited in accordance with division (E)(1)(b) of	19280
section 503.52 of the Revised Code.	19281

(b) The provisions of division (B)(2)(a) of this section	19282
apply regarding all townships, including townships that have	19283
adopted a limited home rule government pursuant to Chapter 504. of	19284
the Revised Code, and regardless of whether a township that has so	19285
adopted a limited home rule government has entered into a contract	19286
with the prosecuting attorney as described in division (B) of	19287
section 504.15 of the Revised Code or has appointed a law director	19288
as described in division (A) of that section.	19289

The prosecuting attorney shall prosecute and defend in the	19290
actions and proceedings described in division (B)(2)(a) of this	19291
section without charge to the township for which the services are	19292
performed.	19293

(C) Whenever the board of county commissioners employs an	19294
attorney other than the prosecuting attorney of the county,	19295
without the authorization of the court of common pleas as provided	19296
in section 305.14 of the Revised Code, either for a particular	19297
matter or on an annual basis, to represent the board in its	19298
official capacity and to advise it on legal matters, the board	19299
shall enter upon its journal an order of the board in which the	19300
compensation to be paid for the legal services shall be fixed. The	19301
compensation shall be paid from the county general fund. The total	19302
compensation paid, in any year, by the board for legal services	19303
under this division shall not exceed the total annual compensation	19304
of the prosecuting attorney for that county.	19305

(D) The prosecuting attorney and the board of county	19306
commissioners jointly may contract with a board of park	19307
commissioners under section 1545.07 of the Revised Code for the	19308
prosecuting attorney to provide legal services to the park	19309
district the board of park commissioners operates.	19310

(E) The prosecuting attorney may be, in the prosecuting	19311
attorney's discretion and with the approval of the board of county	19312
commissioners, the legal adviser of a joint fire district created	19313
under section 505.371 of the Revised Code at no cost to the	19314
district or may be the legal adviser to the district under a	19315
contract that the prosecuting attorney and the district enter	19316
into, and that the board of county ~~commissioner~~commissioners	19317
approves, to authorize the prosecuting attorney to provide legal	19318
services to the district.	19319

(F) The prosecuting attorney may be, in the prosecuting	19320
attorney's discretion and with the approval of the board of county	19321
commissioners, the legal adviser of a joint ambulance district	19322
created under section 505.71 of the Revised Code at no cost to the	19323
district or may be the legal adviser to the district under a	19324
contract that the prosecuting attorney and the district enter	19325
into, and that the board of county commissioners approves, to	19326
authorize the prosecuting attorney to provide legal services to	19327
the district.	19328

(G) The prosecuting attorney may be, in the prosecuting	19329
attorney's discretion and with the approval of the board of county	19330
commissioners, the legal adviser of a joint emergency medical	19331
services district created under section 307.052 of the Revised	19332
Code at no cost to the district or may be the legal adviser to the	19333
district under a contract that the prosecuting attorney and the	19334
district enter into, and that the board of county commissioners	19335
approves, to authorize the prosecuting attorney to provide legal	19336
services to the district.	19337

(H) The prosecuting attorney may be, in the prosecuting	19338
attorney's discretion and with the approval of the board of county	19339
commissioners, the legal adviser of a fire and ambulance district	19340
created under section 505.375 of the Revised Code at no cost to	19341
the district or may be the legal adviser to the district under a	19342
contract that the prosecuting attorney and the district enter	19343
into, and that the board of county commissioners approves, to	19344
authorize the prosecuting attorney to provide legal services to	19345
the district.	19346

(I) All money received pursuant to a contract entered into	19347
under division (D), (E), (F), (G), or (H) of this section shall be	19348
deposited into the prosecuting attorney's legal services fund,	19349
which shall be established in the county treasury of each county	19350
in which such a contract exists. Moneys in that fund may be	19351
appropriated only to the prosecuting attorney for the purpose of	19352
providing legal services to a park district, joint fire district,	19353
joint ambulance district, joint emergency medical services	19354
district, or a fire and ambulance district, as applicable, under a	19355
contract entered into under the applicable division.	19356

(J) The prosecuting attorney shall be the legal advisor of a	19357
lake facilities authority as provided in section 353.02 of the	19358
Revised Code.	19359

Sec. 317.08. (A) Except as provided in divisions (C), (D),	19360
and (E) of this section, the county recorder shall keep six	19361
separate sets of records as follows:	19362

(1) A record of deeds, in which shall be recorded all deeds	19363
and other instruments of writing for the absolute and	19364
unconditional sale or conveyance of lands, tenements, and	19365
hereditaments; all notices as provided in sections 5301.47 to	19366
5301.56 of the Revised Code; all judgments or decrees in actions	19367
brought under section 5303.01 of the Revised Code; all	19368
declarations and bylaws, and all amendments to declarations and	19369
bylaws, as provided in Chapter 5311. of the Revised Code;	19370
affidavits as provided in sections 5301.252 and 5301.56 of the	19371
Revised Code; all certificates as provided in section 5311.17 of	19372
the Revised Code; all articles dedicating archaeological preserves	19373
accepted by the director of the Ohio historical society under	19374
section 149.52 of the Revised Code; all articles dedicating nature	19375
preserves accepted by the director of natural resources under	19376
section 1517.05 of the Revised Code; all agreements for the	19377
registration of lands as archaeological or historic landmarks	19378
under section 149.51 or 149.55 of the Revised Code; all	19379
conveyances of conservation easements and agricultural easements	19380
under section 5301.68 of the Revised Code; all instruments	19381
extinguishing agricultural easements under section 901.21 or	19382
5301.691 of the Revised Code or pursuant to terms of such an	19383
easement granted to a charitable organization under section	19384
5301.68 of the Revised Code; all instruments or orders described	19385
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	19386
no further action letters issued under section 122.654 or 3746.11	19387
of the Revised Code; all covenants not to sue issued under section	19388
3746.12 of the Revised Code, including all covenants not to sue	19389
issued pursuant to section 122.654 of the Revised Code; any	19390
restrictions on the use of property contained in a no further	19391
action letter issued under section 122.654 of the Revised Code,	19392
any restrictions on the use of property identified pursuant to	19393
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	19394
restrictions on the use of property contained in a deed or other	19395
instrument as provided in division (E) or (F) of section 3737.882	19396
of the Revised Code; any easement executed or granted under	19397
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	19398
any environmental covenant entered into in accordance with	19399
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	19400
trust, as described in division (A) of section 5301.255 of the	19401
Revised Code, that describe specific real property; and all	19402
agreements entered into under division (A) of section 1506.44 of	19403
the Revised Code;	19404

(2) A record of mortgages, in which shall be recorded all of	19405
the following:	19406

(a) All mortgages, including amendments, supplements,	19407
modifications, and extensions of mortgages, or other instruments	19408
of writing by which lands, tenements, or hereditaments are or may	19409
be mortgaged or otherwise conditionally sold, conveyed, affected,	19410
or encumbered;	19411

(b) All executory installment contracts for the sale of land	19412
executed after September 29, 1961, that by their terms are not	19413
required to be fully performed by one or more of the parties to	19414
them within one year of the date of the contracts;	19415

(c) All options to purchase real estate, including	19416
supplements, modifications, and amendments of the options, but no	19417
option of that nature shall be recorded if it does not state a	19418
specific day and year of expiration of its validity;	19419

(d) Any tax certificate sold under section 5721.33 of the	19420
Revised Code, or memorandum of it, that is presented for filing of	19421
record.	19422

(3) A record of powers of attorney, including all memoranda	19423
of trust, as described in division (A) of section 5301.255 of the	19424
Revised Code, that do not describe specific real property;	19425

(4) A record of plats, in which shall be recorded all plats	19426
and maps of town lots, of the subdivision of town lots, and of	19427
other divisions or surveys of lands, any center line survey of a	19428
highway located within the county, the plat of which shall be	19429
furnished by the director of transportation or county engineer,	19430
and all drawings and amendments to drawings, as provided in	19431
Chapter 5311. of the Revised Code;	19432

(5) A record of leases, in which shall be recorded all	19433
leases, memoranda of leases, and supplements, modifications, and	19434
amendments of leases and memoranda of leases;	19435

(6) A record of declarations executed pursuant to section	19436
2133.02 of the Revised Code and durable powers of attorney for	19437
health care executed pursuant to section 1337.12 of the Revised	19438
Code.	19439

(B) All instruments or memoranda of instruments entitled to	19440
record shall be recorded in the proper record in the order in	19441
which they are presented for record. The recorder may index, keep,	19442
and record in one volume unemployment compensation liens, internal	19443
revenue tax liens and other liens in favor of the United States as	19444
described in division (A) of section 317.09 of the Revised Code,	19445
personal tax liens, mechanic's liens, agricultural product liens,	19446
notices of liens, certificates of satisfaction or partial release	19447
of estate tax liens, discharges of recognizances, excise and	19448
franchise tax liens on corporations, broker's liens, and liens	19449
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.022~~	19450
5164.56, and 5311.18 of the Revised Code.	19451

The recording of an option to purchase real estate, including	19452
any supplement, modification, and amendment of the option, under	19453
this section shall serve as notice to any purchaser of an interest	19454
in the real estate covered by the option only during the period of	19455
the validity of the option as stated in the option.	19456

(C) In lieu of keeping the six separate sets of records	19457
required in divisions (A)(1) to (6) of this section and the	19458
records required in divisions (D) and (E) of this section, a	19459
county recorder may record all the instruments required to be	19460
recorded by this section in two separate sets of record books. One	19461
set shall be called the "official records" and shall contain the	19462
instruments listed in divisions (A)(1), (2), (3), (5), and (6) and	19463
(D) and (E) of this section. The second set of records shall	19464
contain the instruments listed in division (A)(4) of this section.	19465

(D) Except as provided in division (C) of this section, the	19466
county recorder shall keep a separate set of records containing	19467
all corrupt activity lien notices filed with the recorder pursuant	19468
to section 2923.36 of the Revised Code and a separate set of	19469
records containing all medicaid fraud lien notices filed with the	19470
recorder pursuant to section 2933.75 of the Revised Code.	19471

(E)(1) The county recorder shall keep a separate set of	19472
records containing all transfers, conveyances, or assignments of	19473
any type of tangible or intangible personal property or any rights	19474
or interests in that property if and to the extent that any person	19475
wishes to record that personal property transaction and if the	19476
applicable instrument is acknowledged before a notary public. If	19477
the transferor is a natural person, the notice of personal	19478
property transfer shall be recorded in the county in this state in	19479
which the transferor maintains the transferor's principal	19480
residence. If the transferor is not a natural person, the notice	19481
of personal property transfer shall be recorded in the county in	19482
this state in which the transferor maintains its principal place	19483
of business. If the transferor does not maintain a principal	19484
residence or a principal place of business in this state and the	19485
transfer is to a trustee of a legacy trust formed pursuant to	19486
Chapter 5816. of the Revised Code, the notice of personal property	19487
transfer shall be recorded in the county in this state where that	19488
trustee maintains a principal residence or principal place of	19489
business. In all other instances, the notice of personal property	19490
transfer shall be recorded in the county in this state where the	19491
property described in the notice is located.	19492

(2) The records described in division (E)(1) of this section	19493
shall be maintained in or as part of the "official records" under	19494
division (C) of this section.	19495

Sec. 317.32. The county recorder shall charge and collect	19496
the following fees, to include, except as otherwise provided in	19497
division (A)(2) of this section, base fees for the recorder's	19498
services and housing trust fund fees collected pursuant to section	19499
317.36 of the Revised Code:	19500

(A)(1) Except as otherwise provided in division (A)(2) of	19501
this section, for recording and indexing an instrument if the	19502
photocopy or any similar process is employed, a base fee of	19503
fourteen dollars for the first two pages and a housing trust fund	19504
fee of fourteen dollars, and a base fee of four dollars and a	19505
housing trust fund fee of four dollars for each subsequent page,	19506
size eight and one-half inches by fourteen inches, or fraction of	19507
a page, including the caption page, of such instrument;	19508

(2) For recording and indexing an instrument described in	19509
division (E)(1) of section 317.08 of the Revised Code if the	19510
photocopy or any similar process is employed, a fee of	19511
twenty-eight dollars for the first two pages to be deposited into	19512
the county treasury to the credit of the special fund designated	19513
as "general fund moneys to supplement the ~~equipment~~technology	19514
needs of the county recorder" under section 317.321 of the Revised	19515
Code, and a fee of eight dollars to be deposited in the same	19516
manner for each subsequent page, size eight and one-half inches by	19517
fourteen inches, or fraction of a page, including the caption	19518
page, of that instrument;	19519

(B) For certifying a photocopy from the record previously	19520
recorded, a base fee of one dollar and a housing trust fund fee of	19521
one dollar per page, size eight and one-half inches by fourteen	19522
inches, or fraction of a page; for each certification if the	19523
recorder's seal is required, except as to instruments issued by	19524
the armed forces of the United States, a base fee of fifty cents	19525
and a housing trust fund fee of fifty cents;	19526

(C) For manual or typewritten recording of assignment or	19527
satisfaction of mortgage or lease or any other marginal entry, a	19528
base fee of four dollars and a housing trust fund fee of four	19529
dollars;	19530

(D) For entering any marginal reference by separate recorded	19531
instrument, a base fee of two dollars and a housing trust fund fee	19532
of two dollars for each marginal reference set out in that	19533
instrument, in addition to the fees set forth in division (A)(1)	19534
of this section;	19535

(E) For indexing in the real estate mortgage records,	19536
pursuant to section 1309.519 of the Revised Code, financing	19537
statements covering crops growing or to be grown, timber to be	19538
cut, minerals or the like, including oil and gas, accounts subject	19539
to section 1309.301 of the Revised Code, or fixture filings made	19540
pursuant to section 1309.334 of the Revised Code, a base fee of	19541
two dollars and a housing trust fund fee of two dollars for each	19542
name indexed;	19543

(F) For recording manually any plat not exceeding six lines,	19544
a base fee of two dollars and a housing trust fund fee of two	19545
dollars, and for each additional line, a base fee of ten cents and	19546
a housing trust fund fee of ten cents;	19547

(G) For filing zoning resolutions, including text and maps,	19548
in the office of the recorder as required under sections 303.11	19549
and 519.11 of the Revised Code, a base fee of twenty-five dollars	19550
and a housing trust fund fee of twenty-five dollars, regardless of	19551
the size or length of the resolutions;	19552

(H) For filing zoning amendments, including text and maps, in	19553
the office of the recorder as required under sections 303.12 and	19554
519.12 of the Revised Code, a base fee of ten dollars and a	19555
housing trust fund fee of ten dollars regardless of the size or	19556
length of the amendments;	19557

(I) For photocopying a document, other than at the time of	19558
recording and indexing as provided for in division (A)(1) or (2)	19559
of this section, a base fee of one dollar and a housing trust fund	19560
fee of one dollar per page, size eight and one-half inches by	19561
fourteen inches, or fraction thereof;	19562

(J) For local facsimile transmission of a document, a base	19563
fee of one dollar and a housing trust fund fee of one dollar per	19564
page, size eight and one-half inches by fourteen inches, or	19565
fraction thereof; for long distance facsimile transmission of a	19566
document, a base fee of two dollars and a housing trust fund fee	19567
of two dollars per page, size eight and one-half inches by	19568
fourteen inches, or fraction thereof;	19569

(K) For recording a declaration executed pursuant to section	19570
2133.02 of the Revised Code or a durable power of attorney for	19571
health care executed pursuant to section 1337.12 of the Revised	19572
Code, or both a declaration and a durable power of attorney for	19573
health care, a base fee of at least fourteen dollars but not more	19574
than twenty dollars and a housing trust fund fee of at least	19575
fourteen dollars but not more than twenty dollars.	19576

In any county in which the recorder employs the photostatic	19577
or any similar process for recording maps, plats, or prints the	19578
recorder shall determine, charge, and collect for the recording or	19579
rerecording of any map, plat, or print, a base fee of five cents	19580
and a housing trust fund fee of five cents per square inch, for	19581
each square inch of the map, plat, or print filed for that	19582
recording or rerecording, with a minimum base fee of twenty	19583
dollars and a minimum housing trust fund fee of twenty dollars;	19584
for certifying a copy from the record, a base fee of two cents and	19585
a housing trust fund fee of two cents per square inch of the	19586
record, with a minimum base fee of two dollars and a minimum	19587
housing trust fund fee of two dollars.	19588

The fees provided in this section shall be paid upon the	19589
presentation of the instruments for record or upon the application	19590
for any certified copy of the record, except that the payment of	19591
fees associated with the filing and recording of, or the copying	19592
of, notices of internal revenue tax liens and notices of other	19593
liens in favor of the United States as described in division (A)	19594
of section 317.09 of the Revised Code and certificates of	19595
discharge or release of those liens, shall be governed by section	19596
317.09 of the Revised Code, and the payment of fees for providing	19597
copies of instruments conveying or extinguishing agricultural	19598
easements to the office of farmland preservation in the department	19599
of agriculture under division (H) of section 5301.691 of the	19600
Revised Code shall be governed by that division.	19601

Sec. 317.321. (A) Not later than the first day of October of	19602
~~any~~each year, the county recorder may submit to the board of	19603
county commissioners a proposal for ~~the~~funding either or both of	19604
the following:	19605

(1) The acquisition orand maintenance of ~~micrographic or~~	19606
imaging and other technological equipment ~~or for~~, and associated	19607
expenses and contract services ~~or a proposal to~~therefor;	19608

(2) To reserve funds for the office's future ~~equipment~~	19609
technology needs if the county recorder has no immediate plans for	19610
the acquisition of imaging and other technological equipment or	19611
services. ~~Either~~	19612

(B) The proposal shall be in writing and shall include at	19613
least the following:	19614

(1) A request that an amount not to exceed ~~seven~~eight	19615
dollars of the ~~fee~~total base fees or total fees collected for	19616
filing or recording a document for which a fee is charged as	19617
required by division (A)(1) of section 317.32 ~~of the Revised Code~~	19618
or by section 1309.525 or 5310.15 of the Revised Code, and the	19619
total amount of the fees collected under division (A)(2) of	19620
section 317.32 of the Revised Code, be placed in the county	19621
treasury ~~and~~to the credit of the special fund designated as	19622
"general fund moneys to supplement the ~~equipment~~technology needs	19623
of the county recorder" for a period of one year from the date the	19624
proposal is approved;	19625

(2) ~~The number of years, not to exceed five, for which the~~	19626
~~county recorder requests that the amount requested under division~~	19627
~~(A)(1) of this section be given the designation specified in that~~	19628
~~division;~~	19629

~~(3)~~ An estimate of the total amount of fees that will be	19630
generated for filing or recording a document for which a fee is	19631
charged as required by division (A)(1) or (2) of section 317.32 of	19632
the Revised Code or by section 1309.525 or 5310.15 of the Revised	19633
Code;	19634

~~(4)~~(3) An estimate of the total amount of fees for filing or	19635
recording a document for which a fee is charged as required by	19636
division (A)(1) or (2) of section 317.32 ~~of the Revised Code~~ or by	19637
section 1309.525 or 5310.15 of the Revised Code that will be	19638
credited to the special fund designated as "general fund moneys to	19639
supplement the ~~equipment~~technology needs of the county recorder."	19640
~~if the request submitted under division (A)(1) of this section is~~	19641
~~approved by the board of county commissioners.~~	19642

A proposal ~~for the acquisition or maintenance of micrographic~~	19643
~~or other equipment or for contract services may~~shall include a	19644
description or summary of the ~~micrographic or~~imaging and other	19645
technological equipment~~, or maintenance of the micrographic or~~	19646
~~other equipment,~~ that the county recorder proposes to acquire and	19647
maintain, and the associated expenses therefor, or the nature of	19648
the contract services that the county recorder proposes to	19649
utilize, if the proposal is for those purposes. A proposal to	19650
reserve funds for the office's future ~~equipment~~technology needs	19651
if the county recorder has no immediate plans for the acquisition	19652
of imaging and other technological equipment or services shall	19653
explain the general needs of the office for equipment or services,	19654
if the proposal is for that purpose.	19655

~~(B)~~(C) The board of county commissioners shall receive ~~either~~	19656
the proposal and the clerk shall enter it on the journal. At the	19657
same time, the board shall establish a date, not sooner than	19658
fifteen or later than thirty days after the ~~board's receipt of~~	19659
board receives the proposal, on which to meet with the recorder to	19660
review the proposal.	19661

~~(C)(1)~~(D) Not later than the fifteenth day of December of any	19662
year in which a proposal ~~for the acquisition or maintenance of~~	19663
~~micrographic or other equipment or for contract services~~ is	19664
submitted under division (A) of this section, the board of county	19665
commissioners shall approve~~, reject, or modify~~ the proposal ~~and~~,	19666
if the proposal includes the estimates required by divisions	19667
(B)(2) and (3) of this section. Once the board approves the	19668
proposal, the board shall notify the county recorder of its action	19669
~~on the proposal. If the board rejects or modifies the proposal, it~~	19670
~~shall make a written finding that the request is for a purpose~~	19671
~~other than for acquiring, leasing, or otherwise obtaining~~	19672
~~micrographic or other equipment or contracts for use by the county~~	19673
~~recorder or that the amount requested for the acquisition or~~	19674
~~maintenance of micrographic or other equipment or for contract~~	19675
~~services is excessive as determined by the board. If the board~~	19676
~~approves the proposal, it~~and shall request the establishment of a	19677
special fund under section 5705.12 of the Revised Code ~~for any~~	19678
~~fees~~ designated as "general fund moneys to supplement the	19679
~~equipment~~technology needs of the county recorder," in which the	19680
fees shall be deposited."	19681

~~(2) Not later than the fifteenth day of December of any year~~	19682
~~in which a proposal to reserve funds for the office's future~~	19683
~~equipment needs is submitted under division (A) of this section,~~	19684
~~the board of county commissioners shall approve the proposal,~~	19685
~~notify the county recorder of its action on the proposal, and~~	19686
~~request the establishment of a special fund under section 5705.12~~	19687
~~of the Revised Code for any fees designated as "general fund~~	19688
~~moneys to supplement the equipment needs of the county recorder."~~	19689

~~(D)~~(E) The acquisition orand maintenance of ~~micrographic or~~	19690
imaging and other technological equipment, and ~~the acquisition of~~	19691
associated expenses and contract services therefor, shall be	19692
specifically governed by sections 307.80 to 307.806, 307.84 to	19693
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of	19694
section 5705.41 of the Revised Code.	19695

(F) Funding provided under this section does not diminish the	19696
duty of the board of county commissioners to provide funding for	19697
the expenses incurred by, and the personnel necessary for, the	19698
county recorder to perform the duties of office set forth in the	19699
Revised Code.	19700

Sec. 317.36. (A) The county recorder shall collect the low-	19701
and moderate-income housing trust fund fee as specified in	19702
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	19703
4509.60, ~~5111.022~~5164.56, 5310.15, 5719.07, 5727.56, 5733.18,	19704
5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of	19705
any housing trust fund fee the recorder is authorized to collect	19706
is equal to the amount of any base fee the recorder is authorized	19707
to collect for services. The housing trust fund fee shall be	19708
collected in addition to the base fee.	19709

(B) The recorder shall certify the amounts collected as	19710
housing trust fund fees pursuant to division (A) of this section	19711
into the county treasury as housing trust fund fees to be paid to	19712
the treasurer of state pursuant to section 319.63 of the Revised	19713
Code.	19714

Sec. 321.35. Upon demand of the treasurer of state while	19715
holding a school district, county, township, or municipal	19716
corporation obligation purchased under division (G)(1) of section	19717
135.143 of the Revised Code, in making any payment under section	19718
321.31 or 321.34 of the Revised Code, the county auditor shall	19719
withhold funds of the school district, county, township, or	19720
municipal corporation in an amount sufficient to pay debt service	19721
charges on that obligation and any of the fee for the agreement to	19722
purchase that obligation, less any amount deposited for that	19723
purpose under division (D) of section 3317.18 of the Revised Code.	19724
The county auditor shall promptly pay to the treasurer of state	19725
the amount withheld.	19726

Sec. 321.44. (A)(1) A county probation services fund shall	19727
be established in the county treasury of each county. The fund a	19728
county establishes under this division shall contain all moneys	19729
paid to the treasurer of the county under section 2951.021 of the	19730
Revised Code for deposit into the fund. The moneys paid into the	19731
fund shall be deposited by the treasurer of the county into the	19732
appropriate account established under divisions (A)(1)(a) to (d)	19733
of this section. Separate accounts shall be maintained in	19734
accordance with the following criteria in the fund a county	19735
establishes under this division:	19736

(a) If a county department of probation is established in the	19737
county, a separate account shall be maintained in the fund for the	19738
county department of probation.	19739

(b) If the judges of the court of common pleas of the county	19740
have affiliated with the judges of the court of common pleas of	19741
one or more other counties and have established a multicounty	19742
department of probation, a separate account shall be maintained in	19743
the fund for the multicounty department of probation.	19744

(c) If a department of probation is established in a	19745
county-operated municipal court that has jurisdiction within the	19746
county, a separate account shall be maintained in the fund for the	19747
municipal court department of probation.	19748

(d) If a county department of probation has not been	19749
established in the county and if the court of common pleas of the	19750
county, pursuant to section 2301.32 of the Revised Code, has	19751
entered into an agreement with the adult parole authority under	19752
which the court may place defendants under a community control	19753
sanction in charge of the authority, a separate account shall be	19754
maintained in the fund for the court of common pleas.	19755

(2) For any county, if a county department of probation is	19756
established in the county or if a department of probation is	19757
established in a county-operated municipal court that has	19758
jurisdiction within the county, the board of county commissioners	19759
of the county shall appropriate to the county department of	19760
probation or municipal court department of probation all money	19761
that is contained in the department's account in the county	19762
probation services fund established in the county for use only for	19763
specialized staff, purchase of equipment, purchase of services,	19764
reconciliation programs for offenders and victims, other treatment	19765
programs, including ~~alcohol and drug~~community addiction ~~programs~~	19766
services providers certified under section ~~3793.06~~5119.36 of the	19767
Revised Code, determined to be appropriate by the chief probation	19768
officer of the department of probation, and other similar expenses	19769
related to placing offenders under a community control sanction.	19770

For any county, if the judges of the court of common pleas of	19771
the county have affiliated with the judges of the court of common	19772
pleas of one or more other counties and have established a	19773
multicounty department of probation to serve the counties, the	19774
board of county commissioners of the county shall appropriate and	19775
the county treasurer shall transfer to the multicounty probation	19776
services fund established for the multicounty department of	19777
probation under division (B) of this section all money that is	19778
contained in the multicounty department of probation account in	19779
the county probation services fund established in the county for	19780
use in accordance with that division.	19781

For any county, if a county department of probation has not	19782
been established in the county and if the court of common pleas of	19783
the county, pursuant to section 2301.32 of the Revised Code, has	19784
entered into an agreement with the adult parole authority under	19785
which the court may place defendants under a community control	19786
sanction in charge of the authority, the board of county	19787
commissioners of the county shall appropriate to the court all	19788
money that is contained in the court's account in the county	19789
probation services fund established in the county for use only for	19790
specialized staff, purchase of equipment, purchase of services,	19791
reconciliation programs for offenders and victims, other treatment	19792
and recovery support services, including properly credentialed	19793
treatment and recovery support services program providers or those	19794
certified under section ~~3793.06~~5119.36 of the Revised Code,	19795
determined to be appropriate by the authority, and other similar	19796
uses related to placing offenders under a community control	19797
sanction.	19798

(B) If the judges of the courts of common pleas of two or	19799
more counties have established a multicounty department of	19800
probation, a multicounty probation services fund shall be	19801
established in the county treasury of the county whose treasurer,	19802
in accordance with section 2301.27 of the Revised Code, is	19803
designated by the judges of the courts of common pleas as the	19804
treasurer to whom monthly supervision fees are to be appropriated	19805
and transferred under division (A)(2) of this section for deposit	19806
into the fund. The fund shall contain all moneys that are paid to	19807
the treasurer of any member county under section 2951.021 of the	19808
Revised Code for deposit into the county's probation services fund	19809
and that subsequently are appropriated and transferred to the	19810
multicounty probation services fund under division (A)(2) of this	19811
section. The board of county commissioners of the county in which	19812
the multicounty probation services fund is established shall	19813
appropriate the money contained in that fund to the multicounty	19814
department of probation, for use only for specialized staff,	19815
purchase of equipment, purchase of services, reconciliation	19816
programs for offenders and victims, other treatment programs,	19817
including ~~alcohol and drug~~community addiction ~~programs~~services	19818
providers certified under section ~~3793.06~~5119.36 of the Revised	19819
Code, determined to be appropriate by the chief probation officer,	19820
and for other similar expenses related to placing offenders under	19821
a community control sanction.	19822

(C) Any money in a county or multicounty probation services	19823
fund at the end of a fiscal year shall not revert to the general	19824
fund of the county but shall be retained in the fund.	19825

(D) As used in this section:

19826

(1) "County-operated municipal court" has the same meaning as	19827
in section 1901.03 of the Revised Code.	19828

(2) "Multicounty department of probation" means a probation	19829
department established under section 2301.27 of the Revised Code	19830
to serve more than one county.	19831

(3) "Community control sanction" has the same meaning as in	19832
section 2929.01 of the Revised Code.	19833

Sec. 329.04. (A) The county department of job and family	19834
services shall have, exercise, and perform the following powers	19835
and duties:	19836

(1) Perform any duties assigned by the state department of	19837
job and family services or department of medicaid regarding the	19838
provision of public family services, including the provision of	19839
the following services to prevent or reduce economic or personal	19840
dependency and to strengthen family life:	19841

(a) Services authorized by a Title IV-A program, as defined	19842
in section 5101.80 of the Revised Code;	19843

(b) Social services authorized by Title XX of the "Social	19844
Security Act" and provided for by section 5101.46 or 5101.461 of	19845
the Revised Code;	19846

(c) If the county department is designated as the child	19847
support enforcement agency, services authorized by Title IV-D of	19848
the "Social Security Act" and provided for by Chapter 3125. of the	19849
Revised Code. The county department may perform the services	19850
itself or contract with other government entities, and, pursuant	19851
to division (C) of section 2301.35 and section 2301.42 of the	19852
Revised Code, private entities, to perform the Title IV-D	19853
services.	19854

(d) Duties assigned under section ~~5111.98~~5162.031 of the	19855
Revised Code.	19856

(2) Administer disability financial assistance, as required	19857
by the state department of job and family services under section	19858
5115.03 of the Revised Code;	19859

(3) Administer burials insofar as the administration of	19860
burials was, prior to September 12, 1947, imposed upon the board	19861
of county commissioners and if otherwise required by state law;	19862

(4) Cooperate with state and federal authorities in any	19863
matter relating to family services and to act as the agent of such	19864
authorities;	19865

(5) Submit an annual account of its work and expenses to the	19866
board of county commissioners and to the state department of job	19867
and family services and department of medicaid at the close of	19868
each fiscal year;	19869

(6) Exercise any powers and duties relating to family	19870
services duties or workforce development activities imposed upon	19871
the county department of job and family services by law, by	19872
resolution of the board of county commissioners, or by order of	19873
the governor, when authorized by law, to meet emergencies during	19874
war or peace;	19875

(7) ~~Determine the eligibility for medical assistance of~~	19876
~~recipients of aid under Title XVI of the "Social Security Act";~~	19877

~~(8) If assigned by the state director of job and family~~	19878
~~services under section 5101.515 or 5101.525 of the Revised Code,~~	19879
~~determine applicants' eligibility for health assistance under the~~	19880
~~children's health insurance program part II or part III;~~	19881

~~(9)~~ Enter into a plan of cooperation with the board of county	19882
commissioners under section 307.983, consult with the board in the	19883
development of the transportation work plan developed under	19884
section 307.985, establish with the board procedures under section	19885
307.986 for providing services to children whose families relocate	19886
frequently, and comply with the contracts the board enters into	19887
under sections 307.981 and 307.982 of the Revised Code that affect	19888
the county department;	19889

~~(10)~~(8) For the purpose of complying with a grant agreement	19890
the board of county commissioners enters into under sections	19891
307.98 and 5101.21 of the Revised Code, exercise the powers and	19892
perform the duties the grant agreement assigns to the county	19893
department;	19894

~~(11)~~(9) If the county department is designated as the	19895
workforce development agency, provide the workforce development	19896
activities specified in the contract required by section 330.05 of	19897
the Revised Code.	19898

(B) The powers and duties of a county department of job and	19899
family services are, and shall be exercised and performed, under	19900
the control and direction of the board of county commissioners.	19901
The board may assign to the county department any power or duty of	19902
the board regarding family services duties and workforce	19903
development activities. If the new power or duty necessitates the	19904
state department of job and family services or department of	19905
medicaid changing its federal cost allocation plan, the county	19906
department may not implement the power or duty unless the United	19907
States department of health and human services approves the	19908
changes.	19909

Sec. 329.051. The county department of job and family	19910
services shall make voter registration applications as prescribed	19911
by the secretary of state under section 3503.10 of the Revised	19912
Code available to persons who are applying for, receiving	19913
assistance from, or participating in any of the following:	19914

(A) The disability financial assistance program established	19915
under Chapter 5115. of the Revised Code;	19916

(B) The ~~medical assistance~~medicaid program ~~established under~~	19917
~~Chapter 5111. of the Revised Code~~;	19918

(C) The Ohio works first program established under Chapter	19919
5107. of the Revised Code;	19920

(D) The prevention, retention, and contingency program	19921
established under Chapter 5108. of the Revised Code.	19922

Sec. 329.06. (A) Except as provided in division (C) of this	19923
section and section 6301.08 of the Revised Code, the board of	19924
county commissioners shall establish a county family services	19925
planning committee. The board shall appoint a member to represent	19926
the county department of job and family services; an employee in	19927
the classified civil service of the county department of job and	19928
family services, if there are any such employees; and a member to	19929
represent the public. The board shall appoint other individuals to	19930
the committee in such a manner that the committee's membership is	19931
broadly representative of the groups of individuals and the public	19932
and private entities that have an interest in the family services	19933
provided in the county. The board shall make appointments in a	19934
manner that reflects the ethnic and racial composition of the	19935
county. The following groups and entities may be represented on	19936
the committee:	19937

(1) Consumers of family services;

19938

(2) The public children services agency;

19939

(3) The child support enforcement agency;

19940

(4) The county family and children first council;

19941

(5) Public and private colleges and universities;

19942

(6) Public entities that provide family services, including	19943
boards of health, boards of education, the county board of	19944
developmental disabilities, and the board of alcohol, drug	19945
addiction, and mental health services that serves the county;	19946

(7) Private nonprofit and for-profit entities that provide	19947
family services in the county or that advocate for consumers of	19948
family services in the county, including entities that provide	19949
services to or advocate for victims of domestic violence;	19950

(8) Labor organizations;

19951

(9) Any other group or entity that has an interest in the	19952
family services provided in the county, including groups or	19953
entities that represent any of the county's business, urban, and	19954
rural sectors.	19955

(B) The county family services planning committee shall do	19956
all of the following:	19957

(1) Serve as an advisory body to the board of county	19958
commissioners with regard to the family services provided in the	19959
county, including assistance under Chapters 5107. and 5108. of the	19960
Revised Code, publicly funded child care under Chapter 5104. of	19961
the Revised Code, and social services provided under section	19962
5101.46 of the Revised Code;	19963

(2) At least once a year, review and analyze the county	19964
department of job and family services' implementation of the	19965
programs established under Chapters 5107. and 5108. of the Revised	19966
Code. In its review, the committee shall use information available	19967
to it to examine all of the following:	19968

(a) Return of assistance groups to participation in either	19969
program after ceasing to participate;	19970

(b) Teen pregnancy rates among the programs' participants;

19971

(c) The other types of assistance the programs' participants	19972
receive, including medicaid ~~under Chapter 5111. of the Revised~~	19973
~~Code~~, publicly funded child care under Chapter 5104. of the	19974
Revised Code, supplemental nutrition assistance program benefits	19975
under section 5101.54 of the Revised Code, and energy assistance	19976
under Chapter 5117. of the Revised Code;	19977

(d) Other issues the committee considers appropriate.

19978

The committee shall make recommendations to the board of	19979
county commissioners and county department of job and family	19980
services regarding the committee's findings.	19981

(3) Conduct public hearings on proposed county profiles for	19982
the provision of social services under section 5101.46 of the	19983
Revised Code;	19984

(4) At the request of the board, make recommendations and	19985
provide assistance regarding the family services provided in the	19986
county;	19987

(5) At any other time the committee considers appropriate,	19988
consult with the board and make recommendations regarding the	19989
family services provided in the county. The committee's	19990
recommendations may address the following:	19991

(a) Implementation and administration of family service	19992
programs;	19993

(b) Use of federal, state, and local funds available for	19994
family service programs;	19995

(c) Establishment of goals to be achieved by family service	19996
programs;	19997

(d) Evaluation of the outcomes of family service programs;

19998

(e) Any other matter the board considers relevant to the	19999
provision of family services.	20000

(C) If there is a committee in existence in a county on	20001
October 1, 1997, that the board of county commissioners determines	20002
is capable of fulfilling the responsibilities of a county family	20003
services planning committee, the board may designate the committee	20004
as the county's family services planning committee and the	20005
committee shall serve in that capacity.	20006

Sec. 329.14. (A) An individual whose household income does	20007
not exceed two hundred per cent of the federal poverty line is	20008
eligible to participate in an individual development account	20009
program established by the county department of job and family	20010
services of the county in which the individual resides. An	20011
eligible individual seeking to be a participant in the program	20012
shall enter into an agreement with the fiduciary organization	20013
administering the program. The agreement shall specify the terms	20014
and conditions of uses of funds deposited, financial documentation	20015
required to be maintained by the participant, expectations and	20016
responsibilities of the participant, and services to be provided	20017
by the fiduciary organization.	20018

(B) A participant may deposit earned income, as defined in 26	20019
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	20020
organization may deposit into the account an amount not exceeding	20021
four times the amount deposited by the participant except that a	20022
fiduciary organization may not, pursuant to an agreement with an	20023
employer, deposit an amount into an account held by a participant	20024
who is employed by the employer. An account may have no more than	20025
ten thousand dollars in it at any time.	20026

(C) Notwithstanding eligibility requirements established in	20027
or pursuant to Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	20028
Code, to the extent permitted by federal statutes and regulations,	20029
money in an individual development account, including interest, is	20030
exempt from consideration in determining whether the participant	20031
or a member of the participant's assistance group is eligible for	20032
assistance under Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	20033
Code and the amount of assistance the participant or assistance	20034
group is eligible to receive.	20035

(D)(1) Except as provided in division (D)(2) of this section,	20036
an individual development account program participant may use	20037
money in the account only for the following purposes:	20038

(a) Postsecondary educational expenses paid directly from the	20039
account to an eligible education institution or vendor;	20040

(b) Qualified acquisition expenses of a principal residence,	20041
as defined in 26 U.S.C. 1034, as amended, paid directly from the	20042
account to the person or government entity to which the expenses	20043
are due;	20044

(c) Qualified business capitalization expenses made in	20045
accordance with a qualified business plan that has been approved	20046
by a financial institution or by a nonprofit microenterprise	20047
program having demonstrated business expertise and paid directly	20048
from the account to the person to whom the expenses are due.	20049

(2) A fiduciary organization shall permit a participant to	20050
withdraw money deposited by the participant if it is needed to	20051
deal with a personal emergency of the participant or a member of	20052
the participant's family or household. Withdrawal shall result in	20053
the loss of any matching funds in an amount equal to the amount of	20054
the withdrawal.	20055

(3) Regardless of the reason for the withdrawal, a withdrawal	20056
from an individual development account may be made only with the	20057
approval of the fiduciary organization.	20058

Sec. 339.02. (A) As used in this section, "area served by	20059
the hospital" means the geographic area, whether or not included	20060
within the county, from which a county hospital regularly draws	20061
patients.	20062

(B) Unless a board of county hospital trustees for the county	20063
is in existence in accordance with this section, such board shall	20064
be created pursuant to this section after the board of county	20065
commissioners first determines by resolution to establish a county	20066
hospital. Copies of such resolution shall be certified to the	20067
probate judge of the county senior in point of service and to the	20068
judge, other than a probate judge, of the court of common pleas of	20069
the county senior in point of service. The board of county	20070
commissioners together with the probate judge of the county senior	20071
in point of service and the judge of the court of common pleas of	20072
the county senior in point of service shall, within ten days after	20073
such certification, appoint a board of county hospital trustees.	20074

(C) In making appointments to a board of county hospital	20075
trustees, ~~all~~both of the following apply with respect to the	20076
individuals who may be appointed:	20077

(1) Members shall be electors and representative of the area	20078
served by the hospital, except that not more than two members may	20079
be electors of the area served by the hospital that is outside the	20080
county in which the hospital is located.	20081

(2) ~~In no case shall more than one-half of the members be~~	20082
~~independents or be members of any one political party.~~	20083

~~(3)~~ A physician may serve as a member, including a physician	20084
who is authorized to admit and treat patients at the hospital,	20085
except as follows:	20086

(a) Not more than two physicians may serve as members at the	20087
same time;	20088

(b) No physician who is employed by the hospital may serve as	20089
a member.	20090

(D) A board of county hospital trustees shall be composed of	20091
six members, unless the board of county commissioners determines	20092
that the board of trustees can more effectively function with	20093
eight or ten members in which case there may be eight or ten	20094
members, as designated by the board of county commissioners.	20095

(E) With respect to the initial appointment of members to a	20096
board of county hospital trustees, all of the following apply:	20097

(1) When the board is composed of six members, their terms of	20098
office shall be one for one year, one for two years, one for three	20099
years, one for four years, one for five years, and one for six	20100
years from the first Monday of March thereafter.	20101

(2) When the board is composed of eight members, their terms	20102
of office shall be one for one year, one for two years, two for	20103
three years, one for four years, one for five years, and two for	20104
six years from the first Monday of March thereafter.	20105

(3) When the board is composed of ten members, their terms of	20106
office shall be two for one year, one for two years, two for three	20107
years, two for four years, one for five years, and two for six	20108
years from the first Monday of March thereafter.	20109

(F) Except as provided in division (G)(2) of this section,	20110
all of the following apply with respect to vacancies on a board of	20111
county hospital trustees:	20112

(1) Annually, on the first Monday of March, the board of	20113
county commissioners together with the probate judge of the county	20114
senior in point of service and the judge of the court of common	20115
pleas of the county senior in point of service shall appoint or	20116
reappoint for a term of six years a sufficient number of members	20117
to replace those members whose terms have expired.	20118

(2) The appointing authority shall fill a vacancy not later	20119
than six months after the vacancy occurs. If the vacancy remains	20120
unfilled on that date, the remaining members of the board, by	20121
majority vote, shall appoint an individual to fill the vacancy.	20122

(3) The appointing authority may fill a vacancy by seeking	20123
nominations from a selection committee consisting of one county	20124
commissioner designated by the board of county commissioners, the	20125
chair of the board of county hospital trustees, and the county	20126
hospital administrator. If nominations for filling a vacancy are	20127
sought from a selection committee, the committee shall nominate at	20128
least three individuals for the vacancy. The appointing authority	20129
may fill the vacancy by appointing one of the nominated	20130
individuals or by appointing another individual selected by the	20131
appointing authority.	20132

(4) Any member appointed to fill a vacancy occurring prior to	20133
the expiration date of the term for which the member's predecessor	20134
was appointed shall hold office as a member for the remainder of	20135
that term.	20136

(G)(1) The board of county commissioners together with the	20137
probate judge senior in point of service and the judge of the	20138
court of common pleas senior in point of service in any county in	20139
which a board of county hospital trustees has been appointed may	20140
expand the number of members to eight or to ten. When the number	20141
of members is increased to eight, one shall be appointed for a	20142
three-year and one for a six-year term from the first Monday of	20143
March thereafter. When the number of members is increased from six	20144
to ten, the term for additional members shall be: one for one	20145
year, one for three years, one for four years, and one for six	20146
years from the first Monday of March thereafter. When the number	20147
of members is increased from eight to ten, the term for additional	20148
members shall be: one for one year and one for four years from the	20149
first Monday of March thereafter. Thereafter except as provided in	20150
division (G)(2) of this section, upon the expiration of the term	20151
of office of each member, the vacancy shall be filled in the	20152
manner specified in division (F) of this section.	20153

(2) The board of county commissioners together with the	20154
probate judge senior in point of service and the judge of the	20155
court of common pleas senior in point of service may reduce the	20156
number of members of a board of county hospital trustees to eight	20157
or to six. The reduction shall occur on expiration of a member's	20158
term of office, at which time no appointment shall be made. While	20159
the board of county commissioners and the judges are in the	20160
process of reducing the number of members, the board of county	20161
hospital trustees may consist of nine or seven members for one	20162
year.	20163

(H) Any member of a board of county hospital trustees may be	20164
removed from office by the appointing authority for neglect of	20165
duty, misconduct, or malfeasance in office. The member shall be	20166
informed in writing of the charges and afforded an opportunity for	20167
a hearing before the appointing authority. The appointing	20168
authority shall not remove a member from office for political	20169
reasons.	20170

(I) The board of county commissioners may provide members of	20171
a board of county hospital trustees ~~shall~~a stipend for their	20172
service or require the members to serve without compensation~~, but~~.	20173
The members shall be allowed their necessary and reasonable	20174
expenses incurred in the performance of their duties, including	20175
the cost of their participation in any continuing education	20176
programs or developmental programs that the members consider	20177
necessary. Allowable stipends and expenses shall be paid out of	20178
the funds provided for the county hospital.	20179

(J) The persons selected to be members of a board of county	20180
hospital trustees shall forthwith be notified, by mail, of their	20181
appointment. When a board is initially appointed, the notice shall	20182
state a time, not more than ten days later, when such board shall	20183
meet at the county seat of such county to organize. On the date	20184
stated, the board shall meet and organize.	20185

(K) A board of county hospital trustees shall organize by	20186
electing one of its number as chairperson and such other officers	20187
as specified in the board's rules. Four members of a six-member	20188
board constitute a quorum, five members constitute a quorum of an	20189
eight-member board, and six members constitute a quorum of a	20190
ten-member board.	20191

A board of county hospital trustees shall hold meetings at	20192
least ~~once a month~~quarterly, shall adopt necessary rules of	20193
procedure, and shall keep a record of its proceedings and a strict	20194
account of all its receipts, disbursements, and expenditures. On	20195
completion of the construction and equipping of a county hospital,	20196
the board shall file such account with the board of county	20197
commissioners and make final settlement with the board of county	20198
commissioners for the construction and equipping of the hospital.	20199

Sec. 339.05. (A) A board of county hospital trustees may	20200
adopt, annually, bidding procedures and purchasing or leasing	20201
policies ~~for services~~ provided through a joint purchasing	20202
arrangement sponsored by a nonprofit organization, ~~and~~ for	20203
services, supplies, and equipment, that are routinely used in the	20204
operation of the hospital and that cost in excess of the amount	20205
specified in section 307.86 of the Revised Code as the amount	20206
above which purchases must be competitively bid. If a board of	20207
county hospital trustees adopts those policies and procedures, and	20208
if the board of county commissioners approves them, the board of	20209
county hospital trustees may follow those policies and procedures	20210
in lieu of following the competitive bidding procedures of	20211
sections 307.86 to 307.92 of the Revised Code.	20212

(B) Notwithstanding section 307.86 of the Revised Code, the	20213
board of county hospital trustees is exempt from competitive	20214
bidding as required under that section if the board, by a	20215
unanimous vote of its members, makes a determination that a real	20216
and present emergency exists, and either of the following applies:	20217

(1) The estimated cost is less than one hundred thousand	20218
dollars.	20219

(2) There is actual physical damage to structures or	20220
equipment.	20221

The board shall enter the determination of emergency and the	20222
reasons for it in the minutes of its proceedings.	20223

For purposes of this section, a vote is unanimous if all	20224
members of a board of county hospital trustees are present, or a	20225
lesser number of members of the board if not all members are	20226
present, provided that the number of members present constitutes a	20227
quorum.	20228

Whenever a contract of purchase, lease, or construction is	20229
exempted from competitive bidding because the estimated cost is	20230
less than one hundred thousand dollars, but the estimated cost is	20231
fifty thousand dollars or more, the board shall solicit informal	20232
estimates from not fewer than three persons who could perform the	20233
contract, before awarding the contract. With regard to each such	20234
contract, the board shall maintain a record of the informal	20235
estimates, including the name of each person from whom an informal	20236
estimate was solicited. The board shall maintain the record for	20237
the longer of at least one year after the contract is awarded or	20238
an amount of time required by the federal government.	20239

Sec. 339.06. (A) The board of county hospital trustees, upon	20240
completion of construction or leasing and equipping of a county	20241
hospital, shall assume and continue the operation of the hospital.	20242

(B) The board of county hospital trustees shall have the	20243
entire management and control of the county hospital. The board	20244
may in writing delegate its management and control of the county	20245
hospital to the administrator of the county hospital employed	20246
under section 339.07 of the Revised Code. The board shall	20247
establish such rules for the hospital's government, management,	20248
control, and the admission of persons as are expedient.	20249

(C) The board of county hospital trustees has control of the	20250
property of the county hospital, including management and disposal	20251
of surplus property other than real estate or an interest in real	20252
estate.	20253

(D) With respect to the use of funds by the board of county	20254
hospital trustees and its accounting for the use of funds, all of	20255
the following apply:	20256

(1) The board of county hospital trustees has control of all	20257
funds used in the county hospital's operation, including moneys	20258
received from the operation of the hospital, moneys appropriated	20259
for its operation by the board of county commissioners, and moneys	20260
resulting from special levies submitted by the board of county	20261
commissioners as provided for in section 5705.22 of the Revised	20262
Code.	20263

(2) Of the funds used in the county hospital's operation, all	20264
or part of any amount determined not to be necessary to meet	20265
current demands on the hospital may be invested by the board of	20266
county hospital trustees or its designee in any classifications of	20267
securities and obligations eligible for deposit or investment of	20268
county moneys pursuant to section 135.35 of the Revised Code,	20269
subject to the approval of the board's written investment policy	20270
by the county investment advisory committee established pursuant	20271
to section 135.341 of the Revised Code.	20272

(3) Annually, not later than sixty days before the end of the	20273
fiscal year used by the county hospital, the board of county	20274
hospital trustees shall submit its proposed budget for the ensuing	20275
fiscal year to the board of county commissioners for that board's	20276
review. The board of county commissioners shall review and approve	20277
the proposed budget by the first day of the fiscal year to which	20278
the budget applies. If the board of county commissioners has not	20279
approved the budget by the first day of the fiscal year to which	20280
the budget applies, the budget is deemed to have been approved by	20281
the board on the first day of that fiscal year.	20282

(4) The board of county hospital trustees shall not expend	20283
funds received from taxes collected pursuant to any tax levied	20284
under section 5705.22 of the Revised Code or the amount	20285
appropriated to the county hospital by the board of county	20286
commissioners in the annual appropriation measure for the county	20287
until its budget for the applicable fiscal year is approved in	20288
accordance with division (C)(3) of this section. At any time the	20289
amount received from those sources differs from the amount shown	20290
in the approved budget, the board of county commissioners may	20291
require the board of county hospital trustees to revise the county	20292
hospital budget accordingly.	20293

(5) Funds under the control of the board of county hospital	20294
trustees may be disbursed by the board, consistent with the	20295
approved budget, for the uses and purposes of the county hospital;	20296
for the replacement of necessary equipment; for the acquisition,	20297
leasing, or construction of permanent improvements to county	20298
hospital property; or for making a donation authorized by division	20299
(E) of this section. Each disbursement of funds shall be made on a	20300
voucher signed by signatories designated and approved by the board	20301
of county hospital trustees.	20302

(6) The head of a board of county hospital trustees is not	20303
required to file an estimate of contemplated revenue and	20304
expenditures for the ensuing fiscal year under section 5705.28 of	20305
the Revised Code unless the board of county commissioners levies a	20306
tax for the county hospital, or such a tax is proposed, or the	20307
board of county hospital trustees desires that the board of county	20308
commissioners make an appropriation to the county hospital for the	20309
ensuing fiscal year.	20310

(7) All moneys appropriated by the board of county	20311
commissioners or from special levies by the board of county	20312
commissioners for the operation of the hospital, when collected	20313
shall be paid to the board of county hospital trustees on a	20314
warrant of the county auditor and approved by the board of county	20315
commissioners.	20316

(8) The board of county hospital trustees shall provide for	20317
the conduct of an annual financial audit of the county hospital.	20318
Not later than thirty days after it receives the final report of	20319
an annual financial audit, the board shall file a copy of the	20320
report with the board of county commissioners.	20321

(E) For the public purpose of improving the health, safety,	20322
and general welfare of the community, the board of county hospital	20323
trustees may donate to a nonprofit entity any of the following:	20324

(1) Moneys and other financial assets determined not to be	20325
necessary to meet current demands on the hospital;	20326

(2) Surplus hospital property, including supplies, equipment,	20327
office facilities, and other property that is not real estate or	20328
an interest in real estate;	20329

(3) Services rendered by the hospital.

20330

(F)(1) For purposes of division (F)(2) of this section:

20331

(a) "Bank" has the same meaning as in section 1101.01 of the	20332
Revised Code.	20333

(b) "Savings and loan association" has the same meaning as in	20334
section 1151.01 of the Revised Code.	20335

(c) "Savings bank" has the same meaning as in section 1161.01	20336
of the Revised Code.	20337

(2) The board of county hospital trustees may enter into a	20338
contract for a secured line of credit with a bank, savings and	20339
loan association, or savings bank if the contract meets all of the	20340
following requirements:	20341

(a) The term of the contract does not exceed one year, except	20342
that the contract may provide for the automatic renewal of the	20343
contract for up to four additional one-year periods if, on the	20344
date of automatic renewal, the aggregate outstanding draws	20345
remaining unpaid under the secured line of credit do not exceed	20346
fifty per cent of the maximum amount that can be drawn under the	20347
secured line of credit.	20348

(b) The contract provides that the bank, savings and loan	20349
association, or savings bank shall not commence a civil action	20350
against the board of county commissioners, any member of the	20351
board, or the county to recover the principal, interest, or any	20352
charges or other amounts that remain outstanding on the secured	20353
line of credit at the time of any default by the board of county	20354
hospital trustees.	20355

(c) The contract provides that no assets other than those of	20356
the county hospital can be used to secure the line of credit.	20357

(d) The terms and conditions of the contract comply with all	20358
state and federal statutes and rules governing the extension of a	20359
secured line of credit.	20360

(3) Any obligation incurred by a board of county hospital	20361
trustees under division (F)(2) of this section is an obligation of	20362
that board only and not a general obligation of the board of	20363
county commissioners or the county within the meaning of division	20364
(Q) of section 133.01 of the Revised Code.	20365

(4) Notwithstanding anything to the contrary in the Revised	20366
Code, the board of county hospital trustees may secure the line of	20367
credit authorized under division (F)(2) of this section by the	20368
grant of a security interest in any part or all of its tangible	20369
personal property and intangible personal property, including its	20370
deposit accounts, accounts receivable, or both.	20371

(5) No board of county hospital trustees shall at any time	20372
have more than one secured line of credit under division (F)(2) of	20373
this section.	20374

(G) The board of county hospital trustees shall establish a	20375
schedule of charges for all services and treatment rendered by the	20376
county hospital. It may provide for the free treatment in the	20377
hospital of soldiers, sailors, and marines of the county, under	20378
such conditions and rules as it prescribes.	20379

(H) The board of county hospital trustees may designate the	20380
amounts and forms of insurance protection to be provided, and the	20381
board of county commissioners shall assist in obtaining such	20382
protection. The expense of providing the protection shall be paid	20383
from hospital operating funds.	20384

(I) The board of county hospital trustees may authorize a	20385
county hospital and each of its units, hospital board members,	20386
designated hospital employees, and medical staff members to be a	20387
member of and maintain membership in any local, state, or national	20388
group or association organized and operated for the promotion of	20389
the public health and welfare or advancement of the efficiency of	20390
hospital administration and in connection therewith to use tax	20391
funds for the payment of dues and fees and related expenses but	20392
nothing in this section prohibits the board from using receipts	20393
from hospital operation, other than tax funds, for the payment of	20394
such dues and fees.	20395

(J) The following apply to the board of county hospital	20396
trustees in relation to its employees and the employees of the	20397
county hospital:	20398

(1) The board shall adopt the wage and salary schedule for	20399
employees.	20400

(2) The board may employ the hospital's administrator	20401
pursuant to section 339.07 of the Revised Code, and the	20402
administrator may employ individuals for the hospital in	20403
accordance with that section.	20404

(3) The board may employ assistants as necessary to perform	20405
its clerical work, superintend properly the construction of the	20406
county hospital, and pay the hospital's expenses. Such employees	20407
may be paid from funds provided for the county hospital.	20408

(4) The board may hire, by contract or as salaried employees,	20409
such management consultants, accountants, attorneys, engineers,	20410
architects, construction managers, and other professional advisors	20411
as it determines are necessary and desirable to assist in the	20412
management of the programs and operation of the county hospital.	20413
Such professional advisors may be paid from county hospital	20414
operating funds.	20415

(5) Notwithstanding section 325.19 of the Revised Code, the	20416
board may grant to employees any fringe benefits the board	20417
determines to be customary and usual in the nonprofit hospital	20418
field in its community, including, but not limited to:	20419

(a) Additional vacation leave with full pay for full-time	20420
employees, including full-time hourly rate employees, after	20421
service of one year;	20422

(b) Vacation leave and holiday pay for part-time employees on	20423
a pro rata basis;	20424

(c) Leave with full pay due to death in the employee's	20425
immediate family, which shall not be deducted from the employee's	20426
accumulated sick leave;	20427

(d) Premium pay for working on holidays listed in section	20428
325.19 of the Revised Code;	20429

(e) Moving expenses for new employees;

20430

(f) Discounts on hospital supplies and services.

20431

(6) The board may provide holiday leave by observing Martin	20432
Luther King day, Washington-Lincoln day, Columbus day, and	20433
Veterans' day on days other than those specified in section 1.14	20434
of the Revised Code.	20435

(7) The board may grant to employees the insurance benefits	20436
authorized by section 339.16 of the Revised Code.	20437

(8) Notwithstanding section 325.19 of the Revised Code, the	20438
board may grant to employees, including hourly rate employees,	20439
such personal holidays as the board determines to be customary and	20440
usual in the hospital field in its community.	20441

(9) The board may provide employee recognition awards and	20442
hold employee recognition dinners.	20443

(10) The board may grant to employees the recruitment and	20444
retention benefits specified under division (K) of this section.	20445

(K) Notwithstanding sections 325.191 and 325.20 of the	20446
Revised Code, the board of county hospital trustees may provide,	20447
without the prior authorization of the board of county	20448
commissioners, scholarships for education in the health care	20449
professions, tuition reimbursement, and other staff development	20450
programs to enhance the skills of health care professionals for	20451
the purpose of recruiting or retaining qualified employees.	20452

The board of county hospital trustees may pay reasonable	20453
expenses for recruiting or retaining physicians and other	20454
appropriate health care practitioners.	20455

(L) The board of county hospital trustees may retain counsel	20456
and institute legal action in its own name for the collection of	20457
delinquent accounts. The board may also employ any other lawful	20458
means for the collection of delinquent accounts.	20459

Sec. 339.07. (A) The board of county hospital trustees shall	20460
provide for the administration of the county hospital by directly	20461
employing a hospital administrator or by entering into a contract	20462
for the management of the hospital under which an administrator is	20463
provided. When an administrator is employed directly, the board	20464
shall adopt a job description delineating the administrator's	20465
powers and duties and the board may pay the administrator's salary	20466
and other benefits from funds provided for the hospital.	20467

(B) During the construction and equipping of the hospital,	20468
the administrator shall act in an advisory capacity to the board	20469
of county hospital trustees. After the hospital is completed, the	20470
administrator shall serve as the chief executive officer and shall	20471
carry out the administration of the county hospital according to	20472
the policies set forth by the board and any written delegation.	20473

The administrator shall administer the county hospital, make	20474
reports, and take any other action that the administrator	20475
determines is necessary for the operation of the hospital.	20476

At the end of each fiscal year, the administrator shall	20477
submit to the board a complete financial statement showing the	20478
receipts, revenues, and expenditures in detail for the entire	20479
fiscal year.	20480

The administrator shall ensure that the hospital has such	20481
physicians, nurses, and other employees as are necessary for the	20482
proper care, control, and management of the county hospital and	20483
its patients. The physicians, nurses, and other employees may be	20484
suspended or removed by the administrator at any time the welfare	20485
of the hospital warrants suspension or removal. The administrator	20486
may obtain physicians, nurses, and other employees by direct	20487
employment, entering into contracts, or granting authority to	20488
practice in the hospital. Persons employed directly shall be in	20489
the unclassified civil service, pursuant to section 124.11 of the	20490
Revised Code.	20491

Sec. 340.01. (A) As used in this chapter, "addiction,"	20492
"addiction services," "alcohol and drug addiction services," ~~and~~	20493
"community addiction services provider," "community mental health	20494
services provider," "~~alcohol and drug addiction programs~~gambling	20495
addiction services," "mental health services," and "mental	20496
illness" have the same meanings as in section ~~3793.01~~5119.01 of	20497
the Revised Code.	20498

(B) An alcohol, drug addiction, and mental health service	20499
district shall be established in any county or combination of	20500
counties having a population of at least fifty thousand to provide	20501
~~alcohol and drug~~ addiction services and mental health services.	20502
With the approval of the ~~directors~~director of ~~mental health and~~	20503
~~alcohol and drug addiction services~~mental health and addiction	20504
services, any county or combination of counties having a	20505
population of less than fifty thousand may establish such a	20506
district. Districts comprising more than one county shall be known	20507
as joint-county districts.	20508

The board of county commissioners of any county participating	20509
in a joint-county district may submit a resolution requesting	20510
withdrawal from the district together with a comprehensive plan or	20511
plans that are in compliance with rules adopted by the director of	20512
~~mental health~~mental health and addiction services under ~~section~~	20513
~~5119.61~~section 5119.22 of the Revised Code ~~and rules adopted by~~	20514
~~the department of alcohol and drug addiction services under~~	20515
~~section 3793.05 of the Revised Code~~, and that provide for the	20516
equitable adjustment and division of all services, assets,	20517
property, debts, and obligations, if any, of the joint-county	20518
district to the board of alcohol, drug addiction, and mental	20519
health services, to the boards of county commissioners of each	20520
county in the district, and to the directors. No county	20521
participating in a joint-county service district may withdraw from	20522
the district without the consent of the ~~directors~~director of	20523
~~mental health and alcohol and drug addiction services~~mental	20524
health and addiction services nor earlier than one year after the	20525
submission of such resolution unless all of the participating	20526
counties agree to an earlier withdrawal. Any county withdrawing	20527
from a joint-county district shall continue to have levied against	20528
its tax list and duplicate any tax levied by the district during	20529
the period in which the county was a member of the district until	20530
such time as the levy expires or is renewed or replaced.	20531

Sec. 340.011. (A) This chapter shall be interpreted to	20532
accomplish all of the following:	20533

(1) Establish a unified system of treatment for mentally ill	20534
persons and persons with addictions;	20535

(2) Establish a community support system available for every	20536
alcohol, drug addiction, and mental health service district;	20537

(3) Protect the personal liberty of mentally ill persons so	20538
that they may be treated in the least restrictive environment;	20539

(4) Encourage the development of high quality, cost	20540
effective, and comprehensive services, including culturally	20541
sensitive services;	20542

(5) Foster the development of comprehensive community mental	20543
health services, based on recognized local needs, especially for	20544
severely mentally disabled children, adolescents, and adults;	20545

(6) Ensure that services provided meet minimum standards	20546
established by the director of ~~mental health or the department of~~	20547
~~alcohol and drug addiction services~~mental health and addiction	20548
services;	20549

(7) Promote the delivery of high quality and cost-effective	20550
~~alcohol and drug~~ addiction and mental health services;	20551

(8) Promote the participation of ~~consumers of~~persons	20552
receiving mental health services and ~~alcohol and drug~~ addiction	20553
services in the planning, delivery, and evaluation of these	20554
services.	20555

(B) Nothing in Chapter 340., ~~3793.,~~ 5119., or 5122. of the	20556
Revised Code shall be construed as requiring a board of county	20557
commissioners to provide resources beyond the total amount set	20558
forth in a ~~community~~budget and statement of services to be	20559
provided by the alcohol, drug addiction, and mental health ~~plan~~	20560
services board, as developed and submitted under section ~~340.03~~	20561
340.08 of the Revised Code~~, to provide the services listed in~~	20562
~~section 340.09 of the Revised Code, and nothing in those chapters~~	20563
~~shall be construed as requiring a board of county commissioners to~~	20564
~~provide resources beyond the total amount set forth in a plan for~~	20565
~~alcohol and drug addiction services, prepared and submitted in~~	20566
~~accordance with sections 340.033 and 3793.05 of the Revised Code,~~	20567
~~to provide alcohol and drug addiction services~~.	20568

Sec. 340.02. ~~As used in this section, "mental health~~	20569
~~professional" means a person who is qualified to work with~~	20570
~~mentally ill persons, pursuant to standards established by the~~	20571
~~director of mental health under section 5119.611 of the Revised~~	20572
~~Code.~~	20573

(A) For each alcohol, drug addiction, and mental health	20574
service district, there shall be appointed a board of alcohol,	20575
drug addiction, and mental health services consisting of eighteen	20576
members or fourteen members, at the election of the board. Not	20577
later than January 1, 2014, each board of alcohol, drug addiction,	20578
and mental health services shall notify the department of mental	20579
health and addiction services of its election to continue to	20580
operate as an eighteen-member board or to transition to operation	20581
as a fourteen-member board. The election shall be final. Failure	20582
to provide notice of its election to the department on or before	20583
January 1, 2014, shall constitute an election to continue to	20584
operate as an eighteen-member board. If an existing board provides	20585
timely notice of its election to transition to operate as a	20586
fourteen-member board, the number of board members may decline	20587
from eighteen to fourteen by attrition as current members' terms	20588
expire. However, the composition of the board must reflect the	20589
requirements set forth in this section for fourteen-member boards.	20590
~~Nine~~For all boards, half of the members shall be interested in	20591
mental health ~~programs and facilities~~services and ~~nine other~~	20592
half of the members shall be interested in alcohol or, drug, or	20593
gambling addiction ~~programs~~services. All members shall be	20594
residents of the service district. The membership shall, as nearly	20595
as possible, reflect the composition of the population of the	20596
service district as to race and sex.	20597

~~The~~(B) For boards operating as eighteen-member boards, the	20598
director of ~~mental health~~mental health and addiction services	20599
shall appoint ~~four~~eight members of the board~~, the director of~~	20600
~~alcohol and drug addiction services shall appoint four members,~~	20601
and the board of county commissioners shall appoint ten members.	20602
For boards operating as fourteen-member boards, the director of	20603
mental health and addiction services shall appoint six members of	20604
the board and the board of county commissioners shall appoint	20605
eight members. In a joint-county district, the county	20606
commissioners of each participating county shall appoint members	20607
in as nearly as possible the same proportion as that county's	20608
population bears to the total population of the district, except	20609
that at least one member shall be appointed from each	20610
participating county.	20611

(C) The director of ~~mental health~~mental health and addiction	20612
services shall ensure that at least one member of the board is a	20613
~~psychiatrist and one member of the board is a mental health~~	20614
~~professional. If the appointment of a psychiatrist is not~~	20615
~~possible, as determined under rules adopted by the director, a~~	20616
~~licensed physician may be appointed in place of the psychiatrist.~~	20617
~~If the appointment of a licensed physician is not possible, the~~	20618
~~director of mental health may waive the requirement that the~~	20619
~~psychiatrist or licensed physician be a resident of the service~~	20620
~~district and appoint a psychiatrist or licensed physician from a~~	20621
~~contiguous county. The director of mental health shall ensure that~~	20622
clinician with experience in the delivery of mental health	20623
services, at least one member of the board is a person who has	20624
received or is receiving mental health services paid for by public	20625
funds ~~and~~, at least one member of the board is a parent or other	20626
relative of such a person.	20627

~~The director of alcohol and drug addiction services shall~~	20628
~~ensure that at least one member of the board is a professional in~~	20629
~~the field of alcohol or drug addiction services and one member of~~	20630
~~the board is an advocate for persons receiving treatment for~~	20631
~~alcohol or drug addiction. Of the members appointed by the~~	20632
~~director of alcohol and drug addiction services~~, at least one	20633
member of the board is a clinician with experience in the delivery	20634
of addiction services, at least one ~~shall be~~member of the board	20635
is a person who has received or is receiving ~~services for alcohol~~	20636
~~or drug~~ addiction services paid for by public funds, and at least	20637
one ~~shall be~~member of the board is a parent or other relative of	20638
such a person. A single member who meets both qualifications may	20639
fulfill the requirement for a clinician with experience in the	20640
delivery of mental health services and a clinician with experience	20641
in the delivery of addiction services.	20642

(D) No member or employee of a board of alcohol, drug	20643
addiction, and mental health services shall serve as a member of	20644
the board of any ~~agency~~provider with which the board of alcohol,	20645
drug addiction, and mental health services has entered into a	20646
contract for the provision of services or facilities. No member of	20647
a board of alcohol, drug addiction, and mental health services	20648
shall be an employee of any ~~agency~~provider with which the board	20649
has entered into a contract for the provision of services or	20650
facilities~~, unless the board member's employment duties with the~~	20651
~~agency consist of providing, only outside the district the board~~	20652
~~serves, services for which the medicaid program pays~~. No person	20653
shall be an employee of a board and such ~~an agency~~a provider	20654
unless the board and ~~agency~~provider both agree in writing.	20655

(E) No person shall serve as a member of the board of	20656
alcohol, drug addiction, and mental health services whose spouse,	20657
child, parent, brother, sister, grandchild, stepparent, stepchild,	20658
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	20659
daughter-in-law, brother-in-law, or sister-in-law serves as a	20660
member of the board of any ~~agency~~provider with which the board of	20661
alcohol, drug addiction, and mental health services has entered	20662
into a contract for the provision of services or facilities. No	20663
person shall serve as a member or employee of the board whose	20664
spouse, child, parent, brother, sister, stepparent, stepchild,	20665
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	20666
daughter-in-law, brother-in-law, or sister-in-law serves as a	20667
county commissioner of a county or counties in the alcohol, drug	20668
addiction, and mental health service district.	20669

(F) Each year each board member shall attend at least one	20670
inservice training session provided or approved by the department	20671
of ~~mental health or the department of alcohol and drug addiction~~	20672
~~services~~mental health and addiction services. ~~Such training~~	20673
~~sessions shall not be considered to be regularly scheduled~~	20674
~~meetings of the board.~~	20675

~~Each~~(G) For boards operating as eighteen-member boards, each	20676
member shall be appointed for a term of four years, commencing the	20677
first day of July, except that one-third of initial appointments	20678
to a newly established board, and to the extent possible to	20679
expanded boards, shall be for terms of two years, one-third of	20680
initial appointments shall be for terms of three years, and	20681
one-third of initial appointments shall be for terms of four	20682
years. For boards operating as fourteen-member boards, each member	20683
shall be appointed for a term of four years, commencing the first	20684
day of July, except that four of the initial appointments to a	20685
newly established board, and to the extent possible to expanded	20686
boards, shall be for terms of two years, five initial appointments	20687
shall be for terms of three years, and five initial appointments	20688
shall be for terms of four years. No member shall serve more than	20689
two consecutive four-year terms under the same appointing	20690
authority. A member may serve for three consecutive terms under	20691
the same appointing authority only if one of the terms is for less	20692
than two years. A member who has served two consecutive four-year	20693
terms or three consecutive terms totaling less than ten years is	20694
eligible for reappointment by the same appointing authority one	20695
year following the end of the second or third term, respectively.	20696

When a vacancy occurs, appointment for the expired or	20697
unexpired term shall be made in the same manner as an original	20698
appointment. The appointing authority shall be notified by	20699
certified mail of any vacancy and shall fill the vacancy within	20700
sixty days following that notice.	20701

Any member of the board may be removed from office by the	20702
appointing authority for neglect of duty, misconduct, or	20703
malfeasance in office, and shall be removed by the appointing	20704
authority if the member is barred by this section from serving as	20705
a board member. The member shall be informed in writing of the	20706
charges and afforded an opportunity for a hearing. Upon the	20707
absence of a member within one year from either four board	20708
meetings or from two board meetings without prior notice, the	20709
board shall notify the appointing authority, which may vacate the	20710
appointment and appoint another person to complete the member's	20711
term.	20712

Members of the board shall serve without compensation, but	20713
shall be reimbursed for actual and necessary expenses incurred in	20714
the performance of their official duties, as defined by rules of	20715
the ~~departments~~department of ~~mental health and alcohol and drug~~	20716
~~addiction services~~mental health and addiction services.	20717

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	20718
health service district ~~comprised of a county with a population of~~	20719
~~two hundred fifty thousand or more on October 10, 1989, the board~~	20720
~~of county commissioners shall, within thirty days of October 10,~~	20721
~~1989, establish an alcohol and drug addiction services board as~~	20722
~~the entity responsible for providing alcohol and drug addiction~~	20723
~~services in the county, unless, prior to that date, the board~~	20724
~~adopts a resolution providing that the entity responsible for~~	20725
~~providing the services is a board of alcohol, drug addiction, and~~	20726
~~mental health services. If~~where the board of county commissioners	20727
~~establishes~~has established an alcohol and drug addiction services	20728
board, the community mental health board established under former	20729
section 340.02 of the Revised Code shall serve as the entity	20730
responsible for providing mental health services in the county. A	20731
community mental health board has all the powers, duties, and	20732
obligations of a board of alcohol, drug addiction, and mental	20733
health services with regard to mental health services. An alcohol	20734
and drug addiction services board has all the powers, duties, and	20735
obligations of a board of alcohol, drug addiction, and mental	20736
health services with regard to ~~alcohol and drug~~ addiction	20737
services. Any provision of the Revised Code that refers to a	20738
board of alcohol, drug addiction, and mental health services with	20739
regard to mental health services also refers to a community mental	20740
health board and any provision that refers to a board of alcohol,	20741
drug addiction, and mental health services with regard to alcohol	20742
and drug addiction services also refers to an alcohol and drug	20743
addiction services board.	20744

An alcohol and drug addiction services board shall consist of	20745
eighteen members or fourteen members, ~~six of whom~~at the election	20746
of the board. Not later than January 1, 2014, each alcohol and	20747
drug addiction services board shall notify the department of	20748
mental health and addiction services of its election to operate as	20749
an eighteen-member board or to operate as a fourteen-member board.	20750
The election shall be final. Failure to provide notice of its	20751
election to the department on or before January 1, 2014, shall	20752
constitute an election to continue to operate as an	20753
eighteen-member board. If an existing board provides timely notice	20754
of its election to operate as a fourteen-member board, the number	20755
of board members may decline from eighteen to fourteen by	20756
attrition as current members' terms expire. However, the	20757
composition of the board must reflect the requirements set forth	20758
in this section and in applicable provisions of section 340.02 of	20759
the Revised Code for fourteen-member boards. For boards operating	20760
as eighteen-member boards, eight members shall be appointed by the	20761
director of ~~alcohol and drug addiction services~~mental health and	20762
addiction services and ~~twelve of whom~~ten members shall be	20763
appointed by the board of county commissioners. ~~Of the members~~	20764
~~appointed by the~~The director~~, one shall be~~of mental health and	20765
addiction services shall ensure that at least one member of the	20766
board is a person who has received or is receiving services for	20767
alcohol or, drug, or gambling addiction, at least one ~~shall be~~	20768
member is a parent or relative of such a person, and at least one	20769
~~shall be~~member is a ~~professional in the field of alcohol or drug~~	20770
clinician with experience in the delivery of addiction services,	20771
~~and one shall be an advocate for persons receiving treatment for~~	20772
~~alcohol or drug addiction~~. The membership of the board shall, as	20773
nearly as possible, reflect the composition of the population of	20774
the service district as to race and sex. Members shall be	20775
residents of the service district and shall be interested in	20776
alcohol ~~and~~, drug, or gambling addiction services. Requirements	20777
for membership, including prohibitions against certain family and	20778
business relationships, and terms of office shall be the same as	20779
those for members of boards of alcohol, drug addiction, and mental	20780
health services.	20781

A community mental health board shall consist of eighteen	20782
members or fourteen members, at the election of the board. Not	20783
later than January 1, 2014, each community mental health board	20784
shall notify the department of mental health and addiction	20785
services of its election to operate as an eighteen-member board or	20786
to operate as a fourteen-member board. The election shall be	20787
final. Failure to provide notice of its election to the department	20788
on or before January 1, 2014, shall constitute an election to	20789
continue to operate as an eighteen-member board. If an existing	20790
board provides timely notice of its election to operate as a	20791
fourteen-member board, the number of board members may decline	20792
from eighteen to fourteen by attrition as current members' terms	20793
expire. However, the composition of the board must reflect the	20794
requirements set forth in this section and in applicable	20795
provisions of section 340.02 of the Revised Code for	20796
fourteen-member boards. For boards operating as eighteen-member	20797
boards, ~~six of whom~~eight members shall be appointed by the	20798
director of ~~mental health~~mental health and addiction services and	20799
~~twelve of whom~~ten members shall be appointed by the board of	20800
county commissioners. ~~Of the members appointed by the~~The	20801
director~~, one shall be~~of mental health and addiction services	20802
shall ensure that at least one member of the board is a person who	20803
has received or is receiving mental health services, at least one	20804
~~shall be~~member is a parent or relative of such a person, and at	20805
least one ~~shall be~~member is a ~~psychiatrist or a physician, and~~	20806
~~one shall be a~~clinician with experience in the delivery of	20807
mental health ~~professional~~services. The membership of the board	20808
as nearly as possible shall reflect the composition of the	20809
population of the service district as to race and sex. Members	20810
shall be residents of the service district and shall be interested	20811
in mental health services. Requirements for membership, including	20812
prohibitions against certain family and business relationships,	20813
and terms of office shall be the same as those for members of	20814
boards of alcohol, drug addiction, and mental health services.	20815

(B) ~~If a board of county commissioners subject to division~~	20816
~~(A) of this section did not adopt a resolution providing for a~~	20817
~~board of alcohol, drug addiction, and mental health services, the~~	20818
~~board of county commissioners may establish such a board in~~	20819
~~accordance with the following procedures:~~	20820

~~(1) Not later than January 1, 2007, the board of county~~	20821
~~commissioners shall adopt a resolution expressing its intent to~~	20822
~~establish a board of alcohol, drug addiction, and mental health~~	20823
~~services.~~	20824

~~(2) After adopting a resolution under division (B)(1) of this~~	20825
~~section, the board of county commissioners shall instruct the~~	20826
~~county's community mental health board and alcohol and drug~~	20827
~~addiction services board to prepare a report on the feasibility,~~	20828
~~process, and proposed plan to establish a board of alcohol, drug~~	20829
~~addiction, and mental health services. The board of county~~	20830
~~commissioners shall specify the date by which the report must be~~	20831
~~submitted to the board for its review.~~	20832

~~(3) After reviewing the report prepared under division (B)(2)~~	20833
~~of this section, the board may adopt a final resolution~~	20834
~~establishing a board of alcohol, drug addiction, and mental health~~	20835
~~services. A final resolution establishing such a board shall be~~	20836
~~adopted not later than July 1, 2007.~~	20837

~~(C)~~(1) If a board of county commissioners subject to division	20838
(A) of this section did not adopt a final resolution providing for	20839
a board of alcohol, drug addiction, and mental health services ~~and~~	20840
~~did not establish such a board under division (B) of this section~~	20841
on or before July 1, 2007, the board of county commissioners may	20842
establish a board of alcohol, drug addiction, and mental health	20843
services on or after the effective date of this amendment. To	20844
establish the board, the board of county commissioners shall adopt	20845
a resolution providing for the board's establishment. The	20846
composition of the board, the procedures for appointing members,	20847
and all other matters related to the board and its members are	20848
subject to section 340.02 of the Revised Code, with the following	20849
exceptions:	20850

(a) For initial appointments to the board, the county's	20851
community mental health board and alcohol and drug addiction	20852
services board shall jointly recommend members of those boards for	20853
reappointment and shall submit the recommendations to the board of	20854
county commissioners~~, director of mental health,~~ and the director	20855
of ~~alcohol and drug addiction services~~mental health and addiction	20856
services.	20857

(b) To the greatest extent possible, the appointing	20858
authorities shall appoint the initial members from among the	20859
members jointly recommended under division ~~(C)~~(B)(1)(a) of this	20860
section.	20861

(2) If a board of alcohol, drug addiction, and mental health	20862
services is established pursuant to division ~~(C)~~(B)(1) of this	20863
section, the board has the same rights, privileges, immunities,	20864
powers, and duties that were possessed by the county's community	20865
mental health board and alcohol and drug addiction services board.	20866
When the board is established, all property and obligations of the	20867
community mental health board and alcohol and drug addiction	20868
services board shall be transferred to the board of alcohol, drug	20869
addiction, and mental health services.	20870

Sec. 340.03. (A) Subject to rules issued by the director of	20871
~~mental health~~mental health and addiction services after	20872
consultation with relevant constituencies as required by division	20873
~~(L)~~(A)(10) of section ~~5119.06~~5119.21 of the Revised Code, ~~with~~	20874
~~regard to mental health services,~~ the board of alcohol, drug	20875
addiction, and mental health services shall:	20876

(1) Serve as the community addiction and mental health	20877
services planning agency for the county or counties under its	20878
jurisdiction, and in so doing it shall:	20879

(a) Evaluate the need for facilities and community addiction	20880
and mental health services;	20881

(b) In cooperation with other local and regional planning and	20882
funding bodies and with relevant ethnic organizations, assess the	20883
community addiction and mental health needs, evaluate strengths	20884
and challenges, and set priorities~~, and develop plans~~ for ~~the~~	20885
~~operation of facilities and~~ community addiction and mental health	20886
services, including treatment and prevention. When the board sets	20887
priorities for the operation of addiction services, the board	20888
shall consult with the county commissioners of the counties in the	20889
board's service district regarding the services described in	20890
section 340.15 of the Revised Code and shall give priority to	20891
those services, except that those services shall not have a	20892
priority over services provided to pregnant women under programs	20893
developed in relation to the mandate established in section	20894
5119.17 of the Revised Code;	20895

(c) In accordance with guidelines issued by the director of	20896
~~mental health~~mental health and addiction services after	20897
consultation with board representatives, annually develop and	20898
submit to the department of ~~mental health~~mental health and	20899
addiction services a community addiction and mental health	20900
services plan listing community addiction and mental health	20901
services needs, including the needs of all residents of the	20902
district ~~now residing in state mental institutions and severely~~	20903
~~mentally disabled adults, children, and adolescents;~~currently	20904
receiving inpatient services in state-operated hospitals, the	20905
needs of other populations as required by state or federal law or	20906
programs, the needs of all children subject to a determination	20907
made pursuant to section 121.38 of the Revised Code;, and ~~all the~~	20908
priorities for facilities and community addiction and mental	20909
health services ~~that are or will be in operation or provided~~	20910
during the period for which the plan will be in ~~operation in the~~	20911
~~service district to meet such needs~~effect.	20912

In alcohol, drug addiction, and mental health service	20913
districts that have separate alcohol and drug addiction services	20914
and community mental health boards, the alcohol and drug addiction	20915
services board shall submit a community addiction services plan	20916
and the community mental health board shall submit a community	20917
mental health services plan. Each board shall consult with its	20918
counterpart in developing its plan and address the interaction	20919
between the local addiction services and mental health services	20920
systems and populations with regard to needs and priorities in	20921
developing its plan.	20922

~~The plan shall include, but not be limited to, a statement of~~	20923
~~which of the services listed in section 340.09 of the Revised Code~~	20924
~~the board intends to make available. The board must include crisis~~	20925
~~intervention services for individuals in an emergency situation in~~	20926
~~the plan and explain how the board intends to make such services~~	20927
~~available. The plan must also include a statement of the inpatient~~	20928
~~and community-based services the board proposes that the~~	20929
~~department operate, an assessment of the number and types of~~	20930
~~residential facilities needed, such other information as the~~	20931
~~department requests, and a budget for moneys the board expects to~~	20932
~~receive.~~ The department shall approve or disapprove the plan, in	20933
whole or in part, according to the criteria developed pursuant to	20934
section ~~5119.61~~5119.22 of the Revised Code. ~~The department's~~	20935
~~statement of approval or disapproval shall specify the inpatient~~	20936
~~and the community-based services that the department will operate~~	20937
~~for the board.~~ Eligibility for state and federal funding shall be	20938
contingent upon an approved plan or relevant part of a plan.	20939

If a board determines that it is necessary to amend a plan or	20940
~~an allocation request~~ that has been approved under this division	20941
~~(A)(1)(c) of this section~~, the board shall submit a proposed	20942
amendment to the director. The director may approve or disapprove	20943
all or part of the amendment. The director shall inform the board	20944
of the reasons for disapproval of all or part of an amendment and	20945
of the criteria that must be met before the amendment may be	20946
approved. The director shall provide the board an opportunity to	20947
present its case on behalf of the amendment. The director shall	20948
give the board a reasonable time in which to meet the criteria,	20949
and shall offer the board technical assistance to help it meet the	20950
criteria.	20951

The board shall ~~implement~~operate in accordance with the plan	20952
approved by the department.	20953

(d) Promote, arrange, and implement working agreements with	20954
social agencies, both public and private, and with judicial	20955
agencies.	20956

(2) Investigate, or request another agency to investigate,	20957
any complaint alleging abuse or neglect of any person receiving	20958
services from a community addiction or mental health ~~agency as~~	20959
~~defined in section 5122.01 of the Revised Code~~services provider	20960
certified under section 5119.36 of the Revised Code or alleging	20961
abuse or neglect of a ~~person~~resident receiving addiction services	20962
or with mental illness or severe mental disability residing in a	20963
residential facility licensed under section ~~5119.22~~5119.34 of the	20964
Revised Code. If the investigation substantiates the charge of	20965
abuse or neglect, the board shall take whatever action it	20966
determines is necessary to correct the situation, including	20967
notification of the appropriate authorities. Upon request, the	20968
board shall provide information about such investigations to the	20969
department.	20970

(3) For the purpose of section ~~5119.611~~5119.36 of the	20971
Revised Code, cooperate with the director of ~~mental health~~mental	20972
health and addiction services in visiting and evaluating whether	20973
the services of a community addiction or mental health ~~agency~~	20974
services provider satisfy the certification standards established	20975
by rules adopted under that section;	20976

(4) In accordance with criteria established under division	20977
(E) of section ~~5119.61~~5119.22 of the Revised Code, conduct	20978
program audits that review and evaluate the quality,	20979
effectiveness, and efficiency of services provided through its	20980
community addiction and mental health ~~plan~~contracted services and	20981
submit its findings and recommendations to the department of	20982
~~mental health~~mental health and addiction services;	20983

(5) In accordance with section ~~5119.22~~5119.34 of the Revised	20984
Code, review an application for a residential facility license and	20985
provide to the department of ~~mental health~~mental health and	20986
addiction services any information about the applicant or facility	20987
that the board would like the department to consider in reviewing	20988
the application;	20989

(6) Audit, in accordance with rules adopted by the auditor of	20990
state pursuant to section 117.20 of the Revised Code, at least	20991
annually all ~~programs and~~ services provided under contract with	20992
the board. In so doing, the board may contract for or employ the	20993
services of private auditors. A copy of the fiscal audit report	20994
shall be provided to the director of ~~mental health~~mental health	20995
and addiction services, the auditor of state, and the county	20996
auditor of each county in the board's district.	20997

(7) Recruit and promote local financial support for addiction	20998
and mental health ~~programs~~services from private and public	20999
sources;	21000

(8)(a) Enter into contracts with public and private	21001
facilities for the operation of facility services ~~included in the~~	21002
~~board's community mental health plan~~ and enter into contracts with	21003
public and private community addiction and mental health ~~agencies~~	21004
service providers for the provision of community addiction and	21005
mental health services ~~that are listed in section 340.09 of the~~	21006
~~Revised Code and included in the board's community mental health~~	21007
~~plan~~. The board may not contract with a residential facility	21008
subject to section 5119.34 of the Revised Code unless the facility	21009
is licensed by the director of mental health and addiction	21010
services and may not contract with a community addiction or mental	21011
health ~~agency~~services provider to provide community addiction or	21012
mental health services ~~included in the board's community mental~~	21013
~~health plan~~ unless the services are certified by the director of	21014
~~mental health~~mental health and addiction services under section	21015
~~5119.611~~5119.36 of the Revised Code. Section 307.86 of the	21016
Revised Code does not apply to contracts entered into under this	21017
division. In contracting with a community addiction or mental	21018
health ~~agency~~services provider, a board shall consider the cost	21019
effectiveness of services provided by that ~~agency~~provider and	21020
the quality and continuity of care, and may review cost elements,	21021
including salary costs, of the services to be provided. A	21022
utilization review process ~~shall~~may be established as part of the	21023
contract for services entered into between a board and a community	21024
addiction or mental health ~~agency~~services provider. The board	21025
may establish this process in a way that is most effective and	21026
efficient in meeting local needs. ~~Until July 1, 2012, a contract~~	21027
~~with a community mental health agency or facility, as defined in~~	21028
~~section 5111.023 of the Revised Code, to provide services listed~~	21029
~~in division (B) of that section shall provide for the agency or~~	21030
~~facility to be paid in accordance with the contract entered into~~	21031
~~between the departments of job and family services and mental~~	21032
~~health under section 5111.91 of the Revised Code and any rules~~	21033
~~adopted under division (A) of section 5119.61 of the Revised Code.~~	21034

If either the board or a facility or community addiction or	21035
mental health ~~agency~~services provider with which the board	21036
contracts under this division ~~(A)(8)(a) of this section~~ proposes	21037
not to renew the contract or proposes substantial changes in	21038
contract terms, the other party shall be given written notice at	21039
least one hundred twenty days before the expiration date of the	21040
contract. During the first sixty days of this one hundred	21041
twenty-day period, both parties shall attempt to resolve any	21042
dispute through good faith collaboration and negotiation in order	21043
to continue to provide services to persons in need. If the dispute	21044
has not been resolved sixty days before the expiration date of the	21045
contract, either party may notify the department of ~~mental health~~	21046
mental health and addiction services of the unresolved dispute.	21047
The director may require both parties to submit the dispute to a	21048
third party with the cost to be shared by the board and the	21049
facility or ~~community mental health agency~~provider. The third	21050
party shall issue to the board, the facility or ~~agency~~provider,	21051
and the department recommendations on how the dispute may be	21052
resolved twenty days prior to the expiration date of the contract,	21053
unless both parties agree to a time extension. The director shall	21054
adopt rules establishing the procedures of this dispute resolution	21055
process.	21056

(b) With the prior approval of the director of ~~mental health~~	21057
mental health and addiction services, a board may operate a	21058
facility or provide a community addiction or mental health service	21059
as follows, if there is no other qualified private or public	21060
facility or community addiction or mental health ~~agency~~services	21061
provider that is immediately available and willing to operate such	21062
a facility or provide the service:	21063

(i) In an emergency situation, any board may operate a	21064
facility or provide a community addiction or mental health service	21065
in order to provide essential services for the duration of the	21066
emergency;	21067

(ii) In a service district with a population of at least one	21068
hundred thousand but less than five hundred thousand, a board may	21069
operate a facility or provide a community addiction or mental	21070
health service for no longer than one year;	21071

(iii) In a service district with a population of less than	21072
one hundred thousand, a board may operate a facility or provide a	21073
community addiction or mental health service for no longer than	21074
one year, except that such a board may operate a facility or	21075
provide a community addiction or mental health service for more	21076
than one year with the prior approval of the director and the	21077
prior approval of the board of county commissioners, or of a	21078
majority of the boards of county commissioners if the district is	21079
a joint-county district.	21080

The director shall not give a board approval to operate a	21081
facility or provide a community addiction or mental health service	21082
under division (A)(8)(b)(ii) or (iii) of this section unless the	21083
director determines that it is not feasible to have the department	21084
operate the facility or provide the service.	21085

The director shall not give a board approval to operate a	21086
facility or provide a community addiction or mental health service	21087
under division (A)(8)(b)(iii) of this section unless the director	21088
determines that the board will provide greater administrative	21089
efficiency and more or better services than would be available if	21090
the board contracted with a private or public facility or	21091
community addiction or mental health ~~agency~~services provider.	21092

The director shall not give a board approval to operate a	21093
facility previously operated by a person or other government	21094
entity unless the board has established to the director's	21095
satisfaction that the person or other government entity cannot	21096
effectively operate the facility or that the person or other	21097
government entity has requested the board to take over operation	21098
of the facility. The director shall not give a board approval to	21099
provide a community addiction or mental health service previously	21100
provided by a community addiction or mental health ~~agency~~services	21101
provider unless the board has established to the director's	21102
satisfaction that the ~~agency~~provider cannot effectively provide	21103
the service or that the ~~agency~~provider has requested the board	21104
take over providing the service.	21105

The director shall review and evaluate a board's operation of	21106
a facility and provision of community addiction or mental health	21107
service under division (A)(8)(b) of this section.	21108

Nothing in division (A)(8)(b) of this section authorizes a	21109
board to administer or direct the daily operation of any facility	21110
or community addiction or mental health ~~agency~~services provider,	21111
but a facility or ~~agency~~provider may contract with a board to	21112
receive administrative services or staff direction from the board	21113
under the direction of the governing body of the facility or	21114
~~agency~~provider.	21115

(9) Approve fee schedules and related charges or adopt a unit	21116
cost schedule or other methods of payment for contract services	21117
provided by community addiction or mental health ~~agencies~~services	21118
providers in accordance with guidelines issued by the department	21119
as necessary to comply with state and federal laws pertaining to	21120
financial assistance;	21121

(10) Submit to the director and the county commissioners of	21122
the county or counties served by the board, and make available to	21123
the public, an annual report of the ~~programs~~services under the	21124
jurisdiction of the board, including a fiscal accounting;	21125

(11) Establish, to the extent resources are available, a	21126
~~community support system~~continuum of care, which provides for	21127
prevention, treatment, support, and rehabilitation services and	21128
opportunities. The essential elements of the ~~system~~continuum	21129
include, but are not limited to, the following components in	21130
accordance with section ~~5119.06~~5119.21 of the Revised Code:	21131

(a) To locate persons in need of addiction or mental health	21132
services to inform them of available services and benefits	21133
~~mechanisms~~;	21134

(b) Assistance for ~~clients~~persons receiving services to	21135
obtain services necessary to meet basic human needs for food,	21136
clothing, shelter, medical care, personal safety, and income;	21137

(c) ~~Mental~~Addiction and mental health ~~care~~services,	21138
including, but not limited to, outpatient, residential, partial	21139
hospitalization, and, where appropriate, inpatient care;	21140

(d) Emergency services and crisis intervention;

21141

(e) Assistance for ~~clients~~persons receiving services to	21142
obtain vocational services and opportunities for jobs;	21143

(f) The provision of services designed to develop social,	21144
community, and personal living skills;	21145

(g) Access to a wide range of housing and the provision of	21146
residential treatment and support;	21147

(h) Support, assistance, consultation, and education for	21148
families, friends, ~~consumers of~~persons receiving addiction or	21149
mental health services, and others;	21150

(i) Recognition and encouragement of families, friends,	21151
neighborhood networks, especially networks that include racial and	21152
ethnic minorities, churches, community organizations, and	21153
~~meaningful~~community employment as natural supports for ~~consumers~~	21154
ofpersons receiving addiction or mental health services;	21155

(j) Grievance procedures and protection of the rights of	21156
~~consumers of~~persons receiving addiction or mental health	21157
services;	21158

(k) ~~Case management~~Community psychiatric supportive	21159
treatment services, which includes continual individualized	21160
assistance and advocacy to ensure that needed services are offered	21161
and procured.	21162

(12) Establish a method for evaluating referrals for	21163
involuntary commitment and affidavits filed pursuant to section	21164
5122.11 of the Revised Code in order to assist the probate	21165
division of the court of common pleas in determining whether there	21166
is probable cause that a respondent is subject to involuntary	21167
hospitalization and what alternative treatment is available and	21168
appropriate, if any;	21169

(13) Designate the treatment ~~program~~services, ~~agency~~	21170
provider, or facility, or other placement for each person	21171
involuntarily committed to the board pursuant to Chapter 5122. of	21172
the Revised Code ~~and authorize payment for such treatment~~. The	21173
board shall provide the least restrictive and most appropriate	21174
alternative that is available for any person involuntarily	21175
committed to it and shall assure that the listed services ~~listed~~	21176
insubmitted and approved in accordance with division (B) of	21177
section ~~340.09~~340.08 of the Revised Code are available to	21178
severely mentally disabled persons residing within its service	21179
district. The board shall establish the procedure for authorizing	21180
payment for services, which may include prior authorization in	21181
appropriate circumstances. The board may provide for services	21182
directly to a severely mentally disabled person when life or	21183
safety is endangered and when no community mental health ~~agency~~	21184
services provider is available to provide the service.	21185

~~(13) Establish a method for evaluating referrals for~~	21186
~~involuntary commitment and affidavits filed pursuant to section~~	21187
~~5122.11 of the Revised Code in order to assist the probate~~	21188
~~division of the court of common pleas in determining whether there~~	21189
~~is probable cause that a respondent is subject to involuntary~~	21190
~~hospitalization and what alternative treatment is available and~~	21191
~~appropriate, if any;~~	21192

(14) Ensure that apartments or rooms built, subsidized,	21193
renovated, rented, owned, or leased by the board or a community	21194
addiction or mental health ~~agency~~services provider have been	21195
approved as meeting minimum fire safety standards and that persons	21196
residing in the rooms or apartments are receiving appropriate and	21197
necessary services, including culturally relevant services, from a	21198
community addiction or mental health ~~agency~~services provider.	21199
This division does not apply to residential facilities licensed	21200
pursuant to section ~~5119.22~~5119.34 of the Revised Code.	21201

(15) Establish a mechanism for obtaining advice and	21202
involvement of ~~consumer recommendation and advice~~persons	21203
receiving publicly funded addiction or mental health services on	21204
matters pertaining to addiction and mental health services in the	21205
alcohol, drug addiction, and mental health service district;	21206

(16) Perform the duties required by rules adopted under	21207
section ~~5119.61~~5119.22 of the Revised Code regarding referrals by	21208
the board or mental health ~~agencies~~services providers under	21209
contract with the board of individuals with mental illness or	21210
severe mental disability to residential facilities as defined in	21211
division (A)(9)(b)(iii) of section ~~5119.22~~5119.34 of the Revised	21212
Code and effective arrangements for ongoing mental health services	21213
for the individuals. The board is accountable in the manner	21214
specified in the rules for ensuring that the ongoing mental health	21215
services are effectively arranged for the individuals.	21216

(B) The board shall establish such rules, operating	21217
procedures, standards, and bylaws, and perform such other duties	21218
as may be necessary or proper to carry out the purposes of this	21219
chapter.	21220

(C) A board of alcohol, drug addiction, and mental health	21221
services may receive by gift, grant, devise, or bequest any	21222
moneys, lands, or property for the benefit of the purposes for	21223
which the board is established, and may hold and apply it	21224
according to the terms of the gift, grant, or bequest. All money	21225
received, including accrued interest, by gift, grant, or bequest	21226
shall be deposited in the treasury of the county, the treasurer of	21227
which is custodian of the alcohol, drug addiction, and mental	21228
health services funds to the credit of the board and shall be	21229
available for use by the board for purposes stated by the donor or	21230
grantor.	21231

(D) No board member or employee of a board of alcohol, drug	21232
addiction, and mental health services shall be liable for injury	21233
or damages caused by any action or inaction taken within the scope	21234
of the board member's official duties or the employee's	21235
employment, whether or not such action or inaction is expressly	21236
authorized by this section~~, section 340.033,~~ or any other section	21237
of the Revised Code, unless such action or inaction constitutes	21238
willful or wanton misconduct. Chapter 2744. of the Revised Code	21239
applies to any action or inaction by a board member or employee of	21240
a board taken within the scope of the board member's official	21241
duties or employee's employment. For the purposes of this	21242
division, the conduct of a board member or employee shall not be	21243
considered willful or wanton misconduct if the board member or	21244
employee acted in good faith and in a manner that the board member	21245
or employee reasonably believed was in or was not opposed to the	21246
best interests of the board and, with respect to any criminal	21247
action or proceeding, had no reasonable cause to believe the	21248
conduct was unlawful.	21249

(E) The meetings held by any committee established by a board	21250
of alcohol, drug addiction, and mental health services shall be	21251
considered to be meetings of a public body subject to section	21252
121.22 of the Revised Code.	21253

Sec. 340.031. A board of alcohol, drug addiction, and mental	21254
health services may:	21255

(A) Inspect any residential facility licensed under section	21256
~~5119.22~~5119.34 of the Revised Code and located in its district,	21257
~~pursuant to a contract with the department of mental health~~;	21258

(B) Acquire, convey, lease, or enter into a contract to	21259
purchase, lease, or sell property for community addiction and	21260
mental health ~~and alcohol and drug addiction~~ services and related	21261
purposes, and enter into loan agreements, including mortgages, for	21262
the acquisition of such property.	21263

Sec. 340.032. The board of alcohol, drug addiction, and	21264
mental health services shall employ a qualified mental health or	21265
~~alcohol or drug~~ addiction services professional with experience in	21266
administration or a professional administrator with experience in	21267
mental health or ~~alcohol or drug~~ addiction services to serve as	21268
executive director of the board and shall prescribe the director's	21269
duties.	21270

The board shall fix the compensation of the executive	21271
director. In addition to such compensation, the director shall be	21272
reimbursed for actual and necessary expenses incurred in the	21273
performance of ~~his~~the director's official duties. The board, by	21274
majority vote of the full membership, may remove the director for	21275
cause, upon written charges, after an opportunity has been	21276
afforded ~~him~~the director for a hearing before the board on	21277
request.	21278

The board may delegate to its executive director the	21279
authority to act in its behalf in the performance of its	21280
administrative duties.	21281

As used in this section, "mental health professional" and	21282
"addiction services professional" mean an individual who is	21283
qualified to work with mentally ill persons or persons receiving	21284
addiction services, pursuant to standards established by the	21285
director of mental health and addiction services under Chapter	21286
5119. of the Revised Code.	21287

Sec. 340.04. In addition to such other duties as may be	21288
lawfully imposed, the executive director of a board of alcohol,	21289
drug addiction, and mental health services shall:	21290

(A) Serve as executive officer of the board and subject to	21291
the prior approval of the board for each contract, execute	21292
contracts on its behalf;	21293

(B) Supervise services and facilities provided, operated,	21294
contracted, or supported by the board to the extent of determining	21295
that ~~programs~~services and facilities are being administered in	21296
conformity with this chapter and rules of the director of ~~mental~~	21297
~~health and the department of~~ ~~alcohol and drug addiction services~~	21298
mental health and addiction services;	21299

(C) Provide consultation to ~~agencies, associations, or~~	21300
~~individuals~~addiction and mental health services providers	21301
providing services supported by the board;	21302

(D) Recommend to the board the changes necessary to increase	21303
the effectiveness of addiction and mental health services ~~and~~	21304
~~alcohol and drug addiction services~~ and other matters necessary or	21305
desirable to carry out this chapter;	21306

(E) Employ and remove from office such employees and	21307
consultants in the classified civil service and, subject to the	21308
approval of the board, employ and remove from office such other	21309
employees and consultants as may be necessary for the work of the	21310
board, and fix their compensation and reimbursement within the	21311
limits set by the salary schedule and the budget approved by the	21312
board;	21313

(F) Encourage the development and expansion of preventive,	21314
treatment, rehabilitative, and consultative ~~programs~~services in	21315
the field of addiction and mental health services with emphasis on	21316
continuity of care;	21317

(G) Prepare for board approval an annual report of the	21318
~~programs~~services and facilities under the jurisdiction of the	21319
board, including a fiscal accounting of all services;	21320

(H) Conduct such studies as may be necessary and practicable	21321
for the promotion of mental health, promotion of addiction	21322
services, and the prevention of mental illness, emotional	21323
disorders, and addiction ~~to alcohol and drugs~~;	21324

(I) Authorize the county auditor, or in a joint-county	21325
district the county auditor designated as the auditor for the	21326
district, to issue warrants for the payment of board obligations	21327
approved by the board, provided that all payments are in	21328
accordance with the ~~comprehensive community mental health plan~~	21329
budget submitted pursuant to section 340.08 of the Revised Code,	21330
as approved by the department of ~~mental health, or with the~~	21331
~~alcohol and drug addiction services plan as approved by the~~	21332
~~department of alcohol and drug addiction services~~mental health	21333
and addiction services.	21334

Sec. 340.05. A community addiction or mental health ~~agency~~	21335
services provider that receives a complaint alleging abuse or	21336
neglect of an individual with mental illness or severe mental	21337
disability, or an individual receiving addiction services, who	21338
resides in a residential facility as defined in division (A)(9)(b)	21339
of section ~~5119.22~~5119.34 of the Revised Code shall report the	21340
complaint to the board of alcohol, drug addiction, and mental	21341
health services serving the alcohol, drug addiction, and mental	21342
health service district in which the residential facility is	21343
located. A board of alcohol, drug addiction, and mental health	21344
services that receives such a complaint or a report from a	21345
community addiction or mental health ~~agency~~services provider of	21346
such a complaint shall report the complaint to the director of	21347
~~mental health~~mental health and addiction services for the	21348
purpose of the director conducting an investigation under section	21349
~~5119.22~~5119.34 of the Revised Code. The board may enter the	21350
facility with or without the director and, if the health and	21351
safety of a resident is in immediate danger, take any necessary	21352
action to protect the resident. The board's action shall not	21353
violate any resident's rights specified in rules adopted by the	21354
department of ~~mental health~~mental health and addiction services	21355
under section ~~5119.22~~5119.34 of the Revised Code. The board shall	21356
immediately report to the director regarding the board's actions	21357
under this section.	21358

Sec. 340.07. The board of county commissioners of any county	21359
participating in an alcohol, drug addiction, and mental health	21360
service district or joint-county district, upon receipt from the	21361
board of alcohol, drug addition, and mental health services of a	21362
resolution so requesting, may appropriate money to such board for	21363
the operation, lease, acquisition, construction, renovation, and	21364
maintenance of addiction or mental health services~~, programs,~~	21365
providers and facilities ~~for mentally ill and emotionally~~	21366
~~disturbed persons~~ in accordance with the comprehensive community	21367
addiction and mental health ~~plan or for alcohol and drug addiction~~	21368
~~programs in accordance with the alcohol and drug addiction~~	21369
~~services plan~~services budget approved by the department of mental	21370
health and addiction services pursuant to section 340.08 of the	21371
Revised Code.	21372

Sec. 340.08. In accordance with rules or guidelines issued	21373
by the director of mental health and addiction services, each	21374
board of alcohol, drug addiction, and mental health services shall	21375
do all of the following:	21376

(A) Submit to the department a report of receipts and	21377
expenditures for all federal, state, and local moneys the board	21378
expects to receive;	21379

(1) The report shall identify funds the board and public	21380
children services agencies in the board's service district have	21381
available to fund jointly the services described in section 340.15	21382
of the Revised Code.	21383

(2) The board's proposed budget for expenditures of state and	21384
federal funds distributed to the board by the department shall be	21385
deemed an application for funds, and the department shall approve	21386
or disapprove the budget for these expenditures. The department	21387
shall inform the board of the reasons for disapproval of the	21388
budget for the expenditure of state and federal funds and of the	21389
criteria that must be met before the budget may be approved. The	21390
director shall provide the board an opportunity to present its	21391
case on behalf of the submitted budget. The director shall give	21392
the board a reasonable time in which to meet the criteria and	21393
shall offer the board technical assistance to help it meet the	21394
criteria.	21395

If a board determines that it is necessary to amend a budget	21396
that has been approved under this section, the board shall submit	21397
a proposed amendment to the director. The director may approve or	21398
disapprove all or part of the amendment. The director shall inform	21399
the board of the reasons for disapproval of all or part of the	21400
amendment and of the criteria that must be met before the	21401
amendment may be approved. The director shall provide the board an	21402
opportunity to present its case on behalf of the amendment. The	21403
director shall give the board a reasonable time in which to meet	21404
the criteria and shall offer the board technical assistance to	21405
help it meet the criteria.	21406

(3) The director of mental health and addiction services, in	21407
whole or in part, may withhold funds otherwise to be allocated to	21408
a board of alcohol, drug addiction, and mental health services	21409
under Chapter 5119. of the Revised Code if the board's use of	21410
state and federal funds fails to comply with the approved budget,	21411
as it may be amended with the approval of the department.	21412

(B) Submit to the department a statement identifying the	21413
services described in section 340.09 of the Revised Code the board	21414
intends to make available. The board shall include crisis	21415
intervention services for individuals in emergency situations and	21416
services required pursuant to section 340.15 of the Revised Code,	21417
and the board shall explain the manner in which the board intends	21418
to make such services available. The list of services shall be	21419
compatible with the budget submitted pursuant to division (A) of	21420
this section. The department shall approve or disapprove the	21421
proposed listing of services to be made available. The department	21422
shall inform the board of the reasons for disapproval of the	21423
listing of proposed services and of the criteria that must be met	21424
before listing of proposed services may be approved. The director	21425
shall provide the board an opportunity to present its case on	21426
behalf of the submitted listing of proposed services. The director	21427
shall give the board a reasonable time in which to meet the	21428
criteria and shall offer the board technical assistance to help it	21429
meet the criteria.	21430

(C) Enter into a continuity of care agreement with the state	21431
institution operated by the department of mental health and	21432
addiction services and designated as the institution serving the	21433
district encompassing the board's service district. The continuity	21434
of care agreement shall outline the department's and the board's	21435
responsibilities to plan for and coordinate with each other to	21436
address the needs of board residents who are patients in the	21437
institution, with an emphasis on managing appropriate hospital bed	21438
day use and discharge planning.	21439

(D) In conjunction with the department of mental health and	21440
addiction services, operate a coordinated system for tracking and	21441
monitoring persons found not guilty by reason of insanity and	21442
committed pursuant to section 2945.40 of the Revised Code who have	21443
been granted a conditional release and persons found incompetent	21444
to stand trial and committed pursuant to section 2945.39 of the	21445
Revised Code who have been granted a conditional release. The	21446
system shall do all of the following:	21447

(1) Centralize responsibility for the tracking of those	21448
persons;	21449

(2) Provide for uniformity in monitoring those persons;

21450

(3) Provide a mechanism to allow prompt rehospitalization,	21451
reinstitutionalization, or detention when a violation of the	21452
conditional release or decompensation occurs.	21453

(E) Submit to the department a report summarizing complaints	21454
and grievances received by the board concerning the rights of	21455
persons seeking or receiving services, investigations of	21456
complaints and grievances, and outcomes of the investigations.	21457

(F) Provide to the department information to be submitted to	21458
the community addiction and mental health information system or	21459
systems established by the department under Chapter 5119. of the	21460
Revised Code.	21461

(G) Annually, and upon any change in membership, submit to	21462
the department a list of all current members of the board of	21463
alcohol, drug addiction, and mental health services, including the	21464
appointing authority for each member, and the member's specific	21465
qualification for appointment pursuant to section 340.02 or	21466
340.021 of the Revised Code, if applicable.	21467

(H) Submit to the department other information as is	21468
reasonably required for purposes of the department's operations,	21469
service evaluation, reporting activities, research, system	21470
administration, and oversight.	21471

Sec. 340.09. (A) The department of ~~mental health~~mental	21472
health and addiction services shall provide assistance to any	21473
county for the operation of boards of alcohol, drug addiction, and	21474
mental health services ~~and~~, the provision of ~~the following~~	21475
services approved by the department within the continuum of care,	21476
and the provision of approved support functions from funds	21477
appropriated for that purpose by the general assembly:.	21478

~~(A) Outpatient;~~

21479

(B) Categories in the continuum of care may include all of	21480
the following:	21481

(1) Inpatient;

21482

~~(C) Partial hospitalization~~(2) Residential;

21483

~~(D) Rehabilitation~~(3) Outpatient treatment;

21484

~~(E)~~(4) Intensive and other supports;

21485

(5) Recovery support;

21486

(6) Prevention and wellness management.

21487

21488

(1) Consultation;

21489

~~(F) Mental health education and other preventive services;~~

21490

~~(G) Emergency;~~

21491

~~(H) Crisis intervention;~~

21492

~~(I)~~(2) Research;

21493

~~(J)~~(3) Administrative;

21494

~~(K)~~(4) Referral and information;

21495

~~(L) Residential;~~

21496

~~(M)~~(5) Training;

21497

~~(N) Substance abuse;~~

21498

~~(O)~~(6) Service and program evaluation;

21499

~~(P) Community support system;~~

21500

~~(Q) Case management;~~

21501

~~(R) Residential housing;~~

21502

~~(S) Other services approved by the board and the director of~~	21503
~~mental health~~.	21504

Sec. 340.091. Each board of alcohol, drug addiction, and	21505
mental health services shall contract with a community mental	21506
health ~~agency~~services provider under division (A)~~(7)~~(8)(a) of	21507
section 340.03 of the Revised Code for the ~~agency~~provider to do	21508
all of the following in accordance with rules adopted under	21509
section ~~5119.61~~5119.22 of the Revised Code for an individual	21510
referred to the ~~agency~~provider under division (D)(2) of section	21511
~~5119.69~~5119.41 of the Revised Code:	21512

(A) Assess the individual and, if the ~~agency~~provider	21513
determines that the environment in which the individual will be	21514
living while receiving residential state supplement payments is	21515
appropriate for the individual's needs, issue a recommendation to	21516
the referring residential state supplement administrative agency	21517
that the referring agency should conclude that the living	21518
environment is appropriate when it makes its determination	21519
regarding the appropriateness of the environment;	21520

(B) Provide ongoing monitoring to ensure that listed services	21521
~~provided under~~submitted and approved under division (B) of	21522
section ~~340.09~~340.08 of the Revised Code are available to the	21523
individual;	21524

(C) Provide discharge planning to ensure the individual's	21525
earliest possible transition to a less restrictive environment.	21526

Sec. 340.10. The county auditor or, in a joint-county	21527
alcohol, drug addiction, and mental health service district, the	21528
auditor of the county, the treasurer of which has been designated	21529
in the agreement between the counties of the district as custodian	21530
of the community addiction and mental health services funds ~~and~~	21531
~~alcohol and drug addiction services funds~~, is hereby designated as	21532
the auditor and fiscal officer of an alcohol, drug addiction, and	21533
mental health service district or joint-county district. State	21534
funds allocated for the support of a service district shall be	21535
paid to the county treasurer or, in a joint-county district, to	21536
the treasurer of that county designated in the agreement as	21537
custodian of the community addiction and mental health services	21538
funds and authorized to make payments from such funds on order of	21539
the county auditor and on recommendation of the board of alcohol,	21540
drug addiction, and mental health services, or the executive	21541
director of the board when authorized by the board. The auditor	21542
shall submit to the board a detailed monthly statement of all	21543
receipts, disbursements, and ending balances for the community	21544
addiction and mental health services funds.	21545

Sec. 340.11. A board of alcohol, drug addiction, and mental	21546
health services may procure a policy or policies of insurance	21547
insuring board members or employees of the board or ~~agencies~~	21548
providers with which the board contracts against liability arising	21549
from the performance of their official duties. If the liability	21550
insurance is unavailable or the amount a board has procured or is	21551
able to procure is insufficient to cover the amount of a claim,	21552
the board may indemnify a board member or employee as follows:	21553

(A) For any action or inaction in the capacity of board	21554
member or employee or at the request of the board, whether or not	21555
the action or inaction is expressly authorized by this or any	21556
other section of the Revised Code, if both of the following apply:	21557

(1) The board member or employee acted in good faith and in a	21558
manner that the board member or employee reasonably believed was	21559
in or was not opposed to the best interests of the board; ~~and~~	21560

(2) With respect to any criminal action or proceeding, the	21561
board member or employee had no reason to believe the board	21562
member's or employee's conduct was unlawful.	21563

(B) Against any expenses, including attorneys' fees, the	21564
board member or employee actually and reasonably incurs as a	21565
result of a suit or other proceeding involving the defense of any	21566
action or inaction in the capacity of board member or employee or	21567
at the request of the board, or in defense of any claim, issue, or	21568
matter raised in connection with the defense of such an action or	21569
inaction, to the extent that the board member or employee is	21570
successful on the merits or otherwise.	21571

Sec. 340.12. No board of alcohol, drug addiction, and mental	21572
health services or any ~~agency, corporation, or association~~	21573
addiction or mental health services provider under contract with	21574
such a board shall discriminate in the provision of services under	21575
its authority, in employment, or contract on the basis of race,	21576
color, religion, sex, ~~creed~~age, ancestry, national origin,	21577
disability, ~~or national origin~~sexual orientation, military	21578
status, or genetic information.	21579

Each board,and each community addiction or mental health	21580
~~agency, and each alcohol and drug addiction program~~services	21581
provider shall have a written affirmative action program. The	21582
affirmative action program shall include goals for the employment	21583
and effective utilization of, including contracts with, members of	21584
economically disadvantaged groups as defined in division (E)(1) of	21585
section 122.71 of the Revised Code in percentages reflecting as	21586
nearly as possible the composition of the alcohol, drug addiction,	21587
and mental health service district served by the board. Each	21588
board~~, agency,~~ and ~~program~~provider shall file a description of	21589
the affirmative action program and a progress report on its	21590
implementation with the department of ~~mental health or the~~	21591
~~department of alcohol and drug addiction services~~mental health	21592
and addiction services.	21593

Sec. 340.13. (A) As used in this section~~, "minority~~:

21594

(1) "Minority business enterprise" has the same meaning as in	21595
~~division (E)(1) of~~ section 122.71 of the Revised Code.	21596

(2) "EDGE business enterprise" has the same meaning as in	21597
section 123.152 of the Revised Code.	21598

(B) Any minority business enterprise that desires to bid on a	21599
contract under division (C) ~~or (D)~~ of this section shall first	21600
apply to the equal employment opportunity coordinator in the	21601
department of administrative services for certification as a	21602
minority business enterprise. Any EDGE business enterprise that	21603
desires to bid on a contract under division (D) of this section	21604
shall first apply to the equal employment opportunity coordinator	21605
of the department of administrative services for certification as	21606
an EDGE business enterprise. The coordinator shall approve the	21607
application of any minority business enterprise or EDGE business	21608
enterprise that complies with the rules adopted under section	21609
122.71 or 123.152 of the Revised Code, respectively. The	21610
coordinator shall prepare and maintain a list of minority business	21611
enterprises and EDGE business enterprises certified under ~~this~~	21612
~~section~~those sections.	21613

(C) From the contracts to be awarded for the purchases of	21614
equipment, materials, supplies, or services, other than contracts	21615
entered into under section 340.03 ~~or 340.033~~ of the Revised Code,	21616
each board of alcohol, drug addiction, and mental health services	21617
shall select a number of contracts with an aggregate value of	21618
approximately fifteen per cent of the total estimated value of	21619
contracts to be awarded in the current fiscal year. The board	21620
shall set aside the contracts so selected for bidding by minority	21621
business enterprises only. The bidding procedures for such	21622
contracts shall be the same as for all other contracts awarded	21623
under section 307.86 of the Revised Code, except that only	21624
minority business enterprises certified and listed ~~under~~pursuant	21625
to division (B) of this section shall be qualified to submit bids.	21626

(D) To the extent that a board is authorized to enter into	21627
contracts for construction, the board shall ~~set aside a number of~~	21628
~~contracts~~strive to attain a yearly contract dollar procurement	21629
goal the aggregate value of which equals approximately five per	21630
cent of the aggregate value of construction contracts for the	21631
current fiscal year for ~~bidding by minority~~EDGE business	21632
enterprises only. ~~The bidding procedures for the contracts set~~	21633
~~aside for minority business enterprises shall be the same as for~~	21634
~~all other contracts awarded by the board, except that only~~	21635
~~minority business enterprises certified and listed under division~~	21636
~~(B) of this section shall be qualified to submit bids.~~	21637

(E)(1) In the case of contracts set aside under ~~divisions~~	21638
division (C) ~~and (D)~~ of this section, if no bid is submitted by a	21639
minority business enterprise, the contract shall be awarded	21640
according to normal bidding procedures. The board shall from time	21641
to time set aside such additional contracts as are necessary to	21642
replace those contracts previously set aside on which no minority	21643
business enterprise bid.	21644

(2) If a board, after having made a good faith effort, is	21645
unable to comply with the goal of procurement for contracting with	21646
EDGE business enterprises pursuant to division (D) of this	21647
section, the board may apply in writing, on a form prescribed by	21648
the department of administrative services, to the director of	21649
mental health and addiction services for a waiver or modification	21650
of the goal.	21651

(F) This section does not preclude any minority business	21652
enterprise or EDGE business enterprise from bidding on any other	21653
contract not specifically set aside for minority business	21654
enterprises or subject to procurement goals for EDGE business	21655
enterprises.	21656

(G) Within ninety days after the beginning of each fiscal	21657
year, each board shall file a report with the department of ~~mental~~	21658
~~health~~mental health and addiction services that shows for that	21659
fiscal year the name of each minority business enterprise and EDGE	21660
business enterprise with which the board entered into a contract,	21661
the value and type of each such contract, the total value of	21662
contracts awarded under divisions (C) and (D) of this section, the	21663
total value of contracts awarded for the purchases of equipment,	21664
materials, supplies, or services, other than contracts entered	21665
into under section 340.03 of the Revised Code, and the total value	21666
of contracts entered into for construction.	21667

(H) Any person who intentionally misrepresents ~~himself~~self	21668
as owning, controlling, operating, or participating in a minority	21669
business enterprise or an EDGE business enterprise for the purpose	21670
of obtaining contracts or any other benefits under this section	21671
shall be guilty of theft by deception as provided for in section	21672
2913.02 of the Revised Code.	21673

Sec. 340.15. (A) A public children services agency that	21674
identifies a child by a risk assessment conducted pursuant to	21675
section 5153.16 of the Revised Code as being at imminent risk of	21676
being abused or neglected because of an addiction of a parent,	21677
guardian, or custodian of the child to a drug of abuse or alcohol	21678
shall refer the child's addicted parent, guardian, or custodian	21679
and, if the agency determines that the child needs alcohol or	21680
other drug addiction services, the child to ~~an alcohol and drug~~a	21681
community addiction ~~program~~services provider certified by the	21682
department of ~~alcohol and drug addiction services~~mental health	21683
and addiction services under section ~~3793.06~~5119.36 of the	21684
Revised Code. A public children services agency that is sent a	21685
court order issued pursuant to division (B) of section 2151.3514	21686
of the Revised Code shall refer the addicted parent or other	21687
caregiver of the child identified in the court order to ~~an alcohol~~	21688
~~and drug~~a community addiction ~~program~~services provider	21689
certified by the department of ~~alcohol and drug addiction services~~	21690
mental health and addiction services under section ~~3793.06~~5119.36	21691
of the Revised Code. On receipt of a referral under this division	21692
and to the extent funding identified under division (A)(1) of	21693
section ~~340.033~~340.08 of the Revised Code is available, the	21694
~~program~~provider shall provide the following services to the	21695
addicted parent, guardian, custodian, or caregiver and child in	21696
need of ~~alcohol or other drug~~addiction services:	21697

(1) If it is determined pursuant to an initial screening to	21698
be needed, assessment and appropriate treatment;	21699

(2) Documentation of progress in accordance with a treatment	21700
plan developed for the addicted parent, guardian, custodian,	21701
caregiver, or child;	21702

(3) If the referral is based on a court order issued pursuant	21703
to division (B) of section 2151.3514 of the Revised Code and the	21704
order requires the specified parent or other caregiver of the	21705
child to submit to alcohol or other drug testing during, after, or	21706
both during and after, treatment, testing in accordance with the	21707
court order.	21708

(B) The services described in division (A) of this section	21709
shall have a priority as provided in the ~~alcohol and drug~~	21710
addiction and mental health services plan and budget established	21711
pursuant to ~~section 340.033~~sections 340.03 and 340.08 of the	21712
Revised Code. Once a referral has been received pursuant to this	21713
section, the public children services agency and the ~~alcohol or~~	21714
~~drug~~ addiction ~~program~~services provider shall, in accordance with	21715
42 C.F.R. Part 2, share with each other any information concerning	21716
the persons and services described in that division that the	21717
agency and ~~program~~provider determine are necessary to share. If	21718
the referral is based on a court order issued pursuant to division	21719
(B) of section 2151.3514 of the Revised Code, the results and	21720
recommendations of the ~~alcohol and drug~~ addiction ~~program~~	21721
services provider also shall be provided and used as described in	21722
division (D) of that section. Information obtained or maintained	21723
by the agency or ~~program~~provider pursuant to this section that	21724
could enable the identification of any person described in	21725
division (A) of this section is not a public record subject to	21726
inspection or copying under section 149.43 of the Revised Code.	21727

Sec. 340.16. ~~Not later than ninety days after September 5,~~	21728
~~2001, the~~The department of ~~mental health~~mental health and	21729
addiction services and the department of ~~job and family services~~	21730
medicaid shall adopt rules that establish requirements and	21731
procedures for prior notification and service coordination between	21732
public children services agencies and boards of alcohol, drug	21733
addiction, and mental health services when a public children	21734
services agency refers a child in its custody to a board for	21735
services funded by the board. The rules shall be adopted in	21736
accordance with Chapter 119. of the Revised Code.	21737

~~The department of mental health and department of job and~~	21738
~~family services shall collaborate in formulating a plan that~~	21739
~~delineates the funding responsibilities of public children~~	21740
~~services agencies and boards of alcohol, drug addiction, and~~	21741
~~mental health services for services provided under section~~	21742
~~5111.023 of the Revised Code to children in the custody of public~~	21743
~~children services agencies. The departments shall complete the~~	21744
~~plan not later than ninety days after September 5, 2001.~~	21745

Sec. 341.192. (A) As used in this section:

21746

(1) "Jail" means a county jail, or a multicounty,	21747
municipal-county, or multicounty-municipal correctional center.	21748

(2) ~~"Medical assistance program" has the same meaning as in~~	21749
~~section 2913.40 of the Revised Code.~~	21750

~~(3)~~ "Medical provider" means a physician, hospital,	21751
laboratory, pharmacy, or other health care provider that is not	21752
employed by or under contract to a county, municipal corporation,	21753
township, the department of youth services, or the department of	21754
rehabilitation and correction to provide medical services to	21755
persons confined in a jail or state correctional institution, or	21756
is in the custody of a law enforcement officer.	21757

~~(4)~~(3) "Necessary care" means medical care of a nonelective	21758
nature that cannot be postponed until after the period of	21759
confinement of a person who is confined in a jail or state	21760
correctional institution, or is in the custody of a law	21761
enforcement officer without endangering the life or health of the	21762
person.	21763

(B) If a physician employed by or under contract to a county,	21764
municipal corporation, township, the department of youth services,	21765
or the department of rehabilitation and correction to provide	21766
medical services to persons confined in a jail or state	21767
correctional institution determines that a person who is confined	21768
in the jail or state correctional institution or who is in the	21769
custody of a law enforcement officer prior to the person's	21770
confinement in a jail or state correctional institution requires	21771
necessary care that the physician cannot provide, the necessary	21772
care shall be provided by a medical provider. The county,	21773
municipal corporation, township, the department of youth services,	21774
or the department of rehabilitation and correction shall pay a	21775
medical provider for necessary care an amount not exceeding the	21776
authorized reimbursement rate for the same service established by	21777
the department of ~~job and family services~~medicaid under the	21778
~~medical assistance~~medicaid program.	21779

Sec. 351.021. (A) The resolution of the county commissioners	21780
creating a convention facilities authority, or any amendment or	21781
supplement to that resolution, may authorize the authority to levy	21782
one or both of the excise taxes authorized by division (B) of this	21783
section to pay the cost of one or more facilities; to pay	21784
principal, interest, and premium on convention facilities	21785
authority tax anticipation bonds issued to pay those costs; to pay	21786
the operating costs of the authority; to pay operating and	21787
maintenance costs of those facilities; and to pay the costs of	21788
administering the excise tax.	21789

(B) The board of directors of a convention facilities	21790
authority that has been authorized pursuant to resolution adopted,	21791
amended, or supplemented by the board of county commissioners	21792
pursuant to division (A) of this section may levy, by resolution	21793
adopted on or before December 31, 1988, either or both of the	21794
following:	21795

(1) Within the territory of the authority, an additional	21796
excise tax not to exceed four per cent on each transaction. The	21797
excise tax authorized by division (B)(1) of this section shall be	21798
in addition to any excise tax levied pursuant to section 5739.08	21799
or 5739.09 of the Revised Code, or division (B)(2) of this	21800
section.	21801

(2) Within that portion of any municipal corporation that is	21802
located within the territory of the authority or within the	21803
boundaries of any township that is located within the territory of	21804
the authority, which municipal corporation or township is levying	21805
any portion of the excise tax authorized by division (A) of	21806
section 5739.08 of the Revised Code, and with the approval, by	21807
ordinance or resolution, of the legislative authority of that	21808
municipal corporation or township, an additional excise tax not to	21809
exceed nine-tenths of one per cent on each transaction. The excise	21810
tax authorized by division (B)(2) of this section may be levied	21811
only if, on the effective date of the levy specified in the	21812
resolution making the levy, the amount being levied pursuant to	21813
division (A) of section 5739.08 of the Revised Code by each	21814
municipal corporation or township in which the tax authorized by	21815
division (B)(2) of this section will be levied, when added to the	21816
amount levied under division (B)(2) of this section, does not	21817
exceed three per cent on each transaction. The excise tax	21818
authorized by division (B)(2) of this section shall be in addition	21819
to any excise tax that is levied pursuant to section 5739.08 or	21820
5739.09 of the Revised Code, or division (B)(1) of this section.	21821

(C)(1) The board of directors of a convention facilities	21822
authority that is located in an eligible Appalachian county; that	21823
has been authorized pursuant to resolution adopted, amended, or	21824
supplemented by the board of county commissioners pursuant to	21825
division (A) of this section; and that is not levying a tax under	21826
division (B)(1) or (2) of this section may levy within the	21827
territory of the authority, by resolution adopted on or before	21828
December 31, 2005, an additional excise tax not to exceed three	21829
per cent on each transaction. The excise tax authorized under	21830
division (C)(1) of this section shall be in addition to any excise	21831
tax levied pursuant to section 5739.08 or 5739.09 of the Revised	21832
Code.	21833

As used in division (C)(1) of this section, "eligible	21834
Appalachian county" means a county in this state designated as	21835
being in the "Appalachian region" under the "Appalachian Regional	21836
Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and	21837
having a population less than eighty thousand according to the	21838
most recent federal decennial census.	21839

(2) Division ~~(B)~~(C)(2) of this section applies only to a	21840
convention facilities authority located in a county with a	21841
population, according to the 2000 federal decennial census, of at	21842
least one hundred thirty-five thousand and not more than one	21843
hundred fifty thousand and containing entirely within its	21844
boundaries the territory of a municipal corporation with a	21845
population according to that census of more than fifty thousand.	21846
The board of directors of such a convention facilities authority,	21847
by resolution adopted on or before November 1, 2009, may levy	21848
within the territory of the authority an excise tax on	21849
transactions by which lodging by a hotel is or is to be furnished	21850
to transient guests at a rate not to exceed three per cent on such	21851
transactions for the same purposes for which a tax may be levied	21852
under division (B) of this section. The resolution may be adopted	21853
only if the board of county commissioners of the county, by	21854
resolution, authorizes the levy of the tax. The resolution of the	21855
board of county commissioners is subject to referendum as	21856
prescribed by sections 305.31 to 305.41 of the Revised Code. If,	21857
pursuant to those procedures, a referendum is to be held, the	21858
board's resolution does not take effect until approved by a	21859
majority of electors voting on the question. The convention	21860
facilities authority may adopt the resolution authorized by	21861
division (C)(2) of this section before the election, but the	21862
authority's resolution shall not take effect if the board of	21863
commissioners' resolution is not approved at the election. A tax	21864
levied under division (C)(2) of this section is in addition to any	21865
tax levied under section 5739.09 of the Revised Code.	21866

(D) The authority shall provide for the administration and	21867
allocation of an excise tax levied pursuant to division (B) or (C)	21868
of this section. All receipts arising from those excise taxes	21869
shall be expended for the purposes provided in, and in accordance	21870
with this section and section 351.141 of the Revised Code. An	21871
excise tax levied under division (B) or (C) of this section shall	21872
remain in effect at the rate at which it is levied for at least	21873
the duration of the period for which the receipts from the tax	21874
have been anticipated and pledged pursuant to section 351.141 of	21875
the Revised Code.	21876

(E) Except as provided in division (B)(2) of this section,	21877
the levy of an excise tax on each transaction pursuant to sections	21878
5739.08 and 5739.09 of the Revised Code does not prevent a	21879
convention facilities authority from levying an excise tax	21880
pursuant to division (B) or (C) of this section.	21881

(F) A convention facilities authority located in a county	21882
with a population greater than eighty thousand but less than	21883
ninety thousand according to the 2010 federal decennial census	21884
that levies a tax under division (B) of this section may amend the	21885
resolution levying the tax to allocate a portion of the revenue	21886
from the tax for support of tourism-related sites or facilities	21887
and programs operated by the county or a municipal corporation	21888
within the county in which the authority is located or for the	21889
purpose of leasing lands for county fairs, erecting buildings for	21890
county fair purposes, making improvements on a county fairground,	21891
or for any purpose connected with the use of a county fairground	21892
or with the management thereof by the county in which the	21893
authority is located. The revenue allocated by the authority for	21894
such purposes in a calendar year shall not exceed fifteen per cent	21895
of the total revenue from the tax in the preceding calendar year.	21896

Sec. 353.01. For purposes of this chapter:

21897

(A) "Lake facilities authority" means a body corporate and	21898
politic created pursuant to section 353.02 of the Revised Code.	21899

(B) "Watershed" means a watershed as determined by the United	21900
States geological survey.	21901

(C) "Impacted watershed" means a watershed meeting both of	21902
the following conditions:	21903

(1) The watershed contains a natural or man-made lake of at	21904
least one-half square mile that has experienced levels of	21905
microcystin toxins in excess of eighty parts-per-billion, as	21906
measured by the Ohio environmental protection agency, during the	21907
twenty-four month period immediately preceding the date the last	21908
resolution necessary for the creation of a lake facilities	21909
authority under section 353.02 of the Revised Code was adopted.	21910

(2) The watershed is partially or completely located within a	21911
state park, as defined in section 154.01 of the Revised Code, that	21912
has averaged at least four hundred thousand visitors per year for	21913
the four calendar years preceding the calendar year in which the	21914
last resolution necessary for the creation of a lake facilities	21915
authority under section 353.02 of the Revised Code was adopted.	21916

(D) "Impacted lake district" means the territory of all	21917
townships and municipal corporations having territory in an	21918
impacted watershed.	21919

(E) "Cost" as applied to a lake facilities authority facility	21920
means the cost of acquisition or construction of the facility; the	21921
cost of acquisition of all land, rights-of-way, property rights,	21922
easements, franchise rights, and interests required for such	21923
acquisition; the cost of demolishing or removing any buildings or	21924
structures on land so acquired, including the cost of acquiring	21925
any lands to which such buildings or structures may be moved; the	21926
cost of acquiring or constructing and equipping a principal office	21927
of the lake facilities authority; the cost of diverting highways,	21928
interchange of highways, and access roads to private property,	21929
including the cost of land or easements for the access roads, the	21930
cost of public utility and common carrier relocation or	21931
duplication, the cost of all machinery, furnishings, and	21932
equipment, financing charges, interest prior to and during any	21933
construction and for no more than eighteen months after completion	21934
of any construction; engineering; expenses of research and	21935
development with respect to an impacted lake district; legal	21936
expenses; expenses of developing or obtaining plans,	21937
specifications, engineering surveys, studies, and estimates of	21938
cost and revenues; expenses necessary or incident to determining	21939
the feasibility or practicability of acquiring or constructing the	21940
facility or remediating the impacted lake district; administrative	21941
expense; and such other expenses as may be necessary or incident	21942
to the acquisition or construction of the facility, the	21943
remediation of the impacted lake district and other activities	21944
authorized by this chapter, the financing of such acquisition,	21945
construction or remediation, including the amount authorized in	21946
the resolution of the lake facilities authority providing for the	21947
issuance of lake facilities authority revenue bonds to be paid	21948
into any special funds from the proceeds of such bonds and the	21949
financing of the placing of the facility in operation, the cost of	21950
issuing the bonds, and the financing of remediation and other	21951
purposes authorized by this chapter.	21952

(F) "Revenues" means all rentals and other charges received	21953
by the lake facilities authority with respect to an impacted	21954
watershed; any gift or grant received with respect to any impacted	21955
watershed; money received in repayment of, and for interest on,	21956
any loans made by the authority to a person or governmental	21957
agency, whether from the United States or any department,	21958
administration, or agency thereof, or otherwise; proceeds of lake	21959
facilities authority revenue bonds to the extent the use thereof	21960
for payment of principal or of premium, if any, or interest on the	21961
bonds is authorized by the authority; proceeds from any insurance,	21962
appropriation, or guaranty pertaining to an impacted watershed or	21963
property mortgaged to secure bonds or pertaining to the financing	21964
of any activities authorized under this chapter; income and profit	21965
from the investment of the proceeds of lake facilities authority	21966
revenue bonds or of any revenues; and contributions of service	21967
payments in lieu of taxes generated pursuant to section 5709.40,	21968
5709.41, 5709.73, or 5709.78 of the Revised Code, and all other	21969
nontax revenues paid or payable to the lake facilities authority.	21970

(G) "Lake facilities revenue bonds," unless the context	21971
indicates a different meaning or intent, includes revenue notes,	21972
revenue renewal notes, and revenue refunding bonds.	21973

(H) "Authorized purpose" means activities that remediate,	21974
rehabilitate, enhance, foster, aid, improve, provide, or promote	21975
an impacted watershed within the jurisdiction of the lake	21976
facilities authority, including, without limitation, research and	21977
development efforts related thereto.	21978

(I) "Lake facilities authority facility" or "facility" means	21979
real or personal property, or any combination thereof owned,	21980
leased, or otherwise controlled or financed by a lake facilities	21981
authority and directly related to an authorized purpose.	21982

Sec. 353.02. A lake facilities authority may be created by	21983
the board of county commissioners of a county that contains all of	21984
the territory of an impacted watershed. If the territory of an	21985
impacted watershed is contained within more than one county, a	21986
joint facilities lake authority may be created by resolution of	21987
the board of commissioners of each county in which the impacted	21988
watershed is located. A resolution creating a lake facilities	21989
authority must include a finding that the watershed sought to be	21990
improved or remediated pursuant to this chapter is an impacted	21991
watershed.	21992

A lake facilities authority created pursuant to this section	21993
is a body corporate and politic which may sue and be sued, plead	21994
and be impleaded, and has the powers and jurisdiction enumerated	21995
in this chapter. The exercise by an authority of the powers	21996
conferred upon it shall be deemed to be essential governmental	21997
functions of this state.	21998

Within sixty days after the creation of a lake facilities	21999
authority, the county engineer of each county with territory in	22000
the impacted watershed shall prepare a survey denoting the	22001
boundaries of the impacted watershed in the county. The survey	22002
shall include references to the county auditor's permanent parcel	22003
number designations as those parcel number designations correspond	22004
to the boundaries of the impacted watershed. If requested by the	22005
county engineer of each county with territory in the impacted	22006
watershed, the cost of such surveys shall be paid from the funds	22007
of the lake facilities authority pursuant to an agreement between	22008
the lake facilities authority and the county engineer of each	22009
county. Such funds may be advanced by the board of county	22010
commissioners of any county with territory in the impacted	22011
watershed.	22012

The county auditor of the county with the greatest amount of	22013
territory in the impacted watershed shall be the fiscal officer	22014
for the lake facilities authority. The county prosecutor of the	22015
county with the greatest amount of territory in the impacted	22016
watershed shall be the legal advisor of the lake facilities	22017
authority and shall prosecute and defend all suits and actions	22018
that the lake facilities authority directs or to which it is a	22019
party.	22020

Upon the creation of a lake facilities authority, no	22021
authority that is granted by law any powers or duties that are	22022
substantially the same as the powers and duties of a lake	22023
facilities authority may be created if its territorial	22024
jurisdiction includes any territory within the impacted lake	22025
district.	22026

Sec. 353.03. A lake facilities authority may do all of the	22027
following:	22028

(A) Acquire by purchase, lease, gift, or otherwise, on such	22029
terms and in such manner as it considers proper, real and personal	22030
property necessary for an authorized purpose or any estate,	22031
interest, or right therein, within or without the impacted lake	22032
district;	22033

(B) Improve, remediate, maintain, sell, lease, or otherwise	22034
dispose of real and personal property on such terms and in such	22035
manner as it considers proper;	22036

(C) Adopt, modify, and enforce reasonable rules and	22037
regulations governing impacted watersheds;	22038

(D) Employ such managers, administrative officers, agents,	22039
engineers, architects, attorneys, contractors, subcontractors, and	22040
employees as may be appropriate in the exercise of the rights,	22041
powers, and duties conferred on it, prescribe the duties and	22042
compensation for such persons, require bonds to be given by any	22043
such persons and by officers of the authority for the faithful	22044
performance of their duties, and fix the amount and surety	22045
therefor, and pay the surety;	22046

(E) Sue and be sued in its corporate name;

22047

(F)(1) Make and enter into all contracts and agreements and	22048
execute all instruments relating to the provisions of this	22049
chapter;	22050

(2) Except as provided otherwise under divisions (F)(2) and	22051
(3) of this section, when the cost of a contract for the	22052
construction of any building, structure, or other improvement	22053
undertaken by a lake facilities authority involves an expenditure	22054
exceeding twenty-five thousand dollars, and the lake facilities	22055
authority is the contracting authority, the lake facilities	22056
authority shall make a written contract after notice calling for	22057
bids for the award of the contract has been given by publication	22058
twice, with at least seven days between publications, in a	22059
newspaper of general circulation in the impacted lake district.	22060
Each such contract shall be awarded to the lowest responsive and	22061
responsible bidder in accordance with section 9.312 of the Revised	22062
Code. The board of directors by rule may provide criteria for the	22063
negotiation and award without competitive bidding of any contract	22064
as to which the lake facilities authority is the contracting	22065
authority for the construction of any building or structure or	22066
other improvement under any of the following circumstances:	22067

(a) There exists a real and present emergency that threatens	22068
damage to property or injury to persons of the lake facilities	22069
authority or other persons, provided that a statement specifying	22070
the nature of the emergency that is the basis for the negotiation	22071
and award of a contract without competitive bidding shall be	22072
signed at the time of the contract's execution by the officer of	22073
the lake facilities authority that executes the contract and shall	22074
be attached to the contract.	22075

(b) A commonly recognized industry or other standard or	22076
specification does not exist and cannot objectively be articulated	22077
for the improvement.	22078

(c) The contract is for any energy conservation measure as	22079
defined in section 307.041 of the Revised Code.	22080

(d) With respect to material to be incorporated into the	22081
improvement, only a single source or supplier exists for the	22082
material.	22083

(e) A single bid is received by the lake facilities authority	22084
after complying with the above provisions.	22085

(3) In addition to the exceptions to competitive bidding	22086
requirements under division (F)(2) of this section, a lake	22087
facilities authority may contract for the acquisition or	22088
construction of any property for an authorized purpose and for the	22089
leasing, subleasing, sale, or other disposition of the property in	22090
a manner determined by the lake facilities authority in its sole	22091
discretion, without necessity for competitive bidding or	22092
performance bonds.	22093

(4) With respect to any public improvement undertaken by, or	22094
under contract for, the lake facilities authority, the authority	22095
may elect to apply sections 4115.03 to 4115.21 of the Revised	22096
Code.	22097

(G) Accept aid or contributions from any source of money,	22098
property, labor, or other things of value, to be held, used, and	22099
applied only for the purposes for which the grants and	22100
contributions are made;	22101

(H) Apply for and accept grants, loans, or commitments of	22102
guarantee or insurance, including any guarantees of lake	22103
facilities authority bonds and notes, from the United States, the	22104
state, or other public body or other sources, and provide any	22105
consideration which may be required in order to obtain such	22106
grants, loans, or contracts of guarantee or insurance;	22107

(I) Procure insurance against loss to the lake facilities	22108
authority by reason of damage to its properties resulting from	22109
fire, theft, accident, or other casualties, or by reason of its	22110
liability for any damages to persons or property occurring in the	22111
construction or operation of facilities or areas under its	22112
jurisdiction or the conduct of its activities;	22113

(J) Maintain such funds or reserves as it considers necessary	22114
for the efficient performance of its duties;	22115

(K) Enforce any covenants, of which the lake facilities	22116
authority is the beneficiary, running with the land.	22117

(L) Appropriate for its use, under sections 163.01 to 163.22	22118
of the Revised Code, any land, easement, rights, rights-of-way,	22119
franchises, or other property in the impacted watershed necessary	22120
for an authorized purpose;	22121

(M) Issue securities for the remediation of an impacted	22122
watershed and directly related permanent improvements in	22123
compliance with Chapter 133. of the Revised Code, except that such	22124
bonds or notes may be issued only pursuant to a vote of the	22125
electors residing within the impacted lake district. The net	22126
indebtedness incurred by a lake facilities authority pursuant to	22127
this division may not exceed one-tenth of one per cent of the	22128
total value of all property within the territory comprising the	22129
impacted lake district as listed and assessed for taxation.	22130

(N) Issue lake facilities authority revenue bonds beyond the	22131
limit of bonded indebtedness provided by law, payable solely from	22132
revenues as provided in section 353.09 of the Revised Code for the	22133
purpose of providing funds to pay costs of any facility or	22134
facilities or parts thereof;	22135

(O) Advise and provide input to political subdivisions within	22136
the impacted lake district with respect to zoning and land use	22137
planning within the impacted lake district;	22138

(P) Enter into agreements for the management, ownership,	22139
possession, or control of lands or property to be used for wetland	22140
mitigation banking.	22141

Sec. 353.04. (A) Upon the creation of a lake facilities	22142
authority under section 353.02 of the Revised Code, a board of	22143
directors consisting of the county commissioners of each county	22144
with territory in the impacted lake district shall be created.	22145
Membership on the board is not a direct or indirect interest in a	22146
contract or expenditure of money by the county. Notwithstanding	22147
any provision of law to the contrary, no member of the board shall	22148
be disqualified from holding any public office or employment by	22149
reason of membership on the board. The board is a public body for	22150
the purposes of section 121.22 of the Revised Code and a public	22151
office for the purposes of section 149.43 of the Revised Code.	22152
Notwithstanding those sections, the board may hold closed meetings	22153
and protect the confidentiality of information under the same	22154
circumstances as authorized for a community improvement	22155
corporation under section 1724.11 of the Revised Code. Chapter	22156
2744. of the Revised Code applies to the board. Each year, the	22157
board shall prepare an annual report of its activities and make it	22158
available to the public.	22159

(B) A board of directors shall consult with the advisory	22160
council created under this division in performing the remediation	22161
and other activities authorized by this chapter.	22162

Not later than sixty days after the creation of the board of	22163
directors, the board shall provide written notice of its creation	22164
to the legislative authority of each political subdivision with	22165
territory in the impacted lake district. The notice shall describe	22166
the process for the appointment of an advisory council. Upon	22167
receipt of such notice, the legislative authority of each	22168
political subdivision with territory in the impacted lake district	22169
shall appoint one representative each to serve on the advisory	22170
council. The representative need not be an elected or appointed	22171
official of the political subdivision.	22172

Sec. 353.05. The board of directors of a lake facilities	22173
authority, by resolution, may propose the levy of a tax upon the	22174
taxable property in the impacted lake district pursuant to section	22175
5705.55 of the Revised Code.	22176

Sec. 353.06. As used in this section, "hotel" and "transient	22177
guests" have the same meanings as in section 5739.01 of the	22178
Revised Code.	22179

A resolution creating a lake facilities authority under	22180
section 353.02 of the Revised Code, or any amendments or	22181
supplements thereto, may authorize the authority to levy an excise	22182
tax on transactions by which lodging in a hotel is or is to be	22183
furnished to transient guests to pay any costs authorized under	22184
this chapter; to pay principal, interest, and premium on lake	22185
facilities authority tax anticipation bonds issued to pay those	22186
costs; to pay the operating costs of the authority; and to pay the	22187
costs of administering the tax.	22188

Upon the affirmative vote of at least a majority of the	22189
qualified electors in a primary or general election within the	22190
impacted lake district voting at an election held for the purpose	22191
of authorizing the tax, the board of directors of a lake	22192
facilities authority authorized to levy a tax under this section	22193
may, by resolution, levy an additional excise tax within the	22194
territory of the impacted lake district on all transactions by	22195
which lodging in a hotel is or is to be furnished to transient	22196
guests. The rate of the tax, when added to the aggregate rate of	22197
excise taxes levied in the impacted lake district pursuant to	22198
section 351.021, 5739.08, or 5739.09 of the Revised Code, shall	22199
not cause the total aggregate rate to exceed five per cent on any	22200
such transaction.	22201

The lake facilities authority shall provide for the	22202
administration and allocation of a tax levied pursuant to this	22203
section. All receipts arising from the tax shall be expended for	22204
the purposes provided in, and in accordance with, this section. An	22205
excise tax levied under this section shall remain in effect at the	22206
rate at which it is levied for at least the duration of the period	22207
for which the receipts from the tax have been anticipated and	22208
pledged pursuant to section 353.08 of the Revised Code.	22209

The form of the ballot in an election held on the question of	22210
levying a tax proposed pursuant to this section shall be as	22211
follows or in any other form acceptable to the secretary of state:	22212

"An excise tax on all transactions by which lodging in a	22213
hotel is or is to be furnished to transient guests within the	22214
territory of the (name of impacted lake district) ........... for	22215
the purpose of .......... at a rate of ......... for ............	22216
(number of years the tax is to be levied).	22217

22218

		For the Excise Tax			22219
		Against the Excise Tax	"		22220

Sec. 353.07. The director of natural resources may transfer	22221
real property owned by the state to a lake facilities authority	22222
for the purpose of promoting wetland banking, wildlife, or	22223
sporting activities. The division of wildlife within the	22224
department of natural resources may enter into an agreement with a	22225
lake facilities authority to establish wetland or natural areas to	22226
benefit wildlife or sporting activities. The agreement may be	22227
entered as part of, or in conjunction with, a mitigation banking	22228
program.	22229

Sec. 353.08. A lake facilities authority that levies a tax	22230
authorized by sections 353.05 and 5705.55 or section 353.06 of the	22231
Revised Code may, by resolution, anticipate the proceeds of the	22232
tax and issue lake facilities authority anticipation bonds, and	22233
notes anticipating the proceeds or the bonds, in the principal	22234
amount that, in the opinion of the authority, are necessary for	22235
the purpose of paying the cost of an authorized purpose, and that	22236
the authority is able to pay over the term of the issue with the	22237
interest on the bonds or notes, or in the case of notes	22238
anticipating bonds over the term of the bonds, by the estimated	22239
amount of the taxes anticipated. The taxes are determined by the	22240
general assembly to satisfy any applicable requirement of Section	22241
11 of Article XII, Ohio Constitution.	22242

Every issue of outstanding anticipation bonds shall be	22243
payable out of the proceeds of the taxes anticipated and other	22244
revenues of the authority that are pledged for such payment. The	22245
pledge shall be valid and binding from the time the pledge is	22246
made, and the anticipated excise taxes and revenues so pledged and	22247
thereafter received by the authority immediately shall be subject	22248
to the lien of that pledge without any physical delivery of those	22249
taxes and revenues or further act. The lien of any pledge is valid	22250
and binding as against all parties having claims of any kind in	22251
tort, contract, or otherwise against the authority, whether or not	22252
such parties have notice of the lien. Neither the resolution nor	22253
any trust agreement by which a pledge is created need be filed or	22254
recorded except in the authority's records.	22255

The anticipation bonds shall bear such date or dates, and	22256
shall mature at such time or times, in the case of any such notes	22257
or any renewals of such notes not exceeding twenty years from the	22258
date of issue of such original notes and in the case of any such	22259
bonds or any refunding bonds not exceeding forty years from the	22260
date of the original issue of notes or bonds for the purpose, and	22261
shall be executed in the manner that the resolution authorizing	22262
the bonds may provide. The anticipation bonds shall bear interest	22263
at such rates, or at a variable rate or rates changing from time	22264
to time, in accordance with provisions provided in the authorizing	22265
resolution, be in such denominations and form, either coupon or	22266
registered, carry such registration privileges, be payable in such	22267
medium of payment and at such place or places, and be subject to	22268
such terms of redemption, as the authority may authorize or	22269
provide.	22270

Sec. 353.09. A lake facilities authority at any time may	22271
issue lake facilities authority revenue bonds in such principal	22272
amounts as, in the opinion of the lake facilities authority, are	22273
necessary for the purpose of paying the cost of one or more lake	22274
facilities authority facilities or parts thereof. A lake	22275
facilities authority at any time may issue renewal notes, issue	22276
bonds to retire its notes and, whenever it considers refunding	22277
expedient, refund any bonds by the issuance of lake facilities	22278
authority revenue refunding bonds, whether the bonds to be	22279
refunded have or have not matured, and issue lake facilities	22280
authority revenue bonds partly to refund outstanding bonds and	22281
partly for any other authorized purpose. The lake facilities	22282
authority revenue refunding bonds shall be sold and the proceeds	22283
applied to the purchase, redemption, or payment of the bonds to be	22284
refunded. Lake facilities authority revenue bonds shall be special	22285
obligations of the lake facilities authority payable out of the	22286
revenues of the lake facilities authority that are pledged for	22287
such payment. The pledge shall be valid and binding from the time	22288
the pledge is made and the revenues so pledged and thereafter	22289
received by the lake facilities authority immediately shall be	22290
subject to the lien of the pledge without any physical delivery	22291
thereof or further act, and the lien of the pledge is valid and	22292
binding as against all parties having claims of any kind in tort,	22293
contract, or otherwise against the lake facilities authority,	22294
irrespective of whether those parties have notice thereof. Neither	22295
the resolution nor any trust agreement by which a pledge is	22296
created need be filed or recorded except in the records of the	22297
lake facilities authority.	22298

Whether or not the lake facilities authority revenue bonds	22299
are of such form and character as to be negotiable instruments,	22300
the lake facilities authority revenue bonds shall have all the	22301
qualities and incidents of negotiable instruments, subject only to	22302
the provisions of the bonds for registration.	22303

The lake facilities authority revenue bonds shall be	22304
authorized by resolution of the lake facilities authority, and	22305
shall bear interest at such rate or rates, shall bear such date or	22306
dates, and shall mature at such time or times, and in such number	22307
of installments as may be provided in or pursuant to that	22308
resolution. The final maturity of any lake facilities authority	22309
revenue bond in the form of a note and any renewals thereof shall	22310
not exceed five years from the date of issue of the original note.	22311
The final maturity of any issue of lake facilities authority	22312
revenue bonds shall not be later than forty-five years from the	22313
date of issue of the original issue of bonds. Any such bonds or	22314
notes shall be executed in a manner as the resolution or	22315
resolutions may provide. The lake facilities authority revenue	22316
bonds shall be in such denominations, be in such form, either	22317
coupon or registered, carry such registration privileges, be	22318
payable in such medium of payment, at such place or places, and be	22319
subject to such terms of redemption as may be provided in or	22320
pursuant to the resolution authorizing their issuance. Lake	22321
facilities authority revenue bonds of the lake facilities	22322
authority may be sold by the lake facilities authority, at public	22323
or private sale, at or at not less than a price or prices as the	22324
lake facilities authority determines. In case any officer whose	22325
signature or a facsimile of whose signature appears on any bonds,	22326
notes, or coupons, ceases to be such officer before delivery of	22327
bonds or notes, the signature or facsimile shall nevertheless be	22328
sufficient for all purposes the same as if the officer had	22329
remained in office until such delivery, and in case the seal of	22330
the lake facilities authority has been changed after a facsimile	22331
has been imprinted on such bonds or notes, the facsimile seal will	22332
continue to be sufficient for all purposes.	22333

Any resolution or resolutions authorizing any lake facilities	22334
authority revenue bonds or any issue of bonds may contain	22335
provisions, subject to any agreements with bondholders as may then	22336
exist, which provisions shall be a part of the contract with the	22337
holders of bonds, as to the pledging of all or any part of the	22338
revenues of the lake facilities authority to secure the payment of	22339
the lake facilities authority bonds or of any issue of the bonds;	22340
the use and disposition of revenues of the lake facilities	22341
authority; a covenant to fix, alter, and collect rentals and other	22342
charges so that pledged revenues will be sufficient to pay costs	22343
of operation, maintenance, and repairs, pay principal of and	22344
interest on bonds secured by the pledge of such revenues, and	22345
provide any reserves that may be required by the applicable	22346
resolution or trust agreement; the setting aside of reserve funds,	22347
sinking funds, or replacement and improvement funds and the	22348
regulation and disposition thereof; the crediting of the proceeds	22349
of the sale of bonds to and among the funds referred to or	22350
provided for in or pursuant to the resolution authorizing the	22351
issuance of the bonds or notes; the use, lease, sale, or other	22352
disposition of any lake facilities authority facility or any other	22353
assets of the lake facilities authority; limitations on the	22354
purpose to which the proceeds of sale of bonds may be applied and	22355
the pledging of those proceeds to secure the payment of the bonds	22356
or of any issue of the bonds; as to notes issued in anticipation	22357
of the issuance of bonds, the agreement of the lake facilities	22358
authority to do all things necessary for the authorization,	22359
issuance, and sale of the bonds in amounts that may be necessary	22360
for the timely retirement of the notes; limitations on the	22361
issuance of additional bonds; the terms upon which additional	22362
bonds may be issued and secured; the refunding of outstanding	22363
bonds; the procedure, if any, by which the terms of any contract	22364
with bondholders may be amended or abrogated, the amount of bonds	22365
the holders of which must consent thereto, and the manner in which	22366
such consent may be given; limitations on the amount of moneys to	22367
be expended by the lake facilities authority for operating,	22368
administrative, or other expenses of the lake facilities	22369
authority; securing any bonds or notes by a trust agreement; and	22370
any other matters, of like or different character, that in any way	22371
affect the security or protection of the bonds or notes.	22372

Neither the board of directors of the lake facilities	22373
authority nor any person executing the bonds shall be liable	22374
personally on the bonds or be subject to any personal liability or	22375
accountability by reason of the issuance thereof.	22376

The issuance of lake facilities authority revenue bonds under	22377
this section need not comply with any other law applicable to the	22378
issuance of bonds or notes.	22379

Sec. 353.10. (A) With respect to facilities, and their	22380
financing, for an authorized purpose, under agreements whereby the	22381
person to whom the facility is to be leased, subleased, or sold,	22382
or to whom a loan is to be made for the facility, is to make	22383
payments sufficient to pay all of the principal of, premium, if	22384
any, and interest on the lake facilities authority revenue bonds	22385
issued for the facility, the lake facilities authority, in	22386
addition to other powers under this chapter, may do any of the	22387
following:	22388

(1) Make loans for the acquisition or construction of the	22389
facility to such person upon such terms as the lake facilities	22390
authority may determine or authorize including secured or	22391
unsecured loans, and, in connection therewith, enter into loan	22392
agreements and other agreements, accept notes and other forms of	22393
obligation to evidence such indebtedness and mortgages, liens,	22394
pledges, assignments, or other security interests to secure such	22395
indebtedness, which may be prior or subordinate to or on a parity	22396
with other indebtedness, obligations, mortgages, pledges,	22397
assignments, other security interests, or liens or encumbrances,	22398
and take actions it considers appropriate to protect such security	22399
and safeguard against losses, including, without limitation,	22400
foreclosure and the bidding upon and purchase of property upon	22401
foreclosure or other sale;	22402

(2) Sell the facility under such terms as it may determine,	22403
including, without limitation, sale by conditional sale or	22404
installment sale, under which title may pass prior to or after	22405
completion of the facility or payment or provisions for payment of	22406
all principal of, premium, if any, and interest on the bonds, or	22407
at any other time provided in the agreement pertaining to the	22408
sale, and including sale under an option to purchase at a price	22409
which may be a nominal amount or less than true value at the time	22410
of purchase;	22411

(3) Grant a mortgage, lien, or other encumbrance on, or	22412
pledge or assignment of, or other security interest with respect	22413
to, all or any part of the facility, revenues, reserve funds, or	22414
other funds established in connection with the bonds, or on, of,	22415
or with respect to any lease, sublease, sale, conditional sale or	22416
installment sale agreement, loan agreement, or other agreement	22417
pertaining to the lease, sublease, sale, or other disposition of a	22418
facility or pertaining to a loan made for a facility, or any	22419
guaranty or insurance agreement made with respect thereto, or any	22420
interest of the lake facilities authority therein, or any other	22421
interest granted, assigned, or released to secure payments of the	22422
principal of, premium, if any, or interest on the bonds or to	22423
secure any other payments to be made by the lake facilities	22424
authority, which mortgage, lien, encumbrance, pledge, assignment,	22425
or other security interest may be prior or subordinate to or on a	22426
parity with any other mortgage, assignment, or other security	22427
interest, or lien or encumbrance;	22428

(4) Provide that the interest on the bonds may be at a	22429
variable rate or rates changing from time to time in accordance	22430
with a base or formula as authorized by the lake facilities	22431
authority;	22432

(5) Contract for the acquisition or construction of the	22433
facility or any part thereof and for the leasing, subleasing,	22434
sale, or other disposition of the facility in a manner determined	22435
by the lake facilities authority in its sole discretion, without	22436
necessity for competitive bidding or performance bonds;	22437

(6) Make appropriate provision for adequate maintenance of	22438
the facility.	22439

(B) With respect to the facilities referred to in this	22440
section, the authority granted by this section is cumulative and	22441
supplementary to all other authority granted in this chapter. The	22442
authority granted by this section does not alter or impair any	22443
similar authority granted elsewhere in this chapter for or with	22444
respect to other facilities.	22445

Sec. 353.11. In the discretion of the lake facilities	22446
authority, any lake facilities authority revenue bonds issued	22447
under this chapter may be secured by a trust agreement between the	22448
lake facilities authority and a corporate trustee that may be any	22449
trust company or bank having the powers of a trust company within	22450
or without the state.	22451

The trust agreement may pledge or assign revenues of the lake	22452
facilities authority to be received and may convey or mortgage any	22453
facility or any part thereof. The trust agreement or any	22454
resolution providing for the issuance of such bonds may contain	22455
any provisions for protecting and enforcing the rights and	22456
remedies of the bondholders as are reasonable and proper and not	22457
in violation of law, including covenants setting forth the duties	22458
of the lake facilities authority in relation to the acquisition of	22459
property, the construction, improvement, maintenance, repair,	22460
operation, and insurance of the facility in connection with which	22461
the bonds are authorized, the rentals or other charges to be	22462
imposed for the use or services of any facility, the custody,	22463
safeguarding, and application of all moneys, and provisions for	22464
the employment of consulting engineers in connection with the	22465
construction or operation of the facility.	22466

Any bank or trust company incorporated under the laws of this	22467
state that may act as depository of the proceeds of bonds or of	22468
revenues may furnish any indemnifying bonds or may pledge any	22469
securities that are required by the lake facilities authority. The	22470
trust agreement may set forth the rights and remedies of the	22471
bondholders and of the trustee, and may restrict the individual	22472
right of action by bondholders as is customary in trust agreements	22473
or trust indentures securing similar bonds. The trust agreement	22474
may contain any other provisions that the lake facilities	22475
authority determines reasonable and proper for the security of the	22476
bondholders. All expenses incurred in carrying out the provisions	22477
of the trust agreement may be treated as a part of the cost of the	22478
operation of the facility.	22479

Sec. 353.12. Any holder of lake facilities authority revenue	22480
bonds issued under sections 353.09 to 353.15 of the Revised Code,	22481
or any of the coupons pertaining to those bonds, and the trustee	22482
under any trust agreement, except to the extent the rights given	22483
by those sections may be restricted by the applicable resolution	22484
or that trust agreement, may by suit, action, mandamus, or other	22485
proceedings, protect and enforce any rights under the laws of the	22486
state or granted under those sections, the trust agreement, or the	22487
resolution authorizing the issuance of the bonds, and may enforce	22488
and compel the performance of all duties required by those	22489
sections, or by the trust agreement or resolution, to be performed	22490
by the lake facilities authority or any officer of the lake	22491
facilities authority, including the fixing, charging, and	22492
collecting of rentals or other charges.	22493

Sec. 353.13. Lake facilities authority revenue bonds issued	22494
under sections 353.09 to 353.15 of the Revised Code do not	22495
constitute a debt, or a pledge of the faith and credit, of the	22496
state or any political subdivision of the state. The holders or	22497
owners of the bonds have no right to have taxes levied by the	22498
general assembly or taxing authority of any political subdivision	22499
of the state for the payment of the principal of or interest on	22500
the bonds. The bonds are payable solely from the revenues and	22501
funds pledged for their payment as authorized by this chapter,	22502
unless the revenue bonds are notes issued in anticipation of the	22503
issuance of the bonds, or the revenue bonds are refunded by	22504
refunding bonds issued under section 353.09 of the Revised Code,	22505
provided that the refunding bonds shall be payable solely from	22506
revenues and funds pledged for their payment as authorized by that	22507
section. All bonds shall contain on the face thereof a statement	22508
to the effect that the bonds, as to both principal and interest,	22509
are not debts of the state or any political subdivision of the	22510
state, but are payable solely from revenues and funds pledged for	22511
their payment.	22512

Sec. 353.14. All moneys, funds, properties, and assets	22513
acquired by the lake facilities authority under this chapter,	22514
whether as proceeds from the sale of lake facilities authority	22515
revenue bonds or as revenues, or otherwise, shall be held by it in	22516
trust for the purposes of carrying out its powers and duties,	22517
shall be used and reused as provided in this chapter, and shall at	22518
no time be part of other public funds. Such funds, except as	22519
otherwise provided in any resolution authorizing its lake	22520
facilities authority revenue bonds or in any trust agreement	22521
securing those bonds, or except when invested pursuant to section	22522
353.15 of the Revised Code, shall be kept in depositories selected	22523
by the lake facilities authority in the manner provided in Chapter	22524
135. of the Revised Code for the selection of eligible public	22525
depositories, and the deposits shall be secured as provided in	22526
that chapter. The resolution authorizing the issuance of such	22527
bonds or the trust agreement securing the bonds shall provide that	22528
any officer to whom, or any bank or trust company to which, such	22529
money is paid shall act as trustee of the money and hold and apply	22530
the money for the purposes for which the bonds are issued, subject	22531
to such conditions as Chapter 135. of the Revised Code and such	22532
resolutions or trust agreement provide.	22533

Sec. 353.15. Except as otherwise provided in any resolution	22534
authorizing the issuance of its lake facilities authority revenue	22535
bonds or in any trust agreement securing the bonds, moneys in the	22536
funds of the lake facilities authority in excess of current needs	22537
may be invested as permitted by sections 135.01 to 135.21 of the	22538
Revised Code or invested in linked deposit programs established by	22539
resolution of the board of directors in accordance with section	22540
135.80 of the Revised Code. Income from all investments of moneys	22541
in any fund shall be credited to funds as the lake facilities	22542
authority determines, subject to the provisions of any such	22543
resolution or trust agreement, and the investments may be sold at	22544
any time the lake facilities authority determines.	22545

Sec. 353.16. Bonds of a lake facilities authority and lake	22546
facilities authority revenue bonds are lawful investments of	22547
banks, societies for savings, trust companies, savings and loan	22548
associations, deposit guaranty associations, trustees,	22549
fiduciaries, trustees or other officers having charge of the bond	22550
retirement funds or sinking funds of port authorities and	22551
political subdivisions, and taxing districts of this state, the	22552
commissioners of the sinking fund of this state, the administrator	22553
of workers' compensation, the state teachers retirement system,	22554
the school employees retirement system, the public employees	22555
retirement system, the Ohio police and fire pension fund, and	22556
insurance companies, including domestic life insurance companies	22557
and domestic insurance companies other than life, and are	22558
acceptable as security for the deposit of public moneys.	22559

Sec. 511.261. If a township park district enters into an	22560
agreement for the sale or lease of mineral rights regarding a park	22561
within the district, any royalties or other moneys resulting from	22562
the sale or lease shall be deposited into a special fund that the	22563
board of park commissioners shall establish under division (F) of	22564
section 5705.09 of the Revised Code. The fund shall be used	22565
exclusively for maintenance of parks within the district and for	22566
the acquisition of new park lands.	22567

Sec. 517.271. Notwithstanding section 517.22 of the Revised	22568
Code, the company, association, or religious society that most	22569
recently owned and operated a cemetery currently owned by a board	22570
of township trustees may petition the probate court of the county	22571
in which the cemetery is located to transfer the ownership of the	22572
cemetery to the petitioner.	22573

If the court determines that the petitioner has met all of	22574
the following conditions, the court shall transfer the ownership	22575
of the cemetery to the petitioner and shall order the board to	22576
give the petitioner all necessary records and documents concerning	22577
the cemetery, including records of the board's sale of any lots	22578
pursuant to section 517.07 of the Revised Code:	22579

(A) The petitioner has the financial resources necessary to	22580
operate and maintain the cemetery;	22581

(B) The petitioner is in compliance with all applicable laws	22582
and administrative rules concerning the owners and operators of	22583
cemeteries, including registration under section 4767.02 of the	22584
Revised Code; and	22585

22586

Sec. 715.691. (A) As used in this section:

22587

(1) "Contracting party" means a municipal corporation that	22588
has entered into a joint economic development zone contract or any	22589
party succeeding to the municipal corporation, or a township that	22590
entered into a joint economic development zone contract with a	22591
municipal corporation.	22592

(2) "Zone" means a joint economic development zone designated	22593
under this section.	22594

(B) This section provides alternative procedures and	22595
requirements for creating and operating a joint economic	22596
development zone to those set forth in section 715.69 of the	22597
Revised Code. This section applies only if one of the contracting	22598
parties to the zone does not levy a municipal income tax under	22599
Chapter 718. of the Revised Code. A municipal corporation that	22600
does not levy a municipal income tax may enter into an agreement	22601
to create and operate a joint economic development zone under this	22602
section or under section 715.69 of the Revised Code.	22603

Two or more municipal corporations or one or more townships	22604
and one or more municipal corporations may enter into a contract	22605
whereby they agree to share in the costs of improvements for an	22606
area or areas located in one or more of the contracting parties	22607
that they designate as a joint economic development zone for the	22608
purpose of facilitating new or expanded growth for commercial or	22609
economic development in the state. The contract and zone shall	22610
meet the requirements of divisions (B) to (J) of this section.	22611

(C) The contract shall set forth each contracting party's	22612
contribution to the joint economic development zone. The	22613
contributions may be in any form that the contracting parties	22614
agree to, and may include, but are not limited to, the provision	22615
of services, money, or equipment. The contract may be amended,	22616
renewed, or terminated with the consent of the contracting	22617
parties. The contract shall continue in existence throughout the	22618
term it specifies and shall be binding on the contracting parties	22619
and on any entities succeeding to the contracting parties.	22620

(D) Before the legislative authority of any of the	22621
contracting parties enacts an ordinance or resolution approving a	22622
contract to designate a joint economic development zone, the	22623
legislative authority of each of the contracting parties shall	22624
hold a public hearing concerning the contract and zone. Each	22625
legislative authority shall provide at least thirty days' public	22626
notice of the time and place of the public hearing in a newspaper	22627
of general circulation in the municipal corporation or township.	22628
During the thirty-day period prior to the public hearing, all of	22629
the following documents shall be available for public inspection	22630
in the office of the clerk of the legislative authority of a	22631
municipal corporation that is a contracting party and in the	22632
office of the fiscal officer of a township that is a contracting	22633
party:	22634

(1) A copy of the contract designating the zone;

22635

(2) A description of the area or areas to be included in the	22636
zone, including a map in sufficient detail to denote the specific	22637
boundaries of the area or areas;	22638

(3) An economic development plan for the zone that includes a	22639
schedule for the provision of any new, expanded, or additional	22640
services, facilities, or improvements.	22641

A public hearing held under division (D) of this section	22642
shall allow for public comment and recommendations on the contract	22643
and zone. The contracting parties may include in the contract any	22644
of those recommendations prior to approval of the contract.	22645

(E) After the public hearings required under division (D) of	22646
this section have been held, each contracting party may enact an	22647
ordinance or resolution approving the contract to designate a	22648
joint economic development zone. After each contracting party has	22649
enacted an ordinance or resolution, the clerk of the legislative	22650
authority of a municipal corporation that is a contracting party	22651
and the fiscal officer of a township that is a contracting party	22652
shall file with the board of elections of each county within which	22653
a contracting party is located a copy of the ordinance or	22654
resolution approving the contract and shall direct the board of	22655
elections to submit the ordinance or resolution to the electors of	22656
the contracting party on the day of the next general, primary, or	22657
special election occurring at least ninety days after the	22658
ordinance or resolution is filed with the board of elections. If	22659
any of the contracting parties is a township, however, then only	22660
the township or townships shall submit the resolution to the	22661
electors.	22662

(F)(1) If a vote is required to approve a municipal	22663
corporation as a contracting party to a joint economic development	22664
zone under this section, the ballot shall be in the following	22665
form:	22666

"Shall the ordinance of the legislative authority of the	22667
(city or village) of (name of contracting party) approving the	22668
contract with (name of each other contracting party) for the	22669
designation of a joint economic development zone be approved?	22670

22671

		FOR THE ORDINANCE AND CONTRACT			22672
		AGAINST THE ORDINANCE AND CONTRACT	"		22673

22674

(2) If a vote is required to approve a township as a	22675
contracting party to a joint economic development zone under this	22676
section, the ballot shall be in the following form:	22677

"Shall the resolution of the board of township trustees of	22678
the township of (name of contracting party) approving the contract	22679
with (name of each other contracting party) for the designation of	22680
a joint economic development zone be approved?	22681

22682

		FOR THE RESOLUTION AND CONTRACT			22683
		AGAINST THE RESOLUTION AND CONTRACT	"		22684

22685

If a majority of the electors of each contracting party	22686
voting on the issue vote for the ordinance or resolution and	22687
contract, the ordinance or resolution shall become effective	22688
immediately and the contract shall go into effect immediately or	22689
in accordance with its terms.	22690

(G)(1) A board of directors shall govern each joint economic	22691
development zone created under section 715.691 of the Revised	22692
Code. The members of the board shall be appointed as provided in	22693
the contract. Each of the contracting parties shall appoint three	22694
members to the board. Terms for each member shall be for two	22695
years, each term ending on the same day of the month of the year	22696
as did the term that it succeeds. A member may be reappointed to	22697
the board.	22698

(2) Membership on the board is not the holding of a public	22699
office or employment within the meaning of any section of the	22700
Revised Code or any charter provision prohibiting the holding of	22701
other public office or employment. Membership on the board is not	22702
a direct or indirect interest in a contract or expenditure of	22703
money by a municipal corporation, township, county, or other	22704
political subdivision with which a member may be affiliated.	22705
Notwithstanding any provision of law or a charter to the contrary,	22706
no member of the board shall forfeit or be disqualified from	22707
holding any public office or employment by reason of membership on	22708
the board.	22709

(3) The board is a public body for the purposes of section	22710
121.22 of the Revised Code. Chapter 2744. of the Revised Code	22711
applies to the board and the zone.	22712

(H) The contract may grant to the board of directors	22713
appointed under division (G) of this section the power to adopt a	22714
resolution to levy an income tax within the zone. The income tax	22715
shall be used for the purposes of the zone and for the purposes of	22716
the contracting ~~municipal corporations~~parties pursuant to the	22717
contract. The income tax may be levied in the zone based on income	22718
earned by persons working within the zone and on the net profits	22719
of businesses located in the zone. The income tax is subject to	22720
Chapter 718. of the Revised Code, except that a vote shall be	22721
required by the electors residing in the zone to approve the rate	22722
of income tax unless a majority of the electors residing within	22723
the zone, as determined by the total number of votes cast in the	22724
zone for the office of governor at the most recent general	22725
election for that office, submit a petition to the board	22726
requesting that the election provided for in division (H)(1) of	22727
this section not be held. If no electors reside within the zone,	22728
then division (H)(3) of this section applies. The rate of the	22729
income tax shall be no higher than the highest rate being levied	22730
by a municipal corporation that is a party to the contract.	22731

(1) The board of directors may levy an income tax at a rate	22732
that is not higher than the highest rate being levied by a	22733
municipal corporation that is a party to the contract, provided	22734
that the rate of the income tax is first submitted to and approved	22735
by the electors of the zone at the succeeding regular or primary	22736
election, or a special election called by the board, occurring	22737
subsequent to ninety days after a certified copy of the resolution	22738
levying the income tax and calling for the election is filed with	22739
the board of elections. If the voters approve the levy of the	22740
income tax, the income tax shall be in force for the full period	22741
of the contract establishing the zone. No election shall be held	22742
under this section if a majority of the electors residing within	22743
the zone, determined as specified in division (H) of this section,	22744
submit a petition to that effect to the board of directors. Any	22745
increase in the rate of an income tax by the board of directors	22746
shall be approved by a vote of the electors of the zone and shall	22747
be in force for the remaining period of the contract establishing	22748
the zone.	22749

(2) Whenever a zone is located in the territory of more than	22750
one contracting party, a majority vote of the electors in each of	22751
the several portions of the territory of the contracting parties	22752
constituting the zone approving the levy of the tax is required	22753
before it may be imposed under division (H) of this section.	22754

(3) If no electors reside in the zone, no election for the	22755
approval or rejection of an income tax shall be held under this	22756
section, provided that where no electors reside in the zone, the	22757
rate of the income tax shall be no higher than the highest rate	22758
being levied by a municipal corporation that is a party to the	22759
contract.	22760

(4) The board of directors of a zone levying an income tax	22761
shall enter into an agreement with one of the municipal	22762
corporations that is a party to the contract to administer,	22763
collect, and enforce the income tax on behalf of the zone.	22764

(5) The board of directors of a zone shall publish or post	22765
public notice within the zone of any resolution adopted levying an	22766
income tax in the same manner required of municipal corporations	22767
under sections 731.21 and 731.25 of the Revised Code.	22768

(I)(1) If for any reason a contracting party reverts to or	22769
has its boundaries changed so that it is classified as a township	22770
that is the entity succeeding to that contracting party, the	22771
township is considered to be a municipal corporation for the	22772
purposes of the contract for the full period of the contract	22773
establishing the joint economic development zone, except that if	22774
that contracting party is administering, collecting, and enforcing	22775
the income tax on behalf of the district as provided in division	22776
(H)(4) of this section, the contract shall be amended to allow one	22777
of the other contracting parties to administer, collect, and	22778
enforce that tax.	22779

(2) Notwithstanding any other section of the Revised Code, if	22780
there is any change in the boundaries of a township so that a	22781
municipal corporation once located within the township is no	22782
longer so located, the township shall remain in existence even	22783
though its remaining unincorporated area contains less than	22784
twenty-two square miles, if the township has been or becomes a	22785
party to a contract creating a joint economic development zone	22786
under this section or the contract creating that joint economic	22787
development zone under this section is terminated or repudiated	22788
for any reason by any party or person. The township shall continue	22789
its existing status in all respects, including having the same	22790
form of government and the same elected board of trustees as its	22791
governing body. The township shall continue to receive all of its	22792
tax levies and sources of income as a township in accordance with	22793
any section of the Revised Code, whether the levies and sources of	22794
income generate millage within the ten-mill limitation or in	22795
excess of the ten-mill limitation. The name of the township may be	22796
changed to the name of the contracting party appearing in the	22797
contract creating a joint economic development zone under this	22798
section, so long as the name does not conflict with any other name	22799
in the state that has been certified by the secretary of state.	22800
The township shall have all of the powers set out in sections	22801
715.79, 715.80, and 715.81 of the Revised Code.	22802

(J) If, after creating and operating a joint economic	22803
development zone under this section, a contracting party that did	22804
not levy a municipal income tax under Chapter 718. of the Revised	22805
Code levies such a tax, the tax shall not apply to the zone for	22806
the full period of the contract establishing the zone, if the	22807
board of directors of the zone has levied an income tax as	22808
provided in division (H) of this section.	22809

Sec. 721.01. Municipal corporations have special power to	22810
sell or lease real estate or to sell personal property belonging	22811
to the municipal corporation, when such real estate or personal	22812
property is not needed for any municipal purpose. Such power shall	22813
be exercised in the manner provided by ~~sections 721.01 to 721.26,~~	22814
~~inclusive, of the Revised Code~~this chapter.	22815

Sec. 721.03. No contract, except as provided in section	22816
721.28 of the Revised Code, for the sale or lease of real estate	22817
belonging to a municipal corporation shall be made unless	22818
authorized by an ordinance, approved by a two-thirds vote of the	22819
members of the legislative authority of such municipal	22820
corporation, and by the board or officer having supervision or	22821
management of such real estate. When the contract is so	22822
authorized, it shall be made in writing by such board or officer,	22823
and, except as provided in section 721.27 or 721.29 of the Revised	22824
Code, only with the highest bidder, after advertisement once a	22825
week for five consecutive weeks in a newspaper of general	22826
circulation within the municipal corporation or as provided in	22827
section 7.16 of the Revised Code. Such board or officer may reject	22828
any bids and readvertise until all such real estate is sold or	22829
leased.	22830

Sec. 721.29. The legislative authority of a city may sell to	22831
a board of county commissioners real estate belonging to the city	22832
that is no longer needed for city purposes upon such lawful terms	22833
as are agreed upon between the city and the board of county	22834
commissioners, without competitive bidding as required by section	22835
721.03 of the Revised Code. No such sale shall be made unless the	22836
contract for the sale is authorized by ordinance, approved by a	22837
two-thirds vote of the members of the legislative authority of the	22838
city, and by the board or officer having supervision or management	22839
of the real estate.	22840

Sec. 731.091. (A) The legislative authority of a village may,	22841
by the adoption of an ordinance or resolution to eliminate	22842
staggered terms of office, determine that all members of the	22843
legislative authority shall be elected at the same municipal	22844
election as provided for in this section.	22845

(B) At the regular municipal election occurring not less than	22846
ninety days after the certification of the ordinance or resolution	22847
to the board of elections eliminating staggered terms of office,	22848
the following apply:	22849

(1) If there are six members of the legislative authority,	22850
~~three~~the number of members eligible for election at that regular	22851
municipal election shall be elected ~~at the next regular municipal~~	22852
~~election for~~to two-year nonstaggered terms, and all members of	22853
the legislative authority shall be elected to four-year	22854
nonstaggered terms at all following municipal elections.	22855

(2) If there are five members of the legislative authority,	22856
~~three~~a number of members that is one less than the number of	22857
members that would otherwise be eligible for election at that	22858
regular municipal election but for the first-time implementation	22859
of the new membership of five, or, in the case of a village that	22860
has previously reduced its number of members to five, then the	22861
number of members eligible for election at that regular municipal	22862
election shall be elected ~~at the next municipal election for~~to	22863
two-year nonstaggered terms, and all members shall be elected to	22864
four-year nonstaggered terms at all following municipal elections.	22865

Sec. 737.41. (A) The legislative authority of a municipal	22866
corporation in which is established a municipal court, other than	22867
a county-operated municipal court, that has a department of	22868
probation shall establish in the municipal treasury a municipal	22869
probation services fund. The fund shall contain all moneys paid to	22870
the treasurer of the municipal corporation under section 2951.021	22871
of the Revised Code for deposit into the fund. The treasurer of	22872
the municipal corporation shall disburse the money contained in	22873
the fund at the request of the municipal court department of	22874
probation, for use only by that department for specialized staff,	22875
purchase of equipment, purchase of services, reconciliation	22876
programs for offenders and victims, other treatment programs,	22877
including ~~alcohol and drug~~community addiction ~~programs~~services	22878
providers certified under section ~~3793.06~~5119.36 of the Revised	22879
Code, determined to be appropriate by the chief probation officer,	22880
and other similar expenses related to placing offenders under a	22881
community control sanction.	22882

(B) Any money in a municipal probation services fund at the	22883
end of a fiscal year shall not revert to the treasury of the	22884
municipal corporation but shall be retained in the fund.	22885

22886

(1) "County-operated municipal court" has the same meaning as	22887
in section 1901.03 of the Revised Code.	22888

(2) "Community control sanction" has the same meaning as in	22889
section 2929.01 of the Revised Code.	22890

Sec. 742.14. (A) The board of trustees of the Ohio police	22891
and fire pension fund shall have prepared triennially by or under	22892
the supervision of an actuary an actuarial valuation of the	22893
pension assets, liabilities, and funding requirements of the Ohio	22894
police and fire pension fund as established pursuant to sections	22895
742.01 to 742.61 of the Revised Code. The actuary shall complete	22896
the valuation in accordance with actuarial standards of practice	22897
promulgated by the actuarial standards board of the American	22898
academy of actuaries and prepare a report of the valuation. The	22899
report shall include all of the following:	22900

(1) A summary of the benefit provisions evaluated;

22901

(2) A summary of the census data and financial information	22902
used in the valuation;	22903

(3) A description of the actuarial assumptions, actuarial	22904
cost method, and asset valuation method used in the valuation,	22905
including a statement of the assumed rate of payroll growth and	22906
assumed rate of growth or decline in the number of members of the	22907
fund contributing to the pension fund;	22908

(4) A summary of findings that includes a statement of the	22909
actuarial accrued pension liabilities and unfunded actuarial	22910
accrued pension liabilities;	22911

(5) A schedule showing the effect of any changes in the	22912
benefit provisions, actuarial assumptions, or cost methods since	22913
the last triennial actuarial valuation;	22914

(6) A statement of whether employee and employer	22915
contributions to the pension fund are expected to be sufficient to	22916
satisfy the funding objectives established by the board.	22917

The first triennial report shall be made not later than	22918
November 1, 2013, to the Ohio retirement study council, the	22919
director of budget and management, and the standing committees of	22920
the house of representatives and the senate with primary	22921
responsibility for retirement legislation immediately upon its	22922
availability and thereafter triennially, not later than the first	22923
day of November.	22924

(B) At such times as the board determines, and at least once	22925
in each quinquennial period, the board shall have prepared by or	22926
under the supervision of an actuary an actuarial investigation of	22927
the mortality, service, and other experience of the members of the	22928
fund and of other system retirants, as defined in section 742.26	22929
of the Revised Code, who are members of a police department or a	22930
fire department to update the actuarial assumptions used in the	22931
actuarial valuation required by division (A) of this section. The	22932
actuary shall prepare a report of the actuarial investigation. The	22933
report shall be prepared and any recommended changes in actuarial	22934
assumptions shall be made in accordance with the actuarial	22935
standards of practice promulgated by the actuarial standards board	22936
of the American academy of actuaries. The report shall include all	22937
of the following:	22938

(1) A summary of relevant decrement and economic assumption	22939
experience observed over the period of the investigation;	22940

(2) Recommended changes in actuarial assumptions to be used	22941
in subsequent actuarial valuations required by division (A) of	22942
this section;	22943

(3) A measurement of the financial effect of the recommended	22944
changes in actuarial assumptions;	22945

(4) If the investigation required by this division includes	22946
the investigation required by division (E) of this section, a	22947
report of the result of that investigation.	22948

The board shall submit the report to the Ohio retirement	22949
study council and the standing committees of the house of	22950
representatives and the senate with primary responsibility for	22951
retirement legislation not later than the first day of November	22952
following the last fiscal year of the period the report covers.	22953

(C) The board shall have prepared by or under the supervision	22954
of an actuary an actuarial analysis of any introduced legislation	22955
expected to have a measurable financial impact on the pension	22956
fund. The actuarial analysis shall be completed in accordance with	22957
the actuarial standards of practice promulgated by the actuarial	22958
standards board of the American academy of actuaries. The actuary	22959
shall prepare a report of the actuarial analysis, which shall	22960
include all of the following:	22961

(1) A summary of the statutory changes that are being	22962
evaluated;	22963

(2) A description of or reference to the actuarial	22964
assumptions and actuarial cost method used in the report;	22965

(3) A description of the participant group or groups included	22966
in the report;	22967

(4) A statement of the financial impact of the legislation,	22968
including the resulting increase, if any, in the employer normal	22969
cost percentage; the increase, if any, in actuarial accrued	22970
liabilities; and the per cent of payroll that would be required to	22971
amortize the increase in actuarial accrued liabilities as a level	22972
per cent of covered payroll for all active members of the fund	22973
over a period not to exceed thirty years;	22974

(5) A statement of whether the scheduled contributions to the	22975
system after the proposed change is enacted are expected to be	22976
sufficient to satisfy the funding objectives established by the	22977
board.	22978

Not later than sixty days from the date of introduction of	22979
the legislation, the board shall submit a copy of the actuarial	22980
analysis to the legislative service commission, the standing	22981
committees of the house of representatives and the senate with	22982
primary responsibility for retirement legislation, and the Ohio	22983
retirement study council.	22984

(D) The board shall have prepared triennially a report giving	22985
a full accounting of the revenues and costs relating to the	22986
provision of benefits under section 742.45 of the Revised Code.	22987
The first triennial report shall be made as of December 31, 2013,	22988
and the thirty-first day of December triennially thereafter. The	22989
report shall include the following:	22990

(1) A description of the statutory authority for the benefits	22991
provided;	22992

(2) A summary of the benefits;

22993

(3) A summary of the eligibility requirements for the	22994
benefits;	22995

(4) A statement of the number of participants eligible for	22996
the benefits;	22997

(5) A description of the accounting, asset valuation, and	22998
funding method used to provide the benefits;	22999

(6) A statement of the net assets available for the provision	23000
of the benefits as of the last day of the fiscal year;	23001

(7) A statement of any changes in the net assets available	23002
for the provision of benefits, including participant and employer	23003
contributions, net investment income, administrative expenses, and	23004
benefits provided to participants, as of the last day of the	23005
fiscal year;	23006

(8) For the last six consecutive fiscal years, a schedule of	23007
the net assets available for the benefits, the annual cost of	23008
benefits, administrative expenses incurred, and annual employer	23009
contributions allocated for the provision of benefits;	23010

(9) A description of any significant changes that affect the	23011
comparability of the report required under this division;	23012

(10) A statement of the amount paid under division (B) of	23013
section 742.45 of the Revised Code.	23014

The board shall submit the report to the Ohio retirement	23015
study council, the director of budget and management, and the	23016
standing committees of the house of representatives and the senate	23017
with primary responsibility for retirement legislation immediately	23018
upon its availability and not later than the thirtieth day of June	23019
following the year for which the report was made.	23020

(E) At least once in each quinquennial period, the board	23021
shall have prepared by or under the supervision of an actuary an	23022
actuarial investigation of the deferred retirement option plan	23023
established under section 742.43 of the Revised Code. The	23024
investigation shall include an examination of the financial	23025
impact, if any, on the fund of offering the plan to members.	23026

The actuary shall prepare a report of the actuarial	23027
investigation. The report shall include a determination of whether	23028
the plan, as established or modified, has a negative financial	23029
impact on the fund and, if so, recommendations on how to modify	23030
the plan to eliminate the negative financial impact. If the	23031
actuarial report indicates that the plan has a negative financial	23032
impact on the fund, the board may modify the plan or cease to	23033
allow members who have not already done so to elect to participate	23034
in the plan. The firefighter and police officers employers'	23035
contributions shall not be increased to offset any negative	23036
financial impact of the plan.	23037

If the board ceases to allow members to elect to participate	23038
in the plan, the rights and obligations of members who have	23039
already elected to participate shall not be altered.	23040

The board may include the actuarial investigation required	23041
under this division as part of the actuarial investigation	23042
required under division (B) of this section. If the report of the	23043
actuarial investigation required by this division is not included	23044
in the report required by division (B) of this section, the board	23045
shall submit the report required by this division to the Ohio	23046
retirement study council and the standing committees of the house	23047
of representatives and the senate with primary responsibility for	23048
retirement legislation not later than the first day of November	23049
following the last fiscal year of the period the report covers.	23050

Sec. 755.06. (A) The board of park commissioners shall have	23051
the expenditures of all moneys appropriated by the legislative	23052
authority of the city or received from any other source for the	23053
purchase, acquisition, improvement, maintenance, equipment, or	23054
enjoyment of all property mentioned in section 755.05 of the	23055
Revised Code, but no liability shall be incurred or expenditure	23056
made unless the money required therefor is in the treasury to the	23057
credit of the park fund and not appropriated for any other	23058
purpose.	23059

(B) Notwithstanding division (A) of this section, if the	23060
legislative authority of a municipal corporation enters into an	23061
agreement for the sale or lease of mineral rights regarding lands	23062
that the board of park commissioners manages or controls, any	23063
royalties or other moneys resulting from the sale or lease shall	23064
be deposited into a special fund that the legislative authority	23065
shall establish under division (F) of section 5705.09 of the	23066
Revised Code. The board of park commissioners shall use the fund	23067
exclusively for maintenance of lands that the board manages or	23068
controls and for the acquisition of new park lands.	23069

Sec. 901.21. (A) As used in this section and section 901.22	23070
of the Revised Code:	23071

(1) "Agricultural easement" has the same meaning as in	23072
section 5301.67 of the Revised Code.	23073

(2) "Agriculture" means those activities occurring on land	23074
devoted exclusively to agricultural use, as defined in section	23075
5713.30 of the Revised Code, or on land that constitutes a	23076
homestead.	23077

(3) "Homestead" means the portion of a farm on which is	23078
located a dwelling house, yard, or outbuildings such as a barn or	23079
garage.	23080

(B) The director of agriculture may acquire real property	23081
used predominantly in agriculture and agricultural easements by	23082
gift, devise, or bequest if, at the time an easement is granted,	23083
such an easement is on land that is valued for purposes of real	23084
property taxation at its current value for agricultural use under	23085
section 5713.31 of the Revised Code or that constitutes a	23086
homestead. Any terms may be included in an agricultural easement	23087
so acquired that are necessary or appropriate to preserve on	23088
behalf of the grantor of the easement the favorable tax	23089
consequences of the gift, devise, or bequest under the "Internal	23090
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	23091
The director, by any such means or by purchase or lease, may	23092
acquire, or acquire the use of, stationary personal property or	23093
equipment that is located on land acquired in fee by the director	23094
under this section and that is necessary or appropriate for the	23095
use of the land predominantly in agriculture.	23096

(C) The director may include, in an agricultural easement	23097
acquired under division (B) of this section, a provision to	23098
preserve a unique natural or physical feature on the land so long	23099
as the use of the land remains predominantly agricultural.	23100

(D) The director may do all things necessary or appropriate	23101
to retain the use of real property acquired in fee under division	23102
(B) of this section predominantly in agriculture, including,	23103
without limitation, performing any of the activities described in	23104
division (A)(1) or (2) of section 5713.30 of the Revised Code or	23105
entering into contracts to lease or rent the real property so	23106
acquired to persons or governmental entities that will use the	23107
land predominantly in agriculture.	23108

~~(D)~~(E)(1) When the director considers it to be necessary or	23109
appropriate, the director may sell real property acquired in fee,	23110
and stationary personal property or equipment acquired by gift,	23111
devise, bequest, or purchase, under division (B) of this section	23112
on such terms as the director considers to be advantageous to this	23113
state.	23114

(2) An agricultural easement acquired under division (B) of	23115
this section may be extinguished under the circumstances	23116
prescribed, and in accordance with the terms and conditions set	23117
forth, in the instrument conveying the agricultural easement.	23118

~~(E)~~(F) There is hereby created in the state treasury the	23119
agricultural easement purchase fund. The fund shall consist of the	23120
proceeds received from the sale of real and personal property	23121
under division ~~(D)~~(E) of this section; moneys received due to the	23122
extinguishment of agricultural easements acquired by the director	23123
under division (B) of this section or section 5301.691 of the	23124
Revised Code; moneys received due to the extinguishment of	23125
agricultural easements purchased with the assistance of matching	23126
grants made under section 901.22 of the Revised Code; gifts,	23127
bequests, devises, and contributions received by the director for	23128
the purpose of acquiring agricultural easements; and grants	23129
received from public or private sources for the purpose of	23130
purchasing agricultural easements. The fund shall be administered	23131
by the director, and moneys in the fund shall be used by the	23132
director exclusively to purchase agricultural easements under	23133
division (A) of section 5301.691 of the Revised Code and provide	23134
matching grants under section 901.22 of the Revised Code to	23135
municipal corporations, counties, townships, soil and water	23136
conservation districts established under Chapter 1515. of the	23137
Revised Code, and charitable organizations described in division	23138
(B) of section 5301.69 of the Revised Code for the purchase of	23139
agricultural easements. Money in the fund shall be used only to	23140
purchase agricultural easements on land that is valued for	23141
purposes of real property taxation at its current value for	23142
agricultural use under section 5713.31 of the Revised Code or that	23143
constitutes a homestead when the easement is purchased.	23144

~~(F)~~(G) There is hereby created in the state treasury the	23145
clean Ohio agricultural easement fund. Twelve and one-half per	23146
cent of net proceeds of obligations issued and sold pursuant to	23147
sections 151.01 and 151.09 of the Revised Code shall be deposited	23148
into the fund. The fund also shall consist of money credited to it	23149
under section 151.50 of the Revised Code. The fund shall be used	23150
by the director for the purposes of this section, section 901.22	23151
of the Revised Code, and the provisions of sections 5301.67 to	23152
5301.70 of the Revised Code governing agricultural easements.	23153
Investment earnings of the fund shall be credited to the fund and	23154
may be used to pay costs incurred by the director in administering	23155
those sections and provisions.	23156

~~(G)~~(H) The term of an agricultural easement purchased wholly	23157
or in part with money from the clean Ohio agricultural easement	23158
fund or the agricultural easement purchase fund shall be perpetual	23159
and shall run with the land.	23160

Sec. 901.22. (A) The director of agriculture, in accordance	23161
with Chapter 119. of the Revised Code, shall adopt rules that do	23162
all of the following:	23163

(1) Establish procedures and eligibility criteria for making	23164
matching grants to municipal corporations, counties, townships,	23165
soil and water conservation districts established under Chapter	23166
1515. of the Revised Code, and charitable organizations described	23167
in division (B) of section 5301.69 of the Revised Code for the	23168
purchase of agricultural easements. With respect to agricultural	23169
easements that are purchased or proposed to be purchased with such	23170
matching grants that consist in whole or in part of moneys from	23171
the clean Ohio agricultural easement fund created in section	23172
901.21 of the Revised Code, the rules shall establish all of the	23173
following:	23174

(a) Procedures for all of the following:

23175

(i) Soliciting and accepting applications for matching	23176
grants;	23177

(ii) Participation by local governments and by the public in	23178
the process of making matching grants to charitable organizations;	23179

(iii) Notifying local governments, charitable organizations,	23180
and organizations that represent the interests of farmers of the	23181
ranking system established in rules adopted under division	23182
(A)(1)(b) of this section.	23183

(b) A ranking system for applications for the matching grants	23184
that is based on the soil type, proximity of the land or other	23185
land that is conducive to agriculture as defined by rules adopted	23186
under this section and that is the subject of an application to	23187
other agricultural land or other land that is conducive to	23188
agriculture as defined by rules adopted under this section and	23189
that is already or is in the process of becoming permanently	23190
protected from development, farm stewardship, development	23191
pressure, and, if applicable, a local comprehensive land use plan	23192
involved with a proposed agricultural easement. The rules shall	23193
require that preference be given to proposed agricultural	23194
easements that involve the greatest proportion of all of the	23195
following:	23196

(i) Prime soils, unique or locally important soils,	23197
microclimates, or similar features;	23198

(ii) Land that is adjacent to or that is in close proximity	23199
to other agricultural land or other land that is conducive to	23200
agriculture as defined by rules adopted under this section and	23201
that is already or is in the process of becoming permanently	23202
protected from development, by agricultural easement or otherwise,	23203
so that a buffer would exist between the land involving the	23204
proposed agricultural easement and areas that have been developed	23205
or likely will be developed for purposes other than agriculture;	23206

(iii) The use of best management practices, including	23207
federally or state approved conservation plans, and a history of	23208
substantial compliance with applicable federal and state laws;	23209

(iv) Development pressure that is imminent, but not a result	23210
of current location in the direct path of urban development;	23211

(v) Areas identified for agricultural protection in local	23212
comprehensive land use plans.	23213

(c) Any other criteria that the director determines are	23214
necessary for selecting applications for matching grants;	23215

(d) Requirements regarding the information that must be	23216
included in the annual monitoring report that must be prepared for	23217
an agricultural easement under division (E)(2) of section 5301.691	23218
of the Revised Code, procedures for submitting a copy of the	23219
report to the office of farmland preservation in the department of	23220
agriculture, and requirements and procedures governing corrective	23221
actions that may be necessary to enforce the terms of the	23222
agricultural easement.	23223

(2) Establish provisions that shall be included in the	23224
instrument conveying to a municipal corporation, county, township,	23225
soil and water conservation district, or charitable organization	23226
any agricultural easement purchased with matching grant funds	23227
provided by the director under this section, including, without	23228
limitation, all of the following provisions:	23229

(a) A provision stating that an easement so purchased may be	23230
extinguished only if an unexpected change in the conditions of or	23231
surrounding the land that is subject to the easement makes	23232
impossible or impractical the continued use of the land for the	23233
purposes described in the easement, or if the requirements of the	23234
easement are extinguished by judicial proceedings;	23235

(b) A provision requiring that, upon the sale, exchange, or	23236
involuntary conversion of the land subject to the easement, the	23237
holder of the easement shall be paid an amount of money that is at	23238
least equal to the proportionate value of the easement compared to	23239
the total value of the land at the time the easement was acquired;	23240

(c) A provision requiring that, upon receipt of the portion	23241
of the proceeds of a sale, exchange, or involuntary conversion	23242
described in division (A)(2)(b) of this section, the municipal	23243
corporation, county, township, soil and water conservation	23244
district, or charitable organization remit to the director an	23245
amount of money equal to the percentage of the cost of purchasing	23246
the easement it received as a matching grant under this section.	23247

Moneys received by the director pursuant to rules adopted	23248
under division (A)(2)(c) of this section shall be credited to the	23249
agricultural easement purchase fund created in section 901.21 of	23250
the Revised Code.	23251

(3) Establish a provision that provides a charitable	23252
organization, municipal corporation, township, county, or soil and	23253
water conservation district with the option of purchasing	23254
agricultural easements either in installments or with a lump sum	23255
payment. The rules shall include a requirement that a charitable	23256
organization, municipal corporation, township, county, or soil and	23257
water conservation district negotiate with the seller of the	23258
agricultural easement concerning any installment payment terms,	23259
including the dates and amounts of payments and the interest rate	23260
on the outstanding balance. The rules also shall require the	23261
director to approve any method of payment that is undertaken in	23262
accordance with the rules adopted under division (A)(3) of this	23263
section.	23264

(4) Establish any other requirements that the director	23265
considers to be necessary or appropriate to implement or	23266
administer a program to make matching grants under this section	23267
and monitor those grants.	23268

(B) The director may develop guidelines regarding the	23269
acquisition of agricultural easements by the department of	23270
agriculture and the provisions of instruments conveying those	23271
easements. The director may make the guidelines available to	23272
public and private entities authorized to acquire and hold	23273
agricultural easements.	23274

(C) The director may provide technical assistance in	23275
developing a program for the acquisition and monitoring of	23276
agricultural easements to public and private entities authorized	23277
to hold agricultural easements. The technical assistance may	23278
include, without limitation, reviewing and providing advisory	23279
recommendations regarding draft instruments conveying agricultural	23280
easements.	23281

(D)(1) The director may make matching grants from the	23282
agricultural easement purchase fund and the clean Ohio	23283
agricultural easement fund to municipal corporations, counties,	23284
townships, soil and water conservation districts, and charitable	23285
organizations to assist those political subdivisions and	23286
charitable organizations in purchasing agricultural easements.	23287
Application for a matching grant shall be made on forms prescribed	23288
and provided by the director. The matching grants shall be made in	23289
compliance with the criteria and procedures established in rules	23290
adopted under this section. Instruments conveying agricultural	23291
easements purchased with matching grant funds provided under this	23292
section, at a minimum, shall include the mandatory provisions set	23293
forth in those rules.	23294

Matching grants made under this division using moneys from	23295
the clean Ohio agricultural easement fund created in section	23296
901.21 of the Revised Code may provide up to seventy-five per cent	23297
of the value of an agricultural easement as determined by a	23298
general real estate appraiser who is certified under Chapter 4763.	23299
of the Revised Code or as determined through a points-based	23300
appraisal system established under division (D)(2) of this	23301
section. Not less than twenty-five per cent of the value of the	23302
agricultural easement shall be provided by the recipient of the	23303
matching grant or donated by the person who is transferring the	23304
easement to the grant recipient. The amount of such a matching	23305
grant used for the purchase of a single agricultural easement	23306
shall not exceed one million dollars.	23307

(2) The director shall establish a points-based appraisal	23308
system for the purposes of division (D)(1) of this section. The	23309
director may include any or all of the following factors in the	23310
system:	23311

(a) Whether the applicable county auditor has determined that	23312
the land is land that is devoted exclusively to agriculture for	23313
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	23314

(b) Changes in land values following the completion of the	23315
applicable county auditor's reappraisal or triennial update;	23316

23317

(d) Proximity of the land to land that is already subject to	23318
an agricultural easement, conservation easement created under	23319
sections 5301.67 to 5301.70 of the Revised Code, or similar	23320
land-use limitation;	23321

(e) Proximity of the land to water and sewer lines, road	23322
interchanges, and nonagricultural development;	23323

(f) Parcel size and roadway frontage of the land;

23324

(g) Existence of an agreement entered into under division (D)	23325
of section 1515.08 of the Revised Code or of an operation and	23326
management plan developed under division (A) of section 1511.021	23327
of the Revised Code;	23328

(h) Existence of a comprehensive plan that is adopted under	23329
section 303.02 or 519.02 of the Revised Code or that is adopted by	23330
the planning commission of a municipal corporation under section	23331
713.06 of the Revised Code;	23332

(i) Any other factors that the director determines are	23333
necessary for inclusion in the system.	23334

(E) An agricultural easement acquired as a result of a	23335
matching grant awarded under division (D) of this section may	23336
include a provision to preserve a unique natural or physical	23337
feature on the land so long as the use of the land remains	23338
predominantly agricultural.	23339

(F) For any agricultural easement purchased with a matching	23340
grant that consists in whole or in part of moneys from the clean	23341
Ohio agricultural easement fund, the director shall be named as a	23342
grantee on the instrument conveying the easement, as shall the	23343
municipal corporation, county, township, soil and water	23344
conservation district, or charitable organization that receives	23345
the grant.	23346

~~(F)~~(G)(1) The director shall monitor and evaluate the	23347
effectiveness and efficiency of the agricultural easement program	23348
as a farmland preservation tool. On or before July 1, 1999, and	23349
the first day of July of each year thereafter, the director shall	23350
prepare and submit a report to the chairpersons of the standing	23351
committees of the senate and the house of representatives that	23352
consider legislation regarding agriculture. The report shall	23353
consider and address the following criteria to determine the	23354
program's effectiveness:	23355

(a) The number of agricultural easements purchased during the	23356
preceding year;	23357

(b) The location of those easements;

23358

(c) The number of acres of land preserved for agricultural	23359
use;	23360

(d) The amount of money used by a municipal corporation,	23361
township, county, or soil and water conservation district from any	23362
fund to purchase the agricultural easements;	23363

(e) The number of state matching grants given to purchase the	23364
agricultural easements;	23365

(f) The amount of state matching grant moneys used to	23366
purchase the agricultural easements.	23367

(2) The report also shall consider and include, at a minimum,	23368
the following information for each county to determine the	23369
program's efficiency:	23370

(a) The total number of acres in the county;

23371

(b) The total number of acres in current agricultural use;

23372

(c) The total number of acres preserved for agricultural use	23373
in the preceding year;	23374

(d) The average cost, per acre, of land preserved for	23375
agricultural use in the preceding year.	23376

Sec. 901.23. (A) There is hereby created the farmland	23377
preservation advisory board consisting of twelve voting members	23378
appointed by the director of agriculture as follows:	23379

(1) One member who is a county commissioner or a	23380
representative of a statewide organization that represents county	23381
commissioners;	23382

(2) One member who is a township trustee or a representative	23383
of a statewide organization that represents township trustees;	23384

(3) One representative of the Ohio state university;

23385

(4) One representative of a ~~national~~ nonprofit organization	23386
dedicated to the preservation of farmland;	23387

(5) One representative each of development, environmental,	23388
planning, and soil and water conservation interests;	23389

(6) One farmer from each of the state's four quadrants.

23390

Terms of office shall be staggered and shall be for three	23391
years, with each term ending on the same day of the same month as	23392
did the term that it succeeds. Each member shall hold office from	23393
the date of appointment until the end of the term for which the	23394
member was appointed, except that the term of any member who is a	23395
county commissioner or township trustee shall end when the member	23396
ceases to serve as a county commissioner or township trustee.	23397

Members may be reappointed. Vacancies shall be filled in the	23398
manner provided for original appointments. Any member appointed to	23399
fill a vacancy occurring prior to the expiration date of the term	23400
for which the member was appointed shall serve for the remainder	23401
of that term. A member shall continue to serve subsequent to the	23402
expiration date of the member's term until the member's successor	23403
takes office or until a period of sixty days has elapsed,	23404
whichever occurs first. Members shall serve at the pleasure of the	23405
director.	23406

The executive director of the office of farmland preservation	23407
in the department of agriculture or another employee of the	23408
department who is designated by the director shall serve as the	23409
nonvoting chairperson of the board. The director annually shall	23410
designate one member of the board to serve as its	23411
vice-chairperson. The board may adopt bylaws governing its	23412
operation and shall meet at a time when the director, or the	23413
director's designee, considers it appropriate in order for the	23414
board to provide advice as required under division (B) of this	23415
section.	23416

(B) The board shall provide advice to the director regarding	23417
all of the following:	23418

(1) The design and implementation of an agricultural easement	23419
purchase program;	23420

(2) The selection of applications that will be awarded	23421
matching grants under division (D) of section 901.22 of the	23422
Revised Code for the purchase of agricultural easements;	23423

(3) The design and implementation of any other statewide	23424
farmland protection measures that the director considers	23425
appropriate.	23426

(C) Serving as a member of the board does not constitute	23427
holding a public office or position of employment under the laws	23428
of this state and does not constitute grounds for removal of	23429
public officers or employees from their offices or positions of	23430
employment.	23431

(D) A board member shall be reimbursed for actual and	23432
necessary expenses incurred in the discharge of duties as a board	23433
member.	23434

Sec. 903.11. (A) The director of agriculture may enter into	23435
contracts or agreements to carry out the purposes of this chapter	23436
with any public or private person, including ~~the Ohio state~~	23437
~~university~~OSU extension ~~service~~, the natural resources	23438
conservation service in the United States department of	23439
agriculture, the environmental protection agency, the division of	23440
soil and water resources in the department of natural resources,	23441
and soil and water conservation districts established under	23442
Chapter 1515. of the Revised Code. However, the director shall not	23443
enter into a contract or agreement with a private person for the	23444
review of applications for permits to install, permits to operate,	23445
NPDES permits, or review compliance certificates that are issued	23446
under this chapter or for the inspection of a facility regulated	23447
under this chapter or with any person for the issuance of any of	23448
those permits or certificates or for the enforcement of this	23449
chapter and rules adopted under it.	23450

(B) The director may administer grants and loans using moneys	23451
from the federal government and other sources, public or private,	23452
for carrying out any of the director's functions. Nothing in this	23453
chapter shall be construed to limit the eligibility of owners or	23454
operators of animal feeding facilities or other agricultural	23455
enterprises to receive moneys from the water pollution control	23456
loan fund established under section 6111.036 of the Revised Code	23457
and the nonpoint source pollution management fund established	23458
under section 6111.037 of the Revised Code.	23459

The director of agriculture shall provide the director of	23460
environmental protection with written recommendations for	23461
providing financial assistance from those funds to agricultural	23462
enterprises. The director of environmental protection shall	23463
consider the recommendations in developing priorities for	23464
providing financial assistance from the funds.	23465

Sec. 903.30. (A) No person shall violate division (B)(1),	23466
(C)(1), (K), or (M)(1) or (2) of section 903.08 of the Revised	23467
Code or the NPDES provisions of a permit to operate.	23468

(B) No person shall violate or fail to perform any duty	23469
required by sections 903.01 to 903.07 and 903.12 of the Revised	23470
Code, violate a rule, or violate an order or term or condition of	23471
a permit issued by the director of agriculture under those	23472
sections or rules.	23473

(C) The attorney general, upon the written request of the	23474
director, shall prosecute any person who violates division (A) or	23475
(B) of this section.	23476

Sec. 903.99. (A) Whoever negligently violates division	23477
(A)~~(2)~~ of section ~~903.02 or division (A)(2) of section 903.03~~	23478
903.30 of the Revised Code ~~is guilty of a misdemeanor of the third~~	23479
~~degree on a first offense, a misdemeanor of the second degree on a~~	23480
~~second offense, and a misdemeanor of the first degree on a third~~	23481
~~or subsequent offense. Each ten-day period that the offense~~	23482
~~continues~~shall be fined not more than ten thousand dollars or	23483
imprisoned for not more than ninety days, or both. Each day of	23484
violation constitutes a separate offense. For purposes of this	23485
division, notwithstanding division (D) of section 2901.22 of the	23486
Revised Code, a person acts negligently when, because of a lapse	23487
from due care, the person fails to perceive or avoid a risk that	23488
the person's conduct may cause a certain result or may be of a	23489
certain nature. A person is negligent with respect to	23490
circumstances when, because of a lapse from due care, the person	23491
fails to perceive or avoid a risk that such circumstances may	23492
exist.	23493

(B) Whoever recklessly violates ~~the terms and conditions of a~~	23494
~~permit to install issued under section 903.02 of the Revised Code~~	23495
~~or of a permit to operate issued under section 903.03 of the~~	23496
~~Revised Code,~~ division (A) or (B)~~(1), (C)(1), or (M)(1) or (2) of~~	23497
~~section 903.08 of the Revised Code, or the NPDES provisions of a~~	23498
~~permit to operate shall be fined not more than twenty-five~~	23499
~~thousand dollars.~~of section 903.30 of the Revised Code shall be	23500
fined not more than ten thousand dollars or imprisoned for not	23501
more than one year, or both. Each day of violation constitutes a	23502
separate offense.	23503

(C) Whoever knowingly violates division ~~(K)~~(A) or (B) of	23504
section ~~903.08~~903.30 of the Revised Code is guilty of a felony	23505
and shall be fined not more than twenty-five thousand dollars or	23506
imprisoned for not more than three years, or both. Each day of	23507
violation constitutes a separate offense.	23508

Sec. 905.06. The director of agriculture shall:

23509

(A) Gather information on the performance of various	23510
agricultural additives, including distributors' and manufacturers'	23511
claims, the results of investigation or research on additives, and	23512
the conditions when they are useful, and make the information	23513
available to the public;	23514

(B) Provide and distribute, in cooperation with ~~the~~	23515
~~agricultural~~OSU extension ~~service~~, information on the use of	23516
agricultural additives;	23517

(C) Provide for the prompt and thorough investigation of	23518
written complaints received concerning agricultural additives.	23519

Sec. 909.15. All moneys from registration fees and from	23520
fines imposed and recovered under sections 909.01 to 909.18 of the	23521
Revised Code, shall be paid to the director of agriculture, who	23522
shall deposit such moneys in the state treasury to the credit of	23523
the ~~general revenue~~plant pest program fund created in section	23524
927.54 of the Revised Code.	23525

Sec. 924.06. (A) ~~Within ninety days after he has approved a~~	23526
~~proposed amendment to an agricultural commodity marketing program~~	23527
~~established before April 10, 1985, the director of agriculture~~	23528
~~shall determine by a referendum whether the eligible producers~~	23529
~~favor the proposed amendment to the program. Any proposed~~	23530
~~amendment to a marketing program established before April 10,~~	23531
~~1985, is favored by the producers of the agricultural commodity~~	23532
~~which would be affected by the proposed amendment if either of the~~	23533
~~following occurs:~~	23534

~~(1) Sixty-six and two-thirds per cent or more, by number, of~~	23535
~~the producers who vote in the referendum, vote in favor of the~~	23536
~~amendment, and represent a majority of the volume of the affected~~	23537
~~commodity that was produced in the preceding marketing year by all~~	23538
~~producers who voted in the referendum;~~	23539

~~(2) A majority of the producers who vote in the referendum,~~	23540
~~vote in favor of the amendment and represent sixty-six and~~	23541
~~two-thirds per cent, or more, of the volume of the affected~~	23542
~~commodity that was produced in the preceding marketing year by all~~	23543
~~the producers who voted in the referendum.~~	23544

~~(B)~~ Within ninety days after ~~he has approved~~approving an	23545
agricultural commodity marketing program proposed on or after	23546
~~April 10, 1985~~the effective date of this amendment, or a proposed	23547
amendment to ~~such a~~an agricultural commodity marketing program,	23548
the director of agriculture shall determine by a referendum	23549
whether the eligible producers favor the proposed marketing	23550
program or amendment. Any such marketing program or amendment to	23551
~~such~~ a marketing program is favored by the producers of the	23552
agricultural commodity that would be affected by the proposed	23553
program or amendment if a majority of the producers who vote in	23554
the referendum vote in favor of the program or amendment.	23555

~~(C)~~(B) If the producers who vote in any referendum held	23556
pursuant to this section do not favor a proposed marketing	23557
program, or proposed amendment to a program, the director shall	23558
hold no additional referendum on that proposed program or proposed	23559
amendment during the ten months following the close of the	23560
referendum at which the producers did not favor that proposed	23561
program or amendment.	23562

~~(D)~~(C) In any referendum held pursuant to this section, each	23563
eligible producer of the ~~Ohio~~ agricultural commodity ~~which~~that	23564
would be affected by the proposed marketing program, or amendment	23565
to a program, is entitled to one vote.	23566

~~(E)~~(D) In any referendum held on an agricultural commodity	23567
marketing program, or a proposed amendment to such a program,	23568
votes may be cast in person or by mailing a ballot to a polling	23569
place designated by the director. The director shall establish a	23570
three-day period during which eligible producers may vote in	23571
person during normal business hours at polling places designated	23572
by the director. The director or other appropriate person shall	23573
send a mail-in ballot by ordinary first-class mail to any eligible	23574
producer who requests one by calling the toll-free telephone	23575
number or sending in the ballot request form provided for in	23576
division ~~(F)~~(E) of this section, by calling one of the polling	23577
places designated by the director, or by any additional method	23578
that the director or operating committee may provide. No ballot	23579
returned by mail shall be valid if it is postmarked later than the	23580
third day of the election period established by the director.	23581

~~(F)~~(E) For any referendum held on an agricultural commodity	23582
marketing program, or a proposed amendment to such a program, the	23583
director or operating committee shall cause a ballot request form	23584
to be published at least thirty days before the beginning of the	23585
election period established under division ~~(E)~~(D) of this section	23586
in at least two appropriate periodicals designated by the	23587
director, and shall make the form available for reproduction to	23588
any interested group or association. The director shall provide a	23589
toll-free telephone number that producers may call to request a	23590
ballot.	23591

Sec. 927.54. The plant pest program fund is hereby created in	23592
the state treasury. The fund shall consist of money credited to it	23593
under section 909.15 of the Revised Code and under this chapter	23594
and any rules adopted under it. The director of agriculture shall	23595
use money in the fund to administer this chapter and Chapter 909.	23596
of the Revised Code.	23597

The director shall keep accurate records of all receipts into	23598
and disbursements from the fund and shall prepare, and provide	23599
upon request, an annual report classifying the receipts and	23600
disbursements that pertain to plant pests.	23601

Sec. 955.201. (A) As used in this section and in section	23602
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	23603
corporation organized by that name under Chapter 1702. of the	23604
Revised Code that consists of humane societies, veterinarians,	23605
animal shelters, companion animal breeders, dog wardens, or	23606
similar individuals and entities.	23607

(B) The Ohio pet fund shall do all of the following:

23608

(1) Establish eligibility criteria for organizations that may	23609
receive financial assistance from the Ohio pet fund. Those	23610
organizations may include any of the following:	23611

(a) An animal shelter as defined in section 4729.01 of the	23612
Revised Code;	23613

(b) A local nonprofit veterinary association that operates a	23614
program for the sterilization of dogs and cats;	23615

(c) A charitable organization that is exempt from federal	23616
income taxation under subsection 501(c)(3) of the Internal Revenue	23617
Code and a purpose of which is to support programs for the	23618
sterilization of dogs and cats and educational programs concerning	23619
the proper veterinary care of those animals.	23620

(2) Establish procedures for applying for financial	23621
assistance from the Ohio pet fund. Application procedures shall	23622
require eligible organizations to submit detailed proposals that	23623
outline the intended uses of the moneys sought.	23624

(3) Establish eligibility criteria for sterilization and	23625
educational programs for which moneys from the Ohio pet fund may	23626
be used and, consistent with division (C) of this section,	23627
establish eligibility criteria for individuals who seek	23628
sterilization for their dogs and cats from eligible organizations;	23629

(4) Establish procedures for the disbursement of moneys the	23630
Ohio pet fund receives from license plate contributions pursuant	23631
to division (C) of section 4503.551 of the Revised Code;	23632

(5) Advertise or otherwise provide notification of the	23633
availability of financial assistance from the Ohio pet fund for	23634
eligible organizations;	23635

(6) Design markings to be inscribed on "pets" license plates	23636
under section 4503.551 of the Revised Code.	23637

(C)(1) The owner of a dog or cat is eligible for dog or cat	23638
sterilization services from an eligible organization when those	23639
services are subsidized in whole or in part by money from the Ohio	23640
pet fund if any of the following applies:	23641

(a) The income of the owner's family does not exceed one	23642
hundred fifty per cent of the federal poverty guideline.	23643

(b) The owner, or any member of the owner's family who	23644
resides with the owner, is a recipient or beneficiary of one of	23645
the following government assistance programs:	23646

(i) Low-income housing assistance under the "United States	23647
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	23648
federal section 8 housing program;	23649

(ii) The Ohio works first program established by Chapter	23650
5107. of the Revised Code;	23651

(iii) ~~Title XIX of the "Social Security Act," 49 Stat. 620~~	23652
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	23653
~~assistance~~The medicaid program ~~or medicaid, provided by the~~	23654
~~department of job and family services under Chapter 5111. of the~~	23655
~~Revised Code~~;	23656

(iv) A program or law administered by the United States	23657
department of veterans' affairs or veterans' administration for	23658
any service-connected disability;	23659

(v) The supplemental nutrition assistance program established	23660
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),	23661
administered by the department of job and family services under	23662
section 5101.54 of the Revised Code;	23663

(vi) The "special supplemental nutrition program for women,	23664
infants, and children" established under the "Child Nutrition Act	23665
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	23666
by the department of health under section 3701.132 of the Revised	23667
Code;	23668

(vii) Supplemental security income under Title XVI of the	23669
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	23670
amended;	23671

(viii) Social security disability insurance benefits provided	23672
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	23673
42 U.S.C.A. 401, as amended.	23674

(c) The owner of the dog or cat submits to the eligible	23675
organization operating the sterilization program either of the	23676
following:	23677

(i) A certificate of adoption showing that the dog or cat was	23678
adopted from a licensed animal shelter, a municipal, county, or	23679
regional pound, or a holding and impoundment facility that	23680
contracts with a municipal corporation;	23681

(ii) A certificate of adoption showing that the dog or cat	23682
was adopted through a nonprofit corporation operating an animal	23683
adoption referral service whose holding facility, if any, is	23684
licensed in accordance with state law or a municipal ordinance.	23685

(2) The Ohio pet fund shall determine the type of documentary	23686
evidence that must be presented by the owner of a dog or cat to	23687
show that the income of the owner's family does not exceed one	23688
hundred fifty per cent of the federal poverty guideline or that	23689
the owner is eligible under division (C)(1)(b) of this section.	23690

(D) As used in division (C) of this section, "federal poverty	23691
guideline" means the official poverty guideline as revised	23692
annually by the United States department of health and human	23693
services in accordance with section 673(2) of the "Omnibus Budget	23694
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	23695
amended, for a family size equal to the size of the family of the	23696
person whose income is being determined.	23697

Sec. 956.07. (A) A person who is applying for a license to	23698
operate a high volume breeder or to act as or perform the	23699
functions of a dog retailer under section 956.04 or 956.05 of the	23700
Revised Code, as applicable, shall include with the application	23701
for a license a nonrefundable license application fee. For the	23702
purpose of calculating the application fee for a high volume	23703
breeder, the sale of one dog from a litter constitutes the sale of	23704
a litter. The application fees are as follows:	23705

(1) For a high volume breeder:

23706

(a) One hundred fifty dollars if the high volume breeder	23707
annually sells at least nine, but not more than fifteen litters;	23708

(b) Two hundred fifty dollars if the high volume breeder	23709
annually sells at least sixteen, but not more than twenty-five	23710
litters;	23711

(c) Three hundred fifty dollars if the high volume breeder	23712
annually sells at least twenty-six, but not more than thirty-five	23713
litters;	23714

(d) Five hundred dollars if the high volume breeder annually	23715
sells at least thirty-six, but not more than forty-five litters;	23716

(e) Seven hundred fifty dollars if the high volume breeder	23717
annually sells forty-six or more litters.	23718

(2) For a dog retailer, five hundred dollars.

23719

(B) Money collected by the director of agriculture from each	23720
application fee submitted under this section shall be ~~transmitted~~	23721
~~by the director to the treasurer of~~deposited in the state	23722
treasury to ~~be credited to~~the credit of the high volume breeder	23723
kennel control license fund created in section 956.18 of the	23724
Revised Code. The ~~treasurer of state shall transfer to the county~~	23725
~~auditor of the county in which a high volume breeder is located or~~	23726
~~will be located~~director shall use fifty dollars of the	23727
application fee submitted by ~~the~~a high volume breeder under this	23728
section or an amount equal to the fee charged ~~in that county~~ for	23729
the registration of a kennel under section 955.14 of the Revised	23730
Code in the county in which the high volume breeder is located or	23731
will be located, whichever is greater, to reimburse that county.	23732
The county auditor shall deposit the transferred money into that	23733
county's dog and kennel fund created under section 955.20 of the	23734
Revised Code.	23735

Sec. 956.18. (A) All money collected by the director of	23736
agriculture from license fees under section ~~956.08~~956.07 and	23737
civil penalties assessed under section 956.13 of the Revised Code	23738
shall be deposited in the state treasury to the credit of the high	23739
volume breeder kennel control license fund, which is hereby	23740
created. The fund shall also consist of money appropriated to it.	23741

(B) No money may be released from the fund without	23742
controlling board approval. The director shall request the	23743
controlling board to release money in an amount not to exceed two	23744
million five hundred thousand dollars per biennium.	23745

(C) The director shall use the money in the fund for the	23746
purpose of administering this chapter and rules adopted under it.	23747

Sec. 991.03. (A) The Ohio expositions commission shall:

23748

(1) Conduct at least one fair or exposition annually;

23749

(2) Maintain and manage property held by the state for the	23750
purpose of conducting fairs, expositions, and exhibits;	23751

(3) As provided in section 109.122 of the Revised Code,	23752
provide notice of or copies of any proposed entertainment or	23753
sponsorship contracts to the attorney general.	23754

(B) The commission may:

23755

(1) Conduct such additional fairs, expositions, or	23756
exhibitions as the commission determines are in the general public	23757
interest;	23758

(2) Accept on behalf of the state conveyances of property for	23759
the purposes of conducting fairs, expositions, and exhibits,	23760
subject to any terms and conditions agreed to by the commission	23761
and approved by the controlling board;	23762

(3) Accept gifts, devises, and bequests of money, lands, and	23763
other property and apply the money, lands, or other property	23764
according to the terms of the gift, devise, or bequest. A	23765
political subdivision as authorized by law may make gifts and	23766
devises to the commission, and the commission shall apply such a	23767
gift or devise according to the terms of the gift or devise. All	23768
gifts and bequests of money accepted under this division shall be	23769
deposited into the state treasury to the credit of the Ohio	23770
expositions support fund.	23771

(4) Enter into contracts that the commission considers	23772
necessary or worthwhile in the conduct of its purposes, provided	23773
that contracts made for a term exceeding two years, other than	23774
those described in division (B)(4) of this section, shall be	23775
subject to the approval of the controlling board and provided that	23776
the attorney general, pursuant to the attorney general's authority	23777
under section 109.122 of the Revised Code, has not disapproved the	23778
proposed contract;	23779

~~(4)~~(5) Enter into contracts for the mutual exchange of goods	23780
or services;	23781

~~(5)~~(6) Sell or convey all or a portion of the property, land,	23782
or buildings under its management subject to the approval of the	23783
legislature;	23784

~~(6)~~(7) Grant leases on all or any part of the property, land,	23785
or buildings under the management of the commission to private or	23786
public organizations, which appear to be in the best interests of	23787
the state, with the approval of the controlling board and director	23788
of administrative services, subject to the following conditions:	23789

(a) The lessees shall make or construct improvements on such	23790
lands or buildings at no cost to the commission or to the state,	23791
subject to prior approval by the director of administrative	23792
services of detailed plans and specifications of such	23793
improvements.	23794

(b) No person, firm, or corporation shall cause a lien to be	23795
filed against any funds or property of the state or of the	23796
commission as a result of a lessee's activities pursuant to	23797
division (B)~~(6)~~(7)(a) of this section.	23798

(c) Leases shall be entered into subject to the sale of such	23799
property, lands, or buildings during the term of the lease.	23800

(d) No leases shall be made which interfere with a fair,	23801
exposition, or exhibition on such lands.	23802

~~(7)~~(8) Encumber appropriations for the entire amount of a	23803
contract at the time the contract is made, even though the	23804
contract will not be performed in the fiscal year for which the	23805
appropriations were made.	23806

~~(8)~~(9) Implement a credit card payment program permitting	23807
payment by means of a credit card of any fees, charges, and	23808
rentals associated with conducting fairs, expositions, and	23809
exhibits. The commission may open an account outside the state	23810
treasury in a financial institution for the purpose of depositing	23811
credit card receipts. By the end of the business day following the	23812
deposit of the receipts, the financial institution shall make	23813
available to the commission funds in the amount of the receipts.	23814
The commission shall then pay these funds into the state treasury	23815
to the credit of the Ohio expositions fund.	23816

The commission shall adopt rules as necessary to carry out	23817
the purposes of division (B)~~(8)~~(9) of this section. The rules	23818
shall include standards for determining eligible financial	23819
institutions and the manner in which funds shall be made available	23820
and shall be consistent with the standards contained in sections	23821
135.03, 135.18, and 135.181 of the Revised Code.	23822

The commission shall not adopt or enforce any rules which	23823
will prohibit livestock exhibited at the Ohio state fair from	23824
participating in county and independent fairs in the state.	23825

Sec. 991.04. There is hereby established in the state	23826
treasury the Ohio expositions fund. ~~All~~Except for gifts and	23827
bequests of money accepted under division (B)(3) of section 991.03	23828
of the Revised Code, all moneys collected by the Ohio expositions	23829
commission pursuant to sections 991.01 to 991.07 of the Revised	23830
Code and any income generated from the investment of those moneys	23831
shall be paid into the fund and may be used to defray the costs of	23832
administration and carrying out the purposes of sections 991.01 to	23833
991.07 of the Revised Code.	23834

With the approval of the director of budget and management,	23835
provisions may be made for a cash fund to be established on the	23836
state fairgrounds during the period of activities related to the	23837
holding of the annual state fair. The purpose of such fund is to	23838
provide for payment of premiums and entertainers and for immediate	23839
payment of small amounts for obligations, including ticket	23840
refunds, of such nature as to require immediate payment.	23841

The expositions commission shall cause to be kept an accurate	23842
record of all transactions, contracts, and proceedings. The	23843
director of budget and management shall prescribe a system of	23844
accounting and reporting. Such system shall include methods and	23845
forms showing the sources from which all revenues of the	23846
expositions commission are received, the amount collected from	23847
each source, and the amount expended for each purpose.	23848

Sec. 991.041. There is in the state treasury the Ohio	23849
expositions support fund. All gifts and bequests of money accepted	23850
under division (B)(3) of section 991.03 of the Revised Code shall	23851
be deposited into the state treasury to the credit of the fund.	23852
Investment earnings of the fund shall be deposited into the fund.	23853
The Ohio expositions commission may use the fund, consistent with	23854
the terms of the gift or bequest, to defray the cost of	23855
administration and of carrying out the purposes of sections 991.01	23856
to 991.07 of the Revised Code.	23857

Sec. 991.06. Annually on or before the thirtieth day of	23858
September the Ohio expositions commission, through its general	23859
manager, shall prepare and file with the auditor of state a	23860
statement showing the total amount received from each source of	23861
revenue, the total amount disbursed for each class of	23862
expenditures, and the aggregate of all receipts and expenditures	23863
of the commission. This statement shall also include a summary of	23864
each contract for the mutual exchange of goods or services entered	23865
into by the commission under ~~division (B)(4) of~~ section 991.03 of	23866
the Revised Code. Upon receipt of such statement, the auditor of	23867
state shall have it verified and make a report of ~~his~~the auditor	23868
of state's findings thereon to the governor.	23869

Assistant auditors of state shall conduct an audit of	23870
activities of the annual Ohio state fair on the Ohio exposition	23871
center during the period when the fair is in progress.	23872

The cost of such audit shall be included in the annual	23873
expenses of the Ohio expositions commission.	23874

Sec. 1332.26. (A) No political subdivision shall require a	23875
video service provider to obtain from it any authority to provide	23876
video service within its boundaries.	23877

(B) Except as authorized under division (C) of this section	23878
and under sections 1332.30 and 1332.32 of the Revised Code, no	23879
political subdivision shall request anything of value from a video	23880
service provider for providing video service; impose any fee,	23881
license, or gross receipt tax on the provision of video service by	23882
such a provider; or impose any franchise or other requirement on	23883
the provision of video service by a video service provider,	23884
including, but not limited to, any provision regulating rates	23885
charged by a video service provider or establishing any build-out	23886
requirement or requirement to deploy any facility or equipment.	23887

(C) When requested to do so, a video service provider shall	23888
assist a municipal corporation or township in addressing video	23889
service subscriber complaints, in a manner consistent with the	23890
provider's complaint handling process set forth in its application	23891
pursuant to division (A)(7) of section 1332.24 of the Revised	23892
Code. Nothing in sections 1332.21 to 1332.34 of the Revised Code	23893
affects any authority granted under sections 1345.01 to 1345.13 of	23894
the Revised Code.	23895

(D) A video service provider shall meet all of the following	23896
customer service standards:	23897

(1) The provider shall restore video service within	23898
seventy-two hours after a subscriber reports a service	23899
interruption or other problem if the cause was not a natural	23900
disaster.	23901

(2) Upon a report by a subscriber of a service interruption	23902
and if the interruption is caused by the video service provider	23903
and lasts for more than fours hours in a given day, the provider	23904
shall give the subscriber a credit in the amount of the cost of	23905
each such day's video service as would be billed to the	23906
subscriber.	23907

(3) Upon a report by a subscriber of a service interruption	23908
and if the interruption is not caused by the video service	23909
provider and lasts for more than twenty-four consecutive hours,	23910
the provider shall give the subscriber, for each hour of service	23911
interruption, a credit in the amount of the cost of per hour video	23912
service as would be billed to the subscriber.	23913

(4) The provider shall give a subscriber at least thirty	23914
days' advance, written notice before removing a channel from the	23915
provider's video service, but no such notice is required if the	23916
provider must remove the channel because of circumstances beyond	23917
its control.	23918

(5) The provider shall give a subscriber at least ten days'	23919
advance, written notice of a disconnection of all or part of the	23920
subscriber's video service, except if ~~the disconnection~~any of the	23921
following apply:	23922

(a) Disconnection has been requested by the subscriber,.

23923

(b) Disconnection is necessary to prevent theft of video	23924
service~~, or~~.	23925

(c) Disconnection is necessary to prevent the use of video	23926
service through fraud.	23927

(d) Disconnection is necessary to reduce or prevent signal	23928
leakage as described in 47 C.F.R. 76.611.	23929

(6) The provider shall not establish a due date earlier than	23930
fourteen days after a video service bill is issued.	23931

(7) The provider shall not disconnect all or part of a	23932
subscriber's video service for failure of the subscriber to pay	23933
any amount of its video service bill, until the ~~bill~~amount is at	23934
least ~~forty-five~~fourteen days past due.	23935

~~(7)~~(8) The provider shall give a subscriber at least thirty	23936
days' advance, written notice before instituting an increase in	23937
video service rates.	23938

Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the	23939
Revised Code:	23940

(A) "Adult" means a person who is eighteen years of age or	23941
older.	23942

(B) "Attending physician" means the physician to whom a	23943
principal or the family of a principal has assigned primary	23944
responsibility for the treatment or care of the principal or, if	23945
the responsibility has not been assigned, the physician who has	23946
accepted that responsibility.	23947

23948

(1) Nutrition when administered to diminish the pain or	23949
discomfort of a principal, but not to postpone death;	23950

(2) Hydration when administered to diminish the pain or	23951
discomfort of a principal, but not to postpone death;	23952

(3) Any other medical or nursing procedure, treatment,	23953
intervention, or other measure that is taken to diminish the pain	23954
or discomfort of a principal, but not to postpone death.	23955

(D) "Consulting physician" means a physician who, in	23956
conjunction with the attending physician of a principal, makes one	23957
or more determinations that are required to be made by the	23958
attending physician, or to be made by the attending physician and	23959
one other physician, by an applicable provision of sections	23960
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	23961
medical certainty and in accordance with reasonable medical	23962
standards.	23963

(E) "Declaration for mental health treatment" has the same	23964
meaning as in section 2135.01 of the Revised Code.	23965

(F) "Guardian" means a person appointed by a probate court	23966
pursuant to Chapter 2111. of the Revised Code to have the care and	23967
management of the person of an incompetent.	23968

(G) "Health care" means any care, treatment, service, or	23969
procedure to maintain, diagnose, or treat an individual's physical	23970
or mental condition or physical or mental health.	23971

(H) "Health care decision" means informed consent, refusal to	23972
give informed consent, or withdrawal of informed consent to health	23973
care.	23974

(I) "Health care facility" means any of the following:

23975

(1) A hospital;

23976

(2) A hospice care program, pediatric respite care program,	23977
or other institution that specializes in comfort care of patients	23978
in a terminal condition or in a permanently unconscious state;	23979

(3) A nursing home;

23980

(4) A home health agency;

23981

(5) An intermediate care facility for the mentally retarded;

23982

(6) A regulated community mental health organization.

23983

(J) "Health care personnel" means physicians, nurses,	23984
physician assistants, emergency medical technicians-basic,	23985
emergency medical technicians-intermediate, emergency medical	23986
technicians-paramedic, medical technicians, dietitians, other	23987
authorized persons acting under the direction of an attending	23988
physician, and administrators of health care facilities.	23989

(K) "Home health agency" has the same meaning as in section	23990
3701.881 of the Revised Code.	23991

(L) "Hospice care program" and "pediatric respite care	23992
program" have the same meanings as in section 3712.01 of the	23993
Revised Code.	23994

(M) "Hospital" has the same meanings as in sections 3701.01,	23995
3727.01, and 5122.01 of the Revised Code.	23996

(N) "Hydration" means fluids that are artificially or	23997
technologically administered.	23998

(O) "Incompetent" has the same meaning as in section 2111.01	23999
of the Revised Code.	24000

(P) "Intermediate care facility for the mentally retarded"	24001
has the same meaning as in section ~~5111.20~~5124.01 of the Revised	24002
Code.	24003

(Q) "Life-sustaining treatment" means any medical procedure,	24004
treatment, intervention, or other measure that, when administered	24005
to a principal, will serve principally to prolong the process of	24006
dying.	24007

(R) "Medical claim" has the same meaning as in section	24008
2305.113 of the Revised Code.	24009

(S) "Mental health treatment" has the same meaning as in	24010
section 2135.01 of the Revised Code.	24011

(T) "Nursing home" has the same meaning as in section 3721.01	24012
of the Revised Code.	24013

(U) "Nutrition" means sustenance that is artificially or	24014
technologically administered.	24015

(V) "Permanently unconscious state" means a state of	24016
permanent unconsciousness in a principal that, to a reasonable	24017
degree of medical certainty as determined in accordance with	24018
reasonable medical standards by the principal's attending	24019
physician and one other physician who has examined the principal,	24020
is characterized by both of the following:	24021

(1) Irreversible unawareness of one's being and environment.

24022

(2) Total loss of cerebral cortical functioning, resulting in	24023
the principal having no capacity to experience pain or suffering.	24024

(W) "Person" has the same meaning as in section 1.59 of the	24025
Revised Code and additionally includes political subdivisions and	24026
governmental agencies, boards, commissions, departments,	24027
institutions, offices, and other instrumentalities.	24028

(X) "Physician" means a person who is authorized under	24029
Chapter 4731. of the Revised Code to practice medicine and surgery	24030
or osteopathic medicine and surgery.	24031

(Y) "Political subdivision" and "state" have the same	24032
meanings as in section 2744.01 of the Revised Code.	24033

(Z) "Professional disciplinary action" means action taken by	24034
the board or other entity that regulates the professional conduct	24035
of health care personnel, including the state medical board and	24036
the board of nursing.	24037

(AA) "Regulated community mental health organization" means a	24038
residential facility as defined and licensed under section ~~5119.22~~	24039
5119.34 of the Revised Code or a community mental health ~~agency~~	24040
services provider as defined in section 5122.01 of the Revised	24041
Code.	24042

(BB) "Terminal condition" means an irreversible, incurable,	24043
and untreatable condition caused by disease, illness, or injury	24044
from which, to a reasonable degree of medical certainty as	24045
determined in accordance with reasonable medical standards by a	24046
principal's attending physician and one other physician who has	24047
examined the principal, both of the following apply:	24048

(1) There can be no recovery.

24049

(2) Death is likely to occur within a relatively short time	24050
if life-sustaining treatment is not administered.	24051

(CC) "Tort action" means a civil action for damages for	24052
injury, death, or loss to person or property, other than a civil	24053
action for damages for a breach of contract or another agreement	24054
between persons.	24055

Sec. 1347.08. (A) Every state or local agency that maintains	24056
a personal information system, upon the request and the proper	24057
identification of any person who is the subject of personal	24058
information in the system, shall:	24059

(1) Inform the person of the existence of any personal	24060
information in the system of which the person is the subject;	24061

(2) Except as provided in divisions (C) and (E)(2) of this	24062
section, permit the person, the person's legal guardian, or an	24063
attorney who presents a signed written authorization made by the	24064
person, to inspect all personal information in the system of which	24065
the person is the subject;	24066

(3) Inform the person about the types of uses made of the	24067
personal information, including the identity of any users usually	24068
granted access to the system.	24069

(B) Any person who wishes to exercise a right provided by	24070
this section may be accompanied by another individual of the	24071
person's choice.	24072

(C)(1) A state or local agency, upon request, shall disclose	24073
medical, psychiatric, or psychological information to a person who	24074
is the subject of the information or to the person's legal	24075
guardian, unless a physician, psychiatrist, or psychologist	24076
determines for the agency that the disclosure of the information	24077
is likely to have an adverse effect on the person, in which case	24078
the information shall be released to a physician, psychiatrist, or	24079
psychologist who is designated by the person or by the person's	24080
legal guardian.	24081

(2) Upon the signed written request of either a licensed	24082
attorney at law or a licensed physician designated by the inmate,	24083
together with the signed written request of an inmate of a	24084
correctional institution under the administration of the	24085
department of rehabilitation and correction, the department shall	24086
disclose medical information to the designated attorney or	24087
physician as provided in division (C) of section 5120.21 of the	24088
Revised Code.	24089

(D) If an individual who is authorized to inspect personal	24090
information that is maintained in a personal information system	24091
requests the state or local agency that maintains the system to	24092
provide a copy of any personal information that the individual is	24093
authorized to inspect, the agency shall provide a copy of the	24094
personal information to the individual. Each state and local	24095
agency may establish reasonable fees for the service of copying,	24096
upon request, personal information that is maintained by the	24097
agency.	24098

(E)(1) This section regulates access to personal information	24099
that is maintained in a personal information system by persons who	24100
are the subject of the information, but does not limit the	24101
authority of any person, including a person who is the subject of	24102
personal information maintained in a personal information system,	24103
to inspect or have copied, pursuant to section 149.43 of the	24104
Revised Code, a public record as defined in that section.	24105

(2) This section does not provide a person who is the subject	24106
of personal information maintained in a personal information	24107
system, the person's legal guardian, or an attorney authorized by	24108
the person, with a right to inspect or have copied, or require an	24109
agency that maintains a personal information system to permit the	24110
inspection of or to copy, a confidential law enforcement	24111
investigatory record or trial preparation record, as defined in	24112
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	24113

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

24114

(1) The contents of an adoption file maintained by the	24115
department of health under section 3705.12 of the Revised Code;	24116

(2) Information contained in the putative father registry	24117
established by section 3107.062 of the Revised Code, regardless of	24118
whether the information is held by the department of job and	24119
family services or, pursuant to section 3111.69 of the Revised	24120
Code, the office of child support in the department or a child	24121
support enforcement agency;	24122

(3) Papers, records, and books that pertain to an adoption	24123
and that are subject to inspection in accordance with section	24124
3107.17 of the Revised Code;	24125

(4) Records listed in division (A) of section 3107.42 of the	24126
Revised Code or specified in division (A) of section 3107.52 of	24127
the Revised Code;	24128

(5) Records that identify an individual described in division	24129
(A)(1) of section 3721.031 of the Revised Code, or that would tend	24130
to identify such an individual;	24131

(6) Files and records that have been expunged under division	24132
(D)(1) or (2) of section 3721.23 of the Revised Code;	24133

(7) Records that identify an individual described in division	24134
(A)(1) of section 3721.25 of the Revised Code, or that would tend	24135
to identify such an individual;	24136

(8) Records that identify an individual described in division	24137
(A)(1) of section ~~5111.61~~5165.88 of the Revised Code, or that	24138
would tend to identify such an individual;	24139

(9) Test materials, examinations, or evaluation tools used in	24140
an examination for licensure as a nursing home administrator that	24141
the board of ~~examiners~~executives of ~~nursing home administrators~~	24142
long-term services and supports administers under section 4751.04	24143
of the Revised Code or contracts under that section with a private	24144
or government entity to administer;	24145

(10) Information contained in a database established and	24146
maintained pursuant to section 5101.13 of the Revised Code.	24147

Sec. 1501.011. (A) ~~The~~Except as provided in divisions (B),	24148
(C), and (D) of this section, the Ohio facilities construction	24149
commission shall supervise the design and construction of, and	24150
make contracts for the construction, reconstruction, improvement,	24151
enlargement, alteration, repair, or decoration of, any projects or	24152
improvements for the department of natural resources ~~has the~~	24153
~~following powers in addition to its other powers: to prepare, or~~	24154
~~contract to be prepared, surveys, general and detailed plans,~~	24155
~~specifications, bills of materials, and estimates of cost for, to~~	24156
~~enter into contracts for, and to supervise the performance of~~	24157
~~labor, the furnishing of materials, or the construction, repair,~~	24158
~~or maintenance of any projects, improvements, or buildings, on~~	24159
~~lands and waters under the control of the department, as~~that may	24160
be authorized by legislative appropriations or any other funds	24161
available therefor, the estimated cost of which amounts to two	24162
hundred thousand dollars or more or the amount determined pursuant	24163
to section 153.53 of the Revised Code or more.	24164

(B) ~~Except as provided in division (E) of this section, the~~	24165
~~director of natural resources shall publish notice in a newspaper~~	24166
~~of general circulation in the region where the activity for which~~	24167
~~bids are submitted is to occur and in any other newspapers that~~	24168
~~the director determines are appropriate, at least once each week~~	24169
~~for four consecutive weeks, the last publication to be at least~~	24170
~~eight days preceding the day for opening bids, seeking proposals~~	24171
~~on each contract for the performance of labor, the furnishing of~~	24172
~~materials, or the construction, repair, or maintenance of~~	24173
~~projects, improvements, or buildings, as necessary for compliance~~	24174
~~with provisions of the act to make appropriations for capital~~	24175
~~improvements or the act to make general appropriations, and the~~	24176
~~director may also advertise in such trade journals as will afford~~	24177
~~adequate information to the public of the terms of the contract~~	24178
~~and the nature of the work to be performed, together with the time~~	24179
~~of the letting and place and manner of receiving proposals, and~~	24180
~~the places where plans and specifications are on file. A proposal~~	24181
~~is invalid and shall not be considered by the department unless~~	24182
~~the form for proposals specified by the department is used without~~	24183
~~change, alteration, or addition~~The department of natural	24184
resources shall administer the construction of improvements under	24185
an agreement with the supervisors of a soil and water conservation	24186
district pursuant to division (I) of section 1515.08 of the	24187
Revised Code.	24188

(C) ~~Each bidder for a contract for the performance of labor,~~	24189
~~the furnishing of materials, or the maintenance, construction,~~	24190
~~demolition, alteration, repair, or reconstruction of an~~	24191
~~improvement shall meet the requirements of section 153.54 of the~~	24192
~~Revised Code. The director may require each bidder to furnish~~	24193
~~under oath, upon such printed forms as the director may prescribe,~~	24194
~~detailed information with respect to the bidder's financial~~	24195
~~resources, equipment, past performance record, organization~~	24196
~~personnel, and experience, together with such other information as~~	24197
~~the director considers necessary.~~	24198

~~(D) The director shall award the contract to the lowest~~	24199
~~responsive and responsible bidder in accordance with section 9.312~~	24200
~~of the Revised Code. The award shall be made within a reasonable~~	24201
~~time after the date on which the bids were opened, and the~~	24202
~~successful bidder shall enter into a contract within ten days from~~	24203
~~the date the successful bidder is notified that the contract has~~	24204
~~been awarded, or within any longer period that the director~~	24205
~~considers necessary. Nothing in this section shall preclude the~~	24206
~~rejection of any bid the acceptance of which is not in the best~~	24207
~~interests of the state. No contract shall be entered into until~~	24208
~~the bureau of workers' compensation has certified that the~~	24209
~~corporation, partnership, or person awarded the contract has~~	24210
~~complied with Chapter 4123. of the Revised Code and until, if the~~	24211
~~bidder awarded the contract is a foreign corporation, the~~	24212
~~secretary of state has certified that the corporation is~~	24213
~~authorized to do business in this state, and until, if the bidder~~	24214
~~so awarded the contract is a person or partnership nonresident of~~	24215
~~this state, the person or partnership has filed with the secretary~~	24216
~~of state a power of attorney designating the secretary of state as~~	24217
~~its agency for the purpose of accepting service of process.~~	24218

~~(E) With respect to the director's entering into a contract~~	24219
~~for the performance of labor, the furnishing of materials, or the~~	24220
~~construction, repair, or maintenance of any projects,~~	24221
~~improvements, or buildings on lands and waters under the control~~	24222
~~of the department, both of the following apply:~~	24223

~~(1) The director is not required to advertise for and receive~~	24224
~~bids if the total estimated cost of the contract is less than~~	24225
~~twenty-five thousand dollars.~~	24226

~~(2) The director is not required to advertise for bids,~~	24227
~~regardless of the cost of the contract, if the~~(1) The department	24228
of natural resources shall supervise the design and construction	24229
of, and make contracts for the construction, reconstruction,	24230
improvement, enlargement, alteration, repair, or decoration of,	24231
any of the following activities, projects, or improvements:	24232

(a) Dam repairs administered by the division of engineering	24233
under Chapter 1507. of the Revised Code;	24234

(b) Projects or improvements administered by the division of	24235
watercraft and funded through the waterways safety fund	24236
established in section 1547.75 of the Revised Code;	24237

(c) Projects or improvements administered by the division of	24238
wildlife under Chapter 1531. or 1533. of the Revised Code;	24239

(d) Activities conducted by the department pursuant to	24240
section 5511.05 of the Revised Code in order to maintain the	24241
department's roadway inventory.	24242

(2) If a contract to be let under division (C)(1) of this	24243
section involves an exigency that concerns the public health,	24244
safety, or welfare or addresses an emergency situation in which	24245
timeliness is crucial in preventing the cost of the contract from	24246
increasing significantly~~. Regarding such a contract, the director~~	24247
~~may solicit bids by sending a letter to a minimum of three~~	24248
~~contractors in the region where the contract is to be let or by~~	24249
~~any other means that the director considers appropriate.~~	24250

~~(F) The director may insert in any contract awarded under~~	24251
~~this section a clause providing for value engineering change~~	24252
~~proposals, under which a contractor who has been awarded a~~	24253
~~contract may propose a change in the plans and specifications of~~	24254
~~the project that saves the department time or money on the project~~	24255
~~without impairing any of the essential functions and~~	24256
~~characteristics of the project such as service life, reliability,~~	24257
~~economy of operation, ease of maintenance, safety, and necessary~~	24258
~~standardized features. If the director adopts the value~~	24259
~~engineering proposal, the savings from the proposal shall be~~	24260
~~divided between the department and the contractor according to~~	24261
~~guidelines established by the director, provided that the~~	24262
~~contractor shall receive at least fifty per cent of the savings~~	24263
~~from the proposal. The adoption of a value engineering proposal~~	24264
~~does not invalidate the award of the contract or require the~~	24265
~~director to rebid the project.~~	24266

~~(G) When in the opinion of the department the work under any~~	24267
~~contract made under this section or any law of the state is~~	24268
~~neglected by the contractor, the work completed is deficient in~~	24269
~~quality or materials, or the work is not prosecuted with the~~	24270
~~diligence and force specified or intended in the contract, the~~	24271
~~department may require the contractor to provide, at no additional~~	24272
~~expense to the department, any additional labor and materials that~~	24273
~~are necessary to complete the improvements at the level of quality~~	24274
~~and within the time of performance specified in the contract.~~	24275
~~Procedures concerning such a requirement together with its format~~	24276
~~shall be specified in the contract. If the contractor fails to~~	24277
~~comply with the requirement within the period specified in the~~	24278
~~contract, the department may take action to complete the work~~	24279
~~through other means, up to and including termination of the~~	24280
~~contract.~~	24281

~~(H) When an exigency occurs or there is immediate danger of~~	24282
~~an exigency that would materially impair the successful bidding,~~	24283
~~construction, or completion of a project, improvement, or~~	24284
~~building, the director may revise related plans and specifications~~	24285
~~as necessary to address the exigency through the issuance of an~~	24286
~~addendum prior to the opening of bids or, in accordance with~~	24287
~~procedures established in section 153.62 of the Revised Code,~~	24288
~~through the issuance of a change order after the contract has been~~	24289
~~awarded~~, pursuant to the declaration of a public exigency, the	24290
department may award the contract without competitive bidding or	24291
selection as otherwise required by Chapter 153. of the Revised	24292
Code.	24293

(D) The executive director of the Ohio facilities	24294
construction commission may authorize the department of natural	24295
resources to administer any other project or improvement, the	24296
estimated cost of which, including design fees, construction,	24297
equipment, and contingency amounts, is not more than one million	24298
five hundred thousand dollars.	24299

Sec. 1501.45. (A) As used in this section:

24300

(1) "Forfeiture laws" means provisions that are established	24301
in Title XXIX of the Revised Code and that govern the forfeiture	24302
and disposition of certain property that is seized pursuant to a	24303
law enforcement investigation.	24304

(2) "Law enforcement division" means the division of	24305
forestry, the division of natural areas and preserves, the	24306
division of wildlife, the division of parks and recreation, or the	24307
division of watercraft in the department of natural resources.	24308

(3) "Law enforcement fund" means a fund created in this	24309
section.	24310

(B) Except as otherwise provided in this section and	24311
notwithstanding any provision of the Revised Code that is not in	24312
Title XV of the Revised Code to the contrary, the forfeiture laws	24313
apply to a law enforcement division that substantially conducts an	24314
investigation that results in the ordered forfeiture of property	24315
and also apply to the involved forfeiture of property, and the law	24316
enforcement division shall comply with those forfeiture laws.	24317
Accordingly, the portion of the forfeiture laws that authorizes	24318
certain proceeds from forfeited property to be distributed to the	24319
law enforcement agency that substantially conducted the	24320
investigation that resulted in the seizure of the subsequently	24321
forfeited property apply to the law enforcement divisions except	24322
as provided in division (C)(2)(a) of this section. If a law	24323
enforcement division is eligible to receive such proceeds, the	24324
proceeds shall be deposited into the state treasury to the credit	24325
of the applicable law enforcement fund.	24326

(C)(1) There are hereby created in the state treasury ~~the~~	24327
~~division of forestry law enforcement fund, the division of natural~~	24328
~~areas and preserves law enforcement fund,~~ the division of wildlife	24329
law enforcement fund, the division of parks and recreation law	24330
enforcement fund, and the division of watercraft law enforcement	24331
fund. ~~The~~	24332

(2) The funds shall consist of proceeds from forfeited	24333
property that are deposited ~~in accordance with this section. The~~	24334
as follows:	24335

(a) Proceeds from forfeited property resulting from an	24336
investigation conducted by the division of forestry, the division	24337
of natural areas and preserves, or the division of parks and	24338
recreation shall be deposited in the division of parks and	24339
recreation law enforcement fund.	24340

(b) Proceeds from forfeited property resulting from an	24341
investigation conducted by the division of wildlife shall be	24342
deposited in the division of wildlife law enforcement fund.	24343

(c) Proceeds from forfeited property resulting from an	24344
investigation conducted by the division of watercraft shall be	24345
deposited in the division of watercraft law enforcement fund.	24346

(3) The funds shall be used ~~by the applicable law enforcement~~	24347
~~division~~ for law enforcement purposes specified in the forfeiture	24348
laws~~; however, a~~as follows:	24349

(a) Money in the division of parks and recreation law	24350
enforcement fund shall be used by the division of parks and	24351
recreation.	24352

(b) Money in the division of wildlife law enforcement fund	24353
shall be used by the division of wildlife.	24354

(c) Money in the division of watercraft law enforcement fund	24355
shall be used by the division of watercraft.	24356

(4) A law enforcement division shall not use ~~such funds~~its	24357
fund to pay the salaries of its employees or to provide for any	24358
other remuneration of personnel.	24359

(D) If the forfeiture laws conflict with any provisions that	24360
govern forfeitures and that are established in another section of	24361
Title XV of the Revised Code, the provisions established in the	24362
other section of Title XV apply.	24363

Sec. 1509.01. As used in this chapter:

24364

(A) "Well" means any borehole, whether drilled or bored,	24365
within the state for production, extraction, or injection of any	24366
gas or liquid mineral, excluding potable water to be used as such,	24367
but including natural or artificial brines and oil field waters.	24368

(B) "Oil" means crude petroleum oil and all other	24369
hydrocarbons, regardless of gravity, that are produced in liquid	24370
form by ordinary production methods, but does not include	24371
hydrocarbons that were originally in a gaseous phase in the	24372
reservoir.	24373

(C) "Gas" means all natural gas and all other fluid	24374
hydrocarbons that are not oil, including condensate.	24375

(D) "Condensate" means liquid hydrocarbons separated at or	24376
near the well pad or along the gas production or gathering system	24377
prior to gas processing.	24378

(E) "Pool" means an underground reservoir containing a common	24379
accumulation of oil or gas, or both, but does not include a gas	24380
storage reservoir. Each zone of a geological structure that is	24381
completely separated from any other zone in the same structure may	24382
contain a separate pool.	24383

(F) "Field" means the general area underlaid by one or more	24384
pools.	24385

(G) "Drilling unit" means the minimum acreage on which one	24386
well may be drilled, but does not apply to a well for injecting	24387
gas into or removing gas from a gas storage reservoir.	24388

(H) "Waste" includes all of the following:

24389

(1) Physical waste, as that term generally is understood in	24390
the oil and gas industry;	24391

(2) Inefficient, excessive, or improper use, or the	24392
unnecessary dissipation, of reservoir energy;	24393

(3) Inefficient storing of oil or gas;

24394

(4) Locating, drilling, equipping, operating, or producing an	24395
oil or gas well in a manner that reduces or tends to reduce the	24396
quantity of oil or gas ultimately recoverable under prudent and	24397
proper operations from the pool into which it is drilled or that	24398
causes or tends to cause unnecessary or excessive surface loss or	24399
destruction of oil or gas;	24400

(5) Other underground or surface waste in the production or	24401
storage of oil, gas, or condensate, however caused.	24402

(I) "Correlative rights" means the reasonable opportunity to	24403
every person entitled thereto to recover and receive the oil and	24404
gas in and under the person's tract or tracts, or the equivalent	24405
thereof, without having to drill unnecessary wells or incur other	24406
unnecessary expense.	24407

(J) "Tract" means a single, individually taxed parcel of land	24408
appearing on the tax list.	24409

(K) "Owner," unless referring to a mine, means the person who	24410
has the right to drill on a tract or drilling unit, to drill into	24411
and produce from a pool, and to appropriate the oil or gas	24412
produced therefrom either for the person or for others, except	24413
that a person ceases to be an owner with respect to a well when	24414
the well has been plugged in accordance with applicable rules	24415
adopted and orders issued under this chapter. "Owner" does not	24416
include a person who obtains a lease of the mineral rights for oil	24417
and gas on a parcel of land if the person does not attempt to	24418
produce or produce oil or gas from a well or obtain a permit under	24419
this chapter for a well or if the entire interest of a well is	24420
transferred to the person in accordance with division (B) of	24421
section 1509.31 of the Revised Code.	24422

(L) "Royalty interest" means the fee holder's share in the	24423
production from a well.	24424

(M) "Discovery well" means the first well capable of	24425
producing oil or gas in commercial quantities from a pool.	24426

(N) "Prepared clay" means a clay that is plastic and is	24427
thoroughly saturated with fresh water to a weight and consistency	24428
great enough to settle through saltwater in the well in which it	24429
is to be used, except as otherwise approved by the chief of the	24430
division of oil and gas resources management.	24431

(O) "Rock sediment" means the combined cutting and residue	24432
from drilling sedimentary rocks and formation.	24433

(P) "Excavations and workings," "mine," and "pillar" have the	24434
same meanings as in section 1561.01 of the Revised Code.	24435

(Q) "Coal bearing township" means a township designated as	24436
such by the chief of the division of mineral resources management	24437
under section 1561.06 of the Revised Code.	24438

(R) "Gas storage reservoir" means a continuous area of a	24439
subterranean porous sand or rock stratum or strata into which gas	24440
is or may be injected for the purpose of storing it therein and	24441
removing it therefrom and includes a gas storage reservoir as	24442
defined in section 1571.01 of the Revised Code.	24443

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	24444
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	24445
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	24446
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	24447
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	24448
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	24449
regulations adopted under those acts.	24450

(T) "Person" includes any political subdivision, department,	24451
agency, or instrumentality of this state; the United States and	24452
any department, agency, or instrumentality thereof; and any legal	24453
entity defined as a person under section 1.59 of the Revised Code.	24454

(U) "Brine" means all saline geological formation water	24455
resulting from, obtained from, or produced in connection with	24456
exploration, drilling, well stimulation, production of oil or gas,	24457
or plugging of a well.	24458

(V) "Waters of the state" means all streams, lakes, ponds,	24459
marshes, watercourses, waterways, springs, irrigation systems,	24460
drainage systems, and other bodies of water, surface or	24461
underground, natural or artificial, that are situated wholly or	24462
partially within this state or within its jurisdiction, except	24463
those private waters that do not combine or effect a junction with	24464
natural surface or underground waters.	24465

(W) "Exempt Mississippian well" means a well that meets all	24466
of the following criteria:	24467

(1) Was drilled and completed before January 1, 1980;

24468

(2) Is located in an unglaciated part of the state;

24469

(3) Was completed in a reservoir no deeper than the	24470
Mississippian Big Injun sandstone in areas underlain by	24471
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	24472
sandstone in areas directly underlain by Permian stratigraphy;	24473

(4) Is used primarily to provide oil or gas for domestic use.

24474

(X) "Exempt domestic well" means a well that meets all of the	24475
following criteria:	24476

(1) Is owned by the owner of the surface estate of the tract	24477
on which the well is located;	24478

(2) Is used primarily to provide gas for the owner's domestic	24479
use;	24480

(3) Is located more than two hundred feet horizontal distance	24481
from any inhabited private dwelling house other than an inhabited	24482
private dwelling house located on the tract on which the well is	24483
located;	24484

(4) Is located more than two hundred feet horizontal distance	24485
from any public building that may be used as a place of resort,	24486
assembly, education, entertainment, lodging, trade, manufacture,	24487
repair, storage, traffic, or occupancy by the public.	24488

(Y) "Urbanized area" means an area where a well or production	24489
facilities of a well are located within a municipal corporation or	24490
within a township that has an unincorporated population of more	24491
than five thousand in the most recent federal decennial census	24492
prior to the issuance of the permit for the well or production	24493
facilities.	24494

(Z) "Well stimulation" or "stimulation of a well" means the	24495
process of enhancing well productivity, including hydraulic	24496
fracturing operations.	24497

(AA) "Production operation" means all operations and	24498
activities and all related equipment, facilities, and other	24499
structures that may be used in or associated with the exploration	24500
and production of oil, gas, or other mineral resources that are	24501
regulated under this chapter, including operations and activities	24502
associated with site preparation, site construction, access road	24503
construction, well drilling, well completion, well stimulation,	24504
well site activities, reclamation, and plugging. "Production	24505
operation" also includes all of the following:	24506

(1) The piping, equipment, and facilities used for the	24507
production and preparation of hydrocarbon gas or liquids for	24508
transportation or delivery;	24509

(2) The processes of extraction and recovery, lifting,	24510
stabilization, treatment, separation, production processing,	24511
storage, waste disposal, and measurement of hydrocarbon gas and	24512
liquids, including related equipment and facilities;	24513

(3) The processes and related equipment and facilities	24514
associated with production compression, gas lift, gas injection,	24515
fuel gas supply, well drilling, well stimulation, and well	24516
completion activities, including dikes, pits, and earthen and	24517
other impoundments used for the temporary storage of fluids and	24518
waste substances associated with well drilling, well stimulation,	24519
and well completion activities;	24520

(4) Equipment and facilities at a wellpad or other location	24521
that are used for the transportation, handling, recycling,	24522
temporary storage, management, processing, or treatment of any	24523
equipment, material, and by-products or other substances from an	24524
operation at a wellpad that may be used or reused at the same or	24525
another operation at a wellpad or that will be disposed of in	24526
accordance with applicable laws and rules adopted under them.	24527

(BB) "Annular overpressurization" means the accumulation of	24528
fluids within an annulus with sufficient pressure to allow	24529
migration of annular fluids into underground sources of drinking	24530
water.	24531

(CC) "Idle and orphaned well" means a well for which a bond	24532
has been forfeited or an abandoned well for which no money is	24533
available to plug the well in accordance with this chapter and	24534
rules adopted under it.	24535

(DD) "Temporarily inactive well" means a well that has been	24536
granted temporary inactive status under section 1509.062 of the	24537
Revised Code.	24538

(EE) "Material and substantial violation" means any of the	24539
following:	24540

(1) Failure to obtain a permit to drill, reopen, convert,	24541
plugback, or plug a well under this chapter;	24542

(2) Failure to obtain, maintain, update, or submit proof of	24543
insurance coverage that is required under this chapter;	24544

(3) Failure to obtain, maintain, update, or submit proof of a	24545
surety bond that is required under this chapter;	24546

(4) Failure to plug an abandoned well or idle and orphaned	24547
well unless the well has been granted temporary inactive status	24548
under section 1509.062 of the Revised Code or the chief of the	24549
division of oil and gas resources management has approved another	24550
option concerning the abandoned well or idle and orphaned well;	24551

(5) Failure to restore a disturbed land surface as required	24552
by section 1509.072 of the Revised Code;	24553

(6) Failure to reimburse the oil and gas well fund pursuant	24554
to a final order issued under section 1509.071 of the Revised	24555
Code;	24556

(7) Failure to comply with a final nonappealable order of the	24557
chief issued under section 1509.04 of the Revised Code;	24558

(8) Failure to submit a report, test result, fee, or document	24559
that is required in this chapter or rules adopted under it.	24560

(FF) "Severer" has the same meaning as in section 5749.01 of	24561
the Revised Code.	24562

(GG) "Horizontal well" means a well that is drilled for the	24563
production of oil or gas in which the wellbore reaches a	24564
horizontal or near horizontal position in the Point Pleasant,	24565
Utica, or Marcellus formation and the well is stimulated.	24566

(HH) "Well pad" means the area that is cleared or prepared	24567
for the drilling of one or more horizontal wells.	24568

Sec. 1509.02. There is hereby created in the department of	24569
natural resources the division of oil and gas resources	24570
management, which shall be administered by the chief of the	24571
division of oil and gas resources management. The division has	24572
sole and exclusive authority to regulate the permitting, location,	24573
and spacing of oil and gas wells and production operations within	24574
the state, excepting only those activities regulated under federal	24575
laws for which oversight has been delegated to the environmental	24576
protection agency and activities regulated under sections 6111.02	24577
to ~~6111.029~~6111.028 of the Revised Code. The regulation of oil	24578
and gas activities is a matter of general statewide interest that	24579
requires uniform statewide regulation, and this chapter and rules	24580
adopted under it constitute a comprehensive plan with respect to	24581
all aspects of the locating, drilling, well stimulation,	24582
completing, and operating of oil and gas wells within this state,	24583
including site construction and restoration, permitting related to	24584
those activities, and the disposal of wastes from those wells. In	24585
order to assist the division in the furtherance of its sole and	24586
exclusive authority as established in this section, the chief may	24587
enter into cooperative agreements with other state agencies for	24588
advice and consultation, including visitations at the surface	24589
location of a well on behalf of the division. Such cooperative	24590
agreements do not confer on other state agencies any authority to	24591
administer or enforce this chapter and rules adopted under it. In	24592
addition, such cooperative agreements shall not be construed to	24593
dilute or diminish the division's sole and exclusive authority as	24594
established in this section. Nothing in this section affects the	24595
authority granted to the director of transportation and local	24596
authorities in section 723.01 or 4513.34 of the Revised Code,	24597
provided that the authority granted under those sections shall not	24598
be exercised in a manner that discriminates against, unfairly	24599
impedes, or obstructs oil and gas activities and operations	24600
regulated under this chapter.	24601

The chief shall not hold any other public office, nor shall	24602
the chief be engaged in any occupation or business that might	24603
interfere with or be inconsistent with the duties as chief.	24604

All moneys collected by the chief pursuant to sections	24605
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222,	24606
1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent	24607
of moneys received by the treasurer of state from the tax levied	24608
in divisions (A)(5) and (6) of section 5749.02 of the Revised	24609
Code, all civil penalties paid under section 1509.33 of the	24610
Revised Code, and, notwithstanding any section of the Revised Code	24611
relating to the distribution or crediting of fines for violations	24612
of the Revised Code, all fines imposed under divisions (A) and (B)	24613
of section 1509.99 of the Revised Code and fines imposed under	24614
divisions (C) and (D) of section 1509.99 of the Revised Code for	24615
all violations prosecuted by the attorney general and for	24616
violations prosecuted by prosecuting attorneys that do not involve	24617
the transportation of brine by vehicle shall be deposited into the	24618
state treasury to the credit of the oil and gas well fund, which	24619
is hereby created. Fines imposed under divisions (C) and (D) of	24620
section 1509.99 of the Revised Code for violations prosecuted by	24621
prosecuting attorneys that involve the transportation of brine by	24622
vehicle and penalties associated with a compliance agreement	24623
entered into pursuant to this chapter shall be paid to the county	24624
treasury of the county where the violation occurred.	24625

The fund shall be used solely and exclusively for the	24626
purposes enumerated in division (B) of section 1509.071 of the	24627
Revised Code, for the expenses of the division associated with the	24628
administration of this chapter and Chapter 1571. of the Revised	24629
Code and rules adopted under them, and for expenses that are	24630
critical and necessary for the protection of human health and	24631
safety and the environment related to oil and gas production in	24632
this state. The expenses of the division in excess of the moneys	24633
available in the fund shall be paid from general revenue fund	24634
appropriations to the department.	24635

Sec. 1509.062. (A)(1) The owner of a well that has not been	24636
completed, a well that has not produced within one year after	24637
completion, or an existing well that is not a horizontal well and	24638
that has no reported production for two consecutive reporting	24639
periods as reported in accordance with section 1509.11 of the	24640
Revised Code, or an existing horizontal well that has no reported	24641
production for eight consecutive reporting periods as reported in	24642
accordance with section 1509.11 of the Revised Code shall plug the	24643
well in accordance with section 1509.12 of the Revised Code,	24644
obtain temporary inactive well status for the well in accordance	24645
with this section, or perform another activity regarding the well	24646
that is approved by the chief of the division of oil and gas	24647
resources management.	24648

(2) If a well has a reported annual production that is less	24649
than one hundred thousand cubic feet of natural gas or fifteen	24650
barrels of crude oil, or a combination thereof, the chief may	24651
require the owner of the well to submit an application for	24652
temporary inactive well status under this section for the well.	24653

(B) In order for the owner of a well to submit an application	24654
for temporary inactive well status for the well under this	24655
division, the owner and the well shall be in compliance with this	24656
chapter and rules adopted under it, any terms and conditions of	24657
the permit for the well, and applicable orders issued by the	24658
chief. An application for temporary inactive status for a well	24659
shall be submitted to the chief on a form prescribed and provided	24660
by the chief and shall contain all of the following:	24661

(1) The owner's name and address and, if the owner is a	24662
corporation, the name and address of the corporation's statutory	24663
agent;	24664

(2) The signature of the owner or of the owner's authorized	24665
agent. When an authorized agent signs an application, the	24666
application shall be accompanied by a certified copy of the	24667
appointment as such agent.	24668

(3) The permit number assigned to the well. If the well has	24669
not been assigned a permit number, the chief shall assign a permit	24670
number to the well.	24671

(4) A map, on a scale not smaller than four hundred feet to	24672
the inch, that shows the location of the well and the tank	24673
battery, that includes the latitude and longitude of the well, and	24674
that contains all other data that are required by the chief;	24675

(5) A demonstration that the well is of future utility and	24676
that the applicant has a viable plan to utilize the well within a	24677
reasonable period of time;	24678

(6) A demonstration that the well poses no threat to the	24679
health or safety of persons, property, or the environment;	24680

(7) Any other relevant information that the chief prescribes	24681
by rule.	24682

The chief may waive any of the requirements established in	24683
divisions (B)(1) to (6) of this section if the division of oil and	24684
gas resources management possesses a current copy of the	24685
information or document that is required in the applicable	24686
division.	24687

(C) Upon receipt of an application for temporary inactive	24688
well status, the chief shall review the application and shall	24689
either deny the application by issuing an order or approve the	24690
application. The chief shall approve the application only if the	24691
chief determines that the well that is the subject of the	24692
application poses no threat to the health or safety of persons,	24693
property, or the environment. If the chief approves the	24694
application, the chief shall notify the applicant of the chief's	24695
approval. Upon receipt of the chief's approval, the owner shall	24696
shut in the well and empty all liquids and gases from all storage	24697
tanks, pipelines, and other equipment associated with the well. In	24698
addition, the owner shall maintain the well, other equipment	24699
associated with the well, and the surface location of the well in	24700
a manner that prevents hazards to the health and safety of people	24701
and the environment. The owner shall inspect the well at least	24702
every six months and submit to the chief within fourteen days	24703
after the inspection a record of inspection on a form prescribed	24704
and provided by the chief.	24705

(D) Not later than thirty days prior to the expiration of	24706
temporary inactive well status or a renewal of temporary inactive	24707
well status approved by the chief for a well, the owner of the	24708
well may submit to the chief an application for renewal of the	24709
temporary inactive well status on a form prescribed and provided	24710
by the chief. The application shall include a detailed plan that	24711
describes the ultimate disposition of the well, the time frames	24712
for that disposition, and any other information that the chief	24713
determines is necessary. The chief shall either deny an	24714
application by order or approve the application. If the chief	24715
approves the application, the chief shall notify the owner of the	24716
well of the chief's approval.	24717

(E) An application for temporary inactive well status shall	24718
be accompanied by a nonrefundable fee of one hundred dollars. An	24719
application for a renewal of temporary inactive well status shall	24720
be accompanied by a nonrefundable fee of two hundred fifty dollars	24721
for the first renewal and five hundred dollars for each subsequent	24722
renewal.	24723

(F) After a third renewal, the chief may require an owner to	24724
provide a surety bond in an amount not to exceed ten thousand	24725
dollars for each of the owner's wells that has been approved by	24726
the chief for temporary inactive well status.	24727

(G) Temporary inactive well status approved by the chief	24728
expires one year after the date of approval of the application for	24729
temporary inactive well status or production from the well	24730
commences, whichever occurs sooner. In addition, a renewal of a	24731
temporary inactive well status expires one year after the	24732
expiration date of the initial temporary inactive well status or	24733
one year after the expiration date of the previous renewal of the	24734
temporary inactive well status, as applicable, or production from	24735
the well commences, whichever occurs sooner.	24736

(H) The owner of a well that has been approved by the chief	24737
for temporary inactive well status may commence production from	24738
the well at any time. Not later than sixty days after the	24739
commencement of production from such a well, the owner shall	24740
notify the chief of the commencement of production.	24741

(I) This chapter and rules adopted under it, any terms and	24742
conditions of the permit for a well, and applicable orders issued	24743
by the chief apply to a well that has been approved by the chief	24744
for temporary inactive well status or renewal of that status.	24745

Sec. 1509.10. (A) Any person drilling within the state	24746
shall, within sixty days after the completion of drilling	24747
operations to the proposed total depth or after a determination	24748
that a well is a dry or lost hole, file with the division of oil	24749
and gas resources management all wireline electric logs and an	24750
accurate well completion record on a form that is prescribed by	24751
the chief of the division of oil and gas resources management that	24752
designates:	24753

(1) The purpose for which the well was drilled;

24754

(2) The character, depth, and thickness of geological units	24755
encountered, including coal seams, mineral beds, associated fluids	24756
such as fresh water, brine, and crude oil, natural gas, and sour	24757
gas, if such seams, beds, fluids, or gases are known;	24758

(3) The dates on which drilling operations were commenced and	24759
completed;	24760

(4) The types of drilling tools used and the name of the	24761
person that drilled the well;	24762

(5) The length in feet of the various sizes of casing and	24763
tubing used in drilling the well, the amount removed after	24764
completion, the type and setting depth of each packer, all other	24765
data relating to cementing in the annular space behind such casing	24766
or tubing, and data indicating completion as a dry, gas, oil,	24767
combination oil and gas, brine injection, or artificial brine well	24768
or a stratigraphic test;	24769

(6) The number of perforations in the casing and the	24770
intervals of the perforations;	24771

(7) The elevation above mean sea level of the point from	24772
which the depth measurements were made, stating also the height of	24773
the point above ground level at the well, the total depth of the	24774
well, and the deepest geological unit that was penetrated in the	24775
drilling of the well;	24776

(8) If applicable, the type, volume, and concentration of	24777
acid, and the date on which acid was used in acidizing the well;	24778

(9)(a) If applicable, the trade name and the total amount of	24779
all products, fluids, and substances, and the supplier of each	24780
product, fluid, or substance, not including cement and its	24781
constituents and lost circulation materials, intentionally added	24782
to facilitate the drilling of any portion of the well until the	24783
surface casing is set and properly sealed. The owner shall	24784
identify each additive used and provide a brief description of the	24785
purpose for which the additive is used. In addition, the owner	24786
shall include a list of all chemicals, not including any	24787
information that is designated as a trade secret pursuant to	24788
division (I)(1) of this section, intentionally added to all	24789
products, fluids, or substances and include each chemical's	24790
corresponding chemical abstracts service number and the maximum	24791
concentration of each chemical. The owner shall obtain the	24792
chemical information, not including any information that is	24793
designated as a trade secret pursuant to division (I)(1) of this	24794
section, from the company that drilled the well, provided service	24795
at the well, or supplied the chemicals. If the company that	24796
drilled the well, provided service at the well, or supplied the	24797
chemicals provides incomplete or inaccurate chemical information,	24798
the owner shall make reasonable efforts to obtain the required	24799
information from the company or supplier.	24800

(b) For purposes of division (A)(9)(a) of this section, if	24801
recycled fluid was used, the total volume of recycled fluid and	24802
the well that is the source of the recycled fluid or the	24803
centralized facility that is the source of the recycled fluid.	24804

(10)(a) If applicable, the type and volume of fluid, not	24805
including cement and its constituents or information that is	24806
designated as a trade secret pursuant to division (I)(1) of this	24807
section, used to stimulate the reservoir of the well, the	24808
reservoir breakdown pressure, the method used for the containment	24809
of fluids recovered from the fracturing of the well, the methods	24810
used for the containment of fluids when pulled from the wellbore	24811
from swabbing the well, the average pumping rate of the well, and	24812
the name of the person that performed the well stimulation. In	24813
addition, the owner shall include a copy of the log from the	24814
stimulation of the well, a copy of the invoice for each of the	24815
procedures and methods described in division (A)(10) of this	24816
section that were used on a well, and a copy of the pumping	24817
pressure and rate graphs. However, the owner may redact from the	24818
copy of each invoice that is required to be included under	24819
division (A)(10) of this section the costs of and charges for the	24820
procedures and methods described in division (A)(10) of this	24821
section that were used on a well.	24822

(b) If applicable, the trade name and the total volume of all	24823
products, fluids, and substances, and the supplier of each	24824
product, fluid, or substance used to stimulate the well. The	24825
owner shall identify each additive used, provide a brief	24826
description of the purpose for which the additive is used, and	24827
include the maximum concentration of the additive used. In	24828
addition, the owner shall include a list of all chemicals, not	24829
including any information that is designated as a trade secret	24830
pursuant to division (I)(1) of this section, intentionally added	24831
to all products, fluids, or substances and include each chemical's	24832
corresponding chemical abstracts service number and the maximum	24833
concentration of each chemical. The owner shall obtain the	24834
chemical information, not including any information that is	24835
designated as a trade secret pursuant to division (I)(1) of this	24836
section, from the company that stimulated the well or supplied the	24837
chemicals. If the company that stimulated the well or supplied the	24838
chemicals provides incomplete or inaccurate chemical information,	24839
the owner shall make reasonable efforts to obtain the required	24840
information from the company or supplier.	24841

(c) For purposes of division (A)(10)(b) of this section, if	24842
recycled fluid was used, the total volume of recycled fluid and	24843
the well that is the source of the recycled fluid or the	24844
centralized facility that is the source of the recycled fluid.	24845

(11) The name of the company that performed the logging of	24846
the well and the types of wireline electric logs performed on the	24847
well.	24848

The well completion record shall be submitted in duplicate.	24849
The first copy shall be retained as a permanent record in the	24850
files of the division, and the second copy shall be transmitted by	24851
the chief to the division of geological survey.	24852

(B)(1) Not later than sixty days after the completion of the	24853
drilling operations to the proposed total depth, the owner shall	24854
file all wireline electric logs with the division of oil and gas	24855
resources management and the chief shall transmit such logs	24856
electronically, if available, to the division of geological	24857
survey. Such logs may be retained by the owner for a period of not	24858
more than six months, or such additional time as may be granted by	24859
the chief in writing, after the completion of the well	24860
substantially to the depth shown in the application required by	24861
section 1509.06 of the Revised Code.	24862

(2) If a well is not completed within sixty days after the	24863
completion of drilling operations, the owner shall file with the	24864
division of oil and gas resources management a supplemental well	24865
completion record that includes all of the information required	24866
under this section within sixty days after the completion of the	24867
well.	24868

(3) After a well is initially completed and stimulated and	24869
until the well is plugged, the owner shall report, on a form	24870
prescribed by the chief, all materials placed into the formation	24871
to refracture, restimulate, or newly complete the well. The owner	24872
shall submit the information within sixty days after completing	24873
the refracturing, restimulation, or new completion. In addition,	24874
the owner shall report the information required in divisions	24875
(A)(10)(a) to (c) of this section, as applicable, in a manner	24876
consistent with the requirements established in this section.	24877

(C) Upon request in writing by the chief of the division of	24878
geological survey prior to the beginning of drilling of the well,	24879
the person drilling the well shall make available a complete set	24880
of cuttings accurately identified as to depth.	24881

(D) The form of the well completion record required by this	24882
section shall be one that has been prescribed by the chief of the	24883
division of oil and gas resources management and the chief of the	24884
division of geological survey. The filing of a log as required by	24885
this section fulfills the requirement of filing a log with the	24886
chief of the division of geological survey in section 1505.04 of	24887
the Revised Code.	24888

(E) If a material listed or designated under division (A)(9)	24889
or (10) or (B)(3) of this section is a material for which the	24890
division of oil and gas resources management does not have a	24891
material safety data sheet, the owner shall provide a copy of the	24892
material safety data sheet for the material to the chief.	24893

(F) An owner shall submit to the chief the information that	24894
is required in divisions (A)(10)(b) and (c) and (B)(3) of this	24895
section consistent with the requirements established in this	24896
section using one of the following methods:	24897

(1) On a form prescribed by the chief;

24898

(2) Through the chemical disclosure registry that is	24899
maintained by the ground water protection council and the	24900
interstate oil and gas compact commission;	24901

(3) Any other means approved by the chief.

24902

(G) The chief shall post on the division's web site each	24903
material safety data sheet obtained under division (E) of this	24904
section. In addition, the chief shall make available through the	24905
division's web site the chemical information that is required by	24906
divisions (A)(9) and (10) and (B)(3) of this section.	24907

(H)(1) If a medical professional, in order to assist in the	24908
diagnosis or treatment of an individual who was affected by an	24909
incident associated with the production operations of a well,	24910
requests the exact chemical composition of each product, fluid, or	24911
substance and of each chemical component in a product, fluid, or	24912
substance that is designated as a trade secret pursuant to	24913
division (I) of this section, the person claiming the trade secret	24914
protection pursuant to that division shall provide to the medical	24915
professional the exact chemical composition of the product, fluid,	24916
or substance and of the chemical component in a product, fluid, or	24917
substance that is requested.	24918

(2) A medical professional who receives information pursuant	24919
to division (H)(1) of this section shall keep the information	24920
confidential and shall not disclose the information for any	24921
purpose that is not related to the diagnosis or treatment of an	24922
individual who was affected by an incident associated with the	24923
production operations of a well. Nothing in division (H)(2) of	24924
this section precludes a medical professional from making any	24925
report required by law or professional ethical standards.	24926

(I)(1) The owner of a well who is required to submit a well	24927
completion record under division (A) of this section or a report	24928
under division (B)(3) of this section or a person that provides	24929
information to the owner as described in and for purposes of	24930
division (A)(9) or (10) or (B)(3) of this section may designate	24931
without disclosing on a form prescribed by the chief and withhold	24932
from disclosure to the chief the identity, amount, concentration,	24933
or purpose of a product, fluid, or substance or of a chemical	24934
component in a product, fluid, or substance as a trade secret. The	24935
owner or person may pursue enforcement of any rights or remedies	24936
established in sections 1333.61 to 1333.69 of the Revised Code for	24937
misappropriation, as defined in section 1333.61 of the Revised	24938
Code, with respect to the identity, amount, concentration, or	24939
purpose of a product, fluid, or substance or a chemical component	24940
in a product, fluid, or substance designated as a trade secret	24941
pursuant to division (I)(1) of this section. The division shall	24942
not disclose information regarding the identity, amount,	24943
concentration, or purpose of any product, fluid, or substance or	24944
of any chemical component in a product, fluid, or substance	24945
designated as a trade secret pursuant to division (I)(1) of this	24946
section.	24947

(2) A property owner, an adjacent property owner, or any	24948
person or agency of this state having an interest that is or may	24949
be adversely affected by a product, fluid, or substance or by a	24950
chemical component in a product, fluid, or substance may commence	24951
a civil action in the court of common pleas of Franklin county	24952
against an owner or person described in division (I)(1) of this	24953
section challenging the owner's or person's claim to entitlement	24954
to trade secret protection for the specific identity, amount,	24955
concentration, or purpose of a product, fluid, or substance or of	24956
a chemical component in a product, fluid, or substance pursuant to	24957
division (I)(1) of this section. A person who commences a civil	24958
action pursuant to division (I)(2) of this section shall provide	24959
notice to the chief in a manner prescribed by the chief. In the	24960
civil action, the court shall conduct an in camera review of	24961
information submitted by an owner or person described in division	24962
(I)(1) of this section to determine if the identity, amount,	24963
concentration, or purpose of a product, fluid, or substance or of	24964
a chemical component in a product, fluid, or substance pursuant to	24965
division (I)(1) of this section is entitled to trade secret	24966
protection.	24967

(J)(1) Except for any information that is designated as a	24968
trade secret pursuant to division (I)(1) of this section and	24969
except as provided in division (J)(2) of this section, the owner	24970
of a well shall maintain records of all chemicals placed in a well	24971
for a period of not less than two years after the date on which	24972
each such chemical was placed in the well. The chief may inspect	24973
the records at any time concerning any such chemical.	24974

(2) An owner or person who has designated the identity,	24975
amount, concentration, or purpose of a product, fluid, or	24976
substance or of a chemical component in a product, fluid, or	24977
substance as a trade secret pursuant to division (I)(1) of this	24978
section shall maintain the records for such a product, fluid, or	24979
substance or for a chemical component in a product, fluid, or	24980
substance for a period of not less than two years after the date	24981
on which each such product, fluid, or substance or each such	24982
chemical component in a product, fluid, or substance was placed in	24983
the well. Upon the request of the chief, the owner or person, as	24984
applicable, shall disclose the records to the chief if the	24985
information is necessary to respond to a spill, release, or	24986
investigation. However, the chief shall not disclose the	24987
information that is designated as a trade secret.	24988

(K)(1) For purposes of correcting inaccuracies and	24989
incompleteness in chemical information required by divisions	24990
(A)(9) and (10) and (B)(3) of this section, an owner shall be	24991
considered in substantial compliance if the owner has made	24992
reasonable efforts to obtain the required information from the	24993
supplier.	24994

(2) For purposes of reporting under this section, an owner is	24995
not required to report chemicals that occur incidentally or in	24996
trace amounts.	24997

(L) As used in this section, the term "material safety data	24998
sheet" shall conform to any revision of or change in the term by	24999
the occupational safety and health administration in the United	25000
States department of labor.	25001

Sec. 1509.11. (A)(1) The owner of any well, ~~including~~except	25002
a horizontal well, that is producing or capable of producing oil	25003
or gas shall file with the chief of the division of oil and gas	25004
resources management, on or before the thirty-first day of March,	25005
a statement of production of oil, gas, and brine for the last	25006
preceding calendar year in such form as the chief may prescribe.	25007
An owner that has more than one hundred such wells in this state	25008
shall submit electronically the statement of production in a	25009
format that is approved by the chief. The chief shall include on	25010
the form, at the minimum, a request for the submittal of the	25011
information that a person who is regulated under this chapter is	25012
required to submit under the "Emergency Planning and Community	25013
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and	25014
regulations adopted under it, and that the division of oil and gas	25015
resources management does not obtain through other reporting	25016
mechanisms.	25017

(2) The owner of any horizontal well that is producing or	25018
capable of producing oil or gas shall file with the chief, on the	25019
forty-fifth day following the close of each calendar quarter, a	25020
statement of production of oil, gas, and brine for the preceding	25021
calendar quarter in a form that the chief prescribes. An owner	25022
that has more than one hundred horizontal wells in this state	25023
shall submit electronically the statement of production in a	25024
format that is approved by the chief. The chief shall include on	25025
the form, at a minimum, a request for the submittal of the	25026
information that a person who is regulated under this chapter is	25027
required to submit under the "Emergency Planning and Community	25028
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and	25029
regulations adopted under it, and that the division does not	25030
obtain through other reporting mechanisms.	25031

(B) The chief shall not disclose information received from	25032
the department of taxation under division (C)(12) of section	25033
5703.21 of the Revised Code until the related statement of	25034
production required by division (A) of this section is filed with	25035
the chief.	25036

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	25037
assessment is hereby imposed by this section on an owner. An owner	25038
shall pay the assessment in the same manner as a severer who is	25039
required to file a return under section 5749.06 of the Revised	25040
Code. However, an owner may designate a severer who shall pay the	25041
owner's assessment on behalf of the owner on the return that the	25042
severer is required to file under that section. If a severer so	25043
pays an owner's assessment, the severer may recoup from the owner	25044
the amount of the assessment. Except for an exempt domestic well,	25045
the assessment imposed shall be in addition to the taxes levied on	25046
the severance of oil and gas under section 5749.02 of the Revised	25047
Code.	25048

(B)(1) Except for an exempt domestic well, the oil and gas	25049
regulatory cost recovery assessment shall be calculated on a	25050
quarterly basis and shall be one of the following:	25051

(a) If the sum of ten cents per barrel of oil for all of the	25052
wells of the owner, one-half of one cent per one thousand cubic	25053
feet of natural gas for all of the wells of the owner, and the	25054
amount of the severance tax levied on each severer for all of the	25055
wells of the owner under divisions (A)(5) and (6) of section	25056
5749.02 of the Revised Code, as applicable, is greater than the	25057
sum of fifteen dollars for each well owned by the owner, the	25058
amount of the assessment is the sum of ten cents per barrel of oil	25059
for all of the wells of the owner and one-half of one cent per one	25060
thousand cubic feet of natural gas for all of the wells of the	25061
owner.	25062

(b) If the sum of ten cents per barrel of oil for all of the	25063
wells of the owner, one-half of one cent per one thousand cubic	25064
feet of natural gas for all of the wells of the owner, and the	25065
amount of the severance tax levied on each severer for all of the	25066
wells of the owner under divisions (A)(5) and (6) of section	25067
5749.02 of the Revised Code, as applicable, is less than the sum	25068
of fifteen dollars for each well owned by the owner, the amount of	25069
the assessment is the sum of fifteen dollars for each well owned	25070
by the owner less the amount of the tax levied on each severer for	25071
all of the wells of the owner under divisions (A)(5) and (6) of	25072
section 5749.02 of the Revised Code, as applicable.	25073

(2) The oil and gas regulatory cost recovery assessment for a	25074
well that becomes an exempt domestic well on and after June 30,	25075
2010, shall be sixty dollars to be paid to the division of oil and	25076
gas resources management on the first day of July of each year.	25077

(C) All money collected pursuant to this section shall be	25078
~~deposited in the state treasury to the credit of~~credited to the	25079
severance tax receipts fund. After the director of budget and	25080
management transfers money from the severance tax receipts fund as	25081
required in division (H) of section 5749.06 of the Revised Code,	25082
money in the severance tax receipts fund from amounts collected	25083
pursuant to this section shall be credited to the oil and gas well	25084
fund created in section 1509.02 of the Revised Code.	25085

(D) Except for purposes of revenue distribution as specified	25086
in division (B) of section 5749.02 of the Revised Code, the oil	25087
and gas regulatory cost recovery assessment imposed by this	25088
section shall be treated the same and equivalent for all purposes	25089
as the taxes levied on the severance of oil and gas under that	25090
section. However, the assessment imposed by this section is not a	25091
tax under Chapter 5749. of the Revised Code.	25092

Sec. 1509.73. (A)(1) Beginning on ~~the effective date of this~~	25093
~~section~~September 30, 2011, and ending on the effective date of	25094
the rules adopted under section 1509.74 of the Revised Code, a	25095
state agency, in consultation with the oil and gas leasing	25096
commission, may lease a formation within a parcel of land that is	25097
owned or controlled by the state agency for the exploration for	25098
and development and production of oil or natural gas. The state	25099
agency shall establish bid fees, signing fees, rentals, and at	25100
least a one-eighth landowner royalty. On and after the effective	25101
date of the rules adopted under section 1509.74 of the Revised	25102
Code, a formation within a parcel of land that is owned or	25103
controlled by a state agency may be leased for the exploration for	25104
and development and production of oil or natural gas only in	25105
accordance with divisions (A)(2) to (H) of this section and those	25106
rules.	25107

(2) Not earlier than two hundred seventy days after ~~the~~	25108
~~effective date of this section~~September 30, 2011, a person that	25109
is an owner and that is interested in leasing a formation within a	25110
parcel of land that is owned or controlled by a state agency for	25111
the exploration for and the development and production of oil or	25112
natural gas may submit to the oil and gas leasing commission a	25113
nomination that identifies the parcel of land. A person submitting	25114
a nomination shall submit it in the manner and form established in	25115
rules adopted under section 1509.74 of the Revised Code and shall	25116
include with the nomination both of the following:	25117

(a) The information required by those rules;

25118

(b) The nomination fee established in those rules.

25119

(B)(1) Not less than thirty days, but not more than one	25120
hundred twenty days following the receipt of a nomination of a	25121
parcel of land, the commission shall conduct a meeting for the	25122
purpose of determining whether to approve or disapprove the	25123
nomination for the purpose of leasing a formation within the	25124
parcel of land that is identified in the nomination. The	25125
commission also shall review the nomination of the parcel of land	25126
and determine if the parcel of land has been classified under	25127
section 1509.72 of the Revised Code. If the parcel of land that is	25128
the subject of the nomination has not been classified, the	25129
commission immediately shall send a copy of the nomination to the	25130
state agency that owns or controls the parcel that is the subject	25131
of the nomination. Not later than fifteen days after receipt of a	25132
copy of the nomination, the state agency shall classify the parcel	25133
of land as a class 1, class 2, class 3, or class 4 property and	25134
submit the classification to the commission. On receipt of the	25135
state agency's classification of the parcel of land, the	25136
commission shall provide the department of natural resources the	25137
information necessary for the department to comply with divisions	25138
(C) and (D) of section 1509.72 of the Revised Code.	25139

After a parcel of land that is the subject of a nomination	25140
has been classified under section 1509.72 of the Revised Code or	25141
division (B)(1) of this section, as applicable, the commission	25142
shall approve or disapprove the nomination. In making its decision	25143
to approve or disapprove the nomination of the parcel of land, the	25144
commission shall consider all of the following:	25145

(a) The economic benefits, including the potential income	25146
from an oil or natural gas operation, that would result if the	25147
lease of a formation that is the subject of the nomination were	25148
approved;	25149

(b) Whether the proposed oil or gas operation is compatible	25150
with the current uses of the parcel of land that is the subject of	25151
the nomination;	25152

(c) The environmental impact that would result if the lease	25153
of a formation that is the subject of the nomination were	25154
approved;	25155

(d) Any potential adverse geological impact that would result	25156
if the lease of a formation that is the subject of the nomination	25157
were approved;	25158

(e) Any potential impact to visitors or users of a parcel of	25159
land that is the subject of the nomination;	25160

(f) Any potential impact to the operations or equipment of a	25161
state agency that is a state university or college if the lease of	25162
a formation within a parcel of land owned or controlled by the	25163
university or college that is the subject of the nomination were	25164
executed;	25165

(g) Any objections to the nomination submitted to the	25166
commission by the state agency that owns or controls the land on	25167
which the proposed oil or natural gas operation would take place;	25168

(h) Any comments or objections to the nomination submitted to	25169
the commission by residents of this state or other users of the	25170
parcel of land that is the subject of the nomination;	25171

(i) Any other factors that the commission establishes in	25172
rules adopted under section 1509.74 of the Revised Code.	25173

(2) The commission shall disapprove a nomination of a parcel	25174
of land that is a class 3 property. The commission shall send	25175
notice of the disapproval by certified mail to the person that	25176
submitted the nomination.	25177

(3) Prior to making its decision to approve or disapprove a	25178
nomination, the commission shall notify the state agency that owns	25179
or controls the land on which the oil or gas operation would take	25180
place.	25181

(4) The commission shall approve or disapprove a nomination	25182
not later than two calendar quarters following the receipt of the	25183
nomination. Notice of the decision of the commission shall be sent	25184
by certified mail to the person that submitted the nomination.	25185

(5) If the commission approves a nomination, the commission	25186
shall notify the state agency that owns or controls the parcel of	25187
land that is the subject of a nomination of the commission's	25188
approval of the nomination. The notification shall request the	25189
state agency to submit to the commission special terms and	25190
conditions that will apply to the lease of a formation within the	25191
parcel of land because of specific conditions related to the	25192
parcel of land. The state agency shall submit the special terms	25193
and conditions not later than sixty days after receipt of a notice	25194
from the commission.	25195

(6) If the commission approves a nomination for a parcel of	25196
land that is a class 1 property, the commission shall offer for	25197
lease each formation that is within the parcel of land. If the	25198
commission approves a nomination for a parcel of land that is a	25199
class 2 or class 4 property, the commission shall not offer for	25200
lease any formation that is within the parcel of land unless the	25201
state agency that owns or controls the parcel of land notifies the	25202
commission that a formation or formations that are within the	25203
parcel of land may be offered for lease.	25204

(C) Each calendar quarter, the commission shall proceed to	25205
advertise for bids for a lease for a formation within a parcel of	25206
land that was the subject of a nomination approved during the	25207
previous calendar quarter that is a class 1 property or that is a	25208
class 2 or class 4 property for which the commission has received	25209
notice from the state agency that owns or controls the parcel of	25210
land under division (B)(6) of this section that a formation or	25211
formations that are within the parcel of land may be offered for	25212
lease. The advertisement shall be provided to the department of	25213
natural resources, and the department shall publish the	25214
advertisement on its web site for a period of time established by	25215
the commission. The advertisement shall include all of the	25216
following:	25217

(1) The procedure for the submission of a bid to enter into a	25218
lease for a formation within a parcel of land;	25219

(2) A statement that a standard lease form that is consistent	25220
with the practices of the oil and natural gas industries will be	25221
used for the lease of a formation within the parcel of land;	25222

(3) A copy of the standard lease form that will be used for	25223
the lease of a formation within the parcel of land;	25224

(4) Special terms and conditions, if applicable, that apply	25225
to the lease because of specific conditions related to the parcel	25226
of land;	25227

(5) The amount of the bid fee that is required to be	25228
submitted with a bid;	25229

(6) Any other information that the commission considers	25230
pertinent to the advertisement for bids.	25231

(D) A person submitting a bid to enter into a lease under	25232
this section shall pay a bid fee established in rules adopted	25233
under section 1509.74 of the Revised Code.	25234

(E) In order to encourage the submission of bids and the	25235
responsible and reasonable development of the state's natural	25236
resources, the information that is contained in a bid submitted to	25237
the commission under this section shall be confidential and shall	25238
not be disclosed before a person is selected under division (F) of	25239
this section unless the commission determines otherwise.	25240

(F) The commission shall establish a deadline for the	25241
submission of bids for each lease regarding a particular parcel of	25242
land and shall notify the department of the deadline. The	25243
department shall post the deadline for the submission of bids for	25244
each lease on the department's web site. A person shall submit a	25245
bid in accordance with the procedures and requirements established	25246
by the commission in rules adopted under section 1509.74 of the	25247
Revised Code.	25248

The commission shall select the person who submits the	25249
highest and best bid for each formation within that parcel of	25250
land, taking into account the financial responsibility of the	25251
prospective lessee and the ability of the prospective lessee to	25252
perform its obligations under the lease. After the commission	25253
selects a person, the commission shall notify the applicable state	25254
agency and send the person's bid to the agency. The state agency	25255
shall enter into a lease with the person selected by the	25256
commission.	25257

(G)(1) Except as otherwise provided in ~~division~~divisions	25258
(G)(2) and (3) of this section, all money received by a state	25259
agency from signing fees, rentals, and royalty payments for leases	25260
entered into under this section shall be paid by the state agency	25261
into the state treasury to the credit of the state land royalty	25262
fund created in section 131.50 of the Revised Code.	25263

(2) Money received by a state agency from signing fees,	25264
rentals, and royalty payments for leases entered into under this	25265
section on land owned or controlled by the division of forestry,	25266
or wildlife~~, or parks and recreation~~ in the department of natural	25267
resources shall be deposited into one of the following funds, as	25268
applicable:	25269

(a) The forestry mineral royalties fund created in section	25270
1503.012 of the Revised Code if the lease pertains to land owned	25271
or controlled by the division of forestry;	25272

(b) The wildlife habitat fund created in section 1531.33 of	25273
the Revised Code if the lease pertains to land owned or controlled	25274
by the division of wildlife;	25275

~~(c) The parks mineral royalties fund created in section~~	25276
~~1541.26 of the Revised Code if the lease pertains to land owned or~~	25277
~~controlled by the division of parks and recreation~~.	25278

(3) Money received by a state agency from signing fees,	25279
rentals, and royalty payments for leases entered into under this	25280
section on land owned or controlled by the division of parks and	25281
recreation in the department of natural resources shall be	25282
deposited in the state treasury and credited as follows:	25283

(a) Fifty per cent of the money shall be credited to the	25284
parks mineral royalties fund created in section 1541.26 of the	25285
Revised Code.	25286

(b) Fifty per cent of the money shall be credited to the	25287
clean Ohio distribution fund created in section 151.50 of the	25288
Revised Code.	25289

(H) All money received from nomination fees and bid fees	25290
shall be paid into the state treasury to the credit of the oil and	25291
gas leasing commission administration fund created in section	25292
1509.75 of the Revised Code.	25293

(I) Notwithstanding any other provision of this section to	25294
the contrary, a nature preserve as defined in section 1517.01 of	25295
the Revised Code that is owned or controlled by a state agency	25296
shall not be nominated or leased under this section for the	25297
purpose of exploring for and developing and producing oil and	25298
natural gas resources.	25299

Sec. 1511.02. The chief of the division of soil and water	25300
resources, subject to the approval of the director of natural	25301
resources, shall do all of the following:	25302

(A) Provide administrative leadership to local soil and water	25303
conservation districts in planning, budgeting, staffing, and	25304
administering district programs and the training of district	25305
supervisors and personnel in their duties, responsibilities, and	25306
authorities as prescribed in this chapter and Chapter 1515. of the	25307
Revised Code;	25308

(B) Administer this chapter and Chapter 1515. of the Revised	25309
Code pertaining to state responsibilities and provide staff	25310
assistance to the Ohio soil and water conservation commission in	25311
exercising its statutory responsibilities;	25312

(C) Assist in expediting state responsibilities for watershed	25313
development and other natural resource conservation works of	25314
improvement;	25315

(D) Coordinate the development and implementation of	25316
cooperative programs and working agreements between local soil and	25317
water conservation districts and divisions or sections of the	25318
department of natural resources, or other agencies of local,	25319
state, and federal government;	25320

(E) Subject to the approval of the Ohio soil and water	25321
conservation commission, adopt, amend, or rescind rules pursuant	25322
to Chapter 119. of the Revised Code. Rules adopted pursuant to	25323
this section:	25324

(1) Shall establish technically feasible and economically	25325
reasonable standards to achieve a level of management and	25326
conservation practices in farming or silvicultural operations that	25327
will abate wind or water erosion of the soil or abate the	25328
degradation of the waters of the state by animal waste or by soil	25329
sediment including substances attached thereto, and establish	25330
criteria for determination of the acceptability of such management	25331
and conservation practices;	25332

(2) Shall establish technically feasible and economically	25333
reasonable standards to achieve a level of management and	25334
conservation practices that will abate wind or water erosion of	25335
the soil or abate the degradation of the waters of the state by	25336
soil sediment in conjunction with land grading, excavating,	25337
filling, or other soil-disturbing activities on land used or being	25338
developed for nonfarm commercial, industrial, residential, or	25339
other nonfarm purposes, and establish criteria for determination	25340
of the acceptability of such management and conservation	25341
practices. The standards shall be designed to implement applicable	25342
areawide waste treatment management plans prepared under section	25343
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	25344
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	25345
shall not apply in any municipal corporation or county that adopts	25346
ordinances or rules pertaining to sediment control, nor to lands	25347
being used in a strip mine operation as defined in section 1513.01	25348
of the Revised Code, nor to lands being used in a surface mining	25349
operation as defined in section 1514.01 of the Revised Code.	25350

(3) May recommend criteria and procedures for the approval of	25351
urban sediment pollution abatement plans and issuance of permits	25352
prior to any grading, excavating, filling, or other whole or	25353
partial disturbance of five or more contiguous acres of land owned	25354
by one person or operated as one development unit and require	25355
implementation of such a plan. Areas of less than five contiguous	25356
acres are not exempt from compliance with other provisions of this	25357
chapter and rules adopted under them.	25358

(4) Shall establish procedures for administration of rules	25359
for agricultural pollution abatement and urban sediment pollution	25360
abatement and for enforcement of rules for agricultural pollution	25361
abatement;	25362

(5) Shall specify the pollution abatement practices eligible	25363
for state cost sharing and determine the conditions for	25364
eligibility, the construction standards and specifications, the	25365
useful life, the maintenance requirements, and the limits of cost	25366
sharing for those practices. Eligible practices shall be limited	25367
to practices that address agricultural or silvicultural operations	25368
and that require expenditures that are likely to exceed the	25369
economic returns to the owner or operator and that abate soil	25370
erosion or degradation of the waters of the state by animal waste	25371
or soil sediment including pollutants attached thereto.	25372

(6) Shall establish procedures for administering grants to	25373
owners or operators of agricultural land or concentrated animal	25374
feeding operations for the implementation of operation and	25375
management plans;	25376

(7) Shall establish procedures for administering grants to	25377
soil and water conservation districts for urban sediment pollution	25378
abatement programs, specify the types of projects eligible for	25379
grants, establish limits on the availability of grants, and	25380
establish requirements governing the execution of projects to	25381
encourage the reduction of erosion and sedimentation associated	25382
with soil-disturbing activities;	25383

(8) Shall do all of the following with regard to composting	25384
conducted in conjunction with agricultural operations:	25385

(a) Provide for the distribution of educational material	25386
concerning composting to the offices of ~~the Ohio cooperative~~OSU	25387
extension ~~service~~ for the purposes of section 1511.022 of the	25388
Revised Code;	25389

(b) Establish methods, techniques, or practices for	25390
composting dead animals, or particular types of dead animals, that	25391
are to be used at such operations, as the chief considers to be	25392
necessary or appropriate;	25393

(c) Establish requirements and procedures governing the	25394
review and approval or disapproval of composting plans by the	25395
supervisors of soil and water conservation districts under	25396
division (Q) of section 1515.08 of the Revised Code.	25397

(9) Shall be adopted, amended, or rescinded after the chief	25398
does all of the following:	25399

(a) Mails notice to each statewide organization that the	25400
chief determines represents persons or local governmental agencies	25401
who would be affected by the proposed rule, amendment thereto, or	25402
rescission thereof at least thirty-five days before any public	25403
hearing thereon;	25404

(b) Mails a copy of each proposed rule, amendment thereto, or	25405
rescission thereof to any person who requests a copy, within five	25406
days after receipt of the request;	25407

(c) Consults with appropriate state and local governmental	25408
agencies or their representatives, including statewide	25409
organizations of local governmental officials, industrial	25410
representatives, and other interested persons;	25411

(d) If the rule relates to agricultural pollution abatement,	25412
develops an economic impact statement concerning the effect of the	25413
proposed rule or amendment.	25414

(10) Shall not conflict with air or water quality standards	25415
adopted pursuant to section 3704.03 or 6111.041 of the Revised	25416
Code. Compliance with rules adopted pursuant to this section does	25417
not affect liability for noncompliance with air or water quality	25418
standards adopted pursuant to section 3704.03 or 6111.041 of the	25419
Revised Code. The application of a level of management and	25420
conservation practices recommended under this section to control	25421
windblown soil from farming operations creates a presumption of	25422
compliance with section 3704.03 of the Revised Code as that	25423
section applies to windblown soil.	25424

(11) Insofar as the rules relate to urban sediment pollution,	25425
shall not be applicable in a municipal corporation or county that	25426
adopts ordinances or rules for urban sediment control, except that	25427
a municipal corporation or county that adopts such ordinances or	25428
rules may receive moneys for urban sediment control that are	25429
disbursed by the board of supervisors of the applicable soil and	25430
water conservation district under division (N) of section 1515.08	25431
of the Revised Code. The rules shall not exempt any person from	25432
compliance with municipal ordinances enacted pursuant to Section 3	25433
of Article XVIII, Ohio Constitution.	25434

(F) Cost share with landowners on practices established	25435
pursuant to division (E)(5) of this section as moneys are	25436
appropriated and available for that purpose. Any practice for	25437
which cost share is provided shall be maintained for its useful	25438
life. Failure to maintain a cost share practice for its useful	25439
life shall subject the landowner to full repayment to the	25440
division.	25441

(G) Issue orders requiring compliance with any rule adopted	25442
under division (E)(1) of this section or with section 1511.022 of	25443
the Revised Code. Before the chief issues an order, the chief	25444
shall afford each person allegedly liable an adjudication hearing	25445
under Chapter 119. of the Revised Code. The chief may require in	25446
an order that a person who has caused agricultural pollution by	25447
failure to comply with the standards established under division	25448
(E)(1) of this section operate under an operation and management	25449
plan approved by the chief under this section. The chief shall	25450
require in an order that a person who has failed to comply with	25451
division (A) of section 1511.022 of the Revised Code prepare a	25452
composting plan in accordance with rules adopted under division	25453
(E)(10)(c) of this section and operate in accordance with that	25454
plan or that a person who has failed to operate in accordance with	25455
such a plan begin to operate in accordance with it. Each order	25456
shall be issued in writing and contain a finding by the chief of	25457
the facts upon which the order is based and the standard that is	25458
not being met.	25459

(H) Employ field assistants and such other employees as are	25460
necessary for the performance of the work prescribed by Chapter	25461
1515. of the Revised Code, for performance of work of the	25462
division, and as agreed to under working agreements or contractual	25463
arrangements with local soil and water conservation districts,	25464
prescribe their duties, and fix their compensation in accordance	25465
with such schedules as are provided by law for the compensation of	25466
state employees.	25467

All employees of the division, unless specifically exempted	25468
by law, shall be employed subject to the classified civil service	25469
laws in force at the time of employment.	25470

(I) In connection with new or relocated projects involving	25471
highways, underground cables, pipelines, railroads, and other	25472
improvements affecting soil and water resources, including surface	25473
and subsurface drainage:	25474

(1) Provide engineering service as is mutually agreeable to	25475
the Ohio soil and water conservation commission and the director	25476
to aid in the design and installation of soil and water	25477
conservation practices as a necessary component of such projects;	25478

(2) Maintain close liaison between the owners of lands on	25479
which the projects are executed, local soil and water conservation	25480
districts, and authorities responsible for such projects;	25481

(3) Review plans for such projects to ensure their compliance	25482
with standards developed under division (E) of this section in	25483
cooperation with the department of transportation or with any	25484
other interested agency that is engaged in soil or water	25485
conservation projects in the state in order to minimize adverse	25486
impacts on soil and water resources adjacent to or otherwise	25487
affected by these projects;	25488

(4) Recommend measures to retard erosion and protect soil and	25489
water resources through the installation of water impoundment or	25490
other soil and water conservation practices;	25491

(5) Cooperate with other agencies and subdivisions of the	25492
state to protect the agricultural status of rural lands adjacent	25493
to such projects and control adverse impacts on soil and water	25494
resources.	25495

(J) Collect, analyze, inventory, and interpret all available	25496
information pertaining to the origin, distribution, extent, use,	25497
and conservation of the soil resources of the state;	25498

(K) Prepare and maintain up-to-date reports, maps, and other	25499
materials pertaining to the soil resources of the state and their	25500
use and make that information available to governmental agencies,	25501
public officials, conservation entities, and the public;	25502

(L) Provide soil and water conservation districts with	25503
technical assistance including on-site soil investigations and	25504
soil interpretation reports on the suitability or limitations of	25505
soil to support a particular use or to plan soil conservation	25506
measures. The assistance shall be upon such terms as are mutually	25507
agreeable to the districts and the department of natural	25508
resources.	25509

(M) Assist local government officials in utilizing land use	25510
planning and zoning, current agricultural use value assessment,	25511
development reviews, and land management activities;	25512

(N) When necessary for the purposes of this chapter or	25513
Chapter 1515. of the Revised Code, develop or approve operation	25514
and management plans.	25515

This section does not restrict the excrement of domestic or	25516
farm animals defecated on land outside a concentrated animal	25517
feeding operation or runoff therefrom into the waters of the	25518
state.	25519

Sec. 1511.022. (A) Any person who owns or operates an	25520
agricultural operation, or owns the animals raised by the owner or	25521
operator of an agricultural operation, and who wishes to conduct	25522
composting of dead animals resulting from the agricultural	25523
operation shall do both of the following:	25524

(1) Participate in an educational course concerning	25525
composting conducted by ~~the Ohio cooperative~~OSU extension ~~service~~	25526
and obtain a certificate of completion for the course;	25527

(2) Use the appropriate method, technique, or practice of	25528
composting established in rules adopted under division (E)(8) of	25529
section 1511.02 of the Revised Code.	25530

(B) Any person who fails to comply with division (A) of this	25531
section shall prepare and operate under a composting plan in	25532
accordance with an order issued by the chief of the division of	25533
soil and water resources under division (G) of section 1511.02 of	25534
the Revised Code. If the person's proposed composting plan is	25535
disapproved by the board of supervisors of the appropriate soil	25536
and water conservation district under division (Q)(3) of section	25537
1515.08 of the Revised Code, the person may appeal the plan	25538
disapproval to the chief, who shall afford the person a hearing.	25539
Following the hearing, the chief shall uphold the plan disapproval	25540
or reverse it. If the chief reverses the disapproval, the plan	25541
shall be deemed approved.	25542

Sec. 1519.05. (A) As used in this section, "local political	25543
subdivision" and "nonprofit organization" have the same meanings	25544
as in section 164.20 of the Revised Code.	25545

(B) There is hereby created in the state treasury the clean	25546
Ohio trail fund. Twelve and one-half per cent of the net proceeds	25547
of obligations issued and sold pursuant to sections 151.01 and	25548
151.09 of the Revised Code shall be deposited into the fund. The	25549
fund also shall consist of money credited to it under section	25550
151.50 of the Revised Code.	25551

Investment earnings of the fund shall be credited to the fund	25552
and may be used to pay costs incurred by the director of natural	25553
resources in administering this section.	25554

Money in the clean Ohio trail fund shall not be used for the	25555
appropriation of land, rights, rights-of-way, franchises,	25556
easements, or other property through the exercise of the right of	25557
eminent domain.	25558

The director shall use moneys in the fund exclusively to	25559
provide matching grants to nonprofit organizations and to local	25560
political subdivisions for the purposes of purchasing land or	25561
interests in land for recreational trails and for the construction	25562
of such trails. A matching grant may provide up to seventy-five	25563
per cent of the cost of a recreational trail project, and the	25564
recipient of the matching grant shall provide not less than	25565
twenty-five per cent of that cost.	25566

(C) The director shall establish policies for the purposes of	25567
this section. The policies shall establish all of the following:	25568

(1) Procedures for providing matching grants to nonprofit	25569
organizations and local political subdivisions for the purposes of	25570
purchasing land or interests in land for recreational trails and	25571
for the construction of such trails, including, without	25572
limitation, procedures for both of the following:	25573

(a) Developing a grant application form and soliciting,	25574
accepting, and approving grant applications;	25575

(b) Participation by nonprofit organizations and local	25576
political subdivisions in the application process.	25577

(2) A requirement that an application for a matching grant	25578
for a recreational trail project include a copy of a resolution	25579
supporting the project from each county in which the proposed	25580
project is to be conducted and whichever of the following is	25581
applicable:	25582

(a) If the proposed project is to be conducted wholly within	25583
the geographical boundaries of one township, a copy of a	25584
resolution supporting the project from the township;	25585

(b) If the proposed project is to be conducted wholly within	25586
the geographical boundaries of one municipal corporation, a copy	25587
of a resolution supporting the project from the municipal	25588
corporation;	25589

(c) If the proposed project is to be conducted in more than	25590
one, but fewer than five townships or municipal corporations, a	25591
copy of a resolution supporting the project from at least one-half	25592
of the total number of townships and municipal corporations in	25593
which the proposed project is to be conducted;	25594

(d) If the proposed project is to be conducted in five or	25595
more municipal corporations, a copy of a resolution supporting the	25596
project from at least three-fifths of the total number of	25597
townships and municipal corporations in which the proposed project	25598
is to be conducted.	25599

(3) Eligibility criteria that must be satisfied by an	25600
applicant in order to receive a matching grant and that emphasize	25601
the following:	25602

(a) Synchronization with the statewide trail plan;

25603

(b) Complete regional systems and links to the statewide	25604
trail system;	25605

25606

(d) The provision of links in urban areas that support	25607
commuter access and show economic impact on local communities;	25608

(e) The linkage of population centers with public outdoor	25609
recreation areas and facilities;	25610

(f) The purchase of rail lines that are linked to the	25611
statewide trail plan;	25612

(g) The preservation of natural corridors.

25613

(4) Items of value, such as in-kind contributions of land,	25614
easements or other interests in land, labor, or materials, that	25615
may be considered as contributing toward the percentage of the	25616
cost of a recreational trails project that must be provided by a	25617
matching grant recipient.	25618

Sec. 1531.06. (A) The chief of the division of wildlife,	25619
with the approval of the director of natural resources, may	25620
acquire by gift, lease, purchase, or otherwise lands or surface	25621
rights upon lands and waters or surface rights upon waters for	25622
wild animals, fish or game management, preservation, propagation,	25623
and protection, outdoor and nature activities, public fishing and	25624
hunting grounds, and flora and fauna preservation. The chief, with	25625
the approval of the director, may receive by grant, devise,	25626
bequest, donation, or assignment evidences of indebtedness, the	25627
proceeds of which are to be used for the purchase of such lands or	25628
surface rights upon lands and waters or surface rights upon	25629
waters.	25630

(B)(1) The chief shall adopt rules for the protection of	25631
state-owned or leased lands and waters and property under the	25632
control of the division of wildlife against wrongful use or	25633
occupancy that will ensure the carrying out of the intent of this	25634
section, protect those lands, waters, and property from	25635
depredations, and preserve them from molestation, spoilation,	25636
destruction, or any improper use or occupancy thereof, including	25637
rules with respect to recreational activities and for the	25638
government and use of such lands, waters, and property.	25639

(2) The chief may adopt rules benefiting wild animals, fish	25640
or game management, preservation, propagation, and protection,	25641
outdoor and nature activities, public fishing and hunting grounds,	25642
and flora and fauna preservation, and regulating the taking and	25643
possession of wild animals on any lands or waters owned or leased	25644
or under the division's supervision and control and, for a	25645
specified period of years, may prohibit or recall the taking and	25646
possession of any wild animal on any portion of such lands or	25647
waters. The division clearly shall define and mark the boundaries	25648
of the lands and waters owned or leased or under its supervision	25649
and control upon which the taking of any wild animal is	25650
prohibited.	25651

(C) The chief, with the approval of the director, may acquire	25652
by gift, lease, or purchase land for the purpose of establishing	25653
state fish hatcheries and game farms and may erect on it buildings	25654
or structures that are necessary.	25655

The title to or lease of such lands and waters shall be taken	25656
by the chief in the name of the state. The lease or purchase price	25657
of all such lands and waters may be paid from hunting and trapping	25658
and fishing licenses and any other funds.	25659

(D) To provide more public recreation, stream and lake	25660
agreements for public fishing only may be obtained under rules	25661
adopted by the chief.	25662

(E) The chief, with the approval of the director, may	25663
establish user fees for the use of special public facilities or	25664
participation in special activities on lands and waters	25665
administered by the division. The special facilities and	25666
activities may include hunting or fishing on special designated	25667
public lands and waters intensively managed or stocked with	25668
artificially propagated game birds or fish, field trial	25669
facilities, wildlife nature centers, firearm ranges, boat mooring	25670
facilities, camping sites, and other similar special facilities	25671
and activities. The chief shall determine whether the user fees	25672
are refundable and shall ensure that that information is provided	25673
at the time the user fees are paid.	25674

(F) The chief, with the approval of the director, may enter	25675
into lease agreements for rental of concessions or other special	25676
projects situated on state-owned or leased lands or waters or	25677
other property under the division's control. The chief shall set	25678
and collect the fees for concession rentals or other special	25679
projects; regulate through contracts between the division and	25680
concessionaires the sale of tangible objects at concessions or	25681
other special projects; and keep a record of all such fee payments	25682
showing the amount received, from whom received, and for what	25683
purpose the fee was collected.	25684

(G) The chief may sell or donate conservation-related items	25685
or items that promote wildlife conservation, including, but not	25686
limited to, stamps, pins, badges, books, bulletins, maps,	25687
publications, calendars, and any other educational article or	25688
artifact pertaining to wild animals; sell confiscated or forfeited	25689
items; and sell surplus structures and equipment, and timber or	25690
crops from lands owned, administered, leased, or controlled by the	25691
division. The chief, with the approval of the director, also may	25692
engage in campaigns and special events that promote wildlife	25693
conservation by selling or donating wildlife-related materials,	25694
memberships, and other items of promotional value.	25695

(H) The chief may sell, lease, or transfer minerals or	25696
mineral rights, with the approval of the director, when the chief	25697
and the director determine it to be in the best interest of the	25698
state. Upon approval of the director, the chief may make, execute,	25699
and deliver contracts, including leases, to mine, drill, or	25700
excavate iron ore, stone, coal, salt, and other minerals, other	25701
than oil or gas, upon and under lands owned by the state and	25702
administered by the division to any person who complies with the	25703
terms of such a contract. No such contract shall be valid for more	25704
than fifty years from its effective date. Consideration for	25705
minerals and mineral rights shall be by rental or royalty basis as	25706
prescribed by the chief and payable as prescribed by contract.	25707
Moneys collected under this division shall be paid into the state	25708
treasury to the credit of the wildlife habitat fund created in	25709
section 1531.33 of the Revised Code. Contracts entered into under	25710
this division also may provide for consideration for minerals or	25711
mineral rights in the form of acquisition of lands as provided	25712
under divisions (A) and (C) of this section.	25713

(I) All moneys received under divisions (E), (F), and (G) of	25714
this section shall be paid into the state treasury to the credit	25715
of a fund that shall be used for the purposes outlined in section	25716
1533.15 of the Revised Code and for the management of other wild	25717
animals for their ecological and nonconsumptive recreational value	25718
or benefit.	25719

(J) The chief, with the approval of the director, may barter	25720
or sell wild animals to other states, state or federal agencies,	25721
and conservation or zoological organizations. Moneys received from	25722
the sale of wild animals shall be deposited into the ~~wild animal~~	25723
wildlife fund created in section ~~1531.34~~1531.17 of the Revised	25724
Code.	25725

(K) The chief shall adopt rules establishing standards and	25726
guidelines for the administration of contraceptive chemicals to	25727
noncaptive wild animals. The rules may specify chemical delivery	25728
methods and devices and monitoring requirements.	25729

The chief shall establish criteria for the issuance of and	25730
shall issue permits for the administration of contraceptive	25731
chemicals to noncaptive wild animals. No person shall administer	25732
contraceptive chemicals to noncaptive wild animals without a	25733
permit issued by the chief.	25734

(L) All fees set by the chief under this section shall be	25735
approved by the wildlife council.	25736

(M) Information contained in the wildlife diversity database	25737
that is established pursuant to division (B)(2) of this section	25738
and section 1531.25 of the Revised Code may be made available to	25739
any individual or public or private agency for research,	25740
educational, environmental, land management, or other similar	25741
purposes that are not detrimental to the conservation of a species	25742
or feature. Information regarding sensitive site locations of	25743
species that are listed pursuant to section 1531.25 of the Revised	25744
Code and of features that are included in the wildlife diversity	25745
database is not subject to section 149.43 of the Revised Code if	25746
the chief determines that the release of the information could be	25747
detrimental to the conservation of a species or feature.	25748

Sec. 1531.17. All fines, penalties, and forfeitures arising	25749
from prosecutions, convictions, confiscations, or otherwise under	25750
this chapter and Chapters 1517. and 1533. of the Revised Code,	25751
unless otherwise directed by the director of natural resources,	25752
shall be paid by the officer by whom collected to the director and	25753
by ~~him~~the director paid into the state treasury to the credit of	25754
the wildlife fund, which is hereby created, for the use of the	25755
division of wildlife. All moneys received from the sale of wild	25756
animals under division (J) of section 1531.06 shall be paid into	25757
the state treasury to the credit of the wildlife fund for the use	25758
of the division. All moneys collected as license fees on nets in	25759
the Lake Erie fishing district shall be paid by the director into	25760
the state treasury to the credit of the wildlife fund for use only	25761
in the betterment and the propagation of fish therein or in	25762
otherwise propagating fish in such district. All investment	25763
earnings of the fund shall be credited to the fund. The wildlife	25764
fund shall not be used for compensation of personnel employed by	25765
other divisions of the department of natural resources who are	25766
assigned to law enforcement duties in aid of the division of	25767
wildlife or for compensation of division of wildlife personnel for	25768
activities related to the instruction of personnel of other	25769
divisions.	25770

Sec. 1545.071. ~~The following applies until the department of~~	25771
~~administrative services implements for park districts the health~~	25772
~~care plans under section 9.901 of the Revised Code. If those plans~~	25773
~~do not include or address any benefits listed in this section, the~~	25774
~~following provisions continue in effect for those benefits.~~	25775

The board of park commissioners of any park district may	25776
procure and pay all or any part of the cost of group insurance	25777
policies that may provide benefits for hospitalization, surgical	25778
care, major medical care, disability, dental care, eye care,	25779
medical care, hearing aids, or prescription drugs, or sickness and	25780
accident insurance or a combination of any of the foregoing types	25781
of insurance or coverage for park district officers and employees	25782
and their immediate dependents issued by an insurance company duly	25783
authorized to do business in this state.	25784

The board may procure and pay all or any part of the cost of	25785
group life insurance to insure the lives of park district	25786
employees.	25787

The board also may contract for group health care services	25788
with health insuring corporations holding a certificate of	25789
authority under Chapter 1751. of the Revised Code provided that	25790
each officer or employee is permitted to:	25791

(A) Choose between a plan offered by an insurance company and	25792
a plan offered by a health insuring corporation and provided	25793
further that the officer or employee pays any amount by which the	25794
cost of the plan chosen by the officer or employee exceeds the	25795
cost of the plan offered by the board under this section;	25796

(B) Change the choice made under division (A) of this section	25797
at a time each year as determined in advance by the board.	25798

Any appointed member of the board of park commissioners and	25799
the spouse and dependent children of the member may be covered, at	25800
the option and expense of the member, as a noncompensated employee	25801
of the park district under any benefit plan described in division	25802
(A) of this section. The member shall pay to the park district the	25803
amount certified to it by the benefit provider as the provider's	25804
charge for the coverage the member has chosen under division (A)	25805
of this section. Payments for coverage shall be made, in advance,	25806
in a manner prescribed by the board. The member's exercise of an	25807
option to be covered under this section shall be in writing,	25808
announced at a regular public meeting of the board, and recorded	25809
as a public record in the minutes of the board.	25810

The board may provide the benefits authorized in this section	25811
by contributing to a health and welfare trust fund administered	25812
through or in conjunction with a collective bargaining	25813
representative of the park district employees.	25814

The board may provide the benefits described in this section	25815
through an individual self-insurance program or a joint	25816
self-insurance program as provided in section 9.833 of the Revised	25817
Code.	25818

Sec. 1545.23. If a park district enters into an agreement	25819
for the sale or lease of mineral rights regarding a park within	25820
the district, any royalties or other moneys resulting from the	25821
sale or lease shall be deposited into a special fund that the	25822
board of park commissioners shall create. The fund shall be used	25823
exclusively for maintenance of parks within the district and for	25824
the acquisition of new park lands.	25825

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	25826
Revised Code is guilty of a felony of the fourth degree.	25827

(B) Whoever violates division (F) of section 1547.08, section	25828
1547.10, division (I) of section 1547.111, section 1547.13, or	25829
section 1547.66 of the Revised Code is guilty of a misdemeanor of	25830
the first degree.	25831

(C) Whoever violates a provision of this chapter or a rule	25832
adopted thereunder, for which no penalty is otherwise provided, is	25833
guilty of a minor misdemeanor.	25834

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	25835
the Revised Code without causing injury to persons or damage to	25836
property is guilty of a misdemeanor of the fourth degree.	25837

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	25838
the Revised Code causing injury to persons or damage to property	25839
is guilty of a misdemeanor of the third degree.	25840

(F) Whoever violates division (N) of section 1547.54,	25841
division (G) of section 1547.30, or section 1547.131, 1547.25,	25842
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	25843
of the Revised Code or a rule adopted under division (A)(2) of	25844
section 1547.52 of the Revised Code is guilty of a misdemeanor of	25845
the fourth degree.	25846

(G) Whoever violates section 1547.11 of the Revised Code is	25847
guilty of a misdemeanor of the first degree and shall be punished	25848
as provided in division (G)(1), (2), or (3) of this section.	25849

(1) Except as otherwise provided in division (G)(2) or (3) of	25850
this section, the court shall sentence the offender to a jail term	25851
of three consecutive days and may sentence the offender pursuant	25852
to section 2929.24 of the Revised Code to a longer jail term. In	25853
addition, the court shall impose upon the offender a fine of not	25854
less than one hundred fifty nor more than one thousand dollars.	25855

The court may suspend the execution of the mandatory jail	25856
term of three consecutive days that it is required to impose by	25857
division (G)(1) of this section if the court, in lieu of the	25858
suspended jail term, places the offender under a community control	25859
sanction pursuant to section 2929.25 of the Revised Code and	25860
requires the offender to attend, for three consecutive days, a	25861
drivers' intervention program that is certified pursuant to	25862
section ~~3793.10~~5119.38 of the Revised Code. The court also may	25863
suspend the execution of any part of the mandatory jail term of	25864
three consecutive days that it is required to impose by division	25865
(G)(1) of this section if the court places the offender under a	25866
community control sanction pursuant to section 2929.25 of the	25867
Revised Code for part of the three consecutive days; requires the	25868
offender to attend, for that part of the three consecutive days, a	25869
drivers' intervention program that is certified pursuant to	25870
section ~~3793.10~~5119.38 of the Revised Code; and sentences the	25871
offender to a jail term equal to the remainder of the three	25872
consecutive days that the offender does not spend attending the	25873
drivers' intervention program. The court may require the offender,	25874
as a condition of community control, to attend and satisfactorily	25875
complete any treatment or education programs, in addition to the	25876
required attendance at a drivers' intervention program, that the	25877
operators of the drivers' intervention program determine that the	25878
offender should attend and to report periodically to the court on	25879
the offender's progress in the programs. The court also may impose	25880
any other conditions of community control on the offender that it	25881
considers necessary.	25882

(2) If, within six years of the offense, the offender has	25883
been convicted of or pleaded guilty to one violation of section	25884
1547.11 of the Revised Code or one other equivalent offense, the	25885
court shall sentence the offender to a jail term of ten	25886
consecutive days and may sentence the offender pursuant to section	25887
2929.24 of the Revised Code to a longer jail term. In addition,	25888
the court shall impose upon the offender a fine of not less than	25889
one hundred fifty nor more than one thousand dollars.	25890

In addition to any other sentence that it imposes upon the	25891
offender, the court may require the offender to attend a drivers'	25892
intervention program that is certified pursuant to section ~~3793.10~~	25893
5119.38 of the Revised Code.	25894

(3) If, within six years of the offense, the offender has	25895
been convicted of or pleaded guilty to more than one violation or	25896
offense identified in division (G)(2) of this section, the court	25897
shall sentence the offender to a jail term of thirty consecutive	25898
days and may sentence the offender to a longer jail term of not	25899
more than one year. In addition, the court shall impose upon the	25900
offender a fine of not less than one hundred fifty nor more than	25901
one thousand dollars.	25902

In addition to any other sentence that it imposes upon the	25903
offender, the court may require the offender to attend a drivers'	25904
intervention program that is certified pursuant to section ~~3793.10~~	25905
5119.38 of the Revised Code.	25906

(4) Upon a showing that serving a jail term would seriously	25907
affect the ability of an offender sentenced pursuant to division	25908
(G)(1), (2), or (3) of this section to continue the offender's	25909
employment, the court may authorize that the offender be granted	25910
work release after the offender has served the mandatory jail term	25911
of three, ten, or thirty consecutive days that the court is	25912
required by division (G)(1), (2), or (3) of this section to	25913
impose. No court shall authorize work release during the mandatory	25914
jail term of three, ten, or thirty consecutive days that the court	25915
is required by division (G)(1), (2), or (3) of this section to	25916
impose. The duration of the work release shall not exceed the time	25917
necessary each day for the offender to commute to and from the	25918
place of employment and the place in which the jail term is served	25919
and the time actually spent under employment.	25920

(5) Notwithstanding any section of the Revised Code that	25921
authorizes the suspension of the imposition or execution of a	25922
sentence or the placement of an offender in any treatment program	25923
in lieu of being imprisoned or serving a jail term, no court shall	25924
suspend the mandatory jail term of ten or thirty consecutive days	25925
required to be imposed by division (G)(2) or (3) of this section	25926
or place an offender who is sentenced pursuant to division (G)(2)	25927
or (3) of this section in any treatment program in lieu of being	25928
imprisoned or serving a jail term until after the offender has	25929
served the mandatory jail term of ten or thirty consecutive days	25930
required to be imposed pursuant to division (G)(2) or (3) of this	25931
section. Notwithstanding any section of the Revised Code that	25932
authorizes the suspension of the imposition or execution of a	25933
sentence or the placement of an offender in any treatment program	25934
in lieu of being imprisoned or serving a jail term, no court,	25935
except as specifically authorized by division (G)(1) of this	25936
section, shall suspend the mandatory jail term of three	25937
consecutive days required to be imposed by division (G)(1) of this	25938
section or place an offender who is sentenced pursuant to division	25939
(G)(1) of this section in any treatment program in lieu of	25940
imprisonment until after the offender has served the mandatory	25941
jail term of three consecutive days required to be imposed	25942
pursuant to division (G)(1) of this section.	25943

(6) As used in division (G) of this section:

25944

(a) "Equivalent offense" has the same meaning as in section	25945
4511.181 of the Revised Code.	25946

(b) "Jail term" and "mandatory jail term" have the same	25947
meanings as in section 2929.01 of the Revised Code.	25948

(H) Whoever violates section 1547.304 of the Revised Code is	25949
guilty of a misdemeanor of the fourth degree and also shall be	25950
assessed any costs incurred by the state or a county, township,	25951
municipal corporation, or other political subdivision in disposing	25952
of an abandoned junk vessel or outboard motor, less any money	25953
accruing to the state, county, township, municipal corporation, or	25954
other political subdivision from that disposal.	25955

(I) Whoever violates division (B) or (C) of section 1547.49	25956
of the Revised Code is guilty of a minor misdemeanor.	25957

(J) Whoever violates section 1547.31 of the Revised Code is	25958
guilty of a misdemeanor of the fourth degree on a first offense.	25959
On each subsequent offense, the person is guilty of a misdemeanor	25960
of the third degree.	25961

(K) Whoever violates section 1547.05 or 1547.051 of the	25962
Revised Code is guilty of a misdemeanor of the fourth degree if	25963
the violation is not related to a collision, injury to a person,	25964
or damage to property and a misdemeanor of the third degree if the	25965
violation is related to a collision, injury to a person, or damage	25966
to property.	25967

(L) The sentencing court, in addition to the penalty provided	25968
under this section for a violation of this chapter or a rule	25969
adopted under it that involves a powercraft powered by more than	25970
ten horsepower and that, in the opinion of the court, involves a	25971
threat to the safety of persons or property, shall order the	25972
offender to complete successfully a boating course approved by the	25973
national association of state boating law administrators before	25974
the offender is allowed to operate a powercraft powered by more	25975
than ten horsepower on the waters in this state. Violation of a	25976
court order entered under this division is punishable as contempt	25977
under Chapter 2705. of the Revised Code.	25978

Sec. 1548.02. The chief of the division of watercraft shall	25979
adopt such rules as the chief considers necessary to ensure	25980
uniform and orderly operation of this chapter, and the clerks of	25981
the courts of common pleas shall conform to those rules. The chief	25982
shall receive and file in the chief's office all information	25983
forwarded to the chief by the clerks under this chapter and shall	25984
maintain indexes covering the state at large for that information.	25985
These indexes shall be for the state at large and not for	25986
individual counties.	25987

The chief shall check with the chief's record all duplicate	25988
certificates of title received in the chief's office from the	25989
clerks.	25990

If it appears that any certificate of title has been	25991
improperly issued or is no longer required, the chief shall cancel	25992
the certificate. Upon the cancellation of any certificate of	25993
title, the chief shall notify the clerk who issued it, and the	25994
clerk shall enter the cancellation in the clerk's records. The	25995
chief also shall notify the person to whom the certificate of	25996
title was issued, as well as any lienholders appearing on it, of	25997
the cancellation and, if it is a physical certificate of title,	25998
shall demand the surrender of the certificate of title, but the	25999
cancellation shall not affect the validity of any lien noted on	26000
it. The holder of a physical certificate of title shall return it	26001
to the chief immediately.	26002

The clerks shall keep on hand a sufficient supply of blank	26003
forms that, except certificate of title and memorandum certificate	26004
forms, shall be furnished and distributed without charge to	26005
registered manufacturers or dealers or to other persons residing	26006
within the county. The clerks shall provide the certificates of	26007
title~~, the~~and ribbons, cartridges, or other devices necessary for	26008
~~data~~the operation of the certificate of title processing~~, and~~	26009
~~removable backup media~~equipment as determined by the automated	26010
title processing board pursuant to division (C) of section 4505.09	26011
of the Revised Code from moneys provided to the clerks from the	26012
automated title processing fund in accordance with division	26013
(B)~~(3)(b)~~ of section 4505.09 of the Revised Code. The clerks shall	26014
furnish all other supplies from other moneys available to the	26015
clerks.	26016

Sec. 1551.33. (A) The director of development services shall	26017
appoint and fix the compensation of the director of the Ohio coal	26018
development office. The director shall serve at the pleasure of	26019
the director of development services.	26020

(B) The director of the office shall do all of the following:

26021

(1) Biennially prepare and maintain the Ohio coal development	26022
agenda required under section 1551.34 of the Revised Code;	26023

(2) Propose and support policies for the office consistent	26024
with the Ohio coal development agenda and develop means to	26025
implement the agenda;	26026

(3) Initiate, undertake, and support projects to carry out	26027
the office's purposes and ensure that the projects are consistent	26028
with and meet the selection criteria established by the Ohio coal	26029
development agenda;	26030

(4) Actively encourage joint participation in and, when	26031
feasible, joint funding of the office's projects with governmental	26032
agencies, electric utilities, universities and colleges, other	26033
public or private interests, or any other person;	26034

(5) Establish a table of organization for and employ such	26035
employees and agents as are necessary for the administration and	26036
operation of the office. Any such employees shall be in the	26037
unclassified service and shall serve at the pleasure of the	26038
director of development services.	26039

(6) ~~Appoint specified members of and convene~~Convene the	26040
technical advisory committee established under section 1551.35 of	26041
the Revised Code;	26042

(7) Review, with the assistance of the technical advisory	26043
committee, proposed coal research and development projects as	26044
defined in section 1555.01 of the Revised Code, and coal	26045
development projects, submitted to the office by public utilities	26046
for the purpose of section 4905.304 of the Revised Code. If the	26047
director and the advisory committee determine that any such	26048
facility or project has as its purpose the enhanced use of Ohio	26049
coal in an environmentally acceptable, cost effective manner,	26050
promotes energy conservation, is cost effective, and is	26051
environmentally sound, the director shall submit to the public	26052
utilities commission a report recommending that the commission	26053
allow the recovery of costs associated with the facility or	26054
project under section 4905.304 of the Revised Code and including	26055
the reasons for the recommendation.	26056

(8) Establish such policies, procedures, and guidelines as	26057
are necessary to achieve the office's purposes.	26058

(C) With the approval of the director of development	26059
services, the director of the office may exercise any of the	26060
powers and duties that the director of development services	26061
considers appropriate or desirable to achieve the office's	26062
purposes, including, but not limited to, the powers and duties	26063
enumerated in sections 1551.11, 1551.12, and 1551.15 of the	26064
Revised Code.	26065

Additionally, the director of the office may make loans to	26066
governmental agencies or persons for projects to carry out the	26067
office's purposes. Fees, charges, rates of interest, times of	26068
payment of interest and principal, and other terms, conditions,	26069
and provisions of the loans shall be such as the director of the	26070
office determines to be appropriate and in furtherance of the	26071
purposes for which the loans are made. The mortgage lien securing	26072
any moneys lent by the director of the office may be subordinate	26073
to the mortgage lien securing any moneys lent or invested by a	26074
financial institution, but shall be superior to that securing any	26075
moneys lent or expended by any other person. The moneys used in	26076
making the loans shall be disbursed upon order of the director of	26077
the office.	26078

Sec. 1551.35. (A) There is hereby established a technical	26079
advisory committee to assist the director of the Ohio coal	26080
development office in achieving the office's purposes. The	26081
director of development services shall appoint to the committee	26082
one member of the public utilities commission and one	26083
representative each of coal production companies, the united mine	26084
workers of America, electric utilities, manufacturers that use	26085
Ohio coal, and environmental organizations, as well as two people	26086
with a background in coal research and development technology, one	26087
of whom is employed at the time of the member's appointment by a	26088
state university, as defined in section 3345.011 of the Revised	26089
Code. In addition, the committee shall include four legislative	26090
members. The speaker and minority leader of the house of	26091
representatives each shall appoint one member of the house of	26092
representatives, and the president and minority leader of the	26093
senate each shall appoint one member of the senate, to the	26094
committee. The director of environmental protection shall serve on	26095
the committee as an ex officio member. Any member of the committee	26096
may designate in writing a substitute to serve in the member's	26097
absence on the committee. The director of environmental protection	26098
may designate in writing the chief of the air pollution control	26099
division of the agency to represent the agency. Members shall	26100
serve on the committee at the pleasure of their appointing	26101
authority. Members of the committee appointed by the director of	26102
~~the office~~development services and, notwithstanding section	26103
101.26 of the Revised Code, legislative members of the committee,	26104
when engaged in their official duties as members of the committee,	26105
shall be compensated on a per diem basis in accordance with	26106
division (J) of section 124.15 of the Revised Code, except that	26107
the member of the public utilities commission and, while employed	26108
by a state university, the member with a background in coal	26109
research, shall not be so compensated. Members shall receive their	26110
actual and necessary expenses incurred in the performance of their	26111
duties.	26112

(B) The technical advisory committee shall review and make	26113
recommendations concerning the Ohio coal development agenda	26114
required under section 1551.34 of the Revised Code, project	26115
proposals, research and development projects submitted to the	26116
office by public utilities for the purpose of section 4905.304 of	26117
the Revised Code, proposals for grants, loans, and loan guarantees	26118
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	26119
and such other topics as the director of the office considers	26120
appropriate.	26121

(C) The technical advisory committee may hold an executive	26122
session at any regular or special meeting for the purpose of	26123
considering research and development project proposals or	26124
applications for assistance submitted to the Ohio coal development	26125
office under section 1551.33, or sections 1555.01 to 1555.06, of	26126
the Revised Code, to the extent that the proposals or applications	26127
consist of trade secrets or other proprietary information.	26128

Any materials or data submitted to, made available to, or	26129
received by the ~~department of~~ development services agency or the	26130
director of the Ohio coal development office in connection with	26131
agreements for assistance entered into under this chapter or	26132
Chapter 1555. of the Revised Code, or any information taken from	26133
those materials or data for any purpose, to the extent that the	26134
materials or data consist of trade secrets or other proprietary	26135
information, are not public records for the purposes of section	26136
149.43 of the Revised Code.	26137

As used in this division, "trade secrets" has the same	26138
meaning as in section 1333.61 of the Revised Code.	26139

Sec. 1555.15. There is hereby created in the state treasury	26140
the coal research and development fund. Moneys obtained for coal	26141
research and development projects from federal grants or loans,	26142
private grants, and other sources, and moneys paid into the fund	26143
pursuant to section 151.07 or 1555.08 of the Revised Code, shall	26144
be expended for the purpose of making grants and making or	26145
guaranteeing loans for coal research and development projects that	26146
will encourage the use of Ohio coal, to any individual,	26147
association, or corporation doing business in this state, or to	26148
any educational or scientific institution located in this state as	26149
provided for in Section 15 of Article VIII, Ohio Constitution and	26150
section 1555.08 of the Revised Code, when appropriated for such	26151
purposes by the general assembly. All investment earnings on the	26152
cash balance in the fund shall be credited to the fund.	26153

The director of budget and management shall establish and	26154
maintain records or accounts for or within the coal research and	26155
development fund in such manner as to show the amounts credited to	26156
such fund pursuant to section 1555.08 of the Revised Code and that	26157
the amounts so credited have been expended for the purposes set	26158
forth in Section 15 of Article VIII, Ohio Constitution, and	26159
section 151.07 of the Revised Code. The director of budget and	26160
management may otherwise manage the fund to comply with any	26161
requirements established by federal grants or loans, private	26162
grants, or moneys from other sources.	26163

Sec. 1711.07. The board of directors of a county or	26164
independent agricultural society shall consist of at least eight	26165
members. An employee of the ~~Ohio state university~~OSU extension	26166
~~service~~ and the county school superintendent shall be members ex	26167
officio. Their terms of office shall be determined by the rules of	26168
the department of agriculture. Any vacancy in the board caused by	26169
death, resignation, refusal to qualify, removal from county, or	26170
other cause may be filled by the board until the society's next	26171
annual election, when a director shall be elected for the	26172
unexpired term. There shall be an annual election of directors by	26173
ballot at a time and a place fixed by the board, but this election	26174
shall not be held later than the first Saturday in December 1994,	26175
and not later than the fifteenth day of November each year	26176
thereafter, beginning in 1995. The secretary of the society shall	26177
give notice of ~~such~~the election, for three weeks prior to the	26178
holding thereof, in a newspaper of general circulation in the	26179
county or as provided in section 7.16 of the Revised Code, or by	26180
letter mailed to each member of the society. Only persons holding	26181
membership certificates at the close of the annual county fair, or	26182
at least fifteen calendar days before the date of election, as may	26183
be fixed by the board, may vote, unless ~~such~~the election is held	26184
on the fairground during the fair, in which case all persons	26185
holding membership certificates on the date and hour of the	26186
election may vote. When the election is to be held during the	26187
fair, notice of ~~such~~the election ~~must~~shall be prominently	26188
mentioned in the premium list, in addition to the notice required	26189
in a newspaper. The terms of office of the retiring directors	26190
shall expire, and those of the directors-elect shall begin, not	26191
later than the first Saturday in January 1995, and not later than	26192
the thirtieth day of November each year thereafter, beginning in	26193
1995.	26194

The secretary of ~~such~~the society shall send the name and	26195
address of each member of its board to the director of agriculture	26196
within ten days after the election.	26197

Sec. 1724.03. (A) After the articles of incorporation have	26198
been filed, and at the first meeting of the board of directors of	26199
a county land reutilization corporation, the board shall adopt	26200
regulations for the government of the corporation, the conduct of	26201
its affairs, and the management of its property, consistent with	26202
law and the articles. The content of the regulations shall be	26203
governed by section 1702.11 of the Revised Code to the extent not	26204
inconsistent with this chapter.	26205

(B) The board of directors of a county land reutilization	26206
corporation shall be composed of five, seven, or nine members,	26207
including the county treasurer, at least two of the members of the	26208
board of county commissioners, one representative of the largest	26209
municipal corporation, based on the population according to the	26210
most recent federal decennial census, that is located in the	26211
county, one representative of a township with a population of at	26212
least ten thousand in the unincorporated area of the township	26213
according to the most recent federal decennial census, if at least	26214
two such townships exist in the county, and any remaining members	26215
selected by the treasurer and the county commissioners who are	26216
members of the corporation's board. The township representative	26217
shall be chosen by a majority of the boards of township trustees	26218
of townships with a population of at least ten thousand in the	26219
unincorporated area of the township according to the most recent	26220
federal decennial census. At least one board member shall have	26221
private sector or nonprofit experience in rehabilitation or real	26222
estate acquisitions. A county treasurer and the county	26223
commissioners each may appoint a representative, as a director of	26224
the corporation, to act for the officer at any of the meetings of	26225
the corporation. Except as may otherwise be authorized by the	26226
regulations of the corporation, all members of the board of	26227
directors shall serve without compensation, but shall be	26228
reimbursed for actual and necessary expenses.	26229

Sec. 1739.061. (A)(1) This section applies to both of the	26230
following:	26231

(a) A multiple employer welfare arrangement that issues or	26232
requires the use of a standardized identification card or an	26233
electronic technology for submission and routing of prescription	26234
drug claims;	26235

(b) A person or entity that a multiple employer welfare	26236
arrangement contracts with to issue a standardized identification	26237
card or an electronic technology described in division (A)(1)(a)	26238
of this section.	26239

(2) Notwithstanding division (A)(1) of this section, this	26240
section does not apply to the issuance or required use of a	26241
standardized identification card or an electronic technology for	26242
the submission and routing of prescription drug claims in	26243
connection with any of the following:	26244

(a) Any program or arrangement covering only accident,	26245
credit, dental, disability income, long-term care, hospital	26246
indemnity, medicare supplement, medicare, tricare, specified	26247
disease, or vision care; coverage under a	26248
one-time-limited-duration policy of not longer than six months;	26249
coverage issued as a supplement to liability insurance; insurance	26250
arising out of workers' compensation or similar law; automobile	26251
medical payment insurance; or insurance under which benefits are	26252
payable with or without regard to fault and which is statutorily	26253
required to be contained in any liability insurance policy or	26254
equivalent self-insurance.	26255

(b) Coverage provided under the medicaid~~, as defined in~~	26256
~~section 5111.01 of the Revised Code~~program.	26257

(c) Coverage provided under an employer's self-insurance plan	26258
or by any of its administrators, as defined in section 3959.01 of	26259
the Revised Code, to the extent that federal law supersedes,	26260
preempts, prohibits, or otherwise precludes the application of	26261
this section to the plan and its administrators.	26262

(B) A standardized identification card or an electronic	26263
technology issued or required to be used as provided in division	26264
(A)(1) of this section shall contain uniform prescription drug	26265
information in accordance with either division (B)(1) or (2) of	26266
this section.	26267

(1) The standardized identification card or the electronic	26268
technology shall be in a format and contain information fields	26269
approved by the national council for prescription drug programs or	26270
a successor organization, as specified in the council's or	26271
successor organization's pharmacy identification card	26272
implementation guide in effect on the first day of October most	26273
immediately preceding the issuance or required use of the	26274
standardized identification card or the electronic technology.	26275

(2) If the multiple employer welfare arrangement or person	26276
under contract with it to issue a standardized identification card	26277
or an electronic technology requires the information for the	26278
submission and routing of a claim, the standardized identification	26279
card or the electronic technology shall contain any of the	26280
following information:	26281

(a) The name of the multiple employer welfare arrangement;

26282

(b) The individual's name, group number, and identification	26283
number;	26284

(c) A telephone number to inquire about pharmacy-related	26285
issues;	26286

(d) The issuer's international identification number, labeled	26287
as "ANSI BIN" or "RxBIN";	26288

(e) The processor's control number, labeled as "RxPCN";

26289

(f) The individual's pharmacy benefits group number if	26290
different from the insured's medical group number, labeled as	26291
"RxGrp."	26292

(C) If the standardized identification card or the electronic	26293
technology issued or required to be used as provided in division	26294
(A)(1) of this section is also used for submission and routing of	26295
nonpharmacy claims, the designation "Rx" is required to be	26296
included as part of the labels identified in divisions (B)(2)(d)	26297
and (e) of this section if the issuer's international	26298
identification number or the processor's control number is	26299
different for medical and pharmacy claims.	26300

(D) Each multiple employer welfare arrangement described in	26301
division (A) of this section shall annually file a certificate	26302
with the superintendent of insurance certifying that it or any	26303
person it contracts with to issue a standardized identification	26304
card or electronic technology for submission and routing of	26305
prescription drug claims complies with this section.	26306

(E)(1) Except as provided in division (E)(2) of this section,	26307
if there is a change in the information contained in the	26308
standardized identification card or the electronic technology	26309
issued to an individual, the multiple employer welfare arrangement	26310
or person under contract with it to issue a standardized	26311
identification card or an electronic technology shall issue a new	26312
card or electronic technology to the individual.	26313

(2) A multiple employer welfare arrangement or person under	26314
contract with it is not required under division (E)(1) of this	26315
section to issue a new card or electronic technology to an	26316
individual more than once during a twelve-month period.	26317

(F) Nothing in this section shall be construed as requiring a	26318
multiple employer welfare arrangement to produce more than one	26319
standardized identification card or one electronic technology for	26320
use by individuals accessing health care benefits provided under a	26321
multiple employer welfare arrangement.	26322

Sec. 1751.01. As used in this chapter:

26323

(A)(1) "Basic health care services" means the following	26324
services when medically necessary:	26325

(a) Physician's services, except when such services are	26326
supplemental under division (B) of this section;	26327

(b) Inpatient hospital services;

26328

26329

(d) Emergency health services;

26330

(e) Urgent care services;

26331

(f) Diagnostic laboratory services and diagnostic and	26332
therapeutic radiologic services;	26333

(g) Diagnostic and treatment services, other than	26334
prescription drug services, for biologically based mental	26335
illnesses;	26336

(h) Preventive health care services, including, but not	26337
limited to, voluntary family planning services, infertility	26338
services, periodic physical examinations, prenatal obstetrical	26339
care, and well-child care;	26340

(i) Routine patient care for patients enrolled in an eligible	26341
cancer clinical trial pursuant to section 3923.80 of the Revised	26342
Code.	26343

"Basic health care services" does not include experimental	26344
procedures.	26345

Except as provided by divisions (A)(2) and (3) of this	26346
section in connection with the offering of coverage for diagnostic	26347
and treatment services for biologically based mental illnesses, a	26348
health insuring corporation shall not offer coverage for a health	26349
care service, defined as a basic health care service by this	26350
division, unless it offers coverage for all listed basic health	26351
care services. However, this requirement does not apply to the	26352
coverage of beneficiaries enrolled in medicare pursuant to a	26353
medicare contract, or to the coverage of beneficiaries enrolled in	26354
the federal employee health benefits program pursuant to 5	26355
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	26356
the coverage of beneficiaries under any federal health care	26357
program regulated by a federal regulatory body, or to the coverage	26358
of beneficiaries under any contract covering officers or employees	26359
of the state that has been entered into by the department of	26360
administrative services.	26361

(2) A health insuring corporation may offer coverage for	26362
diagnostic and treatment services for biologically based mental	26363
illnesses without offering coverage for all other basic health	26364
care services. A health insuring corporation may offer coverage	26365
for diagnostic and treatment services for biologically based	26366
mental illnesses alone or in combination with one or more	26367
supplemental health care services. However, a health insuring	26368
corporation that offers coverage for any other basic health care	26369
service shall offer coverage for diagnostic and treatment services	26370
for biologically based mental illnesses in combination with the	26371
offer of coverage for all other listed basic health care services.	26372

(3) A health insuring corporation that offers coverage for	26373
basic health care services is not required to offer coverage for	26374
diagnostic and treatment services for biologically based mental	26375
illnesses in combination with the offer of coverage for all other	26376
listed basic health care services if all of the following apply:	26377

(a) The health insuring corporation submits documentation	26378
certified by an independent member of the American academy of	26379
actuaries to the superintendent of insurance showing that incurred	26380
claims for diagnostic and treatment services for biologically	26381
based mental illnesses for a period of at least six months	26382
independently caused the health insuring corporation's costs for	26383
claims and administrative expenses for the coverage of basic	26384
health care services to increase by more than one per cent per	26385
year.	26386

(b) The health insuring corporation submits a signed letter	26387
from an independent member of the American academy of actuaries to	26388
the superintendent of insurance opining that the increase in costs	26389
described in division (A)(3)(a) of this section could reasonably	26390
justify an increase of more than one per cent in the annual	26391
premiums or rates charged by the health insuring corporation for	26392
the coverage of basic health care services.	26393

(c) The superintendent of insurance makes the following	26394
determinations from the documentation and opinion submitted	26395
pursuant to divisions (A)(3)(a) and (b) of this section:	26396

(i) Incurred claims for diagnostic and treatment services for	26397
biologically based mental illnesses for a period of at least six	26398
months independently caused the health insuring corporation's	26399
costs for claims and administrative expenses for the coverage of	26400
basic health care services to increase by more than one per cent	26401
per year.	26402

(ii) The increase in costs reasonably justifies an increase	26403
of more than one per cent in the annual premiums or rates charged	26404
by the health insuring corporation for the coverage of basic	26405
health care services.	26406

Any determination made by the superintendent under this	26407
division is subject to Chapter 119. of the Revised Code.	26408

(B)(1) "Supplemental health care services" means any health	26409
care services other than basic health care services that a health	26410
insuring corporation may offer, alone or in combination with	26411
either basic health care services or other supplemental health	26412
care services, and includes:	26413

(a) Services of facilities for intermediate or long-term	26414
care, or both;	26415

(b) Dental care services;

26416

(c) Vision care and optometric services including lenses and	26417
frames;	26418

(d) Podiatric care or foot care services;

26419

(e) Mental health services, excluding diagnostic and	26420
treatment services for biologically based mental illnesses;	26421

(f) Short-term outpatient evaluative and crisis-intervention	26422
mental health services;	26423

(g) Medical or psychological treatment and referral services	26424
for alcohol and drug abuse or addiction;	26425

(h) Home health services;

26426

(i) Prescription drug services;

26427

(j) Nursing services;

26428

(k) Services of a dietitian licensed under Chapter 4759. of	26429
the Revised Code;	26430

(l) Physical therapy services;

26431

(m) Chiropractic services;

26432

(n) Any other category of services approved by the	26433
superintendent of insurance.	26434

(2) If a health insuring corporation offers prescription drug	26435
services under this division, the coverage shall include	26436
prescription drug services for the treatment of biologically based	26437
mental illnesses on the same terms and conditions as other	26438
physical diseases and disorders.	26439

(C) "Specialty health care services" means one of the	26440
supplemental health care services listed in division (B) of this	26441
section, when provided by a health insuring corporation on an	26442
outpatient-only basis and not in combination with other	26443
supplemental health care services.	26444

(D) "Biologically based mental illnesses" means	26445
schizophrenia, schizoaffective disorder, major depressive	26446
disorder, bipolar disorder, paranoia and other psychotic	26447
disorders, obsessive-compulsive disorder, and panic disorder, as	26448
these terms are defined in the most recent edition of the	26449
diagnostic and statistical manual of mental disorders published by	26450
the American psychiatric association.	26451

(E) "Closed panel plan" means a health care plan that	26452
requires enrollees to use participating providers.	26453

(F) "Compensation" means remuneration for the provision of	26454
health care services, determined on other than a fee-for-service	26455
or discounted-fee-for-service basis.	26456

(G) "Contractual periodic prepayment" means the formula for	26457
determining the premium rate for all subscribers of a health	26458
insuring corporation.	26459

(H) "Corporation" means a corporation formed under Chapter	26460
1701. or 1702. of the Revised Code or the similar laws of another	26461
state.	26462

(I) "Emergency health services" means those health care	26463
services that must be available on a seven-days-per-week,	26464
twenty-four-hours-per-day basis in order to prevent jeopardy to an	26465
enrollee's health status that would occur if such services were	26466
not received as soon as possible, and includes, where appropriate,	26467
provisions for transportation and indemnity payments or service	26468
agreements for out-of-area coverage.	26469

(J) "Enrollee" means any natural person who is entitled to	26470
receive health care benefits provided by a health insuring	26471
corporation.	26472

(K) "Evidence of coverage" means any certificate, agreement,	26473
policy, or contract issued to a subscriber that sets out the	26474
coverage and other rights to which such person is entitled under a	26475
health care plan.	26476

(L) "Health care facility" means any facility, except a	26477
health care practitioner's office, that provides preventive,	26478
diagnostic, therapeutic, acute convalescent, rehabilitation,	26479
mental health, mental retardation, intermediate care, or skilled	26480
nursing services.	26481

(M) "Health care services" means basic, supplemental, and	26482
specialty health care services.	26483

(N) "Health delivery network" means any group of providers or	26484
health care facilities, or both, or any representative thereof,	26485
that have entered into an agreement to offer health care services	26486
in a panel rather than on an individual basis.	26487

(O) "Health insuring corporation" means a corporation, as	26488
defined in division (H) of this section, that, pursuant to a	26489
policy, contract, certificate, or agreement, pays for, reimburses,	26490
or provides, delivers, arranges for, or otherwise makes available,	26491
basic health care services, supplemental health care services, or	26492
specialty health care services, or a combination of basic health	26493
care services and either supplemental health care services or	26494
specialty health care services, through either an open panel plan	26495
or a closed panel plan.	26496

"Health insuring corporation" does not include a limited	26497
liability company formed pursuant to Chapter 1705. of the Revised	26498
Code, an insurer licensed under Title XXXIX of the Revised Code if	26499
that insurer offers only open panel plans under which all	26500
providers and health care facilities participating receive their	26501
compensation directly from the insurer, a corporation formed by or	26502
on behalf of a political subdivision or a department, office, or	26503
institution of the state, or a public entity formed by or on	26504
behalf of a board of county commissioners, a county board of	26505
developmental disabilities, an alcohol and drug addiction services	26506
board, a board of alcohol, drug addiction, and mental health	26507
services, or a community mental health board, as those terms are	26508
used in Chapters 340. and 5126. of the Revised Code. Except as	26509
provided by division (D) of section 1751.02 of the Revised Code,	26510
or as otherwise provided by law, no board, commission, agency, or	26511
other entity under the control of a political subdivision may	26512
accept insurance risk in providing for health care services.	26513
However, nothing in this division shall be construed as	26514
prohibiting such entities from purchasing the services of a health	26515
insuring corporation or a third-party administrator licensed under	26516
Chapter 3959. of the Revised Code.	26517

(P) "Intermediary organization" means a health delivery	26518
network or other entity that contracts with licensed health	26519
insuring corporations or self-insured employers, or both, to	26520
provide health care services, and that enters into contractual	26521
arrangements with other entities for the provision of health care	26522
services for the purpose of fulfilling the terms of its contracts	26523
with the health insuring corporations and self-insured employers.	26524

(Q) "Intermediate care" means residential care above the	26525
level of room and board for patients who require personal	26526
assistance and health-related services, but who do not require	26527
skilled nursing care.	26528

(R) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	26529
~~the Revised Code.~~	26530

~~(S)~~ "Medical record" means the personal information that	26531
relates to an individual's physical or mental condition, medical	26532
history, or medical treatment.	26533

~~(T) "Medicare" means the program established under Title~~	26534
~~XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.~~	26535
~~1395, as amended.~~	26536

~~(U)~~(S)(1) "Open panel plan" means a health care plan that	26537
provides incentives for enrollees to use participating providers	26538
and that also allows enrollees to use providers that are not	26539
participating providers.	26540

(2) No health insuring corporation may offer an open panel	26541
plan, unless the health insuring corporation is also licensed as	26542
an insurer under Title XXXIX of the Revised Code, the health	26543
insuring corporation, on June 4, 1997, holds a certificate of	26544
authority or license to operate under Chapter 1736. or 1740. of	26545
the Revised Code, or an insurer licensed under Title XXXIX of the	26546
Revised Code is responsible for the out-of-network risk as	26547
evidenced by both an evidence of coverage filing under section	26548
1751.11 of the Revised Code and a policy and certificate filing	26549
under section 3923.02 of the Revised Code.	26550

~~(V)~~(T) "Osteopathic hospital" means a hospital registered	26551
under section 3701.07 of the Revised Code that advocates	26552
osteopathic principles and the practice and perpetuation of	26553
osteopathic medicine by doing any of the following:	26554

(1) Maintaining a department or service of osteopathic	26555
medicine or a committee on the utilization of osteopathic	26556
principles and methods, under the supervision of an osteopathic	26557
physician;	26558

(2) Maintaining an active medical staff, the majority of	26559
which is comprised of osteopathic physicians;	26560

(3) Maintaining a medical staff executive committee that has	26561
osteopathic physicians as a majority of its members.	26562

~~(W)~~(U) "Panel" means a group of providers or health care	26563
facilities that have joined together to deliver health care	26564
services through a contractual arrangement with a health insuring	26565
corporation, employer group, or other payor.	26566

~~(X)~~(V) "Person" has the same meaning as in section 1.59 of	26567
the Revised Code, and, unless the context otherwise requires,	26568
includes any insurance company holding a certificate of authority	26569
under Title XXXIX of the Revised Code, any subsidiary and	26570
affiliate of an insurance company, and any government agency.	26571

~~(Y)~~(W) "Premium rate" means any set fee regularly paid by a	26572
subscriber to a health insuring corporation. A "premium rate" does	26573
not include a one-time membership fee, an annual administrative	26574
fee, or a nominal access fee, paid to a managed health care system	26575
under which the recipient of health care services remains solely	26576
responsible for any charges accessed for those services by the	26577
provider or health care facility.	26578

~~(Z)~~(X) "Primary care provider" means a provider that is	26579
designated by a health insuring corporation to supervise,	26580
coordinate, or provide initial care or continuing care to an	26581
enrollee, and that may be required by the health insuring	26582
corporation to initiate a referral for specialty care and to	26583
maintain supervision of the health care services rendered to the	26584
enrollee.	26585

~~(AA)~~(Y) "Provider" means any natural person or partnership of	26586
natural persons who are licensed, certified, accredited, or	26587
otherwise authorized in this state to furnish health care	26588
services, or any professional association organized under Chapter	26589
1785. of the Revised Code, provided that nothing in this chapter	26590
or other provisions of law shall be construed to preclude a health	26591
insuring corporation, health care practitioner, or organized	26592
health care group associated with a health insuring corporation	26593
from employing certified nurse practitioners, certified nurse	26594
anesthetists, clinical nurse specialists, certified nurse	26595
midwives, dietitians, physician assistants, dental assistants,	26596
dental hygienists, optometric technicians, or other allied health	26597
personnel who are licensed, certified, accredited, or otherwise	26598
authorized in this state to furnish health care services.	26599

~~(BB)~~(Z) "Provider sponsored organization" means a	26600
corporation, as defined in division (H) of this section, that is	26601
at least eighty per cent owned or controlled by one or more	26602
hospitals, as defined in section 3727.01 of the Revised Code, or	26603
one or more physicians licensed to practice medicine or surgery or	26604
osteopathic medicine and surgery under Chapter 4731. of the	26605
Revised Code, or any combination of such physicians and hospitals.	26606
Such control is presumed to exist if at least eighty per cent of	26607
the voting rights or governance rights of a provider sponsored	26608
organization are directly or indirectly owned, controlled, or	26609
otherwise held by any combination of the physicians and hospitals	26610
described in this division.	26611

~~(CC)~~(AA) "Solicitation document" means the written materials	26612
provided to prospective subscribers or enrollees, or both, and	26613
used for advertising and marketing to induce enrollment in the	26614
health care plans of a health insuring corporation.	26615

~~(DD)~~(BB) "Subscriber" means a person who is responsible for	26616
making payments to a health insuring corporation for participation	26617
in a health care plan, or an enrollee whose employment or other	26618
status is the basis of eligibility for enrollment in a health	26619
insuring corporation.	26620

~~(EE)~~(CC) "Urgent care services" means those health care	26621
services that are appropriately provided for an unforeseen	26622
condition of a kind that usually requires medical attention	26623
without delay but that does not pose a threat to the life, limb,	26624
or permanent health of the injured or ill person, and may include	26625
such health care services provided out of the health insuring	26626
corporation's approved service area pursuant to indemnity payments	26627
or service agreements.	26628

Sec. 1751.11. (A) Every subscriber of a health insuring	26629
corporation is entitled to an evidence of coverage for the health	26630
care plan under which health care benefits are provided.	26631

(B) Every subscriber of a health insuring corporation that	26632
offers basic health care services is entitled to an identification	26633
card or similar document that specifies the health insuring	26634
corporation's name as stated in its articles of incorporation, and	26635
any trade or fictitious names used by the health insuring	26636
corporation. The identification card or document shall list at	26637
least one toll-free telephone number that provides the subscriber	26638
with access, to information on a twenty-four-hours-per-day,	26639
seven-days-per-week basis, as to how health care services may be	26640
obtained. The identification card or document shall also list at	26641
least one toll-free number that, during normal business hours,	26642
provides the subscriber with access to information on the coverage	26643
available under the subscriber's health care plan and information	26644
on the health care plan's internal and external review processes.	26645

(C) No evidence of coverage, or amendment to the evidence of	26646
coverage, shall be delivered, issued for delivery, renewed, or	26647
used, until the form of the evidence of coverage or amendment has	26648
been filed by the health insuring corporation with the	26649
superintendent of insurance. If the superintendent does not	26650
disapprove the evidence of coverage or amendment within sixty days	26651
after it is filed it shall be deemed approved, unless the	26652
superintendent sooner gives approval for the evidence of coverage	26653
or amendment. With respect to an amendment to an approved evidence	26654
of coverage, the superintendent only may disapprove provisions	26655
amended or added to the evidence of coverage. If the	26656
superintendent determines within the sixty-day period that any	26657
evidence of coverage or amendment fails to meet the requirements	26658
of this section, the superintendent shall so notify the health	26659
insuring corporation and it shall be unlawful for the health	26660
insuring corporation to use such evidence of coverage or	26661
amendment. At any time, the superintendent, upon at least thirty	26662
days' written notice to a health insuring corporation, may	26663
withdraw an approval, deemed or actual, of any evidence of	26664
coverage or amendment on any of the grounds stated in this	26665
section. Such disapproval shall be effected by a written order,	26666
which shall state the grounds for disapproval and shall be issued	26667
in accordance with Chapter 119. of the Revised Code.	26668

(D) No evidence of coverage or amendment shall be delivered,	26669
issued for delivery, renewed, or used:	26670

(1) If it contains provisions or statements that are	26671
inequitable, untrue, misleading, or deceptive;	26672

(2) Unless it contains a clear, concise, and complete	26673
statement of the following:	26674

(a) The health care services and insurance or other benefits,	26675
if any, to which an enrollee is entitled under the health care	26676
plan;	26677

(b) Any exclusions or limitations on the health care	26678
services, type of health care services, benefits, or type of	26679
benefits to be provided, including copayments and deductibles;	26680

(c) An enrollee's personal financial obligation for	26681
noncovered services;	26682

(d) Where and in what manner general information and	26683
information as to how health care services may be obtained is	26684
available, including a toll-free telephone number;	26685

(e) The premium rate with respect to individual and	26686
conversion contracts, and relevant copayment and deductible	26687
provisions with respect to all contracts. The statement of the	26688
premium rate, however, may be contained in a separate insert.	26689

(f) The method utilized by the health insuring corporation	26690
for resolving enrollee complaints;	26691

(g) The utilization review, internal review, and external	26692
review procedures established under sections 1751.77 to 1751.83	26693
and Chapter 3922. of the Revised Code.	26694

(3) Unless it provides for the continuation of an enrollee's	26695
coverage, in the event that the enrollee's coverage under the	26696
group policy, contract, certificate, or agreement terminates while	26697
the enrollee is receiving inpatient care in a hospital. This	26698
continuation of coverage shall terminate at the earliest	26699
occurrence of any of the following:	26700

(a) The enrollee's discharge from the hospital;

26701

(b) The determination by the enrollee's attending physician	26702
that inpatient care is no longer medically indicated for the	26703
enrollee; however, nothing in division (D)(3)(b) of this section	26704
precludes a health insuring corporation from engaging in	26705
utilization review as described in the evidence of coverage.	26706

(c) The enrollee's reaching the limit for contractual	26707
benefits;	26708

(d) The effective date of any new coverage.

26709

(4) Unless it contains a provision that states, in substance,	26710
that the health insuring corporation is not a member of any	26711
guaranty fund, and that in the event of the health insuring	26712
corporation's insolvency, an enrollee is protected only to the	26713
extent that the hold harmless provision required by section	26714
1751.13 of the Revised Code applies to the health care services	26715
rendered;	26716

(5) Unless it contains a provision that states, in substance,	26717
that in the event of the insolvency of the health insuring	26718
corporation, an enrollee may be financially responsible for health	26719
care services rendered by a provider or health care facility that	26720
is not under contract to the health insuring corporation, whether	26721
or not the health insuring corporation authorized the use of the	26722
provider or health care facility.	26723

(E) Notwithstanding divisions (C) and (D) of this section, a	26724
health insuring corporation may use an evidence of coverage that	26725
provides for the coverage of beneficiaries enrolled in medicare	26726
pursuant to a medicare contract, or an evidence of coverage that	26727
provides for the coverage of beneficiaries enrolled in the federal	26728
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	26729
an evidence of coverage that provides for the coverage of medicaid	26730
recipients, or an evidence of coverage that provides for the	26731
coverage of beneficiaries under any other federal health care	26732
program regulated by a federal regulatory body, or an evidence of	26733
coverage that provides for the coverage of beneficiaries under any	26734
contract covering officers or employees of the state that has been	26735
entered into by the department of administrative services, if both	26736
of the following apply:	26737

(1) The evidence of coverage has been approved by the United	26738
States department of health and human services, the United States	26739
office of personnel management, the ~~Ohio~~ department of ~~job and~~	26740
~~family services~~medicaid, or the department of administrative	26741
services.	26742

(2) The evidence of coverage is filed with the superintendent	26743
of insurance prior to use and is accompanied by documentation of	26744
approval from the United States department of health and human	26745
services, the United States office of personnel management, the	26746
~~Ohio~~ department of ~~job and family services~~medicaid, or the	26747
department of administrative services.	26748

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	26749
no premium rate for nongroup and conversion policies for health	26750
care services, or any amendment to them, may be used by any health	26751
insuring corporation at any time until the contractual periodic	26752
prepayment and premium rate, or amendment, have been filed with	26753
the superintendent of insurance, and shall not be effective until	26754
the expiration of sixty days after their filing unless the	26755
superintendent sooner gives approval. The filing shall be	26756
accompanied by an actuarial certification in the form prescribed	26757
by the superintendent. The superintendent shall disapprove the	26758
filing, if the superintendent determines within the sixty-day	26759
period that the contractual periodic prepayment or premium rate,	26760
or amendment, is not in accordance with sound actuarial principles	26761
or is not reasonably related to the applicable coverage and	26762
characteristics of the applicable class of enrollees. The	26763
superintendent shall notify the health insuring corporation of the	26764
disapproval, and it shall thereafter be unlawful for the health	26765
insuring corporation to use the contractual periodic prepayment or	26766
premium rate, or amendment.	26767

(2) No contractual periodic prepayment for group policies for	26768
health care services shall be used until the contractual periodic	26769
prepayment has been filed with the superintendent. The filing	26770
shall be accompanied by an actuarial certification in the form	26771
prescribed by the superintendent. The superintendent may reject a	26772
filing made under division (A)(2) of this section at any time,	26773
with at least thirty days' written notice to a health insuring	26774
corporation, if the contractual periodic prepayment is not in	26775
accordance with sound actuarial principles or is not reasonably	26776
related to the applicable coverage and characteristics of the	26777
applicable class of enrollees.	26778

(3) At any time, the superintendent, upon at least thirty	26779
days' written notice to a health insuring corporation, may	26780
withdraw the approval given under division (A)(1) of this section,	26781
deemed or actual, of any contractual periodic prepayment or	26782
premium rate, or amendment, based on information that either of	26783
the following applies:	26784

(a) The contractual periodic prepayment or premium rate, or	26785
amendment, is not in accordance with sound actuarial principles.	26786

(b) The contractual periodic prepayment or premium rate, or	26787
amendment, is not reasonably related to the applicable coverage	26788
and characteristics of the applicable class of enrollees.	26789

(4) Any disapproval under division (A)(1) of this section,	26790
any rejection of a filing made under division (A)(2) of this	26791
section, or any withdrawal of approval under division (A)(3) of	26792
this section, shall be effected by a written notice, which shall	26793
state the specific basis for the disapproval, rejection, or	26794
withdrawal and shall be issued in accordance with Chapter 119. of	26795
the Revised Code.	26796

(B) Notwithstanding division (A) of this section, a health	26797
insuring corporation may use a contractual periodic prepayment or	26798
premium rate for policies used for the coverage of beneficiaries	26799
enrolled in medicare pursuant to a medicare risk contract or	26800
medicare cost contract, or for policies used for the coverage of	26801
beneficiaries enrolled in the federal employees health benefits	26802
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	26803
coverage of medicaid recipients, or for policies used for the	26804
coverage of beneficiaries under any other federal health care	26805
program regulated by a federal regulatory body, or for policies	26806
used for the coverage of beneficiaries under any contract covering	26807
officers or employees of the state that has been entered into by	26808
the department of administrative services, if both of the	26809
following apply:	26810

(1) The contractual periodic prepayment or premium rate has	26811
been approved by the United States department of health and human	26812
services, the United States office of personnel management, the	26813
department of ~~job and family services~~medicaid, or the department	26814
of administrative services.	26815

(2) The contractual periodic prepayment or premium rate is	26816
filed with the superintendent prior to use and is accompanied by	26817
documentation of approval from the United States department of	26818
health and human services, the United States office of personnel	26819
management, the department of ~~job and family services~~medicaid, or	26820
the department of administrative services.	26821

(C) The administrative expense portion of all contractual	26822
periodic prepayment or premium rate filings submitted to the	26823
superintendent for review must reflect the actual cost of	26824
administering the product. The superintendent may require that the	26825
administrative expense portion of the filings be itemized and	26826
supported.	26827

(D)(1) Copayments must be reasonable and must not be a	26828
barrier to the necessary utilization of services by enrollees.	26829

(2) A health insuring corporation, in order to ensure that	26830
copayments are reasonable and not a barrier to the necessary	26831
utilization of basic health care services by enrollees, may do one	26832
of the following:	26833

(a) Impose copayment charges on any single covered basic	26834
health care service that does not exceed forty per cent of the	26835
average cost to the health insuring corporation of providing the	26836
service;	26837

(b) Impose copayment charges that annually do not exceed	26838
twenty per cent of the total annual cost to the health insuring	26839
corporation of providing all covered basic health care services,	26840
including physician office visits, urgent care services, and	26841
emergency health services, when aggregated as to all persons	26842
covered under the filed product in question. In addition, annual	26843
copayment charges as to each enrollee shall not exceed twenty per	26844
cent of the total annual cost to the health insuring corporation	26845
of providing all covered basic health care services, including	26846
physician office visits, urgent care services, and emergency	26847
health services, as to such enrollee. The total annual cost of	26848
providing a health care service is the cost to the health insuring	26849
corporation of providing the health care service to its enrollees	26850
as reduced by any applicable provider discount.	26851

(3) To ensure that copayments are reasonable and not a	26852
barrier to the utilization of basic health care services, a health	26853
insuring corporation may not impose, in any contract year, on any	26854
subscriber or enrollee, copayments that exceed two hundred per	26855
cent of the average annual premium rate to subscribers or	26856
enrollees.	26857

(4) For purposes of division (D) of this section, both of the	26858
following apply:	26859

(a) Copayments imposed by health insuring corporations in	26860
connection with a high deductible health plan that is linked to a	26861
health savings account are reasonable and are not a barrier to the	26862
necessary utilization of services by enrollees.	26863

(b) Divisions (D)(2) and (3) of this section do not apply to	26864
a high deductible health plan that is linked to a health savings	26865
account.	26866

(E) A health insuring corporation shall not impose lifetime	26867
maximums on basic health care services. However, a health insuring	26868
corporation may establish a benefit limit for inpatient hospital	26869
services that are provided pursuant to a policy, contract,	26870
certificate, or agreement for supplemental health care services.	26871

(F) A health insuring corporation may require that an	26872
enrollee pay an annual deductible that does not exceed one	26873
thousand dollars per enrollee or two thousand dollars per family,	26874
except that:	26875

(1) A health insuring corporation may impose higher	26876
deductibles for high deductible health plans that are linked to	26877
health savings accounts;	26878

(2) The superintendent may adopt rules allowing different	26879
annual deductible amounts for plans with a medical savings	26880
account, health reimbursement arrangement, flexible spending	26881
account, or similar account;	26882

(3) A health insuring corporation may impose higher	26883
deductibles under health plans if requested by the group contract,	26884
policy, certificate, or agreement holder, or an individual seeking	26885
coverage under an individual health plan. This shall not be	26886
construed as requiring the health insuring corporation to create	26887
customized health plans for group contract holders or individuals.	26888

(G) As used in this section, "health savings account" and	26889
"high deductible health plan" have the same meanings as in the	26890
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	26891
amended.	26892

Sec. 1751.14. (A) Notwithstanding section 3901.71 of the	26893
Revised Code, any policy, contract, or agreement for health care	26894
services authorized by this chapter that is issued, delivered, or	26895
renewed in this state and that provides that coverage of an	26896
unmarried dependent child will terminate upon attainment of the	26897
limiting age for dependent children specified in the policy,	26898
contract, or agreement, shall also provide in substance both of	26899
the following:	26900

(1) Once an unmarried child has attained the limiting age for	26901
dependent children, as provided in the policy, contract, or	26902
agreement, upon the request of the subscriber, the health insuring	26903
corporation shall offer to cover the unmarried child until the	26904
child attains twenty-eight years of age if all of the following	26905
are true:	26906

(a) The child is the natural child, stepchild, or adopted	26907
child of the subscriber.	26908

(b) The child is a resident of this state or a full-time	26909
student at an accredited public or private institution of higher	26910
education.	26911

(c) The child is not employed by an employer that offers any	26912
health benefit plan under which the child is eligible for	26913
coverage.	26914

(d) The child is not eligible for coverage under the medicaid	26915
program ~~established under Chapter 5111. of the Revised Code~~ or the	26916
medicare program ~~established under Title XVIII of the "Social~~	26917
~~Security Act," 42 U.S.C. 1395~~.	26918

(2) That attainment of the limiting age for dependent	26919
children shall not operate to terminate the coverage of a	26920
dependent child if the child is and continues to be both of the	26921
following:	26922

(a) Incapable of self-sustaining employment by reason of	26923
mental retardation or physical handicap;	26924

(b) Primarily dependent upon the subscriber for support and	26925
maintenance.	26926

(B) Proof of incapacity and dependence for purposes of	26927
division (A)(2) of this section shall be furnished to the health	26928
insuring corporation within thirty-one days of the child's	26929
attainment of the limiting age. Upon request, but not more	26930
frequently than annually, the health insuring corporation may	26931
require proof satisfactory to it of the continuance of such	26932
incapacity and dependency.	26933

26934

(1) Require that any policy, contract, or agreement offer	26935
coverage for dependent children or provide coverage for an	26936
unmarried dependent child's children as dependents on the policy,	26937
contract, or agreement;	26938

(2) Require an employer to pay for any part of the premium	26939
for an unmarried dependent child that has attained the limiting	26940
age for dependents, as provided in the policy, contract, or	26941
agreement;	26942

(3) Require an employer to offer health insurance coverage to	26943
the dependents of any employee.	26944

(D) This section does not apply to any health insuring	26945
corporation policy, contract, or agreement offering only	26946
supplemental health care services or specialty health care	26947
services.	26948

(E) As used in this section, "health benefit plan" has the	26949
same meaning as in section 3924.01 of the Revised Code and also	26950
includes both of the following:	26951

(1) A public employee benefit plan;

26952

(2) A health benefit plan as regulated under the "Employee	26953
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	26954

Sec. 1751.271. (A) Each health insuring corporation that	26955
provides coverage to medicaid recipients shall post a performance	26956
bond in the amount of three million dollars as security to fulfill	26957
the obligations of the health insuring corporation to pay claims	26958
of contracted providers for covered health care services provided	26959
to medicaid recipients. The bond shall be payable to the	26960
department of insurance in the event that the health insuring	26961
corporation is placed in rehabilitation or liquidation proceedings	26962
under Chapter 3903. of the Revised Code, and shall become a	26963
special deposit subject to section 3903.14 or 3903.421 of the	26964
Revised Code, as applicable. In lieu of the performance bond, a	26965
medicaid health insuring corporation may deposit securities with	26966
the superintendent of insurance, acceptable to the superintendent,	26967
in the amount of three million dollars, to satisfy the bonding	26968
requirements of this section. Upon rehabilitation or liquidation,	26969
the securities shall become a special deposit subject to sections	26970
3903.14 and 3903.421 of the Revised Code, as applicable. The	26971
health insuring corporation shall receive the interest on the	26972
deposited securities as long as the health insuring corporation	26973
remains solvent.	26974

(B) The bond shall be issued by a surety company licensed	26975
with the department of insurance. The bond or deposit, or any	26976
replacement bond or deposit, shall be in a form acceptable to the	26977
superintendent, and shall remain in effect during the duration of	26978
the medicaid health insuring corporation's license and thereafter	26979
until all claims against the medicaid health insuring corporation	26980
have been paid in full.	26981

(C) Documentation of the bond acceptable to the	26982
superintendent of insurance shall be filed with the superintendent	26983
prior to the issuance of a certificate of authority. Annually,	26984
thirty days prior to the renewal of its certificate of authority,	26985
every medicaid health insuring corporation shall furnish the	26986
superintendent of insurance with evidence that the required bond	26987
is still in effect.	26988

(D) As used in this section:

26989

(1) "Contracted provider" means a provider that has a	26990
contract with a medicaid health insuring corporation to provide	26991
covered health care services to medicaid recipients.	26992

(2) "Medicaid health insuring corporation" means a health	26993
insuring corporation that provides health insurance coverage or	26994
otherwise assumes claims liabilities for medicaid recipients.	26995

(3) "Medicaid recipient" means a person ~~eligible for~~	26996
~~assistance under~~enrolled in the medicaid program ~~operated~~	26997
~~pursuant to Chapter 5111. of the Revised Code~~.	26998

Sec. 1751.31. (A) Any changes in a health insuring	26999
corporation's solicitation document shall be filed with the	27000
superintendent of insurance. The superintendent, within sixty days	27001
of filing, may disapprove any solicitation document or amendment	27002
to it on any of the grounds stated in this section. Such	27003
disapproval shall be effected by written notice to the health	27004
insuring corporation. The notice shall state the grounds for	27005
disapproval and shall be issued in accordance with Chapter 119. of	27006
the Revised Code.	27007

(B) The solicitation document shall contain all information	27008
necessary to enable a consumer to make an informed choice as to	27009
whether or not to enroll in the health insuring corporation. The	27010
information shall include a specific description of the health	27011
care services to be available and the approximate number and type	27012
of full-time equivalent medical practitioners. The information	27013
shall be presented in the solicitation document in a manner that	27014
is clear, concise, and intelligible to prospective applicants in	27015
the proposed service area.	27016

(C) Every potential applicant whose subscription to a health	27017
care plan is solicited shall receive, at or before the time of	27018
solicitation, a solicitation document approved by the	27019
superintendent.	27020

(D) Notwithstanding division (A) of this section, a health	27021
insuring corporation may use a solicitation document that the	27022
corporation uses in connection with policies for medicare	27023
beneficiaries pursuant to a medicare risk contract or medicare	27024
cost contract, or for policies for beneficiaries of the federal	27025
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	27026
for policies for medicaid recipients, or for policies for	27027
beneficiaries of any other federal health care program regulated	27028
by a federal regulatory body, or for policies for beneficiaries of	27029
contracts covering officers or employees of the state entered into	27030
by the department of administrative services, if both of the	27031
following apply:	27032

(1) The solicitation document has been approved by the United	27033
States department of health and human services, the United States	27034
office of personnel management, the department of ~~job and family~~	27035
~~services~~medicaid, or the department of administrative services.	27036

(2) The solicitation document is filed with the	27037
superintendent of insurance prior to use and is accompanied by	27038
documentation of approval from the United States department of	27039
health and human services, the United States office of personnel	27040
management, the department of ~~job and family services~~medicaid, or	27041
the department of administrative services.	27042

(E) No health insuring corporation, or its agents or	27043
representatives, shall use monetary or other valuable	27044
consideration, engage in misleading or deceptive practices, or	27045
make untrue, misleading, or deceptive representations to induce	27046
enrollment. Nothing in this division shall prohibit incentive	27047
forms of remuneration such as commission sales programs for the	27048
health insuring corporation's employees and agents.	27049

(F) Any person obligated for any part of a premium rate in	27050
connection with an enrollment agreement, in addition to any right	27051
otherwise available to revoke an offer, may cancel such agreement	27052
within seventy-two hours after having signed the agreement or	27053
offer to enroll. Cancellation occurs when written notice of the	27054
cancellation is given to the health insuring corporation or its	27055
agents or other representatives. A notice of cancellation mailed	27056
to the health insuring corporation shall be considered to have	27057
been filed on its postmark date.	27058

(G) Nothing in this section shall prohibit healthy lifestyle	27059
programs.	27060

Sec. 1751.60. (A) Except as provided for in divisions (E)	27061
and (F) of this section, every provider or health care facility	27062
that contracts with a health insuring corporation to provide	27063
health care services to the health insuring corporation's	27064
enrollees or subscribers shall seek compensation for covered	27065
services solely from the health insuring corporation and not,	27066
under any circumstances, from the enrollees or subscribers, except	27067
for approved copayments and deductibles.	27068

(B) No subscriber or enrollee of a health insuring	27069
corporation is liable to any contracting provider or health care	27070
facility for the cost of any covered health care services, if the	27071
subscriber or enrollee has acted in accordance with the evidence	27072
of coverage.	27073

(C) Except as provided for in divisions (E) and (F) of this	27074
section, every contract between a health insuring corporation and	27075
provider or health care facility shall contain a provision	27076
approved by the superintendent of insurance requiring the provider	27077
or health care facility to seek compensation solely from the	27078
health insuring corporation and not, under any circumstances, from	27079
the subscriber or enrollee, except for approved copayments and	27080
deductibles.	27081

(D) Nothing in this section shall be construed as preventing	27082
a provider or health care facility from billing the enrollee or	27083
subscriber of a health insuring corporation for noncovered	27084
services.	27085

(E) Upon application by a health insuring corporation and a	27086
provider or health care facility, the superintendent may waive the	27087
requirements of divisions (A) and (C) of this section when, in	27088
addition to the reserve requirements contained in section 1751.28	27089
of the Revised Code, the health insuring corporation provides	27090
sufficient assurances to the superintendent that the provider or	27091
health care facility has been provided with financial guarantees.	27092
No waiver of the requirements of divisions (A) and (C) of this	27093
section is effective as to enrollees or subscribers for whom the	27094
health insuring corporation is compensated under a provider	27095
agreement or risk contract entered into ~~pursuant to Chapter 5111.~~	27096
~~or 5115. of the Revised Code~~under the medicaid program.	27097

(F) The requirements of divisions (A) to (C) of this section	27098
apply only to health care services provided to an enrollee or	27099
subscriber prior to the effective date of a termination of a	27100
contract between the health insuring corporation and the provider	27101
or health care facility.	27102

Sec. 1923.14. (A) Except as otherwise provided in this	27103
section, within ten days after receiving a writ of execution	27104
described in division (A) or (B) of section 1923.13 of the Revised	27105
Code, the sheriff, police officer, constable, or bailiff shall	27106
execute it by restoring the plaintiff to the possession of the	27107
premises, and shall levy and collect the costs and make return, as	27108
upon other executions. If an appeal from the judgment of	27109
restitution is filed and if, following the filing of the appeal, a	27110
stay of execution is obtained and any required bond is filed with	27111
the court of common pleas, municipal court, or county court, the	27112
judge of that court immediately shall issue an order to the	27113
sheriff, police officer, constable, or bailiff commanding the	27114
delay of all further proceedings upon the execution. If the	27115
premises have been restored to the plaintiff, the sheriff, police	27116
officer, constable, or bailiff shall forthwith place the defendant	27117
in possession of them, and return the writ with the sheriff's,	27118
police officer's, constable's, or bailiff's proceedings and the	27119
costs taxed on it.	27120

(B)(1) After a court of common pleas, municipal court, or	27121
county court issues a writ of execution described in division (B)	27122
of section 1923.13 of the Revised Code, the clerk of the court	27123
shall send by regular mail, to the last known address of the	27124
titled owner of the manufactured home, mobile home, or	27125
recreational vehicle that is the subject of the writ and to the	27126
last known address of each other person who is listed on the writ	27127
as having any outstanding right, title, or interest in the home,	27128
vehicle, or personal property and to the auditor and treasurer of	27129
the county in which the court is located, a written notice that	27130
the home or vehicle potentially may be sold, destroyed, or have	27131
its title transferred under the circumstances described in	27132
division (B)(3) or (4) of this section.	27133

(2) Except as otherwise provided in this division, after	27134
receiving a writ of execution described in division (B) of section	27135
1923.13 of the Revised Code, and after causing the defendant to be	27136
removed from the residential premises of the manufactured home	27137
park, if necessary, in accordance with the writ, the sheriff,	27138
police officer, constable, or bailiff may cause the manufactured	27139
home, mobile home, or recreational vehicle that is the subject of	27140
the writ, and all personal property on the residential premises,	27141
at the sheriff's, police officer's, constable's, or bailiff's	27142
option, either to be removed from the manufactured home park and,	27143
if necessary, moved to a storage facility of the sheriff's, police	27144
officer's, constable's, or bailiff's choice, or to be retained at	27145
their current location on the residential premises, until they are	27146
claimed by the defendant or they are disposed of in a manner	27147
authorized by division (B)(3), (4), or (6) of this section or by	27148
another section of the Revised Code. The sheriff, police officer,	27149
constable, or bailiff shall not cause the manufactured home,	27150
mobile home, or recreational vehicle that is the subject of the	27151
writ, or the personal property, to be removed from the	27152
manufactured home park or moved to a storage facility if the	27153
holder of any outstanding lien, right, title, or interest in the	27154
home or vehicle, other than the titled owner of the home or	27155
vehicle, meets the conditions set forth in division (B)(6) or (7)	27156
of this section.	27157

The sheriff, police officer, constable, or bailiff who	27158
removes the manufactured home, mobile home, or recreational	27159
vehicle, or the abandoned personal property, from the residential	27160
premises shall be immune from civil liability pursuant to section	27161
2744.03 of the Revised Code for any damage caused to the home,	27162
vehicle, or any personal property during the removal. The park	27163
operator shall not be liable for any damage caused by the park	27164
operator's removal of the manufactured home, mobile home, or	27165
recreational vehicle or the removal of the personal property from	27166
the residential premises, or for any damage to the home, vehicle,	27167
or personal property during the time the home, vehicle, or	27168
property remains abandoned or stored in the manufactured home	27169
park, unless the damage is the result of acts that the park	27170
operator or the park operator's agents or employees performed with	27171
malicious purpose, in bad faith, or in a wanton or reckless	27172
manner. The reasonable costs for a removal of the manufactured	27173
home, mobile home, or recreational vehicle and personal property	27174
and, as applicable, the reasonable costs for its storage shall	27175
constitute a lien upon the home or vehicle payable by the titled	27176
owner of the home or vehicle or payable pursuant to division	27177
(B)(3) of this section.	27178

(3) Except as provided in divisions (B)(4), (5), and (6) of	27179
this section and division (D) of section 1923.12 of the Revised	27180
Code, within sixty days after receiving a writ of execution	27181
described in division (B) of section 1923.13 of the Revised Code,	27182
the sheriff, police officer, constable, or bailiff shall commence	27183
proceedings for the sale of the manufactured home, mobile home, or	27184
recreational vehicle that is the subject of the writ, and the	27185
abandoned personal property on the residential premises, if the	27186
home or vehicle is determined to be abandoned in accordance with	27187
the procedures for the sale of goods on execution under Chapter	27188
2329. of the Revised Code. In addition to all notices required to	27189
be given under section 2329.13 of the Revised Code, the sheriff,	27190
police officer, constable, or bailiff shall serve at their	27191
respective last known addresses a written notice of the date,	27192
time, and place of the sale upon all persons who are listed on the	27193
writ of execution as having any outstanding right, title, or	27194
interest in the abandoned manufactured home, mobile home, or	27195
recreational vehicle and the personal property and shall provide	27196
written notice to the auditor and the treasurer of the county in	27197
which the court issuing the writ is located.	27198

Unless the proceedings are governed by division (D) of	27199
section 1923.12 of the Revised Code, notwithstanding any statutory	27200
provision to the contrary, including, but not limited to, section	27201
2329.66 of the Revised Code, there shall be no stay of execution	27202
or exemption from levy or sale on execution available to the	27203
titled owner of the abandoned manufactured home, mobile home, or	27204
recreational vehicle in relation to a sale under this division.	27205
Except as otherwise provided in sections 2113.031, 2117.25, and	27206
~~5111.11~~5162.21 of the Revised Code in a case involving a deceased	27207
resident or resident's estate, the sheriff, police officer,	27208
constable, or bailiff shall distribute the proceeds from the sale	27209
of an abandoned manufactured home, mobile home, or recreational	27210
vehicle and any personal property under this division in the	27211
following manner:	27212

(a) The sheriff, police officer, constable, or bailiff shall	27213
first pay the costs for any moving of and any storage outside the	27214
manufactured home park of the home or vehicle and any personal	27215
property pursuant to division (B)(2) of this section, the costs of	27216
the sale, including reimbursing the park operator for the deposit	27217
that the park operator paid to the clerk of court under division	27218
(C) of section 1923.12 of the Revised Code, and any unpaid court	27219
costs assessed against the defendant in the underlying action.	27220

(b) Following the payment required by division (B)(3)(a) of	27221
this section, the sheriff, police officer, constable, or bailiff	27222
shall pay all outstanding tax liens on the home or vehicle.	27223

(c) Following the payment required by division (B)(3)(b) of	27224
this section, the sheriff, police officer, constable, or bailiff	27225
shall pay all other outstanding security interests, liens, or	27226
encumbrances on the home or vehicle by priority of filing or other	27227
priority.	27228

(d) Following the payment required by division (B)(3)(c) of	27229
this section, the sheriff, police officer, constable, or bailiff	27230
shall pay any outstanding monetary judgment rendered under section	27231
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	27232
and any costs associated with retaining the home or vehicle prior	27233
to the sale at its location on the residential premises within the	27234
manufactured home park pursuant to division (B)(2) of this	27235
section.	27236

(e) After complying with divisions (B)(3)(a) to (d) of this	27237
section, the sheriff, police officer, constable, or bailiff shall	27238
report any remaining money as unclaimed funds pursuant to Chapter	27239
169. of the Revised Code.	27240

Upon the return of any writ of execution for the satisfaction	27241
of which an abandoned manufactured home, mobile home, or	27242
recreational vehicle has been sold under this division, on careful	27243
examination of the proceedings of the sheriff, police officer,	27244
constable, or bailiff conducting the sale, if the court that	27245
issued the writ finds that the sale was made, in all respects, in	27246
conformity with the relevant provisions of Chapter 2329. of the	27247
Revised Code and with this division, it shall direct the clerk of	27248
the court to make an entry on the journal that the court is	27249
satisfied with the legality of the sale and the court shall direct	27250
the clerk of the court of common pleas of the county in which the	27251
writ was issued to issue a certificate of title, free and clear of	27252
all security interests, liens, and encumbrances, to the purchaser	27253
of the home or vehicle. The clerk of the court of common pleas	27254
shall issue the new certificate of title to the purchaser of the	27255
home or vehicle regardless of whether the writ was issued by the	27256
court of common pleas or another court duly authorized to issue	27257
the writ. If the manufactured home, mobile home, or recreational	27258
vehicle sold under this division is located in a manufactured home	27259
park, the purchaser of the home or vehicle shall have no right to	27260
maintain the home or vehicle in the manufactured home park without	27261
the park operator's consent and the sheriff, police officer,	27262
constable, or bailiff conducting the sale shall notify all	27263
prospective purchasers of this fact prior to the commencement of	27264
the sale.	27265

If, after it is offered for sale on two occasions under this	27266
division, the abandoned manufactured home, mobile home, or	27267
recreational vehicle cannot be sold due to a want of bidders, the	27268
sheriff, police officer, constable, or bailiff shall present the	27269
writ of execution unsatisfied to the clerk of the court of common	27270
pleas of the county in which the writ was issued for the issuance	27271
by the clerk in the manner prescribed in section 4505.10 of the	27272
Revised Code of a certificate of title transferring the title of	27273
the home or vehicle to the plaintiff, free and clear of all	27274
security interests, liens, and encumbrances. The clerk of the	27275
court of common pleas shall issue the new certificate of title	27276
transferring the title of the manufactured home, mobile home, or	27277
recreational vehicle to the plaintiff regardless of whether the	27278
writ was issued by the court of common pleas or another court duly	27279
authorized to issue the writ. If any taxes are owed on the home or	27280
vehicle at this time, the county auditor shall remove the	27281
delinquent taxes from the manufactured home tax list and the	27282
delinquent manufactured home tax list and remit any penalties for	27283
late payment of manufactured home taxes. Acceptance of the	27284
certificate of title by the plaintiff terminates all further	27285
proceedings under this section.	27286

(4) Except as provided in division (B)(5) or (6) of this	27287
section and division (D) of section 1923.12 of the Revised Code,	27288
within sixty days after receiving a writ of execution described in	27289
division (B) of section 1923.13 of the Revised Code, if the	27290
manufactured home, mobile home, or recreational vehicle is	27291
determined to be abandoned and to have a value of less than three	27292
thousand dollars, the sheriff, police officer, constable, or	27293
bailiff shall serve at their respective last known addresses a	27294
written notice of potential action as described in this division	27295
upon all persons who are listed on the writ as having any	27296
outstanding right, title, or interest in the home or vehicle. This	27297
notice shall be in addition to all notices required to be given	27298
under section 2329.13 of the Revised Code. Subject to the	27299
fulfillment of these notice requirements, the sheriff, police	27300
officer, constable, or bailiff shall take one of the following	27301
actions with respect to the abandoned manufactured home, mobile	27302
home, or recreational vehicle:	27303

(a) Cause its destruction if there is no person having an	27304
outstanding right, title, or interest in the home or vehicle,	27305
other than the titled owner of the home or vehicle;	27306

(b) Proceed with its sale under division (B)(3) of this	27307
section;	27308

(c) If there is no person having an outstanding right, title,	27309
or interest in the home or vehicle other than the titled owner of	27310
the home or vehicle, or if there is an outstanding right, title,	27311
or interest in the home or vehicle and the lienholder consents in	27312
writing, present the writ of execution to the clerk of the court	27313
of common pleas of the county in which the writ was issued for the	27314
issuance by the clerk in the manner prescribed in section 4505.10	27315
of the Revised Code of a certificate of title transferring the	27316
title of the home or vehicle to the plaintiff, free and clear of	27317
all security interests, liens, and encumbrances. The clerk of the	27318
court of common pleas shall issue the new certificate of title	27319
transferring the title of the home or vehicle regardless of	27320
whether the writ was issued by the court of common pleas or	27321
another court duly authorized to issue the writ. If any taxes are	27322
owed on the home or vehicle at this time, the county auditor shall	27323
remove the delinquent taxes from the manufactured home tax list	27324
and the delinquent manufactured home tax list and remit any	27325
penalties for late payment of manufactured home taxes. Acceptance	27326
of the certificate of title by the plaintiff terminates all	27327
further proceedings under this section.	27328

(5) At any time prior to the issuance of the writ of	27329
execution described in division (B) of section 1923.13 of the	27330
Revised Code, the titled owner of the manufactured home, mobile	27331
home, or recreational vehicle that would be the subject of the	27332
writ may remove the abandoned home or vehicle from the	27333
manufactured home park or other place of storage upon payment to	27334
the county auditor of all outstanding tax liens on the home or	27335
vehicle and, unless the owner is indigent, payment to the clerk of	27336
court of all unpaid court costs assessed against the defendant in	27337
the underlying action. After the issuance of the writ of	27338
execution, the titled owner of the home or vehicle may remove the	27339
abandoned home or vehicle from the manufactured home park or other	27340
place of storage at any time up to the day before the scheduled	27341
sale, destruction, or transfer of the home or vehicle pursuant to	27342
division (B)(3) or (4) of this section upon payment of all of the	27343
following:	27344

(a) All costs for moving and storage of the home or vehicle	27345
pursuant to division (B)(2) of this section and all costs incurred	27346
by the sheriff, police officer, constable, or bailiff up to and	27347
including the date of the removal of the home or vehicle;	27348

(b) All outstanding tax liens on the home or vehicle;

27349

(c) Unless the owner is indigent, all unpaid court costs	27350
assessed against the defendant in the underlying action.	27351

(6) At any time after the issuance of the writ of execution	27352
described in division (B) of section 1923.13 of the Revised Code,	27353
the holder of any outstanding lien, right, title, or interest in	27354
the manufactured home, mobile home, or recreational vehicle, other	27355
than the titled owner of the home or vehicle, may stop the	27356
sheriff, police officer, constable, or bailiff from proceeding	27357
with the sale under this division by doing both of the following:	27358

(a) Commencing a proceeding to repossess the home or vehicle	27359
pursuant to Chapters 1309. and 1317. of the Revised Code;	27360

(b) Paying to the park operator all monthly rental payments	27361
for the lot on which the home or vehicle is located from the time	27362
of the issuance of the writ of execution until the time that the	27363
home or vehicle is sold pursuant to Chapters 1309. and 1317. of	27364
the Revised Code.	27365

(7)(a) At any time prior to the day before the scheduled sale	27366
of the property pursuant to division (B)(3) of this section, the	27367
defendant may remove any personal property of the defendant from	27368
the abandoned home or vehicle or other place of storage.	27369

(b) If personal property owned by a person other than the	27370
defendant is abandoned on the residential premises and has not	27371
previously been removed, the owner of the personal property may	27372
remove the personal property from the abandoned home or vehicle or	27373
other place of storage up to the day before the scheduled sale of	27374
the property pursuant to division (B)(3) of this section upon	27375
presentation of proof of ownership of the property that is	27376
satisfactory to the sheriff, police officer, constable, or bailiff	27377
conducting the sale.	27378

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	27379
the probate court has exclusive jurisdiction:	27380

(a) To take the proof of wills and to admit to record	27381
authenticated copies of wills executed, proved, and allowed in the	27382
courts of any other state, territory, or country. If the probate	27383
judge is unavoidably absent, any judge of the court of common	27384
pleas may take proof of wills and approve bonds to be given, but	27385
the record of these acts shall be preserved in the usual records	27386
of the probate court.	27387

(b) To grant and revoke letters testamentary and of	27388
administration;	27389

(c) To direct and control the conduct and settle the accounts	27390
of executors and administrators and order the distribution of	27391
estates;	27392

(d) To appoint the attorney general to serve as the	27393
administrator of an estate pursuant to section 2113.06 of the	27394
Revised Code;	27395

(e) To appoint and remove guardians, conservators, and	27396
testamentary trustees, direct and control their conduct, and	27397
settle their accounts;	27398

(f) To grant marriage licenses;

27399

(g) To make inquests respecting persons who are so mentally	27400
impaired as a result of a mental or physical illness or	27401
disability, or mental retardation, or as a result of chronic	27402
substance abuse, that they are unable to manage their property and	27403
affairs effectively, subject to guardianship;	27404

(h) To qualify assignees, appoint and qualify trustees and	27405
commissioners of insolvents, control their conduct, and settle	27406
their accounts;	27407

(i) To authorize the sale of lands, equitable estates, or	27408
interests in lands or equitable estates, and the assignments of	27409
inchoate dower in such cases of sale, on petition by executors,	27410
administrators, and guardians;	27411

(j) To authorize the completion of real property contracts on	27412
petition of executors and administrators;	27413

(k) To construe wills;

27414

(l) To render declaratory judgments, including, but not	27415
limited to, those rendered pursuant to section 2107.084 of the	27416
Revised Code;	27417

(m) To direct and control the conduct of fiduciaries and	27418
settle their accounts;	27419

(n) To authorize the sale or lease of any estate created by	27420
will if the estate is held in trust, on petition by the trustee;	27421

(o) To terminate a testamentary trust in any case in which a	27422
court of equity may do so;	27423

(p) To hear and determine actions to contest the validity of	27424
wills;	27425

(q) To make a determination of the presumption of death of	27426
missing persons and to adjudicate the property rights and	27427
obligations of all parties affected by the presumption;	27428

(r) To hear and determine an action commenced pursuant to	27429
section 3107.41 of the Revised Code to obtain the release of	27430
information pertaining to the birth name of the adopted person and	27431
the identity of the adopted person's biological parents and	27432
biological siblings;	27433

(s) To act for and issue orders regarding wards pursuant to	27434
section 2111.50 of the Revised Code;	27435

(t) To hear and determine actions against sureties on the	27436
bonds of fiduciaries appointed by the probate court;	27437

(u) To hear and determine actions involving informed consent	27438
for medication of persons hospitalized pursuant to section	27439
5122.141 or 5122.15 of the Revised Code;	27440

(v) To hear and determine actions relating to durable powers	27441
of attorney for health care as described in division (D) of	27442
section 1337.16 of the Revised Code;	27443

(w) To hear and determine actions commenced by objecting	27444
individuals, in accordance with section 2133.05 of the Revised	27445
Code;	27446

(x) To hear and determine complaints that pertain to the use	27447
or continuation, or the withholding or withdrawal, of	27448
life-sustaining treatment in connection with certain patients	27449
allegedly in a terminal condition or in a permanently unconscious	27450
state pursuant to division (E) of section 2133.08 of the Revised	27451
Code, in accordance with that division;	27452

(y) To hear and determine applications that pertain to the	27453
withholding or withdrawal of nutrition and hydration from certain	27454
patients allegedly in a permanently unconscious state pursuant to	27455
section 2133.09 of the Revised Code, in accordance with that	27456
section;	27457

(z) To hear and determine applications of attending	27458
physicians in accordance with division (B) of section 2133.15 of	27459
the Revised Code;	27460

(aa) To hear and determine actions relative to the use or	27461
continuation of comfort care in connection with certain principals	27462
under durable powers of attorney for health care, declarants under	27463
declarations, or patients in accordance with division (E) of	27464
either section 1337.16 or 2133.12 of the Revised Code;	27465

(bb) To hear and determine applications for an order	27466
relieving an estate from administration under section 2113.03 of	27467
the Revised Code;	27468

(cc) To hear and determine applications for an order granting	27469
a summary release from administration under section 2113.031 of	27470
the Revised Code;	27471

(dd) To hear and determine actions relating to the exercise	27472
of the right of disposition, in accordance with section 2108.90 of	27473
the Revised Code;	27474

(ee) To hear and determine actions relating to the	27475
disinterment and reinterment of human remains under section 517.23	27476
of the Revised Code;	27477

(ff) To hear and determine petitions for an order for	27478
treatment of a person suffering from alcohol and other drug abuse	27479
filed under section ~~3793.34~~5119.93 of the Revised Code and to	27480
order treatment of that nature in accordance with, and take other	27481
actions afforded to the court under, sections ~~3793.31~~5119.90 to	27482
~~3793.39~~5119.98 of the Revised Code.	27483

(2) In addition to the exclusive jurisdiction conferred upon	27484
the probate court by division (A)(1) of this section, the probate	27485
court shall have exclusive jurisdiction over a particular subject	27486
matter if both of the following apply:	27487

(a) Another section of the Revised Code expressly confers	27488
jurisdiction over that subject matter upon the probate court.	27489

(b) No section of the Revised Code expressly confers	27490
jurisdiction over that subject matter upon any other court or	27491
agency.	27492

(B)(1) The probate court has concurrent jurisdiction with,	27493
and the same powers at law and in equity as, the general division	27494
of the court of common pleas to issue writs and orders, and to	27495
hear and determine actions as follows:	27496

(a) If jurisdiction relative to a particular subject matter	27497
is stated to be concurrent in a section of the Revised Code or has	27498
been construed by judicial decision to be concurrent, any action	27499
that involves that subject matter;	27500

(b) Any action that involves an inter vivos trust; a trust	27501
created pursuant to section 5815.28 of the Revised Code; a	27502
charitable trust or foundation; subject to divisions (A)(1)(u) and	27503
(z) of this section, a power of attorney, including, but not	27504
limited to, a durable power of attorney; the medical treatment of	27505
a competent adult; or a writ of habeas corpus;	27506

(c) Subject to section 2101.31 of the Revised Code, any	27507
action with respect to a probate estate, guardianship, trust, or	27508
post-death dispute that involves any of the following:	27509

(i) A designation or removal of a beneficiary of a life	27510
insurance policy, annuity contract, retirement plan, brokerage	27511
account, security account, bank account, real property, or	27512
tangible personal property;	27513

(ii) A designation or removal of a payable-on-death	27514
beneficiary or transfer-on-death beneficiary;	27515

(iii) A change in the title to any asset involving a joint	27516
and survivorship interest;	27517

(iv) An alleged gift;

27518

(v) The passing of assets upon the death of an individual	27519
otherwise than by will, intestate succession, or trust.	27520

(2) Any action that involves a concurrent jurisdiction	27521
subject matter and that is before the probate court may be	27522
transferred by the probate court, on its order, to the general	27523
division of the court of common pleas.	27524

(C) The probate court has plenary power at law and in equity	27525
to dispose fully of any matter that is properly before the court,	27526
unless the power is expressly otherwise limited or denied by a	27527
section of the Revised Code.	27528

(D) The jurisdiction acquired by a probate court over a	27529
matter or proceeding is exclusive of that of any other probate	27530
court, except when otherwise provided by law.	27531

Sec. 2108.05. (A) A donor may make an anatomical gift by	27532
doing any of the following:	27533

(1) Authorizing a statement or symbol to be imprinted on the	27534
donor's driver's license or identification card indicating that	27535
the donor has certified a willingness to make an anatomical gift;	27536

(2) Specifying in the donor's will an intent to make an	27537
anatomical gift;	27538

(3) Specifying an intent to make an anatomical gift in the	27539
donor's declaration as described in section 2133.16 of the Revised	27540
Code;	27541

(4) During a terminal illness or injury of the donor,	27542
communicating in any manner to a minimum of two adults, at least	27543
one of whom is a disinterested witness, that the donor intends to	27544
make an anatomical gift;	27545

(5) Following the procedure in division (B) of this section.

27546

(B) A donor or other person authorized to make an anatomical	27547
gift under section 2108.04 of the Revised Code may make a gift by	27548
a donor card or other record signed by the donor or other person	27549
making the gift or by authorizing that a statement or symbol	27550
indicating that the donor has certified a willingness to make an	27551
anatomical gift be included in a donor registry. If the donor or	27552
other person is physically unable to sign a record, the record may	27553
be signed by another individual at the direction of the donor or	27554
other person and shall do both of the following:	27555

(1) Be witnessed by at least two adults, at least one of whom	27556
is a disinterested witness, who have signed at the request of the	27557
donor or the other person;	27558

(2) State that it has been signed and witnessed as provided	27559
in division (B)(1) of this section.	27560

(C) Once a donor has authorized a statement or symbol to be	27561
imprinted on the donor's driver's license or identification card	27562
indicating that the donor has certified a willingness to make an	27563
anatomical gift, the donor does not need to recertify the donor's	27564
willingness to make an anatomical gift upon renewal of the	27565
driver's license or identification card. The authorization shall	27566
remain in effect until the donor withdraws that authorization.	27567

(D) Revocation, suspension, expiration, or cancellation of a	27568
driver's license or identification card upon which an anatomical	27569
gift is indicated does not invalidate the gift.	27570

~~(D)~~(E) An anatomical gift made by will takes effect on the	27571
donor's death whether or not the will is probated. Invalidation of	27572
the will after the donor's death does not invalidate the gift.	27573

Sec. 2113.041. (A) The administrator of the medicaid estate	27574
recovery program established pursuant to section ~~5111.11~~5162.21	27575
of the Revised Code may present an affidavit to a financial	27576
institution requesting that the financial institution release	27577
account proceeds to recover the cost of services correctly	27578
provided to a medicaid recipient who is subject to the medicaid	27579
estate recovery program. The affidavit shall include all of the	27580
following information:	27581

(1) The name of the decedent;

27582

(2) The name of any person who gave notice that the decedent	27583
was a medicaid recipient and that person's relationship to the	27584
decedent;	27585

(3) The name of the financial institution;

27586

(4) The account number;

27587

(5) A description of the claim for estate recovery;

27588

(6) The amount of funds to be recovered.

27589

(B) A financial institution may release account proceeds to	27590
the administrator of the medicaid estate recovery program if all	27591
of the following apply:	27592

(1) The decedent held an account at the financial institution	27593
that was in the decedent's name only.	27594

(2) No estate has been, and it is reasonable to assume that	27595
no estate will be, opened for the decedent.	27596

(3) The decedent has no outstanding debts known to the	27597
administrator of the medicaid estate recovery program.	27598

(4) The financial institution has received no objections or	27599
has determined that no valid objections to release of proceeds	27600
have been received.	27601

(C) If proceeds have been released pursuant to division (B)	27602
of this section and the department of ~~job and family services~~	27603
medicaid receives notice of a valid claim to the proceeds that has	27604
a higher priority under section 2117.25 of the Revised Code than	27605
the claim of the medicaid estate recovery program, the department	27606
may refund the proceeds to the financial institution or pay them	27607
to the person or government entity with the claim.	27608

Sec. 2113.06. (A) Administration of the estate of an	27609
intestate shall be granted to persons mentioned in this division,	27610
in the following order:	27611

(1) To the surviving spouse of the deceased, if resident of	27612
the state;	27613

(2) To one of the next of kin of the deceased, resident of	27614
the state.	27615

(B) If the persons entitled to administer the estate under	27616
division (A) of this section fail to take or renounce	27617
administration voluntarily, the matter shall be set for hearing	27618
and notice given to the persons.	27619

(C) If there are no persons entitled to administration, if	27620
they are for any reason unsuitable for the discharge of the trust,	27621
or if without sufficient cause they neglect to apply within a	27622
reasonable time for the administration of the estate, their right	27623
to priority shall be lost, and the court shall commit the	27624
administration to some suitable person who is a resident of the	27625
state, or to the attorney general or the attorney general's	27626
designee, if the department of ~~job and family services~~medicaid is	27627
seeking to recover ~~medical assistance~~the costs of medicaid	27628
services from the deceased pursuant to section ~~5111.11~~5162.21 or	27629
~~5111.111~~5162.211 of the Revised Code. The person granted	27630
administration may be a creditor of the estate.	27631

(D) This section applies to the appointment of an	27632
administrator de bonis non.	27633

Sec. 2117.061. (A) As used in this section:

27634

(1) "Medicaid estate recovery program" means the program	27635
instituted under section ~~5111.11~~5162.21 of the Revised Code.	27636

(2) "Person responsible for the estate" means the executor,	27637
administrator, commissioner, or person who filed pursuant to	27638
section 2113.03 of the Revised Code for release from	27639
administration of an estate.	27640

(B) The person responsible for the estate of a decedent	27641
subject to the medicaid estate recovery program or the estate of a	27642
decedent who was the spouse of a decedent subject to the medicaid	27643
estate recovery program shall submit a properly completed medicaid	27644
estate recovery notice form to the administrator of the medicaid	27645
estate recovery program not later than thirty days after the	27646
occurrence of any of the following:	27647

(1) The granting of letters of administration or letters	27648
testamentary;	27649

(2) The filing of an application for release from	27650
administration or summary release from administration.	27651

(C) The person responsible for the estate shall mark the	27652
appropriate box on the appropriate probate form that gives notice	27653
to the administrator of the medicaid estate recovery program to	27654
indicate compliance with the requirements of division (B) of this	27655
section.	27656

(D) The administrator of the medicaid estate recovery program	27657
shall present a claim for estate recovery to the person	27658
responsible for the estate of the decedent or the person's legal	27659
representative not later than ninety days after the date on which	27660
the medicaid estate recovery notice form is received under	27661
division (B) of this section or one year after the decedent's	27662
death, whichever is later.	27663

Sec. 2117.25. (A) Every executor or administrator shall	27664
proceed with diligence to pay the debts of the decedent and shall	27665
apply the assets in the following order:	27666

(1) Costs and expenses of administration;

27667

(2) An amount, not exceeding four thousand dollars, for	27668
funeral expenses that are included in the bill of a funeral	27669
director, funeral expenses other than those in the bill of a	27670
funeral director that are approved by the probate court, and an	27671
amount, not exceeding three thousand dollars, for burial and	27672
cemetery expenses, including that portion of the funeral	27673
director's bill allocated to cemetery expenses that have been paid	27674
to the cemetery by the funeral director.	27675

For purposes of division (A)(2) of this section, burial and	27676
cemetery expenses shall be limited to the following:	27677

(a) The purchase of a right of interment;

27678

(b) Monuments or other markers;

27679

27680

(d) The cost of opening and closing the place of interment;

27681

(e) The urn.

27682

(3) The allowance for support made to the surviving spouse,	27683
minor children, or both under section 2106.13 of the Revised Code;	27684

(4) Debts entitled to a preference under the laws of the	27685
United States;	27686

(5) Expenses of the last sickness of the decedent;

27687

(6) If the total bill of a funeral director for funeral	27688
expenses exceeds four thousand dollars, then, in addition to the	27689
amount described in division (A)(2) of this section, an amount,	27690
not exceeding two thousand dollars, for funeral expenses that are	27691
included in the bill and that exceed four thousand dollars;	27692

(7) Expenses of the decedent's last continuous stay in a	27693
nursing home as defined in section 3721.01 of the Revised Code,	27694
residential facility as defined in section 5123.19 of the Revised	27695
Code, or hospital long-term care unit as defined in section	27696
~~3721.50~~5168.40 of the Revised Code.	27697

For purposes of division (A)(7) of this section, a decedent's	27698
last ~~continuance~~continuous stay includes up to thirty consecutive	27699
days during which the decedent was temporarily absent from the	27700
nursing home, residential facility, or hospital long-term care	27701
unit.	27702

(8) Personal property taxes, claims made under the medicaid	27703
estate recovery program instituted pursuant to section ~~5111.11~~	27704
5162.21 of the Revised Code, and obligations for which the	27705
decedent was personally liable to the state or any of its	27706
subdivisions;	27707

(9) Debts for manual labor performed for the decedent within	27708
twelve months preceding the decedent's death, not exceeding three	27709
hundred dollars to any one person;	27710

(10) Other debts for which claims have been presented and	27711
finally allowed.	27712

(B) The part of the bill of a funeral director that exceeds	27713
the total of six thousand dollars as described in divisions (A)(2)	27714
and (6) of this section, and the part of a claim included in	27715
division (A)(9) of this section that exceeds three hundred dollars	27716
shall be included as a debt under division (A)(10) of this	27717
section, depending upon the time when the claim for the additional	27718
amount is presented.	27719

(C) Any natural person or fiduciary who pays a claim of any	27720
creditor described in division (A) of this section shall be	27721
subrogated to the rights of that creditor proportionate to the	27722
amount of the payment and shall be entitled to reimbursement for	27723
that amount in accordance with the priority of payments set forth	27724
in that division.	27725

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	27726
to the manner in which and the time within which claims shall be	27727
presented, shall apply to claims set forth in divisions (A)(2),	27728
(6), and (9) of this section. Claims for an expense of	27729
administration or for the allowance for support need not be	27730
presented. The executor or administrator shall pay debts included	27731
in divisions (A)(4) and (8) of this section, of which the executor	27732
or administrator has knowledge, regardless of presentation.	27733

(2) The giving of written notice to an executor or	27734
administrator of a motion or application to revive an action	27735
pending against the decedent at the date of death shall be	27736
equivalent to the presentation of a claim to the executor or	27737
administrator for the purpose of determining the order of payment	27738
of any judgment rendered or decree entered in such an action.	27739

(E) No payments shall be made to creditors of one class until	27740
all those of the preceding class are fully paid or provided for.	27741
If the assets are insufficient to pay all the claims of one class,	27742
the creditors of that class shall be paid ratably.	27743

(F) If it appears at any time that the assets have been	27744
exhausted in paying prior or preferred charges, allowances, or	27745
claims, those payments shall be a bar to an action on any claim	27746
not entitled to that priority or preference.	27747

Sec. 2133.01. Unless the context otherwise requires, as used	27748
in sections 2133.01 to 2133.15 of the Revised Code:	27749

(A) "Adult" means an individual who is eighteen years of age	27750
or older.	27751

(B) "Attending physician" means the physician to whom a	27752
declarant or other patient, or the family of a declarant or other	27753
patient, has assigned primary responsibility for the treatment or	27754
care of the declarant or other patient, or, if the responsibility	27755
has not been assigned, the physician who has accepted that	27756
responsibility.	27757

27758

(1) Nutrition when administered to diminish the pain or	27759
discomfort of a declarant or other patient, but not to postpone	27760
the declarant's or other patient's death;	27761

(2) Hydration when administered to diminish the pain or	27762
discomfort of a declarant or other patient, but not to postpone	27763
the declarant's or other patient's death;	27764

(3) Any other medical or nursing procedure, treatment,	27765
intervention, or other measure that is taken to diminish the pain	27766
or discomfort of a declarant or other patient, but not to postpone	27767
the declarant's or other patient's death.	27768

(D) "Consulting physician" means a physician who, in	27769
conjunction with the attending physician of a declarant or other	27770
patient, makes one or more determinations that are required to be	27771
made by the attending physician, or to be made by the attending	27772
physician and one other physician, by an applicable provision of	27773
this chapter, to a reasonable degree of medical certainty and in	27774
accordance with reasonable medical standards.	27775

(E) "Declarant" means any adult who has executed a	27776
declaration in accordance with section 2133.02 of the Revised	27777
Code.	27778

(F) "Declaration" means a written document executed in	27779
accordance with section 2133.02 of the Revised Code.	27780

(G) "Durable power of attorney for health care" means a	27781
document created pursuant to sections 1337.11 to 1337.17 of the	27782
Revised Code.	27783

(H) "Guardian" means a person appointed by a probate court	27784
pursuant to Chapter 2111. of the Revised Code to have the care and	27785
management of the person of an incompetent.	27786

(I) "Health care facility" means any of the following:

27787

(1) A hospital;

27788

(2) A hospice care program, pediatric respite care program,	27789
or other institution that specializes in comfort care of patients	27790
in a terminal condition or in a permanently unconscious state;	27791

(3) A nursing home or residential care facility, as defined	27792
in section 3721.01 of the Revised Code;	27793

(4) A home health agency and any residential facility where a	27794
person is receiving care under the direction of a home health	27795
agency;	27796

(5) An intermediate care facility for the mentally retarded.

27797

(J) "Health care personnel" means physicians, nurses,	27798
physician assistants, emergency medical technicians-basic,	27799
emergency medical technicians-intermediate, emergency medical	27800
technicians-paramedic, medical technicians, dietitians, other	27801
authorized persons acting under the direction of an attending	27802
physician, and administrators of health care facilities.	27803

(K) "Home health agency" has the same meaning as in section	27804
3701.881 of the Revised Code.	27805

(L) "Hospice care program" and "pediatric respite care	27806
program" have the same meanings as in section 3712.01 of the	27807
Revised Code.	27808

(M) "Hospital" has the same meanings as in sections 3701.01,	27809
3727.01, and 5122.01 of the Revised Code.	27810

(N) "Hydration" means fluids that are artificially or	27811
technologically administered.	27812

(O) "Incompetent" has the same meaning as in section 2111.01	27813
of the Revised Code.	27814

(P) "Intermediate care facility for the mentally retarded"	27815
has the same meaning as in section ~~5111.20~~5124.01 of the Revised	27816
Code.	27817

(Q) "Life-sustaining treatment" means any medical procedure,	27818
treatment, intervention, or other measure that, when administered	27819
to a qualified patient or other patient, will serve principally to	27820
prolong the process of dying.	27821

(R) "Nurse" means a person who is licensed to practice	27822
nursing as a registered nurse or to practice practical nursing as	27823
a licensed practical nurse pursuant to Chapter 4723. of the	27824
Revised Code.	27825

(S) "Nursing home" has the same meaning as in section 3721.01	27826
of the Revised Code.	27827

(T) "Nutrition" means sustenance that is artificially or	27828
technologically administered.	27829

(U) "Permanently unconscious state" means a state of	27830
permanent unconsciousness in a declarant or other patient that, to	27831
a reasonable degree of medical certainty as determined in	27832
accordance with reasonable medical standards by the declarant's or	27833
other patient's attending physician and one other physician who	27834
has examined the declarant or other patient, is characterized by	27835
both of the following:	27836

(1) Irreversible unawareness of one's being and environment.

27837

(2) Total loss of cerebral cortical functioning, resulting in	27838
the declarant or other patient having no capacity to experience	27839
pain or suffering.	27840

(V) "Person" has the same meaning as in section 1.59 of the	27841
Revised Code and additionally includes political subdivisions and	27842
governmental agencies, boards, commissions, departments,	27843
institutions, offices, and other instrumentalities.	27844

(W) "Physician" means a person who is authorized under	27845
Chapter 4731. of the Revised Code to practice medicine and surgery	27846
or osteopathic medicine and surgery.	27847

(X) "Political subdivision" and "state" have the same	27848
meanings as in section 2744.01 of the Revised Code.	27849

(Y) "Professional disciplinary action" means action taken by	27850
the board or other entity that regulates the professional conduct	27851
of health care personnel, including the state medical board and	27852
the board of nursing.	27853

(Z) "Qualified patient" means an adult who has executed a	27854
declaration and has been determined to be in a terminal condition	27855
or in a permanently unconscious state.	27856

(AA) "Terminal condition" means an irreversible, incurable,	27857
and untreatable condition caused by disease, illness, or injury	27858
from which, to a reasonable degree of medical certainty as	27859
determined in accordance with reasonable medical standards by a	27860
declarant's or other patient's attending physician and one other	27861
physician who has examined the declarant or other patient, both of	27862
the following apply:	27863

(1) There can be no recovery.

27864

(2) Death is likely to occur within a relatively short time	27865
if life-sustaining treatment is not administered.	27866

(BB) "Tort action" means a civil action for damages for	27867
injury, death, or loss to person or property, other than a civil	27868
action for damages for breach of a contract or another agreement	27869
between persons.	27870

Sec. 2133.25. (A) The department of health, by rule adopted	27871
pursuant to Chapter 119. of the Revised Code, shall adopt a	27872
standardized method of procedure for the withholding of CPR by	27873
physicians, emergency medical services personnel, and health care	27874
facilities in accordance with sections 2133.21 to 2133.26 of the	27875
Revised Code. The standardized method shall specify criteria for	27876
determining when a do-not-resuscitate order issued by a physician	27877
is current. The standardized method so adopted shall be the	27878
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	27879
2133.26 of the Revised Code. The department also shall approve one	27880
or more standard forms of DNR identification to be used throughout	27881
this state.	27882

(B) The department of health shall adopt rules in accordance	27883
with Chapter 119. of the Revised Code for the administration of	27884
sections 2133.21 to 2133.26 of the Revised Code.	27885

(C) The department of health shall appoint an advisory	27886
committee to advise the department in the development of rules	27887
under this section. The advisory committee shall include, but	27888
shall not be limited to, representatives of each of the following	27889
organizations:	27890

(1) The association for hospitals and health systems (OHA);

27891

(2) The Ohio state medical association;

27892

(3) The Ohio chapter of the American college of emergency	27893
physicians;	27894

(4) The Ohio hospice organization;

27895

(5) The Ohio council for home care;

27896

(6) The Ohio health care association;

27897

(7) The Ohio ambulance association;

27898

(8) The Ohio medical directors association;

27899

(9) The Ohio association of emergency medical services;

27900

(10) The bioethics network of Ohio;

27901

(11) The Ohio nurses association;

27902

(12) The Ohio academy of nursing homes;

27903

(13) The Ohio association of professional firefighters;

27904

(14) The department of developmental disabilities;

27905

(15) The Ohio osteopathic association;

27906

(16) The association of Ohio philanthropic homes, housing and	27907
services for the aging;	27908

(17) The catholic conference of Ohio;

27909

(18) The department of aging;

27910

(19) The department of ~~mental health~~mental health and	27911
addiction services;	27912

(20) The Ohio private residential association;

27913

(21) The northern Ohio fire fighters association.

27914

Sec. 2151.011. (A) As used in the Revised Code:

27915

(1) "Juvenile court" means whichever of the following is	27916
applicable that has jurisdiction under this chapter and Chapter	27917
2152. of the Revised Code:	27918

(a) The division of the court of common pleas specified in	27919
section 2101.022 or 2301.03 of the Revised Code as having	27920
jurisdiction under this chapter and Chapter 2152. of the Revised	27921
Code or as being the juvenile division or the juvenile division	27922
combined with one or more other divisions;	27923

(b) The juvenile court of Cuyahoga county or Hamilton county	27924
that is separately and independently created by section 2151.08 or	27925
Chapter 2153. of the Revised Code and that has jurisdiction under	27926
this chapter and Chapter 2152. of the Revised Code;	27927

(c) If division (A)(1)(a) or (b) of this section does not	27928
apply, the probate division of the court of common pleas.	27929

(2) "Juvenile judge" means a judge of a court having	27930
jurisdiction under this chapter.	27931

(3) "Private child placing agency" means any association, as	27932
defined in section 5103.02 of the Revised Code, that is certified	27933
under section 5103.03 of the Revised Code to accept temporary,	27934
permanent, or legal custody of children and place the children for	27935
either foster care or adoption.	27936

(4) "Private noncustodial agency" means any person,	27937
organization, association, or society certified by the department	27938
of job and family services that does not accept temporary or	27939
permanent legal custody of children, that is privately operated in	27940
this state, and that does one or more of the following:	27941

(a) Receives and cares for children for two or more	27942
consecutive weeks;	27943

(b) Participates in the placement of children in certified	27944
foster homes;	27945

(c) Provides adoption services in conjunction with a public	27946
children services agency or private child placing agency.	27947

(B) As used in this chapter:

27948

(1) "Adequate parental care" means the provision by a child's	27949
parent or parents, guardian, or custodian of adequate food,	27950
clothing, and shelter to ensure the child's health and physical	27951
safety and the provision by a child's parent or parents of	27952
specialized services warranted by the child's physical or mental	27953
needs.	27954

(2) "Adult" means an individual who is eighteen years of age	27955
or older.	27956

(3) "Agreement for temporary custody" means a voluntary	27957
agreement authorized by section 5103.15 of the Revised Code that	27958
transfers the temporary custody of a child to a public children	27959
services agency or a private child placing agency.	27960

(4) "Alternative response" means the public children services	27961
agency's response to a report of child abuse or neglect that	27962
engages the family in a comprehensive evaluation of child safety,	27963
risk of subsequent harm, and family strengths and needs and that	27964
does not include a determination as to whether child abuse or	27965
neglect occurred.	27966

(5) "Certified foster home" means a foster home, as defined	27967
in section 5103.02 of the Revised Code, certified under section	27968
5103.03 of the Revised Code.	27969

(6) "Child" means a person who is under eighteen years of	27970
age, except that the juvenile court has jurisdiction over any	27971
person who is adjudicated an unruly child prior to attaining	27972
eighteen years of age until the person attains twenty-one years of	27973
age, and, for purposes of that jurisdiction related to that	27974
adjudication, a person who is so adjudicated an unruly child shall	27975
be deemed a "child" until the person attains twenty-one years of	27976
age.	27977

(7) "Child day camp," "child care," "child day-care center,"	27978
"part-time child day-care center," "type A family day-care home,"	27979
"certified type B family day-care home," "type B home,"	27980
"administrator of a child day-care center," "administrator of a	27981
type A family day-care home," "in-home aide," and "authorized	27982
provider" have the same meanings as in section 5104.01 of the	27983
Revised Code.	27984

(8) "Child care provider" means an individual who is a	27985
child-care staff member or administrator of a child day-care	27986
center, a type A family day-care home, or a type B family day-care	27987
home, or an in-home aide or an individual who is licensed, is	27988
regulated, is approved, operates under the direction of, or	27989
otherwise is certified by the department of job and family	27990
services, department of developmental disabilities, or the early	27991
childhood programs of the department of education.	27992

(9) "Chronic truant" has the same meaning as in section	27993
2152.02 of the Revised Code.	27994

(10) "Commit" means to vest custody as ordered by the court.

27995

(11) "Counseling" includes both of the following:

27996

(a) General counseling services performed by a public	27997
children services agency or shelter for victims of domestic	27998
violence to assist a child, a child's parents, and a child's	27999
siblings in alleviating identified problems that may cause or have	28000
caused the child to be an abused, neglected, or dependent child.	28001

(b) Psychiatric or psychological therapeutic counseling	28002
services provided to correct or alleviate any mental or emotional	28003
illness or disorder and performed by a licensed psychiatrist,	28004
licensed psychologist, or a person licensed under Chapter 4757. of	28005
the Revised Code to engage in social work or professional	28006
counseling.	28007

(12) "Custodian" means a person who has legal custody of a	28008
child or a public children services agency or private child	28009
placing agency that has permanent, temporary, or legal custody of	28010
a child.	28011

(13) "Delinquent child" has the same meaning as in section	28012
2152.02 of the Revised Code.	28013

(14) "Detention" means the temporary care of children pending	28014
court adjudication or disposition, or execution of a court order,	28015
in a public or private facility designed to physically restrict	28016
the movement and activities of children.	28017

(15) "Developmental disability" has the same meaning as in	28018
section 5123.01 of the Revised Code.	28019

(16) "Differential response approach" means an approach that	28020
a public children services agency may use to respond to accepted	28021
reports of child abuse or neglect with either an alternative	28022
response or a traditional response.	28023

(17) "Foster caregiver" has the same meaning as in section	28024
5103.02 of the Revised Code.	28025

(18) "Guardian" means a person, association, or corporation	28026
that is granted authority by a probate court pursuant to Chapter	28027
2111. of the Revised Code to exercise parental rights over a child	28028
to the extent provided in the court's order and subject to the	28029
residual parental rights of the child's parents.	28030

(19) "Habitual truant" means any child of compulsory school	28031
age who is absent without legitimate excuse for absence from the	28032
public school the child is supposed to attend for five or more	28033
consecutive school days, seven or more school days in one school	28034
month, or twelve or more school days in a school year.	28035

(20) "Juvenile traffic offender" has the same meaning as in	28036
section 2152.02 of the Revised Code.	28037

(21) "Legal custody" means a legal status that vests in the	28038
custodian the right to have physical care and control of the child	28039
and to determine where and with whom the child shall live, and the	28040
right and duty to protect, train, and discipline the child and to	28041
provide the child with food, shelter, education, and medical care,	28042
all subject to any residual parental rights, privileges, and	28043
responsibilities. An individual granted legal custody shall	28044
exercise the rights and responsibilities personally unless	28045
otherwise authorized by any section of the Revised Code or by the	28046
court.	28047

(22) A "legitimate excuse for absence from the public school	28048
the child is supposed to attend" includes, but is not limited to,	28049
any of the following:	28050

(a) The fact that the child in question has enrolled in and	28051
is attending another public or nonpublic school in this or another	28052
state;	28053

(b) The fact that the child in question is excused from	28054
attendance at school for any of the reasons specified in section	28055
3321.04 of the Revised Code;	28056

(c) The fact that the child in question has received an age	28057
and schooling certificate in accordance with section 3331.01 of	28058
the Revised Code.	28059

(23) "Mental illness" and "mentally ill person subject to	28060
hospitalization by court order" have the same meanings as in	28061
section 5122.01 of the Revised Code.	28062

(24) "Mental injury" means any behavioral, cognitive,	28063
emotional, or mental disorder in a child caused by an act or	28064
omission that is described in section 2919.22 of the Revised Code	28065
and is committed by the parent or other person responsible for the	28066
child's care.	28067

(25) "Mentally retarded person" has the same meaning as in	28068
section 5123.01 of the Revised Code.	28069

(26) "Nonsecure care, supervision, or training" means care,	28070
supervision, or training of a child in a facility that does not	28071
confine or prevent movement of the child within the facility or	28072
from the facility.	28073

(27) "Of compulsory school age" has the same meaning as in	28074
section 3321.01 of the Revised Code.	28075

(28) "Organization" means any institution, public,	28076
semipublic, or private, and any private association, society, or	28077
agency located or operating in the state, incorporated or	28078
unincorporated, having among its functions the furnishing of	28079
protective services or care for children, or the placement of	28080
children in certified foster homes or elsewhere.	28081

(29) "Out-of-home care" means detention facilities, shelter	28082
facilities, certified children's crisis care facilities, certified	28083
foster homes, placement in a prospective adoptive home prior to	28084
the issuance of a final decree of adoption, organizations,	28085
certified organizations, child day-care centers, type A family	28086
day-care homes, child care provided by type B family day-care home	28087
providers and by in-home aides, group home providers, group homes,	28088
institutions, state institutions, residential facilities,	28089
residential care facilities, residential camps, day camps, public	28090
schools, chartered nonpublic schools, educational service centers,	28091
hospitals, and medical clinics that are responsible for the care,	28092
physical custody, or control of children.	28093

(30) "Out-of-home care child abuse" means any of the	28094
following when committed by a person responsible for the care of a	28095
child in out-of-home care:	28096

(a) Engaging in sexual activity with a child in the person's	28097
care;	28098

(b) Denial to a child, as a means of punishment, of proper or	28099
necessary subsistence, education, medical care, or other care	28100
necessary for a child's health;	28101

(c) Use of restraint procedures on a child that cause injury	28102
or pain;	28103

(d) Administration of prescription drugs or psychotropic	28104
medication to the child without the written approval and ongoing	28105
supervision of a licensed physician;	28106

(e) Commission of any act, other than by accidental means,	28107
that results in any injury to or death of the child in out-of-home	28108
care or commission of any act by accidental means that results in	28109
an injury to or death of a child in out-of-home care and that is	28110
at variance with the history given of the injury or death.	28111

(31) "Out-of-home care child neglect" means any of the	28112
following when committed by a person responsible for the care of a	28113
child in out-of-home care:	28114

(a) Failure to provide reasonable supervision according to	28115
the standards of care appropriate to the age, mental and physical	28116
condition, or other special needs of the child;	28117

(b) Failure to provide reasonable supervision according to	28118
the standards of care appropriate to the age, mental and physical	28119
condition, or other special needs of the child, that results in	28120
sexual or physical abuse of the child by any person;	28121

28122

(i) Administration of prescription drugs or psychotropic	28123
drugs for the child;	28124

(ii) Assuring that the instructions of the licensed physician	28125
who prescribed a drug for the child are followed;	28126

(iii) Reporting to the licensed physician who prescribed the	28127
drug all unfavorable or dangerous side effects from the use of the	28128
drug.	28129

(d) Failure to provide proper or necessary subsistence,	28130
education, medical care, or other individualized care necessary	28131
for the health or well-being of the child;	28132

(e) Confinement of the child to a locked room without	28133
monitoring by staff;	28134

(f) Failure to provide ongoing security for all prescription	28135
and nonprescription medication;	28136

(g) Isolation of a child for a period of time when there is	28137
substantial risk that the isolation, if continued, will impair or	28138
retard the mental health or physical well-being of the child.	28139

(32) "Permanent custody" means a legal status that vests in a	28140
public children services agency or a private child placing agency,	28141
all parental rights, duties, and obligations, including the right	28142
to consent to adoption, and divests the natural parents or	28143
adoptive parents of all parental rights, privileges, and	28144
obligations, including all residual rights and obligations.	28145

(33) "Permanent surrender" means the act of the parents or,	28146
if a child has only one parent, of the parent of a child, by a	28147
voluntary agreement authorized by section 5103.15 of the Revised	28148
Code, to transfer the permanent custody of the child to a public	28149
children services agency or a private child placing agency.	28150

(34) "Person" means an individual, association, corporation,	28151
or partnership and the state or any of its political subdivisions,	28152
departments, or agencies.	28153

(35) "Person responsible for a child's care in out-of-home	28154
care" means any of the following:	28155

(a) Any foster caregiver, in-home aide, or provider;

28156

(b) Any administrator, employee, or agent of any of the	28157
following: a public or private detention facility; shelter	28158
facility; certified children's crisis care facility; organization;	28159
certified organization; child day-care center; type A family	28160
day-care home; certified type B family day-care home; group home;	28161
institution; state institution; residential facility; residential	28162
care facility; residential camp; day camp; school district;	28163
community school; chartered nonpublic school; educational service	28164
center; hospital; or medical clinic;	28165

(c) Any person who supervises or coaches children as part of	28166
an extracurricular activity sponsored by a school district, public	28167
school, or chartered nonpublic school;	28168

(d) Any other person who performs a similar function with	28169
respect to, or has a similar relationship to, children.	28170

(36) "Physically impaired" means having one or more of the	28171
following conditions that substantially limit one or more of an	28172
individual's major life activities, including self-care, receptive	28173
and expressive language, learning, mobility, and self-direction:	28174

(a) A substantial impairment of vision, speech, or hearing;

28175

(b) A congenital orthopedic impairment;

28176

(c) An orthopedic impairment caused by disease, rheumatic	28177
fever or any other similar chronic or acute health problem, or	28178
amputation or another similar cause.	28179

(37) "Placement for adoption" means the arrangement by a	28180
public children services agency or a private child placing agency	28181
with a person for the care and adoption by that person of a child	28182
of whom the agency has permanent custody.	28183

(38) "Placement in foster care" means the arrangement by a	28184
public children services agency or a private child placing agency	28185
for the out-of-home care of a child of whom the agency has	28186
temporary custody or permanent custody.	28187

(39) "Planned permanent living arrangement" means an order of	28188
a juvenile court pursuant to which both of the following apply:	28189

(a) The court gives legal custody of a child to a public	28190
children services agency or a private child placing agency without	28191
the termination of parental rights.	28192

(b) The order permits the agency to make an appropriate	28193
placement of the child and to enter into a written agreement with	28194
a foster care provider or with another person or agency with whom	28195
the child is placed.	28196

(40) "Practice of social work" and "practice of professional	28197
counseling" have the same meanings as in section 4757.01 of the	28198
Revised Code.	28199

(41) "Sanction, service, or condition" means a sanction,	28200
service, or condition created by court order following an	28201
adjudication that a child is an unruly child that is described in	28202
division (A)(4) of section 2152.19 of the Revised Code.	28203

(42) "Protective supervision" means an order of disposition	28204
pursuant to which the court permits an abused, neglected,	28205
dependent, or unruly child to remain in the custody of the child's	28206
parents, guardian, or custodian and stay in the child's home,	28207
subject to any conditions and limitations upon the child, the	28208
child's parents, guardian, or custodian, or any other person that	28209
the court prescribes, including supervision as directed by the	28210
court for the protection of the child.	28211

(43) "Psychiatrist" has the same meaning as in section	28212
5122.01 of the Revised Code.	28213

(44) "Psychologist" has the same meaning as in section	28214
4732.01 of the Revised Code.	28215

(45) "Residential camp" means a program in which the care,	28216
physical custody, or control of children is accepted overnight for	28217
recreational or recreational and educational purposes.	28218

(46) "Residential care facility" means an institution,	28219
residence, or facility that is licensed by the department of	28220
~~mental health~~mental health and addiction services under section	28221
~~5119.22~~5119.34 of the Revised Code and that provides care for a	28222
child.	28223

(47) "Residential facility" means a home or facility that is	28224
licensed by the department of developmental disabilities under	28225
section 5123.19 of the Revised Code and in which a child with a	28226
developmental disability resides.	28227

(48) "Residual parental rights, privileges, and	28228
responsibilities" means those rights, privileges, and	28229
responsibilities remaining with the natural parent after the	28230
transfer of legal custody of the child, including, but not	28231
necessarily limited to, the privilege of reasonable visitation,	28232
consent to adoption, the privilege to determine the child's	28233
religious affiliation, and the responsibility for support.	28234

(49) "School day" means the school day established by the	28235
state board of education pursuant to section 3313.48 of the	28236
Revised Code.	28237

(50) "School month" and "school year" have the same meanings	28238
as in section 3313.62 of the Revised Code.	28239

(51) "Secure correctional facility" means a facility under	28240
the direction of the department of youth services that is designed	28241
to physically restrict the movement and activities of children and	28242
used for the placement of children after adjudication and	28243
disposition.	28244

(52) "Sexual activity" has the same meaning as in section	28245
2907.01 of the Revised Code.	28246

(53) "Shelter" means the temporary care of children in	28247
physically unrestricted facilities pending court adjudication or	28248
disposition.	28249

(54) "Shelter for victims of domestic violence" has the same	28250
meaning as in section 3113.33 of the Revised Code.	28251

(55) "Temporary custody" means legal custody of a child who	28252
is removed from the child's home, which custody may be terminated	28253
at any time at the discretion of the court or, if the legal	28254
custody is granted in an agreement for temporary custody, by the	28255
person who executed the agreement.	28256

(56) "Traditional response" means a public children services	28257
agency's response to a report of child abuse or neglect that	28258
encourages engagement of the family in a comprehensive evaluation	28259
of the child's current and future safety needs and a fact-finding	28260
process to determine whether child abuse or neglect occurred and	28261
the circumstances surrounding the alleged harm or risk of harm.	28262

(C) For the purposes of this chapter, a child shall be	28263
presumed abandoned when the parents of the child have failed to	28264
visit or maintain contact with the child for more than ninety	28265
days, regardless of whether the parents resume contact with the	28266
child after that period of ninety days.	28267

Sec. 2151.3514. (A) As used in this section:

28268

(1) "~~Alcohol and drug~~Community addiction ~~program~~services	28269
provider" has the same meaning as in section ~~3793.01~~5119.01 of	28270
the Revised Code;	28271

(2) "Chemical dependency" means either of the following:

28272

(a) The chronic and habitual use of alcoholic beverages to	28273
the extent that the user no longer can control the use of alcohol	28274
or endangers the user's health, safety, or welfare or that of	28275
others;	28276

(b) The use of a drug of abuse to the extent that the user	28277
becomes physically or psychologically dependent on the drug or	28278
endangers the user's health, safety, or welfare or that of others.	28279

(3) "Drug of abuse" has the same meaning as in section	28280
3719.011 of the Revised Code.	28281

~~(4) "Medicaid" means the program established under Chapter~~	28282
~~5111. of the Revised Code.~~	28283

(B) If the juvenile court issues an order of temporary	28284
custody or protective supervision under division (A) of section	28285
2151.353 of the Revised Code with respect to a child adjudicated	28286
to be an abused, neglected, or dependent child and the alcohol or	28287
other drug addiction of a parent or other caregiver of the child	28288
was the basis for the adjudication of abuse, neglect, or	28289
dependency, the court shall issue an order requiring the parent or	28290
other caregiver to submit to an assessment and, if needed,	28291
treatment from ~~an alcohol and drug~~a community addiction ~~program~~	28292
services provider certified by the department of ~~alcohol and drug~~	28293
~~addiction services~~mental health and addiction services. The court	28294
may order the parent or other caregiver to submit to alcohol or	28295
other drug testing during, after, or both during and after, the	28296
treatment. The court shall send any order issued pursuant to this	28297
division to the public children services agency that serves the	28298
county in which the court is located for use as described in	28299
section 340.15 of the Revised Code.	28300

(C) Any order requiring alcohol or other drug testing that is	28301
issued pursuant to division (B) of this section shall require one	28302
alcohol or other drug test to be conducted each month during a	28303
period of twelve consecutive months beginning the month	28304
immediately following the month in which the order for alcohol or	28305
other drug testing is issued. Arrangements for administering the	28306
alcohol or other drug tests, as well as funding the costs of the	28307
tests, shall be locally determined in accordance with sections	28308
~~340.033~~340.03 and 340.15 of the Revised Code. If a parent or	28309
other caregiver required to submit to alcohol or other drug tests	28310
under this section is not a recipient of medicaid, the agency that	28311
refers the parent or caregiver for the tests may require the	28312
parent or caregiver to reimburse the agency for the cost of	28313
conducting the tests.	28314

(D) The certified ~~alcohol and drug~~community addiction	28315
~~program~~services provider that conducts any alcohol or other drug	28316
tests ordered in accordance with divisions (B) and (C) of this	28317
section shall send the results of the tests, along with the	28318
~~program's~~provider's recommendations as to the benefits of	28319
continued treatment, to the court and to the public children	28320
services agency providing services to the involved family,	28321
according to federal regulations set forth in 42 C.F.R. Part 2,	28322
and division (B) of section 340.15 of the Revised Code. The court	28323
shall consider the results and the recommendations sent to it	28324
under this division in any adjudication or review by the court,	28325
according to section 2151.353, 2151.414, or 2151.419 of the	28326
Revised Code.	28327

Sec. 2151.362. (A)(1) In the manner prescribed by division	28328
(C)(1) or (2) of section 3313.64 of the Revised Code, as	28329
applicable, the court, at the time of making any order that	28330
removes a child from the child's own home or that vests legal or	28331
permanent custody of the child in a person other than the child's	28332
parent or a government agency, shall determine the school district	28333
that is to bear the cost of educating the child. The court shall	28334
make the determination a part of the order that provides for the	28335
child's placement or commitment. That school district shall bear	28336
the cost of educating the child unless and until the department of	28337
education determines that a different district shall be	28338
responsible for bearing that cost pursuant to division (A)(2) of	28339
this section. The court's order shall state that the determination	28340
of which school district is responsible to bear the cost of	28341
educating the child is subject to re-determination by the	28342
department pursuant to that division.	28343

(2) If, while the child is in the custody of a person other	28344
than the child's parent or a government agency, the department of	28345
education determines that the place of residence of the child's	28346
parent has changed since the court issued its initial order, the	28347
department may name a different school district to bear the cost	28348
of educating the child. The department shall make this new	28349
determination, and any future determinations, based on evidence	28350
received from the school district currently responsible to bear	28351
the cost of educating the child. If the department finds that the	28352
evidence demonstrates to its satisfaction that the residence of	28353
the child's parent has changed since the court issued its initial	28354
order under division (A)(1) of this section, or since the	28355
department last made a determination under division (A)(2) of this	28356
section, the department shall name the district in which the	28357
child's parent currently resides or, if the parent's residence is	28358
not known, the district in which the parent's last known residence	28359
is located. If the department cannot determine any Ohio district	28360
in which the parent currently resides or has resided, the school	28361
district designated in the initial court order under division	28362
(A)(1) of this section, or in the most recent determination made	28363
by the department under division (A)(2) of this section, shall	28364
continue to bear the cost of educating the child.	28365

(B) Whenever a child is placed in a detention facility	28366
established under section 2152.41 of the Revised Code or a	28367
juvenile facility established under section 2151.65 of the Revised	28368
Code, the facility shall be responsible for coordinating the	28369
education of the child. The facility may take any of the following	28370
measures in coordinating the education of the child:	28371

(1) If applicable, use the chartered nonpublic school that	28372
the facility operates;	28373

(2) Arrange with the school district responsible for bearing	28374
the cost of educating the child determined under division (A) of	28375
this section, for the facility to educate the child on its own;	28376

(3) Contract with an educational service center for the	28377
service center to educate the child;	28378

(4) Contract with the school district in which the facility	28379
is located for that school district to educate the child;	28380

(5) If the child is enrolled in an internet- or	28381
computer-based community school established under Chapter 3314. of	28382
the Revised Code, and provided that the facility possesses the	28383
necessary hardware, software, and internet connectivity, permit	28384
continued instruction of the child by the internet- or	28385
computer-based community school.	28386

If the facility coordinates the education of the child	28387
pursuant to division (B)(1), (2), (3), or (4) of this section,	28388
child's school district as determined by the court or the	28389
department, in the same manner as prescribed in division (A) of	28390
this section, shall pay the cost of educating the child based on	28391
the per capita cost of the educational facility within the	28392
detention home or juvenile facility.	28393

If the facility coordinates the education of the child	28394
pursuant to division (B)(5) of this section, payment for the cost	28395
of educating the child shall be made only as provided in division	28396
(C) of section 3314.08 of the Revised Code.	28397

(C) Whenever a child is placed by the court in a private	28398
institution, school, or residential treatment center or any other	28399
private facility, the state shall pay to the court a subsidy to	28400
help defray the expense of educating the child in an amount equal	28401
to the product of the daily per capita educational cost of the	28402
private facility, as determined pursuant to this section, and the	28403
number of days the child resides at the private facility, provided	28404
that the subsidy shall not exceed twenty-five hundred dollars per	28405
year per child. The daily per capita educational cost of a private	28406
facility shall be determined by dividing the actual program cost	28407
of the private facility or twenty-five hundred dollars, whichever	28408
is less, by three hundred sixty-five days or by three hundred	28409
sixty-six days for years that include February twenty-ninth. The	28410
state shall pay seventy-five per cent of the total subsidy for	28411
each year quarterly to the court. The state may adjust the	28412
remaining twenty-five per cent of the total subsidy to be paid to	28413
the court for each year to an amount that is less than twenty-five	28414
per cent of the total subsidy for that year based upon the	28415
availability of funds appropriated to the department of education	28416
for the purpose of subsidizing courts that place a child in a	28417
private institution, school, or residential treatment center or	28418
any other private facility and shall pay that adjusted amount to	28419
the court at the end of the year.	28420

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	28421
entity that appoints or employs any person responsible for a	28422
child's care in out-of-home care shall request the superintendent	28423
of BCII to conduct a criminal records check with respect to any	28424
person who is under final consideration for appointment or	28425
employment as a person responsible for a child's care in	28426
out-of-home care, except that section 3319.39 of the Revised Code	28427
shall apply instead of this section if the out-of-home care entity	28428
is a public school, educational service center, or chartered	28429
nonpublic school.	28430

(2) At the times specified in this division, the	28431
administrative director of an agency, or attorney, who arranges an	28432
adoption for a prospective adoptive parent shall request the	28433
superintendent of BCII to conduct a criminal records check with	28434
respect to that prospective adoptive parent and a criminal records	28435
check with respect to all persons eighteen years of age or older	28436
who reside with the prospective adoptive parent. The	28437
administrative director or attorney shall request a criminal	28438
records check pursuant to this division at the time of the initial	28439
home study, every four years after the initial home study at the	28440
time of an update, and at the time that an adoptive home study is	28441
completed as a new home study.	28442

(3) Before a recommending agency submits a recommendation to	28443
the department of job and family services on whether the	28444
department should issue a certificate to a foster home under	28445
section 5103.03 of the Revised Code, and every four years	28446
thereafter prior to a recertification under that section, the	28447
administrative director of the agency shall request that the	28448
superintendent of BCII conduct a criminal records check with	28449
respect to the prospective foster caregiver and a criminal records	28450
check with respect to all other persons eighteen years of age or	28451
older who reside with the foster caregiver.	28452

(B)(1) If a person subject to a criminal records check under	28453
division (A)(1) of this section does not present proof that the	28454
person has been a resident of this state for the five-year period	28455
immediately prior to the date upon which the criminal records	28456
check is requested or does not provide evidence that within that	28457
five-year period the superintendent of BCII has requested	28458
information about the person from the federal bureau of	28459
investigation in a criminal records check, the appointing or	28460
hiring officer shall request that the superintendent of BCII	28461
obtain information from the federal bureau of investigation as a	28462
part of the criminal records check, including fingerprint-based	28463
checks of national crime information databases as described in 42	28464
U.S.C. 671. If a person subject to a criminal records check under	28465
division (A)(1) of this section presents proof that the person has	28466
been a resident of this state for that five-year period, the	28467
appointing or hiring officer or attorney may request that the	28468
superintendent of BCII include information from the federal bureau	28469
of investigation in the criminal records check, including	28470
fingerprint-based checks of national crime information databases	28471
as described in 42 U.S.C. 671.	28472

When the administrative director of an agency, or attorney,	28473
who arranges an adoption for a prospective parent requests, at the	28474
time of the initial home study, a criminal records check for a	28475
person pursuant to division (A)(2) of this section, the	28476
administrative director or attorney shall request that the	28477
superintendent of BCII obtain information from the federal bureau	28478
of investigation as part of the criminal records check, including	28479
fingerprint-based checks of national crime information databases	28480
as described in 42 U.S.C. 671, for the person subject to the	28481
criminal records check. In all other cases in which the	28482
administrative director of an agency, or attorney, who arranges an	28483
adoption for a prospective parent requests a criminal records	28484
check for a person pursuant to division (A)(2) of this section,	28485
the administrative director or attorney may request that the	28486
superintendent of BCII include information from the federal bureau	28487
of investigation in the criminal records check, including	28488
fingerprint-based checks of national crime information databases	28489
as described in 42 U.S.C. 671.	28490

When the administrative director of a recommending agency	28491
requests, before submitting a recommendation to the department of	28492
job and family services on whether the department should issue a	28493
certificate to a foster home under section 5103.03 of the Revised	28494
Code, a criminal records check for a person pursuant to division	28495
(A)(3) of this section, the administrative director shall request	28496
that the superintendent of BCII obtain information from the	28497
federal bureau of investigation as part of a criminal records	28498
check, including fingerprint-based checks of national crime	28499
information databases as described in 42 U.S.C. 671, for the	28500
person subject to the criminal records check. In all other cases	28501
in which the administrative director of a recommending agency	28502
requests a criminal records check for a person pursuant to	28503
division (A)(3) of this section, the administrative director may	28504
request that the superintendent of BCII include information from	28505
the federal bureau of investigation in the criminal records check,	28506
including fingerprint-based checks of national crime information	28507
databases as described in 42 U.S.C. 671.	28508

Prior to a hearing on a final decree of adoption or	28509
interlocutory order of adoption by a probate court, the	28510
administrative director of an agency, or an attorney, who arranges	28511
an adoption for a prospective parent shall provide to the clerk of	28512
the probate court either of the following:	28513

(a) Any information received pursuant to a request made under	28514
this division from the superintendent of BCII or the federal	28515
bureau of investigation as part of the criminal records check,	28516
including fingerprint-based checks of national crime information	28517
databases as described in 42 U.S.C. 671, for the person subject to	28518
the criminal records check;	28519

(b) Written notification that the person subject to a	28520
criminal records check pursuant to this division failed upon	28521
request to provide the information necessary to complete the form	28522
or failed to provide impressions of the person's fingerprints as	28523
required under division (B)(2) of this section.	28524

(2) An appointing or hiring officer, administrative director,	28525
or attorney required by division (A) of this section to request a	28526
criminal records check shall provide to each person subject to a	28527
criminal records check a copy of the form prescribed pursuant to	28528
division (C)(1) of section 109.572 of the Revised Code and a	28529
standard impression sheet to obtain fingerprint impressions	28530
prescribed pursuant to division (C)(2) of section 109.572 of the	28531
Revised Code, obtain the completed form and impression sheet from	28532
the person, and forward the completed form and impression sheet to	28533
the superintendent of BCII at the time the criminal records check	28534
is requested.	28535

Any person subject to a criminal records check who receives	28536
pursuant to this division a copy of the form prescribed pursuant	28537
to division (C)(1) of section 109.572 of the Revised Code and a	28538
copy of an impression sheet prescribed pursuant to division (C)(2)	28539
of that section and who is requested to complete the form and	28540
provide a set of fingerprint impressions shall complete the form	28541
or provide all the information necessary to complete the form and	28542
shall provide the impression sheet with the impressions of the	28543
person's fingerprints. If a person subject to a criminal records	28544
check, upon request, fails to provide the information necessary to	28545
complete the form or fails to provide impressions of the person's	28546
fingerprints, the appointing or hiring officer shall not appoint	28547
or employ the person as a person responsible for a child's care in	28548
out-of-home care, a probate court may not issue a final decree of	28549
adoption or an interlocutory order of adoption making the person	28550
an adoptive parent, and the department of job and family services	28551
shall not issue a certificate authorizing the prospective foster	28552
caregiver to operate a foster home.	28553

(C)(1) No appointing or hiring officer shall appoint or	28554
employ a person as a person responsible for a child's care in	28555
out-of-home care, the department of job and family services shall	28556
not issue a certificate under section 5103.03 of the Revised Code	28557
authorizing a prospective foster caregiver to operate a foster	28558
home, and no probate court shall issue a final decree of adoption	28559
or an interlocutory order of adoption making a person an adoptive	28560
parent if the person or, in the case of a prospective foster	28561
caregiver or prospective adoptive parent, any person eighteen	28562
years of age or older who resides with the prospective foster	28563
caregiver or prospective adoptive parent previously has been	28564
convicted of or pleaded guilty to any of the violations described	28565
in division (A)(4) of section 109.572 of the Revised Code, unless	28566
the person meets rehabilitation standards established in rules	28567
adopted under division (F) of this section.	28568

(2) The appointing or hiring officer may appoint or employ a	28569
person as a person responsible for a child's care in out-of-home	28570
care conditionally until the criminal records check required by	28571
this section is completed and the officer receives the results of	28572
the criminal records check. If the results of the criminal records	28573
check indicate that, pursuant to division (C)(1) of this section,	28574
the person subject to the criminal records check does not qualify	28575
for appointment or employment, the officer shall release the	28576
person from appointment or employment.	28577

(3) Prior to certification or recertification under section	28578
5103.03 of the Revised Code, the prospective foster caregiver	28579
subject to a criminal records check under division (A)(3) of this	28580
section shall notify the recommending agency of the revocation of	28581
any foster home license, certificate, or other similar	28582
authorization in another state occurring within the five years	28583
prior to the date of application to become a foster caregiver in	28584
this state. The failure of a prospective foster caregiver to	28585
notify the recommending agency of any revocation of that type in	28586
another state that occurred within that five-year period shall be	28587
grounds for denial of the person's foster home application or the	28588
revocation of the person's foster home certification, whichever is	28589
applicable. If a person has had a revocation in another state	28590
within the five years prior to the date of the application, the	28591
department of job and family services shall not issue a foster	28592
home certificate to the prospective foster caregiver.	28593

(D) The appointing or hiring officer, administrative	28594
director, or attorney shall pay to the bureau of criminal	28595
identification and investigation the fee prescribed pursuant to	28596
division (C)(3) of section 109.572 of the Revised Code for each	28597
criminal records check conducted in accordance with that section	28598
upon a request pursuant to division (A) of this section. The	28599
officer, director, or attorney may charge the person subject to	28600
the criminal records check a fee for the costs the officer,	28601
director, or attorney incurs in obtaining the criminal records	28602
check. A fee charged under this division shall not exceed the	28603
amount of fees the officer, director, or attorney pays for the	28604
criminal records check. If a fee is charged under this division,	28605
the officer, director, or attorney shall notify the person who is	28606
the applicant at the time of the person's initial application for	28607
appointment or employment, an adoption to be arranged, or a	28608
certificate to operate a foster home of the amount of the fee and	28609
that, unless the fee is paid, the person who is the applicant will	28610
not be considered for appointment or employment or as an adoptive	28611
parent or foster caregiver.	28612

(E) The report of any criminal records check conducted by the	28613
bureau of criminal identification and investigation in accordance	28614
with section 109.572 of the Revised Code and pursuant to a request	28615
made under division (A) of this section is not a public record for	28616
the purposes of section 149.43 of the Revised Code and shall not	28617
be made available to any person other than the following:	28618

(1) The person who is the subject of the criminal records	28619
check or the person's representative;	28620

(2) The appointing or hiring officer, administrative	28621
director, or attorney requesting the criminal records check or the	28622
officer's, director's, or attorney's representative;	28623

(3) The department of job and family services, a county	28624
department of job and family services, or a public children	28625
services agency;	28626

(4) Any court, hearing officer, or other necessary individual	28627
involved in a case dealing with the denial of employment, a final	28628
decree of adoption or interlocutory order of adoption, or a foster	28629
home certificate.	28630

(F) The director of job and family services shall adopt rules	28631
in accordance with Chapter 119. of the Revised Code to implement	28632
this section. The rules shall include rehabilitation standards a	28633
person who has been convicted of or pleaded guilty to an offense	28634
listed in division (A)(4) of section 109.572 of the Revised Code	28635
must meet for an appointing or hiring officer to appoint or employ	28636
the person as a person responsible for a child's care in	28637
out-of-home care, a probate court to issue a final decree of	28638
adoption or interlocutory order of adoption making the person an	28639
adoptive parent, or the department to issue a certificate	28640
authorizing the prospective foster caregiver to operate a foster	28641
home or not revoke a foster home certificate for a violation	28642
specified in section 5103.0328 of the Revised Code.	28643

(G) An appointing or hiring officer, administrative director,	28644
or attorney required by division (A) of this section to request a	28645
criminal records check shall inform each person who is the	28646
applicant, at the time of the person's initial application for	28647
appointment or employment, an adoption to be arranged, or a foster	28648
home certificate, that the person subject to the criminal records	28649
check is required to provide a set of impressions of the person's	28650
fingerprints and that a criminal records check is required to be	28651
conducted and satisfactorily completed in accordance with section	28652
109.572 of the Revised Code.	28653

(H) ~~The department of job and family services may waive the~~	28654
~~requirement that a criminal records check based on fingerprints be~~	28655
~~conducted for an adult resident of a prospective adoptive or~~	28656
~~foster home or the home of a foster caregiver if the recommending~~	28657
~~agency documents to the department's satisfaction that the adult~~	28658
~~resident is physically unable to comply with the fingerprinting~~	28659
~~requirement and poses no danger to foster children or adoptive~~	28660
~~children who may be placed in the home. In such cases, the~~	28661
~~recommending or approving agency shall request that the bureau of~~	28662
~~criminal identification and investigation conduct a criminal~~	28663
~~records check using the person's name and social security number.~~	28664

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

28665

(1) "Children's hospital" means any of the following:

28666

(a) A hospital registered under section 3701.07 of the	28667
Revised Code that provides general pediatric medical and surgical	28668
care, and in which at least seventy-five per cent of annual	28669
inpatient discharges for the preceding two calendar years were	28670
individuals less than eighteen years of age;	28671

(b) A distinct portion of a hospital registered under section	28672
3701.07 of the Revised Code that provides general pediatric	28673
medical and surgical care, has a total of at least one hundred	28674
fifty registered pediatric special care and pediatric acute care	28675
beds, and in which at least seventy-five per cent of annual	28676
inpatient discharges for the preceding two calendar years were	28677
individuals less than eighteen years of age;	28678

(c) A distinct portion of a hospital, if the hospital is	28679
registered under section 3701.07 of the Revised Code as a	28680
children's hospital and the children's hospital meets all the	28681
requirements of division ~~(I)~~(H)(1)(a) of this section.	28682

(2) "Criminal records check" has the same meaning as in	28683
section 109.572 of the Revised Code.	28684

(3) "Person responsible for a child's care in out-of-home	28685
care" has the same meaning as in section 2151.011 of the Revised	28686
Code, except that it does not include a prospective employee of	28687
the department of youth services or a person responsible for a	28688
child's care in a hospital or medical clinic other than a	28689
children's hospital.	28690

(4) "Person subject to a criminal records check" means the	28691
following:	28692

(a) A person who is under final consideration for appointment	28693
or employment as a person responsible for a child's care in	28694
out-of-home care;	28695

(b) A prospective adoptive parent;

28696

28697

(d) A person eighteen years old or older who resides with a	28698
prospective foster caregiver or a prospective adoptive parent.	28699

(5) "Recommending agency" means a public children services	28700
agency, private child placing agency, or private noncustodial	28701
agency to which the department of job and family services has	28702
delegated a duty to inspect and approve foster homes.	28703

(6) "Superintendent of BCII" means the superintendent of the	28704
bureau of criminal identification and investigation.	28705

Sec. 2152.54. (A) An evaluation of a child who does not	28706
appear to the court to be a person who is at least moderately	28707
intellectually disabled shall be made by an evaluator who is one	28708
of the following:	28709

(1) A professional employed by a psychiatric facility or	28710
center certified by the department of ~~mental health~~mental health	28711
and addiction services to provide forensic services and appointed	28712
by the director of the facility or center to conduct the	28713
evaluation;	28714

(2) A psychiatrist or a licensed clinical psychologist who	28715
satisfies the criteria of division (I)(1) of section 5122.01 of	28716
the Revised Code and has specialized education, training, or	28717
experience in forensic evaluations of children or adolescents.	28718

(B) An evaluation of a child who appears to the court to be a	28719
person who is at least moderately intellectually disabled shall be	28720
made by a psychiatrist or licensed clinical psychologist who	28721
satisfies the criteria of division (I)(1) of section 5122.01 of	28722
the Revised Code and has specialized education, training, or	28723
experience in forensic evaluations of children or adolescents who	28724
have intellectual disability.	28725

(C) If an evaluation is conducted by an evaluator of the type	28726
described in division (A)(1) or (2) of this section and the	28727
evaluator concludes that the child is a person who is at least	28728
moderately intellectually disabled, the evaluator shall	28729
discontinue the evaluation and notify the court within one	28730
business day after reaching the conclusion. Within two business	28731
days after receiving notification, the court shall order the child	28732
to undergo an evaluation by an evaluator of the type described in	28733
division (B) of this section. Within two business days after the	28734
appointment of the new evaluator, the original evaluator shall	28735
deliver to the new evaluator all information relating to the child	28736
obtained during the original evaluation.	28737

Sec. 2152.59. (A) If after a hearing held pursuant to	28738
section 2152.58 of the Revised Code the court determines that a	28739
child is competent, the court shall proceed with the delinquent	28740
child's proceeding as provided by law. No statement that a child	28741
makes during an evaluation or hearing conducted under sections	28742
2152.51 through 2152.59 of the Revised Code shall be used against	28743
the child on the issue of responsibility or guilt in any child or	28744
adult proceeding.	28745

(B) If after a hearing held pursuant to section 2152.58 of	28746
the Revised Code the court determines that the child is not	28747
competent and cannot attain competency within the period of time	28748
applicable under division (D)(2) of this section, the court shall	28749
dismiss the charges without prejudice, except that the court may	28750
delay dismissal for up to ninety calendar days and do either of	28751
the following:	28752

(1) Refer the matter to a public children services agency and	28753
request that agency determine whether to file an action in	28754
accordance with section 2151.27 of the Revised Code alleging that	28755
the child is a dependent, neglected, or abused child;	28756

(2) Assign court staff to refer the child or the child's	28757
family to the local family and children first council or an agency	28758
funded by the department of ~~mental health~~mental health and	28759
addiction services or department of developmental disabilities or	28760
otherwise secure services to reduce the potential that the child	28761
would engage in behavior that could result in delinquent child or	28762
other criminal charges.	28763

(C) If after a hearing held pursuant to section 2152.58 of	28764
the Revised Code the court determines that a child is not	28765
competent but could likely attain competency by participating in	28766
services specifically designed to help the child develop	28767
competency, the court may order the child to participate in	28768
services specifically designed to help the child develop	28769
competency at county expense. The court shall name a reliable	28770
provider to deliver the competency attainment services and shall	28771
order the child's parent, guardian, or custodian to contact that	28772
provider by a specified date to arrange for services.	28773

(D) The competency attainment services provided to a child	28774
shall be based on a competency attainment plan described in	28775
division (E)(2) of this section and approved by the court.	28776
Services are subject to the following conditions and time periods	28777
measured from the date the court approves the plan:	28778

(1) Services shall be provided in the least restrictive	28779
setting that is consistent with the child's ability to attain	28780
competency and the safety of both the child and the community. If	28781
the child has been released on temporary or interim orders and	28782
refuses or fails to cooperate with the service provider, the court	28783
may reassess the orders and amend them to require a more	28784
appropriate setting.	28785

(2) No child shall be required to participate in competency	28786
attainment services for longer than is required for the child to	28787
attain competency. The following maximum periods of participation	28788
apply:	28789

(a) If a child is ordered to participate in competency	28790
attainment services that are provided outside of a residential	28791
setting, the child shall not participate in those services for a	28792
period exceeding three months if the child is charged with an act	28793
that would be a misdemeanor if committed by an adult, six months	28794
if the child is charged with an act that would be a felony of the	28795
third, fourth, or fifth degree if committed by an adult, or one	28796
year if the child is charged with an act that would be a felony of	28797
the first or second degree, aggravated murder, or murder if	28798
committed by an adult.	28799

(b) If a child is ordered to receive competency attainment	28800
services that are provided in a residential setting that is	28801
operated solely or in part for the purpose of providing competency	28802
attainment services, the child shall not participate in those	28803
services for a period exceeding forty-five calendar days if the	28804
child is charged with an act that would be a misdemeanor if	28805
committed by an adult, three months if the child is charged with	28806
an act that would be a felony of the third, fourth, or fifth	28807
degree if committed by an adult, six months if the child is	28808
charged with an act that would be a felony of the first or second	28809
degree if committed by an adult, or one year if the child is	28810
charged with an act that would be aggravated murder or murder if	28811
committed by an adult.	28812

(c) If a child is ordered into a residential, detention, or	28813
other secured setting for reasons other than to participate in	28814
competency attainment services and is also ordered to participate	28815
in competency attainment services concurrently, the child shall	28816
participate in the competency attainment services for not longer	28817
than the relevant period set forth in division (D)(2)(a) of this	28818
section.	28819

(d) If a child is ordered to participate in competency	28820
attainment services that require the child to live for some but	28821
not all of the duration of the services in a residential setting	28822
that is operated solely or in part for the purpose of providing	28823
competency attainment services, the child shall participate in the	28824
competency attainment services for not longer than the relevant	28825
period set forth in division (D)(2)(b) of this section. For the	28826
purpose of calculating a time period under division (D)(2)(d) of	28827
this section, two days of participation in a nonresidential	28828
setting shall equal one day of participation in a residential	28829
setting.	28830

(3) A child who receives competency attainment services in a	28831
residential setting that is operated solely or partly for the	28832
purpose of providing competency attainment services is in	28833
detention for purposes of section 2921.34 and division (B) of	28834
section 2152.18 of the Revised Code during the time that the child	28835
resides in the residential setting.	28836

(E)(1) Within ten business days after the court names the	28837
provider responsible for the child's competency attainment	28838
services under division (D) of this section, the court shall	28839
deliver to that provider a copy of each competency assessment	28840
report it has received for review. The provider shall return the	28841
copies of the reports to the court upon the termination of the	28842
services.	28843

(2) Not later than thirty calendar days after the child	28844
contacts the competency attainment services provider under	28845
division (C) of this section, the provider shall submit to the	28846
court a plan for the child to attain competency. The court shall	28847
provide copies of the plan to the prosecuting attorney, the	28848
child's attorney, the child's guardian ad litem, if any, and the	28849
child's parents, guardian, or custodian.	28850

(F) The provider that provides the child's competency	28851
attainment services pursuant to the competency attainment plan	28852
shall submit reports to the court on the following schedule:	28853

(1) A report on the child's progress every thirty calendar	28854
days and on the termination of services. The report shall not	28855
include any details of the alleged offense as reported by the	28856
child.	28857

(2) If the provider determines that the child is not	28858
cooperating to a degree that would allow the services to be	28859
effective to help the child attain competency, a report informing	28860
the court of the determination within three business days after	28861
making the determination;	28862

(3) If the provider determines that the current setting is no	28863
longer the least restrictive setting that is consistent with the	28864
child's ability to attain competency and the safety of both the	28865
child and the community, a report informing the court of the	28866
determination within three business days after making the	28867
determination;	28868

(4) If the provider determines that the child has achieved	28869
the goals of the plan and would be able to understand the nature	28870
and objectives of the proceeding against the child and to assist	28871
in the child's defense, with or without reasonable accommodations	28872
to meet the criteria set forth in division (B) of section 2152.56	28873
of the Revised Code, a report informing the court of that	28874
determination within three business days after making the	28875
determination. If the provider believes that accommodations would	28876
be necessary or desirable, the report shall include	28877
recommendations for accommodations.	28878

(5) If the provider determines that the child will not	28879
achieve the goals of the plan within the applicable period of time	28880
under division (D)(2) of this section, a report informing the	28881
court of the determination within three business days after making	28882
the determination. The report shall include recommendations for	28883
services for the child that would support the safety of the child	28884
or the community.	28885

(G) The court shall provide copies of any report made under	28886
division (F) of this section to the prosecuting attorney, the	28887
child's attorney, and the child's guardian ad litem, if any. The	28888
court shall provide copies of any report made under division (F)	28889
of this section to the child's parents, guardian, or custodian	28890
unless the court finds that doing so is not in the best interest	28891
of the child.	28892

(H)(1) Within fifteen business days after receiving a report	28893
under division (F) of this section, the court may hold a hearing	28894
to determine if a new order is necessary. To assist in making a	28895
determination under division (H) of this section, the court may	28896
order a new competency evaluation in accordance with section	28897
2152.53 of the Revised Code. Until a new order is issued or the	28898
required period of participation expires, the child shall continue	28899
to participate in competency attainment services.	28900

(2) If after a hearing held under division (H)(1) of this	28901
section the court determines that the child is not making progress	28902
toward competency or is so uncooperative that attainment services	28903
cannot be effective, the court may order a change in setting or	28904
services that would help the child attain competency within the	28905
relevant period of time under division (D)(2) of this section.	28906

(3) If after a hearing held under division (H)(1) of this	28907
section the court determines that the child has not or will not	28908
attain competency within the relevant period of time under	28909
division (D)(2) of this section, the court shall dismiss the	28910
delinquency complaint without prejudice, except that the court may	28911
delay dismissal for up to ninety calendar days and do either of	28912
the following:	28913

(a) Refer the matter to a public children services agency and	28914
request that agency determine whether to file an action in	28915
accordance with section 2151.27 of the Revised Code alleging that	28916
the child is a dependent, neglected, or abused child;	28917

(b) Assign court staff to refer the child or the child's	28918
family to the local family and children first council or an agency	28919
funded by the department of ~~mental health~~mental health and	28920
addiction services or department of developmental disabilities or	28921
otherwise secure services to reduce the potential that the child	28922
would engage in behavior that could result in delinquency or other	28923
criminal charges.	28924

(4) A dismissal under division (H)(3) of this section does	28925
not preclude a future delinquent child proceeding or criminal	28926
prosecution as provided under section 2151.23 of the Revised Code	28927
if the child eventually attains competency.	28928

(5) If after a hearing held under division (H)(1) of this	28929
section the court determines that the child has attained	28930
competency, the court shall proceed with the delinquent child's	28931
proceeding in accordance with division (A) of this section.	28932

(6) A dismissal under this section does not bar a civil	28933
action based on the acts or omissions that formed the basis of the	28934
complaint.	28935

Sec. 2301.02. The number of judges of the court of common	28936
pleas for each county, the time for the next election of the	28937
judges in the several counties, and the beginning of their terms	28938
shall be as follows:	28939

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	28940
elected in 1956, term to begin February 9, 1957;	28941

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	28942
Ottawa, and Union counties, one judge, to be elected in 1954, term	28943
to begin February 9, 1955;	28944

In Auglaize county, one judge, to be elected in 1956, term to	28945
begin January 9, 1957;	28946

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	28947
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	28948
Wyandot counties, one judge, to be elected in 1956, term to begin	28949
January 1, 1957;	28950

In Morrow county, two judges, one to be elected in 1956, term	28951
to begin January 1, 1957, and one to be elected in 2006, term to	28952
begin January 1, 2007;	28953

In Logan county, two judges, one to be elected in 1956, term	28954
to begin January 1, 1957, and one to be elected in 2004, term to	28955
begin January 2, 2005;	28956

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	28957
Shelby, Van Wert, and Williams counties, one judge, to be elected	28958
in 1952, term to begin January 1, 1953;	28959

In Champaign county, two judges, one to be elected in 1952,	28960
term to begin January 1, 1953, and one to be elected in 2008, term	28961
to begin February 10, 2009.;	28962

In Harrison and Noble counties, one judge, to be elected in	28963
1954, term to begin April 18, 1955;	28964

In Henry county, two judges, one to be elected in 1956, term	28965
to begin May 9, 1957, and one to be elected in 2004, term to begin	28966
January 1, 2005;	28967

In Putnam county, one judge, to be elected in 1956, term to	28968
begin May 9, 1957;	28969

In Huron county, one judge, to be elected in 1952, term to	28970
begin May 14, 1953;	28971

In Perry county, one judge, to be elected in 1954, term to	28972
begin July 6, 1956;	28973

In Sandusky county, two judges, one to be elected in 1954,	28974
term to begin February 10, 1955, and one to be elected in 1978,	28975
term to begin January 1, 1979;.	28976

(B) In Allen county, three judges, one to be elected in 1956,	28977
term to begin February 9, 1957, the second to be elected in 1958,	28978
term to begin January 1, 1959, and the third to be elected in	28979
1992, term to begin January 1, 1993;	28980

In Ashtabula county, three judges, one to be elected in 1954,	28981
term to begin February 9, 1955, one to be elected in 1960, term to	28982
begin January 1, 1961, and one to be elected in 1978, term to	28983
begin January 2, 1979;	28984

In Athens county, two judges, one to be elected in 1954, term	28985
to begin February 9, 1955, and one to be elected in 1990, term to	28986
begin July 1, 1991;	28987

In Erie county, four judges, one to be elected in 1956, term	28988
to begin January 1, 1957, the second to be elected in 1970, term	28989
to begin January 2, 1971, the third to be elected in 2004, term to	28990
begin January 2, 2005, and the fourth to be elected in 2008, term	28991
to begin February 9, 2009;	28992

In Fairfield county, three judges, one to be elected in 1954,	28993
term to begin February 9, 1955, the second to be elected in 1970,	28994
term to begin January 1, 1971, and the third to be elected in	28995
1994, term to begin January 2, 1995;	28996

In Geauga county, two judges, one to be elected in 1956, term	28997
to begin January 1, 1957, and the second to be elected in 1976,	28998
term to begin January 6, 1977;	28999

In Greene county, four judges, one to be elected in 1956,	29000
term to begin February 9, 1957, the second to be elected in 1960,	29001
term to begin January 1, 1961, the third to be elected in 1978,	29002
term to begin January 2, 1979, and the fourth to be elected in	29003
1994, term to begin January 1, 1995;	29004

In Hancock county, two judges, one to be elected in 1952,	29005
term to begin January 1, 1953, and the second to be elected in	29006
1978, term to begin January 1, 1979;	29007

In Lawrence county, two judges, one to be elected in 1954,	29008
term to begin February 9, 1955, and the second to be elected in	29009
1976, term to begin January 1, 1977;	29010

In Marion county, three judges, one to be elected in 1952,	29011
term to begin January 1, 1953, the second to be elected in 1976,	29012
term to begin January 2, 1977, and the third to be elected in	29013
1998, term to begin February 9, 1999;	29014

In Medina county, three judges, one to be elected in 1956,	29015
term to begin January 1, 1957, the second to be elected in 1966,	29016
term to begin January 1, 1967, and the third to be elected in	29017
1994, term to begin January 1, 1995;	29018

In Miami county, two judges, one to be elected in 1954, term	29019
to begin February 9, 1955, and one to be elected in 1970, term to	29020
begin on January 1, 1971;	29021

In Muskingum county, three judges, one to be elected in 1968,	29022
term to begin August 9, 1969, one to be elected in 1978, term to	29023
begin January 1, 1979, and one to be elected in 2002, term to	29024
begin January 2, 2003;	29025

In Portage county, three judges, one to be elected in 1956,	29026
term to begin January 1, 1957, the second to be elected in 1960,	29027
term to begin January 1, 1961, and the third to be elected in	29028
1986, term to begin January 2, 1987;	29029

In Ross county, two judges, one to be elected in 1956, term	29030
to begin February 9, 1957, and the second to be elected in 1976,	29031
term to begin January 1, 1977;	29032

In Scioto county, three judges, one to be elected in 1954,	29033
term to begin February 10, 1955, the second to be elected in 1960,	29034
term to begin January 1, 1961, and the third to be elected in	29035
1994, term to begin January 2, 1995;	29036

In Seneca county, two judges, one to be elected in 1956, term	29037
to begin January 1, 1957, and the second to be elected in 1986,	29038
term to begin January 2, 1987;	29039

In Warren county, four judges, one to be elected in 1954,	29040
term to begin February 9, 1955, the second to be elected in 1970,	29041
term to begin January 1, 1971, the third to be elected in 1986,	29042
term to begin January 1, 1987, and the fourth to be elected in	29043
2004, term to begin January 2, 2005;	29044

In Washington county, two judges, one to be elected in 1952,	29045
term to begin January 1, 1953, and one to be elected in 1986, term	29046
to begin January 1, 1987;	29047

In Wood county, three judges, one to be elected in 1968, term	29048
beginning January 1, 1969, the second to be elected in 1970, term	29049
to begin January 2, 1971, and the third to be elected in 1990,	29050
term to begin January 1, 1991;	29051

In Belmont and Jefferson counties, two judges, to be elected	29052
in 1954, terms to begin January 1, 1955, and February 9, 1955,	29053
respectively;	29054

In Clark county, four judges, one to be elected in 1952, term	29055
to begin January 1, 1953, the second to be elected in 1956, term	29056
to begin January 2, 1957, the third to be elected in 1986, term to	29057
begin January 3, 1987, and the fourth to be elected in 1994, term	29058
to begin January 2, 1995.;	29059

In Clermont county, five judges, one to be elected in 1956,	29060
term to begin January 1, 1957, the second to be elected in 1964,	29061
term to begin January 1, 1965, the third to be elected in 1982,	29062
term to begin January 2, 1983, the fourth to be elected in 1986,	29063
term to begin January 2, 1987;, and the fifth to be elected in	29064
2006, term to begin January 3, 2007;	29065

In Columbiana county, two judges, one to be elected in 1952,	29066
term to begin January 1, 1953, and the second to be elected in	29067
1956, term to begin January 1, 1957;	29068

In Delaware county, two judges, one to be elected in 1990,	29069
term to begin February 9, 1991, the second to be elected in 1994,	29070
term to begin January 1, 1995;	29071

In Lake county, six judges, one to be elected in 1958, term	29072
to begin January 1, 1959, the second to be elected in 1960, term	29073
to begin January 2, 1961, the third to be elected in 1964, term to	29074
begin January 3, 1965, the fourth and fifth to be elected in 1978,	29075
terms to begin January 4, 1979, and January 5, 1979, respectively,	29076
and the sixth to be elected in 2000, term to begin January 6,	29077
2001;	29078

In Licking county, four judges, one to be elected in 1954,	29079
term to begin February 9, 1955, one to be elected in 1964, term to	29080
begin January 1, 1965, one to be elected in 1990, term to begin	29081
January 1, 1991, and one to be elected in 2004, term to begin	29082
January 1, 2005;	29083

In Lorain county, nine judges, two to be elected in 1952,	29084
terms to begin January 1, 1953, and January 2, 1953, respectively,	29085
one to be elected in 1958, term to begin January 3, 1959, one to	29086
be elected in 1968, term to begin January 1, 1969, two to be	29087
elected in 1988, terms to begin January 4, 1989, and January 5,	29088
1989, respectively, two to be elected in 1998, terms to begin	29089
January 2, 1999, and January 3, 1999, respectively; and one to be	29090
elected in 2006, term to begin January 6, 2007;	29091

In Butler county, eleven judges, one to be elected in 1956,	29092
term to begin January 1, 1957; two to be elected in 1954, terms to	29093
begin January 1, 1955, and February 9, 1955, respectively; one to	29094
be elected in 1968, term to begin January 2, 1969; one to be	29095
elected in 1986, term to begin January 3, 1987; two to be elected	29096
in 1988, terms to begin January 1, 1989, and January 2, 1989,	29097
respectively; one to be elected in 1992, term to begin January 4,	29098
1993; two to be elected in 2002, terms to begin January 2, 2003,	29099
and January 3, 2003, respectively; and one to be elected in 2006,	29100
term to begin January 3, 2007;	29101

In Richland county, four judges, one to be elected in 1956,	29102
term to begin January 1, 1957, the second to be elected in 1960,	29103
term to begin February 9, 1961, the third to be elected in 1968,	29104
term to begin January 2, 1969, and the fourth to be elected in	29105
2004, term to begin January 3, 2005;	29106

In Tuscarawas county, two judges, one to be elected in 1956,	29107
term to begin January 1, 1957, and the second to be elected in	29108
1960, term to begin January 2, 1961;	29109

In Wayne county, two judges, one to be elected in 1956, term	29110
beginning January 1, 1957, and one to be elected in 1968, term to	29111
begin January 2, 1969;	29112

In Trumbull county, six judges, one to be elected in 1952,	29113
term to begin January 1, 1953, the second to be elected in 1954,	29114
term to begin January 1, 1955, the third to be elected in 1956,	29115
term to begin January 1, 1957, the fourth to be elected in 1964,	29116
term to begin January 1, 1965, the fifth to be elected in 1976,	29117
term to begin January 2, 1977, and the sixth to be elected in	29118
1994, term to begin January 3, 1995;	29119

(C) In Cuyahoga county, thirty-nine judges; eight to be	29120
elected in 1954, terms to begin on successive days beginning from	29121
January 1, 1955, to January 7, 1955, and February 9, 1955,	29122
respectively; eight to be elected in 1956, terms to begin on	29123
successive days beginning from January 1, 1957, to January 8,	29124
1957; three to be elected in 1952, terms to begin from January 1,	29125
1953, to January 3, 1953; two to be elected in 1960, terms to	29126
begin on January 8, 1961, and January 9, 1961, respectively; two	29127
to be elected in 1964, terms to begin January 4, 1965, and January	29128
5, 1965, respectively; one to be elected in 1966, term to begin on	29129
January 10, 1967; four to be elected in 1968, terms to begin on	29130
successive days beginning from January 9, 1969, to January 12,	29131
1969; two to be elected in 1974, terms to begin on January 18,	29132
1975, and January 19, 1975, respectively; five to be elected in	29133
1976, terms to begin on successive days beginning January 6, 1977,	29134
to January 10, 1977; two to be elected in 1982, terms to begin	29135
January 11, 1983, and January 12, 1983, respectively; and two to	29136
be elected in 1986, terms to begin January 13, 1987, and January	29137
14, 1987, respectively;	29138

In Franklin county, twenty-two judges; two to be elected in	29139
1954, terms to begin January 1, 1955, and February 9, 1955,	29140
respectively; four to be elected in 1956, terms to begin January	29141
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	29142
begin January 1, 1959, to January 4, 1959; three to be elected in	29143
1968, terms to begin January 5, 1969, to January 7, 1969; three to	29144
be elected in 1976, terms to begin on successive days beginning	29145
January 5, 1977, to January 7, 1977; one to be elected in 1982,	29146
term to begin January 8, 1983; one to be elected in 1986, term to	29147
begin January 9, 1987; two to be elected in 1990, terms to begin	29148
July 1, 1991, and July 2, 1991, respectively; one to be elected in	29149
1996, term to begin January 2, 1997; and one to be elected in	29150
2004, term to begin July 1, 2005;	29151

In Hamilton county, twenty-one judges; eight to be elected in	29152
1966, terms to begin January 1, 1967, January 2, 1967, and from	29153
February 9, 1967, to February 14, 1967, respectively; five to be	29154
elected in 1956, terms to begin from January 1, 1957, to January	29155
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	29156
one to be elected in 1974, term to begin January 15, 1975; one to	29157
be elected in 1980, term to begin January 16, 1981; two to be	29158
elected at large in the general election in 1982, terms to begin	29159
April 1, 1983; one to be elected in 1990, term to begin July 1,	29160
1991; and two to be elected in 1996, terms to begin January 3,	29161
1997, and January 4, 1997, respectively;	29162

In Lucas county, fourteen judges; two to be elected in 1954,	29163
terms to begin January 1, 1955, and February 9, 1955,	29164
respectively; two to be elected in 1956, terms to begin January 1,	29165
1957, and October 29, 1957, respectively; two to be elected in	29166
1952, terms to begin January 1, 1953, and January 2, 1953,	29167
respectively; one to be elected in 1964, term to begin January 3,	29168
1965; one to be elected in 1968, term to begin January 4, 1969;	29169
two to be elected in 1976, terms to begin January 4, 1977, and	29170
January 5, 1977, respectively; one to be elected in 1982, term to	29171
begin January 6, 1983; one to be elected in 1988, term to begin	29172
January 7, 1989; one to be elected in 1990, term to begin January	29173
2, 1991; and one to be elected in 1992, term to begin January 2,	29174
1993;	29175

In Mahoning county, seven judges; three to be elected in	29176
1954, terms to begin January 1, 1955, January 2, 1955, and	29177
February 9, 1955, respectively; one to be elected in 1956, term to	29178
begin January 1, 1957; one to be elected in 1952, term to begin	29179
January 1, 1953; one to be elected in 1968, term to begin January	29180
2, 1969; and one to be elected in 1990, term to begin July 1,	29181
1991;	29182

In Montgomery county, fifteen judges; three to be elected in	29183
1954, terms to begin January 1, 1955, January 2, 1955, and January	29184
3, 1955, respectively; four to be elected in 1952, terms to begin	29185
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	29186
respectively; one to be elected in 1964, term to begin January 3,	29187
1965; one to be elected in 1968, term to begin January 3, 1969;	29188
three to be elected in 1976, terms to begin on successive days	29189
beginning January 4, 1977, to January 6, 1977; two to be elected	29190
in 1990, terms to begin July 1, 1991, and July 2, 1991,	29191
respectively; and one to be elected in 1992, term to begin January	29192
1, 1993.;	29193

In Stark county, eight judges; one to be elected in 1958,	29194
term to begin on January 2, 1959; two to be elected in 1954, terms	29195
to begin on January 1, 1955, and February 9, 1955, respectively;	29196
two to be elected in 1952, terms to begin January 1, 1953, and	29197
April 16, 1953, respectively; one to be elected in 1966, term to	29198
begin on January 4, 1967; and two to be elected in 1992, terms to	29199
begin January 1, 1993, and January 2, 1993, respectively;	29200

In Summit county, ~~thirteen~~fourteen judges; four to be	29201
elected in 1954, terms to begin January 1, 1955, January 2, 1955,	29202
January 3, 1955, and February 9, 1955, respectively; three to be	29203
elected in 1958, terms to begin January 1, 1959, January 2, 1959,	29204
and May 17, 1959, respectively; one to be elected in 1966, term to	29205
begin January 4, 1967; one to be elected in 1968, term to begin	29206
January 5, 1969; one to be elected in 1990, term to begin May 1,	29207
1991; one to be elected in 1992, term to begin January 6, 1993;	29208
~~and~~ two to be elected in 2008, terms to begin January 5, 2009, and	29209
January 6, 2009, respectively; and one to be elected in 2014, term	29210
to begin January 1, 2015.	29211

Notwithstanding the foregoing provisions, in any county	29212
having two or more judges of the court of common pleas, in which	29213
more than one-third of the judges plus one were previously elected	29214
at the same election, if the office of one of those judges so	29215
elected becomes vacant more than fifty-six days prior to the	29216
second general election preceding the expiration of that judge's	29217
term, the office that that judge had filled shall be abolished as	29218
of the date of the next general election, and a new office of	29219
judge of the court of common pleas shall be created. The judge who	29220
is to fill that new office shall be elected for a six-year term at	29221
the next general election, and the term of that judge shall	29222
commence on the first day of the year following that general	29223
election, on which day no other judge's term begins, so that the	29224
number of judges that the county shall elect shall not be reduced.	29225

Judges of the probate division of the court of common pleas	29226
are judges of the court of common pleas but shall be elected	29227
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	29228
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	29229
counties in which the judge of the court of common pleas elected	29230
pursuant to this section also shall serve as judge of the probate	29231
division, except in Lorain county in which the judges of the	29232
domestic relations division of the Lorain county court of common	29233
pleas elected pursuant to this section also shall perform the	29234
duties and functions of the judge of the probate division from	29235
February 9, 2009, through September 28, 2009, and except in Morrow	29236
county in which the judges of the court of common pleas elected	29237
pursuant to this section also shall perform the duties and	29238
functions of the judge of the probate division.	29239

Sec. 2301.03. (A) In Franklin county, the judges of the	29240
court of common pleas whose terms begin on January 1, 1953,	29241
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	29242
1997, and successors, shall have the same qualifications, exercise	29243
the same powers and jurisdiction, and receive the same	29244
compensation as other judges of the court of common pleas of	29245
Franklin county and shall be elected and designated as judges of	29246
the court of common pleas, division of domestic relations. They	29247
shall have all the powers relating to juvenile courts, and all	29248
cases under Chapters 2151. and 2152. of the Revised Code, all	29249
parentage proceedings under Chapter 3111. of the Revised Code over	29250
which the juvenile court has jurisdiction, and all divorce,	29251
dissolution of marriage, legal separation, and annulment cases	29252
shall be assigned to them. In addition to the judge's regular	29253
duties, the judge who is senior in point of service shall serve on	29254
the children services board and the county advisory board and	29255
shall be the administrator of the domestic relations division and	29256
its subdivisions and departments.	29257

(B) In Hamilton county:

29258

(1) The judge of the court of common pleas, whose term begins	29259
on January 1, 1957, and successors, and the judge of the court of	29260
common pleas, whose term begins on February 14, 1967, and	29261
successors, shall be the juvenile judges as provided in Chapters	29262
2151. and 2152. of the Revised Code, with the powers and	29263
jurisdiction conferred by those chapters.	29264

(2) The judges of the court of common pleas whose terms begin	29265
on January 5, 1957, January 16, 1981, and July 1, 1991, and	29266
successors, shall be elected and designated as judges of the court	29267
of common pleas, division of domestic relations, and shall have	29268
assigned to them all divorce, dissolution of marriage, legal	29269
separation, and annulment cases coming before the court. On or	29270
after the first day of July and before the first day of August of	29271
1991 and each year thereafter, a majority of the judges of the	29272
division of domestic relations shall elect one of the judges of	29273
the division as administrative judge of that division. If a	29274
majority of the judges of the division of domestic relations are	29275
unable for any reason to elect an administrative judge for the	29276
division before the first day of August, a majority of the judges	29277
of the Hamilton county court of common pleas, as soon as possible	29278
after that date, shall elect one of the judges of the division of	29279
domestic relations as administrative judge of that division. The	29280
term of the administrative judge shall begin on the earlier of the	29281
first day of August of the year in which the administrative judge	29282
is elected or the date on which the administrative judge is	29283
elected by a majority of the judges of the Hamilton county court	29284
of common pleas and shall terminate on the date on which the	29285
administrative judge's successor is elected in the following year.	29286

In addition to the judge's regular duties, the administrative	29287
judge of the division of domestic relations shall be the	29288
administrator of the domestic relations division and its	29289
subdivisions and departments and shall have charge of the	29290
employment, assignment, and supervision of the personnel of the	29291
division engaged in handling, servicing, or investigating divorce,	29292
dissolution of marriage, legal separation, and annulment cases,	29293
including any referees considered necessary by the judges in the	29294
discharge of their various duties.	29295

The administrative judge of the division of domestic	29296
relations also shall designate the title, compensation, expense	29297
allowances, hours, leaves of absence, and vacations of the	29298
personnel of the division, and shall fix the duties of its	29299
personnel. The duties of the personnel, in addition to those	29300
provided for in other sections of the Revised Code, shall include	29301
the handling, servicing, and investigation of divorce, dissolution	29302
of marriage, legal separation, and annulment cases and counseling	29303
and conciliation services that may be made available to persons	29304
requesting them, whether or not the persons are parties to an	29305
action pending in the division.	29306

The board of county commissioners shall appropriate the sum	29307
of money each year as will meet all the administrative expenses of	29308
the division of domestic relations, including reasonable expenses	29309
of the domestic relations judges and the division counselors and	29310
other employees designated to conduct the handling, servicing, and	29311
investigation of divorce, dissolution of marriage, legal	29312
separation, and annulment cases, conciliation and counseling, and	29313
all matters relating to those cases and counseling, and the	29314
expenses involved in the attendance of division personnel at	29315
domestic relations and welfare conferences designated by the	29316
division, and the further sum each year as will provide for the	29317
adequate operation of the division of domestic relations.	29318

The compensation and expenses of all employees and the salary	29319
and expenses of the judges shall be paid by the county treasurer	29320
from the money appropriated for the operation of the division,	29321
upon the warrant of the county auditor, certified to by the	29322
administrative judge of the division of domestic relations.	29323

The summonses, warrants, citations, subpoenas, and other	29324
writs of the division may issue to a bailiff, constable, or staff	29325
investigator of the division or to the sheriff of any county or	29326
any marshal, constable, or police officer, and the provisions of	29327
law relating to the subpoenaing of witnesses in other cases shall	29328
apply insofar as they are applicable. When a summons, warrant,	29329
citation, subpoena, or other writ is issued to an officer, other	29330
than a bailiff, constable, or staff investigator of the division,	29331
the expense of serving it shall be assessed as a part of the costs	29332
in the case involved.	29333

(3) The judge of the court of common pleas of Hamilton county	29334
whose term begins on January 3, 1997, and the successors to that	29335
judge shall each be elected and designated as the drug court judge	29336
of the court of common pleas of Hamilton county. The drug court	29337
judge may accept or reject any case referred to the drug court	29338
judge under division (B)(3) of this section. After the drug court	29339
judge accepts a referred case, the drug court judge has full	29340
authority over the case, including the authority to conduct	29341
arraignment, accept pleas, enter findings and dispositions,	29342
conduct trials, order treatment, and if treatment is not	29343
successfully completed pronounce and enter sentence.	29344

A judge of the general division of the court of common pleas	29345
of Hamilton county and a judge of the Hamilton county municipal	29346
court may refer to the drug court judge any case, and any	29347
companion cases, the judge determines meet the criteria described	29348
under divisions (B)(3)(a) and (b) of this section. If the drug	29349
court judge accepts referral of a referred case, the case, and any	29350
companion cases, shall be transferred to the drug court judge. A	29351
judge may refer a case meeting the criteria described in divisions	29352
(B)(3)(a) and (b) of this section that involves a violation of a	29353
condition of a community control sanction to the drug court judge,	29354
and, if the drug court judge accepts the referral, the referring	29355
judge and the drug court judge have concurrent jurisdiction over	29356
the case.	29357

A judge of the general division of the court of common pleas	29358
of Hamilton county and a judge of the Hamilton county municipal	29359
court may refer a case to the drug court judge under division	29360
(B)(3) of this section if the judge determines that both of the	29361
following apply:	29362

(a) One of the following applies:

29363

(i) The case involves a drug abuse offense, as defined in	29364
section 2925.01 of the Revised Code, that is a felony of the third	29365
or fourth degree if the offense is committed prior to July 1,	29366
1996, a felony of the third, fourth, or fifth degree if the	29367
offense is committed on or after July 1, 1996, or a misdemeanor.	29368

(ii) The case involves a theft offense, as defined in section	29369
2913.01 of the Revised Code, that is a felony of the third or	29370
fourth degree if the offense is committed prior to July 1, 1996, a	29371
felony of the third, fourth, or fifth degree if the offense is	29372
committed on or after July 1, 1996, or a misdemeanor, and the	29373
defendant is drug or alcohol dependent or in danger of becoming	29374
drug or alcohol dependent and would benefit from treatment.	29375

(b) All of the following apply:

29376

(i) The case involves an offense for which a community	29377
control sanction may be imposed or is a case in which a mandatory	29378
prison term or a mandatory jail term is not required to be	29379
imposed.	29380

(ii) The defendant has no history of violent behavior.

29381

(iii) The defendant has no history of mental illness.

29382

(iv) The defendant's current or past behavior, or both, is	29383
drug or alcohol driven.	29384

(v) The defendant demonstrates a sincere willingness to	29385
participate in a fifteen-month treatment process.	29386

(vi) The defendant has no acute health condition.

29387

(vii) If the defendant is incarcerated, the county prosecutor	29388
approves of the referral.	29389

(4) If the administrative judge of the court of common pleas	29390
of Hamilton county determines that the volume of cases pending	29391
before the drug court judge does not constitute a sufficient	29392
caseload for the drug court judge, the administrative judge, in	29393
accordance with the Rules of Superintendence for Courts of Common	29394
Pleas, shall assign individual cases to the drug court judge from	29395
the general docket of the court. If the assignments so occur, the	29396
administrative judge shall cease the assignments when the	29397
administrative judge determines that the volume of cases pending	29398
before the drug court judge constitutes a sufficient caseload for	29399
the drug court judge.	29400

(5) As used in division (B) of this section, "community	29401
control sanction," "mandatory prison term," and "mandatory jail	29402
term" have the same meanings as in section 2929.01 of the Revised	29403
Code.	29404

(C)(1) In Lorain county:

29405

(a) The judges of the court of common pleas whose terms begin	29406
on January 3, 1959, January 4, 1989, and January 2, 1999, and	29407
successors, and the judge of the court of common pleas whose term	29408
begins on February 9, 2009, shall have the same qualifications,	29409
exercise the same powers and jurisdiction, and receive the same	29410
compensation as the other judges of the court of common pleas of	29411
Lorain county and shall be elected and designated as the judges of	29412
the court of common pleas, division of domestic relations. The	29413
judges of the court of common pleas whose terms begin on January	29414
3, 1959, January 4, 1989, and January 2, 1999, and successors,	29415
shall have all of the powers relating to juvenile courts, and all	29416
cases under Chapters 2151. and 2152. of the Revised Code, all	29417
parentage proceedings over which the juvenile court has	29418
jurisdiction, and all divorce, dissolution of marriage, legal	29419
separation, and annulment cases shall be assigned to them, except	29420
cases that for some special reason are assigned to some other	29421
judge of the court of common pleas. From February 9, 2009, through	29422
September 28, 2009, the judge of the court of common pleas whose	29423
term begins on February 9, 2009, shall have all the powers	29424
relating to juvenile courts, and cases under Chapters 2151. and	29425
2152. of the Revised Code, parentage proceedings over which the	29426
juvenile court has jurisdiction, and divorce, dissolution of	29427
marriage, legal separation, and annulment cases shall be assigned	29428
to that judge, except cases that for some special reason are	29429
assigned to some other judge of the court of common pleas.	29430

(b) From January 1, 2006, through September 28, 2009, the	29431
judges of the court of common pleas, division of domestic	29432
relations, in addition to the powers and jurisdiction set forth in	29433
division (C)(1)(a) of this section, shall have jurisdiction over	29434
matters that are within the jurisdiction of the probate court	29435
under Chapter 2101. and other provisions of the Revised Code.	29436

(c) The judge of the court of common pleas, division of	29437
domestic relations, whose term begins on February 9, 2009, is the	29438
successor to the probate judge who was elected in 2002 for a term	29439
that began on February 9, 2003. After September 28, 2009, the	29440
judge of the court of common pleas, division of domestic	29441
relations, whose term begins on February 9, 2009, shall be the	29442
probate judge.	29443

(2)(a) From February 9, 2009, through September 28, 2009,	29444
with respect to Lorain county, all references in law to the	29445
probate court shall be construed as references to the court of	29446
common pleas, division of domestic relations, and all references	29447
to the probate judge shall be construed as references to the	29448
judges of the court of common pleas, division of domestic	29449
relations.	29450

(b) From February 9, 2009, through September 28, 2009, with	29451
respect to Lorain county, all references in law to the clerk of	29452
the probate court shall be construed as references to the judge	29453
who is serving pursuant to Rule 4 of the Rules of Superintendence	29454
for the Courts of Ohio as the administrative judge of the court of	29455
common pleas, division of domestic relations.	29456

(D) In Lucas county:

29457

(1) The judges of the court of common pleas whose terms begin	29458
on January 1, 1955, and January 3, 1965, and successors, shall	29459
have the same qualifications, exercise the same powers and	29460
jurisdiction, and receive the same compensation as other judges of	29461
the court of common pleas of Lucas county and shall be elected and	29462
designated as judges of the court of common pleas, division of	29463
domestic relations. All divorce, dissolution of marriage, legal	29464
separation, and annulment cases shall be assigned to them.	29465

The judge of the division of domestic relations, senior in	29466
point of service, shall be considered as the presiding judge of	29467
the court of common pleas, division of domestic relations, and	29468
shall be charged exclusively with the assignment and division of	29469
the work of the division and the employment and supervision of all	29470
other personnel of the domestic relations division.	29471

(2) The judges of the court of common pleas whose terms begin	29472
on January 5, 1977, and January 2, 1991, and successors shall have	29473
the same qualifications, exercise the same powers and	29474
jurisdiction, and receive the same compensation as other judges of	29475
the court of common pleas of Lucas county, shall be elected and	29476
designated as judges of the court of common pleas, juvenile	29477
division, and shall be the juvenile judges as provided in Chapters	29478
2151. and 2152. of the Revised Code with the powers and	29479
jurisdictions conferred by those chapters. In addition to the	29480
judge's regular duties, the judge of the court of common pleas,	29481
juvenile division, senior in point of service, shall be the	29482
administrator of the juvenile division and its subdivisions and	29483
departments and shall have charge of the employment, assignment,	29484
and supervision of the personnel of the division engaged in	29485
handling, servicing, or investigating juvenile cases, including	29486
any referees considered necessary by the judges of the division in	29487
the discharge of their various duties.	29488

The judge of the court of common pleas, juvenile division,	29489
senior in point of service, also shall designate the title,	29490
compensation, expense allowance, hours, leaves of absence, and	29491
vacation of the personnel of the division and shall fix the duties	29492
of the personnel of the division. The duties of the personnel, in	29493
addition to other statutory duties include the handling,	29494
servicing, and investigation of juvenile cases and counseling and	29495
conciliation services that may be made available to persons	29496
requesting them, whether or not the persons are parties to an	29497
action pending in the division.	29498

(3) If one of the judges of the court of common pleas,	29499
division of domestic relations, or one of the judges of the	29500
juvenile division is sick, absent, or unable to perform that	29501
judge's judicial duties or the volume of cases pending in that	29502
judge's division necessitates it, the duties shall be performed by	29503
the judges of the other of those divisions.	29504

(E) In Mahoning county:

29505

(1) The judge of the court of common pleas whose term began	29506
on January 1, 1955, and successors, shall have the same	29507
qualifications, exercise the same powers and jurisdiction, and	29508
receive the same compensation as other judges of the court of	29509
common pleas of Mahoning county, shall be elected and designated	29510
as judge of the court of common pleas, division of domestic	29511
relations, and shall be assigned all the divorce, dissolution of	29512
marriage, legal separation, and annulment cases coming before the	29513
court. In addition to the judge's regular duties, the judge of the	29514
court of common pleas, division of domestic relations, shall be	29515
the administrator of the domestic relations division and its	29516
subdivisions and departments and shall have charge of the	29517
employment, assignment, and supervision of the personnel of the	29518
division engaged in handling, servicing, or investigating divorce,	29519
dissolution of marriage, legal separation, and annulment cases,	29520
including any referees considered necessary in the discharge of	29521
the various duties of the judge's office.	29522

The judge also shall designate the title, compensation,	29523
expense allowances, hours, leaves of absence, and vacations of the	29524
personnel of the division and shall fix the duties of the	29525
personnel of the division. The duties of the personnel, in	29526
addition to other statutory duties, include the handling,	29527
servicing, and investigation of divorce, dissolution of marriage,	29528
legal separation, and annulment cases and counseling and	29529
conciliation services that may be made available to persons	29530
requesting them, whether or not the persons are parties to an	29531
action pending in the division.	29532

(2) The judge of the court of common pleas whose term began	29533
on January 2, 1969, and successors, shall have the same	29534
qualifications, exercise the same powers and jurisdiction, and	29535
receive the same compensation as other judges of the court of	29536
common pleas of Mahoning county, shall be elected and designated	29537
as judge of the court of common pleas, juvenile division, and	29538
shall be the juvenile judge as provided in Chapters 2151. and	29539
2152. of the Revised Code, with the powers and jurisdictions	29540
conferred by those chapters. In addition to the judge's regular	29541
duties, the judge of the court of common pleas, juvenile division,	29542
shall be the administrator of the juvenile division and its	29543
subdivisions and departments and shall have charge of the	29544
employment, assignment, and supervision of the personnel of the	29545
division engaged in handling, servicing, or investigating juvenile	29546
cases, including any referees considered necessary by the judge in	29547
the discharge of the judge's various duties.	29548

The judge also shall designate the title, compensation,	29549
expense allowances, hours, leaves of absence, and vacation of the	29550
personnel of the division and shall fix the duties of the	29551
personnel of the division. The duties of the personnel, in	29552
addition to other statutory duties, include the handling,	29553
servicing, and investigation of juvenile cases and counseling and	29554
conciliation services that may be made available to persons	29555
requesting them, whether or not the persons are parties to an	29556
action pending in the division.	29557

(3) If a judge of the court of common pleas, division of	29558
domestic relations or juvenile division, is sick, absent, or	29559
unable to perform that judge's judicial duties, or the volume of	29560
cases pending in that judge's division necessitates it, that	29561
judge's duties shall be performed by another judge of the court of	29562
common pleas.	29563

(F) In Montgomery county:

29564

(1) The judges of the court of common pleas whose terms begin	29565
on January 2, 1953, and January 4, 1977, and successors, shall	29566
have the same qualifications, exercise the same powers and	29567
jurisdiction, and receive the same compensation as other judges of	29568
the court of common pleas of Montgomery county and shall be	29569
elected and designated as judges of the court of common pleas,	29570
division of domestic relations. These judges shall have assigned	29571
to them all divorce, dissolution of marriage, legal separation,	29572
and annulment cases.	29573

The judge of the division of domestic relations, senior in	29574
point of service, shall be charged exclusively with the assignment	29575
and division of the work of the division and shall have charge of	29576
the employment and supervision of the personnel of the division	29577
engaged in handling, servicing, or investigating divorce,	29578
dissolution of marriage, legal separation, and annulment cases,	29579
including any necessary referees, except those employees who may	29580
be appointed by the judge, junior in point of service, under this	29581
section and sections 2301.12 and 2301.18 of the Revised Code. The	29582
judge of the division of domestic relations, senior in point of	29583
service, also shall designate the title, compensation, expense	29584
allowances, hours, leaves of absence, and vacation of the	29585
personnel of the division and shall fix their duties.	29586

(2) The judges of the court of common pleas whose terms begin	29587
on January 1, 1953, and January 1, 1993, and successors, shall	29588
have the same qualifications, exercise the same powers and	29589
jurisdiction, and receive the same compensation as other judges of	29590
the court of common pleas of Montgomery county, shall be elected	29591
and designated as judges of the court of common pleas, juvenile	29592
division, and shall be, and have the powers and jurisdiction of,	29593
the juvenile judge as provided in Chapters 2151. and 2152. of the	29594
Revised Code.	29595

In addition to the judge's regular duties, the judge of the	29596
court of common pleas, juvenile division, senior in point of	29597
service, shall be the administrator of the juvenile division and	29598
its subdivisions and departments and shall have charge of the	29599
employment, assignment, and supervision of the personnel of the	29600
juvenile division, including any necessary referees, who are	29601
engaged in handling, servicing, or investigating juvenile cases.	29602
The judge, senior in point of service, also shall designate the	29603
title, compensation, expense allowances, hours, leaves of absence,	29604
and vacation of the personnel of the division and shall fix their	29605
duties. The duties of the personnel, in addition to other	29606
statutory duties, shall include the handling, servicing, and	29607
investigation of juvenile cases and of any counseling and	29608
conciliation services that are available upon request to persons,	29609
whether or not they are parties to an action pending in the	29610
division.	29611

If one of the judges of the court of common pleas, division	29612
of domestic relations, or one of the judges of the court of common	29613
pleas, juvenile division, is sick, absent, or unable to perform	29614
that judge's duties or the volume of cases pending in that judge's	29615
division necessitates it, the duties of that judge may be	29616
performed by the judge or judges of the other of those divisions.	29617

(G) In Richland county:

29618

(1) The judge of the court of common pleas whose term begins	29619
on January 1, 1957, and successors, shall have the same	29620
qualifications, exercise the same powers and jurisdiction, and	29621
receive the same compensation as the other judges of the court of	29622
common pleas of Richland county and shall be elected and	29623
designated as judge of the court of common pleas, division of	29624
domestic relations. That judge shall be assigned and hear all	29625
divorce, dissolution of marriage, legal separation, and annulment	29626
cases, all domestic violence cases arising under section 3113.31	29627
of the Revised Code, and all post-decree proceedings arising from	29628
any case pertaining to any of those matters. The division of	29629
domestic relations has concurrent jurisdiction with the juvenile	29630
division of the court of common pleas of Richland county to	29631
determine the care, custody, or control of any child not a ward of	29632
another court of this state, and to hear and determine a request	29633
for an order for the support of any child if the request is not	29634
ancillary to an action for divorce, dissolution of marriage,	29635
annulment, or legal separation, a criminal or civil action	29636
involving an allegation of domestic violence, or an action for	29637
support brought under Chapter 3115. of the Revised Code. Except in	29638
cases that are subject to the exclusive original jurisdiction of	29639
the juvenile court, the judge of the division of domestic	29640
relations shall be assigned and hear all cases pertaining to	29641
paternity or parentage, the care, custody, or control of children,	29642
parenting time or visitation, child support, or the allocation of	29643
parental rights and responsibilities for the care of children, all	29644
proceedings arising under Chapter 3111. of the Revised Code, all	29645
proceedings arising under the uniform interstate family support	29646
act contained in Chapter 3115. of the Revised Code, and all	29647
post-decree proceedings arising from any case pertaining to any of	29648
those matters.	29649

In addition to the judge's regular duties, the judge of the	29650
court of common pleas, division of domestic relations, shall be	29651
the administrator of the domestic relations division and its	29652
subdivisions and departments. The judge shall have charge of the	29653
employment, assignment, and supervision of the personnel of the	29654
domestic relations division, including any magistrates the judge	29655
considers necessary for the discharge of the judge's duties. The	29656
judge shall also designate the title, compensation, expense	29657
allowances, hours, leaves of absence, vacation, and other	29658
employment-related matters of the personnel of the division and	29659
shall fix their duties.	29660

(2) The judge of the court of common pleas whose term begins	29661
on January 3, 2005, and successors, shall have the same	29662
qualifications, exercise the same powers and jurisdiction, and	29663
receive the same compensation as other judges of the court of	29664
common pleas of Richland county, shall be elected and designated	29665
as judge of the court of common pleas, juvenile division, and	29666
shall be, and have the powers and jurisdiction of, the juvenile	29667
judge as provided in Chapters 2151. and 2152. of the Revised Code.	29668
Except in cases that are subject to the exclusive original	29669
jurisdiction of the juvenile court, the judge of the juvenile	29670
division shall not have jurisdiction or the power to hear, and	29671
shall not be assigned, any case pertaining to paternity or	29672
parentage, the care, custody, or control of children, parenting	29673
time or visitation, child support, or the allocation of parental	29674
rights and responsibilities for the care of children or any	29675
post-decree proceeding arising from any case pertaining to any of	29676
those matters. The judge of the juvenile division shall not have	29677
jurisdiction or the power to hear, and shall not be assigned, any	29678
proceeding under the uniform interstate family support act	29679
contained in Chapter 3115. of the Revised Code.	29680

In addition to the judge's regular duties, the judge of the	29681
juvenile division shall be the administrator of the juvenile	29682
division and its subdivisions and departments. The judge shall	29683
have charge of the employment, assignment, and supervision of the	29684
personnel of the juvenile division who are engaged in handling,	29685
servicing, or investigating juvenile cases, including any	29686
magistrates whom the judge considers necessary for the discharge	29687
of the judge's various duties.	29688

The judge of the juvenile division also shall designate the	29689
title, compensation, expense allowances, hours, leaves of absence,	29690
and vacation of the personnel of the division and shall fix their	29691
duties. The duties of the personnel, in addition to other	29692
statutory duties, include the handling, servicing, and	29693
investigation of juvenile cases and providing any counseling,	29694
conciliation, and mediation services that the court makes	29695
available to persons, whether or not the persons are parties to an	29696
action pending in the court, who request the services.	29697

(H) In Stark county, the judges of the court of common pleas	29698
whose terms begin on January 1, 1953, January 2, 1959, and January	29699
1, 1993, and successors, shall have the same qualifications,	29700
exercise the same powers and jurisdiction, and receive the same	29701
compensation as other judges of the court of common pleas of Stark	29702
county and shall be elected and designated as judges of the court	29703
of common pleas, division of domestic relations. They shall have	29704
all the powers relating to juvenile courts, and all cases under	29705
Chapters 2151. and 2152. of the Revised Code, all parentage	29706
proceedings over which the juvenile court has jurisdiction, and	29707
all divorce, dissolution of marriage, legal separation, and	29708
annulment cases, except cases that are assigned to some other	29709
judge of the court of common pleas for some special reason, shall	29710
be assigned to the judges.	29711

The judge of the division of domestic relations, second most	29712
senior in point of service, shall have charge of the employment	29713
and supervision of the personnel of the division engaged in	29714
handling, servicing, or investigating divorce, dissolution of	29715
marriage, legal separation, and annulment cases, and necessary	29716
referees required for the judge's respective court.	29717

The judge of the division of domestic relations, senior in	29718
point of service, shall be charged exclusively with the	29719
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	29720
of the Revised Code and with the assignment and division of the	29721
work of the division and the employment and supervision of all	29722
other personnel of the division, including, but not limited to,	29723
that judge's necessary referees, but excepting those employees who	29724
may be appointed by the judge second most senior in point of	29725
service. The senior judge further shall serve in every other	29726
position in which the statutes permit or require a juvenile judge	29727
to serve.	29728

(I) In Summit county:

29729

(1) The judges of the court of common pleas whose terms begin	29730
on January 4, 1967, and January 6, 1993, and successors, shall	29731
have the same qualifications, exercise the same powers and	29732
jurisdiction, and receive the same compensation as other judges of	29733
the court of common pleas of Summit county and shall be elected	29734
and designated as judges of the court of common pleas, division of	29735
domestic relations. The judges of the division of domestic	29736
relations shall have assigned to them and hear all divorce,	29737
dissolution of marriage, legal separation, and annulment cases	29738
that come before the court. Except in cases that are subject to	29739
the exclusive original jurisdiction of the juvenile court, the	29740
judges of the division of domestic relations shall have assigned	29741
to them and hear all cases pertaining to paternity, custody,	29742
visitation, child support, or the allocation of parental rights	29743
and responsibilities for the care of children and all post-decree	29744
proceedings arising from any case pertaining to any of those	29745
matters. The judges of the division of domestic relations shall	29746
have assigned to them and hear all proceedings under the uniform	29747
interstate family support act contained in Chapter 3115. of the	29748
Revised Code.	29749

The judge of the division of domestic relations, senior in	29750
point of service, shall be the administrator of the domestic	29751
relations division and its subdivisions and departments and shall	29752
have charge of the employment, assignment, and supervision of the	29753
personnel of the division, including any necessary referees, who	29754
are engaged in handling, servicing, or investigating divorce,	29755
dissolution of marriage, legal separation, and annulment cases.	29756
That judge also shall designate the title, compensation, expense	29757
allowances, hours, leaves of absence, and vacations of the	29758
personnel of the division and shall fix their duties. The duties	29759
of the personnel, in addition to other statutory duties, shall	29760
include the handling, servicing, and investigation of divorce,	29761
dissolution of marriage, legal separation, and annulment cases and	29762
of any counseling and conciliation services that are available	29763
upon request to all persons, whether or not they are parties to an	29764
action pending in the division.	29765

(2) The ~~judge~~judges of the court of common pleas whose ~~term~~	29766
~~begins~~terms begin on January 1, 1955, and January 1, 2015, and	29767
successors, shall have the same qualifications, exercise the same	29768
powers and jurisdiction, and receive the same compensation as	29769
other judges of the court of common pleas of Summit county, shall	29770
be elected and designated as ~~judge~~judges of the court of common	29771
pleas, juvenile division, and shall be, and have the powers and	29772
jurisdiction of, the juvenile ~~judge~~judges as provided in Chapters	29773
2151. and 2152. of the Revised Code. Except in cases that are	29774
subject to the exclusive original jurisdiction of the juvenile	29775
court, the ~~judge~~judges of the juvenile division shall not have	29776
jurisdiction or the power to hear, and shall not be assigned, any	29777
case pertaining to paternity, custody, visitation, child support,	29778
or the allocation of parental rights and responsibilities for the	29779
care of children or any post-decree proceeding arising from any	29780
case pertaining to any of those matters. The ~~judge~~judges of the	29781
juvenile division shall not have jurisdiction or the power to	29782
hear, and shall not be assigned, any proceeding under the uniform	29783
interstate family support act contained in Chapter 3115. of the	29784
Revised Code.	29785

The juvenile judge, senior in point of service, shall be the	29786
administrator of the juvenile division and its subdivisions and	29787
departments and shall have charge of the employment, assignment,	29788
and supervision of the personnel of the juvenile division,	29789
including any necessary referees, who are engaged in handling,	29790
servicing, or investigating juvenile cases. The judge senior in	29791
point of service also shall designate the title, compensation,	29792
expense allowances, hours, leaves of absence, and vacation of the	29793
personnel of the division and shall fix their duties. The duties	29794
of the personnel, in addition to other statutory duties, shall	29795
include the handling, servicing, and investigation of juvenile	29796
cases and of any counseling and conciliation services that are	29797
available upon request to persons, whether or not they are parties	29798
to an action pending in the division.	29799

(J) In Trumbull county, the judges of the court of common	29800
pleas whose terms begin on January 1, 1953, and January 2, 1977,	29801
and successors, shall have the same qualifications, exercise the	29802
same powers and jurisdiction, and receive the same compensation as	29803
other judges of the court of common pleas of Trumbull county and	29804
shall be elected and designated as judges of the court of common	29805
pleas, division of domestic relations. They shall have all the	29806
powers relating to juvenile courts, and all cases under Chapters	29807
2151. and 2152. of the Revised Code, all parentage proceedings	29808
over which the juvenile court has jurisdiction, and all divorce,	29809
dissolution of marriage, legal separation, and annulment cases	29810
shall be assigned to them, except cases that for some special	29811
reason are assigned to some other judge of the court of common	29812
pleas.	29813

(K) In Butler county:

29814

(1) The judges of the court of common pleas whose terms begin	29815
on January 1, 1957, and January 4, 1993, and successors, shall	29816
have the same qualifications, exercise the same powers and	29817
jurisdiction, and receive the same compensation as other judges of	29818
the court of common pleas of Butler county and shall be elected	29819
and designated as judges of the court of common pleas, division of	29820
domestic relations. The judges of the division of domestic	29821
relations shall have assigned to them all divorce, dissolution of	29822
marriage, legal separation, and annulment cases coming before the	29823
court, except in cases that for some special reason are assigned	29824
to some other judge of the court of common pleas. The judges of	29825
the division of domestic relations also have concurrent	29826
jurisdiction with judges of the juvenile division of the court of	29827
common pleas of Butler county with respect to and may hear cases	29828
to determine the custody, support, or custody and support of a	29829
child who is born of issue of a marriage and who is not the ward	29830
of another court of this state, cases commenced by a party of the	29831
marriage to obtain an order requiring support of any child when	29832
the request for that order is not ancillary to an action for	29833
divorce, dissolution of marriage, annulment, or legal separation,	29834
a criminal or civil action involving an allegation of domestic	29835
violence, an action for support under Chapter 3115. of the Revised	29836
Code, or an action that is within the exclusive original	29837
jurisdiction of the juvenile division of the court of common pleas	29838
of Butler county and that involves an allegation that the child is	29839
an abused, neglected, or dependent child, and post-decree	29840
proceedings and matters arising from those types of cases. The	29841
judge senior in point of service shall be charged with the	29842
assignment and division of the work of the division and with the	29843
employment and supervision of all other personnel of the domestic	29844
relations division.	29845

The judge senior in point of service also shall designate the	29846
title, compensation, expense allowances, hours, leaves of absence,	29847
and vacations of the personnel of the division and shall fix their	29848
duties. The duties of the personnel, in addition to other	29849
statutory duties, shall include the handling, servicing, and	29850
investigation of divorce, dissolution of marriage, legal	29851
separation, and annulment cases and providing any counseling and	29852
conciliation services that the division makes available to	29853
persons, whether or not the persons are parties to an action	29854
pending in the division, who request the services.	29855

(2) The judges of the court of common pleas whose terms begin	29856
on January 3, 1987, and January 2, 2003, and successors, shall	29857
have the same qualifications, exercise the same powers and	29858
jurisdiction, and receive the same compensation as other judges of	29859
the court of common pleas of Butler county, shall be elected and	29860
designated as judges of the court of common pleas, juvenile	29861
division, and shall be the juvenile judges as provided in Chapters	29862
2151. and 2152. of the Revised Code, with the powers and	29863
jurisdictions conferred by those chapters. Except in cases that	29864
are subject to the exclusive original jurisdiction of the juvenile	29865
court, the judges of the juvenile division shall not have	29866
jurisdiction or the power to hear and shall not be assigned, but	29867
shall have the limited ability and authority to certify, any case	29868
commenced by a party of a marriage to determine the custody,	29869
support, or custody and support of a child who is born of issue of	29870
the marriage and who is not the ward of another court of this	29871
state when the request for the order in the case is not ancillary	29872
to an action for divorce, dissolution of marriage, annulment, or	29873
legal separation. The judge of the court of common pleas, juvenile	29874
division, who is senior in point of service, shall be the	29875
administrator of the juvenile division and its subdivisions and	29876
departments. The judge, senior in point of service, shall have	29877
charge of the employment, assignment, and supervision of the	29878
personnel of the juvenile division who are engaged in handling,	29879
servicing, or investigating juvenile cases, including any referees	29880
whom the judge considers necessary for the discharge of the	29881
judge's various duties.	29882

The judge, senior in point of service, also shall designate	29883
the title, compensation, expense allowances, hours, leaves of	29884
absence, and vacation of the personnel of the division and shall	29885
fix their duties. The duties of the personnel, in addition to	29886
other statutory duties, include the handling, servicing, and	29887
investigation of juvenile cases and providing any counseling and	29888
conciliation services that the division makes available to	29889
persons, whether or not the persons are parties to an action	29890
pending in the division, who request the services.	29891

(3) If a judge of the court of common pleas, division of	29892
domestic relations or juvenile division, is sick, absent, or	29893
unable to perform that judge's judicial duties or the volume of	29894
cases pending in the judge's division necessitates it, the duties	29895
of that judge shall be performed by the other judges of the	29896
domestic relations and juvenile divisions.	29897

(L)(1) In Cuyahoga county, the judges of the court of common	29898
pleas whose terms begin on January 8, 1961, January 9, 1961,	29899
January 18, 1975, January 19, 1975, and January 13, 1987, and	29900
successors, shall have the same qualifications, exercise the same	29901
powers and jurisdiction, and receive the same compensation as	29902
other judges of the court of common pleas of Cuyahoga county and	29903
shall be elected and designated as judges of the court of common	29904
pleas, division of domestic relations. They shall have all the	29905
powers relating to all divorce, dissolution of marriage, legal	29906
separation, and annulment cases, except in cases that are assigned	29907
to some other judge of the court of common pleas for some special	29908
reason.	29909

(2) The administrative judge is administrator of the domestic	29910
relations division and its subdivisions and departments and has	29911
the following powers concerning division personnel:	29912

(a) Full charge of the employment, assignment, and	29913
supervision;	29914

(b) Sole determination of compensation, duties, expenses,	29915
allowances, hours, leaves, and vacations.	29916

(3) "Division personnel" include persons employed or referees	29917
engaged in hearing, servicing, investigating, counseling, or	29918
conciliating divorce, dissolution of marriage, legal separation	29919
and annulment matters.	29920

(M) In Lake county:

29921

(1) The judge of the court of common pleas whose term begins	29922
on January 2, 1961, and successors, shall have the same	29923
qualifications, exercise the same powers and jurisdiction, and	29924
receive the same compensation as the other judges of the court of	29925
common pleas of Lake county and shall be elected and designated as	29926
judge of the court of common pleas, division of domestic	29927
relations. The judge shall be assigned all the divorce,	29928
dissolution of marriage, legal separation, and annulment cases	29929
coming before the court, except in cases that for some special	29930
reason are assigned to some other judge of the court of common	29931
pleas. The judge shall be charged with the assignment and division	29932
of the work of the division and with the employment and	29933
supervision of all other personnel of the domestic relations	29934
division.	29935

The judge also shall designate the title, compensation,	29936
expense allowances, hours, leaves of absence, and vacations of the	29937
personnel of the division and shall fix their duties. The duties	29938
of the personnel, in addition to other statutory duties, shall	29939
include the handling, servicing, and investigation of divorce,	29940
dissolution of marriage, legal separation, and annulment cases and	29941
providing any counseling and conciliation services that the	29942
division makes available to persons, whether or not the persons	29943
are parties to an action pending in the division, who request the	29944
services.	29945

(2) The judge of the court of common pleas whose term begins	29946
on January 4, 1979, and successors, shall have the same	29947
qualifications, exercise the same powers and jurisdiction, and	29948
receive the same compensation as other judges of the court of	29949
common pleas of Lake county, shall be elected and designated as	29950
judge of the court of common pleas, juvenile division, and shall	29951
be the juvenile judge as provided in Chapters 2151. and 2152. of	29952
the Revised Code, with the powers and jurisdictions conferred by	29953
those chapters. The judge of the court of common pleas, juvenile	29954
division, shall be the administrator of the juvenile division and	29955
its subdivisions and departments. The judge shall have charge of	29956
the employment, assignment, and supervision of the personnel of	29957
the juvenile division who are engaged in handling, servicing, or	29958
investigating juvenile cases, including any referees whom the	29959
judge considers necessary for the discharge of the judge's various	29960
duties.	29961

The judge also shall designate the title, compensation,	29962
expense allowances, hours, leaves of absence, and vacation of the	29963
personnel of the division and shall fix their duties. The duties	29964
of the personnel, in addition to other statutory duties, include	29965
the handling, servicing, and investigation of juvenile cases and	29966
providing any counseling and conciliation services that the	29967
division makes available to persons, whether or not the persons	29968
are parties to an action pending in the division, who request the	29969
services.	29970

(3) If a judge of the court of common pleas, division of	29971
domestic relations or juvenile division, is sick, absent, or	29972
unable to perform that judge's judicial duties or the volume of	29973
cases pending in the judge's division necessitates it, the duties	29974
of that judge shall be performed by the other judges of the	29975
domestic relations and juvenile divisions.	29976

(N) In Erie county:

29977

(1) The judge of the court of common pleas whose term begins	29978
on January 2, 1971, and the successors to that judge whose terms	29979
begin before January 2, 2007, shall have the same qualifications,	29980
exercise the same powers and jurisdiction, and receive the same	29981
compensation as the other judge of the court of common pleas of	29982
Erie county and shall be elected and designated as judge of the	29983
court of common pleas, division of domestic relations. The judge	29984
shall have all the powers relating to juvenile courts, and shall	29985
be assigned all cases under Chapters 2151. and 2152. of the	29986
Revised Code, parentage proceedings over which the juvenile court	29987
has jurisdiction, and divorce, dissolution of marriage, legal	29988
separation, and annulment cases, except cases that for some	29989
special reason are assigned to some other judge.	29990

On or after January 2, 2007, the judge of the court of common	29991
pleas who is elected in 2006 shall be the successor to the judge	29992
of the domestic relations division whose term expires on January	29993
1, 2007, shall be designated as judge of the court of common	29994
pleas, juvenile division, and shall be the juvenile judge as	29995
provided in Chapters 2151. and 2152. of the Revised Code with the	29996
powers and jurisdictions conferred by those chapters.	29997

(2) The judge of the court of common pleas, general division,	29998
whose term begins on January 1, 2005, and successors, the judge of	29999
the court of common pleas, general division whose term begins on	30000
January 2, 2005, and successors, and the judge of the court of	30001
common pleas, general division, whose term begins February 9,	30002
2009, and successors, shall have assigned to them, in addition to	30003
all matters that are within the jurisdiction of the general	30004
division of the court of common pleas, all divorce, dissolution of	30005
marriage, legal separation, and annulment cases coming before the	30006
court, and all matters that are within the jurisdiction of the	30007
probate court under Chapter 2101., and other provisions, of the	30008
Revised Code.	30009

(O) In Greene county:

30010

(1) The judge of the court of common pleas whose term begins	30011
on January 1, 1961, and successors, shall have the same	30012
qualifications, exercise the same powers and jurisdiction, and	30013
receive the same compensation as the other judges of the court of	30014
common pleas of Greene county and shall be elected and designated	30015
as the judge of the court of common pleas, division of domestic	30016
relations. The judge shall be assigned all divorce, dissolution of	30017
marriage, legal separation, annulment, uniform reciprocal support	30018
enforcement, and domestic violence cases and all other cases	30019
related to domestic relations, except cases that for some special	30020
reason are assigned to some other judge of the court of common	30021
pleas.	30022

The judge shall be charged with the assignment and division	30023
of the work of the division and with the employment and	30024
supervision of all other personnel of the division. The judge also	30025
shall designate the title, compensation, hours, leaves of absence,	30026
and vacations of the personnel of the division and shall fix their	30027
duties. The duties of the personnel of the division, in addition	30028
to other statutory duties, shall include the handling, servicing,	30029
and investigation of divorce, dissolution of marriage, legal	30030
separation, and annulment cases and the provision of counseling	30031
and conciliation services that the division considers necessary	30032
and makes available to persons who request the services, whether	30033
or not the persons are parties in an action pending in the	30034
division. The compensation for the personnel shall be paid from	30035
the overall court budget and shall be included in the	30036
appropriations for the existing judges of the general division of	30037
the court of common pleas.	30038

(2) The judge of the court of common pleas whose term begins	30039
on January 1, 1995, and successors, shall have the same	30040
qualifications, exercise the same powers and jurisdiction, and	30041
receive the same compensation as the other judges of the court of	30042
common pleas of Greene county, shall be elected and designated as	30043
judge of the court of common pleas, juvenile division, and, on or	30044
after January 1, 1995, shall be the juvenile judge as provided in	30045
Chapters 2151. and 2152. of the Revised Code with the powers and	30046
jurisdiction conferred by those chapters. The judge of the court	30047
of common pleas, juvenile division, shall be the administrator of	30048
the juvenile division and its subdivisions and departments. The	30049
judge shall have charge of the employment, assignment, and	30050
supervision of the personnel of the juvenile division who are	30051
engaged in handling, servicing, or investigating juvenile cases,	30052
including any referees whom the judge considers necessary for the	30053
discharge of the judge's various duties.	30054

The judge also shall designate the title, compensation,	30055
expense allowances, hours, leaves of absence, and vacation of the	30056
personnel of the division and shall fix their duties. The duties	30057
of the personnel, in addition to other statutory duties, include	30058
the handling, servicing, and investigation of juvenile cases and	30059
providing any counseling and conciliation services that the court	30060
makes available to persons, whether or not the persons are parties	30061
to an action pending in the court, who request the services.	30062

(3) If one of the judges of the court of common pleas,	30063
general division, is sick, absent, or unable to perform that	30064
judge's judicial duties or the volume of cases pending in the	30065
general division necessitates it, the duties of that judge of the	30066
general division shall be performed by the judge of the division	30067
of domestic relations and the judge of the juvenile division.	30068

(P) In Portage county, the judge of the court of common	30069
pleas, whose term begins January 2, 1987, and successors, shall	30070
have the same qualifications, exercise the same powers and	30071
jurisdiction, and receive the same compensation as the other	30072
judges of the court of common pleas of Portage county and shall be	30073
elected and designated as judge of the court of common pleas,	30074
division of domestic relations. The judge shall be assigned all	30075
divorce, dissolution of marriage, legal separation, and annulment	30076
cases coming before the court, except in cases that for some	30077
special reason are assigned to some other judge of the court of	30078
common pleas. The judge shall be charged with the assignment and	30079
division of the work of the division and with the employment and	30080
supervision of all other personnel of the domestic relations	30081
division.	30082

The judge also shall designate the title, compensation,	30083
expense allowances, hours, leaves of absence, and vacations of the	30084
personnel of the division and shall fix their duties. The duties	30085
of the personnel, in addition to other statutory duties, shall	30086
include the handling, servicing, and investigation of divorce,	30087
dissolution of marriage, legal separation, and annulment cases and	30088
providing any counseling and conciliation services that the	30089
division makes available to persons, whether or not the persons	30090
are parties to an action pending in the division, who request the	30091
services.	30092

(Q) In Clermont county, the judge of the court of common	30093
pleas, whose term begins January 2, 1987, and successors, shall	30094
have the same qualifications, exercise the same powers and	30095
jurisdiction, and receive the same compensation as the other	30096
judges of the court of common pleas of Clermont county and shall	30097
be elected and designated as judge of the court of common pleas,	30098
division of domestic relations. The judge shall be assigned all	30099
divorce, dissolution of marriage, legal separation, and annulment	30100
cases coming before the court, except in cases that for some	30101
special reason are assigned to some other judge of the court of	30102
common pleas. The judge shall be charged with the assignment and	30103
division of the work of the division and with the employment and	30104
supervision of all other personnel of the domestic relations	30105
division.	30106

The judge also shall designate the title, compensation,	30107
expense allowances, hours, leaves of absence, and vacations of the	30108
personnel of the division and shall fix their duties. The duties	30109
of the personnel, in addition to other statutory duties, shall	30110
include the handling, servicing, and investigation of divorce,	30111
dissolution of marriage, legal separation, and annulment cases and	30112
providing any counseling and conciliation services that the	30113
division makes available to persons, whether or not the persons	30114
are parties to an action pending in the division, who request the	30115
services.	30116

(R) In Warren county, the judge of the court of common pleas,	30117
whose term begins January 1, 1987, and successors, shall have the	30118
same qualifications, exercise the same powers and jurisdiction,	30119
and receive the same compensation as the other judges of the court	30120
of common pleas of Warren county and shall be elected and	30121
designated as judge of the court of common pleas, division of	30122
domestic relations. The judge shall be assigned all divorce,	30123
dissolution of marriage, legal separation, and annulment cases	30124
coming before the court, except in cases that for some special	30125
reason are assigned to some other judge of the court of common	30126
pleas. The judge shall be charged with the assignment and division	30127
of the work of the division and with the employment and	30128
supervision of all other personnel of the domestic relations	30129
division.	30130

The judge also shall designate the title, compensation,	30131
expense allowances, hours, leaves of absence, and vacations of the	30132
personnel of the division and shall fix their duties. The duties	30133
of the personnel, in addition to other statutory duties, shall	30134
include the handling, servicing, and investigation of divorce,	30135
dissolution of marriage, legal separation, and annulment cases and	30136
providing any counseling and conciliation services that the	30137
division makes available to persons, whether or not the persons	30138
are parties to an action pending in the division, who request the	30139
services.	30140

(S) In Licking county, the judges of the court of common	30141
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	30142
and successors, shall have the same qualifications, exercise the	30143
same powers and jurisdiction, and receive the same compensation as	30144
the other judges of the court of common pleas of Licking county	30145
and shall be elected and designated as judges of the court of	30146
common pleas, division of domestic relations. The judges shall be	30147
assigned all divorce, dissolution of marriage, legal separation,	30148
and annulment cases, all cases arising under Chapter 3111. of the	30149
Revised Code, all proceedings involving child support, the	30150
allocation of parental rights and responsibilities for the care of	30151
children and the designation for the children of a place of	30152
residence and legal custodian, parenting time, and visitation, and	30153
all post-decree proceedings and matters arising from those cases	30154
and proceedings, except in cases that for some special reason are	30155
assigned to another judge of the court of common pleas. The	30156
administrative judge of the division of domestic relations shall	30157
be charged with the assignment and division of the work of the	30158
division and with the employment and supervision of the personnel	30159
of the division.	30160

The administrative judge of the division of domestic	30161
relations shall designate the title, compensation, expense	30162
allowances, hours, leaves of absence, and vacations of the	30163
personnel of the division and shall fix the duties of the	30164
personnel of the division. The duties of the personnel of the	30165
division, in addition to other statutory duties, shall include the	30166
handling, servicing, and investigation of divorce, dissolution of	30167
marriage, legal separation, and annulment cases, cases arising	30168
under Chapter 3111. of the Revised Code, and proceedings involving	30169
child support, the allocation of parental rights and	30170
responsibilities for the care of children and the designation for	30171
the children of a place of residence and legal custodian,	30172
parenting time, and visitation and providing any counseling and	30173
conciliation services that the division makes available to	30174
persons, whether or not the persons are parties to an action	30175
pending in the division, who request the services.	30176

(T) In Allen county, the judge of the court of common pleas,	30177
whose term begins January 1, 1993, and successors, shall have the	30178
same qualifications, exercise the same powers and jurisdiction,	30179
and receive the same compensation as the other judges of the court	30180
of common pleas of Allen county and shall be elected and	30181
designated as judge of the court of common pleas, division of	30182
domestic relations. The judge shall be assigned all divorce,	30183
dissolution of marriage, legal separation, and annulment cases,	30184
all cases arising under Chapter 3111. of the Revised Code, all	30185
proceedings involving child support, the allocation of parental	30186
rights and responsibilities for the care of children and the	30187
designation for the children of a place of residence and legal	30188
custodian, parenting time, and visitation, and all post-decree	30189
proceedings and matters arising from those cases and proceedings,	30190
except in cases that for some special reason are assigned to	30191
another judge of the court of common pleas. The judge shall be	30192
charged with the assignment and division of the work of the	30193
division and with the employment and supervision of the personnel	30194
of the division.	30195

The judge shall designate the title, compensation, expense	30196
allowances, hours, leaves of absence, and vacations of the	30197
personnel of the division and shall fix the duties of the	30198
personnel of the division. The duties of the personnel of the	30199
division, in addition to other statutory duties, shall include the	30200
handling, servicing, and investigation of divorce, dissolution of	30201
marriage, legal separation, and annulment cases, cases arising	30202
under Chapter 3111. of the Revised Code, and proceedings involving	30203
child support, the allocation of parental rights and	30204
responsibilities for the care of children and the designation for	30205
the children of a place of residence and legal custodian,	30206
parenting time, and visitation, and providing any counseling and	30207
conciliation services that the division makes available to	30208
persons, whether or not the persons are parties to an action	30209
pending in the division, who request the services.	30210

(U) In Medina county, the judge of the court of common pleas	30211
whose term begins January 1, 1995, and successors, shall have the	30212
same qualifications, exercise the same powers and jurisdiction,	30213
and receive the same compensation as other judges of the court of	30214
common pleas of Medina county and shall be elected and designated	30215
as judge of the court of common pleas, division of domestic	30216
relations. The judge shall be assigned all divorce, dissolution of	30217
marriage, legal separation, and annulment cases, all cases arising	30218
under Chapter 3111. of the Revised Code, all proceedings involving	30219
child support, the allocation of parental rights and	30220
responsibilities for the care of children and the designation for	30221
the children of a place of residence and legal custodian,	30222
parenting time, and visitation, and all post-decree proceedings	30223
and matters arising from those cases and proceedings, except in	30224
cases that for some special reason are assigned to another judge	30225
of the court of common pleas. The judge shall be charged with the	30226
assignment and division of the work of the division and with the	30227
employment and supervision of the personnel of the division.	30228

The judge shall designate the title, compensation, expense	30229
allowances, hours, leaves of absence, and vacations of the	30230
personnel of the division and shall fix the duties of the	30231
personnel of the division. The duties of the personnel, in	30232
addition to other statutory duties, include the handling,	30233
servicing, and investigation of divorce, dissolution of marriage,	30234
legal separation, and annulment cases, cases arising under Chapter	30235
3111. of the Revised Code, and proceedings involving child	30236
support, the allocation of parental rights and responsibilities	30237
for the care of children and the designation for the children of a	30238
place of residence and legal custodian, parenting time, and	30239
visitation, and providing counseling and conciliation services	30240
that the division makes available to persons, whether or not the	30241
persons are parties to an action pending in the division, who	30242
request the services.	30243

(V) In Fairfield county, the judge of the court of common	30244
pleas whose term begins January 2, 1995, and successors, shall	30245
have the same qualifications, exercise the same powers and	30246
jurisdiction, and receive the same compensation as the other	30247
judges of the court of common pleas of Fairfield county and shall	30248
be elected and designated as judge of the court of common pleas,	30249
division of domestic relations. The judge shall be assigned all	30250
divorce, dissolution of marriage, legal separation, and annulment	30251
cases, all cases arising under Chapter 3111. of the Revised Code,	30252
all proceedings involving child support, the allocation of	30253
parental rights and responsibilities for the care of children and	30254
the designation for the children of a place of residence and legal	30255
custodian, parenting time, and visitation, and all post-decree	30256
proceedings and matters arising from those cases and proceedings,	30257
except in cases that for some special reason are assigned to	30258
another judge of the court of common pleas. The judge also has	30259
concurrent jurisdiction with the probate-juvenile division of the	30260
court of common pleas of Fairfield county with respect to and may	30261
hear cases to determine the custody of a child, as defined in	30262
section 2151.011 of the Revised Code, who is not the ward of	30263
another court of this state, cases that are commenced by a parent,	30264
guardian, or custodian of a child, as defined in section 2151.011	30265
of the Revised Code, to obtain an order requiring a parent of the	30266
child to pay child support for that child when the request for	30267
that order is not ancillary to an action for divorce, dissolution	30268
of marriage, annulment, or legal separation, a criminal or civil	30269
action involving an allegation of domestic violence, an action for	30270
support under Chapter 3115. of the Revised Code, or an action that	30271
is within the exclusive original jurisdiction of the	30272
probate-juvenile division of the court of common pleas of	30273
Fairfield county and that involves an allegation that the child is	30274
an abused, neglected, or dependent child, and post-decree	30275
proceedings and matters arising from those types of cases.	30276

The judge of the domestic relations division shall be charged	30277
with the assignment and division of the work of the division and	30278
with the employment and supervision of the personnel of the	30279
division.	30280

The judge shall designate the title, compensation, expense	30281
allowances, hours, leaves of absence, and vacations of the	30282
personnel of the division and shall fix the duties of the	30283
personnel of the division. The duties of the personnel of the	30284
division, in addition to other statutory duties, shall include the	30285
handling, servicing, and investigation of divorce, dissolution of	30286
marriage, legal separation, and annulment cases, cases arising	30287
under Chapter 3111. of the Revised Code, and proceedings involving	30288
child support, the allocation of parental rights and	30289
responsibilities for the care of children and the designation for	30290
the children of a place of residence and legal custodian,	30291
parenting time, and visitation, and providing any counseling and	30292
conciliation services that the division makes available to	30293
persons, regardless of whether the persons are parties to an	30294
action pending in the division, who request the services. When the	30295
judge hears a case to determine the custody of a child, as defined	30296
in section 2151.011 of the Revised Code, who is not the ward of	30297
another court of this state or a case that is commenced by a	30298
parent, guardian, or custodian of a child, as defined in section	30299
2151.011 of the Revised Code, to obtain an order requiring a	30300
parent of the child to pay child support for that child when the	30301
request for that order is not ancillary to an action for divorce,	30302
dissolution of marriage, annulment, or legal separation, a	30303
criminal or civil action involving an allegation of domestic	30304
violence, an action for support under Chapter 3115. of the Revised	30305
Code, or an action that is within the exclusive original	30306
jurisdiction of the probate-juvenile division of the court of	30307
common pleas of Fairfield county and that involves an allegation	30308
that the child is an abused, neglected, or dependent child, the	30309
duties of the personnel of the domestic relations division also	30310
include the handling, servicing, and investigation of those types	30311
of cases.	30312

(W)(1) In Clark county, the judge of the court of common	30313
pleas whose term begins on January 2, 1995, and successors, shall	30314
have the same qualifications, exercise the same powers and	30315
jurisdiction, and receive the same compensation as other judges of	30316
the court of common pleas of Clark county and shall be elected and	30317
designated as judge of the court of common pleas, domestic	30318
relations division. The judge shall have all the powers relating	30319
to juvenile courts, and all cases under Chapters 2151. and 2152.	30320
of the Revised Code and all parentage proceedings under Chapter	30321
3111. of the Revised Code over which the juvenile court has	30322
jurisdiction shall be assigned to the judge of the division of	30323
domestic relations. All divorce, dissolution of marriage, legal	30324
separation, annulment, uniform reciprocal support enforcement, and	30325
other cases related to domestic relations shall be assigned to the	30326
domestic relations division, and the presiding judge of the court	30327
of common pleas shall assign the cases to the judge of the	30328
domestic relations division and the judges of the general	30329
division.	30330

(2) In addition to the judge's regular duties, the judge of	30331
the division of domestic relations shall serve on the children	30332
services board and the county advisory board.	30333

(3) If the judge of the court of common pleas of Clark	30334
county, division of domestic relations, is sick, absent, or unable	30335
to perform that judge's judicial duties or if the presiding judge	30336
of the court of common pleas of Clark county determines that the	30337
volume of cases pending in the division of domestic relations	30338
necessitates it, the duties of the judge of the division of	30339
domestic relations shall be performed by the judges of the general	30340
division or probate division of the court of common pleas of Clark	30341
county, as assigned for that purpose by the presiding judge of	30342
that court, and the judges so assigned shall act in conjunction	30343
with the judge of the division of domestic relations of that	30344
court.	30345

(X) In Scioto county, the judge of the court of common pleas	30346
whose term begins January 2, 1995, and successors, shall have the	30347
same qualifications, exercise the same powers and jurisdiction,	30348
and receive the same compensation as other judges of the court of	30349
common pleas of Scioto county and shall be elected and designated	30350
as judge of the court of common pleas, division of domestic	30351
relations. The judge shall be assigned all divorce, dissolution of	30352
marriage, legal separation, and annulment cases, all cases arising	30353
under Chapter 3111. of the Revised Code, all proceedings involving	30354
child support, the allocation of parental rights and	30355
responsibilities for the care of children and the designation for	30356
the children of a place of residence and legal custodian,	30357
parenting time, visitation, and all post-decree proceedings and	30358
matters arising from those cases and proceedings, except in cases	30359
that for some special reason are assigned to another judge of the	30360
court of common pleas. The judge shall be charged with the	30361
assignment and division of the work of the division and with the	30362
employment and supervision of the personnel of the division.	30363

The judge shall designate the title, compensation, expense	30364
allowances, hours, leaves of absence, and vacations of the	30365
personnel of the division and shall fix the duties of the	30366
personnel of the division. The duties of the personnel, in	30367
addition to other statutory duties, include the handling,	30368
servicing, and investigation of divorce, dissolution of marriage,	30369
legal separation, and annulment cases, cases arising under Chapter	30370
3111. of the Revised Code, and proceedings involving child	30371
support, the allocation of parental rights and responsibilities	30372
for the care of children and the designation for the children of a	30373
place of residence and legal custodian, parenting time, and	30374
visitation, and providing counseling and conciliation services	30375
that the division makes available to persons, whether or not the	30376
persons are parties to an action pending in the division, who	30377
request the services.	30378

(Y) In Auglaize county, the judge of the probate and juvenile	30379
divisions of the Auglaize county court of common pleas also shall	30380
be the administrative judge of the domestic relations division of	30381
the court and shall be assigned all divorce, dissolution of	30382
marriage, legal separation, and annulment cases coming before the	30383
court. The judge shall have all powers as administrator of the	30384
domestic relations division and shall have charge of the personnel	30385
engaged in handling, servicing, or investigating divorce,	30386
dissolution of marriage, legal separation, and annulment cases,	30387
including any referees considered necessary for the discharge of	30388
the judge's various duties.	30389

(Z)(1) In Marion county, the judge of the court of common	30390
pleas whose term begins on February 9, 1999, and the successors to	30391
that judge, shall have the same qualifications, exercise the same	30392
powers and jurisdiction, and receive the same compensation as the	30393
other judges of the court of common pleas of Marion county and	30394
shall be elected and designated as judge of the court of common	30395
pleas, domestic relations-juvenile-probate division. Except as	30396
otherwise specified in this division, that judge, and the	30397
successors to that judge, shall have all the powers relating to	30398
juvenile courts, and all cases under Chapters 2151. and 2152. of	30399
the Revised Code, all cases arising under Chapter 3111. of the	30400
Revised Code, all divorce, dissolution of marriage, legal	30401
separation, and annulment cases, all proceedings involving child	30402
support, the allocation of parental rights and responsibilities	30403
for the care of children and the designation for the children of a	30404
place of residence and legal custodian, parenting time, and	30405
visitation, and all post-decree proceedings and matters arising	30406
from those cases and proceedings shall be assigned to that judge	30407
and the successors to that judge. Except as provided in division	30408
(Z)(2) of this section and notwithstanding any other provision of	30409
any section of the Revised Code, on and after February 9, 2003,	30410
the judge of the court of common pleas of Marion county whose term	30411
begins on February 9, 1999, and the successors to that judge,	30412
shall have all the powers relating to the probate division of the	30413
court of common pleas of Marion county in addition to the powers	30414
previously specified in this division, and shall exercise	30415
concurrent jurisdiction with the judge of the probate division of	30416
that court over all matters that are within the jurisdiction of	30417
the probate division of that court under Chapter 2101., and other	30418
provisions, of the Revised Code in addition to the jurisdiction of	30419
the domestic relations-juvenile-probate division of that court	30420
otherwise specified in division (Z)(1) of this section.	30421

(2) The judge of the domestic relations-juvenile-probate	30422
division of the court of common pleas of Marion county or the	30423
judge of the probate division of the court of common pleas of	30424
Marion county, whichever of those judges is senior in total length	30425
of service on the court of common pleas of Marion county,	30426
regardless of the division or divisions of service, shall serve as	30427
the clerk of the probate division of the court of common pleas of	30428
Marion county.	30429

(3) On and after February 9, 2003, all references in law to	30430
"the probate court," "the probate judge," "the juvenile court," or	30431
"the judge of the juvenile court" shall be construed, with respect	30432
to Marion county, as being references to both "the probate	30433
division" and "the domestic relations-juvenile-probate division"	30434
and as being references to both "the judge of the probate	30435
division" and "the judge of the domestic relations-	30436
juvenile-probate division." On and after February 9, 2003, all	30437
references in law to "the clerk of the probate court" shall be	30438
construed, with respect to Marion county, as being references to	30439
the judge who is serving pursuant to division (Z)(2) of this	30440
section as the clerk of the probate division of the court of	30441
common pleas of Marion county.	30442

(AA) In Muskingum county, the judge of the court of common	30443
pleas whose term begins on January 2, 2003, and successors, shall	30444
have the same qualifications, exercise the same powers and	30445
jurisdiction, and receive the same compensation as the other	30446
judges of the court of common pleas of Muskingum county and shall	30447
be elected and designated as the judge of the court of common	30448
pleas, division of domestic relations. The judge shall be assigned	30449
all divorce, dissolution of marriage, legal separation, and	30450
annulment cases, all cases arising under Chapter 3111. of the	30451
Revised Code, all proceedings involving child support, the	30452
allocation of parental rights and responsibilities for the care of	30453
children and the designation for the children of a place of	30454
residence and legal custodian, parenting time, and visitation, and	30455
all post-decree proceedings and matters arising from those cases	30456
and proceedings, except in cases that for some special reason are	30457
assigned to another judge of the court of common pleas. The judge	30458
shall be charged with the assignment and division of the work of	30459
the division and with the employment and supervision of the	30460
personnel of the division.	30461

The judge shall designate the title, compensation, expense	30462
allowances, hours, leaves of absence, and vacations of the	30463
personnel of the division and shall fix the duties of the	30464
personnel of the division. The duties of the personnel of the	30465
division, in addition to other statutory duties, shall include the	30466
handling, servicing, and investigation of divorce, dissolution of	30467
marriage, legal separation, and annulment cases, cases arising	30468
under Chapter 3111. of the Revised Code, and proceedings involving	30469
child support, the allocation of parental rights and	30470
responsibilities for the care of children and the designation for	30471
the children of a place of residence and legal custodian,	30472
parenting time, and visitation and providing any counseling and	30473
conciliation services that the division makes available to	30474
persons, whether or not the persons are parties to an action	30475
pending in the division, who request the services.	30476

(BB) In Henry county, the judge of the court of common pleas	30477
whose term begins on January 1, 2005, and successors, shall have	30478
the same qualifications, exercise the same powers and	30479
jurisdiction, and receive the same compensation as the other judge	30480
of the court of common pleas of Henry county and shall be elected	30481
and designated as the judge of the court of common pleas, division	30482
of domestic relations. The judge shall have all of the powers	30483
relating to juvenile courts, and all cases under Chapter 2151. or	30484
2152. of the Revised Code, all parentage proceedings arising under	30485
Chapter 3111. of the Revised Code over which the juvenile court	30486
has jurisdiction, all divorce, dissolution of marriage, legal	30487
separation, and annulment cases, all proceedings involving child	30488
support, the allocation of parental rights and responsibilities	30489
for the care of children and the designation for the children of a	30490
place of residence and legal custodian, parenting time, and	30491
visitation, and all post-decree proceedings and matters arising	30492
from those cases and proceedings shall be assigned to that judge,	30493
except in cases that for some special reason are assigned to the	30494
other judge of the court of common pleas.	30495

(CC)(1) In Logan county, the judge of the court of common	30496
pleas whose term begins January 2, 2005, and the successors to	30497
that judge, shall have the same qualifications, exercise the same	30498
powers and jurisdiction, and receive the same compensation as the	30499
other judges of the court of common pleas of Logan county and	30500
shall be elected and designated as judge of the court of common	30501
pleas, domestic relations-juvenile-probate division. Except as	30502
otherwise specified in this division, that judge, and the	30503
successors to that judge, shall have all the powers relating to	30504
juvenile courts, and all cases under Chapters 2151. and 2152. of	30505
the Revised Code, all cases arising under Chapter 3111. of the	30506
Revised Code, all divorce, dissolution of marriage, legal	30507
separation, and annulment cases, all proceedings involving child	30508
support, the allocation of parental rights and responsibilities	30509
for the care of children and designation for the children of a	30510
place of residence and legal custodian, parenting time, and	30511
visitation, and all post-decree proceedings and matters arising	30512
from those cases and proceedings shall be assigned to that judge	30513
and the successors to that judge. Notwithstanding any other	30514
provision of any section of the Revised Code, on and after January	30515
2, 2005, the judge of the court of common pleas of Logan county	30516
whose term begins on January 2, 2005, and the successors to that	30517
judge, shall have all the powers relating to the probate division	30518
of the court of common pleas of Logan county in addition to the	30519
powers previously specified in this division and shall exercise	30520
concurrent jurisdiction with the judge of the probate division of	30521
that court over all matters that are within the jurisdiction of	30522
the probate division of that court under Chapter 2101., and other	30523
provisions, of the Revised Code in addition to the jurisdiction of	30524
the domestic relations-juvenile-probate division of that court	30525
otherwise specified in division (CC)(1) of this section.	30526

(2) The judge of the domestic relations-juvenile-probate	30527
division of the court of common pleas of Logan county or the	30528
probate judge of the court of common pleas of Logan county who is	30529
elected as the administrative judge of the probate division of the	30530
court of common pleas of Logan county pursuant to Rule 4 of the	30531
Rules of Superintendence shall be the clerk of the probate	30532
division and juvenile division of the court of common pleas of	30533
Logan county. The clerk of the court of common pleas who is	30534
elected pursuant to section 2303.01 of the Revised Code shall keep	30535
all of the journals, records, books, papers, and files pertaining	30536
to the domestic relations cases.	30537

(3) On and after January 2, 2005, all references in law to	30538
"the probate court," "the probate judge," "the juvenile court," or	30539
"the judge of the juvenile court" shall be construed, with respect	30540
to Logan county, as being references to both "the probate	30541
division" and the "domestic relations-juvenile-probate division"	30542
and as being references to both "the judge of the probate	30543
division" and the "judge of the domestic	30544
relations-juvenile-probate division." On and after January 2,	30545
2005, all references in law to "the clerk of the probate court"	30546
shall be construed, with respect to Logan county, as being	30547
references to the judge who is serving pursuant to division	30548
(CC)(2) of this section as the clerk of the probate division of	30549
the court of common pleas of Logan county.	30550

(DD)(1) In Champaign county, the judge of the court of common	30551
pleas whose term begins February 9, 2003, and the judge of the	30552
court of common pleas whose term begins February 10, 2009, and the	30553
successors to those judges, shall have the same qualifications,	30554
exercise the same powers and jurisdiction, and receive the same	30555
compensation as the other judges of the court of common pleas of	30556
Champaign county and shall be elected and designated as judges of	30557
the court of common pleas, domestic relations-juvenile-probate	30558
division. Except as otherwise specified in this division, those	30559
judges, and the successors to those judges, shall have all the	30560
powers relating to juvenile courts, and all cases under Chapters	30561
2151. and 2152. of the Revised Code, all cases arising under	30562
Chapter 3111. of the Revised Code, all divorce, dissolution of	30563
marriage, legal separation, and annulment cases, all proceedings	30564
involving child support, the allocation of parental rights and	30565
responsibilities for the care of children and the designation for	30566
the children of a place of residence and legal custodian,	30567
parenting time, and visitation, and all post-decree proceedings	30568
and matters arising from those cases and proceedings shall be	30569
assigned to those judges and the successors to those judges.	30570
Notwithstanding any other provision of any section of the Revised	30571
Code, on and after February 9, 2009, the judges designated by this	30572
division as judges of the court of common pleas of Champaign	30573
county, domestic relations-juvenile-probate division, and the	30574
successors to those judges, shall have all the powers relating to	30575
probate courts in addition to the powers previously specified in	30576
this division and shall exercise jurisdiction over all matters	30577
that are within the jurisdiction of probate courts under Chapter	30578
2101., and other provisions, of the Revised Code in addition to	30579
the jurisdiction of the domestic relations-juvenile-probate	30580
division otherwise specified in division (DD)(1) of this section.	30581

(2) On and after February 9, 2009, all references in law to	30582
"the probate court," "the probate judge," "the juvenile court," or	30583
"the judge of the juvenile court" shall be construed with respect	30584
to Champaign county as being references to the "domestic	30585
relations-juvenile-probate division" and as being references to	30586
the "judge of the domestic relations-juvenile-probate division."	30587
On and after February 9, 2009, all references in law to "the clerk	30588
of the probate court" shall be construed with respect to Champaign	30589
county as being references to the judge who is serving pursuant to	30590
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	30591
the administrative judge of the court of common pleas, domestic	30592
relations-juvenile-probate division.	30593

(EE) If a judge of the court of common pleas, division of	30594
domestic relations, or juvenile judge, of any of the counties	30595
mentioned in this section is sick, absent, or unable to perform	30596
that judge's judicial duties or the volume of cases pending in the	30597
judge's division necessitates it, the duties of that judge shall	30598
be performed by another judge of the court of common pleas of that	30599
county, assigned for that purpose by the presiding judge of the	30600
court of common pleas of that county to act in place of or in	30601
conjunction with that judge, as the case may require.	30602

Sec. 2303.201. (A)(1) The court of common pleas of any	30603
county may determine that for the efficient operation of the court	30604
additional funds are required to computerize the court, to make	30605
available computerized legal research services, or to do both.	30606
Upon making a determination that additional funds are required for	30607
either or both of those purposes, the court shall authorize and	30608
direct the clerk of the court of common pleas to charge one	30609
additional fee, not to exceed six dollars, on the filing of each	30610
cause of action or appeal under divisions (A), (Q), and (U) of	30611
section 2303.20 of the Revised Code.	30612

(2) All fees collected under division (A)(1) of this section	30613
shall be paid to the county treasurer. The treasurer shall place	30614
the funds from the fees in a separate fund to be disbursed either	30615
upon an order of the court, subject to an appropriation by the	30616
board of county commissioners, or upon an order of the court,	30617
subject to the court making an annual report available to the	30618
public listing the use of all such funds, in an amount not greater	30619
than the actual cost to the court of procuring and maintaining	30620
computerization of the court, computerized legal research	30621
services, or both.	30622

(3) If the court determines that the funds in the fund	30623
described in division (A)(2) of this section are more than	30624
sufficient to satisfy the purpose for which the additional fee	30625
described in division (A)(1) of this section was imposed, the	30626
court may declare a surplus in the fund and, subject to an	30627
appropriation by the board of county commissioners, expend those	30628
surplus funds, or upon an order of the court, subject to the court	30629
making an annual report available to the public listing the use of	30630
all such funds, expend those surplus funds, for other appropriate	30631
technological expenses of the court.	30632

(B)(1) The court of common pleas of any county may determine	30633
that, for the efficient operation of the court, additional funds	30634
are required to make technological advances in or to computerize	30635
the office of the clerk of the court of common pleas and, upon	30636
that determination, authorize and direct the clerk of the court of	30637
common pleas to charge an additional fee, not to exceed twenty	30638
dollars, on the filing of each cause of action or appeal, on the	30639
filing, docketing, and endorsing of each certificate of judgment,	30640
or on the docketing and indexing of each aid in execution or	30641
petition to vacate, revive, or modify a judgment under divisions	30642
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code	30643
and not to exceed one dollar each for the services described in	30644
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of	30645
the Revised Code. Subject to division (B)(2) of this section, all	30646
moneys collected under division (B)(1) of this section shall be	30647
paid to the county treasurer to be disbursed, upon an order of the	30648
court of common pleas and subject to appropriation by the board of	30649
county commissioners, in an amount no greater than the actual cost	30650
to the court of procuring and maintaining technology and computer	30651
systems for the office of the clerk of the court of common pleas.	30652

(2) If the court of common pleas of a county makes the	30653
determination described in division (B)(1) of this section, the	30654
board of county commissioners of that county may issue one or more	30655
general obligation bonds for the purpose of procuring and	30656
maintaining the technology and computer systems for the office of	30657
the clerk of the court of common pleas. In addition to the	30658
purposes stated in division (B)(1) of this section for which the	30659
moneys collected under that division may be expended, the moneys	30660
additionally may be expended to pay debt charges on and financing	30661
costs related to any general obligation bonds issued pursuant to	30662
division (B)(2) of this section as they become due. General	30663
obligation bonds issued pursuant to division (B)(2) of this	30664
section are Chapter 133. securities.	30665

(C) The court of common pleas shall collect the sum of	30666
twenty-six dollars as additional filing fees in each new civil	30667
action or proceeding for the charitable public purpose of	30668
providing financial assistance to legal aid societies that operate	30669
within the state and to support the office of the state public	30670
defender. This division does not apply to proceedings concerning	30671
annulments, dissolutions of marriage, divorces, legal separation,	30672
spousal support, marital property or separate property	30673
distribution, support, or other domestic relations matters; to a	30674
juvenile division of a court of common pleas; to a probate	30675
division of a court of common pleas, except that the additional	30676
filing fees shall apply to name change, guardianship, adoption,	30677
and decedents' estate proceedings; or to an execution on a	30678
judgment, proceeding in aid of execution, or other post-judgment	30679
proceeding arising out of a civil action. The filing fees required	30680
to be collected under this division shall be in addition to any	30681
other filing fees imposed in the action or proceeding and shall be	30682
collected at the time of the filing of the action or proceeding.	30683
The court shall not waive the payment of the additional filing	30684
fees in a new civil action or proceeding unless the court waives	30685
the advanced payment of all filing fees in the action or	30686
proceeding. All such moneys collected during a month except for an	30687
amount equal to up to one per cent of those moneys retained to	30688
cover administrative costs shall be transmitted on or before the	30689
twentieth day of the following month by the clerk of the court to	30690
the treasurer of state in a manner prescribed by the treasurer of	30691
state or by the Ohio legal assistance foundation. The treasurer of	30692
state shall deposit four per cent of the funds collected under	30693
this division to the credit of the civil case filing fee fund	30694
established under section 120.07 of the Revised Code and	30695
ninety-six per cent of the funds collected under this division to	30696
the credit of the legal aid fund established under section 120.52	30697
of the Revised Code.	30698

The court may retain up to one per cent of the moneys it	30699
collects under this division to cover administrative costs,	30700
including the hiring of any additional personnel necessary to	30701
implement this division. If the court fails to transmit to the	30702
treasurer of state the moneys the court collects under this	30703
division in a manner prescribed by the treasurer of state or by	30704
the Ohio legal assistance foundation, the court shall forfeit the	30705
moneys the court retains under this division to cover	30706
administrative costs, including the hiring of any additional	30707
personnel necessary to implement this division, and shall transmit	30708
to the treasurer of state all moneys collected under this	30709
division, including the forfeited amount retained for	30710
administrative costs, for deposit in the legal aid fund.	30711

(D) On and after the thirtieth day after December 9, 1994,	30712
the court of common pleas shall collect the sum of thirty-two	30713
dollars as additional filing fees in each new action or proceeding	30714
for annulment, divorce, or dissolution of marriage for the purpose	30715
of funding shelters for victims of domestic violence pursuant to	30716
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	30717
required to be collected under this division shall be in addition	30718
to any other filing fees imposed in the action or proceeding and	30719
shall be collected at the time of the filing of the action or	30720
proceeding. The court shall not waive the payment of the	30721
additional filing fees in a new action or proceeding for	30722
annulment, divorce, or dissolution of marriage unless the court	30723
waives the advanced payment of all filing fees in the action or	30724
proceeding. On or before the twentieth day of each month, all	30725
moneys collected during the immediately preceding month pursuant	30726
to this division shall be deposited by the clerk of the court into	30727
the county treasury in the special fund used for deposit of	30728
additional marriage license fees as described in section 3113.34	30729
of the Revised Code. Upon their deposit into the fund, the moneys	30730
shall be retained in the fund and expended only as described in	30731
section 3113.34 of the Revised Code.	30732

(E)(1) The court of common pleas may determine that, for the	30733
efficient operation of the court, additional funds are necessary	30734
to acquire and pay for special projects of the court, including,	30735
but not limited to, the acquisition of additional facilities or	30736
the rehabilitation of existing facilities, the acquisition of	30737
equipment, the hiring and training of staff, community service	30738
programs, mediation or dispute resolution services, the employment	30739
of magistrates, the training and education of judges, acting	30740
judges, and magistrates, and other related services. Upon that	30741
determination, the court by rule may charge a fee, in addition to	30742
all other court costs, on the filing of each criminal cause, civil	30743
action or proceeding, or judgment by confession.	30744

If the court of common pleas offers or requires a special	30745
program or ~~service~~additional services in cases of a specific	30746
type, the court by rule may assess an additional charge in a case	30747
of that type, over and above court costs, to cover the special	30748
program or service. The court shall adjust the special assessment	30749
periodically, but not retroactively, so that the amount assessed	30750
in those cases does not exceed the actual cost of providing the	30751
service or program.	30752

All moneys collected under division (E) of this section shall	30753
be paid to the county treasurer for deposit into either a general	30754
special projects fund or a fund established for a specific special	30755
project. Moneys from a fund of that nature shall be disbursed upon	30756
an order of the court, subject to an appropriation by the board of	30757
county commissioners, in an amount no greater than the actual cost	30758
to the court of a project. If a specific fund is terminated	30759
because of the discontinuance of a program or service established	30760
under division (E) of this section, the court may order, subject	30761
to an appropriation by the board of county commissioners, that	30762
moneys remaining in the fund be transferred to an account	30763
established under this division for a similar purpose.	30764

(2) As used in division (E) of this section:

30765

(a) "Criminal cause" means a charge alleging the violation of	30766
a statute or ordinance, or subsection of a statute or ordinance,	30767
that requires a separate finding of fact or a separate plea before	30768
disposition and of which the defendant may be found guilty,	30769
whether filed as part of a multiple charge on a single summons,	30770
citation, or complaint or as a separate charge on a single	30771
summons, citation, or complaint. "Criminal cause" does not include	30772
separate violations of the same statute or ordinance, or	30773
subsection of the same statute or ordinance, unless each charge is	30774
filed on a separate summons, citation, or complaint.	30775

(b) "Civil action or proceeding" means any civil litigation	30776
that must be determined by judgment entry.	30777

Sec. 2305.234. (A) As used in this section:

30778

(1) "Chiropractic claim," "medical claim," and "optometric	30779
claim" have the same meanings as in section 2305.113 of the	30780
Revised Code.	30781

(2) "Dental claim" has the same meaning as in section	30782
2305.113 of the Revised Code, except that it does not include any	30783
claim arising out of a dental operation or any derivative claim	30784
for relief that arises out of a dental operation.	30785

(3) "Governmental health care program" has the same meaning	30786
as in section 4731.65 of the Revised Code.	30787

(4) "Health care facility or location" means a hospital,	30788
clinic, ambulatory surgical facility, office of a health care	30789
professional or associated group of health care professionals,	30790
training institution for health care professionals, or any other	30791
place where medical, dental, or other health-related diagnosis,	30792
care, or treatment is provided to a person.	30793

(5) "Health care professional" means any of the following who	30794
provide medical, dental, or other health-related diagnosis, care,	30795
or treatment:	30796

(a) Physicians authorized under Chapter 4731. of the Revised	30797
Code to practice medicine and surgery or osteopathic medicine and	30798
surgery;	30799

(b) Registered nurses and licensed practical nurses licensed	30800
under Chapter 4723. of the Revised Code and individuals who hold a	30801
certificate of authority issued under that chapter that authorizes	30802
the practice of nursing as a certified registered nurse	30803
anesthetist, clinical nurse specialist, certified nurse-midwife,	30804
or certified nurse practitioner;	30805

(c) Physician assistants authorized to practice under Chapter	30806
4730. of the Revised Code;	30807

(d) Dentists and dental hygienists licensed under Chapter	30808
4715. of the Revised Code;	30809

(e) Physical therapists, physical therapist assistants,	30810
occupational therapists, and occupational therapy assistants	30811
licensed under Chapter 4755. of the Revised Code;	30812

(f) Chiropractors licensed under Chapter 4734. of the Revised	30813
Code;	30814

(g) Optometrists licensed under Chapter 4725. of the Revised	30815
Code;	30816

(h) Podiatrists authorized under Chapter 4731. of the Revised	30817
Code to practice podiatry;	30818

(i) Dietitians licensed under Chapter 4759. of the Revised	30819
Code;	30820

(j) Pharmacists licensed under Chapter 4729. of the Revised	30821
Code;	30822

(k) Emergency medical technicians-basic, emergency medical	30823
technicians-intermediate, and emergency medical	30824
technicians-paramedic, certified under Chapter 4765. of the	30825
Revised Code;	30826

(l) Respiratory care professionals licensed under Chapter	30827
4761. of the Revised Code;	30828

(m) Speech-language pathologists and audiologists licensed	30829
under Chapter 4753. of the Revised Code;	30830

(n) Professional clinical counselors, professional	30831
counselors, independent social workers, social workers,	30832
independent marriage and family therapists, and marriage and	30833
family therapists, licensed under Chapter 4757. of the Revised	30834
Code;	30835

(o) Psychologists licensed under Chapter 4732. of the Revised	30836
Code;	30837

(p) Independent chemical dependency counselors, chemical	30838
dependency counselors III, chemical dependency counselors II, and	30839
chemical dependency counselors I, licensed under Chapter 4758. of	30840
the Revised Code.	30841

(6) "Health care worker" means a person other than a health	30842
care professional who provides medical, dental, or other	30843
health-related care or treatment under the direction of a health	30844
care professional with the authority to direct that individual's	30845
activities, including medical technicians, medical assistants,	30846
dental assistants, orderlies, aides, and individuals acting in	30847
similar capacities.	30848

(7) "Indigent and uninsured person" means a person who meets	30849
all of the following requirements:	30850

(a) The person's income is not greater than two hundred per	30851
cent of the current poverty line as defined by the United States	30852
office of management and budget and revised in accordance with	30853
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	30854
95 Stat. 511, 42 U.S.C. 9902, as amended.	30855

(b) The person is not eligible ~~to receive medical assistance~~	30856
~~under Chapter 5111. of the Revised Code or assistance under~~for	30857
the medicaid program or any other governmental health care	30858
program.	30859

30860

(i) The person is not a policyholder, certificate holder,	30861
insured, contract holder, subscriber, enrollee, member,	30862
beneficiary, or other covered individual under a health insurance	30863
or health care policy, contract, or plan.	30864

(ii) The person is a policyholder, certificate holder,	30865
insured, contract holder, subscriber, enrollee, member,	30866
beneficiary, or other covered individual under a health insurance	30867
or health care policy, contract, or plan, but the insurer, policy,	30868
contract, or plan denies coverage or is the subject of insolvency	30869
or bankruptcy proceedings in any jurisdiction.	30870

(8) "Nonprofit health care referral organization" means an	30871
entity that is not operated for profit and refers patients to, or	30872
arranges for the provision of, health-related diagnosis, care, or	30873
treatment by a health care professional or health care worker.	30874

(9) "Operation" means any procedure that involves cutting or	30875
otherwise infiltrating human tissue by mechanical means, including	30876
surgery, laser surgery, ionizing radiation, therapeutic	30877
ultrasound, or the removal of intraocular foreign bodies.	30878
"Operation" does not include the administration of medication by	30879
injection, unless the injection is administered in conjunction	30880
with a procedure infiltrating human tissue by mechanical means	30881
other than the administration of medicine by injection.	30882
"Operation" does not include routine dental restorative	30883
procedures, the scaling of teeth, or extractions of teeth that are	30884
not impacted.	30885

(10) "Tort action" means a civil action for damages for	30886
injury, death, or loss to person or property other than a civil	30887
action for damages for a breach of contract or another agreement	30888
between persons or government entities.	30889

(11) "Volunteer" means an individual who provides any	30890
medical, dental, or other health-care related diagnosis, care, or	30891
treatment without the expectation of receiving and without receipt	30892
of any compensation or other form of remuneration from an indigent	30893
and uninsured person, another person on behalf of an indigent and	30894
uninsured person, any health care facility or location, any	30895
nonprofit health care referral organization, or any other person	30896
or government entity.	30897

(12) "Community control sanction" has the same meaning as in	30898
section 2929.01 of the Revised Code.	30899

(13) "Deep sedation" means a drug-induced depression of	30900
consciousness during which a patient cannot be easily aroused but	30901
responds purposefully following repeated or painful stimulation, a	30902
patient's ability to independently maintain ventilatory function	30903
may be impaired, a patient may require assistance in maintaining a	30904
patent airway and spontaneous ventilation may be inadequate, and	30905
cardiovascular function is usually maintained.	30906

(14) "General anesthesia" means a drug-induced loss of	30907
consciousness during which a patient is not arousable, even by	30908
painful stimulation, the ability to independently maintain	30909
ventilatory function is often impaired, a patient often requires	30910
assistance in maintaining a patent airway, positive pressure	30911
ventilation may be required because of depressed spontaneous	30912
ventilation or drug-induced depression of neuromuscular function,	30913
and cardiovascular function may be impaired.	30914

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	30915
health care professional who is a volunteer and complies with	30916
division (B)(2) of this section is not liable in damages to any	30917
person or government entity in a tort or other civil action,	30918
including an action on a medical, dental, chiropractic,	30919
optometric, or other health-related claim, for injury, death, or	30920
loss to person or property that allegedly arises from an action or	30921
omission of the volunteer in the provision to an indigent and	30922
uninsured person of medical, dental, or other health-related	30923
diagnosis, care, or treatment, including the provision of samples	30924
of medicine and other medical products, unless the action or	30925
omission constitutes willful or wanton misconduct.	30926

(2) To qualify for the immunity described in division (B)(1)	30927
of this section, a health care professional shall do all of the	30928
following prior to providing diagnosis, care, or treatment:	30929

(a) Determine, in good faith, that the indigent and uninsured	30930
person is mentally capable of giving informed consent to the	30931
provision of the diagnosis, care, or treatment and is not subject	30932
to duress or under undue influence;	30933

(b) Inform the person of the provisions of this section,	30934
including notifying the person that, by giving informed consent to	30935
the provision of the diagnosis, care, or treatment, the person	30936
cannot hold the health care professional liable for damages in a	30937
tort or other civil action, including an action on a medical,	30938
dental, chiropractic, optometric, or other health-related claim,	30939
unless the action or omission of the health care professional	30940
constitutes willful or wanton misconduct;	30941

(c) Obtain the informed consent of the person and a written	30942
waiver, signed by the person or by another individual on behalf of	30943
and in the presence of the person, that states that the person is	30944
mentally competent to give informed consent and, without being	30945
subject to duress or under undue influence, gives informed consent	30946
to the provision of the diagnosis, care, or treatment subject to	30947
the provisions of this section. A written waiver under division	30948
(B)(2)(c) of this section shall state clearly and in conspicuous	30949
type that the person or other individual who signs the waiver is	30950
signing it with full knowledge that, by giving informed consent to	30951
the provision of the diagnosis, care, or treatment, the person	30952
cannot bring a tort or other civil action, including an action on	30953
a medical, dental, chiropractic, optometric, or other	30954
health-related claim, against the health care professional unless	30955
the action or omission of the health care professional constitutes	30956
willful or wanton misconduct.	30957

(3) A physician or podiatrist who is not covered by medical	30958
malpractice insurance, but complies with division (B)(2) of this	30959
section, is not required to comply with division (A) of section	30960
4731.143 of the Revised Code.	30961

(C) Subject to divisions (F) and (G)(3) of this section,	30962
health care workers who are volunteers are not liable in damages	30963
to any person or government entity in a tort or other civil	30964
action, including an action upon a medical, dental, chiropractic,	30965
optometric, or other health-related claim, for injury, death, or	30966
loss to person or property that allegedly arises from an action or	30967
omission of the health care worker in the provision to an indigent	30968
and uninsured person of medical, dental, or other health-related	30969
diagnosis, care, or treatment, unless the action or omission	30970
constitutes willful or wanton misconduct.	30971

(D) Subject to divisions (F) and (G)(3) of this section, a	30972
nonprofit health care referral organization is not liable in	30973
damages to any person or government entity in a tort or other	30974
civil action, including an action on a medical, dental,	30975
chiropractic, optometric, or other health-related claim, for	30976
injury, death, or loss to person or property that allegedly arises	30977
from an action or omission of the nonprofit health care referral	30978
organization in referring indigent and uninsured persons to, or	30979
arranging for the provision of, medical, dental, or other	30980
health-related diagnosis, care, or treatment by a health care	30981
professional described in division (B)(1) of this section or a	30982
health care worker described in division (C) of this section,	30983
unless the action or omission constitutes willful or wanton	30984
misconduct.	30985

(E) Subject to divisions (F) and (G)(3) of this section and	30986
to the extent that the registration requirements of section	30987
3701.071 of the Revised Code apply, a health care facility or	30988
location associated with a health care professional described in	30989
division (B)(1) of this section, a health care worker described in	30990
division (C) of this section, or a nonprofit health care referral	30991
organization described in division (D) of this section is not	30992
liable in damages to any person or government entity in a tort or	30993
other civil action, including an action on a medical, dental,	30994
chiropractic, optometric, or other health-related claim, for	30995
injury, death, or loss to person or property that allegedly arises	30996
from an action or omission of the health care professional or	30997
worker or nonprofit health care referral organization relative to	30998
the medical, dental, or other health-related diagnosis, care, or	30999
treatment provided to an indigent and uninsured person on behalf	31000
of or at the health care facility or location, unless the action	31001
or omission constitutes willful or wanton misconduct.	31002

(F)(1) Except as provided in division (F)(2) of this section,	31003
the immunities provided by divisions (B), (C), (D), and (E) of	31004
this section are not available to a health care professional,	31005
health care worker, nonprofit health care referral organization,	31006
or health care facility or location if, at the time of an alleged	31007
injury, death, or loss to person or property, the health care	31008
professionals or health care workers involved are providing one of	31009
the following:	31010

(a) Any medical, dental, or other health-related diagnosis,	31011
care, or treatment pursuant to a community service work order	31012
entered by a court under division (B) of section 2951.02 of the	31013
Revised Code or imposed by a court as a community control	31014
sanction;	31015

(b) Performance of an operation to which any one of the	31016
following applies:	31017

(i) The operation requires the administration of deep	31018
sedation or general anesthesia.	31019

(ii) The operation is a procedure that is not typically	31020
performed in an office.	31021

(iii) The individual involved is a health care professional,	31022
and the operation is beyond the scope of practice or the	31023
education, training, and competence, as applicable, of the health	31024
care professional.	31025

(c) Delivery of a baby or any other purposeful termination of	31026
a human pregnancy.	31027

(2) Division (F)(1) of this section does not apply when a	31028
health care professional or health care worker provides medical,	31029
dental, or other health-related diagnosis, care, or treatment that	31030
is necessary to preserve the life of a person in a medical	31031
emergency.	31032

(G)(1) This section does not create a new cause of action or	31033
substantive legal right against a health care professional, health	31034
care worker, nonprofit health care referral organization, or	31035
health care facility or location.	31036

(2) This section does not affect any immunities from civil	31037
liability or defenses established by another section of the	31038
Revised Code or available at common law to which a health care	31039
professional, health care worker, nonprofit health care referral	31040
organization, or health care facility or location may be entitled	31041
in connection with the provision of emergency or other medical,	31042
dental, or other health-related diagnosis, care, or treatment.	31043

(3) This section does not grant an immunity from tort or	31044
other civil liability to a health care professional, health care	31045
worker, nonprofit health care referral organization, or health	31046
care facility or location for actions that are outside the scope	31047
of authority of health care professionals or health care workers.	31048

(4) This section does not affect any legal responsibility of	31049
a health care professional, health care worker, or nonprofit	31050
health care referral organization to comply with any applicable	31051
law of this state or rule of an agency of this state.	31052

(5) This section does not affect any legal responsibility of	31053
a health care facility or location to comply with any applicable	31054
law of this state, rule of an agency of this state, or local code,	31055
ordinance, or regulation that pertains to or regulates building,	31056
housing, air pollution, water pollution, sanitation, health, fire,	31057
zoning, or safety.	31058

Sec. 2307.65. (A) The attorney general may bring a civil	31059
action in the Franklin county court of common pleas on behalf of	31060
the department of ~~job and family services~~medicaid, and the	31061
prosecuting attorney of the county in which a violation of	31062
division (B) of section 2913.401 of the Revised Code occurs may	31063
bring a civil action in the court of common pleas of that county	31064
on behalf of the county department of job and family services,	31065
against a person who violates division (B) of section 2913.401 of	31066
the Revised Code for the recovery of the amount of benefits paid	31067
on behalf of a person that either department would not have paid	31068
but for the violation minus any amounts paid in restitution under	31069
division (C)(2) of section 2913.401 of the Revised Code and for	31070
reasonable attorney's fees and all other fees and costs of	31071
litigation.	31072

(B) In a civil action brought under division (A) of this	31073
section, if the defendant failed to disclose a transfer of	31074
property in violation of division (B)(3) of section 2913.401 of	31075
the Revised Code, the court may also grant any of the following	31076
relief to the extent permitted by the "Social Security Act,"	31077
section 1917, 42 U.S.C. 1396p:	31078

(1) Avoidance of the transfer of property that was not	31079
disclosed in violation of division (B)(3) of section 2913.401 of	31080
the Revised Code to the extent of the amount of benefits the	31081
department would not have paid but for the violation;	31082

(2) An order of attachment or garnishment against the	31083
property in accordance with Chapter 2715. or 2716. of the Revised	31084
Code;	31085

(3) An injunction against any further disposition by the	31086
transferor or transferee, or both, of the property the transfer of	31087
which was not disclosed in violation of division (B)(3) of section	31088
2913.401 of the Revised Code or against the disposition of other	31089
property by the transferor or transferee;	31090

(4) Appointment of a receiver to take charge of the property	31091
transferred or of other property of the transferee;	31092

(5) Any other relief that the court considers just and	31093
equitable.	31094

(C) To the extent permitted by the "Social Security Act,"	31095
section 1917, 42 U.S.C. 1396p, the department of ~~job and family~~	31096
~~services~~medicaid or the county department of job and family	31097
services may enforce a judgment obtained under this section by	31098
levying on property the transfer of which was not disclosed in	31099
violation of division (B)(3) of section 2913.401 of the Revised	31100
Code or on the proceeds of the transfer of that property in	31101
accordance with Chapter 2329. of the Revised Code.	31102

(D) The remedies provided in divisions (B) and (C) of this	31103
section do not apply if the transferee of the property the	31104
transfer of which was not disclosed in violation of division	31105
(B)(3) of section 2913.401 of the Revised Code acquired the	31106
property in good faith and for fair market value.	31107

(E) The remedies provided in this section are not exclusive	31108
and do not preclude the use of any other criminal or civil remedy	31109
for any act that is in violation of section 2913.401 of the	31110
Revised Code.	31111

(F) Amounts of medicaid ~~benefits~~services paid and recovered	31112
in an action brought under this section shall be credited to the	31113
general revenue fund, and any applicable federal share shall be	31114
returned to the appropriate agency or department of the United	31115
States.	31116

Sec. 2317.02. The following persons shall not testify in	31117
certain respects:	31118

(A)(1) An attorney, concerning a communication made to the	31119
attorney by a client in that relation or concerning the attorney's	31120
advice to a client, except that the attorney may testify by	31121
express consent of the client or, if the client is deceased, by	31122
the express consent of the surviving spouse or the executor or	31123
administrator of the estate of the deceased client. However, if	31124
the client voluntarily reveals the substance of attorney-client	31125
communications in a nonprivileged context or is deemed by section	31126
2151.421 of the Revised Code to have waived any testimonial	31127
privilege under this division, the attorney may be compelled to	31128
testify on the same subject.	31129

The testimonial privilege established under this division	31130
does not apply concerning a communication between a client who has	31131
since died and the deceased client's attorney if the communication	31132
is relevant to a dispute between parties who claim through that	31133
deceased client, regardless of whether the claims are by testate	31134
or intestate succession or by inter vivos transaction, and the	31135
dispute addresses the competency of the deceased client when the	31136
deceased client executed a document that is the basis of the	31137
dispute or whether the deceased client was a victim of fraud,	31138
undue influence, or duress when the deceased client executed a	31139
document that is the basis of the dispute.	31140

(2) An attorney, concerning a communication made to the	31141
attorney by a client in that relationship or the attorney's advice	31142
to a client, except that if the client is an insurance company,	31143
the attorney may be compelled to testify, subject to an in camera	31144
inspection by a court, about communications made by the client to	31145
the attorney or by the attorney to the client that are related to	31146
the attorney's aiding or furthering an ongoing or future	31147
commission of bad faith by the client, if the party seeking	31148
disclosure of the communications has made a prima-facie showing of	31149
bad faith, fraud, or criminal misconduct by the client.	31150

(B)(1) A physician or a dentist concerning a communication	31151
made to the physician or dentist by a patient in that relation or	31152
the physician's or dentist's advice to a patient, except as	31153
otherwise provided in this division, division (B)(2), and division	31154
(B)(3) of this section, and except that, if the patient is deemed	31155
by section 2151.421 of the Revised Code to have waived any	31156
testimonial privilege under this division, the physician may be	31157
compelled to testify on the same subject.	31158

The testimonial privilege established under this division	31159
does not apply, and a physician or dentist may testify or may be	31160
compelled to testify, in any of the following circumstances:	31161

(a) In any civil action, in accordance with the discovery	31162
provisions of the Rules of Civil Procedure in connection with a	31163
civil action, or in connection with a claim under Chapter 4123. of	31164
the Revised Code, under any of the following circumstances:	31165

(i) If the patient or the guardian or other legal	31166
representative of the patient gives express consent;	31167

(ii) If the patient is deceased, the spouse of the patient or	31168
the executor or administrator of the patient's estate gives	31169
express consent;	31170

(iii) If a medical claim, dental claim, chiropractic claim,	31171
or optometric claim, as defined in section 2305.113 of the Revised	31172
Code, an action for wrongful death, any other type of civil	31173
action, or a claim under Chapter 4123. of the Revised Code is	31174
filed by the patient, the personal representative of the estate of	31175
the patient if deceased, or the patient's guardian or other legal	31176
representative.	31177

(b) In any civil action concerning court-ordered treatment or	31178
services received by a patient, if the court-ordered treatment or	31179
services were ordered as part of a case plan journalized under	31180
section 2151.412 of the Revised Code or the court-ordered	31181
treatment or services are necessary or relevant to dependency,	31182
neglect, or abuse or temporary or permanent custody proceedings	31183
under Chapter 2151. of the Revised Code.	31184

(c) In any criminal action concerning any test or the results	31185
of any test that determines the presence or concentration of	31186
alcohol, a drug of abuse, a combination of them, a controlled	31187
substance, or a metabolite of a controlled substance in the	31188
patient's whole blood, blood serum or plasma, breath, urine, or	31189
other bodily substance at any time relevant to the criminal	31190
offense in question.	31191

(d) In any criminal action against a physician or dentist. In	31192
such an action, the testimonial privilege established under this	31193
division does not prohibit the admission into evidence, in	31194
accordance with the Rules of Evidence, of a patient's medical or	31195
dental records or other communications between a patient and the	31196
physician or dentist that are related to the action and obtained	31197
by subpoena, search warrant, or other lawful means. A court that	31198
permits or compels a physician or dentist to testify in such an	31199
action or permits the introduction into evidence of patient	31200
records or other communications in such an action shall require	31201
that appropriate measures be taken to ensure that the	31202
confidentiality of any patient named or otherwise identified in	31203
the records is maintained. Measures to ensure confidentiality that	31204
may be taken by the court include sealing its records or deleting	31205
specific information from its records.	31206

(e)(i) If the communication was between a patient who has	31207
since died and the deceased patient's physician or dentist, the	31208
communication is relevant to a dispute between parties who claim	31209
through that deceased patient, regardless of whether the claims	31210
are by testate or intestate succession or by inter vivos	31211
transaction, and the dispute addresses the competency of the	31212
deceased patient when the deceased patient executed a document	31213
that is the basis of the dispute or whether the deceased patient	31214
was a victim of fraud, undue influence, or duress when the	31215
deceased patient executed a document that is the basis of the	31216
dispute.	31217

(ii) If neither the spouse of a patient nor the executor or	31218
administrator of that patient's estate gives consent under	31219
division (B)(1)(a)(ii) of this section, testimony or the	31220
disclosure of the patient's medical records by a physician,	31221
dentist, or other health care provider under division (B)(1)(e)(i)	31222
of this section is a permitted use or disclosure of protected	31223
health information, as defined in 45 C.F.R. 160.103, and an	31224
authorization or opportunity to be heard shall not be required.	31225

(iii) Division (B)(1)(e)(i) of this section does not require	31226
a mental health professional to disclose psychotherapy notes, as	31227
defined in 45 C.F.R. 164.501.	31228

(iv) An interested person who objects to testimony or	31229
disclosure under division (B)(1)(e)(i) of this section may seek a	31230
protective order pursuant to Civil Rule 26.	31231

(v) A person to whom protected health information is	31232
disclosed under division (B)(1)(e)(i) of this section shall not	31233
use or disclose the protected health information for any purpose	31234
other than the litigation or proceeding for which the information	31235
was requested and shall return the protected health information to	31236
the covered entity or destroy the protected health information,	31237
including all copies made, at the conclusion of the litigation or	31238
proceeding.	31239

(2)(a) If any law enforcement officer submits a written	31240
statement to a health care provider that states that an official	31241
criminal investigation has begun regarding a specified person or	31242
that a criminal action or proceeding has been commenced against a	31243
specified person, that requests the provider to supply to the	31244
officer copies of any records the provider possesses that pertain	31245
to any test or the results of any test administered to the	31246
specified person to determine the presence or concentration of	31247
alcohol, a drug of abuse, a combination of them, a controlled	31248
substance, or a metabolite of a controlled substance in the	31249
person's whole blood, blood serum or plasma, breath, or urine at	31250
any time relevant to the criminal offense in question, and that	31251
conforms to section 2317.022 of the Revised Code, the provider,	31252
except to the extent specifically prohibited by any law of this	31253
state or of the United States, shall supply to the officer a copy	31254
of any of the requested records the provider possesses. If the	31255
health care provider does not possess any of the requested	31256
records, the provider shall give the officer a written statement	31257
that indicates that the provider does not possess any of the	31258
requested records.	31259

(b) If a health care provider possesses any records of the	31260
type described in division (B)(2)(a) of this section regarding the	31261
person in question at any time relevant to the criminal offense in	31262
question, in lieu of personally testifying as to the results of	31263
the test in question, the custodian of the records may submit a	31264
certified copy of the records, and, upon its submission, the	31265
certified copy is qualified as authentic evidence and may be	31266
admitted as evidence in accordance with the Rules of Evidence.	31267
Division (A) of section 2317.422 of the Revised Code does not	31268
apply to any certified copy of records submitted in accordance	31269
with this division. Nothing in this division shall be construed to	31270
limit the right of any party to call as a witness the person who	31271
administered the test to which the records pertain, the person	31272
under whose supervision the test was administered, the custodian	31273
of the records, the person who made the records, or the person	31274
under whose supervision the records were made.	31275

(3)(a) If the testimonial privilege described in division	31276
(B)(1) of this section does not apply as provided in division	31277
(B)(1)(a)(iii) of this section, a physician or dentist may be	31278
compelled to testify or to submit to discovery under the Rules of	31279
Civil Procedure only as to a communication made to the physician	31280
or dentist by the patient in question in that relation, or the	31281
physician's or dentist's advice to the patient in question, that	31282
related causally or historically to physical or mental injuries	31283
that are relevant to issues in the medical claim, dental claim,	31284
chiropractic claim, or optometric claim, action for wrongful	31285
death, other civil action, or claim under Chapter 4123. of the	31286
Revised Code.	31287

(b) If the testimonial privilege described in division (B)(1)	31288
of this section does not apply to a physician or dentist as	31289
provided in division (B)(1)(c) of this section, the physician or	31290
dentist, in lieu of personally testifying as to the results of the	31291
test in question, may submit a certified copy of those results,	31292
and, upon its submission, the certified copy is qualified as	31293
authentic evidence and may be admitted as evidence in accordance	31294
with the Rules of Evidence. Division (A) of section 2317.422 of	31295
the Revised Code does not apply to any certified copy of results	31296
submitted in accordance with this division. Nothing in this	31297
division shall be construed to limit the right of any party to	31298
call as a witness the person who administered the test in	31299
question, the person under whose supervision the test was	31300
administered, the custodian of the results of the test, the person	31301
who compiled the results, or the person under whose supervision	31302
the results were compiled.	31303

(4) The testimonial privilege described in division (B)(1) of	31304
this section is not waived when a communication is made by a	31305
physician to a pharmacist or when there is communication between a	31306
patient and a pharmacist in furtherance of the physician-patient	31307
relation.	31308

(5)(a) As used in divisions (B)(1) to (4) of this section,	31309
"communication" means acquiring, recording, or transmitting any	31310
information, in any manner, concerning any facts, opinions, or	31311
statements necessary to enable a physician or dentist to diagnose,	31312
treat, prescribe, or act for a patient. A "communication" may	31313
include, but is not limited to, any medical or dental, office, or	31314
hospital communication such as a record, chart, letter,	31315
memorandum, laboratory test and results, x-ray, photograph,	31316
financial statement, diagnosis, or prognosis.	31317

(b) As used in division (B)(2) of this section, "health care	31318
provider" means a hospital, ambulatory care facility, long-term	31319
care facility, pharmacy, emergency facility, or health care	31320
practitioner.	31321

31322

(i) "Ambulatory care facility" means a facility that provides	31323
medical, diagnostic, or surgical treatment to patients who do not	31324
require hospitalization, including a dialysis center, ambulatory	31325
surgical facility, cardiac catheterization facility, diagnostic	31326
imaging center, extracorporeal shock wave lithotripsy center, home	31327
health agency, inpatient hospice, birthing center, radiation	31328
therapy center, emergency facility, and an urgent care center.	31329
"Ambulatory health care facility" does not include the private	31330
office of a physician or dentist, whether the office is for an	31331
individual or group practice.	31332

(ii) "Emergency facility" means a hospital emergency	31333
department or any other facility that provides emergency medical	31334
services.	31335

(iii) "Health care practitioner" has the same meaning as in	31336
section 4769.01 of the Revised Code.	31337

(iv) "Hospital" has the same meaning as in section 3727.01 of	31338
the Revised Code.	31339

(v) "Long-term care facility" means a nursing home,	31340
residential care facility, or home for the aging, as those terms	31341
are defined in section 3721.01 of the Revised Code; a residential	31342
facility licensed under section ~~5119.22~~5119.34 of the Revised	31343
Code that provides accommodations, supervision, and personal care	31344
services for three to sixteen unrelated adults; a nursing facility	31345
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	31346
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	31347
a ~~facility or portion of a facility certified as a~~ skilled	31348
nursing facility ~~under Title XVIII of the "Social Security Act,"~~	31349
~~49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in	31350
section 5165.01 of the Revised Code; and an intermediate care	31351
facility for the mentally retarded, as defined in section 5124.01	31352
of the Revised Code.	31353

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	31354
the Revised Code.	31355

(d) As used in divisions (B)(1) and (2) of this section,	31356
"drug of abuse" has the same meaning as in section 4506.01 of the	31357
Revised Code.	31358

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	31359
apply to doctors of medicine, doctors of osteopathic medicine,	31360
doctors of podiatry, and dentists.	31361

(7) Nothing in divisions (B)(1) to (6) of this section	31362
affects, or shall be construed as affecting, the immunity from	31363
civil liability conferred by section 307.628 of the Revised Code	31364
or the immunity from civil liability conferred by section 2305.33	31365
of the Revised Code upon physicians who report an employee's use	31366
of a drug of abuse, or a condition of an employee other than one	31367
involving the use of a drug of abuse, to the employer of the	31368
employee in accordance with division (B) of that section. As used	31369
in division (B)(7) of this section, "employee," "employer," and	31370
"physician" have the same meanings as in section 2305.33 of the	31371
Revised Code.	31372

(C)(1) A cleric, when the cleric remains accountable to the	31373
authority of that cleric's church, denomination, or sect,	31374
concerning a confession made, or any information confidentially	31375
communicated, to the cleric for a religious counseling purpose in	31376
the cleric's professional character. The cleric may testify by	31377
express consent of the person making the communication, except	31378
when the disclosure of the information is in violation of a sacred	31379
trust and except that, if the person voluntarily testifies or is	31380
deemed by division (A)(4)(c) of section 2151.421 of the Revised	31381
Code to have waived any testimonial privilege under this division,	31382
the cleric may be compelled to testify on the same subject except	31383
when disclosure of the information is in violation of a sacred	31384
trust.	31385

(2) As used in division (C) of this section:

31386

(a) "Cleric" means a member of the clergy, rabbi, priest,	31387
Christian Science practitioner, or regularly ordained, accredited,	31388
or licensed minister of an established and legally cognizable	31389
church, denomination, or sect.	31390

(b) "Sacred trust" means a confession or confidential	31391
communication made to a cleric in the cleric's ecclesiastical	31392
capacity in the course of discipline enjoined by the church to	31393
which the cleric belongs, including, but not limited to, the	31394
Catholic Church, if both of the following apply:	31395

(i) The confession or confidential communication was made	31396
directly to the cleric.	31397

(ii) The confession or confidential communication was made in	31398
the manner and context that places the cleric specifically and	31399
strictly under a level of confidentiality that is considered	31400
inviolate by canon law or church doctrine.	31401

(D) Husband or wife, concerning any communication made by one	31402
to the other, or an act done by either in the presence of the	31403
other, during coverture, unless the communication was made, or act	31404
done, in the known presence or hearing of a third person competent	31405
to be a witness; and such rule is the same if the marital relation	31406
has ceased to exist;	31407

(E) A person who assigns a claim or interest, concerning any	31408
matter in respect to which the person would not, if a party, be	31409
permitted to testify;	31410

(F) A person who, if a party, would be restricted under	31411
section 2317.03 of the Revised Code, when the property or thing is	31412
sold or transferred by an executor, administrator, guardian,	31413
trustee, heir, devisee, or legatee, shall be restricted in the	31414
same manner in any action or proceeding concerning the property or	31415
thing.	31416

(G)(1) A school guidance counselor who holds a valid educator	31417
license from the state board of education as provided for in	31418
section 3319.22 of the Revised Code, a person licensed under	31419
Chapter 4757. of the Revised Code as a professional clinical	31420
counselor, professional counselor, social worker, independent	31421
social worker, marriage and family therapist or independent	31422
marriage and family therapist, or registered under Chapter 4757.	31423
of the Revised Code as a social work assistant concerning a	31424
confidential communication received from a client in that relation	31425
or the person's advice to a client unless any of the following	31426
applies:	31427

(a) The communication or advice indicates clear and present	31428
danger to the client or other persons. For the purposes of this	31429
division, cases in which there are indications of present or past	31430
child abuse or neglect of the client constitute a clear and	31431
present danger.	31432

(b) The client gives express consent to the testimony.

31433

(c) If the client is deceased, the surviving spouse or the	31434
executor or administrator of the estate of the deceased client	31435
gives express consent.	31436

(d) The client voluntarily testifies, in which case the	31437
school guidance counselor or person licensed or registered under	31438
Chapter 4757. of the Revised Code may be compelled to testify on	31439
the same subject.	31440

(e) The court in camera determines that the information	31441
communicated by the client is not germane to the counselor-client,	31442
marriage and family therapist-client, or social worker-client	31443
relationship.	31444

(f) A court, in an action brought against a school, its	31445
administration, or any of its personnel by the client, rules after	31446
an in-camera inspection that the testimony of the school guidance	31447
counselor is relevant to that action.	31448

(g) The testimony is sought in a civil action and concerns	31449
court-ordered treatment or services received by a patient as part	31450
of a case plan journalized under section 2151.412 of the Revised	31451
Code or the court-ordered treatment or services are necessary or	31452
relevant to dependency, neglect, or abuse or temporary or	31453
permanent custody proceedings under Chapter 2151. of the Revised	31454
Code.	31455

(2) Nothing in division (G)(1) of this section shall relieve	31456
a school guidance counselor or a person licensed or registered	31457
under Chapter 4757. of the Revised Code from the requirement to	31458
report information concerning child abuse or neglect under section	31459
2151.421 of the Revised Code.	31460

(H) A mediator acting under a mediation order issued under	31461
division (A) of section 3109.052 of the Revised Code or otherwise	31462
issued in any proceeding for divorce, dissolution, legal	31463
separation, annulment, or the allocation of parental rights and	31464
responsibilities for the care of children, in any action or	31465
proceeding, other than a criminal, delinquency, child abuse, child	31466
neglect, or dependent child action or proceeding, that is brought	31467
by or against either parent who takes part in mediation in	31468
accordance with the order and that pertains to the mediation	31469
process, to any information discussed or presented in the	31470
mediation process, to the allocation of parental rights and	31471
responsibilities for the care of the parents' children, or to the	31472
awarding of parenting time rights in relation to their children;	31473

(I) A communications assistant, acting within the scope of	31474
the communication assistant's authority, when providing	31475
telecommunications relay service pursuant to section 4931.06 of	31476
the Revised Code or Title II of the "Communications Act of 1934,"	31477
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	31478
made through a telecommunications relay service. Nothing in this	31479
section shall limit the obligation of a communications assistant	31480
to divulge information or testify when mandated by federal law or	31481
regulation or pursuant to subpoena in a criminal proceeding.	31482

Nothing in this section shall limit any immunity or privilege	31483
granted under federal law or regulation.	31484

(J)(1) A chiropractor in a civil proceeding concerning a	31485
communication made to the chiropractor by a patient in that	31486
relation or the chiropractor's advice to a patient, except as	31487
otherwise provided in this division. The testimonial privilege	31488
established under this division does not apply, and a chiropractor	31489
may testify or may be compelled to testify, in any civil action,	31490
in accordance with the discovery provisions of the Rules of Civil	31491
Procedure in connection with a civil action, or in connection with	31492
a claim under Chapter 4123. of the Revised Code, under any of the	31493
following circumstances:	31494

(a) If the patient or the guardian or other legal	31495
representative of the patient gives express consent.	31496

(b) If the patient is deceased, the spouse of the patient or	31497
the executor or administrator of the patient's estate gives	31498
express consent.	31499

(c) If a medical claim, dental claim, chiropractic claim, or	31500
optometric claim, as defined in section 2305.113 of the Revised	31501
Code, an action for wrongful death, any other type of civil	31502
action, or a claim under Chapter 4123. of the Revised Code is	31503
filed by the patient, the personal representative of the estate of	31504
the patient if deceased, or the patient's guardian or other legal	31505
representative.	31506

(2) If the testimonial privilege described in division (J)(1)	31507
of this section does not apply as provided in division (J)(1)(c)	31508
of this section, a chiropractor may be compelled to testify or to	31509
submit to discovery under the Rules of Civil Procedure only as to	31510
a communication made to the chiropractor by the patient in	31511
question in that relation, or the chiropractor's advice to the	31512
patient in question, that related causally or historically to	31513
physical or mental injuries that are relevant to issues in the	31514
medical claim, dental claim, chiropractic claim, or optometric	31515
claim, action for wrongful death, other civil action, or claim	31516
under Chapter 4123. of the Revised Code.	31517

(3) The testimonial privilege established under this division	31518
does not apply, and a chiropractor may testify or be compelled to	31519
testify, in any criminal action or administrative proceeding.	31520

(4) As used in this division, "communication" means	31521
acquiring, recording, or transmitting any information, in any	31522
manner, concerning any facts, opinions, or statements necessary to	31523
enable a chiropractor to diagnose, treat, or act for a patient. A	31524
communication may include, but is not limited to, any	31525
chiropractic, office, or hospital communication such as a record,	31526
chart, letter, memorandum, laboratory test and results, x-ray,	31527
photograph, financial statement, diagnosis, or prognosis.	31528

(K)(1) Except as provided under division (K)(2) of this	31529
section, a critical incident stress management team member	31530
concerning a communication received from an individual who	31531
receives crisis response services from the team member, or the	31532
team member's advice to the individual, during a debriefing	31533
session.	31534

(2) The testimonial privilege established under division	31535
(K)(1) of this section does not apply if any of the following are	31536
true:	31537

(a) The communication or advice indicates clear and present	31538
danger to the individual who receives crisis response services or	31539
to other persons. For purposes of this division, cases in which	31540
there are indications of present or past child abuse or neglect of	31541
the individual constitute a clear and present danger.	31542

(b) The individual who received crisis response services	31543
gives express consent to the testimony.	31544

(c) If the individual who received crisis response services	31545
is deceased, the surviving spouse or the executor or administrator	31546
of the estate of the deceased individual gives express consent.	31547

(d) The individual who received crisis response services	31548
voluntarily testifies, in which case the team member may be	31549
compelled to testify on the same subject.	31550

(e) The court in camera determines that the information	31551
communicated by the individual who received crisis response	31552
services is not germane to the relationship between the individual	31553
and the team member.	31554

(f) The communication or advice pertains or is related to any	31555
criminal act.	31556

(3) As used in division (K) of this section:

31557

(a) "Crisis response services" means consultation, risk	31558
assessment, referral, and on-site crisis intervention services	31559
provided by a critical incident stress management team to	31560
individuals affected by crisis or disaster.	31561

(b) "Critical incident stress management team member" or	31562
"team member" means an individual specially trained to provide	31563
crisis response services as a member of an organized community or	31564
local crisis response team that holds membership in the Ohio	31565
critical incident stress management network.	31566

(c) "Debriefing session" means a session at which crisis	31567
response services are rendered by a critical incident stress	31568
management team member during or after a crisis or disaster.	31569

(L)(1) Subject to division (L)(2) of this section and except	31570
as provided in division (L)(3) of this section, an employee	31571
assistance professional, concerning a communication made to the	31572
employee assistance professional by a client in the employee	31573
assistance professional's official capacity as an employee	31574
assistance professional.	31575

(2) Division (L)(1) of this section applies to an employee	31576
assistance professional who meets either or both of the following	31577
requirements:	31578

(a) Is certified by the employee assistance certification	31579
commission to engage in the employee assistance profession;	31580

(b) Has education, training, and experience in all of the	31581
following:	31582

(i) Providing workplace-based services designed to address	31583
employer and employee productivity issues;	31584

(ii) Providing assistance to employees and employees'	31585
dependents in identifying and finding the means to resolve	31586
personal problems that affect the employees or the employees'	31587
performance;	31588

(iii) Identifying and resolving productivity problems	31589
associated with an employee's concerns about any of the following	31590
matters: health, marriage, family, finances, substance abuse or	31591
other addiction, workplace, law, and emotional issues;	31592

(iv) Selecting and evaluating available community resources;

31593

(v) Making appropriate referrals;

31594

(vi) Local and national employee assistance agreements;

31595

(vii) Client confidentiality.

31596

(3) Division (L)(1) of this section does not apply to any of	31597
the following:	31598

(a) A criminal action or proceeding involving an offense	31599
under sections 2903.01 to 2903.06 of the Revised Code if the	31600
employee assistance professional's disclosure or testimony relates	31601
directly to the facts or immediate circumstances of the offense;	31602

(b) A communication made by a client to an employee	31603
assistance professional that reveals the contemplation or	31604
commission of a crime or serious, harmful act;	31605

(c) A communication that is made by a client who is an	31606
unemancipated minor or an adult adjudicated to be incompetent and	31607
indicates that the client was the victim of a crime or abuse;	31608

(d) A civil proceeding to determine an individual's mental	31609
competency or a criminal action in which a plea of not guilty by	31610
reason of insanity is entered;	31611

(e) A civil or criminal malpractice action brought against	31612
the employee assistance professional;	31613

(f) When the employee assistance professional has the express	31614
consent of the client or, if the client is deceased or disabled,	31615
the client's legal representative;	31616

(g) When the testimonial privilege otherwise provided by	31617
division (L)(1) of this section is abrogated under law.	31618

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	31619
2317.41 of the Revised Code but subject to division (B) of this	31620
section, the records, or copies or photographs of the records, of	31621
a hospital, homes required to be licensed pursuant to section	31622
3721.01 of the Revised Code, and residential facilities licensed	31623
pursuant to section ~~5119.22~~5119.34 of the Revised Code that	31624
provides accommodations, supervision, and personal care services	31625
for three to sixteen unrelated adults, in lieu of the testimony in	31626
open court of their custodian, person who made them, or person	31627
under whose supervision they were made, may be qualified as	31628
authentic evidence if any such person endorses thereon the	31629
person's verified certification identifying such records, giving	31630
the mode and time of their preparation, and stating that they were	31631
prepared in the usual course of the business of the institution.	31632
Such records, copies, or photographs may not be qualified by	31633
certification as provided in this section unless the party	31634
intending to offer them delivers a copy of them, or of their	31635
relevant portions, to the attorney of record for each adverse	31636
party not less than five days before trial. Nothing in this	31637
section shall be construed to limit the right of any party to call	31638
the custodian, person who made such records, or person under whose	31639
supervision they were made, as a witness.	31640

(B) Division (A) of this section does not apply to any	31641
certified copy of the results of any test given to determine the	31642
presence or concentration of alcohol, a drug of abuse, a	31643
combination of them, a controlled substance, or a metabolite of a	31644
controlled substance in a patient's whole blood, blood serum or	31645
plasma, breath, or urine at any time relevant to a criminal	31646
offense that is submitted in a criminal action or proceeding in	31647
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	31648
of the Revised Code.	31649

Sec. 2329.192. (A) As used in this section:

31650

(1) "State lien" means a lien upon real estate, including	31651
lands and tenements, of persons indebted to the state for debt,	31652
taxes, or in any other manner recorded by a state agency in any	31653
office of the clerk of a county court or the county recorder.	31654

(2) "State lienholder" means the department, agency, or other	31655
division of the state in whose name a state lien has been filed or	31656
recorded.	31657

(B) In every action seeking the judicial sale of real estate	31658
that is subject to a state lien, all of the following apply:	31659

(1) The party seeking a judicial sale shall include the state	31660
lienholder as a party defendant and shall serve that state	31661
lienholder with a copy of the preliminary judicial report or	31662
commitment for an owner's fee policy of title insurance filed in	31663
accordance with section 2329.191 of the Revised Code.	31664

(2) A state lienholder shall not be made a party defendant if	31665
no state lien has been recorded against the owner of the real	31666
estate for which the judicial sale is sought.	31667

(3) The appearance of the state lienholder shall be presumed	31668
for purposes of jurisdiction, and the court shall take judicial	31669
notice that the state has a lien against the real estate.	31670

(4) A state lienholder may, but is not required to, file an	31671
answer to the complaint or any other pleading in the action if the	31672
amount, validity, or priority of the state lien is not identified	31673
in the pleadings as disputed and shall file an answer to the	31674
complaint or any other pleading in the action if the amount,	31675
validity, or priority of the state lien is identified in the	31676
pleadings as disputed. If a state lien is not identified as	31677
disputed, unless the state files an answer or other responsive	31678
pleading, the party seeking the judicial sale is not required to	31679
serve the state lienholder with any answer or subsequent pleadings	31680
in the action for judicial sale.	31681

(5) As part of any order confirming the sale of the real	31682
estate that is subject to any undisputed state lien or	31683
distributing the proceeds of any judicial sale of real estate, the	31684
undisputed state lien shall be protected as if the state had	31685
appeared in the action and filed an answer asserting the validity	31686
of the state lien as recorded in the office of the clerk of the	31687
county court or the office of the county recorder.	31688

(6) Any party asserting a dispute as to the amount, validity,	31689
or priority of the state lien or of any lien or other interest	31690
that has priority over the state lien shall serve the state	31691
lienholder and the attorney general with notice of the dispute,	31692
and the state lienholder shall be permitted to file a responsive	31693
pleading and participate in the proceedings as if the state	31694
lienholder had been served with a summons on the date the state	31695
lienholder received notice of the dispute.	31696

(C) Upon the judicial sale of the real estate that is the	31697
subject of an action under division (B) of this section, the	31698
interest of any undisputed state lien shall transfer to the	31699
proceeds of the sale of the real estate, and the state lienholder	31700
shall be entitled to payment from the proceeds of the sale of the	31701
real estate in accordance with the state lienholder's priority as	31702
set forth in the final judicial report or commitment for an	31703
owner's fee policy of title insurance filed in accordance with	31704
section 2329.191 of the Revised Code.	31705

Sec. 2505.02. (A) As used in this section:

31706

(1) "Substantial right" means a right that the United States	31707
Constitution, the Ohio Constitution, a statute, the common law, or	31708
a rule of procedure entitles a person to enforce or protect.	31709

(2) "Special proceeding" means an action or proceeding that	31710
is specially created by statute and that prior to 1853 was not	31711
denoted as an action at law or a suit in equity.	31712

(3) "Provisional remedy" means a proceeding ancillary to an	31713
action, including, but not limited to, a proceeding for a	31714
preliminary injunction, attachment, discovery of privileged	31715
matter, suppression of evidence, a prima-facie showing pursuant to	31716
section 2307.85 or 2307.86 of the Revised Code, a prima-facie	31717
showing pursuant to section 2307.92 of the Revised Code, or a	31718
finding made pursuant to division (A)(3) of section 2307.93 of the	31719
Revised Code.	31720

(B) An order is a final order that may be reviewed, affirmed,	31721
modified, or reversed, with or without retrial, when it is one of	31722
the following:	31723

(1) An order that affects a substantial right in an action	31724
that in effect determines the action and prevents a judgment;	31725

(2) An order that affects a substantial right made in a	31726
special proceeding or upon a summary application in an action	31727
after judgment;	31728

(3) An order that vacates or sets aside a judgment or grants	31729
a new trial;	31730

(4) An order that grants or denies a provisional remedy and	31731
to which both of the following apply:	31732

(a) The order in effect determines the action with respect to	31733
the provisional remedy and prevents a judgment in the action in	31734
favor of the appealing party with respect to the provisional	31735
remedy.	31736

(b) The appealing party would not be afforded a meaningful or	31737
effective remedy by an appeal following final judgment as to all	31738
proceedings, issues, claims, and parties in the action.	31739

(5) An order that determines that an action may or may not be	31740
maintained as a class action;	31741

(6) An order determining the constitutionality of any changes	31742
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	31743
assembly, including the amendment of sections 1751.67, 2117.06,	31744
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	31745
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	31746
3923.64, 4705.15, and 5111.018 (renumbered as 5164.07 by H.B. 59	31747
of the 130th general assembly), and the enactment of sections	31748
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any	31749
changes made by Sub. S.B. 80 of the 125th general assembly,	31750
including the amendment of sections 2125.02, 2305.10, 2305.131,	31751
2315.18, 2315.19, and 2315.21 of the Revised Code;	31752

(7) An order in an appropriation proceeding that may be	31753
appealed pursuant to division (B)(3) of section 163.09 of the	31754
Revised Code.	31755

(C) When a court issues an order that vacates or sets aside a	31756
judgment or grants a new trial, the court, upon the request of	31757
either party, shall state in the order the grounds upon which the	31758
new trial is granted or the judgment vacated or set aside.	31759

(D) This section applies to and governs any action, including	31760
an appeal, that is pending in any court on July 22, 1998, and all	31761
claims filed or actions commenced on or after July 22, 1998,	31762
notwithstanding any provision of any prior statute or rule of law	31763
of this state.	31764

Sec. 2743.02. (A)(1) The state hereby waives its immunity	31765
from liability, except as provided for the office of the state	31766
fire marshal in division (G)(1) of section 9.60 and division (B)	31767
of section 3737.221 of the Revised Code and subject to division	31768
(H) of this section, and consents to be sued, and have its	31769
liability determined, in the court of claims created in this	31770
chapter in accordance with the same rules of law applicable to	31771
suits between private parties, except that the determination of	31772
liability is subject to the limitations set forth in this chapter	31773
and, in the case of state universities or colleges, in section	31774
3345.40 of the Revised Code, and except as provided in division	31775
(A)(2) or (3) of this section. To the extent that the state has	31776
previously consented to be sued, this chapter has no	31777
applicability.	31778

Except in the case of a civil action filed by the state,	31779
filing a civil action in the court of claims results in a complete	31780
waiver of any cause of action, based on the same act or omission,	31781
that the filing party has against any officer or employee, as	31782
defined in section 109.36 of the Revised Code. The waiver shall be	31783
void if the court determines that the act or omission was	31784
manifestly outside the scope of the officer's or employee's office	31785
or employment or that the officer or employee acted with malicious	31786
purpose, in bad faith, or in a wanton or reckless manner.	31787

(2) If a claimant proves in the court of claims that an	31788
officer or employee, as defined in section 109.36 of the Revised	31789
Code, would have personal liability for the officer's or	31790
employee's acts or omissions but for the fact that the officer or	31791
employee has personal immunity under section 9.86 of the Revised	31792
Code, the state shall be held liable in the court of claims in any	31793
action that is timely filed pursuant to section 2743.16 of the	31794
Revised Code and that is based upon the acts or omissions.	31795

(3)(a) Except as provided in division (A)(3)(b) of this	31796
section, the state is immune from liability in any civil action or	31797
proceeding involving the performance or nonperformance of a public	31798
duty, including the performance or nonperformance of a public duty	31799
that is owed by the state in relation to any action of an	31800
individual who is committed to the custody of the state.	31801

(b) The state immunity provided in division (A)(3)(a) of this	31802
section does not apply to any action of the state under	31803
circumstances in which a special relationship can be established	31804
between the state and an injured party. A special relationship	31805
under this division is demonstrated if all of the following	31806
elements exist:	31807

(i) An assumption by the state, by means of promises or	31808
actions, of an affirmative duty to act on behalf of the party who	31809
was allegedly injured;	31810

(ii) Knowledge on the part of the state's agents that	31811
inaction of the state could lead to harm;	31812

(iii) Some form of direct contact between the state's agents	31813
and the injured party;	31814

(iv) The injured party's justifiable reliance on the state's	31815
affirmative undertaking.	31816

(B) The state hereby waives the immunity from liability of	31817
all hospitals owned or operated by one or more political	31818
subdivisions and consents for them to be sued, and to have their	31819
liability determined, in the court of common pleas, in accordance	31820
with the same rules of law applicable to suits between private	31821
parties, subject to the limitations set forth in this chapter.	31822
This division is also applicable to hospitals owned or operated by	31823
political subdivisions that have been determined by the supreme	31824
court to be subject to suit prior to July 28, 1975.	31825

(C) Any hospital, as defined in section 2305.113 of the	31826
Revised Code, may purchase liability insurance covering its	31827
operations and activities and its agents, employees, nurses,	31828
interns, residents, staff, and members of the governing board and	31829
committees, and, whether or not such insurance is purchased, may,	31830
to the extent that its governing board considers appropriate,	31831
indemnify or agree to indemnify and hold harmless any such person	31832
against expense, including attorney's fees, damage, loss, or other	31833
liability arising out of, or claimed to have arisen out of, the	31834
death, disease, or injury of any person as a result of the	31835
negligence, malpractice, or other action or inaction of the	31836
indemnified person while acting within the scope of the	31837
indemnified person's duties or engaged in activities at the	31838
request or direction, or for the benefit, of the hospital. Any	31839
hospital electing to indemnify those persons, or to agree to so	31840
indemnify, shall reserve any funds that are necessary, in the	31841
exercise of sound and prudent actuarial judgment, to cover the	31842
potential expense, fees, damage, loss, or other liability. The	31843
superintendent of insurance may recommend, or, if the hospital	31844
requests the superintendent to do so, the superintendent shall	31845
recommend, a specific amount for any period that, in the	31846
superintendent's opinion, represents such a judgment. This	31847
authority is in addition to any authorization otherwise provided	31848
or permitted by law.	31849

(D)(1) Notwithstanding any other provision of the Revised	31850
Code or rules of a court to the contrary, in an action against the	31851
state to recover damages for injury, death, or loss to person or	31852
property caused by an act or omission of the state itself, by an	31853
act or omission of any officer or employee of the state while	31854
acting within the scope of employment or official	31855
responsibilities, or by an act or omission of any other person	31856
authorized to act on behalf of the state that occurred while	31857
engaged in activities at the request or direction, or for the	31858
benefit, of the state, the following apply:	31859

(a) Punitive or exemplary damages shall not be awarded.

31860

(b)(i) Recoveries against the state shall be reduced by the	31861
aggregate of ~~insurance proceeds, disability award,~~benefits or	31862
other collateral recovery received by the claimant for the injury,	31863
death, or loss allegedly incurred. ~~This division~~If a claimant	31864
receives or is entitled to receive benefits or other collateral	31865
recovery, the claimant or the claimant's attorney shall disclose	31866
the benefits or other collateral recovery to the court, and the	31867
court shall deduct the amount of the benefits or other collateral	31868
recovery from any award against the state recovered by the	31869
claimant. No insurer or other person is entitled to bring a civil	31870
action under a subrogation provision in an insurance or other	31871
contract against the state with respect to those benefits or other	31872
collateral recovery. Nothing in this division affects or shall be	31873
construed to limit the rights of a beneficiary under a life	31874
insurance policy or the rights of sureties under fidelity or	31875
surety bonds.	31876

(ii) Division (D)(1)(b)(i) of this section does not apply to	31877
civil actions in the court of claims against a state university or	31878
college under the circumstances described in section 3345.40 of	31879
the Revised Code. The collateral benefits provisions of division	31880
(B)(2) of that section apply under those circumstances.	31881

(c) There shall not be any limitation on compensatory damages	31882
that represent the actual loss of the person who is awarded the	31883
damages. However, except in wrongful death actions brought	31884
pursuant to Chapter 2125. of the Revised Code, damages that arise	31885
from the same cause of action, transaction or occurrence, or	31886
series of transactions or occurrences and that do not represent	31887
the actual loss of the person who is awarded the damages shall not	31888
exceed two hundred fifty thousand dollars in favor of any one	31889
person. The limitation on damages that do not represent the actual	31890
loss of the person who is awarded the damages provided in this	31891
division does not apply to court costs that are awarded to a	31892
claimant, or to interest on a judgment rendered in favor of a	31893
claimant, in an action against the state.	31894

(2) As used in division (D) of this section:

31895

(a) "Benefits" includes, but is not limited to, proceeds from	31896
a policy or policies of insurance, social security benefits,	31897
veterans' benefits, unemployment compensation, workers'	31898
compensation, medicaid benefits, medicare benefits, and disability	31899
awards.	31900

(b) "Collateral recovery" includes, but is not limited to,	31901
any settlements with and judgments against third parties that	31902
arise out of the same operative facts involved in, and the injury,	31903
death, or loss allegedly incurred, in the action against the	31904
state, or any other source of recovery for any injury, death, or	31905
loss allegedly incurred in that action.	31906

(c) Except as provided in division (D)(2)(d) of this section,	31907
"the actual loss of the person who is awarded the damages"	31908
includes all of the following:	31909

(i) All wages, salaries, or other compensation lost by the	31910
person injured as a result of the injury, including wages,	31911
salaries, or other compensation lost as of the date of a judgment	31912
and future expected lost earnings of the injured person;	31913

(ii) All expenditures of the injured person or of another	31914
person on behalf of the injured person for medical care or	31915
treatment, rehabilitation services, or other care, treatment,	31916
services, products, or accommodations that were necessary because	31917
of the injury;	31918

(iii) All expenditures to be incurred in the future, as	31919
determined by the court, by the injured person or by another	31920
person on behalf of the injured person for medical care or	31921
treatment, rehabilitation services, or other care, treatment,	31922
services, products, or accommodations that will be necessary	31923
because of the injury;	31924

(iv) All expenditures of a person whose property was injured	31925
or destroyed or of another person on behalf of the person whose	31926
property was injured or destroyed in order to repair or replace	31927
the property that was injured or destroyed;	31928

(v) All expenditures of the injured person, of the person	31929
whose property was injured or destroyed, or of another person on	31930
behalf of the injured person or the person whose property was	31931
injured or destroyed in relation to the actual preparation or	31932
presentation of the claim involved;	31933

(vi) Any other expenditures of the injured person, of the	31934
person whose property was injured or destroyed, or of another	31935
person on behalf of the injured person or the person whose	31936
property was injured or destroyed that the court determines	31937
represent an actual loss experienced because of the personal or	31938
property injury or property loss.	31939

(d) "The actual loss of the person who is awarded the	31940
damages" does not include either of the following:	31941

(i) Any fees paid or owed to an attorney for any services	31942
rendered in relation to the personal or property injury or	31943
property loss;	31944

(ii) Any damages awarded for pain and suffering, for the loss	31945
of society, consortium, companionship, care, assistance,	31946
attention, protection, advice, guidance, counsel, instruction,	31947
training, or education of the injured person, for mental anguish,	31948
or for any other intangible loss.	31949

(E) The only defendant in original actions in the court of	31950
claims is the state. The state may file a third-party complaint or	31951
counterclaim in any civil action, except a civil action for ten	31952
thousand dollars or less, that is filed in the court of claims.	31953

(F) A civil action against an officer or employee, as defined	31954
in section 109.36 of the Revised Code, that alleges that the	31955
officer's or employee's conduct was manifestly outside the scope	31956
of the officer's or employee's employment or official	31957
responsibilities, or that the officer or employee acted with	31958
malicious purpose, in bad faith, or in a wanton or reckless manner	31959
shall first be filed against the state in the court of claims that	31960
has exclusive, original jurisdiction to determine, initially,	31961
whether the officer or employee is entitled to personal immunity	31962
under section 9.86 of the Revised Code and whether the courts of	31963
common pleas have jurisdiction over the civil action. The officer	31964
or employee may participate in the immunity determination	31965
proceeding before the court of claims to determine whether the	31966
officer or employee is entitled to personal immunity under section	31967
9.86 of the Revised Code.	31968

The filing of a claim against an officer or employee under	31969
this division tolls the running of the applicable statute of	31970
limitations until the court of claims determines whether the	31971
officer or employee is entitled to personal immunity under section	31972
9.86 of the Revised Code.	31973

(G) If a claim lies against an officer or employee who is a	31974
member of the Ohio national guard, and the officer or employee	31975
was, at the time of the act or omission complained of, subject to	31976
the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28 U.S.C.	31977
2671, et seq., the Federal Tort Claims Act is the exclusive remedy	31978
of the claimant and the state has no liability under this section.	31979

(H) If an inmate of a state correctional institution has a	31980
claim against the state for the loss of or damage to property and	31981
the amount claimed does not exceed three hundred dollars, before	31982
commencing an action against the state in the court of claims, the	31983
inmate shall file a claim for the loss or damage under the rules	31984
adopted by the director of rehabilitation and correction pursuant	31985
to this division. The inmate shall file the claim within the time	31986
allowed for commencement of a civil action under section 2743.16	31987
of the Revised Code. If the state admits or compromises the claim,	31988
the director shall make payment from a fund designated by the	31989
director for that purpose. If the state denies the claim or does	31990
not compromise the claim at least sixty days prior to expiration	31991
of the time allowed for commencement of a civil action based upon	31992
the loss or damage under section 2743.16 of the Revised Code, the	31993
inmate may commence an action in the court of claims under this	31994
chapter to recover damages for the loss or damage.	31995

The director of rehabilitation and correction shall adopt	31996
rules pursuant to Chapter 119. of the Revised Code to implement	31997
this division.	31998

Sec. 2744.05. Notwithstanding any other provisions of the	31999
Revised Code or rules of a court to the contrary, in an action	32000
against a political subdivision to recover damages for injury,	32001
death, or loss to person or property caused by an act or omission	32002
in connection with a governmental or proprietary function:	32003

(A) Punitive or exemplary damages shall not be awarded.

32004

(B)(1) If a claimant receives or is entitled to receive	32005
benefits for injuries or loss allegedly incurred from a policy or	32006
policies of insurance or any other source, the benefits shall be	32007
disclosed to the court, and the amount of the benefits shall be	32008
deducted from any award against a political subdivision recovered	32009
by that claimant. No insurer or other person is entitled to bring	32010
an action under a subrogation provision in an insurance or other	32011
contract against a political subdivision with respect to those	32012
benefits.	32013

The amount of the benefits shall be deducted from an award	32014
against a political subdivision under division (B)(1) of this	32015
section regardless of whether the claimant may be under an	32016
obligation to pay back the benefits upon recovery, in whole or in	32017
part, for the claim. A claimant whose benefits have been deducted	32018
from an award under division (B)(1) of this section is not	32019
considered fully compensated and shall not be required to	32020
reimburse a subrogated claim for benefits deducted from an award	32021
pursuant to division (B)(1) of this section.	32022

(2) Nothing in division (B)(1) of this section shall be	32023
construed to do either of the following:	32024

(a) Limit the rights of a beneficiary under a life insurance	32025
policy or the rights of sureties under fidelity or surety bonds;	32026

(b) Prohibit the department of ~~job and family services~~	32027
medicaid from recovering from the political subdivision, pursuant	32028
to section ~~5101.58~~5160.37 of the Revised Code, the cost of	32029
medical assistance ~~benefits provided under Chapter 5107. or 5111.~~	32030
~~of the Revised Code~~provided under a medical assistance program.	32031

(C)(1) There shall not be any limitation on compensatory	32032
damages that represent the actual loss of the person who is	32033
awarded the damages. However, except in wrongful death actions	32034
brought pursuant to Chapter 2125. of the Revised Code, damages	32035
that arise from the same cause of action, transaction or	32036
occurrence, or series of transactions or occurrences and that do	32037
not represent the actual loss of the person who is awarded the	32038
damages shall not exceed two hundred fifty thousand dollars in	32039
favor of any one person. The limitation on damages that do not	32040
represent the actual loss of the person who is awarded the damages	32041
provided in this division does not apply to court costs that are	32042
awarded to a plaintiff, or to interest on a judgment rendered in	32043
favor of a plaintiff, in an action against a political	32044
subdivision.	32045

(2) As used in this division, "the actual loss of the person	32046
who is awarded the damages" includes all of the following:	32047

(a) All wages, salaries, or other compensation lost by the	32048
person injured as a result of the injury, including wages,	32049
salaries, or other compensation lost as of the date of a judgment	32050
and future expected lost earnings of the person injured;	32051

(b) All expenditures of the person injured or another person	32052
on behalf of the person injured for medical care or treatment, for	32053
rehabilitation services, or for other care, treatment, services,	32054
products, or accommodations that were necessary because of the	32055
injury;	32056

(c) All expenditures to be incurred in the future, as	32057
determined by the court, by the person injured or another person	32058
on behalf of the person injured for medical care or treatment, for	32059
rehabilitation services, or for other care, treatment, services,	32060
products, or accommodations that will be necessary because of the	32061
injury;	32062

(d) All expenditures of a person whose property was injured	32063
or destroyed or of another person on behalf of the person whose	32064
property was injured or destroyed in order to repair or replace	32065
the property that was injured or destroyed;	32066

(e) All expenditures of the person injured or of the person	32067
whose property was injured or destroyed or of another person on	32068
behalf of the person injured or of the person whose property was	32069
injured or destroyed in relation to the actual preparation or	32070
presentation of the claim involved;	32071

(f) Any other expenditures of the person injured or of the	32072
person whose property was injured or destroyed or of another	32073
person on behalf of the person injured or of the person whose	32074
property was injured or destroyed that the court determines	32075
represent an actual loss experienced because of the personal or	32076
property injury or property loss.	32077

"The actual loss of the person who is awarded the damages"	32078
does not include any fees paid or owed to an attorney for any	32079
services rendered in relation to a personal or property injury or	32080
property loss, and does not include any damages awarded for pain	32081
and suffering, for the loss of society, consortium, companionship,	32082
care, assistance, attention, protection, advice, guidance,	32083
counsel, instruction, training, or education of the person	32084
injured, for mental anguish, or for any other intangible loss.	32085

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	32086
or (3) of this section or as otherwise provided in this section, a	32087
prosecution shall be barred unless it is commenced within the	32088
following periods after an offense is committed:	32089

(a) For a felony, six years;

32090

(b) For a misdemeanor other than a minor misdemeanor, two	32091
years;	32092

32093

(2) There is no period of limitation for the prosecution of a	32094
violation of section 2903.01 or 2903.02 of the Revised Code.	32095

(3) Except as otherwise provided in divisions (B) to (H) of	32096
this section, a prosecution of any of the following offenses shall	32097
be barred unless it is commenced within twenty years after the	32098
offense is committed:	32099

(a) A violation of section 2903.03, 2903.04, 2905.01,	32100
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	32101
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	32102
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	32103
Code, a violation of section 2903.11 or 2903.12 of the Revised	32104
Code if the victim is a peace officer, a violation of section	32105
2903.13 of the Revised Code that is a felony, or a violation of	32106
former section 2907.12 of the Revised Code;	32107

(b) A conspiracy to commit, attempt to commit, or complicity	32108
in committing a violation set forth in division (A)(3)(a) of this	32109
section.	32110

(B)(1) Except as otherwise provided in division (B)(2) of	32111
this section, if the period of limitation provided in division	32112
(A)(1) or (3) of this section has expired, prosecution shall be	32113
commenced for an offense of which an element is fraud or breach of	32114
a fiduciary duty, within one year after discovery of the offense	32115
either by an aggrieved person, or by the aggrieved person's legal	32116
representative who is not a party to the offense.	32117

(2) If the period of limitation provided in division (A)(1)	32118
or (3) of this section has expired, prosecution for a violation of	32119
section 2913.49 of the Revised Code shall be commenced within five	32120
years after discovery of the offense either by an aggrieved person	32121
or the aggrieved person's legal representative who is not a party	32122
to the offense.	32123

(C)(1) If the period of limitation provided in division	32124
(A)(1) or (3) of this section has expired, prosecution shall be	32125
commenced for the following offenses during the following	32126
specified periods of time:	32127

(a) For an offense involving misconduct in office by a public	32128
servant, at any time while the accused remains a public servant,	32129
or within two years thereafter;	32130

(b) For an offense by a person who is not a public servant	32131
but whose offense is directly related to the misconduct in office	32132
of a public servant, at any time while that public servant remains	32133
a public servant, or within two years thereafter.	32134

(2) As used in this division:

32135

(a) An "offense is directly related to the misconduct in	32136
office of a public servant" includes, but is not limited to, a	32137
violation of section 101.71, 101.91, 121.61 or 2921.13, division	32138
(F) or (H) of section 102.03, division (A) of section 2921.02,	32139
division (A) or (B) of section 2921.43, or division (F) or (G) of	32140
section 3517.13 of the Revised Code, that is directly related to	32141
an offense involving misconduct in office of a public servant.	32142

(b) "Public servant" has the same meaning as in section	32143
2921.01 of the Revised Code.	32144

(D) An offense is committed when every element of the offense	32145
occurs. In the case of an offense of which an element is a	32146
continuing course of conduct, the period of limitation does not	32147
begin to run until such course of conduct or the accused's	32148
accountability for it terminates, whichever occurs first.	32149

(E) A prosecution is commenced on the date an indictment is	32150
returned or an information filed, or on the date a lawful arrest	32151
without a warrant is made, or on the date a warrant, summons,	32152
citation, or other process is issued, whichever occurs first. A	32153
prosecution is not commenced by the return of an indictment or the	32154
filing of an information unless reasonable diligence is exercised	32155
to issue and execute process on the same. A prosecution is not	32156
commenced upon issuance of a warrant, summons, citation, or other	32157
process, unless reasonable diligence is exercised to execute the	32158
same.	32159

(F) The period of limitation shall not run during any time	32160
when the corpus delicti remains undiscovered.	32161

(G) The period of limitation shall not run during any time	32162
when the accused purposely avoids prosecution. Proof that the	32163
accused departed this state or concealed the accused's identity or	32164
whereabouts is prima-facie evidence of the accused's purpose to	32165
avoid prosecution.	32166

(H) The period of limitation shall not run during any time a	32167
prosecution against the accused based on the same conduct is	32168
pending in this state, even though the indictment, information, or	32169
process that commenced the prosecution is quashed or the	32170
proceedings on the indictment, information, or process are set	32171
aside or reversed on appeal.	32172

(I) The period of limitation for a violation of any provision	32173
of Title XXIX of the Revised Code that involves a physical or	32174
mental wound, injury, disability, or condition of a nature that	32175
reasonably indicates abuse or neglect of a child under eighteen	32176
years of age or of a mentally retarded, developmentally disabled,	32177
or physically impaired child under twenty-one years of age shall	32178
not begin to run until either of the following occurs:	32179

(1) The victim of the offense reaches the age of majority.

32180

(2) A public children services agency, or a municipal or	32181
county peace officer that is not the parent or guardian of the	32182
child, in the county in which the child resides or in which the	32183
abuse or neglect is occurring or has occurred has been notified	32184
that abuse or neglect is known, suspected, or believed to have	32185
occurred.	32186

(J) As used in this section, "peace officer" has the same	32187
meaning as in section 2935.01 of the Revised Code.	32188

Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 of	32189
the Revised Code:	32190

(1) "Information" means information that can be integrated	32191
into the computer system and that relates to the physical or	32192
mental description of a minor including, but not limited to,	32193
height, weight, color of hair and eyes, use of eyeglasses or	32194
contact lenses, skin coloring, physical or mental handicaps,	32195
special medical conditions or needs, abnormalities, problems,	32196
scars and marks, and distinguishing characteristics, and other	32197
information that could assist in identifying a minor including,	32198
but not limited to, full name and nickname, date and place of	32199
birth, age, names and addresses of parents and other relatives,	32200
fingerprints, dental records, photographs, social security number,	32201
driver's license number, credit card numbers, bank account	32202
numbers, and clothing.	32203

(2) "Minor" means a person under eighteen years of age.

32204

(3) "Missing children" or "missing child" means either of the	32205
following:	32206

(a) A minor who has run away from or who otherwise is missing	32207
from the home of, or the care, custody, and control of, the	32208
minor's parents, parent who is the residential parent and legal	32209
custodian, guardian, legal custodian, or other person having	32210
responsibility for the care of the minor;	32211

(b) A minor who is missing and about whom there is reason to	32212
believe the minor could be the victim of a violation of section	32213
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	32214
violation of section 2905.04 of the Revised Code as it existed	32215
prior to July 1, 1996.	32216

(B) When a law enforcement agency in this state that has	32217
jurisdiction in the matter is informed that a minor is or may be a	32218
missing child and that the person providing the information wishes	32219
to file a missing child report, the law enforcement agency shall	32220
take that report. Upon taking the report, the law enforcement	32221
agency shall take prompt action upon it, including, but not	32222
limited to, concerted efforts to locate the missing child. No law	32223
enforcement agency in this state shall have a rule or policy that	32224
prohibits or discourages the filing of or the taking of action	32225
upon a missing child report, within a specified period following	32226
the discovery or formulation of a belief that a minor is or could	32227
be a missing child.	32228

(C) If a missing child report is made to a law enforcement	32229
agency in this state that has jurisdiction in the matter, the law	32230
enforcement agency shall gather readily available information	32231
about the missing child and integrate it into the national crime	32232
information center computer immediately following the making of	32233
the report. The law enforcement agency shall make reasonable	32234
efforts to acquire additional information about the missing child	32235
following the transmittal of the initially available information,	32236
and promptly integrate any additional information acquired into	32237
such computer systems.	32238

Whenever a law enforcement agency integrates information	32239
about a missing child into the national crime information center	32240
computer, the law enforcement agency promptly shall notify the	32241
missing child's parents, parent who is the residential parent and	32242
legal custodian, guardian, or legal custodian, or any other person	32243
responsible for the care of the missing child, that it has so	32244
integrated the information.	32245

The parents, parent who is the residential parent and legal	32246
custodian, guardian, legal custodian, or other person responsible	32247
for the care of the missing child shall provide available	32248
information upon request, and may provide information voluntarily,	32249
to the law enforcement agency during the information gathering	32250
process. The law enforcement agency also may obtain available	32251
information about the missing child from other persons, subject to	32252
constitutional and statutory limitations.	32253

(D) Upon the filing of a missing child report, the law	32254
enforcement agency involved may notify the public or nonpublic	32255
school in which the missing child is or was most recently	32256
enrolled, as ascertained by the agency, that the child is the	32257
subject of a missing child report and that the child's school	32258
records are to be marked in accordance with section 3313.672 of	32259
the Revised Code.	32260

(E) Upon the filing of a missing child report, the law	32261
enforcement agency involved promptly shall make a reasonable	32262
attempt to notify other law enforcement agencies within its county	32263
and, if the agency has jurisdiction in a municipal corporation or	32264
township that borders another county, to notify the law	32265
enforcement agency for the municipal corporation or township in	32266
the other county with which it shares the border, that it has	32267
taken a missing child report and may be requesting assistance or	32268
cooperation in the case, and provide relevant information to the	32269
other law enforcement agencies. The agency may notify additional	32270
law enforcement agencies, or appropriate public children services	32271
agencies, about the case, request their assistance or cooperation	32272
in the case, and provide them with relevant information.	32273

Upon request from a law enforcement agency, a public children	32274
services agency shall grant the law enforcement agency access to	32275
all information concerning a missing child that the agency	32276
possesses that may be relevant to the law enforcement agency in	32277
investigating a missing child report concerning that child. The	32278
information obtained by the law enforcement agency shall be used	32279
only to further the investigation to locate the missing child.	32280

(F) Upon request, law enforcement agencies in this state	32281
shall provide assistance to, and cooperate with, other law	32282
enforcement agencies in their investigation of missing child	32283
cases. The assistance and cooperation under this paragraph shall	32284
be pursuant to any terms agreed upon by the law enforcement	32285
agencies, which may include the provision of law enforcement	32286
services or the use of law enforcement equipment or the	32287
interchange of services and equipment among the cooperating law	32288
enforcement agencies. Chapter 2744. of the Revised Code, insofar	32289
as it applies to the operation of law enforcement agencies, shall	32290
apply to the cooperating political subdivisions and to the law	32291
enforcement agency employees when they are rendering services	32292
pursuant to this paragraph outside the territory of the political	32293
subdivision by which they are employed. Law enforcement agency	32294
employees rendering services outside the territory of the	32295
political subdivision in which they are employed, pursuant to this	32296
paragraph, shall be entitled to participate in any indemnity fund	32297
established by their employer to the same extent as if they were	32298
rendering service within the territory of their employing	32299
political subdivision. Those law enforcement agency employees also	32300
shall be entitled to all the rights and benefits of Chapter 4123.	32301
of the Revised Code to the same extent as if rendering services	32302
within the territory of their employing political subdivision.	32303

The information in any missing child report made to a law	32304
enforcement agency shall be made available, upon request, to law	32305
enforcement personnel of this state, other states, and the federal	32306
government when the law enforcement personnel indicate that the	32307
request is to aid in identifying or locating a missing child or	32308
the possible identification of a deceased minor who, upon	32309
discovery, cannot be identified.	32310

(G) When a missing child has not been located within thirty	32311
days after the date on which the missing child report pertaining	32312
to the child was filed with a law enforcement agency, that law	32313
enforcement agency shall request the missing child's parents,	32314
parent who is the residential parent and legal custodian,	32315
guardian, or legal custodian, or any other person responsible for	32316
the care of the missing child, to provide written consent for the	32317
law enforcement agency to contact the missing child's dentist and	32318
request the missing child's dental records. Upon receipt of such	32319
written consent, the dentist shall release a copy of the missing	32320
child's dental records to the law enforcement agency and shall	32321
provide and encode the records in such form as requested by the	32322
law enforcement agency. The law enforcement agency then shall	32323
integrate information in the records into the national crime	32324
information center computer in order to compare the records to	32325
those of unidentified deceased persons. This division does not	32326
prevent a law enforcement agency from seeking consent to obtain	32327
copies of a missing child's dental records, or prevent a missing	32328
child's parents, parent who is the residential parent and legal	32329
custodian, guardian, or legal custodian, or any other person	32330
responsible for the care of the missing child, from granting	32331
consent for the release of copies of the missing child's dental	32332
records to a law enforcement agency, at any time.	32333

(H) A missing child's parents, parent who is the residential	32334
parent and legal custodian, guardian, or legal custodian, or any	32335
other persons responsible for the care of a missing child,	32336
immediately shall notify the law enforcement agency with which	32337
they filed the missing child report whenever the child has	32338
returned to their home or to their care, custody, and control, has	32339
been released if the missing child was the victim of an offense	32340
listed in division (A)(3)(b) of this section, or otherwise has	32341
been located. Upon such notification or upon otherwise learning	32342
that a missing child has returned to the home of, or to the care,	32343
custody, and control of the missing child's parents, parent who is	32344
the residential parent and legal custodian, guardian, legal	32345
custodian, or other person responsible for the missing child's	32346
care, has been released if the missing child was the victim of an	32347
offense listed in division (A)(3)(b) of this section, or otherwise	32348
has been located, the law enforcement agency involved promptly	32349
shall integrate the fact that the minor no longer is a missing	32350
child into the national crime information center computer and	32351
shall inform any school that was notified under division (D) of	32352
this section that the minor is no longer a missing child.	32353

~~(I) Nothing contained in this section shall be construed to~~	32354
~~impair the confidentiality of services provided to runaway minors~~	32355
~~by shelters for runaway minors pursuant to sections 5119.64 to~~	32356
~~5119.68 of the Revised Code.~~	32357

Sec. 2903.13. (A) No person shall knowingly cause or attempt	32358
to cause physical harm to another or to another's unborn.	32359

(B) No person shall recklessly cause serious physical harm to	32360
another or to another's unborn.	32361

(C)(1) Whoever violates this section is guilty of assault,	32362
and the court shall sentence the offender as provided in this	32363
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8),	32364
~~and~~ (9), and (10) of this section. Except as otherwise provided in	32365
division (C)(2), (3), (4), (5), (6), (7), or (8), or (9) of this	32366
section, assault is a misdemeanor of the first degree.	32367

(2) Except as otherwise provided in this division, if the	32368
offense is committed by a caretaker against a functionally	32369
impaired person under the caretaker's care, assault is a felony of	32370
the fourth degree. If the offense is committed by a caretaker	32371
against a functionally impaired person under the caretaker's care,	32372
if the offender previously has been convicted of or pleaded guilty	32373
to a violation of this section or section 2903.11 or 2903.16 of	32374
the Revised Code, and if in relation to the previous conviction	32375
the offender was a caretaker and the victim was a functionally	32376
impaired person under the offender's care, assault is a felony of	32377
the third degree.	32378

(3) If the offense occurs in or on the grounds of a state	32379
correctional institution or an institution of the department of	32380
youth services, the victim of the offense is an employee of the	32381
department of rehabilitation and correction or the department of	32382
youth services, and the offense is committed by a person	32383
incarcerated in the state correctional institution or by a person	32384
institutionalized in the department of youth services institution	32385
pursuant to a commitment to the department of youth services,	32386
assault is a felony of the third degree.	32387

(4) If the offense is committed in any of the following	32388
circumstances, assault is a felony of the fifth degree:	32389

(a) ~~The offense occurs in or on the grounds of a state~~	32390
~~correctional institution or an institution of the department of~~	32391
~~youth services, the victim of the offense is an employee of the~~	32392
~~department of rehabilitation and correction, the department of~~	32393
~~youth services, or a probation department or is on the premises of~~	32394
~~the particular institution for business purposes or as a visitor,~~	32395
~~and the offense is committed by a person incarcerated in the state~~	32396
~~correctional institution, by a person institutionalized in the~~	32397
~~department of youth services institution pursuant to a commitment~~	32398
~~to the department of youth services, by a parolee, by an offender~~	32399
~~under transitional control, under a community control sanction, or~~	32400
~~on an escorted visit, by a person under post-release control, or~~	32401
~~by an offender under any other type of supervision by a government~~	32402
~~agency.~~	32403

~~(b)~~ The offense occurs in or on the grounds of a local	32404
correctional facility, the victim of the offense is an employee of	32405
the local correctional facility or a probation department or is on	32406
the premises of the facility for business purposes or as a	32407
visitor, and the offense is committed by a person who is under	32408
custody in the facility subsequent to the person's arrest for any	32409
crime or delinquent act, subsequent to the person's being charged	32410
with or convicted of any crime, or subsequent to the person's	32411
being alleged to be or adjudicated a delinquent child.	32412

~~(c)~~(b) The offense occurs off the grounds of a state	32413
correctional institution and off the grounds of an institution of	32414
the department of youth services, the victim of the offense is an	32415
employee of the department of rehabilitation and correction, the	32416
department of youth services, or a probation department, the	32417
offense occurs during the employee's official work hours and while	32418
the employee is engaged in official work responsibilities, and the	32419
offense is committed by a person incarcerated in a state	32420
correctional institution or institutionalized in the department of	32421
youth services who temporarily is outside of the institution for	32422
any purpose, by a parolee, by an offender under transitional	32423
control, under a community control sanction, or on an escorted	32424
visit, by a person under post-release control, or by an offender	32425
under any other type of supervision by a government agency.	32426

~~(d)~~(c) The offense occurs off the grounds of a local	32427
correctional facility, the victim of the offense is an employee of	32428
the local correctional facility or a probation department, the	32429
offense occurs during the employee's official work hours and while	32430
the employee is engaged in official work responsibilities, and the	32431
offense is committed by a person who is under custody in the	32432
facility subsequent to the person's arrest for any crime or	32433
delinquent act, subsequent to the person being charged with or	32434
convicted of any crime, or subsequent to the person being alleged	32435
to be or adjudicated a delinquent child and who temporarily is	32436
outside of the facility for any purpose or by a parolee, by an	32437
offender under transitional control, under a community control	32438
sanction, or on an escorted visit, by a person under post-release	32439
control, or by an offender under any other type of supervision by	32440
a government agency.	32441

~~(e)~~(d) The victim of the offense is a school teacher or	32442
administrator or a school bus operator, and the offense occurs in	32443
a school, on school premises, in a school building, on a school	32444
bus, or while the victim is outside of school premises or a school	32445
bus and is engaged in duties or official responsibilities	32446
associated with the victim's employment or position as a school	32447
teacher or administrator or a school bus operator, including, but	32448
not limited to, driving, accompanying, or chaperoning students at	32449
or on class or field trips, athletic events, or other school	32450
extracurricular activities or functions outside of school	32451
premises.	32452

~~(4)~~(5) If the victim of the offense is a peace officer or an	32453
investigator of the bureau of criminal identification and	32454
investigation, a firefighter, or a person performing emergency	32455
medical service, while in the performance of their official	32456
duties, assault is a felony of the fourth degree.	32457

~~(5)~~(6) If the victim of the offense is a peace officer or an	32458
investigator of the bureau of criminal identification and	32459
investigation and if the victim suffered serious physical harm as	32460
a result of the commission of the offense, assault is a felony of	32461
the fourth degree, and the court, pursuant to division (F) of	32462
section 2929.13 of the Revised Code, shall impose as a mandatory	32463
prison term one of the prison terms prescribed for a felony of the	32464
fourth degree that is at least twelve months in duration.	32465

~~(6)~~(7) If the victim of the offense is an officer or employee	32466
of a public children services agency or a private child placing	32467
agency and the offense relates to the officer's or employee's	32468
performance or anticipated performance of official	32469
responsibilities or duties, assault is either a felony of the	32470
fifth degree or, if the offender previously has been convicted of	32471
or pleaded guilty to an offense of violence, the victim of that	32472
prior offense was an officer or employee of a public children	32473
services agency or private child placing agency, and that prior	32474
offense related to the officer's or employee's performance or	32475
anticipated performance of official responsibilities or duties, a	32476
felony of the fourth degree.	32477

~~(7)~~(8) If the victim of the offense is a health care	32478
professional of a hospital, a health care worker of a hospital, or	32479
a security officer of a hospital whom the offender knows or has	32480
reasonable cause to know is a health care professional of a	32481
hospital, a health care worker of a hospital, or a security	32482
officer of a hospital, if the victim is engaged in the performance	32483
of the victim's duties, and if the hospital offers de-escalation	32484
or crisis intervention training for such professionals, workers,	32485
or officers, assault is one of the following:	32486

(a) Except as otherwise provided in division (C)~~(7)~~(8)(b) of	32487
this section, assault committed in the specified circumstances is	32488
a misdemeanor of the first degree. Notwithstanding the fine	32489
specified in division (A)(2)(b) of section 2929.28 of the Revised	32490
Code for a misdemeanor of the first degree, in sentencing the	32491
offender under this division and if the court decides to impose a	32492
fine, the court may impose upon the offender a fine of not more	32493
than five thousand dollars.	32494

(b) If the offender previously has been convicted of or	32495
pleaded guilty to one or more assault or homicide offenses	32496
committed against hospital personnel, assault committed in the	32497
specified circumstances is a felony of the fifth degree.	32498

~~(8)~~(9) If the victim of the offense is a judge, magistrate,	32499
prosecutor, or court official or employee whom the offender knows	32500
or has reasonable cause to know is a judge, magistrate,	32501
prosecutor, or court official or employee, and if the victim is	32502
engaged in the performance of the victim's duties, assault is one	32503
of the following:	32504

(a) Except as otherwise provided in division (C)~~(7)~~(8)(b) of	32505
this section, assault committed in the specified circumstances is	32506
a misdemeanor of the first degree. In sentencing the offender	32507
under this division, if the court decides to impose a fine,	32508
notwithstanding the fine specified in division (A)(2)(b) of	32509
section 2929.28 of the Revised Code for a misdemeanor of the first	32510
degree, the court may impose upon the offender a fine of not more	32511
than five thousand dollars.	32512

(b) If the offender previously has been convicted of or	32513
pleaded guilty to one or more assault or homicide offenses	32514
committed against justice system personnel, assault committed in	32515
the specified circumstances is a felony of the fifth degree.	32516

~~(9)~~(10) If an offender who is convicted of or pleads guilty	32517
to assault when it is a misdemeanor also is convicted of or pleads	32518
guilty to a specification as described in section 2941.1423 of the	32519
Revised Code that was included in the indictment, count in the	32520
indictment, or information charging the offense, the court shall	32521
sentence the offender to a mandatory jail term as provided in	32522
division (G) of section 2929.24 of the Revised Code.	32523

If an offender who is convicted of or pleads guilty to	32524
assault when it is a felony also is convicted of or pleads guilty	32525
to a specification as described in section 2941.1423 of the	32526
Revised Code that was included in the indictment, count in the	32527
indictment, or information charging the offense, except as	32528
otherwise provided in division (C)~~(5)~~(6) of this section, the	32529
court shall sentence the offender to a mandatory prison term as	32530
provided in division (B)(8) of section 2929.14 of the Revised	32531
Code.	32532

(D) As used in this section:

32533

(1) "Peace officer" has the same meaning as in section	32534
2935.01 of the Revised Code.	32535

(2) "Firefighter" has the same meaning as in section 3937.41	32536
of the Revised Code.	32537

(3) "Emergency medical service" has the same meaning as in	32538
section 4765.01 of the Revised Code.	32539

(4) "Local correctional facility" means a county,	32540
multicounty, municipal, municipal-county, or multicounty-municipal	32541
jail or workhouse, a minimum security jail established under	32542
section 341.23 or 753.21 of the Revised Code, or another county,	32543
multicounty, municipal, municipal-county, or multicounty-municipal	32544
facility used for the custody of persons arrested for any crime or	32545
delinquent act, persons charged with or convicted of any crime, or	32546
persons alleged to be or adjudicated a delinquent child.	32547

(5) "Employee of a local correctional facility" means a	32548
person who is an employee of the political subdivision or of one	32549
or more of the affiliated political subdivisions that operates the	32550
local correctional facility and who operates or assists in the	32551
operation of the facility.	32552

(6) "School teacher or administrator" means either of the	32553
following:	32554

(a) A person who is employed in the public schools of the	32555
state under a contract described in section 3311.77 or 3319.08 of	32556
the Revised Code in a position in which the person is required to	32557
have a certificate issued pursuant to sections 3319.22 to 3319.311	32558
of the Revised Code.	32559

(b) A person who is employed by a nonpublic school for which	32560
the state board of education prescribes minimum standards under	32561
section 3301.07 of the Revised Code and who is certificated in	32562
accordance with section 3301.071 of the Revised Code.	32563

(7) "Community control sanction" has the same meaning as in	32564
section 2929.01 of the Revised Code.	32565

(8) "Escorted visit" means an escorted visit granted under	32566
section 2967.27 of the Revised Code.	32567

(9) "Post-release control" and "transitional control" have	32568
the same meanings as in section 2967.01 of the Revised Code.	32569

(10) "Investigator of the bureau of criminal identification	32570
and investigation" has the same meaning as in section 2903.11 of	32571
the Revised Code.	32572

(11) "Health care professional" and "health care worker" have	32573
the same meanings as in section 2305.234 of the Revised Code.	32574

(12) "Assault or homicide offense committed against hospital	32575
personnel" means a violation of this section or of section	32576
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	32577
2903.14 of the Revised Code committed in circumstances in which	32578
all of the following apply:	32579

(a) The victim of the offense was a health care professional	32580
of a hospital, a health care worker of a hospital, or a security	32581
officer of a hospital.	32582

(b) The offender knew or had reasonable cause to know that	32583
the victim was a health care professional of a hospital, a health	32584
care worker of a hospital, or a security officer of a hospital.	32585

(c) The victim was engaged in the performance of the victim's	32586
duties.	32587

(d) The hospital offered de-escalation or crisis intervention	32588
training for such professionals, workers, or officers.	32589

(13) "De-escalation or crisis intervention training" means	32590
de-escalation or crisis intervention training for health care	32591
professionals of a hospital, health care workers of a hospital,	32592
and security officers of a hospital to facilitate interaction with	32593
patients, members of a patient's family, and visitors, including	32594
those with mental impairments.	32595

(14) "Assault or homicide offense committed against justice	32596
system personnel" means a violation of this section or of section	32597
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	32598
2903.14 of the Revised Code committed in circumstances in which	32599
the victim of the offense was a judge, magistrate, prosecutor, or	32600
court official or employee whom the offender knew or had	32601
reasonable cause to know was a judge, magistrate, prosecutor, or	32602
court official or employee, and the victim was engaged in the	32603
performance of the victim's duties.	32604

(15) "Court official or employee" means any official or	32605
employee of a court created under the constitution or statutes of	32606
this state or of a United States court located in this state.	32607

(16) "Judge" means a judge of a court created under the	32608
constitution or statutes of this state or of a United States court	32609
located in this state.	32610

(17) "Magistrate" means an individual who is appointed by a	32611
court of record of this state and who has the powers and may	32612
perform the functions specified in Civil Rule 53, Criminal Rule	32613
19, or Juvenile Rule 40, or an individual who is appointed by a	32614
United States court located in this state who has similar powers	32615
and functions.	32616

(18) "Prosecutor" has the same meaning as in section 2935.01	32617
of the Revised Code.	32618

(19)(a) "Hospital" means, subject to division (D)(19)(b) of	32619
this section, an institution classified as a hospital under	32620
section 3701.01 of the Revised Code in which are provided to	32621
patients diagnostic, medical, surgical, obstetrical, psychiatric,	32622
or rehabilitation care or a hospital operated by a health	32623
maintenance organization.	32624

(b) "Hospital" does not include any of the following:

32625

(i) A facility licensed under Chapter 3721. of the Revised	32626
Code, a health care facility operated by the department of mental	32627
health or the department of developmental disabilities, a health	32628
maintenance organization that does not operate a hospital, or the	32629
office of any private, licensed health care professional, whether	32630
organized for individual or group practice;	32631

(ii) An institution for the sick that is operated exclusively	32632
for patients who use spiritual means for healing and for whom the	32633
acceptance of medical care is inconsistent with their religious	32634
beliefs, accredited by a national accrediting organization, exempt	32635
from federal income taxation under section 501 of the "Internal	32636
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	32637
and providing twenty-four-hour nursing care pursuant to the	32638
exemption in division (E) of section 4723.32 of the Revised Code	32639
from the licensing requirements of Chapter 4723. of the Revised	32640
Code.	32641

(20) "Health maintenance organization" has the same meaning	32642
as in section 3727.01 of the Revised Code.	32643

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	32644
Revised Code:	32645

(A) "Care facility" means any of the following:

32646

(1) Any "home" as defined in section 3721.10 ~~or 5111.20~~ of	32647
the Revised Code;	32648

(2) Any "residential facility" as defined in section 5123.19	32649
of the Revised Code;	32650

(3) Any institution or facility operated or provided by the	32651
department of ~~mental health~~mental health and addiction services	32652
or by the department of developmental disabilities pursuant to	32653
sections ~~5119.02~~5119.14 and 5123.03 of the Revised Code;	32654

(4) Any "residential facility" as defined in section ~~5119.22~~	32655
5119.34 of the Revised Code;	32656

(5) Any unit of any hospital, as defined in section 3701.01	32657
of the Revised Code, that provides the same services as a nursing	32658
home, as defined in section 3721.01 of the Revised Code;	32659

(6) Any institution, residence, or facility that provides,	32660
for a period of more than twenty-four hours, whether for a	32661
consideration or not, accommodations to one individual or two	32662
unrelated individuals who are dependent upon the services of	32663
others.	32664

(B) "Abuse" means knowingly causing physical harm or	32665
recklessly causing serious physical harm to a person by physical	32666
contact with the person or by the inappropriate use of a physical	32667
or chemical restraint, medication, or isolation on the person.	32668

(C)(1) "Gross neglect" means knowingly failing to provide a	32669
person with any treatment, care, goods, or service that is	32670
necessary to maintain the health or safety of the person when the	32671
failure results in physical harm or serious physical harm to the	32672
person.	32673

(2) "Neglect" means recklessly failing to provide a person	32674
with any treatment, care, goods, or service that is necessary to	32675
maintain the health or safety of the person when the failure	32676
results in serious physical harm to the person.	32677

(D) "Inappropriate use of a physical or chemical restraint,	32678
medication, or isolation" means the use of physical or chemical	32679
restraint, medication, or isolation as punishment, for staff	32680
convenience, excessively, as a substitute for treatment, or in	32681
quantities that preclude habilitation and treatment.	32682

Sec. 2907.22. (A) No person shall knowingly:

32683

(1) Establish, maintain, operate, manage, supervise, control,	32684
or have an interest in a brothel or any other enterprise a purpose	32685
of which is to facilitate engagement in sexual activity for hire;	32686

(2) Supervise, manage, or control the activities of a	32687
prostitute in engaging in sexual activity for hire;	32688

(3) Transport another, or cause another to be transported	32689
~~across the boundary of this state or of any county in this state~~,	32690
in order to facilitate the other person's engaging in sexual	32691
activity for hire;	32692

(4) For the purpose of violating or facilitating a violation	32693
of this section, induce or procure another to engage in sexual	32694
activity for hire.	32695

(B) Whoever violates this section is guilty of promoting	32696
prostitution. Except as otherwise provided in this division,	32697
promoting prostitution is a felony of the fourth degree. If any	32698
prostitute in the brothel involved in the offense, or the	32699
prostitute whose activities are supervised, managed, or controlled	32700
by the offender, or the person transported, induced, or procured	32701
by the offender to engage in sexual activity for hire, is a minor,	32702
whether or not the offender knows the age of the minor, then	32703
promoting prostitution is a felony of the third degree. If the	32704
offender in any case also is convicted of or pleads guilty to a	32705
specification as described in section 2941.1422 of the Revised	32706
Code that was included in the indictment, count in the indictment,	32707
or information charging the offense, the court shall sentence the	32708
offender to a mandatory prison term as provided in division (B)(7)	32709
of section 2929.14 of the Revised Code and shall order the	32710
offender to make restitution as provided in division (B)(8) of	32711
section 2929.18 of the Revised Code.	32712

Sec. 2913.40. (A) As used in this section:

32713

(1) "Statement or representation" means any oral, written,	32714
electronic, electronic impulse, or magnetic communication that is	32715
used to identify an item of goods or a service for which	32716
reimbursement may be made under the ~~medical assistance~~medicaid	32717
program or that states income and expense and is or may be used to	32718
determine a rate of reimbursement under the ~~medical assistance~~	32719
medicaid program.	32720

(2) ~~"Medical assistance program" means the program~~	32721
~~established by the department of job and family services to~~	32722
~~provide medical assistance under section 5111.01 of the Revised~~	32723
~~Code and the medicaid program of Title XIX of the "Social Security~~	32724
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.~~	32725

~~(3)~~ "Provider" means any person who has signed a provider	32726
agreement with the department of ~~job and family services~~medicaid	32727
to provide goods or services pursuant to the ~~medical assistance~~	32728
medicaid program or any person who has signed an agreement with a	32729
party to such a provider agreement under which the person agrees	32730
to provide goods or services that are reimbursable under the	32731
~~medical assistance~~medicaid program.	32732

~~(4)~~(3) "Provider agreement" ~~means an oral or written~~	32733
~~agreement between the department of job and family services and a~~	32734
~~person in which the person agrees to provide goods or services~~	32735
~~under the medical assistance program~~has the same meaning as in	32736
section 5164.01 of the Revised Code.	32737

~~(5)~~(4) "Recipient" means any individual who receives goods or	32738
services from a provider under the ~~medical assistance~~medicaid	32739
program.	32740

~~(6)~~(5) "Records" means any medical, professional, financial,	32741
or business records relating to the treatment or care of any	32742
recipient, to goods or services provided to any recipient, or to	32743
rates paid for goods or services provided to any recipient and any	32744
records that are required by the rules of the medicaid director of	32745
~~job and family services~~ to be kept for the ~~medical assistance~~	32746
medicaid program.	32747

(B) No person shall knowingly make or cause to be made a	32748
false or misleading statement or representation for use in	32749
obtaining reimbursement from the ~~medical assistance~~medicaid	32750
program.	32751

(C) No person, with purpose to commit fraud or knowing that	32752
the person is facilitating a fraud, shall do either of the	32753
following:	32754

(1) Contrary to the terms of the person's provider agreement,	32755
charge, solicit, accept, or receive for goods or services that the	32756
person provides under the ~~medical assistance~~medicaid program any	32757
property, money, or other consideration in addition to the amount	32758
of reimbursement under the ~~medical assistance~~medicaid program and	32759
the person's provider agreement for the goods or services and any	32760
cost-sharing expenses authorized by section ~~5111.0112~~5162.20 of	32761
the Revised Code or rules adopted ~~pursuant to section 5111.01,~~	32762
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	32763
regarding the medicaid program.	32764

(2) Solicit, offer, or receive any remuneration, other than	32765
any cost-sharing expenses authorized by section ~~5111.0112~~5162.20	32766
of the Revised Code or rules adopted ~~under section 5111.01,~~	32767
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	32768
regarding the medicaid program, in cash or in kind, including, but	32769
not limited to, a kickback or rebate, in connection with the	32770
furnishing of goods or services for which whole or partial	32771
reimbursement is or may be made under the ~~medical assistance~~	32772
medicaid program.	32773

(D) No person, having submitted a claim for or provided goods	32774
or services under the ~~medical assistance~~medicaid program, shall	32775
do either of the following for a period of at least six years	32776
after a reimbursement pursuant to that claim, or a reimbursement	32777
for those goods or services, is received under the ~~medical~~	32778
~~assistance~~medicaid program:	32779

(1) Knowingly alter, falsify, destroy, conceal, or remove any	32780
records that are necessary to fully disclose the nature of all	32781
goods or services for which the claim was submitted, or for which	32782
reimbursement was received, by the person;	32783

(2) Knowingly alter, falsify, destroy, conceal, or remove any	32784
records that are necessary to disclose fully all income and	32785
expenditures upon which rates of reimbursements were based for the	32786
person.	32787

(E) Whoever violates this section is guilty of medicaid	32788
fraud. Except as otherwise provided in this division, medicaid	32789
fraud is a misdemeanor of the first degree. If the value of	32790
property, services, or funds obtained in violation of this section	32791
is one thousand dollars or more and is less than seven thousand	32792
five hundred dollars, medicaid fraud is a felony of the fifth	32793
degree. If the value of property, services, or funds obtained in	32794
violation of this section is seven thousand five hundred dollars	32795
or more and is less than one hundred fifty thousand dollars,	32796
medicaid fraud is a felony of the fourth degree. If the value of	32797
the property, services, or funds obtained in violation of this	32798
section is one hundred fifty thousand dollars or more, medicaid	32799
fraud is a felony of the third degree.	32800

(F) Upon application of the governmental agency, office, or	32801
other entity that conducted the investigation and prosecution in a	32802
case under this section, the court shall order any person who is	32803
convicted of a violation of this section for receiving any	32804
reimbursement for furnishing goods or services under the ~~medical~~	32805
~~assistance~~medicaid program to which the person is not entitled to	32806
pay to the applicant its cost of investigating and prosecuting the	32807
case. The costs of investigation and prosecution that a defendant	32808
is ordered to pay pursuant to this division shall be in addition	32809
to any other penalties for the receipt of that reimbursement that	32810
are provided in this section, section ~~5111.03~~5164.35 of the	32811
Revised Code, or any other provision of law.	32812

(G) The provisions of this section are not intended to be	32813
exclusive remedies and do not preclude the use of any other	32814
criminal or civil remedy for any act that is in violation of this	32815
section.	32816

Sec. 2913.401. (A) As used in this section:

32817

(1) "Medicaid ~~benefits~~services" ~~means benefits under the~~	32818
~~medical assistance program established under Chapter 5111.~~has the	32819
same meaning as in section 5164.01 of the Revised Code.	32820

(2) "Property" means any real or personal property or other	32821
asset in which a person has any legal title or interest.	32822

(B) No person shall knowingly do any of the following in an	32823
application for enrollment in the medicaid ~~benefits~~program or in	32824
a document that requires a disclosure of assets for the purpose of	32825
determining eligibility ~~to receive~~for the medicaid ~~benefits~~	32826
program:	32827

(1) Make or cause to be made a false or misleading statement;

32828

(2) Conceal an interest in property;

32829

(3)(a) Except as provided in division (B)(3)(b) of this	32830
section, fail to disclose a transfer of property that occurred	32831
during the period beginning thirty-six months before submission of	32832
the application or document and ending on the date the application	32833
or document was submitted;	32834

(b) Fail to disclose a transfer of property that occurred	32835
during the period beginning sixty months before submission of the	32836
application or document and ending on the date the application or	32837
document was submitted and that was made to an irrevocable trust a	32838
portion of which is not distributable to the applicant for	32839
~~medicaid benefits~~ or ~~the~~ recipient of medicaid ~~benefits~~ or to a	32840
revocable trust.	32841

(C)(1) Whoever violates this section is guilty of medicaid	32842
eligibility fraud. Except as otherwise provided in this division,	32843
a violation of this section is a misdemeanor of the first degree.	32844
If the value of the medicaid ~~benefits~~services paid as a result of	32845
the violation is one thousand dollars or more and is less than	32846
seven thousand five hundred dollars, a violation of this section	32847
is a felony of the fifth degree. If the value of the medicaid	32848
~~benefits~~services paid as a result of the violation is seven	32849
thousand five hundred dollars or more and is less than one hundred	32850
fifty thousand dollars, a violation of this section is a felony of	32851
the fourth degree. If the value of the medicaid ~~benefits~~services	32852
paid as a result of the violation is one hundred fifty thousand	32853
dollars or more, a violation of this section is a felony of the	32854
third degree.	32855

(2) In addition to imposing a sentence under division (C)(1)	32856
of this section, the court shall order that a person who is guilty	32857
of medicaid eligibility fraud make restitution in the full amount	32858
of any medicaid ~~benefits~~services paid on behalf of an applicant	32859
for or recipient of medicaid ~~benefits~~ for which the applicant or	32860
recipient was not eligible, plus interest at the rate applicable	32861
to judgments on unreimbursed amounts from the date on which the	32862
~~benefits~~medicaid services were paid to the date on which	32863
restitution is made.	32864

(3) The remedies and penalties provided in this section are	32865
not exclusive and do not preclude the use of any other criminal or	32866
civil remedy for any act that is in violation of this section.	32867

(D) This section does not apply to a person who fully	32868
disclosed in an application for medicaid ~~benefits~~ or in a document	32869
that requires a disclosure of assets for the purpose of	32870
determining eligibility ~~to receive~~for medicaid ~~benefits~~ all of	32871
the interests in property of the applicant for or recipient of	32872
medicaid ~~benefits~~, all transfers of property by the applicant for	32873
or recipient of medicaid ~~benefits~~, and the circumstances of all	32874
those transfers.	32875

(E) Any amounts of medicaid ~~benefits~~services recovered as	32876
restitution under this section and any interest on those amounts	32877
shall be credited to the general revenue fund, and any applicable	32878
federal share shall be returned to the appropriate agency or	32879
department of the United States.	32880

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	32881
violation of section 2919.27 of the Revised Code or of a municipal	32882
ordinance that is substantially similar to that section, the court	32883
may order an evaluation of the mental condition of the defendant	32884
if the court determines that either of the following criteria	32885
apply:	32886

(i) If the alleged violation is a violation of a protection	32887
order issued or consent agreement approved pursuant to section	32888
2919.26 or 3113.31 of the Revised Code, that the violation	32889
allegedly involves conduct by the defendant that caused physical	32890
harm to the person or property of a family or household member	32891
covered by the order or agreement, or conduct by the defendant	32892
that caused a family or household member to believe that the	32893
defendant would cause physical harm to that member or that	32894
member's property.	32895

(ii) If the alleged violation is a violation of a protection	32896
order issued pursuant to section 2903.213 or 2903.214 of the	32897
Revised Code or a protection order issued by a court of another	32898
state, that the violation allegedly involves conduct by the	32899
defendant that caused physical harm to the person or property of	32900
the person covered by the order, or conduct by the defendant that	32901
caused the person covered by the order to believe that the	32902
defendant would cause physical harm to that person or that	32903
person's property.	32904

(b) If a defendant is charged with a violation of section	32905
2903.211 of the Revised Code or of a municipal ordinance that is	32906
substantially similar to that section, the court may order an	32907
evaluation of the mental condition of the defendant.	32908

(2) An evaluation ordered under division (A)(1) of this	32909
section shall be completed no later than thirty days from the date	32910
the order is entered pursuant to that division. In that order, the	32911
court shall do either of the following:	32912

(a) Order that the evaluation of the mental condition of the	32913
defendant be preceded by an examination conducted either by a	32914
forensic center that is designated by the department of ~~mental~~	32915
~~health~~mental health and addiction services to conduct	32916
examinations and make evaluations of defendants charged with	32917
violations of section 2903.211 or 2919.27 of the Revised Code or	32918
of substantially similar municipal ordinances in the area in which	32919
the court is located, or by any other program or facility that is	32920
designated by the department of ~~mental health~~mental health and	32921
addiction services or the department of developmental disabilities	32922
to conduct examinations and make evaluations of defendants charged	32923
with violations of section 2903.211 or 2919.27 of the Revised Code	32924
or of substantially similar municipal ordinances, and that is	32925
operated by either department or is certified by either department	32926
as being in compliance with the standards established under	32927
division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 of the Revised Code	32928
or division (C) of section 5123.04 of the Revised Code.	32929

(b) Designate a center, program, or facility other than one	32930
designated by the department of ~~mental health~~mental health and	32931
addiction services or the department of developmental	32932
disabilities, as described in division (A)(2)(a) of this section,	32933
to conduct the evaluation and preceding examination of the mental	32934
condition of the defendant.	32935

Whether the court acts pursuant to division (A)(2)(a) or (b)	32936
of this section, the court may designate examiners other than the	32937
personnel of the center, program, facility, or department involved	32938
to make the evaluation and preceding examination of the mental	32939
condition of the defendant.	32940

(B) If the court considers that additional evaluations of the	32941
mental condition of a defendant are necessary following the	32942
evaluation authorized by division (A) of this section, the court	32943
may order up to two additional similar evaluations. These	32944
evaluations shall be completed no later than thirty days from the	32945
date the applicable court order is entered. If more than one	32946
evaluation of the mental condition of the defendant is ordered	32947
under this division, the prosecutor and the defendant may	32948
recommend to the court an examiner whom each prefers to perform	32949
one of the evaluations and preceding examinations.	32950

(C)(1) The court may order a defendant who has been released	32951
on bail to submit to an examination under division (A) or (B) of	32952
this section. The examination shall be conducted either at the	32953
detention facility in which the defendant would have been confined	32954
if the defendant had not been released on bail, or, if so	32955
specified by the center, program, facility, or examiners involved,	32956
at the premises of the center, program, or facility. Additionally,	32957
the examination shall be conducted at the times established by the	32958
examiners involved. If such a defendant refuses to submit to an	32959
examination or a complete examination as required by the court or	32960
the center, program, facility, or examiners involved, the court	32961
may amend the conditions of the bail of the defendant and order	32962
the sheriff to take the defendant into custody and deliver the	32963
defendant to the detention facility in which the defendant would	32964
have been confined if the defendant had not been released on bail,	32965
or, if so specified by the center, program, facility, or examiners	32966
involved, to the premises of the center, program, or facility, for	32967
purposes of the examination.	32968

(2) A defendant who has not been released on bail shall be	32969
examined at the detention facility in which the defendant is	32970
confined or, if so specified by the center, program, facility, or	32971
examiners involved, at the premises of the center, program, or	32972
facility.	32973

(D) The examiner of the mental condition of a defendant under	32974
division (A) or (B) of this section shall file a written report	32975
with the court within thirty days after the entry of an order for	32976
the evaluation of the mental condition of the defendant. The	32977
report shall contain the findings of the examiner; the facts in	32978
reasonable detail on which the findings are based; the opinion of	32979
the examiner as to the mental condition of the defendant; the	32980
opinion of the examiner as to whether the defendant represents a	32981
substantial risk of physical harm to other persons as manifested	32982
by evidence of recent homicidal or other violent behavior,	32983
evidence of recent threats that placed other persons in reasonable	32984
fear of violent behavior and serious physical harm, or evidence of	32985
present dangerousness; and the opinion of the examiner as to the	32986
types of treatment or counseling that the defendant needs. The	32987
court shall provide copies of the report to the prosecutor and	32988
defense counsel.	32989

(E) The costs of any evaluation and preceding examination of	32990
a defendant that is ordered pursuant to division (A) or (B) of	32991
this section shall be taxed as court costs in the criminal case.	32992

(F) If the examiner considers it necessary in order to make	32993
an accurate evaluation of the mental condition of a defendant, an	32994
examiner under division (A) or (B) of this section may request any	32995
family or household member of the defendant to provide the	32996
examiner with information. A family or household member may, but	32997
is not required to, provide information to the examiner upon	32998
receipt of the request.	32999

(G) As used in this section:

33000

(1) "Bail" includes a recognizance.

33001

(2) "Examiner" means a psychiatrist, a licensed independent	33002
social worker who is employed by a forensic center that is	33003
certified as being in compliance with the standards established	33004
under division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 or division	33005
(C) of section 5123.04 of the Revised Code, a licensed	33006
professional clinical counselor who is employed at a forensic	33007
center that is certified as being in compliance with such	33008
standards, or a licensed clinical psychologist, except that in	33009
order to be an examiner, a licensed clinical psychologist shall	33010
meet the criteria of division (I)(1) of section 5122.01 of the	33011
Revised Code or be employed to conduct examinations by the	33012
department of ~~mental health~~mental health and addiction services	33013
or by a forensic center certified as being in compliance with the	33014
standards established under division ~~(H)~~(B)(7) of section ~~5119.01~~	33015
5119.10 or division (C) of section 5123.04 of the Revised Code	33016
that is designated by the department of ~~mental health~~mental	33017
health and addiction services.	33018

(3) "Family or household member" has the same meaning as in	33019
section 2919.25 of the Revised Code.	33020

(4) "Prosecutor" has the same meaning as in section 2935.01	33021
of the Revised Code.	33022

(5) "Psychiatrist" and "licensed clinical psychologist" have	33023
the same meanings as in section 5122.01 of the Revised Code.	33024

(6) "Protection order issued by a court of another state" has	33025
the same meaning as in section 2919.27 of the Revised Code.	33026

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	33027
Revised Code:	33028

(A) "Public official" means any elected or appointed officer,	33029
or employee, or agent of the state or any political subdivision,	33030
whether in a temporary or permanent capacity, and includes, but is	33031
not limited to, legislators, judges, and law enforcement officers.	33032
"Public official" does not include an employee, officer, or	33033
governor-appointed member of the board of directors of the	33034
nonprofit corporation formed under section 187.01 of the Revised	33035
Code.	33036

(B) "Public servant" means any of the following:

33037

(1) Any public official;

33038

(2) Any person performing ad hoc a governmental function,	33039
including, but not limited to, a juror, member of a temporary	33040
commission, master, arbitrator, advisor, or consultant;	33041

(3) A person who is a candidate for public office, whether or	33042
not the person is elected or appointed to the office for which the	33043
person is a candidate. A person is a candidate for purposes of	33044
this division if the person has been nominated according to law	33045
for election or appointment to public office, or if the person has	33046
filed a petition or petitions as required by law to have the	33047
person's name placed on the ballot in a primary, general, or	33048
special election, or if the person campaigns as a write-in	33049
candidate in any primary, general, or special election.	33050

"Public servant" does not include an employee, officer, or	33051
governor-appointed member of the board of directors of the	33052
nonprofit corporation formed under section 187.01 of the Revised	33053
Code.	33054

(C) "Party official" means any person who holds an elective	33055
or appointive post in a political party in the United States or	33056
this state, by virtue of which the person directs, conducts, or	33057
participates in directing or conducting party affairs at any level	33058
of responsibility.	33059

(D) "Official proceeding" means any proceeding before a	33060
legislative, judicial, administrative, or other governmental	33061
agency or official authorized to take evidence under oath, and	33062
includes any proceeding before a referee, hearing examiner,	33063
commissioner, notary, or other person taking testimony or a	33064
deposition in connection with an official proceeding.	33065

(E) "Detention" means arrest; confinement in any vehicle	33066
subsequent to an arrest; confinement in any public or private	33067
facility for custody of persons charged with or convicted of crime	33068
in this state or another state or under the laws of the United	33069
States or alleged or found to be a delinquent child or unruly	33070
child in this state or another state or under the laws of the	33071
United States; hospitalization, institutionalization, or	33072
confinement in any public or private facility that is ordered	33073
pursuant to or under the authority of section 2945.37, 2945.371,	33074
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	33075
Code; confinement in any vehicle for transportation to or from any	33076
facility of any of those natures; detention for extradition or	33077
deportation; except as provided in this division, supervision by	33078
any employee of any facility of any of those natures that is	33079
incidental to hospitalization, institutionalization, or	33080
confinement in the facility but that occurs outside the facility;	33081
supervision by an employee of the department of rehabilitation and	33082
correction of a person on any type of release from a state	33083
correctional institution; or confinement in any vehicle, airplane,	33084
or place while being returned from outside of this state into this	33085
state by a private person or entity pursuant to a contract entered	33086
into under division (E) of section 311.29 of the Revised Code or	33087
division (B) of section 5149.03 of the Revised Code. For a person	33088
confined in a county jail who participates in a county jail	33089
industry program pursuant to section 5147.30 of the Revised Code,	33090
"detention" includes time spent at an assigned work site and going	33091
to and from the work site.	33092

(F) "Detention facility" means any public or private place	33093
used for the confinement of a person charged with or convicted of	33094
any crime in this state or another state or under the laws of the	33095
United States or alleged or found to be a delinquent child or	33096
unruly child in this state or another state or under the laws of	33097
the United States.	33098

(G) "Valuable thing or valuable benefit" includes, but is not	33099
limited to, a contribution. This inclusion does not indicate or	33100
imply that a contribution was not included in those terms before	33101
September 17, 1986.	33102

(H) "Campaign committee," "contribution," "political action	33103
committee," "legislative campaign fund," "political party," and	33104
"political contributing entity" have the same meanings as in	33105
section 3517.01 of the Revised Code.	33106

(I) "Provider agreement" ~~and "medical assistance program"~~	33107
~~have~~has the same ~~meanings~~meaning as in section ~~2913.40~~5164.01	33108
of the Revised Code.	33109

Sec. 2921.13. (A) No person shall knowingly make a false	33110
statement, or knowingly swear or affirm the truth of a false	33111
statement previously made, when any of the following applies:	33112

(1) The statement is made in any official proceeding.

33113

(2) The statement is made with purpose to incriminate	33114
another.	33115

(3) The statement is made with purpose to mislead a public	33116
official in performing the public official's official function.	33117

(4) The statement is made with purpose to secure a grant	33118
under Chapter 4143. of the Revised Code; the payment of	33119
unemployment compensation; Ohio works first; prevention,	33120
retention, and contingency benefits and services; disability	33121
financial assistance; retirement benefits or health care coverage	33122
from a state retirement system; economic development assistance,	33123
as defined in section 9.66 of the Revised Code; or other benefits	33124
administered by a governmental agency or paid out of a public	33125
treasury.	33126

(5) The statement is made with purpose to secure the issuance	33127
by a governmental agency of a license, permit, authorization,	33128
certificate, registration, release, or provider agreement.	33129

(6) The statement is sworn or affirmed before a notary public	33130
or another person empowered to administer oaths.	33131

(7) The statement is in writing on or in connection with a	33132
report or return that is required or authorized by law.	33133

(8) The statement is in writing and is made with purpose to	33134
induce another to extend credit to or employ the offender, to	33135
confer any degree, diploma, certificate of attainment, award of	33136
excellence, or honor on the offender, or to extend to or bestow	33137
upon the offender any other valuable benefit or distinction, when	33138
the person to whom the statement is directed relies upon it to	33139
that person's detriment.	33140

(9) The statement is made with purpose to commit or	33141
facilitate the commission of a theft offense.	33142

(10) The statement is knowingly made to a probate court in	33143
connection with any action, proceeding, or other matter within its	33144
jurisdiction, either orally or in a written document, including,	33145
but not limited to, an application, petition, complaint, or other	33146
pleading, or an inventory, account, or report.	33147

(11) The statement is made on an account, form, record,	33148
stamp, label, or other writing that is required by law.	33149

(12) The statement is made in connection with the purchase of	33150
a firearm, as defined in section 2923.11 of the Revised Code, and	33151
in conjunction with the furnishing to the seller of the firearm of	33152
a fictitious or altered driver's or commercial driver's license or	33153
permit, a fictitious or altered identification card, or any other	33154
document that contains false information about the purchaser's	33155
identity.	33156

(13) The statement is made in a document or instrument of	33157
writing that purports to be a judgment, lien, or claim of	33158
indebtedness and is filed or recorded with the secretary of state,	33159
a county recorder, or the clerk of a court of record.	33160

(14) The statement is made in an application filed with a	33161
county sheriff pursuant to section 2923.125 of the Revised Code in	33162
order to obtain or renew a concealed handgun license or is made in	33163
an affidavit submitted to a county sheriff to obtain a concealed	33164
handgun license on a temporary emergency basis under section	33165
2923.1213 of the Revised Code.	33166

(15) The statement is required under section 5743.71 of the	33167
Revised Code in connection with the person's purchase of	33168
cigarettes or tobacco products in a delivery sale.	33169

(B) No person, in connection with the purchase of a firearm,	33170
as defined in section 2923.11 of the Revised Code, shall knowingly	33171
furnish to the seller of the firearm a fictitious or altered	33172
driver's or commercial driver's license or permit, a fictitious or	33173
altered identification card, or any other document that contains	33174
false information about the purchaser's identity.	33175

(C) No person, in an attempt to obtain a concealed handgun	33176
license under section 2923.125 of the Revised Code, shall	33177
knowingly present to a sheriff a fictitious or altered document	33178
that purports to be certification of the person's competence in	33179
handling a handgun as described in division (B)(3) of that	33180
section.	33181

(D) It is no defense to a charge under division (A)(6) of	33182
this section that the oath or affirmation was administered or	33183
taken in an irregular manner.	33184

(E) If contradictory statements relating to the same fact are	33185
made by the offender within the period of the statute of	33186
limitations for falsification, it is not necessary for the	33187
prosecution to prove which statement was false but only that one	33188
or the other was false.	33189

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	33190
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	33191
of falsification, a misdemeanor of the first degree.	33192

(2) Whoever violates division (A)(9) of this section is	33193
guilty of falsification in a theft offense. Except as otherwise	33194
provided in this division, falsification in a theft offense is a	33195
misdemeanor of the first degree. If the value of the property or	33196
services stolen is one thousand dollars or more and is less than	33197
seven thousand five hundred dollars, falsification in a theft	33198
offense is a felony of the fifth degree. If the value of the	33199
property or services stolen is seven thousand five hundred dollars	33200
or more and is less than one hundred fifty thousand dollars,	33201
falsification in a theft offense is a felony of the fourth degree.	33202
If the value of the property or services stolen is one hundred	33203
fifty thousand dollars or more, falsification in a theft offense	33204
is a felony of the third degree.	33205

(3) Whoever violates division (A)(12) or (B) of this section	33206
is guilty of falsification to purchase a firearm, a felony of the	33207
fifth degree.	33208

(4) Whoever violates division (A)(14) or (C) of this section	33209
is guilty of falsification to obtain a concealed handgun license,	33210
a felony of the fourth degree.	33211

(G) A person who violates this section is liable in a civil	33212
action to any person harmed by the violation for injury, death, or	33213
loss to person or property incurred as a result of the commission	33214
of the offense and for reasonable attorney's fees, court costs,	33215
and other expenses incurred as a result of prosecuting the civil	33216
action commenced under this division. A civil action under this	33217
division is not the exclusive remedy of a person who incurs	33218
injury, death, or loss to person or property as a result of a	33219
violation of this section.	33220

Sec. 2921.22. (A)(1) Except as provided in division (A)(2)	33221
of this section, no person, knowing that a felony has been or is	33222
being committed, shall knowingly fail to report such information	33223
to law enforcement authorities.	33224

(2) No person, knowing that a violation of division (B) of	33225
section 2913.04 of the Revised Code has been, or is being	33226
committed or that the person has received information derived from	33227
such a violation, shall knowingly fail to report the violation to	33228
law enforcement authorities.	33229

(B) Except for conditions that are within the scope of	33230
division (E) of this section, no physician, limited practitioner,	33231
nurse, or other person giving aid to a sick or injured person	33232
shall negligently fail to report to law enforcement authorities	33233
any gunshot or stab wound treated or observed by the physician,	33234
limited practitioner, nurse, or person, or any serious physical	33235
harm to persons that the physician, limited practitioner, nurse,	33236
or person knows or has reasonable cause to believe resulted from	33237
an offense of violence.	33238

(C) No person who discovers the body or acquires the first	33239
knowledge of the death of a person shall fail to report the death	33240
immediately to a physician whom the person knows to be treating	33241
the deceased for a condition from which death at such time would	33242
not be unexpected, or to a law enforcement officer, an ambulance	33243
service, an emergency squad, or the coroner in a political	33244
subdivision in which the body is discovered, the death is believed	33245
to have occurred, or knowledge concerning the death is obtained.	33246

(D) No person shall fail to provide upon request of the	33247
person to whom a report required by division (C) of this section	33248
was made, or to any law enforcement officer who has reasonable	33249
cause to assert the authority to investigate the circumstances	33250
surrounding the death, any facts within the person's knowledge	33251
that may have a bearing on the investigation of the death.	33252

(E)(1) As used in this division, "burn injury" means any of	33253
the following:	33254

(a) Second or third degree burns;

33255

(b) Any burns to the upper respiratory tract or laryngeal	33256
edema due to the inhalation of superheated air;	33257

33258

(d) Any physical harm to persons caused by or as the result	33259
of the use of fireworks, novelties and trick noisemakers, and wire	33260
sparklers, as each is defined by section 3743.01 of the Revised	33261
Code.	33262

(2) No physician, nurse, or limited practitioner who, outside	33263
a hospital, sanitarium, or other medical facility, attends or	33264
treats a person who has sustained a burn injury that is inflicted	33265
by an explosion or other incendiary device or that shows evidence	33266
of having been inflicted in a violent, malicious, or criminal	33267
manner shall fail to report the burn injury immediately to the	33268
local arson, or fire and explosion investigation, bureau, if there	33269
is a bureau of this type in the jurisdiction in which the person	33270
is attended or treated, or otherwise to local law enforcement	33271
authorities.	33272

(3) No manager, superintendent, or other person in charge of	33273
a hospital, sanitarium, or other medical facility in which a	33274
person is attended or treated for any burn injury that is	33275
inflicted by an explosion or other incendiary device or that shows	33276
evidence of having been inflicted in a violent, malicious, or	33277
criminal manner shall fail to report the burn injury immediately	33278
to the local arson, or fire and explosion investigation, bureau,	33279
if there is a bureau of this type in the jurisdiction in which the	33280
person is attended or treated, or otherwise to local law	33281
enforcement authorities.	33282

(4) No person who is required to report any burn injury under	33283
division (E)(2) or (3) of this section shall fail to file, within	33284
three working days after attending or treating the victim, a	33285
written report of the burn injury with the office of the state	33286
fire marshal. The report shall comply with the uniform standard	33287
developed by the state fire marshal pursuant to division (A)(15)	33288
of section 3737.22 of the Revised Code.	33289

(5) Anyone participating in the making of reports under	33290
division (E) of this section or anyone participating in a judicial	33291
proceeding resulting from the reports is immune from any civil or	33292
criminal liability that otherwise might be incurred or imposed as	33293
a result of such actions. Notwithstanding section 4731.22 of the	33294
Revised Code, the physician-patient relationship is not a ground	33295
for excluding evidence regarding a person's burn injury or the	33296
cause of the burn injury in any judicial proceeding resulting from	33297
a report submitted under division (E) of this section.	33298

(F)(1) Any doctor of medicine or osteopathic medicine,	33299
hospital intern or resident, registered or licensed practical	33300
nurse, psychologist, social worker, independent social worker,	33301
social work assistant, professional clinical counselor, or	33302
professional counselor who knows or has reasonable cause to	33303
believe that a patient or client has been the victim of domestic	33304
violence, as defined in section 3113.31 of the Revised Code, shall	33305
note that knowledge or belief and the basis for it in the	33306
patient's or client's records.	33307

(2) Notwithstanding section 4731.22 of the Revised Code, the	33308
doctor-patient privilege shall not be a ground for excluding any	33309
information regarding the report containing the knowledge or	33310
belief noted under division (F)(1) of this section, and the	33311
information may be admitted as evidence in accordance with the	33312
Rules of Evidence.	33313

(G) Divisions (A) and (D) of this section do not require	33314
disclosure of information, when any of the following applies:	33315

(1) The information is privileged by reason of the	33316
relationship between attorney and client; doctor and patient;	33317
licensed psychologist or licensed school psychologist and client;	33318
member of the clergy, rabbi, minister, or priest and any person	33319
communicating information confidentially to the member of the	33320
clergy, rabbi, minister, or priest for a religious counseling	33321
purpose of a professional character; husband and wife; or a	33322
communications assistant and those who are a party to a	33323
telecommunications relay service call.	33324

(2) The information would tend to incriminate a member of the	33325
actor's immediate family.	33326

(3) Disclosure of the information would amount to revealing a	33327
news source, privileged under section 2739.04 or 2739.12 of the	33328
Revised Code.	33329

(4) Disclosure of the information would amount to disclosure	33330
by a member of the ordained clergy of an organized religious body	33331
of a confidential communication made to that member of the clergy	33332
in that member's capacity as a member of the clergy by a person	33333
seeking the aid or counsel of that member of the clergy.	33334

(5) Disclosure would amount to revealing information acquired	33335
by the actor in the course of the actor's duties in connection	33336
with a bona fide program of treatment or services for drug	33337
dependent persons or persons in danger of drug dependence, which	33338
program is maintained or conducted by a hospital, clinic, person,	33339
agency, or ~~organization~~services provider certified pursuant to	33340
section ~~3793.06~~5119.36 of the Revised Code.	33341

(6) Disclosure would amount to revealing information acquired	33342
by the actor in the course of the actor's duties in connection	33343
with a bona fide program for providing counseling services to	33344
victims of crimes that are violations of section 2907.02 or	33345
2907.05 of the Revised Code or to victims of felonious sexual	33346
penetration in violation of former section 2907.12 of the Revised	33347
Code. As used in this division, "counseling services" include	33348
services provided in an informal setting by a person who, by	33349
education or experience, is competent to provide those services.	33350

(H) No disclosure of information pursuant to this section	33351
gives rise to any liability or recrimination for a breach of	33352
privilege or confidence.	33353

(I) Whoever violates division (A) or (B) of this section is	33354
guilty of failure to report a crime. Violation of division (A)(1)	33355
of this section is a misdemeanor of the fourth degree. Violation	33356
of division (A)(2) or (B) of this section is a misdemeanor of the	33357
second degree.	33358

(J) Whoever violates division (C) or (D) of this section is	33359
guilty of failure to report knowledge of a death, a misdemeanor of	33360
the fourth degree.	33361

(K)(1) Whoever negligently violates division (E) of this	33362
section is guilty of a minor misdemeanor.	33363

(2) Whoever knowingly violates division (E) of this section	33364
is guilty of a misdemeanor of the second degree.	33365

Sec. 2921.36. (A) No person shall knowingly convey, or	33366
attempt to convey, onto the grounds of a detention facility or of	33367
an institution, office building, or other place that is under the	33368
control of the department of ~~mental health~~mental health and	33369
addiction services, the department of developmental disabilities,	33370
the department of youth services, or the department of	33371
rehabilitation and correction any of the following items:	33372

(1) Any deadly weapon or dangerous ordnance, as defined in	33373
section 2923.11 of the Revised Code, or any part of or ammunition	33374
for use in such a deadly weapon or dangerous ordnance;	33375

(2) Any drug of abuse, as defined in section 3719.011 of the	33376
Revised Code;	33377

(3) Any intoxicating liquor, as defined in section 4301.01 of	33378
the Revised Code.	33379

(B) Division (A) of this section does not apply to any person	33380
who conveys or attempts to convey an item onto the grounds of a	33381
detention facility or of an institution, office building, or other	33382
place under the control of the department of ~~mental health~~mental	33383
health and addiction services, the department of developmental	33384
disabilities, the department of youth services, or the department	33385
of rehabilitation and correction pursuant to the written	33386
authorization of the person in charge of the detention facility or	33387
the institution, office building, or other place and in accordance	33388
with the written rules of the detention facility or the	33389
institution, office building, or other place.	33390

(C) No person shall knowingly deliver, or attempt to deliver,	33391
to any person who is confined in a detention facility, to a child	33392
confined in a youth services facility, to a prisoner who is	33393
temporarily released from confinement for a work assignment, or to	33394
any patient in an institution under the control of the department	33395
of ~~mental health~~mental health and addiction services or the	33396
department of developmental disabilities any item listed in	33397
division (A)(1), (2), or (3) of this section.	33398

(D) No person shall knowingly deliver, or attempt to deliver,	33399
cash to any person who is confined in a detention facility, to a	33400
child confined in a youth services facility, or to a prisoner who	33401
is temporarily released from confinement for a work assignment.	33402

(E) No person shall knowingly deliver, or attempt to deliver,	33403
to any person who is confined in a detention facility, to a child	33404
confined in a youth services facility, or to a prisoner who is	33405
temporarily released from confinement for a work assignment a	33406
cellular telephone, two-way radio, or other electronic	33407
communications device.	33408

(F)(1) It is an affirmative defense to a charge under	33409
division (A)(1) of this section that the weapon or dangerous	33410
ordnance in question was being transported in a motor vehicle for	33411
any lawful purpose, that it was not on the actor's person, and, if	33412
the weapon or dangerous ordnance in question was a firearm, that	33413
it was unloaded and was being carried in a closed package, box, or	33414
case or in a compartment that can be reached only by leaving the	33415
vehicle.	33416

(2) It is an affirmative defense to a charge under division	33417
(C) of this section that the actor was not otherwise prohibited by	33418
law from delivering the item to the confined person, the child,	33419
the prisoner, or the patient and that either of the following	33420
applies:	33421

(a) The actor was permitted by the written rules of the	33422
detention facility or the institution, office building, or other	33423
place to deliver the item to the confined person or the patient.	33424

(b) The actor was given written authorization by the person	33425
in charge of the detention facility or the institution, office	33426
building, or other place to deliver the item to the confined	33427
person or the patient.	33428

(G)(1) Whoever violates division (A)(1) of this section or	33429
commits a violation of division (C) of this section involving an	33430
item listed in division (A)(1) of this section is guilty of	33431
illegal conveyance of weapons onto the grounds of a specified	33432
governmental facility, a felony of the third degree. If the	33433
offender is an officer or employee of the department of	33434
rehabilitation and correction, the court shall impose a mandatory	33435
prison term.	33436

(2) Whoever violates division (A)(2) of this section or	33437
commits a violation of division (C) of this section involving any	33438
drug of abuse is guilty of illegal conveyance of drugs of abuse	33439
onto the grounds of a specified governmental facility, a felony of	33440
the third degree. If the offender is an officer or employee of the	33441
department of rehabilitation and correction or of the department	33442
of youth services, the court shall impose a mandatory prison term.	33443

(3) Whoever violates division (A)(3) of this section or	33444
commits a violation of division (C) of this section involving any	33445
intoxicating liquor is guilty of illegal conveyance of	33446
intoxicating liquor onto the grounds of a specified governmental	33447
facility, a misdemeanor of the second degree.	33448

(4) Whoever violates division (D) of this section is guilty	33449
of illegal conveyance of cash onto the grounds of a detention	33450
facility, a misdemeanor of the first degree. If the offender	33451
previously has been convicted of or pleaded guilty to a violation	33452
of division (D) of this section, illegal conveyance of cash onto	33453
the grounds of a detention facility is a felony of the fifth	33454
degree.	33455

(5) Whoever violates division (E) of this section is guilty	33456
of illegal conveyance of a communications device onto the grounds	33457
of a specified governmental facility, a misdemeanor of the first	33458
degree, or if the offender previously has been convicted of or	33459
pleaded guilty to a violation of division (E) of this section, a	33460
felony of the fifth degree.	33461

Sec. 2921.38. (A) No person who is confined in a detention	33462
facility, with intent to harass, annoy, threaten, or alarm another	33463
person, shall cause or attempt to cause the other person to come	33464
into contact with blood, semen, urine, feces, or another bodily	33465
substance by throwing the bodily substance at the other person, by	33466
expelling the bodily substance upon the other person, or in any	33467
other manner.	33468

(B) No person, with intent to harass, annoy, threaten, or	33469
alarm a law enforcement officer, shall cause or attempt to cause	33470
the law enforcement officer to come into contact with blood,	33471
semen, urine, feces, or another bodily substance by throwing the	33472
bodily substance at the law enforcement officer, by expelling the	33473
bodily substance upon the law enforcement officer, or in any other	33474
manner.	33475

(C) No person, with knowledge that the person is a carrier of	33476
the virus that causes acquired immunodeficiency syndrome, is a	33477
carrier of a hepatitis virus, or is infected with tuberculosis and	33478
with intent to harass, annoy, threaten, or alarm another person,	33479
shall cause or attempt to cause the other person to come into	33480
contact with blood, semen, urine, feces, or another bodily	33481
substance by throwing the bodily substance at the other person, by	33482
expelling the bodily substance upon the other person, or in any	33483
other manner.	33484

(D) Whoever violates this section is guilty of harassment	33485
with a bodily substance. A violation of division (A) or (B) of	33486
this section is a felony of the fifth degree. A violation of	33487
division (C) of this section is a felony of the third degree.	33488

(E)(1) The court, on request of the prosecutor, or the law	33489
enforcement authority responsible for the investigation of the	33490
violation, shall cause a person who allegedly has committed a	33491
violation of this section to submit to one or more appropriate	33492
tests to determine if the person is a carrier of the virus that	33493
causes acquired immunodeficiency syndrome, is a carrier of a	33494
hepatitis virus, or is infected with tuberculosis.	33495

(2) The court shall charge the offender with the costs of the	33496
test or tests ordered under division (E)(1) of this section unless	33497
the court determines that the accused is unable to pay, in which	33498
case the costs shall be charged to the entity that operates the	33499
detention facility in which the alleged offense occurred.	33500

(F) This section does not apply to a person who is	33501
hospitalized, institutionalized, or confined in a facility	33502
operated by the department of ~~mental health~~mental health and	33503
addiction services or the department of developmental	33504
disabilities.	33505

Sec. 2923.125. (A) This section applies with respect to the	33506
application for and issuance by this state of concealed handgun	33507
licenses other than concealed handgun licenses on a temporary	33508
emergency basis that are issued under section 2923.1213 of the	33509
Revised Code. Upon the request of a person who wishes to obtain a	33510
concealed handgun license with respect to which this section	33511
applies or to renew a concealed handgun license with respect to	33512
which this section applies, a sheriff, as provided in division (I)	33513
of this section, shall provide to the person free of charge an	33514
application form and the web site address at which the pamphlet	33515
described in division (B) of section 109.731 of the Revised Code	33516
may be found. A sheriff shall accept a completed application form	33517
and the fee, items, materials, and information specified in	33518
divisions (B)(1) to (5) of this section at the times and in the	33519
manners described in division (I) of this section.	33520

(B) An applicant for a concealed handgun license with respect	33521
to which this section applies shall submit a completed application	33522
form and all of the following to the sheriff of the county in	33523
which the applicant resides or to the sheriff of any county	33524
adjacent to the county in which the applicant resides:	33525

(1)(a) A nonrefundable license fee as described in either of	33526
the following:	33527

(i) For an applicant who has been a resident of this state	33528
for five or more years, a fee of sixty-seven dollars;	33529

(ii) For an applicant who has been a resident of this state	33530
for less than five years, a fee of sixty-seven dollars plus the	33531
actual cost of having a background check performed by the federal	33532
bureau of investigation.	33533

(b) No sheriff shall require an applicant to pay for the cost	33534
of a background check performed by the bureau of criminal	33535
identification and investigation.	33536

(c) A sheriff shall waive the payment of the license fee	33537
described in division (B)(1)(a) of this section in connection with	33538
an initial or renewal application for a license that is submitted	33539
by an applicant who is a retired peace officer, a retired person	33540
described in division (B)(1)(b) of section 109.77 of the Revised	33541
Code, or a retired federal law enforcement officer who, prior to	33542
retirement, was authorized under federal law to carry a firearm in	33543
the course of duty, unless the retired peace officer, person, or	33544
federal law enforcement officer retired as the result of a mental	33545
disability.	33546

(d) The sheriff shall deposit all fees paid by an applicant	33547
under division (B)(1)(a) of this section into the sheriff's	33548
concealed handgun license issuance fund established pursuant to	33549
section 311.42 of the Revised Code. The county shall distribute	33550
the fees in accordance with section 311.42 of the Revised Code.	33551

(2) A color photograph of the applicant that was taken within	33552
thirty days prior to the date of the application;	33553

(3) One or more of the following competency certifications,	33554
each of which shall reflect that, regarding a certification	33555
described in division (B)(3)(a), (b), (c), (e), or (f) of this	33556
section, within the three years immediately preceding the	33557
application the applicant has performed that to which the	33558
competency certification relates and that, regarding a	33559
certification described in division (B)(3)(d) of this section, the	33560
applicant currently is an active or reserve member of the armed	33561
forces of the United States or within the six years immediately	33562
preceding the application the honorable discharge or retirement to	33563
which the competency certification relates occurred:	33564

(a) An original or photocopy of a certificate of completion	33565
of a firearms safety, training, or requalification or firearms	33566
safety instructor course, class, or program that was offered by or	33567
under the auspices of the national rifle association and that	33568
complies with the requirements set forth in division (G) of this	33569
section;	33570

(b) An original or photocopy of a certificate of completion	33571
of a firearms safety, training, or requalification or firearms	33572
safety instructor course, class, or program that satisfies all of	33573
the following criteria:	33574

(i) It was open to members of the general public.

33575

(ii) It utilized qualified instructors who were certified by	33576
the national rifle association, the executive director of the Ohio	33577
peace officer training commission pursuant to section 109.75 or	33578
109.78 of the Revised Code, or a governmental official or entity	33579
of another state.	33580

(iii) It was offered by or under the auspices of a law	33581
enforcement agency of this or another state or the United States,	33582
a public or private college, university, or other similar	33583
postsecondary educational institution located in this or another	33584
state, a firearms training school located in this or another	33585
state, or another type of public or private entity or organization	33586
located in this or another state.	33587

(iv) It complies with the requirements set forth in division	33588
(G) of this section.	33589

(c) An original or photocopy of a certificate of completion	33590
of a state, county, municipal, or department of natural resources	33591
peace officer training school that is approved by the executive	33592
director of the Ohio peace officer training commission pursuant to	33593
section 109.75 of the Revised Code and that complies with the	33594
requirements set forth in division (G) of this section, or the	33595
applicant has satisfactorily completed and been issued a	33596
certificate of completion of a basic firearms training program, a	33597
firearms requalification training program, or another basic	33598
training program described in section 109.78 or 109.801 of the	33599
Revised Code that complies with the requirements set forth in	33600
division (G) of this section;	33601

(d) A document that evidences both of the following:

33602

(i) That the applicant is an active or reserve member of the	33603
armed forces of the United States, was honorably discharged from	33604
military service in the active or reserve armed forces of the	33605
United States, is a retired trooper of the state highway patrol,	33606
or is a retired peace officer or federal law enforcement officer	33607
described in division (B)(1) of this section or a retired person	33608
described in division (B)(1)(b) of section 109.77 of the Revised	33609
Code and division (B)(1) of this section;	33610

(ii) That, through participation in the military service or	33611
through the former employment described in division (B)(3)(d)(i)	33612
of this section, the applicant acquired experience with handling	33613
handguns or other firearms, and the experience so acquired was	33614
equivalent to training that the applicant could have acquired in a	33615
course, class, or program described in division (B)(3)(a), (b), or	33616
(c) of this section.	33617

(e) A certificate or another similar document that evidences	33618
satisfactory completion of a firearms training, safety, or	33619
requalification or firearms safety instructor course, class, or	33620
program that is not otherwise described in division (B)(3)(a),	33621
(b), (c), or (d) of this section, that was conducted by an	33622
instructor who was certified by an official or entity of the	33623
government of this or another state or the United States or by the	33624
national rifle association, and that complies with the	33625
requirements set forth in division (G) of this section;	33626

(f) An affidavit that attests to the applicant's satisfactory	33627
completion of a course, class, or program described in division	33628
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	33629
by the applicant's instructor or an authorized representative of	33630
the entity that offered the course, class, or program or under	33631
whose auspices the course, class, or program was offered.	33632

(4) A certification by the applicant that the applicant has	33633
read the pamphlet prepared by the Ohio peace officer training	33634
commission pursuant to section 109.731 of the Revised Code that	33635
reviews firearms, dispute resolution, and use of deadly force	33636
matters.	33637

(5) A set of fingerprints of the applicant provided as	33638
described in section 311.41 of the Revised Code through use of an	33639
electronic fingerprint reading device or, if the sheriff to whom	33640
the application is submitted does not possess and does not have	33641
ready access to the use of such a reading device, on a standard	33642
impression sheet prescribed pursuant to division (C)(2) of section	33643
109.572 of the Revised Code.	33644

(C) Upon receipt of the completed application form,	33645
supporting documentation, and, if not waived, license fee of an	33646
applicant under this section, a sheriff, in the manner specified	33647
in section 311.41 of the Revised Code, shall conduct or cause to	33648
be conducted the criminal records check and the incompetency	33649
records check described in section 311.41 of the Revised Code.	33650

(D)(1) Except as provided in division (D)(3) or (4) of this	33651
section, within forty-five days after a sheriff's receipt of an	33652
applicant's completed application form for a concealed handgun	33653
license under this section, the supporting documentation, and, if	33654
not waived, the license fee, the sheriff shall make available	33655
through the law enforcement automated data system in accordance	33656
with division (H) of this section the information described in	33657
that division and, upon making the information available through	33658
the system, shall issue to the applicant a concealed handgun	33659
license that shall expire as described in division (D)(2)(a) of	33660
this section if all of the following apply:	33661

(a) The applicant is legally living in the United States, has	33662
been a resident of this state for at least forty-five days, and	33663
has been a resident of the county in which the person seeks the	33664
license or a county adjacent to the county in which the person	33665
seeks the license for at least thirty days. For purposes of	33666
division (D)(1)(a) of this section:	33667

(i) If a person is absent from the United States, from this	33668
state, or from a particular county in this state in compliance	33669
with military or naval orders as an active or reserve member of	33670
the armed forces of the United States and if prior to leaving this	33671
state in compliance with those orders the person was legally	33672
living in the United States and was a resident of this state, the	33673
person, solely by reason of that absence, shall not be considered	33674
to have lost the person's status as living in the United States or	33675
the person's residence in this state or in the county in which the	33676
person was a resident prior to leaving this state in compliance	33677
with those orders, without regard to whether or not the person	33678
intends to return to this state or to that county, shall not be	33679
considered to have acquired a residence in any other state, and	33680
shall not be considered to have become a resident of any other	33681
state.	33682

(ii) If a person is present in this state in compliance with	33683
military or naval orders as an active or reserve member of the	33684
armed forces of the United States for at least forty-five days,	33685
the person shall be considered to have been a resident of this	33686
state for that period of at least forty-five days, and, if a	33687
person is present in a county of this state in compliance with	33688
military or naval orders as an active or reserve member of the	33689
armed forces of the United States for at least thirty days, the	33690
person shall be considered to have been a resident of that county	33691
for that period of at least thirty days.	33692

(b) The applicant is at least twenty-one years of age.

33693

33694

(d) The applicant is not under indictment for or otherwise	33695
charged with a felony; an offense under Chapter 2925., 3719., or	33696
4729. of the Revised Code that involves the illegal possession,	33697
use, sale, administration, or distribution of or trafficking in a	33698
drug of abuse; a misdemeanor offense of violence; or a violation	33699
of section 2903.14 or 2923.1211 of the Revised Code.	33700

(e) Except as otherwise provided in division (D)(5) of this	33701
section, the applicant has not been convicted of or pleaded guilty	33702
to a felony or an offense under Chapter 2925., 3719., or 4729. of	33703
the Revised Code that involves the illegal possession, use, sale,	33704
administration, or distribution of or trafficking in a drug of	33705
abuse; has not been adjudicated a delinquent child for committing	33706
an act that if committed by an adult would be a felony or would be	33707
an offense under Chapter 2925., 3719., or 4729. of the Revised	33708
Code that involves the illegal possession, use, sale,	33709
administration, or distribution of or trafficking in a drug of	33710
abuse; and has not been convicted of, pleaded guilty to, or	33711
adjudicated a delinquent child for committing a violation of	33712
section 2903.13 of the Revised Code when the victim of the	33713
violation is a peace officer, regardless of whether the applicant	33714
was sentenced under division (C)~~(3)~~(4) of that section.	33715

(f) Except as otherwise provided in division (D)(5) of this	33716
section, the applicant, within three years of the date of the	33717
application, has not been convicted of or pleaded guilty to a	33718
misdemeanor offense of violence other than a misdemeanor violation	33719
of section 2921.33 of the Revised Code or a violation of section	33720
2903.13 of the Revised Code when the victim of the violation is a	33721
peace officer, or a misdemeanor violation of section 2923.1211 of	33722
the Revised Code; and has not been adjudicated a delinquent child	33723
for committing an act that if committed by an adult would be a	33724
misdemeanor offense of violence other than a misdemeanor violation	33725
of section 2921.33 of the Revised Code or a violation of section	33726
2903.13 of the Revised Code when the victim of the violation is a	33727
peace officer or for committing an act that if committed by an	33728
adult would be a misdemeanor violation of section 2923.1211 of the	33729
Revised Code.	33730

(g) Except as otherwise provided in division (D)(1)(e) of	33731
this section, the applicant, within five years of the date of the	33732
application, has not been convicted of, pleaded guilty to, or	33733
adjudicated a delinquent child for committing two or more	33734
violations of section 2903.13 or 2903.14 of the Revised Code.	33735

(h) Except as otherwise provided in division (D)(5) of this	33736
section, the applicant, within ten years of the date of the	33737
application, has not been convicted of, pleaded guilty to, or	33738
adjudicated a delinquent child for committing a violation of	33739
section 2921.33 of the Revised Code.	33740

(i) The applicant has not been adjudicated as a mental	33741
defective, has not been committed to any mental institution, is	33742
not under adjudication of mental incompetence, has not been found	33743
by a court to be a mentally ill person subject to hospitalization	33744
by court order, and is not an involuntary patient other than one	33745
who is a patient only for purposes of observation. As used in this	33746
division, "mentally ill person subject to hospitalization by court	33747
order" and "patient" have the same meanings as in section 5122.01	33748
of the Revised Code.	33749

(j) The applicant is not currently subject to a civil	33750
protection order, a temporary protection order, or a protection	33751
order issued by a court of another state.	33752

(k) The applicant certifies that the applicant desires a	33753
legal means to carry a concealed handgun for defense of the	33754
applicant or a member of the applicant's family while engaged in	33755
lawful activity.	33756

(l) The applicant submits a competency certification of the	33757
type described in division (B)(3) of this section and submits a	33758
certification of the type described in division (B)(4) of this	33759
section regarding the applicant's reading of the pamphlet prepared	33760
by the Ohio peace officer training commission pursuant to section	33761
109.731 of the Revised Code.	33762

(m) The applicant currently is not subject to a suspension	33763
imposed under division (A)(2) of section 2923.128 of the Revised	33764
Code of a concealed handgun license that previously was issued to	33765
the applicant under this section or section 2923.1213 of the	33766
Revised Code.	33767

(2)(a) A concealed handgun license that a sheriff issues	33768
under division (D)(1) of this section shall expire five years	33769
after the date of issuance.	33770

If a sheriff issues a license under this section, the sheriff	33771
shall place on the license a unique combination of letters and	33772
numbers identifying the license in accordance with the procedure	33773
prescribed by the Ohio peace officer training commission pursuant	33774
to section 109.731 of the Revised Code.	33775

(b) If a sheriff denies an application under this section	33776
because the applicant does not satisfy the criteria described in	33777
division (D)(1) of this section, the sheriff shall specify the	33778
grounds for the denial in a written notice to the applicant. The	33779
applicant may appeal the denial pursuant to section 119.12 of the	33780
Revised Code in the county served by the sheriff who denied the	33781
application. If the denial was as a result of the criminal records	33782
check conducted pursuant to section 311.41 of the Revised Code and	33783
if, pursuant to section 2923.127 of the Revised Code, the	33784
applicant challenges the criminal records check results using the	33785
appropriate challenge and review procedure specified in that	33786
section, the time for filing the appeal pursuant to section 119.12	33787
of the Revised Code and this division is tolled during the	33788
pendency of the request or the challenge and review. If the court	33789
in an appeal under section 119.12 of the Revised Code and this	33790
division enters a judgment sustaining the sheriff's refusal to	33791
grant to the applicant a concealed handgun license, the applicant	33792
may file a new application beginning one year after the judgment	33793
is entered. If the court enters a judgment in favor of the	33794
applicant, that judgment shall not restrict the authority of a	33795
sheriff to suspend or revoke the license pursuant to section	33796
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	33797
the license for any proper cause that may occur after the date the	33798
judgment is entered. In the appeal, the court shall have full	33799
power to dispose of all costs.	33800

(3) If the sheriff with whom an application for a concealed	33801
handgun license was filed under this section becomes aware that	33802
the applicant has been arrested for or otherwise charged with an	33803
offense that would disqualify the applicant from holding the	33804
license, the sheriff shall suspend the processing of the	33805
application until the disposition of the case arising from the	33806
arrest or charge.	33807

(4) If the sheriff determines that the applicant is legally	33808
living in the United States and is a resident of the county in	33809
which the applicant seeks the license or of an adjacent county but	33810
does not yet meet the residency requirements described in division	33811
(D)(1)(a) of this section, the sheriff shall not deny the license	33812
because of the residency requirements but shall not issue the	33813
license until the applicant meets those residency requirements.	33814

(5) If an applicant has been convicted of or pleaded guilty	33815
to an offense identified in division (D)(1)(e), (f), or (h) of	33816
this section or has been adjudicated a delinquent child for	33817
committing an act or violation identified in any of those	33818
divisions, and if a court has ordered the sealing or expungement	33819
of the records of that conviction, guilty plea, or adjudication	33820
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	33821
2953.36, or section 2953.37 of the Revised Code or a court has	33822
granted the applicant relief pursuant to section 2923.14 of the	33823
Revised Code from the disability imposed pursuant to section	33824
2923.13 of the Revised Code relative to that conviction, guilty	33825
plea, or adjudication, the sheriff with whom the application was	33826
submitted shall not consider the conviction, guilty plea, or	33827
adjudication in making a determination under division (D)(1) or	33828
(F) of this section or, in relation to an application for a	33829
concealed handgun license on a temporary emergency basis submitted	33830
under section 2923.1213 of the Revised Code, in making a	33831
determination under division (B)(2) of that section.	33832

(E) If a concealed handgun license issued under this section	33833
is lost or is destroyed, the licensee may obtain from the sheriff	33834
who issued that license a duplicate license upon the payment of a	33835
fee of fifteen dollars and the submission of an affidavit	33836
attesting to the loss or destruction of the license. The sheriff,	33837
in accordance with the procedures prescribed in section 109.731 of	33838
the Revised Code, shall place on the replacement license a	33839
combination of identifying numbers different from the combination	33840
on the license that is being replaced.	33841

(F)(1) A licensee who wishes to renew a concealed handgun	33842
license issued under this section shall do so not earlier than	33843
ninety days before the expiration date of the license or at any	33844
time after the expiration date of the license by filing with the	33845
sheriff of the county in which the applicant resides or with the	33846
sheriff of an adjacent county an application for renewal of the	33847
license obtained pursuant to division (D) of this section, a	33848
certification by the applicant that, subsequent to the issuance of	33849
the license, the applicant has reread the pamphlet prepared by the	33850
Ohio peace officer training commission pursuant to section 109.731	33851
of the Revised Code that reviews firearms, dispute resolution, and	33852
use of deadly force matters, and a nonrefundable license renewal	33853
fee in an amount determined pursuant to division (F)(4) of this	33854
section unless the fee is waived.	33855

(2) A sheriff shall accept a completed renewal application,	33856
the license renewal fee, and the information specified in division	33857
(F)(1) of this section at the times and in the manners described	33858
in division (I) of this section. Upon receipt of a completed	33859
renewal application, of certification that the applicant has	33860
reread the specified pamphlet prepared by the Ohio peace officer	33861
training commission, and of a license renewal fee unless the fee	33862
is waived, a sheriff, in the manner specified in section 311.41 of	33863
the Revised Code shall conduct or cause to be conducted the	33864
criminal records check and the incompetency records check	33865
described in section 311.41 of the Revised Code. The sheriff shall	33866
renew the license if the sheriff determines that the applicant	33867
continues to satisfy the requirements described in division (D)(1)	33868
of this section, except that the applicant is not required to meet	33869
the requirements of division (D)(1)(l) of this section. A renewed	33870
license shall expire five years after the date of issuance. A	33871
renewed license is subject to division (E) of this section and	33872
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	33873
shall comply with divisions (D)(2) to (4) of this section when the	33874
circumstances described in those divisions apply to a requested	33875
license renewal. If a sheriff denies the renewal of a concealed	33876
handgun license, the applicant may appeal the denial, or challenge	33877
the criminal record check results that were the basis of the	33878
denial if applicable, in the same manner as specified in division	33879
(D)(2)(b) of this section and in section 2923.127 of the Revised	33880
Code, regarding the denial of a license under this section.	33881

(3) A renewal application submitted pursuant to division (F)	33882
of this section shall only require the licensee to list on the	33883
application form information and matters occurring since the date	33884
of the licensee's last application for a license pursuant to	33885
division (B) or (F) of this section. A sheriff conducting the	33886
criminal records check and the incompetency records check	33887
described in section 311.41 of the Revised Code shall conduct the	33888
check only from the date of the licensee's last application for a	33889
license pursuant to division (B) or (F) of this section through	33890
the date of the renewal application submitted pursuant to division	33891
(F) of this section.	33892

(4) An applicant for a renewal concealed handgun license	33893
under this section shall submit to the sheriff of the county in	33894
which the applicant resides or to the sheriff of any county	33895
adjacent to the county in which the applicant resides a	33896
nonrefundable license fee as described in either of the following:	33897

(a) For an applicant who has been a resident of this state	33898
for five or more years, a fee of fifty dollars;	33899

(b) For an applicant who has been a resident of this state	33900
for less than five years, a fee of fifty dollars plus the actual	33901
cost of having a background check performed by the federal bureau	33902
of investigation.	33903

(G)(1) Each course, class, or program described in division	33904
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	33905
person who takes the course, class, or program the web site	33906
address at which the pamphlet prepared by the Ohio peace officer	33907
training commission pursuant to section 109.731 of the Revised	33908
Code that reviews firearms, dispute resolution, and use of deadly	33909
force matters may be found. Each such course, class, or program	33910
described in one of those divisions shall include at least twelve	33911
hours of training in the safe handling and use of a firearm that	33912
shall include all of the following:	33913

(a) At least ten hours of training on the following matters:

33914

(i) The ability to name, explain, and demonstrate the rules	33915
for safe handling of a handgun and proper storage practices for	33916
handguns and ammunition;	33917

(ii) The ability to demonstrate and explain how to handle	33918
ammunition in a safe manner;	33919

(iii) The ability to demonstrate the knowledge, skills, and	33920
attitude necessary to shoot a handgun in a safe manner;	33921

(iv) Gun handling training.

33922

(b) At least two hours of training that consists of range	33923
time and live-fire training.	33924

(2) To satisfactorily complete the course, class, or program	33925
described in division (B)(3)(a), (b), (c), or (e) of this section,	33926
the applicant shall pass a competency examination that shall	33927
include both of the following:	33928

(a) A written section on the ability to name and explain the	33929
rules for the safe handling of a handgun and proper storage	33930
practices for handguns and ammunition;	33931

(b) A physical demonstration of competence in the use of a	33932
handgun and in the rules for safe handling and storage of a	33933
handgun and a physical demonstration of the attitude necessary to	33934
shoot a handgun in a safe manner.	33935

(3) The competency certification described in division	33936
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	33937
shall attest that the course, class, or program the applicant	33938
successfully completed met the requirements described in division	33939
(G)(1) of this section and that the applicant passed the	33940
competency examination described in division (G)(2) of this	33941
section.	33942

(H) Upon deciding to issue a concealed handgun license,	33943
deciding to issue a replacement concealed handgun license, or	33944
deciding to renew a concealed handgun license pursuant to this	33945
section, and before actually issuing or renewing the license, the	33946
sheriff shall make available through the law enforcement automated	33947
data system all information contained on the license. If the	33948
license subsequently is suspended under division (A)(1) or (2) of	33949
section 2923.128 of the Revised Code, revoked pursuant to division	33950
(B)(1) of section 2923.128 of the Revised Code, or lost or	33951
destroyed, the sheriff also shall make available through the law	33952
enforcement automated data system a notation of that fact. The	33953
superintendent of the state highway patrol shall ensure that the	33954
law enforcement automated data system is so configured as to	33955
permit the transmission through the system of the information	33956
specified in this division.	33957

(I) A sheriff shall accept a completed application form or	33958
renewal application, and the fee, items, materials, and	33959
information specified in divisions (B)(1) to (5) or division (F)	33960
of this section, whichever is applicable, and shall provide an	33961
application form or renewal application to any person during at	33962
least fifteen hours a week and shall provide the web site address	33963
at which the pamphlet described in division (B) of section 109.731	33964
of the Revised Code may be found at any time, upon request. The	33965
sheriff shall post notice of the hours during which the sheriff is	33966
available to accept or provide the information described in this	33967
division.	33968

Sec. 2923.126. (A) A concealed handgun license that is	33969
issued under section 2923.125 of the Revised Code shall expire	33970
five years after the date of issuance. A licensee who has been	33971
issued a license under that section shall be granted a grace	33972
period of thirty days after the licensee's license expires during	33973
which the licensee's license remains valid. Except as provided in	33974
divisions (B) and (C) of this section, a licensee who has been	33975
issued a concealed handgun license under section 2923.125 or	33976
2923.1213 of the Revised Code may carry a concealed handgun	33977
anywhere in this state if the licensee also carries a valid	33978
license and valid identification when the licensee is in actual	33979
possession of a concealed handgun. The licensee shall give notice	33980
of any change in the licensee's residence address to the sheriff	33981
who issued the license within forty-five days after that change.	33982

If a licensee is the driver or an occupant of a motor vehicle	33983
that is stopped as the result of a traffic stop or a stop for	33984
another law enforcement purpose and if the licensee is	33985
transporting or has a loaded handgun in the motor vehicle at that	33986
time, the licensee shall promptly inform any law enforcement	33987
officer who approaches the vehicle while stopped that the licensee	33988
has been issued a concealed handgun license and that the licensee	33989
currently possesses or has a loaded handgun; the licensee shall	33990
not knowingly disregard or fail to comply with lawful orders of a	33991
law enforcement officer given while the motor vehicle is stopped,	33992
knowingly fail to remain in the motor vehicle while stopped, or	33993
knowingly fail to keep the licensee's hands in plain sight after	33994
any law enforcement officer begins approaching the licensee while	33995
stopped and before the officer leaves, unless directed otherwise	33996
by a law enforcement officer; and the licensee shall not knowingly	33997
have contact with the loaded handgun by touching it with the	33998
licensee's hands or fingers, in any manner in violation of	33999
division (E) of section 2923.16 of the Revised Code, after any law	34000
enforcement officer begins approaching the licensee while stopped	34001
and before the officer leaves. Additionally, if a licensee is the	34002
driver or an occupant of a commercial motor vehicle that is	34003
stopped by an employee of the motor carrier enforcement unit for	34004
the purposes defined in section 5503.04 of the Revised Code and if	34005
the licensee is transporting or has a loaded handgun in the	34006
commercial motor vehicle at that time, the licensee shall promptly	34007
inform the employee of the unit who approaches the vehicle while	34008
stopped that the licensee has been issued a concealed handgun	34009
license and that the licensee currently possesses or has a loaded	34010
handgun.	34011

If a licensee is stopped for a law enforcement purpose and if	34012
the licensee is carrying a concealed handgun at the time the	34013
officer approaches, the licensee shall promptly inform any law	34014
enforcement officer who approaches the licensee while stopped that	34015
the licensee has been issued a concealed handgun license and that	34016
the licensee currently is carrying a concealed handgun; the	34017
licensee shall not knowingly disregard or fail to comply with	34018
lawful orders of a law enforcement officer given while the	34019
licensee is stopped or knowingly fail to keep the licensee's hands	34020
in plain sight after any law enforcement officer begins	34021
approaching the licensee while stopped and before the officer	34022
leaves, unless directed otherwise by a law enforcement officer;	34023
and the licensee shall not knowingly remove, attempt to remove,	34024
grasp, or hold the loaded handgun or knowingly have contact with	34025
the loaded handgun by touching it with the licensee's hands or	34026
fingers, in any manner in violation of division (B) of section	34027
2923.12 of the Revised Code, after any law enforcement officer	34028
begins approaching the licensee while stopped and before the	34029
officer leaves.	34030

(B) A valid concealed handgun license does not authorize the	34031
licensee to carry a concealed handgun in any manner prohibited	34032
under division (B) of section 2923.12 of the Revised Code or in	34033
any manner prohibited under section 2923.16 of the Revised Code. A	34034
valid license does not authorize the licensee to carry a concealed	34035
handgun into any of the following places:	34036

(1) A police station, sheriff's office, or state highway	34037
patrol station, premises controlled by the bureau of criminal	34038
identification and investigation, a state correctional	34039
institution, jail, workhouse, or other detention facility, an	34040
airport passenger terminal, or an institution that is maintained,	34041
operated, managed, and governed pursuant to division (A) of	34042
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	34043
section 5123.03 of the Revised Code;	34044

(2) A school safety zone if the licensee's carrying the	34045
concealed handgun is in violation of section 2923.122 of the	34046
Revised Code;	34047

(3) A courthouse or another building or structure in which a	34048
courtroom is located, in violation of section 2923.123 of the	34049
Revised Code;	34050

(4) Any premises or open air arena for which a D permit has	34051
been issued under Chapter 4303. of the Revised Code if the	34052
licensee's carrying the concealed handgun is in violation of	34053
section 2923.121 of the Revised Code;	34054

(5) Any premises owned or leased by any public or private	34055
college, university, or other institution of higher education,	34056
unless the handgun is in a locked motor vehicle or the licensee is	34057
in the immediate process of placing the handgun in a locked motor	34058
vehicle;	34059

(6) Any church, synagogue, mosque, or other place of worship,	34060
unless the church, synagogue, mosque, or other place of worship	34061
posts or permits otherwise;	34062

(7) A child day-care center, a type A family day-care home, a	34063
type B family day-care home, or a type C family day-care home,	34064
except that this division does not prohibit a licensee who resides	34065
in a type A family day-care home, a type B family day-care home,	34066
or a type C family day-care home from carrying a concealed handgun	34067
at any time in any part of the home that is not dedicated or used	34068
for day-care purposes, or from carrying a concealed handgun in a	34069
part of the home that is dedicated or used for day-care purposes	34070
at any time during which no children, other than children of that	34071
licensee, are in the home;	34072

(8) An aircraft that is in, or intended for operation in,	34073
foreign air transportation, interstate air transportation,	34074
intrastate air transportation, or the transportation of mail by	34075
aircraft;	34076

(9) Any building that is a government facility of this state	34077
or a political subdivision of this state and that is not a	34078
building that is used primarily as a shelter, restroom, parking	34079
facility for motor vehicles, or rest facility and is not a	34080
courthouse or other building or structure in which a courtroom is	34081
located that is subject to division (B)(3) of this section;	34082

(10) A place in which federal law prohibits the carrying of	34083
handguns.	34084

(C)(1) Nothing in this section shall negate or restrict a	34085
rule, policy, or practice of a private employer that is not a	34086
private college, university, or other institution of higher	34087
education concerning or prohibiting the presence of firearms on	34088
the private employer's premises or property, including motor	34089
vehicles owned by the private employer. Nothing in this section	34090
shall require a private employer of that nature to adopt a rule,	34091
policy, or practice concerning or prohibiting the presence of	34092
firearms on the private employer's premises or property, including	34093
motor vehicles owned by the private employer.	34094

(2)(a) A private employer shall be immune from liability in a	34095
civil action for any injury, death, or loss to person or property	34096
that allegedly was caused by or related to a licensee bringing a	34097
handgun onto the premises or property of the private employer,	34098
including motor vehicles owned by the private employer, unless the	34099
private employer acted with malicious purpose. A private employer	34100
is immune from liability in a civil action for any injury, death,	34101
or loss to person or property that allegedly was caused by or	34102
related to the private employer's decision to permit a licensee to	34103
bring, or prohibit a licensee from bringing, a handgun onto the	34104
premises or property of the private employer. As used in this	34105
division, "private employer" includes a private college,	34106
university, or other institution of higher education.	34107

(b) A political subdivision shall be immune from liability in	34108
a civil action, to the extent and in the manner provided in	34109
Chapter 2744. of the Revised Code, for any injury, death, or loss	34110
to person or property that allegedly was caused by or related to a	34111
licensee bringing a handgun onto any premises or property owned,	34112
leased, or otherwise under the control of the political	34113
subdivision. As used in this division, "political subdivision" has	34114
the same meaning as in section 2744.01 of the Revised Code.	34115

(3)(a) Except as provided in division (C)(3)(b) of this	34116
section, the owner or person in control of private land or	34117
premises, and a private person or entity leasing land or premises	34118
owned by the state, the United States, or a political subdivision	34119
of the state or the United States, may post a sign in a	34120
conspicuous location on that land or on those premises prohibiting	34121
persons from carrying firearms or concealed firearms on or onto	34122
that land or those premises. Except as otherwise provided in this	34123
division, a person who knowingly violates a posted prohibition of	34124
that nature is guilty of criminal trespass in violation of	34125
division (A)(4) of section 2911.21 of the Revised Code and is	34126
guilty of a misdemeanor of the fourth degree. If a person	34127
knowingly violates a posted prohibition of that nature and the	34128
posted land or premises primarily was a parking lot or other	34129
parking facility, the person is not guilty of criminal trespass in	34130
violation of division (A)(4) of section 2911.21 of the Revised	34131
Code and instead is subject only to a civil cause of action for	34132
trespass based on the violation.	34133

(b) A landlord may not prohibit or restrict a tenant who is a	34134
licensee and who on or after September 9, 2008, enters into a	34135
rental agreement with the landlord for the use of residential	34136
premises, and the tenant's guest while the tenant is present, from	34137
lawfully carrying or possessing a handgun on those residential	34138
premises.	34139

34140

(i) "Residential premises" has the same meaning as in section	34141
5321.01 of the Revised Code, except "residential premises" does	34142
not include a dwelling unit that is owned or operated by a college	34143
or university.	34144

(ii) "Landlord," "tenant," and "rental agreement" have the	34145
same meanings as in section 5321.01 of the Revised Code.	34146

(D) A person who holds a concealed handgun license issued by	34147
another state that is recognized by the attorney general pursuant	34148
to a reciprocity agreement entered into pursuant to section 109.69	34149
of the Revised Code has the same right to carry a concealed	34150
handgun in this state as a person who was issued a concealed	34151
handgun license under section 2923.125 of the Revised Code and is	34152
subject to the same restrictions that apply to a person who	34153
carries a license issued under that section.	34154

(E) A peace officer has the same right to carry a concealed	34155
handgun in this state as a person who was issued a concealed	34156
handgun license under section 2923.125 of the Revised Code. For	34157
purposes of reciprocity with other states, a peace officer shall	34158
be considered to be a licensee in this state.	34159

(F)(1) A qualified retired peace officer who possesses a	34160
retired peace officer identification card issued pursuant to	34161
division (F)(2) of this section and a valid firearms	34162
requalification certification issued pursuant to division (F)(3)	34163
of this section has the same right to carry a concealed handgun in	34164
this state as a person who was issued a concealed handgun license	34165
under section 2923.125 of the Revised Code and is subject to the	34166
same restrictions that apply to a person who carries a license	34167
issued under that section. For purposes of reciprocity with other	34168
states, a qualified retired peace officer who possesses a retired	34169
peace officer identification card issued pursuant to division	34170
(F)(2) of this section and a valid firearms requalification	34171
certification issued pursuant to division (F)(3) of this section	34172
shall be considered to be a licensee in this state.	34173

(2)(a) Each public agency of this state or of a political	34174
subdivision of this state that is served by one or more peace	34175
officers shall issue a retired peace officer identification card	34176
to any person who retired from service as a peace officer with	34177
that agency, if the issuance is in accordance with the agency's	34178
policies and procedures and if the person, with respect to the	34179
person's service with that agency, satisfies all of the following:	34180

(i) The person retired in good standing from service as a	34181
peace officer with the public agency, and the retirement was not	34182
for reasons of mental instability.	34183

(ii) Before retiring from service as a peace officer with	34184
that agency, the person was authorized to engage in or supervise	34185
the prevention, detection, investigation, or prosecution of, or	34186
the incarceration of any person for, any violation of law and the	34187
person had statutory powers of arrest.	34188

(iii) At the time of the person's retirement as a peace	34189
officer with that agency, the person was trained and qualified to	34190
carry firearms in the performance of the peace officer's duties.	34191

(iv) Before retiring from service as a peace officer with	34192
that agency, the person was regularly employed as a peace officer	34193
for an aggregate of fifteen years or more, or, in the alternative,	34194
the person retired from service as a peace officer with that	34195
agency, after completing any applicable probationary period of	34196
that service, due to a service-connected disability, as determined	34197
by the agency.	34198

(b) A retired peace officer identification card issued to a	34199
person under division (F)(2)(a) of this section shall identify the	34200
person by name, contain a photograph of the person, identify the	34201
public agency of this state or of the political subdivision of	34202
this state from which the person retired as a peace officer and	34203
that is issuing the identification card, and specify that the	34204
person retired in good standing from service as a peace officer	34205
with the issuing public agency and satisfies the criteria set	34206
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	34207
addition to the required content specified in this division, a	34208
retired peace officer identification card issued to a person under	34209
division (F)(2)(a) of this section may include the firearms	34210
requalification certification described in division (F)(3) of this	34211
section, and if the identification card includes that	34212
certification, the identification card shall serve as the firearms	34213
requalification certification for the retired peace officer. If	34214
the issuing public agency issues credentials to active law	34215
enforcement officers who serve the agency, the agency may comply	34216
with division (F)(2)(a) of this section by issuing the same	34217
credentials to persons who retired from service as a peace officer	34218
with the agency and who satisfy the criteria set forth in	34219
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	34220
credentials so issued to retired peace officers are stamped with	34221
the word "RETIRED."	34222

(c) A public agency of this state or of a political	34223
subdivision of this state may charge persons who retired from	34224
service as a peace officer with the agency a reasonable fee for	34225
issuing to the person a retired peace officer identification card	34226
pursuant to division (F)(2)(a) of this section.	34227

(3) If a person retired from service as a peace officer with	34228
a public agency of this state or of a political subdivision of	34229
this state and the person satisfies the criteria set forth in	34230
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	34231
may provide the retired peace officer with the opportunity to	34232
attend a firearms requalification program that is approved for	34233
purposes of firearms requalification required under section	34234
109.801 of the Revised Code. The retired peace officer may be	34235
required to pay the cost of the course.	34236

If a retired peace officer who satisfies the criteria set	34237
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	34238
firearms requalification program that is approved for purposes of	34239
firearms requalification required under section 109.801 of the	34240
Revised Code, the retired peace officer's successful completion of	34241
the firearms requalification program requalifies the retired peace	34242
officer for purposes of division (F) of this section for five	34243
years from the date on which the program was successfully	34244
completed, and the requalification is valid during that five-year	34245
period. If a retired peace officer who satisfies the criteria set	34246
forth in divisions (F)(2)(a)(i) to (iv) of this section	34247
satisfactorily completes such a firearms requalification program,	34248
the retired peace officer shall be issued a firearms	34249
requalification certification that identifies the retired peace	34250
officer by name, identifies the entity that taught the program,	34251
specifies that the retired peace officer successfully completed	34252
the program, specifies the date on which the course was	34253
successfully completed, and specifies that the requalification is	34254
valid for five years from that date of successful completion. The	34255
firearms requalification certification for a retired peace officer	34256
may be included in the retired peace officer identification card	34257
issued to the retired peace officer under division (F)(2) of this	34258
section.	34259

A retired peace officer who attends a firearms	34260
requalification program that is approved for purposes of firearms	34261
requalification required under section 109.801 of the Revised Code	34262
may be required to pay the cost of the program.	34263

(G) As used in this section:

34264

(1) "Qualified retired peace officer" means a person who	34265
satisfies all of the following:	34266

(a) The person satisfies the criteria set forth in divisions	34267
(F)(2)(a)(i) to (v) of this section.	34268

(b) The person is not under the influence of alcohol or	34269
another intoxicating or hallucinatory drug or substance.	34270

(c) The person is not prohibited by federal law from	34271
receiving firearms.	34272

(2) "Retired peace officer identification card" means an	34273
identification card that is issued pursuant to division (F)(2) of	34274
this section to a person who is a retired peace officer.	34275

(3) "Government facility of this state or a political	34276
subdivision of this state" means any of the following:	34277

(a) A building or part of a building that is owned or leased	34278
by the government of this state or a political subdivision of this	34279
state and where employees of the government of this state or the	34280
political subdivision regularly are present for the purpose of	34281
performing their official duties as employees of the state or	34282
political subdivision;	34283

(b) The office of a deputy registrar serving pursuant to	34284
Chapter 4503. of the Revised Code that is used to perform deputy	34285
registrar functions.	34286

Sec. 2925.03. (A) No person shall knowingly do any of the	34287
following:	34288

(1) Sell or offer to sell a controlled substance or a	34289
controlled substance analog;	34290

(2) Prepare for shipment, ship, transport, deliver, prepare	34291
for distribution, or distribute a controlled substance or a	34292
controlled substance analog, when the offender knows or has	34293
reasonable cause to believe that the controlled substance or a	34294
controlled substance analog is intended for sale or resale by the	34295
offender or another person.	34296

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

34297

(1) Manufacturers, licensed health professionals authorized	34298
to prescribe drugs, pharmacists, owners of pharmacies, and other	34299
persons whose conduct is in accordance with Chapters 3719., 4715.,	34300
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	34301

(2) If the offense involves an anabolic steroid, any person	34302
who is conducting or participating in a research project involving	34303
the use of an anabolic steroid if the project has been approved by	34304
the United States food and drug administration;	34305

(3) Any person who sells, offers for sale, prescribes,	34306
dispenses, or administers for livestock or other nonhuman species	34307
an anabolic steroid that is expressly intended for administration	34308
through implants to livestock or other nonhuman species and	34309
approved for that purpose under the "Federal Food, Drug, and	34310
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	34311
and is sold, offered for sale, prescribed, dispensed, or	34312
administered for that purpose in accordance with that act.	34313

(C) Whoever violates division (A) of this section is guilty	34314
of one of the following:	34315

(1) If the drug involved in the violation is any compound,	34316
mixture, preparation, or substance included in schedule I or	34317
schedule II, with the exception of marihuana, cocaine, L.S.D.,	34318
heroin, hashish, and controlled substance analogs, whoever	34319
violates division (A) of this section is guilty of aggravated	34320
trafficking in drugs. The penalty for the offense shall be	34321
determined as follows:	34322

(a) Except as otherwise provided in division (C)(1)(b), (c),	34323
(d), (e), or (f) of this section, aggravated trafficking in drugs	34324
is a felony of the fourth degree, and division (C) of section	34325
2929.13 of the Revised Code applies in determining whether to	34326
impose a prison term on the offender.	34327

(b) Except as otherwise provided in division (C)(1)(c), (d),	34328
(e), or (f) of this section, if the offense was committed in the	34329
vicinity of a school or in the vicinity of a juvenile, aggravated	34330
trafficking in drugs is a felony of the third degree, and division	34331
(C) of section 2929.13 of the Revised Code applies in determining	34332
whether to impose a prison term on the offender.	34333

(c) Except as otherwise provided in this division, if the	34334
amount of the drug involved equals or exceeds the bulk amount but	34335
is less than five times the bulk amount, aggravated trafficking in	34336
drugs is a felony of the third degree, and, except as otherwise	34337
provided in this division, there is a presumption for a prison	34338
term for the offense. If aggravated trafficking in drugs is a	34339
felony of the third degree under this division and if the offender	34340
two or more times previously has been convicted of or pleaded	34341
guilty to a felony drug abuse offense, the court shall impose as a	34342
mandatory prison term one of the prison terms prescribed for a	34343
felony of the third degree. If the amount of the drug involved is	34344
within that range and if the offense was committed in the vicinity	34345
of a school or in the vicinity of a juvenile, aggravated	34346
trafficking in drugs is a felony of the second degree, and the	34347
court shall impose as a mandatory prison term one of the prison	34348
terms prescribed for a felony of the second degree.	34349

(d) Except as otherwise provided in this division, if the	34350
amount of the drug involved equals or exceeds five times the bulk	34351
amount but is less than fifty times the bulk amount, aggravated	34352
trafficking in drugs is a felony of the second degree, and the	34353
court shall impose as a mandatory prison term one of the prison	34354
terms prescribed for a felony of the second degree. If the amount	34355
of the drug involved is within that range and if the offense was	34356
committed in the vicinity of a school or in the vicinity of a	34357
juvenile, aggravated trafficking in drugs is a felony of the first	34358
degree, and the court shall impose as a mandatory prison term one	34359
of the prison terms prescribed for a felony of the first degree.	34360

(e) If the amount of the drug involved equals or exceeds	34361
fifty times the bulk amount but is less than one hundred times the	34362
bulk amount and regardless of whether the offense was committed in	34363
the vicinity of a school or in the vicinity of a juvenile,	34364
aggravated trafficking in drugs is a felony of the first degree,	34365
and the court shall impose as a mandatory prison term one of the	34366
prison terms prescribed for a felony of the first degree.	34367

(f) If the amount of the drug involved equals or exceeds one	34368
hundred times the bulk amount and regardless of whether the	34369
offense was committed in the vicinity of a school or in the	34370
vicinity of a juvenile, aggravated trafficking in drugs is a	34371
felony of the first degree, the offender is a major drug offender,	34372
and the court shall impose as a mandatory prison term the maximum	34373
prison term prescribed for a felony of the first degree.	34374

(2) If the drug involved in the violation is any compound,	34375
mixture, preparation, or substance included in schedule III, IV,	34376
or V, whoever violates division (A) of this section is guilty of	34377
trafficking in drugs. The penalty for the offense shall be	34378
determined as follows:	34379

(a) Except as otherwise provided in division (C)(2)(b), (c),	34380
(d), or (e) of this section, trafficking in drugs is a felony of	34381
the fifth degree, and division (B) of section 2929.13 of the	34382
Revised Code applies in determining whether to impose a prison	34383
term on the offender.	34384

(b) Except as otherwise provided in division (C)(2)(c), (d),	34385
or (e) of this section, if the offense was committed in the	34386
vicinity of a school or in the vicinity of a juvenile, trafficking	34387
in drugs is a felony of the fourth degree, and division (C) of	34388
section 2929.13 of the Revised Code applies in determining whether	34389
to impose a prison term on the offender.	34390

(c) Except as otherwise provided in this division, if the	34391
amount of the drug involved equals or exceeds the bulk amount but	34392
is less than five times the bulk amount, trafficking in drugs is a	34393
felony of the fourth degree, and division (B) of section 2929.13	34394
of the Revised Code applies in determining whether to impose a	34395
prison term for the offense. If the amount of the drug involved is	34396
within that range and if the offense was committed in the vicinity	34397
of a school or in the vicinity of a juvenile, trafficking in drugs	34398
is a felony of the third degree, and there is a presumption for a	34399
prison term for the offense.	34400

(d) Except as otherwise provided in this division, if the	34401
amount of the drug involved equals or exceeds five times the bulk	34402
amount but is less than fifty times the bulk amount, trafficking	34403
in drugs is a felony of the third degree, and there is a	34404
presumption for a prison term for the offense. If the amount of	34405
the drug involved is within that range and if the offense was	34406
committed in the vicinity of a school or in the vicinity of a	34407
juvenile, trafficking in drugs is a felony of the second degree,	34408
and there is a presumption for a prison term for the offense.	34409

(e) Except as otherwise provided in this division, if the	34410
amount of the drug involved equals or exceeds fifty times the bulk	34411
amount, trafficking in drugs is a felony of the second degree, and	34412
the court shall impose as a mandatory prison term one of the	34413
prison terms prescribed for a felony of the second degree. If the	34414
amount of the drug involved equals or exceeds fifty times the bulk	34415
amount and if the offense was committed in the vicinity of a	34416
school or in the vicinity of a juvenile, trafficking in drugs is a	34417
felony of the first degree, and the court shall impose as a	34418
mandatory prison term one of the prison terms prescribed for a	34419
felony of the first degree.	34420

(3) If the drug involved in the violation is marihuana or a	34421
compound, mixture, preparation, or substance containing marihuana	34422
other than hashish, whoever violates division (A) of this section	34423
is guilty of trafficking in marihuana. The penalty for the offense	34424
shall be determined as follows:	34425

(a) Except as otherwise provided in division (C)(3)(b), (c),	34426
(d), (e), (f), (g), or (h) of this section, trafficking in	34427
marihuana is a felony of the fifth degree, and division (B) of	34428
section 2929.13 of the Revised Code applies in determining whether	34429
to impose a prison term on the offender.	34430

(b) Except as otherwise provided in division (C)(3)(c), (d),	34431
(e), (f), (g), or (h) of this section, if the offense was	34432
committed in the vicinity of a school or in the vicinity of a	34433
juvenile, trafficking in marihuana is a felony of the fourth	34434
degree, and division (B) of section 2929.13 of the Revised Code	34435
applies in determining whether to impose a prison term on the	34436
offender.	34437

(c) Except as otherwise provided in this division, if the	34438
amount of the drug involved equals or exceeds two hundred grams	34439
but is less than one thousand grams, trafficking in marihuana is a	34440
felony of the fourth degree, and division (B) of section 2929.13	34441
of the Revised Code applies in determining whether to impose a	34442
prison term on the offender. If the amount of the drug involved is	34443
within that range and if the offense was committed in the vicinity	34444
of a school or in the vicinity of a juvenile, trafficking in	34445
marihuana is a felony of the third degree, and division (C) of	34446
section 2929.13 of the Revised Code applies in determining whether	34447
to impose a prison term on the offender.	34448

(d) Except as otherwise provided in this division, if the	34449
amount of the drug involved equals or exceeds one thousand grams	34450
but is less than five thousand grams, trafficking in marihuana is	34451
a felony of the third degree, and division (C) of section 2929.13	34452
of the Revised Code applies in determining whether to impose a	34453
prison term on the offender. If the amount of the drug involved is	34454
within that range and if the offense was committed in the vicinity	34455
of a school or in the vicinity of a juvenile, trafficking in	34456
marihuana is a felony of the second degree, and there is a	34457
presumption that a prison term shall be imposed for the offense.	34458

(e) Except as otherwise provided in this division, if the	34459
amount of the drug involved equals or exceeds five thousand grams	34460
but is less than twenty thousand grams, trafficking in marihuana	34461
is a felony of the third degree, and there is a presumption that a	34462
prison term shall be imposed for the offense. If the amount of the	34463
drug involved is within that range and if the offense was	34464
committed in the vicinity of a school or in the vicinity of a	34465
juvenile, trafficking in marihuana is a felony of the second	34466
degree, and there is a presumption that a prison term shall be	34467
imposed for the offense.	34468

(f) Except as otherwise provided in this division, if the	34469
amount of the drug involved equals or exceeds twenty thousand	34470
grams but is less than forty thousand grams, trafficking in	34471
marihuana is a felony of the second degree, and the court shall	34472
impose a mandatory prison term of five, six, seven, or eight	34473
years. If the amount of the drug involved is within that range and	34474
if the offense was committed in the vicinity of a school or in the	34475
vicinity of a juvenile, trafficking in marihuana is a felony of	34476
the first degree, and the court shall impose as a mandatory prison	34477
term the maximum prison term prescribed for a felony of the first	34478
degree.	34479

(g) Except as otherwise provided in this division, if the	34480
amount of the drug involved equals or exceeds forty thousand	34481
grams, trafficking in marihuana is a felony of the second degree,	34482
and the court shall impose as a mandatory prison term the maximum	34483
prison term prescribed for a felony of the second degree. If the	34484
amount of the drug involved equals or exceeds forty thousand grams	34485
and if the offense was committed in the vicinity of a school or in	34486
the vicinity of a juvenile, trafficking in marihuana is a felony	34487
of the first degree, and the court shall impose as a mandatory	34488
prison term the maximum prison term prescribed for a felony of the	34489
first degree.	34490

(h) Except as otherwise provided in this division, if the	34491
offense involves a gift of twenty grams or less of marihuana,	34492
trafficking in marihuana is a minor misdemeanor upon a first	34493
offense and a misdemeanor of the third degree upon a subsequent	34494
offense. If the offense involves a gift of twenty grams or less of	34495
marihuana and if the offense was committed in the vicinity of a	34496
school or in the vicinity of a juvenile, trafficking in marihuana	34497
is a misdemeanor of the third degree.	34498

(4) If the drug involved in the violation is cocaine or a	34499
compound, mixture, preparation, or substance containing cocaine,	34500
whoever violates division (A) of this section is guilty of	34501
trafficking in cocaine. The penalty for the offense shall be	34502
determined as follows:	34503

(a) Except as otherwise provided in division (C)(4)(b), (c),	34504
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	34505
felony of the fifth degree, and division (B) of section 2929.13 of	34506
the Revised Code applies in determining whether to impose a prison	34507
term on the offender.	34508

(b) Except as otherwise provided in division (C)(4)(c), (d),	34509
(e), (f), or (g) of this section, if the offense was committed in	34510
the vicinity of a school or in the vicinity of a juvenile,	34511
trafficking in cocaine is a felony of the fourth degree, and	34512
division (C) of section 2929.13 of the Revised Code applies in	34513
determining whether to impose a prison term on the offender.	34514

(c) Except as otherwise provided in this division, if the	34515
amount of the drug involved equals or exceeds five grams but is	34516
less than ten grams of cocaine, trafficking in cocaine is a felony	34517
of the fourth degree, and division (B) of section 2929.13 of the	34518
Revised Code applies in determining whether to impose a prison	34519
term for the offense. If the amount of the drug involved is within	34520
that range and if the offense was committed in the vicinity of a	34521
school or in the vicinity of a juvenile, trafficking in cocaine is	34522
a felony of the third degree, and there is a presumption for a	34523
prison term for the offense.	34524

(d) Except as otherwise provided in this division, if the	34525
amount of the drug involved equals or exceeds ten grams but is	34526
less than twenty grams of cocaine, trafficking in cocaine is a	34527
felony of the third degree, and, except as otherwise provided in	34528
this division, there is a presumption for a prison term for the	34529
offense. If trafficking in cocaine is a felony of the third degree	34530
under this division and if the offender two or more times	34531
previously has been convicted of or pleaded guilty to a felony	34532
drug abuse offense, the court shall impose as a mandatory prison	34533
term one of the prison terms prescribed for a felony of the third	34534
degree. If the amount of the drug involved is within that range	34535
and if the offense was committed in the vicinity of a school or in	34536
the vicinity of a juvenile, trafficking in cocaine is a felony of	34537
the second degree, and the court shall impose as a mandatory	34538
prison term one of the prison terms prescribed for a felony of the	34539
second degree.	34540

(e) Except as otherwise provided in this division, if the	34541
amount of the drug involved equals or exceeds twenty grams but is	34542
less than twenty-seven grams of cocaine, trafficking in cocaine is	34543
a felony of the second degree, and the court shall impose as a	34544
mandatory prison term one of the prison terms prescribed for a	34545
felony of the second degree. If the amount of the drug involved is	34546
within that range and if the offense was committed in the vicinity	34547
of a school or in the vicinity of a juvenile, trafficking in	34548
cocaine is a felony of the first degree, and the court shall	34549
impose as a mandatory prison term one of the prison terms	34550
prescribed for a felony of the first degree.	34551

(f) If the amount of the drug involved equals or exceeds	34552
twenty-seven grams but is less than one hundred grams of cocaine	34553
and regardless of whether the offense was committed in the	34554
vicinity of a school or in the vicinity of a juvenile, trafficking	34555
in cocaine is a felony of the first degree, and the court shall	34556
impose as a mandatory prison term one of the prison terms	34557
prescribed for a felony of the first degree.	34558

(g) If the amount of the drug involved equals or exceeds one	34559
hundred grams of cocaine and regardless of whether the offense was	34560
committed in the vicinity of a school or in the vicinity of a	34561
juvenile, trafficking in cocaine is a felony of the first degree,	34562
the offender is a major drug offender, and the court shall impose	34563
as a mandatory prison term the maximum prison term prescribed for	34564
a felony of the first degree.	34565

(5) If the drug involved in the violation is L.S.D. or a	34566
compound, mixture, preparation, or substance containing L.S.D.,	34567
whoever violates division (A) of this section is guilty of	34568
trafficking in L.S.D. The penalty for the offense shall be	34569
determined as follows:	34570

(a) Except as otherwise provided in division (C)(5)(b), (c),	34571
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	34572
felony of the fifth degree, and division (B) of section 2929.13 of	34573
the Revised Code applies in determining whether to impose a prison	34574
term on the offender.	34575

(b) Except as otherwise provided in division (C)(5)(c), (d),	34576
(e), (f), or (g) of this section, if the offense was committed in	34577
the vicinity of a school or in the vicinity of a juvenile,	34578
trafficking in L.S.D. is a felony of the fourth degree, and	34579
division (C) of section 2929.13 of the Revised Code applies in	34580
determining whether to impose a prison term on the offender.	34581

(c) Except as otherwise provided in this division, if the	34582
amount of the drug involved equals or exceeds ten unit doses but	34583
is less than fifty unit doses of L.S.D. in a solid form or equals	34584
or exceeds one gram but is less than five grams of L.S.D. in a	34585
liquid concentrate, liquid extract, or liquid distillate form,	34586
trafficking in L.S.D. is a felony of the fourth degree, and	34587
division (B) of section 2929.13 of the Revised Code applies in	34588
determining whether to impose a prison term for the offense. If	34589
the amount of the drug involved is within that range and if the	34590
offense was committed in the vicinity of a school or in the	34591
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	34592
third degree, and there is a presumption for a prison term for the	34593
offense.	34594

(d) Except as otherwise provided in this division, if the	34595
amount of the drug involved equals or exceeds fifty unit doses but	34596
is less than two hundred fifty unit doses of L.S.D. in a solid	34597
form or equals or exceeds five grams but is less than twenty-five	34598
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	34599
distillate form, trafficking in L.S.D. is a felony of the third	34600
degree, and, except as otherwise provided in this division, there	34601
is a presumption for a prison term for the offense. If trafficking	34602
in L.S.D. is a felony of the third degree under this division and	34603
if the offender two or more times previously has been convicted of	34604
or pleaded guilty to a felony drug abuse offense, the court shall	34605
impose as a mandatory prison term one of the prison terms	34606
prescribed for a felony of the third degree. If the amount of the	34607
drug involved is within that range and if the offense was	34608
committed in the vicinity of a school or in the vicinity of a	34609
juvenile, trafficking in L.S.D. is a felony of the second degree,	34610
and the court shall impose as a mandatory prison term one of the	34611
prison terms prescribed for a felony of the second degree.	34612

(e) Except as otherwise provided in this division, if the	34613
amount of the drug involved equals or exceeds two hundred fifty	34614
unit doses but is less than one thousand unit doses of L.S.D. in a	34615
solid form or equals or exceeds twenty-five grams but is less than	34616
one hundred grams of L.S.D. in a liquid concentrate, liquid	34617
extract, or liquid distillate form, trafficking in L.S.D. is a	34618
felony of the second degree, and the court shall impose as a	34619
mandatory prison term one of the prison terms prescribed for a	34620
felony of the second degree. If the amount of the drug involved is	34621
within that range and if the offense was committed in the vicinity	34622
of a school or in the vicinity of a juvenile, trafficking in	34623
L.S.D. is a felony of the first degree, and the court shall impose	34624
as a mandatory prison term one of the prison terms prescribed for	34625
a felony of the first degree.	34626

(f) If the amount of the drug involved equals or exceeds one	34627
thousand unit doses but is less than five thousand unit doses of	34628
L.S.D. in a solid form or equals or exceeds one hundred grams but	34629
is less than five hundred grams of L.S.D. in a liquid concentrate,	34630
liquid extract, or liquid distillate form and regardless of	34631
whether the offense was committed in the vicinity of a school or	34632
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	34633
of the first degree, and the court shall impose as a mandatory	34634
prison term one of the prison terms prescribed for a felony of the	34635
first degree.	34636

(g) If the amount of the drug involved equals or exceeds five	34637
thousand unit doses of L.S.D. in a solid form or equals or exceeds	34638
five hundred grams of L.S.D. in a liquid concentrate, liquid	34639
extract, or liquid distillate form and regardless of whether the	34640
offense was committed in the vicinity of a school or in the	34641
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	34642
first degree, the offender is a major drug offender, and the court	34643
shall impose as a mandatory prison term the maximum prison term	34644
prescribed for a felony of the first degree.	34645

(6) If the drug involved in the violation is heroin or a	34646
compound, mixture, preparation, or substance containing heroin,	34647
whoever violates division (A) of this section is guilty of	34648
trafficking in heroin. The penalty for the offense shall be	34649
determined as follows:	34650

(a) Except as otherwise provided in division (C)(6)(b), (c),	34651
(d), (e), (f), or (g) of this section, trafficking in heroin is a	34652
felony of the fifth degree, and division (B) of section 2929.13 of	34653
the Revised Code applies in determining whether to impose a prison	34654
term on the offender.	34655

(b) Except as otherwise provided in division (C)(6)(c), (d),	34656
(e), (f), or (g) of this section, if the offense was committed in	34657
the vicinity of a school or in the vicinity of a juvenile,	34658
trafficking in heroin is a felony of the fourth degree, and	34659
division (C) of section 2929.13 of the Revised Code applies in	34660
determining whether to impose a prison term on the offender.	34661

(c) Except as otherwise provided in this division, if the	34662
amount of the drug involved equals or exceeds ten unit doses but	34663
is less than fifty unit doses or equals or exceeds one gram but is	34664
less than five grams, trafficking in heroin is a felony of the	34665
fourth degree, and division (B) of section 2929.13 of the Revised	34666
Code applies in determining whether to impose a prison term for	34667
the offense. If the amount of the drug involved is within that	34668
range and if the offense was committed in the vicinity of a school	34669
or in the vicinity of a juvenile, trafficking in heroin is a	34670
felony of the third degree, and there is a presumption for a	34671
prison term for the offense.	34672

(d) Except as otherwise provided in this division, if the	34673
amount of the drug involved equals or exceeds fifty unit doses but	34674
is less than one hundred unit doses or equals or exceeds five	34675
grams but is less than ten grams, trafficking in heroin is a	34676
felony of the third degree, and there is a presumption for a	34677
prison term for the offense. If the amount of the drug involved is	34678
within that range and if the offense was committed in the vicinity	34679
of a school or in the vicinity of a juvenile, trafficking in	34680
heroin is a felony of the second degree, and there is a	34681
presumption for a prison term for the offense.	34682

(e) Except as otherwise provided in this division, if the	34683
amount of the drug involved equals or exceeds one hundred unit	34684
doses but is less than five hundred unit doses or equals or	34685
exceeds ten grams but is less than fifty grams, trafficking in	34686
heroin is a felony of the second degree, and the court shall	34687
impose as a mandatory prison term one of the prison terms	34688
prescribed for a felony of the second degree. If the amount of the	34689
drug involved is within that range and if the offense was	34690
committed in the vicinity of a school or in the vicinity of a	34691
juvenile, trafficking in heroin is a felony of the first degree,	34692
and the court shall impose as a mandatory prison term one of the	34693
prison terms prescribed for a felony of the first degree.	34694

(f) If the amount of the drug involved equals or exceeds five	34695
hundred unit doses but is less than two thousand five hundred unit	34696
doses or equals or exceeds fifty grams but is less than two	34697
hundred fifty grams and regardless of whether the offense was	34698
committed in the vicinity of a school or in the vicinity of a	34699
juvenile, trafficking in heroin is a felony of the first degree,	34700
and the court shall impose as a mandatory prison term one of the	34701
prison terms prescribed for a felony of the first degree.	34702

(g) If the amount of the drug involved equals or exceeds two	34703
thousand five hundred unit doses or equals or exceeds two hundred	34704
fifty grams and regardless of whether the offense was committed in	34705
the vicinity of a school or in the vicinity of a juvenile,	34706
trafficking in heroin is a felony of the first degree, the	34707
offender is a major drug offender, and the court shall impose as a	34708
mandatory prison term the maximum prison term prescribed for a	34709
felony of the first degree.	34710

(7) If the drug involved in the violation is hashish or a	34711
compound, mixture, preparation, or substance containing hashish,	34712
whoever violates division (A) of this section is guilty of	34713
trafficking in hashish. The penalty for the offense shall be	34714
determined as follows:	34715

(a) Except as otherwise provided in division (C)(7)(b), (c),	34716
(d), (e), (f), or (g) of this section, trafficking in hashish is a	34717
felony of the fifth degree, and division (B) of section 2929.13 of	34718
the Revised Code applies in determining whether to impose a prison	34719
term on the offender.	34720

(b) Except as otherwise provided in division (C)(7)(c), (d),	34721
(e), (f), or (g) of this section, if the offense was committed in	34722
the vicinity of a school or in the vicinity of a juvenile,	34723
trafficking in hashish is a felony of the fourth degree, and	34724
division (B) of section 2929.13 of the Revised Code applies in	34725
determining whether to impose a prison term on the offender.	34726

(c) Except as otherwise provided in this division, if the	34727
amount of the drug involved equals or exceeds ten grams but is	34728
less than fifty grams of hashish in a solid form or equals or	34729
exceeds two grams but is less than ten grams of hashish in a	34730
liquid concentrate, liquid extract, or liquid distillate form,	34731
trafficking in hashish is a felony of the fourth degree, and	34732
division (B) of section 2929.13 of the Revised Code applies in	34733
determining whether to impose a prison term on the offender. If	34734
the amount of the drug involved is within that range and if the	34735
offense was committed in the vicinity of a school or in the	34736
vicinity of a juvenile, trafficking in hashish is a felony of the	34737
third degree, and division (C) of section 2929.13 of the Revised	34738
Code applies in determining whether to impose a prison term on the	34739
offender.	34740

(d) Except as otherwise provided in this division, if the	34741
amount of the drug involved equals or exceeds fifty grams but is	34742
less than two hundred fifty grams of hashish in a solid form or	34743
equals or exceeds ten grams but is less than fifty grams of	34744
hashish in a liquid concentrate, liquid extract, or liquid	34745
distillate form, trafficking in hashish is a felony of the third	34746
degree, and division (C) of section 2929.13 of the Revised Code	34747
applies in determining whether to impose a prison term on the	34748
offender. If the amount of the drug involved is within that range	34749
and if the offense was committed in the vicinity of a school or in	34750
the vicinity of a juvenile, trafficking in hashish is a felony of	34751
the second degree, and there is a presumption that a prison term	34752
shall be imposed for the offense.	34753

(e) Except as otherwise provided in this division, if the	34754
amount of the drug involved equals or exceeds two hundred fifty	34755
grams but is less than one thousand grams of hashish in a solid	34756
form or equals or exceeds fifty grams but is less than two hundred	34757
grams of hashish in a liquid concentrate, liquid extract, or	34758
liquid distillate form, trafficking in hashish is a felony of the	34759
third degree, and there is a presumption that a prison term shall	34760
be imposed for the offense. If the amount of the drug involved is	34761
within that range and if the offense was committed in the vicinity	34762
of a school or in the vicinity of a juvenile, trafficking in	34763
hashish is a felony of the second degree, and there is a	34764
presumption that a prison term shall be imposed for the offense.	34765

(f) Except as otherwise provided in this division, if the	34766
amount of the drug involved equals or exceeds one thousand grams	34767
but is less than two thousand grams of hashish in a solid form or	34768
equals or exceeds two hundred grams but is less than four hundred	34769
grams of hashish in a liquid concentrate, liquid extract, or	34770
liquid distillate form, trafficking in hashish is a felony of the	34771
second degree, and the court shall impose a mandatory prison term	34772
of five, six, seven, or eight years. If the amount of the drug	34773
involved is within that range and if the offense was committed in	34774
the vicinity of a school or in the vicinity of a juvenile,	34775
trafficking in hashish is a felony of the first degree, and the	34776
court shall impose as a mandatory prison term the maximum prison	34777
term prescribed for a felony of the first degree.	34778

(g) Except as otherwise provided in this division, if the	34779
amount of the drug involved equals or exceeds two thousand grams	34780
of hashish in a solid form or equals or exceeds four hundred grams	34781
of hashish in a liquid concentrate, liquid extract, or liquid	34782
distillate form, trafficking in hashish is a felony of the second	34783
degree, and the court shall impose as a mandatory prison term the	34784
maximum prison term prescribed for a felony of the second degree.	34785
If the amount of the drug involved equals or exceeds two thousand	34786
grams of hashish in a solid form or equals or exceeds four hundred	34787
grams of hashish in a liquid concentrate, liquid extract, or	34788
liquid distillate form and if the offense was committed in the	34789
vicinity of a school or in the vicinity of a juvenile, trafficking	34790
in hashish is a felony of the first degree, and the court shall	34791
impose as a mandatory prison term the maximum prison term	34792
prescribed for a felony of the first degree.	34793

(8) If the drug involved in the violation is a controlled	34794
substance analog or compound, mixture, preparation, or substance	34795
that contains a controlled substance analog, whoever violates	34796
division (A) of this section is guilty of trafficking in a	34797
controlled substance analog. The penalty for the offense shall be	34798
determined as follows:	34799

(a) Except as otherwise provided in division (C)(8)(b), (c),	34800
(d), (e), (f), or (g) of this section, trafficking in a controlled	34801
substance analog is a felony of the fifth degree, and division (C)	34802
of section 2929.13 of the Revised Code applies in determining	34803
whether to impose a prison term on the offender.	34804

(b) Except as otherwise provided in division (C)(8)(c), (d),	34805
(e), (f), or (g) of this section, if the offense was committed in	34806
the vicinity of a school or in the vicinity of a juvenile,	34807
trafficking in a controlled substance analog is a felony of the	34808
fourth degree, and division (C) of section 2929.13 of the Revised	34809
Code applies in determining whether to impose a prison term on the	34810
offender.	34811

(c) Except as otherwise provided in this division, if the	34812
amount of the drug involved equals or exceeds ten grams but is	34813
less than twenty grams, trafficking in a controlled substance	34814
analog is a felony of the fourth degree, and division (B) of	34815
section 2929.13 of the Revised Code applies in determining whether	34816
to impose a prison term for the offense. If the amount of the drug	34817
involved is within that range and if the offense was committed in	34818
the vicinity of a school or in the vicinity of a juvenile,	34819
trafficking in a controlled substance analog is a felony of the	34820
third degree, and there is a presumption for a prison term for the	34821
offense.	34822

(d) Except as otherwise provided in this division, if the	34823
amount of the drug involved equals or exceeds twenty grams but is	34824
less than thirty grams, trafficking in a controlled substance	34825
analog is a felony of the third degree, and there is a presumption	34826
for a prison term for the offense. If the amount of the drug	34827
involved is within that range and if the offense was committed in	34828
the vicinity of a school or in the vicinity of a juvenile,	34829
trafficking in a controlled substance analog is a felony of the	34830
second degree, and there is a presumption for a prison term for	34831
the offense.	34832

(e) Except as otherwise provided in this division, if the	34833
amount of the drug involved equals or exceeds thirty grams but is	34834
less than forty grams, trafficking in a controlled substance	34835
analog is a felony of the second degree, and the court shall	34836
impose as a mandatory prison term one of the prison terms	34837
prescribed for a felony of the second degree. If the amount of the	34838
drug involved is within that range and if the offense was	34839
committed in the vicinity of a school or in the vicinity of a	34840
juvenile, trafficking in a controlled substance analog is a felony	34841
of the first degree, and the court shall impose as a mandatory	34842
prison term one of the prison terms prescribed for a felony of the	34843
first degree.	34844

(f) If the amount of the drug involved equals or exceeds	34845
forty grams but is less than fifty grams and regardless of whether	34846
the offense was committed in the vicinity of a school or in the	34847
vicinity of a juvenile, trafficking in a controlled substance	34848
analog is a felony of the first degree, and the court shall impose	34849
as a mandatory prison term one of the prison terms prescribed for	34850
a felony of the first degree.	34851

(g) If the amount of the drug involved equals or exceeds	34852
fifty grams and regardless of whether the offense was committed in	34853
the vicinity of a school or in the vicinity of a juvenile,	34854
trafficking in a controlled substance analog is a felony of the	34855
first degree, the offender is a major drug offender, and the court	34856
shall impose as a mandatory prison term the maximum prison term	34857
prescribed for a felony of the first degree.	34858

(D) In addition to any prison term authorized or required by	34859
division (C) of this section and sections 2929.13 and 2929.14 of	34860
the Revised Code, and in addition to any other sanction imposed	34861
for the offense under this section or sections 2929.11 to 2929.18	34862
of the Revised Code, the court that sentences an offender who is	34863
convicted of or pleads guilty to a violation of division (A) of	34864
this section shall do all of the following that are applicable	34865
regarding the offender:	34866

(1) If the violation of division (A) of this section is a	34867
felony of the first, second, or third degree, the court shall	34868
impose upon the offender the mandatory fine specified for the	34869
offense under division (B)(1) of section 2929.18 of the Revised	34870
Code unless, as specified in that division, the court determines	34871
that the offender is indigent. Except as otherwise provided in	34872
division (H)(1) of this section, a mandatory fine or any other	34873
fine imposed for a violation of this section is subject to	34874
division (F) of this section. If a person is charged with a	34875
violation of this section that is a felony of the first, second,	34876
or third degree, posts bail, and forfeits the bail, the clerk of	34877
the court shall pay the forfeited bail pursuant to divisions	34878
(D)(1) and (F) of this section, as if the forfeited bail was a	34879
fine imposed for a violation of this section. If any amount of the	34880
forfeited bail remains after that payment and if a fine is imposed	34881
under division (H)(1) of this section, the clerk of the court	34882
shall pay the remaining amount of the forfeited bail pursuant to	34883
divisions (H)(2) and (3) of this section, as if that remaining	34884
amount was a fine imposed under division (H)(1) of this section.	34885

(2) The court shall suspend the driver's or commercial	34886
driver's license or permit of the offender in accordance with	34887
division (G) of this section.	34888

(3) If the offender is a professionally licensed person, the	34889
court immediately shall comply with section 2925.38 of the Revised	34890
Code.	34891

(E) When a person is charged with the sale of or offer to	34892
sell a bulk amount or a multiple of a bulk amount of a controlled	34893
substance, the jury, or the court trying the accused, shall	34894
determine the amount of the controlled substance involved at the	34895
time of the offense and, if a guilty verdict is returned, shall	34896
return the findings as part of the verdict. In any such case, it	34897
is unnecessary to find and return the exact amount of the	34898
controlled substance involved, and it is sufficient if the finding	34899
and return is to the effect that the amount of the controlled	34900
substance involved is the requisite amount, or that the amount of	34901
the controlled substance involved is less than the requisite	34902
amount.	34903

(F)(1) Notwithstanding any contrary provision of section	34904
3719.21 of the Revised Code and except as provided in division (H)	34905
of this section, the clerk of the court shall pay any mandatory	34906
fine imposed pursuant to division (D)(1) of this section and any	34907
fine other than a mandatory fine that is imposed for a violation	34908
of this section pursuant to division (A) or (B)(5) of section	34909
2929.18 of the Revised Code to the county, township, municipal	34910
corporation, park district, as created pursuant to section 511.18	34911
or 1545.04 of the Revised Code, or state law enforcement agencies	34912
in this state that primarily were responsible for or involved in	34913
making the arrest of, and in prosecuting, the offender. However,	34914
the clerk shall not pay a mandatory fine so imposed to a law	34915
enforcement agency unless the agency has adopted a written	34916
internal control policy under division (F)(2) of this section that	34917
addresses the use of the fine moneys that it receives. Each agency	34918
shall use the mandatory fines so paid to subsidize the agency's	34919
law enforcement efforts that pertain to drug offenses, in	34920
accordance with the written internal control policy adopted by the	34921
recipient agency under division (F)(2) of this section.	34922

(2)~~(a)~~ Prior to receiving any fine moneys under division	34923
(F)(1) of this section or division (B) of section 2925.42 of the	34924
Revised Code, a law enforcement agency shall adopt a written	34925
internal control policy that addresses the agency's use and	34926
disposition of all fine moneys so received and that provides for	34927
the keeping of detailed financial records of the receipts of those	34928
fine moneys, the general types of expenditures made out of those	34929
fine moneys, and the specific amount of each general type of	34930
expenditure. The policy shall not provide for or permit the	34931
identification of any specific expenditure that is made in an	34932
ongoing investigation. All financial records of the receipts of	34933
those fine moneys, the general types of expenditures made out of	34934
those fine moneys, and the specific amount of each general type of	34935
expenditure by an agency are public records open for inspection	34936
under section 149.43 of the Revised Code. Additionally, a written	34937
internal control policy adopted under this division is such a	34938
public record, and the agency that adopted it shall comply with	34939
it.	34940

~~(b) Each law enforcement agency that receives in any calendar~~	34941
~~year any fine moneys under division (F)(1) of this section or~~	34942
~~division (B) of section 2925.42 of the Revised Code shall prepare~~	34943
~~a report covering the calendar year that cumulates all of the~~	34944
~~information contained in all of the public financial records kept~~	34945
~~by the agency pursuant to division (F)(2)(a) of this section for~~	34946
~~that calendar year, and shall send a copy of the cumulative~~	34947
~~report, no later than the first day of March in the calendar year~~	34948
~~following the calendar year covered by the report, to the attorney~~	34949
~~general. Each report received by the attorney general is a public~~	34950
~~record open for inspection under section 149.43 of the Revised~~	34951
~~Code. Not later than the fifteenth day of April in the calendar~~	34952
~~year in which the reports are received, the attorney general shall~~	34953
~~send to the president of the senate and the speaker of the house~~	34954
~~of representatives a written notification that does all of the~~	34955
~~following:~~	34956

~~(i) Indicates that the attorney general has received from law~~	34957
~~enforcement agencies reports of the type described in this~~	34958
~~division that cover the previous calendar year and indicates that~~	34959
~~the reports were received under this division;~~	34960

~~(ii) Indicates that the reports are open for inspection under~~	34961
~~section 149.43 of the Revised Code;~~	34962

~~(iii) Indicates that the attorney general will provide a copy~~	34963
~~of any or all of the reports to the president of the senate or the~~	34964
~~speaker of the house of representatives upon request.~~	34965

(3) As used in division (F) of this section:

34966

(a) "Law enforcement agencies" includes, but is not limited	34967
to, the state board of pharmacy and the office of a prosecutor.	34968

(b) "Prosecutor" has the same meaning as in section 2935.01	34969
of the Revised Code.	34970

(G) When required under division (D)(2) of this section or	34971
any other provision of this chapter, the court shall suspend for	34972
not less than six months or more than five years the driver's or	34973
commercial driver's license or permit of any person who is	34974
convicted of or pleads guilty to any violation of this section or	34975
any other specified provision of this chapter. If an offender's	34976
driver's or commercial driver's license or permit is suspended	34977
pursuant to this division, the offender, at any time after the	34978
expiration of two years from the day on which the offender's	34979
sentence was imposed or from the day on which the offender finally	34980
was released from a prison term under the sentence, whichever is	34981
later, may file a motion with the sentencing court requesting	34982
termination of the suspension; upon the filing of such a motion	34983
and the court's finding of good cause for the termination, the	34984
court may terminate the suspension.	34985

(H)(1) In addition to any prison term authorized or required	34986
by division (C) of this section and sections 2929.13 and 2929.14	34987
of the Revised Code, in addition to any other penalty or sanction	34988
imposed for the offense under this section or sections 2929.11 to	34989
2929.18 of the Revised Code, and in addition to the forfeiture of	34990
property in connection with the offense as prescribed in Chapter	34991
2981. of the Revised Code, the court that sentences an offender	34992
who is convicted of or pleads guilty to a violation of division	34993
(A) of this section may impose upon the offender an additional	34994
fine specified for the offense in division (B)(4) of section	34995
2929.18 of the Revised Code. A fine imposed under division (H)(1)	34996
of this section is not subject to division (F) of this section and	34997
shall be used solely for the support of one or more eligible	34998
~~alcohol and drug~~community addiction ~~programs~~services provider in	34999
accordance with divisions (H)(2) and (3) of this section.	35000

(2) The court that imposes a fine under division (H)(1) of	35001
this section shall specify in the judgment that imposes the fine	35002
one or more eligible ~~alcohol and drug~~community addiction ~~programs~~	35003
services provider for the support of which the fine money is to be	35004
used. No ~~alcohol and drug~~community addiction ~~program~~services	35005
provider shall receive or use money paid or collected in	35006
satisfaction of a fine imposed under division (H)(1) of this	35007
section unless the ~~program~~services provider is specified in the	35008
judgment that imposes the fine. No ~~alcohol and drug~~community	35009
addiction ~~program~~services provider shall be specified in the	35010
judgment unless the ~~program~~services provider is an eligible	35011
~~alcohol and drug~~community addiction ~~program~~services provider	35012
and, except as otherwise provided in division (H)(2) of this	35013
section, unless the ~~program~~services provider is located in the	35014
county in which the court that imposes the fine is located or in a	35015
county that is immediately contiguous to the county in which that	35016
court is located. If no eligible ~~alcohol and drug~~community	35017
addiction ~~program~~services provider is located in any of those	35018
counties, the judgment may specify an eligible ~~alcohol and drug~~	35019
community addiction ~~program~~services provider that is located	35020
anywhere within this state.	35021

(3) Notwithstanding any contrary provision of section 3719.21	35022
of the Revised Code, the clerk of the court shall pay any fine	35023
imposed under division (H)(1) of this section to the eligible	35024
~~alcohol and drug~~community addiction ~~program~~services provider	35025
specified pursuant to division (H)(2) of this section in the	35026
judgment. The eligible ~~alcohol and drug~~community addiction	35027
~~program~~services provider that receives the fine moneys shall use	35028
the moneys only for the alcohol and drug addiction services	35029
identified in the application for certification under section	35030
~~3793.06~~5119.36 of the Revised Code or in the application for a	35031
license under section ~~3793.11~~5119.39 of the Revised Code filed	35032
with the department of ~~alcohol and drug addiction services~~mental	35033
health and addiction services by the ~~alcohol and drug~~community	35034
addiction ~~program~~services provider specified in the judgment.	35035

(4) Each ~~alcohol and drug~~community addiction ~~program~~	35036
services provider that receives in a calendar year any fine moneys	35037
under division (H)(3) of this section shall file an annual report	35038
covering that calendar year with the court of common pleas and the	35039
board of county commissioners of the county in which the ~~program~~	35040
services provider is located, with the court of common pleas and	35041
the board of county commissioners of each county from which the	35042
~~program~~services provider received the moneys if that county is	35043
different from the county in which the ~~program~~services provider	35044
is located, and with the attorney general. The ~~alcohol and drug~~	35045
community addiction ~~program~~services provider shall file the	35046
report no later than the first day of March in the calendar year	35047
following the calendar year in which the ~~program~~services provider	35048
received the fine moneys. The report shall include statistics on	35049
the number of persons served by the ~~alcohol and drug~~community	35050
addiction ~~program~~services provider, identify the types of alcohol	35051
and drug addiction services provided to those persons, and include	35052
a specific accounting of the purposes for which the fine moneys	35053
received were used. No information contained in the report shall	35054
identify, or enable a person to determine the identity of, any	35055
person served by the ~~alcohol and drug~~community addiction ~~program~~	35056
services provider. Each report received by a court of common	35057
pleas, a board of county commissioners, or the attorney general is	35058
a public record open for inspection under section 149.43 of the	35059
Revised Code.	35060

(5) As used in divisions (H)(1) to (5) of this section:

35061

(a) "~~Alcohol and drug~~Community addiction ~~program~~services	35062
provider" and "alcohol and drug addiction services" have the same	35063
meanings as in section ~~3793.01~~5119.01 of the Revised Code.	35064

(b) "Eligible ~~alcohol and drug~~community addiction ~~program~~	35065
services provider" means ~~an alcohol and drug~~a community addiction	35066
~~program~~services provider that is certified under section ~~3793.06~~	35067
5119.36 of the Revised Code or licensed under section ~~3793.11~~	35068
5119.39 of the Revised Code by the department of ~~alcohol and drug~~	35069
~~addiction services~~mental health and addiction services.	35070

(I) As used in this section, "drug" includes any substance	35071
that is represented to be a drug.	35072

(J) It is an affirmative defense to a charge of trafficking	35073
in a controlled substance analog under division (C)(8) of this	35074
section that the person charged with violating that offense sold	35075
or offered to sell, or prepared for shipment, shipped,	35076
transported, delivered, prepared for distribution, or distributed	35077
an item described in division (HH)(2)(a), (b), or (c) of section	35078
3719.01 of the Revised Code.	35079

Sec. 2929.13. (A) Except as provided in division (E), (F),	35080
or (G) of this section and unless a specific sanction is required	35081
to be imposed or is precluded from being imposed pursuant to law,	35082
a court that imposes a sentence upon an offender for a felony may	35083
impose any sanction or combination of sanctions on the offender	35084
that are provided in sections 2929.14 to 2929.18 of the Revised	35085
Code.	35086

If the offender is eligible to be sentenced to community	35087
control sanctions, the court shall consider the appropriateness of	35088
imposing a financial sanction pursuant to section 2929.18 of the	35089
Revised Code or a sanction of community service pursuant to	35090
section 2929.17 of the Revised Code as the sole sanction for the	35091
offense. Except as otherwise provided in this division, if the	35092
court is required to impose a mandatory prison term for the	35093
offense for which sentence is being imposed, the court also shall	35094
impose any financial sanction pursuant to section 2929.18 of the	35095
Revised Code that is required for the offense and may impose any	35096
other financial sanction pursuant to that section but may not	35097
impose any additional sanction or combination of sanctions under	35098
section 2929.16 or 2929.17 of the Revised Code.	35099

If the offender is being sentenced for a fourth degree felony	35100
OVI offense or for a third degree felony OVI offense, in addition	35101
to the mandatory term of local incarceration or the mandatory	35102
prison term required for the offense by division (G)(1) or (2) of	35103
this section, the court shall impose upon the offender a mandatory	35104
fine in accordance with division (B)(3) of section 2929.18 of the	35105
Revised Code and may impose whichever of the following is	35106
applicable:	35107

(1) For a fourth degree felony OVI offense for which sentence	35108
is imposed under division (G)(1) of this section, an additional	35109
community control sanction or combination of community control	35110
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	35111
the court imposes upon the offender a community control sanction	35112
and the offender violates any condition of the community control	35113
sanction, the court may take any action prescribed in division (B)	35114
of section 2929.15 of the Revised Code relative to the offender,	35115
including imposing a prison term on the offender pursuant to that	35116
division.	35117

(2) For a third or fourth degree felony OVI offense for which	35118
sentence is imposed under division (G)(2) of this section, an	35119
additional prison term as described in division (B)(4) of section	35120
2929.14 of the Revised Code or a community control sanction as	35121
described in division (G)(2) of this section.	35122

(B)(1)(a) Except as provided in division (B)(1)(b) of this	35123
section, if an offender is convicted of or pleads guilty to a	35124
felony of the fourth or fifth degree that is not an offense of	35125
violence or that is a qualifying assault offense, the court shall	35126
sentence the offender to a community control sanction of at least	35127
one year's duration if all of the following apply:	35128

(i) The offender previously has not been convicted of or	35129
pleaded guilty to a felony offense.	35130

(ii) The most serious charge against the offender at the time	35131
of sentencing is a felony of the fourth or fifth degree.	35132

(iii) If the court made a request of the department of	35133
rehabilitation and correction pursuant to division (B)(1)(c) of	35134
this section, the department, within the forty-five-day period	35135
specified in that division, provided the court with the names of,	35136
contact information for, and program details of one or more	35137
community control sanctions of at least one year's duration that	35138
are available for persons sentenced by the court.	35139

(iv) The offender previously has not been convicted of or	35140
pleaded guilty to a misdemeanor offense of violence that the	35141
offender committed within two years prior to the offense for which	35142
sentence is being imposed.	35143

(b) The court has discretion to impose a prison term upon an	35144
offender who is convicted of or pleads guilty to a felony of the	35145
fourth or fifth degree that is not an offense of violence or that	35146
is a qualifying assault offense if any of the following apply:	35147

(i) The offender committed the offense while having a firearm	35148
on or about the offender's person or under the offender's control.	35149

(ii) If the offense is a qualifying assault offense, the	35150
offender caused serious physical harm to another person while	35151
committing the offense, and, if the offense is not a qualifying	35152
assault offense, the offender caused physical harm to another	35153
person while committing the offense.	35154

(iii) The offender violated a term of the conditions of bond	35155
as set by the court.	35156

(iv) The court made a request of the department of	35157
rehabilitation and correction pursuant to division (B)(1)(c) of	35158
this section, and the department, within the forty-five-day period	35159
specified in that division, did not provide the court with the	35160
name of, contact information for, and program details of any	35161
community control sanction of at least one year's duration that is	35162
available for persons sentenced by the court.	35163

(v) The offense is a sex offense that is a fourth or fifth	35164
degree felony violation of any provision of Chapter 2907. of the	35165
Revised Code.	35166

(vi) In committing the offense, the offender attempted to	35167
cause or made an actual threat of physical harm to a person with a	35168
deadly weapon.	35169

(vii) In committing the offense, the offender attempted to	35170
cause or made an actual threat of physical harm to a person, and	35171
the offender previously was convicted of an offense that caused	35172
physical harm to a person.	35173

(viii) The offender held a public office or position of	35174
trust, and the offense related to that office or position; the	35175
offender's position obliged the offender to prevent the offense or	35176
to bring those committing it to justice; or the offender's	35177
professional reputation or position facilitated the offense or was	35178
likely to influence the future conduct of others.	35179

(ix) The offender committed the offense for hire or as part	35180
of an organized criminal activity.	35181

(x) The offender at the time of the offense was serving, or	35182
the offender previously had served, a prison term.	35183

(xi) The offender committed the offense while under a	35184
community control sanction, while on probation, or while released	35185
from custody on a bond or personal recognizance.	35186

(c) If a court that is sentencing an offender who is	35187
convicted of or pleads guilty to a felony of the fourth or fifth	35188
degree that is not an offense of violence or that is a qualifying	35189
assault offense believes that no community control sanctions are	35190
available for its use that, if imposed on the offender, will	35191
adequately fulfill the overriding principles and purposes of	35192
sentencing, the court shall contact the department of	35193
rehabilitation and correction and ask the department to provide	35194
the court with the names of, contact information for, and program	35195
details of one or more community control sanctions of at least one	35196
year's duration that are available for persons sentenced by the	35197
court. Not later than forty-five days after receipt of a request	35198
from a court under this division, the department shall provide the	35199
court with the names of, contact information for, and program	35200
details of one or more community control sanctions of at least one	35201
year's duration that are available for persons sentenced by the	35202
court, if any. Upon making a request under this division that	35203
relates to a particular offender, a court shall defer sentencing	35204
of that offender until it receives from the department the names	35205
of, contact information for, and program details of one or more	35206
community control sanctions of at least one year's duration that	35207
are available for persons sentenced by the court or for forty-five	35208
days, whichever is the earlier.	35209

If the department provides the court with the names of,	35210
contact information for, and program details of one or more	35211
community control sanctions of at least one year's duration that	35212
are available for persons sentenced by the court within the	35213
forty-five-day period specified in this division, the court shall	35214
impose upon the offender a community control sanction under	35215
division (B)(1)(a) of this section, except that the court may	35216
impose a prison term under division (B)(1)(b) of this section if a	35217
factor described in division (B)(1)(b)(i) or (ii) of this section	35218
applies. If the department does not provide the court with the	35219
names of, contact information for, and program details of one or	35220
more community control sanctions of at least one year's duration	35221
that are available for persons sentenced by the court within the	35222
forty-five-day period specified in this division, the court may	35223
impose upon the offender a prison term under division	35224
(B)(1)(b)(iv) of this section.	35225

(d) A sentencing court may impose an additional penalty under	35226
division (B) of section 2929.15 of the Revised Code upon an	35227
offender sentenced to a community control sanction under division	35228
(B)(1)(a) of this section if the offender violates the conditions	35229
of the community control sanction, violates a law, or leaves the	35230
state without the permission of the court or the offender's	35231
probation officer.	35232

(2) If division (B)(1) of this section does not apply, except	35233
as provided in division (E), (F), or (G) of this section, in	35234
determining whether to impose a prison term as a sanction for a	35235
felony of the fourth or fifth degree, the sentencing court shall	35236
comply with the purposes and principles of sentencing under	35237
section 2929.11 of the Revised Code and with section 2929.12 of	35238
the Revised Code.	35239

(C) Except as provided in division (D), (E), (F), or (G) of	35240
this section, in determining whether to impose a prison term as a	35241
sanction for a felony of the third degree or a felony drug offense	35242
that is a violation of a provision of Chapter 2925. of the Revised	35243
Code and that is specified as being subject to this division for	35244
purposes of sentencing, the sentencing court shall comply with the	35245
purposes and principles of sentencing under section 2929.11 of the	35246
Revised Code and with section 2929.12 of the Revised Code.	35247

(D)(1) Except as provided in division (E) or (F) of this	35248
section, for a felony of the first or second degree, for a felony	35249
drug offense that is a violation of any provision of Chapter	35250
2925., 3719., or 4729. of the Revised Code for which a presumption	35251
in favor of a prison term is specified as being applicable, and	35252
for a violation of division (A)(4) or (B) of section 2907.05 of	35253
the Revised Code for which a presumption in favor of a prison term	35254
is specified as being applicable, it is presumed that a prison	35255
term is necessary in order to comply with the purposes and	35256
principles of sentencing under section 2929.11 of the Revised	35257
Code. Division (D)(2) of this section does not apply to a	35258
presumption established under this division for a violation of	35259
division (A)(4) of section 2907.05 of the Revised Code.	35260

(2) Notwithstanding the presumption established under	35261
division (D)(1) of this section for the offenses listed in that	35262
division other than a violation of division (A)(4) or (B) of	35263
section 2907.05 of the Revised Code, the sentencing court may	35264
impose a community control sanction or a combination of community	35265
control sanctions instead of a prison term on an offender for a	35266
felony of the first or second degree or for a felony drug offense	35267
that is a violation of any provision of Chapter 2925., 3719., or	35268
4729. of the Revised Code for which a presumption in favor of a	35269
prison term is specified as being applicable if it makes both of	35270
the following findings:	35271

(a) A community control sanction or a combination of	35272
community control sanctions would adequately punish the offender	35273
and protect the public from future crime, because the applicable	35274
factors under section 2929.12 of the Revised Code indicating a	35275
lesser likelihood of recidivism outweigh the applicable factors	35276
under that section indicating a greater likelihood of recidivism.	35277

(b) A community control sanction or a combination of	35278
community control sanctions would not demean the seriousness of	35279
the offense, because one or more factors under section 2929.12 of	35280
the Revised Code that indicate that the offender's conduct was	35281
less serious than conduct normally constituting the offense are	35282
applicable, and they outweigh the applicable factors under that	35283
section that indicate that the offender's conduct was more serious	35284
than conduct normally constituting the offense.	35285

(E)(1) Except as provided in division (F) of this section,	35286
for any drug offense that is a violation of any provision of	35287
Chapter 2925. of the Revised Code and that is a felony of the	35288
third, fourth, or fifth degree, the applicability of a presumption	35289
under division (D) of this section in favor of a prison term or of	35290
division (B) or (C) of this section in determining whether to	35291
impose a prison term for the offense shall be determined as	35292
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	35293
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	35294
Revised Code, whichever is applicable regarding the violation.	35295

(2) If an offender who was convicted of or pleaded guilty to	35296
a felony violates the conditions of a community control sanction	35297
imposed for the offense solely by reason of producing positive	35298
results on a drug test, the court, as punishment for the violation	35299
of the sanction, shall not order that the offender be imprisoned	35300
unless the court determines on the record either of the following:	35301

(a) The offender had been ordered as a sanction for the	35302
felony to participate in a drug treatment program, in a drug	35303
education program, or in narcotics anonymous or a similar program,	35304
and the offender continued to use illegal drugs after a reasonable	35305
period of participation in the program.	35306

(b) The imprisonment of the offender for the violation is	35307
consistent with the purposes and principles of sentencing set	35308
forth in section 2929.11 of the Revised Code.	35309

(3) A court that sentences an offender for a drug abuse	35310
offense that is a felony of the third, fourth, or fifth degree may	35311
require that the offender be assessed by a properly credentialed	35312
professional within a specified period of time. The court shall	35313
require the professional to file a written assessment of the	35314
offender with the court. If the offender is eligible for a	35315
community control sanction and after considering the written	35316
assessment, the court may impose a community control sanction that	35317
includes treatment and recovery support services authorized by	35318
section ~~3793.02~~5119.21 of the Revised Code. If the court imposes	35319
treatment and recovery support services as a community control	35320
sanction, the court shall direct the level and type of treatment	35321
and recovery support services after considering the assessment and	35322
recommendation of treatment and recovery support services	35323
providers.	35324

(F) Notwithstanding divisions (A) to (E) of this section, the	35325
court shall impose a prison term or terms under sections 2929.02	35326
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	35327
of the Revised Code and except as specifically provided in section	35328
2929.20, divisions (C) to (I) of section 2967.19, or section	35329
2967.191 of the Revised Code or when parole is authorized for the	35330
offense under section 2967.13 of the Revised Code shall not reduce	35331
the term or terms pursuant to section 2929.20, section 2967.19,	35332
section 2967.193, or any other provision of Chapter 2967. or	35333
Chapter 5120. of the Revised Code for any of the following	35334
offenses:	35335

(1) Aggravated murder when death is not imposed or murder;

35336

(2) Any rape, regardless of whether force was involved and	35337
regardless of the age of the victim, or an attempt to commit rape	35338
if, had the offender completed the rape that was attempted, the	35339
offender would have been guilty of a violation of division	35340
(A)(1)(b) of section 2907.02 of the Revised Code and would be	35341
sentenced under section 2971.03 of the Revised Code;	35342

(3) Gross sexual imposition or sexual battery, if the victim	35343
is less than thirteen years of age and if any of the following	35344
applies:	35345

(a) Regarding gross sexual imposition, the offender	35346
previously was convicted of or pleaded guilty to rape, the former	35347
offense of felonious sexual penetration, gross sexual imposition,	35348
or sexual battery, and the victim of the previous offense was less	35349
than thirteen years of age;	35350

(b) Regarding gross sexual imposition, the offense was	35351
committed on or after August 3, 2006, and evidence other than the	35352
testimony of the victim was admitted in the case corroborating the	35353
violation.	35354

(c) Regarding sexual battery, either of the following	35355
applies:	35356

(i) The offense was committed prior to August 3, 2006, the	35357
offender previously was convicted of or pleaded guilty to rape,	35358
the former offense of felonious sexual penetration, or sexual	35359
battery, and the victim of the previous offense was less than	35360
thirteen years of age.	35361

(ii) The offense was committed on or after August 3, 2006.

35362

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	35363
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	35364
if the section requires the imposition of a prison term;	35365

(5) A first, second, or third degree felony drug offense for	35366
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	35367
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	35368
4729.99 of the Revised Code, whichever is applicable regarding the	35369
violation, requires the imposition of a mandatory prison term;	35370

(6) Any offense that is a first or second degree felony and	35371
that is not set forth in division (F)(1), (2), (3), or (4) of this	35372
section, if the offender previously was convicted of or pleaded	35373
guilty to aggravated murder, murder, any first or second degree	35374
felony, or an offense under an existing or former law of this	35375
state, another state, or the United States that is or was	35376
substantially equivalent to one of those offenses;	35377

(7) Any offense that is a third degree felony and either is a	35378
violation of section 2903.04 of the Revised Code or an attempt to	35379
commit a felony of the second degree that is an offense of	35380
violence and involved an attempt to cause serious physical harm to	35381
a person or that resulted in serious physical harm to a person if	35382
the offender previously was convicted of or pleaded guilty to any	35383
of the following offenses:	35384

(a) Aggravated murder, murder, involuntary manslaughter,	35385
rape, felonious sexual penetration as it existed under section	35386
2907.12 of the Revised Code prior to September 3, 1996, a felony	35387
of the first or second degree that resulted in the death of a	35388
person or in physical harm to a person, or complicity in or an	35389
attempt to commit any of those offenses;	35390

(b) An offense under an existing or former law of this state,	35391
another state, or the United States that is or was substantially	35392
equivalent to an offense listed in division (F)(7)(a) of this	35393
section that resulted in the death of a person or in physical harm	35394
to a person.	35395

(8) Any offense, other than a violation of section 2923.12 of	35396
the Revised Code, that is a felony, if the offender had a firearm	35397
on or about the offender's person or under the offender's control	35398
while committing the felony, with respect to a portion of the	35399
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	35400
of the Revised Code for having the firearm;	35401

(9) Any offense of violence that is a felony, if the offender	35402
wore or carried body armor while committing the felony offense of	35403
violence, with respect to the portion of the sentence imposed	35404
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	35405
Code for wearing or carrying the body armor;	35406

(10) Corrupt activity in violation of section 2923.32 of the	35407
Revised Code when the most serious offense in the pattern of	35408
corrupt activity that is the basis of the offense is a felony of	35409
the first degree;	35410

(11) Any violent sex offense or designated homicide, assault,	35411
or kidnapping offense if, in relation to that offense, the	35412
offender is adjudicated a sexually violent predator;	35413

(12) A violation of division (A)(1) or (2) of section 2921.36	35414
of the Revised Code, or a violation of division (C) of that	35415
section involving an item listed in division (A)(1) or (2) of that	35416
section, if the offender is an officer or employee of the	35417
department of rehabilitation and correction;	35418

(13) A violation of division (A)(1) or (2) of section 2903.06	35419
of the Revised Code if the victim of the offense is a peace	35420
officer, as defined in section 2935.01 of the Revised Code, or an	35421
investigator of the bureau of criminal identification and	35422
investigation, as defined in section 2903.11 of the Revised Code,	35423
with respect to the portion of the sentence imposed pursuant to	35424
division (B)(5) of section 2929.14 of the Revised Code;	35425

(14) A violation of division (A)(1) or (2) of section 2903.06	35426
of the Revised Code if the offender has been convicted of or	35427
pleaded guilty to three or more violations of division (A) or (B)	35428
of section 4511.19 of the Revised Code or an equivalent offense,	35429
as defined in section 2941.1415 of the Revised Code, or three or	35430
more violations of any combination of those divisions and	35431
offenses, with respect to the portion of the sentence imposed	35432
pursuant to division (B)(6) of section 2929.14 of the Revised	35433
Code;	35434

(15) Kidnapping, in the circumstances specified in section	35435
2971.03 of the Revised Code and when no other provision of	35436
division (F) of this section applies;	35437

(16) Kidnapping, abduction, compelling prostitution,	35438
promoting prostitution, engaging in a pattern of corrupt activity,	35439
illegal use of a minor in a nudity-oriented material or	35440
performance in violation of division (A)(1) or (2) of section	35441
2907.323 of the Revised Code, or endangering children in violation	35442
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	35443
the Revised Code, if the offender is convicted of or pleads guilty	35444
to a specification as described in section 2941.1422 of the	35445
Revised Code that was included in the indictment, count in the	35446
indictment, or information charging the offense;	35447

(17) A felony violation of division (A) or (B) of section	35448
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	35449
that section, and division (D)(6) of that section, require the	35450
imposition of a prison term;	35451

(18) A felony violation of section 2903.11, 2903.12, or	35452
2903.13 of the Revised Code, if the victim of the offense was a	35453
woman that the offender knew was pregnant at the time of the	35454
violation, with respect to a portion of the sentence imposed	35455
pursuant to division (B)(8) of section 2929.14 of the Revised	35456
Code.	35457

(G) Notwithstanding divisions (A) to (E) of this section, if	35458
an offender is being sentenced for a fourth degree felony OVI	35459
offense or for a third degree felony OVI offense, the court shall	35460
impose upon the offender a mandatory term of local incarceration	35461
or a mandatory prison term in accordance with the following:	35462

(1) If the offender is being sentenced for a fourth degree	35463
felony OVI offense and if the offender has not been convicted of	35464
and has not pleaded guilty to a specification of the type	35465
described in section 2941.1413 of the Revised Code, the court may	35466
impose upon the offender a mandatory term of local incarceration	35467
of sixty days or one hundred twenty days as specified in division	35468
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	35469
not reduce the term pursuant to section 2929.20, 2967.193, or any	35470
other provision of the Revised Code. The court that imposes a	35471
mandatory term of local incarceration under this division shall	35472
specify whether the term is to be served in a jail, a	35473
community-based correctional facility, a halfway house, or an	35474
alternative residential facility, and the offender shall serve the	35475
term in the type of facility specified by the court. A mandatory	35476
term of local incarceration imposed under division (G)(1) of this	35477
section is not subject to any other Revised Code provision that	35478
pertains to a prison term except as provided in division (A)(1) of	35479
this section.	35480

(2) If the offender is being sentenced for a third degree	35481
felony OVI offense, or if the offender is being sentenced for a	35482
fourth degree felony OVI offense and the court does not impose a	35483
mandatory term of local incarceration under division (G)(1) of	35484
this section, the court shall impose upon the offender a mandatory	35485
prison term of one, two, three, four, or five years if the	35486
offender also is convicted of or also pleads guilty to a	35487
specification of the type described in section 2941.1413 of the	35488
Revised Code or shall impose upon the offender a mandatory prison	35489
term of sixty days or one hundred twenty days as specified in	35490
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	35491
if the offender has not been convicted of and has not pleaded	35492
guilty to a specification of that type. Subject to divisions (C)	35493
to (I) of section 2967.19 of the Revised Code, the court shall not	35494
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	35495
any other provision of the Revised Code. The offender shall serve	35496
the one-, two-, three-, four-, or five-year mandatory prison term	35497
consecutively to and prior to the prison term imposed for the	35498
underlying offense and consecutively to any other mandatory prison	35499
term imposed in relation to the offense. In no case shall an	35500
offender who once has been sentenced to a mandatory term of local	35501
incarceration pursuant to division (G)(1) of this section for a	35502
fourth degree felony OVI offense be sentenced to another mandatory	35503
term of local incarceration under that division for any violation	35504
of division (A) of section 4511.19 of the Revised Code. In	35505
addition to the mandatory prison term described in division (G)(2)	35506
of this section, the court may sentence the offender to a	35507
community control sanction under section 2929.16 or 2929.17 of the	35508
Revised Code, but the offender shall serve the prison term prior	35509
to serving the community control sanction. The department of	35510
rehabilitation and correction may place an offender sentenced to a	35511
mandatory prison term under this division in an intensive program	35512
prison established pursuant to section 5120.033 of the Revised	35513
Code if the department gave the sentencing judge prior notice of	35514
its intent to place the offender in an intensive program prison	35515
established under that section and if the judge did not notify the	35516
department that the judge disapproved the placement. Upon the	35517
establishment of the initial intensive program prison pursuant to	35518
section 5120.033 of the Revised Code that is privately operated	35519
and managed by a contractor pursuant to a contract entered into	35520
under section 9.06 of the Revised Code, both of the following	35521
apply:	35522

(a) The department of rehabilitation and correction shall	35523
make a reasonable effort to ensure that a sufficient number of	35524
offenders sentenced to a mandatory prison term under this division	35525
are placed in the privately operated and managed prison so that	35526
the privately operated and managed prison has full occupancy.	35527

(b) Unless the privately operated and managed prison has full	35528
occupancy, the department of rehabilitation and correction shall	35529
not place any offender sentenced to a mandatory prison term under	35530
this division in any intensive program prison established pursuant	35531
to section 5120.033 of the Revised Code other than the privately	35532
operated and managed prison.	35533

(H) If an offender is being sentenced for a sexually oriented	35534
offense or child-victim oriented offense that is a felony	35535
committed on or after January 1, 1997, the judge shall require the	35536
offender to submit to a DNA specimen collection procedure pursuant	35537
to section 2901.07 of the Revised Code.	35538

(I) If an offender is being sentenced for a sexually oriented	35539
offense or a child-victim oriented offense committed on or after	35540
January 1, 1997, the judge shall include in the sentence a summary	35541
of the offender's duties imposed under sections 2950.04, 2950.041,	35542
2950.05, and 2950.06 of the Revised Code and the duration of the	35543
duties. The judge shall inform the offender, at the time of	35544
sentencing, of those duties and of their duration. If required	35545
under division (A)(2) of section 2950.03 of the Revised Code, the	35546
judge shall perform the duties specified in that section, or, if	35547
required under division (A)(6) of section 2950.03 of the Revised	35548
Code, the judge shall perform the duties specified in that	35549
division.	35550

(J)(1) Except as provided in division (J)(2) of this section,	35551
when considering sentencing factors under this section in relation	35552
to an offender who is convicted of or pleads guilty to an attempt	35553
to commit an offense in violation of section 2923.02 of the	35554
Revised Code, the sentencing court shall consider the factors	35555
applicable to the felony category of the violation of section	35556
2923.02 of the Revised Code instead of the factors applicable to	35557
the felony category of the offense attempted.	35558

(2) When considering sentencing factors under this section in	35559
relation to an offender who is convicted of or pleads guilty to an	35560
attempt to commit a drug abuse offense for which the penalty is	35561
determined by the amount or number of unit doses of the controlled	35562
substance involved in the drug abuse offense, the sentencing court	35563
shall consider the factors applicable to the felony category that	35564
the drug abuse offense attempted would be if that drug abuse	35565
offense had been committed and had involved an amount or number of	35566
unit doses of the controlled substance that is within the next	35567
lower range of controlled substance amounts than was involved in	35568
the attempt.	35569

(K) As used in this section:

35570

(1) "Drug abuse offense" has the same meaning as in section	35571
2925.01 of the Revised Code.	35572

(2) "Qualifying assault offense" means a violation of section	35573
2903.13 of the Revised Code for which the penalty provision in	35574
division (C)~~(7)~~(8)(b) or (C)~~(8)~~(9)(b) of that section applies.	35575

(L) At the time of sentencing an offender for any sexually	35576
oriented offense, if the offender is a tier III sex	35577
offender/child-victim offender relative to that offense and the	35578
offender does not serve a prison term or jail term, the court may	35579
require that the offender be monitored by means of a global	35580
positioning device. If the court requires such monitoring, the	35581
cost of monitoring shall be borne by the offender. If the offender	35582
is indigent, the cost of compliance shall be paid by the crime	35583
victims reparations fund.	35584

Sec. 2929.15. (A)(1) If in sentencing an offender for a	35585
felony the court is not required to impose a prison term, a	35586
mandatory prison term, or a term of life imprisonment upon the	35587
offender, the court may directly impose a sentence that consists	35588
of one or more community control sanctions authorized pursuant to	35589
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	35590
court is sentencing an offender for a fourth degree felony OVI	35591
offense under division (G)(1) of section 2929.13 of the Revised	35592
Code, in addition to the mandatory term of local incarceration	35593
imposed under that division and the mandatory fine required by	35594
division (B)(3) of section 2929.18 of the Revised Code, the court	35595
may impose upon the offender a community control sanction or	35596
combination of community control sanctions in accordance with	35597
sections 2929.16 and 2929.17 of the Revised Code. If the court is	35598
sentencing an offender for a third or fourth degree felony OVI	35599
offense under division (G)(2) of section 2929.13 of the Revised	35600
Code, in addition to the mandatory prison term or mandatory prison	35601
term and additional prison term imposed under that division, the	35602
court also may impose upon the offender a community control	35603
sanction or combination of community control sanctions under	35604
section 2929.16 or 2929.17 of the Revised Code, but the offender	35605
shall serve all of the prison terms so imposed prior to serving	35606
the community control sanction.	35607

The duration of all community control sanctions imposed upon	35608
an offender under this division shall not exceed five years. If	35609
the offender absconds or otherwise leaves the jurisdiction of the	35610
court in which the offender resides without obtaining permission	35611
from the court or the offender's probation officer to leave the	35612
jurisdiction of the court, or if the offender is confined in any	35613
institution for the commission of any offense while under a	35614
community control sanction, the period of the community control	35615
sanction ceases to run until the offender is brought before the	35616
court for its further action. If the court sentences the offender	35617
to one or more nonresidential sanctions under section 2929.17 of	35618
the Revised Code, the court shall impose as a condition of the	35619
nonresidential sanctions that, during the period of the sanctions,	35620
the offender must abide by the law and must not leave the state	35621
without the permission of the court or the offender's probation	35622
officer. The court may impose any other conditions of release	35623
under a community control sanction that the court considers	35624
appropriate, including, but not limited to, requiring that the	35625
offender not ingest or be injected with a drug of abuse and submit	35626
to random drug testing as provided in division (D) of this section	35627
to determine whether the offender ingested or was injected with a	35628
drug of abuse and requiring that the results of the drug test	35629
indicate that the offender did not ingest or was not injected with	35630
a drug of abuse.	35631

(2)(a) If a court sentences an offender to any community	35632
control sanction or combination of community control sanctions	35633
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	35634
Revised Code, the court shall place the offender under the general	35635
control and supervision of a department of probation in the county	35636
that serves the court for purposes of reporting to the court a	35637
violation of any condition of the sanctions, any condition of	35638
release under a community control sanction imposed by the court, a	35639
violation of law, or the departure of the offender from this state	35640
without the permission of the court or the offender's probation	35641
officer. Alternatively, if the offender resides in another county	35642
and a county department of probation has been established in that	35643
county or that county is served by a multicounty probation	35644
department established under section 2301.27 of the Revised Code,	35645
the court may request the court of common pleas of that county to	35646
receive the offender into the general control and supervision of	35647
that county or multicounty department of probation for purposes of	35648
reporting to the court a violation of any condition of the	35649
sanctions, any condition of release under a community control	35650
sanction imposed by the court, a violation of law, or the	35651
departure of the offender from this state without the permission	35652
of the court or the offender's probation officer, subject to the	35653
jurisdiction of the trial judge over and with respect to the	35654
person of the offender, and to the rules governing that department	35655
of probation.	35656

If there is no department of probation in the county that	35657
serves the court, the court shall place the offender, regardless	35658
of the offender's county of residence, under the general control	35659
and supervision of the adult parole authority for purposes of	35660
reporting to the court a violation of any of the sanctions, any	35661
condition of release under a community control sanction imposed by	35662
the court, a violation of law, or the departure of the offender	35663
from this state without the permission of the court or the	35664
offender's probation officer.	35665

(b) If the court imposing sentence upon an offender sentences	35666
the offender to any community control sanction or combination of	35667
community control sanctions authorized pursuant to section	35668
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	35669
offender violates any condition of the sanctions, any condition of	35670
release under a community control sanction imposed by the court,	35671
violates any law, or departs the state without the permission of	35672
the court or the offender's probation officer, the public or	35673
private person or entity that operates or administers the sanction	35674
or the program or activity that comprises the sanction shall	35675
report the violation or departure directly to the sentencing	35676
court, or shall report the violation or departure to the county or	35677
multicounty department of probation with general control and	35678
supervision over the offender under division (A)(2)(a) of this	35679
section or the officer of that department who supervises the	35680
offender, or, if there is no such department with general control	35681
and supervision over the offender under that division, to the	35682
adult parole authority. If the public or private person or entity	35683
that operates or administers the sanction or the program or	35684
activity that comprises the sanction reports the violation or	35685
departure to the county or multicounty department of probation or	35686
the adult parole authority, the department's or authority's	35687
officers may treat the offender as if the offender were on	35688
probation and in violation of the probation, and shall report the	35689
violation of the condition of the sanction, any condition of	35690
release under a community control sanction imposed by the court,	35691
the violation of law, or the departure from the state without the	35692
required permission to the sentencing court.	35693

(3) If an offender who is eligible for community control	35694
sanctions under this section admits to being drug addicted or the	35695
court has reason to believe that the offender is drug addicted,	35696
and if the offense for which the offender is being sentenced was	35697
related to the addiction, the court may require that the offender	35698
be assessed by a properly credentialed professional within a	35699
specified period of time and shall require the professional to	35700
file a written assessment of the offender with the court. If a	35701
court imposes treatment and recovery support services as a	35702
community control sanction, the court shall direct the level and	35703
type of treatment and recovery support services after	35704
consideration of the written assessment, if available at the time	35705
of sentencing, and recommendations of the professional and other	35706
treatment and recovery support services providers.	35707

(4) If an assessment completed pursuant to division (A)(3) of	35708
this section indicates that the offender is addicted to drugs or	35709
alcohol, the court may include in any community control sanction	35710
imposed for a violation of section 2925.02, 2925.03, 2925.04,	35711
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	35712
2925.37 of the Revised Code a requirement that the offender	35713
participate in a treatment and recovery support services program	35714
certified under section ~~3793.06~~5119.36 of the Revised Code or	35715
offered by another properly credentialed ~~program~~community	35716
addiction services provider.	35717

(B)(1) If the conditions of a community control sanction are	35718
violated or if the offender violates a law or leaves the state	35719
without the permission of the court or the offender's probation	35720
officer, the sentencing court may impose upon the violator one or	35721
more of the following penalties:	35722

(a) A longer time under the same sanction if the total time	35723
under the sanctions does not exceed the five-year limit specified	35724
in division (A) of this section;	35725

(b) A more restrictive sanction under section 2929.16,	35726
2929.17, or 2929.18 of the Revised Code;	35727

(c) A prison term on the offender pursuant to section 2929.14	35728
of the Revised Code.	35729

(2) The prison term, if any, imposed upon a violator pursuant	35730
to this division shall be within the range of prison terms	35731
available for the offense for which the sanction that was violated	35732
was imposed and shall not exceed the prison term specified in the	35733
notice provided to the offender at the sentencing hearing pursuant	35734
to division (B)(2) of section 2929.19 of the Revised Code. The	35735
court may reduce the longer period of time that the offender is	35736
required to spend under the longer sanction, the more restrictive	35737
sanction, or a prison term imposed pursuant to this division by	35738
the time the offender successfully spent under the sanction that	35739
was initially imposed.	35740

(C) If an offender, for a significant period of time,	35741
fulfills the conditions of a sanction imposed pursuant to section	35742
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	35743
manner, the court may reduce the period of time under the sanction	35744
or impose a less restrictive sanction, but the court shall not	35745
permit the offender to violate any law or permit the offender to	35746
leave the state without the permission of the court or the	35747
offender's probation officer.	35748

(D)(1) If a court under division (A)(1) of this section	35749
imposes a condition of release under a community control sanction	35750
that requires the offender to submit to random drug testing, the	35751
department of probation or the adult parole authority that has	35752
general control and supervision of the offender under division	35753
(A)(2)(a) of this section may cause the offender to submit to	35754
random drug testing performed by a laboratory or entity that has	35755
entered into a contract with any of the governmental entities or	35756
officers authorized to enter into a contract with that laboratory	35757
or entity under section 341.26, 753.33, or 5120.63 of the Revised	35758
Code.	35759

(2) If no laboratory or entity described in division (D)(1)	35760
of this section has entered into a contract as specified in that	35761
division, the department of probation or the adult parole	35762
authority that has general control and supervision of the offender	35763
under division (A)(2)(a) of this section shall cause the offender	35764
to submit to random drug testing performed by a reputable public	35765
laboratory to determine whether the individual who is the subject	35766
of the drug test ingested or was injected with a drug of abuse.	35767

(3) A laboratory or entity that has entered into a contract	35768
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	35769
shall perform the random drug tests under division (D)(1) of this	35770
section in accordance with the applicable standards that are	35771
included in the terms of that contract. A public laboratory shall	35772
perform the random drug tests under division (D)(2) of this	35773
section in accordance with the standards set forth in the policies	35774
and procedures established by the department of rehabilitation and	35775
correction pursuant to section 5120.63 of the Revised Code. An	35776
offender who is required under division (A)(1) of this section to	35777
submit to random drug testing as a condition of release under a	35778
community control sanction and whose test results indicate that	35779
the offender ingested or was injected with a drug of abuse shall	35780
pay the fee for the drug test if the department of probation or	35781
the adult parole authority that has general control and	35782
supervision of the offender requires payment of a fee. A	35783
laboratory or entity that performs the random drug testing on an	35784
offender under division (D)(1) or (2) of this section shall	35785
transmit the results of the drug test to the appropriate	35786
department of probation or the adult parole authority that has	35787
general control and supervision of the offender under division	35788
(A)(2)(a) of this section.	35789

Sec. 2930.01. As used in this chapter:

35790

(A) "Crime" means any of the following:

35791

(1) A felony;

35792

(2) A violation of section 2903.05, 2903.06, 2903.13,	35793
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	35794
Revised Code, a violation of section 2903.07 of the Revised Code	35795
as it existed prior to March 23, 2000, or a violation of a	35796
substantially equivalent municipal ordinance;	35797

(3) A violation of division (A) or (B) of section 4511.19,	35798
division (A) or (B) of section 1547.11, or division (A)(3) of	35799
section 4561.15 of the Revised Code or of a municipal ordinance	35800
substantially similar to any of those divisions that is the	35801
proximate cause of a vehicle, streetcar, trackless trolley,	35802
aquatic device, or aircraft accident in which the victim receives	35803
injuries for which the victim receives medical treatment either at	35804
the scene of the accident by emergency medical services personnel	35805
or at a hospital, ambulatory care facility, physician's office,	35806
specialist's office, or other medical care facility.	35807

(4) A motor vehicle accident to which both of the following	35808
apply:	35809

(a) The motor vehicle accident is caused by a violation of a	35810
provision of the Revised Code that is a misdemeanor of the first	35811
degree or higher.	35812

(b) As a result of the motor vehicle accident, the victim	35813
receives injuries for which the victim receives medical treatment	35814
either at the scene of the accident by emergency medical services	35815
personnel or at a hospital, ambulatory care facility, physician's	35816
office, specialist's office, or other medical care facility.	35817

(B) "Custodial agency" means one of the following:

35818

(1) The entity that has custody of a defendant or an alleged	35819
juvenile offender who is incarcerated for a crime, is under	35820
detention for the commission of a specified delinquent act, or who	35821
is detained after a finding of incompetence to stand trial or not	35822
guilty by reason of insanity relative to a crime, including any of	35823
the following:	35824

(a) The department of rehabilitation and correction or the	35825
adult parole authority;	35826

(b) A county sheriff;

35827

(c) The entity that administers a jail, as defined in section	35828
2929.01 of the Revised Code;	35829

(d) The entity that administers a community-based	35830
correctional facility and program or a district community-based	35831
correctional facility and program;	35832

(e) The department of ~~mental health~~mental health and	35833
addiction services or other entity to which a defendant found	35834
incompetent to stand trial or not guilty by reason of insanity is	35835
committed.	35836

(2) The entity that has custody of an alleged juvenile	35837
offender pursuant to an order of disposition of a juvenile court,	35838
including the department of youth services or a school, camp,	35839
institution, or other facility operated for the care of delinquent	35840
children.	35841

(C) "Defendant" means a person who is alleged to be the	35842
perpetrator of a crime in a police report or in a complaint,	35843
indictment, or information that charges the commission of a crime	35844
and that provides the basis for the criminal prosecution and	35845
subsequent proceedings to which this chapter makes reference.	35846

(D) "Member of the victim's family" means a spouse, child,	35847
stepchild, sibling, parent, stepparent, grandparent, or other	35848
relative of a victim but does not include a person who is charged	35849
with, convicted of, or adjudicated to be a delinquent child for	35850
the crime or specified delinquent act against the victim or	35851
another crime or specified delinquent act arising from the same	35852
conduct, criminal episode, or plan.	35853

(E) "Prosecutor" means one of the following:

35854

(1) With respect to a criminal case, it has the same meaning	35855
as in section 2935.01 of the Revised Code and also includes the	35856
attorney general and, when appropriate, the employees of any	35857
person listed in section 2935.01 of the Revised Code or of the	35858
attorney general.	35859

(2) With respect to a delinquency proceeding, it includes any	35860
person listed in division (C) of section 2935.01 of the Revised	35861
Code or an employee of a person listed in that division who	35862
prosecutes a delinquency proceeding.	35863

(F) "Public agency" means an office, agency, department,	35864
bureau, or other governmental entity of the state or of a	35865
political subdivision of the state.	35866

(G) "Public official" has the same meaning as in section	35867
2921.01 of the Revised Code.	35868

(H) "Victim" means either of the following:

35869

(1) A person who is identified as the victim of a crime or	35870
specified delinquent act in a police report or in a complaint,	35871
indictment, or information that charges the commission of a crime	35872
and that provides the basis for the criminal prosecution or	35873
delinquency proceeding and subsequent proceedings to which this	35874
chapter makes reference.	35875

(2) A person who receives injuries as a result of a vehicle,	35876
streetcar, trackless trolley, aquatic device, or aircraft accident	35877
that is proximately caused by a violation described in division	35878
(A)(3) of this section or a motor vehicle accident that is	35879
proximately caused by a violation described in division (A)(4) of	35880
this section and who receives medical treatment as described in	35881
division (A)(3) or (4) of this section, whichever is applicable.	35882

(I) "Victim's representative" means a member of the victim's	35883
family or another person who pursuant to the authority of section	35884
2930.02 of the Revised Code exercises the rights of a victim under	35885
this chapter.	35886

(J) "Court" means a court of common pleas, juvenile court,	35887
municipal court, or county court.	35888

(K) "Delinquency proceeding" means all proceedings in a	35889
juvenile court that are related to a case in which a complaint has	35890
been filed alleging that a child is a delinquent child.	35891

(L) "Case" means a delinquency proceeding and all related	35892
activity or a criminal prosecution and all related activity.	35893

(M) The "defense" means the defense against criminal charges	35894
in a criminal prosecution or the defense against a delinquent	35895
child complaint in a delinquency proceeding.	35896

(N) The "prosecution" means the prosecution of criminal	35897
charges in a criminal prosecution or the prosecution of a	35898
delinquent child complaint in a delinquency proceeding.	35899

(O) "Specified delinquent act" means any of the following:

35900

(1) An act committed by a child that if committed by an adult	35901
would be a felony;	35902

(2) An act committed by a child that is a violation of a	35903
section listed in division (A)(1) or (2) of this section or is a	35904
violation of a substantially equivalent municipal ordinance;	35905

(3) An act committed by a child that is described in division	35906
(A)(3) or (4) of this section.	35907

(P)(1) "Alleged juvenile offender" means a child who is	35908
alleged to have committed a specified delinquent act in a police	35909
report or in a complaint in juvenile court that charges the	35910
commission of a specified delinquent act and that provides the	35911
basis for the delinquency proceeding and all subsequent	35912
proceedings to which this chapter makes reference.	35913

(2) As used in divisions (O) and (P)(1) of this section,	35914
"child" has the same meaning as in section 2151.011 of the Revised	35915
Code.	35916

(Q) "Motor vehicle accident" means any accident involving a	35917
motor vehicle.	35918

(R) "Motor vehicle" has the same meaning as in section	35919
4509.01 of the Revised Code.	35920

(S) "Aircraft" has the same meaning as in section 4561.01 of	35921
the Revised Code.	35922

(T) "Aquatic device" means any vessel, or any water skis,	35923
aquaplane, or similar device.	35924

(U) "Vehicle," "streetcar," and "trackless trolley" have the	35925
same meanings as in section 4511.01 of the Revised Code.	35926

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	35927
or aircraft accident" means any accident involving a vehicle,	35928
streetcar, trackless trolley, aquatic device, or aircraft.	35929

(W) "Vessel" has the same meaning as in section 1547.01 of	35930
the Revised Code.	35931

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	35932
deputy marshal, municipal police officer, township constable,	35933
police officer of a township or joint police district, member of a	35934
police force employed by a metropolitan housing authority under	35935
division (D) of section 3735.31 of the Revised Code, member of a	35936
police force employed by a regional transit authority under	35937
division (Y) of section 306.35 of the Revised Code, state	35938
university law enforcement officer appointed under section 3345.04	35939
of the Revised Code, veterans' home police officer appointed under	35940
section 5907.02 of the Revised Code, special police officer	35941
employed by a port authority under section 4582.04 or 4582.28 of	35942
the Revised Code, or a special police officer employed by a	35943
municipal corporation at a municipal airport, or other municipal	35944
air navigation facility, that has scheduled operations, as defined	35945
in section 119.3 of Title 14 of the Code of Federal Regulations,	35946
14 C.F.R. 119.3, as amended, and that is required to be under a	35947
security program and is governed by aviation security rules of the	35948
transportation security administration of the United States	35949
department of transportation as provided in Parts 1542. and 1544.	35950
of Title 49 of the Code of Federal Regulations, as amended, shall	35951
arrest and detain, until a warrant can be obtained, a person found	35952
violating, within the limits of the political subdivision,	35953
metropolitan housing authority housing project, regional transit	35954
authority facilities or areas of a municipal corporation that have	35955
been agreed to by a regional transit authority and a municipal	35956
corporation located within its territorial jurisdiction, college,	35957
university, veterans' home operated under Chapter 5907. of the	35958
Revised Code, port authority, or municipal airport or other	35959
municipal air navigation facility, in which the peace officer is	35960
appointed, employed, or elected, a law of this state, an ordinance	35961
of a municipal corporation, or a resolution of a township.	35962

(2) A peace officer of the department of natural resources, a	35963
state fire marshal law enforcement officer described in division	35964
(A)(23) of section 109.71 of the Revised Code, or an individual	35965
designated to perform law enforcement duties under section	35966
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	35967
detain, until a warrant can be obtained, a person found violating,	35968
within the limits of the peace officer's, state fire marshal law	35969
enforcement officer's, or individual's territorial jurisdiction, a	35970
law of this state.	35971

(3) The house sergeant at arms, if the house sergeant at arms	35972
has arrest authority pursuant to division (E)(1) of section	35973
101.311 of the Revised Code, and an assistant house sergeant at	35974
arms shall arrest and detain, until a warrant can be obtained, a	35975
person found violating, within the limits of the sergeant at	35976
arms's or assistant sergeant at arms's territorial jurisdiction	35977
specified in division (D)(1)(a) of section 101.311 of the Revised	35978
Code or while providing security pursuant to division (D)(1)(f) of	35979
section 101.311 of the Revised Code, a law of this state, an	35980
ordinance of a municipal corporation, or a resolution of a	35981
township.	35982

(4) The senate sergeant at arms and an assistant senate	35983
sergeant at arms shall arrest and detain, until a warrant can be	35984
obtained, a person found violating, within the limits of the	35985
sergeant at arms's or assistant sergeant at arms's territorial	35986
jurisdiction specified in division (B) of section 101.312 of the	35987
Revised Code, a law of this state, an ordinance of a municipal	35988
corporation, or a resolution of a township.	35989

(B)(1) When there is reasonable ground to believe that an	35990
offense of violence, the offense of criminal child enticement as	35991
defined in section 2905.05 of the Revised Code, the offense of	35992
public indecency as defined in section 2907.09 of the Revised	35993
Code, the offense of domestic violence as defined in section	35994
2919.25 of the Revised Code, the offense of violating a protection	35995
order as defined in section 2919.27 of the Revised Code, the	35996
offense of menacing by stalking as defined in section 2903.211 of	35997
the Revised Code, the offense of aggravated trespass as defined in	35998
section 2911.211 of the Revised Code, a theft offense as defined	35999
in section 2913.01 of the Revised Code, or a felony drug abuse	36000
offense as defined in section 2925.01 of the Revised Code, has	36001
been committed within the limits of the political subdivision,	36002
metropolitan housing authority housing project, regional transit	36003
authority facilities or those areas of a municipal corporation	36004
that have been agreed to by a regional transit authority and a	36005
municipal corporation located within its territorial jurisdiction,	36006
college, university, veterans' home operated under Chapter 5907.	36007
of the Revised Code, port authority, or municipal airport or other	36008
municipal air navigation facility, in which the peace officer is	36009
appointed, employed, or elected or within the limits of the	36010
territorial jurisdiction of the peace officer, a peace officer	36011
described in division (A) of this section may arrest and detain	36012
until a warrant can be obtained any person who the peace officer	36013
has reasonable cause to believe is guilty of the violation.	36014

(2) For purposes of division (B)(1) of this section, the	36015
execution of any of the following constitutes reasonable ground to	36016
believe that the offense alleged in the statement was committed	36017
and reasonable cause to believe that the person alleged in the	36018
statement to have committed the offense is guilty of the	36019
violation:	36020

(a) A written statement by a person alleging that an alleged	36021
offender has committed the offense of menacing by stalking or	36022
aggravated trespass;	36023

(b) A written statement by the administrator of the	36024
interstate compact on mental health appointed under section	36025
~~5119.51~~5119.71 of the Revised Code alleging that a person who had	36026
been hospitalized, institutionalized, or confined in any facility	36027
under an order made pursuant to or under authority of section	36028
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	36029
2945.402 of the Revised Code has escaped from the facility, from	36030
confinement in a vehicle for transportation to or from the	36031
facility, or from supervision by an employee of the facility that	36032
is incidental to hospitalization, institutionalization, or	36033
confinement in the facility and that occurs outside of the	36034
facility, in violation of section 2921.34 of the Revised Code;	36035

(c) A written statement by the administrator of any facility	36036
in which a person has been hospitalized, institutionalized, or	36037
confined under an order made pursuant to or under authority of	36038
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	36039
2945.402 of the Revised Code alleging that the person has escaped	36040
from the facility, from confinement in a vehicle for	36041
transportation to or from the facility, or from supervision by an	36042
employee of the facility that is incidental to hospitalization,	36043
institutionalization, or confinement in the facility and that	36044
occurs outside of the facility, in violation of section 2921.34 of	36045
the Revised Code.	36046

(3)(a) For purposes of division (B)(1) of this section, a	36047
peace officer described in division (A) of this section has	36048
reasonable grounds to believe that the offense of domestic	36049
violence or the offense of violating a protection order has been	36050
committed and reasonable cause to believe that a particular person	36051
is guilty of committing the offense if any of the following	36052
occurs:	36053

(i) A person executes a written statement alleging that the	36054
person in question has committed the offense of domestic violence	36055
or the offense of violating a protection order against the person	36056
who executes the statement or against a child of the person who	36057
executes the statement.	36058

(ii) No written statement of the type described in division	36059
(B)(3)(a)(i) of this section is executed, but the peace officer,	36060
based upon the peace officer's own knowledge and observation of	36061
the facts and circumstances of the alleged incident of the offense	36062
of domestic violence or the alleged incident of the offense of	36063
violating a protection order or based upon any other information,	36064
including, but not limited to, any reasonably trustworthy	36065
information given to the peace officer by the alleged victim of	36066
the alleged incident of the offense or any witness of the alleged	36067
incident of the offense, concludes that there are reasonable	36068
grounds to believe that the offense of domestic violence or the	36069
offense of violating a protection order has been committed and	36070
reasonable cause to believe that the person in question is guilty	36071
of committing the offense.	36072

(iii) No written statement of the type described in division	36073
(B)(3)(a)(i) of this section is executed, but the peace officer	36074
witnessed the person in question commit the offense of domestic	36075
violence or the offense of violating a protection order.	36076

(b) If pursuant to division (B)(3)(a) of this section a peace	36077
officer has reasonable grounds to believe that the offense of	36078
domestic violence or the offense of violating a protection order	36079
has been committed and reasonable cause to believe that a	36080
particular person is guilty of committing the offense, it is the	36081
preferred course of action in this state that the officer arrest	36082
and detain that person pursuant to division (B)(1) of this section	36083
until a warrant can be obtained.	36084

If pursuant to division (B)(3)(a) of this section a peace	36085
officer has reasonable grounds to believe that the offense of	36086
domestic violence or the offense of violating a protection order	36087
has been committed and reasonable cause to believe that family or	36088
household members have committed the offense against each other,	36089
it is the preferred course of action in this state that the	36090
officer, pursuant to division (B)(1) of this section, arrest and	36091
detain until a warrant can be obtained the family or household	36092
member who committed the offense and whom the officer has	36093
reasonable cause to believe is the primary physical aggressor.	36094
There is no preferred course of action in this state regarding any	36095
other family or household member who committed the offense and	36096
whom the officer does not have reasonable cause to believe is the	36097
primary physical aggressor, but, pursuant to division (B)(1) of	36098
this section, the peace officer may arrest and detain until a	36099
warrant can be obtained any other family or household member who	36100
committed the offense and whom the officer does not have	36101
reasonable cause to believe is the primary physical aggressor.	36102

(c) If a peace officer described in division (A) of this	36103
section does not arrest and detain a person whom the officer has	36104
reasonable cause to believe committed the offense of domestic	36105
violence or the offense of violating a protection order when it is	36106
the preferred course of action in this state pursuant to division	36107
(B)(3)(b) of this section that the officer arrest that person, the	36108
officer shall articulate in the written report of the incident	36109
required by section 2935.032 of the Revised Code a clear statement	36110
of the officer's reasons for not arresting and detaining that	36111
person until a warrant can be obtained.	36112

(d) In determining for purposes of division (B)(3)(b) of this	36113
section which family or household member is the primary physical	36114
aggressor in a situation in which family or household members have	36115
committed the offense of domestic violence or the offense of	36116
violating a protection order against each other, a peace officer	36117
described in division (A) of this section, in addition to any	36118
other relevant circumstances, should consider all of the	36119
following:	36120

(i) Any history of domestic violence or of any other violent	36121
acts by either person involved in the alleged offense that the	36122
officer reasonably can ascertain;	36123

(ii) If violence is alleged, whether the alleged violence was	36124
caused by a person acting in self-defense;	36125

(iii) Each person's fear of physical harm, if any, resulting	36126
from the other person's threatened use of force against any person	36127
or resulting from the other person's use or history of the use of	36128
force against any person, and the reasonableness of that fear;	36129

(iv) The comparative severity of any injuries suffered by the	36130
persons involved in the alleged offense.	36131

(e)(i) A peace officer described in division (A) of this	36132
section shall not require, as a prerequisite to arresting or	36133
charging a person who has committed the offense of domestic	36134
violence or the offense of violating a protection order, that the	36135
victim of the offense specifically consent to the filing of	36136
charges against the person who has committed the offense or sign a	36137
complaint against the person who has committed the offense.	36138

(ii) If a person is arrested for or charged with committing	36139
the offense of domestic violence or the offense of violating a	36140
protection order and if the victim of the offense does not	36141
cooperate with the involved law enforcement or prosecuting	36142
authorities in the prosecution of the offense or, subsequent to	36143
the arrest or the filing of the charges, informs the involved law	36144
enforcement or prosecuting authorities that the victim does not	36145
wish the prosecution of the offense to continue or wishes to drop	36146
charges against the alleged offender relative to the offense, the	36147
involved prosecuting authorities, in determining whether to	36148
continue with the prosecution of the offense or whether to dismiss	36149
charges against the alleged offender relative to the offense and	36150
notwithstanding the victim's failure to cooperate or the victim's	36151
wishes, shall consider all facts and circumstances that are	36152
relevant to the offense, including, but not limited to, the	36153
statements and observations of the peace officers who responded to	36154
the incident that resulted in the arrest or filing of the charges	36155
and of all witnesses to that incident.	36156

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	36157
this section whether to arrest a person pursuant to division	36158
(B)(1) of this section, a peace officer described in division (A)	36159
of this section shall not consider as a factor any possible	36160
shortage of cell space at the detention facility to which the	36161
person will be taken subsequent to the person's arrest or any	36162
possibility that the person's arrest might cause, contribute to,	36163
or exacerbate overcrowding at that detention facility or at any	36164
other detention facility.	36165

(g) If a peace officer described in division (A) of this	36166
section intends pursuant to divisions (B)(3)(a) to (g) of this	36167
section to arrest a person pursuant to division (B)(1) of this	36168
section and if the officer is unable to do so because the person	36169
is not present, the officer promptly shall seek a warrant for the	36170
arrest of the person.	36171

(h) If a peace officer described in division (A) of this	36172
section responds to a report of an alleged incident of the offense	36173
of domestic violence or an alleged incident of the offense of	36174
violating a protection order and if the circumstances of the	36175
incident involved the use or threatened use of a deadly weapon or	36176
any person involved in the incident brandished a deadly weapon	36177
during or in relation to the incident, the deadly weapon that was	36178
used, threatened to be used, or brandished constitutes contraband,	36179
and, to the extent possible, the officer shall seize the deadly	36180
weapon as contraband pursuant to Chapter 2981. of the Revised	36181
Code. Upon the seizure of a deadly weapon pursuant to division	36182
(B)(3)(h) of this section, section 2981.12 of the Revised Code	36183
shall apply regarding the treatment and disposition of the deadly	36184
weapon. For purposes of that section, the "underlying criminal	36185
offense" that was the basis of the seizure of a deadly weapon	36186
under division (B)(3)(h) of this section and to which the deadly	36187
weapon had a relationship is any of the following that is	36188
applicable:	36189

(i) The alleged incident of the offense of domestic violence	36190
or the alleged incident of the offense of violating a protection	36191
order to which the officer who seized the deadly weapon responded;	36192

(ii) Any offense that arose out of the same facts and	36193
circumstances as the report of the alleged incident of the offense	36194
of domestic violence or the alleged incident of the offense of	36195
violating a protection order to which the officer who seized the	36196
deadly weapon responded.	36197

(4) If, in the circumstances described in divisions (B)(3)(a)	36198
to (g) of this section, a peace officer described in division (A)	36199
of this section arrests and detains a person pursuant to division	36200
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	36201
this section, a peace officer described in division (A) of this	36202
section seizes a deadly weapon, the officer, to the extent	36203
described in and in accordance with section 9.86 or 2744.03 of the	36204
Revised Code, is immune in any civil action for damages for	36205
injury, death, or loss to person or property that arises from or	36206
is related to the arrest and detention or the seizure.	36207

(C) When there is reasonable ground to believe that a	36208
violation of division (A)(1), (2), (3), (4), or (5) of section	36209
4506.15 or a violation of section 4511.19 of the Revised Code has	36210
been committed by a person operating a motor vehicle subject to	36211
regulation by the public utilities commission of Ohio under Title	36212
XLIX of the Revised Code, a peace officer with authority to	36213
enforce that provision of law may stop or detain the person whom	36214
the officer has reasonable cause to believe was operating the	36215
motor vehicle in violation of the division or section and, after	36216
investigating the circumstances surrounding the operation of the	36217
vehicle, may arrest and detain the person.	36218

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	36219
municipal police officer, member of a police force employed by a	36220
metropolitan housing authority under division (D) of section	36221
3735.31 of the Revised Code, member of a police force employed by	36222
a regional transit authority under division (Y) of section 306.35	36223
of the Revised Code, special police officer employed by a port	36224
authority under section 4582.04 or 4582.28 of the Revised Code,	36225
special police officer employed by a municipal corporation at a	36226
municipal airport or other municipal air navigation facility	36227
described in division (A) of this section, township constable,	36228
police officer of a township or joint police district, state	36229
university law enforcement officer appointed under section 3345.04	36230
of the Revised Code, peace officer of the department of natural	36231
resources, individual designated to perform law enforcement duties	36232
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	36233
the house sergeant at arms if the house sergeant at arms has	36234
arrest authority pursuant to division (E)(1) of section 101.311 of	36235
the Revised Code, or an assistant house sergeant at arms is	36236
authorized by division (A) or (B) of this section to arrest and	36237
detain, within the limits of the political subdivision,	36238
metropolitan housing authority housing project, regional transit	36239
authority facilities or those areas of a municipal corporation	36240
that have been agreed to by a regional transit authority and a	36241
municipal corporation located within its territorial jurisdiction,	36242
port authority, municipal airport or other municipal air	36243
navigation facility, college, or university in which the officer	36244
is appointed, employed, or elected or within the limits of the	36245
territorial jurisdiction of the peace officer, a person until a	36246
warrant can be obtained, the peace officer, outside the limits of	36247
that territory, may pursue, arrest, and detain that person until a	36248
warrant can be obtained if all of the following apply:	36249

(1) The pursuit takes place without unreasonable delay after	36250
the offense is committed;	36251

(2) The pursuit is initiated within the limits of the	36252
political subdivision, metropolitan housing authority housing	36253
project, regional transit authority facilities or those areas of a	36254
municipal corporation that have been agreed to by a regional	36255
transit authority and a municipal corporation located within its	36256
territorial jurisdiction, port authority, municipal airport or	36257
other municipal air navigation facility, college, or university in	36258
which the peace officer is appointed, employed, or elected or	36259
within the limits of the territorial jurisdiction of the peace	36260
officer;	36261

(3) The offense involved is a felony, a misdemeanor of the	36262
first degree or a substantially equivalent municipal ordinance, a	36263
misdemeanor of the second degree or a substantially equivalent	36264
municipal ordinance, or any offense for which points are	36265
chargeable pursuant to section 4510.036 of the Revised Code.	36266

(E) In addition to the authority granted under division (A)	36267
or (B) of this section:	36268

(1) A sheriff or deputy sheriff may arrest and detain, until	36269
a warrant can be obtained, any person found violating section	36270
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	36271
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	36272
portion of any street or highway that is located immediately	36273
adjacent to the boundaries of the county in which the sheriff or	36274
deputy sheriff is elected or appointed.	36275

(2) A member of the police force of a township police	36276
district created under section 505.48 of the Revised Code, a	36277
member of the police force of a joint police district created	36278
under section 505.482 of the Revised Code, or a township constable	36279
appointed in accordance with section 509.01 of the Revised Code,	36280
who has received a certificate from the Ohio peace officer	36281
training commission under section 109.75 of the Revised Code, may	36282
arrest and detain, until a warrant can be obtained, any person	36283
found violating any section or chapter of the Revised Code listed	36284
in division (E)(1) of this section, other than sections 4513.33	36285
and 4513.34 of the Revised Code, on the portion of any street or	36286
highway that is located immediately adjacent to the boundaries of	36287
the township police district or joint police district, in the case	36288
of a member of a township police district or joint police district	36289
police force, or the unincorporated territory of the township, in	36290
the case of a township constable. However, if the population of	36291
the township that created the township police district served by	36292
the member's police force, or the townships and municipal	36293
corporations that created the joint police district served by the	36294
member's police force, or the township that is served by the	36295
township constable, is sixty thousand or less, the member of the	36296
township police district or joint police district police force or	36297
the township constable may not make an arrest under division	36298
(E)(2) of this section on a state highway that is included as part	36299
of the interstate system.	36300

(3) A police officer or village marshal appointed, elected,	36301
or employed by a municipal corporation may arrest and detain,	36302
until a warrant can be obtained, any person found violating any	36303
section or chapter of the Revised Code listed in division (E)(1)	36304
of this section on the portion of any street or highway that is	36305
located immediately adjacent to the boundaries of the municipal	36306
corporation in which the police officer or village marshal is	36307
appointed, elected, or employed.	36308

(4) A peace officer of the department of natural resources, a	36309
state fire marshal law enforcement officer described in division	36310
(A)(23) of section 109.71 of the Revised Code, or an individual	36311
designated to perform law enforcement duties under section	36312
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	36313
detain, until a warrant can be obtained, any person found	36314
violating any section or chapter of the Revised Code listed in	36315
division (E)(1) of this section, other than sections 4513.33 and	36316
4513.34 of the Revised Code, on the portion of any street or	36317
highway that is located immediately adjacent to the boundaries of	36318
the lands and waters that constitute the territorial jurisdiction	36319
of the peace officer or state fire marshal law enforcement	36320
officer.	36321

(F)(1) A department of ~~mental health~~mental health and	36322
addiction services special police officer or a department of	36323
developmental disabilities special police officer may arrest	36324
without a warrant and detain until a warrant can be obtained any	36325
person found committing on the premises of any institution under	36326
the jurisdiction of the particular department a misdemeanor under	36327
a law of the state.	36328

A department of ~~mental health~~mental health and addiction	36329
services special police officer or a department of developmental	36330
disabilities special police officer may arrest without a warrant	36331
and detain until a warrant can be obtained any person who has been	36332
hospitalized, institutionalized, or confined in an institution	36333
under the jurisdiction of the particular department pursuant to or	36334
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	36335
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	36336
found committing on the premises of any institution under the	36337
jurisdiction of the particular department a violation of section	36338
2921.34 of the Revised Code that involves an escape from the	36339
premises of the institution.	36340

(2)(a) If a department of ~~mental health~~mental health and	36341
addiction services special police officer or a department of	36342
developmental disabilities special police officer finds any person	36343
who has been hospitalized, institutionalized, or confined in an	36344
institution under the jurisdiction of the particular department	36345
pursuant to or under authority of section 2945.37, 2945.371,	36346
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	36347
Code committing a violation of section 2921.34 of the Revised Code	36348
that involves an escape from the premises of the institution, or	36349
if there is reasonable ground to believe that a violation of	36350
section 2921.34 of the Revised Code has been committed that	36351
involves an escape from the premises of an institution under the	36352
jurisdiction of the department of ~~mental health~~mental health and	36353
addiction services or the department of developmental disabilities	36354
and if a department of ~~mental health~~mental health and addiction	36355
services special police officer or a department of developmental	36356
disabilities special police officer has reasonable cause to	36357
believe that a particular person who has been hospitalized,	36358
institutionalized, or confined in the institution pursuant to or	36359
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	36360
2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of	36361
the violation, the special police officer, outside of the premises	36362
of the institution, may pursue, arrest, and detain that person for	36363
that violation of section 2921.34 of the Revised Code, until a	36364
warrant can be obtained, if both of the following apply:	36365

(i) The pursuit takes place without unreasonable delay after	36366
the offense is committed;	36367

(ii) The pursuit is initiated within the premises of the	36368
institution from which the violation of section 2921.34 of the	36369
Revised Code occurred.	36370

(b) For purposes of division (F)(2)(a) of this section, the	36371
execution of a written statement by the administrator of the	36372
institution in which a person had been hospitalized,	36373
institutionalized, or confined pursuant to or under authority of	36374
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	36375
2945.402 of the Revised Code alleging that the person has escaped	36376
from the premises of the institution in violation of section	36377
2921.34 of the Revised Code constitutes reasonable ground to	36378
believe that the violation was committed and reasonable cause to	36379
believe that the person alleged in the statement to have committed	36380
the offense is guilty of the violation.	36381

(G) As used in this section:

36382

(1) A "department of ~~mental health~~mental health and	36383
addiction services special police officer" means a special police	36384
officer of the department of ~~mental health~~mental health and	36385
addiction services designated under section ~~5119.14~~5119.08 of the	36386
Revised Code who is certified by the Ohio peace officer training	36387
commission under section 109.77 of the Revised Code as having	36388
successfully completed an approved peace officer basic training	36389
program.	36390

(2) A "department of developmental disabilities special	36391
police officer" means a special police officer of the department	36392
of developmental disabilities designated under section 5123.13 of	36393
the Revised Code who is certified by the Ohio peace officer	36394
training council under section 109.77 of the Revised Code as	36395
having successfully completed an approved peace officer basic	36396
training program.	36397

(3) "Deadly weapon" has the same meaning as in section	36398
2923.11 of the Revised Code.	36399

(4) "Family or household member" has the same meaning as in	36400
section 2919.25 of the Revised Code.	36401

(5) "Street" or "highway" has the same meaning as in section	36402
4511.01 of the Revised Code.	36403

(6) "Interstate system" has the same meaning as in section	36404
5516.01 of the Revised Code.	36405

(7) "Peace officer of the department of natural resources"	36406
means an employee of the department of natural resources who is a	36407
natural resources law enforcement staff officer designated	36408
pursuant to section 1501.013 of the Revised Code, a forest officer	36409
designated pursuant to section 1503.29 of the Revised Code, a	36410
preserve officer designated pursuant to section 1517.10 of the	36411
Revised Code, a wildlife officer designated pursuant to section	36412
1531.13 of the Revised Code, a park officer designated pursuant to	36413
section 1541.10 of the Revised Code, or a state watercraft officer	36414
designated pursuant to section 1547.521 of the Revised Code.	36415

(8) "Portion of any street or highway" means all lanes of the	36416
street or highway irrespective of direction of travel, including	36417
designated turn lanes, and any berm, median, or shoulder.	36418

Sec. 2935.33. (A) If a person charged with a misdemeanor is	36419
taken before a judge of a court of record and if it appears to the	36420
judge that the person is an alcoholic or is suffering from acute	36421
alcohol intoxication and that the person would benefit from	36422
services provided by ~~an alcohol and drug~~a community addiction	36423
~~program~~services provider certified under Chapter ~~3793.~~5119. of	36424
the Revised Code, the judge may place the person temporarily in a	36425
~~program~~services provider certified under that chapter in the area	36426
in which the court has jurisdiction for inpatient care and	36427
treatment for an indefinite period not exceeding five days. The	36428
commitment does not limit the right to release on bail. The judge	36429
may dismiss a charge of a violation of division (B) of section	36430
2917.11 of the Revised Code or of a municipal ordinance	36431
substantially equivalent to that division if the defendant	36432
complies with all the conditions of treatment ordered by the	36433
court.	36434

The court may order that any fines or court costs collected	36435
by the court from defendants who have received inpatient care from	36436
~~an alcohol and drug~~a community addiction ~~program~~services	36437
provider be paid, for the benefit of the program, to the board of	36438
alcohol, drug addiction, and mental health services of the	36439
alcohol, drug addiction, and mental health service district in	36440
which the ~~program~~services provider is located or to the director	36441
of ~~alcohol and drug addiction services~~mental health and addiction	36442
services.	36443

(B) If a person is being sentenced for a violation of	36444
division (B) of section 2917.11 or section 4511.19 of the Revised	36445
Code, a misdemeanor violation of section 2919.25 of the Revised	36446
Code, a misdemeanor violation of section 2919.27 of the Revised	36447
Code involving a protection order issued or consent agreement	36448
approved pursuant to section 2919.26 or 3113.31 of the Revised	36449
Code, or a violation of a municipal ordinance substantially	36450
equivalent to that division or any of those sections and if it	36451
appears to the judge at the time of sentencing that the person is	36452
an alcoholic or is suffering from acute alcohol intoxication and	36453
that, in lieu of imprisonment, the person would benefit from	36454
services provided by ~~an alcohol and drug~~a community addiction	36455
~~program~~services provider certified under Chapter ~~3793.~~5119. of	36456
the Revised Code, the court may commit the person to close	36457
supervision in any facility in the area in which the court has	36458
jurisdiction that is, or is operated by, such a ~~program~~services	36459
provider. Such close supervision may include outpatient services	36460
and part-time release, except that a person convicted of a	36461
violation of division (A) of section 4511.19 of the Revised Code	36462
shall be confined to the facility for at least three days and	36463
except that a person convicted of a misdemeanor violation of	36464
section 2919.25 of the Revised Code, a misdemeanor violation of	36465
section 2919.27 of the Revised Code involving a protection order	36466
issued or consent agreement approved pursuant to section 2919.26	36467
or 3113.31 of the Revised Code, or a violation of a substantially	36468
equivalent municipal ordinance shall be confined to the facility	36469
in accordance with the order of commitment. A commitment of a	36470
person to a facility for purposes of close supervision shall not	36471
exceed the maximum term for which the person could be imprisoned.	36472

(C) A law enforcement officer who finds a person subject to	36473
prosecution for violation of division (B) of section 2917.11 of	36474
the Revised Code or a municipal ordinance substantially equivalent	36475
to that division and who has reasonable cause to believe that the	36476
person is an alcoholic or is suffering from acute alcohol	36477
intoxication and would benefit from immediate treatment	36478
immediately may place the person in ~~an alcohol and drug~~a	36479
community addiction ~~program~~services provider certified under	36480
Chapter ~~3793.~~5119. of the Revised Code in the area in which the	36481
person is found, for emergency treatment, in lieu of other arrest	36482
procedures, for a maximum period of forty-eight hours. During that	36483
time, if the person desires to leave such custody, the person	36484
shall be released forthwith.	36485

(D) As used in this section:

36486

(1) "Alcoholic" has the same meaning as in section ~~3793.01~~	36487
5119.01 of the Revised Code;	36488

(2) "Acute alcohol intoxication" means a heavy consumption of	36489
alcohol over a relatively short period of time, resulting in	36490
dysfunction of the brain centers controlling behavior, speech, and	36491
memory and causing characteristic withdrawal symptoms.	36492

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	36493
the Revised Code:	36494

(1) "Prosecutor" means a prosecuting attorney or a city	36495
director of law, village solicitor, or similar chief legal officer	36496
of a municipal corporation who has authority to prosecute a	36497
criminal case that is before the court or the criminal case in	36498
which a defendant in a criminal case has been found incompetent to	36499
stand trial or not guilty by reason of insanity.	36500

(2) "Examiner" means either of the following:

36501

(a) A psychiatrist or a licensed clinical psychologist who	36502
satisfies the criteria of division (I)(1) of section 5122.01 of	36503
the Revised Code or is employed by a certified forensic center	36504
designated by the department of ~~mental health~~mental health and	36505
addiction services to conduct examinations or evaluations.	36506

(b) For purposes of a separate mental retardation evaluation	36507
that is ordered by a court pursuant to division (H) of section	36508
2945.371 of the Revised Code, a psychologist designated by the	36509
director of developmental disabilities pursuant to that section to	36510
conduct that separate mental retardation evaluation.	36511

(3) "Nonsecured status" means any unsupervised, off-grounds	36512
movement or trial visit from a hospital or institution, or any	36513
conditional release, that is granted to a person who is found	36514
incompetent to stand trial and is committed pursuant to section	36515
2945.39 of the Revised Code or to a person who is found not guilty	36516
by reason of insanity and is committed pursuant to section 2945.40	36517
of the Revised Code.	36518

(4) "Unsupervised, off-grounds movement" includes only	36519
off-grounds privileges that are unsupervised and that have an	36520
expectation of return to the hospital or institution on a daily	36521
basis.	36522

(5) "Trial visit" means a patient privilege of a longer	36523
stated duration of unsupervised community contact with an	36524
expectation of return to the hospital or institution at designated	36525
times.	36526

(6) "Conditional release" means a commitment status under	36527
which the trial court at any time may revoke a person's	36528
conditional release and order the rehospitalization or	36529
reinstitutionalization of the person as described in division (A)	36530
of section 2945.402 of the Revised Code and pursuant to which a	36531
person who is found incompetent to stand trial or a person who is	36532
found not guilty by reason of insanity lives and receives	36533
treatment in the community for a period of time that does not	36534
exceed the maximum prison term or term of imprisonment that the	36535
person could have received for the offense in question had the	36536
person been convicted of the offense instead of being found	36537
incompetent to stand trial on the charge of the offense or being	36538
found not guilty by reason of insanity relative to the offense.	36539

(7) "Licensed clinical psychologist," "mentally ill person	36540
subject to hospitalization by court order," and "psychiatrist"	36541
have the same meanings as in section 5122.01 of the Revised Code.	36542

(8) "Mentally retarded person subject to institutionalization	36543
by court order" has the same meaning as in section 5123.01 of the	36544
Revised Code.	36545

(B) In a criminal action in a court of common pleas, a county	36546
court, or a municipal court, the court, prosecutor, or defense may	36547
raise the issue of the defendant's competence to stand trial. If	36548
the issue is raised before the trial has commenced, the court	36549
shall hold a hearing on the issue as provided in this section. If	36550
the issue is raised after the trial has commenced, the court shall	36551
hold a hearing on the issue only for good cause shown or on the	36552
court's own motion.	36553

(C) The court shall conduct the hearing required or	36554
authorized under division (B) of this section within thirty days	36555
after the issue is raised, unless the defendant has been referred	36556
for evaluation in which case the court shall conduct the hearing	36557
within ten days after the filing of the report of the evaluation	36558
or, in the case of a defendant who is ordered by the court	36559
pursuant to division (H) of section 2945.371 of the Revised Code	36560
to undergo a separate mental retardation evaluation conducted by a	36561
psychologist designated by the director of developmental	36562
disabilities, within ten days after the filing of the report of	36563
the separate mental retardation evaluation under that division. A	36564
hearing may be continued for good cause.	36565

(D) The defendant shall be represented by counsel at the	36566
hearing conducted under division (C) of this section. If the	36567
defendant is unable to obtain counsel, the court shall appoint	36568
counsel under Chapter 120. of the Revised Code or under the	36569
authority recognized in division (C) of section 120.06, division	36570
(E) of section 120.16, division (E) of section 120.26, or section	36571
2941.51 of the Revised Code before proceeding with the hearing.	36572

(E) The prosecutor and defense counsel may submit evidence on	36573
the issue of the defendant's competence to stand trial. A written	36574
report of the evaluation of the defendant may be admitted into	36575
evidence at the hearing by stipulation, but, if either the	36576
prosecution or defense objects to its admission, the report may be	36577
admitted under sections 2317.36 to 2317.38 of the Revised Code or	36578
any other applicable statute or rule.	36579

(F) The court shall not find a defendant incompetent to stand	36580
trial solely because the defendant is receiving or has received	36581
treatment as a voluntary or involuntary mentally ill patient under	36582
Chapter 5122. or a voluntary or involuntary mentally retarded	36583
resident under Chapter 5123. of the Revised Code or because the	36584
defendant is receiving or has received psychotropic drugs or other	36585
medication, even if the defendant might become incompetent to	36586
stand trial without the drugs or medication.	36587

(G) A defendant is presumed to be competent to stand trial.	36588
If, after a hearing, the court finds by a preponderance of the	36589
evidence that, because of the defendant's present mental	36590
condition, the defendant is incapable of understanding the nature	36591
and objective of the proceedings against the defendant or of	36592
assisting in the defendant's defense, the court shall find the	36593
defendant incompetent to stand trial and shall enter an order	36594
authorized by section 2945.38 of the Revised Code.	36595

(H) Municipal courts shall follow the procedures set forth in	36596
sections 2945.37 to 2945.402 of the Revised Code. Except as	36597
provided in section 2945.371 of the Revised Code, a municipal	36598
court shall not order an evaluation of the defendant's competence	36599
to stand trial or the defendant's mental condition at the time of	36600
the commission of the offense to be conducted at any hospital	36601
operated by the department of ~~mental health~~mental health and	36602
addiction services. Those evaluations shall be performed through	36603
community resources including, but not limited to, certified	36604
forensic centers, court probation departments, and community	36605
mental health ~~agencies~~services providers. All expenses of the	36606
evaluations shall be borne by the legislative authority of the	36607
municipal court, as defined in section 1901.03 of the Revised	36608
Code, and shall be taxed as costs in the case. If a defendant is	36609
found incompetent to stand trial or not guilty by reason of	36610
insanity, a municipal court may commit the defendant as provided	36611
in sections 2945.38 to 2945.402 of the Revised Code.	36612

Sec. 2945.371. (A) If the issue of a defendant's competence	36613
to stand trial is raised or if a defendant enters a plea of not	36614
guilty by reason of insanity, the court may order one or more	36615
evaluations of the defendant's present mental condition or, in the	36616
case of a plea of not guilty by reason of insanity, of the	36617
defendant's mental condition at the time of the offense charged.	36618
An examiner shall conduct the evaluation.	36619

(B) If the court orders more than one evaluation under	36620
division (A) of this section, the prosecutor and the defendant may	36621
recommend to the court an examiner whom each prefers to perform	36622
one of the evaluations. If a defendant enters a plea of not guilty	36623
by reason of insanity and if the court does not designate an	36624
examiner recommended by the defendant, the court shall inform the	36625
defendant that the defendant may have independent expert	36626
evaluation and that, if the defendant is unable to obtain	36627
independent expert evaluation, it will be obtained for the	36628
defendant at public expense if the defendant is indigent.	36629

(C) If the court orders an evaluation under division (A) of	36630
this section, the defendant shall be available at the times and	36631
places established by the examiners who are to conduct the	36632
evaluation. The court may order a defendant who has been released	36633
on bail or recognizance to submit to an evaluation under this	36634
section. If a defendant who has been released on bail or	36635
recognizance refuses to submit to a complete evaluation, the court	36636
may amend the conditions of bail or recognizance and order the	36637
sheriff to take the defendant into custody and deliver the	36638
defendant to a center, program, or facility operated or certified	36639
by the department of ~~mental health~~mental health and addiction	36640
services or the department of developmental disabilities where the	36641
defendant may be held for evaluation for a reasonable period of	36642
time not to exceed twenty days.	36643

(D) A defendant who has not been released on bail or	36644
recognizance may be evaluated at the defendant's place of	36645
detention. Upon the request of the examiner, the court may order	36646
the sheriff to transport the defendant to a program or facility	36647
operated or certified by the department of ~~mental health~~mental	36648
health and addiction services or the department of developmental	36649
disabilities, where the defendant may be held for evaluation for a	36650
reasonable period of time not to exceed twenty days, and to return	36651
the defendant to the place of detention after the evaluation. A	36652
municipal court may make an order under this division only upon	36653
the request of a certified forensic center examiner.	36654

(E) If a court orders the evaluation to determine a	36655
defendant's mental condition at the time of the offense charged,	36656
the court shall inform the examiner of the offense with which the	36657
defendant is charged.	36658

(F) In conducting an evaluation of a defendant's mental	36659
condition at the time of the offense charged, the examiner shall	36660
consider all relevant evidence. If the offense charged involves	36661
the use of force against another person, the relevant evidence to	36662
be considered includes, but is not limited to, any evidence that	36663
the defendant suffered, at the time of the commission of the	36664
offense, from the "battered woman syndrome."	36665

(G) The examiner shall file a written report with the court	36666
within thirty days after entry of a court order for evaluation,	36667
and the court shall provide copies of the report to the prosecutor	36668
and defense counsel. The report shall include all of the	36669
following:	36670

(1) The examiner's findings;

36671

(2) The facts in reasonable detail on which the findings are	36672
based;	36673

(3) If the evaluation was ordered to determine the	36674
defendant's competence to stand trial, all of the following	36675
findings or recommendations that are applicable:	36676

(a) Whether the defendant is capable of understanding the	36677
nature and objective of the proceedings against the defendant or	36678
of assisting in the defendant's defense;	36679

(b) If the examiner's opinion is that the defendant is	36680
incapable of understanding the nature and objective of the	36681
proceedings against the defendant or of assisting in the	36682
defendant's defense, whether the defendant presently is mentally	36683
ill or mentally retarded and, if the examiner's opinion is that	36684
the defendant presently is mentally retarded, whether the	36685
defendant appears to be a mentally retarded person subject to	36686
institutionalization by court order;	36687

(c) If the examiner's opinion is that the defendant is	36688
incapable of understanding the nature and objective of the	36689
proceedings against the defendant or of assisting in the	36690
defendant's defense, the examiner's opinion as to the likelihood	36691
of the defendant becoming capable of understanding the nature and	36692
objective of the proceedings against the defendant and of	36693
assisting in the defendant's defense within one year if the	36694
defendant is provided with a course of treatment;	36695

(d) If the examiner's opinion is that the defendant is	36696
incapable of understanding the nature and objective of the	36697
proceedings against the defendant or of assisting in the	36698
defendant's defense and that the defendant presently is mentally	36699
ill or mentally retarded, the examiner's recommendation as to the	36700
least restrictive placement or commitment alternative, consistent	36701
with the defendant's treatment needs for restoration to competency	36702
and with the safety of the community.	36703

(4) If the evaluation was ordered to determine the	36704
defendant's mental condition at the time of the offense charged,	36705
the examiner's findings as to whether the defendant, at the time	36706
of the offense charged, did not know, as a result of a severe	36707
mental disease or defect, the wrongfulness of the defendant's acts	36708
charged.	36709

(H) If the examiner's report filed under division (G) of this	36710
section indicates that in the examiner's opinion the defendant is	36711
incapable of understanding the nature and objective of the	36712
proceedings against the defendant or of assisting in the	36713
defendant's defense and that in the examiner's opinion the	36714
defendant appears to be a mentally retarded person subject to	36715
institutionalization by court order, the court shall order the	36716
defendant to undergo a separate mental retardation evaluation	36717
conducted by a psychologist designated by the director of	36718
developmental disabilities. Divisions (C) to (F) of this section	36719
apply in relation to a separate mental retardation evaluation	36720
conducted under this division. The psychologist appointed under	36721
this division to conduct the separate mental retardation	36722
evaluation shall file a written report with the court within	36723
thirty days after the entry of the court order requiring the	36724
separate mental retardation evaluation, and the court shall	36725
provide copies of the report to the prosecutor and defense	36726
counsel. The report shall include all of the information described	36727
in divisions (G)(1) to (4) of this section. If the court orders a	36728
separate mental retardation evaluation of a defendant under this	36729
division, the court shall not conduct a hearing under divisions	36730
(B) to (H) of section 2945.37 of the Revised Code regarding that	36731
defendant until a report of the separate mental retardation	36732
evaluation conducted under this division has been filed. Upon the	36733
filing of that report, the court shall conduct the hearing within	36734
the period of time specified in division (C) of section 2945.37 of	36735
the Revised Code.	36736

(I) An examiner appointed under divisions (A) and (B) of this	36737
section or under division (H) of this section to evaluate a	36738
defendant to determine the defendant's competence to stand trial	36739
also may be appointed to evaluate a defendant who has entered a	36740
plea of not guilty by reason of insanity, but an examiner of that	36741
nature shall prepare separate reports on the issue of competence	36742
to stand trial and the defense of not guilty by reason of	36743
insanity.	36744

(J) No statement that a defendant makes in an evaluation or	36745
hearing under divisions (A) to (H) of this section relating to the	36746
defendant's competence to stand trial or to the defendant's mental	36747
condition at the time of the offense charged shall be used against	36748
the defendant on the issue of guilt in any criminal action or	36749
proceeding, but, in a criminal action or proceeding, the	36750
prosecutor or defense counsel may call as a witness any person who	36751
evaluated the defendant or prepared a report pursuant to a	36752
referral under this section. Neither the appointment nor the	36753
testimony of an examiner appointed under this section precludes	36754
the prosecutor or defense counsel from calling other witnesses or	36755
presenting other evidence on competency or insanity issues.	36756

(K) Persons appointed as examiners under divisions (A) and	36757
(B) of this section or under division (H) of this section shall be	36758
paid a reasonable amount for their services and expenses, as	36759
certified by the court. The certified amount shall be paid by the	36760
county in the case of county courts and courts of common pleas and	36761
by the legislative authority, as defined in section 1901.03 of the	36762
Revised Code, in the case of municipal courts.	36763

Sec. 2945.38. (A) If the issue of a defendant's competence	36764
to stand trial is raised and if the court, upon conducting the	36765
hearing provided for in section 2945.37 of the Revised Code, finds	36766
that the defendant is competent to stand trial, the defendant	36767
shall be proceeded against as provided by law. If the court finds	36768
the defendant competent to stand trial and the defendant is	36769
receiving psychotropic drugs or other medication, the court may	36770
authorize the continued administration of the drugs or medication	36771
or other appropriate treatment in order to maintain the	36772
defendant's competence to stand trial, unless the defendant's	36773
attending physician advises the court against continuation of the	36774
drugs, other medication, or treatment.	36775

(B)(1)(a) If, after taking into consideration all relevant	36776
reports, information, and other evidence, the court finds that the	36777
defendant is incompetent to stand trial and that there is a	36778
substantial probability that the defendant will become competent	36779
to stand trial within one year if the defendant is provided with a	36780
course of treatment, the court shall order the defendant to	36781
undergo treatment. If the defendant has been charged with a felony	36782
offense and if, after taking into consideration all relevant	36783
reports, information, and other evidence, the court finds that the	36784
defendant is incompetent to stand trial, but the court is unable	36785
at that time to determine whether there is a substantial	36786
probability that the defendant will become competent to stand	36787
trial within one year if the defendant is provided with a course	36788
of treatment, the court shall order continuing evaluation and	36789
treatment of the defendant for a period not to exceed four months	36790
to determine whether there is a substantial probability that the	36791
defendant will become competent to stand trial within one year if	36792
the defendant is provided with a course of treatment.	36793

(b) The court order for the defendant to undergo treatment or	36794
continuing evaluation and treatment under division (B)(1)(a) of	36795
this section shall specify that the defendant, if determined to	36796
require mental health treatment or continuing evaluation and	36797
treatment, either shall be committed to the department of ~~mental~~	36798
~~health~~mental health and addiction services for treatment or	36799
continuing evaluation and treatment at a hospital, facility, or	36800
agency, as determined to be clinically appropriate by the	36801
department of ~~mental health~~mental health and addiction services	36802
or shall be committed to a facility certified by the department of	36803
~~mental health~~mental health and addiction services as being	36804
qualified to treat mental illness, to a public or community mental	36805
health facility, or to a psychiatrist or another mental health	36806
professional for treatment or continuing evaluation and treatment.	36807
Prior to placing the defendant, the department of ~~mental health~~	36808
mental health and addiction services shall obtain court approval	36809
for that placement following a hearing. The court order for the	36810
defendant to undergo treatment or continuing evaluation and	36811
treatment under division (B)(1)(a) of this section shall specify	36812
that the defendant, if determined to require treatment or	36813
continuing evaluation and treatment for mental retardation, shall	36814
receive treatment or continuing evaluation and treatment at an	36815
institution or facility operated by the department of	36816
developmental disabilities, at a facility certified by the	36817
department of developmental disabilities as being qualified to	36818
treat mental retardation, at a public or private mental	36819
retardation facility, or by a psychiatrist or another mental	36820
retardation professional. In any case, the order may restrict the	36821
defendant's freedom of movement as the court considers necessary.	36822
The prosecutor in the defendant's case shall send to the chief	36823
clinical officer of the hospital, facility, or agency where the	36824
defendant is placed by the department of ~~mental health~~mental	36825
health and addiction services, or to the managing officer of the	36826
institution, the director of the program or facility, or the	36827
person to which the defendant is committed, copies of relevant	36828
police reports and other background information that pertains to	36829
the defendant and is available to the prosecutor unless the	36830
prosecutor determines that the release of any of the information	36831
in the police reports or any of the other background information	36832
to unauthorized persons would interfere with the effective	36833
prosecution of any person or would create a substantial risk of	36834
harm to any person.	36835

In determining the place of commitment, the court shall	36836
consider the extent to which the person is a danger to the person	36837
and to others, the need for security, and the type of crime	36838
involved and shall order the least restrictive alternative	36839
available that is consistent with public safety and treatment	36840
goals. In weighing these factors, the court shall give preference	36841
to protecting public safety.	36842

(c) If the defendant is found incompetent to stand trial, if	36843
the chief clinical officer of the hospital, facility, or agency	36844
where the defendant is placed, or the managing officer of the	36845
institution, the director of the program or facility, or the	36846
person to which the defendant is committed for treatment or	36847
continuing evaluation and treatment under division (B)(1)(b) of	36848
this section determines that medication is necessary to restore	36849
the defendant's competency to stand trial, and if the defendant	36850
lacks the capacity to give informed consent or refuses medication,	36851
the chief clinical officer of the hospital, facility, or agency	36852
where the defendant is placed, or the managing officer of the	36853
institution, the director of the program or facility, or the	36854
person to which the defendant is committed for treatment or	36855
continuing evaluation and treatment may petition the court for	36856
authorization for the involuntary administration of medication.	36857
The court shall hold a hearing on the petition within five days of	36858
the filing of the petition if the petition was filed in a	36859
municipal court or a county court regarding an incompetent	36860
defendant charged with a misdemeanor or within ten days of the	36861
filing of the petition if the petition was filed in a court of	36862
common pleas regarding an incompetent defendant charged with a	36863
felony offense. Following the hearing, the court may authorize the	36864
involuntary administration of medication or may dismiss the	36865
petition.	36866

(2) If the court finds that the defendant is incompetent to	36867
stand trial and that, even if the defendant is provided with a	36868
course of treatment, there is not a substantial probability that	36869
the defendant will become competent to stand trial within one	36870
year, the court shall order the discharge of the defendant, unless	36871
upon motion of the prosecutor or on its own motion, the court	36872
either seeks to retain jurisdiction over the defendant pursuant to	36873
section 2945.39 of the Revised Code or files an affidavit in the	36874
probate court for the civil commitment of the defendant pursuant	36875
to Chapter 5122. or 5123. of the Revised Code alleging that the	36876
defendant is a mentally ill person subject to hospitalization by	36877
court order or a mentally retarded person subject to	36878
institutionalization by court order. If an affidavit is filed in	36879
the probate court, the trial court shall send to the probate court	36880
copies of all written reports of the defendant's mental condition	36881
that were prepared pursuant to section 2945.371 of the Revised	36882
Code.	36883

The trial court may issue the temporary order of detention	36884
that a probate court may issue under section 5122.11 or 5123.71 of	36885
the Revised Code, to remain in effect until the probable cause or	36886
initial hearing in the probate court. Further proceedings in the	36887
probate court are civil proceedings governed by Chapter 5122. or	36888
5123. of the Revised Code.	36889

(C) No defendant shall be required to undergo treatment,	36890
including any continuing evaluation and treatment, under division	36891
(B)(1) of this section for longer than whichever of the following	36892
periods is applicable:	36893

(1) One year, if the most serious offense with which the	36894
defendant is charged is one of the following offenses:	36895

(a) Aggravated murder, murder, or an offense of violence for	36896
which a sentence of death or life imprisonment may be imposed;	36897

(b) An offense of violence that is a felony of the first or	36898
second degree;	36899

(c) A conspiracy to commit, an attempt to commit, or	36900
complicity in the commission of an offense described in division	36901
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	36902
complicity is a felony of the first or second degree.	36903

(2) Six months, if the most serious offense with which the	36904
defendant is charged is a felony other than a felony described in	36905
division (C)(1) of this section;	36906

(3) Sixty days, if the most serious offense with which the	36907
defendant is charged is a misdemeanor of the first or second	36908
degree;	36909

(4) Thirty days, if the most serious offense with which the	36910
defendant is charged is a misdemeanor of the third or fourth	36911
degree, a minor misdemeanor, or an unclassified misdemeanor.	36912

(D) Any defendant who is committed pursuant to this section	36913
shall not voluntarily admit the defendant or be voluntarily	36914
admitted to a hospital or institution pursuant to section 5122.02,	36915
5122.15, 5123.69, or 5123.76 of the Revised Code.	36916

(E) Except as otherwise provided in this division, a	36917
defendant who is charged with an offense and is committed by the	36918
court under this section to the department of ~~mental health~~mental	36919
health and addiction services or is committed to an institution or	36920
facility for the treatment of mental retardation shall not be	36921
granted unsupervised on-grounds movement, supervised off-grounds	36922
movement, or nonsecured status except in accordance with the court	36923
order. The court may grant a defendant supervised off-grounds	36924
movement to obtain medical treatment or specialized habilitation	36925
treatment services if the person who supervises the treatment or	36926
the continuing evaluation and treatment of the defendant ordered	36927
under division (B)(1)(a) of this section informs the court that	36928
the treatment or continuing evaluation and treatment cannot be	36929
provided at the hospital or facility where the defendant is placed	36930
by the department of ~~mental health~~mental health and addiction	36931
services or the institution or facility to which the defendant is	36932
committed. The chief clinical officer of the hospital or facility	36933
where the defendant is placed by the department of ~~mental health~~	36934
mental health and addiction services or the managing officer of	36935
the institution or director of the facility to which the defendant	36936
is committed, or a designee of any of those persons, may grant a	36937
defendant movement to a medical facility for an emergency medical	36938
situation with appropriate supervision to ensure the safety of the	36939
defendant, staff, and community during that emergency medical	36940
situation. The chief clinical officer of the hospital or facility	36941
where the defendant is placed by the department of ~~mental health~~	36942
mental health and addiction services or the managing officer of	36943
the institution or director of the facility to which the defendant	36944
is committed shall notify the court within twenty-four hours of	36945
the defendant's movement to the medical facility for an emergency	36946
medical situation under this division.	36947

(F) The person who supervises the treatment or continuing	36948
evaluation and treatment of a defendant ordered to undergo	36949
treatment or continuing evaluation and treatment under division	36950
(B)(1)(a) of this section shall file a written report with the	36951
court at the following times:	36952

(1) Whenever the person believes the defendant is capable of	36953
understanding the nature and objective of the proceedings against	36954
the defendant and of assisting in the defendant's defense;	36955

(2) For a felony offense, fourteen days before expiration of	36956
the maximum time for treatment as specified in division (C) of	36957
this section and fourteen days before the expiration of the	36958
maximum time for continuing evaluation and treatment as specified	36959
in division (B)(1)(a) of this section, and, for a misdemeanor	36960
offense, ten days before the expiration of the maximum time for	36961
treatment, as specified in division (C) of this section;	36962

(3) At a minimum, after each six months of treatment;

36963

(4) Whenever the person who supervises the treatment or	36964
continuing evaluation and treatment of a defendant ordered under	36965
division (B)(1)(a) of this section believes that there is not a	36966
substantial probability that the defendant will become capable of	36967
understanding the nature and objective of the proceedings against	36968
the defendant or of assisting in the defendant's defense even if	36969
the defendant is provided with a course of treatment.	36970

(G) A report under division (F) of this section shall contain	36971
the examiner's findings, the facts in reasonable detail on which	36972
the findings are based, and the examiner's opinion as to the	36973
defendant's capability of understanding the nature and objective	36974
of the proceedings against the defendant and of assisting in the	36975
defendant's defense. If, in the examiner's opinion, the defendant	36976
remains incapable of understanding the nature and objective of the	36977
proceedings against the defendant and of assisting in the	36978
defendant's defense and there is a substantial probability that	36979
the defendant will become capable of understanding the nature and	36980
objective of the proceedings against the defendant and of	36981
assisting in the defendant's defense if the defendant is provided	36982
with a course of treatment, if in the examiner's opinion the	36983
defendant remains mentally ill or mentally retarded, and if the	36984
maximum time for treatment as specified in division (C) of this	36985
section has not expired, the report also shall contain the	36986
examiner's recommendation as to the least restrictive placement or	36987
commitment alternative that is consistent with the defendant's	36988
treatment needs for restoration to competency and with the safety	36989
of the community. The court shall provide copies of the report to	36990
the prosecutor and defense counsel.	36991

(H) If a defendant is committed pursuant to division (B)(1)	36992
of this section, within ten days after the treating physician of	36993
the defendant or the examiner of the defendant who is employed or	36994
retained by the treating facility advises that there is not a	36995
substantial probability that the defendant will become capable of	36996
understanding the nature and objective of the proceedings against	36997
the defendant or of assisting in the defendant's defense even if	36998
the defendant is provided with a course of treatment, within ten	36999
days after the expiration of the maximum time for treatment as	37000
specified in division (C) of this section, within ten days after	37001
the expiration of the maximum time for continuing evaluation and	37002
treatment as specified in division (B)(1)(a) of this section,	37003
within thirty days after a defendant's request for a hearing that	37004
is made after six months of treatment, or within thirty days after	37005
being advised by the treating physician or examiner that the	37006
defendant is competent to stand trial, whichever is the earliest,	37007
the court shall conduct another hearing to determine if the	37008
defendant is competent to stand trial and shall do whichever of	37009
the following is applicable:	37010

(1) If the court finds that the defendant is competent to	37011
stand trial, the defendant shall be proceeded against as provided	37012
by law.	37013

(2) If the court finds that the defendant is incompetent to	37014
stand trial, but that there is a substantial probability that the	37015
defendant will become competent to stand trial if the defendant is	37016
provided with a course of treatment, and the maximum time for	37017
treatment as specified in division (C) of this section has not	37018
expired, the court, after consideration of the examiner's	37019
recommendation, shall order that treatment be continued, may	37020
change the facility or program at which the treatment is to be	37021
continued, and shall specify whether the treatment is to be	37022
continued at the same or a different facility or program.	37023

(3) If the court finds that the defendant is incompetent to	37024
stand trial, if the defendant is charged with an offense listed in	37025
division (C)(1) of this section, and if the court finds that there	37026
is not a substantial probability that the defendant will become	37027
competent to stand trial even if the defendant is provided with a	37028
course of treatment, or if the maximum time for treatment relative	37029
to that offense as specified in division (C) of this section has	37030
expired, further proceedings shall be as provided in sections	37031
2945.39, 2945.401, and 2945.402 of the Revised Code.	37032

(4) If the court finds that the defendant is incompetent to	37033
stand trial, if the most serious offense with which the defendant	37034
is charged is a misdemeanor or a felony other than a felony listed	37035
in division (C)(1) of this section, and if the court finds that	37036
there is not a substantial probability that the defendant will	37037
become competent to stand trial even if the defendant is provided	37038
with a course of treatment, or if the maximum time for treatment	37039
relative to that offense as specified in division (C) of this	37040
section has expired, the court shall dismiss the indictment,	37041
information, or complaint against the defendant. A dismissal under	37042
this division is not a bar to further prosecution based on the	37043
same conduct. The court shall discharge the defendant unless the	37044
court or prosecutor files an affidavit in probate court for civil	37045
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	37046
If an affidavit for civil commitment is filed, the court may	37047
detain the defendant for ten days pending civil commitment. All of	37048
the following provisions apply to persons charged with a	37049
misdemeanor or a felony other than a felony listed in division	37050
(C)(1) of this section who are committed by the probate court	37051
subsequent to the court's or prosecutor's filing of an affidavit	37052
for civil commitment under authority of this division:	37053

(a) The chief clinical officer of the entity, hospital, or	37054
facility, the managing officer of the institution, the director of	37055
the program, or the person to which the defendant is committed or	37056
admitted shall do all of the following:	37057

(i) Notify the prosecutor, in writing, of the discharge of	37058
the defendant, send the notice at least ten days prior to the	37059
discharge unless the discharge is by the probate court, and state	37060
in the notice the date on which the defendant will be discharged;	37061

(ii) Notify the prosecutor, in writing, when the defendant is	37062
absent without leave or is granted unsupervised, off-grounds	37063
movement, and send this notice promptly after the discovery of the	37064
absence without leave or prior to the granting of the	37065
unsupervised, off-grounds movement, whichever is applicable;	37066

(iii) Notify the prosecutor, in writing, of the change of the	37067
defendant's commitment or admission to voluntary status, send the	37068
notice promptly upon learning of the change to voluntary status,	37069
and state in the notice the date on which the defendant was	37070
committed or admitted on a voluntary status.	37071

(b) Upon receiving notice that the defendant will be granted	37072
unsupervised, off-grounds movement, the prosecutor either shall	37073
re-indict the defendant or promptly notify the court that the	37074
prosecutor does not intend to prosecute the charges against the	37075
defendant.	37076

(I) If a defendant is convicted of a crime and sentenced to a	37077
jail or workhouse, the defendant's sentence shall be reduced by	37078
the total number of days the defendant is confined for evaluation	37079
to determine the defendant's competence to stand trial or	37080
treatment under this section and sections 2945.37 and 2945.371 of	37081
the Revised Code or by the total number of days the defendant is	37082
confined for evaluation to determine the defendant's mental	37083
condition at the time of the offense charged.	37084

Sec. 2945.39. (A) If a defendant who is charged with an	37085
offense described in division (C)(1) of section 2945.38 of the	37086
Revised Code is found incompetent to stand trial, after the	37087
expiration of the maximum time for treatment as specified in	37088
division (C) of that section or after the court finds that there	37089
is not a substantial probability that the defendant will become	37090
competent to stand trial even if the defendant is provided with a	37091
course of treatment, one of the following applies:	37092

(1) The court or the prosecutor may file an affidavit in	37093
probate court for civil commitment of the defendant in the manner	37094
provided in Chapter 5122. or 5123. of the Revised Code. If the	37095
court or prosecutor files an affidavit for civil commitment, the	37096
court may detain the defendant for ten days pending civil	37097
commitment. If the probate court commits the defendant subsequent	37098
to the court's or prosecutor's filing of an affidavit for civil	37099
commitment, the chief clinical officer of the entity, hospital, or	37100
facility, the managing officer of the institution, the director of	37101
the program, or the person to which the defendant is committed or	37102
admitted shall send to the prosecutor the notices described in	37103
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	37104
Code within the periods of time and under the circumstances	37105
specified in those divisions.	37106

(2) On the motion of the prosecutor or on its own motion, the	37107
court may retain jurisdiction over the defendant if, at a hearing,	37108
the court finds both of the following by clear and convincing	37109
evidence:	37110

(a) The defendant committed the offense with which the	37111
defendant is charged.	37112

(b) The defendant is a mentally ill person subject to	37113
hospitalization by court order or a mentally retarded person	37114
subject to institutionalization by court order.	37115

(B) In making its determination under division (A)(2) of this	37116
section as to whether to retain jurisdiction over the defendant,	37117
the court may consider all relevant evidence, including, but not	37118
limited to, any relevant psychiatric, psychological, or medical	37119
testimony or reports, the acts constituting the offense charged,	37120
and any history of the defendant that is relevant to the	37121
defendant's ability to conform to the law.	37122

(C) If the court conducts a hearing as described in division	37123
(A)(2) of this section and if the court does not make both	37124
findings described in divisions (A)(2)(a) and (b) of this section	37125
by clear and convincing evidence, the court shall dismiss the	37126
indictment, information, or complaint against the defendant. Upon	37127
the dismissal, the court shall discharge the defendant unless the	37128
court or prosecutor files an affidavit in probate court for civil	37129
commitment of the defendant pursuant to Chapter 5122. or 5123. of	37130
the Revised Code. If the court or prosecutor files an affidavit	37131
for civil commitment, the court may order that the defendant be	37132
detained for up to ten days pending the civil commitment. If the	37133
probate court commits the defendant subsequent to the court's or	37134
prosecutor's filing of an affidavit for civil commitment, the	37135
chief clinical officer of the entity, hospital, or facility, the	37136
managing officer of the institution, the director of the program,	37137
or the person to which the defendant is committed or admitted	37138
shall send to the prosecutor the notices described in divisions	37139
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	37140
within the periods of time and under the circumstances specified	37141
in those divisions. A dismissal of charges under this division is	37142
not a bar to further criminal proceedings based on the same	37143
conduct.	37144

(D)(1) If the court conducts a hearing as described in	37145
division (A)(2) of this section and if the court makes the	37146
findings described in divisions (A)(2)(a) and (b) of this section	37147
by clear and convincing evidence, the court shall commit the	37148
defendant, if determined to require mental health treatment,	37149
either to the department of ~~mental health~~mental health and	37150
addiction services for treatment at a hospital, facility, or	37151
agency as determined clinically appropriate by the department of	37152
~~mental health~~mental health and addiction services or to another	37153
medical or psychiatric facility, as appropriate. Prior to placing	37154
the defendant, the department of ~~mental health~~mental health and	37155
addiction services shall obtain court approval for that placement.	37156
If the court conducts such a hearing and if it makes those	37157
findings by clear and convincing evidence, the court shall commit	37158
the defendant, if determined to require treatment for mental	37159
retardation, to a facility operated by the department of	37160
developmental disabilities, or another facility, as appropriate.	37161
In determining the place of commitment, the court shall consider	37162
the extent to which the person is a danger to the person and to	37163
others, the need for security, and the type of crime involved and	37164
shall order the least restrictive alternative available that is	37165
consistent with public safety and the welfare of the defendant. In	37166
weighing these factors, the court shall give preference to	37167
protecting public safety.	37168

(2) If a court makes a commitment of a defendant under	37169
division (D)(1) of this section, the prosecutor shall send to the	37170
hospital, facility, or agency where the defendant is placed by the	37171
department of ~~mental health~~mental health and addiction services	37172
or to the defendant's place of commitment all reports of the	37173
defendant's current mental condition and, except as otherwise	37174
provided in this division, any other relevant information,	37175
including, but not limited to, a transcript of the hearing held	37176
pursuant to division (A)(2) of this section, copies of relevant	37177
police reports, and copies of any prior arrest and conviction	37178
records that pertain to the defendant and that the prosecutor	37179
possesses. The prosecutor shall send the reports of the	37180
defendant's current mental condition in every case of commitment,	37181
and, unless the prosecutor determines that the release of any of	37182
the other relevant information to unauthorized persons would	37183
interfere with the effective prosecution of any person or would	37184
create a substantial risk of harm to any person, the prosecutor	37185
also shall send the other relevant information. Upon admission of	37186
a defendant committed under division (D)(1) of this section, the	37187
place of commitment shall send to the board of alcohol, drug	37188
addiction, and mental health services or the community mental	37189
health board serving the county in which the charges against the	37190
defendant were filed a copy of all reports of the defendant's	37191
current mental condition and a copy of the other relevant	37192
information provided by the prosecutor under this division,	37193
including, if provided, a transcript of the hearing held pursuant	37194
to division (A)(2) of this section, the relevant police reports,	37195
and the prior arrest and conviction records that pertain to the	37196
defendant and that the prosecutor possesses.	37197

(3) If a court makes a commitment under division (D)(1) of	37198
this section, all further proceedings shall be in accordance with	37199
sections 2945.401 and 2945.402 of the Revised Code.	37200

Sec. 2945.40. (A) If a person is found not guilty by reason	37201
of insanity, the verdict shall state that finding, and the trial	37202
court shall conduct a full hearing to determine whether the person	37203
is a mentally ill person subject to hospitalization by court order	37204
or a mentally retarded person subject to institutionalization by	37205
court order. Prior to the hearing, if the trial judge believes	37206
that there is probable cause that the person found not guilty by	37207
reason of insanity is a mentally ill person subject to	37208
hospitalization by court order or mentally retarded person subject	37209
to institutionalization by court order, the trial judge may issue	37210
a temporary order of detention for that person to remain in effect	37211
for ten court days or until the hearing, whichever occurs first.	37212

Any person detained pursuant to a temporary order of	37213
detention issued under this division shall be held in a suitable	37214
facility, taking into consideration the place and type of	37215
confinement prior to and during trial.	37216

(B) The court shall hold the hearing under division (A) of	37217
this section to determine whether the person found not guilty by	37218
reason of insanity is a mentally ill person subject to	37219
hospitalization by court order or a mentally retarded person	37220
subject to institutionalization by court order within ten court	37221
days after the finding of not guilty by reason of insanity.	37222
Failure to conduct the hearing within the ten-day period shall	37223
cause the immediate discharge of the respondent, unless the judge	37224
grants a continuance for not longer than ten court days for good	37225
cause shown or for any period of time upon motion of the	37226
respondent.	37227

(C) If a person is found not guilty by reason of insanity,	37228
the person has the right to attend all hearings conducted pursuant	37229
to sections 2945.37 to 2945.402 of the Revised Code. At any	37230
hearing conducted pursuant to one of those sections, the court	37231
shall inform the person that the person has all of the following	37232
rights:	37233

(1) The right to be represented by counsel and to have that	37234
counsel provided at public expense if the person is indigent, with	37235
the counsel to be appointed by the court under Chapter 120. of the	37236
Revised Code or under the authority recognized in division (C) of	37237
section 120.06, division (E) of section 120.16, division (E) of	37238
section 120.26, or section 2941.51 of the Revised Code;	37239

(2) The right to have independent expert evaluation and to	37240
have that independent expert evaluation provided at public expense	37241
if the person is indigent;	37242

(3) The right to subpoena witnesses and documents, to present	37243
evidence on the person's behalf, and to cross-examine witnesses	37244
against the person;	37245

(4) The right to testify in the person's own behalf and to	37246
not be compelled to testify;	37247

(5) The right to have copies of any relevant medical or	37248
mental health document in the custody of the state or of any place	37249
of commitment other than a document for which the court finds that	37250
the release to the person of information contained in the document	37251
would create a substantial risk of harm to any person.	37252

(D) The hearing under division (A) of this section shall be	37253
open to the public, and the court shall conduct the hearing in	37254
accordance with the Rules of Civil Procedure. The court shall make	37255
and maintain a full transcript and record of the hearing	37256
proceedings. The court may consider all relevant evidence,	37257
including, but not limited to, any relevant psychiatric,	37258
psychological, or medical testimony or reports, the acts	37259
constituting the offense in relation to which the person was found	37260
not guilty by reason of insanity, and any history of the person	37261
that is relevant to the person's ability to conform to the law.	37262

(E) Upon completion of the hearing under division (A) of this	37263
section, if the court finds there is not clear and convincing	37264
evidence that the person is a mentally ill person subject to	37265
hospitalization by court order or a mentally retarded person	37266
subject to institutionalization by court order, the court shall	37267
discharge the person, unless a detainer has been placed upon the	37268
person by the department of rehabilitation and correction, in	37269
which case the person shall be returned to that department.	37270

(F) If, at the hearing under division (A) of this section,	37271
the court finds by clear and convincing evidence that the person	37272
is a mentally ill person subject to hospitalization by court	37273
order, the court shall commit the person either to the department	37274
of ~~mental health~~mental health and addiction services for	37275
treatment in a hospital, facility, or agency as determined	37276
clinically appropriate by the department of ~~mental health~~mental	37277
health and addiction services or to another medical or psychiatric	37278
facility, as appropriate. Prior to placing the defendant, the	37279
department of ~~mental health~~mental health and addiction services	37280
shall obtain court approval for that placement. If, at the hearing	37281
under division (A) of this section, the court determines by clear	37282
and convincing evidence that the person requires treatment for	37283
mental retardation, it shall commit the person to a facility	37284
operated by the department of developmental disabilities or	37285
another facility, as appropriate. Further proceedings shall be in	37286
accordance with sections 2945.401 and 2945.402 of the Revised	37287
Code. In determining the place of commitment, the court shall	37288
consider the extent to which the person is a danger to the person	37289
and to others, the need for security, and the type of crime	37290
involved and shall order the least restrictive alternative	37291
available that is consistent with public safety and the welfare of	37292
the person. In weighing these factors, the court shall give	37293
preference to protecting public safety.	37294

(G) If a court makes a commitment of a person under division	37295
(F) of this section, the prosecutor shall send to the hospital,	37296
facility, or agency where the person is placed by the department	37297
of ~~mental health~~mental health and addiction services or to the	37298
defendant's place of commitment all reports of the person's	37299
current mental condition, and, except as otherwise provided in	37300
this division, any other relevant information, including, but not	37301
limited to, a transcript of the hearing held pursuant to division	37302
(A) of this section, copies of relevant police reports, and copies	37303
of any prior arrest and conviction records that pertain to the	37304
person and that the prosecutor possesses. The prosecutor shall	37305
send the reports of the person's current mental condition in every	37306
case of commitment, and, unless the prosecutor determines that the	37307
release of any of the other relevant information to unauthorized	37308
persons would interfere with the effective prosecution of any	37309
person or would create a substantial risk of harm to any person,	37310
the prosecutor also shall send the other relevant information.	37311
Upon admission of a person committed under division (F) of this	37312
section, the place of commitment shall send to the board of	37313
alcohol, drug addiction, and mental health services or the	37314
community mental health board serving the county in which the	37315
charges against the person were filed a copy of all reports of the	37316
person's current mental condition and a copy of the other relevant	37317
information provided by the prosecutor under this division,	37318
including, if provided, a transcript of the hearing held pursuant	37319
to division (A) of this section, the relevant police reports, and	37320
the prior arrest and conviction records that pertain to the person	37321
and that the prosecutor possesses.	37322

(H) A person who is committed pursuant to this section shall	37323
not voluntarily admit the person or be voluntarily admitted to a	37324
hospital or institution pursuant to section 5122.02, 5122.15,	37325
5123.69, or 5123.76 of the Revised Code.	37326

Sec. 2945.401. (A) A defendant found incompetent to stand	37327
trial and committed pursuant to section 2945.39 of the Revised	37328
Code or a person found not guilty by reason of insanity and	37329
committed pursuant to section 2945.40 of the Revised Code shall	37330
remain subject to the jurisdiction of the trial court pursuant to	37331
that commitment, and to the provisions of this section, until the	37332
final termination of the commitment as described in division	37333
(J)(1) of this section. If the jurisdiction is terminated under	37334
this division because of the final termination of the commitment	37335
resulting from the expiration of the maximum prison term or term	37336
of imprisonment described in division (J)(1)(b) of this section,	37337
the court or prosecutor may file an affidavit for the civil	37338
commitment of the defendant or person pursuant to Chapter 5122. or	37339
5123. of the Revised Code.	37340

(B) A hearing conducted under any provision of sections	37341
2945.37 to 2945.402 of the Revised Code shall not be conducted in	37342
accordance with Chapters 5122. and 5123. of the Revised Code. Any	37343
person who is committed pursuant to section 2945.39 or 2945.40 of	37344
the Revised Code shall not voluntarily admit the person or be	37345
voluntarily admitted to a hospital or institution pursuant to	37346
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	37347
All other provisions of Chapters 5122. and 5123. of the Revised	37348
Code regarding hospitalization or institutionalization shall apply	37349
to the extent they are not in conflict with this chapter. A	37350
commitment under section 2945.39 or 2945.40 of the Revised Code	37351
shall not be terminated and the conditions of the commitment shall	37352
not be changed except as otherwise provided in division (D)(2) of	37353
this section with respect to a mentally retarded person subject to	37354
institutionalization by court order or except by order of the	37355
trial court.	37356

(C) The department of ~~mental health~~mental health and	37357
addiction services or the institution, facility, or program to	37358
which a defendant or person has been committed under section	37359
2945.39 or 2945.40 of the Revised Code shall report in writing to	37360
the trial court, at the times specified in this division, as to	37361
whether the defendant or person remains a mentally ill person	37362
subject to hospitalization by court order or a mentally retarded	37363
person subject to institutionalization by court order and, in the	37364
case of a defendant committed under section 2945.39 of the Revised	37365
Code, as to whether the defendant remains incompetent to stand	37366
trial. The department, institution, facility, or program shall	37367
make the reports after the initial six months of treatment and	37368
every two years after the initial report is made. The trial court	37369
shall provide copies of the reports to the prosecutor and to the	37370
counsel for the defendant or person. Within thirty days after its	37371
receipt pursuant to this division of a report from the department,	37372
institution, facility, or program, the trial court shall hold a	37373
hearing on the continued commitment of the defendant or person or	37374
on any changes in the conditions of the commitment of the	37375
defendant or person. The defendant or person may request a change	37376
in the conditions of confinement, and the trial court shall	37377
conduct a hearing on that request if six months or more have	37378
elapsed since the most recent hearing was conducted under this	37379
section.	37380

(D)(1) Except as otherwise provided in division (D)(2) of	37381
this section, when a defendant or person has been committed under	37382
section 2945.39 or 2945.40 of the Revised Code, at any time after	37383
evaluating the risks to public safety and the welfare of the	37384
defendant or person, the designee of the department of ~~mental~~	37385
~~health~~mental health and addiction services or the managing	37386
officer of the institution or director of the facility or program	37387
to which the defendant or person is committed may recommend a	37388
termination of the defendant's or person's commitment or a change	37389
in the conditions of the defendant's or person's commitment.	37390

Except as otherwise provided in division (D)(2) of this	37391
section, if the designee of the department of ~~mental health~~mental	37392
health and addiction services recommends on-grounds unsupervised	37393
movement, off-grounds supervised movement, or nonsecured status	37394
for the defendant or person or termination of the defendant's or	37395
person's commitment, the following provisions apply:	37396

(a) If the department's designee recommends on-grounds	37397
unsupervised movement or off-grounds supervised movement, the	37398
department's designee shall file with the trial court an	37399
application for approval of the movement and shall send a copy of	37400
the application to the prosecutor. Within fifteen days after	37401
receiving the application, the prosecutor may request a hearing on	37402
the application and, if a hearing is requested, shall so inform	37403
the department's designee. If the prosecutor does not request a	37404
hearing within the fifteen-day period, the trial court shall	37405
approve the application by entering its order approving the	37406
requested movement or, within five days after the expiration of	37407
the fifteen-day period, shall set a date for a hearing on the	37408
application. If the prosecutor requests a hearing on the	37409
application within the fifteen-day period, the trial court shall	37410
hold a hearing on the application within thirty days after the	37411
hearing is requested. If the trial court, within five days after	37412
the expiration of the fifteen-day period, sets a date for a	37413
hearing on the application, the trial court shall hold the hearing	37414
within thirty days after setting the hearing date. At least	37415
fifteen days before any hearing is held under this division, the	37416
trial court shall give the prosecutor written notice of the date,	37417
time, and place of the hearing. At the conclusion of each hearing	37418
conducted under this division, the trial court either shall	37419
approve or disapprove the application and shall enter its order	37420
accordingly.	37421

(b) If the department's designee recommends termination of	37422
the defendant's or person's commitment at any time or if the	37423
department's designee recommends the first of any nonsecured	37424
status for the defendant or person, the department's designee	37425
shall send written notice of this recommendation to the trial	37426
court and to the local forensic center. The local forensic center	37427
shall evaluate the committed defendant or person and, within	37428
thirty days after its receipt of the written notice, shall submit	37429
to the trial court and the department's designee a written report	37430
of the evaluation. The trial court shall provide a copy of the	37431
department's designee's written notice and of the local forensic	37432
center's written report to the prosecutor and to the counsel for	37433
the defendant or person. Upon the local forensic center's	37434
submission of the report to the trial court and the department's	37435
designee, all of the following apply:	37436

(i) If the forensic center disagrees with the recommendation	37437
of the department's designee, it shall inform the department's	37438
designee and the trial court of its decision and the reasons for	37439
the decision. The department's designee, after consideration of	37440
the forensic center's decision, shall either withdraw, proceed	37441
with, or modify and proceed with the recommendation. If the	37442
department's designee proceeds with, or modifies and proceeds	37443
with, the recommendation, the department's designee shall proceed	37444
in accordance with division (D)(1)(b)(iii) of this section.	37445

(ii) If the forensic center agrees with the recommendation of	37446
the department's designee, it shall inform the department's	37447
designee and the trial court of its decision and the reasons for	37448
the decision, and the department's designee shall proceed in	37449
accordance with division (D)(1)(b)(iii) of this section.	37450

(iii) If the forensic center disagrees with the	37451
recommendation of the department's designee and the department's	37452
designee proceeds with, or modifies and proceeds with, the	37453
recommendation or if the forensic center agrees with the	37454
recommendation of the department's designee, the department's	37455
designee shall work with community mental health ~~agencies~~services	37456
providers, programs, facilities, or boards of alcohol, drug	37457
addiction, and mental health services or community mental health	37458
boards to develop a plan to implement the recommendation. If the	37459
defendant or person is on medication, the plan shall include, but	37460
shall not be limited to, a system to monitor the defendant's or	37461
person's compliance with the prescribed medication treatment plan.	37462
The system shall include a schedule that clearly states when the	37463
defendant or person shall report for a medication compliance	37464
check. The medication compliance checks shall be based upon the	37465
effective duration of the prescribed medication, taking into	37466
account the route by which it is taken, and shall be scheduled at	37467
intervals sufficiently close together to detect a potential	37468
increase in mental illness symptoms that the medication is	37469
intended to prevent.	37470

The department's designee, after consultation with the board	37471
of alcohol, drug addiction, and mental health services or the	37472
community mental health board serving the area, shall send the	37473
recommendation and plan developed under division (D)(1)(b)(iii) of	37474
this section, in writing, to the trial court, the prosecutor, and	37475
the counsel for the committed defendant or person. The trial court	37476
shall conduct a hearing on the recommendation and plan developed	37477
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	37478
and (d) and (E) to (J) of this section apply regarding the	37479
hearing.	37480

(c) If the department's designee's recommendation is for	37481
nonsecured status or termination of commitment, the prosecutor may	37482
obtain an independent expert evaluation of the defendant's or	37483
person's mental condition, and the trial court may continue the	37484
hearing on the recommendation for a period of not more than thirty	37485
days to permit time for the evaluation.	37486

The prosecutor may introduce the evaluation report or present	37487
other evidence at the hearing in accordance with the Rules of	37488
Evidence.	37489

(d) The trial court shall schedule the hearing on a	37490
department's designee's recommendation for nonsecured status or	37491
termination of commitment and shall give reasonable notice to the	37492
prosecutor and the counsel for the defendant or person. Unless	37493
continued for independent evaluation at the prosecutor's request	37494
or for other good cause, the hearing shall be held within thirty	37495
days after the trial court's receipt of the recommendation and	37496
plan.	37497

(2)(a) Division (D)(1) of this section does not apply to	37498
on-grounds unsupervised movement of a defendant or person who has	37499
been committed under section 2945.39 or 2945.40 of the Revised	37500
Code, who is a mentally retarded person subject to	37501
institutionalization by court order, and who is being provided	37502
residential habilitation, care, and treatment in a facility	37503
operated by the department of developmental disabilities.	37504

(b) If, pursuant to section 2945.39 of the Revised Code, the	37505
trial court commits a defendant who is found incompetent to stand	37506
trial and who is a mentally retarded person subject to	37507
institutionalization by court order, if the defendant is being	37508
provided residential habilitation, care, and treatment in a	37509
facility operated by the department of developmental disabilities,	37510
if an individual who is conducting a survey for the department of	37511
health to determine the facility's compliance with the	37512
certification requirements of the medicaid program ~~under Chapter~~	37513
~~5111. of the Revised Code and Title XIX of the "Social Security~~	37514
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ cites the	37515
defendant's receipt of the residential habilitation, care, and	37516
treatment in the facility as being inappropriate under the	37517
certification requirements, if the defendant's receipt of the	37518
residential habilitation, care, and treatment in the facility	37519
potentially jeopardizes the facility's continued receipt of	37520
federal medicaid moneys, and if as a result of the citation the	37521
chief clinical officer of the facility determines that the	37522
conditions of the defendant's commitment should be changed, the	37523
department of developmental disabilities may cause the defendant	37524
to be removed from the particular facility and, after evaluating	37525
the risks to public safety and the welfare of the defendant and	37526
after determining whether another type of placement is consistent	37527
with the certification requirements, may place the defendant in	37528
another facility that the department selects as an appropriate	37529
facility for the defendant's continued receipt of residential	37530
habilitation, care, and treatment and that is a no less secure	37531
setting than the facility in which the defendant had been placed	37532
at the time of the citation. Within three days after the	37533
defendant's removal and alternative placement under the	37534
circumstances described in division (D)(2)(b) of this section, the	37535
department of developmental disabilities shall notify the trial	37536
court and the prosecutor in writing of the removal and alternative	37537
placement.	37538

The trial court shall set a date for a hearing on the removal	37539
and alternative placement, and the hearing shall be held within	37540
twenty-one days after the trial court's receipt of the notice from	37541
the department of developmental disabilities. At least ten days	37542
before the hearing is held, the trial court shall give the	37543
prosecutor, the department of developmental disabilities, and the	37544
counsel for the defendant written notice of the date, time, and	37545
place of the hearing. At the hearing, the trial court shall	37546
consider the citation issued by the individual who conducted the	37547
survey for the department of health to be prima-facie evidence of	37548
the fact that the defendant's commitment to the particular	37549
facility was inappropriate under the certification requirements of	37550
the medicaid program ~~under Chapter 5111. of the Revised Code and~~	37551
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	37552
~~U.S.C.A. 301, as amended,~~ and potentially jeopardizes the	37553
particular facility's continued receipt of federal medicaid	37554
moneys. At the conclusion of the hearing, the trial court may	37555
approve or disapprove the defendant's removal and alternative	37556
placement. If the trial court approves the defendant's removal and	37557
alternative placement, the department of developmental	37558
disabilities may continue the defendant's alternative placement.	37559
If the trial court disapproves the defendant's removal and	37560
alternative placement, it shall enter an order modifying the	37561
defendant's removal and alternative placement, but that order	37562
shall not require the department of developmental disabilities to	37563
replace the defendant for purposes of continued residential	37564
habilitation, care, and treatment in the facility associated with	37565
the citation issued by the individual who conducted the survey for	37566
the department of health.	37567

(E) In making a determination under this section regarding	37568
nonsecured status or termination of commitment, the trial court	37569
shall consider all relevant factors, including, but not limited	37570
to, all of the following:	37571

(1) Whether, in the trial court's view, the defendant or	37572
person currently represents a substantial risk of physical harm to	37573
the defendant or person or others;	37574

(2) Psychiatric and medical testimony as to the current	37575
mental and physical condition of the defendant or person;	37576

(3) Whether the defendant or person has insight into the	37577
defendant's or person's condition so that the defendant or person	37578
will continue treatment as prescribed or seek professional	37579
assistance as needed;	37580

(4) The grounds upon which the state relies for the proposed	37581
commitment;	37582

(5) Any past history that is relevant to establish the	37583
defendant's or person's degree of conformity to the laws, rules,	37584
regulations, and values of society;	37585

(6) If there is evidence that the defendant's or person's	37586
mental illness is in a state of remission, the medically suggested	37587
cause and degree of the remission and the probability that the	37588
defendant or person will continue treatment to maintain the	37589
remissive state of the defendant's or person's illness should the	37590
defendant's or person's commitment conditions be altered.	37591

(F) At any hearing held pursuant to division (C) or (D)(1) or	37592
(2) of this section, the defendant or the person shall have all	37593
the rights of a defendant or person at a commitment hearing as	37594
described in section 2945.40 of the Revised Code.	37595

(G) In a hearing held pursuant to division (C) or (D)(1) of	37596
this section, the prosecutor has the burden of proof as follows:	37597

(1) For a recommendation of termination of commitment, to	37598
show by clear and convincing evidence that the defendant or person	37599
remains a mentally ill person subject to hospitalization by court	37600
order or a mentally retarded person subject to	37601
institutionalization by court order;	37602

(2) For a recommendation for a change in the conditions of	37603
the commitment to a less restrictive status, to show by clear and	37604
convincing evidence that the proposed change represents a threat	37605
to public safety or a threat to the safety of any person.	37606

(H) In a hearing held pursuant to division (C) or (D)(1) or	37607
(2) of this section, the prosecutor shall represent the state or	37608
the public interest.	37609

(I) At the conclusion of a hearing conducted under division	37610
(D)(1) of this section regarding a recommendation from the	37611
designee of the department of ~~mental health~~mental health and	37612
addiction services, managing officer of the institution, or	37613
director of a facility or program, the trial court may approve,	37614
disapprove, or modify the recommendation and shall enter an order	37615
accordingly.	37616

(J)(1) A defendant or person who has been committed pursuant	37617
to section 2945.39 or 2945.40 of the Revised Code continues to be	37618
under the jurisdiction of the trial court until the final	37619
termination of the commitment. For purposes of division (J) of	37620
this section, the final termination of a commitment occurs upon	37621
the earlier of one of the following:	37622

(a) The defendant or person no longer is a mentally ill	37623
person subject to hospitalization by court order or a mentally	37624
retarded person subject to institutionalization by court order, as	37625
determined by the trial court;	37626

(b) The expiration of the maximum prison term or term of	37627
imprisonment that the defendant or person could have received if	37628
the defendant or person had been convicted of the most serious	37629
offense with which the defendant or person is charged or in	37630
relation to which the defendant or person was found not guilty by	37631
reason of insanity;	37632

(c) The trial court enters an order terminating the	37633
commitment under the circumstances described in division	37634
(J)(2)(a)(ii) of this section.	37635

(2)(a) If a defendant is found incompetent to stand trial and	37636
committed pursuant to section 2945.39 of the Revised Code, if	37637
neither of the circumstances described in divisions (J)(1)(a) and	37638
(b) of this section applies to that defendant, and if a report	37639
filed with the trial court pursuant to division (C) of this	37640
section indicates that the defendant presently is competent to	37641
stand trial or if, at any other time during the period of the	37642
defendant's commitment, the prosecutor, the counsel for the	37643
defendant, or the designee of the department of ~~mental health~~	37644
mental health and addiction services or the managing officer of	37645
the institution or director of the facility or program to which	37646
the defendant is committed files an application with the trial	37647
court alleging that the defendant presently is competent to stand	37648
trial and requesting a hearing on the competency issue or the	37649
trial court otherwise has reasonable cause to believe that the	37650
defendant presently is competent to stand trial and determines on	37651
its own motion to hold a hearing on the competency issue, the	37652
trial court shall schedule a hearing on the competency of the	37653
defendant to stand trial, shall give the prosecutor, the counsel	37654
for the defendant, and the department's designee or the managing	37655
officer of the institution or the director of the facility to	37656
which the defendant is committed notice of the date, time, and	37657
place of the hearing at least fifteen days before the hearing, and	37658
shall conduct the hearing within thirty days of the filing of the	37659
application or of its own motion. If, at the conclusion of the	37660
hearing, the trial court determines that the defendant presently	37661
is capable of understanding the nature and objective of the	37662
proceedings against the defendant and of assisting in the	37663
defendant's defense, the trial court shall order that the	37664
defendant is competent to stand trial and shall be proceeded	37665
against as provided by law with respect to the applicable offenses	37666
described in division (C)(1) of section 2945.38 of the Revised	37667
Code and shall enter whichever of the following additional orders	37668
is appropriate:	37669

(i) If the trial court determines that the defendant remains	37670
a mentally ill person subject to hospitalization by court order or	37671
a mentally retarded person subject to institutionalization by	37672
court order, the trial court shall order that the defendant's	37673
commitment to the department of ~~mental health~~mental health and	37674
addiction services or to an institution, facility, or program for	37675
the treatment of mental retardation be continued during the	37676
pendency of the trial on the applicable offenses described in	37677
division (C)(1) of section 2945.38 of the Revised Code.	37678

(ii) If the trial court determines that the defendant no	37679
longer is a mentally ill person subject to hospitalization by	37680
court order or a mentally retarded person subject to	37681
institutionalization by court order, the trial court shall order	37682
that the defendant's commitment to the department of ~~mental health~~	37683
mental health and addiction services or to an institution,	37684
facility, or program for the treatment of mental retardation shall	37685
not be continued during the pendency of the trial on the	37686
applicable offenses described in division (C)(1) of section	37687
2945.38 of the Revised Code. This order shall be a final	37688
termination of the commitment for purposes of division (J)(1)(c)	37689
of this section.	37690

(b) If, at the conclusion of the hearing described in	37691
division (J)(2)(a) of this section, the trial court determines	37692
that the defendant remains incapable of understanding the nature	37693
and objective of the proceedings against the defendant or of	37694
assisting in the defendant's defense, the trial court shall order	37695
that the defendant continues to be incompetent to stand trial,	37696
that the defendant's commitment to the department of ~~mental health~~	37697
mental health and addiction services or to an institution,	37698
facility, or program for the treatment of mental retardation shall	37699
be continued, and that the defendant remains subject to the	37700
jurisdiction of the trial court pursuant to that commitment, and	37701
to the provisions of this section, until the final termination of	37702
the commitment as described in division (J)(1) of this section.	37703

Sec. 2951.041. (A)(1) If an offender is charged with a	37704
criminal offense, including but not limited to a violation of	37705
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	37706
the Revised Code, and the court has reason to believe that drug or	37707
alcohol usage by the offender was a factor leading to the criminal	37708
offense with which the offender is charged or that, at the time of	37709
committing that offense, the offender had a mental illness or was	37710
a person with intellectual disability and that the mental illness	37711
or status as a person with intellectual disability was a factor	37712
leading to the offender's criminal behavior, the court may accept,	37713
prior to the entry of a guilty plea, the offender's request for	37714
intervention in lieu of conviction. The request shall include a	37715
statement from the offender as to whether the offender is alleging	37716
that drug or alcohol usage by the offender was a factor leading to	37717
the criminal offense with which the offender is charged or is	37718
alleging that, at the time of committing that offense, the	37719
offender had a mental illness or was a person with intellectual	37720
disability and that the mental illness or status as a person with	37721
intellectual disability was a factor leading to the criminal	37722
offense with which the offender is charged. The request also shall	37723
include a waiver of the defendant's right to a speedy trial, the	37724
preliminary hearing, the time period within which the grand jury	37725
may consider an indictment against the offender, and arraignment,	37726
unless the hearing, indictment, or arraignment has already	37727
occurred. The court may reject an offender's request without a	37728
hearing. If the court elects to consider an offender's request,	37729
the court shall conduct a hearing to determine whether the	37730
offender is eligible under this section for intervention in lieu	37731
of conviction and shall stay all criminal proceedings pending the	37732
outcome of the hearing. If the court schedules a hearing, the	37733
court shall order an assessment of the offender for the purpose of	37734
determining the offender's eligibility for intervention in lieu of	37735
conviction and recommending an appropriate intervention plan.	37736

If the offender alleges that drug or alcohol usage by the	37737
offender was a factor leading to the criminal offense with which	37738
the offender is charged, the court may order that the offender be	37739
assessed by ~~a program~~an addiction services provider certified	37740
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	37741
properly credentialed professional for the purpose of determining	37742
the offender's eligibility for intervention in lieu of conviction	37743
and recommending an appropriate intervention plan. The ~~program~~	37744
addiction services provider or the properly credentialed	37745
professional shall provide a written assessment of the offender to	37746
the court.	37747

(2) The victim notification provisions of division (C) of	37748
section 2930.08 of the Revised Code apply in relation to any	37749
hearing held under division (A)(1) of this section.	37750

(B) An offender is eligible for intervention in lieu of	37751
conviction if the court finds all of the following:	37752

(1) The offender previously has not been convicted of or	37753
pleaded guilty to a felony offense of violence or previously has	37754
been convicted of or pleaded guilty to any felony that is not an	37755
offense of violence and the prosecuting attorney recommends that	37756
the offender be found eligible for participation in intervention	37757
in lieu of treatment under this section, previously has not been	37758
through intervention in lieu of conviction under this section or	37759
any similar regimen, and is charged with a felony for which the	37760
court, upon conviction, would impose a community control sanction	37761
on the offender under division (B)(2) of section 2929.13 of the	37762
Revised Code or with a misdemeanor.	37763

(2) The offense is not a felony of the first, second, or	37764
third degree, is not an offense of violence, is not a violation of	37765
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	37766
not a violation of division (A)(1) of section 2903.08 of the	37767
Revised Code, is not a violation of division (A) of section	37768
4511.19 of the Revised Code or a municipal ordinance that is	37769
substantially similar to that division, and is not an offense for	37770
which a sentencing court is required to impose a mandatory prison	37771
term, a mandatory term of local incarceration, or a mandatory term	37772
of imprisonment in a jail.	37773

(3) The offender is not charged with a violation of section	37774
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	37775
with a violation of section 2925.03 of the Revised Code that is a	37776
felony of the first, second, third, or fourth degree, and is not	37777
charged with a violation of section 2925.11 of the Revised Code	37778
that is a felony of the first, second, or third degree.	37779

(4) If an offender alleges that drug or alcohol usage by the	37780
offender was a factor leading to the criminal offense with which	37781
the offender is charged, the court has ordered that the offender	37782
be assessed by ~~a program~~an addiction services provider certified	37783
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	37784
properly credentialed professional for the purpose of determining	37785
the offender's eligibility for intervention in lieu of conviction	37786
and recommending an appropriate intervention plan, the offender	37787
has been assessed by ~~a program~~an addiction services provider of	37788
that nature or a properly credentialed professional in accordance	37789
with the court's order, and the ~~program~~addiction services	37790
provider or properly credentialed professional has filed the	37791
written assessment of the offender with the court.	37792

(5) If an offender alleges that, at the time of committing	37793
the criminal offense with which the offender is charged, the	37794
offender had a mental illness or was a person with intellectual	37795
disability and that the mental illness or status as a person with	37796
intellectual disability was a factor leading to that offense, the	37797
offender has been assessed by a psychiatrist, psychologist,	37798
independent social worker, or professional clinical counselor for	37799
the purpose of determining the offender's eligibility for	37800
intervention in lieu of conviction and recommending an appropriate	37801
intervention plan.	37802

(6) The offender's drug usage, alcohol usage, mental illness,	37803
or intellectual disability, whichever is applicable, was a factor	37804
leading to the criminal offense with which the offender is	37805
charged, intervention in lieu of conviction would not demean the	37806
seriousness of the offense, and intervention would substantially	37807
reduce the likelihood of any future criminal activity.	37808

(7) The alleged victim of the offense was not sixty-five	37809
years of age or older, permanently and totally disabled, under	37810
thirteen years of age, or a peace officer engaged in the officer's	37811
official duties at the time of the alleged offense.	37812

(8) If the offender is charged with a violation of section	37813
2925.24 of the Revised Code, the alleged violation did not result	37814
in physical harm to any person, and the offender previously has	37815
not been treated for drug abuse.	37816

(9) The offender is willing to comply with all terms and	37817
conditions imposed by the court pursuant to division (D) of this	37818
section.	37819

(10) The offender is not charged with an offense that would	37820
result in the offender being disqualified under Chapter 4506. of	37821
the Revised Code from operating a commercial motor vehicle or	37822
would subject the offender to any other sanction under that	37823
chapter.	37824

(C) At the conclusion of a hearing held pursuant to division	37825
(A) of this section, the court shall enter its determination as to	37826
whether the offender is eligible for intervention in lieu of	37827
conviction and as to whether to grant the offender's request. If	37828
the court finds under division (B) of this section that the	37829
offender is eligible for intervention in lieu of conviction and	37830
grants the offender's request, the court shall accept the	37831
offender's plea of guilty and waiver of the defendant's right to a	37832
speedy trial, the preliminary hearing, the time period within	37833
which the grand jury may consider an indictment against the	37834
offender, and arraignment, unless the hearing, indictment, or	37835
arraignment has already occurred. In addition, the court then may	37836
stay all criminal proceedings and order the offender to comply	37837
with all terms and conditions imposed by the court pursuant to	37838
division (D) of this section. If the court finds that the offender	37839
is not eligible or does not grant the offender's request, the	37840
criminal proceedings against the offender shall proceed as if the	37841
offender's request for intervention in lieu of conviction had not	37842
been made.	37843

(D) If the court grants an offender's request for	37844
intervention in lieu of conviction, the court shall place the	37845
offender under the general control and supervision of the county	37846
probation department, the adult parole authority, or another	37847
appropriate local probation or court services agency, if one	37848
exists, as if the offender was subject to a community control	37849
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	37850
Revised Code. The court shall establish an intervention plan for	37851
the offender. The terms and conditions of the intervention plan	37852
shall require the offender, for at least one year from the date on	37853
which the court grants the order of intervention in lieu of	37854
conviction, to abstain from the use of illegal drugs and alcohol,	37855
to participate in treatment and recovery support services, and to	37856
submit to regular random testing for drug and alcohol use and may	37857
include any other treatment terms and conditions, or terms and	37858
conditions similar to community control sanctions, which may	37859
include community service or restitution, that are ordered by the	37860
court.	37861

(E) If the court grants an offender's request for	37862
intervention in lieu of conviction and the court finds that the	37863
offender has successfully completed the intervention plan for the	37864
offender, including the requirement that the offender abstain from	37865
using illegal drugs and alcohol for a period of at least one year	37866
from the date on which the court granted the order of intervention	37867
in lieu of conviction, the requirement that the offender	37868
participate in treatment and recovery support services, and all	37869
other terms and conditions ordered by the court, the court shall	37870
dismiss the proceedings against the offender. Successful	37871
completion of the intervention plan and period of abstinence under	37872
this section shall be without adjudication of guilt and is not a	37873
criminal conviction for purposes of any disqualification or	37874
disability imposed by law and upon conviction of a crime, and the	37875
court may order the sealing of records related to the offense in	37876
question in the manner provided in sections 2953.31 to 2953.36 of	37877
the Revised Code.	37878

(F) If the court grants an offender's request for	37879
intervention in lieu of conviction and the offender fails to	37880
comply with any term or condition imposed as part of the	37881
intervention plan for the offender, the supervising authority for	37882
the offender promptly shall advise the court of this failure, and	37883
the court shall hold a hearing to determine whether the offender	37884
failed to comply with any term or condition imposed as part of the	37885
plan. If the court determines that the offender has failed to	37886
comply with any of those terms and conditions, it shall enter a	37887
finding of guilty and shall impose an appropriate sanction under	37888
Chapter 2929. of the Revised Code. If the court sentences the	37889
offender to a prison term, the court, after consulting with the	37890
department of rehabilitation and correction regarding the	37891
availability of services, may order continued court-supervised	37892
activity and treatment of the offender during the prison term and,	37893
upon consideration of reports received from the department	37894
concerning the offender's progress in the program of activity and	37895
treatment, may consider judicial release under section 2929.20 of	37896
the Revised Code.	37897

(G) As used in this section:

37898

(1) "Community control sanction" has the same meaning as in	37899
section 2929.01 of the Revised Code.	37900

(2) "Intervention in lieu of conviction" means any	37901
court-supervised activity that complies with this section.	37902

(3) "Peace officer" has the same meaning as in section	37903
2935.01 of the Revised Code.	37904

(4) "Mental illness" and "psychiatrist" have the same	37905
meanings as in section 5122.01 of the Revised Code.	37906

(5) "Person with intellectual disability" means a person	37907
having significantly subaverage general intellectual functioning	37908
existing concurrently with deficiencies in adaptive behavior,	37909
manifested during the developmental period.	37910

(6) "Psychologist" has the same meaning as in section 4732.01	37911
of the Revised Code.	37912

(H) Whenever the term "mentally retarded person" is used in	37913
any statute, rule, contract, grant, or other document, the	37914
reference shall be deemed to include a "person with intellectual	37915
disability," as defined in this section.	37916

Sec. 2967.22. Whenever it is brought to the attention of the	37917
adult parole authority or a department of probation that a	37918
parolee, person under a community control sanction, person under	37919
transitional control, or releasee appears to be a mentally ill	37920
person subject to hospitalization by court order, as defined in	37921
section 5122.01 of the Revised Code, or a mentally retarded person	37922
subject to institutionalization by court order, as defined in	37923
section 5123.01 of the Revised Code, the parole or probation	37924
officer, subject to the approval of the chief of the adult parole	37925
authority, the designee of the chief of the adult parole	37926
authority, or the chief probation officer, may file an affidavit	37927
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	37928
person under a community control sanction, or releasee who is	37929
involuntarily detained under Chapter 5122. or 5123. of the Revised	37930
Code shall receive credit against the period of parole or	37931
community control or the term of post-release control for the	37932
period of involuntary detention.	37933

If a parolee, person under a community control sanction,	37934
person under transitional control, or releasee escapes from an	37935
institution or facility within the department of ~~mental health~~	37936
mental health and addiction services or the department of	37937
developmental disabilities, the superintendent of the institution	37938
immediately shall notify the chief of the adult parole authority	37939
or the chief probation officer. Notwithstanding the provisions of	37940
section 5122.26 of the Revised Code, the procedure for the	37941
apprehension, detention, and return of the parolee, person under a	37942
community control sanction, person under transitional control, or	37943
releasee is the same as that provided for the apprehension,	37944
detention, and return of persons who escape from institutions	37945
operated by the department of rehabilitation and correction. If	37946
the escaped parolee, person under transitional control, or	37947
releasee is not apprehended and returned to the custody of the	37948
department of ~~mental health~~mental health and addiction services	37949
or the department of developmental disabilities within ninety days	37950
after the escape, the parolee, person under transitional control,	37951
or releasee shall be discharged from the custody of the department	37952
of ~~mental health~~mental health and addiction services or the	37953
department of developmental disabilities and returned to the	37954
custody of the department of rehabilitation and correction. If the	37955
escaped person under a community control sanction is not	37956
apprehended and returned to the custody of the department of	37957
~~mental health~~mental health and addiction services or the	37958
department of developmental disabilities within ninety days after	37959
the escape, the person under a community control sanction shall be	37960
discharged from the custody of the department of ~~mental health~~	37961
mental health and addiction services or the department of	37962
developmental disabilities and returned to the custody of the	37963
court that sentenced that person.	37964

Sec. 2981.01. (A) Forfeitures under this chapter shall be	37965
governed by all of the following purposes:	37966

(1) To provide economic disincentives and remedies to deter	37967
and offset the economic effect of offenses by seizing and	37968
forfeiting contraband, proceeds, and certain instrumentalities;	37969

(2) To ensure that seizures and forfeitures of	37970
instrumentalities are proportionate to the offense committed;	37971

(3) To protect third parties from wrongful forfeiture of	37972
their property;	37973

(4) To prioritize restitution for victims of offenses.

37974

(B) As used in this chapter:

37975

(1) "Aircraft" has the same meaning as in section 4561.01 of	37976
the Revised Code.	37977

(2) "Computers," "computer networks," "computer systems,"	37978
"computer software," and "telecommunications device" have the same	37979
meanings as in section 2913.01 of the Revised Code.	37980

(3) "Financial institution" means a bank, credit union,	37981
savings and loan association, or a licensee or registrant under	37982
Chapter 1321. of the Revised Code.	37983

(4) "Firearm" and "dangerous ordnance" have the same meanings	37984
as in section 2923.11 of the Revised Code.	37985

(5) "Innocent person" includes any bona fide purchaser of	37986
property that is subject to forfeiture, including any person who	37987
establishes a valid claim to or interest in the property in	37988
accordance with section 2923.04 of the Revised Code, and any	37989
victim of an alleged offense.	37990

(6) "Instrumentality" means property otherwise lawful to	37991
possess that is used in or intended to be used in an offense. An	37992
"instrumentality" may include, but is not limited to, a firearm, a	37993
mobile instrumentality, a computer, a computer network, a computer	37994
system, computer software, a telecommunications device, money, and	37995
any other means of exchange.	37996

(7) "Law enforcement agency" includes, but is not limited to,	37997
the state board of pharmacy, the enforcement division of the	37998
department of taxation, the Ohio casino control commission, and	37999
the office of the prosecutor.	38000

(8) "Mobile instrumentality" means an instrumentality that is	38001
inherently mobile and used in the routine transport of persons.	38002
"Mobile instrumentality" includes, but is not limited to, any	38003
vehicle, any watercraft, and any aircraft.	38004

(9) "Money" has the same meaning as in section 1301.201 of	38005
the Revised Code.	38006

(10) "Offense" means any act or omission that could be	38007
charged as a criminal offense or a delinquent act, whether or not	38008
a formal criminal prosecution or delinquent child proceeding began	38009
at the time the forfeiture is initiated. Except as otherwise	38010
specified, an offense for which property may be forfeited includes	38011
any felony and any misdemeanor. The commission of an "offense"	38012
includes the commission of a delinquent act.	38013

(11) "Proceeds" means both of the following:

38014

(a) In cases involving unlawful goods, services, or	38015
activities, "proceeds" means any property derived directly or	38016
indirectly from an offense. "Proceeds" may include, but is not	38017
limited to, money or any other means of exchange. "Proceeds" is	38018
not limited to the net gain or profit realized from the offense.	38019

(b) In cases involving lawful goods or services that are sold	38020
or provided in an unlawful manner, "proceeds" means the amount of	38021
money or other means of exchange acquired through the illegal	38022
transactions resulting in the forfeiture, less the direct costs	38023
lawfully incurred in providing the goods or services. The lawful	38024
costs deduction does not include any part of the overhead expenses	38025
of, or income taxes paid by, the entity providing the goods or	38026
services. The alleged offender or delinquent child has the burden	38027
to prove that any costs are lawfully incurred.	38028

(12) "Property" means "property" as defined in section	38029
2901.01 of the Revised Code and any benefit, privilege, claim,	38030
position, interest in an enterprise, or right derived, directly or	38031
indirectly, from the offense.	38032

(13) "Property subject to forfeiture" includes contraband and	38033
proceeds and may include instrumentalities as provided in this	38034
chapter.	38035

(14) "Prosecutor" has the same meaning as in section 2935.01	38036
of the Revised Code. When relevant, "prosecutor" also includes the	38037
attorney general.	38038

(15) "Vehicle" has the same meaning as in section 4501.01 of	38039
the Revised Code.	38040

(16) "Watercraft" has the same meaning as in section 1547.01	38041
of the Revised Code.	38042

(C) The penalties and procedures under Chapters 2923., 2925.,	38043
~~and~~ 2933., and 3772. of the Revised Code remain in effect to the	38044
extent that they do not conflict with this chapter.	38045

Sec. 2981.12. (A) Unclaimed or forfeited property in the	38046
custody of a law enforcement agency, other than property described	38047
in division (A)(2) of section 2981.11 of the Revised Code, shall	38048
be disposed of by order of any court of record that has	38049
territorial jurisdiction over the political subdivision that	38050
employs the law enforcement agency, as follows:	38051

(1) Drugs shall be disposed of pursuant to section 3719.11 of	38052
the Revised Code or placed in the custody of the secretary of the	38053
treasury of the United States for disposal or use for medical or	38054
scientific purposes under applicable federal law.	38055

(2) Firearms and dangerous ordnance suitable for police work	38056
may be given to a law enforcement agency for that purpose.	38057
Firearms suitable for sporting use or as museum pieces or	38058
collectors' items may be sold at public auction pursuant to	38059
division (B) of this section. The agency may sell other firearms	38060
and dangerous ordnance to a federally licensed firearms dealer in	38061
a manner that the court considers proper. The agency shall destroy	38062
any firearms or dangerous ordnance not given to a law enforcement	38063
agency or sold or shall send them to the bureau of criminal	38064
identification and investigation for destruction by the bureau.	38065

(3) Obscene materials shall be destroyed.

38066

(4) Beer, intoxicating liquor, or alcohol seized from a	38067
person who does not hold a permit issued under Chapters 4301. and	38068
4303. of the Revised Code or otherwise forfeited to the state for	38069
an offense under section 4301.45 or 4301.53 of the Revised Code	38070
shall be sold by the division of liquor control if the division	38071
determines that it is fit for sale or shall be placed in the	38072
custody of the investigations unit in the department of public	38073
safety and be used for training relating to law enforcement	38074
activities. The department, with the assistance of the division of	38075
liquor control, shall adopt rules in accordance with Chapter 119.	38076
of the Revised Code to provide for the distribution to state or	38077
local law enforcement agencies upon their request. If any tax	38078
imposed under Title XLIII of the Revised Code has not been paid in	38079
relation to the beer, intoxicating liquor, or alcohol, any moneys	38080
acquired from the sale shall first be used to pay the tax. All	38081
other money collected under this division shall be paid into the	38082
state treasury. Any beer, intoxicating liquor, or alcohol that the	38083
division determines to be unfit for sale shall be destroyed.	38084

(5) Money received by an inmate of a correctional institution	38085
from an unauthorized source or in an unauthorized manner shall be	38086
returned to the sender, if known, or deposited in the inmates'	38087
industrial and entertainment fund of the institution if the sender	38088
is not known.	38089

(6)(a) Any mobile instrumentality forfeited under this	38090
chapter may be given to the law enforcement agency that initially	38091
seized the mobile instrumentality for use in performing its	38092
duties, if the agency wants the mobile instrumentality. The agency	38093
shall take the mobile instrumentality subject to any security	38094
interest or lien on the mobile instrumentality.	38095

(b) Vehicles and vehicle parts forfeited under sections	38096
4549.61 to 4549.63 of the Revised Code may be given to a law	38097
enforcement agency for use in performing its duties. Those parts	38098
may be incorporated into any other official vehicle. Parts that do	38099
not bear vehicle identification numbers or derivatives of them may	38100
be sold or disposed of as provided by rules of the director of	38101
public safety. Parts from which a vehicle identification number or	38102
derivative of it has been removed, defaced, covered, altered, or	38103
destroyed and that are not suitable for police work or	38104
incorporation into an official vehicle shall be destroyed and sold	38105
as junk or scrap.	38106

(7) Computers, computer networks, computer systems, and	38107
computer software suitable for police work may be given to a law	38108
enforcement agency for that purpose or disposed of under division	38109
(B) of this section.	38110

(8) Money seized in connection with a violation of section	38111
2905.32, 2907.21, or 2907.22 of the Revised Code shall be	38112
deposited in the victims of human trafficking fund created by	38113
section 5101.87 of the Revised Code.	38114

(B) Unclaimed or forfeited property that is not described in	38115
division (A) of this section or division (A)(2) of section 2981.11	38116
of the Revised Code, with court approval, may be used by the law	38117
enforcement agency in possession of it. If it is not used by the	38118
agency, it may be sold without appraisal at a public auction to	38119
the highest bidder for cash or disposed of in another manner that	38120
the court considers proper.	38121

(C) Except as provided in divisions (A) and (F) of this	38122
section and after compliance with division (D) of this section	38123
when applicable, any moneys acquired from the sale of property	38124
disposed of pursuant to this section shall be placed in the	38125
general revenue fund of the state, or the general fund of the	38126
county, the township, or the municipal corporation of which the	38127
law enforcement agency involved is an agency.	38128

(D) If the property was in the possession of the law	38129
enforcement agency in relation to a delinquent child proceeding in	38130
a juvenile court, ten per cent of any moneys acquired from the	38131
sale of property disposed of under this section shall be applied	38132
to one or more ~~alcohol and drug~~community addiction treatment	38133
~~programs~~services providers that are certified by the department	38134
of ~~alcohol and drug addiction services~~mental health and addiction	38135
services under section ~~3793.06~~5119.36 of the Revised Code. A	38136
juvenile court shall not specify a ~~program~~services provider,	38137
except as provided in this division, unless the ~~program~~services	38138
provider is in the same county as the court or in a contiguous	38139
county. If no certified ~~program~~services provider is located in	38140
any of those counties, the juvenile court may specify a certified	38141
~~program~~services provider anywhere in Ohio. The remaining ninety	38142
per cent of the proceeds or cash shall be applied as provided in	38143
division (C) of this section.	38144

Each ~~treatment program~~services provider that receives in any	38145
calendar year forfeited money under this division shall file an	38146
annual report for that year with the attorney general and with the	38147
court of common pleas and board of county commissioners of the	38148
county in which the ~~program~~services provider is located and of	38149
any other county from which the ~~program~~services provider received	38150
forfeited money. The ~~program~~services provider shall file the	38151
report on or before the first day of March in the calendar year	38152
following the calendar year in which the ~~program~~services provider	38153
received the money. The report shall include statistics on the	38154
number of persons the ~~program~~services provider served, identify	38155
the types of treatment services it provided to them, and include a	38156
specific accounting of the purposes for which it used the money so	38157
received. No information contained in the report shall identify,	38158
or enable a person to determine the identity of, any person served	38159
by the ~~program~~services provider.	38160

(E) Each certified ~~alcohol and drug~~community addiction	38161
~~treatment program~~services provider that receives in any calendar	38162
year money under this section or under section 2981.13 of the	38163
Revised Code as the result of a juvenile forfeiture order shall	38164
file an annual report for that calendar year with the attorney	38165
general and with the court of common pleas and board of county	38166
commissioners of the county in which the ~~program~~services provider	38167
is located and of any other county from which the ~~program~~services	38168
provider received the money. The ~~program~~services provider shall	38169
file the report on or before the first day of March in the	38170
calendar year following the year in which the ~~program~~services	38171
provider received the money. The report shall include statistics	38172
on the number of persons served with the money, identify the types	38173
of treatment services provided, and specifically account for how	38174
the money was used. No information in the report shall identify or	38175
enable a person to determine the identity of anyone served by the	38176
~~program~~services provider.	38177

As used in this division, "juvenile-related forfeiture order"	38178
means any forfeiture order issued by a juvenile court under	38179
section 2981.04 or 2981.05 of the Revised Code and any disposal of	38180
property ordered by a court under section 2981.11 of the Revised	38181
Code regarding property that was in the possession of a law	38182
enforcement agency in relation to a delinquent child proceeding in	38183
a juvenile court.	38184

(F) Each board of county commissioners that recognizes a	38185
citizens' reward program under section 9.92 of the Revised Code	38186
shall notify each law enforcement agency of that county and of a	38187
township or municipal corporation wholly located in that county of	38188
the recognition by filing a copy of its resolution conferring that	38189
recognition with each of those agencies. When the board recognizes	38190
a citizens' reward program and the county includes a part, but not	38191
all, of the territory of a municipal corporation, the board shall	38192
so notify the law enforcement agency of that municipal corporation	38193
of the recognition of the citizens' reward program only if the	38194
county contains the highest percentage of the municipal	38195
corporation's population.	38196

Upon being so notified, each law enforcement agency shall pay	38197
twenty-five per cent of any forfeited proceeds or cash derived	38198
from each sale of property disposed of pursuant to this section to	38199
the citizens' reward program for use exclusively to pay rewards.	38200
No part of the funds may be used to pay expenses associated with	38201
the program. If a citizens' reward program that operates in more	38202
than one county or in another state in addition to this state	38203
receives funds under this section, the funds shall be used to pay	38204
rewards only for tips and information to law enforcement agencies	38205
concerning offenses committed in the county from which the funds	38206
were received.	38207

Receiving funds under this section or section 2981.11 of the	38208
Revised Code does not make the citizens' reward program a	38209
governmental unit or public office for purposes of section 149.43	38210
of the Revised Code.	38211

(G) Any property forfeited under this chapter shall not be	38212
used to pay any fine imposed upon a person who is convicted of or	38213
pleads guilty to an underlying criminal offense or a different	38214
offense arising out of the same facts and circumstances.	38215

(H) Any moneys acquired from the sale of personal effects,	38216
tools, or other property seized because the personal effects,	38217
tools, or other property were used in the commission of a	38218
violation of section 2905.32, 2907.21, or 2907.22 of the Revised	38219
Code or derived from the proceeds of the commission of a violation	38220
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and	38221
disposed of pursuant to this section shall be placed in the	38222
victims of human trafficking fund created by section 5101.87 of	38223
the Revised Code.	38224

Sec. 2981.13. (A) Except as otherwise provided in this	38225
section, property ordered forfeited as contraband, proceeds, or an	38226
instrumentality pursuant to this chapter shall be disposed of,	38227
used, or sold pursuant to section 2981.12 of the Revised Code. If	38228
the property is to be sold under that section, the prosecutor	38229
shall cause notice of the proposed sale to be given in accordance	38230
with law.	38231

(B) If the contraband or instrumentality forfeited under this	38232
chapter is sold, any moneys acquired from a sale and any proceeds	38233
forfeited under this chapter shall be applied in the following	38234
order:	38235

(1) First, to pay costs incurred in the seizure, storage,	38236
maintenance, security, and sale of the property and in the	38237
forfeiture proceeding;	38238

(2) Second, in a criminal forfeiture case, to satisfy any	38239
restitution ordered to the victim of the offense or, in a civil	38240
forfeiture case, to satisfy any recovery ordered for the person	38241
harmed, unless paid from other assets;	38242

(3) Third, to pay the balance due on any security interest	38243
preserved under this chapter;	38244

(4) Fourth, apply the remaining amounts as follows:

38245

(a) If the forfeiture was ordered by a juvenile court, ten	38246
per cent to one or more certified alcohol and drug addiction	38247
treatment programs as provided in division (D) of section 2981.12	38248
of the Revised Code;	38249

(b) If the forfeiture was ordered in a juvenile court, ninety	38250
per cent, and if the forfeiture was ordered in a court other than	38251
a juvenile court, one hundred per cent to the law enforcement	38252
trust fund of the prosecutor and to the following fund supporting	38253
the law enforcement agency that substantially conducted the	38254
investigation: the law enforcement trust fund of the county	38255
sheriff, municipal corporation, township, or park district created	38256
under section 511.18 or 1545.01 of the Revised Code; the state	38257
highway patrol contraband, forfeiture, and other fund; the	38258
department of public safety investigative unit contraband,	38259
forfeiture, and other fund; the department of taxation enforcement	38260
fund; the board of pharmacy drug law enforcement fund created by	38261
division (B)(1) of section 4729.65 of the Revised Code; the	38262
medicaid fraud investigation and prosecution fund; the casino	38263
control commission enforcement fund created by section 3772.36 of	38264
the Revised Code; or the treasurer of state for deposit into the	38265
peace officer training commission fund if any other state law	38266
enforcement agency substantially conducted the investigation. In	38267
the case of property forfeited for medicaid fraud, any remaining	38268
amount shall be used by the attorney general to investigate and	38269
prosecute medicaid fraud offenses.	38270

If the prosecutor declines to accept any of the remaining	38271
amounts, the amounts shall be applied to the fund of the agency	38272
that substantially conducted the investigation.	38273

(c) If more than one law enforcement agency is substantially	38274
involved in the seizure of property forfeited under this chapter,	38275
the court ordering the forfeiture shall equitably divide the	38276
amounts, after calculating any distribution to the law enforcement	38277
trust fund of the prosecutor pursuant to division (B)(4) of this	38278
section, among the entities that the court determines were	38279
substantially involved in the seizure.	38280

(C)(1) A law enforcement trust fund shall be established by	38281
the prosecutor of each county who intends to receive any remaining	38282
amounts pursuant to this section, by the sheriff of each county,	38283
by the legislative authority of each municipal corporation, by the	38284
board of township trustees of each township that has a township	38285
police department, township or joint police district police force,	38286
or office of the constable, and by the board of park commissioners	38287
of each park district created pursuant to section 511.18 or	38288
1545.01 of the Revised Code that has a park district police force	38289
or law enforcement department, for the purposes of this section.	38290

There is hereby created in the state treasury the state	38291
highway patrol contraband, forfeiture, and other fund, the	38292
department of public safety investigative unit contraband,	38293
forfeiture, and other fund, the medicaid fraud investigation and	38294
prosecution fund, the department of taxation enforcement fund, and	38295
the peace officer training commission fund, for the purposes of	38296
this section.	38297

Amounts distributed to any municipal corporation, township,	38298
or park district law enforcement trust fund shall be allocated	38299
from the fund by the legislative authority only to the police	38300
department of the municipal corporation, by the board of township	38301
trustees only to the township police department, township police	38302
district police force, or office of the constable, by the joint	38303
police district board only to the joint police district, and by	38304
the board of park commissioners only to the park district police	38305
force or law enforcement department.	38306

(2)(a) No amounts shall be allocated to a fund created under	38307
this section or used by an agency unless the agency has adopted a	38308
written internal control policy that addresses the use of moneys	38309
received from the appropriate fund. The appropriate fund shall be	38310
expended only in accordance with that policy and, subject to the	38311
requirements specified in this section, only for the following	38312
purposes:	38313

(i) To pay the costs of protracted or complex investigations	38314
or prosecutions;	38315

(ii) To provide reasonable technical training or expertise;

38316

(iii) To provide matching funds to obtain federal grants to	38317
aid law enforcement, in the support of DARE programs or other	38318
programs designed to educate adults or children with respect to	38319
the dangers associated with the use of drugs of abuse;	38320

(iv) To pay the costs of emergency action taken under section	38321
3745.13 of the Revised Code relative to the operation of an	38322
illegal methamphetamine laboratory if the forfeited property or	38323
money involved was that of a person responsible for the operation	38324
of the laboratory;	38325

(v) For other law enforcement purposes that the	38326
superintendent of the state highway patrol, department of public	38327
safety, prosecutor, county sheriff, legislative authority,	38328
department of taxation, Ohio casino control commission, board of	38329
township trustees, or board of park commissioners determines to be	38330
appropriate.	38331

(b) The board of pharmacy drug law enforcement fund shall be	38332
expended only in accordance with the written internal control	38333
policy so adopted by the board and only in accordance with section	38334
4729.65 of the Revised Code, except that it also may be expended	38335
to pay the costs of emergency action taken under section 3745.13	38336
of the Revised Code relative to the operation of an illegal	38337
methamphetamine laboratory if the forfeited property or money	38338
involved was that of a person responsible for the operation of the	38339
laboratory.	38340

(c) The state highway patrol contraband, forfeiture, and	38341
other fund, the department of public safety investigative unit	38342
contraband, forfeiture, and other fund, the department of taxation	38343
enforcement fund, the board of pharmacy drug law enforcement fund,	38344
the casino control commission enforcement fund, and a law	38345
enforcement trust fund shall not be used to meet the operating	38346
costs of the state highway patrol, of the investigative unit of	38347
the department of public safety, of the state board of pharmacy,	38348
of any political subdivision, of the Ohio casino control	38349
commission, or of any office of a prosecutor or county sheriff	38350
that are unrelated to law enforcement.	38351

(d) Forfeited moneys that are paid into the state treasury to	38352
be deposited into the peace officer training commission fund shall	38353
be used by the commission only to pay the costs of peace officer	38354
training.	38355

(3) Any of the following offices or agencies that receive	38356
amounts under this section during any calendar year shall file a	38357
report with the specified entity, not later than the thirty-first	38358
day of January of the next calendar year, verifying that the	38359
moneys were expended only for the purposes authorized by this	38360
section or other relevant statute and specifying the amounts	38361
expended for each authorized purpose:	38362

(a) Any sheriff or prosecutor shall file the report with the	38363
county auditor.	38364

(b) Any municipal corporation police department shall file	38365
the report with the legislative authority of the municipal	38366
corporation.	38367

(c) Any township police department, township or joint police	38368
district police force, or office of the constable shall file the	38369
report with the board of township trustees of the township.	38370

(d) Any park district police force or law enforcement	38371
department shall file the report with the board of park	38372
commissioners of the park district.	38373

(e) The superintendent of the state highway patrol and the	38374
tax commissioner shall file the report with the attorney general.	38375

(f) The executive director of the state board of pharmacy	38376
shall file the report with the attorney general, verifying that	38377
cash and forfeited proceeds paid into the board of pharmacy drug	38378
law enforcement fund were used only in accordance with section	38379
4729.65 of the Revised Code.	38380

(g) The peace officer training commission shall file a report	38381
with the attorney general, verifying that cash and forfeited	38382
proceeds paid into the peace officer training commission fund	38383
pursuant to this section during the prior calendar year were used	38384
by the commission during the prior calendar year only to pay the	38385
costs of peace officer training.	38386

(h) The executive director of the Ohio casino control	38387
commission shall file the report with the attorney general,	38388
verifying that cash and forfeited proceeds paid into the casino	38389
control commission enforcement fund were used only in accordance	38390
with section 3772.36 of the Revised Code.	38391

(D) The written internal control policy of a county sheriff,	38392
prosecutor, municipal corporation police department, township	38393
police department, township or joint police district police force,	38394
office of the constable, or park district police force or law	38395
enforcement department shall provide that at least ten per cent of	38396
the first one hundred thousand dollars of amounts deposited during	38397
each calendar year in the agency's law enforcement trust fund	38398
under this section, and at least twenty per cent of the amounts	38399
exceeding one hundred thousand dollars that are so deposited,	38400
shall be used in connection with community preventive education	38401
programs. The manner of use shall be determined by the sheriff,	38402
prosecutor, department, police force, or office of the constable	38403
after receiving and considering advice on appropriate community	38404
preventive education programs from the county's board of alcohol,	38405
drug addiction, and mental health services, from the county's	38406
alcohol and drug addiction services board, or through appropriate	38407
community dialogue.	38408

The financial records kept under the internal control policy	38409
shall specify the amount deposited during each calendar year in	38410
the portion of that amount that was used pursuant to this	38411
division, and the programs in connection with which the portion of	38412
that amount was so used.	38413

As used in this division, "community preventive education	38414
programs" include, but are not limited to, DARE programs and other	38415
programs designed to educate adults or children with respect to	38416
the dangers associated with using drugs of abuse.	38417

(E) Upon the sale, under this section or section 2981.12 of	38418
the Revised Code, of any property that is required by law to be	38419
titled or registered, the state shall issue an appropriate	38420
certificate of title or registration to the purchaser. If the	38421
state is vested with title and elects to retain property that is	38422
required to be titled or registered under law, the state shall	38423
issue an appropriate certificate of title or registration.	38424

(F) Any failure of a law enforcement officer or agency,	38425
prosecutor, court, or the attorney general to comply with this	38426
section in relation to any property seized does not affect the	38427
validity of the seizure and shall not be considered to be the	38428
basis for suppressing any evidence resulting from the seizure,	38429
provided the seizure itself was lawful.	38430

Sec. 3101.051. (A) Except as provided in division (B) of	38431
this section, a probate court shall make available to any person	38432
for inspection the records pertaining to the issuance of marriage	38433
licenses as provided under section 149.43 of the Revised Code.	38434

(B) Before it makes available to a person any records	38435
pertaining to the issuance of a marriage license as described in	38436
division (A) of this section, subject to division (C) of this	38437
section, a probate court shall delete or otherwise remove any	38438
social security numbers of the parties to a marriage so that they	38439
are not available to the person inspecting the records.	38440

(C) Division (B) of this section does not apply in any of the	38441
following circumstances:	38442

(1) If the records in question are inspected by authorized	38443
personnel of the division of child support in the department of	38444
job and family services under section ~~5101.31~~5101.37 of the	38445
Revised Code;	38446

(2) If the records in question are inspected by law	38447
enforcement personnel for purposes of a criminal investigation;	38448

(3) If the records in question with the social security	38449
numbers are necessary for use in a civil or criminal trial and the	38450
release of the records with the social security numbers is ordered	38451
by a court with jurisdiction over the trial;	38452

(4) If the records in question are inspected by either party	38453
to the marriage to which the records pertain;	38454

(5) If the court possessed the records in question prior to	38455
the effective date of this section.	38456

Sec. 3107.083. Not later than ninety days after June 20,	38457
1996, the director of job and family services shall do all of the	38458
following:	38459

(A)(1) For a parent of a child who, if adopted, will be an	38460
adopted person as defined in section 3107.45 of the Revised Code,	38461
prescribe a form that has the following six components:	38462

(a) A component the parent signs under section 3107.071,	38463
3107.081, or 5103.151 of the Revised Code to indicate the	38464
requirements of section 3107.082 or 5103.152 of the Revised Code	38465
have been met. The component shall be as follows:	38466

"Statement Concerning Ohio Law and Adoption Materials	38467

By signing this component of this form, I acknowledge that it	38468
has been explained to me, and I understand, that, if I check the	38469
space on the next component of this form that indicates that I	38470
authorize the release, the adoption file maintained by the Ohio	38471
Department of Health, which contains identifying information about	38472
me at the time of my child's birth, will be released, on request,	38473
to the adoptive parent when the adoptee is at least age eighteen	38474
but younger than age twenty-one and to the adoptee when he or she	38475
is age twenty-one or older. It has also been explained to me, and	38476
I understand, that I may prohibit the release of identifying	38477
information about me contained in the adoption file by checking	38478
the space on the next component of this form that indicates that I	38479
do not authorize the release of the identifying information. It	38480
has additionally been explained to me, and I understand, that I	38481
may change my mind regarding the decision I make on the next	38482
component of this form at any time and as many times as I desire	38483
by signing, dating, and having filed with the Ohio Department of	38484
Health a denial of release form or authorization of release form	38485
prescribed and provided by the Department of Health and providing	38486
the Department two items of identification.	38487

By signing this component of this form, I also acknowledge	38488
that I have been provided a copy of written materials about	38489
adoption prepared by the Ohio Department of Job and Family	38490
Services, the adoption process and ramifications of consenting to	38491
adoption or entering into a voluntary permanent custody surrender	38492
agreement have been discussed with me, and I have been provided	38493
the opportunity to review the materials and ask questions about	38494
the materials and discussion.	38495

Signature of biological parent:		38496
Signature of witness:		38497
Date:	"	38498

(b) A component the parent signs under section 3107.071,	38499
3107.081, or 5103.151 of the Revised Code regarding the parent's	38500
decision whether to allow identifying information about the parent	38501
contained in an adoption file maintained by the department of	38502
health to be released to the parent's child and adoptive parent	38503
pursuant to section 3107.47 of the Revised Code. The component	38504
shall be as follows:	38505

"Statement Regarding Release of Identifying Information	38506

The purpose of this component of this form is to allow a	38507
biological parent to decide whether to allow the Ohio Department	38508
of Health to provide an adoptee and adoptive parent identifying	38509
information about the adoptee's biological parent contained in an	38510
adoption file maintained by the Department. Please check one of	38511
the following spaces:	38512

	......		YES, I authorize the Ohio Department of Health to release identifying information about me, on request, to the adoptive parent when the adoptee is at least age eighteen but younger than age twenty-one and to the adoptee when he or she is age twenty-one or older.		38513
	......		NO, I do not authorize the release of identifying information about me to the adoptive parent or adoptee.		38514

Signature of biological parent:		38515
Signature of witness:		38516
Date:	"	38517

(c) A component the parent, if the mother of the child,	38518
completes and signs under section 3107.071, 3107.081, or 5103.151	38519
of the Revised Code to indicate, to the extent of the mother's	38520
knowledge, all of the following:	38521

(i) Whether the mother, during her pregnancy, was a recipient	38522
of the ~~medical assistance~~medicaid program ~~established under~~	38523
~~Chapter 5111. of the Revised Code~~ or other public health insurance	38524
program and, if so, the dates her eligibility began and ended;	38525

(ii) Whether the mother, during her pregnancy, was covered by	38526
private health insurance and, if so, the dates the coverage began	38527
and ended, the name of the insurance provider, the type of	38528
coverage, and the identification number of the coverage;	38529

(iii) The name and location of the hospital, freestanding	38530
~~birth~~birthing center, or other place where the mother gave birth	38531
and, if different, received medical care immediately after giving	38532
birth;	38533

(iv) The expenses of the obstetrical and neonatal care;

38534

(v) Whether the mother has been informed that the adoptive	38535
parent or the agency or attorney arranging the adoption are to pay	38536
expenses involved in the adoption, including expenses the mother	38537
has paid and expects to receive or has received reimbursement,	38538
and, if so, what expenses are to be or have been paid and an	38539
estimate of the expenses;	38540

(vi) Any other information related to expenses the department	38541
determines appropriate to be included in this component.	38542

(d) A component the parent may sign to authorize the agency	38543
or attorney arranging the adoption to provide to the child or	38544
adoptive parent materials, other than photographs of the parent,	38545
that the parent requests be given to the child or adoptive parent	38546
pursuant to section 3107.68 of the Revised Code.	38547

(e) A component the parent may sign to authorize the agency	38548
or attorney arranging the adoption to provide to the child or	38549
adoptive parent photographs of the parent pursuant to section	38550
3107.68 of the Revised Code.	38551

(f) A component the parent may sign to authorize the agency	38552
or attorney arranging the adoption to provide to the child or	38553
adoptive parent the first name of the parent pursuant to section	38554
3107.68 of the Revised Code.	38555

(2) State at the bottom of the form that the parent is to	38556
receive a copy of the form the parent signed.	38557

(3) Provide copies of the form prescribed under this division	38558
to probate and juvenile courts, public children services agencies,	38559
private child placing agencies, private noncustodial agencies,	38560
attorneys, and persons authorized to take acknowledgments.	38561

(B)(1) For a parent of a child who, if adopted, will become	38562
an adopted person as defined in section 3107.39 of the Revised	38563
Code, prescribe a form that has the following five components:	38564

(a) A component the parent signs under section 3107.071,	38565
3107.081, or 5103.151 of the Revised Code to attest that the	38566
requirement of division (A) of section 3107.082 or division (A) of	38567
section 5103.152 of the Revised Code has been met;	38568

(b) A component the parent, if the mother of the child,	38569
completes and signs under section 3107.071, 3107.081, or 5103.151	38570
of the Revised Code to indicate, to the extent of the mother's	38571
knowledge, all of the following:	38572

(i) Whether the mother, during her pregnancy, was a recipient	38573
of the ~~medical assistance~~medicaid program ~~established under~~	38574
~~Chapter 5111. of the Revised Code~~ or other public health insurance	38575
program and, if so, the dates her eligibility began and ended;	38576

(ii) Whether the mother, during her pregnancy, was covered by	38577
private health insurance and, if so, the dates the coverage began	38578
and ended, the name of the insurance provider, the type of	38579
coverage, and the identification number of the coverage;	38580

(iii) The name and location of the hospital, freestanding	38581
~~birth~~birthing center, or other place where the mother gave birth	38582
and, if different, received medical care immediately after giving	38583
birth;	38584

(iv) The expenses of the obstetrical and neonatal care;

38585

(v) Whether the mother has been informed that the adoptive	38586
parent or the agency or attorney arranging the adoption are to pay	38587
expenses involved in the adoption, including expenses the mother	38588
has paid and expects to receive or has received reimbursement for,	38589
and, if so, what expenses are to be or have been paid and an	38590
estimate of the expenses;	38591

(vi) Any other information related to expenses the department	38592
determines appropriate to be included in the component.	38593

(c) A component the parent may sign to authorize the agency	38594
or attorney arranging the adoption to provide to the child or	38595
adoptive parent materials, other than photographs of the parent,	38596
that the parent requests be given to the child or adoptive parent	38597
pursuant to section 3107.68 of the Revised Code.	38598

(d) A component the parent may sign to authorize the agency	38599
or attorney arranging the adoption to provide to the child or	38600
adoptive parent photographs of the parent pursuant to section	38601
3107.68 of the Revised Code.	38602

(e) A component the parent may sign to authorize the agency	38603
or attorney arranging the adoption to provide to the child or	38604
adoptive parent the first name of the parent pursuant to section	38605
3107.68 of the Revised Code.	38606

(2) State at the bottom of the form that the parent is to	38607
receive a copy of the form the parent signed.	38608

(3) Provide copies of the form prescribed under this division	38609
to probate and juvenile courts, public children services agencies,	38610
private child placing agencies, private noncustodial agencies, and	38611
attorneys.	38612

(C) Prepare the written materials about adoption that are	38613
required to be given to parents under division (A) of section	38614
3107.082 and division (A) of section 5103.152 of the Revised Code.	38615
The materials shall provide information about the adoption	38616
process, including ramifications of a parent consenting to a	38617
child's adoption or entering into a voluntary permanent custody	38618
surrender agreement. The materials also shall include referral	38619
information for professional counseling and adoption support	38620
organizations. The director shall provide the materials to	38621
assessors.	38622

(D) Adopt rules in accordance with Chapter 119. of the	38623
Revised Code specifying the documents that must be filed with a	38624
probate court under divisions (B) and (D) of section 3107.081 of	38625
the Revised Code and a juvenile court under divisions (C) and (E)	38626
of section 5103.151 of the Revised Code.	38627

Sec. 3109.15. There is hereby created within the department	38628
of job and family services the children's trust fund board	38629
consisting of fifteen members. The directors of ~~alcohol and drug~~	38630
~~addiction services~~mental health and addiction services, health,	38631
and job and family services shall be members of the board. Eight	38632
public members shall be appointed by the governor. These members	38633
shall be persons with demonstrated knowledge in programs for	38634
children, shall be representative of the demographic composition	38635
of this state, and, to the extent practicable, shall be	38636
representative of the following categories: the educational	38637
community; the legal community; the social work community; the	38638
medical community; the voluntary sector; and professional	38639
providers of child abuse and child neglect services. Five of these	38640
members shall be residents of metropolitan statistical areas as	38641
defined by the United States office of management and budget where	38642
the population exceeds four hundred thousand; no two such members	38643
shall be residents of the same metropolitan statistical area. Two	38644
members of the board shall be members of the house of	38645
representatives appointed by the speaker of the house of	38646
representatives and shall be members of two different political	38647
parties. Two members of the board shall be members of the senate	38648
appointed by the president of the senate and shall be members of	38649
two different political parties. All members of the board	38650
appointed by the speaker of the house of representatives or the	38651
president of the senate shall serve until the expiration of the	38652
sessions of the general assembly during which they were appointed.	38653
They may be reappointed to an unlimited number of successive terms	38654
of two years at the pleasure of the speaker of the house of	38655
representatives or president of the senate. Public members shall	38656
serve terms of three years. Each member shall serve until the	38657
member's successor is appointed, or until a period of sixty days	38658
has elapsed, whichever occurs first. No public member may serve	38659
more than two consecutive full terms. All vacancies on the board	38660
shall be filled for the balance of the unexpired term in the same	38661
manner as the original appointment.	38662

Any member of the board may be removed by the member's	38663
appointing authority for misconduct, incompetency, or neglect of	38664
duty after first being given the opportunity to be heard in the	38665
member's own behalf. Pursuant to section 3.17 of the Revised Code,	38666
a member, except a member of the general assembly or a judge of	38667
any court in the state, who fails to attend at least three-fifths	38668
of the regular and special meetings held by the board during any	38669
two-year period forfeits the member's position on the board.	38670

Each member of the board shall serve without compensation but	38671
shall be reimbursed for all actual and necessary expenses incurred	38672
in the performance of official duties.	38673

At the beginning of the first year of each even-numbered	38674
general assembly, the chairperson of the board shall be appointed	38675
by the speaker of the house of representatives from among members	38676
of the board who are members of the house of representatives. At	38677
the beginning of the first year of each odd-numbered general	38678
assembly, the chairperson of the board shall be appointed by the	38679
president of the senate from among the members of the board who	38680
are senate members.	38681

The board shall biennially select a vice-chair from among its	38682
nonlegislative members.	38683

Sec. 3111.04. (A) An action to determine the existence or	38684
nonexistence of the father and child relationship may be brought	38685
by the child or the child's personal representative, the child's	38686
mother or her personal representative, a man alleged or alleging	38687
himself to be the child's father, the child support enforcement	38688
agency of the county in which the child resides if the child's	38689
mother, father, or alleged father is a recipient of public	38690
assistance or of services under Title IV-D of the "Social Security	38691
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	38692
alleged father's personal representative.	38693

(B) An agreement does not bar an action under this section.

38694

(C) If an action under this section is brought before the	38695
birth of the child and if the action is contested, all	38696
proceedings, except service of process and the taking of	38697
depositions to perpetuate testimony, may be stayed until after the	38698
birth.	38699

(D) A recipient of public assistance or of services under	38700
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	38701
U.S.C.A. 651, as amended, shall cooperate with the child support	38702
enforcement agency of the county in which a child resides to	38703
obtain an administrative determination pursuant to sections	38704
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	38705
determination pursuant to sections 3111.01 to 3111.18 of the	38706
Revised Code, of the existence or nonexistence of a parent and	38707
child relationship between the father and the child. If the	38708
recipient fails to cooperate, the agency may commence an action to	38709
determine the existence or nonexistence of a parent and child	38710
relationship between the father and the child pursuant to sections	38711
3111.01 to 3111.18 of the Revised Code.	38712

(E) As used in this section, "public assistance" means all of	38713
the following:	38714

(1) Medicaid ~~under Chapter 5111. of the Revised Code~~;

38715

(2) Ohio works first under Chapter 5107. of the Revised Code;

38716

(3) Disability financial assistance under Chapter 5115. of	38717
the Revised Code.	38718

Sec. 3111.72. The contract between the department of job and	38719
family services and a local hospital shall require all of the	38720
following:	38721

(A) That the hospital provide a staff person to meet with	38722
each unmarried mother who gave birth in or en route to the	38723
hospital within twenty-four hours of the birth or before the	38724
mother is released from the hospital;	38725

(B) That the staff person attempt to meet with the father of	38726
the unmarried mother's child if possible;	38727

(C) That the staff person explain to the unmarried mother and	38728
the father, if he is present, the benefit to the child of	38729
establishing a parent and child relationship between the father	38730
and the child and the various proper procedures for establishing a	38731
parent and child relationship;	38732

(D) That the staff person present to the unmarried mother	38733
and, if possible, the father, the pamphlet or statement regarding	38734
the rights and responsibilities of a natural parent that is	38735
prepared and provided by the department of job and family services	38736
pursuant to section 3111.32 of the Revised Code;	38737

(E) That the staff person provide the mother and, if	38738
possible, the father, all forms and statements necessary to	38739
voluntarily establish a parent and child relationship, including,	38740
but not limited to, the acknowledgment of paternity affidavit	38741
prepared by the department of job and family services pursuant to	38742
section 3111.31 of the Revised Code;	38743

(F) That the staff person, at the request of both the mother	38744
and father, help the mother and father complete any form or	38745
statement necessary to establish a parent and child relationship;	38746

(G) That the hospital provide a notary public to notarize an	38747
acknowledgment of paternity affidavit signed by the mother and	38748
father;	38749

(H) That the staff person present to an unmarried mother who	38750
is not participating in the Ohio works first program established	38751
under Chapter 5107. of the Revised Code or receiving ~~medical~~	38752
~~assistance under Chapter 5111. of the Revised Code~~medicaid an	38753
application for Title IV-D services;	38754

(I) That the staff person forward any completed	38755
acknowledgment of paternity, no later than ten days after it is	38756
completed, to the office of child support in the department of job	38757
and family services;	38758

(J) That the department of job and family services pay the	38759
hospital twenty dollars for every correctly signed and notarized	38760
acknowledgment of paternity affidavit from the hospital.	38761

Sec. 3119.29. (A) As used in this section and sections	38762
3119.30 to 3119.56 of the Revised Code:	38763

(1) "Cash medical support" means an amount ordered to be paid	38764
in a child support order toward the cost of health insurance	38765
provided by a public entity, another parent, or person with whom	38766
the child resides, through employment or otherwise, or for other	38767
medical cost not covered by insurance.	38768

(2) "Federal poverty line" has the same meaning as defined in	38769
section 5104.01 of the Revised Code.	38770

(3) "Health care" means such medical support that includes	38771
coverage under a health insurance plan, payment of costs of	38772
premiums, ~~co-payments~~copayments, and deductibles, or payment for	38773
medical expenses incurred on behalf of the child.	38774

(4) "Health insurance coverage" means accessible private	38775
health insurance that provides primary care services within thirty	38776
miles from the residence of the child subject to the child support	38777
order.	38778

(5) "Health plan administrator" means any entity authorized	38779
under Title XXXIX of the Revised Code to engage in the business of	38780
insurance in this state, any health insuring corporation, any	38781
legal entity that is self-insured and provides benefits to its	38782
employees or members, and the administrator of any such entity or	38783
corporation.	38784

(6) "National medical support notice" means a form required	38785
by the "Child Support Performance and Incentive Act of 1998," P.L.	38786
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and	38787
jointly developed and promulgated by the secretary of health and	38788
human services and the secretary of labor in federal regulations	38789
adopted under that act as modified by the department of job and	38790
family services under section 3119.291 of the Revised Code.	38791

(7) "Person required to provide health insurance coverage"	38792
means the obligor, obligee, or both, required by the court under a	38793
court child support order or by the child support enforcement	38794
agency under an administrative child support order to provide	38795
health insurance coverage pursuant to section 3119.30 of the	38796
Revised Code.	38797

(8) Subject to division (B) of this section, "reasonable	38798
cost" means the contributing cost of private family health	38799
insurance to the person responsible for the health care of the	38800
children subject to the child support order that does not exceed	38801
an amount equal to five per cent of the annual gross income of	38802
that person.	38803

(9) "Title XIX" has the same meaning as ~~defined~~ in section	38804
~~5111.20~~5165.01 of the Revised Code.	38805

(B) If the United States secretary of health and human	38806
services issues a regulation defining "reasonable cost" or a	38807
similar term or phrase relevant to the provisions in child support	38808
orders relating to the provision of health care for children	38809
subject to the orders, and if that definition is substantively	38810
different from the meaning of "reasonable cost" as defined in	38811
division (A) of this section, "reasonable cost" as used in this	38812
section shall have the meaning as defined by the United States	38813
secretary of health and human services.	38814

Sec. 3119.54. A party to a child support order issued in	38815
accordance with section 3119.30 of the Revised Code shall notify	38816
any physician, hospital, or other provider of medical services	38817
that provides medical services to the child who is the subject of	38818
the child support order of the number of any health insurance or	38819
health care policy, contract, or plan that covers the child if the	38820
child is eligible for ~~medical assistance under Chapter 5111. of~~	38821
~~the Revised Code~~medicaid. The party shall include in the notice	38822
the name and address of the insurer. Any physician, hospital, or	38823
other provider of medical services ~~for which medical assistance is~~	38824
~~available under Chapter 5111. of the Revised Code~~covered by the	38825
medicaid program who is notified under this section of the	38826
existence of a health insurance or health care policy, contract,	38827
or plan with coverage for children who are eligible for ~~medical~~	38828
~~assistance~~medicaid shall first bill the insurer for any services	38829
provided for those children. If the insurer fails to pay all or	38830
any part of a claim filed under this section and the services for	38831
which the claim is filed are covered by ~~Chapter 5111. of the~~	38832
~~Revised Code~~the medicaid program, the physician, hospital, or	38833
other medical services provider shall bill the remaining unpaid	38834
costs of the services ~~in accordance with Chapter 5111. of the~~	38835
~~Revised Code~~to the medicaid program.	38836

Sec. 3121.441. (A) Notwithstanding the provisions of this	38837
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	38838
and 5107.20 of the Revised Code providing for the office of child	38839
support in the department of job and family services to collect,	38840
withhold, or deduct spousal support, when a court pursuant to	38841
section 3105.18 or 3105.65 of the Revised Code issues or modifies	38842
an order requiring an obligor to pay spousal support or grants or	38843
modifies a decree of dissolution of marriage incorporating a	38844
separation agreement that provides for spousal support, or at any	38845
time after the issuance, granting, or modification of an order or	38846
decree of that type, the court may permit the obligor to make the	38847
spousal support payments directly to the obligee instead of to the	38848
office if the obligee and the obligor have no minor children born	38849
as a result of their marriage and the obligee has not assigned the	38850
spousal support amounts to the department pursuant to section	38851
~~5101.59 or~~ 5107.20 or 5160.38 of the Revised Code.	38852

(B) A court that permits an obligor to make spousal support	38853
payments directly to the obligee pursuant to division (A) of this	38854
section shall order the obligor to make the spousal support	38855
payments as a check, as a money order, or in any other form that	38856
establishes a clear record of payment.	38857

(C) If a court permits an obligor to make spousal support	38858
payments directly to an obligee pursuant to division (A) of this	38859
section and the obligor is in default in making any spousal	38860
support payment to the obligee, the court, upon motion of the	38861
obligee or on its own motion, may rescind the permission granted	38862
under that division. After the rescission, the court shall	38863
determine the amount of arrearages in the spousal support payments	38864
and order the obligor to make to the office of child support in	38865
the department of job and family services any spousal support	38866
payments that are in arrears and any future spousal support	38867
payments. Upon the issuance of the order of the court under this	38868
division, the provisions of this chapter, Chapters 3119., 3123.,	38869
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	38870
apply with respect to the collection, withholding, or deduction of	38871
the obligor's spousal support payments that are the subject of	38872
that order of the court.	38873

Sec. 3121.89. As used in sections 3121.891 to 3121.8911 of	38874
the Revised Code:	38875

(A) "Contractor" means an individual who provides services to	38876
an employer as an independent contractor for compensation that is	38877
reported as income other than wages and who is an individual, the	38878
sole shareholder of a corporation, or the sole member of a limited	38879
liability company. "Contractor" does not include any of the	38880
following:	38881

(1) An individual performing intelligence or	38882
counterintelligence functions for a state agency if the head of	38883
the agency has determined that reporting pursuant to this section	38884
could endanger the safety of the individual or compromise an	38885
ongoing investigation or intelligence mission;	38886

(2) A professionally licensed person who is providing	38887
services to the employer under that license;	38888

(3) An individual who will receive for the services provided	38889
under the contract compensation of less than two thousand five	38890
hundred dollars per year or a greater amount that the director of	38891
job and family services establishes by rule adopted under section	38892
3121.896 of the Revised Code.	38893

(B) "Employee" means an individual who is employed to provide	38894
services to an employer for compensation that is reported as	38895
income from wages. "Employee" does not include an individual	38896
performing intelligence or counterintelligence functions for a	38897
state agency, if the head of the agency has determined that	38898
reporting pursuant to this section could endanger the safety of	38899
the employee or compromise an ongoing investigation or	38900
intelligence mission.	38901

(C) "Employer" means any person or governmental entity other	38902
than the federal government for which an individual performs any	38903
service, of whatever nature, as the employee or contractor of such	38904
person, except that:	38905

(1) If the person for whom the individual performs services	38906
does not have control of the payment of compensation for the	38907
services, "employer" means the person having control of the	38908
payment of the compensation.	38909

(2) In the case of a person paying compensation on behalf of	38910
a nonresident alien individual, foreign partnership, or foreign	38911
corporation not engaged in trade or business within the United	38912
States, "employer" means the person paying the compensation.	38913

(3) In the case of compensation paid to a contractor,	38914
"employer" does not include any person or entity that lacks a	38915
federal employer identification number.	38916

(D) "Newly hired employee" means either of the following:

38917

(1) An employee who has not previously been employed by the	38918
employer;	38919

(2) An employee who was previously employed by an employer	38920
but has been separated from that prior employment for at least	38921
sixty consecutive days.	38922

(E) "Professionally licensed person" has the same meaning as	38923
in section 2925.01 of the Revised Code.	38924

Sec. 3121.891. (A) Except as provided in division (B) or (C)	38925
of this section, every employer shall make a new hire report to	38926
the department of job and family services regarding ~~the hiring,~~	38927
~~rehiring, or return to work as an~~a newly hired employee or a	38928
contractor of a person who resides, works, or will be assigned to	38929
work in this state to whom the employer anticipates paying	38930
compensation.	38931

(B) An employer with employees or contractors in two or more	38932
states that transmits new hire reports magnetically or	38933
electronically may make the new hire report to another state if	38934
the employer does both of the following:	38935

(1) Notifies the Ohio department of job and family services	38936
and the United States secretary of health and human services in	38937
writing that the employer has designated another state as the	38938
state to which the employer will transmit the report;	38939

(2) Transmits the report to that state in compliance with	38940
federal law.	38941

(C) The department may by rule exempt employers from making	38942
new hire reports on any classification of contractors if the	38943
department determines that exempting the employer will assist the	38944
administration of the new hire reporting requirement.	38945

Sec. 3121.892. (A) An employer shall include all of the	38946
following in each new hire report:	38947

(1) For each employee, the employee's name, address, date of	38948
birth, social security number, and date of hire~~, rehire, or return~~	38949
~~to work~~;	38950

(2) For each contractor, the contractor's name, address,	38951
social security or tax identification number, the date payments	38952
begin, and the length of time the contractor will be performing	38953
services for the employer;	38954

(3) The employer's name, address, and identification number.

38955

(B) The department of job and family services may by rule	38956
require that additional information, specified in the rule, be	38957
included in each new hire report.	38958

Sec. 3121.893. An employer shall make a new hire report for	38959
each newly hired employee or contractor in a manner prescribed by	38960
the department of job and family services. The department may	38961
require that the report include or consist of the submission of a	38962
copy of the United States internal revenue service form W-4	38963
(employee's withholding allowance certificate) for the employee, a	38964
form provided by the department, or any other hiring document or	38965
data storage device or mechanism the department authorizes. An	38966
employer may make the new hire report by mail, fax, magnetic or	38967
electronic means, or other means the department authorizes. If an	38968
employer makes a new hire report by mail, the date of making the	38969
report is the postmark date if the report is mailed in the United	38970
States with first class postage and is addressed as the department	38971
authorizes. An employer shall make the new hire report not later	38972
than twenty days after the date on which the employer hires or	38973
~~rehires~~ an employee ~~or the employee returns to work~~ or the date on	38974
which the employer engages or re-engages the contractor or the	38975
contractor resumes providing services under the contract.	38976

Sec. 3121.898. The department of job and family services	38977
shall use the new hire reports it receives for any of the	38978
following purposes set forth in 42 U.S.C. 653a, as amended,	38979
including:	38980

(A) To locate individuals for the purposes of establishing	38981
paternity and for establishing, modifying, and enforcing child	38982
support orders.	38983

(B) As used in this division, "state agency" means every	38984
department, bureau, board, commission, office, or other organized	38985
body established by the constitution or laws of this state for the	38986
exercise of state government; every entity of county government	38987
that is subject to the rules of a state agency; and every	38988
contractual agent of a state agency.	38989

To make available to any state agency responsible for	38990
administering any of the following programs for purposes of	38991
verifying program eligibility:	38992

(1) Any Title IV-A program as defined in section 5101.80 of	38993
the Revised Code;	38994

(2) The medicaid program ~~authorized by Chapter 5111. of the~~	38995
~~Revised Code~~;	38996

(3) The unemployment compensation program authorized by	38997
Chapter 4141. of the Revised Code;	38998

(4) The supplemental nutrition assistance program authorized	38999
by section 5101.54 of the Revised Code;	39000

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	39001
amended.	39002

(C) The administration of the employment security program	39003
under the director of job and family services.	39004

Sec. 3123.958. The office of child support ~~shall~~may publish	39005
and distribute ~~the first~~a set of posters throughout the state ~~not~~	39006
~~later than October 1, 1992. The office shall publish and~~	39007
~~distribute subsequent sets of posters not less than twice~~	39008
annually.	39009

Sec. 3125.18. A child support enforcement agency shall	39010
administer a Title IV-A program identified under division	39011
(A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised Code that	39012
the department of job and family services provides for the agency	39013
to administer under the department's supervision pursuant to	39014
section 5101.801 of the Revised Code.	39015

Sec. 3125.36. (A) Subject to division (B) of this section,	39016
all support orders that are administered by a child support	39017
enforcement agency designated under section 307.981 of the Revised	39018
Code or former section 2301.35 of the Revised Code and are	39019
eligible for Title IV-D services shall be Title IV-D cases under	39020
Title IV-D of the "Social Security Act." Subject to division (B)	39021
of this section, all obligees of support orders administered by	39022
the agency shall be considered to have filed a signed application	39023
for Title IV-D services.	39024

(B) Except as provided in division (D) of this section, a	39025
court that issues or modifies a support order shall require the	39026
obligee under the order to sign, at the time of the issuance or	39027
modification of the order, an application for Title IV-D services	39028
and to file, as soon as possible, the signed application with the	39029
child support enforcement agency that will administer the order.	39030
The application shall be on a form prescribed by the department of	39031
job and family services. Except as provided in division (D) of	39032
this section, a support order that is administered by a child	39033
support enforcement agency, and that is eligible for Title IV-D	39034
services shall be a Title IV-D case under Title IV-D of the	39035
"Social Security Act" only upon the filing of the signed	39036
application for Title IV-D services.	39037

(C) A child support enforcement agency shall make available	39038
an application for Title IV-D services to all persons requesting a	39039
child support enforcement agency's assistance in an action under	39040
sections 3111.01 to 3111.18 of the Revised Code or in an	39041
administrative proceeding brought to establish a parent and child	39042
relationship, to establish or modify an administrative support	39043
order, or to establish or modify an order to provide health	39044
insurance coverage for the children subject to a support order.	39045

(D) An obligee under a support order who has assigned the	39046
right to the support pursuant to section ~~5101.59 or~~ 5107.20 or	39047
5160.38 of the Revised Code shall not be required to sign an	39048
application for Title IV-D services. The support order shall be	39049
considered a Title IV-D case.	39050

Sec. 3301.07. The state board of education shall exercise	39051
under the acts of the general assembly general supervision of the	39052
system of public education in the state. In addition to the powers	39053
otherwise imposed on the state board under the provisions of law,	39054
the board shall have the powers described in this section.	39055

(A) The state board shall exercise policy forming, planning,	39056
and evaluative functions for the public schools of the state	39057
except as otherwise provided by law.	39058

(B)(1) The state board shall exercise leadership in the	39059
improvement of public education in this state, and administer the	39060
educational policies of this state relating to public schools, and	39061
relating to instruction and instructional material, building and	39062
equipment, transportation of pupils, administrative	39063
responsibilities of school officials and personnel, and finance	39064
and organization of school districts, educational service centers,	39065
and territory. Consultative and advisory services in such matters	39066
shall be provided by the board to school districts and educational	39067
service centers of this state.	39068

(2) The state board also shall develop a standard of	39069
financial reporting which shall be used by each school district	39070
board of education and ~~educational service center~~each governing	39071
board of an educational service center, each governing authority	39072
of a community school established under Chapter 3314., each	39073
governing body of a STEM school established under Chapter 3328.,	39074
and each board of trustees of a college-preparatory boarding	39075
school established under Chapter 3328. of the Revised Code to make	39076
its financial information and annual budgets for each school	39077
building under its control available to the public in a format	39078
understandable by the average citizen. The format shall show,	39079
~~among other things,~~both at the district ~~and educational service~~	39080
~~center level or~~and at the school building level, ~~as determined~~	39081
~~appropriate by the department of education,~~ revenue by source;	39082
expenditures for salaries, wages, and benefits of employees,	39083
showing such amounts separately for classroom teachers, other	39084
employees required to hold licenses issued pursuant to sections	39085
3319.22 to 3319.31 of the Revised Code, and all other employees;	39086
expenditures other than for personnel, by category, including	39087
utilities, textbooks and other educational materials, equipment,	39088
permanent improvements, pupil transportation, extracurricular	39089
athletics, and other extracurricular activities; and per pupil	39090
expenditures. The format shall also include information on total	39091
revenue and expenditures, per pupil revenue, and expenditures for	39092
both classroom and nonclassroom purposes, as defined by the	39093
standards adopted under section 3302.20 of the Revised Code in the	39094
aggregate and for each subgroup of students, as defined by section	39095
3317.40 of the Revised Code, that receives services provided for	39096
by state or federal funding.	39097

(3) Each school district board, governing authority,	39098
governing body, or board of trustees, or its respective designee,	39099
shall annually report, to the department of education, all	39100
financial information required by the standards for financial	39101
reporting, as prescribed by division (B)(2) of this section and	39102
adopted by the state board. The department shall post these	39103
reports in a prominent location on its web site and shall notify	39104
each school when reports are made available.	39105

(C) The state board shall administer and supervise the	39106
allocation and distribution of all state and federal funds for	39107
public school education under the provisions of law, and may	39108
prescribe such systems of accounting as are necessary and proper	39109
to this function. It may require county auditors and treasurers,	39110
boards of education, educational service center governing boards,	39111
treasurers of such boards, teachers, and other school officers and	39112
employees, or other public officers or employees, to file with it	39113
such reports as it may prescribe relating to such funds, or to the	39114
management and condition of such funds.	39115

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	39116
XLVII, and LI of the Revised Code a reference is made to standards	39117
prescribed under this section or division (D) of this section,	39118
that reference shall be construed to refer to the standards	39119
prescribed under division (D)(2) of this section, unless the	39120
context specifically indicates a different meaning or intent.	39121

(2) The state board shall formulate and prescribe minimum	39122
standards to be applied to all elementary and secondary schools in	39123
this state for the purpose of ~~requiring~~providing children access	39124
to a general education of high quality according to the learning	39125
needs of each individual, including students with disabilities,	39126
economically disadvantaged students, limited English proficient	39127
students, and students identified as gifted. Such standards shall	39128
provide adequately for: the licensing of teachers, administrators,	39129
and other professional personnel and their assignment according to	39130
training and qualifications; efficient and effective instructional	39131
materials and equipment, including library facilities; the proper	39132
organization, administration, and supervision of each school,	39133
including regulations for preparing all necessary records and	39134
reports and the preparation of a statement of policies and	39135
objectives for each school; the provision of safe buildings,	39136
grounds, health and sanitary facilities and services; admission of	39137
pupils, and such requirements for their promotion from grade to	39138
grade as will assure that they are capable and prepared for the	39139
level of study to which they are certified; requirements for	39140
graduation; and such other factors as the board finds necessary.	39141

The state board shall base any standards governing the	39142
promotion of students or requirements for graduation on the	39143
ability of students, at any grade level, to earn credits or	39144
advance upon demonstration of mastery of knowledge and skills	39145
through competency-based learning models. Credits of grade level	39146
advancement shall not require a minimum number of days or hours in	39147
a classroom.	39148

The state board shall base any standards governing the	39149
assignment of staff on ensuring each school has a sufficient	39150
number of teachers to ensure a student has an appropriate level of	39151
interaction to meet each student's personal learning goals.	39152

In the formulation and administration of such standards for	39153
nonpublic schools the board shall also consider the particular	39154
needs, methods and objectives of those schools, provided they do	39155
not conflict with the provision of a general education of a high	39156
quality and provided that regular procedures shall be followed for	39157
promotion from grade to grade of pupils who have met the	39158
educational requirements prescribed.	39159

~~In the formulation and administration of such standards as~~	39160
~~they relate to instructional materials and equipment in public~~	39161
~~schools, including library materials, the board shall require that~~	39162
~~the material and equipment be aligned with and promote skills~~	39163
~~expected under the statewide academic standards adopted under~~	39164
~~section 3301.079 of the Revised Code.~~	39165

(3) In addition to the minimum standards required by division	39166
(D)(2) of this section, the state board may formulate and	39167
prescribe the following additional minimum operating standards for	39168
school districts:	39169

(a) Standards for the effective and efficient organization,	39170
administration, and supervision of each school district ~~so that it~~	39171
~~becomes a thinking and learning organization according to~~	39172
~~principles of systems design and collaborative professional~~	39173
~~learning communities research as defined by the superintendent of~~	39174
~~public instruction, including a focus on the personalized and~~	39175
~~individualized needs of each student; a shared responsibility~~	39176
~~among school boards, administrators, faculty, and staff to develop~~	39177
~~a common vision, mission, and set of guiding principles; a shared~~	39178
~~responsibility among school boards, administrators, faculty, and~~	39179
~~staff to engage in a process of collective inquiry, action~~	39180
~~orientation, and experimentation to ensure the academic success of~~	39181
~~all students; commitment to teaching and learning strategies that~~	39182
~~utilize technological tools and emphasize inter-disciplinary,~~	39183
~~real-world, project-based, and technology-oriented learning~~	39184
~~experiences to meet the individual needs of every student;~~with a	39185
commitment to high expectations for every student based on the	39186
learning needs of each individual, including students with	39187
disabilities, economically disadvantaged students, limited English	39188
proficient students, and students identified as gifted, and	39189
commitment to closing the achievement gap without suppressing the	39190
achievement levels of higher achieving students so that all	39191
students achieve core knowledge and skills in accordance with the	39192
statewide academic standards adopted under section 3301.079 of the	39193
Revised Code; ~~commitment to the use of assessments to diagnose~~	39194
~~the needs of each student; effective connections and relationships~~	39195
~~with families and others that support student success; and~~	39196
~~commitment to the use of positive behavior intervention supports~~	39197
~~throughout a district to ensure a safe and secure learning~~	39198
~~environment for all students;~~	39199

(b) Standards for the establishment of business advisory	39200
councils under section 3313.82 of the Revised Code;	39201

39202

~~(i) The~~the effective and efficient organization,	39203
administration, and supervision of each school district building	39204
~~so that it becomes a thinking and learning organization according~~	39205
~~to principles of systems design and collaborative professional~~	39206
~~learning communities research as defined by the state~~	39207
~~superintendent, including a focus on the personalized and~~	39208
~~individualized needs of each student; a shared responsibility~~	39209
~~among building administrators, faculty, and staff to develop a~~	39210
~~common vision, mission, and set of guiding principles; a shared~~	39211
~~responsibility among building administrators, faculty, and staff~~	39212
~~to engage in a process of collective inquiry, action orientation,~~	39213
~~and experimentation to ensure the academic success of all~~	39214
~~students; commitment to job embedded professional development and~~	39215
~~professional mentoring and coaching; established periods of time~~	39216
~~for teachers to pursue planning time for the development of lesson~~	39217
~~plans, professional development, and shared learning; commitment~~	39218
~~to effective management strategies that allow administrators~~	39219
~~reasonable access to classrooms for observation and professional~~	39220
~~development experiences; commitment to teaching and learning~~	39221
~~strategies that utilize technological tools and emphasize~~	39222
~~inter-disciplinary, real-world, project-based, and~~	39223
~~technology-oriented learning experiences to meet the individual~~	39224
~~needs of every student;~~with a commitment to high expectations for	39225
every student based on the learning needs of each individual,	39226
including students with disabilities, economically disadvantaged	39227
students, limited English proficient students, and students	39228
identified as gifted, and commitment to closing the achievement	39229
gap without suppressing the achievement levels of higher achieving	39230
students so that all students achieve core knowledge and skills in	39231
accordance with the statewide academic standards adopted under	39232
section 3301.079 of the Revised Code~~; commitment to the use of~~	39233
~~assessments to diagnose the needs of each student; effective~~	39234
~~connections and relationships with families and others that~~	39235
~~support student success; commitment to the use of positive~~	39236
~~behavior intervention supports throughout the building to ensure a~~	39237
~~safe and secure learning environment for all students;~~	39238

~~(ii) A school building leadership team to coordinate positive~~	39239
~~behavior intervention supports, learning environments, thinking~~	39240
~~and learning systems, collaborative planning, planning time,~~	39241
~~student academic interventions, student extended learning~~	39242
~~opportunities, and other activities identified by the team and~~	39243
~~approved by the district board of education. The team shall~~	39244
~~include the building principal, representatives from each~~	39245
~~collective bargaining unit, a classroom teacher, parents, business~~	39246
~~representatives, and others that support student success~~.	39247

(E) The state board may require as part of the health	39248
curriculum information developed under section 2108.34 of the	39249
Revised Code promoting the donation of anatomical gifts pursuant	39250
to Chapter 2108. of the Revised Code and may provide the	39251
information to high schools, educational service centers, and	39252
joint vocational school district boards of education;	39253

(F) The state board shall prepare and submit annually to the	39254
governor and the general assembly a report on the status, needs,	39255
and major problems of the public schools of the state, with	39256
recommendations for necessary legislative action and a ten-year	39257
projection of the state's public and nonpublic school enrollment,	39258
by year and by grade level.	39259

(G) The state board shall prepare and submit to the director	39260
of budget and management the biennial budgetary requests of the	39261
state board of education, for its agencies and for the public	39262
schools of the state.	39263

(H) The state board shall cooperate with federal, state, and	39264
local agencies concerned with the health and welfare of children	39265
and youth of the state.	39266

(I) The state board shall require such reports from school	39267
districts and educational service centers, school officers, and	39268
employees as are necessary and desirable. The superintendents and	39269
treasurers of school districts and educational service centers	39270
shall certify as to the accuracy of all reports required by law or	39271
state board or state department of education rules to be submitted	39272
by the district or educational service center and which contain	39273
information necessary for calculation of state funding. Any	39274
superintendent who knowingly falsifies such report shall be	39275
subject to license revocation pursuant to section 3319.31 of the	39276
Revised Code.	39277

(J) In accordance with Chapter 119. of the Revised Code, the	39278
state board shall adopt procedures, standards, and guidelines for	39279
the education of children with disabilities pursuant to Chapter	39280
3323. of the Revised Code, including procedures, standards, and	39281
guidelines governing programs and services operated by county	39282
boards of developmental disabilities pursuant to section 3323.09	39283
of the Revised Code.	39284

(K) For the purpose of encouraging the development of special	39285
programs of education for academically gifted children, the state	39286
board shall employ competent persons to analyze and publish data,	39287
promote research, advise and counsel with boards of education, and	39288
encourage the training of teachers in the special instruction of	39289
gifted children. The board may provide financial assistance out of	39290
any funds appropriated for this purpose to boards of education and	39291
educational service center governing boards for developing and	39292
conducting programs of education for academically gifted children.	39293

(L) The state board shall require that all public schools	39294
emphasize and encourage, within existing units of study, the	39295
teaching of energy and resource conservation as recommended to	39296
each district board of education by leading business persons	39297
involved in energy production and conservation, beginning in the	39298
primary grades.	39299

(M) The state board shall formulate and prescribe minimum	39300
standards requiring the use of phonics as a technique in the	39301
teaching of reading in grades kindergarten through three. In	39302
addition, the state board shall provide in-service training	39303
programs for teachers on the use of phonics as a technique in the	39304
teaching of reading in grades kindergarten through three.	39305

(N) The state board may adopt rules necessary for carrying	39306
out any function imposed on it by law, and may provide rules as	39307
are necessary for its government and the government of its	39308
employees, and may delegate to the superintendent of public	39309
instruction the management and administration of any function	39310
imposed on it by law. It may provide for the appointment of board	39311
members to serve on temporary committees established by the board	39312
for such purposes as are necessary. Permanent or standing	39313
committees shall not be created.	39314

(O) Upon application from the board of education of a school	39315
district, the superintendent of public instruction may issue a	39316
waiver exempting the district from compliance with the standards	39317
adopted under divisions (B)(2) and (D) of this section, as they	39318
relate to the operation of a school operated by the district. The	39319
state board shall adopt standards for the approval or disapproval	39320
of waivers under this division. The state superintendent shall	39321
consider every application for a waiver, and shall determine	39322
whether to grant or deny a waiver in accordance with the state	39323
board's standards. For each waiver granted, the state	39324
superintendent shall specify the period of time during which the	39325
waiver is in effect, which shall not exceed five years. A district	39326
board may apply to renew a waiver.	39327

Sec. 3301.0714. (A) The state board of education shall adopt	39328
rules for a statewide education management information system. The	39329
rules shall require the state board to establish guidelines for	39330
the establishment and maintenance of the system in accordance with	39331
this section and the rules adopted under this section. The	39332
guidelines shall include:	39333

(1) Standards identifying and defining the types of data in	39334
the system in accordance with divisions (B) and (C) of this	39335
section;	39336

(2) Procedures for annually collecting and reporting the data	39337
to the state board in accordance with division (D) of this	39338
section;	39339

(3) Procedures for annually compiling the data in accordance	39340
with division (G) of this section;	39341

(4) Procedures for annually reporting the data to the public	39342
in accordance with division (H) of this section.	39343

(B) The guidelines adopted under this section shall require	39344
the data maintained in the education management information system	39345
to include at least the following:	39346

(1) Student participation and performance data, for each	39347
grade in each school district as a whole and for each grade in	39348
each school building in each school district, that includes:	39349

(a) The numbers of students receiving each category of	39350
instructional service offered by the school district, such as	39351
regular education instruction, vocational education instruction,	39352
specialized instruction programs or enrichment instruction that is	39353
part of the educational curriculum, instruction for gifted	39354
students, instruction for students with disabilities, and remedial	39355
instruction. The guidelines shall require instructional services	39356
under this division to be divided into discrete categories if an	39357
instructional service is limited to a specific subject, a specific	39358
type of student, or both, such as regular instructional services	39359
in mathematics, remedial reading instructional services,	39360
instructional services specifically for students gifted in	39361
mathematics or some other subject area, or instructional services	39362
for students with a specific type of disability. The categories of	39363
instructional services required by the guidelines under this	39364
division shall be the same as the categories of instructional	39365
services used in determining cost units pursuant to division	39366
(C)(3) of this section.	39367

(b) The numbers of students receiving support or	39368
extracurricular services for each of the support services or	39369
extracurricular programs offered by the school district, such as	39370
counseling services, health services, and extracurricular sports	39371
and fine arts programs. The categories of services required by the	39372
guidelines under this division shall be the same as the categories	39373
of services used in determining cost units pursuant to division	39374
(C)(4)(a) of this section.	39375

(c) Average student grades in each subject in grades nine	39376
through twelve;	39377

(d) Academic achievement levels as assessed under sections	39378
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	39379

(e) The number of students designated as having a disabling	39380
condition pursuant to division (C)(1) of section 3301.0711 of the	39381
Revised Code;	39382

(f) The numbers of students reported to the state board	39383
pursuant to division (C)(2) of section 3301.0711 of the Revised	39384
Code;	39385

(g) Attendance rates and the average daily attendance for the	39386
year. For purposes of this division, a student shall be counted as	39387
present for any field trip that is approved by the school	39388
administration.	39389

(h) Expulsion rates;

39390

(i) Suspension rates;

39391

(j) Dropout rates;

39392

(k) Rates of retention in grade;

39393

(l) For pupils in grades nine through twelve, the average	39394
number of carnegie units, as calculated in accordance with state	39395
board of education rules;	39396

(m) Graduation rates, to be calculated in a manner specified	39397
by the department of education that reflects the rate at which	39398
students who were in the ninth grade three years prior to the	39399
current year complete school and that is consistent with	39400
nationally accepted reporting requirements;	39401

(n) Results of diagnostic assessments administered to	39402
kindergarten students as required under section 3301.0715 of the	39403
Revised Code to permit a comparison of the academic readiness of	39404
kindergarten students. However, no district shall be required to	39405
report to the department the results of any diagnostic assessment	39406
administered to a kindergarten student if the parent of that	39407
student requests the district not to report those results.	39408

(2) Personnel and classroom enrollment data for each school	39409
district, including:	39410

(a) The total numbers of licensed employees and nonlicensed	39411
employees and the numbers of full-time equivalent licensed	39412
employees and nonlicensed employees providing each category of	39413
instructional service, instructional support service, and	39414
administrative support service used pursuant to division (C)(3) of	39415
this section. The guidelines adopted under this section shall	39416
require these categories of data to be maintained for the school	39417
district as a whole and, wherever applicable, for each grade in	39418
the school district as a whole, for each school building as a	39419
whole, and for each grade in each school building.	39420

(b) The total number of employees and the number of full-time	39421
equivalent employees providing each category of service used	39422
pursuant to divisions (C)(4)(a) and (b) of this section, and the	39423
total numbers of licensed employees and nonlicensed employees and	39424
the numbers of full-time equivalent licensed employees and	39425
nonlicensed employees providing each category used pursuant to	39426
division (C)(4)(c) of this section. The guidelines adopted under	39427
this section shall require these categories of data to be	39428
maintained for the school district as a whole and, wherever	39429
applicable, for each grade in the school district as a whole, for	39430
each school building as a whole, and for each grade in each school	39431
building.	39432

(c) The total number of regular classroom teachers teaching	39433
classes of regular education and the average number of pupils	39434
enrolled in each such class, in each of grades kindergarten	39435
through five in the district as a whole and in each school	39436
building in the school district.	39437

(d) The number of lead teachers employed by each school	39438
district and each school building.	39439

(3)(a) Student demographic data for each school district,	39440
including information regarding the gender ratio of the school	39441
district's pupils, the racial make-up of the school district's	39442
pupils, the number of limited English proficient students in the	39443
district, and an appropriate measure of the number of the school	39444
district's pupils who reside in economically disadvantaged	39445
households. The demographic data shall be collected in a manner to	39446
allow correlation with data collected under division (B)(1) of	39447
this section. Categories for data collected pursuant to division	39448
(B)(3) of this section shall conform, where appropriate, to	39449
standard practices of agencies of the federal government.	39450

(b) With respect to each student entering kindergarten,	39451
whether the student previously participated in a public preschool	39452
program, a private preschool program, or a head start program, and	39453
the number of years the student participated in each of these	39454
programs.	39455

(4) Any data required to be collected pursuant to federal	39456
law.	39457

(C) The education management information system shall include	39458
cost accounting data for each district as a whole and for each	39459
school building in each school district. The guidelines adopted	39460
under this section shall require the cost data for each school	39461
district to be maintained in a system of mutually exclusive cost	39462
units and shall require all of the costs of each school district	39463
to be divided among the cost units. The guidelines shall require	39464
the system of mutually exclusive cost units to include at least	39465
the following:	39466

(1) Administrative costs for the school district as a whole.	39467
The guidelines shall require the cost units under this division	39468
(C)(1) to be designed so that each of them may be compiled and	39469
reported in terms of average expenditure per pupil in formula ADM	39470
in the school district, as determined pursuant to section 3317.03	39471
of the Revised Code.	39472

(2) Administrative costs for each school building in the	39473
school district. The guidelines shall require the cost units under	39474
this division (C)(2) to be designed so that each of them may be	39475
compiled and reported in terms of average expenditure per	39476
full-time equivalent pupil receiving instructional or support	39477
services in each building.	39478

(3) Instructional services costs for each category of	39479
instructional service provided directly to students and required	39480
by guidelines adopted pursuant to division (B)(1)(a) of this	39481
section. The guidelines shall require the cost units under	39482
division (C)(3) of this section to be designed so that each of	39483
them may be compiled and reported in terms of average expenditure	39484
per pupil receiving the service in the school district as a whole	39485
and average expenditure per pupil receiving the service in each	39486
building in the school district and in terms of a total cost for	39487
each category of service and, as a breakdown of the total cost, a	39488
cost for each of the following components:	39489

(a) The cost of each instructional services category required	39490
by guidelines adopted under division (B)(1)(a) of this section	39491
that is provided directly to students by a classroom teacher;	39492

(b) The cost of the instructional support services, such as	39493
services provided by a speech-language pathologist, classroom	39494
aide, multimedia aide, or librarian, provided directly to students	39495
in conjunction with each instructional services category;	39496

(c) The cost of the administrative support services related	39497
to each instructional services category, such as the cost of	39498
personnel that develop the curriculum for the instructional	39499
services category and the cost of personnel supervising or	39500
coordinating the delivery of the instructional services category.	39501

(4) Support or extracurricular services costs for each	39502
category of service directly provided to students and required by	39503
guidelines adopted pursuant to division (B)(1)(b) of this section.	39504
The guidelines shall require the cost units under division (C)(4)	39505
of this section to be designed so that each of them may be	39506
compiled and reported in terms of average expenditure per pupil	39507
receiving the service in the school district as a whole and	39508
average expenditure per pupil receiving the service in each	39509
building in the school district and in terms of a total cost for	39510
each category of service and, as a breakdown of the total cost, a	39511
cost for each of the following components:	39512

(a) The cost of each support or extracurricular services	39513
category required by guidelines adopted under division (B)(1)(b)	39514
of this section that is provided directly to students by a	39515
licensed employee, such as services provided by a guidance	39516
counselor or any services provided by a licensed employee under a	39517
supplemental contract;	39518

(b) The cost of each such services category provided directly	39519
to students by a nonlicensed employee, such as janitorial	39520
services, cafeteria services, or services of a sports trainer;	39521

(c) The cost of the administrative services related to each	39522
services category in division (C)(4)(a) or (b) of this section,	39523
such as the cost of any licensed or nonlicensed employees that	39524
develop, supervise, coordinate, or otherwise are involved in	39525
administering or aiding the delivery of each services category.	39526

(D)(1) The guidelines adopted under this section shall	39527
require school districts to collect information about individual	39528
students, staff members, or both in connection with any data	39529
required by division (B) or (C) of this section or other reporting	39530
requirements established in the Revised Code. The guidelines may	39531
also require school districts to report information about	39532
individual staff members in connection with any data required by	39533
division (B) or (C) of this section or other reporting	39534
requirements established in the Revised Code. The guidelines shall	39535
not authorize school districts to request social security numbers	39536
of individual students. The guidelines shall prohibit the	39537
reporting under this section of a student's name, address, and	39538
social security number to the state board of education or the	39539
department of education. The guidelines shall also prohibit the	39540
reporting under this section of any personally identifiable	39541
information about any student, except for the purpose of assigning	39542
the data verification code required by division (D)(2) of this	39543
section, to any other person unless such person is employed by the	39544
school district or the information technology center operated	39545
under section 3301.075 of the Revised Code and is authorized by	39546
the district or technology center to have access to such	39547
information or is employed by an entity with which the department	39548
contracts for the scoring or the development of state assessments.	39549
The guidelines may require school districts to provide the social	39550
security numbers of individual staff members and the county of	39551
residence for a student. Nothing in this section prohibits the	39552
state board of education or department of education from providing	39553
a student's county of residence to the department of taxation to	39554
facilitate the distribution of tax revenue.	39555

(2)(a) The guidelines shall provide for each school district	39556
or community school to assign a data verification code that is	39557
unique on a statewide basis over time to each student whose	39558
initial Ohio enrollment is in that district or school and to	39559
report all required individual student data for that student	39560
utilizing such code. The guidelines shall also provide for	39561
assigning data verification codes to all students enrolled in	39562
districts or community schools on the effective date of the	39563
guidelines established under this section. The assignment of data	39564
verification codes for other entities, as described in division	39565
(D)(2)(c) of this section, the use of those codes, and the	39566
reporting and use of associated individual student data shall be	39567
coordinated by the department in accordance with state and federal	39568
law.	39569

School districts shall report individual student data to the	39570
department through the information technology centers utilizing	39571
the code. The entities described in division (D)(2)(c) of this	39572
section shall report individual student data to the department in	39573
the manner prescribed by the department.	39574

Except as provided in sections 3301.941, 3310.11, 3310.42,	39575
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	39576
shall the state board or the department have access to information	39577
that would enable any data verification code to be matched to	39578
personally identifiable student data.	39579

(b) Each school district and community school shall ensure	39580
that the data verification code is included in the student's	39581
records reported to any subsequent school district, community	39582
school, or state institution of higher education, as defined in	39583
section 3345.011 of the Revised Code, in which the student	39584
enrolls. Any such subsequent district or school shall utilize the	39585
same identifier in its reporting of data under this section.	39586

(c) The director of any state agency that administers a	39587
publicly funded program providing services to children who are	39588
younger than compulsory school age, as defined in section 3321.01	39589
of the Revised Code, including the directors of health, job and	39590
family services, ~~mental health~~mental health and addiction	39591
services, and developmental disabilities, shall request and	39592
receive, pursuant to sections 3301.0723 and 3701.62 of the Revised	39593
Code, a data verification code for a child who is receiving those	39594
services.	39595

(E) The guidelines adopted under this section may require	39596
school districts to collect and report data, information, or	39597
reports other than that described in divisions (A), (B), and (C)	39598
of this section for the purpose of complying with other reporting	39599
requirements established in the Revised Code. The other data,	39600
information, or reports may be maintained in the education	39601
management information system but are not required to be compiled	39602
as part of the profile formats required under division (G) of this	39603
section or the annual statewide report required under division (H)	39604
of this section.	39605

(F) Beginning with the school year that begins July 1, 1991,	39606
the board of education of each school district shall annually	39607
collect and report to the state board, in accordance with the	39608
guidelines established by the board, the data required pursuant to	39609
this section. A school district may collect and report these data	39610
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	39611

(G) The state board shall, in accordance with the procedures	39612
it adopts, annually compile the data reported by each school	39613
district pursuant to division (D) of this section. The state board	39614
shall design formats for profiling each school district as a whole	39615
and each school building within each district and shall compile	39616
the data in accordance with these formats. These profile formats	39617
shall:	39618

(1) Include all of the data gathered under this section in a	39619
manner that facilitates comparison among school districts and	39620
among school buildings within each school district;	39621

(2) Present the data on academic achievement levels as	39622
assessed by the testing of student achievement maintained pursuant	39623
to division (B)(1)(d) of this section.	39624

(H)(1) The state board shall, in accordance with the	39625
procedures it adopts, annually prepare a statewide report for all	39626
school districts and the general public that includes the profile	39627
of each of the school districts developed pursuant to division (G)	39628
of this section. Copies of the report shall be sent to each school	39629
district.	39630

(2) The state board shall, in accordance with the procedures	39631
it adopts, annually prepare an individual report for each school	39632
district and the general public that includes the profiles of each	39633
of the school buildings in that school district developed pursuant	39634
to division (G) of this section. Copies of the report shall be	39635
sent to the superintendent of the district and to each member of	39636
the district board of education.	39637

(3) Copies of the reports received from the state board under	39638
divisions (H)(1) and (2) of this section shall be made available	39639
to the general public at each school district's offices. Each	39640
district board of education shall make copies of each report	39641
available to any person upon request and payment of a reasonable	39642
fee for the cost of reproducing the report. The board shall	39643
annually publish in a newspaper of general circulation in the	39644
school district, at least twice during the two weeks prior to the	39645
week in which the reports will first be available, a notice	39646
containing the address where the reports are available and the	39647
date on which the reports will be available.	39648

(I) Any data that is collected or maintained pursuant to this	39649
section and that identifies an individual pupil is not a public	39650
record for the purposes of section 149.43 of the Revised Code.	39651

(J) As used in this section:

39652

(1) "School district" means any city, local, exempted	39653
village, or joint vocational school district and, in accordance	39654
with section 3314.17 of the Revised Code, any community school. As	39655
used in division (L) of this section, "school district" also	39656
includes any educational service center or other educational	39657
entity required to submit data using the system established under	39658
this section.	39659

(2) "Cost" means any expenditure for operating expenses made	39660
by a school district excluding any expenditures for debt	39661
retirement except for payments made to any commercial lending	39662
institution for any loan approved pursuant to section 3313.483 of	39663
the Revised Code.	39664

(K) Any person who removes data from the information system	39665
established under this section for the purpose of releasing it to	39666
any person not entitled under law to have access to such	39667
information is subject to section 2913.42 of the Revised Code	39668
prohibiting tampering with data.	39669

(L)(1) In accordance with division (L)(2) of this section and	39670
the rules adopted under division (L)(10) of this section, the	39671
department of education may sanction any school district that	39672
reports incomplete or inaccurate data, reports data that does not	39673
conform to data requirements and descriptions published by the	39674
department, fails to report data in a timely manner, or otherwise	39675
does not make a good faith effort to report data as required by	39676
this section.	39677

(2) If the department decides to sanction a school district	39678
under this division, the department shall take the following	39679
sequential actions:	39680

(a) Notify the district in writing that the department has	39681
determined that data has not been reported as required under this	39682
section and require the district to review its data submission and	39683
submit corrected data by a deadline established by the department.	39684
The department also may require the district to develop a	39685
corrective action plan, which shall include provisions for the	39686
district to provide mandatory staff training on data reporting	39687
procedures.	39688

(b) Withhold up to ten per cent of the total amount of state	39689
funds due to the district for the current fiscal year and, if not	39690
previously required under division (L)(2)(a) of this section,	39691
require the district to develop a corrective action plan in	39692
accordance with that division;	39693

(c) Withhold an additional amount of up to twenty per cent of	39694
the total amount of state funds due to the district for the	39695
current fiscal year;	39696

(d) Direct department staff or an outside entity to	39697
investigate the district's data reporting practices and make	39698
recommendations for subsequent actions. The recommendations may	39699
include one or more of the following actions:	39700

(i) Arrange for an audit of the district's data reporting	39701
practices by department staff or an outside entity;	39702

(ii) Conduct a site visit and evaluation of the district;

39703

(iii) Withhold an additional amount of up to thirty per cent	39704
of the total amount of state funds due to the district for the	39705
current fiscal year;	39706

(iv) Continue monitoring the district's data reporting;

39707

(v) Assign department staff to supervise the district's data	39708
management system;	39709

(vi) Conduct an investigation to determine whether to suspend	39710
or revoke the license of any district employee in accordance with	39711
division (N) of this section;	39712

(vii) If the district is issued a report card under section	39713
3302.03 of the Revised Code, indicate on the report card that the	39714
district has been sanctioned for failing to report data as	39715
required by this section;	39716

(viii) If the district is issued a report card under section	39717
3302.03 of the Revised Code and incomplete or inaccurate data	39718
submitted by the district likely caused the district to receive a	39719
higher performance rating than it deserved under that section,	39720
issue a revised report card for the district;	39721

(ix) Any other action designed to correct the district's data	39722
reporting problems.	39723

(3) Any time the department takes an action against a school	39724
district under division (L)(2) of this section, the department	39725
shall make a report of the circumstances that prompted the action.	39726
The department shall send a copy of the report to the district	39727
superintendent or chief administrator and maintain a copy of the	39728
report in its files.	39729

(4) If any action taken under division (L)(2) of this section	39730
resolves a school district's data reporting problems to the	39731
department's satisfaction, the department shall not take any	39732
further actions described by that division. If the department	39733
withheld funds from the district under that division, the	39734
department may release those funds to the district, except that if	39735
the department withheld funding under division (L)(2)(c) of this	39736
section, the department shall not release the funds withheld under	39737
division (L)(2)(b) of this section and, if the department withheld	39738
funding under division (L)(2)(d) of this section, the department	39739
shall not release the funds withheld under division (L)(2)(b) or	39740
(c) of this section.	39741

(5) Notwithstanding anything in this section to the contrary,	39742
the department may use its own staff or an outside entity to	39743
conduct an audit of a school district's data reporting practices	39744
any time the department has reason to believe the district has not	39745
made a good faith effort to report data as required by this	39746
section. If any audit conducted by an outside entity under	39747
division (L)(2)(d)(i) or (5) of this section confirms that a	39748
district has not made a good faith effort to report data as	39749
required by this section, the district shall reimburse the	39750
department for the full cost of the audit. The department may	39751
withhold state funds due to the district for this purpose.	39752

(6) Prior to issuing a revised report card for a school	39753
district under division (L)(2)(d)(viii) of this section, the	39754
department may hold a hearing to provide the district with an	39755
opportunity to demonstrate that it made a good faith effort to	39756
report data as required by this section. The hearing shall be	39757
conducted by a referee appointed by the department. Based on the	39758
information provided in the hearing, the referee shall recommend	39759
whether the department should issue a revised report card for the	39760
district. If the referee affirms the department's contention that	39761
the district did not make a good faith effort to report data as	39762
required by this section, the district shall bear the full cost of	39763
conducting the hearing and of issuing any revised report card.	39764

(7) If the department determines that any inaccurate data	39765
reported under this section caused a school district to receive	39766
excess state funds in any fiscal year, the district shall	39767
reimburse the department an amount equal to the excess funds, in	39768
accordance with a payment schedule determined by the department.	39769
The department may withhold state funds due to the district for	39770
this purpose.	39771

(8) Any school district that has funds withheld under	39772
division (L)(2) of this section may appeal the withholding in	39773
accordance with Chapter 119. of the Revised Code.	39774

(9) In all cases of a disagreement between the department and	39775
a school district regarding the appropriateness of an action taken	39776
under division (L)(2) of this section, the burden of proof shall	39777
be on the district to demonstrate that it made a good faith effort	39778
to report data as required by this section.	39779

(10) The state board of education shall adopt rules under	39780
Chapter 119. of the Revised Code to implement division (L) of this	39781
section.	39782

(M) No information technology center or school district shall	39783
acquire, change, or update its student administration software	39784
package to manage and report data required to be reported to the	39785
department unless it converts to a student software package that	39786
is certified by the department.	39787

(N) The state board of education, in accordance with sections	39788
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	39789
license as defined under division (A) of section 3319.31 of the	39790
Revised Code that has been issued to any school district employee	39791
found to have willfully reported erroneous, inaccurate, or	39792
incomplete data to the education management information system.	39793

(O) No person shall release or maintain any information about	39794
any student in violation of this section. Whoever violates this	39795
division is guilty of a misdemeanor of the fourth degree.	39796

(P) The department shall disaggregate the data collected	39797
under division (B)(1)(n) of this section according to the race and	39798
socioeconomic status of the students assessed. No data collected	39799
under that division shall be included on the report cards required	39800
by section 3302.03 of the Revised Code.	39801

(Q) If the department cannot compile any of the information	39802
required by division (H) of section 3302.03 of the Revised Code	39803
based upon the data collected under this section, the department	39804
shall develop a plan and a reasonable timeline for the collection	39805
of any data necessary to comply with that division.	39806

Sec. 3301.0715. (A) Except as otherwise required under	39807
division (B)(1) of section 3313.608 of the Revised Code, the board	39808
of education of each city, local, and exempted village school	39809
district shall administer each applicable diagnostic assessment	39810
developed and provided to the district in accordance with section	39811
3301.079 of the Revised Code to the following:	39812

(1) Any student who transfers into the district or to a	39813
different school within the district if each applicable diagnostic	39814
assessment was not administered by the district or school the	39815
student previously attended in the current school year, within	39816
thirty days after the date of transfer. If the district or school	39817
into which the student transfers cannot determine whether the	39818
student has taken any applicable diagnostic assessment in the	39819
current school year, the district or school may administer the	39820
diagnostic assessment to the student.	39821

(2) ~~Each~~(a) Prior to July 1, 2014, each kindergarten	39822
student, not earlier than four weeks prior to the first day of	39823
school and not later than the first day of October. ~~For~~	39824

(b) Beginning July 1, 2014, each kindergarten student, not	39825
earlier than the first day of the school year and not later than	39826
the first day of November, except that the language and reading	39827
skills portion of the assessment shall be administered by the	39828
thirtieth day of September to fulfill the requirements of division	39829
(B) of section 3313.608 of the Revised Code.	39830

For the purpose of division (A)(2) of this section, the	39831
district shall administer the kindergarten readiness assessment	39832
provided by the department of education. In no case shall the	39833
results of the readiness assessment be used to prohibit a student	39834
from enrolling in kindergarten.	39835

(3) Each student enrolled in first, second, or third grade.

39836

(B) Each district board shall administer each diagnostic	39837
assessment when the board deems appropriate, provided the	39838
administration complies with section 3313.608 of the Revised Code.	39839
However, the board shall administer any diagnostic assessment at	39840
least once annually to all students in the appropriate grade	39841
level. A district board may administer any diagnostic assessment	39842
in the fall and spring of a school year to measure the amount of	39843
academic growth attributable to the instruction received by	39844
students during that school year.	39845

(C) Any district that received an excellent or effective	39846
rating for the immediately preceding school year, pursuant to	39847
section 3302.03 of the Revised Code as it existed prior to ~~the~~	39848
~~effective date of this amendment~~March 22, 2013, or the equivalent	39849
of such rating as determined by the department of education, may	39850
use different diagnostic assessments from those adopted under	39851
division (D) of section 3301.079 of the Revised Code in order to	39852
satisfy the requirements of division (A)(2) of this section.	39853

(D) Each district board shall utilize and score any	39854
diagnostic assessment administered under division (A) of this	39855
section in accordance with rules established by the department.	39856
After the administration of any diagnostic assessment, each	39857
district shall provide a student's completed diagnostic	39858
assessment, the results of such assessment, and any other	39859
accompanying documents used during the administration of the	39860
assessment to the parent of that student, and shall include all	39861
such documents and information in any plan developed for the	39862
student under division (C) of section 3313.608 of the Revised	39863
Code. Each district shall submit to the department, in the manner	39864
the department prescribes, the results of the diagnostic	39865
assessments administered under this section, regardless of the	39866
type of assessment used under section 3313.608 of the Revised	39867
Code. The department may issue reports with respect to the data	39868
collected.	39869

(E) Each district board shall provide intervention services	39870
to students whose diagnostic assessments show that they are	39871
failing to make satisfactory progress toward attaining the	39872
academic standards for their grade level.	39873

Sec. 3301.0723. (A) The independent contractor engaged by	39874
the department of education to create and maintain for school	39875
districts and community schools the student data verification	39876
codes required by division (D)(2) of section 3301.0714 of the	39877
Revised Code, upon request of the director of any state agency	39878
that administers a publicly funded program providing services to	39879
children who are younger than compulsory school age, as defined in	39880
section 3321.01 of the Revised Code, including the directors of	39881
health, job and family services, ~~mental health~~mental health and	39882
addiction services, and developmental disabilities, shall assign a	39883
data verification code to a child who is receiving such services	39884
and shall provide that code to the director. The contractor also	39885
shall provide that code to the department of education.	39886

(B) The director of a state agency that receives a child's	39887
data verification code under division (A) of this section shall	39888
use that code to submit information for that child to the	39889
department of education in accordance with section 3301.0714 of	39890
the Revised Code.	39891

(C) A public school that receives from the independent	39892
contractor the data verification code for a child assigned under	39893
division (A) of this section shall not request or assign to that	39894
child another data verification code under division (D)(2) of	39895
section 3301.0714 of the Revised Code. That school and any other	39896
public school in which the child subsequently enrolls shall use	39897
the data verification code assigned under division (A) of this	39898
section to report data relative to that student required under	39899
section 3301.0714 of the Revised Code.	39900

Sec. 3301.15. The state board of education or its authorized	39901
representatives may inspect all institutions under the control of	39902
the department of job and family services, the department of	39903
~~mental health~~mental health and addiction services, the department	39904
of developmental disabilities, and the department of	39905
rehabilitation and correction which employ teachers, and may make	39906
a report on the teaching, discipline, and school equipment in	39907
these institutions to the director of job and family services, the	39908
director of ~~mental health~~mental health and addiction services,	39909
the director of developmental disabilities, the director of	39910
rehabilitation and correction, and the governor.	39911

Sec. 3301.80. (A) The preparing students for education	39912
success grant program is established. Under the program, the	39913
superintendent of public instruction shall award grants to	39914
nonprofit corporations that are exempt from federal income	39915
taxation under 26 U.S.C. 501(c)(3) of the Internal Revenue Code,	39916
that provide charitable services to needy residents of this state,	39917
and that meet the following requirements:	39918

(1) The nonprofit corporation has at least two locations in	39919
the state that provide after-school programming for youth eighteen	39920
years of age or younger that holistically address areas affecting	39921
student academic success; and	39922

(2) The nonprofit corporation provides evidence that the	39923
students who served in the corporation's after-school programs	39924
have shown academic improvement.	39925

(B) A nonprofit corporation may apply for a grant under this	39926
section on the form prescribed by the superintendent.	39927

(C) The superintendent may award grants to qualified	39928
nonprofit corporations that submit an application that conveys a	39929
credible plan to use grant money for the following purposes:	39930

(1) To establish new after-school programs that will serve a	39931
high concentration of youth eighteen years of age or younger; and	39932

(2) To provide innovative, comprehensive after-school	39933
programs that improve educational outcomes and simultaneously	39934
reduce barriers to academic success through targeted programming	39935
that provides literacy achievement, homework assistance, tutoring,	39936
and high-yield learning activities, as well as character and	39937
self-esteem building that contribute to academic success and	39938
graduation completion, and a comprehensive health and wellness	39939
program.	39940

(D) The superintendent shall do anything necessary and proper	39941
to administer the grant program, including the prescription of an	39942
application form, the establishment of application deadlines, a	39943
schedule for evaluating applications received, criteria for	39944
selecting grantees, and a process to notify successful and	39945
unsuccessful applicants.	39946

(E) The preparing students for education success fund is	39947
created in the state treasury. All moneys deposited into the fund	39948
shall be disbursed as grants under division (C) of this section.	39949

(F) Each grant recipient shall submit an annual report that	39950
provides a detailed accounting of the use of the grant money to	39951
the superintendent and the general assembly.	39952

Sec. 3302.01. As used in this chapter:

39953

(A) "Performance index score" means the average of the totals	39954
derived from calculations for each subject area of English	39955
language arts, mathematics, science, and social studies of the	39956
weighted proportion of untested students and students scoring at	39957
each level of skill described in division (A)(2) of section	39958
3301.0710 of the Revised Code on the assessments prescribed by	39959
divisions (A) and (B)(1) of that section. The department of	39960
education shall assign weights such that students who do not take	39961
an assessment receive a weight of zero and students who take an	39962
assessment receive progressively larger weights dependent upon the	39963
level of skill attained on the assessment. The department shall	39964
assign additional weights to students who have been permitted to	39965
pass over a subject in accordance with a student acceleration	39966
policy adopted under section 3324.10 of the Revised Code. If such	39967
a student attains the proficient score prescribed under division	39968
(A)(2)(c) of section 3301.0710 of the Revised Code or higher on an	39969
assessment, the department shall assign the student the weight	39970
prescribed for the next higher scoring level. If such a student	39971
attains the advanced score, prescribed under division (A)(2)(a) of	39972
section 3301.0710 of the Revised Code, on an assessment, the	39973
department shall assign to the student an additional proportional	39974
weight, as approved by the state board. For each school year that	39975
such a student's score is included in the performance index score	39976
and the student attains the proficient score on an assessment,	39977
that additional weight shall be assigned to the student on a	39978
subject-by-subject basis.	39979

Students shall be included in the "performance index score"	39980
in accordance with division (K)(2) of section 3302.03 of the	39981
Revised Code.	39982

(B) "Subgroup" means a subset of the entire student	39983
population of the state, a school district, or a school building	39984
and includes each of the following:	39985

(1) Major racial and ethnic groups;

39986

(2) Students with disabilities;

39987

(3) Economically disadvantaged students;

39988

(4) Limited English proficient students;

39989

(5) Students identified as gifted in superior cognitive	39990
ability and specific academic ability fields under Chapter 3324.	39991
of the Revised Code. For students who are gifted in specific	39992
academic ability fields, the department shall use data for those	39993
students with specific academic ability in math and reading. If	39994
any other academic field is assessed, the department shall also	39995
include data for students with specific academic ability in that	39996
field.	39997

(6) Students in the lowest quintile for achievement	39998
statewide, as determined by a method prescribed by the state board	39999
of education.	40000

(C) "No Child Left Behind Act of 2001" includes the statutes	40001
codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or	40002
both thereto, rules and regulations promulgated pursuant to those	40003
statutes, guidance documents, and any other policy directives	40004
regarding implementation of that act issued by the United States	40005
department of education.	40006

(D) "Adequate yearly progress" means a measure of annual	40007
academic performance as calculated in accordance with the "No	40008
Child Left Behind Act of 2001."	40009

(E) "Supplemental educational services" means additional	40010
academic assistance, such as tutoring, remediation, or other	40011
educational enrichment activities, that is conducted outside of	40012
the regular school day by a provider approved by the department in	40013
accordance with the "No Child Left Behind Act of 2001."	40014

(F) "Value-added progress dimension" means a measure of	40015
academic gain for a student or group of students over a specific	40016
period of time that is calculated by applying a statistical	40017
methodology to individual student achievement data derived from	40018
the achievement assessments prescribed by section 3301.0710 of the	40019
Revised Code. The "value-added progress dimension" shall be	40020
developed and implemented in accordance with section 3302.021 of	40021
the Revised Code.	40022

(G)(1) "Four-year adjusted cohort graduation rate" means the	40023
number of students who graduate in four years or less with a	40024
regular high school diploma divided by the number of students who	40025
form the adjusted cohort for the graduating class.	40026

(2) "Five-year adjusted cohort graduation rate" means the	40027
number of students who graduate in five years with a regular high	40028
school diploma divided by the number of students who form the	40029
adjusted cohort for the four-year graduation rate.	40030

(H) "State institution of higher education" has the same	40031
meaning as in section 3345.011 of the Revised Code.	40032

(I) "Annual measurable objectives" means a measure of student	40033
progress determined in accordance with an agreement between the	40034
department of education and the United States department of	40035
education.	40036

Sec. 3302.03. Annually, not later than the fifteenth day of	40037
September or the preceding Friday when that day falls on a	40038
Saturday or Sunday, the department of education shall assign a	40039
letter grade for overall academic performance and for each	40040
separate performance measure for each school district, and each	40041
school building in a district, in accordance with this section.	40042
The state board shall adopt rules pursuant to Chapter 119. of the	40043
Revised Code to establish performance criteria for each letter	40044
grade and prescribe a method by which the department assigns each	40045
letter grade. For a school building to which any of the	40046
performance measures do not apply, due to grade levels served by	40047
the building, the state board shall designate the performance	40048
measures that are applicable to the building and that must be	40049
calculated separately and used to calculate the building's overall	40050
grade. The department shall issue annual report cards reflecting	40051
the performance of each school district, each building within each	40052
district, and for the state as a whole using the performance	40053
measures and letter grade system described in this section. The	40054
department shall include on the report card for each district and	40055
each building within each district the most recent two-year trend	40056
data in student achievement for each subject and each grade.	40057

(A)(1) For the 2012-2013 school year, the department shall	40058
issue grades as described in division (E) of this section for each	40059
of the following performance measures:	40060

(a) Annual measurable objectives;

40061

(b) Performance index score for a school district or	40062
building. Grades shall be awarded as a percentage of the total	40063
possible points on the performance index system as adopted by the	40064
state board. In adopting benchmarks for assigning letter grades	40065
under division (A)(1)(b) of this section, the state board of	40066
education shall designate ninety per cent or higher for an "A," at	40067
least seventy per cent but not more than eighty per cent for a	40068
"C," and less than fifty per cent for an "F."	40069

(c) The extent to which the school district or building meets	40070
each of the applicable performance indicators established by the	40071
state board under section 3302.02 of the Revised Code and the	40072
percentage of applicable performance indicators that have been	40073
achieved. In adopting benchmarks for assigning letter grades under	40074
division (A)(1)(c) of this section, the state board shall	40075
designate ninety per cent or higher for an "A."	40076

(d) The four- and five-year adjusted cohort graduation rates.

40077

In adopting benchmarks for assigning letter grades under	40078
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	40079
department shall designate a four-year adjusted cohort graduation	40080
rate of ninety-three per cent or higher for an "A" and a five-year	40081
cohort graduation rate of ninety-five per cent or higher for an	40082
"A."	40083

(e) The overall score under the value-added progress	40084
dimension of a school district or building, for which the	40085
department shall use up to three years of value-added data as	40086
available. The letter grade assigned for this growth measure shall	40087
be as follows:	40088

(i) A score that is at least two standard errors of measure	40089
above the mean score shall be designated as an "A."	40090

(ii) A score that is at least one standard error of measure	40091
but less than two standard errors of measure above the mean score	40092
shall be designated as a "B."	40093

(iii) A score that is less than one standard error of measure	40094
above the mean score but greater than or equal to one standard	40095
error of measure below the mean score shall be designated as a	40096
"C."	40097

(iv) A score that is not greater than one standard error of	40098
measure below the mean score but is greater than or equal to two	40099
standard errors of measure below the mean score shall be	40100
designated as a "D."	40101

(v) A score that is not greater than two standard errors of	40102
measure below the mean score shall be designated as an "F."	40103

Whenever the value-added progress dimension is used as a	40104
graded performance measure, whether as an overall measure or as a	40105
measure of separate subgroups, the grades for the measure shall be	40106
calculated in the same manner as prescribed in division (A)(1)(e)	40107
of this section.	40108

(f) The value-added progress dimension score for a school	40109
district or building disaggregated for each of the following	40110
subgroups: students identified as gifted, students with	40111
disabilities, and students whose performance places them in the	40112
lowest quintile for achievement on a statewide basis. Each	40113
subgroup shall be a separate graded measure.	40114

(2) Not later than April 30, 2013, the state board of	40115
education shall adopt a resolution describing the performance	40116
measures, benchmarks, and grading system for the 2012-2013 school	40117
year and, not later than June 30, 2013, shall adopt rules in	40118
accordance with Chapter 119. of the Revised Code that prescribe	40119
the methods by which the performance measures under division	40120
(A)(1) of this section shall be assessed and assigned a letter	40121
grade, including performance benchmarks for each letter grade.	40122

At least forty-five days prior to the state board's adoption	40123
of rules to prescribe the methods by which the performance	40124
measures under division (A)(1) of this section shall be assessed	40125
and assigned a letter grade, the department shall conduct a public	40126
presentation before the standing committees of the house of	40127
representatives and the senate that consider education legislation	40128
describing such methods, including performance benchmarks.	40129

(3) There shall not be an overall letter grade for a school	40130
district or building for the 2012-2013 school year.	40131

(B)(1) For the 2013-2014 school year, the department shall	40132
issue grades as described in division (E) of this section for each	40133
of the following performance measures:	40134

(a) Annual measurable objectives;

40135

(b) Performance index score for a school district or	40136
building. Grades shall be awarded as a percentage of the total	40137
possible points on the performance index system as created by the	40138
department. In adopting benchmarks for assigning letter grades	40139
under division (B)(1)(b) of this section, the state board shall	40140
designate ninety per cent or higher for an "A," at least seventy	40141
per cent but not more than eighty per cent for a "C," and less	40142
than fifty per cent for an "F."	40143

(c) The extent to which the school district or building meets	40144
each of the applicable performance indicators established by the	40145
state board under section 3302.03 of the Revised Code and the	40146
percentage of applicable performance indicators that have been	40147
achieved. In adopting benchmarks for assigning letter grades under	40148
division (B)(1)(c) of this section, the state board shall	40149
designate ninety per cent or higher for an "A."	40150

(d) The four- and five-year adjusted cohort graduation rates;

40151

(e) The overall score under the value-added progress	40152
dimension of a school district or building, for which the	40153
department shall use up to three years of value-added data as	40154
available.	40155

(f) The value-added progress dimension score for a school	40156
district or building disaggregated for each of the following	40157
subgroups: students identified as gifted in superior cognitive	40158
ability and specific academic ability fields under Chapter 3324.	40159
of the Revised Code, students with disabilities, and students	40160
whose performance places them in the lowest quintile for	40161
achievement on a statewide basis. Each subgroup shall be a	40162
separate graded measure.	40163

(g) Whether a school district or building is making progress	40164
in improving literacy in grades kindergarten through three, as	40165
determined using a method prescribed by the state board. The state	40166
board shall adopt rules to prescribe benchmarks and standards for	40167
assigning grades to districts and buildings for purposes of	40168
division (B)(1)(j) of this section. In adopting benchmarks for	40169
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	40170
this section, the state board shall determine progress made based	40171
on the reduction in the percentage of students scoring below grade	40172
level, or below proficient, compared from year to year on the	40173
English language arts diagnostic assessments administered under	40174
section 3301.0715 of the Revised Code and the third grade English	40175
language arts assessment under section 3301.0710 of the Revised	40176
Code, as applicable. The state board shall designate for a "C"	40177
grade a value that is not lower than the statewide average value	40178
for this measure. No grade shall be issued under divisions	40179
(B)(1)(g) and (C)(1)(j) of this section for a district or building	40180
in which less than five per cent of students have scored below	40181
grade level on the diagnostic assessment administered to students	40182
in kindergarten under division (B)(1) of section 3313.608 of the	40183
Revised Code.	40184

(2) In addition to the graded measures in division (B)(1) of	40185
this section, the department shall include on a school district's	40186
or building's report card all of the following without an assigned	40187
letter grade:	40188

(a) The percentage of students enrolled in a district or	40189
building participating in advanced placement classes and the	40190
percentage of those students who received a score of three or	40191
better on advanced placement examinations;	40192

(b) The number of a district's or building's students who	40193
have earned at least three college credits through dual enrollment	40194
programs, such as the post-secondary enrollment options program	40195
under Chapter 3365. of the Revised Code and state-approved	40196
career-technical courses offered through dual enrollment or	40197
statewide articulation, that appear on a student's transcript or	40198
other official document, either of which is issued by the	40199
institution of higher education from which the student earned the	40200
college credit. The credits earned that are reported under	40201
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	40202
include any that are remedial or developmental and shall include	40203
those that count toward the curriculum requirements established	40204
for completion of a degree.	40205

(c) The percentage of students enrolled in a district or	40206
building who have taken a national standardized test used for	40207
college admission determinations and the percentage of those	40208
students who are determined to be remediation-free in accordance	40209
with standards adopted under division (F) of section 3345.061 of	40210
the Revised Code;	40211

(d) The percentage of the district's or the building's	40212
students who receive industry credentials. The state board shall	40213
adopt criteria for acceptable industry credentials.	40214

(e) The percentage of students enrolled in a district or	40215
building who are participating in an international baccalaureate	40216
program and the percentage of those students who receive a score	40217
of four or better on the international baccalaureate examinations.	40218

(f) The percentage of the district's or building's students	40219
who receive an honors diploma under division (B) of section	40220
3313.61 of the Revised Code.	40221

(3) Not later than December 31, 2013, the state board shall	40222
adopt rules in accordance with Chapter 119. of the Revised Code	40223
that prescribe the methods by which the performance measures under	40224
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	40225
and assigned a letter grade, including performance benchmarks for	40226
each grade.	40227

At least forty-five days prior to the state board's adoption	40228
of rules to prescribe the methods by which the performance	40229
measures under division (B)(1) of this section shall be assessed	40230
and assigned a letter grade, the department shall conduct a public	40231
presentation before the standing committees of the house of	40232
representatives and the senate that consider education legislation	40233
describing such methods, including performance benchmarks.	40234

(4) There shall not be an overall letter grade for a school	40235
district or building for the 2013-2014 school year.	40236

(C)(1) For the 2014-2015 school year and each school year	40237
thereafter, the department shall issue grades as described in	40238
division (E) of this section for each of the following performance	40239
measures and an overall letter grade based on an aggregate of	40240
those measures:	40241

(a) Annual measurable objectives;

40242

(b) Performance index score for a school district or	40243
building. Grades shall be awarded as a percentage of the total	40244
possible points on the performance index system as created by the	40245
department. In adopting benchmarks for assigning letter grades	40246
under division (C)(1)(b) of this section, the state board shall	40247
designate ninety per cent or higher for an "A," at least seventy	40248
per cent but not more than eighty per cent for a "C," and less	40249
than fifty per cent for an "F."	40250

(c) The extent to which the school district or building meets	40251
each of the applicable performance indicators established by the	40252
state board under section 3302.03 of the Revised Code and the	40253
percentage of applicable performance indicators that have been	40254
achieved. In adopting benchmarks for assigning letter grades under	40255
division (C)(1)(c) of this section, the state board shall	40256
designate ninety per cent or higher for an "A."	40257

(d) The four- and five-year adjusted cohort graduation rates;

40258

(e) The overall score under the value-added progress	40259
dimension, or another measure of student academic progress if	40260
adopted by the state board, of a school district or building, for	40261
which the department shall use up to three years of value-added	40262
data as available.	40263

In adopting benchmarks for assigning letter grades for	40264
overall score on value-added progress dimension under division	40265
(C)(1)(e) of this section, the state board shall prohibit the	40266
assigning of a grade of "A" for that measure unless the district's	40267
or building's grade assigned for value-added progress dimension	40268
for all subgroups under division (C)(1)(i) of this section is a	40269
"B" or higher.	40270

For the metric prescribed by division (C)(1)(e) of this	40271
section, the state board may adopt a student academic progress	40272
measure to be used instead of the value-added progress dimension.	40273
If the state board adopts such a measure, it also shall prescribe	40274
a method for assigning letter grades for the new measure that is	40275
comparable to the method prescribed in division (A)(1)(e) of this	40276
section.	40277

(f) The value-added progress dimension score of a school	40278
district or building disaggregated for each of the following	40279
subgroups: students identified as gifted in superior cognitive	40280
ability and specific academic ability fields under Chapter 3324.	40281
of the Revised Code, students with disabilities, and students	40282
whose performance places them in the lowest quintile for	40283
achievement on a statewide basis, as determined by a method	40284
prescribed by the state board. Each subgroup shall be a separate	40285
graded measure.	40286

The state board may adopt student academic progress measures	40287
to be used instead of the value-added progress dimension. If the	40288
state board adopts such measures, it also shall prescribe a method	40289
for assigning letter grades for the new measures that is	40290
comparable to the method prescribed in division (A)(1)(e) of this	40291
section.	40292

(g) Whether a school district or building is making progress	40293
in improving literacy in grades kindergarten through three, as	40294
determined using a method prescribed by the state board. The state	40295
board shall adopt rules to prescribe benchmarks and standards for	40296
assigning grades to a district or building for purposes of	40297
division (C)(1)(j) of this section. The state board shall	40298
designate for a "C" grade a value that is not lower than the	40299
statewide average value for this measure. No grade shall be issued	40300
under division (C)(1)(g) of this section for a district or	40301
building in which less than five per cent of students have scored	40302
below grade level on the kindergarten diagnostic assessment under	40303
division (B)(1) of section 3313.608 of the Revised Code.	40304

(2) In addition to the graded measures in division (C)(1) of	40305
this section, the department shall include on a school district's	40306
or building's report card all of the following without an assigned	40307
letter grade:	40308

(a) The percentage of students enrolled in a district or	40309
building who have taken a national standardized test used for	40310
college admission determinations and the percentage of those	40311
students who are determined to be remediation-free in accordance	40312
with the standards adopted under division (F) of section 3345.061	40313
of the Revised Code;	40314

(b) The percentage of students enrolled in a district or	40315
building participating in advanced placement classes and the	40316
percentage of those students who received a score of three or	40317
better on advanced placement examinations;	40318

(c) The number of a district's or building's students who	40319
have earned at least three college credits through dual enrollment	40320
programs, such as the post-secondary enrollment options program	40321
under Chapter 3365. of the Revised Code and state-approved	40322
career-technical courses offered through dual enrollment or	40323
statewide articulation, that appear on a student's transcript or	40324
other official document, either of which is issued by the	40325
institution of higher education from which the student earned the	40326
college credit. The credits earned that are reported under	40327
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	40328
include any that are remedial or developmental and shall include	40329
those that count toward the curriculum requirements established	40330
for completion of a degree.	40331

(d) The percentage of the district's or building's students	40332
who receive an honor's diploma under division (B) of section	40333
3313.61 of the Revised Code;	40334

(e) The percentage of the district's or building's students	40335
who receive industry credentials;	40336

(f) The percentage of students enrolled in a district or	40337
building who are participating in an international baccalaureate	40338
program and the percentage of those students who receive a score	40339
of four or better on the international baccalaureate examinations;	40340

(g) The results of the college and career-ready assessments	40341
administered under division (B)(1) of section 3301.0712 of the	40342
Revised Code.	40343

(3) The state board shall adopt rules pursuant to Chapter	40344
119. of the Revised Code that establish a method to assign an	40345
overall grade for a school district or school building for the	40346
2014-2015 school year and each school year thereafter. The rules	40347
shall group the performance measures in divisions (C)(1) and (2)	40348
of this section into the following components:	40349

(a) Gap closing, which shall include the performance measure	40350
in division (C)(1)(a) of this section;	40351

(b) Achievement, which shall include the performance measures	40352
in divisions (C)(1)(b) and (c) of this section;	40353

(c) Progress, which shall include the performance measures in	40354
divisions (C)(1)(e) and (i) of this section;	40355

(d) Graduation, which shall include the performance measure	40356
in division (C)(1)(d) of this section;	40357

(e) Kindergarten through third-grade literacy, which shall	40358
include the performance measure in division (C)(1)(k) of this	40359
section;	40360

(f) Prepared for success, which shall include the performance	40361
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	40362
this section. The state board shall develop a method to determine	40363
a grade for the component in division (C)(3)(f) of this section	40364
using the performance measures in divisions (C)(2)(a), (b), (c),	40365
(d), (e), and (f) of this section. When available, the state board	40366
may incorporate the performance measure under division (C)(2)(g)	40367
of this section into the component under division (C)(3)(f) of	40368
this section. When determining the overall grade for the prepared	40369
for success component prescribed by division (C)(3)(f) of this	40370
section, no individual student shall be counted in more than one	40371
performance measure. However, if a student qualifies for more than	40372
one performance measure in the component, the state board may, in	40373
its method to determine a grade for the component, specify an	40374
additional weight for such a student that is not greater than or	40375
equal to 1.0. In determining the overall score under division	40376
(C)(3)(f) of this section, the state board shall ensure that the	40377
pool of students included in the performance measures aggregated	40378
under that division are all of the students included in the four-	40379
and five-year adjusted graduation cohort.	40380

In the rules adopted under division (C)(3) of this section,	40381
the state board shall adopt a method for determining a grade for	40382
each component in divisions (C)(3)(a) to (f) of this section. The	40383
state board also shall establish a method to assign an overall	40384
grade of "A," "B," "C," "D," or "F" using the grades assigned for	40385
each component. The method the state board adopts for assigning an	40386
overall grade shall give equal weight to the components in	40387
divisions (C)(3)(b) and (c) of this section.	40388

At least forty-five days prior to the state board's adoption	40389
of rules to prescribe the methods for calculating the overall	40390
grade for the report card, as required by this division, the	40391
department shall conduct a public presentation before the standing	40392
committees of the house of representatives and the senate that	40393
consider education legislation describing the format for the	40394
report card, weights that will be assigned to the components of	40395
the overall grade, and the method for calculating the overall	40396
grade.	40397

(D) Not later than July 1, 2015, the state board shall	40398
develop a measure of student academic progress for high school	40399
students. Beginning with the report card for the 2015-2016 school	40400
year, each school district and applicable school building shall be	40401
assigned a separate letter grade for this measure and the	40402
district's or building's grade for that measure shall be included	40403
in determining the district's or building's overall letter grade.	40404
This measure shall be included within the measure prescribed in	40405
division (C)(2)(c) of this section in the calculation for the	40406
overall letter grade.	40407

(E) The letter grades assigned to a school district or	40408
building under this section shall be as follows:	40409

(1) "A" for a district or school making excellent progress;

40410

(2) "B" for a district or school making above average	40411
progress;	40412

(3) "C" for a district or school making average progress;

40413

(4) "D" for a district or school making below average	40414
progress;	40415

(5) "F" for a district or school failing to meet minimum	40416
progress.	40417

(F) When reporting data on student achievement and progress,	40418
the department shall disaggregate that data according to the	40419
following categories:	40420

(1) Performance of students by grade-level;

40421

(2) Performance of students by race and ethnic group;

40422

(3) Performance of students by gender;

40423

(4) Performance of students grouped by those who have been	40424
enrolled in a district or school for three or more years;	40425

(5) Performance of students grouped by those who have been	40426
enrolled in a district or school for more than one year and less	40427
than three years;	40428

(6) Performance of students grouped by those who have been	40429
enrolled in a district or school for one year or less;	40430

(7) Performance of students grouped by those who are	40431
economically disadvantaged;	40432

(8) Performance of students grouped by those who are enrolled	40433
in a conversion community school established under Chapter 3314.	40434
of the Revised Code;	40435

(9) Performance of students grouped by those who are	40436
classified as limited English proficient;	40437

(10) Performance of students grouped by those who have	40438
disabilities;	40439

(11) Performance of students grouped by those who are	40440
classified as migrants;	40441

(12) Performance of students grouped by those who are	40442
identified as gifted in superior cognitive ability and the	40443
specific academic ability fields of reading and math pursuant to	40444
Chapter 3324. of the Revised Code. In disaggregating specific	40445
academic ability fields for gifted students, the department shall	40446
use data for those students with specific academic ability in math	40447
and reading. If any other academic field is assessed, the	40448
department shall also include data for students with specific	40449
academic ability in that field as well.	40450

(13) Performance of students grouped by those who perform in	40451
the lowest quintile for achievement on a statewide basis, as	40452
determined by a method prescribed by the state board.	40453

The department may disaggregate data on student performance	40454
according to other categories that the department determines are	40455
appropriate. To the extent possible, the department shall	40456
disaggregate data on student performance according to any	40457
combinations of two or more of the categories listed in divisions	40458
(F)(1) to (13) of this section that it deems relevant.	40459

In reporting data pursuant to division (F) of this section,	40460
the department shall not include in the report cards any data	40461
statistical in nature that is statistically unreliable or that	40462
could result in the identification of individual students. For	40463
this purpose, the department shall not report student performance	40464
data for any group identified in division (F) of this section that	40465
contains less than ten students. If the department does not report	40466
student performance data for a group because it contains less than	40467
ten students, the department shall indicate on the report card	40468
that is why data was not reported.	40469

(G) The department may include with the report cards any	40470
additional education and fiscal performance data it deems	40471
valuable.	40472

(H) The department shall include on each report card a list	40473
of additional information collected by the department that is	40474
available regarding the district or building for which the report	40475
card is issued. When available, such additional information shall	40476
include student mobility data disaggregated by race and	40477
socioeconomic status, college enrollment data, and the reports	40478
prepared under section 3302.031 of the Revised Code.	40479

The department shall maintain a site on the world wide web.	40480
The report card shall include the address of the site and shall	40481
specify that such additional information is available to the	40482
public at that site. The department shall also provide a copy of	40483
each item on the list to the superintendent of each school	40484
district. The district superintendent shall provide a copy of any	40485
item on the list to anyone who requests it.	40486

(I) Division (I) of this section does not apply to conversion	40487
community schools that primarily enroll students between sixteen	40488
and twenty-two years of age who dropped out of high school or are	40489
at risk of dropping out of high school due to poor attendance,	40490
disciplinary problems, or suspensions.	40491

(1) For any district that sponsors a conversion community	40492
school under Chapter 3314. of the Revised Code, the department	40493
shall combine data regarding the academic performance of students	40494
enrolled in the community school with comparable data from the	40495
schools of the district for the purpose of determining the	40496
performance of the district as a whole on the report card issued	40497
for the district under this section or section 3302.033 of the	40498
Revised Code.	40499

(2) Any district that leases a building to a community school	40500
located in the district or that enters into an agreement with a	40501
community school located in the district whereby the district and	40502
the school endorse each other's programs may elect to have data	40503
regarding the academic performance of students enrolled in the	40504
community school combined with comparable data from the schools of	40505
the district for the purpose of determining the performance of the	40506
district as a whole on the district report card. Any district that	40507
so elects shall annually file a copy of the lease or agreement	40508
with the department.	40509

(3) Any municipal school district, as defined in section	40510
3311.71 of the Revised Code, that sponsors a community school	40511
located within the district's territory, or that enters into an	40512
agreement with a community school located within the district's	40513
territory whereby the district and the community school endorse	40514
each other's programs, may exercise either or both of the	40515
following elections:	40516

(a) To have data regarding the academic performance of	40517
students enrolled in that community school combined with	40518
comparable data from the schools of the district for the purpose	40519
of determining the performance of the district as a whole on the	40520
district's report card;	40521

(b) To have the number of students attending that community	40522
school noted separately on the district's report card.	40523

The election authorized under division (I)(3)(a) of this	40524
section is subject to approval by the governing authority of the	40525
community school.	40526

Any municipal school district that exercises an election to	40527
combine or include data under division (I)(3) of this section, by	40528
the first day of October of each year, shall file with the	40529
department documentation indicating eligibility for that election,	40530
as required by the department.	40531

(J) The department shall include on each report card the	40532
percentage of teachers in the district or building who are highly	40533
qualified, as defined by the "No Child Left Behind Act of 2001,"	40534
and a comparison of that percentage with the percentages of such	40535
teachers in similar districts and buildings.	40536

(K)(1) In calculating English language arts, mathematics,	40537
social studies, or science assessment passage rates used to	40538
determine school district or building performance under this	40539
section, the department shall include all students taking an	40540
assessment with accommodation or to whom an alternate assessment	40541
is administered pursuant to division (C)(1) or (3) of section	40542
3301.0711 of the Revised Code.	40543

(2) In calculating performance index scores, rates of	40544
achievement on the performance indicators established by the state	40545
board under section 3302.02 of the Revised Code, and annual	40546
measurable objectives for determining adequate yearly progress for	40547
school districts and buildings under this section, the department	40548
shall do all of the following:	40549

(a) Include for each district or building only those students	40550
who are included in the ADM certified for the first full school	40551
week of October and are continuously enrolled in the district or	40552
building through the time of the spring administration of any	40553
assessment prescribed by division (A)(1) or (B)(1) of section	40554
3301.0710 of the Revised Code that is administered to the	40555
student's grade level;	40556

(b) Include cumulative totals from both the fall and spring	40557
administrations of the third grade English language arts	40558
achievement assessment;	40559

(c) Except as required by the "No Child Left Behind Act of	40560
2001," exclude for each district or building any limited English	40561
proficient student who has been enrolled in United States schools	40562
for less than one full school year.	40563

(L) Beginning with the 2015-2016 school year and at least	40564
once every three years thereafter, the state board of education	40565
shall review and may adjust the benchmarks for assigning letter	40566
grades to the performance measures and components prescribed under	40567
divisions (C)(3) and (D) of this section.	40568

Sec. 3302.22. (A) The governor's effective and efficient	40569
schools recognition program is hereby created. Each year, the	40570
governor shall recognize, in a manner deemed appropriate by the	40571
governor, the top ten per cent of all public schools in this	40572
state, including ~~schools of~~ city, exempted village, and local	40573
school districts, or joint vocational school districts, community	40574
schools established under Chapter 3314. ~~of the Revised Code~~, and	40575
STEM schools established under Chapter 3326. of the Revised Code.	40576

(B) The top ten per cent of schools shall be determined by	40577
the department of education according to standards established by	40578
the department, in consultation with the governor's office of 21st	40579
century education. The standards for recognition for each type of	40580
school may vary depending upon the unique characteristics of that	40581
type of school. The standards shall include, but need not be	40582
limited to, both of the following, provided that sufficient data	40583
is available for each school:	40584

(1) Student performance, as determined by factors ~~including~~	40585
that may include, but not be limited to, performance indicators	40586
under section 3302.02 of the Revised Code, report cards issued	40587
under section 3302.03 of the Revised Code, performance index score	40588
rankings under section 3302.21 of the Revised Code, and any other	40589
statewide or national assessment or student performance	40590
recognition program the department selects;	40591

(2) Fiscal performance, ~~including~~which may include	40592
cost-effective measures taken by the school.	40593

(C) If applicable, the standards under divisions (B)(1) and	40594
(2) of this section may be applied at the school building or	40595
district level, depending upon the quality and availability of	40596
data.	40597

Sec. 3302.26. (A) As used in this section:

40598

(1) "Expenditure per equivalent pupils" is the total	40599
operating expenditures of a school district divided by the measure	40600
of equivalent pupils.	40601

(2) "Measure of equivalent pupils" is the total number of	40602
students in a school district adjusted for the relative	40603
differences in costs associated with the unique characteristics	40604
and needs of each category of pupil.	40605

(B) The department of education shall create a performance	40606
management section on the department's public web site. The	40607
performance management section shall include information on	40608
academic and financial performance metrics for each school	40609
district to assist schools and districts in providing an effective	40610
and efficient delivery of educational services. The section shall	40611
include a graph that illustrates the relationship between a	40612
district's academic performance, as measured by the performance	40613
index score, and its expenditure per equivalent pupils as compared	40614
to similar districts. The section shall include statistics of	40615
academic and financial performance measures for each school	40616
district to allow for a comparison and benchmarking between	40617
districts.	40618

(C) The department may contract with an independent	40619
organization to develop and host the performance management	40620
section of its web site.	40621

Sec. 3304.231. There is hereby created a brain injury	40622
advisory committee, which shall advise the administrator of the	40623
rehabilitation services commission and the brain injury program	40624
with regard to unmet needs of survivors of brain injury,	40625
development of programs for survivors and their families,	40626
establishment of training programs for health care professionals,	40627
and any other matter within the province of the brain injury	40628
program. The committee shall consist of not fewer than ~~twenty~~	40629
nineteen and not more than ~~twenty-two~~twenty-one members as	40630
follows:	40631

(A) Not fewer than ten and not more than twelve members	40632
appointed by the administrator of the rehabilitation services	40633
commission, including all of the following: a survivor of brain	40634
injury, a relative of a survivor of brain injury, a licensed	40635
physician recommended by the Ohio chapter of the American college	40636
of emergency physicians, a licensed physician recommended by the	40637
Ohio state medical association, one other health care	40638
professional, a rehabilitation professional, an individual who	40639
represents the brain injury association of Ohio, and not fewer	40640
than three nor more than five individuals who shall represent the	40641
public;	40642

(B) The directors of the departments of health, ~~alcohol and~~	40643
~~drug addiction services~~mental health and drug addiction services,	40644
developmental disabilities, ~~mental health, job and family~~	40645
~~services,~~ aging, and public safety; the medicaid director; the	40646
administrator of workers' compensation; the superintendent of	40647
public instruction; and the administrator of the rehabilitation	40648
services commission. Any of the officials specified in this	40649
division may designate an individual to serve in the official's	40650
place as a member of the committee.	40651

Terms of office of the appointed members shall be two years.	40652
Members may be reappointed. Vacancies shall be filled in the	40653
manner provided for original appointments. Any member appointed to	40654
fill a vacancy occurring prior to the expiration date of the term	40655
for which the member's predecessor was appointed shall hold office	40656
as a member for the remainder of that term.	40657

Members of the committee shall serve without compensation,	40658
but shall be reimbursed for actual and necessary expenses incurred	40659
in the performance of their duties.	40660

Sec. 3305.03. (A) The Ohio board of regents shall designate	40661
the entities that are eligible to provide investment options under	40662
alternative retirement plans maintained by public institutions of	40663
higher education. The board shall accept and review applications	40664
from entities seeking designation as a vendor. The board shall not	40665
designate an entity as a vendor unless the entity meets the	40666
requirements described in division (B) of this section.	40667

(B) To be eligible for designation as a vendor, an entity	40668
must meet both of the following requirements:	40669

(1) The entity must be authorized to conduct business in this	40670
state with regard to the investment options to be offered under an	40671
alternative retirement plan maintained by a public institution of	40672
higher education.	40673

(2) The entity must ~~offer~~meet one of the following	40674
requirements:	40675

(a) Have provided investment options for not less than ten	40676
years under alternative retirement plans maintained by public	40677
institutions of higher education in this state;	40678

(b) Offer the same or similar investment options under	40679
alternative retirement plans, optional retirement plans, or	40680
similar types of plans with respect to which all of the following	40681
apply:	40682

~~(a)~~(i) The plans are defined contribution plans that are	40683
qualified plans under Internal Revenue Code 401(a) or 403(b).	40684

~~(b)~~(ii) The plans are maintained by institutions of higher	40685
education in at least ten other states.	40686

~~(c)~~(iii) The plans are established as primary retirement	40687
plans that are alternatives to or a component of the applicable	40688
state retirement system.	40689

(C) In determining whether to designate an entity as a	40690
vendor, the board of regents shall identify, consider, and	40691
evaluate all of the following:	40692

(1) The experience of the entity in providing in this state	40693
or other states investment options under alternative retirement	40694
plans, optional retirement plans, or similar types of plans that	40695
meet the requirements of division (B)(2)(a) or (b) of this	40696
section, as applicable;	40697

(2) The potential effectiveness of the entity in recruiting	40698
eligible employees to select that entity for purposes of	40699
participating in an alternative retirement plan and in retaining	40700
those employees' accounts;	40701

(3) Whether the entity intends to offer a broad range of	40702
investment options to the electing employees;	40703

(4) The suitability of the investment options to the needs	40704
and interests of the electing employees and their beneficiaries;	40705

(5) The capability of the entity to offer sufficient	40706
information to the electing employees and their beneficiaries to	40707
make informed decisions with regard to investment options offered	40708
by the entity;	40709

(6) The capability of the entity to perform in a manner that	40710
is in the best interests of the electing employees and their	40711
beneficiaries;	40712

(7) The fees and expenses associated with the entity's	40713
investment options and the manner in which the entity intends to	40714
disclose those fees and expenses;	40715

(8) The rights and benefits to be provided under the	40716
investment options;	40717

(9) The capability of the entity to provide the rights and	40718
benefits under the investment options;	40719

(10) Comments submitted by a public institution of higher	40720
education under section 3305.031 of the Revised Code;	40721

(11) Any other matters the board of regents considers	40722
relevant.	40723

(D) The board of regents shall conduct periodic reviews of	40724
each entity designated as a vendor and the investment options	40725
being offered to ensure that the requirements and purposes of this	40726
chapter are being met. The reviews of a vendor shall occur not	40727
less frequently than once every three years.	40728

If it finds that the vendor is not in compliance with the	40729
requirements of this chapter or the vendor is not satisfactorily	40730
meeting the purposes of this chapter, the board shall rescind the	40731
vendor's designation.	40732

(E) Notwithstanding sections 125.01 to 125.11 of the Revised	40733
Code, designation of a vendor or the execution of any agreement	40734
under this chapter is not subject to competitive bidding under	40735
those sections.	40736

Sec. 3307.51. (A) The state teachers retirement board shall	40737
have prepared annually by or under the supervision of an actuary	40738
an actuarial valuation of the pension assets, liabilities, and	40739
funding requirements of the STRS defined benefit plan. The actuary	40740
shall complete the valuation in accordance with actuarial	40741
standards of practice promulgated by the actuarial standards board	40742
of the American academy of actuaries and prepare a report of the	40743
valuation. The report shall include all of the following:	40744

(1) A summary of the benefit provisions evaluated;

40745

(2) A summary of the census data and financial information	40746
used in the valuation;	40747

(3) A description of the actuarial assumptions, actuarial	40748
cost method, and asset valuation method used in the valuation,	40749
including a statement of the assumed rate of payroll growth and	40750
assumed rate of growth or decline in the number of members	40751
contributing to the retirement system;	40752

(4) A summary of findings that includes a statement of the	40753
actuarial accrued pension liabilities and unfunded actuarial	40754
accrued pension liabilities;	40755

(5) A schedule showing the effect of any changes in the	40756
benefit provisions, actuarial assumptions, or cost methods since	40757
the last annual actuarial valuation;	40758

(6) A statement of whether contributions to the retirement	40759
system are expected to be sufficient to satisfy the funding	40760
objectives established by the board.	40761

The board shall submit the report to the Ohio retirement	40762
study council, the director of budget and management, and the	40763
standing committees of the house of representatives and the senate	40764
with primary responsibility for retirement legislation immediately	40765
upon its availability and not later than the first day of January	40766
following the year for which the valuation was made.	40767

(B) At such times as the state teachers retirement board	40768
determines, and at least once in each quinquennial period, the	40769
board shall have prepared by or under the supervision of an	40770
actuary an actuarial investigation of the mortality, service, and	40771
other experience of the members, retirants, and beneficiaries of	40772
the system, and other system retirants as defined in section	40773
3307.35 of the Revised Code to update the actuarial assumptions	40774
used in the actuarial valuation required by division (A) of this	40775
section. The actuary shall prepare a report of the actuarial	40776
investigation. The report shall be prepared and any recommended	40777
changes in actuarial assumptions shall be made in accordance with	40778
the actuarial standards of practice promulgated by the actuarial	40779
standards board of the American academy of actuaries. The report	40780
shall include all of the following:	40781

(1) A summary of relevant decrement and economic assumption	40782
experience observed over the period of the investigation;	40783

(2) Recommended changes in actuarial assumptions to be used	40784
in subsequent actuarial valuations required by division (A) of	40785
this section;	40786

(3) A measurement of the financial effect of the recommended	40787
changes in actuarial assumptions.	40788

The board shall submit the report to the Ohio retirement	40789
study council and the standing committees of the house of	40790
representatives and the senate with primary responsibility for	40791
retirement legislation not later than the first day of May	40792
following the last fiscal year of the period the report covers.	40793

(C) The board may at any time request the actuary to make any	40794
other studies or actuarial valuations to determine the adequacy of	40795
the normal and deficiency rates of contribution provided by	40796
section 3307.28 of the Revised Code, and those rates may be	40797
adjusted by the board, as recommended by the actuary, effective as	40798
of the first of any year thereafter.	40799

(D) The board shall have prepared by or under the supervision	40800
of an actuary an actuarial analysis of any introduced legislation	40801
expected to have a measurable financial impact on the retirement	40802
system. The actuarial analysis shall be completed in accordance	40803
with the actuarial standards of practice promulgated by the	40804
actuarial standards board of the American academy of actuaries.	40805
The actuary shall prepare a report of the actuarial analysis,	40806
which shall include all of the following:	40807

(1) A summary of the statutory changes that are being	40808
evaluated;	40809

(2) A description of or reference to the actuarial	40810
assumptions and actuarial cost method used in the report;	40811

(3) A description of the participant group or groups included	40812
in the report;	40813

(4) A statement of the financial impact of the legislation,	40814
including the resulting increase, if any, in the employer normal	40815
cost percentage; the increase, if any, in actuarial accrued	40816
liabilities; and the per cent of payroll that would be required to	40817
amortize the increase in actuarial accrued liabilities as a level	40818
per cent of covered payroll for all active members over a period	40819
not to exceed thirty years;	40820

(5) A statement of whether the scheduled contributions to the	40821
system after the proposed change is enacted are expected to be	40822
sufficient to satisfy the funding objectives established by the	40823
board.	40824

Not later than sixty days from the date of introduction of	40825
the legislation, the board shall submit a copy of the actuarial	40826
analysis to the legislative service commission, the standing	40827
committees of the house of representatives and the senate with	40828
primary responsibility for retirement legislation, and the Ohio	40829
retirement study council.	40830

(E) The board shall have prepared annually a report giving a	40831
full accounting of the revenues and costs relating to the	40832
provision of benefits under section 3307.39 of the Revised Code.	40833
The report shall be made as of June 30, 1997, and the thirtieth	40834
day of June of each year thereafter. The report shall include the	40835
following:	40836

(1) A description of the statutory authority for the benefits	40837
provided;	40838

(2) A summary of the benefits;

40839

(3) A summary of the eligibility requirements for the	40840
benefits;	40841

(4) A statement of the number of participants eligible for	40842
the benefits;	40843

(5) A description of the accounting, asset valuation, and	40844
funding method used to provide the benefits;	40845

(6) A statement of the net assets available for the	40846
provisions of benefits as of the last day of the fiscal year;	40847

(7) A statement of any changes in the net assets available	40848
for the provision of benefits, including participant and employer	40849
contributions, net investment income, administrative expenses, and	40850
benefits provided to participants, as of the last day of the	40851
fiscal year;	40852

(8) For the last six consecutive fiscal years, a schedule of	40853
the net assets available for the benefits, the annual cost of	40854
benefits, administrative expenses incurred, and annual employer	40855
contributions allocated for the provision of benefits;	40856

(9) A description of any significant changes that affect the	40857
comparability of the report required under this division;	40858

(10) A statement of the amount paid under division (B) of	40859
section 3307.39 of the Revised Code.	40860

The board shall submit the report to the Ohio retirement	40861
study council, the director of budget and management, and the	40862
standing committees of the house of representatives and the senate	40863
with primary responsibility for retirement legislation immediately	40864
upon its availability and not later than the thirty-first day of	40865
December following the year for which the report was made.	40866

Sec. 3309.21. (A) The school employees retirement board	40867
shall have prepared annually by or under the supervision of an	40868
actuary an actuarial valuation of the pension assets, liabilities,	40869
and funding requirements of the school employees retirement system	40870
as established pursuant to this chapter. The actuary shall	40871
complete the valuation in accordance with actuarial standards of	40872
practice promulgated by the actuarial standards board of the	40873
American academy of actuaries and prepare a report of the	40874
valuation. The report shall include all of the following:	40875

(1) A summary of the benefit provisions evaluated;

40876

(2) A summary of the census data and financial information	40877
used in the valuation;	40878

(3) A description of the actuarial assumptions, actuarial	40879
cost method, and asset valuation method used in the valuation,	40880
including a statement of the assumed rate of payroll growth and	40881
assumed rate of growth or decline in the number of members	40882
contributing to the retirement system;	40883

(4) A summary of findings that includes a statement of the	40884
actuarial accrued pension liabilities and unfunded actuarial	40885
accrued pension liabilities;	40886

(5) A schedule showing the effect of any changes in the	40887
benefit provisions, actuarial assumptions, or cost methods since	40888
the last annual actuarial valuation;	40889

(6) A statement of whether contributions to the retirement	40890
system are expected to be sufficient to satisfy the funding	40891
objectives established by the board.	40892

The board shall submit the report to the Ohio retirement	40893
study council, the director of budget and management, and the	40894
standing committees of the house of representatives and the senate	40895
with primary responsibility for retirement legislation immediately	40896
upon its availability and not later than the first day of May	40897
following the year for which the valuation was made.	40898

(B) At such times as the school employees retirement board	40899
determines, and at least once in each quinquennial period, the	40900
board shall have prepared by or under the supervision of an	40901
actuary an actuarial investigation of the mortality, service, and	40902
other experience of the members, retirants, and beneficiaries of	40903
the retirement system, and SERS retirants and other system	40904
retirants as defined in section 3309.341 of the Revised Code to	40905
update the actuarial assumptions used in the actuarial valuation	40906
required by division (A) of this section. The actuary shall	40907
prepare a report of the actuarial investigation. The report shall	40908
be prepared and any recommended changes in actuarial assumptions	40909
shall be made in accordance with the actuarial standards of	40910
practice promulgated by the actuarial standards board of the	40911
American academy of actuaries. The report shall include all of the	40912
following:	40913

(1) A summary of relevant decrement and economic assumption	40914
experience observed over the period of the investigation;	40915

(2) Recommended changes in actuarial assumptions to be used	40916
in subsequent actuarial valuations required by division (A) of	40917
this section;	40918

(3) A measurement of the financial effect of the recommended	40919
changes in actuarial assumptions.	40920

The board shall submit the report to the Ohio retirement	40921
study council and the standing committees of the house of	40922
representatives and the senate with primary responsibility for	40923
retirement legislation not later than the first day of May	40924
following the last fiscal year of the period the report covers.	40925

(C) The board may at any time request the actuary to make any	40926
studies or actuarial valuations to determine the adequacy of the	40927
rates of contribution as provided by section 3309.49 of the	40928
Revised Code, and those rates may be adjusted by the board, as	40929
recommended by the actuary, effective as of the first of any year	40930
thereafter.	40931

(D) The board shall have prepared by or under the supervision	40932
of an actuary an actuarial analysis of any introduced legislation	40933
expected to have a measurable financial impact on the retirement	40934
system. The actuarial analysis shall be completed in accordance	40935
with the actuarial standards of practice promulgated by the	40936
actuarial standards board of the American academy of actuaries.	40937
The actuary shall prepare a report of the actuarial analysis,	40938
which shall include all of the following:	40939

(1) A summary of the statutory changes that are being	40940
evaluated;	40941

(2) A description of or reference to the actuarial	40942
assumptions and actuarial cost method used in the report;	40943

(3) A description of the participant group or groups included	40944
in the report;	40945

(4) A statement of the financial impact of the legislation,	40946
including the resulting increase, if any, in the employer normal	40947
cost percentage; the increase, if any, in actuarial accrued	40948
liabilities; and the per cent of payroll that would be required to	40949
amortize the increase in actuarial accrued liabilities as a level	40950
per cent of covered payroll for all active members over a period	40951
not to exceed thirty years;	40952

(5) A statement of whether the scheduled contributions to the	40953
system after the proposed change is enacted are expected to be	40954
sufficient to satisfy the funding objectives established by the	40955
board.	40956

Not later than sixty days from the date of introduction of	40957
the legislation, the board shall submit a copy of the actuarial	40958
analysis to the legislative service commission, the standing	40959
committees of the house of representatives and the senate with	40960
primary responsibility for retirement legislation, and the Ohio	40961
retirement study council.	40962

(E) The board shall have prepared annually a report giving a	40963
full accounting of the revenues and costs relating to the	40964
provision of benefits under sections 3309.375 and 3309.69 of the	40965
Revised Code. The report shall be made as of June 30, 1997, and	40966
the thirtieth day of June of each year thereafter. The report	40967
shall include the following:	40968

(1) A description of the statutory authority for the benefits	40969
provided;	40970

(2) A summary of the benefits;

40971

(3) A summary of the eligibility requirements for the	40972
benefits;	40973

(4) A statement of the number of participants eligible for	40974
the benefits;	40975

(5) A description of the accounting, asset valuation, and	40976
funding method used to provide the benefits;	40977

(6) A statement of the net assets available for the provision	40978
of the benefits as of the last day of the fiscal year;	40979

(7) A statement of any changes in the net assets available	40980
for the provision of benefits, including participant and employer	40981
contributions, net investment income, administrative expenses, and	40982
benefits provided to participants, as of the last day of the	40983
fiscal year;	40984

(8) For the last six consecutive fiscal years, a schedule of	40985
the net assets available for the benefits, the annual cost of	40986
benefits, administrative expenses incurred, and annual employer	40987
contributions allocated for the provision of benefits;	40988

(9) A description of any significant changes that affect the	40989
comparability of the report required under this division;	40990

(10) A statement of the amount paid under division (E) of	40991
section 3309.69 of the Revised Code.	40992

The board shall submit the report to the Ohio retirement	40993
study council, the director of budget and management, and the	40994
standing committees of the house of representatives and the senate	40995
with primary responsibility for retirement legislation immediately	40996
upon its availability and not later than the thirty-first day of	40997
December following the year for which the report was made.	40998

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	40999
Revised Code:	41000

(A) "Chartered nonpublic school" means a nonpublic school	41001
that holds a valid charter issued by the state board of education	41002
under section 3301.16 of the Revised Code and meets the standards	41003
established for such schools in rules adopted by the state board.	41004

(B) An "eligible student" is a student who satisfies the	41005
conditions specified in section 3310.03 or 3310.032 of the Revised	41006
Code.	41007

(C) "Parent" has the same meaning as in section 3313.98 of	41008
the Revised Code.	41009

(D) "Resident district" means the school district in which a	41010
student is entitled to attend school under section 3313.64 or	41011
3313.65 of the Revised Code.	41012

(E) "School year" has the same meaning as in section 3313.62	41013
of the Revised Code.	41014

Sec. 3310.02. (A) The educational choice scholarship pilot	41015
program is hereby established. Under the program, the department	41016
of education annually shall pay scholarships to attend chartered	41017
nonpublic schools in accordance with section 3310.08 of the	41018
Revised Code for up to the following number of eligible students:	41019

(1) Thirty thousand in the 2011-2012 school year;

41020

(2) Sixty thousand in the 2012-2013 school year and	41021
thereafter.	41022

(B) If the number of students who apply for a scholarship	41023
exceeds the number of scholarships available under division (A) of	41024
this section for the applicable school year, the department shall	41025
award scholarships in the following order of priority:	41026

(1) First, to eligible students who received scholarships in	41027
the prior school year;	41028

(2) Second, to eligible students with family incomes at or	41029
below two hundred per cent of the federal poverty guidelines, as	41030
defined in section 5101.46 of the Revised Code, who qualify under	41031
division (A) of section 3310.03 of the Revised Code. If the number	41032
of students described in division (B)(2) of this section who apply	41033
for a scholarship exceeds the number of available scholarships	41034
after awards are made under division (B)(1) of this section, the	41035
department shall select students described in division (B)(2) of	41036
this section by lot to receive any remaining scholarships.	41037

(3) Third, to other eligible students who qualify under	41038
division (A) of section 3310.03 of the Revised Code. If the number	41039
of students described in division (B)(3) of this section who apply	41040
for a scholarship exceeds the number of available scholarships	41041
after awards are made under divisions (B)(1) and (2) of this	41042
section, the department shall select students described in	41043
division (B)(3) of this section by lot to receive any remaining	41044
scholarships.	41045

(4) Fourth, to eligible students with family incomes at or	41046
below two hundred per cent of the federal poverty guidelines who	41047
qualify under division ~~(B)~~(D) of section 3310.03 of the Revised	41048
Code. If the number of students described in division (B)(4) of	41049
this section who apply for a scholarship exceeds the number of	41050
available scholarships after awards are made under divisions	41051
(B)(1) to (3) of this section, the department shall select	41052
students described in division (B)(4) of this section by lot to	41053
receive any remaining scholarships.	41054

(5) Fifth, to other eligible students who qualify under	41055
division ~~(B)~~(D) of section 3310.03 of the Revised Code. If the	41056
number of students described in division (B)(5) of this section	41057
who apply for a scholarship exceeds the number of available	41058
scholarships after awards are made under divisions (B)(1) to (4)	41059
of this section, the department shall select students described in	41060
division (B)(5) of this section by lot to receive any remaining	41061
scholarships.	41062

(6) Sixth, to eligible students with family incomes at or	41063
below two hundred per cent of the federal poverty guidelines who	41064
qualify under division (B) of section 3310.03 of the Revised Code.	41065
If the number of students described in division (B)(6) of this	41066
section who apply for a scholarship exceeds the number of	41067
available scholarships after awards are made under divisions	41068
(B)(1) to (5) of this section, the department shall select	41069
students described in division (B)(6) of this section by lot to	41070
receive any remaining scholarships.	41071

(7) Seventh, to other eligible students who qualify under	41072
division (B) of section 3310.03 of the Revised Code. If the number	41073
of students described in division (B)(7) of this section who apply	41074
for a scholarship exceeds the number of available scholarships	41075
after awards are made under divisions (B)(1) to (6) of this	41076
section, the department shall select students described in	41077
division (B)(7) of this section by lot to receive any remaining	41078
scholarships.	41079

Sec. 3310.03. A student is an "eligible student" for	41080
purposes of the educational choice scholarship pilot program if	41081
the student's resident district is not a school district in which	41082
the pilot project scholarship program is operating under sections	41083
3313.974 to 3313.979 of the Revised Code and the student satisfies	41084
one of the conditions in division (A), (B), or (C), or (D) of this	41085
section:	41086

(A)(1) The student is enrolled in a school building operated	41087
by the student's resident district that, on the report card issued	41088
under section 3302.03 of the Revised Code published prior to the	41089
first day of July of the school year for which a scholarship is	41090
sought, did not receive a rating as described in division ~~(G)~~(H)	41091
of this section, and to which any or a combination of any of the	41092
following apply for two of the three most recent report cards	41093
published prior to the first day of July of the school year for	41094
which a scholarship is sought:	41095

(a) The building was declared to be in a state of academic	41096
emergency or academic watch under section 3302.03 of the Revised	41097
Code as that section existed prior to ~~the effective date of this~~	41098
~~amendment~~March 22, 2013.	41099

(b) The building received a grade of "D" or "F" for the	41100
performance index score under division (A)(1)(b) or (B)(1)(b) of	41101
section 3302.03 of the Revised Code and for the value-added	41102
progress dimension under division (A)(1)(e) or (B)(1)(e) of	41103
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	41104
school year, or both; or if the building serves only grades ten	41105
through twelve, the building received a grade of "D" or "F" for	41106
the performance index score under division (A)(1)(b) or (B)(1)(b)	41107
of section 3302.03 of the Revised Code and had a four-year	41108
adjusted cohort graduation rate of less than seventy-five per	41109
cent.	41110

(c) The building received an overall grade of "D" or "F"	41111
under division (C)(3) of section 3302.03 of the Revised Code or a	41112
grade of "F" for the value-added progress dimension under division	41113
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	41114
school year or any school year thereafter.	41115

(2) The student is eligible to enroll in kindergarten in the	41116
school year for which a scholarship is sought and otherwise would	41117
be assigned under section 3319.01 of the Revised Code to a school	41118
building described in division (A)(1) of this section.	41119

(3) The student is enrolled in a community school established	41120
under Chapter 3314. of the Revised Code but otherwise would be	41121
assigned under section 3319.01 of the Revised Code to a building	41122
described in division (A)(1) of this section.	41123

(4) The student is enrolled in a school building operated by	41124
the student's resident district or in a community school	41125
established under Chapter 3314. of the Revised Code and otherwise	41126
would be assigned under section 3319.01 of the Revised Code to a	41127
school building described in division (A)(1) of this section in	41128
the school year for which the scholarship is sought.	41129

(5) The student is eligible to enroll in kindergarten in the	41130
school year for which a scholarship is sought, or is enrolled in a	41131
community school established under Chapter 3314. of the Revised	41132
Code, and all of the following apply to the student's resident	41133
district:	41134

(a) The district has in force an intradistrict open	41135
enrollment policy under which no student in kindergarten or the	41136
community school student's grade level, respectively, is	41137
automatically assigned to a particular school building;	41138

(b) In the most recent rating published prior to the first	41139
day of July of the school year for which scholarship is sought,	41140
the district did not receive a rating described in division ~~(G)~~(H)	41141
of this section, and in at least two of the three most recent	41142
report cards published prior to the first day of July of that	41143
school year, any or a combination of the following apply to the	41144
district:	41145

(i) The district was declared to be in a state of academic	41146
emergency under section 3302.03 of the Revised Code as it existed	41147
prior to ~~the effective date of this amendment~~March 22, 2013.	41148

(ii) The district received a grade of "D" or "F" for the	41149
performance index score under division (A)(1)(b) or (B)(1)(b) of	41150
section 3302.03 of the Revised Code and for the value-added	41151
progress dimension under division (A)(1)(e) or (B)(1)(e) of	41152
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	41153
school year, or both.	41154

(c) The district received an overall grade of "D" or "F"	41155
under division (C)(3) of section 3302.03 of the Revised Code or a	41156
grade of "F" for the value-added progress dimension under division	41157
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	41158
school year or any school year thereafter.	41159

(B)(1) The student is enrolled in a school building operated	41160
by the student's resident district and to which both of the	41161
following apply:	41162

(a) The building was ranked, for at least two of the three	41163
most recent rankings published under section 3302.21 of the	41164
Revised Code prior to the first day of July of the school year for	41165
which a scholarship is sought, in the lowest ten per cent of all	41166
public school buildings according to performance index score under	41167
section 3302.21 of the Revised Code.	41168

(b) The building was not declared to be excellent or	41169
effective, or the equivalent of such ratings as determined by the	41170
department of education, under section 3302.03 of the Revised Code	41171
in the most recent rating published prior to the first day of July	41172
of the school year for which a scholarship is sought.	41173

(2) The student is eligible to enroll in kindergarten in the	41174
school year for which a scholarship is sought and otherwise would	41175
be assigned under section 3319.01 of the Revised Code to a school	41176
building described in division (B)(1) of this section.	41177

(3) The student is enrolled in a community school established	41178
under Chapter 3314. of the Revised Code but otherwise would be	41179
assigned under section 3319.01 of the Revised Code to a building	41180
described in division (B)(1) of this section.	41181

(4) The student is enrolled in a school building operated by	41182
the student's resident district or in a community school	41183
established under Chapter 3314. of the Revised Code and otherwise	41184
would be assigned under section 3319.01 of the Revised Code to a	41185
school building described in division (B)(1) of this section in	41186
the school year for which the scholarship is sought.	41187

(C) The student is enrolled in a nonpublic school at the time	41188
the school is granted a charter by the state board of education	41189
under section 3301.16 of the Revised Code and the student meets	41190
the standards of division (B) of section 3310.031 of the Revised	41191
Code.	41192

(D) For the 2016-2017 school year and each school year	41193
thereafter, the student is in any of grades kindergarten through	41194
three, is enrolled in a school building that is operated by the	41195
student's resident district, and to which both of the following	41196
apply:	41197

(1) The building, in at least two of the three most recent	41198
ratings of school buildings published prior to the first day of	41199
July of the school year for which a scholarship is sought,	41200
received a grade of "D" or "F" for making progress in improving	41201
literacy in grades kindergarten through three under division	41202
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	41203

(2) The building did not receive a grade of "A" for making	41204
progress in improving literacy in grades kindergarten through	41205
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	41206
the Revised Code in the most recent rating published prior to the	41207
first day of July of the school year for which a scholarship is	41208
sought.	41209

(E) A student who receives a scholarship under the	41210
educational choice scholarship pilot program remains an eligible	41211
student and may continue to receive scholarships in subsequent	41212
school years until the student completes grade twelve, so long as	41213
all of the following apply:	41214

(1) The student's resident district remains the same, or the	41215
student transfers to a new resident district and otherwise would	41216
be assigned in the new resident district to a school building	41217
described in division (A)(1) or, (B)(1), or (D) of this section;	41218

(2) The student takes each assessment prescribed for the	41219
student's grade level under section 3301.0710 or 3301.0712 of the	41220
Revised Code while enrolled in a chartered nonpublic school;	41221

(3) In each school year that the student is enrolled in a	41222
chartered nonpublic school, the student is absent from school for	41223
not more than twenty days that the school is open for instruction,	41224
not including excused absences.	41225

~~(E)~~(F)(1) The department shall cease awarding first-time	41226
scholarships pursuant to divisions (A)(1) to (4) of this section	41227
with respect to a school building that, in the most recent ratings	41228
of school buildings published under section 3302.03 of the Revised	41229
Code prior to the first day of July of the school year, ceases to	41230
meet the criteria in division (A)(1) of this section. The	41231
department shall cease awarding first-time scholarships pursuant	41232
to division (A)(5) of this section with respect to a school	41233
district that, in the most recent ratings of school districts	41234
published under section 3302.03 of the Revised Code prior to the	41235
first day of July of the school year, ceases to meet the criteria	41236
in division (A)(5) of this section.	41237

(2) The department shall cease awarding first-time	41238
scholarships pursuant to divisions (B)(1) to (4) of this section	41239
with respect to a school building that, in the most recent ratings	41240
of school buildings under section 3302.03 of the Revised Code	41241
prior to the first day of July of the school year, ceases to meet	41242
the criteria in division (B)(1) of this section.	41243

(3) The department shall cease awarding first-time	41244
scholarships pursuant to division (D) of this section with respect	41245
to a school building that, in the most recent ratings of school	41246
buildings under section 3302.03 of the Revised Code prior to the	41247
first day of July of the school year, ceases to meet the criteria	41248
in division (D) of this section.	41249

(4) However, students who have received scholarships in the	41250
prior school year remain eligible students pursuant to division	41251
~~(D)~~(E) of this section.	41252

~~(F)~~(G) The state board of education shall adopt rules	41253
defining excused absences for purposes of division ~~(D)~~(E)(3) of	41254
this section.	41255

~~(G)~~(H)(1) A student who satisfies only the conditions	41256
prescribed in divisions (A)(1) to (4) of this section shall not be	41257
eligible for a scholarship if the student's resident building	41258
meets any of the following in the most recent rating under section	41259
3302.03 of the Revised Code published prior to the first day of	41260
July of the school year for which a scholarship is sought:	41261

(a) The building has an overall designation of excellent or	41262
effective under section 3302.03 of the Revised Code as it existed	41263
prior to ~~the effective date of this amendment~~March 22, 2013.	41264

(b) For the 2012-2013 or 2013-2014 school year or both, the	41265
building has a grade of "A" or "B" for the performance index score	41266
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	41267
Revised Code and for the value-added progress dimension under	41268
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	41269
Code; or if the building serves only grades ten through twelve,	41270
the building received a grade of "A" or "B" for the performance	41271
index score under division (A)(1)(b) or (B)(1)(b) of section	41272
3302.03 of the Revised Code and had a four-year adjusted cohort	41273
graduation rate of greater than or equal to seventy-five per cent.	41274

(c) For the 2014-2015 school year or any school year	41275
thereafter, the building has a grade of "A" or "B" under division	41276
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	41277
for the value-added progress dimension under division (C)(1)(e) of	41278
section 3302.03 of the Revised Code; or if the building serves	41279
only grades ten through twelve, the building received a grade of	41280
"A" or "B" for the performance index score under division	41281
(C)(1)(b) of section 3302.03 of the Revised Code and had a	41282
four-year adjusted cohort graduation rate of greater than or equal	41283
to seventy-five per cent.	41284

(2) A student who satisfies only the conditions prescribed in	41285
division (A)(5) of this section shall not be eligible for a	41286
scholarship if the student's resident district meets any of the	41287
following in the most recent rating under section 3302.03 of the	41288
Revised Code published prior to the first day of July of the	41289
school year for which a scholarship is sought:	41290

(a) The district has an overall designation of excellent or	41291
effective under section 3302.03 of the Revised Code as it existed	41292
prior to ~~the effective date of this amendment~~March 22, 2013.	41293

(b) The district has a grade of "A" or "B" for the	41294
performance index score under division (A)(1)(b) or (B)(1)(b) of	41295
section 3302.03 of the Revised Code and for the value-added	41296
progress dimension under division (A)(1)(e) or (B)(1)(e) of	41297
section 3302.03 of the Revised Code for the 2012-2013 and	41298
2013-2014 school years.	41299

(c) The district has an overall grade of "A" or "B" under	41300
division (C)(3) of section 3302.03 of the Revised Code and a grade	41301
of "A" for the value-added progress dimension under division	41302
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	41303
school year or any school year thereafter.	41304

Sec. 3310.032. (A) A student is an "eligible student" for	41305
purposes of the expansion of the educational choice scholarship	41306
pilot program under this section if the student's resident	41307
district is not a school district in which the pilot project	41308
scholarship program is operating under sections 3313.974 to	41309
3313.979 of the Revised Code, the student is not eligible for an	41310
educational choice scholarship under section 3310.03 of the	41311
Revised Code, and the student's family income is at or below two	41312
hundred per cent of the federal poverty guidelines, as defined in	41313
section 5101.46 of the Revised Code.	41314

(B) In each fiscal year for which the general assembly	41315
appropriates funds for purposes of this section, the department of	41316
education shall pay scholarships to attend chartered nonpublic	41317
schools in accordance with section 3310.08 of the Revised Code.	41318
The number of scholarships awarded under this section shall not	41319
exceed the number that can be funded with appropriations made by	41320
the general assembly for this purpose.	41321

(C) Scholarships under this section shall be awarded as	41322
follows:	41323

(1) For the 2013-2014 school year, to eligible students who	41324
are entering kindergarten in that school year for the first time;	41325

(2) For each subsequent school year, scholarships shall be	41326
awarded to eligible students in the next grade level above the	41327
highest grade level awarded in the preceding school year, in	41328
addition to the grade levels for which students received	41329
scholarships in the preceding school year.	41330

(D) If the number of eligible students who apply for a	41331
scholarship under this section exceeds the scholarships available	41332
based on the appropriation for this section, the department shall	41333
award scholarships in the following order of priority:	41334

(1) First, to eligible students who received scholarships	41335
under this section in the prior school year;	41336

(2) Second, to eligible students with family incomes at or	41337
below one hundred per cent of the federal poverty guidelines. If	41338
the number of students described in division (D)(2) of this	41339
section who apply for a scholarship exceeds the number of	41340
available scholarships after awards are made under division (D)(1)	41341
of this section, the department shall select students described in	41342
division (D)(2) of this section by lot to receive any remaining	41343
scholarships.	41344

(3) Third, to other eligible students who qualify under this	41345
section. If the number of students described in division (D)(3) of	41346
this section exceeds the number of available scholarships after	41347
awards are made under divisions (D)(1) and (2) of this section,	41348
the department shall select students described in division (D)(3)	41349
of this section by lot to receive any remaining scholarships.	41350

(E) A student who receives a scholarship under this section	41351
remains an eligible student and may continue to receive	41352
scholarships under this section in subsequent school years until	41353
the student completes grade twelve, so long as the student	41354
satisfies the conditions specified in divisions (E)(2) and (3) of	41355
section 3310.03 of the Revised Code.	41356

Once a scholarship is awarded under this section, the student	41357
shall remain eligible for that scholarship for the current school	41358
year and subsequent school years even if the student's family	41359
income rises above the amount specified in division (A) of this	41360
section, provided the student remains enrolled in a chartered	41361
nonpublic school.	41362

Sec. 3310.035. (A) A student who is eligible for an	41363
educational choice scholarship under both sections 3310.03 and	41364
3310.032 of the Revised Code, and applies for a scholarship for	41365
the first time after the effective date of this section shall	41366
receive a scholarship under section 3310.03 of the Revised Code.	41367

(B) A student who is eligible under both sections 3310.03 and	41368
3310.032 of the Revised Code and received a scholarship in the	41369
previous school year shall continue to receive the scholarship	41370
under the section from which the student received the scholarship	41371
in the previous school year, so long as:	41372

(1) The number of students who apply for a scholarship does	41373
not exceed the number of scholarships available under division (A)	41374
of section 3310.02 of the Revised Code.	41375

(2) A student who receives a scholarship under section	41376
3310.03 of the Revised Code satisfies with the conditions	41377
specified in divisions (E)(1) to (3) of that section, and a	41378
student who receives a scholarship under section 3310.032	41379
satisfies with the conditions specified in divisions (E)(2) and	41380
(3) of section 3310.03 of the Revised Code.	41381

Sec. 3310.05. A scholarship under the educational choice	41382
scholarship pilot program is not available for any student whose	41383
resident district is a school district in which the pilot project	41384
scholarship program is operating under sections 3313.974 to	41385
3313.979 of the Revised Code. The two pilot programs are separate	41386
and distinct, with differing eligibility criteria. The pilot	41387
project scholarship program operating under sections 3313.974 to	41388
3313.979 of the Revised Code is a district-wide program that may	41389
award scholarships to students who do not attend district schools	41390
that face academic challenges, whereas the educational choice	41391
scholarship pilot program established under sections 3310.01 to	41392
3310.17 of the Revised Code is limited to students of individual	41393
district school buildings that face academic challenges and to	41394
students from low-income families.	41395

Sec. 3310.06. It is the policy adopted by the general	41396
assembly that the educational choice scholarship pilot program	41397
shall be construed as one of several educational options available	41398
for students enrolled in persistently low-performing school	41399
buildings or for students from low-income families. Students may	41400
be enrolled in the schools of the student's resident district, in	41401
a community school established under Chapter 3314. of the Revised	41402
Code, in the schools of another school district pursuant to an	41403
open enrollment policy adopted under section 3313.98 of the	41404
Revised Code, in a chartered nonpublic school with or without a	41405
scholarship under the educational choice scholarship pilot	41406
program, or in other schools as the law may provide.	41407

Sec. 3310.08. (A) The amount paid for an eligible student	41408
under the educational choice scholarship pilot program shall be	41409
the lesser of the tuition of the chartered nonpublic school in	41410
which the student is enrolled or the maximum amount prescribed in	41411
section 3310.09 of the Revised Code.	41412

(B)(1) The department of education shall pay to the parent of	41413
each eligible student for whom a scholarship is awarded under the	41414
program, or to the student if at least eighteen years of age,	41415
periodic partial payments of the scholarship.	41416

(2) The department shall proportionately reduce or terminate	41417
the payments for any student who withdraws from a chartered	41418
nonpublic school prior to the end of the school year.	41419

(C)(1) The department shall deduct from the payments made to	41420
each school district under Chapter 3317., and if necessary,	41421
sections 321.24 and 323.156 of the Revised Code, the amount paid	41422
under division (B) of this section for each eligible student	41423
~~awarded~~who qualifies for a scholarship under ~~the program~~section	41424
3310.03 of the Revised Code and who is entitled under section	41425
3313.64 or 3313.65 of the Revised Code to attend school in the	41426
district. In the case of a student entitled to attend school in a	41427
school district under division (B)(2)(a) of section 3313.64 or	41428
division (C) of section 3313.65 of the Revised Code, the	41429
department shall deduct the payments from the school district that	41430
includes the student in its average daily membership as reported	41431
to the department under section 3317.03 of the Revised Code, as	41432
determined by the department.	41433

(2) If the department reduces or terminates payments to a	41434
parent or a student, as prescribed in division (B)(2) of this	41435
section, and the student enrolls in the schools of the student's	41436
resident district or in a community school, established under	41437
Chapter 3314. of the Revised Code, before the end of the school	41438
year, the department shall proportionally restore to the resident	41439
district the amount deducted for that student under division	41440
(C)(1) of this section.	41441

Sec. 3310.56. (A) The amount of the scholarship awarded and	41442
paid to an eligible applicant for services for a qualified special	41443
education child under the Jon Peterson special needs scholarship	41444
program in each school year shall be the least of the amounts	41445
prescribed in divisions (A)(1), (2), orand (3) of this section,	41446
as follows:	41447

(1) The amount of fees charged for that school year by the	41448
alternative public provider or registered private provider;	41449

(2) The sum of the amounts calculated under divisions	41450
(A)(2)(a) and (b) of this section:	41451

(a) The ~~sum of the~~ formula amount ~~plus the per pupil amount~~	41452
~~of the base funding supplements specified in divisions (C)(1) to~~	41453
~~(4) of section 3317.012 of the Revised Code for fiscal year 2009~~;	41454

(b) An amount equal to ~~$5,732~~the formula amount times the	41455
following multiple prescribed for the child's disability:	41456

(i) For a student in category one, ~~0.2892~~the multiple	41457
specified in division (A) of section 3317.013 of the Revised Code;	41458

(ii) For a student in category two, ~~0.3691~~the multiple	41459
specified in division (B) of section 3317.013 of the Revised Code;	41460

(iii) For a student in category three, ~~1.7695~~the multiple	41461
specified in division (C) of section 3317.013 of the Revised Code;	41462

(iv) For a student in category four, ~~2.3646~~the multiple	41463
specified in division (D) of section 3317.013 of the Revised Code;	41464

(v) For a student in category five, ~~3.1129~~the multiple	41465
specified in division (E) of section 3317.013 of the Revised Code;	41466

(vi) For a student in category six, ~~4.7342~~the multiple	41467
specified in division (F) of section 3317.013 of the Revised Code.	41468

~~Before applying the multiples specified in divisions~~	41469
~~(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted~~	41470
~~by multiplying them by 0.90.~~	41471

(3) Twenty thousand dollars.

41472

(B) As used in division (A)(2)(b) of this section, a child	41473
with a disability is in:	41474

(1) "Category one" if the ~~child's primary or only identified~~	41475
~~disability is a speech and language disability, as this term is~~	41476
~~defined pursuant to Chapter 3323.~~child is receiving special	41477
education services for a disability specified in division (A) of	41478
section 3317.013 of the Revised Code;	41479

(2) "Category two" if the child is ~~identified as specific~~	41480
~~learning disabled or developmentally disabled, as these terms are~~	41481
~~defined pursuant to Chapter 3323. of the Revised Code, or as~~	41482
~~having an other health impairment-minor, as defined in section~~	41483
~~3317.02~~receiving special education services for a disability	41484
specified in division (B) of section 3317.013 of the Revised Code;	41485

(3) "Category three" if the child is ~~identified as vision~~	41486
~~impaired, hearing disabled, or severe behavior disabled, as these~~	41487
~~terms are defined pursuant to Chapter 3323.~~receiving special	41488
education services for a disability specified in division (C) of	41489
section 3317.013 of the Revised Code;	41490

(4) "Category four" if the child is ~~identified as~~	41491
~~orthopedically disabled, as this term is defined pursuant to~~	41492
~~Chapter 3323. of the Revised Code, or as having an other health~~	41493
~~impairment-major, as defined in section 3317.02~~receiving special	41494
education services for a disability specified in division (D) of	41495
section 3317.013 of the Revised Code;	41496

(5) "Category five" if the child is ~~identified as having~~	41497
~~multiple disabilities, as this term is defined pursuant to Chapter~~	41498
~~3323.~~receiving special education services for a disability	41499
specified in division (E) of section 3317.013 of the Revised Code;	41500

(6) "Category six" if the child is ~~identified as autistic,~~	41501
~~having traumatic brain injuries, or both visually and hearing~~	41502
~~impaired, as these terms are defined pursuant to Chapter 3323.~~	41503
receiving special education services for a disability specified in	41504
division (F) of section 3317.013 of the Revised Code.	41505

Sec. 3311.0510. (A) If all of the client school districts of	41506
an educational service center have terminated their agreements	41507
with the service center under division (D) of section 3313.843 of	41508
the Revised Code, upon the latest effective date of the	41509
terminations, the governing board of that service center shall be	41510
abolished and such service center shall be dissolved by order of	41511
the superintendent of public instruction. The superintendent's	41512
order shall provide for the equitable division and disposition of	41513
the assets, property, debts, and obligations of the service center	41514
among the school districts that were client school districts of	41515
the service center for the service center's last fiscal year of	41516
operation. The superintendent's order shall provide that the tax	41517
duplicate of each of those school districts shall be bound for and	41518
assume the district's equitable share of the outstanding	41519
indebtedness of the service center. The superintendent's order is	41520
final and is not appealable.	41521

Immediately upon the abolishment of the service center	41522
governing board pursuant to this section, the superintendent of	41523
public instruction shall appoint a qualified individual to	41524
administer the dissolution of the service center and to implement	41525
the terms of the superintendent's dissolution order.	41526

Prior to distributing assets to any school district under	41527
this section, but after paying in full other debts and obligations	41528
of the service center under this section, the superintendent of	41529
public instruction may assess against the remaining assets of the	41530
service center the amount of the costs incurred by the department	41531
of education in performing the superintendent's duties under this	41532
division, including the fees, if any, owed to the individual	41533
appointed to administer the superintendent's dissolution order.	41534
Any excess cost incurred by the department under this division	41535
shall be divided equitably among the school districts that were	41536
client school districts of the service center for the service	41537
center's last fiscal year of operation. Each district's share of	41538
that excess cost shall be bound against the tax duplicate of that	41539
district.	41540

(B) A final audit of the former service center shall be	41541
performed in accordance with procedures established by the auditor	41542
of state.	41543

(C) The public records of an educational service center that	41544
is dissolved under this section shall be transferred in accordance	41545
with this division. Public records maintained by the service	41546
center in connection with services provided by the service center	41547
to local school districts of which the territory of the service	41548
center is or previously was made up shall be transferred to each	41549
of the respective local school districts. Public records	41550
maintained by the service center in connection with services	41551
provided to client school districts shall be transferred to each	41552
of the respective client school districts. All other public	41553
records maintained by the service center at the time the service	41554
center ceases operations shall be transferred to the Ohio	41555
historical society for analysis and disposition by the society in	41556
its capacity as archives administrator for the state and its	41557
political subdivisions pursuant to division (C) of section 149.30	41558
and section 149.31 of the Revised Code.	41559

(D) As used in this section, "client school district" ~~has the~~	41560
~~same meaning as in section 3317.11 of the Revised Code~~means a	41561
city, exempted village, or local school district that has entered	41562
into an agreement under section 3313.843 or 3313.845 of the	41563
Revised Code to receive any services from an educational service	41564
center.	41565

Sec. 3311.22. A governing board of an educational service	41566
center may propose, by resolution adopted by majority vote of its	41567
full membership, or qualified electors of the area affected equal	41568
in number to at least fifty-five per cent of the qualified	41569
electors voting at the last general election residing within that	41570
portion of a school district, or districts proposed to be	41571
transferred may propose, by petition, the transfer of a part or	41572
all of one or more local school districts to another local school	41573
district or districts within the territory of the educational	41574
service center. Such transfers may be made only to local school	41575
districts adjoining the school district that is proposed to be	41576
transferred, unless the board of education of the district	41577
proposed to be transferred has entered into an agreement pursuant	41578
to section 3313.42 of the Revised Code, in which case such	41579
transfers may be made to any local school district within the	41580
territory of the educational service center.	41581

When a governing board of an educational service center	41582
adopts a resolution proposing a transfer of school territory it	41583
shall forthwith file a copy of such resolution, together with an	41584
accurate map of the territory described in the resolution, with	41585
the board of education of each school district whose boundaries	41586
would be altered by such proposal. A governing board of an	41587
educational service center proposing a transfer of territory under	41588
the provisions of this section shall at its next regular meeting	41589
that occurs not earlier than thirty days after the adoption by the	41590
governing board of a resolution proposing such transfer, adopt a	41591
resolution making the transfer effective at any time prior to the	41592
next succeeding first day of July, unless, prior to the expiration	41593
of such thirty-day period, qualified electors residing in the area	41594
proposed to be transferred, equal in number to a majority of the	41595
qualified electors voting at the last general election, file a	41596
petition of referendum against such transfer.	41597

Any petition of transfer or petition of referendum filed	41598
under the provisions of this section shall be filed at the office	41599
of the educational service center superintendent. The person	41600
presenting the petition shall be given a receipt containing	41601
thereon the time of day, the date, and the purpose of the	41602
petition.	41603

The educational service center superintendent shall cause the	41604
board of elections to check the sufficiency of signatures on any	41605
petition of transfer or petition of referendum filed under this	41606
section and, if found to be sufficient, the superintendent shall	41607
present the petition to the educational service center governing	41608
board at a meeting of the board which shall occur not later than	41609
thirty days following the filing of the petition.	41610

Upon presentation to the educational service center governing	41611
board of a proposal to transfer territory as requested by petition	41612
of fifty-five per cent of the qualified electors voting at the	41613
last general election or a petition of referendum against a	41614
proposal of the county board to transfer territory, the governing	41615
board shall promptly certify the proposal to the board of	41616
elections for the purpose of having the proposal placed on the	41617
ballot at the next general or primary election which occurs not	41618
less than ninety days after the date of such certification, or at	41619
a special election, the date of which shall be specified in the	41620
certification, which date shall not be less than ninety days after	41621
the date of such certification. Signatures on a petition of	41622
transfer or petition of referendum may be withdrawn up to and	41623
including the above mentioned meeting of the educational service	41624
center governing board only by order of the board upon testimony	41625
of the petitioner concerned under oath before the board that the	41626
petitioner's signature was obtained by fraud, duress, or	41627
misrepresentation.	41628

If a petition is filed with the educational service center	41629
governing board which proposes the transfer of a part or all of	41630
the territory included in a resolution of transfer previously	41631
adopted by the educational service center governing board, no	41632
action shall be taken on such petition if within the thirty-day	41633
period after the adoption of the resolution of transfer a	41634
referendum petition is filed. After the election, if the proposed	41635
transfer fails to receive a majority vote, action on such petition	41636
shall then be processed under this section as though originally	41637
filed under the provisions hereof. If no referendum petition is	41638
filed within the thirty-day period after the adoption of the	41639
resolution of transfer, no action shall be taken on such petition.	41640

If a petition is filed with the educational service center	41641
governing board which proposes the transfer of a part or all of	41642
the territory included in a petition previously filed by electors	41643
no action shall be taken on such new petition.	41644

Upon certification of a proposal to the board or boards of	41645
elections pursuant to this section, the board or boards of	41646
elections shall make the necessary arrangements for the submission	41647
of such question to the electors of the county or counties	41648
qualified to vote thereon, and the election shall be conducted and	41649
canvassed and the results shall be certified in the same manner as	41650
in regular elections for the election of members of a board of	41651
education.	41652

The persons qualified to vote upon a proposal are the	41653
electors residing in the district or districts containing	41654
territory that is proposed to be transferred. If the proposed	41655
transfer be approved by at least a majority of the electors voting	41656
on the proposal, the educational service center governing board	41657
shall make such transfer at any time prior to the next succeeding	41658
first day of July. If the proposed transfer is not approved by at	41659
least a majority of the electors voting on the proposal, the	41660
question of transferring any property included in the territory	41661
covered by the proposal shall not be submitted to electors at any	41662
election prior to the first general election the date of which is	41663
at least two years after the date of the original election, or the	41664
first primary election held in an even-numbered year the date of	41665
which is at least two years after the date of the original	41666
election. A transfer shall be subject to the approval of the	41667
receiving board or boards of education, unless the proposal was	41668
initiated by the educational service center governing board, in	41669
which case, if the transfer is opposed by the board of education	41670
offered the territory, the local board may, within thirty days,	41671
following the receipt of the notice of transfer, appeal to the	41672
state board of education which shall then either approve or	41673
disapprove the transfer.	41674

Following an election upon a proposed transfer initiated by a	41675
petition the board of education that is offered territory shall,	41676
within thirty days following receipt of the proposal, either	41677
accept or reject the transfer.	41678

When an entire school district is proposed to be transferred	41679
to two or more school districts and the offer is rejected by any	41680
one of the receiving boards of education, none of the territory	41681
included in the proposal shall be transferred.	41682

Upon the acceptance of territory by the receiving board or	41683
boards of education the educational service center governing board	41684
offering the territory shall file with the county auditor and with	41685
the state board of education an accurate map showing the	41686
boundaries of the territory transferred.	41687

Upon the making of such transfer, the net indebtedness of the	41688
former district from which territory was transferred shall be	41689
apportioned between the acquiring school district and that portion	41690
of the former school district remaining after the transfer in the	41691
ratio which the assessed valuation of the territory transferred to	41692
the acquiring school district bears to the assessed valuation of	41693
the original school district as of the effective date of the	41694
transfer. As used in this section "net indebtedness" means the	41695
difference between the par value of the outstanding and unpaid	41696
bonds and notes of the school district and the amount held in the	41697
sinking fund and other indebtedness retirement funds for their	41698
redemption.	41699

~~If an entire district is transferred, any indebtedness of the~~	41700
~~former district incurred as a result of a loan made under section~~	41701
~~3317.64 of the Revised Code is hereby canceled and such~~	41702
~~indebtedness shall not be apportioned among any districts~~	41703
~~acquiring the territory.~~	41704

Upon the making of any transfer under this section, the funds	41705
of the district from which territory was transferred shall be	41706
divided equitably by the educational service center governing	41707
board between the acquiring district and any part of the original	41708
district remaining after the transfer.	41709

If an entire district is transferred the board of education	41710
of such district is thereby abolished or if a member of the board	41711
of education lives in that part of a school district transferred	41712
the member becomes a nonresident of the school district from which	41713
the territory was transferred and such member ceases to be a	41714
member of the board of education of such district.	41715

The legal title of all property of the board of education in	41716
the territory transferred shall become vested in the board of	41717
education of the school district to which such territory is	41718
transferred.	41719

Subsequent to June 30, 1959, if an entire district is	41720
transferred, foundation program moneys accruing to a district	41721
accepting school territory under the provisions of this section or	41722
former section 3311.22 of the Revised Code, shall not be less, in	41723
any year during the next succeeding three years following the	41724
transfer, than the sum of the amounts received by the districts	41725
separately in the year in which the transfer was consummated.	41726

Sec. 3311.231. A governing board of an educational service	41727
center may propose, by resolution adopted by majority vote of its	41728
full membership, or qualified electors of the area affected equal	41729
in number to not less than fifty-five per cent of the qualified	41730
electors voting at the last general election residing within that	41731
portion of a school district proposed to be transferred may	41732
propose, by petition, the transfer of a part or all of one or more	41733
local school districts within the territory of the center to an	41734
adjoining educational service center or to an adjoining city or	41735
exempted village school district.	41736

A governing board of an educational service center adopting a	41737
resolution proposing a transfer of school territory under this	41738
section shall file a copy of such resolution together with an	41739
accurate map of the territory described in the resolution, with	41740
the board of education of each school district whose boundaries	41741
would be altered by such proposal. Where a transfer of territory	41742
is proposed by a governing board of an educational service center	41743
under this section, the governing board shall, at its next regular	41744
meeting that occurs not earlier than the thirtieth day after the	41745
adoption by the governing board of the resolution proposing such	41746
transfer, adopt a resolution making the transfer as originally	41747
proposed, effective at any time prior to the next succeeding first	41748
day of July, unless, prior to the expiration of such thirty-day	41749
period, qualified electors residing in the area proposed to be	41750
transferred, equal in number to a majority of the qualified	41751
electors voting at the last general election, file a petition of	41752
referendum against such transfer.	41753

Any petition of transfer or petition of referendum under the	41754
provisions of this section shall be filed at the office of the	41755
educational service center superintendent. The person presenting	41756
the petition shall be given a receipt containing thereon the time	41757
of day, the date, and the purpose of the petition.	41758

The educational service center superintendent shall cause the	41759
board of elections to check the sufficiency of signatures on any	41760
such petition, and, if found to be sufficient, the superintendent	41761
shall present the petition to the educational service center	41762
governing board at a meeting of said governing board which shall	41763
occur not later than thirty days following the filing of said	41764
petition.	41765

The educational service center governing board shall promptly	41766
certify the proposal to the board of elections of such counties in	41767
which school districts whose boundaries would be altered by such	41768
proposal are located for the purpose of having the proposal placed	41769
on the ballot at the next general or primary election which occurs	41770
not less than ninety days after the date of such certification or	41771
at a special election, the date of which shall be specified in the	41772
certification, which date shall not be less than ninety days after	41773
the date of such certification.	41774

Signatures on a petition of transfer or petition of	41775
referendum may be withdrawn up to and including the above	41776
mentioned meeting of the educational service center governing	41777
board only by order of the governing board upon testimony of the	41778
petitioner concerned under oath before the board that the	41779
petitioner's signature was obtained by fraud, duress, or	41780
misrepresentation.	41781

If a petition is filed with the educational service center	41782
governing board which proposes the transfer of a part or all of	41783
the territory included either in a petition previously filed by	41784
electors or in a resolution of transfer previously adopted by the	41785
educational service center governing board, no action shall be	41786
taken on such new petition as long as the previously initiated	41787
proposal is pending before the governing board or is subject to an	41788
election.	41789

Upon certification of a proposal to the board or boards of	41790
elections pursuant to this section, the board or boards of	41791
elections shall make the necessary arrangements for the submission	41792
of such question to the electors of the county or counties	41793
qualified to vote thereon, and the election shall be conducted and	41794
canvassed and the results shall be certified in the same manner as	41795
in regular elections for the election of members of a board of	41796
education.	41797

The persons qualified to vote upon a proposal are the	41798
electors residing in the district or districts containing	41799
territory that is proposed to be transferred. If the proposed	41800
transfer is approved by at least a majority of the electors voting	41801
on the proposal, the educational service center governing board	41802
shall make such transfer at any time prior to the next succeeding	41803
first day of July, subject to the approval of the receiving board	41804
of education in case of a transfer to a city or exempted village	41805
school district, and subject to the approval of the educational	41806
service center governing board of the receiving center, in case of	41807
a transfer to an educational service center. If the proposed	41808
transfer is not approved by at least a majority of the electors	41809
voting on the proposal, the question of transferring any property	41810
included in the territory covered by the proposal shall not be	41811
submitted to electors at any election prior to the first general	41812
election the date of which is at least two years after the date of	41813
the original election, or the first primary election held in an	41814
even-numbered year the date of which is at least two years after	41815
the date of the original election.	41816

Where a territory is transferred under this section to a city	41817
or exempted village school district, the board of education of	41818
such district shall, and where territory is transferred to an	41819
educational service center the governing board of such educational	41820
service center shall, within thirty days following receipt of the	41821
proposal, either accept or reject the transfer.	41822

Where a governing board of an educational service center	41823
adopts a resolution accepting territory transferred to the	41824
educational service center under the provisions of sections	41825
3311.231 and 3311.24 of the Revised Code, the governing board	41826
shall, at the time of the adoption of the resolution accepting the	41827
territory, designate the school district to which the accepted	41828
territory shall be annexed.	41829

When an entire school district is proposed to be transferred	41830
to two or more adjoining school districts and the offer is	41831
rejected by any one of the receiving boards of education, none of	41832
the territory included in the proposal shall be transferred.	41833

Upon the acceptance of territory by the receiving board or	41834
boards of education the educational service center governing board	41835
offering the territory shall file with the county auditor of each	41836
county affected by the transfer and with the state board of	41837
education an accurate map showing the boundaries of the territory	41838
transferred.	41839

Upon the making of such transfer, the net indebtedness of the	41840
former district from which territory was transferred shall be	41841
apportioned between the acquiring school district and the portion	41842
of the former school district remaining after the transfer in the	41843
ratio which the assessed valuation of the territory transferred to	41844
the acquiring school district bears to the assessed valuation of	41845
the original school district as of the effective date of the	41846
transfer. As used in this section "net indebtedness" means the	41847
difference between the par value of the outstanding and unpaid	41848
bonds and notes of the school district and the amount held in the	41849
sinking fund and other indebtedness retirement funds for their	41850
redemption.	41851

~~If an entire district is transferred, any indebtedness of the~~	41852
~~former district incurred as a result of a loan made under section~~	41853
~~3317.64 of the Revised Code is hereby canceled and such~~	41854
~~indebtedness shall not be apportioned among any districts~~	41855
~~acquiring the territory.~~	41856

Upon the making of any transfer under this section, the funds	41857
of the district from which territory was transferred shall be	41858
divided equitably by the educational service center governing	41859
board, between the acquiring district and any part of the original	41860
district remaining after the transfer.	41861

If an entire district is transferred the board of education	41862
of such district is thereby abolished or if a member of the board	41863
of education lives in that part of a school district transferred	41864
the member becomes a nonresident of the school district from which	41865
the territory was transferred and such member ceases to be a	41866
member of the board of education of such district.	41867

The legal title of all property of the board of education in	41868
the territory transferred shall become vested in the board of	41869
education of the school district to which such territory is	41870
transferred.	41871

If an entire district is transferred, foundation program	41872
moneys accruing to a district receiving school territory under the	41873
provisions of this section shall not be less, in any year during	41874
the next succeeding three years following the transfer, than the	41875
sum of the amounts received by the districts separately in the	41876
year in which the transfer was consummated.	41877

Sec. 3311.38. The state board of education may conduct, or	41878
may direct the superintendent of public instruction to conduct,	41879
studies where there is evidence of need for transfer of local,	41880
exempted village, or city school districts, or parts of any such	41881
districts, to contiguous or noncontiguous local, exempted village,	41882
or city school districts. Such studies shall include a study of	41883
the effect of any proposal upon any portion of a school district	41884
remaining after such proposed transfer. The state board, in	41885
conducting such studies and in making recommendations as a result	41886
thereof, shall consider the possibility of improving school	41887
district organization as well as the desires of the residents of	41888
the school districts which would be affected.	41889

(A) After the adoption of recommendations growing out of any	41890
such study, or upon receipt of a resolution adopted by majority	41891
vote of the full membership of the board of any city, local, or	41892
exempted village school district requesting that the entire	41893
district be transferred to another city, local, or exempted	41894
village school district, the state board may propose by resolution	41895
the transfer of territory, which may consist of part or all of the	41896
territory of a local, exempted village, or city school district to	41897
a contiguous local, exempted village, or city school district.	41898

The state board shall thereupon file a copy of such proposal	41899
with the board of education of each school district whose	41900
boundaries would be altered by the proposal and with the governing	41901
board of any educational service center in which such school	41902
district is located.	41903

The state board may, not less than thirty days following the	41904
adoption of the resolution proposing the transfer of territory,	41905
certify the proposal to the board of elections of the county or	41906
counties in which any of the territory of the proposed district is	41907
located, for the purpose of having the proposal placed on the	41908
ballot at the next general election or at a primary election	41909
occurring not less than ninety days after the adoption of such	41910
resolution.	41911

If any proposal has been previously initiated pursuant to	41912
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	41913
affects any of the territory affected by the proposal of the state	41914
board, the proposal of the state board shall not be placed on the	41915
ballot while the previously initiated proposal is subject to an	41916
election.	41917

Upon certification of a proposal to the board of elections of	41918
any county pursuant to this section, the board of elections of	41919
such county shall make the necessary arrangements for the	41920
submission of such question to the electors of the county	41921
qualified to vote thereon, and the election shall be counted and	41922
canvassed and the results shall be certified in the same manner as	41923
in regular elections for the election of members of a board of	41924
education.	41925

The electors qualified to vote upon a proposal are the	41926
electors residing in the local, exempted village, or city school	41927
districts, containing territory proposed to be transferred.	41928

If the proposed transfer be approved by a majority of the	41929
electors voting on the proposal, the state board, subject to the	41930
approval of the board of education of the district to which the	41931
territory would be transferred, shall make such transfer prior to	41932
the next succeeding July 1.	41933

(B) If a study conducted in accordance with this section	41934
involves a school district with less than four thousand dollars of	41935
assessed value for each pupil in the total student count	41936
determined under section 3317.03 of the Revised Code, the state	41937
board of education, with the approval of the educational service	41938
center governing board, and upon recommendation by the state	41939
superintendent of public instruction, may by resolution transfer	41940
all or any part of such a school district to any city, exempted	41941
village, or local school district which has more than twenty-five	41942
thousand pupils in average daily membership. Such resolution of	41943
transfer shall be adopted only after the board of education of the	41944
receiving school district has adopted a resolution approving the	41945
proposed transfer. For the purposes of this division, the assessed	41946
value shall be as certified in accordance with section 3317.021 of	41947
the Revised Code.	41948

(C) Upon the making of a transfer of an entire school	41949
district pursuant to this section, the indebtedness of the	41950
district transferred shall be assumed in full by the acquiring	41951
district and the funds of the district transferred shall be paid	41952
over in full to the acquiring district~~, except that any~~	41953
~~indebtedness of the transferred district incurred as a result of a~~	41954
~~loan made under section 3317.64 of the Revised Code is hereby~~	41955
~~canceled and shall not be assumed by the acquiring district~~.	41956

(D) Upon the making of a transfer pursuant to this section,	41957
when only part of a district is transferred, the net indebtedness	41958
of each original district of which only a part is taken by the	41959
acquiring district shall be apportioned between the acquiring	41960
district and the original district in the ratio which the assessed	41961
valuation of the part taken by the acquiring district bears to the	41962
assessed valuation of the original district as of the effective	41963
date of the transfer. As used in this section "net indebtedness"	41964
means the difference between the par value of the outstanding and	41965
unpaid bonds and notes of the school district and the amount held	41966
in the sinking fund and other indebtedness retirement funds for	41967
their redemption.	41968

(E) Upon the making of a transfer pursuant to this section,	41969
when only part of a district is transferred, the funds of the	41970
district from which territory was transferred shall be divided	41971
equitably by the state board between the acquiring district and	41972
that part of the former district remaining after the transfer.	41973

(F) If an entire school district is transferred, the board of	41974
education of such district is thereby abolished. If part of a	41975
school district is transferred, any member of the board of	41976
education who is a legal resident of that part which is	41977
transferred shall thereby cease to be a member of that board.	41978

If an entire school district is transferred, foundation	41979
program moneys accruing to a district accepting school territory	41980
under the provisions of this section shall not be less, in any	41981
year during the next succeeding three years following the	41982
transfer, than the sum of the amounts received by the districts	41983
separately in the year in which the transfer became effective.	41984

Sec. 3311.78. Notwithstanding any provision of the Revised	41985
Code to the contrary, a municipal school district shall be subject	41986
to this section instead of sections ~~3317.13,~~ 3317.14, and 3317.141	41987
of the Revised Code.	41988

(A) As used in this section, "principal" includes an	41989
assistant principal.	41990

(B) The board of education of each municipal school district	41991
annually shall adopt a differentiated salary schedule for teachers	41992
based upon performance as described in division (D) of this	41993
section. The board also annually shall adopt a differentiated	41994
salary schedule for principals based upon performance as described	41995
in division (D) of this section.	41996

For each teacher or principal hired on or after ~~the effective~~	41997
~~date of this section~~October 1, 2012, the board shall determine	41998
the teacher's or principal's initial placement on the applicable	41999
salary schedule based on years of experience and area of licensure	42000
and any other factors the board considers appropriate. For each	42001
teacher hired prior to ~~the effective date of this section~~October	42002
1, 2012, the board shall initially place the teacher on the	42003
applicable salary schedule so that the teacher's annual salary on	42004
the schedule is comparable to the teacher's annual salary for the	42005
school year immediately prior to the school year covered by the	42006
schedule. For each principal hired prior to ~~the effective date of~~	42007
~~this section~~October 1, 2012, the board shall initially place the	42008
principal on the applicable salary schedule consistent with the	42009
principal's employment contract.	42010

(C) The salary of a teacher shall not be reduced unless such	42011
reduction is accomplished as part of a negotiated collective	42012
bargaining agreement. The salary of a principal shall not be	42013
reduced during the term of the principal's employment contract	42014
unless such reduction is by mutual agreement of the board and the	42015
principal or is part of a uniform plan affecting the entire	42016
district.	42017

(D) For purposes of the schedules, the board shall measure a	42018
teacher's or principal's performance by considering all of the	42019
following:	42020

(1) The level of license issued under section 3319.22 of the	42021
Revised Code that the teacher or principal holds;	42022

(2) Whether the teacher or principal is a highly qualified	42023
teacher, as defined in section 3319.074 of the Revised Code;	42024

(3) Ratings received by the teacher or principal on	42025
performance evaluations conducted under section 3311.80 or 3311.84	42026
of the Revised Code;	42027

(4) Any specialized training and experience in the assigned	42028
position.	42029

(E) The salary schedules adopted under this section may	42030
provide for additional compensation for teachers or principals who	42031
perform duties, not contracted for under a supplemental contract,	42032
that the board determines warrant additional compensation. Those	42033
duties may include, but are not limited to, assignment to a school	42034
building eligible for funding under Title I of the "Elementary and	42035
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.;	42036
assignment to a building in "school improvement" status under the	42037
"No Child Left Behind Act of 2001," as defined in section 3302.01	42038
of the Revised Code; teaching in a grade level or subject area in	42039
which the board has determined there is a shortage within the	42040
district; assignment to a hard-to-staff school, as determined by	42041
the board; or teaching in a school with an extended school day or	42042
school year.	42043

(F) The chief executive officer of the district, or the chief	42044
executive officer's designee, annually shall review the salary of	42045
each teacher and principal and make a recommendation to the board.	42046
Based on the recommendation, the board may increase a teacher's or	42047
principal's salary based on the teacher's or principal's	42048
performance and duties as provided for in divisions (D) and (E) of	42049
this section. The performance-based increase for a teacher or	42050
principal rated as accomplished shall be greater than the	42051
performance-based increase for a teacher or principal rated as	42052
proficient. Notwithstanding division (C) of this section, division	42053
(C) of section 3319.02, and section 3319.12 of the Revised Code,	42054
the board may decrease the teacher's or principal's salary if the	42055
teacher or principal will perform fewer or different duties	42056
described in division (E) of this section in the school year for	42057
which the salary is decreased.	42058

(G) Notwithstanding any provision to the contrary in Chapter	42059
4117. of the Revised Code, the requirements of this section	42060
prevail over any conflicting provisions of a collective bargaining	42061
agreement entered into on or after ~~the effective date of this~~	42062
~~section~~October 1, 2012. However, the board and the teachers'	42063
labor organization shall negotiate the implementation of the	42064
differentiated salary schedule for teachers and may negotiate	42065
additional factors regarding teacher salaries, provided those	42066
factors are consistent with this section.	42067

Sec. 3312.08. Each fiscal agent selected by the department	42068
of education pursuant to section 3312.07 of the Revised Code shall	42069
do all of the following:	42070

(A) Enter into performance contracts with the department in	42071
accordance with section 3312.09 of the Revised Code for the	42072
implementation of state and regional education initiatives and	42073
school improvement efforts;	42074

(B) Receive federal and state funds, including federal funds	42075
for the provision of special education and related services, as	42076
specified in the performance contracts, and disburse those funds	42077
as specified in the performance contracts to educational service	42078
centers, information technology centers, and other regional	42079
service providers. However, any funds owed to an educational	42080
service center in accordance with an agreement entered into under	42081
section ~~3317.11~~3313.843, 3313.844, or 3313.845 of the Revised	42082
Code shall be paid directly to the service center by the	42083
department ~~in accordance with that section~~ and any operating funds	42084
appropriated for an information technology center shall be paid	42085
directly to the information technology center by the department	42086
pursuant to section 3301.075 of the Revised Code.	42087

(C) Implement any expenditure of funds recommended by the	42088
advisory council for the region pursuant to section 3312.04 of the	42089
Revised Code or required by the terms of any performance contract,	42090
unless there are insufficient funds available to the region to pay	42091
for the expenditure or the expenditure violates a provision of the	42092
Revised Code, a rule of the state board of education regarding	42093
such expenditure, or the terms of a performance contract;	42094

(D) Exercise fiscal oversight of the implementation of state	42095
and regional education initiatives and school improvement efforts.	42096

Sec. 3313.372. (A) As used in this section, "energy	42097
conservation measure" means an installation or modification of an	42098
installation in, or remodeling of, a building, to reduce energy	42099
consumption. It includes:	42100

(1) Insulation of the building structure and systems within	42101
the building;	42102

(2) Storm windows and doors, multiglazed windows and doors,	42103
heat absorbing or heat reflective glazed and coated window and	42104
door systems, additional glazing, reductions in glass area, and	42105
other window and door system modifications that reduce energy	42106
consumption;	42107

(3) Automatic energy control systems;

42108

(4) Heating, ventilating, or air conditioning system	42109
modifications or replacements;	42110

(5) Caulking and weatherstripping;

42111

(6) Replacement or modification of lighting fixtures to	42112
increase the energy efficiency of the system without increasing	42113
the overall illumination of a facility, unless such increase in	42114
illumination is necessary to conform to the applicable state or	42115
local building code for the proposed lighting system;	42116

(7) Energy recovery systems;

42117

(8) Cogeneration systems that produce steam or forms of	42118
energy such as heat, as well as electricity, for use primarily	42119
within a building or complex of buildings;	42120

(9) Any other modification, installation, or remodeling	42121
approved by the Ohio school facilities commission as an energy	42122
conservation measure.	42123

(B) A board of education of a city, exempted village, local,	42124
or joint vocational school district may enter into an installment	42125
payment contract for the purchase and installation of energy	42126
conservation measures. The provisions of such installment payment	42127
contracts dealing with interest charges and financing terms shall	42128
not be subject to the competitive bidding requirements of section	42129
3313.46 of the Revised Code, and shall be on the following terms:	42130

(1) Not less than one-fifteenth of the costs thereof shall be	42131
paid within two years from the date of purchase.	42132

(2) The remaining balance of the costs thereof shall be paid	42133
within fifteen years from the date of purchase.	42134

The provisions of any installment payment contract entered	42135
into pursuant to this section shall provide that all payments,	42136
except payments for repairs and obligations on termination of the	42137
contract prior to its expiration, be stated as a percentage of	42138
calculated energy, water, or waste water cost savings, avoided	42139
operating costs, and avoided capital costs attributable to the one	42140
or more measures over a defined period of time. Those payments	42141
shall be made only to the extent that the savings described in	42142
this division actually occur. The contractor shall warrant and	42143
guarantee that the energy conservation measures shall realize	42144
guaranteed savings. In order to ensure payment of any savings	42145
shortfall, the contractor shall provide an energy guarantee bond	42146
for the full term of the contract, including any partial guarantee	42147
year.	42148

The commission may reduce the term of any installment payment	42149
contract entered into under this section on or after the effective	42150
date of this amendment to three years.	42151

An installment payment contract entered into by a board of	42152
education under this section shall require the board to contract	42153
in accordance with division (A) of section 3313.46 of the Revised	42154
Code for the installation, modification, or remodeling of energy	42155
conservation measures unless division (A) of section 3313.46 of	42156
the Revised Code does not apply pursuant to division (B)(3) of	42157
that section.	42158

(C) The board may issue the notes of the school district	42159
signed by the president and the treasurer of the board and	42160
specifying the terms of the purchase and securing the deferred	42161
payments provided in this section, payable at the times provided	42162
and bearing interest at a rate not exceeding the rate determined	42163
as provided in section 9.95 of the Revised Code. The notes may	42164
contain an option for prepayment and shall not be subject to	42165
Chapter 133. of the Revised Code. In the resolution authorizing	42166
the notes, the board may provide, without the vote of the electors	42167
of the district, for annually levying and collecting taxes in	42168
amounts sufficient to pay the interest on and retire the notes,	42169
except that the total net indebtedness of the district without a	42170
vote of the electors incurred under this and all other sections of	42171
the Revised Code, except section 3318.052 of the Revised Code,	42172
shall not exceed one per cent of the district's tax valuation.	42173
Revenues derived from local taxes or otherwise, for the purpose of	42174
conserving energy or for defraying the current operating expenses	42175
of the district, may be applied to the payment of interest and the	42176
retirement of such notes. The notes may be sold at private sale or	42177
given to the contractor under the installment payment contract	42178
authorized by division (B) of this section.	42179

(D) Debt incurred under this section shall not be included in	42180
the calculation of the net indebtedness of a school district under	42181
section 133.06 of the Revised Code.	42182

(E) No school district board shall enter into an installment	42183
payment contract under division (B) of this section unless it	42184
first obtains a report of the costs of the energy conservation	42185
measures and the savings thereof as described under division (G)	42186
of section 133.06 of the Revised Code as a requirement for issuing	42187
energy securities, makes a finding that the amount spent on such	42188
measures is not likely to exceed the amount of money it would save	42189
in energy costs and resultant operational and maintenance costs as	42190
described in that division, except that that finding shall cover	42191
the ensuing fifteen years, and the Ohio school facilities	42192
commission determines that the district board's findings are	42193
reasonable and approves the contract as described in that	42194
division.	42195

The district board shall monitor the savings and maintain a	42196
report of those savings, which shall be submitted to the	42197
commission in the same manner as required by division (G) of	42198
section 133.06 of the Revised Code in the case of energy	42199
securities.	42200

Sec. 3313.376. As used in this section, "client school	42201
district" ~~has the same meaning as in section 3317.11 of the~~	42202
~~Revised Code~~means a city, exempted village, or local school	42203
district that has entered into an agreement under section 3313.843	42204
or 3313.845 of the Revised Code to receive any services from an	42205
educational service center.	42206

For the purpose of obtaining quantity discounts in purchasing	42207
textbooks; computer equipment, including computer software; school	42208
buses; and natural gas, electricity, and other utility services,	42209
the governing boards of two or more educational service centers	42210
may enter into agreements, including installment purchase and	42211
lease-purchase contracts, to jointly purchase such commodities to	42212
be utilized by client school districts of the educational service	42213
centers.	42214

Sec. 3313.42. (A) When in the judgment of a board of	42215
education of any school district in this state, lying adjacent to	42216
a school district of another state, the best interests of the	42217
public schools can be promoted by purchasing school grounds,	42218
repairing or erecting a schoolhouse, and maintaining them jointly	42219
between the two adjacent school districts, the board of education	42220
of the school district of this state so situated may enter into an	42221
agreement with the school authorities of said adjacent school	42222
district for the purpose of purchasing school grounds, repairing	42223
or constructing a school building, purchasing school furniture,	42224
equipment, appliances, fuel, employing teachers, and maintaining a	42225
school. The board of education of this state may levy taxes and	42226
perform such other duties in maintaining such joint school as are	42227
otherwise provided by law for maintaining the public schools in	42228
this state.	42229

In carrying out this section the school district shall pay	42230
such proportion of the cost of purchasing school grounds,	42231
repairing or erecting a building, and in maintaining the joint	42232
school as is equitable and just in the judgment of the board of	42233
education and trustees of the two adjacent school districts.	42234

(B) ~~In any school district that has entered into an agreement~~	42235
~~under division (A) of this section, the state minimum teacher~~	42236
~~salary requirements prescribed by section 3317.13 of the Revised~~	42237
~~Code do not apply if the total expenditures by the school district~~	42238
~~for teacher salaries in any school year equals or exceeds the~~	42239
~~total minimum expenditures that would have been required in that~~	42240
~~year if such minimum teacher salary requirements did apply.~~	42241

~~(C)~~ Notwithstanding sections 3319.01, 3319.02, and 3313.22 of	42242
the Revised Code, the board of education of a local school	42243
district that has entered into an agreement with an adjacent	42244
school district in another state under division (A) of this	42245
section may contract with the educational service center within	42246
which the local school district is located for the service center	42247
to provide any administrative services specified in the agreement	42248
to the local school district and the adjacent district. If such an	42249
agreement provides for the duties of a district treasurer,	42250
superintendent, or principals to be performed by the service	42251
center, the local school district is not required to employ	42252
persons to perform such duties.	42253

Sec. 3313.48. (A) The board of education of each city,	42254
exempted village, local, and joint vocational school district	42255
shall provide for the free education of the youth of school age	42256
within the district under its jurisdiction, at such places as will	42257
be most convenient for the attendance of the largest number	42258
thereof. ~~Except as provided in section 3313.481 of the Revised~~	42259
~~Code, each~~Each school so provided and each chartered nonpublic	42260
school shall be open for instruction with pupils in attendance,	42261
including scheduled classes, supervised activities, and approved	42262
education options but excluding lunch and breakfast periods and	42263
extracurricular activities, for not less than ~~one hundred~~	42264
~~eighty-two days~~four hundred fifty-five hours in the case of	42265
pupils in kindergarten unless such pupils are provided all-day	42266
kindergarten, as defined in section 3321.05 of the Revised Code,	42267
in which case the pupils shall be in attendance for nine hundred	42268
ten hours; nine hundred ten hours in the case of pupils in grades	42269
one through six; and one thousand one hours in the case of pupils	42270
in grades seven through twelve in each school year, which may	42271
include all of the following:	42272

~~(A)~~(1) Up to ~~four~~the equivalent of two school days per year	42273
~~in which classes are dismissed one-half day early or the~~	42274
~~equivalent amount of time during a different number of days~~during	42275
which pupils would otherwise be in attendance but are not required	42276
to attend for the purpose of individualized parent-teacher	42277
conferences and reporting periods;	42278

~~(B)~~(2) Up to the equivalent of two school days per year	42279
during which pupils would otherwise be in attendance but are not	42280
required to attend for professional meetings of teachers ~~when such~~	42281
~~days occur during a regular school week and schools are not in~~	42282
~~session~~;	42283

~~(C) The number of days the school is closed as a result of~~	42284
~~public calamity, as provided in section 3317.01 of the Revised~~	42285
~~Code~~(3) Morning and afternoon recess periods of not more than	42286
fifteen minutes duration per period for pupils in grades	42287
kindergarten through six.	42288

~~The state board of education shall adopt standards for~~	42289
~~defining "school day" as used in sections 3313.48 and 3317.01 of~~	42290
~~the Revised Code.~~	42291

~~Except as otherwise provided in this section, each day for~~	42292
~~grades seven through twelve shall consist of not less than five~~	42293
~~clock hours with pupils in attendance, except in such emergency~~	42294
~~situations, including lack of classroom space, as are approved by~~	42295
~~the state board of education. Except as otherwise provided in this~~	42296
~~section, each day for grades one through six shall consist of not~~	42297
~~less than five clock hours with pupils in attendance which may~~	42298
~~include fifteen minute morning and afternoon recess periods,~~	42299
~~except in such emergency situations, including lack of classroom~~	42300
~~space, as are approved by the state board of education.~~	42301

(B) Not later than thirty days prior to adopting a school	42302
calendar, the board of education of each city, exempted village,	42303
and local school district shall hold a public hearing on the	42304
school calendar, addressing topics that include, but are not	42305
limited to, the total number of hours in a school year, length of	42306
school day, and beginning and end dates of instruction. Each board	42307
shall publish notice of the hearing in a newspaper of general	42308
circulation in the district not later than thirty days prior to	42309
the hearing.	42310

(C) No school operated by a city, exempted village, local, or	42311
joint vocational school district shall reduce the number of hours	42312
in each school year that the school is scheduled to be open for	42313
instruction from the number of hours per year the school was open	42314
for instruction during the previous school year unless the	42315
reduction is approved by a resolution adopted by the district	42316
board of education. Any reduction so approved shall not result in	42317
fewer hours of instruction per school year than the applicable	42318
number of hours required under division (A) of this section.	42319

(D) Prior to making any change in the hours or days in which	42320
a high school under its jurisdiction is open for instruction, the	42321
board of education of each city, exempted village, and local	42322
school district shall consider the compatibility of the proposed	42323
change with the scheduling needs of any joint vocational school	42324
district in which any of the high school's students are also	42325
enrolled. The board shall consider the impact of the proposed	42326
change on student access to the instructional programs offered by	42327
the joint vocational school district, incentives for students to	42328
participate in career-technical education, transportation, and the	42329
timing of graduation. The board shall provide the joint vocational	42330
school district board with advance notice of the proposed change	42331
and the two boards shall enter into a written agreement	42332
prescribing reasonable accommodations to meet the scheduling needs	42333
of the joint vocational school district prior to implementation of	42334
the change.	42335

(E) Prior to making any change in the hours or days in which	42336
a school under its jurisdiction is open for instruction, the board	42337
of education of each city, exempted village, and local school	42338
district shall consider the compatibility of the proposed change	42339
with the scheduling needs of any community school established	42340
under Chapter 3314. of the Revised Code to which the district is	42341
required to transport students under sections 3314.09 and 3327.01	42342
of the Revised Code. The board shall consider the impact of the	42343
proposed change on student access to the instructional programs	42344
offered by the community school, transportation, and the timing of	42345
graduation. The board shall provide the sponsor, governing	42346
authority, and operator of the community school with advance	42347
notice of the proposed change, and the board and the governing	42348
authority, or operator if such authority is delegated to the	42349
operator, shall enter into a written agreement prescribing	42350
reasonable accommodations to meet the scheduling needs of the	42351
community school prior to implementation of the change.	42352

(F) Prior to making any change in the hours or days in which	42353
the schools under its jurisdiction are open for instruction, the	42354
board of education of each city, exempted village, and local	42355
school district shall consult with the chartered nonpublic schools	42356
to which the district is required to transport students under	42357
section 3327.01 of the Revised Code and shall consider the effect	42358
of the proposed change on the schedule for transportation of those	42359
students to their nonpublic schools. The governing authority of a	42360
chartered nonpublic school shall consult with each school district	42361
board of education that transports students to the chartered	42362
nonpublic school under section 3327.01 of the Revised Code prior	42363
to making any change in the hours or days in which the nonpublic	42364
school is open for instruction.	42365

(G) The state board of education shall not adopt or enforce	42366
any rule or standard that imposes on chartered nonpublic schools	42367
the procedural requirements imposed on school districts by	42368
divisions (B), (C), (D), and (E) of this section.	42369

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	42370
the term "school day" is used, unless otherwise specified, that	42371
term shall be construed to mean the time during a calendar day	42372
that a school is open for instruction pursuant to the schedule	42373
adopted by the board of education of the school district or the	42374
governing authority of the chartered nonpublic school in	42375
accordance with section 3313.48 of the Revised Code.	42376

Sec. 3313.483. (A) A board of education, upon the adoption	42377
of a resolution stating that it may be financially unable to open	42378
on the day or to remain open for instruction on all days set forth	42379
in its adopted school calendar and pay all obligated expenses, or	42380
the superintendent of public instruction upon the issuance of	42381
written notification under division (B) of section 3313.489 of the	42382
Revised Code, shall request the auditor of state to determine	42383
whether such situation exists. The auditor shall deliver a copy of	42384
each request from a board of education to the superintendent of	42385
public instruction. In the case of a school district not under a	42386
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	42387
auditor shall not issue a finding under this section until written	42388
notification is received from the superintendent pursuant to	42389
section 3313.487 of the Revised Code.	42390

(B) If the auditor of state finds that the board of education	42391
has attempted to avail itself to the fullest extent authorized by	42392
law of all lawful revenue sources available to it except those	42393
authorized by section 5705.21 of the Revised Code, the auditor	42394
shall certify that finding to the superintendent of public	42395
instruction and the state board of education and shall certify the	42396
operating deficit the district will have at the end of the fiscal	42397
year if it commences or continues operating its instructional	42398
program in accordance with its adopted school calendar and pays	42399
all obligated expenses.	42400

(C) No board of education may delay the opening of its	42401
schools or close its schools for financial reasons. Upon the	42402
request of the superintendent of public instruction, the attorney	42403
general shall seek injunctive relief and any other relief required	42404
to enforce this prohibition in the court of common pleas of	42405
Franklin county. The court of common pleas of Franklin county has	42406
exclusive original jurisdiction over all such actions.	42407

(D) Upon the receipt of any certification of an operating	42408
deficit from the auditor of state, a board of education shall make	42409
application to a commercial bank, underwriter, or other	42410
prospective lender or purchaser of its obligations for a loan in	42411
an amount sufficient to enable the district to open or remain open	42412
for instruction on all days set forth in its adopted school	42413
calendar but not to exceed the amount of the deficit certified.	42414

(E)(1) Any board of education that has applied for and been	42415
denied a loan from a commercial bank, underwriter, or other	42416
prospective lender or purchaser of its obligations pursuant to	42417
division (D) of this section shall submit to the superintendent of	42418
public instruction a plan for implementing reductions in the	42419
school district's budget; apply for a loan from a commercial bank,	42420
underwriter, or other prospective lender or purchaser of its	42421
obligations in an amount not to exceed its certified deficit; and	42422
provide the superintendent such information as the superintendent	42423
requires concerning its application for such a loan. The board of	42424
education of a school district declared to be under a fiscal watch	42425
pursuant to division (A) of section 3316.03 of the Revised Code	42426
may, upon approval of the superintendent, utilize the financial	42427
plan required by section 3316.04 of the Revised Code, or	42428
applicable parts thereof, as the plan required under this	42429
division. The board of education of a school district declared to	42430
be under a fiscal emergency pursuant to division (B) of section	42431
3316.03 of the Revised Code may utilize the financial recovery	42432
plan for the district, or applicable parts thereof, as the plan	42433
required under this division. Except for the plan of a school	42434
district under a fiscal emergency, the superintendent shall	42435
evaluate, make recommendations concerning, and approve or	42436
disapprove each plan. When a plan is submitted, the superintendent	42437
shall immediately notify the members of the general assembly whose	42438
legislative districts include any or all of the territory of the	42439
school district submitting the plan.	42440

(2) The superintendent shall submit to the controlling board	42441
a copy of each plan the superintendent approves, or each plan	42442
submitted by a district under a fiscal emergency pursuant to	42443
division (B) of section 3316.03 of the Revised Code, and the	42444
general terms of each proposed loan, and shall make	42445
recommendations regarding the plan and whether a proposed loan to	42446
the board of education should be approved for payment as provided	42447
in division (E)(3) of this section. The controlling board shall	42448
approve or disapprove the plan and the proposed loan presented to	42449
it by the superintendent. In the case of a district not under a	42450
fiscal emergency pursuant to division (B) of section 3316.03 of	42451
the Revised Code, the controlling board may require a board of	42452
education to implement the superintendent's recommendations for	42453
expenditure reductions or impose other requirements. Loan	42454
repayments shall be in accordance with a schedule approved by the	42455
superintendent, except that the principal amount of the loan shall	42456
be payable in monthly, semiannual, or annual installments of	42457
principal and interest that are substantially equal principal and	42458
interest installments. Except as otherwise provided in division	42459
(E)(2) of this section, repayment shall be made no later than the	42460
fifteenth day of June of the second fiscal year following the	42461
approval of the loan. A school district with a certified deficit	42462
in excess of either twenty-five million dollars or fifteen per	42463
cent of the general fund expenditures of the district during the	42464
fiscal year shall repay the loan no later than the fifteenth day	42465
of June of the tenth fiscal year following the approval of the	42466
loan. In deciding whether to approve or disapprove a proposed	42467
loan, the controlling board shall consider the deficit certified	42468
by the auditor of state pursuant to this section. A board of	42469
education that has an outstanding loan approved pursuant to this	42470
section with a repayment date of more than two fiscal years after	42471
the date of approval of such loan may not apply for another loan	42472
with such a repayment date until the outstanding loan has been	42473
repaid.	42474

(3) If a board of education has submitted and received	42475
controlling board approval of a plan and proposed loan in	42476
accordance with this section, the superintendent of public	42477
instruction shall report to the controlling board the actual	42478
amounts loaned to the board of education. Such board of education	42479
shall request the superintendent to pay any funds the board of	42480
education would otherwise receive pursuant to Chapter 3306. of the	42481
Revised Code first directly to the holders of the board of	42482
education's notes, or an agent thereof, such amounts as are	42483
specified under the terms of the loan. Such payments shall be made	42484
only from and to the extent of money appropriated by the general	42485
assembly for purposes of such sections. No note or other	42486
obligation of the board of education under the loan constitutes an	42487
obligation nor a debt or a pledge of the faith, credit, or taxing	42488
power of the state, and the holder or owner of such note or	42489
obligation has no right to have taxes levied by the general	42490
assembly for the payment of such note or obligation, and such note	42491
or obligation shall contain a statement to that effect.	42492

(4) Pursuant to the terms of such a loan, a board of	42493
education may issue its notes in anticipation of the collection of	42494
its voted levies for current expenses or its receipt of such state	42495
funds or both. Such notes shall be issued in accordance with	42496
division (E) of section 133.10 of the Revised Code and constitute	42497
Chapter 133. securities to the extent such division and the	42498
otherwise applicable provisions of Chapter 133. of the Revised	42499
Code are not inconsistent with this section, provided that in any	42500
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	42501
(E)(2) of section 133.10 of the Revised Code do not apply to such	42502
notes.	42503

(5) Notwithstanding section 133.36 or 3313.17, any other	42504
section of the Revised Code, or any other provision of law, a	42505
board of education that has received a loan under this section may	42506
not declare bankruptcy, so long as any portion of such loan	42507
remains unpaid.	42508

(F) Under this section and ~~sections~~section 3313.4810 ~~and~~	42509
~~3313.4811~~, "board of education" or "district board" includes the	42510
financial planning and supervision commission of a school district	42511
under a fiscal emergency pursuant to Chapter 3316. of the Revised	42512
Code where such commission chooses to exercise the powers and	42513
duties otherwise required of the district board of education under	42514
this section and ~~sections~~section 3313.4810 ~~and 3313.4811~~ of the	42515
Revised Code.	42516

Sec. 3313.484. No loan shall be approved under sections	42517
3313.483 to ~~3313.4811~~3313.4810 of the Revised Code after March 1,	42518
1998.	42519

By the last day of June each year, the department of	42520
education shall calculate and pay a subsidy to every school	42521
district that during the current fiscal year paid and was	42522
obligated to pay interest on a loan under sections 3313.483 to	42523
~~3313.4811~~3313.4810 of the Revised Code in excess of two per cent	42524
simple interest. The amount of the subsidy shall equal the	42525
difference between the amount of interest the district paid and	42526
was obligated to pay during the year and the interest that the	42527
district would have been obligated to pay if the interest rate on	42528
the loan had been two per cent per year.	42529

Sec. 3313.488. (A) Within fifteen days ofafter the date a	42530
~~board of education requests that its school district be made~~	42531
~~subject to this section as authorized by section 3317.62 of the~~	42532
~~Revised Code, or~~ the state board of education ~~has issued~~issues an	42533
order under section 3313.487 of the Revised Code making a school	42534
district subject to this section, the district's board of	42535
education shall prepare a fiscal statement of expenses and	42536
expenditures for the remainder of the current fiscal year. The	42537
fiscal statement shall be submitted to the superintendent of	42538
public instruction and shall set forth all revenues to be received	42539
by the district during the remainder of the fiscal year and their	42540
sources, the expenses to be incurred by the district during the	42541
remainder of the fiscal year, the outstanding and unpaid expenses	42542
at the time the fiscal statement is prepared and the date or dates	42543
by which such expenses must be paid, and such other information as	42544
the superintendent requires to enable the superintendent to ensure	42545
that during the remainder of the fiscal year, the district will	42546
not incur any expenses that will further impair its ability to	42547
operate an instructional program that meets or exceeds the minimum	42548
standards of the state board of education and requirements of the	42549
Revised Code during the current and ensuing fiscal years with the	42550
revenue available to it from existing revenue sources. The fiscal	42551
statement shall be presented in such detail and form as the	42552
superintendent prescribes. Beginning the tenth day after the	42553
fiscal statement is submitted and for the remainder of the fiscal	42554
year, the board shall not make any expenditure of money, make any	42555
employment, purchase, or rental contract, give any order involving	42556
the expenditure of money, or increase any wage or salary schedule	42557
unless the superintendent of public instruction has approved the	42558
fiscal statement in writing and the expenditure, contract, order,	42559
or schedule has been approved in writing by the superintendent as	42560
being in conformity with the fiscal statement.	42561

Any contract or expenditure made, order given, or schedule	42562
adopted or put into effect without the written approval of the	42563
superintendent of public instruction is void, and no warrant shall	42564
be issued in payment of any amount due thereon.	42565

(B) A board of education subject to division (A) of this	42566
section shall prepare a fiscal statement of expenses and	42567
expenditures for the ensuing fiscal year. The fiscal statement	42568
shall be submitted to the superintendent of public instruction and	42569
shall set forth all revenues to be received by the district during	42570
such year and their source, the expenses to be incurred by the	42571
district during such year, the outstanding and unpaid expenses on	42572
the first day of such fiscal year, the date or dates by which such	42573
expenses must be paid, and such other information as the	42574
superintendent requires to enable the superintendent to ensure	42575
that during such year, the district will not incur any expenses	42576
that will further impair its ability to operate an instructional	42577
program that meets or exceeds the minimum standards of the state	42578
board of education and requirements of the Revised Code during	42579
such year with the revenue available to it from existing revenue	42580
sources. The fiscal statement shall be presented at the time and	42581
in such detail and form as the superintendent prescribes. During	42582
the fiscal year following the year in which a board of education	42583
first becomes subject to division (A) of this section it shall not	42584
make any expenditure of money, make any employment, purchase, or	42585
rental contract, give any order involving the expenditure of	42586
money, or increase any wage or salary schedule unless the	42587
superintendent of public instruction has approved the fiscal	42588
statement submitted under this division in writing and has	42589
approved the expenditure, contract, order, or schedule in writing	42590
as being in conformity with the fiscal statement.	42591

Any contract or expenditure made, order given, or schedule	42592
adopted or put into effect without the written approval of the	42593
superintendent of public instruction is void, and no warrant shall	42594
be issued in payment of any amount due thereon.	42595

(C) The state board of education shall examine any fiscal	42596
statement presented to and approved by the superintendent of	42597
public instruction under division (B) of this section and shall	42598
determine whether the data set forth in the fiscal statement are	42599
factual and based upon assumptions that in its judgment are	42600
reasonable expectations consistent with acceptable governmental	42601
budget and accounting practices. If the state board so determines	42602
and finds that the revenues and expenditures in the fiscal	42603
statement are in balance for the fiscal year and the fiscal	42604
statement will enable the district to operate during such year	42605
without interrupting its school calendar, it shall certify its	42606
determination and finding to the district at least thirty days	42607
prior to the beginning of the fiscal year, and the district shall	42608
thereupon cease to be subject to this section. If the state board	42609
does not make such a determination and finding, the board of	42610
education and school district are subject to this division and	42611
division (B) of this section in the ensuing fiscal year and each	42612
fiscal year thereafter until the state board makes a	42613
determination, finding, and certification under this division.	42614

(D) Any officer, employee, or other person who knowingly	42615
expends or authorizes the expenditure of any public funds or	42616
knowingly authorizes or executes any contract, order, or schedule	42617
contrary to division (A) or (B) of this section or who knowingly	42618
expends or authorizes the expenditure of any public funds on any	42619
such void contract, order, or schedule is jointly and severally	42620
liable in person and upon any official bond that the officer,	42621
employee, or other person has given to such school district to the	42622
extent of any payments on the void claim, not to exceed twenty	42623
thousand dollars. The attorney general at the written request of	42624
the superintendent of public instruction shall enforce this	42625
liability by civil action brought in any court of appropriate	42626
jurisdiction in the name of and on behalf of the school district.	42627

(E) During each month that a board of education is subject to	42628
division (A), (B), or (C) of this section, the superintendent of	42629
public instruction shall submit a report to the speaker of the	42630
house of representatives and the president of the senate on the	42631
financial condition of the school district. The report shall	42632
contain the date by which the superintendent anticipates the	42633
district will cease to be subject to such divisions, the	42634
district's plans for becoming exempt from such section, and such	42635
other information the superintendent determines appropriate or the	42636
speaker of the house of representatives or president of the senate	42637
requests.	42638

In addition to the other reports required under this	42639
division, on the thirty-first day of each school district fiscal	42640
year following a fiscal year in which a school district first	42641
becomes subject to this section, the superintendent shall submit a	42642
written report to the speaker of the house of representatives and	42643
the president of the senate. The report shall include	42644
recommendations to the general assembly for strengthening the	42645
financial condition of school districts based upon the experiences	42646
of the superintendent and the state board in exercising their	42647
powers under this section and sections 3313.483 and 3313.487 of	42648
the Revised Code.	42649

(F) This section does not apply to a school district declared	42650
to be under a fiscal emergency pursuant to division (B) of section	42651
3316.03 of the Revised Code.	42652

Sec. 3313.4810. Any school district receiving a loan under	42653
section 3313.483 ~~or 3317.64~~ of the Revised Code in excess of seven	42654
per cent of the general fund expenditures of the district during	42655
the fiscal year in which the loan is received and that has	42656
received a loan under that section within the last five years is	42657
subject to section 3313.488 of the Revised Code for the duration	42658
of the fiscal year in which the district receives the loan and	42659
during the ensuing two fiscal years. The controlling board may not	42660
relieve a school district to which this section applies from any	42661
requirements imposed under section 3313.483 ~~or 3317.64~~ of the	42662
Revised Code to implement recommendations of the superintendent of	42663
public instruction for expenditure reduction and may not modify	42664
any other requirements imposed under such section upon such a	42665
district as a condition for receiving the loan unless expressly	42666
authorized to do so by law. The superintendent of public	42667
instruction shall, among any recommendations hethe superintendent	42668
makes for expenditure reduction under section 3313.483 ~~or 3317.63~~	42669
of the Revised Code affecting the number of employees of a school	42670
district to which this section applies, provide wherever possible	42671
for the retention of teachers who are actually involved in the	42672
daily teaching of students in the classroom.	42673

Sec. 3313.533. (A) The board of education of a city,	42674
exempted village, or local school district may adopt a resolution	42675
to establish and maintain an alternative school in accordance with	42676
this section. The resolution shall specify, but not necessarily be	42677
limited to, all of the following:	42678

(1) The purpose of the school, which purpose shall be to	42679
serve students who are on suspension, who are having truancy	42680
problems, who are experiencing academic failure, who have a	42681
history of class disruption, who are exhibiting other academic or	42682
behavioral problems specified in the resolution, or who have been	42683
discharged or released from the custody of the department of youth	42684
services under section 5139.51 of the Revised Code;	42685

(2) The grades served by the school, which may include any of	42686
grades kindergarten through twelve;	42687

(3) A requirement that the school be operated in accordance	42688
with this section. The board of education adopting the resolution	42689
under division (A) of this section shall be the governing board of	42690
the alternative school. The board shall develop and implement a	42691
plan for the school in accordance with the resolution establishing	42692
the school and in accordance with this section. Each plan shall	42693
include, but not necessarily be limited to, all of the following:	42694

(a) Specification of the reasons for which students will be	42695
accepted for assignment to the school and any criteria for	42696
admission that are to be used by the board to approve or	42697
disapprove the assignment of students to the school;	42698

(b) Specification of the criteria and procedures that will be	42699
used for returning students who have been assigned to the school	42700
back to the regular education program of the district;	42701

(c) An evaluation plan for assessing the effectiveness of the	42702
school and its educational program and reporting the results of	42703
the evaluation to the public.	42704

(B) Notwithstanding any provision of Title XXXIII of the	42705
Revised Code to the contrary, the alternative school plan may	42706
include any of the following:	42707

(1) A requirement that on each school day students must	42708
attend school or participate in other programs specified in the	42709
plan or by the chief administrative officer of the school for a	42710
period equal to the minimum school day set by the ~~state~~ board of	42711
education under section 3313.48 of the Revised Code plus any	42712
additional time required in the plan or by the chief	42713
administrative officer;	42714

(2) Restrictions on student participation in extracurricular	42715
or interscholastic activities;	42716

(3) A requirement that students wear uniforms prescribed by	42717
the district board of education.	42718

(C) In accordance with the alternative school plan, the	42719
district board of education may employ teachers and nonteaching	42720
employees necessary to carry out its duties and fulfill its	42721
responsibilities or may contract with a nonprofit or for profit	42722
entity to operate the alternative school, including the provision	42723
of personnel, supplies, equipment, or facilities.	42724

(D) An alternative school may be established in all or part	42725
of a school building.	42726

(E) If a district board of education elects under this	42727
section, or is required by section 3313.534 of the Revised Code,	42728
to establish an alternative school, the district board may join	42729
with the board of education of one or more other districts to form	42730
a joint alternative school by forming a cooperative education	42731
school district under section 3311.52 or 3311.521 of the Revised	42732
Code, or a joint educational program under section 3313.842 of the	42733
Revised Code. The authority to employ personnel or to contract	42734
with a nonprofit or for profit entity under division (C) of this	42735
section applies to any alternative school program established	42736
under this division.	42737

(F) Any individual employed as a teacher at an alternative	42738
school operated by a nonprofit or for profit entity under this	42739
section shall be licensed and shall be subject to background	42740
checks, as described in section 3319.39 of the Revised Code, in	42741
the same manner as an individual employed by a school district.	42742

(G) Division (G) of this section applies only to any	42743
alternative school that is operated by a nonprofit or for profit	42744
entity under contract with the school district.	42745

(1) In addition to the specifications authorized under	42746
division (B) of this section, any plan adopted under that division	42747
for an alternative school to which division (G) of this section	42748
also applies shall include the following:	42749

(a) A description of the educational program provided at the	42750
alternative school, which shall include:	42751

(i) Provisions for the school to be configured in clusters or	42752
small learning communities;	42753

(ii) Provisions for the incorporation of education technology	42754
into the curriculum;	42755

(iii) Provisions for accelerated learning programs in reading	42756
and mathematics.	42757

(b) A method to determine the reading and mathematics level	42758
of each student assigned to the alternative school and a method to	42759
continuously monitor each student's progress in those areas. The	42760
methods employed under this division shall be aligned with the	42761
curriculum adopted by the school district board of education under	42762
section 3313.60 of the Revised Code.	42763

(c) A plan for social services to be provided at the	42764
alternative school, such as, but not limited to, counseling	42765
services, psychological support services, and enrichment programs;	42766

(d) A plan for a student's transition from the alternative	42767
school back to a school operated by the school district;	42768

(e) A requirement that the alternative school maintain	42769
financial records in a manner that is compatible with the form	42770
prescribed for school districts by the auditor of state to enable	42771
the district to comply with any rules adopted by the auditor of	42772
state.	42773

(2) Notwithstanding division (A)(2) of this section, any	42774
alternative school to which division (G) of this section applies	42775
shall include only grades six through twelve.	42776

(3) Notwithstanding anything in division (A)(3)(a) of this	42777
section to the contrary, the characteristics of students who may	42778
be assigned to an alternative school to which division (G) of this	42779
section applies shall include only disruptive and low-performing	42780
students.	42781

(H) When any district board of education determines to	42782
contract with a nonprofit or for profit entity to operate an	42783
alternative school under this section, the board shall use the	42784
procedure set forth in this division.	42785

(1) The board shall publish notice of a request for proposals	42786
in a newspaper of general circulation in the district once each	42787
week for a period of two consecutive weeks, or as provided in	42788
section 7.16 of the Revised Code, prior to the date specified by	42789
the board for receiving proposals. Notices of requests for	42790
proposals shall contain a general description of the subject of	42791
the proposed contract and the location where the request for	42792
proposals may be obtained. The request for proposals shall include	42793
all of the following information:	42794

(a) Instructions and information to respondents concerning	42795
the submission of proposals, including the name and address of the	42796
office where proposals are to be submitted;	42797

(b) Instructions regarding communications, including at least	42798
the names, titles, and telephone numbers of persons to whom	42799
questions concerning a proposal may be directed;	42800

(c) A description of the performance criteria that will be	42801
used to evaluate whether a respondent to which a contract is	42802
awarded is meeting the district's educational standards or the	42803
method by which such performance criteria will be determined;	42804

(d) Factors and criteria to be considered in evaluating	42805
proposals, the relative importance of each factor or criterion,	42806
and a description of the evaluation procedures to be followed;	42807

(e) Any terms or conditions of the proposed contract,	42808
including any requirement for a bond and the amount of such bond;	42809

(f) Documents that may be incorporated by reference into the	42810
request for proposals, provided that the request for proposals	42811
specifies where such documents may be obtained and that such	42812
documents are readily available to all interested parties.	42813

(2) After the date specified for receiving proposals, the	42814
board shall evaluate the submitted proposals and may hold	42815
discussions with any respondent to ensure a complete understanding	42816
of the proposal and the qualifications of such respondent to	42817
execute the proposed contract. Such qualifications shall include,	42818
but are not limited to, all of the following:	42819

(a) Demonstrated competence in performance of the required	42820
services as indicated by effective implementation of educational	42821
programs in reading and mathematics and at least three years of	42822
experience successfully serving a student population similar to	42823
the student population assigned to the alternative school;	42824

(b) Demonstrated performance in the areas of cost	42825
containment, the provision of educational services of a high	42826
quality, and any other areas determined by the board;	42827

(c) Whether the respondent has the resources to undertake the	42828
operation of the alternative school and to provide qualified	42829
personnel to staff the school;	42830

(d) Financial responsibility.

42831

(3) The board shall select for further review at least three	42832
proposals from respondents the board considers qualified to	42833
operate the alternative school in the best interests of the	42834
students and the district. If fewer than three proposals are	42835
submitted, the board shall select each proposal submitted. The	42836
board may cancel a request for proposals or reject all proposals	42837
at any time prior to the execution of a contract.	42838

The board may hold discussions with any of the three selected	42839
respondents to clarify or revise the provisions of a proposal or	42840
the proposed contract to ensure complete understanding between the	42841
board and the respondent of the terms under which a contract will	42842
be entered. Respondents shall be accorded fair and equal treatment	42843
with respect to any opportunity for discussion regarding	42844
clarifications or revisions. The board may terminate or	42845
discontinue any further discussion with a respondent upon written	42846
notice.	42847

(4) Upon further review of the three proposals selected by	42848
the board, the board shall award a contract to the respondent the	42849
board considers to have the most merit, taking into consideration	42850
the scope, complexity, and nature of the services to be performed	42851
by the respondent under the contract.	42852

(5) Except as provided in division (H)(6) of this section,	42853
the request for proposals, submitted proposals, and related	42854
documents shall become public records under section 149.43 of the	42855
Revised Code after the award of the contract.	42856

(6) Any respondent may request in writing that the board not	42857
disclose confidential or proprietary information or trade secrets	42858
contained in the proposal submitted by the respondent to the	42859
board. Any such request shall be accompanied by an offer of	42860
indemnification from the respondent to the board. The board shall	42861
determine whether to agree to the request and shall inform the	42862
respondent in writing of its decision. If the board agrees to	42863
nondisclosure of specified information in a proposal, such	42864
information shall not become a public record under section 149.43	42865
of the Revised Code. If the respondent withdraws its proposal at	42866
any time prior to the execution of a contract, the proposal shall	42867
not be a public record under section 149.43 of the Revised Code.	42868

(I) Upon a recommendation from the department and in	42869
accordance with section 3301.16 of the Revised Code, the state	42870
board of education may revoke the charter of any alternative	42871
school operated by a school district that violates this section.	42872

Sec. 3313.539. (A) As used in this section~~, "physician"~~:

42873

"Physician" means a person authorized under Chapter 4731. of	42874
the Revised Code to practice medicine and surgery or osteopathic	42875
medicine and surgery.	42876

"Chiropractor" means a person licensed under Chapter 4734. of	42877
the Revised Code to practice chiropractic.	42878

(B) No school district board of education or governing	42879
authority of a chartered or nonchartered nonpublic school shall	42880
permit a student to practice for or compete in interscholastic	42881
athletics until the student has submitted, to a school official	42882
designated by the board or governing authority, a form signed by	42883
the parent, guardian, or other person having care or charge of the	42884
student stating that the student and the parent, guardian, or	42885
other person having care or charge of the student have received	42886
the concussion and head injury information sheet required by	42887
section 3707.52 of the Revised Code. A completed form shall be	42888
submitted each school year, as defined in section 3313.62 of the	42889
Revised Code, for each sport or other category of interscholastic	42890
athletics for or in which the student practices or competes.	42891

(C)(1) No school district board of education or governing	42892
authority of a chartered or nonchartered nonpublic school shall	42893
permit an individual to coach interscholastic athletics unless the	42894
individual holds a pupil-activity program permit issued under	42895
section 3319.303 of the Revised Code for coaching interscholastic	42896
athletics.	42897

(2) No school district board of education or governing	42898
authority of a chartered or nonchartered nonpublic school shall	42899
permit an individual to referee interscholastic athletics unless	42900
the individual holds a pupil-activity program permit issued under	42901
section 3319.303 of the Revised Code for coaching interscholastic	42902
athletics or presents evidence that the individual has	42903
successfully completed, within the previous three years, a	42904
training program in recognizing the symptoms of concussions and	42905
head injuries to which the department of health has provided a	42906
link on its internet web site under section 3707.52 of the Revised	42907
Code or a training program authorized and required by an	42908
organization that regulates interscholastic conferences or events.	42909

(D) If a student practicing for or competing in an	42910
interscholastic athletic event exhibits signs, symptoms, or	42911
behaviors consistent with having sustained a concussion or head	42912
injury while participating in the practice or competition, the	42913
student shall be removed from the practice or competition by	42914
either of the following:	42915

(1) The individual who is serving as the student's coach	42916
during that practice or competition;	42917

(2) An individual who is serving as a referee during that	42918
practice or competition.	42919

(E)(1) If a student is removed from practice or competition	42920
under division (D) of this section, the coach or referee who	42921
removed the student shall not allow the student, on the same day	42922
the student is removed, to return to that practice or competition	42923
or to participate in any other practice or competition for which	42924
the coach or referee is responsible. Thereafter, the coach or	42925
referee shall not allow the student to return to that practice or	42926
competition or to participate in any other practice or competition	42927
for which the coach or referee is responsible until both of the	42928
following conditions are satisfied:	42929

(a) The student's condition is assessed by ~~either~~any of the	42930
following:	42931

(i) A physician;

42932

(ii) A chiropractor;

42933

(iii) Any other licensed health care provider the school	42934
district board of education or governing authority of the	42935
chartered or nonchartered nonpublic school, pursuant to division	42936
(E)(2) of this section, authorizes to assess a student who has	42937
been removed from practice or competition under division (D) of	42938
this section.	42939

(b) The student receives written clearance that it is safe	42940
for the student to return to practice or competition from a	42941
physician, chiropractor, or ~~from~~ another licensed health care	42942
provider authorized pursuant to division (E)(2) of this section to	42943
grant the clearance.	42944

(2) A school district board of education or governing	42945
authority of a chartered or nonchartered nonpublic school may	42946
authorize a licensed health care provider who is not a physician	42947
or a chiropractor to make an assessment or grant a clearance for	42948
purposes of division (E)(1) of this section only if the provider	42949
is acting in accordance with one of the following, as applicable	42950
to the provider's authority to practice in this state:	42951

(a) In consultation with a physician;

42952

(b) Pursuant to the referral of a physician;

42953

42954

(d) Under the supervision of a physician.

42955

(3) A physician, chiropractor, or other licensed health care	42956
provider who makes an assessment or grants a clearance for	42957
purposes of division (E)(1) of this section may be a volunteer.	42958

(F) A school district board of education or governing	42959
authority of a chartered or nonchartered nonpublic school that is	42960
subject to the rules of an interscholastic conference or an	42961
organization that regulates interscholastic conferences or events	42962
shall be considered to be in compliance with divisions (B), (D),	42963
and (E) of this section, as long as the requirements of those	42964
rules are substantially similar to the requirements of divisions	42965
(B), (D), and (E) of this section.	42966

(G)(1) A school district, member of a school district board	42967
of education, or school district employee or volunteer, including	42968
a coach or referee, is not liable in damages in a civil action for	42969
injury, death, or loss to person or property allegedly arising	42970
from providing services or performing duties under this section,	42971
unless the act or omission constitutes willful or wanton	42972
misconduct.	42973

This section does not eliminate, limit, or reduce any other	42974
immunity or defense that a school district, member of a school	42975
district board of education, or school district employee or	42976
volunteer, including a coach or referee, may be entitled to under	42977
Chapter 2744. or any other provision of the Revised Code or under	42978
the common law of this state.	42979

(2) A chartered or nonchartered nonpublic school or any	42980
officer, director, employee, or volunteer of the school, including	42981
a coach or referee, is not liable in damages in a civil action for	42982
injury, death, or loss to person or property allegedly arising	42983
from providing services or performing duties under this section,	42984
unless the act or omission constitutes willful or wanton	42985
misconduct.	42986

Sec. 3313.5311. (A) As used in this section and in section	42987
3313.5312 of the Revised Code, "extracurricular activity" has the	42988
same meaning as in section 3313.537 of the Revised Code.	42989

(B) If the nonpublic school in which the student is enrolled	42990
does not offer the extracurricular activity, a student enrolled in	42991
a chartered or nonchartered nonpublic school shall be afforded, by	42992
the superintendent of the school district in which the student is	42993
entitled to attend school under section 3313.64 or 3313.65 of the	42994
Revised Code, the opportunity to participate in that	42995
extracurricular activity at the district school to which the	42996
student otherwise would be assigned during that school year. If	42997
more than one school operated by the school district serves the	42998
student's grade level, as determined by the district	42999
superintendent based on the student's age and academic	43000
performance, the student shall be afforded the opportunity to	43001
participate in that extracurricular activity at the school to	43002
which the student would be assigned by the superintendent under	43003
section 3319.01 of the Revised Code.	43004

(C) The superintendent of any school district may afford any	43005
student enrolled in a nonpublic school, and who is not entitled to	43006
attend school in the district under section 3313.64 or 3313.65 of	43007
the Revised Code, the opportunity to participate in an	43008
extracurricular activity offered by a school of the district, if	43009
both of the following apply:	43010

(1) The nonpublic school in which the student is enrolled	43011
does not offer the extracurricular activity;	43012

(2) The extracurricular activity is not interscholastic	43013
athletics or interscholastic contests or competition in music,	43014
drama, or forensics.	43015

(D) In order to participate in an extracurricular activity	43016
under this section, the student shall be of the appropriate age	43017
and grade level, as determined by the superintendent of the	43018
district, for the school that offers the extracurricular activity,	43019
and shall fulfill the same academic, nonacademic, and financial	43020
requirements as any other participant.	43021

(E) No school district shall impose additional rules on a	43022
student to participate under this section that do not apply to	43023
other students participating in the same extracurricular activity.	43024
No district shall impose additional fees for a student to	43025
participate under this section that exceed any fees charged to	43026
other students participating in the same extracurricular activity.	43027

(F) No school district, interscholastic conference, or	43028
organization that regulates interscholastic conferences or events	43029
shall require a student who is eligible to participate in	43030
interscholastic extracurricular activities under this section to	43031
meet eligibility requirements that conflict with this section.	43032

Sec. 3313.5312. (A) A student who is receiving home	43033
instruction in accordance with division (A)(2) of section 3321.04	43034
of the Revised Code shall be afforded, by the superintendent of	43035
the school district in which the student is entitled to attend	43036
school under section 3313.64 or 3313.65 of the Revised Code, the	43037
opportunity to participate in any extracurricular activity offered	43038
at the district school to which the student otherwise would be	43039
assigned during that school year. If more than one school operated	43040
by the school district serves the student's grade level, as	43041
determined by the district superintendent based on the student's	43042
age and academic performance, the student shall be afforded the	43043
opportunity to participate in extracurricular activities at the	43044
school to which the student would be assigned by the	43045
superintendent under section 3319.01 of the Revised Code. If a	43046
student who is afforded the opportunity to participate in	43047
extracurricular activities under division (A) of this section	43048
wishes to participate in an activity that is offered by the	43049
district, the student shall not participate in that activity at	43050
another school or school district to which the student is not	43051
entitled to attend.	43052

(B) The superintendent of any school district may afford any	43053
student who receives home instruction under division (A)(2) of	43054
section 3321.04 of the Revised Code, and who is not entitled to	43055
attend school in the district under section 3313.64 or 3313.65 of	43056
the Revised Code, the opportunity to participate in any	43057
extracurricular activity offered by a school of the district, if	43058
the district to which the student is entitled to attend does not	43059
offer that extracurricular activity.	43060

(C) In order to participate in an extracurricular activity	43061
under this section, the student shall be of the appropriate age	43062
and grade level, as determined by the superintendent of the	43063
district, for the school that offers the extracurricular activity,	43064
shall fulfill the same nonacademic and financial requirements as	43065
any other participant, and shall fulfill either of the following	43066
academic requirements:	43067

(1) If the student received home instruction in the preceding	43068
grading period, the student shall meet any academic requirements	43069
established by the state board of education for the continuation	43070
of home instruction.	43071

(2) If the student did not receive home instruction in the	43072
preceding grading period, the student's academic performance	43073
during the preceding grading period shall have met any academic	43074
standards for eligibility to participate in the program	43075
established by the school district.	43076

(D) Eligibility for a student who leaves a school district	43077
mid-year for home instruction shall be determined based on an	43078
interim academic assessment issued by the district in which the	43079
student was enrolled based on the student's work while enrolled in	43080
that district.	43081

(E) Any student who commences home instruction after the	43082
beginning of a school year and who is, at the time home	43083
instruction commences, ineligible to participate in an	43084
extracurricular activity due to failure to meet academic standards	43085
or any other requirements of the district shall not participate in	43086
the extracurricular activity under this section until the student	43087
meets the academic requirements established by the state board of	43088
education for continuation of home instruction as verified by the	43089
superintendent of the district. No student under this section	43090
shall be eligible to participate in the same semester in which the	43091
student was determined ineligible.	43092

(F) No school district shall impose additional rules on a	43093
student to participate under this section that do not apply to	43094
other students participating in the same extracurricular activity.	43095
No district shall impose fees for a student to participate under	43096
this section that exceed any fees charged to other students	43097
participating in the same extracurricular activity.	43098

(G) No school district, interscholastic conference, or	43099
organization that regulates interscholastic conferences or events	43100
shall require a student who is eligible to participate in	43101
interscholastic extracurricular activities under this section to	43102
meet eligibility requirements that conflict with this section.	43103

Sec. 3313.603. (A) As used in this section:

43104

(1) "One unit" means a minimum of one hundred twenty hours of	43105
course instruction, except that for a laboratory course, "one	43106
unit" means a minimum of one hundred fifty hours of course	43107
instruction.	43108

(2) "One-half unit" means a minimum of sixty hours of course	43109
instruction, except that for physical education courses, "one-half	43110
unit" means a minimum of one hundred twenty hours of course	43111
instruction.	43112

(B) Beginning September 15, 2001, except as required in	43113
division (C) of this section and division (C) of section 3313.614	43114
of the Revised Code, the requirements for graduation from every	43115
high school shall include twenty units earned in grades nine	43116
through twelve and shall be distributed as follows:	43117

(1) English language arts, four units;

43118

(2) Health, one-half unit;

43119

(3) Mathematics, three units;

43120

(4) Physical education, one-half unit;

43121

(5) Science, two units until September 15, 2003, and three	43122
units thereafter, which at all times shall include both of the	43123
following:	43124

(a) Biological sciences, one unit;

43125

(b) Physical sciences, one unit.

43126

(6) History and government, one unit, which shall comply with	43127
division (M) of this section and shall include both of the	43128
following:	43129

(a) American history, one-half unit;

43130

(b) American government, one-half unit.

43131

(7) Social studies, two units.

43132

(8) Elective units, seven units until September 15, 2003, and	43133
six units thereafter.	43134

Each student's electives shall include at least one unit, or	43135
two half units, chosen from among the areas of	43136
business/technology, fine arts, and/or foreign language.	43137

(C) Beginning with students who enter ninth grade for the	43138
first time on or after July 1, 2010, except as provided in	43139
divisions (D) to (F) of this section, the requirements for	43140
graduation from every public and chartered nonpublic high school	43141
shall include twenty units that are designed to prepare students	43142
for the workforce and college. The units shall be distributed as	43143
follows:	43144

(1) English language arts, four units;

43145

(2) Health, one-half unit, which shall include instruction in	43146
nutrition and the benefits of nutritious foods and physical	43147
activity for overall health;	43148

(3) Mathematics, four units, which shall include one unit of	43149
algebra II or the equivalent of algebra II;	43150

(4) Physical education, one-half unit;

43151

(5) Science, three units with inquiry-based laboratory	43152
experience that engages students in asking valid scientific	43153
questions and gathering and analyzing information, which shall	43154
include the following, or their equivalent:	43155

(a) Physical sciences, one unit;

43156

(b) Life sciences, one unit;

43157

(c) Advanced study in one or more of the following sciences,	43158
one unit:	43159

(i) Chemistry, physics, or other physical science;

43160

(ii) Advanced biology or other life science;

43161

(iii) Astronomy, physical geology, or other earth or space	43162
science.	43163

(6) History and government, one unit, which shall comply with	43164
division (M) of this section and shall include both of the	43165
following:	43166

(a) American history, one-half unit;

43167

(b) American government, one-half unit.

43168

(7) Social studies, two units.

43169

Each school shall integrate the study of economics and	43170
financial literacy, as expressed in the social studies academic	43171
content standards adopted by the state board of education under	43172
division (A)(1) of section 3301.079 of the Revised Code and the	43173
academic content standards for financial literacy and	43174
entrepreneurship adopted under division (A)(2) of that section,	43175
into one or more existing social studies credits required under	43176
division (C)(7) of this section, or into the content of another	43177
class, so that every high school student receives instruction in	43178
those concepts. In developing the curriculum required by this	43179
paragraph, schools shall use available public-private partnerships	43180
and resources and materials that exist in business, industry, and	43181
through the centers for economics education at institutions of	43182
higher education in the state.	43183

(8) Five units consisting of one or any combination of	43184
foreign language, fine arts, business, career-technical education,	43185
family and consumer sciences, technology, agricultural education,	43186
a junior reserve officer training corps (JROTC) program approved	43187
by the congress of the United States under title 10 of the United	43188
States Code, or English language arts, mathematics, science, or	43189
social studies courses not otherwise required under division (C)	43190
of this section.	43191

Ohioans must be prepared to apply increased knowledge and	43192
skills in the workplace and to adapt their knowledge and skills	43193
quickly to meet the rapidly changing conditions of the	43194
twenty-first century. National studies indicate that all high	43195
school graduates need the same academic foundation, regardless of	43196
the opportunities they pursue after graduation. The goal of Ohio's	43197
system of elementary and secondary education is to prepare all	43198
students for and seamlessly connect all students to success in	43199
life beyond high school graduation, regardless of whether the next	43200
step is entering the workforce, beginning an apprenticeship,	43201
engaging in post-secondary training, serving in the military, or	43202
pursuing a college degree.	43203

The Ohio core curriculum is the standard expectation for all	43204
students entering ninth grade for the first time at a public or	43205
chartered nonpublic high school on or after July 1, 2010. A	43206
student may satisfy this expectation through a variety of methods,	43207
including, but not limited to, integrated, applied,	43208
career-technical, and traditional coursework.	43209

Whereas teacher quality is essential for student success in	43210
completing the Ohio core curriculum, the general assembly shall	43211
appropriate funds for strategic initiatives designed to strengthen	43212
schools' capacities to hire and retain highly qualified teachers	43213
in the subject areas required by the curriculum. Such initiatives	43214
are expected to require an investment of $120,000,000 over five	43215
years.	43216

Stronger coordination between high schools and institutions	43217
of higher education is necessary to prepare students for more	43218
challenging academic endeavors and to lessen the need for academic	43219
remediation in college, thereby reducing the costs of higher	43220
education for Ohio's students, families, and the state. The state	43221
board and the chancellor of the Ohio board of regents shall	43222
develop policies to ensure that only in rare instances will	43223
students who complete the Ohio core curriculum require academic	43224
remediation after high school.	43225

School districts, community schools, and chartered nonpublic	43226
schools shall integrate technology into learning experiences	43227
across the curriculum in order to maximize efficiency, enhance	43228
learning, and prepare students for success in the	43229
technology-driven twenty-first century. Districts and schools	43230
shall use distance and web-based course delivery as a method of	43231
providing or augmenting all instruction required under this	43232
division, including laboratory experience in science. Districts	43233
and schools shall utilize technology access and electronic	43234
learning opportunities provided by the ~~eTech Ohio~~broadcast	43235
educational media commission, chancellor, the Ohio learning	43236
network, education technology centers, public television stations,	43237
and other public and private providers.	43238

(D) Except as provided in division (E) of this section, a	43239
student who enters ninth grade on or after July 1, 2010, and	43240
before July 1, 2014, may qualify for graduation from a public or	43241
chartered nonpublic high school even though the student has not	43242
completed the Ohio core curriculum prescribed in division (C) of	43243
this section if all of the following conditions are satisfied:	43244

(1) After the student has attended high school for two years,	43245
as determined by the school, the student and the student's parent,	43246
guardian, or custodian sign and file with the school a written	43247
statement asserting the parent's, guardian's, or custodian's	43248
consent to the student's graduating without completing the Ohio	43249
core curriculum and acknowledging that one consequence of not	43250
completing the Ohio core curriculum is ineligibility to enroll in	43251
most state universities in Ohio without further coursework.	43252

(2) The student and parent, guardian, or custodian fulfill	43253
any procedural requirements the school stipulates to ensure the	43254
student's and parent's, guardian's, or custodian's informed	43255
consent and to facilitate orderly filing of statements under	43256
division (D)(1) of this section.	43257

(3) The student and the student's parent, guardian, or	43258
custodian and a representative of the student's high school	43259
jointly develop an individual career plan for the student that	43260
specifies the student matriculating to a two-year degree program,	43261
acquiring a business and industry credential, or entering an	43262
apprenticeship.	43263

(4) The student's high school provides counseling and support	43264
for the student related to the plan developed under division	43265
(D)(3) of this section during the remainder of the student's high	43266
school experience.	43267

(5) The student successfully completes, at a minimum, the	43268
curriculum prescribed in division (B) of this section.	43269

The department of education, in collaboration with the	43270
chancellor, shall analyze student performance data to determine if	43271
there are mitigating factors that warrant extending the exception	43272
permitted by division (D) of this section to high school classes	43273
beyond those entering ninth grade before July 1, 2014. The	43274
department shall submit its findings and any recommendations not	43275
later than August 1, 2014, to the speaker and minority leader of	43276
the house of representatives, the president and minority leader of	43277
the senate, the chairpersons and ranking minority members of the	43278
standing committees of the house of representatives and the senate	43279
that consider education legislation, the state board of education,	43280
and the superintendent of public instruction.	43281

(E) Each school district and chartered nonpublic school	43282
retains the authority to require an even more rigorous minimum	43283
curriculum for high school graduation than specified in division	43284
(B) or (C) of this section. A school district board of education,	43285
through the adoption of a resolution, or the governing authority	43286
of a chartered nonpublic school may stipulate any of the	43287
following:	43288

(1) A minimum high school curriculum that requires more than	43289
twenty units of academic credit to graduate;	43290

(2) An exception to the district's or school's minimum high	43291
school curriculum that is comparable to the exception provided in	43292
division (D) of this section but with additional requirements,	43293
which may include a requirement that the student successfully	43294
complete more than the minimum curriculum prescribed in division	43295
(B) of this section;	43296

(3) That no exception comparable to that provided in division	43297
(D) of this section is available.	43298

(F) A student enrolled in a dropout prevention and recovery	43299
program, which program has received a waiver from the department,	43300
may qualify for graduation from high school by successfully	43301
completing a competency-based instructional program administered	43302
by the dropout prevention and recovery program in lieu of	43303
completing the Ohio core curriculum prescribed in division (C) of	43304
this section. The department shall grant a waiver to a dropout	43305
prevention and recovery program, within sixty days after the	43306
program applies for the waiver, if the program meets all of the	43307
following conditions:	43308

(1) The program serves only students not younger than sixteen	43309
years of age and not older than twenty-one years of age.	43310

(2) The program enrolls students who, at the time of their	43311
initial enrollment, either, or both, are at least one grade level	43312
behind their cohort age groups or experience crises that	43313
significantly interfere with their academic progress such that	43314
they are prevented from continuing their traditional programs.	43315

(3) The program requires students to attain at least the	43316
applicable score designated for each of the assessments prescribed	43317
under division (B)(1) of section 3301.0710 of the Revised Code or,	43318
to the extent prescribed by rule of the state board under division	43319
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	43320
of that section.	43321

(4) The program develops an individual career plan for the	43322
student that specifies the student's matriculating to a two-year	43323
degree program, acquiring a business and industry credential, or	43324
entering an apprenticeship.	43325

(5) The program provides counseling and support for the	43326
student related to the plan developed under division (F)(4) of	43327
this section during the remainder of the student's high school	43328
experience.	43329

(6) The program requires the student and the student's	43330
parent, guardian, or custodian to sign and file, in accordance	43331
with procedural requirements stipulated by the program, a written	43332
statement asserting the parent's, guardian's, or custodian's	43333
consent to the student's graduating without completing the Ohio	43334
core curriculum and acknowledging that one consequence of not	43335
completing the Ohio core curriculum is ineligibility to enroll in	43336
most state universities in Ohio without further coursework.	43337

(7) Prior to receiving the waiver, the program has submitted	43338
to the department an instructional plan that demonstrates how the	43339
academic content standards adopted by the state board under	43340
section 3301.079 of the Revised Code will be taught and assessed.	43341

If the department does not act either to grant the waiver or	43342
to reject the program application for the waiver within sixty days	43343
as required under this section, the waiver shall be considered to	43344
be granted.	43345

(G) Every high school may permit students below the ninth	43346
grade to take advanced work. If a high school so permits, it shall	43347
award high school credit for successful completion of the advanced	43348
work and shall count such advanced work toward the graduation	43349
requirements of division (B) or (C) of this section if the	43350
advanced work was both:	43351

(1) Taught by a person who possesses a license or certificate	43352
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	43353
Code that is valid for teaching high school;	43354

(2) Designated by the board of education of the city, local,	43355
or exempted village school district, the board of the cooperative	43356
education school district, or the governing authority of the	43357
chartered nonpublic school as meeting the high school curriculum	43358
requirements.	43359

Each high school shall record on the student's high school	43360
transcript all high school credit awarded under division (G) of	43361
this section. In addition, if the student completed a seventh- or	43362
eighth-grade fine arts course described in division (K) of this	43363
section and the course qualified for high school credit under that	43364
division, the high school shall record that course on the	43365
student's high school transcript.	43366

(H) The department shall make its individual academic career	43367
plan available through its Ohio career information system web site	43368
for districts and schools to use as a tool for communicating with	43369
and providing guidance to students and families in selecting high	43370
school courses.	43371

(I) Units earned in English language arts, mathematics,	43372
science, and social studies that are delivered through integrated	43373
academic and career-technical instruction are eligible to meet the	43374
graduation requirements of division (B) or (C) of this section.	43375

(J) The state board, in consultation with the chancellor,	43376
shall adopt a statewide plan implementing methods for students to	43377
earn units of high school credit based on a demonstration of	43378
subject area competency, instead of or in combination with	43379
completing hours of classroom instruction. The state board shall	43380
adopt the plan not later than March 31, 2009, and commence phasing	43381
in the plan during the 2009-2010 school year. The plan shall	43382
include a standard method for recording demonstrated proficiency	43383
on high school transcripts. Each school district and community	43384
school shall comply with the state board's plan adopted under this	43385
division and award units of high school credit in accordance with	43386
the plan. The state board may adopt existing methods for earning	43387
high school credit based on a demonstration of subject area	43388
competency as necessary prior to the 2009-2010 school year.	43389

(K) This division does not apply to students who qualify for	43390
graduation from high school under division (D) or (F) of this	43391
section, or to students pursuing a career-technical instructional	43392
track as determined by the school district board of education or	43393
the chartered nonpublic school's governing authority.	43394
Nevertheless, the general assembly encourages such students to	43395
consider enrolling in a fine arts course as an elective.	43396

Beginning with students who enter ninth grade for the first	43397
time on or after July 1, 2010, each student enrolled in a public	43398
or chartered nonpublic high school shall complete two semesters or	43399
the equivalent of fine arts to graduate from high school. The	43400
coursework may be completed in any of grades seven to twelve. Each	43401
student who completes a fine arts course in grade seven or eight	43402
may elect to count that course toward the five units of electives	43403
required for graduation under division (C)(8) of this section, if	43404
the course satisfied the requirements of division (G) of this	43405
section. In that case, the high school shall award the student	43406
high school credit for the course and count the course toward the	43407
five units required under division (C)(8) of this section. If the	43408
course in grade seven or eight did not satisfy the requirements of	43409
division (G) of this section, the high school shall not award the	43410
student high school credit for the course but shall count the	43411
course toward the two semesters or the equivalent of fine arts	43412
required by this division.	43413

(L) Notwithstanding anything to the contrary in this section,	43414
the board of education of each school district and the governing	43415
authority of each chartered nonpublic school may adopt a policy to	43416
excuse from the high school physical education requirement each	43417
student who, during high school, has participated in	43418
interscholastic athletics, marching band, or cheerleading for at	43419
least two full seasons or in the junior reserve officer training	43420
corps for at least two full school years. If the board or	43421
authority adopts such a policy, the board or authority shall not	43422
require the student to complete any physical education course as a	43423
condition to graduate. However, the student shall be required to	43424
complete one-half unit, consisting of at least sixty hours of	43425
instruction, in another course of study. In the case of a student	43426
who has participated in the junior reserve officer training corps	43427
for at least two full school years, credit received for that	43428
participation may be used to satisfy the requirement to complete	43429
one-half unit in another course of study.	43430

(M) It is important that high school students learn and	43431
understand United States history and the governments of both the	43432
United States and the state of Ohio. Therefore, beginning with	43433
students who enter ninth grade for the first time on or after July	43434
1, 2012, the study of American history and American government	43435
required by divisions (B)(6) and (C)(6) of this section shall	43436
include the study of all of the following documents:	43437

(1) The Declaration of Independence;

43438

(2) The Northwest Ordinance;

43439

(3) The Constitution of the United States with emphasis on	43440
the Bill of Rights;	43441

(4) The Ohio Constitution.

43442

The study of each of the documents prescribed in divisions	43443
(M)(1) to (4) of this section shall include study of that document	43444
in its original context.	43445

The study of American history and government required by	43446
divisions (B)(6) and (C)(6) of this section shall include the	43447
historical evidence of the role of documents such as the	43448
Federalist Papers and the Anti-Federalist Papers to firmly	43449
establish the historical background leading to the establishment	43450
of the provisions of the Constitution and Bill of Rights.	43451

Sec. 3313.6013. (A) As used in this section, "dual enrollment	43452
program" means a program that enables a student to earn credit	43453
toward a degree from an institution of higher education while	43454
enrolled in high school or that enables a student to complete	43455
coursework while enrolled in high school that may earn credit	43456
toward a degree from an institution of higher education upon the	43457
student's attainment of a specified score on an examination	43458
covering the coursework. Dual enrollment programs may include any	43459
of the following:	43460

(1) The post-secondary enrollment options program established	43461
under Chapter 3365. of the Revised Code;	43462

(2) Advanced placement courses;

43463

(3) Any similar program established pursuant to an agreement	43464
between a school district or chartered nonpublic high school and	43465
an institution of higher education;	43466

(4) Early college high schools.

43467

(B) Each city, local, exempted village, and joint vocational	43468
school district and each chartered nonpublic high school shall	43469
provide students enrolled in grades nine through twelve with the	43470
opportunity to participate in a dual enrollment program. For this	43471
purpose, each school district and chartered nonpublic high school	43472
shall offer at least one dual enrollment program in accordance	43473
with division (B)(1) or (2) of this section, as applicable.	43474

(1) A city, local, or exempted village school district meets	43475
the requirements of this division through its mandatory	43476
participation in the post-secondary enrollment options program	43477
established under Chapter 3365. of the Revised Code. However, a	43478
city, local, or exempted village school district may offer any	43479
other dual enrollment program, in addition to the post-secondary	43480
enrollment options program, and each joint vocational school	43481
district shall offer at least one other dual enrollment program,	43482
to students in good standing, as defined by the partnership for	43483
continued learning under section 3301.42 of the Revised Code as it	43484
existed prior to October 16, 2009, or as subsequently defined by	43485
the department of education.	43486

(2) A chartered nonpublic high school that elects to	43487
participate in the post-secondary enrollment options program	43488
established under Chapter 3365. of the Revised Code meets the	43489
requirements of this division. Each chartered nonpublic high	43490
school that elects not to participate in the post-secondary	43491
enrollment options program instead shall offer at least one other	43492
dual enrollment program to students in good standing, as defined	43493
by the partnership for continued learning under section 3301.42 of	43494
the Revised Code as it existed prior to October 16, 2009, or as	43495
subsequently defined by the department of education.	43496

(C) Each school district and each chartered nonpublic high	43497
school shall provide information about the dual enrollment	43498
programs offered by the district or school to all students	43499
enrolled in grades eight through eleven.	43500

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	43501
the department of education shall administer a pilot program	43502
requiring daily physical activity for students. Any school	43503
district; community school established under Chapter 3314. of the	43504
Revised Code; science, technology, engineering, and mathematics	43505
school established under Chapter 3326. of the Revised Code; or	43506
chartered nonpublic school annually may elect to participate in	43507
the pilot program by notifying the department of its interest by a	43508
date established by the department. If a school district elects to	43509
participate in the pilot program, ~~each school building operated by~~	43510
~~the district shall be required~~the district shall select one or	43511
more school buildings to participate in the program. To the	43512
maximum extent possible, the department shall seek to include in	43513
the pilot program districts and schools that are located in urban,	43514
suburban, and rural areas distributed geographically throughout	43515
the state. The department shall administer the pilot program in	43516
accordance with this section.	43517

(B) Except as provided in division (C) of this section, each	43518
district or school participating in the pilot program shall	43519
require all students in ~~each of grades kindergarten through twelve~~	43520
the school building selected under division (A) of this section to	43521
engage in at least thirty minutes of moderate to rigorous physical	43522
activity each school day or at least one hundred fifty minutes of	43523
moderate to rigorous physical activity each week, exclusive of	43524
recess. Physical activity engaged in during the following may	43525
count toward the daily requirement:	43526

(1) A physical education course;

43527

(2) A program or activity occurring before or after the	43528
regular school day, as defined in section 3313.814 of the Revised	43529
Code, that is sponsored or approved by the school of attendance,	43530
provided school officials are able to monitor students'	43531
participation to ensure compliance with the requirement.	43532

(C) None of the following shall be subject to the requirement	43533
of division (B) of this section:	43534

(1) Any student enrolled in the post-secondary enrollment	43535
options program established under Chapter 3365. of the Revised	43536
Code;	43537

(2) Any student enrolled in a career-technical education	43538
program operated by the district or school;	43539

(3) Any student enrolled in a dropout prevention and recovery	43540
program operated by the district or school.	43541

(D) For any period in which a student is participating in	43542
interscholastic athletics, marching band, cheerleading, or a	43543
junior reserve officer training corps program, the district or	43544
school may excuse the student from the requirement of division (B)	43545
of this section.	43546

(E) The district or school may excuse any kindergarten	43547
student who is not enrolled in all-day kindergarten, as defined in	43548
section 3321.05 of the Revised Code, from the requirement of	43549
division (B) of this section.	43550

(F) Each district or school annually shall report to the	43551
department, in the manner prescribed by the department, how the	43552
district or school implemented the thirty minutes of daily	43553
physical activity and the financial costs of implementation. The	43554
department shall issue an annual report of the data collected	43555
under this division.	43556

Sec. 3313.62. The school year shall begin on the first day	43557
of July of each calendar year and close on the thirtieth day of	43558
June of the succeeding calendar year. ~~A school week shall consist~~	43559
~~of five days, and a school month of four school weeks~~. A chartered	43560
nonpublic school may be open for instruction with pupils in	43561
attendance on any day of the week, including Saturday or Sunday.	43562

Sec. 3313.64. (A) As used in this section and in section	43563
3313.65 of the Revised Code:	43564

(1)(a) Except as provided in division (A)(1)(b) of this	43565
section, "parent" means either parent, unless the parents are	43566
separated or divorced or their marriage has been dissolved or	43567
annulled, in which case "parent" means the parent who is the	43568
residential parent and legal custodian of the child. When a child	43569
is in the legal custody of a government agency or a person other	43570
than the child's natural or adoptive parent, "parent" means the	43571
parent with residual parental rights, privileges, and	43572
responsibilities. When a child is in the permanent custody of a	43573
government agency or a person other than the child's natural or	43574
adoptive parent, "parent" means the parent who was divested of	43575
parental rights and responsibilities for the care of the child and	43576
the right to have the child live with the parent and be the legal	43577
custodian of the child and all residual parental rights,	43578
privileges, and responsibilities.	43579

(b) When a child is the subject of a power of attorney	43580
executed under sections 3109.51 to 3109.62 of the Revised Code,	43581
"parent" means the grandparent designated as attorney in fact	43582
under the power of attorney. When a child is the subject of a	43583
caretaker authorization affidavit executed under sections 3109.64	43584
to 3109.73 of the Revised Code, "parent" means the grandparent	43585
that executed the affidavit.	43586

(2) "Legal custody," "permanent custody," and "residual	43587
parental rights, privileges, and responsibilities" have the same	43588
meanings as in section 2151.011 of the Revised Code.	43589

(3) "School district" or "district" means a city, local, or	43590
exempted village school district and excludes any school operated	43591
in an institution maintained by the department of youth services.	43592

(4) Except as used in division (C)(2) of this section, "home"	43593
means a home, institution, foster home, group home, or other	43594
residential facility in this state that receives and cares for	43595
children, to which any of the following applies:	43596

(a) The home is licensed, certified, or approved for such	43597
purpose by the state or is maintained by the department of youth	43598
services.	43599

(b) The home is operated by a person who is licensed,	43600
certified, or approved by the state to operate the home for such	43601
purpose.	43602

(c) The home accepted the child through a placement by a	43603
person licensed, certified, or approved to place a child in such a	43604
home by the state.	43605

(d) The home is a children's home created under section	43606
5153.21 or 5153.36 of the Revised Code.	43607

(5) "Agency" means all of the following:

43608

(a) A public children services agency;

43609

(b) An organization that holds a certificate issued by the	43610
Ohio department of job and family services in accordance with the	43611
requirements of section 5103.03 of the Revised Code and assumes	43612
temporary or permanent custody of children through commitment,	43613
agreement, or surrender, and places children in family homes for	43614
the purpose of adoption;	43615

(c) Comparable agencies of other states or countries that	43616
have complied with applicable requirements of section 2151.39 of	43617
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	43618
5103.23 to 5103.237 of the Revised Code.	43619

(6) A child is placed for adoption if either of the following	43620
occurs:	43621

(a) An agency to which the child has been permanently	43622
committed or surrendered enters into an agreement with a person	43623
pursuant to section 5103.16 of the Revised Code for the care and	43624
adoption of the child.	43625

(b) The child's natural parent places the child pursuant to	43626
section 5103.16 of the Revised Code with a person who will care	43627
for and adopt the child.	43628

(7) "Preschool child with a disability" has the same meaning	43629
as in section 3323.01 of the Revised Code.	43630

(8) "Child," unless otherwise indicated, includes preschool	43631
children with disabilities.	43632

(9) "Active duty" means active duty pursuant to an executive	43633
order of the president of the United States, an act of the	43634
congress of the United States, or section 5919.29 or 5923.21 of	43635
the Revised Code.	43636

(B) Except as otherwise provided in section 3321.01 of the	43637
Revised Code for admittance to kindergarten and first grade, a	43638
child who is at least five but under twenty-two years of age and	43639
any preschool child with a disability shall be admitted to school	43640
as provided in this division.	43641

(1) A child shall be admitted to the schools of the school	43642
district in which the child's parent resides.	43643

(2) AExcept as provided in division (B) of section 2151.362	43644
and section 3317.30 of the Revised Code, a child who does not	43645
reside in the district where the child's parent resides shall be	43646
admitted to the schools of the district in which the child resides	43647
if any of the following applies:	43648

(a) The child is in the legal or permanent custody of a	43649
government agency or a person other than the child's natural or	43650
adoptive parent.	43651

(b) The child resides in a home.

43652

43653

(3) A child who is not entitled under division (B)(2) of this	43654
section to be admitted to the schools of the district where the	43655
child resides and who is residing with a resident of this state	43656
with whom the child has been placed for adoption shall be admitted	43657
to the schools of the district where the child resides unless	43658
either of the following applies:	43659

(a) The placement for adoption has been terminated.

43660

(b) Another school district is required to admit the child	43661
under division (B)(1) of this section.	43662

Division (B) of this section does not prohibit the board of	43663
education of a school district from placing a child with a	43664
disability who resides in the district in a special education	43665
program outside of the district or its schools in compliance with	43666
Chapter 3323. of the Revised Code.	43667

(C) A district shall not charge tuition for children admitted	43668
under division (B)(1) or (3) of this section. If the district	43669
admits a child under division (B)(2) of this section, tuition	43670
shall be paid to the district that admits the child as provided in	43671
divisions (C)(1) to (3) of this section, unless division (C)(4) of	43672
this section applies to the child:	43673

(1) If the child receives special education in accordance	43674
with Chapter 3323. of the Revised Code, the school district of	43675
residence, as defined in section 3323.01 of the Revised Code,	43676
shall pay tuition for the child in accordance with section	43677
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	43678
regardless of who has custody of the child or whether the child	43679
resides in a home.	43680

(2) For a child that does not receive special education in	43681
accordance with Chapter 3323. of the Revised Code, except as	43682
otherwise provided in division (C)(2)(d) of this section, if the	43683
child is in the permanent or legal custody of a government agency	43684
or person other than the child's parent, tuition shall be paid by:	43685

(a) The district in which the child's parent resided at the	43686
time the court removed the child from home or at the time the	43687
court vested legal or permanent custody of the child in the person	43688
or government agency, whichever occurred first;	43689

(b) If the parent's residence at the time the court removed	43690
the child from home or placed the child in the legal or permanent	43691
custody of the person or government agency is unknown, tuition	43692
shall be paid by the district in which the child resided at the	43693
time the child was removed from home or placed in legal or	43694
permanent custody, whichever occurred first;	43695

(c) If a school district cannot be established under division	43696
(C)(2)(a) or (b) of this section, tuition shall be paid by the	43697
district determined as required by section 2151.362 of the Revised	43698
Code by the court at the time it vests custody of the child in the	43699
person or government agency;	43700

(d) If at the time the court removed the child from home or	43701
vested legal or permanent custody of the child in the person or	43702
government agency, whichever occurred first, one parent was in a	43703
residential or correctional facility or a juvenile residential	43704
placement and the other parent, if living and not in such a	43705
facility or placement, was not known to reside in this state,	43706
tuition shall be paid by the district determined under division	43707
(D) of section 3313.65 of the Revised Code as the district	43708
required to pay any tuition while the parent was in such facility	43709
or placement;	43710

(e) If the department of education has determined, pursuant	43711
to division (A)(2) of section 2151.362 of the Revised Code, that a	43712
school district other than the one named in the court's initial	43713
order, or in a prior determination of the department, is	43714
responsible to bear the cost of educating the child, the district	43715
so determined shall be responsible for that cost.	43716

(3) If the child is not in the permanent or legal custody of	43717
a government agency or person other than the child's parent and	43718
the child resides in a home, tuition shall be paid by one of the	43719
following:	43720

(a) The school district in which the child's parent resides;

43721

(b) If the child's parent is not a resident of this state,	43722
the home in which the child resides.	43723

(4) Division (C)(4) of this section applies to any child who	43724
is admitted to a school district under division (B)(2) of this	43725
section, resides in a home that is not a foster home or, a home	43726
maintained by the department of youth services, a detention	43727
facility established under section 2152.41 of the Revised Code, or	43728
a juvenile facility established under section 2151.65 of the	43729
Revised Code, receives educational services at the home or	43730
facility in which the child resides pursuant to a contract between	43731
the home or facility and the school district providing those	43732
services, and does not receive special education.	43733

In the case of a child to which division (C)(4) of this	43734
section applies, the total educational cost to be paid for the	43735
child shall be determined by a formula approved by the department	43736
of education, which formula shall be designed to calculate a per	43737
diem cost for the educational services provided to the child for	43738
each day the child is served and shall reflect the total actual	43739
cost incurred in providing those services. The department shall	43740
certify the total educational cost to be paid for the child to	43741
both the school district providing the educational services and,	43742
if different, the school district that is responsible to pay	43743
tuition for the child. The department shall deduct the certified	43744
amount from the state basic aid funds payable under Chapter 3317.	43745
of the Revised Code to the district responsible to pay tuition and	43746
shall pay that amount to the district providing the educational	43747
services to the child.	43748

(D) Tuition required to be paid under divisions (C)(2) and	43749
(3)(a) of this section shall be computed in accordance with	43750
section 3317.08 of the Revised Code. Tuition required to be paid	43751
under division (C)(3)(b) of this section shall be computed in	43752
accordance with section 3317.081 of the Revised Code. If a home	43753
fails to pay the tuition required by division (C)(3)(b) of this	43754
section, the board of education providing the education may	43755
recover in a civil action the tuition and the expenses incurred in	43756
prosecuting the action, including court costs and reasonable	43757
attorney's fees. If the prosecuting attorney or city director of	43758
law represents the board in such action, costs and reasonable	43759
attorney's fees awarded by the court, based upon the prosecuting	43760
attorney's, director's, or one of their designee's time spent	43761
preparing and presenting the case, shall be deposited in the	43762
county or city general fund.	43763

(E) A board of education may enroll a child free of any	43764
tuition obligation for a period not to exceed sixty days, on the	43765
sworn statement of an adult resident of the district that the	43766
resident has initiated legal proceedings for custody of the child.	43767

(F) In the case of any individual entitled to attend school	43768
under this division, no tuition shall be charged by the school	43769
district of attendance and no other school district shall be	43770
required to pay tuition for the individual's attendance.	43771
Notwithstanding division (B), (C), or (E) of this section:	43772

(1) All persons at least eighteen but under twenty-two years	43773
of age who live apart from their parents, support themselves by	43774
their own labor, and have not successfully completed the high	43775
school curriculum or the individualized education program	43776
developed for the person by the high school pursuant to section	43777
3323.08 of the Revised Code, are entitled to attend school in the	43778
district in which they reside.	43779

(2) Any child under eighteen years of age who is married is	43780
entitled to attend school in the child's district of residence.	43781

(3) A child is entitled to attend school in the district in	43782
which either of the child's parents is employed if the child has a	43783
medical condition that may require emergency medical attention.	43784
The parent of a child entitled to attend school under division	43785
(F)(3) of this section shall submit to the board of education of	43786
the district in which the parent is employed a statement from the	43787
child's physician certifying that the child's medical condition	43788
may require emergency medical attention. The statement shall be	43789
supported by such other evidence as the board may require.	43790

(4) Any child residing with a person other than the child's	43791
parent is entitled, for a period not to exceed twelve months, to	43792
attend school in the district in which that person resides if the	43793
child's parent files an affidavit with the superintendent of the	43794
district in which the person with whom the child is living resides	43795
stating all of the following:	43796

(a) That the parent is serving outside of the state in the	43797
armed services of the United States;	43798

(b) That the parent intends to reside in the district upon	43799
returning to this state;	43800

(c) The name and address of the person with whom the child is	43801
living while the parent is outside the state.	43802

(5) Any child under the age of twenty-two years who, after	43803
the death of a parent, resides in a school district other than the	43804
district in which the child attended school at the time of the	43805
parent's death is entitled to continue to attend school in the	43806
district in which the child attended school at the time of the	43807
parent's death for the remainder of the school year, subject to	43808
approval of that district board.	43809

(6) A child under the age of twenty-two years who resides	43810
with a parent who is having a new house built in a school district	43811
outside the district where the parent is residing is entitled to	43812
attend school for a period of time in the district where the new	43813
house is being built. In order to be entitled to such attendance,	43814
the parent shall provide the district superintendent with the	43815
following:	43816

(a) A sworn statement explaining the situation, revealing the	43817
location of the house being built, and stating the parent's	43818
intention to reside there upon its completion;	43819

(b) A statement from the builder confirming that a new house	43820
is being built for the parent and that the house is at the	43821
location indicated in the parent's statement.	43822

(7) A child under the age of twenty-two years residing with a	43823
parent who has a contract to purchase a house in a school district	43824
outside the district where the parent is residing and who is	43825
waiting upon the date of closing of the mortgage loan for the	43826
purchase of such house is entitled to attend school for a period	43827
of time in the district where the house is being purchased. In	43828
order to be entitled to such attendance, the parent shall provide	43829
the district superintendent with the following:	43830

(a) A sworn statement explaining the situation, revealing the	43831
location of the house being purchased, and stating the parent's	43832
intent to reside there;	43833

(b) A statement from a real estate broker or bank officer	43834
confirming that the parent has a contract to purchase the house,	43835
that the parent is waiting upon the date of closing of the	43836
mortgage loan, and that the house is at the location indicated in	43837
the parent's statement.	43838

The district superintendent shall establish a period of time	43839
not to exceed ninety days during which the child entitled to	43840
attend school under division (F)(6) or (7) of this section may	43841
attend without tuition obligation. A student attending a school	43842
under division (F)(6) or (7) of this section shall be eligible to	43843
participate in interscholastic athletics under the auspices of	43844
that school, provided the board of education of the school	43845
district where the student's parent resides, by a formal action,	43846
releases the student to participate in interscholastic athletics	43847
at the school where the student is attending, and provided the	43848
student receives any authorization required by a public agency or	43849
private organization of which the school district is a member	43850
exercising authority over interscholastic sports.	43851

(8) A child whose parent is a full-time employee of a city,	43852
local, or exempted village school district, or of an educational	43853
service center, may be admitted to the schools of the district	43854
where the child's parent is employed, or in the case of a child	43855
whose parent is employed by an educational service center, in the	43856
district that serves the location where the parent's job is	43857
primarily located, provided the district board of education	43858
establishes such an admission policy by resolution adopted by a	43859
majority of its members. Any such policy shall take effect on the	43860
first day of the school year and the effective date of any	43861
amendment or repeal may not be prior to the first day of the	43862
subsequent school year. The policy shall be uniformly applied to	43863
all such children and shall provide for the admission of any such	43864
child upon request of the parent. No child may be admitted under	43865
this policy after the first day of classes of any school year.	43866

(9) A child who is with the child's parent under the care of	43867
a shelter for victims of domestic violence, as defined in section	43868
3113.33 of the Revised Code, is entitled to attend school free in	43869
the district in which the child is with the child's parent, and no	43870
other school district shall be required to pay tuition for the	43871
child's attendance in that school district.	43872

The enrollment of a child in a school district under this	43873
division shall not be denied due to a delay in the school	43874
district's receipt of any records required under section 3313.672	43875
of the Revised Code or any other records required for enrollment.	43876
Any days of attendance and any credits earned by a child while	43877
enrolled in a school district under this division shall be	43878
transferred to and accepted by any school district in which the	43879
child subsequently enrolls. The state board of education shall	43880
adopt rules to ensure compliance with this division.	43881

(10) Any child under the age of twenty-two years whose parent	43882
has moved out of the school district after the commencement of	43883
classes in the child's senior year of high school is entitled,	43884
subject to the approval of that district board, to attend school	43885
in the district in which the child attended school at the time of	43886
the parental move for the remainder of the school year and for one	43887
additional semester or equivalent term. A district board may also	43888
adopt a policy specifying extenuating circumstances under which a	43889
student may continue to attend school under division (F)(10) of	43890
this section for an additional period of time in order to	43891
successfully complete the high school curriculum for the	43892
individualized education program developed for the student by the	43893
high school pursuant to section 3323.08 of the Revised Code.	43894

(11) As used in this division, "grandparent" means a parent	43895
of a parent of a child. A child under the age of twenty-two years	43896
who is in the custody of the child's parent, resides with a	43897
grandparent, and does not require special education is entitled to	43898
attend the schools of the district in which the child's	43899
grandparent resides, provided that, prior to such attendance in	43900
any school year, the board of education of the school district in	43901
which the child's grandparent resides and the board of education	43902
of the school district in which the child's parent resides enter	43903
into a written agreement specifying that good cause exists for	43904
such attendance, describing the nature of this good cause, and	43905
consenting to such attendance.	43906

In lieu of a consent form signed by a parent, a board of	43907
education may request the grandparent of a child attending school	43908
in the district in which the grandparent resides pursuant to	43909
division (F)(11) of this section to complete any consent form	43910
required by the district, including any authorization required by	43911
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	43912
Code. Upon request, the grandparent shall complete any consent	43913
form required by the district. A school district shall not incur	43914
any liability solely because of its receipt of a consent form from	43915
a grandparent in lieu of a parent.	43916

Division (F)(11) of this section does not create, and shall	43917
not be construed as creating, a new cause of action or substantive	43918
legal right against a school district, a member of a board of	43919
education, or an employee of a school district. This section does	43920
not affect, and shall not be construed as affecting, any	43921
immunities from defenses to tort liability created or recognized	43922
by Chapter 2744. of the Revised Code for a school district,	43923
member, or employee.	43924

(12) A child under the age of twenty-two years is entitled to	43925
attend school in a school district other than the district in	43926
which the child is entitled to attend school under division (B),	43927
(C), or (E) of this section provided that, prior to such	43928
attendance in any school year, both of the following occur:	43929

(a) The superintendent of the district in which the child is	43930
entitled to attend school under division (B), (C), or (E) of this	43931
section contacts the superintendent of another district for	43932
purposes of this division;	43933

(b) The superintendents of both districts enter into a	43934
written agreement that consents to the attendance and specifies	43935
that the purpose of such attendance is to protect the student's	43936
physical or mental well-being or to deal with other extenuating	43937
circumstances deemed appropriate by the superintendents.	43938

While an agreement is in effect under this division for a	43939
student who is not receiving special education under Chapter 3323.	43940
of the Revised Code and notwithstanding Chapter 3327. of the	43941
Revised Code, the board of education of neither school district	43942
involved in the agreement is required to provide transportation	43943
for the student to and from the school where the student attends.	43944

A student attending a school of a district pursuant to this	43945
division shall be allowed to participate in all student	43946
activities, including interscholastic athletics, at the school	43947
where the student is attending on the same basis as any student	43948
who has always attended the schools of that district while of	43949
compulsory school age.	43950

(13) All school districts shall comply with the	43951
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	43952
seq., for the education of homeless children. Each city, local,	43953
and exempted village school district shall comply with the	43954
requirements of that act governing the provision of a free,	43955
appropriate public education, including public preschool, to each	43956
homeless child.	43957

When a child loses permanent housing and becomes a homeless	43958
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	43959
such a homeless person changes temporary living arrangements, the	43960
child's parent or guardian shall have the option of enrolling the	43961
child in either of the following:	43962

(a) The child's school of origin, as defined in 42 U.S.C.A.	43963
11432(g)(3)(C);	43964

(b) The school that is operated by the school district in	43965
which the shelter where the child currently resides is located and	43966
that serves the geographic area in which the shelter is located.	43967

(14) A child under the age of twenty-two years who resides	43968
with a person other than the child's parent is entitled to attend	43969
school in the school district in which that person resides if both	43970
of the following apply:	43971

(a) That person has been appointed, through a military power	43972
of attorney executed under section 574(a) of the "National Defense	43973
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	43974
U.S.C. 1044b, or through a comparable document necessary to	43975
complete a family care plan, as the parent's agent for the care,	43976
custody, and control of the child while the parent is on active	43977
duty as a member of the national guard or a reserve unit of the	43978
armed forces of the United States or because the parent is a	43979
member of the armed forces of the United States and is on a duty	43980
assignment away from the parent's residence.	43981

(b) The military power of attorney or comparable document	43982
includes at least the authority to enroll the child in school.	43983

The entitlement to attend school in the district in which the	43984
parent's agent under the military power of attorney or comparable	43985
document resides applies until the end of the school year in which	43986
the military power of attorney or comparable document expires.	43987

(G) A board of education, after approving admission, may	43988
waive tuition for students who will temporarily reside in the	43989
district and who are either of the following:	43990

(1) Residents or domiciliaries of a foreign nation who	43991
request admission as foreign exchange students;	43992

(2) Residents or domiciliaries of the United States but not	43993
of Ohio who request admission as participants in an exchange	43994
program operated by a student exchange organization.	43995

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	43996
3327.04, and 3327.06 of the Revised Code, a child may attend	43997
school or participate in a special education program in a school	43998
district other than in the district where the child is entitled to	43999
attend school under division (B) of this section.	44000

(I)(1) Notwithstanding anything to the contrary in this	44001
section or section 3313.65 of the Revised Code, a child under	44002
twenty-two years of age may attend school in the school district	44003
in which the child, at the end of the first full week of October	44004
of the school year, was entitled to attend school as otherwise	44005
provided under this section or section 3313.65 of the Revised	44006
Code, if at that time the child was enrolled in the schools of the	44007
district but since that time the child or the child's parent has	44008
relocated to a new address located outside of that school district	44009
and within the same county as the child's or parent's address	44010
immediately prior to the relocation. The child may continue to	44011
attend school in the district, and at the school to which the	44012
child was assigned at the end of the first full week of October of	44013
the current school year, for the balance of the school year.	44014
Division (I)(1) of this section applies only if both of the	44015
following conditions are satisfied:	44016

(a) The board of education of the school district in which	44017
the child was entitled to attend school at the end of the first	44018
full week in October and of the district to which the child or	44019
child's parent has relocated each has adopted a policy to enroll	44020
children described in division (I)(1) of this section.	44021

(b) The child's parent provides written notification of the	44022
relocation outside of the school district to the superintendent of	44023
each of the two school districts.	44024

(2) At the beginning of the school year following the school	44025
year in which the child or the child's parent relocated outside of	44026
the school district as described in division (I)(1) of this	44027
section, the child is not entitled to attend school in the school	44028
district under that division.	44029

(3) Any person or entity owing tuition to the school district	44030
on behalf of the child at the end of the first full week in	44031
October, as provided in division (C) of this section, shall	44032
continue to owe such tuition to the district for the child's	44033
attendance under division (I)(1) of this section for the lesser of	44034
the balance of the school year or the balance of the time that the	44035
child attends school in the district under division (I)(1) of this	44036
section.	44037

(4) A pupil who may attend school in the district under	44038
division (I)(1) of this section shall be entitled to	44039
transportation services pursuant to an agreement between the	44040
district and the district in which the child or child's parent has	44041
relocated unless the districts have not entered into such	44042
agreement, in which case the child shall be entitled to	44043
transportation services in the same manner as a pupil attending	44044
school in the district under interdistrict open enrollment as	44045
described in division (H) of section 3313.981 of the Revised Code,	44046
regardless of whether the district has adopted an open enrollment	44047
policy as described in division (B)(1)(b) or (c) of section	44048
3313.98 of the Revised Code.	44049

(J) This division does not apply to a child receiving special	44050
education.	44051

A school district required to pay tuition pursuant to	44052
division (C)(2) or (3) of this section or section 3313.65 of the	44053
Revised Code shall have an amount deducted under division (C) of	44054
section 3317.023 of the Revised Code equal to its own tuition rate	44055
for the same period of attendance. A school district entitled to	44056
receive tuition pursuant to division (C)(2) or (3) of this section	44057
or section 3313.65 of the Revised Code shall have an amount	44058
credited under division (C) of section 3317.023 of the Revised	44059
Code equal to its own tuition rate for the same period of	44060
attendance. If the tuition rate credited to the district of	44061
attendance exceeds the rate deducted from the district required to	44062
pay tuition, the department of education shall pay the district of	44063
attendance the difference from amounts deducted from all	44064
districts' payments under division (C) of section 3317.023 of the	44065
Revised Code but not credited to other school districts under such	44066
division and from appropriations made for such purpose. The	44067
treasurer of each school district shall, by the fifteenth day of	44068
January and July, furnish the superintendent of public instruction	44069
a report of the names of each child who attended the district's	44070
schools under divisions (C)(2) and (3) of this section or section	44071
3313.65 of the Revised Code during the preceding six calendar	44072
months, the duration of the attendance of those children, the	44073
school district responsible for tuition on behalf of the child,	44074
and any other information that the superintendent requires.	44075

Upon receipt of the report the superintendent, pursuant to	44076
division (C) of section 3317.023 of the Revised Code, shall deduct	44077
each district's tuition obligations under divisions (C)(2) and (3)	44078
of this section or section 3313.65 of the Revised Code and pay to	44079
the district of attendance that amount plus any amount required to	44080
be paid by the state.	44081

(K) In the event of a disagreement, the superintendent of	44082
public instruction shall determine the school district in which	44083
the parent resides.	44084

(L) Nothing in this section requires or authorizes, or shall	44085
be construed to require or authorize, the admission to a public	44086
school in this state of a pupil who has been permanently excluded	44087
from public school attendance by the superintendent of public	44088
instruction pursuant to sections 3301.121 and 3313.662 of the	44089
Revised Code.	44090

(M) In accordance with division (B)(1) of this section, a	44091
child whose parent is a member of the national guard or a reserve	44092
unit of the armed forces of the United States and is called to	44093
active duty, or a child whose parent is a member of the armed	44094
forces of the United States and is ordered to a temporary duty	44095
assignment outside of the district, may continue to attend school	44096
in the district in which the child's parent lived before being	44097
called to active duty or ordered to a temporary duty assignment	44098
outside of the district, as long as the child's parent continues	44099
to be a resident of that district, and regardless of where the	44100
child lives as a result of the parent's active duty status or	44101
temporary duty assignment. However, the district is not	44102
responsible for providing transportation for the child if the	44103
child lives outside of the district as a result of the parent's	44104
active duty status or temporary duty assignment.	44105

Sec. 3313.646. (A) The board of education of a school	44106
district, except a cooperative education district established	44107
pursuant to section 3311.521 of the Revised Code, may establish	44108
and operate a ~~preschool~~ program to provide services to	44109
preschool-age children, provided the board has demonstrated a need	44110
for the program. A board may use school funds in support of	44111
preschool programs. The board shall maintain, operate, and admit	44112
children to any such program pursuant to rules adopted by such	44113
board and the rules of the state board of education adopted under	44114
sections 3301.52 to 3301.57 of the Revised Code.	44115

A board of education may establish fees or tuition, which may	44116
be graduated in proportion to family income, for participation in	44117
a preschool program. In cases where payment of fees or tuition	44118
would create a hardship for the child's parent or guardian, the	44119
board may waive any such fees or tuition.	44120

(B) No board of education that is not receiving funds under	44121
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	44122
March 17, 1989, shall compete for funds under the "Head Start Act"	44123
with any grantee receiving funds under that act.	44124

(C) A board of education may contract with any of the	44125
following preschool providers to provide ~~preschool programs~~	44126
services to preschool-age children, other than ~~programs for units~~	44127
~~described by divisions (B) and (C) of~~those services for which the	44128
district is eligible to receive funding under section ~~3317.05~~	44129
3317.0213 of the Revised Code~~, for children of the school~~	44130
~~district~~:	44131

(1) Any organization receiving funds under the "Head Start	44132
Act";	44133

(2) Any nonsectarian eligible nonpublic school as defined in	44134
division (H) of section 3301.52 of the Revised Code;	44135

(3) Any child care provider licensed under Chapter 5104. of	44136
the Revised Code.	44137

Boards may contract to provide ~~preschool programs~~services to	44138
preschool-age children only with such organizations whose staff	44139
meet the requirements of rules adopted under section 3301.53 of	44140
the Revised Code or those of the child development associate	44141
credential established by the national association for the	44142
education of young children.	44143

(D) A contract entered into under division (C) of this	44144
section may provide for the board of education to lease school	44145
facilities to the preschool provider or to furnish transportation,	44146
utilities, or staff for the preschool program.	44147

(E) The treasurer of any board of education operating a	44148
preschool program pursuant to this section shall keep an account	44149
of all funds used to operate the program in the same manner as the	44150
treasurer would any other funds of the district pursuant to this	44151
chapter.	44152

Sec. 3313.65. (A) As used in this section and section	44153
3313.64 of the Revised Code:	44154

(1) A person is "in a residential facility" if the person is	44155
a resident or a resident patient of an institution, home, or other	44156
residential facility that is:	44157

(a) Licensed as a nursing home, residential care facility, or	44158
home for the aging by the director of health under section 3721.02	44159
of the Revised Code;	44160

(b) Maintained as a county home or district home by the board	44161
of county commissioners or a joint board of county commissioners	44162
under Chapter 5155. of the Revised Code;	44163

(c) Operated or administered by a board of alcohol, drug	44164
addiction, and mental health services under section 340.03 or	44165
~~340.06~~ of the Revised Code, or provides residential care pursuant	44166
to contracts made under section 340.03 ~~or 340.033~~ of the Revised	44167
Code;	44168

(d) Maintained as a state institution for the mentally ill	44169
under Chapter 5119. of the Revised Code;	44170

(e) Licensed by the department of ~~mental health~~mental health	44171
and addiction services under section ~~5119.20~~5119.33 or ~~5119.22~~	44172
5119.34 of the Revised Code;	44173

(f) Licensed as a residential facility by the department of	44174
developmental disabilities under section 5123.19 of the Revised	44175
Code;	44176

(g) Operated by the veteran's administration or another	44177
agency of the United States government;	44178

(h) Operated by the Ohio veterans' home.

44179

(2) A person is "in a correctional facility" if any of the	44180
following apply:	44181

(a) The person is an Ohio resident and is:

44182

(i) Imprisoned, as defined in section 1.05 of the Revised	44183
Code;	44184

(ii) Serving a term in a community-based correctional	44185
facility or a district community-based correctional facility;	44186

(iii) Required, as a condition of parole, a post-release	44187
control sanction, a community control sanction, transitional	44188
control, or early release from imprisonment, as a condition of	44189
shock parole or shock probation granted under the law in effect	44190
prior to July 1, 1996, or as a condition of a furlough granted	44191
under the version of section 2967.26 of the Revised Code in effect	44192
prior to March 17, 1998, to reside in a halfway house or other	44193
community residential center licensed under section 2967.14 of the	44194
Revised Code or a similar facility designated by the court of	44195
common pleas that established the condition or by the adult parole	44196
authority.	44197

(b) The person is imprisoned in a state correctional	44198
institution of another state or a federal correctional institution	44199
but was an Ohio resident at the time the sentence was imposed for	44200
the crime for which the person is imprisoned.	44201

(3) A person is "in a juvenile residential placement" if the	44202
person is an Ohio resident who is under twenty-one years of age	44203
and has been removed, by the order of a juvenile court, from the	44204
place the person resided at the time the person became subject to	44205
the court's jurisdiction in the matter that resulted in the	44206
person's removal.	44207

(4) "Community control sanction" has the same meaning as in	44208
section 2929.01 of the Revised Code.	44209

(5) "Post-release control sanction" has the same meaning as	44210
in section 2967.01 of the Revised Code.	44211

(B) If the circumstances described in division (C) of this	44212
section apply, the determination of what school district must	44213
admit a child to its schools and what district, if any, is liable	44214
for tuition shall be made in accordance with this section, rather	44215
than section 3313.64 of the Revised Code.	44216

(C) A child who does not reside in the school district in	44217
which the child's parent resides and for whom a tuition obligation	44218
previously has not been established under division (C)(2) of	44219
section 3313.64 of the Revised Code shall be admitted to the	44220
schools of the district in which the child resides if at least one	44221
of the child's parents is in a residential or correctional	44222
facility or a juvenile residential placement and the other parent,	44223
if living and not in such a facility or placement, is not known to	44224
reside in this state.	44225

(D) Regardless of who has custody or care of the child,	44226
whether the child resides in a home, or whether the child receives	44227
special education, if a district admits a child under division (C)	44228
of this section, tuition shall be paid to that district as	44229
follows:	44230

(1) If the child's parent is in a juvenile residential	44231
placement, by the district in which the child's parent resided at	44232
the time the parent became subject to the jurisdiction of the	44233
juvenile court;	44234

(2) If the child's parent is in a correctional facility, by	44235
the district in which the child's parent resided at the time the	44236
sentence was imposed;	44237

(3) If the child's parent is in a residential facility, by	44238
the district in which the parent resided at the time the parent	44239
was admitted to the residential facility, except that if the	44240
parent was transferred from another residential facility, tuition	44241
shall be paid by the district in which the parent resided at the	44242
time the parent was admitted to the facility from which the parent	44243
first was transferred;	44244

(4) In the event of a disagreement as to which school	44245
district is liable for tuition under division (C)(1), (2), or (3)	44246
of this section, the superintendent of public instruction shall	44247
determine which district shall pay tuition.	44248

(E) If a child covered by division (D) of this section	44249
receives special education in accordance with Chapter 3323. of the	44250
Revised Code, the tuition shall be paid in accordance with section	44251
3323.13 or 3323.14 of the Revised Code. Tuition for children who	44252
do not receive special education shall be paid in accordance with	44253
division (J) of section 3313.64 of the Revised Code.	44254

Sec. 3313.714. (A) As used in this section:

44255

(1) "Board of education" means the board of education of a	44256
city, local, exempted village, or joint vocational school	44257
district.	44258

(2) "Healthcheck" means the early and periodic screening,	44259
diagnosis, and treatment program, a component of the ~~medical~~	44260
~~assistance~~medicaid program ~~established under Title XIX of the~~	44261
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as~~	44262
~~amended, and Chapter 5111. of the Revised Code~~.	44263

(3) "Pupil" means a person under age twenty-two enrolled in	44264
the schools of a city, local, exempted village, or joint	44265
vocational school district.	44266

(4) "Parent" means either parent with the following	44267
exceptions:	44268

(a) If one parent has custody by court order, "parent" means	44269
the parent with custody.	44270

(b) If neither parent has legal custody, "parent" means the	44271
person or government entity with legal custody.	44272

(c) The child's legal guardian or a person who has accepted	44273
responsibility for the health, safety, and welfare of the child.	44274

(B) At the request of the department of ~~job and family~~	44275
~~services~~medicaid, a board of education shall establish and	44276
conduct a healthcheck program for pupils enrolled in the schools	44277
of the district who are medicaid recipients ~~of medical assistance~~	44278
~~under Chapter 5111. of the Revised Code~~. At the request of a board	44279
of education, the department may authorize the board to establish	44280
a healthcheck program. A board that establishes a healthcheck	44281
program shall enter into a ~~medical assistance~~medicaid provider	44282
agreement with the department.	44283

A healthcheck program established by a board of education	44284
shall be conducted in accordance with rules adopted by the	44285
medicaid director ~~of job and family services~~ under division (F) of	44286
this section. The healthcheck program shall include all of the	44287
following components:	44288

(1) A comprehensive health and development history;

44289

(2) A comprehensive physical examination;

44290

(3) A developmental assessment;

44291

(4) A nutritional assessment;

44292

(5) A vision assessment;

44293

(6) A hearing assessment;

44294

(7) An immunization assessment;

44295

(8) Lead screening and laboratory tests ordered by a doctor	44296
of medicine or osteopathic medicine as part of one of the other	44297
components;	44298

(9) Such other assessment as may be required by the	44299
department of ~~job and family services~~medicaid in accordance with	44300
the requirements of the healthcheck program.	44301

All services included in a board of education's healthcheck	44302
program that the board provided under sections 3313.67, 3313.673,	44303
3313.68, 3313.69, and 3313.71 of the Revised Code during the	44304
1990-1991 school year shall continue to be provided to ~~medical~~	44305
~~assistance~~medicaid recipients by the board pursuant to those	44306
sections. The services shall be considered part of the healthcheck	44307
program for medicaid recipients ~~of medical assistance~~, and the	44308
board shall be eligible for ~~reimbursement~~payment from the ~~state~~	44309
department in accordance with this division for providing the	44310
services.	44311

The department shall ~~reimburse~~pay boards of education for	44312
healthcheck program services provided under this division at the	44313
rates paid under the ~~medical assistance~~medicaid program to	44314
physicians, dentists, nurses, and other providers of healthcheck	44315
services.	44316

(C) Each board of education that conducts a healthcheck	44317
program shall determine for each pupil enrolled in the schools of	44318
the district whether the pupil is a ~~medical assistance~~medicaid	44319
recipient. The department of ~~job and family services~~medicaid and	44320
county departments of ~~human services~~job and family services shall	44321
assist the board in making these determinations. Except as	44322
necessary to carry out the purposes of this section, all	44323
information received by a board under this division shall be	44324
confidential.	44325

Before the first day of October of each year, each board that	44326
conducts a healthcheck program shall send the parent of each pupil	44327
who is under age eighteen and a medicaid recipient ~~of medical~~	44328
~~assistance~~ notice that the pupil will be examined under the	44329
district's healthcheck program unless the parent notifies the	44330
board that the parent denies consent for the examination. The	44331
notice shall include a form to be used by the parent to indicate	44332
that the parent denies consent. The denial shall be effective only	44333
if the form is signed by the parent and returned to the board or	44334
the school in which the pupil is enrolled. If the parent does not	44335
return a signed form indicating denial of consent within two weeks	44336
after the date the notice is sent, the school district and the	44337
department of ~~job and family services~~medicaid shall deem the	44338
parent to have consented to examination of the parent's child	44339
under the healthcheck program. In the case of a pupil age eighteen	44340
or older, the notice shall be given to the pupil, and the school	44341
district and the department of ~~job and family services~~medicaid	44342
shall deem the pupil to have consented to examination unless the	44343
pupil returns the signed form indicating the pupil's denial of	44344
consent.	44345

(D)(1) As used in this division:

44346

(a) "Nonfederal share" means the portion of expenditures for	44347
services that is required under the ~~medical assistance~~medicaid	44348
program to be paid for with state or local government funds.	44349

(b) "Federal financial participation" means the portion of	44350
expenditures for services that is ~~reimbursed~~payable under the	44351
~~medical assistance~~medicaid program with federal funds.	44352

(2) At the request of a board of education, the state	44353
department may enter into an agreement with the board under which	44354
the board provides medical services to a medicaid recipient of	44355
~~medical assistance~~ that are ~~reimbursable~~payable under the ~~medical~~	44356
~~assistance~~medicaid program but not under the healthcheck program.	44357
The agreement may be for a term specified in the agreement and	44358
renewable by mutual consent of the board and the department, or	44359
may continue in force as long as agreeable to the board and the	44360
department.	44361

The board shall use state or local funds of the district to	44362
pay the nonfederal share of expenditures for services provided	44363
under this division. Prior to entering into or renewing an	44364
agreement and at any other time requested by the department while	44365
the agreement is in force, the board shall certify to the	44366
department in accordance with the rules adopted under division (F)	44367
of this section that it will have sufficient state or local funds	44368
to pay the nonfederal share of expenditures under this division.	44369
If the board fails to make the certification, the department shall	44370
not enter into or renew the agreement. If an agreement has been	44371
entered into, it shall be void unless the board makes the	44372
certification not later than fifteen days after receiving notice	44373
from the department that the certification is due. The board shall	44374
report to the department, in accordance with the rules, the amount	44375
of state or local funds it spends to provide services under this	44376
division.	44377

The department shall ~~reimburse~~pay the board the federal	44378
financial participation allowed for the board's expenditures for	44379
services under this division. The total of the nonfederal share	44380
spent by the board and the federal financial participation	44381
~~reimbursed~~paid by the department for a service rendered under	44382
this division shall be an amount agreed to by the board and the	44383
department, but shall not exceed the maximum ~~reimbursable~~payable	44384
amount for that service under rules adopted ~~by the director of job~~	44385
~~and family services~~ under ~~Chapter 5111.~~section 5164.02 of the	44386
Revised Code. The rules adopted under division (F) of this section	44387
shall include procedures under which the department will recover	44388
from a board overpayments and subsequent federal audit	44389
disallowances of federal financial participation ~~reimbursed~~paid	44390
by the department.	44391

(E) A board of education shall provide services under	44392
division (D) of this section and under its healthcheck program as	44393
provided in division (E)(1), (2), or (3) of this section:	44394

(1) By having the services performed by physicians, dentists,	44395
and nurses employed by the board;	44396

(2) By contracting with physicians, dentists, nurses, and	44397
other providers of services who have ~~medical assistance~~medicaid	44398
provider agreements with the department of ~~job and family services~~	44399
medicaid;	44400

(3) By having some of the services performed by persons	44401
described in division (E)(1) of this section and others performed	44402
by persons described in division (E)(2) of this section.	44403

(F) The medicaid director ~~of job and family services~~ shall	44404
adopt rules in accordance with Chapter 119. of the Revised Code	44405
governing healthcheck programs conducted under this section and	44406
services provided under division (D) of this section.	44407

Sec. 3313.715. The board of education of a school district	44408
may request from the director of developmental disabilities the	44409
appropriate identification numbers for all students residing in	44410
the district who are ~~medical assistance~~medicaid recipients ~~under~~	44411
~~Chapter 5111. of the Revised Code~~. The director shall furnish such	44412
numbers upon receipt of lists of student names furnished by the	44413
district board, in such form as the director may require.	44414

The medicaid director ~~of job and family services~~ shall	44415
provide the director of developmental disabilities with the data	44416
necessary for compliance with this section.	44417

Section 3319.321 of the Revised Code does not apply to the	44418
release of student names or other data to the director of	44419
developmental disabilities for the purposes of this section.	44420
Chapter 1347. of the Revised Code does not apply to information	44421
required to be kept by a school board or the departments of ~~job~~	44422
~~and family services~~medicaid or developmental disabilities to the	44423
extent necessary to comply with this section and section 3313.714	44424
of the Revised Code. However, any such information or data shall	44425
be used only for the specific legal purposes of such boards and	44426
departments and shall not be released to any unauthorized person.	44427

Sec. 3313.83. (A)(1) For the purpose of pooling resources,	44428
operating more cost effectively, minimizing administrative	44429
overhead, encouraging the sharing of resource development, and	44430
diminishing duplication, the boards of education of two or more	44431
city, local, or exempted village school districts each having a	44432
majority of its territory in a county with a population greater	44433
than one million two hundred thousand, by adopting identical	44434
resolutions, may enter into an agreement providing for the	44435
creation of a regional student education district for the purpose	44436
of funding the following for students enrolled in those school	44437
districts, including students diagnosed as autistic and students	44438
with special needs, and their immediate family members:	44439

(a) Special education services;

44440

(b) Behavioral health services for persons with special	44441
needs.	44442

If more than eight boards of education adopt resolutions to	44443
form a regional student education district, the boards may meet at	44444
facilities of the educational service center of the county to	44445
discuss membership in the district.	44446

(2) The territory of a regional student education district at	44447
any time shall be composed of the combined territories of the	44448
school districts that are parties to the agreement at that time.	44449
Services funded by a regional student education district shall be	44450
available to all individuals enrolled in a school district that is	44451
a part of the regional student education district and members of	44452
their immediate family.	44453

(3) The agreement may be amended pursuant to terms and	44454
procedures mutually agreed to by the boards of education that are	44455
parties to the agreement.	44456

(B) Each regional student education district shall be	44457
governed by a board of directors. The superintendent of each board	44458
of education that is a party to the agreement shall serve on the	44459
board of directors. The agreement shall provide for the terms of	44460
office of directors. Directors shall receive no compensation, but	44461
shall be reimbursed, from the special fund of the regional student	44462
education district, for the reasonable and necessary expenses they	44463
incur in the performance of their duties for the district. The	44464
agreement shall provide for the conduct of the board's initial	44465
organizational meeting and for the frequency of subsequent	44466
meetings and quorum requirements. At its first meeting, the board	44467
shall designate from among its members a president and secretary	44468
in the manner provided in the agreement.	44469

The board of directors of a regional student education	44470
district is a body corporate and politic, is capable of suing and	44471
being sued, is capable of contracting within the limits of this	44472
section and the agreement governing the district, and is capable	44473
of accepting gifts, donations, bequests, or other grants of money	44474
for use in paying its expenses. The district is a public office	44475
and its directors are public officials within the meaning of	44476
section 117.01 of the Revised Code, the board of directors is a	44477
public body within the meaning of section 121.22 of the Revised	44478
Code, and records of the board and of the district are public	44479
records within the meaning of section 149.43 of the Revised Code.	44480

The agreement shall require the board to designate a	44481
permanent location for its offices and meeting place, and may	44482
provide for the use of such facilities and property for the	44483
provision of services by the agencies with which the board	44484
contracts under division (C) of this section.	44485

(C)(1) To provide the services identified in division (A)(1)	44486
of this section, the board of directors of a regional student	44487
education district shall provide for the hiring of employees or	44488
shall contract with one or more entities. Except as provided in	44489
division (C)(2) of this section, any entity with which the board	44490
of directors contracts to provide the services identified in	44491
division (A)(1)(b) of this section shall be a qualified nonprofit,	44492
nationally accredited agency to which both of the following apply:	44493

(a) The agency is licensed or certified by the departments of	44494
~~mental health,~~mental health and addiction services and job and	44495
family services~~, and alcohol and drug addiction services~~.	44496

(b) The agency provides school-based behavioral health	44497
services.	44498

(2) The board of directors may contract with an entity that	44499
does not meet the conditions stated in division (C)(1) of this	44500
section if the services to be provided by the entity are only	44501
incidental to the services identified in division (A)(1)(b) of	44502
this section.	44503

(3) The board of directors may levy a tax throughout the	44504
district as provided in section 5705.2111 of the Revised Code. The	44505
board of directors shall provide for the creation of a special	44506
fund to hold the proceeds of any tax levied under section	44507
5705.2111 of the Revised Code and any gifts, donations, bequests,	44508
or other grants of money coming into the possession of the	44509
district. A regional student education district is a subdivision,	44510
and the board of directors is a governing body, within the meaning	44511
of section 135.01 of the Revised Code. The board of directors may	44512
not issue securities or otherwise incur indebtedness.	44513

(4) The adoption or rejection by electors of a tax levy to	44514
fund a regional student education district pursuant to section	44515
5705.2111 of the Revised Code does not alter the duty of each	44516
school district member of the regional student education district	44517
to provide special education and related services as required	44518
under Chapter 3323. of the Revised Code. On the expiration of a	44519
regional student education district levy, the state, member school	44520
districts of the regional student education district, and any	44521
other governmental entity shall not be obligated to provide	44522
replacement funding for the revenues under the expired levy. The	44523
tax levy, in whole or in part, shall not be considered a levy for	44524
current operating expenses pursuant to division (A) of section	44525
3317.01 of the Revised Code for any of the school districts that	44526
are members of the regional student education district.	44527

(D)(1) The agreement shall provide for the manner of	44528
appointing an individual or entity to perform the duties of fiscal	44529
officer of the regional student education district. The agreement	44530
shall specify the length of time the individual or entity shall	44531
perform those duties and whether the individual or entity may be	44532
reappointed upon the completion of a term. The fiscal officer may	44533
receive compensation for performing the duties of the position and	44534
be reimbursed for reasonable expenses of performing those duties	44535
from the regional student education district's special fund.	44536

(2) The legal advisor of the board of directors of a regional	44537
student education district shall be the prosecuting attorney of	44538
the most populous county containing a school district that is a	44539
member of the regional student education district. The prosecuting	44540
attorney shall prosecute all actions against a member of the board	44541
of directors for malfeasance or misfeasance in office and shall be	44542
the legal counsel for the board and its members in all other	44543
actions brought by or against them and shall conduct those actions	44544
in the prosecuting attorney's official capacity. No compensation	44545
in addition to the prosecuting attorney's regular salary shall be	44546
allowed.	44547

(E) The board of directors of a regional student education	44548
district shall procure a policy or policies of insurance insuring	44549
the board, the fiscal officer, and the legal representative	44550
against liability on account of damage or injury to persons and	44551
property. Before procuring such insurance the board shall adopt a	44552
resolution setting forth the amount of insurance to be purchased,	44553
the necessity of the insurance, and a statement of its estimated	44554
premium cost. Insurance procured pursuant to this section shall be	44555
from one or more recognized insurance companies authorized to do	44556
business in this state. The cost of the insurance shall be paid	44557
from the district's special fund.	44558

A regional student education district is a political	44559
subdivision within the meaning of section 2744.01 of the Revised	44560
Code.	44561

(F)(1) The board of education of a school district having a	44562
majority of its territory in the county may join an existing	44563
regional student education district by adopting a resolution	44564
requesting to join as a party to the agreement and upon approval	44565
by the boards of education that currently are parties to the	44566
agreement. If a tax is levied in the regional student education	44567
district under section 5705.2111 of the Revised Code, a board of	44568
education may join the district only after a majority of qualified	44569
electors in the school district voting on the question vote in	44570
favor of levying the tax throughout the school district. A board	44571
of education joining an existing district shall have the same	44572
powers, rights, and obligations under the agreement as other	44573
boards of education that are parties to the agreement.	44574

(2) A board of education that is a party to an agreement	44575
under this section may withdraw the school district from a	44576
regional student education district by adopting a resolution. The	44577
withdrawal shall take effect on the date provided in the	44578
resolution. If a tax is levied in the regional student education	44579
district under section 5705.2111 of the Revised Code, the	44580
resolution shall take effect not later than the first day of	44581
January following adoption of the resolution. Beginning with the	44582
first day of January following adoption of the resolution, any tax	44583
levied under section 5705.2111 of the Revised Code shall not be	44584
levied within the territory of the withdrawing school district.	44585
Any collection of tax levied in the territory of the withdrawing	44586
school district under that section that has not been settled and	44587
distributed when the resolution takes effect shall be credited to	44588
the district's special fund.	44589

(G) An agreement entered into under this section shall	44590
provide for the manner of the regional student education	44591
district's dissolution. The district shall cease to exist when not	44592
more than one school district remains in the district, and the	44593
levy of any tax under section 5705.2111 of the Revised Code shall	44594
not be extended on the tax lists in any tax year beginning after	44595
the dissolution of the district. The agreement shall provide that,	44596
upon dissolution of the district, any unexpended balance in the	44597
district's special fund shall be divided among the school	44598
districts that are parties to the agreement immediately before	44599
dissolution in proportion to the taxable valuation of taxable	44600
property in the districts, and credited to their respective	44601
general funds.	44602

Sec. 3313.841. The boards of education and governing boards	44603
of two or more city, local, joint vocational, or exempted village	44604
school districts or educational service centers may contract in	44605
accordance with the terms of this section for the sharing on a	44606
cooperative basis of the services of supervisory teachers, special	44607
instruction teachers, special education teachers, and other	44608
licensed personnel necessary to conduct approved cooperative	44609
classes for special education and related services and gifted	44610
education.	44611

The boards of two or more districts or service centers	44612
desiring to enroll students in such classes shall each adopt	44613
resolutions indicating such desire and designating one of the	44614
participating districts or service centers as the funding agent	44615
for purposes of this section. The district or service center	44616
designated as the funding agent shall enter into an employment	44617
contract with each licensed teacher whose services are to be	44618
shared among the participating districts and service centers. In	44619
turn, the funding agent shall enter into contracts with each of	44620
the districts and service centers which have adopted resolutions	44621
agreeing to participate in the cooperative program upon terms	44622
agreed to by all parties to such contract. Such contracts between	44623
districts and service centers shall set forth the services to be	44624
provided by the licensed teacher employed by the funding agent	44625
whose services are to be shared by the participating districts and	44626
service centers and the basis for computing the amounts to be paid	44627
for such services to the funding agent by the participating	44628
districts and service centers.	44629

For purposes of ~~division (B) of~~ section ~~3317.05~~3317.0213 of	44630
the Revised Code, the funding agent shall count all pupils	44631
enrolled in cooperative programs for pupils with disabilities as	44632
pupils enrolled in such programs in the funding agent district.	44633
Upon receipt of payment for such programs, the funding agent	44634
district shall credit the account of districts participating in	44635
the cooperative program for the amounts due under contracts	44636
entered into under the terms of this section in proportion to the	44637
number of resident students enrolled in the cooperative program	44638
from each participating district and service center.	44639

In determining the terms of the contract entered into by the	44640
funding agent district or service center and the participating	44641
districts and service centers, the superintendent of schools of	44642
each participating board of education and governing board shall	44643
serve as a committee which shall recommend such terms to such	44644
boards.	44645

Sec. 3313.843. (A) Notwithstanding division (D) of section	44646
3311.52 of the Revised Code, this section does not apply to any	44647
cooperative education school district.	44648

(B)(1) The board of education of each city, exempted village,	44649
or local school district with an average daily student enrollment	44650
of sixteen thousand or less, reported for the district on the most	44651
recent report card issued under section 3302.03 of the Revised	44652
Code, shall enter into an agreement with the governing board of an	44653
educational service center, under which the educational service	44654
center governing board will provide services to the district.	44655

(2) The board of education of a city, exempted village, or	44656
local school district with an average daily student enrollment of	44657
more than sixteen thousand may enter into an agreement with the	44658
governing board of an educational service center, under which the	44659
educational service center governing board will provide services	44660
to the district.	44661

(3) Services provided under an agreement entered into under	44662
division (B)(1) or (2) of this section shall be specified in the	44663
agreement, and may include any of the following: supervisory	44664
teachers; in-service and continuing education programs for	44665
district personnel; curriculum services; research and development	44666
programs; academic instruction for which the governing board	44667
employs teachers pursuant to section 3319.02 of the Revised Code;	44668
assistance in the provision of special accommodations and classes	44669
for students with disabilities; or any other services the district	44670
board and service center governing board agree can be better	44671
provided by the service center and are not provided under an	44672
agreement entered into under section 3313.845 of the Revised Code.	44673
Services included in the agreement shall be provided to the	44674
district in the manner specified in the agreement. The district	44675
board of education shall reimburse the educational service center	44676
governing board pursuant to ~~section 3317.11 of the Revised Code~~	44677
terms specified in the agreement entered into under this section.	44678

~~Beginning with the 2012-2013 school year, the board of any~~	44679
~~district described in division (B)(2) of this section may elect~~	44680
~~not to receive the supervisory services for which supervisory~~	44681
~~units are paid under division (B) of section 3317.11 of the~~	44682
~~Revised Code, provided that election is specified in the~~	44683
~~agreement.~~	44684

(C) Any agreement entered into pursuant to this section shall	44685
be filed with the department of education by the first day of July	44686
of the school year for which the agreement is in effect.	44687

(D)(1) An agreement for services from an educational service	44688
center entered into under this section may be terminated by the	44689
school district board of education, at its option, by notifying	44690
the governing board of the service center by March 1, 2012, or by	44691
the first day of January of any odd-numbered year thereafter, that	44692
the district board intends to terminate the agreement in that	44693
year, and that termination shall be effective on the thirtieth day	44694
of June of that year. The failure of a district board to notify an	44695
educational service center of its intent to terminate an agreement	44696
by March 1, 2012, shall result in renewal of the existing	44697
agreement for the following school year. Thereafter, the failure	44698
of a district board to notify an educational service center of its	44699
intent to terminate an agreement by the first day of January of an	44700
odd-numbered year shall result in renewal of the existing	44701
agreement for the following two school years.	44702

(2) If the school district that terminates an agreement for	44703
services under division (D)(1) of this section is also subject to	44704
the requirement of division (B)(1) of this section, the district	44705
board shall enter into a new agreement with any educational	44706
service center so that the new agreement is effective on the first	44707
day of July of that same year.	44708

(3) If all moneys owed by a school district to an educational	44709
service center under an agreement for services terminated under	44710
division (D)(1) of this section have been paid in full by the	44711
effective date of the termination, the governing board of the	44712
service center shall submit an affidavit to the department	44713
certifying that fact not later than fifteen days after the	44714
termination's effective date. Notwithstanding anything in the	44715
Revised Code to the contrary, until the department receives such	44716
an affidavit, it shall not make any payments to any other	44717
educational service center with which the district enters into an	44718
agreement under this section for services that the educational	44719
service center provides to the district.	44720

(E) An educational service center may apply to any state or	44721
federal agency for competitive grants. It may also apply to any	44722
private entity for additional funds.	44723

(F) Not later than January 1, 2014, each educational service	44724
center shall post on its web site a list of all of the services	44725
that it provides and the corresponding cost for each of those	44726
services.	44727

(G)(1) For purposes of this division, a school district's	44728
"total student count" means the average daily student enrollment	44729
reported on the most recent report card issued for the district	44730
pursuant to section 3302.03 of the Revised Code.	44731

(2) For purposes of calculating any state subsidy to be paid	44732
to an educational service center for services provided to a school	44733
district, the service center's student count shall be the sum of	44734
the total student counts of all the school districts with which	44735
the educational service center has entered into an agreement under	44736
this section.	44737

(3) When a district enters into a new agreement with a new	44738
educational service center, the department of education shall	44739
ensure that the state subsidy for services provided to the	44740
district is paid to the new educational service center and that	44741
the educational service center with which the district previously	44742
had an agreement is no longer paid a state subsidy for providing	44743
services to that district.	44744

Sec. 3313.845. The board of education of a city, exempted	44745
village, or local school district and the governing board of an	44746
educational service center may enter into an agreement under which	44747
the educational service center will provide services to the school	44748
district. Services provided under the agreement and the amount to	44749
be paid for such services shall be mutually agreed to by the	44750
district board of education and the service center governing	44751
board, and shall be specified in the agreement. Payment for	44752
services specified in the agreement shall be made pursuant to	44753
~~division (D) of section 3317.11 of the Revised Code and shall not~~	44754
~~include any deduction under division (B), (C), or (F) of that~~	44755
~~section~~the terms of that agreement. Any agreement entered into	44756
pursuant to this section shall be valid only if a copy is filed	44757
with the department of education.	44758

The authority granted under this section to the boards of	44759
education of city, exempted village, and local school districts is	44760
in addition to the authority granted to such boards under section	44761
3313.843 of the Revised Code.	44762

Sec. 3313.848. (A) As used in this section:

44763

(1) "Client" means a city, local, or exempted village school	44764
district, community school established under Chapter 3314. of the	44765
Revised Code, STEM school established under Chapter 3326. of the	44766
Revised Code, or political subdivision.	44767

(2) "Governing body" means the board of education of a school	44768
district, governing authority of a community school, governing	44769
body of a STEM school, or governing body of a political	44770
subdivision.	44771

(3) "Political subdivision" has the same meaning as used in	44772
section 3313.846 of the Revised Code.	44773

(4) "Service agreement" means an agreement that a client has	44774
entered into with an educational service center under section	44775
3313.843, 3313.844, 3313.845, 3313.846, or 3326.45 of the Revised	44776
Code and any subsequent amendment to that agreement.	44777

(B) If at the end of a fiscal year for which a service	44778
agreement is in effect any of the funds paid directly by a client	44779
to the educational service center under the agreement have not	44780
been expended, a client's governing body may elect to have the	44781
service center retain the unexpended funds for the purpose of	44782
applying them toward any payment the client will owe to the	44783
service center under a service agreement for the next fiscal year.	44784
The treasurer or fiscal officer of the client shall indicate on	44785
the client's end-of-year financial report that unexpended funds	44786
have been retained by the service center and the amount of those	44787
funds.	44788

(C) If the chief administrator of a client requests that the	44789
treasurer of an educational service center spend a portion of the	44790
client's funds retained under division (B) of this section for a	44791
purpose other than services specifically set forth under a service	44792
agreement and the treasurer fulfills that request, the treasurer	44793
shall keep a record of the expenditure and the purpose for which	44794
the expenditure was made. On at least an annual basis, or upon the	44795
request of the client's governing body or its treasurer or fiscal	44796
officer, the treasurer of the service center shall notify the	44797
client's treasurer or fiscal officer of the expenditures recorded	44798
under this division. The client's treasurer or fiscal officer	44799
shall include that information in the financial report made by the	44800
treasurer or fiscal officer at the next meeting of the client's	44801
governing body that occurs following receipt of the information.	44802

Sec. 3313.88. (A)(1) Prior to the first day of August of	44803
each school year, the board of education of any school district or	44804
the governing authority of any chartered nonpublic school may	44805
submit to the department of education a plan to require students	44806
to access and complete classroom lessons posted on the district's	44807
or nonpublic school's web portal or web site in order to make up	44808
days in that school year on which it is necessary to close schools	44809
for any of the reasons specified in division (B) of section	44810
3317.01 of the Revised Code in excess of the number of days	44811
permitted under sections 3313.48, 3313.481, and 3317.01 of the	44812
Revised Code.	44813

Prior to the first day of August of each school year, the	44814
governing authority of any community school established under	44815
Chapter 3314. that is not an internet- or computer-based community	44816
school, as defined in section 3314.02 of the Revised Code, may	44817
submit to the department a plan to require students to access and	44818
complete classroom lessons posted on the school's web portal or	44819
web site in order to make up days or hours in that school year on	44820
which it is necessary to close the school for any of the reasons	44821
specified in division ~~(L)~~(H)(4) of section 3314.08 of the Revised	44822
Code so that the school is in compliance with the minimum number	44823
of hours required under Chapter 3314. of the Revised Code.	44824

A plan submitted by a school district board or chartered	44825
nonpublic school governing authority shall provide for making up	44826
any number of days, up to a maximum of three days. A plan	44827
submitted by a community school governing authority shall provide	44828
for making up any number of hours, up to a maximum of the	44829
equivalent of three days. Provided the plan meets all requirements	44830
of this section, the department shall permit the board or	44831
governing authority to implement the plan for the applicable	44832
school year.	44833

(2) Each plan submitted under this section by a school	44834
district board of education shall include the written consent of	44835
the teachers' employee representative designated under division	44836
(B) of section 4117.04 of the Revised Code.	44837

(3) Each plan submitted under this section shall provide for	44838
the following:	44839

(a) Not later than the first day of November of the school	44840
year, each classroom teacher shall develop a sufficient number of	44841
lessons for each course taught by the teacher that school year to	44842
cover the number of make-up days or hours specified in the plan.	44843
The teacher shall designate the order in which the lessons are to	44844
be posted on the district's, community school's, or nonpublic	44845
school's web portal or web site in the event of a school closure.	44846
Teachers may be granted up to one professional development day to	44847
create lesson plans for those lessons.	44848

(b) To the extent possible and necessary, a classroom teacher	44849
shall update or replace, based on current instructional progress,	44850
one or more of the lesson plans developed under division (A)(3)(a)	44851
of this section before they are posted on the web portal or web	44852
site under division (A)(3)(c) of this section or distributed under	44853
division (B) of this section.	44854

(c) As soon as practicable after a school closure, a district	44855
or school employee responsible for web portal or web site	44856
operations shall make the designated lessons available to students	44857
on the district's, community school's, or nonpublic school's	44858
portal or site. A lesson shall be posted for each course that was	44859
scheduled to meet on the day or hours of the closure.	44860

(d) Each student enrolled in a course for which a lesson is	44861
posted on the portal or site shall be granted a two-week period	44862
from the date of posting to complete the lesson. The student's	44863
classroom teacher shall grade the lesson in the same manner as	44864
other lessons. The student may receive an incomplete or failing	44865
grade if the lesson is not completed on time.	44866

(e) If a student does not have access to a computer at the	44867
student's residence and the plan does not include blizzard bags	44868
under division (B) of this section, the student shall be permitted	44869
to work on the posted lessons at school after the student's school	44870
reopens. If the lessons were posted prior to the reopening, the	44871
student shall be granted a two-week period from the date of the	44872
reopening, rather than from the date of posting as otherwise	44873
required under division (A)(3)(d) of this section, to complete the	44874
lessons. The district board or community school or nonpublic	44875
school governing authority may provide the student access to a	44876
computer before, during, or after the regularly scheduled school	44877
day or may provide a substantially similar paper lesson in order	44878
to complete the lessons.	44879

(B)(1) In addition to posting classroom lessons online under	44880
division (A) of this section, the board of education of any school	44881
district or governing authority of any community or chartered	44882
nonpublic school may include in the plan distribution of "blizzard	44883
bags," which are paper copies of the lessons posted online.	44884

(2) If a school opts to use blizzard bags, teachers shall	44885
prepare paper copies in conjunction with the lessons to be posted	44886
online and update the paper copies whenever the teacher updates	44887
the online lesson plans.	44888

(3) The board of education of any school district or	44889
governing authority of any community or chartered nonpublic school	44890
that opts to use blizzard bags shall specify in the plan the	44891
method of distribution of blizzard bag lessons, which may include,	44892
but not be limited to, requiring distribution by a specific	44893
deadline or requiring distribution prior to anticipated school	44894
closure as directed by the superintendent of a school district or	44895
the principal, director, chief administrative officer, or the	44896
equivalent, of a school.	44897

(4) Students shall turn in completed lessons in accordance	44898
with division (A)(3)(d) of this section.	44899

(C)(1) No school district that implements a plan in	44900
accordance with this section shall be considered to have failed to	44901
comply with division (B) of section 3317.01 of the Revised Code	44902
with respect to the number of make-up days specified in the plan.	44903

(2) No community school that implements a plan in accordance	44904
with this section shall be considered to have failed to comply	44905
with the minimum number of hours required under Chapter 3314. of	44906
the Revised Code with respect to the number of make-up hours	44907
specified in the plan.	44908

Sec. 3313.978. (A) Annually by the first day of November,	44909
the superintendent of public instruction shall notify the pilot	44910
project school district of the number of initial scholarships that	44911
the state superintendent will be awarding in each of grades	44912
kindergarten through twelve.	44913

The state superintendent shall provide information about the	44914
scholarship program to all students residing in the district,	44915
shall accept applications from any such students until such date	44916
as shall be established by the state superintendent as a deadline	44917
for applications, and shall establish criteria for the selection	44918
of students to receive scholarships from among all those applying	44919
prior to the deadline, which criteria shall give preference to	44920
students from low-income families. The state superintendent shall	44921
notify students of their selection prior to the fifteenth day of	44922
January.	44923

(1) A student receiving a pilot project scholarship may	44924
utilize it at an alternative public school by notifying the	44925
district superintendent, at any time before the beginning of the	44926
school year, of the name of the public school in an adjacent	44927
school district to which the student has been accepted pursuant to	44928
section 3327.06 of the Revised Code.	44929

(2) A student may decide to utilize a pilot project	44930
scholarship at a registered private school in the district if all	44931
of the following conditions are met:	44932

(a) By the fifteenth day of February of the preceding school	44933
year, or at any time prior to the start of the school year, the	44934
parent makes an application on behalf of the student to a	44935
registered private school.	44936

(b) The registered private school notifies the parent and the	44937
state superintendent as follows that the student has been	44938
admitted:	44939

(i) By the fifteenth day of March of the preceding school	44940
year if the student filed an application by the fifteenth day of	44941
February and was admitted by the school pursuant to division (A)	44942
of section 3313.977 of the Revised Code;	44943

(ii) Within one week of the decision to admit the student if	44944
the student is admitted pursuant to division (C) of section	44945
3313.977 of the Revised Code.	44946

(c) The student actually enrolls in the registered private	44947
school to which the student was first admitted or in another	44948
registered private school in the district or in a public school in	44949
an adjacent school district.	44950

(B) The state superintendent shall also award in any school	44951
year tutorial assistance grants to a number of students equal to	44952
the number of students who receive scholarships under division (A)	44953
of this section. Tutorial assistance grants shall be awarded	44954
solely to students who are enrolled in the public schools of the	44955
district in a grade level covered by the pilot project. Tutorial	44956
assistance grants may be used solely to obtain tutorial assistance	44957
from a provider approved pursuant to division (D) of section	44958
3313.976 of the Revised Code.	44959

All students wishing to obtain tutorial assistance grants	44960
shall make application to the state superintendent by the first	44961
day of the school year in which the assistance will be used. The	44962
state superintendent shall award assistance grants in accordance	44963
with criteria the superintendent shall establish.	44964

(C)(1) In the case of basic scholarships for students in	44965
grades kindergarten through eight, the scholarship amount shall	44966
not exceed the lesser of the net tuition charges of the	44967
alternative school the scholarship recipient attends or ~~three~~	44968
~~thousand dollars before fiscal year 2007, three thousand four~~	44969
~~hundred fifty dollars in fiscal year 2007 through fiscal year~~	44970
~~2011, and~~ four thousand two hundred fifty dollars in fiscal year	44971
2012 and thereafter.	44972

In the case of basic scholarships for students in grades nine	44973
through twelve, the scholarship amount shall not exceed the lesser	44974
of the net tuition charges of the alternative school the	44975
scholarship recipient attends or ~~two thousand seven hundred~~	44976
~~dollars before fiscal year 2007, three thousand four hundred fifty~~	44977
~~dollars in fiscal year 2007 through fiscal year 2011, and~~ five	44978
thousand dollars in fiscal year 2012 and ~~thereafter~~fiscal year	44979
2013, and five thousand seven hundred dollars in fiscal year 2014	44980
and thereafter.	44981

The net tuition and fees charged to a student shall be the	44982
tuition amount specified by the alternative school minus all other	44983
financial aid, discounts, and adjustments received for the	44984
student. In cases where discounts are offered for multiple	44985
students from the same family, and not all students in the same	44986
family are scholarship recipients, the net tuition amount	44987
attributable to the scholarship recipient shall be the lowest net	44988
tuition to which the family is entitled.	44989

(2) The state superintendent shall provide for an increase in	44990
the basic scholarship amount in the case of any student who is a	44991
mainstreamed student with a disability and shall further increase	44992
such amount in the case of any separately educated student with a	44993
disability. Such increases shall take into account the	44994
instruction, related services, and transportation costs of	44995
educating such students.	44996

(3) In the case of tutorial assistance grants, the grant	44997
amount shall not exceed the lesser of the provider's actual	44998
charges for such assistance or:	44999

(a) Before fiscal year 2007, a percentage established by the	45000
state superintendent, not to exceed twenty per cent, of the amount	45001
of the pilot project school district's average basic scholarship	45002
amount;	45003

(b) In fiscal year 2007 and thereafter, four hundred dollars.

45004

(D)(1) Annually by the first day of November, the state	45005
superintendent shall estimate the maximum per-pupil scholarship	45006
amounts for the ensuing school year. The state superintendent	45007
shall make this estimate available to the general public at the	45008
offices of the district board of education together with the forms	45009
required by division (D)(2) of this section.	45010

(2) Annually by the fifteenth day of January, the chief	45011
administrator of each registered private school located in the	45012
pilot project district and the principal of each public school in	45013
such district shall complete a parental information form and	45014
forward it to the president of the board of education. The	45015
parental information form shall be prescribed by the department of	45016
education and shall provide information about the grade levels	45017
offered, the numbers of students, tuition amounts, achievement	45018
test results, and any sectarian or other organizational	45019
affiliations.	45020

(E)(1) Only for the purpose of administering the pilot	45021
project scholarship program, the department may request from any	45022
of the following entities the data verification code assigned	45023
under division (D)(2) of section 3301.0714 of the Revised Code to	45024
any student who is seeking a scholarship under the program:	45025

(a) The school district in which the student is entitled to	45026
attend school under section 3313.64 or 3313.65 of the Revised	45027
Code;	45028

(b) If applicable, the community school in which the student	45029
is enrolled;	45030

(c) The independent contractor engaged to create and maintain	45031
data verification codes.	45032

(2) Upon a request by the department under division (E)(1) of	45033
this section for the data verification code of a student seeking a	45034
scholarship or a request by the student's parent for that code,	45035
the school district or community school shall submit that code to	45036
the department or parent in the manner specified by the	45037
department. If the student has not been assigned a code, because	45038
the student will be entering kindergarten during the school year	45039
for which the scholarship is sought, the district shall assign a	45040
code to that student and submit the code to the department or	45041
parent by a date specified by the department. If the district does	45042
not assign a code to the student by the specified date, the	45043
department shall assign a code to the student.	45044

The department annually shall submit to each school district	45045
the name and data verification code of each student residing in	45046
the district who is entering kindergarten, who has been awarded a	45047
scholarship under the program, and for whom the department has	45048
assigned a code under this division.	45049

(3) The department shall not release any data verification	45050
code that it receives under division (E) of this section to any	45051
person except as provided by law.	45052

(F) Any document relative to the pilot project scholarship	45053
program that the department holds in its files that contains both	45054
a student's name or other personally identifiable information and	45055
the student's data verification code shall not be a public record	45056
under section 149.43 of the Revised Code.	45057

(G)(1) The department annually shall compile the scores	45058
attained by scholarship students enrolled in registered private	45059
schools on the assessments administered to the students pursuant	45060
to division (A)(11) of section 3313.976 of the Revised Code. The	45061
scores shall be aggregated as follows:	45062

(a) By school district, which shall include all scholarship	45063
students residing in the pilot project school district who are	45064
enrolled in a registered private school and were required to take	45065
an assessment pursuant to division (A)(11) of section 3313.976 of	45066
the Revised Code;	45067

(b) By registered private school, which shall include all	45068
scholarship students enrolled in that school who were required to	45069
take an assessment pursuant to division (A)(11) of section	45070
3313.976 of the Revised Code.	45071

(2) The department shall disaggregate the student performance	45072
data described in division (G)(1) of this section according to the	45073
following categories:	45074

(a) Grade level;

45075

(b) Race and ethnicity;

45076

45077

(d) Students who have participated in the scholarship program	45078
for three or more years;	45079

(e) Students who have participated in the scholarship program	45080
for more than one year and less than three years;	45081

(f) Students who have participated in the scholarship program	45082
for one year or less;	45083

(g) Economically disadvantaged students.

45084

(3) The department shall post the student performance data	45085
required under divisions (G)(1) and (2) of this section on its web	45086
site and shall include that data in the information about the	45087
scholarship program provided to students under division (A) of	45088
this section. In reporting student performance data under this	45089
division, the department shall not include any data that is	45090
statistically unreliable or that could result in the	45091
identification of individual students. For this purpose, the	45092
department shall not report performance data for any group that	45093
contains less than ten students.	45094

(4) The department shall provide the parent of each	45095
scholarship student enrolled in a registered private school with	45096
information comparing the student's performance on the assessments	45097
administered pursuant to division (A)(11) of section 3313.976 of	45098
the Revised Code with the average performance of similar students	45099
enrolled in the building operated by the pilot project school	45100
district that the scholarship student would otherwise attend. In	45101
calculating the performance of similar students, the department	45102
shall consider age, grade, race and ethnicity, gender, and	45103
socioeconomic status.	45104

Sec. 3313.98. Notwithstanding division (D) of section	45105
3311.19 and division (D) of section 3311.52 of the Revised Code,	45106
the provisions of this section and sections 3313.981 to 3313.983	45107
of the Revised Code that apply to a city school district do not	45108
apply to a joint vocational or cooperative education school	45109
district unless expressly specified.	45110

(A) As used in this section and sections 3313.981 to 3313.983	45111
of the Revised Code:	45112

(1) "Parent" means either of the natural or adoptive parents	45113
of a student, except under the following conditions:	45114

(a) When the marriage of the natural or adoptive parents of	45115
the student has been terminated by a divorce, dissolution of	45116
marriage, or annulment or the natural or adoptive parents of the	45117
student are living separate and apart under a legal separation	45118
decree and the court has issued an order allocating the parental	45119
rights and responsibilities with respect to the student, "parent"	45120
means the residential parent as designated by the court except	45121
that "parent" means either parent when the court issues a shared	45122
parenting decree.	45123

(b) When a court has granted temporary or permanent custody	45124
of the student to an individual or agency other than either of the	45125
natural or adoptive parents of the student, "parent" means the	45126
legal custodian of the child.	45127

(c) When a court has appointed a guardian for the student,	45128
"parent" means the guardian of the student.	45129

(2) "Native student" means a student entitled under section	45130
3313.64 or 3313.65 of the Revised Code to attend school in a	45131
district adopting a resolution under this section.	45132

(3) "Adjacent district" means a city, exempted village, or	45133
local school district having territory that abuts the territory of	45134
a district adopting a resolution under this section.	45135

(4) "Adjacent district student" means a student entitled	45136
under section 3313.64 or 3313.65 of the Revised Code to attend	45137
school in an adjacent district.	45138

(5) "Adjacent district joint vocational student" means an	45139
adjacent district student who enrolls in a city, exempted village,	45140
or local school district pursuant to this section and who also	45141
enrolls in a joint vocational school district that does not	45142
contain the territory of the district for which that student is a	45143
native student and does contain the territory of the city,	45144
exempted village, or local district in which the student enrolls.	45145

(6) "Formula amount" has the same meaning as in section	45146
3317.02 of the Revised Code.	45147

(7) ~~"Adjusted formula amount" means the sum of the formula~~	45148
~~amount plus the per pupil amount of the base funding supplements~~	45149
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	45150
~~Revised Code for fiscal year 2009.~~	45151

~~(8)~~ "Poverty line" means the poverty line established by the	45152
director of the United States office of management and budget as	45153
revised by the ~~director~~secretary of ~~the office of community~~	45154
health and human services in accordance with section 673(2) of the	45155
"Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A.	45156
9902, as amended.	45157

~~(9)~~(8) "IEP" has the same meaning as in section 3323.01 of	45158
the Revised Code.	45159

~~(10)~~(9) "Other district" means a city, exempted village, or	45160
local school district having territory outside of the territory of	45161
a district adopting a resolution under this section.	45162

~~(11)~~(10) "Other district student" means a student entitled	45163
under section 3313.64 or 3313.65 of the Revised Code to attend	45164
school in an other district.	45165

~~(12)~~(11) "Other district joint vocational student" means a	45166
student who is enrolled in any city, exempted village, or local	45167
school district and who also enrolls in a joint vocational school	45168
district that does not contain the territory of the district for	45169
which that student is a native student in accordance with a policy	45170
adopted under section 3313.983 of the Revised Code.	45171

(B)(1) The board of education of each city, local, and	45172
exempted village school district shall adopt a resolution	45173
establishing for the school district one of the following	45174
policies:	45175

(a) A policy that entirely prohibits the enrollment of	45176
students from adjacent districts or other districts, other than	45177
students for whom tuition is paid in accordance with section	45178
3317.08 of the Revised Code;	45179

(b) A policy that permits enrollment of students from all	45180
adjacent districts in accordance with policy statements contained	45181
in the resolution;	45182

(c) A policy that permits enrollment of students from all	45183
other districts in accordance with policy statements contained in	45184
the resolution.	45185

(2) A policy permitting enrollment of students from adjacent	45186
or from other districts, as applicable, shall provide for all of	45187
the following:	45188

(a) Application procedures, including deadlines for	45189
application and for notification of students and the	45190
superintendent of the applicable district whenever an adjacent or	45191
other district student's application is approved.	45192

(b) Procedures for admitting adjacent or other district	45193
applicants free of any tuition obligation to the district's	45194
schools, including, but not limited to:	45195

(i) The establishment of district capacity limits by grade	45196
level, school building, and education program;	45197

(ii) A requirement that all native students wishing to be	45198
enrolled in the district will be enrolled and that any adjacent or	45199
other district students previously enrolled in the district shall	45200
receive preference over first-time applicants;	45201

(iii) Procedures to ensure that an appropriate racial balance	45202
is maintained in the district schools.	45203

(C) Except as provided in section 3313.982 of the Revised	45204
Code, the procedures for admitting adjacent or other district	45205
students, as applicable, shall not include:	45206

(1) Any requirement of academic ability, or any level of	45207
athletic, artistic, or other extracurricular skills;	45208

(2) Limitations on admitting applicants because of	45209
disability, except that a board may refuse to admit a student	45210
receiving services under Chapter 3323. of the Revised Code, if the	45211
services described in the student's IEP are not available in the	45212
district's schools;	45213

(3) A requirement that the student be proficient in the	45214
English language;	45215

(4) Rejection of any applicant because the student has been	45216
subject to disciplinary proceedings, except that if an applicant	45217
has been suspended or expelled by the student's district for ten	45218
consecutive days or more in the term for which admission is sought	45219
or in the term immediately preceding the term for which admission	45220
is sought, the procedures may include a provision denying	45221
admission of such applicant.	45222

(D)(1) Each school board permitting only enrollment of	45223
adjacent district students shall provide information about the	45224
policy adopted under this section, including the application	45225
procedures and deadlines, to the superintendent and the board of	45226
education of each adjacent district and, upon request, to the	45227
parent of any adjacent district student.	45228

(2) Each school board permitting enrollment of other district	45229
students shall provide information about the policy adopted under	45230
this section, including the application procedures and deadlines,	45231
upon request, to the board of education of any other school	45232
district or to the parent of any student anywhere in the state.	45233

(E) Any school board shall accept all credits toward	45234
graduation earned in adjacent or other district schools by an	45235
adjacent or other district student or a native student.	45236

(F)(1) No board of education may adopt a policy discouraging	45237
or prohibiting its native students from applying to enroll in the	45238
schools of an adjacent or any other district that has adopted a	45239
policy permitting such enrollment, except that:	45240

(a) A district may object to the enrollment of a native	45241
student in an adjacent or other district in order to maintain an	45242
appropriate racial balance.	45243

(b) The board of education of a district receiving funds	45244
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	45245
may adopt a resolution objecting to the enrollment of its native	45246
students in adjacent or other districts if at least ten per cent	45247
of its students are included in the determination of the United	45248
States secretary of education made under section 20 U.S.C.A.	45249
238(a).	45250

(2) If a board objects to enrollment of native students under	45251
this division, any adjacent or other district shall refuse to	45252
enroll such native students unless tuition is paid for the	45253
students in accordance with section 3317.08 of the Revised Code.	45254
An adjacent or other district enrolling such students may not	45255
receive funding for those students in accordance with section	45256
3313.981 of the Revised Code.	45257

(G) The state board of education shall monitor school	45258
districts to ensure compliance with this section and the	45259
districts' policies. The board may adopt rules requiring uniform	45260
application procedures, deadlines for application, notification	45261
procedures, and record-keeping requirements for all school boards	45262
that adopt policies permitting the enrollment of adjacent or other	45263
district students, as applicable. If the state board adopts such	45264
rules, no school board shall adopt a policy that conflicts with	45265
those rules.	45266

(H) A resolution adopted by a board of education under this	45267
section that entirely prohibits the enrollment of students from	45268
adjacent and from other school districts does not abrogate any	45269
agreement entered into under section 3313.841 or 3313.92 of the	45270
Revised Code or any contract entered into under section 3313.90 of	45271
the Revised Code between the board of education adopting the	45272
resolution and the board of education of any adjacent or other	45273
district or prohibit these boards of education from entering into	45274
any such agreement or contract.	45275

(I) Nothing in this section shall be construed to permit or	45276
require the board of education of a city, exempted village, or	45277
local school district to exclude any native student of the	45278
district from enrolling in the district.	45279

Sec. 3313.981. (A) The state board of education shall adopt	45280
rules requiring all of the following:	45281

(1) The board of education of each city, exempted village,	45282
and local school district to annually report to the department of	45283
education all of the following:	45284

(a) The number of adjacent district or other district	45285
students, as applicable, and adjacent district or other district	45286
joint vocational students, as applicable, enrolled in the district	45287
and the number of native students enrolled in adjacent or other	45288
districts, in accordance with a policy adopted under division (B)	45289
of section 3313.98 of the Revised Code;	45290

(b) Each adjacent district or other district student's or	45291
adjacent district or other district joint vocational student's	45292
date of enrollment in the district;	45293

(c) The full-time equivalent number of adjacent district or	45294
other district students enrolled in ~~vocational~~each of the	45295
categories of career-technical education programs or classes	45296
described in ~~division (A) of~~ section 3317.014 of the Revised Code	45297
~~and the full-time equivalent number of such students enrolled in~~	45298
~~vocational education programs or classes described in division (B)~~	45299
~~of that section~~;	45300

(d) Each native student's date of enrollment in an adjacent	45301
or other district.	45302

(2) The board of education of each joint vocational school	45303
district to annually report to the department all of the	45304
following:	45305

(a) The number of adjacent district or other district joint	45306
vocational students, as applicable, enrolled in the district;	45307

(b) The full-time equivalent number of adjacent district or	45308
other district joint vocational students enrolled in ~~vocational~~	45309
each category of career-technical education programs or classes	45310
described in ~~division (A) of~~ section 3317.014 of the Revised Code	45311
~~and the full-time equivalent number of such students enrolled in~~	45312
~~vocational education programs or classes described in division (B)~~	45313
~~of that section~~;	45314

(c) For each adjacent district or other district joint	45315
vocational student, the city, exempted village, or local school	45316
district in which the student is also enrolled.	45317

(3) Prior to the first full school week in October each year,	45318
the superintendent of each city, local, or exempted village school	45319
district that admits adjacent district or other district students	45320
or adjacent district or other district joint vocational students	45321
in accordance with a policy adopted under division (B) of section	45322
3313.98 of the Revised Code to notify each adjacent or other	45323
district where those students are entitled to attend school under	45324
section 3313.64 or 3313.65 of the Revised Code of the number of	45325
the adjacent or other district's native students who are enrolled	45326
in the superintendent's district under the policy.	45327

The rules shall provide for the method of counting students	45328
who are enrolled for part of a school year in an adjacent or other	45329
district or as an adjacent district or other district joint	45330
vocational student.	45331

(B) From the payments made to a city, exempted village, or	45332
local school district under Chapter 3317. of the Revised Code and,	45333
if necessary, from the payments made to the district under	45334
sections 321.24 and 323.156 of the Revised Code, the department of	45335
education shall annually subtract both of the following:	45336

(1) An amount equal to the number of the district's native	45337
students reported under division (A)(1) of this section who are	45338
enrolled in adjacent or other school districts pursuant to	45339
policies adopted by such districts under division (B) of section	45340
3313.98 of the Revised Code multiplied by the ~~adjusted~~ formula	45341
amount;	45342

(2) The excess costs computed in accordance with division (E)	45343
of this section for any such native students receiving special	45344
education and related services in adjacent or other school	45345
districts or as an adjacent district or other district joint	45346
vocational student;	45347

(3) For the full-time equivalent number the formula amount of	45348
the district's native students reported under division (A)(1)(c)	45349
or (2)(b) of this section as enrolled in ~~vocational~~	45350
career-technical education programs or classes described in	45351
section 3317.014 of the Revised Code, an amount equal to ~~$5,732~~	45352
the formula amount times the applicable multiple prescribed by	45353
that section.	45354

(C) To the payments made to a city, exempted village, or	45355
local school district under Chapter 3317. of the Revised Code, the	45356
department of education shall annually add all of the following:	45357

(1) An amount equal to the ~~adjusted~~ formula amount multiplied	45358
by the remainder obtained by subtracting the number of adjacent	45359
district or other district joint vocational students from the	45360
number of adjacent district or other district students enrolled in	45361
the district, as reported under division (A)(1) of this section;	45362

(2) The excess costs computed in accordance with division (E)	45363
of this section for any adjacent district or other district	45364
students, except for any adjacent or other district joint	45365
vocational students, receiving special education and related	45366
services in the district;	45367

(3) For the full-time equivalent number of the adjacent or	45368
other district students who are not adjacent district or other	45369
district joint vocational students and are reported under division	45370
(A)(1)(c) of this section as enrolled in ~~vocational~~	45371
career-technical education programs or classes described in	45372
section 3317.014 of the Revised Code, an amount equal to ~~$5,732~~	45373
the formula amount times the applicable multiple prescribed by	45374
that section;	45375

(4) An amount equal to the number of adjacent district or	45376
other district joint vocational students reported under division	45377
(A)(1) of this section multiplied by an amount equal to twenty per	45378
cent of the ~~adjusted~~ formula amount.	45379

(D) To the payments made to a joint vocational school	45380
district under Chapter 3317. of the Revised Code, the department	45381
of education shall add, for each adjacent district or other	45382
district joint vocational student reported under division (A)(2)	45383
of this section, both of the following:	45384

(1) The ~~adjusted~~ formula amount;

45385

(2) An amount equal to the full-time equivalent number of	45386
students reported pursuant to division (A)(2)(b) of this section	45387
times ~~$5,732~~the formula amount times the applicable multiple	45388
prescribed by section 3317.014 of the Revised Code.	45389

(E)(1) A city, exempted village, or local school board	45390
providing special education and related services to an adjacent or	45391
other district student in accordance with an IEP shall, pursuant	45392
to rules of the state board, compute the excess costs to educate	45393
such student as follows:	45394

(a) Subtract the ~~adjusted~~ formula amount from the actual	45395
costs to educate the student;	45396

(b) From the amount computed under division (E)(1)(a) of this	45397
section subtract the amount of any funds received by the district	45398
under Chapter 3317. of the Revised Code to provide special	45399
education and related services to the student.	45400

(2) The board shall report the excess costs computed under	45401
this division to the department of education.	45402

(3) If any student for whom excess costs are computed under	45403
division (E)(1) of this section is an adjacent or other district	45404
joint vocational student, the department of education shall add	45405
the amount of such excess costs to the payments made under Chapter	45406
3317. of the Revised Code to the joint vocational school district	45407
enrolling the student.	45408

(F) As provided in division (D)(1)(b) of section 3317.03 of	45409
the Revised Code, no joint vocational school district shall count	45410
any adjacent or other district joint vocational student enrolled	45411
in the district in its formula ADM certified under section 3317.03	45412
of the Revised Code.	45413

(G) No city, exempted village, or local school district shall	45414
receive a payment under division (C) of this section for a	45415
student, and no joint vocational school district shall receive a	45416
payment under division (D) of this section for a student, if for	45417
the same school year that student is counted in the district's	45418
formula ADM certified under section 3317.03 of the Revised Code.	45419

(H) Upon request of a parent, and provided the board offers	45420
transportation to native students of the same grade level and	45421
distance from school under section 3327.01 of the Revised Code, a	45422
city, exempted village, or local school board enrolling an	45423
adjacent or other district student shall provide transportation	45424
for the student within the boundaries of the board's district,	45425
except that the board shall be required to pick up and drop off a	45426
nonhandicapped student only at a regular school bus stop	45427
designated in accordance with the board's transportation policy.	45428
Pursuant to rules of the state board of education, such board may	45429
reimburse the parent from funds received for pupil transportation	45430
under section 3317.0212 of the Revised Code, or other provisions	45431
of law, for the reasonable cost of transportation from the	45432
student's home to the designated school bus stop if the student's	45433
family has an income below the federal poverty line.	45434

Sec. 3314.015. (A) The department of education shall be	45435
responsible for the oversight of any and all sponsors of the	45436
community schools established under this chapter and shall provide	45437
technical assistance to schools and sponsors in their compliance	45438
with applicable laws and the terms of the contracts entered into	45439
under section 3314.03 of the Revised Code and in the development	45440
and start-up activities of those schools. In carrying out its	45441
duties under this section, the department shall do all of the	45442
following:	45443

(1) In providing technical assistance to proposing parties,	45444
governing authorities, and sponsors, conduct training sessions and	45445
distribute informational materials;	45446

(2) Approve entities to be sponsors of community schools;

45447

(3) Monitor and evaluate, as required under section 3314.016	45448
of the Revised Code, the effectiveness of any and all sponsors in	45449
their oversight of the schools with which they have contracted;	45450

(4) By December thirty-first of each year, issue a report to	45451
the governor, the speaker of the house of representatives, the	45452
president of the senate, and the chairpersons of the house and	45453
senate committees principally responsible for education matters	45454
regarding the effectiveness of academic programs, operations, and	45455
legal compliance and of the financial condition of all community	45456
schools established under this chapter and on the performance of	45457
community school sponsors;	45458

(5) From time to time, make legislative recommendations to	45459
the general assembly designed to enhance the operation and	45460
performance of community schools.	45461

(B)(1) Except as provided in sections 3314.021 and 3314.027	45462
of the Revised Code, no entity listed in division (C)(1) of	45463
section 3314.02 of the Revised Code shall enter into a preliminary	45464
agreement under division (C)(2) of section 3314.02 of the Revised	45465
Code until it has received approval from the department of	45466
education to sponsor community schools under this chapter and has	45467
entered into a written agreement with the department regarding the	45468
manner in which the entity will conduct such sponsorship. The	45469
department shall adopt in accordance with Chapter 119. of the	45470
Revised Code rules containing criteria, procedures, and deadlines	45471
for processing applications for such approval, for oversight of	45472
sponsors, for notifying a sponsor of noncompliance with applicable	45473
laws and administrative rules under division (F) of this section,	45474
for revocation of the approval of sponsors under division (C) of	45475
this section, and for entering into written agreements with	45476
sponsors. The rules shall require an entity to submit evidence of	45477
the entity's ability and willingness to comply with the provisions	45478
of division (D) of section 3314.03 of the Revised Code. The rules	45479
also shall require entities approved as sponsors on and after June	45480
30, 2005, to demonstrate a record of financial responsibility and	45481
successful implementation of educational programs. If an entity	45482
seeking approval on or after June 30, 2005, to sponsor community	45483
schools in this state sponsors or operates schools in another	45484
state, at least one of the schools sponsored or operated by the	45485
entity must be comparable to or better than the performance of	45486
Ohio schools in need of continuous improvement under section	45487
3302.03 of the Revised Code, as determined by the department.	45488

Subject to section 3314.016 of the Revised Code, an entity	45489
that sponsors community schools may enter into preliminary	45490
agreements and sponsor up to one hundred schools, provided each	45491
school and the contract for sponsorship meets the requirements of	45492
this chapter.	45493

(2) The state board of education shall determine, pursuant to	45494
criteria specified in rules adopted in accordance with Chapter	45495
119. of the Revised Code, whether the mission proposed to be	45496
specified in the contract of a community school to be sponsored by	45497
a state university board of trustees or the board's designee under	45498
division (C)(1)(e) of section 3314.02 of the Revised Code complies	45499
with the requirements of that division. Such determination of the	45500
state board is final.	45501

(3) The state board of education shall determine, pursuant to	45502
criteria specified in rules adopted in accordance with Chapter	45503
119. of the Revised Code, if any tax-exempt entity under section	45504
501(c)(3) of the Internal Revenue Code that is proposed to be a	45505
sponsor of a community school is an education-oriented entity for	45506
purpose of satisfying the condition prescribed in division	45507
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such	45508
determination of the state board is final.	45509

(C) If at any time the state board of education finds that a	45510
sponsor is not in compliance or is no longer willing to comply	45511
with its contract with any community school or with the	45512
department's rules for sponsorship, the state board or designee	45513
shall conduct a hearing in accordance with Chapter 119. of the	45514
Revised Code on that matter. If after the hearing, the state board	45515
or designee has confirmed the original finding, the department of	45516
education may revoke the sponsor's approval to sponsor community	45517
schools. In that case, the department's office of Ohio school	45518
sponsorship, established under section 3314.029 of the Revised	45519
Code, may assume the sponsorship of any schools with which the	45520
sponsor has contracted until the earlier of the expiration of two	45521
school years or until a new sponsor as described in division	45522
(C)(1) of section 3314.02 of the Revised Code is secured by the	45523
school's governing authority. The office of Ohio school	45524
sponsorship may extend the term of the contract in the case of a	45525
school for which it has assumed sponsorship under this division as	45526
necessary to accommodate the term of the department's	45527
authorization to sponsor the school specified in this division.	45528
Community schools sponsored under this division shall not apply to	45529
the limit on directly authorized community schools under division	45530
(A)(3) of section 3314.029 of the Revised Code. However, nothing	45531
in this division shall preclude a community school affected by	45532
this division from applying for sponsorship under that section.	45533

(D) The decision of the department to disapprove an entity	45534
for sponsorship of a community school or to revoke approval for	45535
such sponsorship under division (C) of this section, may be	45536
appealed by the entity in accordance with section 119.12 of the	45537
Revised Code.	45538

(E) The department shall adopt procedures for use by a	45539
community school governing authority and sponsor when the school	45540
permanently closes and ceases operation, which shall include at	45541
least procedures for data reporting to the department, handling of	45542
student records, distribution of assets in accordance with section	45543
3314.074 of the Revised Code, and other matters related to ceasing	45544
operation of the school.	45545

(F)(1) In lieu of revoking a sponsor's authority to sponsor	45546
community schools under division (C) of this section, if the	45547
department finds that a sponsor is not in compliance with	45548
applicable laws and administrative rules, the department shall	45549
declare in a written notice to the sponsor the specific laws or	45550
rules, or both, for which the sponsor is noncompliant. A sponsor	45551
notified under division (F)(1) of this section shall respond to	45552
the department not later than fourteen days after the notification	45553
with a plan to remedy the conditions for which the sponsor was	45554
found to be noncompliant. Not later than sixty days after	45555
receiving a notification of noncompliance from the department, the	45556
sponsor shall implement the compliance plan. If a sponsor does not	45557
respond to the department or implement a compliance plan by the	45558
deadlines prescribed by division (F)(1) of this section, the	45559
department shall declare in written notice to the school that the	45560
sponsor is in probationary status, and may limit the sponsor's	45561
ability to sponsor additional schools.	45562

(2) A sponsor that has been placed on probationary status	45563
under division (F)(1) of this section may apply to the department	45564
for its probationary status to be lifted. The application for a	45565
sponsor's probationary status to be lifted shall include evidence,	45566
occurring after the initial notification of noncompliance, of the	45567
sponsor's compliance with applicable laws and administrative	45568
rules. Not later than fourteen days after receiving an application	45569
from the sponsor, the department shall decide whether or not to	45570
remove the sponsor's probationary status.	45571

(G) In carrying out its duties under this chapter, the	45572
department shall not impose requirements on community schools or	45573
their sponsors that are not permitted by law or duly adopted	45574
rules.	45575

(H) This section applies to entities that sponsor conversion	45576
community schools and new start-up schools.	45577

Sec. 3314.017. (A) The state board of education shall	45578
prescribe by rules, adopted in accordance with Chapter 119. of the	45579
Revised Code, an academic performance rating and report card	45580
system that satisfies the requirements of this section for	45581
community schools that primarily serve students enrolled in	45582
dropout prevention and recovery programs as described in division	45583
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	45584
lieu of the system prescribed under sections 3302.03 and 3314.012	45585
of the Revised Code beginning with the 2012-2013 school year. Each	45586
such school shall comply with the testing and reporting	45587
requirements of the system as prescribed by the state board.	45588

(B) Nothing in this section shall at any time relieve a	45589
school from its obligations under the "No Child Left Behind Act of	45590
2001" to make "adequate yearly progress," as both that act and	45591
that term are defined in section 3302.01 of the Revised Code, or a	45592
school's amenability to the provisions of section 3302.04 or	45593
3302.041 of the Revised Code. The department shall continue to	45594
report each school's performance as required by the act and to	45595
enforce applicable sanctions under section 3302.04 or 3302.041 of	45596
the Revised Code.	45597

(C) The rules adopted by the state board shall prescribe the	45598
following performance indicators for the rating and report card	45599
system required by this section:	45600

(1) Graduation rate for each of the following student	45601
cohorts:	45602

(a) The number of students who graduate in four years or less	45603
with a regular high school diploma divided by the number of	45604
students who form the adjusted cohort for the graduating class;	45605

(b) The number of students who graduate in five years with a	45606
regular high school diploma divided by the number of students who	45607
form the adjusted cohort for the four-year graduation rate;	45608

(c) The number of students who graduate in six years with a	45609
regular high school diploma divided by the number of students who	45610
form the adjusted cohort for the four-year graduation rate;	45611

(d) The number of students who graduate in seven years with a	45612
regular high school diploma divided by the number of students who	45613
form the adjusted cohort for the four-year graduation rate;	45614

(e) The number of students who graduate in eight years with a	45615
regular high school diploma divided by the number of students who	45616
form the adjusted cohort for the four-year graduation rate.	45617

(2) The percentage of twelfth-grade students currently	45618
enrolled in the school who have attained the designated passing	45619
score on all of the applicable state high school achievement	45620
assessments required under division (B)(1) or (2) of section	45621
3301.0710 of the Revised Code and other students enrolled in the	45622
school, regardless of grade level, who are within three months of	45623
their twenty-second birthday and have attained the designated	45624
passing score on all of the applicable state high school	45625
achievement assessments by their twenty-second birthday;	45626

(3) Annual measurable objectives as defined in section	45627
3302.01 of the Revised Code;	45628

(4) Growth in student achievement in reading, or mathematics,	45629
or both as measured by separate nationally norm-referenced	45630
assessments that have developed appropriate standards for students	45631
enrolled in dropout prevention and recovery programs, adopted or	45632
approved by the state board.	45633

(D)(1) The state board's rules shall prescribe the expected	45634
performance levels and benchmarks for each of the indicators	45635
prescribed by division (C) of this section based on the data	45636
gathered by the department under division (F) of this section.	45637
Based on a school's level of attainment or nonattainment of the	45638
expected performance levels and benchmarks for each of the	45639
indicators, the department shall rate each school in one of the	45640
following categories:	45641

(a) Exceeds standards;

45642

(b) Meets standards;

45643

45644

(2) The state board's rules shall establish all of the	45645
following:	45646

(a) Not later than June 30, 2013, performance levels and	45647
benchmarks for the indicators described in divisions (C)(1) to (3)	45648
of this section;	45649

(b) Not later than December 31, 2014, both of the following:

45650

(i) Performance levels and benchmarks for the indicator	45651
described in division (C)(4) of this section;	45652

(ii) Standards for awarding a community school described in	45653
division (A)(4)(a) of section 3314.35 of the Revised Code an	45654
overall designation, which shall be calculated as follows:	45655

(I) Thirty per cent of the score shall be based on the	45656
indicators described in division (C)(1) of this section that are	45657
applicable to the school year for which the overall designation is	45658
granted.	45659

(II) Thirty per cent of the score shall be based on the	45660
indicators described in division (C)(4) of this section.	45661

(III) Twenty per cent of the score shall be based on the	45662
indicators described in division (C)(2) of this section.	45663

(IV) Twenty per cent of the score shall be based on the	45664
indicators described in division (C)(3) of this section.	45665

(3) If both of the indicators described in divisions (C)(1)	45666
and (2) of this section improve by ten per cent for two	45667
consecutive years, a school shall be rated asnot less than "meets	45668
standards."	45669

The rating and the relevant performance data for each school	45670
shall be posted on the department's web site, and a copy of the	45671
rating and data shall be provided to the governing authority of	45672
the community school.	45673

(E)(1) For the 2012-2013 school year, the department shall	45674
issue a report card including the following performance measures,	45675
but without a performance rating as described in divisions	45676
(D)(1)(a) to (c) of this section, for each community school	45677
described in division (A)(4)(a) of section 3314.35 of the Revised	45678
Code:	45679

(a) The graduation rates as described in divisions (C)(1)(a)	45680
to (c) of this section;	45681

(b) The percentage of twelfth-grade students and other	45682
students who have attained a designated passing score on high	45683
school achievement assessments as described in division (C)(2) of	45684
this section;	45685

(c) The statewide average for the graduation rates and	45686
assessment passage rates described in divisions (C)(1)(a) to (c)	45687
and (C)(2) of this section;	45688

(d) Annual measurable objectives described in division (C)(3)	45689
of this section.	45690

(2) For the 2013-2014 school year, the department shall issue	45691
a report card including the following performance measures for	45692
each community school described in division (A)(4) of section	45693
3314.35 of the Revised Code:	45694

(a) The graduation rates described in divisions (C)(1)(a) to	45695
(d) of this section, including a performance rating as described	45696
in divisions (D)(1)(a) to (c) of this section;	45697

(b) The percentage of twelfth-grade students and other	45698
students who have attained a designated passing score on high	45699
school achievement assessments as described in division (C)(2) of	45700
this section, including a performance rating as described in	45701
divisions (D)(1)(a) to (c) of this section;	45702

(c) Annual measurable objectives described in division (C)(3)	45703
of this section, including a performance rating as described in	45704
divisions (D)(1)(a) to (c) of this section;	45705

(d) Both of the following without an assigned rating:

45706

(i) Growth in annual student achievement in reading and	45707
mathematics described in division (C)(4) of this section, if	45708
available;	45709

(ii) Student outcome data, including postsecondary credit	45710
earned, nationally recognized career or technical certification,	45711
military enlistment, job placement, and attendance rate.	45712

(3) Beginning with the 2014-2015 school year, and annually	45713
thereafter, the department shall issue a report card for each	45714
community school described in division (A)(4)(a) of section	45715
3314.35 of the Revised Code that includes all of the following	45716
performance measures, including a performance rating for each	45717
measure as described in divisions (D)(1)(a) to (c) of this	45718
section:	45719

(a) The graduation rates as described in division (C)(1) of	45720
this section;	45721

(b) The percentage of twelfth-grade students and other	45722
students who have attained a designated passing score on high	45723
school achievement assessments as described in division (C)(2) of	45724
this section;	45725

(c) Annual measurable objectives described in division (C)(3)	45726
of this section, including a performance rating as described in	45727
divisions (D)(1)(a) to (c) of this section;	45728

(d) Growth in annual student achievement in reading and	45729
mathematics as described in division (C)(4) of this section;	45730

(e) An overall performance designation for the school	45731
calculated under rules adopted under division (D)(2) of this	45732
section.	45733

The department shall also include student outcome data,	45734
including postsecondary credit earned, nationally recognized	45735
career or technical certification, military enlistment, job	45736
placement, attendance rate, and progress on closing achievement	45737
gaps for each school. This information shall not be included in	45738
the calculation of a school's performance rating.	45739

(F) In developing the rating and report card system required	45740
by this section, during the 2012-2013 and 2013-2014 school years,	45741
the department shall gather and analyze data as determined	45742
necessary from each community school described in division	45743
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	45744
shall cooperate with the department by supplying requested data	45745
and administering required assessments, including sample	45746
assessments for purposes of measuring student achievement growth	45747
as described in division (C)(4) of this section. The department	45748
shall consult with stakeholder groups in performing its duties	45749
under this division.	45750

The department shall also identify one or more states that	45751
have established or are in the process of establishing similar	45752
academic performance rating systems for dropout prevention and	45753
recovery programs and consult with the departments of education of	45754
those states in developing the system required by this section.	45755

(G) Not later than December 31, 2014, the state board shall	45756
review the performance levels and benchmarks for performance	45757
indicators in the report card issued under this section and may	45758
revise them based on the data collected under division (F) of this	45759
section.	45760

Sec. 3314.029. This section establishes the Ohio school	45761
sponsorship program. The department of education shall establish	45762
an office of Ohio school sponsorship to perform the department's	45763
duties prescribed by this section.	45764

(A)(1) Notwithstanding anything to the contrary in this	45765
chapter, but subject to section 3314.20 of the Revised Code, any	45766
person, group of individuals, or entity may apply to the	45767
department for direct authorization to establish a community	45768
school and, upon approval of the application, may establish the	45769
school. Notwithstanding anything to the contrary in this chapter,	45770
the governing authority of an existing community school, upon the	45771
expiration or termination of its contract with the school's	45772
sponsor entered into under section 3314.03 of the Revised Code,	45773
may apply to the department for direct authorization to continue	45774
operating the school and, upon approval of the application, may	45775
continue to operate the school.	45776

Each application submitted to the department shall include	45777
the following:	45778

(a) Evidence that the applicant will be able to comply with	45779
division (C) of this section;	45780

(b) A statement indicating that the applicant agrees to	45781
comply with all applicable provisions of this chapter, including	45782
the requirement to be established as a nonprofit corporation or	45783
public benefit corporation in accordance with division (A)(1) of	45784
section 3314.03 of the Revised Code;	45785

(c) A statement attesting that no unresolved finding of	45786
recovery has been issued by the auditor of state against any	45787
person, group of individuals, or entity that is a party to the	45788
application and that no person who is party to the application has	45789
been a member of the governing authority of any community school	45790
that has permanently closed and against which an unresolved	45791
finding of recovery has been issued by the auditor of state. In	45792
the case of an application submitted by the governing authority of	45793
an existing community school, a person who is party to the	45794
application shall include each individual member of that governing	45795
authority.	45796

(d) A statement that the school will be nonsectarian in its	45797
programs, admission policies, employment practices, and all other	45798
operations, and will not be operated by a sectarian school or	45799
religious institution;	45800

(e) A statement of whether the school is to be created by	45801
converting all or part of an existing public school or educational	45802
service center building or is to be a new start-up school. If it	45803
is a converted public school or service center building, the	45804
statement shall include a specification of any duties or	45805
responsibilities of an employer that the board of education or	45806
service center governing board that operated the school or	45807
building before conversion is delegating to the governing	45808
authority of the community school with respect to all or any	45809
specified group of employees, provided the delegation is not	45810
prohibited by a collective bargaining agreement applicable to such	45811
employees.	45812

(f) A statement that the school's teachers will be licensed	45813
in the manner prescribed by division (A)(10) of section 3314.03 of	45814
the Revised Code;	45815

(g) A statement that the school will comply with all of the	45816
provisions of law enumerated in divisions (A)(11)(d) and (e) of	45817
section 3314.03 of the Revised Code and of division (A)(11)(h) of	45818
that section, if applicable;	45819

(h) A statement that the school's graduation and curriculum	45820
requirements will comply with division (A)(11)(f) of section	45821
3314.03 of the Revised Code;	45822

(i) A description of each of the following:

45823

(i) The school's mission and educational program, the	45824
characteristics of the students the school is expected to attract,	45825
the ages and grade levels of students, and the focus of the	45826
curriculum;	45827

(ii) The school's governing authority, which shall be in	45828
compliance with division (E) of section 3314.02 of the Revised	45829
Code;	45830

(iii) The school's admission and dismissal policies, which	45831
shall be in compliance with divisions (A)(5) and (6) of section	45832
3314.03 of the Revised Code;	45833

(iv) The school's business plan, including a five-year	45834
financial forecast;	45835

(v) In the case of an application to establish a community	45836
school, the applicant's resources and capacity to establish and	45837
operate the school;	45838

(vi) The school's academic goals to be achieved and the	45839
method of measurement that will be used to determine progress	45840
toward those goals, which shall include the statewide achievement	45841
assessments;	45842

(vii) The facilities to be used by the school and their	45843
locations;	45844

(viii) A description of the learning opportunities that will	45845
be offered to students including both classroom-based and	45846
nonclassroom-based learning opportunities that are in compliance	45847
with criteria for student participation established by the	45848
department under division ~~(L)~~(H)(2) of section 3314.08 of the	45849
Revised Code.	45850

(2) Subject to division (A)(3) of this section, the	45851
department shall approve each application, unless, within thirty	45852
days after receipt of the application, the department determines	45853
that the application does not satisfy the requirements of division	45854
(A)(1) of this section and provides the applicant a written	45855
explanation of the reasons for the determination. In that case,	45856
the department shall grant the applicant thirty days to correct	45857
the insufficiencies in the application. If the department	45858
determines that the insufficiencies have been corrected, it shall	45859
approve the application. If the department determines that the	45860
insufficiencies have not been corrected, it shall deny the	45861
application and provide the applicant with a written explanation	45862
of the reasons for the denial. The denial of an application may be	45863
appealed in accordance with section 119.12 of the Revised Code.	45864

(3) For each of five school years, beginning with the school	45865
year that begins in the calendar year in which this section takes	45866
effect, the department may approve up to twenty applications for	45867
community schools to be established or to continue operation under	45868
division (A) of this section; however, of the twenty applications	45869
that may be approved each school year, only up to five may be for	45870
the establishment of new schools.	45871

(4) Notwithstanding division (A)(2) of this section, the	45872
department may deny an application submitted by the governing	45873
authority of an existing community school, if a previous sponsor	45874
of that school did not renew its contract or terminated its	45875
contract with the school entered into under section 3314.03 of the	45876
Revised Code.	45877

(B) The department and the governing authority of each	45878
community school authorized under this section shall enter into a	45879
contract under section 3314.03 of the Revised Code.	45880
Notwithstanding division (A)(13) of that section, the contract	45881
with an existing community school may begin at any time during the	45882
academic year. The length of the initial contract of any community	45883
school under this section may be for any term up to five years.	45884
The contract may be renewed in accordance with division (E) of	45885
that section. The contract may provide for the school's governing	45886
authority to pay a fee for oversight and monitoring of the school	45887
that does not exceed three per cent of the total amount of	45888
payments for operating expenses that the school receives from the	45889
state.	45890

(C) The department may require a community school authorized	45891
under this section to post and file with the superintendent of	45892
public instruction a bond payable to the state or to file with the	45893
state superintendent a guarantee, which shall be used to pay the	45894
state any moneys owed by the community school in the event the	45895
school closes.	45896

(D) Except as otherwise provided in this section, a community	45897
school authorized under this section shall comply with all	45898
applicable provisions of this chapter. The department may take any	45899
action that a sponsor may take under this chapter to enforce the	45900
school's compliance with this division and the terms of the	45901
contract entered into under division (B) of this section.	45902

(E) Not later than December 31, 2012, and annually	45903
thereafter, the department shall issue a report on the program,	45904
including information about the number of community schools	45905
participating in the program and their compliance with the	45906
provisions of this chapter. In its fifth report, the department	45907
shall include a complete evaluation of the program and	45908
recommendations regarding the program's continuation. Each report	45909
shall be provided to the general assembly, in accordance with	45910
section 101.68 of the Revised Code, and to the governor.	45911

Sec. 3314.03. A copy of every contract entered into under	45912
this section shall be filed with the superintendent of public	45913
instruction. The department of education shall make available on	45914
its web site a copy of every approved, executed contract filed	45915
with the superintendent under this section.	45916

(A) Each contract entered into between a sponsor and the	45917
governing authority of a community school shall specify the	45918
following:	45919

(1) That the school shall be established as either of the	45920
following:	45921

(a) A nonprofit corporation established under Chapter 1702.	45922
of the Revised Code, if established prior to April 8, 2003;	45923

(b) A public benefit corporation established under Chapter	45924
1702. of the Revised Code, if established after April 8, 2003.	45925

(2) The education program of the school, including the	45926
school's mission, the characteristics of the students the school	45927
is expected to attract, the ages and grades of students, and the	45928
focus of the curriculum;	45929

(3) The academic goals to be achieved and the method of	45930
measurement that will be used to determine progress toward those	45931
goals, which shall include the statewide achievement assessments;	45932

(4) Performance standards by which the success of the school	45933
will be evaluated by the sponsor;	45934

(5) The admission standards of section 3314.06 of the Revised	45935
Code and, if applicable, section 3314.061 of the Revised Code;	45936

(6)(a) Dismissal procedures;

45937

(b) A requirement that the governing authority adopt an	45938
attendance policy that includes a procedure for automatically	45939
withdrawing a student from the school if the student without a	45940
legitimate excuse fails to participate in one hundred five	45941
consecutive hours of the learning opportunities offered to the	45942
student.	45943

(7) The ways by which the school will achieve racial and	45944
ethnic balance reflective of the community it serves;	45945

(8) Requirements for financial audits by the auditor of	45946
state. The contract shall require financial records of the school	45947
to be maintained in the same manner as are financial records of	45948
school districts, pursuant to rules of the auditor of state.	45949
Audits shall be conducted in accordance with section 117.10 of the	45950
Revised Code.	45951

(9) The facilities to be used and their locations;

45952

(10) Qualifications of teachers, including ~~the following:~~

45953

~~(a) A~~a requirement that the school's classroom teachers be	45954
licensed in accordance with sections 3319.22 to 3319.31 of the	45955
Revised Code, except that a community school may engage	45956
noncertificated persons to teach up to twelve hours per week	45957
pursuant to section 3319.301 of the Revised Code;	45958

~~(b) A requirement that each classroom teacher initially hired~~	45959
~~by the school on or after July 1, 2013, and employed to provide~~	45960
~~instruction in physical education hold a valid license issued~~	45961
~~pursuant to section 3319.22 of the Revised Code for teaching~~	45962
~~physical education~~.	45963

(11) That the school will comply with the following	45964
requirements:	45965

(a) The school will provide learning opportunities to a	45966
minimum of twenty-five students for a minimum of nine hundred	45967
twenty hours per school year.	45968

(b) The governing authority will purchase liability	45969
insurance, or otherwise provide for the potential liability of the	45970
school.	45971

(c) The school will be nonsectarian in its programs,	45972
admission policies, employment practices, and all other	45973
operations, and will not be operated by a sectarian school or	45974
religious institution.	45975

(d) The school will comply with sections 9.90, 9.91, 109.65,	45976
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	45977
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	45978
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	45979
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	45980
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	45981
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	45982
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	45983
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	45984
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	45985
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	45986
4123., 4141., and 4167. of the Revised Code as if it were a school	45987
district and will comply with section 3301.0714 of the Revised	45988
Code in the manner specified in section 3314.17 of the Revised	45989
Code.	45990

(e) The school shall comply with Chapter 102. and section	45991
2921.42 of the Revised Code.	45992

(f) The school will comply with sections 3313.61, 3313.611,	45993
and 3313.614 of the Revised Code, except that for students who	45994
enter ninth grade for the first time before July 1, 2010, the	45995
requirement in sections 3313.61 and 3313.611 of the Revised Code	45996
that a person must successfully complete the curriculum in any	45997
high school prior to receiving a high school diploma may be met by	45998
completing the curriculum adopted by the governing authority of	45999
the community school rather than the curriculum specified in Title	46000
XXXIII of the Revised Code or any rules of the state board of	46001
education. Beginning with students who enter ninth grade for the	46002
first time on or after July 1, 2010, the requirement in sections	46003
3313.61 and 3313.611 of the Revised Code that a person must	46004
successfully complete the curriculum of a high school prior to	46005
receiving a high school diploma shall be met by completing the	46006
Ohio core curriculum prescribed in division (C) of section	46007
3313.603 of the Revised Code, unless the person qualifies under	46008
division (D) or (F) of that section. Each school shall comply with	46009
the plan for awarding high school credit based on demonstration of	46010
subject area competency, adopted by the state board of education	46011
under division (J) of section 3313.603 of the Revised Code.	46012

(g) The school governing authority will submit within four	46013
months after the end of each school year a report of its	46014
activities and progress in meeting the goals and standards of	46015
divisions (A)(3) and (4) of this section and its financial status	46016
to the sponsor and the parents of all students enrolled in the	46017
school.	46018

(h) The school, unless it is an internet- or computer-based	46019
community school, will comply with section 3313.801 of the Revised	46020
Code as if it were a school district.	46021

(i) If the school is the recipient of moneys from a grant	46022
awarded under the federal race to the top program, Division (A),	46023
Title XIV, Sections 14005 and 14006 of the "American Recovery and	46024
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	46025
school will pay teachers based upon performance in accordance with	46026
section 3317.141 and will comply with section 3319.111 of the	46027
Revised Code as if it were a school district.	46028

(12) Arrangements for providing health and other benefits to	46029
employees;	46030

(13) The length of the contract, which shall begin at the	46031
beginning of an academic year. No contract shall exceed five years	46032
unless such contract has been renewed pursuant to division (E) of	46033
this section.	46034

(14) The governing authority of the school, which shall be	46035
responsible for carrying out the provisions of the contract;	46036

(15) A financial plan detailing an estimated school budget	46037
for each year of the period of the contract and specifying the	46038
total estimated per pupil expenditure amount for each such year.	46039
~~The plan shall specify for each year the base formula amount that~~	46040
~~will be used for purposes of funding calculations under section~~	46041
~~3314.08 of the Revised Code. This base formula amount for any year~~	46042
~~shall not exceed the formula amount defined under section 3317.02~~	46043
~~of the Revised Code. The plan may also specify for any year a~~	46044
~~percentage figure to be used for reducing the per pupil amount of~~	46045
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	46046
~~Code the school is to receive that year under section 3314.08 of~~	46047
~~the Revised Code.~~	46048

(16) Requirements and procedures regarding the disposition of	46049
employees of the school in the event the contract is terminated or	46050
not renewed pursuant to section 3314.07 of the Revised Code;	46051

(17) Whether the school is to be created by converting all or	46052
part of an existing public school or educational service center	46053
building or is to be a new start-up school, and if it is a	46054
converted public school or service center building, specification	46055
of any duties or responsibilities of an employer that the board of	46056
education or service center governing board that operated the	46057
school or building before conversion is delegating to the	46058
governing authority of the community school with respect to all or	46059
any specified group of employees provided the delegation is not	46060
prohibited by a collective bargaining agreement applicable to such	46061
employees;	46062

(18) Provisions establishing procedures for resolving	46063
disputes or differences of opinion between the sponsor and the	46064
governing authority of the community school;	46065

(19) A provision requiring the governing authority to adopt a	46066
policy regarding the admission of students who reside outside the	46067
district in which the school is located. That policy shall comply	46068
with the admissions procedures specified in sections 3314.06 and	46069
3314.061 of the Revised Code and, at the sole discretion of the	46070
authority, shall do one of the following:	46071

(a) Prohibit the enrollment of students who reside outside	46072
the district in which the school is located;	46073

(b) Permit the enrollment of students who reside in districts	46074
adjacent to the district in which the school is located;	46075

(c) Permit the enrollment of students who reside in any other	46076
district in the state.	46077

(20) A provision recognizing the authority of the department	46078
of education to take over the sponsorship of the school in	46079
accordance with the provisions of division (C) of section 3314.015	46080
of the Revised Code;	46081

(21) A provision recognizing the sponsor's authority to	46082
assume the operation of a school under the conditions specified in	46083
division (B) of section 3314.073 of the Revised Code;	46084

(22) A provision recognizing both of the following:

46085

(a) The authority of public health and safety officials to	46086
inspect the facilities of the school and to order the facilities	46087
closed if those officials find that the facilities are not in	46088
compliance with health and safety laws and regulations;	46089

(b) The authority of the department of education as the	46090
community school oversight body to suspend the operation of the	46091
school under section 3314.072 of the Revised Code if the	46092
department has evidence of conditions or violations of law at the	46093
school that pose an imminent danger to the health and safety of	46094
the school's students and employees and the sponsor refuses to	46095
take such action.	46096

(23) A description of the learning opportunities that will be	46097
offered to students including both classroom-based and	46098
non-classroom-based learning opportunities that is in compliance	46099
with criteria for student participation established by the	46100
department under division ~~(L)~~(H)(2) of section 3314.08 of the	46101
Revised Code;	46102

(24) The school will comply with sections 3302.04 and	46103
3302.041 of the Revised Code, except that any action required to	46104
be taken by a school district pursuant to those sections shall be	46105
taken by the sponsor of the school. However, the sponsor shall not	46106
be required to take any action described in division (F) of	46107
section 3302.04 of the Revised Code.	46108

(25) Beginning in the 2006-2007 school year, the school will	46109
open for operation not later than the thirtieth day of September	46110
each school year, unless the mission of the school as specified	46111
under division (A)(2) of this section is solely to serve dropouts.	46112
In its initial year of operation, if the school fails to open by	46113
the thirtieth day of September, or within one year after the	46114
adoption of the contract pursuant to division (D) of section	46115
3314.02 of the Revised Code if the mission of the school is solely	46116
to serve dropouts, the contract shall be void.	46117

(B) The community school shall also submit to the sponsor a	46118
comprehensive plan for the school. The plan shall specify the	46119
following:	46120

(1) The process by which the governing authority of the	46121
school will be selected in the future;	46122

(2) The management and administration of the school;

46123

(3) If the community school is a currently existing public	46124
school or educational service center building, alternative	46125
arrangements for current public school students who choose not to	46126
attend the converted school and for teachers who choose not to	46127
teach in the school or building after conversion;	46128

(4) The instructional program and educational philosophy of	46129
the school;	46130

(5) Internal financial controls.

46131

(C) A contract entered into under section 3314.02 of the	46132
Revised Code between a sponsor and the governing authority of a	46133
community school may provide for the community school governing	46134
authority to make payments to the sponsor, which is hereby	46135
authorized to receive such payments as set forth in the contract	46136
between the governing authority and the sponsor. The total amount	46137
of such payments for oversight and monitoring of the school shall	46138
not exceed three per cent of the total amount of payments for	46139
operating expenses that the school receives from the state.	46140

(D) The contract shall specify the duties of the sponsor	46141
which shall be in accordance with the written agreement entered	46142
into with the department of education under division (B) of	46143
section 3314.015 of the Revised Code and shall include the	46144
following:	46145

(1) Monitor the community school's compliance with all laws	46146
applicable to the school and with the terms of the contract;	46147

(2) Monitor and evaluate the academic and fiscal performance	46148
and the organization and operation of the community school on at	46149
least an annual basis;	46150

(3) Report on an annual basis the results of the evaluation	46151
conducted under division (D)(2) of this section to the department	46152
of education and to the parents of students enrolled in the	46153
community school;	46154

(4) Provide technical assistance to the community school in	46155
complying with laws applicable to the school and terms of the	46156
contract;	46157

(5) Take steps to intervene in the school's operation to	46158
correct problems in the school's overall performance, declare the	46159
school to be on probationary status pursuant to section 3314.073	46160
of the Revised Code, suspend the operation of the school pursuant	46161
to section 3314.072 of the Revised Code, or terminate the contract	46162
of the school pursuant to section 3314.07 of the Revised Code as	46163
determined necessary by the sponsor;	46164

(6) Have in place a plan of action to be undertaken in the	46165
event the community school experiences financial difficulties or	46166
closes prior to the end of a school year.	46167

(E) Upon the expiration of a contract entered into under this	46168
section, the sponsor of a community school may, with the approval	46169
of the governing authority of the school, renew that contract for	46170
a period of time determined by the sponsor, but not ending earlier	46171
than the end of any school year, if the sponsor finds that the	46172
school's compliance with applicable laws and terms of the contract	46173
and the school's progress in meeting the academic goals prescribed	46174
in the contract have been satisfactory. Any contract that is	46175
renewed under this division remains subject to the provisions of	46176
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	46177

(F) If a community school fails to open for operation within	46178
one year after the contract entered into under this section is	46179
adopted pursuant to division (D) of section 3314.02 of the Revised	46180
Code or permanently closes prior to the expiration of the	46181
contract, the contract shall be void and the school shall not	46182
enter into a contract with any other sponsor. A school shall not	46183
be considered permanently closed because the operations of the	46184
school have been suspended pursuant to section 3314.072 of the	46185
Revised Code.	46186

Sec. 3314.042. The governing authority of each community	46187
school shall comply with the standards for financial reporting	46188
adopted under division (B)(2) of section 3301.07 of the Revised	46189
Code.	46190

Sec. 3314.05. (A) The contract between the community school	46191
and the sponsor shall specify the facilities to be used for the	46192
community school and the method of acquisition. Except as provided	46193
in divisions (B)(3) and (4) of this section, no community school	46194
shall be established in more than one school district under the	46195
same contract.	46196

(B) Division (B) of this section shall not apply to internet-	46197
or computer-based community schools.	46198

(1) A community school may be located in multiple facilities	46199
under the same contract only if the limitations on availability of	46200
space prohibit serving all the grade levels specified in the	46201
contract in a single facility or division (B)(2), (3), or (4) of	46202
this section applies to the school. The school shall not offer the	46203
same grade level classrooms in more than one facility.	46204

(2) A community school may be located in multiple facilities	46205
under the same contract and, notwithstanding division (B)(1) of	46206
this section, may assign students in the same grade level to	46207
multiple facilities, as long as all of the following apply:	46208

(a) ~~The governing authority of the community school filed a~~	46209
~~copy of its contract with the school's sponsor under section~~	46210
~~3314.03 of the Revised Code with the superintendent of public~~	46211
~~instruction on or before May 15, 2008.~~	46212

~~(b) The school was not open for operation prior to July 1,~~	46213
~~2008.~~	46214

~~(c)~~ The governing authority has entered into and maintains a	46215
contract with an operator of the type described in division	46216
(A)(8)(b) of section 3314.02 of the Revised Code.	46217

~~(d)~~(b) The contract with that operator qualified the school	46218
to be established pursuant to division (A) of former section	46219
3314.016 of the Revised Code.	46220

~~(e)~~(c) The school's rating under section 3302.03 of the	46221
Revised Code does not fall below a combination of any of the	46222
following for two or more consecutive years:	46223

(i) A rating of "in need of continuous improvement" under	46224
section 3302.03 of the Revised Code, as that section existed prior	46225
to ~~the effective date of this section~~March 22, 2013;	46226

(ii) For the 2012-2013 and 2013-2014 school years, a rating	46227
of "C" for both the performance index score under division	46228
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	46229
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	46230
Code; or if the building serves only grades ten through twelve,	46231
the building received a grade of "C" for the performance index	46232
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of	46233
the Revised Code;	46234

(iii) For the 2014-2015 school year and for any school year	46235
thereafter, an overall grade of "C" under division (C)(3) of	46236
section 3302.03 of the Revised Code or an overall performance	46237
designation of "meets standards" under division (E)(3)(e) of	46238
section 3314.017 of the Revised Code.	46239

(3) A new start-up community school may be established in two	46240
school districts under the same contract if all of the following	46241
apply:	46242

(a) At least one of the school districts in which the school	46243
is established is a challenged school district;	46244

(b) The school operates not more than one facility in each	46245
school district and, in accordance with division (B)(1) of this	46246
section, the school does not offer the same grade level classrooms	46247
in both facilities; and	46248

(c) Transportation between the two facilities does not	46249
require more than thirty minutes of direct travel time as measured	46250
by school bus.	46251

In the case of a community school to which division (B)(3) of	46252
this section applies, if only one of the school districts in which	46253
the school is established is a challenged school district, that	46254
district shall be considered the school's primary location and the	46255
district in which the school is located for the purposes of	46256
division (A)(19) of section 3314.03 and divisions (C) and (H) of	46257
section 3314.06 of the Revised Code and for all other purposes of	46258
this chapter. If both of the school districts in which the school	46259
is established are challenged school districts, the school's	46260
governing authority shall designate one of those districts to be	46261
considered the school's primary location and the district in which	46262
the school is located for the purposes of those divisions and all	46263
other purposes of this chapter and shall notify the department of	46264
education of that designation.	46265

(4) A community school may be located in multiple facilities	46266
under the same contract and, notwithstanding division (B)(1) of	46267
this section, may assign students in the same grade level to	46268
multiple facilities, as long as both of the following apply:	46269

(a) The facilities are all located in the same county.

46270

(b) Either of the following conditions are satisfied:

46271

(i) The community school is sponsored by a board of education	46272
of a city, local, or exempted village school district having	46273
territory in the same county where the facilities of the community	46274
school are located;	46275

(ii) The community school is managed by an operator.

46276

In the case of a community school to which division (B)(4) of	46277
this section applies and that maintains facilities in more than	46278
one school district, the school's governing authority shall	46279
designate one of those districts to be considered the school's	46280
primary location and the district in which the school is located	46281
for the purposes of division (A)(19) of section 3314.03 and	46282
divisions (C) and (H) of section 3314.06 of the Revised Code and	46283
for all other purposes of this chapter and shall notify the	46284
department of that designation.	46285

(5) Any facility used for a community school shall meet all	46286
health and safety standards established by law for school	46287
buildings.	46288

(C) In the case where a community school is proposed to be	46289
located in a facility owned by a school district or educational	46290
service center, the facility may not be used for such community	46291
school unless the district or service center board owning the	46292
facility enters into an agreement for the community school to	46293
utilize the facility. Use of the facility may be under any terms	46294
and conditions agreed to by the district or service center board	46295
and the school.	46296

(D) Two or more separate community schools may be located in	46297
the same facility.	46298

(E) In the case of a community school that is located in	46299
multiple facilities, beginning July 1, 2012, the department shall	46300
assign a unique identification number to the school and to each	46301
facility maintained by the school. Each number shall be used for	46302
identification purposes only. Nothing in this division shall be	46303
construed to require the department to calculate the amount of	46304
funds paid under this chapter, or to compute any data required for	46305
the report cards issued under section 3314.012 of the Revised	46306
Code, for each facility separately. The department shall make all	46307
such calculations or computations for the school as a whole.	46308

Sec. 3314.06. The governing authority of each community	46309
school established under this chapter shall adopt admission	46310
procedures that specify the following:	46311

(A) That, except as otherwise provided in this section,	46312
admission to the school shall be open to any individual age five	46313
to twenty-two entitled to attend school pursuant to section	46314
3313.64 or 3313.65 of the Revised Code in a school district in the	46315
state.	46316

Additionally, except as otherwise provided in this section,	46317
admission to the school may be open on a tuition basis to any	46318
individual age five to twenty-two who is not a resident of this	46319
state. The school shall not receive state funds under section	46320
3314.08 of the Revised Code for any student who is not a resident	46321
of this state.	46322

An individual younger than five years of age may be admitted	46323
to the school in accordance with division (A)(2) of section	46324
3321.01 of the Revised Code.	46325

(B)(1) That admission to the school may be limited to	46326
students who have attained a specific grade level or are within a	46327
specific age group; to students that meet a definition of	46328
"at-risk," as defined in the contract; to residents of a specific	46329
geographic area within the district, as defined in the contract;	46330
or to separate groups of autistic students and nondisabled	46331
students, as authorized in section 3314.061 of the Revised Code	46332
and as defined in the contract.	46333

(2) For purposes of division (B)(1) of this section,	46334
"at-risk" students may include those students identified as gifted	46335
students under section 3324.03 of the Revised Code.	46336

(C) Whether enrollment is limited to students who reside in	46337
the district in which the school is located or is open to	46338
residents of other districts, as provided in the policy adopted	46339
pursuant to the contract.	46340

(D)(1) That there will be no discrimination in the admission	46341
of students to the school on the basis of race, creed, color,	46342
disability, or sex except that:	46343

(a) The governing authority may do either of the following	46344
for the purpose described in division (G) of this section:	46345

(i) Establish a single-gender school for either sex;

46346

(ii) Establish single-gender schools for each sex under the	46347
same contract, provided substantially equal facilities and	46348
learning opportunities are offered for both boys and girls. Such	46349
facilities and opportunities may be offered for each sex at	46350
separate locations.	46351

(b) The governing authority may establish a school that	46352
simultaneously serves a group of students identified as autistic	46353
and a group of students who are not disabled, as authorized in	46354
section 3314.061 of the Revised Code. However, unless the total	46355
capacity established for the school has been filled, no student	46356
with any disability shall be denied admission on the basis of that	46357
disability.	46358

(2) That upon admission of any student with a disability, the	46359
community school will comply with all federal and state laws	46360
regarding the education of students with disabilities.	46361

(E) That the school may not limit admission to students on	46362
the basis of intellectual ability, measures of achievement or	46363
aptitude, or athletic ability, except that a school may limit its	46364
enrollment to students as described in division (B) of this	46365
section.	46366

(F) That the community school will admit the number of	46367
students that does not exceed the capacity of the school's	46368
programs, classes, grade levels, or facilities.	46369

(G) That the purpose of single-gender schools that are	46370
established shall be to take advantage of the academic benefits	46371
some students realize from single-gender instruction and	46372
facilities and to offer students and parents residing in the	46373
district the option of a single-gender education.	46374

(H) That, except as otherwise provided under division (B) of	46375
this section or section 3314.061 of the Revised Code, if the	46376
number of applicants exceeds the capacity restrictions of division	46377
(F) of this section, students shall be admitted by lot from all	46378
those submitting applications, except preference shall be given to	46379
students attending the school the previous year and to students	46380
who reside in the district in which the school is located.	46381
Preference may be given to siblings of students attending the	46382
school the previous year.	46383

Notwithstanding divisions (A) to (H) of this section, in the	46384
event the racial composition of the enrollment of the community	46385
school is violative of a federal desegregation order, the	46386
community school shall take any and all corrective measures to	46387
comply with the desegregation order.	46388

Sec. 3314.072. The provisions of this section are enacted to	46389
promote the public health, safety, and welfare by establishing	46390
procedures under which the governing authorities of community	46391
schools established under this chapter will be held accountable	46392
for their compliance with the terms of the contracts they enter	46393
into with their school's sponsors and the law relating to the	46394
school's operation. Suspension of the operation of a school	46395
imposed under this section is intended to encourage the governing	46396
authority's compliance with the terms of the school's contract and	46397
the law and is not intended to be an alteration of the terms of	46398
that contract.	46399

(A) If a sponsor of a community school established under this	46400
chapter suspends the operation of that school pursuant to	46401
procedures set forth in this section, the governing authority	46402
shall not operate that school while the suspension is in effect.	46403
Any such suspension shall remain in effect until the sponsor	46404
notifies the governing authority that it is no longer in effect.	46405
The contract of a school of which operation is suspended under	46406
this section also may be subject to termination or nonrenewal	46407
under section 3314.07 of the Revised Code.	46408

(B) If at any time conditions at the school do not comply	46409
with a health and safety standard established by law for school	46410
buildings, the sponsor shall immediately suspend the operation of	46411
the school pursuant to procedures set forth in division (D) of	46412
this section. If the sponsor fails to take action to suspend the	46413
operation of a school to which this division applies, the	46414
department of education may take such action.	46415

(C)(1) For any of the reasons prescribed in division	46416
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	46417
sponsor of a community school established under this chapter may	46418
suspend the operation of the school only if it first issues to the	46419
governing authority notice of the sponsor's intent to suspend the	46420
operation of the contract. Such notice shall explain the reasons	46421
for the sponsor's intent to suspend operation of the contract and	46422
shall provide the school's governing authority with five business	46423
days to submit to the sponsor a proposal to remedy the conditions	46424
cited as reasons for the suspension.	46425

(2) The sponsor shall promptly review any proposed remedy	46426
timely submitted by the governing authority and either approve or	46427
disapprove the remedy. If the sponsor disapproves the remedy	46428
proposed by the governing authority, if the governing authority	46429
fails to submit a proposed remedy in the manner prescribed by the	46430
sponsor, or if the governing authority fails to implement the	46431
remedy as approved by the sponsor, the sponsor may suspend	46432
operation of the school pursuant to procedures set forth in	46433
division (D) of this section.	46434

(D)(1) If division (B) of this section applies or if the	46435
sponsor of a community school established under this chapter	46436
decides to suspend the operation of a school as permitted in	46437
division (C)(2) of this section, the sponsor shall promptly send	46438
written notice to the governing authority stating that the	46439
operation of the school is immediately suspended, and explaining	46440
the specific reasons for the suspension. The notice shall state	46441
that the governing authority has five business days to submit a	46442
proposed remedy to the conditions cited as reasons for the	46443
suspension or face potential contract termination.	46444

(2) Upon receipt of the notice of suspension prescribed under	46445
division (D)(1) of this section, the governing authority shall	46446
immediately notify the employees of the school and the parents of	46447
the students enrolled in the school of the suspension and the	46448
reasons therefore, and shall cease all school operations on the	46449
next business day.	46450

(E) If the sponsor of a community school suspends the	46451
operation of that school pursuant to procedures set forth in this	46452
section, the school's contract with the sponsor under section	46453
3314.03 of the Revised Code shall become void, if the governing	46454
authority of the school fails to provide a proposal to remedy the	46455
conditions cited by the sponsor as reasons for the suspension, to	46456
the satisfaction of the sponsor, by the thirtieth day of September	46457
of the school year immediately following the school year in which	46458
the operation of school was suspended.	46459

Sec. 3314.074. Divisions (A) and (B) of this section apply	46460
only to the extent permitted under Chapter 1702. of the Revised	46461
Code.	46462

(A) If any community school established under this chapter	46463
permanently closes and ceases its operation as a community school,	46464
the assets of that school shall be distributed first to the	46465
retirement funds of employees of the school, employees of the	46466
school, and private creditors who are owed compensation, and then	46467
any remaining funds shall be paid to the department of education	46468
for redistribution to the school districts in which the students	46469
who were enrolled in the school at the time it ceased operation	46470
were entitled to attend school under section 3313.64 or 3313.65 of	46471
the Revised Code. The amount distributed to each school district	46472
shall be proportional to the district's share of the total	46473
enrollment in the community school.	46474

(B) If a community school closes and ceases to operate as a	46475
community school and the school has received computer hardware or	46476
software from the former Ohio SchoolNet commission or the former	46477
eTech Ohio commission, such hardware or software shall be ~~returned~~	46478
turned over to the ~~eTech Ohio commission~~department of education,	46479
~~and the eTech Ohio commission~~which shall redistribute the	46480
hardware and software, to the extent such redistribution is	46481
possible, to school districts in conformance with the provisions	46482
of the programs as they were operated and administered by the	46483
former eTech Ohio commission.	46484

(C) If the assets of the school are insufficient to pay all	46485
persons or entities to whom compensation is owed, the	46486
prioritization of the distribution of the assets to individual	46487
persons or entities within each class of payees may be determined	46488
by decree of a court in accordance with this section and Chapter	46489
1702. of the Revised Code.	46490

Sec. 3314.08. ~~The deductions under division (C) and the~~	46491
~~payments under division (D) of this section for fiscal years 2012~~	46492
~~and 2013 shall be made in accordance with section 3314.088 of the~~	46493
~~Revised Code.~~	46494

(A) As used in this section:

46495

(1) ~~"Base formula amount" means the amount specified as such~~	46496
~~in a community school's financial plan for a school year pursuant~~	46497
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	46498

~~(2) "IEP" has the same meaning as in section 3323.01 of the~~	46499
~~Revised Code.~~	46500

~~(3) "Applicable special education weight" means the multiple~~	46501
~~specified in section 3317.013 of the Revised Code for a disability~~	46502
~~described in that section.~~	46503

~~(4) "Applicable vocational education weight" means:~~

46504

~~(a) For a student enrolled in vocational education programs~~	46505
~~or classes described in division (A) of section 3317.014 of the~~	46506
~~Revised Code, the multiple specified in that division;~~	46507

~~(b) For a student enrolled in vocational education programs~~	46508
~~or classes described in division (B) of section 3317.014 of the~~	46509
~~Revised Code, the multiple specified in that division.~~	46510

~~(5) "Entitled to attend school" means entitled to attend~~	46511
~~school in a district under section 3313.64 or 3313.65 of the~~	46512
~~Revised Code.~~	46513

~~(6) A community school student is "included in the poverty~~	46514
~~student count" of a school district if the student is entitled to~~	46515
~~attend school in the district and the student's family receives~~	46516
~~assistance under the Ohio works first program.~~	46517

~~(7) "Poverty-based assistance reduction factor" means the~~	46518
~~percentage figure, if any, for reducing the per pupil amount of~~	46519
~~poverty-based assistance a community school is entitled to receive~~	46520
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	46521
~~as specified in the school's financial plan for the year pursuant~~	46522
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	46523

~~(8) "All-day kindergarten" has the same meaning as in section~~	46524
~~3321.05 of the Revised Code.~~	46525

~~(9)~~(a) "Category one career-technical education student"	46526
means a student who is receiving the career-technical education	46527
services described in division (A) of section 3317.014 of the	46528
Revised Code.	46529

(b) "Category two career-technical student" means a student	46530
who is receiving the career-technical education services described	46531
in division (B) of section 3317.014 of the Revised Code.	46532

(c) "Category three career-technical student" means a student	46533
who is receiving the career-technical education services described	46534
in division (C) of section 3317.014 of the Revised Code.	46535

(d) "Category four career-technical student" means a student	46536
who is receiving the career-technical education services described	46537
in division (D) of section 3317.014 of the Revised Code.	46538

(e) "Category five career-technical education student" means	46539
a student who is receiving the career-technical education services	46540
described in division (E) of section 3317.014 of the Revised Code.	46541

(2)(a) "Category one limited English proficient student"	46542
means a limited English proficient student described in division	46543
(A) of section 3317.016 of the Revised Code.	46544

(b) "Category two limited English proficient student" means a	46545
limited English proficient student described in division (B) of	46546
section 3317.016 of the Revised Code.	46547

(c) "Category three limited English proficient student" means	46548
a limited English proficient student described in division (C) of	46549
section 3317.016 of the Revised Code.	46550

(3)(a) "Category one special education student" means a	46551
student who is receiving special education services for a	46552
disability specified in division (A) of section 3317.013 of the	46553
Revised Code.	46554

(b) "Category two special education student" means a student	46555
who is receiving special education services for a disability	46556
specified in division (B) of section 3317.013 of the Revised Code.	46557

(c) "Category three special education student" means a	46558
student who is receiving special education services for a	46559
disability specified in division (C) of section 3317.013 of the	46560
Revised Code.	46561

(d) "Category four special education student" means a student	46562
who is receiving special education services for a disability	46563
specified in division (D) of section 3317.013 of the Revised Code.	46564

(e) "Category five special education student" means a student	46565
who is receiving special education services for a disability	46566
specified in division (E) of section 3317.013 of the Revised Code.	46567

(f) "Category six special education student" means a student	46568
who is receiving special education services for a disability	46569
specified in division (F) of section 3317.013 of the Revised Code.	46570

(4) "Formula amount" has the same meaning as in section	46571
3317.02 of the Revised Code.	46572

(5) "IEP" has the same meaning as in section 3323.01 of the	46573
Revised Code.	46574

(6) "Resident district" means the school district in which a	46575
student is entitled to attend school under section 3313.64 or	46576
3313.65 of the Revised Code.	46577

(7) "State education aid" has the same meaning as in section	46578
5751.20 of the Revised Code.	46579

(B) The state board of education shall adopt rules requiring	46580
both of the following:	46581

(1) The board of education of each city, exempted village,	46582
and local school district to annually report the number of	46583
students entitled to attend school in the district who are	46584
enrolled in ~~grades one~~each grade kindergarten through twelve in a	46585
community school established under this chapter, ~~the number of~~	46586
~~students entitled to attend school in the district who are~~	46587
~~enrolled in kindergarten in a community school, the number of~~	46588
~~those kindergartners who are enrolled in all-day kindergarten in~~	46589
~~their community school,~~ and for each child, the community school	46590
in which the child is enrolled.	46591

(2) The governing authority of each community school	46592
established under this chapter to annually report all of the	46593
following:	46594

(a) The number of students enrolled in grades one through	46595
twelve and the full-time equivalent number of students enrolled in	46596
kindergarten in the school who are not receiving special education	46597
and related services pursuant to an IEP;	46598

(b) The number of enrolled students in grades one through	46599
twelve and the full-time equivalent number of enrolled students in	46600
kindergarten, who are receiving special education and related	46601
services pursuant to an IEP;	46602

(c) The number of students reported under division (B)(2)(b)	46603
of this section receiving special education and related services	46604
pursuant to an IEP for a disability described in each of divisions	46605
(A) to (F) of section 3317.013 of the Revised Code;	46606

(d) The full-time equivalent number of students reported	46607
under divisions (B)(2)(a) and (b) of this section who are enrolled	46608
in ~~vocational~~career-technical education programs or classes	46609
described in each of divisions (A) ~~and (B)~~to (E) of section	46610
3317.014 of the Revised Code that are provided by the community	46611
school;	46612

(e) Twenty per cent of the number of students reported under	46613
divisions (B)(2)(a) and (b) of this section who are not reported	46614
under division (B)(2)(d) of this section but who are enrolled in	46615
~~vocational~~career-technical education programs or classes	46616
described in each of divisions (A) ~~and (B)~~to (E) of section	46617
3317.014 of the Revised Code at a joint vocational school district	46618
~~under a contract between the community school and the joint~~	46619
~~vocational school district and are entitled to attend school in a~~	46620
~~city, local, or exempted village school district whose territory~~	46621
~~is part of the territory of the joint vocational school district~~	46622
or another district in the career-technical planning district to	46623
which the school is assigned;	46624

(f) ~~The number of enrolled preschool children with~~	46625
~~disabilities receiving special education services in a~~	46626
~~state-funded unit;~~	46627

~~(g) The community school's base formula amount;~~

46628

~~(h)~~The number of students reported under divisions (B)(2)(a)	46629
and (b) of this section who are category one to three limited	46630
English proficient students described in each of divisions (A) to	46631
(C) of section 3317.016 of the Revised Code;	46632

(g) The number of students reported under divisions (B)(2)(a)	46633
and (b) who are economically disadvantaged, as defined by the	46634
department. A student shall not be categorically excluded from the	46635
number reported under division (B)(2)(g) of this section based on	46636
anything other than family income.	46637

(h) For each student, the city, exempted village, or local	46638
school district in which the student is entitled to attend school;	46639

~~(i) Any poverty-based assistance reduction factor that~~	46640
~~applies to a school year~~under section 3313.64 or 3313.65 of the	46641
Revised Code.	46642

A school district board and a community school governing	46643
authority shall include in their respective reports under division	46644
(B) of this section any child admitted in accordance with division	46645
(A)(2) of section 3321.01 of the Revised Code.	46646

A governing authority of a community school shall not include	46647
in its report under division (B)(2) of this section any student	46648
for whom tuition is charged under division (F) of this section.	46649

(C) ~~From the state education aid calculated for a city,~~	46650
~~exempted village, or local school district and, if necessary, from~~	46651
~~the payment made to the district under sections 321.24 and 323.156~~	46652
~~of the Revised Code, the department of education shall annually~~	46653
~~subtract the sum of the amounts described in divisions (C)(1) to~~	46654
~~(9) of this section. However, when deducting payments on behalf of~~	46655
~~students enrolled in internet- or computer-based community~~	46656
~~schools, the department shall deduct only those amounts described~~	46657
~~in divisions (C)(1) and (2) of this section. Furthermore, the~~	46658
~~aggregate amount deducted under this division shall not exceed the~~	46659
~~sum of the district's state education aid and its payment under~~	46660
~~sections 321.24 and 323.156 of the Revised Code.~~	46661

~~(1) An amount equal to the sum of the amounts obtained when,~~	46662
~~for each community school where the district's students are~~	46663
~~enrolled, the number of the district's students reported under~~	46664
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	46665
~~in grades one through twelve, and one-half the number of students~~	46666
~~reported under those divisions who are enrolled in kindergarten,~~	46667
~~in that community school is multiplied by the sum of the base~~	46668
~~formula amount of that community school plus the per pupil amount~~	46669
~~of the base funding supplements specified in divisions (C)(1) to~~	46670
~~(4) of section 3317.012 of the Revised Code.~~	46671

~~(2) The sum of the amounts calculated under divisions~~	46672
~~(C)(2)(a) and (b) of this section:~~	46673

~~(a) For each of the district's students reported under~~	46674
~~division (B)(2)(c) of this section as enrolled in a community~~	46675
~~school in grades one through twelve and receiving special~~	46676
~~education and related services pursuant to an IEP for a disability~~	46677
~~described in section 3317.013 of the Revised Code, the product of~~	46678
~~the applicable special education weight times the community~~	46679
~~school's base formula amount;~~	46680

~~(b) For each of the district's students reported under~~	46681
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	46682
~~a community school and receiving special education and related~~	46683
~~services pursuant to an IEP for a disability described in section~~	46684
~~3317.013 of the Revised Code, one-half of the amount calculated as~~	46685
~~prescribed in division (C)(2)(a) of this section.~~	46686

~~(3) For each of the district's students reported under~~	46687
~~division (B)(2)(d) of this section for whom payment is made under~~	46688
~~division (D)(4) of this section, the amount of that payment;~~	46689

~~(4) An amount equal to the sum of the amounts obtained when,~~	46690
~~for each community school where the district's students are~~	46691
~~enrolled, the number of the district's students enrolled in that~~	46692
~~community school who are included in the district's poverty~~	46693
~~student count is multiplied by the per pupil amount of~~	46694
~~poverty-based assistance the school district receives that year~~	46695
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	46696
~~as adjusted by any poverty-based assistance reduction factor of~~	46697
~~that community school. The per pupil amount of that aid for the~~	46698
~~district shall be calculated by the department.~~	46699

~~(5) An amount equal to the sum of the amounts obtained when,~~	46700
~~for each community school where the district's students are~~	46701
~~enrolled, the district's per pupil amount of aid received under~~	46702
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	46703
~~by any poverty-based assistance reduction factor of the community~~	46704
~~school, is multiplied by the sum of the following:~~	46705

~~(a) The number of the district's students reported under~~	46706
~~division (B)(2)(a) of this section who are enrolled in grades one~~	46707
~~to three in that community school and who are not receiving~~	46708
~~special education and related services pursuant to an IEP;~~	46709

~~(b) One-half of the district's students who are enrolled in~~	46710
~~all-day or any other kindergarten class in that community school~~	46711
~~and who are not receiving special education and related services~~	46712
~~pursuant to an IEP;~~	46713

~~(c) One-half of the district's students who are enrolled in~~	46714
~~all-day kindergarten in that community school and who are not~~	46715
~~receiving special education and related services pursuant to an~~	46716
~~IEP.~~	46717

~~The district's per pupil amount of aid under division (E) of~~	46718
~~section 3317.029 of the Revised Code is the quotient of the amount~~	46719
~~the district received under that division divided by the~~	46720
~~district's kindergarten through third grade ADM, as defined in~~	46721
~~that section.~~	46722

~~(6) An amount equal to the sum of the amounts obtained when,~~	46723
~~for each community school where the district's students are~~	46724
~~enrolled, the district's per pupil amount received under division~~	46725
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	46726
~~poverty-based assistance reduction factor of that community~~	46727
~~school, is multiplied by the number of the district's students~~	46728
~~enrolled in the community school who are identified as~~	46729
~~limited-English proficient.~~	46730

~~(7) An amount equal to the sum of the amounts obtained when,~~	46731
~~for each community school where the district's students are~~	46732
~~enrolled, the district's per pupil amount received under division~~	46733
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	46734
~~poverty-based assistance reduction factor of that community~~	46735
~~school, is multiplied by the sum of the following:~~	46736

~~(a) The number of the district's students enrolled in grades~~	46737
~~one through twelve in that community school;~~	46738

~~(b) One-half of the number of the district's students~~	46739
~~enrolled in kindergarten in that community school.~~	46740

~~The district's per pupil amount under division (G) of section~~	46741
~~3317.029 of the Revised Code is the district's amount per teacher~~	46742
~~calculated under division (G)(1) or (2) of that section divided by~~	46743
~~17.~~	46744

~~(8) An amount equal to the sum of the amounts obtained when,~~	46745
~~for each community school where the district's students are~~	46746
~~enrolled, the district's per pupil amount received under divisions~~	46747
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	46748
~~by any poverty-based assistance reduction factor of that community~~	46749
~~school, is multiplied by the sum of the following:~~	46750

~~(a) The number of the district's students enrolled in grades~~	46751
~~one through twelve in that community school;~~	46752

~~(b) One-half of the number of the district's students~~	46753
~~enrolled in kindergarten in that community school.~~	46754

~~The district's per pupil amount under divisions (H) and (I)~~	46755
~~of section 3317.029 of the Revised Code is the amount calculated~~	46756
~~under each division divided by the district's formula ADM, as~~	46757
~~defined in section 3317.02 of the Revised Code.~~	46758

~~(9) An amount equal to the per pupil state parity aid funding~~	46759
~~calculated for the school district under either division (C) or~~	46760
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	46761
~~of the number of students in grades one through twelve, and~~	46762
~~one-half of the number of students in kindergarten, who are~~	46763
~~entitled to attend school in the district and are enrolled in a~~	46764
~~community school as reported under division (B)(1) of this~~	46765
~~section.~~	46766

~~(D) The department shall annually pay to a community school~~	46767
~~established under this chapter the sum of the amounts described in~~	46768
~~divisions (D)(1) to (10) of this section. However, the department~~	46769
~~shall calculate and pay to each internet- or computer-based~~	46770
~~community school only the amounts described in divisions (D)(1) to~~	46771
~~(3) of this section. Furthermore, the sum of the payments to all~~	46772
~~community schools under divisions (D)(1), (2), and (4) to (10) of~~	46773
~~this section for the students entitled to attend school in any~~	46774
~~particular school district shall not exceed the sum of that~~	46775
~~district's state education aid and its payment under sections~~	46776
~~321.24 and 323.156 of the Revised Code. If the sum of the payments~~	46777
~~calculated under those divisions for the students entitled to~~	46778
~~attend school in a particular school district exceeds the sum of~~	46779
~~that district's state education aid and its payment under sections~~	46780
~~321.24 and 323.156 of the Revised Code, the department shall~~	46781
~~calculate and apply a proration factor to the payments to all~~	46782
~~community schools under those divisions for the students entitled~~	46783
~~to attend school in that district.~~	46784

~~(1) An amount equal to the sum of the amounts obtained when~~	46785
~~the number of students enrolled in grades one through twelve, plus~~	46786
~~one-half of the kindergarten students in the school, reported~~	46787
~~under divisions (B)(2)(a), (b), and (e) of this section who are~~	46788
~~not receiving special education and related services pursuant to~~	46789
~~an IEP for a disability described in section 3317.013 of the~~	46790
~~Revised Code is multiplied by the sum of the community school's~~	46791
~~base formula amount plus the per pupil amount of the base funding~~	46792
~~supplements specified in divisions (C)(1) to (4) of section~~	46793
~~3317.012 of the Revised Code.~~	46794

~~(2) The sum of the following amounts:~~

46795

~~(a) For each student reported under division (B)(2)(c) of~~	46796
~~this section as enrolled in the school in grades one through~~	46797
~~twelve and receiving special education and related services~~	46798
~~pursuant to an IEP for a disability described in section 3317.013~~	46799
~~of the Revised Code, the following amount:~~	46800

~~(the school's base formula amount plus~~	46801

~~the per pupil amount of the base funding supplements specified in~~	46802

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	46803

~~+ (the applicable special education weight X the~~	46804

~~community school's base formula amount);~~	46805

~~(b) For each student reported under division (B)(2)(c) of~~	46806
~~this section as enrolled in kindergarten and receiving special~~	46807
~~education and related services pursuant to an IEP for a disability~~	46808
~~described in section 3317.013 of the Revised Code, one-half of the~~	46809
~~amount calculated under the formula prescribed in division~~	46810
~~(D)(2)(a) of this section.~~	46811

~~(3) An amount received from federal funds to provide special~~	46812
~~education and related services to students in the community~~	46813
~~school, as determined by the superintendent of public instruction.~~	46814

~~(4) For each student reported under division (B)(2)(d) of~~	46815
~~this section as enrolled in vocational education programs or~~	46816
~~classes that are described in section 3317.014 of the Revised~~	46817
~~Code, are provided by the community school, and are comparable as~~	46818
~~determined by the superintendent of public instruction to school~~	46819
~~district vocational education programs and classes eligible for~~	46820
~~state weighted funding under section 3317.014 of the Revised Code,~~	46821
~~an amount equal to the applicable vocational education weight~~	46822
~~times the community school's base formula amount times the~~	46823
~~percentage of time the student spends in the vocational education~~	46824
~~programs or classes.~~	46825

~~(5) An amount equal to the sum of the amounts obtained when,~~	46826
~~for each school district where the community school's students are~~	46827
~~entitled to attend school, the number of that district's students~~	46828
~~enrolled in the community school who are included in the~~	46829
~~district's poverty student count is multiplied by the per pupil~~	46830
~~amount of poverty-based assistance that school district receives~~	46831
~~that year pursuant to division (C) of section 3317.029 of the~~	46832
~~Revised Code, as adjusted by any poverty-based assistance~~	46833
~~reduction factor of the community school. The per pupil amount of~~	46834
~~aid shall be determined as described in division (C)(4) of this~~	46835
~~section.~~	46836

~~(6) An amount equal to the sum of the amounts obtained when,~~	46837
~~for each school district where the community school's students are~~	46838
~~entitled to attend school, the district's per pupil amount of aid~~	46839
~~received under division (E) of section 3317.029 of the Revised~~	46840
~~Code, as adjusted by any poverty-based assistance reduction factor~~	46841
~~of the community school, is multiplied by the sum of the~~	46842
~~following:~~	46843

~~(a) The number of the district's students reported under~~	46844
~~division (B)(2)(a) of this section who are enrolled in grades one~~	46845
~~to three in that community school and who are not receiving~~	46846
~~special education and related services pursuant to an IEP;~~	46847

~~(b) One-half of the district's students who are enrolled in~~	46848
~~all-day or any other kindergarten class in that community school~~	46849
~~and who are not receiving special education and related services~~	46850
~~pursuant to an IEP;~~	46851

~~(c) One-half of the district's students who are enrolled in~~	46852
~~all-day kindergarten in that community school and who are not~~	46853
~~receiving special education and related services pursuant to an~~	46854
~~IEP.~~	46855

~~The district's per pupil amount of aid under division (E) of~~	46856
~~section 3317.029 of the Revised Code shall be determined as~~	46857
~~described in division (C)(5) of this section.~~	46858

~~(7) An amount equal to the sum of the amounts obtained when,~~	46859
~~for each school district where the community school's students are~~	46860
~~entitled to attend school, the number of that district's students~~	46861
~~enrolled in the community school who are identified as~~	46862
~~limited-English proficient is multiplied by the district's per~~	46863
~~pupil amount received under division (F) of section 3317.029 of~~	46864
~~the Revised Code, as adjusted by any poverty-based assistance~~	46865
~~reduction factor of the community school.~~	46866

~~(8) An amount equal to the sum of the amounts obtained when,~~	46867
~~for each school district where the community school's students are~~	46868
~~entitled to attend school, the district's per pupil amount~~	46869
~~received under division (G) of section 3317.029 of the Revised~~	46870
~~Code, as adjusted by any poverty-based assistance reduction factor~~	46871
~~of the community school, is multiplied by the sum of the~~	46872
~~following:~~	46873

~~(a) The number of the district's students enrolled in grades~~	46874
~~one through twelve in that community school;~~	46875

~~(b) One-half of the number of the district's students~~	46876
~~enrolled in kindergarten in that community school.~~	46877

~~The district's per pupil amount under division (G) of section~~	46878
~~3317.029 of the Revised Code shall be determined as described in~~	46879
~~division (C)(7) of this section.~~	46880

~~(9) An amount equal to the sum of the amounts obtained when,~~	46881
~~for each school district where the community school's students are~~	46882
~~entitled to attend school, the district's per pupil amount~~	46883
~~received under divisions (H) and (I) of section 3317.029 of the~~	46884
~~Revised Code, as adjusted by any poverty-based assistance~~	46885
~~reduction factor of the community school, is multiplied by the sum~~	46886
~~of the following:~~	46887

~~(a) The number of the district's students enrolled in grades~~	46888
~~one through twelve in that community school;~~	46889

~~(b) One-half of the number of the district's students~~	46890
~~enrolled in kindergarten in that community school.~~	46891

~~The district's per pupil amount under divisions (H) and (I)~~	46892
~~of section 3317.029 of the Revised Code shall be determined as~~	46893
~~described in division (C)(8) of this section.~~	46894

~~(10) An amount equal to the sum of the amounts obtained when,~~	46895
~~for each school district where the community school's students are~~	46896
~~entitled to attend school, the district's per pupil amount of~~	46897
~~state parity aid funding calculated under either division (C) or~~	46898
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	46899
~~sum of the number of that district's students enrolled in grades~~	46900
~~one through twelve, and one-half of the number of that district's~~	46901
~~students enrolled in kindergarten, in the community school as~~	46902
~~reported under divisions (B)(2)(a) and (b) of this section.~~	46903

~~(E)(1) If a community school's costs for a fiscal year for a~~	46904
~~student receiving special education and related services pursuant~~	46905
~~to an IEP for a disability described in divisions (B) to (F) of~~	46906
~~section 3317.013 of the Revised Code exceed the threshold~~	46907
~~catastrophic cost for serving the student as specified in division~~	46908
~~(C)(3)(b) of section 3317.022 of the Revised Code, the school may~~	46909
~~submit to the superintendent of public instruction documentation,~~	46910
~~as prescribed by the superintendent, of all its costs for that~~	46911
~~student. Upon submission of documentation for a student of the~~	46912
~~type and in the manner prescribed, the department shall pay to the~~	46913
~~community school an amount equal to the school's costs for the~~	46914
~~student in excess of the threshold catastrophic costs.~~	46915

~~(2) The community school shall only report under division~~	46916
~~(E)(1) of this section, and the department shall only pay for, the~~	46917
~~costs of educational expenses and the related services provided to~~	46918
~~the student in accordance with the student's individualized~~	46919
~~education program. Any legal fees, court costs, or other costs~~	46920
~~associated with any cause of action relating to the student may~~	46921
~~not be included in the amount.~~	46922

~~(F) A community school may apply to the department of~~	46923
~~education for preschool children with disabilities unit funding~~	46924
~~the school would receive if it were a school district. Upon~~	46925
~~request of its governing authority, a community school that~~	46926
~~received such unit funding as a school district-operated school~~	46927
~~before it became a community school shall retain any units awarded~~	46928
~~to it as a school district-operated school provided the school~~	46929
~~continues to meet eligibility standards for the unit.~~	46930

~~A community school shall be considered a school district and~~	46931
~~its governing authority shall be considered a board of education~~	46932
~~for the purpose of applying to any state or federal agency for~~	46933
~~grants that a school district may receive under federal or state~~	46934
~~law or any appropriations act of the general assembly. The~~	46935
~~governing authority of a community school may apply to any private~~	46936
~~entity for additional funds.~~	46937

~~(G)~~(1) Except as provided in division (C)(2) of this section,	46938
and subject to divisions (C)(3) and (4) of this section, on a	46939
full-time equivalency basis, for each student enrolled in a	46940
community school established under this chapter, the department of	46941
education annually shall deduct from the state education aid of a	46942
student's resident district and, if necessary, from the payment	46943
made to the district under sections 321.24 and 323.156 of the	46944
Revised Code and pay to the community school the sum of the	46945
following:	46946

(a) An opportunity grant in an amount equal to the formula	46947
amount;	46948

(b) The per pupil amount of targeted assistance funds	46949
calculated under division (A) of section 3317.0217 of the Revised	46950
Code for the student's resident district, as determined by the	46951
department, X 0.25;	46952

(c) Additional state aid for special education and related	46953
services provided under Chapter 3323. of the Revised Code as	46954
follows:	46955

(i) If the student is a category one special education	46956
student, the formula amount X the multiple specified in division	46957
(A) of section 3317.013 of the Revised Code;	46958

(ii) If the student is a category two special education	46959
student, the formula amount X the multiple specified in division	46960
(B) of section 3317.013 of the Revised Code;	46961

(iii) If the student is a category three special education	46962
student, the formula amount X the multiple specified in division	46963
(C) of section 3317.013 of the Revised Code;	46964

(iv) If the student is a category four special education	46965
student, the formula amount X the multiple specified in division	46966
(D) of section 3317.013 of the Revised Code;	46967

(v) If the student is a category five special education	46968
student, the formula amount X the multiple specified in division	46969
(E) of section 3317.013 of the Revised Code;	46970

(vi) If the student is a category six special education	46971
student, the formula amount X the multiple specified in division	46972
(F) of section 3317.013 of the Revised Code.	46973

(d) If the student is in kindergarten through third grade, an	46974
additional amount of $300, in fiscal year 2014, and $303, in	46975
fiscal year 2015;	46976

(e) If the student is economically disadvantaged, an	46977
additional amount equal to the following:	46978

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	46979
(the resident district's economically disadvantaged index)	46980

(f) Limited English proficiency funds as follows:

46981

(i) If the student is a category one limited English	46982
proficient student, the amount specified in division (A) of	46983
section 3317.016 of the Revised Code;	46984

(ii) If the student is a category two limited English	46985
proficient student, the amount specified in division (B) of	46986
section 3317.016 of the Revised Code;	46987

(iii) If the student is a category three limited English	46988
proficient student, the amount specified in division (C) of	46989
section 3317.016 of the Revised Code.	46990

(g) Career-technical education funds as follows:

46991

(i) If the student is a category one career-technical	46992
education student, the formula amount X the multiple specified in	46993
division (A) of section 3317.014 of the Revised Code;	46994

(ii) If the student is a category two career-technical	46995
education student, the formula amount X the multiple specified in	46996
division (B) of section 3317.014 of the Revised Code;	46997

(iii) If the student is a category three career-technical	46998
education student, the formula amount X the multiple specified in	46999
division (C) of section 3317.014 of the Revised Code;	47000

(iv) If the student is a category four career-technical	47001
education student, the formula amount X the multiple specified in	47002
division (D) of section 3317.014 of the Revised Code;	47003

(v) If the student is a category five career-technical	47004
education student, the formula amount X the multiple specified in	47005
division (E) of section 3317.014.	47006

Deduction and payment of funds under division (C)(1)(g) of	47007
this section is subject to approval under section 3317.161 of the	47008
Revised Code.	47009

(2) When deducting from the state education aid of a	47010
student's resident district for students enrolled in an internet-	47011
or computer-based community school and making payments to such	47012
school under this section, the department shall make the	47013
deductions and payments described in only divisions (C)(1)(a),	47014
(c), and (g) of this section.	47015

No deductions or payments shall be made for a student	47016
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	47017
of this section.	47018

(3)(a) If a community school's costs for a fiscal year for a	47019
student receiving special education and related services pursuant	47020
to an IEP for a disability described in divisions (B) to (F) of	47021
section 3317.013 of the Revised Code exceed the threshold	47022
catastrophic cost for serving the student as specified in division	47023
(B) of section 3317.0214 of the Revised Code, the school may	47024
submit to the superintendent of public instruction documentation,	47025
as prescribed by the superintendent, of all its costs for that	47026
student. Upon submission of documentation for a student of the	47027
type and in the manner prescribed, the department shall pay to the	47028
community school an amount equal to the school's costs for the	47029
student in excess of the threshold catastrophic costs.	47030

(b) The community school shall report under division	47031
(C)(3)(a) of this section, and the department shall pay for, only	47032
the costs of educational expenses and the related services	47033
provided to the student in accordance with the student's	47034
individualized education program. Any legal fees, court costs, or	47035
other costs associated with any cause of action relating to the	47036
student may not be included in the amount.	47037

(4) If the sum of the payments computed under division (C)(1)	47038
of this section for the students entitled to attend school in a	47039
particular school district under sections 3313.64 and 3313.65 of	47040
the Revised Code exceeds the sum of that district's state	47041
education aid and its payment under sections 321.24 and 323.156 of	47042
the Revised Code, the department shall calculate and apply a	47043
proration factor to the payments to all community schools under	47044
that division for the students entitled to attend school in that	47045
district.	47046

(D) A board of education sponsoring a community school may	47047
utilize local funds to make enhancement grants to the school or	47048
may agree, either as part of the contract or separately, to	47049
provide any specific services to the community school at no cost	47050
to the school.	47051

~~(H)~~(E) A community school may not levy taxes or issue bonds	47052
secured by tax revenues.	47053

~~(I)~~(F) No community school shall charge tuition for the	47054
enrollment of any student who is a resident of this state. A	47055
community school may charge tuition for the enrollment of any	47056
student who is not a resident of this state.	47057

~~(J)~~(G)(1)(a) A community school may borrow money to pay any	47058
necessary and actual expenses of the school in anticipation of the	47059
receipt of any portion of the payments to be received by the	47060
school pursuant to division ~~(D)~~(C) of this section. The school may	47061
issue notes to evidence such borrowing. The proceeds of the notes	47062
shall be used only for the purposes for which the anticipated	47063
receipts may be lawfully expended by the school.	47064

(b) A school may also borrow money for a term not to exceed	47065
fifteen years for the purpose of acquiring facilities.	47066

(2) Except for any amount guaranteed under section 3318.50 of	47067
the Revised Code, the state is not liable for debt incurred by the	47068
governing authority of a community school.	47069

~~(K) For purposes of determining the number of students for~~	47070
~~which divisions (D)(5) and (6) of this section applies in any~~	47071
~~school year, a community school may submit to the department of~~	47072
~~job and family services, no later than the first day of March, a~~	47073
~~list of the students enrolled in the school. For each student on~~	47074
~~the list, the community school shall indicate the student's name,~~	47075
~~address, and date of birth and the school district where the~~	47076
~~student is entitled to attend school. Upon receipt of a list under~~	47077
~~this division, the department of job and family services shall~~	47078
~~determine, for each school district where one or more students on~~	47079
~~the list is entitled to attend school, the number of students~~	47080
~~residing in that school district who were included in the~~	47081
~~department's report under section 3317.10 of the Revised Code. The~~	47082
~~department shall make this determination on the basis of~~	47083
~~information readily available to it. Upon making this~~	47084
~~determination and no later than ninety days after submission of~~	47085
~~the list by the community school, the department shall report to~~	47086
~~the state department of education the number of students on the~~	47087
~~list who reside in each school district who were included in the~~	47088
~~department's report under section 3317.10 of the Revised Code. In~~	47089
~~complying with this division, the department of job and family~~	47090
~~services shall not report to the state department of education any~~	47091
~~personally identifiable information on any student.~~	47092

~~(L)~~(H) The department of education shall adjust the amounts	47093
subtracted and paid under ~~divisions~~division (C) ~~and (D)~~ of this	47094
section to reflect any enrollment of students in community schools	47095
for less than the equivalent of a full school year. The state	47096
board of education within ninety days after April 8, 2003, shall	47097
adopt in accordance with Chapter 119. of the Revised Code rules	47098
governing the payments to community schools under this section ~~and~~	47099
~~section 3314.13 of the Revised Code~~ including initial payments in	47100
a school year and adjustments and reductions made in subsequent	47101
periodic payments to community schools and corresponding	47102
deductions from school district accounts as provided under	47103
~~divisions~~division (C) ~~and (D)~~ of this section ~~and section 3314.13~~	47104
~~of the Revised Code~~. For purposes of this section ~~and section~~	47105
~~3314.13 of the Revised Code~~:	47106

(1) A student shall be considered enrolled in the community	47107
school for any portion of the school year the student is	47108
participating at a college under Chapter 3365. of the Revised	47109
Code.	47110

(2) A student shall be considered to be enrolled in a	47111
community school for the period of time beginning on the later of	47112
the date on which the school both has received documentation of	47113
the student's enrollment from a parent and the student has	47114
commenced participation in learning opportunities as defined in	47115
the contract with the sponsor, or thirty days prior to the date on	47116
which the student is entered into the education management	47117
information system established under section 3301.0714 of the	47118
Revised Code. For purposes of applying this division and divisions	47119
~~(L)~~(H)(3) and (4) of this section to a community school student,	47120
"learning opportunities" shall be defined in the contract, which	47121
shall describe both classroom-based and non-classroom-based	47122
learning opportunities and shall be in compliance with criteria	47123
and documentation requirements for student participation which	47124
shall be established by the department. Any student's instruction	47125
time in non-classroom-based learning opportunities shall be	47126
certified by an employee of the community school. A student's	47127
enrollment shall be considered to cease on the date on which any	47128
of the following occur:	47129

(a) The community school receives documentation from a parent	47130
terminating enrollment of the student.	47131

(b) The community school is provided documentation of a	47132
student's enrollment in another public or private school.	47133

(c) The community school ceases to offer learning	47134
opportunities to the student pursuant to the terms of the contract	47135
with the sponsor or the operation of any provision of this	47136
chapter.	47137

Except as otherwise specified in this paragraph, beginning in	47138
the 2011-2012 school year, any student who completed the prior	47139
school year in an internet- or computer-based community school	47140
shall be considered to be enrolled in the same school in the	47141
subsequent school year until the student's enrollment has ceased	47142
as specified in division ~~(L)~~(H)(2) of this section. The department	47143
shall continue subtracting and paying amounts for the student	47144
under ~~divisions~~division (C) ~~and (D)~~ of this section without	47145
interruption at the start of the subsequent school year. However,	47146
if the student without a legitimate excuse fails to participate in	47147
the first one hundred five consecutive hours of learning	47148
opportunities offered to the student in that subsequent school	47149
year, the student shall be considered not to have re-enrolled in	47150
the school for that school year and the department shall	47151
recalculate the payments to the school for that school year to	47152
account for the fact that the student is not enrolled.	47153

(3) The department shall determine each community school	47154
student's percentage of full-time equivalency based on the	47155
percentage of learning opportunities offered by the community	47156
school to that student, reported either as number of hours or	47157
number of days, is of the total learning opportunities offered by	47158
the community school to a student who attends for the school's	47159
entire school year. However, no internet- or computer-based	47160
community school shall be credited for any time a student spends	47161
participating in learning opportunities beyond ten hours within	47162
any period of twenty-four consecutive hours. Whether it reports	47163
hours or days of learning opportunities, each community school	47164
shall offer not less than nine hundred twenty hours of learning	47165
opportunities during the school year.	47166

(4) With respect to the calculation of full-time equivalency	47167
under division ~~(L)~~(H)(3) of this section, the department shall	47168
waive the number of hours or days of learning opportunities not	47169
offered to a student because the community school was closed	47170
during the school year due to disease epidemic, hazardous weather	47171
conditions, law enforcement emergencies, inoperability of school	47172
buses or other equipment necessary to the school's operation,	47173
damage to a school building, or other temporary circumstances due	47174
to utility failure rendering the school building unfit for school	47175
use, so long as the school was actually open for instruction with	47176
students in attendance during that school year for not less than	47177
the minimum number of hours required by this chapter. The	47178
department shall treat the school as if it were open for	47179
instruction with students in attendance during the hours or days	47180
waived under this division.	47181

~~(M)~~(I) The department of education shall reduce the amounts	47182
paid under ~~division (D) of~~ this section to reflect payments made	47183
to colleges under division (B) of section 3365.07 of the Revised	47184
Code or through alternative funding agreements entered into under	47185
rules adopted under section 3365.12 of the Revised Code.	47186

~~(N)~~(J)(1) No student shall be considered enrolled in any	47187
internet- or computer-based community school or, if applicable to	47188
the student, in any community school that is required to provide	47189
the student with a computer pursuant to division (C) of section	47190
3314.22 of the Revised Code, unless both of the following	47191
conditions are satisfied:	47192

(a) The student possesses or has been provided with all	47193
required hardware and software materials and all such materials	47194
are operational so that the student is capable of fully	47195
participating in the learning opportunities specified in the	47196
contract between the school and the school's sponsor as required	47197
by division (A)(23) of section 3314.03 of the Revised Code;	47198

(b) The school is in compliance with division (A) of section	47199
3314.22 of the Revised Code, relative to such student.	47200

(2) In accordance with policies adopted jointly by the	47201
superintendent of public instruction and the auditor of state, the	47202
department shall reduce the amounts otherwise payable under	47203
division ~~(D)~~(C) of this section to any community school that	47204
includes in its program the provision of computer hardware and	47205
software materials to any student, if such hardware and software	47206
materials have not been delivered, installed, and activated for	47207
each such student in a timely manner or other educational	47208
materials or services have not been provided according to the	47209
contract between the individual community school and its sponsor.	47210

The superintendent of public instruction and the auditor of	47211
state shall jointly establish a method for auditing any community	47212
school to which this division pertains to ensure compliance with	47213
this section.	47214

The superintendent, auditor of state, and the governor shall	47215
jointly make recommendations to the general assembly for	47216
legislative changes that may be required to assure fiscal and	47217
academic accountability for such schools.	47218

~~(O)~~(K)(1) If the department determines that a review of a	47219
community school's enrollment is necessary, such review shall be	47220
completed and written notice of the findings shall be provided to	47221
the governing authority of the community school and its sponsor	47222
within ninety days of the end of the community school's fiscal	47223
year, unless extended for a period not to exceed thirty additional	47224
days for one of the following reasons:	47225

(a) The department and the community school mutually agree to	47226
the extension.	47227

(b) Delays in data submission caused by either a community	47228
school or its sponsor.	47229

(2) If the review results in a finding that additional	47230
funding is owed to the school, such payment shall be made within	47231
thirty days of the written notice. If the review results in a	47232
finding that the community school owes moneys to the state, the	47233
following procedure shall apply:	47234

(a) Within ten business days of the receipt of the notice of	47235
findings, the community school may appeal the department's	47236
determination to the state board of education or its designee.	47237

(b) The board or its designee shall conduct an informal	47238
hearing on the matter within thirty days of receipt of such an	47239
appeal and shall issue a decision within fifteen days of the	47240
conclusion of the hearing.	47241

(c) If the board has enlisted a designee to conduct the	47242
hearing, the designee shall certify its decision to the board. The	47243
board may accept the decision of the designee or may reject the	47244
decision of the designee and issue its own decision on the matter.	47245

(d) Any decision made by the board under this division is	47246
final.	47247

(3) If it is decided that the community school owes moneys to	47248
the state, the department shall deduct such amount from the	47249
school's future payments in accordance with guidelines issued by	47250
the superintendent of public instruction.	47251

~~(P)~~(L) The department shall not subtract from a school	47252
district's state aid account ~~under division (C) of this section~~	47253
and shall not pay to a community school under division ~~(D)~~(C) of	47254
this section any amount for any of the following:	47255

(1) Any student who has graduated from the twelfth grade of a	47256
public or nonpublic high school;	47257

(2) Any student who is not a resident of the state;

47258

(3) Any student who was enrolled in the community school	47259
during the previous school year when assessments were administered	47260
under section 3301.0711 of the Revised Code but did not take one	47261
or more of the assessments required by that section and was not	47262
excused pursuant to division (C)(1) or (3) of that section, unless	47263
the superintendent of public instruction grants the student a	47264
waiver from the requirement to take the assessment and a parent is	47265
not paying tuition for the student pursuant to section 3314.26 of	47266
the Revised Code. The superintendent may grant a waiver only for	47267
good cause in accordance with rules adopted by the state board of	47268
education.	47269

(4) Any student who has attained the age of twenty-two years,	47270
except for veterans of the armed services whose attendance was	47271
interrupted before completing the recognized twelve-year course of	47272
the public schools by reason of induction or enlistment in the	47273
armed forces and who apply for enrollment in a community school	47274
not later than four years after termination of war or their	47275
honorable discharge. If, however, any such veteran elects to	47276
enroll in special courses organized for veterans for whom tuition	47277
is paid under federal law, or otherwise, the department shall not	47278
subtract from a school district's state aid account ~~under division~~	47279
~~(C) of this section~~ and shall not pay to a community school under	47280
division ~~(D)~~(C) of this section any amount for that veteran.	47281

Sec. 3314.082. A community school shall be considered a	47282
school district and its governing authority shall be considered a	47283
board of education for the purpose of applying to any state or	47284
federal agency for grants that a school district may receive under	47285
federal or state law or any appropriations act of the general	47286
assembly. The governing authority of a community school may apply	47287
to any private entity for additional funds.	47288

Sec. 3314.083. If the department of education pays a joint	47289
vocational school district under division ~~(G)(4)~~(C)(3) of section	47290
3317.16 of the Revised Code for excess costs of providing special	47291
education and related services to a student with a disability who	47292
is enrolled in a community school, as calculated under division	47293
~~(G)(2)~~(C)(1) of that section, the department shall deduct the	47294
amount of that payment from the amount calculated for payment to	47295
the community school under section 3314.08 of the Revised Code.	47296

Sec. 3314.084. (A) As used in this section:

47297

(1) "Formula ADM" has the same meaning as in section 3317.03	47298
of the Revised Code.	47299

(2) "Home" has the same meaning as in section 3313.64 of the	47300
Revised Code.	47301

(3) "School district of residence" has the same meaning as in	47302
section 3323.01 of the Revised Code; however, a community school	47303
established under this chapter is not a "school district of	47304
residence" for purposes of this section.	47305

(B) Notwithstanding anything to the contrary in section	47306
3314.08 or 3317.03 of the Revised Code, all of the following apply	47307
in the case of a child who is enrolled in a community school and	47308
is also living in a home:	47309

(1) For purposes of the report required under division (B)(1)	47310
of section 3314.08 of the Revised Code, the child's school	47311
district of residence, and not the school district in which the	47312
home that the child is living in is located, shall be considered	47313
to be the school district in which the child is entitled to attend	47314
school. That school district of residence, therefore, shall make	47315
the report required under division (B)(1) of section 3314.08 of	47316
the Revised Code with respect to the child.	47317

(2) For purposes of the report required under division (B)(2)	47318
of section 3314.08 of the Revised Code, the community school shall	47319
report the name of the child's school district of residence.	47320

(3) The child's school district of residence shall count the	47321
child in that district's formula ADM.	47322

(4) The school district in which the home that the child is	47323
living in is located shall not count the child in that district's	47324
formula ADM.	47325

(5) The ~~Department~~department of ~~Education~~education shall	47326
deduct the applicable amounts prescribed under division (C) of	47327
section 3314.08 ~~and division (D) of section 3314.13~~ of the Revised	47328
Code from the child's school district of residence and shall not	47329
deduct those amounts from the school district in which the home	47330
that the child is living in is located.	47331

(6) The ~~Department~~department shall make the payments	47332
prescribed in ~~divisions (D) and (E)~~division (C) of section	47333
3314.08 ~~and section 3314.13~~ of the Revised Code, as applicable, to	47334
the community school.	47335

Sec. 3314.086. A community school established under this	47336
chapter, including an internet- or computer-based community	47337
school, may provide career-technical education in the manner	47338
prescribed by section 3313.90 of the Revised Code. The community	47339
school may contract with any public agency, board, or bureau or	47340
with any private individual or firm for the purchase of any	47341
career-technical education or vocational rehabilitation service	47342
for any student enrolled in the community school and may pay for	47343
such services with funds received under section 3314.08 of the	47344
Revised Code.	47345

Sec. 3314.087. (A) As used in this section:

47346

(1) "Career-technical program" means ~~vocational~~	47347
career-technical programs or classes described in division (A) or,	47348
(B), (C), (D), or (E) of section 3317.014 of the Revised Code in	47349
which a student is enrolled.	47350

(2) "Formula ADM," "category one ~~or two vocational~~through	47351
five career-technical education ADM," and "FTE basis" have the	47352
same meanings as in section 3317.02 of the Revised Code.	47353

(3) "Resident school district" means the city, exempted	47354
village, or local school district in which a student is entitled	47355
to attend school under section 3313.64 or 3313.65 of the Revised	47356
Code.	47357

(B) Notwithstanding anything to the contrary in this chapter	47358
or Chapter 3317. of the Revised Code, a student enrolled in a	47359
community school may simultaneously enroll in the career-technical	47360
program operated by the student's resident school district. On an	47361
FTE basis, the student's resident school district shall count the	47362
student in the category one ~~or two vocational~~through five	47363
career-technical education ADM for the proportion of the time the	47364
student is enrolled in the district's career-technical program	47365
and, accordingly, the department of education shall calculate	47366
funds under Chapter 3317. for the district attributable to the	47367
student for the proportion of time the student attends the	47368
career-technical program. The community school shall count the	47369
student in its enrollment report under section 3314.08 of the	47370
Revised Code and shall report to the department the proportion of	47371
time that the student attends classes at the community school. The	47372
department shall pay the community school and deduct from the	47373
student's resident school district the amount computed for the	47374
student under section 3314.08 of the Revised Code in proportion to	47375
the fraction of the time on an FTE basis that the student attends	47376
classes at the community school. "Full-time equivalency" for a	47377
community school student, as defined in division ~~(L)~~(H) of section	47378
3314.08 of the Revised Code, does not apply to the student.	47379

Sec. 3314.09. (A) As used in this section and section	47380
3314.091 of the Revised Code, "native student" means a student	47381
entitled to attend school in the school district under section	47382
3313.64 or 3313.65 of the Revised Code.	47383

(B) Except as provided in section 3314.091 or 3327.02 of the	47384
Revised Code, the board of education of each city, local, and	47385
exempted village school district shall provide transportation to	47386
and from school for its ~~district's~~ native students in accordance	47387
with section 3327.01 of the Revised Code.	47388

Sec. 3314.091. ~~(A)~~A student who attends a community school	47389
that provides or arranges for transporting students pursuant to	47390
this section, or the student's parent or guardian, is not eligible	47391
for the subsidy prescribed by section 3327.02 of the Revised Code.	47392

(A) A school district is not required to provide	47393
transportation for any native student enrolled in a community	47394
school if the district board of education has entered into an	47395
agreement with the community school's governing authority that	47396
designates the community school as responsible for providing or	47397
arranging for the transportation of the district's native students	47398
to and from the community school. For any such agreement to be	47399
effective, it must be certified by the superintendent of public	47400
instruction as having met all of the following requirements:	47401

(1) It is submitted to the department of education by a	47402
deadline which shall be established by the department.	47403

(2) In accordance with divisions (C)(1) and (2) of this	47404
section, it specifies qualifications, such as residing a minimum	47405
distance from the school, for students to have their	47406
transportation provided or arranged.	47407

(3) The transportation provided by the community school is	47408
subject to all provisions of the Revised Code and all rules	47409
adopted under the Revised Code pertaining to pupil transportation.	47410

(4) The sponsor of the community school also has signed the	47411
agreement.	47412

(B)(1) For the school year that begins on July 1, 2007, a	47413
school district is not required to provide transportation for any	47414
native student enrolled in a community school, if the community	47415
school during the previous school year transported the students	47416
enrolled in the school or arranged for the students'	47417
transportation, even if that arrangement consisted of having	47418
parents transport their children to and from the school, but did	47419
not enter into an agreement to transport or arrange for	47420
transportation for those students under division (A) of this	47421
section, and if the governing authority of the community school by	47422
July 15, 2007, submits written notification to the district board	47423
of education stating that the governing authority is accepting	47424
responsibility for providing or arranging for the transportation	47425
of the district's native students to and from the community	47426
school.	47427

(2) ~~For~~Except as provided in division (B)(4) of this	47428
section, for any school year subsequent to the school year that	47429
begins on July 1, 2007, a school district is not required to	47430
provide transportation for any native student enrolled in a	47431
community school if the governing authority of the community	47432
school, by the thirty-first day of January of the previous school	47433
year, submits written notification to the district board of	47434
education stating that the governing authority is accepting	47435
responsibility for providing or arranging for the transportation	47436
of the district's native students to and from the community	47437
school. If the governing authority of the community school has	47438
previously accepted responsibility for providing or arranging for	47439
the transportation of a district's native students to and from the	47440
community school, under division (B)(1) or (2) of this section,	47441
and has since relinquished that responsibility under division	47442
(B)(3) of this section, the governing authority shall not accept	47443
that responsibility again unless the district board consents to	47444
the governing authority's acceptance of that responsibility.	47445

(3) A governing authority's acceptance of responsibility	47446
under division (B)(1) or (2) of this section shall cover an entire	47447
school year, and shall remain in effect for subsequent school	47448
years unless the governing authority submits written notification	47449
to the district board that the governing authority is	47450
relinquishing the responsibility. However, a governing authority	47451
shall not relinquish responsibility for transportation before the	47452
end of a school year, and shall submit the notice relinquishing	47453
responsibility by the thirty-first day of January, in order to	47454
allow the school district reasonable time to prepare	47455
transportation for its native students enrolled in the school.	47456

(4)(a) For any school year that begins on or after July 1,	47457
2014, a school district is not required to provide transportation	47458
for any native student enrolled in a community school scheduled to	47459
open for operation in the current school year, if the governing	47460
authority of the community school, by the fifteenth day of April	47461
of the previous school year, submits written notification to the	47462
district board of education stating that the governing authority	47463
is accepting responsibility for providing or arranging for the	47464
transportation of the district's native students to and from the	47465
community school.	47466

(b) The governing authority of a community school that	47467
accepts responsibility for transporting its students under	47468
division (4)(a) of this section shall comply with divisions (B)(2)	47469
and (3) of this section to renew or relinquish that authority for	47470
subsequent school years.	47471

(C)(1) A community school governing authority that enters	47472
into an agreement under division (A) of this section, or that	47473
accepts responsibility under division (B) of this section, shall	47474
provide or arrange transportation free of any charge for each of	47475
its enrolled students who is required to be transported under	47476
section 3327.01 of the Revised Code or who would otherwise be	47477
transported by the school district under the district's	47478
transportation policy. The governing authority shall report to the	47479
department of education the number of students transported or for	47480
whom transportation is arranged under this section in accordance	47481
with rules adopted by the state board of education.	47482

(2) The governing authority may provide or arrange	47483
transportation for any other enrolled student who is not eligible	47484
for transportation in accordance with division (C)(1) of this	47485
section and may charge a fee for such service up to the actual	47486
cost of the service.	47487

(3) Notwithstanding anything to the contrary in division	47488
(C)(1) or (2) of this section, a community school governing	47489
authority shall provide or arrange transportation free of any	47490
charge for any disabled student enrolled in the school for whom	47491
the student's individualized education program developed under	47492
Chapter 3323. of the Revised Code specifies transportation.	47493

(D)(1) If a school district board and a community school	47494
governing authority elect to enter into an agreement under	47495
division (A) of this section, the department of education shall	47496
make payments to the community school according to the terms of	47497
the agreement for each student actually transported under division	47498
(C)(1) of this section.	47499

If a community school governing authority accepts	47500
transportation responsibility under division (B) of this section,	47501
the department shall make payments to the community school for	47502
each student actually transported or for whom transportation is	47503
arranged by the community school under division (C)(1) of this	47504
section, calculated as follows:	47505

(a) For any fiscal year which the general assembly has	47506
specified that transportation payments to school districts be	47507
based on an across-the-board percentage of the district's payment	47508
for the previous school year, the per pupil payment to the	47509
community school shall be the following quotient:	47510

(i) The total amount calculated for the school district in	47511
which the child is entitled to attend school for student	47512
transportation other than transportation of children with	47513
disabilities; divided by	47514

(ii) The number of students included in the district's	47515
transportation ADM for the current fiscal year, as reported under	47516
division (B)~~(13)~~(19) of section 3317.03 of the Revised Code, plus	47517
the number of students enrolled in the community school not	47518
counted in the district's transportation ADM who are transported	47519
under division (B)(1) or (2) of this section.	47520

(b) For any fiscal year which the general assembly has	47521
specified that the transportation payments to school districts be	47522
calculated in accordance with section 3317.0212 of the Revised	47523
Code and any rules of the state board of education implementing	47524
that section, the payment to the community school shall be the	47525
amount so calculated that otherwise would be paid to the school	47526
district in which the student is entitled to attend school by the	47527
method of transportation the district would have used. The	47528
community school, however, is not required to use the same method	47529
to transport that student.	47530

(c) Divisions (D)(1)(a) and (b) of this section do not apply	47531
to fiscal years 2012 and 2013. Rather, for each of those fiscal	47532
years, the per pupil payment to a community school for	47533
transporting a student shall be the total amount paid under former	47534
section 3306.12 of the Revised Code for fiscal year 2011 to the	47535
school district in which the child is entitled to attend school	47536
divided by that district's "qualifying ridership," as defined in	47537
that section for fiscal year 2011.	47538

As used in this division "entitled to attend school" means	47539
entitled to attend school under section 3313.64 or 3313.65 of the	47540
Revised Code.	47541

(2) The department shall deduct the payment under division	47542
(D)(1) of this section from the state education aid, as defined in	47543
section 3314.08 of the Revised Code, and, if necessary, the	47544
payment under sections 321.14 and 323.156 of the Revised Code,	47545
that is otherwise paid to the school district in which the student	47546
enrolled in the community school is entitled to attend school. The	47547
department shall include the number of the district's native	47548
students for whom payment is made to a community school under	47549
division (D)(1) of this section in the calculation of the	47550
district's transportation payment under section 3317.0212 of the	47551
Revised Code and the operating appropriations act.	47552

(3) A community school shall be paid under division (D)(1) of	47553
this section only for students who are eligible as specified in	47554
section 3327.01 of the Revised Code and division (C)(1) of this	47555
section, and whose transportation to and from school is actually	47556
provided, who actually utilized transportation arranged, or for	47557
whom a payment in lieu of transportation is made by the community	47558
school's governing authority. To qualify for the payments, the	47559
community school shall report to the department, in the form and	47560
manner required by the department, data on the number of students	47561
transported or whose transportation is arranged, the number of	47562
miles traveled, cost to transport, and any other information	47563
requested by the department.	47564

(4) A community school shall use payments received under this	47565
section solely to pay the costs of providing or arranging for the	47566
transportation of students who are eligible as specified in	47567
section 3327.01 of the Revised Code and division (C)(1) of this	47568
section, which may include payments to a parent, guardian, or	47569
other person in charge of a child in lieu of transportation.	47570

(E) Except when arranged through payment to a parent,	47571
guardian, or person in charge of a child, transportation provided	47572
or arranged for by a community school pursuant to an agreement	47573
under this section is subject to all provisions of the Revised	47574
Code, and all rules adopted under the Revised Code, pertaining to	47575
the construction, design, equipment, and operation of school buses	47576
and other vehicles transporting students to and from school. The	47577
drivers and mechanics of the vehicles are subject to all	47578
provisions of the Revised Code, and all rules adopted under the	47579
Revised Code, pertaining to drivers and mechanics of such	47580
vehicles. The community school also shall comply with sections	47581
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	47582
of section 3327.16 of the Revised Code and, subject to division	47583
(C)(1) of this section~~, sections~~and section 3327.01 ~~and 3327.02~~	47584
of the Revised Code, as if it were a school district.	47585

Sec. 3314.092. The governing authority or operator of a	47586
community school established under this chapter shall consult with	47587
each school district board of education that transports students	47588
to the community school under sections 3314.09 and 3327.01 of the	47589
Revised Code prior to making any change in the hours or days in	47590
which the community school is open for instruction.	47591

Sec. 3314.11. (A) The board of education of each city,	47592
exempted village, and local school district monthly shall review	47593
enrollment for students enrolled in community schools established	47594
under this chapter and entitled to attend school in the district	47595
under section 3313.64 or 3313.65 of the Revised Code. For each	47596
student, the district shall verify to the department of education	47597
both of the following:	47598

(1) The community school in which the student is enrolled;

47599

(2) That the student is entitled to attend school in the	47600
district under section 3313.64 or 3313.65 of the Revised Code.	47601

(B) For purposes of its initial reporting of the school	47602
districts its students are entitled to attend, the governing	47603
authority of a community school may adopt a policy that prescribes	47604
the number of documents listed in division (E) of this section	47605
required to verify a student's residency. This policy, if adopted,	47606
shall supersede any policy concerning the number of documents for	47607
initial residency verification adopted by the district the student	47608
is entitled to attend. If a community school does not adopt a	47609
policy under this division, the policy of the school district in	47610
which the student is entitled to attend shall prevail.	47611

(C) In making the determinations under this section, the	47612
school district in which a parent or child resides is the location	47613
the parent or student has established as the primary residence and	47614
where substantial family activity takes place.	47615

(D) If a district's determination under division (A) of this	47616
section of the school district a student is entitled to attend	47617
under section 3313.64 or 3313.65 of the Revised Code differs from	47618
a community school's determination under division (B) of this	47619
section, the community school shall provide the school district	47620
that made the determination under division (A) of this section	47621
with documentation of the student's residency and shall make a	47622
good faith effort to accurately identify the correct residence of	47623
the student.	47624

(E) For purposes of this section, the following documents may	47625
serve as evidence of primary residence:	47626

(1) A deed, mortgage, lease, current home owner's or renter's	47627
insurance declaration page, or current real property tax bill;	47628

(2) A utility bill or receipt of utility installation issued	47629
within ninety days of enrollment;	47630

(3) A paycheck or paystub issued to the parent or student	47631
within ninety days of the date of enrollment that includes the	47632
address of the parent's or student's primary residence;	47633

(4) The most current available bank statement issued to the	47634
parent or student that includes the address of the parent's or	47635
student's primary residence;	47636

(5) Any other official document issued to the parent or	47637
student that includes the address of the parent's or student's	47638
primary residence. The superintendent of public instruction shall	47639
develop guidelines for determining what qualifies as an "official	47640
document" under this division.	47641

(F) When a student loses permanent housing and becomes a	47642
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	47643
child who is such a homeless child or youth changes temporary	47644
living arrangements, the district in which the student is entitled	47645
to attend school shall be determined in accordance with division	47646
(F)(13) of section 3313.64 of the Revised Code and the	47647
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	47648

(G) In the event of a disagreement as to which school	47649
district a student is entitled to attend, the community school,	47650
after complying with division (D) of this section, but not more	47651
than sixty days after the monthly deadline established by the	47652
department of education for reporting of community school	47653
enrollment, may present the matter to the superintendent of public	47654
instruction. Not later than thirty days after the community school	47655
presents the matter, the state superintendent, or the state	47656
superintendent's designee, shall determine which district the	47657
student is entitled to attend and shall direct any necessary	47658
adjustments to payments and deductions under ~~sections~~section	47659
3314.08 ~~and 3314.13~~ of the Revised Code based on that	47660
determination.	47661

Sec. 3314.26. (A) Each internet- or computer-based community	47662
school shall withdraw from the school any student who, for two	47663
consecutive school years, has failed to participate in the spring	47664
administration of any assessment prescribed under section	47665
3301.0710 or 3301.0712 of the Revised Code for the student's grade	47666
level and was not excused from the assessment pursuant to division	47667
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	47668
of whether a waiver was granted for the student under division	47669
~~(P)~~(L)(3) of section 3314.08 of the Revised Code. The school shall	47670
report any such student's data verification code, as assigned	47671
pursuant to section 3301.0714 of the Revised Code, to the	47672
department of education. The department shall maintain a list of	47673
all data verification codes reported under this division and	47674
section 3313.6410 of the Revised Code and provide that list to	47675
each internet- or computer-based community school and to each	47676
school to which section 3313.6410 of the Revised Code applies.	47677

(B) No internet- or computer-based community school shall	47678
receive any state funds under this chapter for any enrolled	47679
student whose data verification code appears on the list	47680
maintained by the department under division (A) of this section.	47681

Notwithstanding any provision of the Revised Code to the	47682
contrary, the parent of any such student shall pay tuition to the	47683
internet- or computer-based community school in an amount equal to	47684
the state funds the school otherwise would receive for that	47685
student, as determined by the department. An internet- or	47686
computer-based community school may withdraw any student for whom	47687
the parent does not pay tuition as required by this division.	47688

Sec. 3314.29. (A) Notwithstanding anything in this chapter	47689
to the contrary, an internet- or computer-based community school	47690
may divide into two separate internet- or computer-based community	47691
schools by grade level, if all of the following apply:	47692

(1) The school was in operation on or before the effective	47693
date of this section.	47694

(2) The school offers at least grades one through eight.

47695

(3) The sponsor of the school approves dividing the school	47696
into two separate schools under this section.	47697

(4) The school exercises the option to divide into two	47698
separate schools under this section during either the 2013-2014 or	47699
2014-2015 school year.	47700

(B) No school may exercise the option under this section	47701
after the 2014-2015 school year. However, the authority of a	47702
school that has exercised the option under this section to operate	47703
separately as two schools continues for all subsequent school	47704
years in which the schools are in operation.	47705

(C) An internet- or computer-based community school created	47706
under this section shall not count toward the annual limit on new	47707
internet- or computer-based community schools prescribed by	47708
division (B) of section 3314.013 of the Revised Code.	47709

Sec. 3315.40. The board of education of a city, local,	47710
exempted village, or joint vocational school district or the	47711
governing board of any educational service center may establish an	47712
education foundation fund. Moneys in the fund shall consist of	47713
proceeds paid into the fund under division (B) of section 3313.36	47714
of the Revised Code. In addition, by resolution adopted by a	47715
majority of its members, a city, local, exempted village, or joint	47716
vocational board may annually direct the school district treasurer	47717
to pay into the education foundation fund an amount from the	47718
school district general fund not to exceed one-half of one per	47719
cent of the total appropriations of the school district as	47720
estimated by the board at the time the resolution is adopted or as	47721
set forth in the annual appropriation measure as most recently	47722
amended or supplemented; and any governing board, by resolution	47723
adopted by a majority of its members, may annually direct the	47724
service center treasurer to pay into the education foundation fund	47725
an amount not to exceed one-half of one per cent of the funds	47726
received by the governing board pursuant to an agreement entered	47727
into under section ~~3317.11~~3313.843 or 3313.845 of the Revised	47728
Code.	47729

Income from the investment of moneys in the fund shall be	47730
paid into the fund. A board, by resolution adopted by a majority	47731
of its members, may accept a trust created under section 3315.41	47732
of the Revised Code for the investment of money in the educational	47733
foundation fund and direct the school district or service center	47734
treasurer to pay to the trustee, the initial trust principal	47735
contemplated by the instrument creating the trust. A board that	47736
has accepted a trust created under section 3315.41 of the Revised	47737
Code may do any of the following by resolution adopted by a	47738
majority of its members: direct the school district or service	47739
center treasurer to pay additional amounts to the trust principal,	47740
amend the trust, revoke the trust, or provide for payment of	47741
compensation to the trustee.	47742

Moneys in the fund shall be expended only by resolution	47743
adopted by a majority of the members of the board for operating or	47744
capital costs of any existing or new and innovative program	47745
designed to enhance or promote education within the district or	47746
service center, such as scholarships for students or teachers.	47747

A board of education or governing board may appoint a	47748
committee of administrators to administer the education foundation	47749
fund and to make recommendations for the use of the fund. Members	47750
of the committee shall serve at the discretion of the appointing	47751
board. Members shall receive no compensation, but may be	47752
reimbursed for actual and necessary expenses incurred in the	47753
performance of their official duties.	47754

Sec. 3315.42. Sections 3315.40 and 3315.41 of the Revised	47755
Code do not apply to either of the following:	47756

(A) A school district that has received funds for a project	47757
under Chapter 3318. of the Revised Code, so long as the purchase	47758
price to be paid by the board for the state's interest in the	47759
project has not been paid;	47760

(B) A school district that has an outstanding loan under	47761
section 3313.483 ~~or sections 3317.62 to 3317.64~~ of the Revised	47762
Code.	47763

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	47764
133. or sections 3313.483 to ~~3313.4811~~3313.4810 of the Revised	47765
Code, and subject to the approval of the superintendent of public	47766
instruction, a school district that is in a state of fiscal watch	47767
declared under section 3316.03 of the Revised Code may restructure	47768
or refinance loans obtained or in the process of being obtained	47769
under section 3313.483 of the Revised Code if all of the following	47770
requirements are met:	47771

(1) The operating deficit certified for the school district	47772
for the current or preceding fiscal year under section 3313.483 of	47773
the Revised Code exceeds fifteen per cent of the district's	47774
general revenue fund for the fiscal year preceding the year for	47775
which the certification of the operating deficit is made.	47776

(2) The school district voters have, during the period of the	47777
fiscal watch, approved the levy of a tax under section 718.09,	47778
718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code	47779
that is not a renewal or replacement levy, or a levy under section	47780
5705.199 of the Revised Code, and that will provide new operating	47781
revenue.	47782

(3) The board of education of the school district has adopted	47783
or amended the financial plan required by section 3316.04 of the	47784
Revised Code to reflect the restructured or refinanced loans, and	47785
sets forth the means by which the district will bring projected	47786
operating revenues and expenditures, and projected debt service	47787
obligations, into balance for the life of any such loan.	47788

(B) Subject to the approval of the superintendent of public	47789
instruction, the school district may issue securities to evidence	47790
the restructuring or refinancing authorized by this section. Such	47791
securities may extend the original period for repayment not to	47792
exceed ten years, and may alter the frequency and amount of	47793
repayments, interest or other financing charges, and other terms	47794
or agreements under which the loans were originally contracted,	47795
provided the loans received under sections 3313.483 of the Revised	47796
Code are repaid from funds the district would otherwise receive	47797
under Chapter 3317. of the Revised Code, as required under	47798
division (E)(3) of section 3313.483 of the Revised Code.	47799
Securities issued for the purpose of restructuring or refinancing	47800
under this section shall be repaid in equal payments and at equal	47801
intervals over the term of the debt and are not eligible to be	47802
included in any subsequent proposal to restructure or refinance.	47803

(C) Unless the district is declared to be in a state of	47804
fiscal emergency under division (D) of section 3316.04 of the	47805
Revised Code, a school district shall remain in a state of fiscal	47806
watch for the duration of the repayment period of any loan	47807
restructured or refinanced under this section.	47808

Sec. 3316.06. (A) Within one hundred twenty days after the	47809
first meeting of a school district financial planning and	47810
supervision commission, the commission shall adopt a financial	47811
recovery plan regarding the school district for which the	47812
commission was created. During the formulation of the plan, the	47813
commission shall seek appropriate input from the school district	47814
board and from the community. This plan shall contain the	47815
following:	47816

(1) Actions to be taken to:

47817

(a) Eliminate all fiscal emergency conditions declared to	47818
exist pursuant to division (B) of section 3316.03 of the Revised	47819
Code;	47820

(b) Satisfy any judgments, past-due accounts payable, and all	47821
past-due and payable payroll and fringe benefits;	47822

(c) Eliminate the deficits in all deficit funds, except that	47823
any prior year deficits in the capital and maintenance fund	47824
established pursuant to section 3315.18 of the Revised Code shall	47825
be forgiven;	47826

(d) Restore to special funds any moneys from such funds that	47827
were used for purposes not within the purposes of such funds, or	47828
borrowed from such funds by the purchase of debt obligations of	47829
the school district with the moneys of such funds, or missing from	47830
the special funds and not accounted for, if any;	47831

(e) Balance the budget, avoid future deficits in any funds,	47832
and maintain on a current basis payments of payroll, fringe	47833
benefits, and all accounts;	47834

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

47835

(g) Restore the ability of the school district to market	47836
long-term general obligation bonds under provisions of law	47837
applicable to school districts generally.	47838

(2) The management structure that will enable the school	47839
district to take the actions enumerated in division (A)(1) of this	47840
section. The plan shall specify the level of fiscal and management	47841
control that the commission will exercise within the school	47842
district during the period of fiscal emergency, and shall	47843
enumerate respectively, the powers and duties of the commission	47844
and the powers and duties of the school board during that period.	47845
The commission may elect to assume any of the powers and duties of	47846
the school board it considers necessary, including all powers	47847
related to personnel, curriculum, and legal issues in order to	47848
successfully implement the actions described in division (A)(1) of	47849
this section.	47850

(3) The target dates for the commencement, progress upon, and	47851
completion of the actions enumerated in division (A)(1) of this	47852
section and a reasonable period of time expected to be required to	47853
implement the plan. The commission shall prepare a reasonable time	47854
schedule for progress toward and achievement of the requirements	47855
for the plan, and the plan shall be consistent with that time	47856
schedule.	47857

(4) The amount and purpose of any issue of debt obligations	47858
that will be issued, together with assurances that any such debt	47859
obligations that will be issued will not exceed debt limits	47860
supported by appropriate certifications by the fiscal officer of	47861
the school district and the county auditor. Debt obligations	47862
issued pursuant to section 133.301 of the Revised Code shall	47863
include assurances that such debt shall be in an amount not to	47864
exceed the amount certified under division (B) of such section. If	47865
the commission considers it necessary in order to maintain or	47866
improve educational opportunities of pupils in the school	47867
district, the plan may include a proposal to restructure or	47868
refinance outstanding debt obligations incurred by the board under	47869
section 3313.483 of the Revised Code contingent upon the approval,	47870
during the period of the fiscal emergency, by district voters of a	47871
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	47872
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	47873
renewal or replacement levy, or a levy under section 5705.199 of	47874
the Revised Code, and that will provide new operating revenue.	47875
Notwithstanding any provision of Chapter 133. or sections 3313.483	47876
to ~~3313.4811~~3313.4810 of the Revised Code, following the required	47877
approval of the district voters and with the approval of the	47878
commission, the school district may issue securities to evidence	47879
the restructuring or refinancing. Those securities may extend the	47880
original period for repayment, not to exceed ten years, and may	47881
alter the frequency and amount of repayments, interest or other	47882
financing charges, and other terms of agreements under which the	47883
debt originally was contracted, at the discretion of the	47884
commission, provided that any loans received pursuant to section	47885
3313.483 of the Revised Code shall be paid from funds the district	47886
would otherwise receive under Chapter 3317. of the Revised Code,	47887
as required under division (E)(3) of section 3313.483 of the	47888
Revised Code. The securities issued for the purpose of	47889
restructuring or refinancing the debt shall be repaid in equal	47890
payments and at equal intervals over the term of the debt and are	47891
not eligible to be included in any subsequent proposal for the	47892
purpose of restructuring or refinancing debt under this section.	47893

(5) An evaluation of the feasibility of entering into shared	47894
services agreements with other political subdivisions for the	47895
joint exercise of any power, performance of any function, or	47896
rendering of any service, if so authorized by statute.	47897

(B) Any financial recovery plan may be amended subsequent to	47898
its adoption. Each financial recovery plan shall be updated	47899
annually.	47900

(C) Each school district financial planning and supervision	47901
commission shall submit the financial recovery plan it adopts or	47902
updates under this section to the state superintendent of public	47903
instruction for approval immediately following its adoption or	47904
updating. The state superintendent shall evaluate the plan and	47905
either approve or disapprove it within thirty calendar days from	47906
the date of its submission. If the plan is disapproved, the state	47907
superintendent shall recommend modifications that will render it	47908
acceptable. No financial planning and supervision commission shall	47909
implement a financial recovery plan that is adopted or updated on	47910
or after April 10, 2001, unless the state superintendent has	47911
approved it.	47912

Sec. 3317.01. As used in this section, "school district,"	47913
unless otherwise specified, means any city, local, exempted	47914
village, joint vocational, or cooperative education school	47915
district and any educational service center.	47916

This chapter shall be administered by the state board of	47917
education. The superintendent of public instruction shall	47918
calculate the amounts payable to each school district and shall	47919
certify the amounts payable to each eligible district to the	47920
treasurer of the district as provided by this chapter. As soon as	47921
possible after such amounts are calculated, the superintendent	47922
shall certify to the treasurer of each school district the	47923
district's adjusted charge-off increase, as defined in section	47924
5705.211 of the Revised Code. Certification of moneys pursuant to	47925
this section shall include the amounts payable to each school	47926
building, at a frequency determined by the superintendent, for	47927
each subgroup of students, as defined in section 3317.40 of the	47928
Revised Code, receiving services, provided for by state funding,	47929
from the district or school. No moneys shall be distributed	47930
pursuant to this chapter without the approval of the controlling	47931
board.	47932

The state board of education shall, in accordance with	47933
appropriations made by the general assembly, meet the financial	47934
obligations of this chapter.	47935

Moneys distributed pursuant to this chapter shall be	47936
calculated based on the annualized average of the monthly	47937
certifications required under section 3317.03 of the Revised Code	47938
and paid on a fiscal year basis, beginning with the first day of	47939
July and extending through the thirtieth day of June. The moneys	47940
appropriated for each fiscal year shall be distributed	47941
periodically to each school district unless otherwise provided	47942
for. The state board, in June of each year, shall submit to the	47943
controlling board the state board's year-end distributions	47944
pursuant to this chapter.	47945

Except as otherwise provided, payments under this chapter	47946
shall be made only to those school districts in which:	47947

(A) The school district, except for any educational service	47948
center and any joint vocational or cooperative education school	47949
district, levies for current operating expenses at least twenty	47950
mills. Levies for joint vocational or cooperative education school	47951
districts or county school financing districts, limited to or to	47952
the extent apportioned to current expenses, shall be included in	47953
this qualification requirement. School district income tax levies	47954
under Chapter 5748. of the Revised Code, limited to or to the	47955
extent apportioned to current operating expenses, shall be	47956
included in this qualification requirement to the extent	47957
determined by the tax commissioner under division (D) of section	47958
3317.021 of the Revised Code.	47959

(B) The school year next preceding the fiscal year for which	47960
such payments are authorized meets the requirement of section	47961
3313.48 ~~or 3313.481~~ of the Revised Code, with regard to the	47962
minimum number of ~~days or~~ hours school must be open for	47963
instruction with pupils in attendance, for individualized	47964
parent-teacher conference and reporting periods, and for	47965
professional meetings of teachers. ~~This requirement shall be~~	47966
~~waived by the superintendent of public instruction if it had been~~	47967
~~necessary for a school to be closed because of disease epidemic,~~	47968
~~hazardous weather conditions, law enforcement emergencies,~~	47969
~~inoperability of school buses or other equipment necessary to the~~	47970
~~school's operation, damage to a school building, or other~~	47971
~~temporary circumstances due to utility failure rendering the~~	47972
~~school building unfit for school use, provided that for those~~	47973
~~school districts operating pursuant to section 3313.48 of the~~	47974
~~Revised Code the number of days the school was actually open for~~	47975
~~instruction with pupils in attendance and for individualized~~	47976
~~parent-teacher conference and reporting periods is not less than~~	47977
~~one hundred seventy-five, or for those school districts operating~~	47978
~~on a trimester plan the number of days the school was actually~~	47979
~~open for instruction with pupils in attendance not less than~~	47980
~~seventy-nine days in any trimester, for those school districts~~	47981
~~operating on a quarterly plan the number of days the school was~~	47982
~~actually open for instruction with pupils in attendance not less~~	47983
~~than fifty-nine days in any quarter, or for those school districts~~	47984
~~operating on a pentamester plan the number of days the school was~~	47985
~~actually open for instruction with pupils in attendance not less~~	47986
~~than forty-four days in any pentamester.~~	47987

A school district shall not be considered to have failed to	47988
comply with this division ~~or section 3313.481 of the Revised Code~~	47989
because schools were open for instruction but either twelfth grade	47990
students were excused from attendance for up to the equivalent of	47991
three school days or only a portion of the kindergarten students	47992
were in attendance for up to the equivalent of three school days	47993
in order to allow for the gradual orientation to school of such	47994
students.	47995

~~The superintendent of public instruction shall waive the~~	47996
~~requirements of this section with reference to the minimum number~~	47997
~~of days or hours school must be in session with pupils in~~	47998
~~attendance for the school year succeeding the school year in which~~	47999
~~a board of education initiates a plan of operation pursuant to~~	48000
~~section 3313.481 of the Revised Code. The minimum requirements of~~	48001
~~this section shall again be applicable to such a district~~	48002
~~beginning with the school year commencing the second July~~	48003
~~succeeding the initiation of one such plan, and for each school~~	48004
~~year thereafter.~~	48005

~~A school district shall not be considered to have failed to~~	48006
~~comply with this division or section 3313.48 or 3313.481 of the~~	48007
~~Revised Code because schools were open for instruction but the~~	48008
~~length of the regularly scheduled school day, for any number of~~	48009
~~days during the school year, was reduced by not more than two~~	48010
~~hours due to hazardous weather conditions.~~	48011

A board of education or governing board of an educational	48012
service center which has not conformed with other law and the	48013
rules pursuant thereto, shall not participate in the distribution	48014
of funds authorized by this chapter, except for good and	48015
sufficient reason established to the satisfaction of the state	48016
board of education and the state controlling board.	48017

All funds allocated to school districts under this chapter,	48018
except those specifically allocated for other purposes, shall be	48019
used to pay current operating expenses only.	48020

Sec. 3317.013. ~~Except for a preschool child with a~~	48021
~~disability for whom a scholarship has been awarded under section~~	48022
~~3310.41 of the Revised Code, this section does not apply to~~	48023
~~preschool children with disabilities.~~	48024

~~Analysis of special education cost data has resulted in a~~	48025
~~finding that the average special education additional cost per~~	48026
~~pupil, including the costs of related services, can be expressed~~	48027
~~as a multiple of the formula amount.~~ The multiples for the	48028
following categories of special education programs, as these	48029
programs are defined for purposes of Chapter 3323. of the Revised	48030
Code, and adjusted as provided in this section, are as follows:	48031

(A) A multiple of 0.2906 for students whose primary or only	48032
identified disability is a speech and language disability, as this	48033
term is defined pursuant to Chapter 3323. of the Revised Code;	48034

(B) A multiple of 0.7374 for students identified as specific	48035
learning disabled or developmentally disabled, as these terms are	48036
defined pursuant to Chapter 3323. of the Revised Code, or	48037
identified as having an other health impairment-minor, or	48038
identified as a preschool child who is developmentally delayed;	48039

(C) A multiple of 1.7716 for students identified as hearing	48040
disabled or severe behavior disabled, as these terms are defined	48041
pursuant to Chapter 3323. of the Revised Code;	48042

(D) A multiple of 2.3643 for students identified as vision	48043
impaired, as this term is defined pursuant to Chapter 3323. of the	48044
Revised Code, or as having an other health impairment-major;	48045

(E) A multiple of 3.2022 for students identified as	48046
orthopedically disabled or as having multiple disabilities, as	48047
these terms are defined pursuant to Chapter 3323. of the Revised	48048
Code;	48049

(F) A multiple of 4.7205 for students identified as autistic,	48050
having traumatic brain injuries, or as both visually and hearing	48051
impaired, as these terms are defined pursuant to Chapter 3323. of	48052
the Revised Code.	48053

~~In fiscal years 2008, 2009, 2010, 2011, 2012, and 2013, the~~	48054
The multiples specified in divisions (A) to (F) of this section	48055
shall be adjusted by multiplying them by 0.90.	48056

Sec. 3317.014. The career-technical education additional	48057
cost per pupil for each student enrolled in career-technical	48058
education programs approved by the department of education in	48059
accordance with rules adopted under section 3313.90 of the Revised	48060
Code can be expressed as a multiple of the formula amount. The	48061
multiples for the following categories of career-technical	48062
education programs are as follows:	48063

(A) A multiple of 0.76 for each student enrolled in	48064
career-technical education workforce development programs in	48065
environmental and agricultural systems, construction technologies,	48066
engineering and science technologies, finance, health science,	48067
information technology, and manufacturing technologies;	48068

(B) A multiple of 0.68 for each student enrolled in workforce	48069
development programs in business and administration, hospitality	48070
and tourism, human services, law and public safety, and	48071
transportation systems;	48072

(C) A multiple of 0.43 for students enrolled in workforce	48073
development career-based intervention programs;	48074

(D) A multiple of 0.31 for students enrolled in workforce	48075
development programs in arts and communications, education and	48076
training, marketing, workforce development academics, and career	48077
development;	48078

(E) A multiple of 0.24 for students enrolled in family and	48079
consumer science programs.	48080

Career-technical education associated services costs can be	48081
expressed as a multiple of 0.05 of the formula amount.	48082

Sec. 3317.016. The amounts for limited English proficient	48083
students shall be as follows:	48084

(A) An amount of $1,500, in fiscal year 2014, and $1,515, in	48085
fiscal year 2015, for each student who has been enrolled in	48086
schools in the United States for 180 school days or less and was	48087
not previously exempted from taking the spring administration of	48088
either of the state's English language arts assessments prescribed	48089
by section 3301.0710 of the Revised Code (reading or writing).	48090

(B) An amount of $1,125, in fiscal year 2014, and $1,136, in	48091
fiscal year 2015, for each student who has been enrolled in	48092
schools in the United States for more than 180 school days or was	48093
previously exempted from taking the spring administration of	48094
either of the state's English language arts assessments prescribed	48095
by section 3301.0710 of the Revised Code (reading or writing).	48096

(C) An amount of $750, in fiscal year 2014, and $758, in	48097
fiscal year 2015, for each student who does not qualify for	48098
inclusion under division (A) or (B) of this section and is in a	48099
trial-mainstream period, as defined by the department.	48100

Sec. 3317.017. The department of education shall compute a	48101
school district's state share index as follows:	48102

(A) Calculate the district's valuation index, which equals	48103
the following quotient:	48104

(The district's three-year average valuation / the district's	48105
total ADM) / (the statewide three-year average valuation for	48106
school districts with a total ADM greater than zero / the	48107
statewide total ADM)	48108

(B) Calculate the district's median income index, which	48109
equals the following quotient:	48110

(The district's median Ohio adjusted gross income / the	48111
median of the median Ohio adjusted gross income of all districts	48112
statewide)	48113

48114

(1) If the district's median income index is less than the	48115
district's valuation index, then the district's wealth index shall	48116
be equal to [(1/3 X the district's median income index) + (2/3 X	48117
the district's valuation index)].	48118

(2) If the district's median income index is greater than or	48119
equal to the district's valuation index, then the district's	48120
wealth index shall be equal to the district's valuation index.	48121

(D) Determine the district's state share index as follows:

48122

(1) If the district's wealth index is less than or equal to	48123
0.35, then the district's state share index shall be equal to	48124
0.90.	48125

(2) If the district's wealth index is greater than 0.35 but	48126
less than or equal to 0.90, then the district's state share index	48127
shall be equal to {0.40 X [(0.90 – the district's wealth index) /	48128
0.55]} + 0.50.	48129

(3) If the district's wealth index is greater than 0.90 but	48130
less than 1.8, then the district's state share index shall be	48131
equal to {0.45 X [(1.8 – the district's wealth index) / 0.9]} +	48132
0.05.	48133

(4) If the district's wealth index is greater than or equal	48134
to 1.8, then the district's state share index shall be equal to	48135
0.05.	48136

(E)(1) For each school district for which the tax-exempt	48137
value of the district, as certified under division (A)(4) of	48138
section 3317.021 of the Revised Code, equals or exceeds thirty per	48139
cent of the potential value of the district, the department shall	48140
calculate the difference between the district's tax-exempt value	48141
and thirty per cent of the district's potential value. For this	48142
purpose, the "potential value" of a school district is the	48143
three-year average valuation of the district plus the tax-exempt	48144
value of the district.	48145

(2) For each school district to which division (E)(1) of this	48146
section applies, the department shall adjust the three-year	48147
average valuation used in the calculation under division (A) of	48148
this section by subtracting from it the amount calculated under	48149
division (E)(1) of this section.	48150

(F) When performing the calculations required under this	48151
section, the department shall not round to fewer than four decimal	48152
places.	48153

For purposes of these calculations for fiscal years 2014 and	48154
2015, "three-year average valuation" means the average of total	48155
taxable value for fiscal years 2012, 2013, and 2014; "total ADM"	48156
means the total ADM for fiscal year 2014; "median Ohio adjusted	48157
gross income" means the median Ohio adjusted gross income for tax	48158
year 2011; and "tax-exempt value" means the tax-exempt value for	48159
fiscal year 2014.	48160

Sec. 3317.02. As used in this chapter:

48161

(A)(1) "Category one career-technical education ADM" means	48162
the average daily membership of students receiving	48163
career-technical education services described in division (A) of	48164
section 3317.014 of the Revised Code and reported under division	48165
(B)(11) or (D)(2)(h) of section 3317.03 of the Revised Code.	48166

(2) "Category two career-technical education ADM" means the	48167
average daily membership of students receiving career-technical	48168
education services described in division (B) of section 3317.014	48169
of the Revised Code and reported under division (B)(12) or	48170
(D)(2)(i) of section 3317.03 of the Revised Code.	48171

(3) "Category three career-technical education ADM" means the	48172
average daily membership of students receiving career-technical	48173
education services described in division (C) of section 3317.014	48174
of the Revised Code and reported under division (B)(13) or	48175
(D)(2)(j) of section 3317.03 of the Revised Code.	48176

(4) "Category four career-technical education ADM" means the	48177
average daily membership of students receiving career-technical	48178
education services described in division (D) of section 3317.014	48179
of the Revised Code and reported under division (B)(14) or	48180
(D)(2)(k) of section 3317.03 of the Revised Code.	48181

(5) "Category five career-technical education ADM" means the	48182
average daily membership of students receiving career-technical	48183
education services described in division (E) of section 3317.014	48184
of the Revised Code and reported under division (B)(15) or	48185
(D)(2)(l) of section 3317.03 of the Revised Code.	48186

(B)(1) "Category one limited English proficient ADM" means	48187
the average daily membership of limited English proficient	48188
students described in division (A) of section 3317.016 of the	48189
Revised Code and reported under division (B)(16) or (D)(2)(m) of	48190
section 3317.03 of the Revised Code.	48191

(2) "Category two limited English proficient ADM" means the	48192
average daily membership of limited English proficient students	48193
described in division (B) of section 3317.016 of the Revised Code	48194
and reported under division (B)(17) or (D)(2)(n) of section	48195
3317.03 of the Revised Code.	48196

(3) "Category three limited English proficient ADM" means the	48197
average daily membership of limited English proficient students	48198
described in division (C) of section 3317.016 of the Revised Code	48199
and reported under division (B)(18) or (D)(2)(o) of section	48200
3317.03 of the Revised Code.	48201

(C)(1) "Category one special education ADM" means the average	48202
daily membership of children with disabilities receiving special	48203
education services for the disability specified in division (A) of	48204
section 3317.013 of the Revised Code and reported under division	48205
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	48206

(2) "Category two special education ADM" means the average	48207
daily membership of children with disabilities receiving special	48208
education services for those disabilities specified in division	48209
(B) of section 3317.013 of the Revised Code and reported under	48210
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	48211
Code.	48212

(3) "Category three special education ADM" means the average	48213
daily membership of students receiving special education services	48214
for those disabilities specified in division (C) of section	48215
3317.013 of the Revised Code, and reported under division (B)(7)	48216
or (D)(2)(d) of section 3317.03 of the Revised Code.	48217

(4) "Category four special education ADM" means the average	48218
daily membership of students receiving special education services	48219
for those disabilities specified in division (D) of section	48220
3317.013 of the Revised Code and reported under division (B)(8) or	48221
(D)(2)(e) of section 3317.03 of the Revised Code.	48222

(5) "Category five special education ADM" means the average	48223
daily membership of students receiving special education services	48224
for the disabilities specified in division (E) of section 3317.013	48225
of the Revised Code and reported under division (B)(9) or	48226
(D)(2)(f) of section 3317.03 of the Revised Code.	48227

(6) "Category six special education ADM" means the average	48228
daily membership of students receiving special education services	48229
for the disabilities specified in division (F) of section 3317.013	48230
of the Revised Code and reported under division (B)(10) or	48231
(D)(2)(g) of section 3317.03 of the Revised Code.	48232

(D) "County DD board" means a county board of developmental	48233
disabilities.	48234

(E) "Economically disadvantaged index for a school district"	48235
means the square of the quotient of that district's percentage of	48236
students in its total ADM who are identified as economically	48237
disadvantaged as defined by the department of education, divided	48238
by the statewide percentage of students identified as economically	48239
disadvantaged.	48240

(F)(1) "Formula ADM" means, for a city, local, or exempted	48241
village school district, the average daily membership described in	48242
division (A) of section 3317.03 of the Revised Code, as verified	48243
by the superintendent of public instruction and adjusted if so	48244
ordered under division (K) of that section, and as further	48245
adjusted by counting only twenty per cent of the number of joint	48246
vocational school district students counted under division (A)(3)	48247
of section 3317.03 of the Revised Code.	48248

(2) "Formula ADM" means, for a joint vocational school	48249
district, the final number verified by the superintendent of	48250
public instruction, based on the number reported pursuant to	48251
division (D) of section 3317.03 of the Revised Code, as adjusted,	48252
if so ordered, under division (K) of that section.	48253

(G) "Formula amount" means $5,732, for fiscal year 2014, and	48254
$5,789, for fiscal year 2015.	48255

(H) "FTE basis" means a count of students based on full-time	48256
equivalency, in accordance with rules adopted by the department of	48257
education pursuant to section 3317.03 of the Revised Code. In	48258
adopting its rules under this division, the department shall	48259
provide for counting any student in category one, two, three,	48260
four, five, or six special education ADM or in category one, two,	48261
three, four, or five career technical education ADM in the same	48262
proportion the student is counted in formula ADM.	48263

(I) "Internet- or computer-based community school" has the	48264
same meaning as in section 3314.02 of the Revised Code.	48265

(J) "Medically fragile child" means a child to whom all of	48266
the following apply:	48267

(1) The child requires the services of a doctor of medicine	48268
or osteopathic medicine at least once a week due to the	48269
instability of the child's medical condition.	48270

(2) The child requires the services of a registered nurse on	48271
a daily basis.	48272

(3) The child is at risk of institutionalization in a	48273
hospital, skilled nursing facility, or intermediate care facility	48274
for the mentally retarded.	48275

(K)(1) A child may be identified as having an "other health	48276
impairment-major" if the child's condition meets the definition of	48277
"other health impaired" established in rules previously adopted by	48278
the state board of education and if either of the following apply:	48279

(a) The child is identified as having a medical condition	48280
that is among those listed by the superintendent of public	48281
instruction as conditions where a substantial majority of cases	48282
fall within the definition of "medically fragile child."	48283

(b) The child is determined by the superintendent of public	48284
instruction to be a medically fragile child. A school district	48285
superintendent may petition the superintendent of public	48286
instruction for a determination that a child is a medically	48287
fragile child.	48288

(2) A child may be identified as having an "other health	48289
impairment-minor" if the child's condition meets the definition of	48290
"other health impaired" established in rules previously adopted by	48291
the state board of education but the child's condition does not	48292
meet either of the conditions specified in division (K)(1)(a) or	48293
(b) of this section.	48294

(L) "Preschool child with a disability" means a child with a	48295
disability, as defined in section 3323.01 of the Revised Code, who	48296
is at least age three but is not of compulsory school age, as	48297
defined in section 3321.01 of the Revised Code, and who is not	48298
currently enrolled in kindergarten.	48299

(M) "Preschool scholarship ADM" means the number of preschool	48300
children with disabilities reported under division (B)(3)(h) of	48301
section 3317.03 of the Revised Code.	48302

(N) "Related services" includes:

48303

(1) Child study, special education supervisors and	48304
coordinators, speech and hearing services, adaptive physical	48305
development services, occupational or physical therapy, teacher	48306
assistants for children with disabilities whose disabilities are	48307
described in division (B) of section 3317.013 or division (B)(3)	48308
of this section, behavioral intervention, interpreter services,	48309
work study, nursing services, and specialized integrative services	48310
as those terms are defined by the department;	48311

(2) Speech and language services provided to any student with	48312
a disability, including any student whose primary or only	48313
disability is a speech and language disability;	48314

(3) Any related service not specifically covered by other	48315
state funds but specified in federal law, including but not	48316
limited to, audiology and school psychological services;	48317

(4) Any service included in units funded under former	48318
division (O)(1) of section 3317.024 of the Revised Code;	48319

(5) Any other related service needed by children with	48320
disabilities in accordance with their individualized education	48321
programs.	48322

(O) "School district," unless otherwise specified, means	48323
city, local, and exempted village school districts.	48324

(P) "State education aid" has the same meaning as in section	48325
5751.20 of the Revised Code.	48326

(Q) "State share index" means the state share index	48327
calculated for a district under section 3317.017 of the Revised	48328
Code.	48329

(R) "Taxes charged and payable" means the taxes charged and	48330
payable against real and public utility property after making the	48331
reduction required by section 319.301 of the Revised Code, plus	48332
the taxes levied against tangible personal property.	48333

(S) "Total ADM" means, for a city, local, or exempted village	48334
school district, the average daily membership described in	48335
division (A) of section 3317.03 of the Revised Code, as verified	48336
by the superintendent of public instruction and adjusted if so	48337
ordered under division (K) of that section.	48338

(T) "Total career-technical education weight" for a district	48339
means the sum of the following:	48340

(1) The district's category one career-technical education	48341
ADM multiplied by the multiple specified in division (A) of	48342
section 3317.014 of the Revised Code;	48343

(2) The district's category two career-technical education	48344
ADM multiplied by the multiple specified in division (B) of	48345
section 3317.014 of the Revised Code;	48346

(3) The district's category three career-technical education	48347
ADM multiplied by the multiple specified in division (C) of	48348
section 3317.014 of the Revised Code;	48349

(4) The district's category four career-technical education	48350
ADM multiplied by the multiple specified in division (D) of	48351
section 3317.014 of the Revised Code;	48352

(5) The district's category five career-technical education	48353
ADM multiplied by the multiple specified in division (E) of	48354
section 3317.014 of the Revised Code.	48355

(U) "Total special education ADM" means the sum of categories	48356
one through six special education ADM.	48357

(V) "Total special education weight" for a district means the	48358
sum of the following:	48359

(1) The district's category one special education ADM	48360
multiplied by the multiple specified in division (A) of section	48361
3317.013 of the Revised Code;	48362

(2) The district's category two special education ADM	48363
multiplied by the multiple specified in division (B) of section	48364
3317.013 of the Revised Code;	48365

(3) The district's category three special education ADM	48366
multiplied by the multiple specified in division (C) of section	48367
3317.013 of the Revised Code;	48368

(4) The district's category four special education ADM	48369
multiplied by the multiple specified in division (D) of section	48370
3317.013 of the Revised Code;	48371

(5) The district's category five special education ADM	48372
multiplied by the multiple specified in division (E) of section	48373
3317.013 of the Revised Code;	48374

(6) The district's category six special education ADM	48375
multiplied by the multiple specified in division (F) of section	48376
3317.013 of the Revised Code.	48377

(W) "Total taxable value" means the sum of the amounts	48378
certified for a city, local, exempted village, or joint vocational	48379
school district under divisions (A)(1) and (2) of section 3317.021	48380
of the Revised Code.	48381

Sec. 3317.021. (A) On or before the first day of June of	48382
each year, the tax commissioner shall certify to the department of	48383
education and the office of budget and management the information	48384
described in divisions (A)(1) to (7) of this section for each	48385
city, exempted village, and local school district, and the	48386
information required by divisions (A)(1) and (2) of this section	48387
for each joint vocational school district, and it shall be used,	48388
along with the information certified under division (B) of this	48389
section, in making the computations for the district under this	48390
chapter.	48391

(1) The taxable value of real and public utility real	48392
property in the school district subject to taxation in the	48393
preceding tax year, by class and by county of location.	48394

(2) The taxable value of tangible personal property,	48395
including public utility personal property, subject to taxation by	48396
the district for the preceding tax year.	48397

(3)(a) The total property tax rate and total taxes charged	48398
and payable for the current expenses for the preceding tax year	48399
and the total property tax rate and the total taxes charged and	48400
payable to a joint vocational district for the preceding tax year	48401
that are limited to or to the extent apportioned to current	48402
expenses.	48403

(b) The portion of the amount of taxes charged and payable	48404
reported for each city, local, and exempted village school	48405
district under division (A)(3)(a) of this section attributable to	48406
a joint vocational school district.	48407

(4) The value of all real and public utility real property in	48408
the school district exempted from taxation minus both of the	48409
following:	48410

(a) The value of real and public utility real property in the	48411
district owned by the United States government and used	48412
exclusively for a public purpose;	48413

(b) The value of real and public utility real property in the	48414
district exempted from taxation under Chapter 725. or 1728. or	48415
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	48416
5709.73, or 5709.78 of the Revised Code.	48417

(5) The total federal adjusted gross income of the residents	48418
of the school district, based on tax returns filed by the	48419
residents of the district, for the most recent year for which this	48420
information is available.	48421

~~(6) The sum of the school district compensation value as~~	48422
~~indicated on the list of exempted property for the preceding tax~~	48423
~~year under section 5713.08 of the Revised Code as if such property~~	48424
~~had been assessed for taxation that year and the other~~	48425
~~compensation value for the school district, minus the amounts~~	48426
~~described in divisions (A)(6)(c) to (i) of this section. The~~	48427
~~portion of school district compensation value or other~~	48428
~~compensation value attributable to an incentive district exemption~~	48429
~~may be subtracted only once even if that incentive district~~	48430
~~satisfies more than one of the criteria in divisions (A)(6)(c) to~~	48431
~~(i) of this section.~~	48432

~~(a) "School district compensation value" means the aggregate~~	48433
~~value of real property in the school district exempted from~~	48434
~~taxation pursuant to an ordinance or resolution adopted under~~	48435
~~division (C) of section 5709.40, division (C) of section 5709.73,~~	48436
~~or division (B) of section 5709.78 of the Revised Code to the~~	48437
~~extent that the exempted value results in the charging of payments~~	48438
~~in lieu of taxes required to be paid to the school district under~~	48439
~~division (D)(1) or (2) of section 5709.40, division (D) of section~~	48440
~~5709.73, or division (C) of section 5709.78 of the Revised Code.~~	48441

~~(b) "Other compensation value" means the quotient that~~	48442
~~results from dividing (i) the dollar value of compensation~~	48443
~~received by the school district during the preceding tax year~~	48444
~~pursuant to division (B), (C), or (D) of section 5709.82 of the~~	48445
~~Revised Code and the amounts received pursuant to an agreement as~~	48446
~~specified in division (D)(2) of section 5709.40, division (D) of~~	48447
~~section 5709.73, or division (C) of section 5709.78 of the Revised~~	48448
~~Code to the extent those amounts were not previously reported or~~	48449
~~included in division (A)(6)(a) of this section, and so that any~~	48450
~~such amount is reported only once under division (A)(6)(b) of this~~	48451
~~section, in relation to exemptions from taxation granted pursuant~~	48452
~~to an ordinance or resolution adopted under division (C) of~~	48453
~~section 5709.40, division (C) of section 5709.73, or division (B)~~	48454
~~of section 5709.78 of the Revised Code, by (ii) the real property~~	48455
~~tax rate in effect for the preceding tax year for~~	48456
~~nonresidential/agricultural real property after making the~~	48457
~~reductions required by section 319.301 of the Revised Code.~~	48458

~~(c) The portion of school district compensation value or~~	48459
~~other compensation value that was exempted from taxation pursuant~~	48460
~~to such an ordinance or resolution for the preceding tax year, if~~	48461
~~the ordinance or resolution is adopted prior to January 1, 2006,~~	48462
~~and the legislative authority or board of township trustees or~~	48463
~~county commissioners, prior to January 1, 2006, executes a~~	48464
~~contract or agreement with a developer, whether for-profit or~~	48465
~~not-for-profit, with respect to the development of a project~~	48466
~~undertaken or to be undertaken and identified in the ordinance or~~	48467
~~resolution, and upon which parcels such project is being, or will~~	48468
~~be, undertaken;~~	48469

~~(d) The portion of school district compensation value that~~	48470
~~was exempted from taxation for the preceding tax year and for~~	48471
~~which payments in lieu of taxes for the preceding tax year were~~	48472
~~provided to the school district under division (D)(1) of section~~	48473
~~5709.40 of the Revised Code.~~	48474

~~(e) The portion of school district compensation value that~~	48475
~~was exempted from taxation for the preceding tax year pursuant to~~	48476
~~such an ordinance or resolution, if and to the extent that, on or~~	48477
~~before April 1, 2006, the fiscal officer of the municipal~~	48478
~~corporation that adopted the ordinance, or of the township or~~	48479
~~county that adopted the resolution, certifies and provides~~	48480
~~appropriate supporting documentation to the tax commissioner and~~	48481
~~the director of development that, based on hold-harmless~~	48482
~~provisions in any agreement between the school district and the~~	48483
~~legislative authority of the municipal corporation, board of~~	48484
~~township trustees, or board of county commissioners that was~~	48485
~~entered into on or before June 1, 2005, the ability or obligation~~	48486
~~of the municipal corporation, township, or county to repay bonds,~~	48487
~~notes, or other financial obligations issued or entered into prior~~	48488
~~to January 1, 2006, will be impaired, including obligations to or~~	48489
~~of any other body corporate and politic with whom the legislative~~	48490
~~authority of the municipal corporation or board of township~~	48491
~~trustees or county commissioners has entered into an agreement~~	48492
~~pertaining to the use of service payments derived from the~~	48493
~~improvements exempted;~~	48494

~~(f) The portion of school district compensation value that~~	48495
~~was exempted from taxation for the preceding tax year pursuant to~~	48496
~~such an ordinance or resolution, if the ordinance or resolution is~~	48497
~~adopted prior to January 1, 2006, in a municipal corporation with~~	48498
~~a population that exceeds one hundred thousand, as shown by the~~	48499
~~most recent federal decennial census, that includes a major~~	48500
~~employment center and that is adjacent to historically distressed~~	48501
~~neighborhoods, if the legislative authority of the municipal~~	48502
~~corporation that exempted the property prepares an economic~~	48503
~~analysis that demonstrates that all taxes generated within the~~	48504
~~incentive district accruing to the state by reason of improvements~~	48505
~~constructed within the district during its existence exceed the~~	48506
~~amount the state pays the school district under section 3317.022~~	48507
~~of the Revised Code attributable to such property exemption from~~	48508
~~the school district's recognized valuation. The analysis shall be~~	48509
~~submitted to and approved by the department of development prior~~	48510
~~to January 1, 2006, and the department shall not unreasonably~~	48511
~~withhold approval.~~	48512

~~(g) The portion of school district compensation value that~~	48513
~~was exempted from taxation for the preceding tax year under such~~	48514
~~an ordinance or resolution, if the ordinance or resolution is~~	48515
~~adopted prior to January 1, 2006, and if service payments have~~	48516
~~been pledged to be used for mixed-use riverfront entertainment~~	48517
~~development in any county with a population that exceeds six~~	48518
~~hundred thousand, as shown by the most recent federal decennial~~	48519
~~census;~~	48520

~~(h) The portion of school district compensation value that~~	48521
~~was exempted from taxation for the preceding tax year under such~~	48522
~~an ordinance or resolution, if, prior to January 1, 2006, the~~	48523
~~legislative authority of a municipal corporation, board of~~	48524
~~township trustees, or board of county commissioners has pledged~~	48525
~~service payments for a designated transportation capacity project~~	48526
~~approved by the transportation review advisory council under~~	48527
~~Chapter 5512. of the Revised Code;~~	48528

~~(i) The portion of school district compensation value that~~	48529
~~was exempted from taxation for the preceding tax year under such~~	48530
~~an ordinance or resolution if the legislative authority of a~~	48531
~~municipal corporation, board of township trustees, or board of~~	48532
~~county commissioners have, by January 1, 2006, pledged proceeds~~	48533
~~for designated transportation improvement projects that involve~~	48534
~~federal funds for which the proceeds are used to meet a local~~	48535
~~share match requirement for such funding.~~	48536

~~As used in division (A)(6) of this section, "project" has the~~	48537
~~same meaning as in section 5709.40 of the Revised Code.~~	48538

~~(7) The aggregate value of real property in the school~~	48539
~~district for which an exemption from taxation is granted by an~~	48540
~~ordinance or resolution adopted on or after January 1, 2006, under~~	48541
~~Chapter 725. or 1728., sections 3735.65 to 3735.70, or section~~	48542
~~5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised~~	48543
~~Code, as indicated on the list of exempted property for the~~	48544
~~preceding tax year under section 5713.08 of the Revised Code and~~	48545
~~as if such property had been assessed for taxation that year,~~	48546
~~minus the product determined by multiplying (a) the aggregate~~	48547
~~value of the real property in the school district exempted from~~	48548
~~taxation for the preceding tax year under any of the chapters or~~	48549
~~sections specified in this division, by (b) a fraction, the~~	48550
~~numerator of which is the difference between (i) the amount of~~	48551
~~anticipated revenue such school district would have received for~~	48552
~~the preceding tax year if the real property exempted from taxation~~	48553
~~had not been exempted from taxation and (ii) the aggregate amount~~	48554
~~of payments in lieu of taxes on the exempt real property for the~~	48555
~~preceding tax year and other compensation received for the~~	48556
~~preceding tax year by the school district pursuant to any~~	48557
~~agreements entered into on or after January 1, 2006, under section~~	48558
~~5709.82 of the Revised Code between the school district and the~~	48559
~~legislative authority of a political subdivision that acted under~~	48560
~~the authority of a chapter or statute specified in this division,~~	48561
~~that were entered into in relation to such exemption, and the~~	48562
~~denominator of which is the amount of anticipated revenue such~~	48563
~~school district would have received in the preceding fiscal year~~	48564
~~if the real property exempted from taxation had not been exempted.~~	48565

(B) On or before the first day of May each year, the tax	48566
commissioner shall certify to the department of education and the	48567
office of budget and management the total taxable real property	48568
value of railroads and, separately, the total taxable tangible	48569
personal property value of all public utilities for the preceding	48570
tax year, by school district and by county of location.	48571

(C) If a public utility has properly and timely filed a	48572
petition for reassessment under section 5727.47 of the Revised	48573
Code with respect to an assessment issued under section 5727.23 of	48574
the Revised Code affecting taxable property apportioned by the tax	48575
commissioner to a school district, the taxable value of public	48576
utility tangible personal property included in the certification	48577
under divisions (A)(2) and (B) of this section for the school	48578
district shall include only the amount of taxable value on the	48579
basis of which the public utility paid tax for the preceding year	48580
as provided in division (B)(1) or (2) of section 5727.47 of the	48581
Revised Code.	48582

(D) If on the basis of the information certified under	48583
division (A) of this section, the department determines that any	48584
district fails in any year to meet the qualification requirement	48585
specified in division (A) of section 3317.01 of the Revised Code,	48586
the department shall immediately request the tax commissioner to	48587
determine the extent to which any school district income tax	48588
levied by the district under Chapter 5748. of the Revised Code	48589
shall be included in meeting that requirement. Within five days of	48590
receiving such a request from the department, the tax commissioner	48591
shall make the determination required by this division and report	48592
the quotient obtained under division (D)(3) of this section to the	48593
department and the office of budget and management. This quotient	48594
represents the number of mills that the department shall include	48595
in determining whether the district meets the qualification	48596
requirement of division (A) of section 3317.01 of the Revised	48597
Code.	48598

The tax commissioner shall make the determination required by	48599
this division as follows:	48600

(1) Multiply one mill times the total taxable value of the	48601
district as determined in divisions (A)(1) and (2) of this	48602
section;	48603

(2) Estimate the total amount of tax liability for the	48604
current tax year under taxes levied by Chapter 5748. of the	48605
Revised Code that are apportioned to current operating expenses of	48606
the district, excluding any income tax receipts allocated for the	48607
project cost, debt service, or maintenance set-aside associated	48608
with a state-assisted classroom facilities project as authorized	48609
by section 3318.052 of the Revised Code;	48610

(3) Divide the amount estimated under division (D)(2) of this	48611
section by the product obtained under division (D)(1) of this	48612
section.	48613

~~(E)(1) On or before June 1, 2006, and the first day of April~~	48614
~~of each year thereafter, the director of development shall report~~	48615
~~to the department of education, the tax commissioner, and the~~	48616
~~director of budget and management the total amounts of payments~~	48617
~~received by each city, local, exempted village, or joint~~	48618
~~vocational school district for the preceding tax year pursuant to~~	48619
~~division (D) of section 5709.40, division (D) of section 5709.73,~~	48620
~~division (C) of section 5709.78, or division (B)(1), (B)(2), (C),~~	48621
~~or (D) of section 5709.82 of the Revised Code in relation to~~	48622
~~exemptions from taxation granted pursuant to an ordinance adopted~~	48623
~~by the legislative authority of a municipal corporation under~~	48624
~~division (C) of section 5709.40 of the Revised Code, or a~~	48625
~~resolution adopted by a board of township trustees or board of~~	48626
~~county commissioners under division (C) of section 5709.73 or~~	48627
~~division (B) of section 5709.78 of the Revised Code, respectively.~~	48628
~~On or before April 1, 2006, and the first day of March of each~~	48629
~~year thereafter, the treasurer of each city, local, exempted~~	48630
~~village, or joint vocational school district that has entered into~~	48631
~~such an agreement shall report to the director of development the~~	48632
~~total amounts of such payments the district received for the~~	48633
~~preceding tax year as provided in this section. The state board of~~	48634
~~education, in accordance with sections 3319.31 and 3319.311 of the~~	48635
~~Revised Code, may suspend or revoke the license of a treasurer~~	48636
~~found to have willfully reported erroneous, inaccurate, or~~	48637
~~incomplete data under this division.~~	48638

~~(2) On or before April 1, 2007, and the first day of April of~~	48639
~~each year thereafter, the director of development shall report to~~	48640
~~the department of education, the tax commissioner, and the~~	48641
~~director of budget and management the total amounts of payments~~	48642
~~received by each city, local, exempted village, or joint~~	48643
~~vocational school district for the preceding tax year pursuant to~~	48644
~~divisions (B), (C), and (D) of section 5709.82 of the Revised Code~~	48645
~~in relation to exemptions from taxation granted pursuant to~~	48646
~~ordinances or resolutions adopted on or after January 1, 2006,~~	48647
~~under Chapter 725. or 1728., sections 3735.65 to 3735.70, or~~	48648
~~section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the~~	48649
~~Revised Code. On or before March 1, 2007, and the first day of~~	48650
~~March of each year thereafter, the treasurer of each city, local,~~	48651
~~exempted village, or joint vocational school district that has~~	48652
~~entered into such an agreement shall report to the director of~~	48653
~~development the total amounts of such payments the district~~	48654
~~received for the preceding tax year as provided by this section.~~	48655
~~The state board of education, in accordance with sections 3319.31~~	48656
~~and 3319.311 of the Revised Code, may suspend or revoke the~~	48657
~~license of a treasurer found to have willfully reported erroneous,~~	48658
~~inaccurate, or incomplete data under this division.~~	48659

Sec. 3317.022. (A) The department of education shall compute	48660
and distribute state core foundation funding to each eligible	48661
school district for the fiscal year, using the information	48662
obtained under section 3317.021 of the Revised Code in the	48663
calendar year in which the fiscal year begins, as prescribed in	48664
the following divisions:	48665

(1) An opportunity grant calculated according to the	48666
following formula:	48667

The formula amount X formula ADM X the district's state share	48668
index	48669

(2) Targeted assistance funds calculated under divisions (A)	48670
and (B) of section 3317.0217 of the Revised Code;	48671

(3) Additional state aid for special education and related	48672
services provided under Chapter 3323. of the Revised Code	48673
calculated according to the following formula:	48674

The formula amount X the district's total special education	48675

weight X the district's state share index	48676

(4) Kindergarten through third grade literacy funds	48677
calculated according to the following formula:	48678

($300, in fiscal year 2014, or $303, in fiscal year 2015) X	48679
formula ADM for grades kindergarten through three X the district's	48680
state share index	48681

(5) Economically disadvantaged funds calculated according to	48682
the following formula:	48683

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	48684
(the district's economically disadvantaged index) X the number of	48685
students who are economically disadvantaged as reported under	48686
division (B)(21) of section 3317.03 of the Revised Code	48687

(6) Limited English proficiency funds calculated as the sum	48688
of the following:	48689

(a) The district's category one limited English proficient	48690
ADM X the amount specified in division (A) of section 3317.016 of	48691
the Revised Code X the district's state share index;	48692

(b) The district's category two limited English proficient	48693
ADM X the amount specified in division (B) of section 3317.016 of	48694
the Revised Code X the district's state share index;	48695

(c) The district's category three limited English proficient	48696
ADM X the amount specified in division (C) of section 3317.016 of	48697
the Revised Code X the district's state share index.	48698

(7)(a) Gifted identification funds calculated according to	48699
the following formula:	48700

($5, in fiscal year 2014, or $5.05, in fiscal year 2015) X the	48701

district's formula ADM	48702

(b) Gifted unit funding calculated under section 3317.051 of	48703
the Revised Code.	48704

(8) Career-technical education funds calculated according to	48705
the following formula:	48706

The formula amount X the district's total career-technical	48707

education weight X the district's state share index	48708

Payment of funds under division (A)(8) of this section is	48709
subject to approval under section 3317.161 of the Revised Code.	48710

(9) Career-technical education associated services funds	48711
calculated according to the following formula:	48712

The district's state share index X 0.05 X the formula	48713

amount X the sum of categories one through five career-technical	48714

education ADM	48715

(B) In any fiscal year, a school district shall spend for	48716
purposes that the department designates as approved for special	48717
education and related services expenses at least the amount	48718
calculated as follows:	48719

(The formula amount X the total special education ADM) +	48720

(the formula amount X the district's total special education	48721

weight)	48722

The purposes approved by the department for special education	48723
expenses shall include, but shall not be limited to,	48724
identification of children with disabilities, compliance with	48725
state rules governing the education of children with disabilities	48726
and prescribing the continuum of program options for children with	48727
disabilities, provision of speech language pathology services, and	48728
the portion of the school district's overall administrative and	48729
overhead costs that are attributable to the district's special	48730
education student population.	48731

The scholarships deducted from the school district's account	48732
under sections 3310.41 and 3310.55 of the Revised Code shall be	48733
considered to be an approved special education and related	48734
services expense for the purpose of the school district's	48735
compliance with this division.	48736

(C) In any fiscal year, a school district receiving funds	48737
under division (A)(8) of this section shall spend those funds only	48738
for the purposes that the department designates as approved for	48739
career-technical education expenses. Career-technical educational	48740
expenses approved by the department shall include only expenses	48741
connected to the delivery of career-technical programming to	48742
career-technical students. The department shall require the school	48743
district to report data annually so that the department may	48744
monitor the district's compliance with the requirements regarding	48745
the manner in which funding received under division (A)(8) of this	48746
section may be spent.	48747

(D) In any fiscal year, a school district receiving funds	48748
under division (A)(9) of this section, or through a transfer of	48749
funds pursuant to division (I) of section 3317.023 of the Revised	48750
Code, shall spend those funds only for the purposes that the	48751
department designates as approved for career-technical education	48752
associated services expenses, which may include such purposes as	48753
apprenticeship coordinators, coordinators for other	48754
career-technical education services, career-technical evaluation,	48755
and other purposes designated by the department. The department	48756
may deny payment under division (A)(9) of this section to any	48757
district that the department determines is not operating those	48758
services or is using funds paid under division (A)(9) of this	48759
section, or through a transfer of funds pursuant to division (I)	48760
of section 3317.023 of the Revised Code, for other purposes.	48761

(E) All funds received under division (A)(8) of this section	48762
by either a comprehensive single-district career-technical	48763
planning district or a school district that is a party to a	48764
career-technical educational compact shall be spent in the	48765
following manner:	48766

(1) At least seventy-five per cent of the funds shall be	48767
spent on curriculum development, purchase, and implementation;	48768
instructional resources and supplies; industry-based program	48769
certification; student assessment, credentialing, and placement;	48770
curriculum specific equipment purchases and leases;	48771
career-technical student organization fees and expenses; home and	48772
agency linkages; work-based learning experiences; professional	48773
development; and other costs directly associated with	48774
career-technical education programs including development of new	48775
programs.	48776

(2) Not more than twenty-five per cent of the funds shall be	48777
used for personnel expenditures.	48778

Sec. 3317.023. (A) The amounts required to be paid to a	48779
district under this chapter shall be adjusted by the amount of the	48780
computations made under divisions (B) to (K) of this section.	48781

As used in this section:

48782

(1) "~~VEPD~~CTPD" means a school district or group of school	48783
districts designated by the department of education as being	48784
responsible for the planning for and provision of ~~vocational~~	48785
career-technical education services to students within the	48786
district or group.	48787

(2) "Lead district" means a school district, including a	48788
joint vocational school district, designated by the department as	48789
a ~~VEPD~~CTPD, or designated to provide primary ~~vocational~~	48790
career-technical education leadership within a ~~VEPD~~CTPD composed	48791
of a group of districts.	48792

(B) If a local ~~school district, or a~~, city, or exempted	48793
village school district to which a governing board of an	48794
educational service center provides services pursuant to an	48795
agreement entered into under section 3313.843 of the Revised Code,	48796
deduct the amount of the payment required for the reimbursement of	48797
the governing board under ~~section 3317.11 of the Revised Code~~the	48798
agreement.	48799

(C)(1) If the district is required to pay to or entitled to	48800
receive tuition from another school district under division (C)(2)	48801
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	48802
or if the superintendent of public instruction is required to	48803
determine the correct amount of tuition and make a deduction or	48804
credit under section 3317.08 of the Revised Code, deduct and	48805
credit such amounts as provided in division (J) of section 3313.64	48806
or section 3317.08 of the Revised Code.	48807

(2) For each child for whom the district is responsible for	48808
tuition or payment under division (A)(1) of section 3317.082 or	48809
section 3323.091 of the Revised Code, deduct the amount of tuition	48810
or payment for which the district is responsible.	48811

(D) If the district has been certified by the superintendent	48812
of public instruction under section 3313.90 of the Revised Code as	48813
not in compliance with the requirements of that section, deduct an	48814
amount equal to ten per cent of the amount computed for the	48815
district under this chapter.	48816

(E) If the district has received a loan from a commercial	48817
lending institution for which payments are made by the	48818
superintendent of public instruction pursuant to division (E)(3)	48819
of section 3313.483 of the Revised Code, deduct an amount equal to	48820
such payments.	48821

(F)(1) If the district is a party to an agreement entered	48822
into under division (D), (E), or (F) of section 3311.06 or	48823
division (B) of section 3311.24 of the Revised Code and is	48824
obligated to make payments to another district under such an	48825
agreement, deduct an amount equal to such payments if the district	48826
school board notifies the department in writing that it wishes to	48827
have such payments deducted.	48828

(2) If the district is entitled to receive payments from	48829
another district that has notified the department to deduct such	48830
payments under division (F)(1) of this section, add the amount of	48831
such payments.	48832

(G) If the district is required to pay an amount of funds to	48833
a cooperative education district pursuant to a provision described	48834
by division (B)(4) of section 3311.52 or division (B)(8) of	48835
section 3311.521 of the Revised Code, deduct such amounts as	48836
provided under that provision and credit those amounts to the	48837
cooperative education district for payment to the district under	48838
division (B)(1) of section 3317.19 of the Revised Code.	48839

(H)(1) If a district is educating a student entitled to	48840
attend school in another district pursuant to a shared education	48841
contract, compact, or cooperative education agreement other than	48842
an agreement entered into pursuant to section 3313.842 of the	48843
Revised Code, credit to that educating district on an FTE basis	48844
both of the following:	48845

(a) An amount equal to the formula amount.

48846

(b) An amount equal to ~~$5,732~~the formula amount times the	48847
state share ~~percentage~~index times any multiple applicable to the	48848
student ~~for fiscal year 2009~~ pursuant to section 3317.013 or	48849
~~3317.014~~ of the Revised Code~~, as those sections existed for that~~	48850
~~fiscal year~~.	48851

(2) Deduct any amount credited pursuant to division (H)(1) of	48852
this section from amounts paid to the school district in which the	48853
student is entitled to attend school pursuant to section 3313.64	48854
or 3313.65 of the Revised Code.	48855

(3) If the district is required by a shared education	48856
contract, compact, or cooperative education agreement to make	48857
payments to an educational service center, deduct the amounts from	48858
payments to the district and add them to the amounts paid to the	48859
service center pursuant to section 3317.11 of the Revised Code.	48860

(I)(1) If a district, including a joint vocational school	48861
district, is a lead district of a ~~VEPD~~CTPD, credit to that	48862
district the following ~~amounts~~amount calculated for ~~all the~~each	48863
school ~~districts~~district within that ~~VEPD~~CTPD:	48864

~~(a) In any fiscal year except fiscal year 2012 or 2013, the~~	48865
~~amount computed under division (D)(2) of section 3317.022 of the~~	48866
~~Revised Code;~~	48867

~~(b) In fiscal years 2012 and 2013, an amount equal to the~~	48868
~~following:~~	48869

state share ~~percentage~~ index X .05 X ~~$5,732~~ the formula amount X	48870

the sum of categories one	48871

~~and two vocational~~ through five career-technical education ADM	48872

(2) Deduct from each appropriate district that is not a lead	48873
district, the amount attributable to that district that is	48874
credited to a lead district under division (I)(1) of this section.	48875

(J) If the department pays a joint vocational school district	48876
under division ~~(G)(4)~~(C)(3) of section 3317.16 of the Revised Code	48877
for excess costs of providing special education and related	48878
services to a student with a disability, as calculated under	48879
division ~~(G)(2)~~(C)(1) of that section, the department shall	48880
deduct the amount of that payment from the city, local, or	48881
exempted village school district that is responsible as specified	48882
in that section for the excess costs.	48883

(K)(1) If the district reports an amount of excess cost for	48884
special education services for a child under division (C) of	48885
section 3323.14 of the Revised Code, the department shall pay that	48886
amount to the district.	48887

(2) If the district reports an amount of excess cost for	48888
special education services for a child under division (C) of	48889
section 3323.14 of the Revised Code, the department shall deduct	48890
that amount from the district of residence of that child.	48891

Sec. 3317.0212. ~~The department of education shall make no~~	48892
~~payments under this section for fiscal year 2012 or 2013.~~	48893

(A) As used in this section:

48894

(1) ~~"Assigned bus" means a school bus used to transport~~	48895
~~qualifying riders.~~	48896

~~(2) "Nontraditional ridership" means the average number of~~	48897
~~qualifying riders who are enrolled in a community school~~	48898
~~established under Chapter 3314. of the Revised Code, in a STEM~~	48899
~~school established under Chapter 3326. of the Revised Code, or in~~	48900
~~a nonpublic school and are provided school bus service by a school~~	48901
~~district during the first full week of October.~~	48902

~~(3)~~ "Qualifying riders" means resident students enrolled in	48903
regular education in grades kindergarten to twelve who are	48904
provided school bus service by a school district and who live more	48905
than one mile from the school they attend, including students with	48906
dual enrollment in a joint vocational school district or a	48907
cooperative education school district, and students enrolled in a	48908
community school, STEM school, or nonpublic school.	48909

~~(4)~~(2) "Qualifying ridership" means the average number of	48910
qualifying riders who are provided school bus service by a school	48911
district during the first full week of October.	48912

~~(5)~~(3) "Rider density" means the number of qualifying riders	48913
per square mile of a school district.	48914

~~(6)~~(4) "School bus service" means a school district's	48915
transportation of qualifying riders in any of the following types	48916
of vehicles:	48917

(a) School buses owned or leased by the district;

48918

(b) School buses operated by a private contractor hired by	48919
the district;	48920

(c) School buses operated by another school district or	48921
entity with which the district has contracted, either as part of a	48922
consortium for the provision of transportation or otherwise.	48923

(B) Not later than the fifteenth day of October each year,	48924
each city, local, and exempted village school district shall	48925
report to the department of education its qualifying ridership,	48926
~~nontraditional ridership, number of qualifying riders per assigned~~	48927
~~bus,~~ and any other information requested by the department.	48928
Subsequent adjustments to the reported numbers shall be made only	48929
in accordance with rules adopted by the department.	48930

(C) The department shall calculate the statewide	48931
transportation cost per student as follows:	48932

(1) Determine each city, local, and exempted village school	48933
district's transportation cost per student by dividing the	48934
district's total costs for school bus service in the previous	48935
fiscal year by its qualifying ridership in the previous fiscal	48936
year.	48937

(2) After excluding districts that do not provide school bus	48938
service and the ten districts with the highest transportation	48939
costs per student and the ten districts with the lowest	48940
transportation costs per student, divide the aggregate cost for	48941
school bus service for the remaining districts in the previous	48942
fiscal year by the aggregate qualifying ridership of those	48943
districts in the previous fiscal year.	48944

(D) The department shall calculate the statewide	48945
transportation cost per mile as follows:	48946

(1) Determine each city, local, and exempted village school	48947
district's transportation cost per mile by dividing the district's	48948
total costs for school bus service in the previous fiscal year by	48949
its total number of miles driven for school bus service in the	48950
previous fiscal year.	48951

(2) After excluding districts that do not provide school bus	48952
service and the ten districts with the highest transportation	48953
costs per mile and the ten districts with the lowest	48954
transportation costs per mile, divide the aggregate cost for	48955
school bus service for the remaining districts in the previous	48956
fiscal year by the aggregate miles driven for school bus service	48957
in those districts in the previous fiscal year.	48958

(E) The department shall calculate each city, local, and	48959
exempted village school district's transportation ~~base~~ payment as	48960
follows:	48961

(1) Multiply the statewide transportation cost per student by	48962
the district's qualifying ridership for the current fiscal year.	48963

(2) Multiply the statewide transportation cost per mile by	48964
the district's total number of miles driven for school bus service	48965
in the current fiscal year.	48966

(3) Multiply the greater of the amounts calculated under	48967
divisions (E)(1) and (2) of this section by the greater of sixty	48968
per cent or the district's state share ~~percentage~~index, as	48969
defined in section 3317.02 of the Revised Code.	48970

(F) ~~The department shall calculate each city, local, and~~	48971
~~exempted village school district's nontraditional ridership~~	48972
~~adjustment according to the following formula:~~	48973

~~(nontraditional ridership for the current fiscal year /~~	48974

~~qualifying ridership for the current fiscal year) X 0.1 X~~	48975

~~transportation base payment~~	48976

~~(G) If a city, local, or exempted village school district~~	48977
~~offers school bus service to all resident students who are~~	48978
~~enrolled in regular education in district schools in grades nine~~	48979
~~to twelve and who live more than one mile from the school they~~	48980
~~attend, the department shall calculate the district's high school~~	48981
~~ridership adjustment according to the following formula:~~	48982

~~0.025 X transportation base payment~~	48983

~~(H) If a city, local, or exempted village school district~~	48984
~~offers school bus service to students enrolled in grades~~	48985
~~kindergarten to eight who live more than one mile, but two miles~~	48986
~~or less, from the school they attend, the department shall~~	48987
~~calculate an additional adjustment according to the following~~	48988
~~formula:~~	48989

~~0.025 X transportation base payment~~	48990

~~(I)(1) The department annually shall establish a target~~	48991
~~number of qualifying riders per assigned bus for each city, local,~~	48992
~~and exempted village school district. The department shall use the~~	48993
~~most recently available data in establishing the target number.~~	48994
~~The target number shall be based on the statewide median number of~~	48995
~~qualifying riders per assigned bus as adjusted to reflect the~~	48996
~~district's rider density in comparison to the rider density of all~~	48997
~~other districts. The department shall post on the department's web~~	48998
~~site each district's target number of qualifying riders per~~	48999
~~assigned bus and a description of how the target number was~~	49000
~~determined.~~	49001

~~(2) The department shall determine each school district's~~	49002
~~efficiency index by dividing the district's median number of~~	49003
~~qualifying riders per assigned bus by its target number of~~	49004
~~qualifying riders per assigned bus.~~	49005

~~(3) The department shall determine each city, local, and~~	49006
~~exempted village school district's efficiency adjustment as~~	49007
~~follows:~~	49008

~~(a) If the district's efficiency index is equal to or greater~~	49009
~~than 1.5, the efficiency adjustment shall be calculated according~~	49010
~~to the following formula:~~	49011

~~0.1 X transportation base payment~~	49012

~~(b) If the district's efficiency index is less than 1.5 but~~	49013
~~equal to or greater than 1.0, the efficiency adjustment shall be~~	49014
~~calculated according to the following formula:~~	49015

~~[(efficiency index – 1) / 5] X transportation base payment~~	49016

~~(c) If the district's efficiency index is less than 1.0, the~~	49017
~~efficiency adjustment shall be zero.~~	49018

~~(J) The department shall pay each city, local, and exempted~~	49019
~~village school district the lesser of the following:~~	49020

~~(1) The sum of the amounts calculated under divisions (E) to~~	49021
~~(H) and (I)(3) of this section;~~	49022

~~(2) The district's total costs for school bus service for the~~	49023
~~prior fiscal year.~~	49024

~~(K)~~ In addition to funds paid under division ~~(J)~~(E) of this	49025
section, each city, local, and exempted village district shall	49026
receive in accordance with rules adopted by the state board of	49027
education a payment for students transported by means other than	49028
school bus service and whose transportation is not funded under	49029
division (C) of section 3317.024 of the Revised Code. The rules	49030
shall include provisions for school district reporting of such	49031
students.	49032

(G)(1) In fiscal years 2014 and 2015, the department shall	49033
pay each district a pro rata portion of the amounts calculated	49034
under division (E) of this section and described in division (F)	49035
of this section, based on state appropriations.	49036

(2) In addition to the prorated payment under division (G)(1)	49037
of this section, in fiscal years 2014 and 2015, the department	49038
shall pay each school district that meets the conditions	49039
prescribed in division (G)(3) of this section an additional amount	49040
equal to the difference of (a) the amounts calculated under	49041
division (E) of this section and prescribed in division (F) of	49042
this section minus (b) that prorated payment.	49043

(3) Division (G)(2) of this section applies to each school	49044
district that meets all of the following conditions:	49045

(a) The district qualifies for the calculation of a payment	49046
under division (E) of this section because it transports students	49047
on board-owned or contractor-owned school buses.	49048

(b) The district's state share index is greater than or equal	49049
to 0.50.	49050

(c) The district's rider density is at or below the median	49051
rider density of all districts that qualify for calculation of a	49052
payment under division (E) of this section.	49053

(H) Each city, local, and exempted village school district	49054
shall report all data used to calculate funding for transportation	49055
under this section through the education management information	49056
system pursuant to section 3301.0714 of the Revised Code.	49057

Sec. 3317.0213. (A) The department of education shall compute	49058
and pay to each school district in accordance with this section	49059
additional state aid for preschool special education children to	49060
each city, local, and exempted village school district and to each	49061
institution, as defined in section 3323.091 of the Revised Code.	49062
Funding shall be provided for children who are not enrolled in	49063
kindergarten and who are under age six on the thirtieth day of	49064
September of the academic year, or on the first day of August of	49065
the academic year if the school district in which the child is	49066
enrolled has adopted a resolution under division (A)(3) of section	49067
3321.01 of the Revised Code, but not less than age three on the	49068
first day of December of the academic year.	49069

The additional state aid shall be calculated under the	49070
following formula:	49071

($4,000 X the number of preschool special education children)	49072
+ the sum of the following:	49073

(1) The district's or institution's category one special	49074
education preschool students X the multiple specified in division	49075
(A) of section 3317.013 of the Revised Code X the formula amount X	49076
the district's state share index X 0.50;	49077

(2) The district's or institution's category two special	49078
education preschool students X the multiple specified in division	49079
(B) of section 3317.013 of the Revised Code X the formula amount X	49080
the district's state share index X 0.50;	49081

(3) The district's or institution's category three special	49082
education preschool students X the multiple specified in division	49083
(C) of section 3317.013 of the Revised Code X the formula amount X	49084
the district's state share index X 0.50;	49085

(4) The district's or institution's category four special	49086
education preschool students X the multiple specified in division	49087
(D) of section 3317.013 of the Revised Code X the formula amount X	49088
the district's state share index X 0.50;	49089

(5) The district's or institution's category five special	49090
education preschool students X the multiple specified in division	49091
(E) of section 3317.013 of the Revised Code X the formula amount X	49092
the district's state share index X 0.50;	49093

(6) The district's or institution's category six special	49094
education preschool students X the multiple specified in division	49095
(F) of section 3317.013 of the Revised Code X the formula amount X	49096
the district's state share index X 0.50.	49097

The special education disability categories for preschool	49098
children used in this section are the same categories prescribed	49099
in section 3317.013 of the Revised Code.	49100

As used in division (A) of this section, the state share	49101
index of a student enrolled in an institution is the state share	49102
index of the school district in which the student is entitled to	49103
attend school under section 3313.64 or 3313.65 of the Revised	49104
Code.	49105

(B) If an educational service center is providing services to	49106
preschool special education students under agreement with the	49107
city, local, or exempted village school district in which the	49108
students are entitled to attend school, that district may	49109
authorize the department to transfer funds computed under this	49110
section to the service center providing those services.	49111

(C)(1) If a county DD board is providing services to	49112
preschool special education students under agreement with the	49113
city, local, or exempted village school district in which the	49114
students are entitled to attend school, the department shall	49115
deduct from the district's payment computed under division (A) of	49116
this section the total amount of those funds that are attributable	49117
to the students served by the county DD board and pay that amount	49118
to that board.	49119

(2) In addition, for any fiscal year, no county DD board	49120
shall receive in total funding for preschool special education	49121
services an amount that is less than what it received for the	49122
previous fiscal year, as determined by the department. If	49123
necessary, the department shall increase the state payment to a	49124
county DD board to comply with division (C)(2) of this section.	49125

Sec. 3317.0214. (A) The department shall compute and pay in	49126
accordance with this section additional state aid to school	49127
districts for students in categories two through six special	49128
education ADM. If a district's costs for the fiscal year for a	49129
student in its categories two through six special education ADM	49130
exceed the threshold catastrophic cost for serving the student,	49131
the district may submit to the superintendent of public	49132
instruction documentation, as prescribed by the superintendent, of	49133
all its costs for that student. Upon submission of documentation	49134
for a student of the type and in the manner prescribed, the	49135
department shall pay to the district an amount equal to the sum of	49136
the following:	49137

(1) One-half of the district's costs for the student in	49138
excess of the threshold catastrophic cost;	49139

(2) The product of one-half of the district's costs for the	49140
student in excess of the threshold catastrophic cost multiplied by	49141
the district's state share index.	49142

(B) For purposes of division (A) of this section, the	49143
threshold catastrophic cost for serving a student equals:	49144

(1) For a student in the school district's category two,	49145
three, four, or five special education ADM, twenty-seven thousand	49146
three hundred seventy-five dollars;	49147

(2) For a student in the district's category six special	49148
education ADM, thirty-two thousand eight hundred fifty dollars.	49149

(C) The district shall report under division (A) of this	49150
section, and the department shall pay for, only the costs of	49151
educational expenses and the related services provided to the	49152
student in accordance with the student's individualized education	49153
program. Any legal fees, court costs, or other costs associated	49154
with any cause of action relating to the student may not be	49155
included in the amount.	49156

Sec. 3317.0217. Payment of the amount calculated for a school	49157
district under this section shall be made under division (A) of	49158
section 3317.022 of the Revised Code.	49159

(A) The department of education shall annually compute	49160
targeted assistance funds to school districts, as follows:	49161

(1) Calculate the local wealth per pupil of each school	49162
district, which equals the following sum:	49163

(a) One-half times the quotient of (i) the district's	49164
three-year average valuation divided by (ii) its formula ADM; plus	49165

(b) One-half times the quotient of (i) the average of the	49166
total federal adjusted gross income of the school district's	49167
residents for the three years most recently reported under section	49168
3317.021 of the Revised Code divided by (ii) its formula ADM.	49169

(2) Rank all school districts in order of local wealth per	49170
pupil, from the district with the lowest local wealth per pupil to	49171
the district with the highest local wealth per pupil.	49172

(3) Compute the statewide wealth per pupil, which equals the	49173
following sum:	49174

(a) One-half times the quotient of (i) the sum of the	49175
three-year average valuations for all school districts divided by	49176
(ii) the sum of formula ADM counts for all schools districts; plus	49177

(b) One-half times the quotient of (i) the sum of the	49178
three-year average total federal adjusted gross incomes for all	49179
school districts divided by (ii) the sum of formula ADM counts for	49180
all school districts.	49181

(4) Compute each district's wealth index by dividing the	49182
statewide wealth per pupil by the district's local wealth per	49183
pupil.	49184

(5) Compute the per pupil targeted assistance for each	49185
eligible school district in accordance with the following formula:	49186

(Threshold local wealth per pupil - the district's local wealth	49187
per pupil)	49188

X target millage X the district's wealth index	49189

Where:

49190

(a) An "eligible school district" means a school district	49191
with a local wealth per pupil less than that of the school	49192
district with the 490th lowest local wealth per pupil.	49193

(b) "Threshold local wealth per pupil" means the local wealth	49194
per pupil of the school district with the 490th lowest local	49195
wealth per pupil.	49196

49197

If the result of the calculation for a school district under	49198
division (A)(5) of this section is less than zero, the district's	49199
targeted assistance shall be zero.	49200

(6) Calculate the aggregate amount to be paid as targeted	49201
assistance funds to each school district under division (A) of	49202
section 3317.022 of the Revised Code by multiplying the per pupil	49203
targeted assistance computed under division (A)(5) of this section	49204
by the district's net formula ADM.	49205

As used in this division, a district's "net formula ADM"	49206
means its formula ADM minus both the number of internet- and	49207
computer-based community school students reported under division	49208
(B)(3)(e) of section 3317.03 of the Revised Code and scholarship	49209
students reported under divisions (B)(3)(f) and (g) of that	49210
section.	49211

(B) The department shall annually compute supplemental	49212
targeted assistance funds to school districts, as follows:	49213

(1) Compute each district's agricultural percentage as the	49214
quotient of (a) the three-year average tax valuation of real	49215
property in the district that is classified as agricultural	49216
property divided by (b) the three-year average tax valuation of	49217
all of the real property in the district. For purposes of this	49218
computation, a district's "three-year average tax valuation" means	49219
the average of a district's tax valuation for fiscal years 2012,	49220
2013, and 2014.	49221

(2) Determine each district's agricultural targeted	49222
percentage as follows:	49223

(a) If a district's agricultural percentage is greater than	49224
or equal to 0.10, then the district's agricultural targeted	49225
percentage shall be equal to 0.40.	49226

(b) If a district's agricultural percentage is less than	49227
0.10, then the district's agricultural targeted percentage shall	49228
be equal to 4 X the district's agricultural percentage.	49229

(3) Calculate the aggregate amount to be paid as supplemental	49230
targeted assistance funds to each school district under division	49231
(A) of section 3317.022 of the Revised Code by multiplying the	49232
district's agricultural targeted percentage by the amount	49233
calculated for the district under division (A)(6) of this section.	49234

Sec. 3317.03. (A) The superintendent of each city, local,	49235
and exempted village school district and of each educational	49236
service center shall, for the schools under the superintendent's	49237
supervision, certify to the state board of education on or before	49238
the fifteenth day of ~~October in~~ each ~~year~~month for the first full	49239
school week ~~in October~~of that month the average daily membership	49240
of students receiving services from schools under the	49241
superintendent's supervision, and the numbers of other students	49242
entitled to attend school in the district under section 3313.64 or	49243
3313.65 of the Revised Code the superintendent is required to	49244
report under this section, so that the department of education can	49245
calculate the district's formula ADM. If a school under the	49246
superintendent's supervision is closed for one or more days during	49247
~~that~~a week for which the average daily membership must be	49248
certified due to hazardous weather conditions or other	49249
circumstances described in ~~the first paragraph of~~ division	49250
~~(B)~~(A)(1) of section ~~3317.01~~3313.482 of the Revised Code, the	49251
superintendent may apply to the superintendent of public	49252
instruction for a waiver, under which the superintendent of public	49253
instruction may exempt the district superintendent from certifying	49254
the average daily membership for that school for that week and	49255
specify an alternate week in the same month for certifying the	49256
average daily membership of that school.	49257

The average daily membership during ~~such~~a week shall consist	49258
of the sum of the following:	49259

(1) On an FTE basis, the number of students in grades	49260
kindergarten through twelve receiving any educational services	49261
from the district, except that the following categories of	49262
students shall not be included in the determination:	49263

(a) Students enrolled in adult education classes;

49264

(b) Adjacent or other district students enrolled in the	49265
district under an open enrollment policy pursuant to section	49266
3313.98 of the Revised Code;	49267

(c) Students receiving services in the district pursuant to a	49268
compact, cooperative education agreement, or a contract, but who	49269
are entitled to attend school in another district pursuant to	49270
section 3313.64 or 3313.65 of the Revised Code;	49271

(d) Students for whom tuition is payable pursuant to sections	49272
3317.081 and 3323.141 of the Revised Code;	49273

(e) Students receiving services in the district through a	49274
scholarship awarded under either section 3310.41 or sections	49275
3310.51 to 3310.64 of the Revised Code.	49276

(2) On an FTE basis, the number of students entitled to	49277
attend school in the district pursuant to section 3313.64 or	49278
3313.65 of the Revised Code, but receiving educational services in	49279
grades kindergarten through twelve from one or more of the	49280
following entities:	49281

(a) A community school pursuant to Chapter 3314. of the	49282
Revised Code, including any participation in a college pursuant to	49283
Chapter 3365. of the Revised Code while enrolled in such community	49284
school;	49285

(b) An alternative school pursuant to sections 3313.974 to	49286
3313.979 of the Revised Code as described in division (I)(2)(a) or	49287
(b) of this section;	49288

(c) A college pursuant to Chapter 3365. of the Revised Code,	49289
except when the student is enrolled in the college while also	49290
enrolled in a community school pursuant to Chapter 3314. or; a	49291
science, technology, engineering, and mathematics school	49292
established under Chapter 3326. of the Revised Code;	49293

(d) An adjacent or other school district under an open	49294
enrollment policy adopted pursuant to section 3313.98 of the	49295
Revised Code;	49296

(e) An educational service center or cooperative education	49297
district;	49298

(f) Another school district under a cooperative education	49299
agreement, compact, or contract;	49300

(g) A chartered nonpublic school with a scholarship paid	49301
under section 3310.08 of the Revised Code, if the students	49302
qualified for the scholarship under section 3310.03 of the Revised	49303
Code;	49304

(h) An alternative public provider or a registered private	49305
provider with a scholarship awarded under either section 3310.41	49306
or sections 3310.51 to 3310.64 of the Revised Code.	49307

As used in this section, "alternative public provider" and	49308
"registered private provider" have the same meanings as in section	49309
3310.41 or 3310.51 of the Revised Code, as applicable.	49310

(i) A science, technology, engineering, and mathematics	49311
school established under Chapter 3326. of the Revised Code,	49312
including any participation in a college pursuant to Chapter 3365.	49313
of the Revised Code while enrolled in the school;	49314

(j) A college-preparatory boarding school established under	49315
Chapter 3328. of the Revised Code.	49316

(3) The number of students enrolled in a joint vocational	49317
school district or under a ~~vocational~~career-technical education	49318
compact, excluding any students entitled to attend school in the	49319
district under section 3313.64 or 3313.65 of the Revised Code who	49320
are enrolled in another school district through an open enrollment	49321
policy as reported under division (A)(2)(d) of this section and	49322
then enroll in a joint vocational school district or under a	49323
~~vocational~~career-technical education compact;	49324

~~(4) The number of children with disabilities, other than~~	49325
~~preschool children with disabilities, entitled to attend school in~~	49326
~~the district pursuant to section 3313.64 or 3313.65 of the Revised~~	49327
~~Code who are placed by the district with a county DD board, minus~~	49328
~~the number of such children placed with a county DD board in~~	49329
~~fiscal year 1998. If this calculation produces a negative number,~~	49330
~~the number reported under division (A)(4) of this section shall be~~	49331
~~zero~~.	49332

(B) To enable the department of education to obtain the data	49333
needed to complete the calculation of payments pursuant to this	49334
chapter, in addition to the average daily membership, each	49335
superintendent shall report separately the following student	49336
counts for the same ~~week~~weeks for which average daily membership	49337
is certified:	49338

(1) The total average daily membership in regular learning	49339
day classes included in the report under division (A)(1) or (2) of	49340
this section for each of the individual grades kindergarten	49341
through twelve in schools under the superintendent's supervision;	49342

(2) The number of all preschool children with disabilities	49343
enrolled as of the first day of December in classes in the	49344
district ~~that are~~for whom the district is eligible ~~for approval~~	49345
to receive funding under ~~division (B) of~~ section ~~3317.05~~3317.0213	49346
of the Revised Code and the number of those classes, which shall	49347
be reported not later than the fifteenth day of December, in	49348
accordance with ~~rules adopted under that~~the disability categories	49349
prescribed in section 3317.013 of the Revised Code;	49350

(3) The number of children entitled to attend school in the	49351
district pursuant to section 3313.64 or 3313.65 of the Revised	49352
Code who are:	49353

(a) Participating in a pilot project scholarship program	49354
established under sections 3313.974 to 3313.979 of the Revised	49355
Code as described in division (I)(2)(a) or (b) of this section;	49356

(b) Enrolled in a college under Chapter 3365. of the Revised	49357
Code, except when the student is enrolled in the college while	49358
also enrolled in a community school pursuant to Chapter 3314. or;	49359
a science, technology, engineering, and mathematics school	49360
established under Chapter 3326. of the Revised Code;	49361

(c) Enrolled in an adjacent or other school district under	49362
section 3313.98 of the Revised Code;	49363

(d) Enrolled in a community school established under Chapter	49364
3314. of the Revised Code that is not an internet- or	49365
computer-based community school as defined in section 3314.02 of	49366
the Revised Code, including any participation in a college	49367
pursuant to Chapter 3365. of the Revised Code while enrolled in	49368
such community school;	49369

(e) Enrolled in an internet- or computer-based community	49370
school, as defined in section 3314.02 of the Revised Code,	49371
including any participation in a college pursuant to Chapter 3365.	49372
of the Revised Code while enrolled in the school;	49373

(f) Enrolled in a chartered nonpublic school with a	49374
scholarship paid under section 3310.08 of the Revised Code and who	49375
qualified for the scholarship under section 3310.03 of the Revised	49376
Code;	49377

(g) Enrolled in kindergarten through grade twelve in an	49378
alternative public provider or a registered private provider with	49379
a scholarship awarded under section 3310.41 of the Revised Code;	49380

(h) Enrolled as a preschool child with a disability in an	49381
alternative public provider or a registered private provider with	49382
a scholarship awarded under section 3310.41 of the Revised Code;	49383

(i) Participating in a program operated by a county DD board	49384
or a state institution;	49385

(j) Enrolled in a science, technology, engineering, and	49386
mathematics school established under Chapter 3326. of the Revised	49387
Code, including any participation in a college pursuant to Chapter	49388
3365. of the Revised Code while enrolled in the school;	49389

(k) Enrolled in a college-preparatory boarding school	49390
established under Chapter 3328. of the Revised Code.	49391

(4) The number of pupils enrolled in joint vocational	49392
schools;	49393

(5) The combined average daily membership of children with	49394
disabilities reported under division (A)(1) or (2) of this section	49395
receiving special education services for the category one	49396
disability described in division (A) of section 3317.013 of the	49397
Revised Code, including children attending a special education	49398
program operated by an alternative public provider or a registered	49399
private provider with a scholarship awarded under sections 3310.51	49400
to 3310.64 of the Revised Code;	49401

(6) The combined average daily membership of children with	49402
disabilities reported under division (A)(1) or (2) of this section	49403
receiving special education services for category two disabilities	49404
described in division (B) of section 3317.013 of the Revised Code,	49405
including children attending a special education program operated	49406
by an alternative public provider or a registered private provider	49407
with a scholarship awarded under sections 3310.51 to 3310.64 of	49408
the Revised Code;	49409

(7) The combined average daily membership of children with	49410
disabilities reported under division (A)(1) or (2) of this section	49411
receiving special education services for category three	49412
disabilities described in division (C) of section 3317.013 of the	49413
Revised Code, including children attending a special education	49414
program operated by an alternative public provider or a registered	49415
private provider with a scholarship awarded under sections 3310.51	49416
to 3310.64 of the Revised Code;	49417

(8) The combined average daily membership of children with	49418
disabilities reported under division (A)(1) or (2) of this section	49419
receiving special education services for category four	49420
disabilities described in division (D) of section 3317.013 of the	49421
Revised Code, including children attending a special education	49422
program operated by an alternative public provider or a registered	49423
private provider with a scholarship awarded under sections 3310.51	49424
to 3310.64 of the Revised Code;	49425

(9) The combined average daily membership of children with	49426
disabilities reported under division (A)(1) or (2) of this section	49427
receiving special education services for the category five	49428
disabilities described in division (E) of section 3317.013 of the	49429
Revised Code, including children attending a special education	49430
program operated by an alternative public provider or a registered	49431
private provider with a scholarship awarded under sections 3310.51	49432
to 3310.64 of the Revised Code;	49433

(10) The combined average daily membership of children with	49434
disabilities reported under division (A)(1) or (2) and under	49435
division (B)(3)(h) of this section receiving special education	49436
services for category six disabilities described in division (F)	49437
of section 3317.013 of the Revised Code, including children	49438
attending a special education program operated by an alternative	49439
public provider or a registered private provider with a	49440
scholarship awarded under either section 3310.41 or sections	49441
3310.51 to 3310.64 of the Revised Code;	49442

(11) The average daily membership of pupils reported under	49443
division (A)(1) or (2) of this section enrolled in category one	49444
~~vocational~~career-technical education programs or classes,	49445
described in division (A) of section 3317.014 of the Revised Code,	49446
operated by the school district or by another district, other than	49447
a joint vocational school district, or by an educational service	49448
center, excluding any student reported under division (B)(3)(e) of	49449
this section as enrolled in an internet- or computer-based	49450
community school, notwithstanding division ~~(C)~~(H) of section	49451
3317.02 of the Revised Code and division (C)(3) of this section;	49452

(12) The average daily membership of pupils reported under	49453
division (A)(1) or (2) of this section enrolled in category two	49454
~~vocational~~career-technical education programs or services,	49455
described in division (B) of section 3317.014 of the Revised Code,	49456
operated by the school district or another school district, other	49457
than a joint vocational school district, or by an educational	49458
service center, excluding any student reported under division	49459
(B)(3)(e) of this section as enrolled in an internet- or	49460
computer-based community school, notwithstanding division ~~(C)~~(H)	49461
of section 3317.02 of the Revised Code and division (C)(3) of this	49462
section;	49463

~~Beginning with fiscal year 2010, vocational education ADM~~	49464
~~shall not be used to calculate a district's funding but shall be~~	49465
~~reported under divisions (B)(11) and (12) of this section for~~	49466
~~statistical purposes.~~	49467

(13) The average daily membership of pupils reported under	49468
division (A)(1) or (2) of this section enrolled in category three	49469
career-technical education programs or services, described in	49470
division (C) of section 3317.014 of the Revised Code, operated by	49471
the school district or another school district, other than a joint	49472
vocational school district, or by an educational service center,	49473
excluding any student reported under division (B)(3)(e) of this	49474
section as enrolled in an internet- or computer-based community	49475
school, notwithstanding division (H) of section 3317.02 of the	49476
Revised Code and division (C)(3) of this section;	49477

(14) The average daily membership of pupils reported under	49478
division (A)(1) or (2) of this section enrolled in category four	49479
career-technical education programs or services, described in	49480
division (D) of section 3317.014 of the Revised Code, operated by	49481
the school district or another school district, other than a joint	49482
vocational school district, or by an educational service center,	49483
excluding any student reported under division (B)(3)(e) of this	49484
section as enrolled in an internet- or computer-based community	49485
school, notwithstanding division (H) of section 3317.02 of the	49486
Revised Code and division (C)(3) of this section;	49487

(15) The average daily membership of pupils reported under	49488
division (A)(1) or (2) of this section enrolled in category five	49489
career-technical education programs or services, described in	49490
division (E) of section 3317.014 of the Revised Code, operated by	49491
the school district or another school district, other than a joint	49492
vocational school district, or by an educational service center,	49493
excluding any student reported under division (B)(3)(e) of this	49494
section as enrolled in an internet- or computer-based community	49495
school, notwithstanding division (H) of section 3317.02 of the	49496
Revised Code and division (C)(3) of this section;	49497

(16) The average daily membership of pupils reported under	49498
division (A)(1) or (2) of this section who are limited English	49499
proficient students described in division (A) of section 3317.016	49500
of the Revised Code;	49501

(17) The average daily membership of pupils reported under	49502
division (A)(1) or (2) of this section who are limited English	49503
proficient students described in division (B) of section 3317.016	49504
of the Revised Code;	49505

(18) The average daily membership of pupils reported under	49506
division (A)(1) or (2) of this section who are limited English	49507
proficient students described in division (C) of section 3317.016	49508
of the Revised Code;	49509

(19) The average number of children transported by the school	49510
district on board-owned or contractor-owned and -operated buses,	49511
reported in accordance with rules adopted by the department of	49512
education;	49513

~~(14)~~(20)(a) The number of children, other than preschool	49514
children with disabilities, the district placed with a county DD	49515
board in fiscal year 1998;. Division (B)(20)(a) of this section	49516
does not apply after fiscal year 2013.	49517

(b) The number of children with disabilities, other than	49518
preschool children with disabilities, placed with a county DD	49519
board in the current fiscal year to receive special education	49520
services for the category one disability described in division (A)	49521
of section 3317.013 of the Revised Code;	49522

(c) The number of children with disabilities, other than	49523
preschool children with disabilities, placed with a county DD	49524
board in the current fiscal year to receive special education	49525
services for category two disabilities described in division (B)	49526
of section 3317.013 of the Revised Code;	49527

(d) The number of children with disabilities, other than	49528
preschool children with disabilities, placed with a county DD	49529
board in the current fiscal year to receive special education	49530
services for category three disabilities described in division (C)	49531
of section 3317.013 of the Revised Code;	49532

(e) The number of children with disabilities, other than	49533
preschool children with disabilities, placed with a county DD	49534
board in the current fiscal year to receive special education	49535
services for category four disabilities described in division (D)	49536
of section 3317.013 of the Revised Code;	49537

(f) The number of children with disabilities, other than	49538
preschool children with disabilities, placed with a county DD	49539
board in the current fiscal year to receive special education	49540
services for the category five disabilities described in division	49541
(E) of section 3317.013 of the Revised Code;	49542

(g) The number of children with disabilities, other than	49543
preschool children with disabilities, placed with a county DD	49544
board in the current fiscal year to receive special education	49545
services for category six disabilities described in division (F)	49546
of section 3317.013 of the Revised Code.	49547

(21) The number of students who are economically	49548
disadvantaged, as defined by the department. A student shall not	49549
be categorically excluded from the number reported under division	49550
(B)(21) of this section based on anything other than family	49551
income.	49552

(C)(1) The average daily membership in divisions (B)(1) to	49553
(12) of this section shall be based upon the number of full-time	49554
equivalent students. The state board of education shall adopt	49555
rules defining full-time equivalent students and for determining	49556
the average daily membership therefrom for the purposes of	49557
divisions (A), (B), and (D) of this section. ~~Each student enrolled~~	49558
~~in kindergarten shall be counted as one full-time equivalent~~	49559
~~student regardless of whether the student is enrolled in a~~	49560
~~part-day or all-day kindergarten class.~~	49561

(2) A student enrolled in a community school established	49562
under Chapter 3314., a science, technology, engineering, and	49563
mathematics school established under Chapter 3326., or a	49564
college-preparatory boarding school established under Chapter	49565
3328. of the Revised Code shall be counted in the formula ADM and,	49566
if applicable, the category one, two, three, four, five, or six	49567
special education ADM of the school district in which the student	49568
is entitled to attend school under section 3313.64 or 3313.65 of	49569
the Revised Code for the same proportion of the school year that	49570
the student is counted in the enrollment of the community school,	49571
the science, technology, engineering, and mathematics school, or	49572
the college-preparatory boarding school for purposes of section	49573
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	49574
the number of students reported pursuant to division (B)(3)(d),	49575
(e), (j), or (k) of this section, the department may adjust the	49576
formula ADM of a school district to account for students entitled	49577
to attend school in the district under section 3313.64 or 3313.65	49578
of the Revised Code who are enrolled in a community school, a	49579
science, technology, engineering, and mathematics school, or a	49580
college-preparatory boarding school for only a portion of the	49581
school year.	49582

(3) No child shall be counted as more than a total of one	49583
child in the sum of the average daily memberships of a school	49584
district under division (A), divisions (B)(1) to ~~(12)~~(22), or	49585
division (D) of this section, except as follows:	49586

(a) A child with a disability described in section 3317.013	49587
of the Revised Code may be counted both in formula ADM and in	49588
category one, two, three, four, five, or six special education ADM	49589
and, if applicable, in category one or two ~~vocational~~	49590
career-technical education ADM. As provided in division ~~(C)~~(H) of	49591
section 3317.02 of the Revised Code, such a child shall be counted	49592
in category one, two, three, four, five, or six special education	49593
ADM in the same proportion that the child is counted in formula	49594
ADM.	49595

(b) A child enrolled in ~~vocational~~career-technical education	49596
programs or classes described in section 3317.014 of the Revised	49597
Code may be counted both in formula ADM and category one or, two	49598
~~vocational~~, three, four, or five career-technical education ADM	49599
and, if applicable, in category one, two, three, four, five, or	49600
six special education ADM. Such a child shall be counted in	49601
category one or, two ~~vocational~~, three, four, or five	49602
career-technical education ADM in the same proportion as the	49603
percentage of time that the child spends in the ~~vocational~~	49604
career-technical education programs or classes.	49605

(4) Based on the information reported under this section, the	49606
department of education shall determine the total student count,	49607
as defined in section 3301.011 of the Revised Code, for each	49608
school district.	49609

(D)(1) The superintendent of each joint vocational school	49610
district shall certify to the superintendent of public instruction	49611
on or before the fifteenth day of ~~October in~~ each ~~year~~month for	49612
the first full school week ~~in October the formula ADM, for~~	49613
~~purposes of section 3318.42 of the Revised Code and for any other~~	49614
~~purpose prescribed by law for which "formula ADM" of the joint~~	49615
~~vocational district is a factor~~of that month the average daily	49616
membership. If a school operated by the joint vocational school	49617
district is closed for one or more days during ~~that~~a week for	49618
which the average daily membership must be certified due to	49619
hazardous weather conditions or other circumstances described in	49620
~~the first paragraph of~~ division ~~(B)~~(A)(1) of section ~~3317.01~~	49621
3313.482 of the Revised Code, the superintendent may apply to the	49622
superintendent of public instruction for a waiver, under which the	49623
superintendent of public instruction may exempt the district	49624
superintendent from certifying the ~~formula ADM~~average daily	49625
membership for that school for that week and specify an alternate	49626
week in the same month for certifying the ~~formula ADM~~average	49627
daily membership of that school.	49628

The ~~formula ADM~~average daily membership, except as otherwise	49629
provided in this division, shall consist of the average daily	49630
membership during ~~such~~a week, on an FTE basis, of the number of	49631
students receiving any educational services from the district,	49632
including students enrolled in a community school established	49633
under Chapter 3314. or a science, technology, engineering, and	49634
mathematics school established under Chapter 3326. of the Revised	49635
Code who are attending the joint vocational district ~~under an~~	49636
~~agreement between the district board of education and the~~	49637
~~governing authority of the community school or the governing body~~	49638
~~of the science, technology, engineering, and mathematics school~~	49639
and are entitled to attend school in a city, local, or exempted	49640
village school district whose territory is part of the territory	49641
of the joint vocational district.	49642

The following categories of students shall not be included in	49643
the determination made under division (D)(1) of this section:	49644

(a) Students enrolled in adult education classes;

49645

(b) Adjacent or other district joint vocational students	49646
enrolled in the district under an open enrollment policy pursuant	49647
to section 3313.98 of the Revised Code;	49648

(c) Students receiving services in the district pursuant to a	49649
compact, cooperative education agreement, or a contract, but who	49650
are entitled to attend school in a city, local, or exempted	49651
village school district whose territory is not part of the	49652
territory of the joint vocational district;	49653

(d) Students for whom tuition is payable pursuant to sections	49654
3317.081 and 3323.141 of the Revised Code.	49655

(2) To enable the department of education to obtain the data	49656
needed to complete the calculation of payments pursuant to this	49657
chapter, in addition to the ~~formula~~ ADM, each superintendent shall	49658
report separately the average daily membership included in the	49659
report under division (D)(1) of this section for each of the	49660
following categories of students for each of the ~~same week~~weeks	49661
for which ~~formula~~ ADM is certified:	49662

(a) Students enrolled in each individual grade included in	49663
the joint vocational district schools;	49664

(b) Children with disabilities receiving special education	49665
services for the category one disability described in division (A)	49666
of section 3317.013 of the Revised Code;	49667

(c) Children with disabilities receiving special education	49668
services for the category two disabilities described in division	49669
(B) of section 3317.013 of the Revised Code;	49670

(d) Children with disabilities receiving special education	49671
services for category three disabilities described in division (C)	49672
of section 3317.013 of the Revised Code;	49673

(e) Children with disabilities receiving special education	49674
services for category four disabilities described in division (D)	49675
of section 3317.013 of the Revised Code;	49676

(f) Children with disabilities receiving special education	49677
services for the category five disabilities described in division	49678
(E) of section 3317.013 of the Revised Code;	49679

(g) Children with disabilities receiving special education	49680
services for category six disabilities described in division (F)	49681
of section 3317.013 of the Revised Code;	49682

(h) Students receiving category one ~~vocational~~	49683
career-technical education services, described in division (A) of	49684
section 3317.014 of the Revised Code;	49685

(i) Students receiving category two ~~vocational~~	49686
career-technical education services, described in division (B) of	49687
section 3317.014 of the Revised Code;	49688

(j) Students receiving category three career-technical	49689
education services, described in division (C) of section 3317.014	49690
of the Revised Code;	49691

(k) Students receiving category four career-technical	49692
education services, described in division (D) of section 3317.014	49693
of the Revised Code;	49694

(l) Students receiving category five career-technical	49695
education services, described in division (E) of section 3317.014	49696
of the Revised Code;	49697

(m) Limited English proficient students described in division	49698
(A) of section 3317.016 of the Revised Code;	49699

(n) Limited English proficient students described in division	49700
(B) of section 3317.016 of the Revised Code;	49701

(o) Limited English proficient students described in division	49702
(C) of section 3317.016 of the Revised Code;	49703

(p) Students who are economically disadvantaged, as defined	49704
by the department. A student shall not be categorically excluded	49705
from the number reported under division (D)(2)(p) of this section	49706
based on anything other than family income.	49707

The superintendent of each joint vocational school district	49708
shall also indicate the city, local, or exempted village school	49709
district in which each joint vocational district pupil is entitled	49710
to attend school pursuant to section 3313.64 or 3313.65 of the	49711
Revised Code.	49712

(E) In each school of each city, local, exempted village,	49713
joint vocational, and cooperative education school district there	49714
shall be maintained a record of school membership, which record	49715
shall accurately show, for each day the school is in session, the	49716
actual membership enrolled in regular day classes. For the purpose	49717
of determining average daily membership, the membership figure of	49718
any school shall not include any pupils except those pupils	49719
described by division (A) of this section. The record of	49720
membership for each school shall be maintained in such manner that	49721
no pupil shall be counted as in membership prior to the actual	49722
date of entry in the school and also in such manner that where for	49723
any cause a pupil permanently withdraws from the school that pupil	49724
shall not be counted as in membership from and after the date of	49725
such withdrawal. There shall not be included in the membership of	49726
any school any of the following:	49727

(1) Any pupil who has graduated from the twelfth grade of a	49728
public or nonpublic high school;	49729

(2) Any pupil who is not a resident of the state;

49730

(3) Any pupil who was enrolled in the schools of the district	49731
during the previous school year when assessments were administered	49732
under section 3301.0711 of the Revised Code but did not take one	49733
or more of the assessments required by that section and was not	49734
excused pursuant to division (C)(1) or (3) of that section;	49735

(4) Any pupil who has attained the age of twenty-two years,	49736
except for veterans of the armed services whose attendance was	49737
interrupted before completing the recognized twelve-year course of	49738
the public schools by reason of induction or enlistment in the	49739
armed forces and who apply for reenrollment in the public school	49740
system of their residence not later than four years after	49741
termination of war or their honorable discharge.	49742

If, however, any veteran described by division (E)(4) of this	49743
section elects to enroll in special courses organized for veterans	49744
for whom tuition is paid under the provisions of federal laws, or	49745
otherwise, that veteran shall not be included in average daily	49746
membership.	49747

Notwithstanding division (E)(3) of this section, the	49748
membership of any school may include a pupil who did not take an	49749
assessment required by section 3301.0711 of the Revised Code if	49750
the superintendent of public instruction grants a waiver from the	49751
requirement to take the assessment to the specific pupil and a	49752
parent is not paying tuition for the pupil pursuant to section	49753
3313.6410 of the Revised Code. The superintendent may grant such a	49754
waiver only for good cause in accordance with rules adopted by the	49755
state board of education.	49756

Except as provided in divisions (B)(2) and (F) of this	49757
section, the average daily membership figure of any local, city,	49758
exempted village, or joint vocational school district shall be	49759
determined by dividing the figure representing the sum of the	49760
number of pupils enrolled during each day the school of attendance	49761
is actually open for instruction during the week for which the	49762
average daily membership is being certified by the total number of	49763
days the school was actually open for instruction during that	49764
week. For purposes of state funding, "enrolled" persons are only	49765
those pupils who are attending school, those who have attended	49766
school during the current school year and are absent for	49767
authorized reasons, and those children with disabilities currently	49768
receiving home instruction.	49769

The average daily membership figure of any cooperative	49770
education school district shall be determined in accordance with	49771
rules adopted by the state board of education.	49772

(F)(1) ~~If the formula ADM for the first full school week in~~	49773
~~February is at least three per cent greater than that certified~~	49774
~~for the first full school week in the preceding October, the~~	49775
~~superintendent of schools of any city, exempted village, or joint~~	49776
~~vocational school district or educational service center shall~~	49777
~~certify such increase to the superintendent of public instruction.~~	49778
~~Such certification shall be submitted no later than the fifteenth~~	49779
~~day of February. For the balance of the fiscal year, beginning~~	49780
~~with the February payments, the superintendent of public~~	49781
~~instruction shall use the increased formula ADM in calculating or~~	49782
~~recalculating the amounts to be allocated in accordance with~~	49783
~~section 3317.022 or 3317.16 of the Revised Code. In no event shall~~	49784
~~the superintendent use an increased membership certified to the~~	49785
~~superintendent after the fifteenth day of February. Division~~	49786
~~(F)(1) of this section does not apply after fiscal year 2006.~~	49787

~~(2) If on the first school day of April the total number of~~	49788
~~classes or units for preschool children with disabilities that are~~	49789
~~eligible for approval under division (B) of section 3317.05 of the~~	49790
~~Revised Code exceeds the number of units that have been approved~~	49791
~~for the year under that division, the superintendent of schools of~~	49792
~~any city, exempted village, or cooperative education school~~	49793
~~district or educational service center shall make the~~	49794
~~certifications required by this section for that day. If the~~	49795
~~department determines additional units can be approved for the~~	49796
~~fiscal year within any limitations set forth in the acts~~	49797
~~appropriating moneys for the funding of such units, the department~~	49798
~~shall approve additional units for the fiscal year on the basis of~~	49799
~~such average daily membership. For each unit so approved, the~~	49800
~~department shall pay an amount computed in the manner prescribed~~	49801
~~in section 3317.052 or 3317.19 and section 3317.053 of the Revised~~	49802
~~Code.~~	49803

~~(3)~~ If a student attending a community school under Chapter	49804
3314., a science, technology, engineering, and mathematics school	49805
established under Chapter 3326., or a college-preparatory boarding	49806
school established under Chapter 3328. of the Revised Code is not	49807
included in the formula ADM certified for the school district in	49808
which the student is entitled to attend school under section	49809
3313.64 or 3313.65 of the Revised Code, the department of	49810
education shall adjust the formula ADM of that school district to	49811
include the student in accordance with division (C)(2) of this	49812
section, and shall recalculate the school district's payments	49813
under this chapter for the entire fiscal year on the basis of that	49814
adjusted formula ADM. This requirement applies regardless of	49815
whether the student was enrolled, as defined in division (E) of	49816
this section, in the community school, the science, technology,	49817
engineering, and mathematics school, or the college-preparatory	49818
boarding school during the ~~week~~weeks for which the formula ADM is	49819
being certified.	49820

~~(4)~~(2) If a student awarded an educational choice scholarship	49821
is not included in the formula ADM of the school district from	49822
which the department deducts funds for the scholarship under	49823
section 3310.08 of the Revised Code, the department shall adjust	49824
the formula ADM of that school district to include the student to	49825
the extent necessary to account for the deduction, and shall	49826
recalculate the school district's payments under this chapter for	49827
the entire fiscal year on the basis of that adjusted formula ADM.	49828
This requirement applies regardless of whether the student was	49829
enrolled, as defined in division (E) of this section, in the	49830
chartered nonpublic school, the school district, or a community	49831
school during the ~~week~~weeks for which the formula ADM is being	49832
certified.	49833

~~(5)~~(3) If a student awarded a scholarship under the Jon	49834
Peterson special needs scholarship program is not included in the	49835
formula ADM of the school district from which the department	49836
deducts funds for the scholarship under section 3310.55 of the	49837
Revised Code, the department shall adjust the formula ADM of that	49838
school district to include the student to the extent necessary to	49839
account for the deduction, and shall recalculate the school	49840
district's payments under this chapter for the entire fiscal year	49841
on the basis of that adjusted formula ADM. This requirement	49842
applies regardless of whether the student was enrolled, as defined	49843
in division (E) of this section, in an alternative public	49844
provider, a registered private provider, or the school district	49845
during the ~~week~~weeks for which the formula ADM is being	49846
certified.	49847

(G)(1)(a) The superintendent of an institution operating a	49848
special education program pursuant to section 3323.091 of the	49849
Revised Code shall, for the programs under such superintendent's	49850
supervision, certify to the state board of education, in the	49851
manner prescribed by the superintendent of public instruction,	49852
both of the following:	49853

(i) The average daily membership of all children with	49854
disabilities other than preschool children with disabilities	49855
receiving services at the institution for each category of	49856
disability described in divisions (A) to (F) of section 3317.013	49857
of the Revised Code;	49858

(ii) The average daily membership of all preschool children	49859
with disabilities in classes or programs ~~approved annually by the~~	49860
~~department of education for unit~~for whom the district is eligible	49861
to receive funding under section ~~3317.05~~3317.0213 of the Revised	49862
Code, reported according to the categories prescribed in section	49863
3317.013 of the Revised Code.	49864

(b) The superintendent of an institution with ~~vocational~~	49865
career-technical education units approved under ~~division (A) of~~	49866
section 3317.05 of the Revised Code shall, for the units under the	49867
superintendent's supervision, certify to the state board of	49868
education the average daily membership in those units, in the	49869
manner prescribed by the superintendent of public instruction.	49870

(2) The superintendent of each county DD board that maintains	49871
special education classes under section 3317.20 of the Revised	49872
Code or ~~units approved~~provides services to preschool children	49873
with disabilities pursuant to ~~section 3317.05 of the Revised Code~~	49874
an agreement between the DD board and the appropriate school	49875
district shall do both of the following:	49876

(a) Certify to the state board, in the manner prescribed by	49877
the board, the average daily membership in classes under section	49878
3317.20 of the Revised Code for each school district that has	49879
placed children in the classes;	49880

(b) Certify to the state board, in the manner prescribed by	49881
the board, the number of all preschool children with disabilities	49882
enrolled as of the first day of December in classes for which the	49883
DD board is eligible ~~for approval~~to receive funding under	49884
~~division (B) of~~ section ~~3317.05~~3317.0213 of the Revised Code,	49885
reported according to the categories prescribed in section	49886
3317.013 of the Revised Code, and the number of those classes.	49887

~~(3)(a) If on the first school day of April the number of~~	49888
~~classes or units maintained for preschool children with~~	49889
~~disabilities by the county DD board that are eligible for approval~~	49890
~~under division (B) of section 3317.05 of the Revised Code is~~	49891
~~greater than the number of units approved for the year under that~~	49892
~~division, the superintendent shall make the certification required~~	49893
~~by this section for that day.~~	49894

~~(b) If the department determines that additional classes or~~	49895
~~units can be approved for the fiscal year within any limitations~~	49896
~~set forth in the acts appropriating moneys for the funding of the~~	49897
~~classes and units described in division (G)(3)(a) of this section,~~	49898
~~the department shall approve and fund additional units for the~~	49899
~~fiscal year on the basis of such average daily membership. For~~	49900
~~each unit so approved, the department shall pay an amount computed~~	49901
~~in the manner prescribed in sections 3317.052 and 3317.053 of the~~	49902
~~Revised Code.~~	49903

(H) Except as provided in division (I) of this section, when	49904
any city, local, or exempted village school district provides	49905
instruction for a nonresident pupil whose attendance is	49906
unauthorized attendance as defined in section 3327.06 of the	49907
Revised Code, that pupil's membership shall not be included in	49908
that district's membership figure used in the calculation of that	49909
district's formula ADM or included in the determination of any	49910
~~unit~~funding approved for the district under section ~~3317.05~~	49911
3317.0213 of the Revised Code. The reporting official shall report	49912
separately the average daily membership of all pupils whose	49913
attendance in the district is unauthorized attendance, and the	49914
membership of each such pupil shall be credited to the school	49915
district in which the pupil is entitled to attend school under	49916
division (B) of section 3313.64 or section 3313.65 of the Revised	49917
Code as determined by the department of education.	49918

(I)(1) A city, local, exempted village, or joint vocational	49919
school district admitting a scholarship student of a pilot project	49920
district pursuant to division (C) of section 3313.976 of the	49921
Revised Code may count such student in its average daily	49922
membership.	49923

(2) In any year for which funds are appropriated for pilot	49924
project scholarship programs, a school district implementing a	49925
state-sponsored pilot project scholarship program that year	49926
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	49927
count in average daily membership:	49928

(a) All children residing in the district and utilizing a	49929
scholarship to attend kindergarten in any alternative school, as	49930
defined in section 3313.974 of the Revised Code;	49931

(b) All children who were enrolled in the district in the	49932
preceding year who are utilizing a scholarship to attend an	49933
alternative school.	49934

(J) The superintendent of each cooperative education school	49935
district shall certify to the superintendent of public	49936
instruction, in a manner prescribed by the state board of	49937
education, the applicable average daily memberships for all	49938
students in the cooperative education district, also indicating	49939
the city, local, or exempted village district where each pupil is	49940
entitled to attend school under section 3313.64 or 3313.65 of the	49941
Revised Code.	49942

(K) If the superintendent of public instruction determines	49943
that a component of the average daily membership certified or	49944
reported by a district superintendent, or other reporting entity,	49945
is not correct, the superintendent of public instruction may order	49946
that the formula ADM used for the purposes of payments under any	49947
section of Title XXXIII of the Revised Code be adjusted in the	49948
amount of the error.	49949

Sec. 3317.032. ~~(A)~~ Each city, local, exempted village, and	49950
cooperative education school district, each educational service	49951
center, each county DD board, and each institution operating a	49952
special education program pursuant to section 3323.091 of the	49953
Revised Code shall, in accordance with procedures adopted by the	49954
state board of education, maintain a record of district membership	49955
of ~~both of the following:~~	49956

~~(1) All preschool children with disabilities in units~~	49957
~~approved under division (B) of section 3317.05 of the Revised~~	49958
~~Code;~~	49959

~~(2) All~~all preschool children with disabilities ~~who are not~~	49960
~~in units approved under division (B) of section 3317.05 of the~~	49961
~~Revised Code but~~ who are ~~otherwise~~ served by a special education	49962
program.	49963

~~(B) The superintendent of each district, board, or~~	49964
~~institution subject to division (A) of this section shall certify~~	49965
~~to the state board of education, in accordance with procedures~~	49966
~~adopted by that board, membership figures of all preschool~~	49967
~~children with disabilities whose membership is maintained under~~	49968
~~division (A)(2) of this section. The figures certified under this~~	49969
~~division shall be used in the determination of the ADM used to~~	49970
~~compute funds for educational service center governing boards~~	49971
~~under section 3317.11 of the Revised Code.~~	49972

Sec. 3317.05. (A) ~~For the purpose of calculating payments~~	49973
~~under sections 3317.052 and 3317.053 of the Revised Code, the~~The	49974
department of education shall determine for each institution, by	49975
the last day of January of each year and based on information	49976
certified under section 3317.03 of the Revised Code, the number of	49977
~~vocational~~career-technical education units or fractions of units	49978
approved by the department on the basis of standards and rules	49979
adopted by the state board of education. As used in this ~~division~~	49980
section, "institution" means an institution operated by a	49981
department specified in section 3323.091 of the Revised Code and	49982
that provides ~~vocational~~career-technical education programs under	49983
the supervision of the division of ~~vocational~~career-technical	49984
education of the department that meet the standards and rules for	49985
these programs, including licensure of professional staff involved	49986
in the programs, as established by the state board.	49987

(B) ~~For the purpose of calculating payments under sections~~	49988
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	49989
~~department shall determine, based on information certified under~~	49990
~~section 3317.03 of the Revised Code, the following by the last day~~	49991
~~of January of each year for each educational service center, for~~	49992
~~each school district, including each cooperative education school~~	49993
~~district, for each institution eligible for payment under section~~	49994
~~3323.091 of the Revised Code, and for each county DD board: the~~	49995
~~number of classes operated by the school district, service center,~~	49996
~~institution, or county DD board for preschool children with~~	49997
~~disabilities, or fraction thereof, including in the case of a~~	49998
~~district or service center that is a funding agent, classes taught~~	49999
~~by a licensed teacher employed by that district or service center~~	50000
~~under section 3313.841 of the Revised Code, approved annually by~~	50001
~~the department on the basis of standards and rules adopted by the~~	50002
~~state board.~~	50003

~~(C) For the purpose of calculating payments under sections~~	50004
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	50005
~~department shall determine, based on information certified under~~	50006
~~section 3317.03 of the Revised Code, the following by the last day~~	50007
~~of January of each year for each school district, including each~~	50008
~~cooperative education school district, for each institution~~	50009
~~eligible for payment under section 3323.091 of the Revised Code,~~	50010
~~and for each county DD board: the number of units for related~~	50011
~~services, as defined in section 3323.01 of the Revised Code, for~~	50012
~~preschool children with disabilities approved annually by the~~	50013
~~department on the basis of standards and rules adopted by the~~	50014
~~state board.~~	50015

~~(D)~~ All of the arithmetical calculations made under this	50016
section shall be carried to the second decimal place. The total	50017
number of units for ~~school districts, service centers, and~~	50018
institutions approved annually under this section shall not exceed	50019
the number of units included in the estimate of cost for these	50020
units and appropriations made for them by the general assembly.	50021

~~In the case of units for preschool children with disabilities~~	50022
~~described in division (B) of this section, the department shall~~	50023
~~approve only preschool units for children who are under age six on~~	50024
~~the thirtieth day of September of the academic year, or on the~~	50025
~~first day of August of the academic year if the school district in~~	50026
~~which the child is enrolled has adopted a resolution under~~	50027
~~division (A)(3) of section 3321.01 of the Revised Code, but not~~	50028
~~less than age three on the first day of December of the academic~~	50029
~~year, except that such a unit may include one or more children who~~	50030
~~are under age three or are age six or over on the applicable date,~~	50031
~~as reported under division (B)(2) or (G)(2)(b) of section 3317.03~~	50032
~~of the Revised Code, if such children have been admitted to the~~	50033
~~unit pursuant to rules of the state board. The number of units for~~	50034
~~county DD boards and institutions eligible for payment under~~	50035
~~section 3323.091 of the Revised Code approved under this section~~	50036
~~shall not exceed the number that can be funded with appropriations~~	50037
~~made for such purposes by the general assembly.~~	50038

~~No unit shall be approved under divisions (B) and (C) of this~~	50039
~~section unless a plan has been submitted and approved under~~	50040
~~Chapter 3323. of the Revised Code.~~	50041

(C) The department shall pay each institution approved for	50042
career-technical education units under division (A) of this	50043
section an amount for the total of all the units approved under	50044
that division. The amount for each unit shall be the sum of the	50045
minimum salary for the teacher of the unit, calculated on the	50046
basis of the teacher's training level and years of experience	50047
pursuant to the salary schedule prescribed in the version of	50048
section 3317.13 of the Revised Code in effect prior to July 1,	50049
2001, plus fifteen per cent of that minimum salary amount, and	50050
nine thousand five hundred ten dollars. Each institution that	50051
receives unit funds under this division annually shall report to	50052
the department on the delivery of services and the performance of	50053
students and any other information required by the department to	50054
evaluate the institution's career-technical education program.	50055

(D) For each unit allocated to an institution pursuant to	50056
division (A) of this section, the department, in addition to the	50057
amount specified in division (B) of this section, shall pay a	50058
supplemental unit allowance of $7,227.	50059

Sec. 3317.051. (A) As used in this section, "gifted unit	50060
ADM" means a school district's formula ADM minus the number of	50061
students reported by a district under divisions (A)(2)(a) and (i)	50062
of section 3317.03 of the Revised Code.	50063

(B) The department of education shall compute and pay to a	50064
school district funds based on units for services to students	50065
identified as gifted under Chapter 3324. of the Revised Code as	50066
prescribed by this section.	50067

(C) The department shall allocate gifted units for a school	50068
district as follows:	50069

(1) One gifted coordinator unit shall be allocated for every	50070
3,300 students in a district's gifted unit ADM, with a minimum of	50071
0.5 units and a maximum of 8 units allocated for the district.	50072

(2) One gifted intervention specialist unit shall be	50073
allocated for every 1,100 students in a district's gifted unit	50074
ADM, with a minimum of 0.3 units allocated for the district.	50075

(D) The department shall pay the following amount to a school	50076
district for gifted units:	50077

(1) In fiscal year 2014, $37,000 multiplied by the number of	50078
units allocated to a school district under division (C) of this	50079
section;	50080

(2) In fiscal year 2015, $37,370 multiplied by the number of	50081
units allocated to a school district under division (C) of this	50082
section.	50083

A school district shall use the funds it receives for units	50084
allocated under division (C)(1) of this section only for gifted	50085
coordinator services as prescribed by the department. Qualified	50086
personnel shall be employed by the district for this purpose on a	50087
full-time equivalency basis that corresponds to the number of	50088
units allocated to the district under division (C)(1) of this	50089
section.	50090

A school district shall use the funds it receives for units	50091
allocated under division (C)(2) of this section only for gifted	50092
intervention specialist services as prescribed by the department.	50093
Qualified personnel shall be employed by the district for this	50094
purpose on a full-time equivalency basis that corresponds to the	50095
number of units allocated to the district under division (C)(2) of	50096
this section.	50097

(E) A school district may assign gifted unit funding that it	50098
receives under division (D) of this section to another school	50099
district, an educational service center, a community school, or a	50100
STEM school as part of an arrangement to provide services to the	50101
district as follows:	50102

(1) Funds received for units allocated under division (C)(1)	50103
of this section may be assigned to a district, service center, or	50104
school that employs qualified gifted coordinators;	50105

(2) Funds received for units allocated under division (C)(2)	50106
of this section may be assigned to a district, service center, or	50107
school that employs qualified gifted intervention specialists.	50108

Sec. 3317.06. Moneys paid to school districts under division	50109
(E) of section 3317.024 of the Revised Code shall be used for the	50110
following independent and fully severable purposes:	50111

(A) To purchase such secular textbooks or ~~electronic~~	50112
~~textbooks~~digital texts as have been approved by the	50113
superintendent of public instruction for use in public schools in	50114
the state and to loan such textbooks or ~~electronic textbooks~~	50115
digital texts to pupils attending nonpublic schools within the	50116
district or to their parents and to hire clerical personnel to	50117
administer such lending program. Such loans shall be based upon	50118
individual requests submitted by such nonpublic school pupils or	50119
parents. Such requests shall be submitted to the school district	50120
in which the nonpublic school is located. Such individual requests	50121
for the loan of textbooks or ~~electronic textbooks~~digital texts	50122
shall, for administrative convenience, be submitted by the	50123
nonpublic school pupil or the pupil's parent to the nonpublic	50124
school, which shall prepare and submit collective summaries of the	50125
individual requests to the school district. As used in this	50126
section:	50127

(1) "Textbook" means any book or book substitute that a pupil	50128
uses as a consumable or nonconsumable text, text substitute, or	50129
text supplement in a particular class or program in the school the	50130
pupil regularly attends.	50131

(2) ~~"Electronic textbook"~~"Digital text" means ~~any~~a	50132
consumable book or book substitute that a student accesses through	50133
the use of a computer or other electronic medium or that is	50134
available through an internet-based provider of course content, or	50135
any other material that contributes to the learning process	50136
through electronic means.	50137

(B) To provide speech and hearing diagnostic services to	50138
pupils attending nonpublic schools within the district. Such	50139
service shall be provided in the nonpublic school attended by the	50140
pupil receiving the service.	50141

(C) To provide physician, nursing, dental, and optometric	50142
services to pupils attending nonpublic schools within the	50143
district. Such services shall be provided in the school attended	50144
by the nonpublic school pupil receiving the service.	50145

(D) To provide diagnostic psychological services to pupils	50146
attending nonpublic schools within the district. Such services	50147
shall be provided in the school attended by the pupil receiving	50148
the service.	50149

(E) To provide therapeutic psychological and speech and	50150
hearing services to pupils attending nonpublic schools within the	50151
district. Such services shall be provided in the public school, in	50152
nonpublic schools, in public centers, or in mobile units located	50153
on or off of the nonpublic premises. If such services are provided	50154
in the public school or in public centers, transportation to and	50155
from such facilities shall be provided by the school district in	50156
which the nonpublic school is located.	50157

(F) To provide guidance, counseling, and social work services	50158
to pupils attending nonpublic schools within the district. Such	50159
services shall be provided in the public school, in nonpublic	50160
schools, in public centers, or in mobile units located on or off	50161
of the nonpublic premises. If such services are provided in the	50162
public school or in public centers, transportation to and from	50163
such facilities shall be provided by the school district in which	50164
the nonpublic school is located.	50165

(G) To provide remedial services to pupils attending	50166
nonpublic schools within the district. Such services shall be	50167
provided in the public school, in nonpublic schools, in public	50168
centers, or in mobile units located on or off of the nonpublic	50169
premises. If such services are provided in the public school or in	50170
public centers, transportation to and from such facilities shall	50171
be provided by the school district in which the nonpublic school	50172
is located.	50173

(H) To supply for use by pupils attending nonpublic schools	50174
within the district such standardized tests and scoring services	50175
as are in use in the public schools of the state;	50176

(I) To provide programs for children who attend nonpublic	50177
schools within the district and are children with disabilities as	50178
defined in section 3323.01 of the Revised Code or gifted children.	50179
Such programs shall be provided in the public school, in nonpublic	50180
schools, in public centers, or in mobile units located on or off	50181
of the nonpublic premises. If such programs are provided in the	50182
public school or in public centers, transportation to and from	50183
such facilities shall be provided by the school district in which	50184
the nonpublic school is located.	50185

(J) To hire clerical personnel to assist in the	50186
administration of programs pursuant to divisions (B), (C), (D),	50187
(E), (F), (G), and (I) of this section and to hire supervisory	50188
personnel to supervise the providing of services and textbooks	50189
pursuant to this section.	50190

(K) To purchase or lease any secular, neutral, and	50191
nonideological computer application software designed to assist	50192
students in performing a single task or multiple related tasks,	50193
device management software, learning management software,	50194
site-licensing, digital video on demand (DVD), wide area	50195
connectivity and related technology as it relates to internet	50196
access, mathematics or science equipment and materials,	50197
instructional materials, and school library materials that are in	50198
general use in the public schools of the state and loan such items	50199
to pupils attending nonpublic schools within the district or to	50200
their parents, and to hire clerical personnel to administer the	50201
lending program. Only such items that are incapable of diversion	50202
to religious use and that are susceptible of loan to individual	50203
pupils and are furnished for the use of individual pupils shall be	50204
purchased and loaned under this division. As used in this section,	50205
"instructional materials" means prepared learning materials that	50206
are secular, neutral, and nonideological in character and are of	50207
benefit to the instruction of school children~~, and may include~~	50208
~~educational resources and services developed by the eTech Ohio~~	50209
~~commission~~.	50210

Mobile applications that are secular, neutral, and	50211
nonideological in character and that are purchased for less than	50212
ten dollars for instructional use shall be considered to be	50213
consumable and shall be distributed to students without the	50214
expectation that the applications must be returned.	50215

(L) To purchase or lease instructional equipment, including	50216
computer hardware and related equipment in general use in the	50217
public schools of the state, for use by pupils attending nonpublic	50218
schools within the district and to loan such items to pupils	50219
attending nonpublic schools within the district or to their	50220
parents, and to hire clerical personnel to administer the lending	50221
program. "Computer hardware and related equipment" includes	50222
desktop computers and workstations; laptop computers, computer	50223
tablets, and other mobile handheld devices; and their operating	50224
systems and accessories.	50225

(M) To purchase mobile units to be used for the provision of	50226
services pursuant to divisions (E), (F), (G), and (I) of this	50227
section and to pay for necessary repairs and operating costs	50228
associated with these units.	50229

(N) To reimburse costs the district incurred to store the	50230
records of a chartered nonpublic school that closes.	50231
Reimbursements under this division shall be made one time only for	50232
each chartered nonpublic school that closes.	50233

(O) To purchase life-saving medical or other emergency	50234
equipment for placement in nonpublic schools within the district	50235
or to maintain such equipment.	50236

Clerical and supervisory personnel hired pursuant to division	50237
(J) of this section shall perform their services in the public	50238
schools, in nonpublic schools, public centers, or mobile units	50239
where the services are provided to the nonpublic school pupil,	50240
except that such personnel may accompany pupils to and from the	50241
service sites when necessary to ensure the safety of the children	50242
receiving the services.	50243

All services provided pursuant to this section may be	50244
provided under contract with educational service centers, the	50245
department of health, city or general health districts, or private	50246
agencies whose personnel are properly licensed by an appropriate	50247
state board or agency.	50248

Transportation of pupils provided pursuant to divisions (E),	50249
(F), (G), and (I) of this section shall be provided by the school	50250
district from its general funds and not from moneys paid to it	50251
under division (E) of section 3317.024 of the Revised Code unless	50252
a special transportation request is submitted by the parent of the	50253
child receiving service pursuant to such divisions. If such an	50254
application is presented to the school district, it may pay for	50255
the transportation from moneys paid to it under division (E) of	50256
section 3317.024 of the Revised Code.	50257

No school district shall provide health or remedial services	50258
to nonpublic school pupils as authorized by this section unless	50259
such services are available to pupils attending the public schools	50260
within the district.	50261

Materials, equipment, computer hardware or software,	50262
textbooks, ~~electronic textbooks~~digital texts, and health and	50263
remedial services provided for the benefit of nonpublic school	50264
pupils pursuant to this section and the admission of pupils to	50265
such nonpublic schools shall be provided without distinction as to	50266
race, creed, color, or national origin of such pupils or of their	50267
teachers.	50268

No school district shall provide services, materials, or	50269
equipment that contain religious content for use in religious	50270
courses, devotional exercises, religious training, or any other	50271
religious activity.	50272

As used in this section, "parent" includes a person standing	50273
in loco parentis to a child.	50274

Notwithstanding section 3317.01 of the Revised Code, payments	50275
shall be made under this section to any city, local, or exempted	50276
village school district within which is located one or more	50277
nonpublic elementary or high schools and any payments made to	50278
school districts under division (E) of section 3317.024 of the	50279
Revised Code for purposes of this section may be disbursed without	50280
submission to and approval of the controlling board.	50281

The allocation of payments for materials, equipment,	50282
textbooks, ~~electronic textbooks~~digital texts, health services,	50283
and remedial services to city, local, and exempted village school	50284
districts shall be on the basis of the state board of education's	50285
estimated annual average daily membership in nonpublic elementary	50286
and high schools located in the district.	50287

Payments made to city, local, and exempted village school	50288
districts under this section shall be equal to specific	50289
appropriations made for the purpose. All interest earned by a	50290
school district on such payments shall be used by the district for	50291
the same purposes and in the same manner as the payments may be	50292
used.	50293

The department of education shall adopt guidelines and	50294
procedures under which such programs and services shall be	50295
provided, under which districts shall be reimbursed for	50296
administrative costs incurred in providing such programs and	50297
services, and under which any unexpended balance of the amounts	50298
appropriated by the general assembly to implement this section may	50299
be transferred to the auxiliary services personnel unemployment	50300
compensation fund established pursuant to section 4141.47 of the	50301
Revised Code. The department shall also adopt guidelines and	50302
procedures limiting the purchase and loan of the items described	50303
in division (K) of this section to items that are in general use	50304
in the public schools of the state, that are incapable of	50305
diversion to religious use, and that are susceptible to individual	50306
use rather than classroom use. Within thirty days after the end of	50307
each biennium, each board of education shall remit to the	50308
department all moneys paid to it under division (E) of section	50309
3317.024 of the Revised Code and any interest earned on those	50310
moneys that are not required to pay expenses incurred under this	50311
section during the biennium for which the money was appropriated	50312
and during which the interest was earned. If a board of education	50313
subsequently determines that the remittal of moneys leaves the	50314
board with insufficient money to pay all valid expenses incurred	50315
under this section during the biennium for which the remitted	50316
money was appropriated, the board may apply to the department of	50317
education for a refund of money, not to exceed the amount of the	50318
insufficiency. If the department determines the expenses were	50319
lawfully incurred and would have been lawful expenditures of the	50320
refunded money, it shall certify its determination and the amount	50321
of the refund to be made to the director of job and family	50322
services who shall make a refund as provided in section 4141.47 of	50323
the Revised Code.	50324

Each school district shall label materials, equipment,	50325
computer hardware or software, textbooks, and ~~electronic textbooks~~	50326
digital texts purchased or leased for loan to a nonpublic school	50327
under this section, acknowledging that they were purchased or	50328
leased with state funds under this section. However, a district	50329
need not label materials, equipment, computer hardware or	50330
software, textbooks, or ~~electronic textbooks~~digital texts that	50331
the district determines are consumable in nature or have a value	50332
of less than two hundred dollars.	50333

Sec. 3317.08. A board of education may admit to its schools	50334
a child it is not required by section 3313.64 or 3313.65 of the	50335
Revised Code to admit, if tuition is paid for the child.	50336

Unless otherwise provided by law, tuition shall be computed	50337
in accordance with this section. A district's tuition charge for a	50338
school year shall be one of the following:	50339

(A) For any child, except a preschool child with a disability	50340
described in division (B) of this section, the quotient obtained	50341
by dividing the sum of the amounts described in divisions (A)(1)	50342
and (2) of this section by the district's formula ADM.	50343

(1) The district's total taxes charged and payable for	50344
current expenses for the tax year preceding the tax year in which	50345
the school year begins as certified under division (A)(3) of	50346
section 3317.021 of the Revised Code.	50347

(2) The district's total taxes collected for current expenses	50348
under a school district income tax adopted pursuant to section	50349
5748.03, 5748.08, or 5748.09 of the Revised Code that are	50350
disbursed to the district during the fiscal year, excluding any	50351
income tax receipts allocated for the project cost, debt service,	50352
or maintenance set-aside associated with a state-assisted	50353
classroom facilities project as authorized by section 3318.052 of	50354
the Revised Code. On or before the first day of June of each year,	50355
the tax commissioner shall certify the amount to be used in the	50356
calculation under this division for the next fiscal year to the	50357
department of education and the office of budget and management	50358
for each city, local, and exempted village school district that	50359
levies a school district income tax.	50360

(B) For any preschool child with a disability ~~not included in~~	50361
~~a unit approved under division (B) of section 3317.05 of the~~	50362
~~Revised Code~~, an amount computed for the school year as follows:	50363

(1) For each type of special education service provided to	50364
the child for whom tuition is being calculated, determine the	50365
amount of the district's operating expenses in providing that type	50366
of service to all preschool children with disabilities ~~not~~	50367
~~included in units approved under division (B) of section 3317.05~~	50368
~~of the Revised Code~~;	50369

(2) For each type of special education service for which	50370
operating expenses are determined under division (B)(1) of this	50371
section, determine the amount of such operating expenses that was	50372
paid from any state funds received under this chapter;	50373

(3) For each type of special education service for which	50374
operating expenses are determined under division (B)(1) of this	50375
section, divide the difference between the amount determined under	50376
division (B)(1) of this section and the amount determined under	50377
division (B)(2) of this section by the total number of preschool	50378
children with disabilities ~~not included in units approved under~~	50379
~~division (B) of section 3317.05 of the Revised Code~~ who received	50380
that type of service;	50381

(4) Determine the sum of the quotients obtained under	50382
division (B)(3) of this section for all types of special education	50383
services provided to the child for whom tuition is being	50384
calculated.	50385

The state board of education shall adopt rules defining the	50386
types of special education services and specifying the operating	50387
expenses to be used in the computation under this section.	50388

If any child for whom a tuition charge is computed under this	50389
section for any school year is enrolled in a district for only	50390
part of that school year, the amount of the district's tuition	50391
charge for the child for the school year shall be computed in	50392
proportion to the number of school days the child is enrolled in	50393
the district during the school year.	50394

Except as otherwise provided in division (J) of section	50395
3313.64 of the Revised Code, whenever a district admits a child to	50396
its schools for whom tuition computed in accordance with this	50397
section is an obligation of another school district, the amount of	50398
the tuition shall be certified by the treasurer of the board of	50399
education of the district of attendance, to the board of education	50400
of the district required to pay tuition for its approval and	50401
payment. If agreement as to the amount payable or the district	50402
required to pay the tuition cannot be reached, or the board of	50403
education of the district required to pay the tuition refuses to	50404
pay that amount, the board of education of the district of	50405
attendance shall notify the superintendent of public instruction.	50406
The superintendent shall determine the correct amount and the	50407
district required to pay the tuition and shall deduct that amount,	50408
if any, under division (D) of section 3317.023 of the Revised	50409
Code, from the district required to pay the tuition and add that	50410
amount to the amount allocated to the district attended under such	50411
division. The superintendent of public instruction shall send to	50412
the district required to pay the tuition an itemized statement	50413
showing such deductions at the time of such deduction.	50414

When a political subdivision owns and operates an airport,	50415
welfare, or correctional institution or other project or facility	50416
outside its corporate limits, the territory within which the	50417
facility is located is exempt from taxation by the school district	50418
within which such territory is located, and there are school age	50419
children residing within such territory, the political subdivision	50420
owning such tax exempt territory shall pay tuition to the district	50421
in which such children attend school. The tuition for these	50422
children shall be computed as provided for in this section.	50423

Sec. 3317.10. (A) On or before the first day of March of	50424
each year, the department of job and family services shall certify	50425
to the state board of education the unduplicated number of	50426
children ages five through seventeen residing in each school	50427
district and living in a family that, during the preceding	50428
October, participated in Ohio works first.	50429

The department of job and family services shall certify this	50430
information according to the school district of residence for each	50431
child. ~~Except as provided under division (B) of this section, the~~	50432
~~number of children so certified in any year shall be used by the~~	50433
~~department of education in calculating the distribution of moneys~~	50434
~~for the ensuing fiscal year as provided in section 3317.029 of the~~	50435
~~Revised Code.~~	50436

(B) Upon the transfer of part of the territory of one school	50437
district to the territory of one or more other school districts,	50438
the department of education may adjust the number of children	50439
certified under division (A) of this section for any district	50440
gaining or losing territory in such a transfer in order to take	50441
into account the effect of the transfer on the number of such	50442
children who reside in the district. Within sixty days of receipt	50443
of a request for information from the department of education, the	50444
department of job and family services shall provide any	50445
information the department of education determines is necessary to	50446
make such adjustments. ~~The department of education may use the~~	50447
~~adjusted number for any district for the applicable fiscal year,~~	50448
~~in lieu of the number certified for the district for that fiscal~~	50449
~~year under division (A) of this section, in the calculation of the~~	50450
~~distribution of moneys provided in section 3317.029 of the Revised~~	50451
~~Code.~~	50452

Sec. 3317.12. Any board of education participating in funds	50453
distributed under Chapter 3317. of the Revised Code shall annually	50454
adopt a salary ~~schedule~~schedules for teachers and nonteaching	50455
school employees ~~based upon training, experience, and~~	50456
~~qualifications with initial salaries no less than the salaries in~~	50457
~~effect on October 13, 1967. Each board of education shall prepare~~	50458
~~and may amend from time to time, specifications descriptive of~~	50459
~~duties, responsibilities, requirements, and desirable~~	50460
~~qualifications of the classifications of employees required to~~	50461
~~perform the duties specified in the salary schedule. All~~	50462
~~nonteaching school employees are to be notified of the position~~	50463
~~classification to which they are assigned and the salary for the~~	50464
~~classification. The compensation of all employees working for a~~	50465
~~particular school board shall be uniform for like positions except~~	50466
~~as compensation would be affected by salary increments based upon~~	50467
~~length of service.~~	50468

~~On the fifteenth day of October each year the salary schedule~~	50469
~~and the list of job classifications and salaries in effect on that~~	50470
~~date shall be filed by each board of education with the~~	50471
~~superintendent of public instruction. If such salary schedule and~~	50472
~~classification plan is not filed the superintendent of public~~	50473
~~instruction shall order the board to file such schedules~~	50474
~~forthwith. If this condition is not corrected within ten days~~	50475
~~after receipt of the order from the superintendent of public~~	50476
~~instruction, no money shall be distributed to the district under~~	50477
~~Chapter 3317. of the Revised Code until the superintendent has~~	50478
~~satisfactory evidence of the board of education's full compliance~~	50479
~~with such order~~.	50480

Sec. 3317.14. Any school district board of education or	50481
educational service center governing board participating in funds	50482
distributed under Chapter 3317. of the Revised Code shall annually	50483
adopt a teachers' salary schedule with provision for increments	50484
based upon training and years of service. ~~Notwithstanding sections~~	50485
~~3317.13 and 3319.088 of the Revised Code, the~~The board may	50486
establish its own service requirements and may grant service	50487
credit for such activities as teaching in public or nonpublic	50488
schools in this state or in another state, for service as an	50489
educational assistant other than as a classroom aide employed in	50490
accordance with section 5107.541 of the Revised Code, and for	50491
service in the military or in an appropriate state or federal	50492
governmental agency, ~~provided no teacher receives less than the~~	50493
~~amount required to be paid pursuant to section 3317.13 of the~~	50494
~~Revised Code and~~ provided full credit for a minimum of five years	50495
of actual teaching and military experience ~~as defined in division~~	50496
~~(A) of section 3317.13 of the Revised Code~~ is given to each	50497
teacher.	50498

~~On the fifteenth day of October of each year, a copy of the~~	50499
~~salary schedule in effect on that date shall be filed by the board~~	50500
~~of education of each local school district with the educational~~	50501
~~service center superintendent, who thereupon shall certify to the~~	50502
~~treasurer of such local district the correct salary to be paid to~~	50503
~~each teacher in accordance with the adopted schedule.~~	50504

~~Each teacher who has completed training which would qualify~~	50505
~~such teacher for a higher salary bracket pursuant to this section~~	50506
~~shall file by the fifteenth day of September with the treasurer of~~	50507
~~the board of education or educational service center satisfactory~~	50508
~~evidence of the completion of such additional training. The~~	50509
~~treasurer shall then immediately place the teacher, pursuant to~~	50510
~~this section and section 3317.13 of the Revised Code, in the~~	50511
~~proper salary bracket in accordance with training and years of~~	50512
~~service before certifying such salary, training, and years of~~	50513
~~service to the superintendent of public instruction. No teacher~~	50514
~~shall be paid less than the salary to which such teacher is~~	50515
~~entitled pursuant to section 3317.13 of the Revised Code.~~	50516

As used in this section:

50517

(A) "Years of service" includes the following:

50518

(1) All years of teaching service in the same school district	50519
or educational service center, regardless of training level, with	50520
each year consisting of at least one hundred twenty days under a	50521
teacher's contract;	50522

(2) All years of teaching service in a chartered, nonpublic	50523
school located in Ohio as a teacher licensed pursuant to section	50524
3319.22 of the Revised Code or in another public school,	50525
regardless of training level, with each year consisting of at	50526
least one hundred twenty days under a teacher's contract;	50527

(3) All years of teaching service in a chartered school or	50528
institution or a school or institution that subsequently became	50529
chartered or a chartered special education program or a special	50530
education program that subsequently became chartered operated by	50531
the state or by a subdivision or other local governmental unit of	50532
this state as a teacher licensed pursuant to section 3319.22 of	50533
the Revised Code, regardless of training level, with each year	50534
consisting of at least one hundred twenty days;	50535

(4) All years of active military service in the armed forces	50536
of the United States, as defined in section 3307.75 of the Revised	50537
Code, to a maximum of five years. For purposes of this	50538
calculation, a partial year of active military service of eight	50539
continuous months or more in the armed forces shall be counted as	50540
a full year.	50541

(B) "Teacher" means all teachers employed by the board of	50542
education of any school district, including any cooperative	50543
education or joint vocational school district and all teachers	50544
employed by any educational service center governing board.	50545

Sec. 3317.141. The board of education of any city, exempted	50546
village, local, or joint vocational school district that is the	50547
recipient of moneys from a grant awarded under the federal race to	50548
the top program, Division (A), Title XIV, Sections 14005 and 14006	50549
of the "American Recovery and Reinvestment Act of 2009," Pub. L.	50550
No. 111-5, 123 Stat. 115, shall comply with this section in	50551
accordance with the timeline contained in the board's scope of	50552
work, as approved by the superintendent of public instruction, and	50553
shall not be subject to ~~sections 3317.13 and~~section 3317.14 of	50554
the Revised Code. The board of education of any other school	50555
district, and the governing board of each educational service	50556
center, shall comply with either this section or ~~sections 3317.13~~	50557
~~and~~section 3317.14 of the Revised Code.	50558

(A) The board annually shall adopt a salary schedule for	50559
teachers based upon performance as described in division (B) of	50560
this section.	50561

(B) For purposes of the schedule, a board shall measure a	50562
teacher's performance by considering all of the following:	50563

(1) The level of license issued under section 3319.22 of the	50564
Revised Code that the teacher holds;	50565

(2) Whether the teacher is a highly qualified teacher, as	50566
defined in section 3319.074 of the Revised Code;	50567

(3) Ratings received by the teacher on performance	50568
evaluations conducted under section 3319.111 of the Revised Code.	50569

(C) The schedule shall provide for annual adjustments based	50570
on performance on the evaluations conducted under section 3319.111	50571
of the Revised Code. The annual performance-based adjustment for a	50572
teacher rated as accomplished shall be greater than the annual	50573
performance-based adjustment for a teacher rated as proficient.	50574

(D) The salary schedule adopted under this section may	50575
provide for additional compensation for teachers who agree to	50576
perform duties, not contracted for under a supplemental contract,	50577
that the employing board determines warrant additional	50578
compensation. Those duties may include, but are not limited to,	50579
assignment to a school building eligible for funding under Title I	50580
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	50581
6301 et seq.; assignment to a building in "school improvement"	50582
status under the "No Child Left Behind Act of 2001," as defined in	50583
section 3302.01 of the Revised Code; teaching in a grade level or	50584
subject area in which the board has determined there is a shortage	50585
within the district or service center; or assignment to a	50586
hard-to-staff school, as determined by the board.	50587

Sec. 3317.16. (A) The department of education shall compute	50588
and distribute state core foundation funding to each joint	50589
vocational school district for the fiscal year as prescribed in	50590
the following divisions:	50591

(1) An opportunity grant calculated according to the	50592
following formula:	50593

(The formula amount X formula ADM) - (0.0005 X the	50594

district's three-year average valuation)	50595

If the result of the calculation for a joint vocational	50596
school district under division (A)(1) of this section is less than	50597
zero, the joint vocational school district's opportunity grant	50598
shall be zero.	50599

(2) Additional state aid for special education and related	50600
services provided under Chapter 3323. of the Revised Code	50601
calculated as the sum of the following:	50602

The formula amount X the district's total special education	50603

weight X the district's state share percentage	50604

(3) Economically disadvantaged funds calculated according to	50605
the following formula:	50606

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	50607

(the district's economically disadvantaged index) X the number	50608

of students who are economically disadvantaged as reported under	50609

division (D)(2)(p) of section 3317.03 of the Revised Code	50610

(4) Limited English proficiency funds calculated as the sum	50611
of the following:	50612

(a) The district's category one limited English proficient	50613
ADM X the amount specified in division (A) of section 3317.016 of	50614
the Revised Code X the district's state share percentage;	50615

(b) The district's category two limited English proficient	50616
ADM X the amount specified in division (B) of section 3317.016 of	50617
the Revised Code X the district's state share percentage;	50618

(c) The district's category three limited English proficient	50619
ADM X the amount specified in division (C) of section 3317.016 of	50620
the Revised Code X the district's state share percentage;	50621

(5) Career-technical education funds calculated according to	50622
the following formula:	50623

The formula amount X the district's total career-technical	50624

education weight X the district's state share percentage	50625

Payment of funds under division (A)(5) of this section is	50626
subject to approval under section 3317.161 of the Revised Code.	50627

(6) Career-technical education associated services funds	50628
calculated under the following formula:	50629

The district's state share percentage X 0.05 X the formula	50630

amount X the sum of categories one through five career-technical	50631

education ADM	50632

(B)(1) If a joint vocational school district's costs for a	50633
fiscal year for a student in its categories two through six	50634
special education ADM exceed the threshold catastrophic cost for	50635
serving the student, as specified in division (B) of section	50636
3317.0214 of the Revised Code, the district may submit to the	50637
superintendent of public instruction documentation, as prescribed	50638
by the superintendent, of all of its costs for that student. Upon	50639
submission of documentation for a student of the type and in the	50640
manner prescribed, the department shall pay to the district an	50641
amount equal to the sum of the following:	50642

(a) One-half of the district's costs for the student in	50643
excess of the threshold catastrophic cost;	50644

(b) The product of one-half of the district's costs for the	50645
student in excess of the threshold catastrophic cost multiplied by	50646
the district's state share percentage.	50647

(2) The district shall report under division (B)(1) of this	50648
section, and the department shall pay for, only the costs of	50649
educational expenses and the related services provided to the	50650
student in accordance with the student's individualized education	50651
program. Any legal fees, court costs, or other costs associated	50652
with any cause of action relating to the student may not be	50653
included in the amount.	50654

(C)(1) For each student with a disability receiving special	50655
education and related services under an individualized education	50656
program, as defined in section 3323.01 of the Revised Code, at a	50657
joint vocational district, the resident district or, if the	50658
student is enrolled in a community school, the community school	50659
shall be responsible for the amount of any costs of providing	50660
those special education and related services to that student that	50661
exceed the sum of the amount calculated for those services	50662
attributable to that student under division (A) of this section.	50663

Those excess costs shall be calculated by subtracting the sum	50664
of the following from the actual cost to provide special education	50665
and related services to the student:	50666

(a) The formula amount;

50667

(b) The formula amount times the multiple specified in	50668
section 3317.013 of the Revised Code that is applicable to the	50669
student;	50670

50671

(2) The board of education of the joint vocational school	50672
district may report the excess costs calculated under division	50673
(C)(1) of this section to the department of education.	50674

(3) If the board of education of the joint vocational school	50675
district reports excess costs under division (C)(2) of this	50676
section, the department shall pay the amount of excess cost	50677
calculated under division (C)(2) of this section to the joint	50678
vocational school district and shall deduct that amount as	50679
provided in division (C)(3)(a) or (b) of this section, as	50680
applicable:	50681

(a) If the student is not enrolled in a community school, the	50682
department shall deduct the amount from the account of the	50683
student's resident district pursuant to division (J) of section	50684
3317.023 of the Revised Code.	50685

(b) If the student is enrolled in a community school, the	50686
department shall deduct the amount from the account of the	50687
community school pursuant to section 3314.083 of the Revised Code.	50688

(D) In any fiscal year, a school district receiving funds	50689
under division (A)(5) of this section shall spend those funds only	50690
for the purposes that the department designates as approved for	50691
career-technical education expenses. Career-technical educational	50692
expenses approved by the department shall include only expenses	50693
connected to the delivery of career-technical programming to	50694
career-technical students. The department shall require the school	50695
district to report data annually so that the department may	50696
monitor the district's compliance with the requirements regarding	50697
the manner in which funding received under division (A)(5) of this	50698
section may be spent.	50699

(E) In any fiscal year, a school district receiving funds	50700
under division (A)(6) of this section, or through a transfer of	50701
funds pursuant to division (I) of section 3317.023 of the Revised	50702
Code, shall spend those funds only for the purposes that the	50703
department designates as approved for career-technical education	50704
associated services expenses, which may include such purposes as	50705
apprenticeship coordinators, coordinators for other	50706
career-technical education services, career-technical evaluation,	50707
and other purposes designated by the department. The department	50708
may deny payment under division (A)(6) of this section to any	50709
district that the department determines is not operating those	50710
services or is using funds paid under division (A)(6) of this	50711
section, or through a transfer of funds pursuant to division (I)	50712
of section 3317.023 of the Revised Code, for other purposes.	50713

(F) As used in this section:

50714

(1) "Community school" means a community school established	50715
under Chapter 3314. of the Revised Code.	50716

(2) "Resident district" means the city, local, or exempted	50717
village school district in which a student is entitled to attend	50718
school under section 3313.64 or 3313.65 of the Revised Code.	50719

(3) "State share percentage" is equal to the following:

50720

The amount computed under division (A)(1) of this section /	50721

(the formula amount X formula ADM)	50722

Sec. 3317.161. (A) As used in this section, "lead district"	50723
has the same meaning as in section 3317.023 of the Revised Code.	50724

(B) The lead district of a career-technical planning district	50725
shall review the career-technical education program of each city,	50726
local, and exempted village school district, each community	50727
school, and each STEM school that is assigned to the	50728
career-technical planning district and determine whether to	50729
approve or disapprove the program. The lead district shall notify	50730
the department of its determination.	50731

(C) Upon receiving notification of a lead district's	50732
approval, the department shall pay to the member city, local, or	50733
exempted village school district or deduct from the state	50734
education aid of a district and pay to a community school or STEM	50735
school the funds attributed to the career-technical students	50736
enrolled in the district or school, according to a payment	50737
schedule prescribed by the department.	50738

(D) Upon receiving notification from a lead district of	50739
disapproval of a city, local, or exempted village school	50740
district's, a community school's, or STEM school's	50741
career-technical education program, the department shall	50742
automatically review the lead district's decision. In reviewing	50743
the lead district's decision, the department shall consider the	50744
demand for the career-technical education program and the	50745
availability of the program within the career-technical planning	50746
district. If, as a result of the review, the department decides to	50747
approve the city, local, or exempted village school district's,	50748
the community school's, or the STEM school's career-technical	50749
education program, the department shall pay the funds to the	50750
district or deduct and pay the funds to the community school or	50751
STEM school in the manner described in division (C) of this	50752
section. The department's decision shall be final.	50753

Sec. 3317.18. (A) As used in this section, the terms	50754
"Chapter 133. securities," "credit enhancement facilities," "debt	50755
charges," "general obligation," "legislation," "public	50756
obligations," and "securities" have the same meanings as in	50757
section 133.01 of the Revised Code.	50758

(B) The board of education of any school district authorizing	50759
the issuance of securities under section 133.10~~, 133.301,~~ or	50760
3313.372 of the Revised Code or general obligation Chapter 133.	50761
securities may adopt legislation requesting the state department	50762
of education to approve, and enter into an agreement with the	50763
school district and the primary paying agent or fiscal agent for	50764
such securities providing for, the withholding and deposit of	50765
funds, otherwise due the district under Chapter 3317. of the	50766
Revised Code, for the payment of debt service charges on such	50767
securities.	50768

The board of education shall deliver to the state department	50769
a copy of such resolution and any additional pertinent information	50770
the state department may require.	50771

The department of education and the office of budget and	50772
management shall evaluate each request received from a school	50773
district under this section and the department, with the advice	50774
and consent of the director of budget and management, shall	50775
approve or deny each request based on all of the following:	50776

(1) Whether approval of the request will enhance the	50777
marketability of the securities for which the request is made;	50778

(2) Any other pertinent factors or limitations established in	50779
rules made under division (I) of this section, including:	50780

(a) Current and projected obligations of funds due to the	50781
requesting school district under Chapter 3317. of the Revised Code	50782
including obligations of those funds to public obligations or	50783
relevant credit enhancement facilities under this section, Chapter	50784
133. and section 3313.483 of the Revised Code, and under any other	50785
similar provisions of law;	50786

(b) Whether the department of education or the office of	50787
budget and management has any reason to believe the requesting	50788
school district will be unable to pay when due the debt charges on	50789
the securities for which the request is made.	50790

The department may require a school district to establish	50791
schedules for the payment of all debt charges that take into	50792
account the amount and timing of anticipated distributions of	50793
funds to the district under Chapter 3317. of the Revised Code.	50794

(C) If the department approves the request of a school	50795
district to withhold and deposit funds pursuant to this section,	50796
the department shall enter into a written agreement with the	50797
district and the primary paying agent or fiscal agent for the	50798
securities which shall provide for the withholding of funds	50799
pursuant to this section for the payment of debt charges on those	50800
securities, and may include both of the following:	50801

(1) Provisions for certification by the district to the	50802
department, at a time prior to any date for the payment of	50803
applicable debt charges, whether the district is able to pay those	50804
debt charges when due;	50805

(2) Requirements that the district deposit amounts for the	50806
payment of debt charges on the securities with the primary paying	50807
agent or fiscal agent for the securities prior to the date on	50808
which those debt charge payments are due to the owners or holders	50809
of the securities.	50810

(D) Whenever a district notifies the department of education	50811
that it will be unable to pay debt charges when they are due,	50812
subject to the withholding provisions of this section, or whenever	50813
the applicable paying agent or fiscal agent notifies the	50814
department that it has not timely received from a school district	50815
the full amount needed for the payment when due of those debt	50816
charges to the holders or owners of such securities, the	50817
department shall immediately contact the school district and the	50818
paying agent or fiscal agent to confirm or determine whether the	50819
district is unable to make the required payment by the date on	50820
which it is due.	50821

Upon demand of the treasurer of state while holding a school	50822
district obligation purchased under division (G)(1) of section	50823
135.143 of the Revised Code, the state department of education,	50824
without a request of the school district, shall withhold and	50825
deposit funds pursuant to this section for payment of debt service	50826
charges on that obligation.	50827

If the department confirms or determines that the district	50828
will be unable to make such payment and payment will not be made	50829
pursuant to a credit enhancement facility, the department shall	50830
promptly pay to the applicable primary paying agent or fiscal	50831
agent the lesser of the amount due for debt charges or the amount	50832
due the district for the remainder of the fiscal year under	50833
Chapter 3317. of the Revised Code. If this amount is insufficient	50834
to pay the total amount then due the agent for the payment of debt	50835
charges, the department shall pay to the agent each fiscal year	50836
thereafter, and until the full amount due the agent for unpaid	50837
debt charges is paid in full, the lesser of the remaining amount	50838
due the agent for debt charges or the amount due the district for	50839
the fiscal year under Chapter 3317. of the Revised Code.	50840

(E) The state department may make any payments under this	50841
division by direct deposit of funds by electronic transfer.	50842

Any amount received by a paying agent or fiscal agent under	50843
this section shall be applied only to the payment of debt charges	50844
on the securities of the school district subject to this section	50845
or to the reimbursement to the provider of a credit enhancement	50846
facility that has paid such debt charges.	50847

(F) To the extent a school district whose securities are	50848
subject to this section is unable to pay applicable debt charges	50849
because of the failure to collect property taxes levied for the	50850
payment of those debt charges, the district may transfer to or	50851
deposit into any fund that would have received payments under	50852
Chapter 3317. of the Revised Code that were withheld under this	50853
section any such delinquent property taxes when later collected,	50854
provided that transfer or deposit shall be limited to the amounts	50855
withheld from that fund under this section.	50856

(G) The department may make payments under this section to	50857
paying agents or fiscal agents only from and to the extent that	50858
money is appropriated by the general assembly for Chapter 3317. of	50859
the Revised Code or for the purposes of this section. No	50860
securities of a school district to which this section is made	50861
applicable constitute an obligation or a debt or a pledge of the	50862
faith, credit, or taxing power of the state, and the holders or	50863
owners of such securities have no right to have taxes levied or	50864
appropriations made by the general assembly for the payment of	50865
debt charges on those securities, and those securities, if the	50866
department requires, shall contain a statement to that effect. The	50867
agreement for or the actual withholding and payment of moneys	50868
under this section does not constitute the assumption by the state	50869
of any debt of a school district.	50870

(H) In the case of securities subject to the withholding	50871
provisions of this section, the issuing board of education shall	50872
appoint a paying agent or fiscal agent who is not an officer or	50873
employee of the school district.	50874

(I) The department of education, with the advice of the	50875
office of budget and management, may adopt reasonable rules not	50876
inconsistent with this section for the implementation of this	50877
section and division (B) of section 133.25 of the Revised Code as	50878
it relates to the withholding and depositing of payments under	50879
Chapter 3317. of the Revised Code to secure payment of debt	50880
charges on school district securities. Those rules shall include	50881
criteria for the evaluation and approval or denial of school	50882
district requests for withholding under this section and limits on	50883
the obligation for the purpose of paying debt charges or	50884
reimbursing credit enhancement facilities of funds otherwise to be	50885
paid to school districts under Chapter 3317. of the Revised Code.	50886

(J) The authority granted by this section is in addition to	50887
and not a limitation on any other authorizations granted by or	50888
pursuant to law for the same or similar purposes.	50889

Sec. 3317.19. ~~(A) As used in this section, "total unit~~	50890
~~allowance" means an amount equal to the sum of the following:~~	50891

~~(1) The total of the salary allowances for the teachers~~	50892
~~employed in the cooperative education school district for all~~	50893
~~units approved under division (B) or (C) of section 3317.05 of the~~	50894
~~Revised Code. The salary allowance for each unit shall equal the~~	50895
~~minimum salary for the teacher of the unit calculated on the basis~~	50896
~~of the teacher's training level and years of experience pursuant~~	50897
~~to the salary schedule prescribed in the version of section~~	50898
~~3317.13 of the Revised Code in effect prior to July 1, 2001.~~	50899

~~(2) Fifteen per cent of the total computed under division~~	50900
~~(A)(1) of this section;~~	50901

~~(3) The total of the unit operating allowances for all~~	50902
~~approved units. The amount of each allowance shall equal one of~~	50903
~~the following:~~	50904

~~(a) Eight thousand twenty-three dollars times the number of~~	50905
~~units for preschool children with disabilities or fraction thereof~~	50906
~~approved for the year under division (B) of section 3317.05 of the~~	50907
~~Revised Code;~~	50908

~~(b) Two thousand one hundred thirty-two dollars times the~~	50909
~~number of units or fraction thereof approved for the year under~~	50910
~~division (C) of section 3317.05 of the Revised Code.~~	50911

~~(B)~~ The state board of education shall compute and distribute	50912
to each cooperative education school district for each fiscal year	50913
an amount equal to the sum of the following:	50914

~~(1)~~(A) An amount equal to the total of the amounts credited	50915
to the cooperative education school district pursuant to division	50916
(H) of section 3317.023 of the Revised Code;	50917

~~(2) The total unit allowance;~~

50918

~~(3)~~(B) An amount for assisting in providing free lunches to	50919
needy children pursuant to division (D) of section 3317.024 of the	50920
Revised Code.	50921

~~(C) If a cooperative education school district has had~~	50922
~~additional special education units approved for the year under~~	50923
~~division (F)(2) of section 3317.03 of the Revised Code, the~~	50924
~~district shall receive an additional amount during the last half~~	50925
~~of the fiscal year. For each unit, the additional amount shall~~	50926
~~equal fifty per cent of the amount computed under division (A) of~~	50927
~~this section for a unit approved under division (B) of section~~	50928
~~3317.05 of the Revised Code.~~	50929

Sec. 3317.20. This section does not apply to preschool	50930
children with disabilities.	50931

(A) As used in this section:

50932

(1) "Applicable weight" means the multiple specified in	50933
section 3317.013 of the Revised Code for a disability described in	50934
that section.	50935

(2) "Child's school district" means the school district in	50936
which a child is entitled to attend school pursuant to section	50937
3313.64 or 3313.65 of the Revised Code.	50938

(3) "State share ~~percentage~~index" means the state share	50939
~~percentage~~index of the child's school district.	50940

(B) ~~Except as provided in division (C) of this section, the~~	50941
The department shall annually pay each county DD board for each	50942
child with a disability, other than a preschool child with a	50943
disability, for whom the county DD board provides special	50944
education and related services an amount equal to the formula	50945
amount + (state share ~~percentage~~index X formula amount X the	50946
applicable weight).	50947

~~(C) If any school district places with a county DD board more~~	50948
~~children with disabilities than it had placed with a county DD~~	50949
~~board in fiscal year 1998, the department shall not make a payment~~	50950
~~under division (B) of this section for the number of children~~	50951
~~exceeding the number placed in fiscal year 1998. The department~~	50952
~~instead shall deduct from the district's payments under this~~	50953
~~chapter, and pay to the county DD board, an amount calculated in~~	50954
~~accordance with the formula prescribed in division (B) of this~~	50955
~~section for each child over the number of children placed in~~	50956
~~fiscal year 1998.~~	50957

~~(D) The department shall calculate for each county DD board~~	50958
~~receiving payments under divisions (B) and (C) of this section the~~	50959
~~following amounts:~~	50960

~~(1) The amount received by the county DD board for approved~~	50961
~~special education and related services units, other than units for~~	50962
~~preschool children with disabilities, in fiscal year 1998, divided~~	50963
~~by the total number of children served in the units that year;~~	50964

~~(2) The product of the quotient calculated under division~~	50965
~~(D)(1) of this section times the number of children for whom~~	50966
~~payments are made under divisions (B) and (C) of this section.~~	50967

~~If the amount calculated under division (D)(2) of this~~	50968
~~section is greater than the total amount calculated under~~	50969
~~divisions (B) and (C) of this section, the department shall pay~~	50970
~~the county DD board one hundred per cent of the difference in~~	50971
~~addition to the payments under divisions (B) and (C) of this~~	50972
~~section.~~	50973

~~(E)~~(C) Each county DD board shall report to the department,	50974
in the manner specified by the department, the name of each child	50975
for whom the county DD board provides special education and	50976
related services and the child's school district.	50977

~~(F)~~(D)(1) For the purpose of verifying the accuracy of the	50978
payments under this section, the department may request from	50979
either of the following entities the data verification code	50980
assigned under division (D)(2) of section 3301.0714 of the Revised	50981
Code to any child who is placed with a county DD board:	50982

(a) The child's school district;

50983

(b) The independent contractor engaged to create and maintain	50984
data verification codes.	50985

(2) Upon a request by the department under division ~~(F)~~(D)(1)	50986
of this section for the data verification code of a child, the	50987
child's school district shall submit that code to the department	50988
in the manner specified by the department. If the child has not	50989
been assigned a code, the district shall assign a code to that	50990
child and submit the code to the department by a date specified by	50991
the department. If the district does not assign a code to the	50992
child by the specified date, the department shall assign a code to	50993
the child.	50994

The department annually shall submit to each school district	50995
the name and data verification code of each child residing in the	50996
district for whom the department has assigned a code under this	50997
division.	50998

(3) The department shall not release any data verification	50999
code that it receives under division ~~(F)~~(D) of this section to any	51000
person except as provided by law.	51001

~~(G)~~(E) Any document relative to special education and related	51002
services provided by a county DD board that the department holds	51003
in its files that contains both a student's name or other	51004
personally identifiable information and the student's data	51005
verification code shall not be a public record under section	51006
149.43 of the Revised Code.	51007

~~Sec. 3313.847.~~ Sec. 3317.30. (A) In the case of a child placed in	51008
the custody of a juvenile facility established under section	51009
2151.65 or a detention facility established under section 2152.41	51010
of the Revised Code, ifpayment for the child's education services	51011
shall be administered by one of the following methods:	51012

(1) If the facility educates the child, the facility, or the	51013
chartered nonpublic school it operates, may submit its request for	51014
payment directly to the school district that is to bear the cost	51015
of educating the child, as determined under section 2151.362 of	51016
the Revised Code. That district shall pay the facility or the	51017
chartered nonpublic school directly for those services.	51018

(2) If the facility contracts directly with a school district	51019
in which the facility is located for services for that child, the	51020
school district may submit its request for payment directly to the	51021
school district that is to bear the cost of educating the child,	51022
as determined under section 2151.362 of the Revised Code. That	51023
district shall pay the school district where the facility is	51024
located directly for those services.	51025

(3) If that facility contracts directly with an educational	51026
service center for services for that child, the service center may	51027
submit its request for payment for services for the child directly	51028
to the school district that is responsible to bear the cost of	51029
educating the child, as determined under section 2151.362 of the	51030
Revised Code. That district shall pay the service center directly	51031
for those services. ~~Notwithstanding~~	51032

(B) Notwithstanding anything to the contrary in section	51033
3317.03 of the Revised Code, the district that pays a service	51034
center, facility or chartered nonpublic school the facility	51035
operates, or other school district for services for a particular	51036
child under this section shall include that child in the	51037
district's average daily membership as reported under division (A)	51038
of section 3317.03 of the Revised Code. No other district shall	51039
include the child in its average daily membership.	51040

Payments made for a child under this section shall be	51041
determined in accordance with division (C)(4) of section 3313.64	51042
of the Revised Code.	51043

Sec. 3317.40. (A) As used in this section, "subgroup" means	51044
one of the following subsets of the entire student population of a	51045
school district or a school building:	51046

(1) Students with disabilities;

51047

(2) Economically disadvantaged students;

51048

(3) Limited English proficient students;

51049

(4) Students identified as gifted in superior cognitive	51050
ability and specific academic ability fields under Chapter 3324.	51051
of the Revised Code.	51052

(B) When funds are provided under this chapter specifically	51053
for services for a subgroup of students, the general assembly has	51054
determined that these students experience unique challenges	51055
requiring additional resources. The department of education shall	51056
require school districts and schools to account for the	51057
expenditure of funds provided under this chapter for services to	51058
those students.	51059

(C) If a district or school fails to show satisfactory	51060
achievement and progress, as determined by the state board of	51061
education, for any subgroup of students based on performance	51062
measures reported or graded under section 3302.03 of the Revised	51063
Code, the district or school shall submit an improvement plan to	51064
the department for approval. The plan may be included in any other	51065
improvement plan required of the district or school under state or	51066
federal law. The department may require that a plan required under	51067
division (C) of this section include an agreement to partner with	51068
another organization that has demonstrated the ability to improve	51069
the educational outcome for that subgroup of students to provide	51070
services to those students. The partner organization may be	51071
another school, district, or other education provider.	51072

Not later than December 31, 2014, the state board of	51073
education shall establish measures of satisfactory achievement and	51074
progress, which include, but are not limited to, performance	51075
measures under section 3302.03 of the Revised Code. The department	51076
shall make the initial determination of satisfactory achievement	51077
and progress under this section using those measures not later	51078
than September 1, 2015, and then make determinations under this	51079
section annually thereafter.	51080

The department shall publish a list of schools, school	51081
districts, and other educational providers that have demonstrated	51082
an ability to serve each subgroup of students.	51083

Sec. 3317.50. The ~~eTech Ohio~~ telecommunity education fund is	51084
hereby created in the state treasury. The fund shall consist of	51085
certain excess local exchange telephone company contributions	51086
transferred from the reserve fund of the Ohio telecommunications	51087
advisory board pursuant to an agreement between the public	51088
utilities commission of Ohio and the Ohio department of education.	51089
The fund shall be used by the chancellor of the Ohio board of	51090
regents, in the amounts appropriated, to finance technology grants	51091
to state-chartered elementary and secondary schools. Investment	51092
earnings of the fund shall be credited to the fund.	51093

Sec. 3317.51. (A) The distance learning fund is hereby	51094
created in the state treasury. The fund shall consist of moneys	51095
paid ~~to the eTech Ohio commission~~ by any telephone company as a	51096
part of a settlement agreement between such company and the public	51097
utilities commission in fiscal year 1995 in part to establish	51098
distance learning throughout the state. The ~~commission~~chancellor	51099
of the Ohio board of regents shall administer the fund and expend	51100
moneys from it to finance technology grants to eligible schools	51101
chartered by the state board of education to establish distance	51102
learning in those schools. Chartered schools are eligible for	51103
funds if they are within the service area of the telephone	51104
company. Investment earnings of the fund shall be credited to the	51105
fund.	51106

(B) For purposes of this section, "distance learning" means	51107
the creation of a learning environment involving a school setting	51108
and at least one other location outside of the school which allows	51109
for information available at one site to be accessed at the other	51110
through the use of such educational applications as one-way or	51111
two-way transmission of data, voice, and video, singularly or in	51112
appropriate combinations.	51113

Sec. 3318.011. For purposes of providing assistance under	51114
sections 3318.01 to 3318.20 of the Revised Code, the department of	51115
education shall annually do all of the following:	51116

(A) Calculate the adjusted valuation per pupil of each city,	51117
local, and exempted village school district according to the	51118
following formula:	51119

The district's valuation per pupil -	51120

[$30,000 X (1 - the district's income factor)].	51121

For purposes of this calculation:

51122

(1) Except for a district with an open enrollment net gain	51123
that is ten per cent or more of its formula ADM, "valuation per	51124
pupil" for a district means its average taxable value, divided by	51125
its formula ADM for the previous fiscal year. "Valuation per	51126
pupil," for a district with an open enrollment net gain that is	51127
ten per cent or more of its formula ADM, means its average taxable	51128
value, divided by the sum of its formula ADM for the previous	51129
fiscal year plus its open enrollment net gain for the previous	51130
fiscal year.	51131

(2) "Average taxable value" means the average of the sum of	51132
the amounts certified for a district under divisions (A)(1) and	51133
(2) of section 3317.021 of the Revised Code in the second, third,	51134
and fourth preceding fiscal years.	51135

(3) "Entitled to attend school" means entitled to attend	51136
school in a city, local, or exempted village school district under	51137
section 3313.64 or 3313.65 of the Revised Code.	51138

(4) "Formula ADM" ~~and "income factor" have~~has the same	51139
~~meanings~~meaning as in section 3317.02 of the Revised Code.	51140

(5) "Native student" has the same meaning as in section	51141
3313.98 of the Revised Code.	51142

(6) "Open enrollment net gain" for a district means (a) the	51143
number of the students entitled to attend school in another	51144
district but who are enrolled in the schools of the district under	51145
its open enrollment policy minus (b) the number of the district's	51146
native students who are enrolled in the schools of another	51147
district under the other district's open enrollment policy, both	51148
numbers as certified to the department under section 3313.981 of	51149
the Revised Code. If the difference is a negative number, the	51150
district's "open enrollment net gain" is zero.	51151

(7) "Open enrollment policy" means an interdistrict open	51152
enrollment policy adopted under section 3313.98 of the Revised	51153
Code.	51154

(8) "District median income" means the median Ohio adjusted	51155
gross income certified for a school district. On or before the	51156
first day of July of each year, the tax commissioner shall certify	51157
to the department of education and the office of budget and	51158
management for each city, exempted village, and local school	51159
district the median Ohio adjusted gross income of the residents of	51160
the school district determined on the basis of tax returns filed	51161
for the second preceding tax year by the residents of the	51162
district.	51163

(9) "Statewide median income" means the median district	51164
median income of all city, exempted village, and local school	51165
districts in the state.	51166

(10) "Income factor" for a city, exempted village, or local	51167
school district means the quotient obtained by dividing that	51168
district's median income by the statewide median income.	51169

(B) Calculate for each district the three-year average of the	51170
adjusted valuations per pupil calculated for the district for the	51171
current and two preceding fiscal years;	51172

(C) Rank all such districts in order of adjusted valuation	51173
per pupil from the district with the lowest three-year average	51174
adjusted valuation per pupil to the district with the highest	51175
three-year average adjusted valuation per pupil;	51176

(D) Divide such ranking into percentiles with the first	51177
percentile containing the one per cent of school districts having	51178
the lowest three-year average adjusted valuations per pupil and	51179
the one-hundredth percentile containing the one per cent of school	51180
districts having the highest three-year average adjusted	51181
valuations per pupil;	51182

(E) Determine the school districts that have three-year	51183
average adjusted valuations per pupil that are greater than the	51184
median three-year average adjusted valuation per pupil for all	51185
school districts in the state;	51186

(F) On or before the first day of September, certify the	51187
information described in divisions (A) to (E) of this section to	51188
the Ohio school facilities commission.	51189

Sec. 3318.031. (A) The Ohio school facilities commission	51190
shall consider student and staff safety and health when reviewing	51191
design plans for classroom facility construction projects proposed	51192
under this chapter. After consulting with appropriate education,	51193
health, and law enforcement personnel, the commission may require	51194
as a condition of project approval under either section 3318.03 or	51195
division (B)(1) of section 3318.41 of the Revised Code such	51196
changes in the design plans as the commission believes will	51197
advance or improve student and staff safety and health in the	51198
proposed classroom facility.	51199

To carry out its duties under this division, the commission	51200
shall review and, if necessary, amend any construction and design	51201
standards used in its project approval process, including	51202
standards for location and number of exits, standards for lead	51203
safety in classroom facilities constructed before 1978 in which	51204
services are provided to children under six years of age, and	51205
location of restrooms, with a focus on advancing student and staff	51206
safety and health.	51207

(B) When reviewing design standards for classroom facility	51208
construction projects proposed under this chapter, the commission	51209
shall also consider the extent to which the design standards	51210
support the following:	51211

(1) ~~Support and facilitation of smaller classes and the trend~~	51212
~~toward smaller schools~~Trends in educational delivery methods,	51213
including digital access and blended learning;	51214

(2) Provision of sufficient space for training new teachers	51215
and promotion of collaboration among teaching candidates,	51216
experienced teachers, and teacher educators;	51217

(3) Provision of adequate space for teacher planning and	51218
collaboration;	51219

(4) Provision of adequate space for parent involvement	51220
activities;	51221

(5) Provision of sufficient space for innovative partnerships	51222
between schools and health and social service agencies.	51223

Sec. 3318.08. Except in the case of a joint vocational	51224
school district that receives assistance under sections 3318.40 to	51225
3318.45 of the Revised Code, if the requisite favorable vote on	51226
the election is obtained, or if the school district board has	51227
resolved to apply the proceeds of a property tax levy or the	51228
proceeds of an income tax, or a combination of proceeds from such	51229
taxes, as authorized in section 3318.052 of the Revised Code, the	51230
Ohio school facilities commission, upon certification to it of	51231
either the results of the election or the resolution under section	51232
3318.052 of the Revised Code, shall enter into a written agreement	51233
with the school district board for the construction and sale of	51234
the project. In the case of a joint vocational school district	51235
that receives assistance under sections 3318.40 to 3318.45 of the	51236
Revised Code, if the school district board of education and the	51237
school district electors have satisfied the conditions prescribed	51238
in division (D)(1) of section 3318.41 of the Revised Code, the	51239
commission shall enter into an agreement with the school district	51240
board for the construction and sale of the project. In either	51241
case, the agreement shall include, but need not be limited to, the	51242
following provisions:	51243

(A) The sale and issuance of bonds or notes in anticipation	51244
thereof, as soon as practicable after the execution of the	51245
agreement, in an amount equal to the school district's portion of	51246
the basic project cost, including any securities authorized under	51247
division (J) of section 133.06 of the Revised Code and dedicated	51248
by the school district board to payment of the district's portion	51249
of the basic project cost of the project; provided, that if at	51250
that time the county treasurer of each county in which the school	51251
district is located has not commenced the collection of taxes on	51252
the general duplicate of real and public utility property for the	51253
year in which the controlling board approved the project, the	51254
school district board shall authorize the issuance of a first	51255
installment of bond anticipation notes in an amount specified by	51256
the agreement, which amount shall not exceed an amount necessary	51257
to raise the net bonded indebtedness of the school district as of	51258
the date of the controlling board's approval to within five	51259
thousand dollars of the required level of indebtedness for the	51260
preceding year. In the event that a first installment of bond	51261
anticipation notes is issued, the school district board shall, as	51262
soon as practicable after the county treasurer of each county in	51263
which the school district is located has commenced the collection	51264
of taxes on the general duplicate of real and public utility	51265
property for the year in which the controlling board approved the	51266
project, authorize the issuance of a second and final installment	51267
of bond anticipation notes or a first and final issue of bonds.	51268

The combined value of the first and second installment of	51269
bond anticipation notes or the value of the first and final issue	51270
of bonds shall be equal to the school district's portion of the	51271
basic project cost. The proceeds of any such bonds shall be used	51272
first to retire any bond anticipation notes. Otherwise, the	51273
proceeds of such bonds and of any bond anticipation notes, except	51274
the premium and accrued interest thereon, shall be deposited in	51275
the school district's project construction fund. In determining	51276
the amount of net bonded indebtedness for the purpose of fixing	51277
the amount of an issue of either bonds or bond anticipation notes,	51278
gross indebtedness shall be reduced by moneys in the bond	51279
retirement fund only to the extent of the moneys therein on the	51280
first day of the year preceding the year in which the controlling	51281
board approved the project. Should there be a decrease in the tax	51282
valuation of the school district so that the amount of	51283
indebtedness that can be incurred on the tax duplicates for the	51284
year in which the controlling board approved the project is less	51285
than the amount of the first installment of bond anticipation	51286
notes, there shall be paid from the school district's project	51287
construction fund to the school district's bond retirement fund to	51288
be applied against such notes an amount sufficient to cause the	51289
net bonded indebtedness of the school district, as of the first	51290
day of the year following the year in which the controlling board	51291
approved the project, to be within five thousand dollars of the	51292
required level of indebtedness for the year in which the	51293
controlling board approved the project. The maximum amount of	51294
indebtedness to be incurred by any school district board as its	51295
share of the cost of the project is either an amount that will	51296
cause its net bonded indebtedness, as of the first day of the year	51297
following the year in which the controlling board approved the	51298
project, to be within five thousand dollars of the required level	51299
of indebtedness, or an amount equal to the required percentage of	51300
the basic project costs, whichever is greater. All bonds and bond	51301
anticipation notes shall be issued in accordance with Chapter 133.	51302
of the Revised Code, and notes may be renewed as provided in	51303
section 133.22 of the Revised Code.	51304

(B) The transfer of such funds of the school district board	51305
available for the project, together with the proceeds of the sale	51306
of the bonds or notes, except premium, accrued interest, and	51307
interest included in the amount of the issue, to the school	51308
district's project construction fund;	51309

(C) For all school districts except joint vocational school	51310
districts that receive assistance under sections 3318.40 to	51311
3318.45 of the Revised Code, the following provisions as	51312
applicable:	51313

(1) If section 3318.052 of the Revised Code applies, the	51314
earmarking of the proceeds of a tax levied under section 5705.21	51315
of the Revised Code for general permanent improvements or under	51316
section 5705.218 of the Revised Code for the purpose of permanent	51317
improvements, or the proceeds of a school district income tax	51318
levied under Chapter 5748. of the Revised Code, or the proceeds	51319
from a combination of those two taxes, in an amount to pay all or	51320
part of the service charges on bonds issued to pay the school	51321
district portion of the project and an amount equivalent to all or	51322
part of the tax required under division (B) of section 3318.05 of	51323
the Revised Code;	51324

(2) If section 3318.052 of the Revised Code does not apply,	51325
one of the following:	51326

(a) The levy of the tax authorized at the election for the	51327
payment of maintenance costs, as specified in division (B) of	51328
section 3318.05 of the Revised Code;	51329

(b) If the school district electors have approved a	51330
continuing tax for general permanent improvements under section	51331
5705.21 of the Revised Code and that tax can be used for	51332
maintenance, the earmarking of an amount of the proceeds from such	51333
tax for maintenance of classroom facilities as specified in	51334
division (B) of section 3318.05 of the Revised Code;	51335

(c) If, in lieu of the tax otherwise required under division	51336
(B) of section 3318.05 of the Revised Code, the commission has	51337
approved the transfer of money to the maintenance fund in	51338
accordance with section 3318.051 of the Revised Code, a	51339
requirement that the district board comply with the provisions of	51340
that section. The district board may rescind the provision	51341
prescribed under division (C)(2)(c) of this section only so long	51342
as the electors of the district have approved, in accordance with	51343
section 3318.063 of the Revised Code, the levy of a tax for the	51344
maintenance of the classroom facilities acquired under the	51345
district's project and that levy continues to be collected as	51346
approved by the electors.	51347

(D) For joint vocational school districts that receive	51348
assistance under sections 3318.40 to 3318.45 of the Revised Code,	51349
provision for deposit of school district moneys dedicated to	51350
maintenance of the classroom facilities acquired under those	51351
sections as prescribed in section 3318.43 of the Revised Code;	51352

(E) Dedication of any local donated contribution as provided	51353
for under section 3318.084 of the Revised Code, including a	51354
schedule for depositing such moneys applied as an offset of the	51355
district's obligation to levy the tax described in division (B) of	51356
section 3318.05 of the Revised Code as required under division	51357
(D)(2) of section 3318.084 of the Revised Code;	51358

(F) Ownership of or interest in the project during the period	51359
of construction, which shall be divided between the commission and	51360
the school district board in proportion to their respective	51361
contributions to the school district's project construction fund;	51362

(G) Maintenance of the state's interest in the project until	51363
any obligations issued for the project under section 3318.26 of	51364
the Revised Code are no longer outstanding;	51365

(H) The insurance of the project by the school district from	51366
the time there is an insurable interest therein and so long as the	51367
state retains any ownership or interest in the project pursuant to	51368
division (F) of this section, in such amounts and against such	51369
risks as the commission shall require; provided, that the cost of	51370
any required insurance until the project is completed shall be a	51371
part of the basic project cost;	51372

(I) The certification by the director of budget and	51373
management that funds are available and have been set aside to	51374
meet the state's share of the basic project cost as approved by	51375
the controlling board pursuant to either section 3318.04 or	51376
division (B)(1) of section 3318.41 of the Revised Code;	51377

(J) Authorization of the school district board to advertise	51378
for and receive construction bids for the project, for and on	51379
behalf of the commission, and to award contracts in the name of	51380
the state subject to approval by the commission;	51381

(K) Provisions for the disbursement of moneys from the school	51382
district's project account upon issuance by the commission or the	51383
commission's designated representative of vouchers for work done	51384
to be certified to the commission by the treasurer of the school	51385
district board;	51386

(L) Disposal of any balance left in the school district's	51387
project construction fund upon completion of the project;	51388

(M) Limitations upon use of the project or any part of it so	51389
long as any obligations issued to finance the project under	51390
section 3318.26 of the Revised Code are outstanding;	51391

(N) Provision for vesting the state's interest in the project	51392
to the school district board when the obligations issued to	51393
finance the project under section 3318.26 of the Revised Code are	51394
outstanding;	51395

(O) Provision for deposit of an executed copy of the	51396
agreement in the office of the commission;	51397

(P) Provision for termination of the contract and release of	51398
the funds encumbered at the time of the conditional approval, if	51399
the proceeds of the sale of the bonds of the school district board	51400
are not paid into the school district's project construction fund	51401
and if bids for the construction of the project have not been	51402
taken within such period after the execution of the agreement as	51403
may be fixed by the commission;	51404

(Q) Provision for the school district to maintain the project	51405
in accordance with a plan approved by the commission;	51406

(R) Provision that all state funds reserved and encumbered to	51407
pay the state share of the cost of the project and the funds	51408
provided by the school district to pay for its share of the	51409
project cost, including the respective shares of the cost of a	51410
segment if the project is divided into segments, be spent on the	51411
construction and acquisition of the project or segment	51412
simultaneously in proportion to the state's and the school	51413
district's respective shares of that basic project cost as	51414
determined under section 3318.032 of the Revised Code or, if the	51415
district is a joint vocational school district, under section	51416
3318.42 of the Revised Code. However, if the school district	51417
certifies to the commission that expenditure by the school	51418
district is necessary to maintain the federal tax status or	51419
tax-exempt status of notes or bonds issued by the school district	51420
to pay for its share of the project cost or to comply with	51421
applicable temporary investment periods or spending exceptions to	51422
rebate as provided for under federal law in regard to those notes	51423
or bonds, the school district may commit to spend, or spend, a	51424
greater portion of the funds it provides during any specific	51425
period than would otherwise be required under this division.	51426

(S) A provision stipulating that the commission may prohibit	51427
the district from proceeding with any project if the commission	51428
determines that the site is not suitable for construction	51429
purposes. The commission may perform soil tests in its	51430
determination of whether a site is appropriate for construction	51431
purposes.	51432

(T) A provision stipulating that, unless otherwise authorized	51433
by the commission, any contingency reserve portion of the	51434
construction budget prescribed by the commission shall be used	51435
only to pay costs resulting from unforeseen job conditions, to	51436
comply with rulings regarding building and other codes, to pay	51437
costs related to design clarifications or corrections to contract	51438
documents, and to pay the costs of settlements or judgments	51439
related to the project as provided under section 3318.086 of the	51440
Revised Code;	51441

(U) ~~Provision~~A provision stipulating that for continued	51442
release of project funds the school district board shall comply	51443
with ~~section~~sections 3313.41 and 3313.411 of the Revised Code	51444
throughout the project and shall notify the department of	51445
education and the Ohio community school association when the board	51446
plans to dispose of facilities by sale under that section;	51447

(V) ~~Provision~~A provision stipulating that the commission	51448
shall not approve a contract for demolition of a facility until	51449
the school district board has complied with ~~section~~sections	51450
3313.41 and 3313.411 of the Revised Code relative to that	51451
facility, unless demolition of that facility is to clear a site	51452
for construction of a replacement facility included in the	51453
district's project;	51454

(W) A requirement for the school district to adhere to a	51455
facilities maintenance plan approved by the commission.	51456

Sec. 3318.31. (A) The Ohio school facilities commission may	51457
perform any act and ensure the performance of any function	51458
necessary or appropriate to carry out the purposes of, and	51459
exercise the powers granted under, Chapter 3318. of the Revised	51460
Code, including any of the following:	51461

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	51462
the Revised Code, rules for the administration of programs	51463
authorized under Chapter 3318. of the Revised Code.	51464

(2) Contract with, retain the services of, or designate, and	51465
fix the compensation of, such agents, accountants, consultants,	51466
advisers, and other independent contractors as may be necessary or	51467
desirable to carry out the programs authorized under Chapter 3318.	51468
of the Revised Code, or authorize the executive director to	51469
perform such powers and duties.	51470

(3) Receive and accept any gifts, grants, donations, and	51471
pledges, and receipts therefrom, to be used for the programs	51472
authorized under Chapter 3318. of the Revised Code.	51473

(4) Make and enter into all contracts, commitments, and	51474
agreements, and execute all instruments, necessary or incidental	51475
to the performance of its duties and the execution of its rights	51476
and powers under Chapter 3318. of the Revised Code, or authorize	51477
the executive director or the Ohio facilities construction	51478
commission to perform such powers and duties.	51479

(5) Request the Ohio facilities construction commission to	51480
debar a contractor as provided in section 153.02 of the Revised	51481
Code.	51482

(B) The ~~Ohio school facilities commission shall appoint and~~	51483
~~fix the compensation of an~~ executive director ~~who~~of the Ohio	51484
facilities construction commission, as appointed under division	51485
(B) of section 123.21 of the Revised Code, shall also serve ~~at the~~	51486
~~pleasure of~~as the executive director for the Ohio school	51487
facilities commission. The executive director shall exercise all	51488
powers that the Ohio school facilities commission possesses,	51489
supervise the operations of the Ohio school facilities commission	51490
and perform such other duties as delegated by the Ohio school	51491
facilities commission. The executive director also shall employ	51492
and fix the compensation of such employees as will facilitate the	51493
activities and purposes of the Ohio school facilities commission,	51494
who shall serve at the pleasure of the executive director. The	51495
employees of the Ohio school facilities commission shall be exempt	51496
from Chapter 4117. of the Revised Code and shall not be public	51497
employees as defined in section 4117.01 of the Revised Code. Any	51498
agreement entered into prior to July 1, 2012, between the office	51499
of collective bargaining and the exclusive representative for	51500
employees of the commission is binding and shall continue to have	51501
effect.	51502

(C) The attorney general shall serve as the legal	51503
representative for the Ohio school facilities commission and may	51504
appoint other counsel as necessary for that purpose in accordance	51505
with section 109.07 of the Revised Code.	51506

Sec. 3318.36. (A)(1) As used in this section:

51507

(a) "Ohio school facilities commission," "classroom	51508
facilities," "school district," "school district board," "net	51509
bonded indebtedness," "required percentage of the basic project	51510
costs," "basic project cost," "valuation," and "percentile" have	51511
the same meanings as in section 3318.01 of the Revised Code.	51512

(b) "Required level of indebtedness" means five per cent of	51513
the school district's valuation for the year preceding the year in	51514
which the commission and school district enter into an agreement	51515
under division (B) of this section, plus [two one-hundredths of	51516
one per cent multiplied by (the percentile in which the district	51517
ranks minus one)].	51518

(c) "Local resources" means any moneys generated in any	51519
manner permitted for a school district board to raise the school	51520
district portion of a project undertaken with assistance under	51521
sections 3318.01 to 3318.20 of the Revised Code.	51522

(d) "Tangible personal property phase-out impacted district"	51523
means a school district for which the taxable value of its	51524
tangible personal property certified under division (A)(2) of	51525
section 3317.021 of the Revised Code for tax year 2005, excluding	51526
the taxable value of public utility personal property, made up	51527
eighteen per cent or more of its total taxable value for tax year	51528
2005 as certified under that section.	51529

(2) For purposes of determining the required level of	51530
indebtedness, the required percentage of the basic project costs	51531
under division (C)(1) of this section, and priority for assistance	51532
under sections 3318.01 to 3318.20 of the Revised Code, the	51533
percentile ranking of a school district with which the commission	51534
has entered into an agreement under this section between the first	51535
day of July and the thirty-first day of August in each fiscal year	51536
is the percentile ranking calculated for that district for the	51537
immediately preceding fiscal year, and the percentile ranking of a	51538
school district with which the commission has entered into such	51539
agreement between the first day of September and the thirtieth day	51540
of June in each fiscal year is the percentile ranking calculated	51541
for that district for the current fiscal year. However, in the	51542
case of a tangible personal property phase-out impacted district,	51543
the district's priority for assistance under sections 3318.01 to	51544
3318.20 of the Revised Code and its portion of the basic project	51545
cost under those sections shall be determined in the manner	51546
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	51547
this section.	51548

(B)(1) There is hereby established the school building	51549
assistance expedited local partnership program. Under the program,	51550
the Ohio school facilities commission may enter into an agreement	51551
with the board of any school district under which the board may	51552
proceed with the new construction or major repairs of a part of	51553
the district's classroom facilities needs, as determined under	51554
sections 3318.01 to 3318.20 of the Revised Code, through the	51555
expenditure of local resources prior to the school district's	51556
eligibility for state assistance under those sections, and may	51557
apply that expenditure toward meeting the school district's	51558
portion of the basic project cost of the total of the district's	51559
classroom facilities needs, as recalculated under division (E) of	51560
this section, when the district becomes eligible for state	51561
assistance under sections 3318.01 to 3318.20 or section 3318.364	51562
of the Revised Code. Any school district that is reasonably	51563
expected to receive assistance under sections 3318.01 to 3318.20	51564
of the Revised Code within two fiscal years from the date the	51565
school district adopts its resolution under division (B) of this	51566
section shall not be eligible to participate in the program	51567
established under this section.	51568

(2) To participate in the program, a school district board	51569
shall first adopt a resolution certifying to the commission the	51570
board's intent to participate in the program.	51571

The resolution shall specify the approximate date that the	51572
board intends to seek elector approval of any bond or tax measures	51573
or to apply other local resources to use to pay the cost of	51574
classroom facilities to be constructed under this section. The	51575
resolution may specify the application of local resources or	51576
elector-approved bond or tax measures after the resolution is	51577
adopted by the board, and in such case the board may proceed with	51578
a discrete portion of its project under this section as soon as	51579
the commission and the controlling board have approved the basic	51580
project cost of the district's classroom facilities needs as	51581
specified in division (D) of this section. The board shall submit	51582
its resolution to the commission not later than ten days after the	51583
date the resolution is adopted by the board.	51584

The commission shall not consider any resolution that is	51585
submitted pursuant to division (B)(2) of this section, as amended	51586
by this amendment, sooner than September 14, 2000.	51587

(3) For purposes of determining when a district that enters	51588
into an agreement under this section becomes eligible for	51589
assistance under sections 3318.01 to 3318.20 of the Revised Code	51590
or priority for assistance under section 3318.364 of the Revised	51591
Code, the commission shall use one of the following as applicable:	51592

(a) Except for a tangible personal property phase-out	51593
impacted district, the district's percentile ranking determined at	51594
the time the district entered into the agreement under this	51595
section, as prescribed by division (A)(2) of this section;	51596

(b) For a tangible personal property phase-out impacted	51597
district, the lesser of (i) the district's percentile ranking	51598
determined at the time the district entered into the agreement	51599
under this section, as prescribed by division (A)(2) of this	51600
section, or (ii) the district's current percentile ranking under	51601
section 3318.011 of the Revised Code.	51602

(4) Any project under this section shall comply with section	51603
3318.03 of the Revised Code and with any specifications for plans	51604
and materials for classroom facilities adopted by the commission	51605
under section 3318.04 of the Revised Code.	51606

(5) If a school district that enters into an agreement under	51607
this section has not begun a project applying local resources as	51608
provided for under that agreement at the time the district is	51609
notified by the commission that it is eligible to receive state	51610
assistance under sections 3318.01 to 3318.20 of the Revised Code,	51611
all assessment and agreement documents entered into under this	51612
section are void.	51613

(6) Only construction of or repairs to classroom facilities	51614
that have been approved by the commission and have been therefore	51615
included as part of a district's basic project cost qualify for	51616
application of local resources under this section.	51617

(C) Based on the results of on-site visits and assessment,	51618
the commission shall determine the basic project cost of the	51619
school district's classroom facilities needs. The commission shall	51620
determine the school district's portion of such basic project	51621
cost, which shall be the greater of:	51622

(1) The required percentage of the basic project costs,	51623
determined based on the school district's percentile ranking;	51624

(2) An amount necessary to raise the school district's net	51625
bonded indebtedness, as of the fiscal year the commission and the	51626
school district enter into the agreement under division (B) of	51627
this section, to within five thousand dollars of the required	51628
level of indebtedness.	51629

(D)(1) When the commission determines the basic project cost	51630
of the classroom facilities needs of a school district and the	51631
school district's portion of that basic project cost under	51632
division (C) of this section, the project shall be conditionally	51633
approved. Such conditional approval shall be submitted to the	51634
controlling board for approval thereof. The controlling board	51635
shall forthwith approve or reject the commission's determination,	51636
conditional approval, and the amount of the state's portion of the	51637
basic project cost; however, no state funds shall be encumbered	51638
under this section. Upon approval by the controlling board, the	51639
school district board may identify a discrete part of its	51640
classroom facilities needs, which shall include only new	51641
construction of or additions or major repairs to a particular	51642
building, to address with local resources. Upon identifying a part	51643
of the school district's basic project cost to address with local	51644
resources, the school district board may allocate any available	51645
school district moneys to pay the cost of that identified part,	51646
including the proceeds of an issuance of bonds if approved by the	51647
electors of the school district.	51648

All local resources utilized under this division shall first	51649
be deposited in the project construction account required under	51650
section 3318.08 of the Revised Code.	51651

(2) Unless the school district board exercises its option	51652
under division (D)(3) of this section, for a school district to	51653
qualify for participation in the program authorized under this	51654
section, one of the following conditions shall be satisfied:	51655

(a) The electors of the school district by a majority vote	51656
shall approve the levy of taxes outside the ten-mill limitation	51657
for a period of twenty-three years at the rate of not less than	51658
one-half mill for each dollar of valuation to be used to pay the	51659
cost of maintaining the classroom facilities included in the basic	51660
project cost as determined by the commission. The form of the	51661
ballot to be used to submit the question whether to approve the	51662
tax required under this division to the electors of the school	51663
district shall be the form for an additional levy of taxes	51664
prescribed in section 3318.361 of the Revised Code, which may be	51665
combined in a single ballot question with the questions prescribed	51666
under section 5705.218 of the Revised Code.	51667

(b) As authorized under division (C) of section 3318.05 of	51668
the Revised Code, the school district board shall earmark from the	51669
proceeds of a permanent improvement tax levied under section	51670
5705.21 of the Revised Code, an amount equivalent to the	51671
additional tax otherwise required under division (D)(2)(a) of this	51672
section for the maintenance of the classroom facilities included	51673
in the basic project cost as determined by the commission.	51674

(c) As authorized under section 3318.051 of the Revised Code,	51675
the school district board shall, if approved by the commission,	51676
annually transfer into the maintenance fund required under section	51677
3318.05 of the Revised Code the amount prescribed in section	51678
3318.051 of the Revised Code in lieu of the tax otherwise required	51679
under division (D)(2)(a) of this section for the maintenance of	51680
the classroom facilities included in the basic project cost as	51681
determined by the commission.	51682

(d) If the school district board has rescinded the agreement	51683
to make transfers under section 3318.051 of the Revised Code, as	51684
provided under division (F) of that section, the electors of the	51685
school district, in accordance with section 3318.063 of the	51686
Revised Code, first shall approve the levy of taxes outside the	51687
ten-mill limitation for the period specified in that section at a	51688
rate of not less than one-half mill for each dollar of valuation.	51689

(e) The school district board shall apply the proceeds of a	51690
tax to leverage bonds as authorized under section 3318.052 of the	51691
Revised Code or dedicate a local donated contribution in the	51692
manner described in division (B) of section 3318.084 of the	51693
Revised Code in an amount equivalent to the additional tax	51694
otherwise required under division (D)(2)(a) of this section for	51695
the maintenance of the classroom facilities included in the basic	51696
project cost as determined by the commission.	51697

(3) A school district board may opt to delay taking any of	51698
the actions described in division (D)(2) of this section until the	51699
school district becomes eligible for state assistance under	51700
sections 3318.01 to 3318.20 of the Revised Code. In order to	51701
exercise this option, the board shall certify to the commission a	51702
resolution indicating the board's intent to do so prior to	51703
entering into an agreement under division (B) of this section.	51704

(4) If pursuant to division (D)(3) of this section a district	51705
board opts to delay levying an additional tax until the district	51706
becomes eligible for state assistance, it shall submit the	51707
question of levying that tax to the district electors as follows:	51708

(a) In accordance with section 3318.06 of the Revised Code if	51709
it will also be necessary pursuant to division (E) of this section	51710
to submit a proposal for approval of a bond issue;	51711

(b) In accordance with section 3318.361 of the Revised Code	51712
if it is not necessary to also submit a proposal for approval of a	51713
bond issue pursuant to division (E) of this section.	51714

(5) No state assistance under sections 3318.01 to 3318.20 of	51715
the Revised Code shall be released until a school district board	51716
that adopts and certifies a resolution under division (D) of this	51717
section also demonstrates to the satisfaction of the commission	51718
compliance with the provisions of division (D)(2) of this section.	51719

Any amount required for maintenance under division (D)(2) of	51720
this section shall be deposited into a separate fund as specified	51721
in division (B) of section 3318.05 of the Revised Code.	51722

(E)(1) If the school district becomes eligible for state	51723
assistance under sections 3318.01 to 3318.20 of the Revised Code	51724
based on its percentile ranking under division (B)(3) of this	51725
section or is offered assistance under section 3318.364 of the	51726
Revised Code, the commission shall conduct a new assessment of the	51727
school district's classroom facilities needs and shall recalculate	51728
the basic project cost based on this new assessment. The basic	51729
project cost recalculated under this division shall include the	51730
amount of expenditures made by the school district board under	51731
division (D)(1) of this section. The commission shall then	51732
recalculate the school district's portion of the new basic project	51733
cost, which shall be one of the following as applicable:	51734

(a) Except for a tangible personal property phase-out	51735
impacted district, the percentage of the original basic project	51736
cost assigned to the school district as its portion under division	51737
(C) of this section;	51738

(b) For a tangible personal property phase-out impacted	51739
district, the lesser of (i) the percentage of the original basic	51740
project cost assigned to the school district as its portion under	51741
division (C) of this section, or (ii) the percentage of the new	51742
basic project cost determined under section 3318.032 of the	51743
Revised Code using the district's current percentile ranking under	51744
section 3318.011 of the Revised Code. ~~The~~	51745

The commission shall deduct the expenditure of school	51746
district moneys made under division (D)(1) of this section from	51747
the school district's portion of the basic project cost as	51748
recalculated under this division. If the amount of school district	51749
resources applied by the school district board to the school	51750
district's portion of the basic project cost under this section is	51751
less than the total amount of such portion as recalculated under	51752
this division, the school district board by a majority vote of all	51753
of its members shall, if it desires to seek state assistance under	51754
sections 3318.01 to 3318.20 of the Revised Code, adopt a	51755
resolution as specified in section 3318.06 of the Revised Code to	51756
submit to the electors of the school district the question of	51757
approval of a bond issue in order to pay any additional amount of	51758
school district portion required for state assistance. Any tax	51759
levy approved under division (D) of this section satisfies the	51760
requirements to levy the additional tax under section 3318.06 of	51761
the Revised Code.	51762

(2) If the amount of school district resources applied by the	51763
school district board to the school district's portion of the	51764
basic project cost under this section is more than the total	51765
amount of such portion as recalculated under ~~this~~ division (E)(1)	51766
of this section, within one year after the school district's	51767
portion is so recalculated ~~under division (E)(1) of this section~~	51768
the commission may grant to the school district the difference	51769
between the two calculated portions, but at no time shall the	51770
commission expend any state funds on a project in an amount	51771
greater than the state's portion of the basic project cost as	51772
recalculated under ~~this~~ division (E)(1) of this section.	51773

Any reimbursement under this division shall be only for local	51774
resources the school district has applied toward construction cost	51775
expenditures for the classroom facilities approved by the	51776
commission, which shall not include any financing costs associated	51777
with that construction.	51778

The school district board shall use any moneys reimbursed to	51779
the district under this division to pay off any debt service the	51780
district owes for classroom facilities constructed under its	51781
project under this section before such moneys are applied to any	51782
other purpose. However, the district board first may deposit	51783
moneys reimbursed under this division into the district's general	51784
fund or a permanent improvement fund to replace local resources	51785
the district withdrew from those funds, as long as, and to the	51786
extent that, those local resources were used by the district for	51787
constructing classroom facilities included in the district's basic	51788
project cost.	51789

(3) A tangible personal property phase-out impacted district	51790
shall receive credit under division (E) of this section for the	51791
expenditure of local resources pursuant to any prior agreement	51792
authorized by this section, notwithstanding any recalculation of	51793
its average taxable value.	51794

Sec. 3318.363. (A) This section applies beginning in fiscal	51795
year 2003 and only to a school district participating in the	51796
school building assistance expedited local partnership program	51797
under section 3318.36 of the Revised Code.	51798

(B) If there is a decrease in the tax valuation of a school	51799
district to which this section applies by ten per cent or greater	51800
from one tax year to the next due to a decrease in the assessment	51801
rate of the taxable property of an electric company that owns	51802
property in the district, as provided for in section 5727.111 of	51803
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	51804
General Assembly, the Ohio school facilities commission shall	51805
calculate or recalculate the state and school district portions of	51806
the basic project cost of the school district's project by	51807
determining the percentile rank in which the district would be	51808
located if such ranking were made using the adjusted valuation per	51809
pupil calculated under division (C) of this section rather than	51810
the three-year average adjusted valuation per pupil, calculated	51811
under division (B) of section 3318.011 of the Revised Code. For	51812
such district, the required percentage of the basic project cost	51813
used to determine the state and school district shares of that	51814
cost under division (C) of section 3318.36 of the Revised Code	51815
shall be based on the percentile rank as calculated under this	51816
section rather than as otherwise provided in division (C)(1) of	51817
section 3318.36 of the Revised Code. If the commission has	51818
determined the state and school district portion of the basic	51819
project cost of such a district's project under section 3318.36 of	51820
the Revised Code prior to that decrease in tax valuation, the	51821
commission shall adjust the state and school district shares of	51822
the basic project cost of such project in accordance with this	51823
section.	51824

(C)(1) As used in divisions (C) and (D) of this section,	51825
"total taxable value," and "formula ADM," ~~and "income factor"~~ have	51826
the same meanings as in section 3317.02 of the Revised Code, and	51827
"income factor" has the same meaning as in section 3318.011 of the	51828
Revised Code.	51829

(2) The adjusted valuation per pupil for a school district to	51830
which this section applies shall be calculated using the following	51831
formula:	51832

(The district's total taxable value for the tax year	51833
preceding the calendar year in which the current fiscal year	51834
begins / the district's formula ADM for the previous fiscal year)	51835
- [$30,000 x (1 - the district's income factor)].	51836

(D) At the request of the Ohio school facilities commission,	51837
the department of education shall report a district's total	51838
taxable value for the tax year preceding the calendar year in	51839
which the current fiscal year begins for any district to which	51840
this section applies as that information has been certified to the	51841
department by the tax commissioner pursuant to section 3317.021 of	51842
the Revised Code.	51843

Sec. 3319.031. Notwithstanding any provision of the Revised	51844
Code to the contrary, if the board of education of a city, local,	51845
or exempted village school district does not appoint a business	51846
manager under section 3319.03 of the Revised Code, the board may	51847
assign powers and duties specified in section 3319.04 of the	51848
Revised Code to one or more employees or officers of the board,	51849
including the treasurer, and may give the employees or officers	51850
any title recognizing the assignment of the powers and duties. The	51851
prohibition, in section 3319.04 of the Revised Code, against a	51852
business manager having possession of moneys does not prevent a	51853
board from assigning powers and duties specified in that section	51854
to the treasurer and does not prevent a treasurer who is assigned	51855
those powers and duties from exercising the powers and duties of	51856
treasurer. If the board assigns the duties of a business manager	51857
under section 3319.04 of the Revised Code to the treasurer, the	51858
treasurer shall not have the authority to make recommendations to	51859
appoint or discharge noneducational employees, except as provided	51860
under section 3313.31 of the Revised Code. Instead, the district	51861
superintendent shall be responsible for making recommendations,	51862
subject to confirmation by the board, for the appointment or	51863
discharge of noneducational employees.	51864

Sec. 3319.07. (A) The board of education of each city,	51865
exempted village, local, and joint vocational school district	51866
shall employ the teachers of the public schools of their	51867
respective districts.	51868

The governing board of each educational service center may	51869
employ special instruction teachers, special education teachers,	51870
and teachers of academic courses in which there are too few	51871
students in each of the school districts entering into agreements	51872
pursuant to section 3313.843 of the Revised Code to warrant each	51873
district's employing teachers for those courses.	51874

When any board makes appointments of teachers, the teachers	51875
in the employ of the board shall be considered before new teachers	51876
are chosen in their stead. In all school districts and in service	51877
centers, no teacher shall be employed unless such person is	51878
nominated by the superintendent of such district or center, or by	51879
another individual designated by the board in the event that the	51880
superintendent's nomination would be a violation of section	51881
2921.42 of the Revised Code. Such board, by a three-fourths vote	51882
of its full membership, may re-employ any teacher whom the	51883
superintendent refuses to appoint.	51884

(B) The board of education of any school district may	51885
contract with the governing board of the educational service	51886
center from which it otherwise receives services to conduct	51887
searches and recruitment of candidates for teacher positions.	51888

Sec. 3319.073. (A) The board of education of each city and	51889
exempted village school district and the governing board of each	51890
educational service center shall adopt or adapt the curriculum	51891
developed by the department of education for, or shall develop in	51892
consultation with public or private agencies or persons involved	51893
in child abuse prevention or intervention programs, a program of	51894
in-service training in the prevention of child abuse, violence,	51895
and substance abuse and the promotion of positive youth	51896
development. Each person employed by any school district or	51897
service center to work in a school as a nurse, teacher, counselor,	51898
school psychologist, or administrator shall complete at least four	51899
hours of the in-service training within two years of commencing	51900
employment with the district or center, and every five years	51901
thereafter. A person who is employed by any school district or	51902
service center to work in an elementary school as a nurse,	51903
teacher, counselor, school psychologist, or administrator on March	51904
30, 2007, shall complete at least four hours of the in-service	51905
training not later than March 30, 2009, and every five years	51906
thereafter. A person who is employed by any school district or	51907
service center to work in a middle or high school as a nurse,	51908
teacher, counselor, school psychologist, or administrator on	51909
October 16, 2009, shall complete at least four hours of the	51910
in-service training not later than October 16, 2011, and every	51911
five years thereafter.	51912

(B) Each board shall incorporate training in school safety	51913
and violence prevention, including human trafficking content, into	51914
the in-service training required by division (A) of this section.	51915
For this purpose, the board shall adopt or adapt the curriculum	51916
developed by the department or shall develop its own curriculum in	51917
consultation with public or private agencies or persons involved	51918
in school safety and violence prevention programs.	51919

(C) Each board shall incorporate training on the board's	51920
harassment, intimidation, or bullying policy adopted under section	51921
3313.666 of the Revised Code into the in-service training required	51922
by division (A) of this section. Each board also shall incorporate	51923
training in the prevention of dating violence into the in-service	51924
training required by that division for middle and high school	51925
employees. The board shall develop its own curricula for these	51926
purposes.	51927

(D) Each board shall incorporate training in youth suicide	51928
awareness and prevention into the in-service training required by	51929
division (A) of this section for each person employed by a school	51930
district or service center to work in a school as a nurse,	51931
teacher, counselor, school psychologist, or administrator, and any	51932
other personnel that the board determines appropriate. For this	51933
purpose, the board shall adopt or adapt the curriculum developed	51934
by the department or shall develop its own curriculum in	51935
consultation with public or private agencies or persons involved	51936
in youth suicide awareness and prevention programs.	51937

The training completed under this division shall count toward	51938
the satisfaction of requirements for professional development	51939
required by the school district or service center board, and the	51940
training may be accomplished through self-review of suitable	51941
suicide prevention materials approved by the board.	51942

Sec. 3319.17. (A) As used in this section, "interdistrict	51943
contract" means any contract or agreement entered into by an	51944
educational service center governing board and another board or	51945
other public entity pursuant to section 3313.17, 3313.841,	51946
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	51947
Revised Code, including any such contract or agreement for the	51948
provision of services funded under division (E) of section	51949
3317.024 of the Revised Code ~~or provided in any unit approved~~	51950
~~under section 3317.05 of the Revised Code~~.	51951

(B) When, for any of the following reasons that apply to any	51952
city, exempted village, local, or joint vocational school district	51953
or any educational service center, the board decides that it will	51954
be necessary to reduce the number of teachers it employs, it may	51955
make a reasonable reduction:	51956

(1) In the case of any district or service center, return to	51957
duty of regular teachers after leaves of absence including	51958
suspension of schools, territorial changes affecting the district	51959
or center, or financial reasons;	51960

(2) In the case of any city, exempted village, local, or	51961
joint vocational school district, decreased enrollment of pupils	51962
in the district;	51963

(3) In the case of any governing board of a service center	51964
providing any particular service directly to pupils pursuant to	51965
one or more interdistrict contracts requiring such service,	51966
reduction in the total number of pupils the governing board is	51967
required to provide with the service under all interdistrict	51968
contracts as a result of the termination or nonrenewal of one or	51969
more of these interdistrict contracts;	51970

(4) In the case of any governing board providing any	51971
particular service that it does not provide directly to pupils	51972
pursuant to one or more interdistrict contracts requiring such	51973
service, reduction in the total level of the service the governing	51974
board is required to provide under all interdistrict contracts as	51975
a result of the termination or nonrenewal of one or more of these	51976
interdistrict contracts.	51977

(C) In making any such reduction, any city, exempted village,	51978
local, or joint vocational school board shall proceed to suspend	51979
contracts in accordance with the recommendation of the	51980
superintendent of schools who shall, within each teaching field	51981
affected, give preference to teachers on continuing contracts. The	51982
board shall not give preference to any teacher based on seniority,	51983
except when making a decision between teachers who have comparable	51984
evaluations.	51985

On a case-by-case basis, in lieu of suspending a contract in	51986
whole, a board may suspend a contract in part, so that an	51987
individual is required to work a percentage of the time the	51988
employee otherwise is required to work under the contract and	51989
receives a commensurate percentage of the full compensation the	51990
employee otherwise would receive under the contract.	51991

The teachers whose continuing contracts are suspended by any	51992
board pursuant to this section shall have the right of restoration	51993
to continuing service status by that board if and when teaching	51994
positions become vacant or are created for which any of such	51995
teachers are or become qualified. No teacher whose continuing	51996
contract has been suspended pursuant to this section shall lose	51997
that right of restoration to continuing service status by reason	51998
of having declined recall to a position that is less than	51999
full-time or, if the teacher was not employed full-time just prior	52000
to suspension of the teacher's continuing contract, to a position	52001
requiring a lesser percentage of full-time employment than the	52002
position the teacher last held while employed in the district or	52003
service center. Seniority shall not be the basis for rehiring a	52004
teacher, except when making a decision between teachers who have	52005
comparable evaluations.	52006

(D) Notwithstanding any provision to the contrary in Chapter	52007
4117. of the Revised Code:	52008

(1) The requirements of this section, as it existed prior to	52009
~~the effective date of this amendment~~September 29, 2011, prevail	52010
over any conflicting provisions of agreements between employee	52011
organizations and public employers entered into between September	52012
29, 2005, and ~~that effective date~~September 29, 2011;	52013

(2) The requirements of this section, as it exists on and	52014
after ~~the effective date of this amendment~~September 29, 2011,	52015
prevail over any conflicting provisions of agreements between	52016
employee organizations and public employers entered into on or	52017
after ~~that effective date~~September 29, 2011.	52018

Sec. 3319.22. (A)(1) The state board of education shall	52019
issue the following educator licenses:	52020

(a) A resident educator license, which shall be valid for	52021
four years, except that the state board, on a case-by-case basis,	52022
may extend the license's duration as necessary to enable the	52023
license holder to complete the Ohio teacher residency program	52024
established under section 3319.223 of the Revised Code;	52025

(b) A professional educator license, which shall be valid for	52026
five years and shall be renewable;	52027

(c) A senior professional educator license, which shall be	52028
valid for five years and shall be renewable;	52029

(d) A lead professional educator license, which shall be	52030
valid for five years and shall be renewable.	52031

(2) The state board may issue any additional educator	52032
licenses of categories, types, and levels the board elects to	52033
provide.	52034

(3) The state board shall adopt rules establishing the	52035
standards and requirements for obtaining each educator license	52036
issued under this section.	52037

(B) The rules adopted under this section shall require at	52038
least the following standards and qualifications for the educator	52039
licenses described in division (A)(1) of this section:	52040

(1) An applicant for a resident educator license shall hold	52041
at least a bachelor's degree from an accredited teacher	52042
preparation program or be a participant in the teach for America	52043
program and meet the qualifications required under section	52044
3319.227 of the Revised Code.	52045

(2) An applicant for a professional educator license shall:

52046

(a) Hold at least a bachelor's degree from an institution of	52047
higher education accredited by a regional accrediting	52048
organization;	52049

(b) Have successfully completed the Ohio teacher residency	52050
program established under section 3319.223 of the Revised Code, if	52051
the applicant's current or most recently issued license is a	52052
resident educator license issued under this section or an	52053
alternative resident educator license issued under section 3319.26	52054
of the Revised Code.	52055

(3) An applicant for a senior professional educator license	52056
shall:	52057

(a) Hold at least a master's degree from an institution of	52058
higher education accredited by a regional accrediting	52059
organization;	52060

(b) Have previously held a professional educator license	52061
issued under this section or section 3319.222 or under former	52062
section 3319.22 of the Revised Code;	52063

(c) Meet the criteria for the accomplished or distinguished	52064
level of performance, as described in the standards for teachers	52065
adopted by the state board under section 3319.61 of the Revised	52066
Code.	52067

(4) An applicant for a lead professional educator license	52068
shall:	52069

(a) Hold at least a master's degree from an institution of	52070
higher education accredited by a regional accrediting	52071
organization;	52072

(b) Have previously held a professional educator license or a	52073
senior professional educator license issued under this section or	52074
a professional educator license issued under section 3319.222 or	52075
former section 3319.22 of the Revised Code;	52076

(c) Meet the criteria for the distinguished level of	52077
performance, as described in the standards for teachers adopted by	52078
the state board under section 3319.61 of the Revised Code;	52079

(d) Either hold a valid certificate issued by the national	52080
board for professional teaching standards or meet the criteria for	52081
a master teacher or other criteria for a lead teacher adopted by	52082
the educator standards board under division (F)(4) or (5) of	52083
section 3319.61 of the Revised Code.	52084

(C) The state board shall align the standards and	52085
qualifications for obtaining a principal license with the	52086
standards for principals adopted by the state board under section	52087
3319.61 of the Revised Code.	52088

(D) If the state board requires any examinations for educator	52089
licensure, the department of education shall provide the results	52090
of such examinations received by the department to the chancellor	52091
of the Ohio board of regents, in the manner and to the extent	52092
permitted by state and federal law.	52093

(E) Any rules the state board of education adopts, amends, or	52094
rescinds for educator licenses under this section, division (D) of	52095
section 3301.07 of the Revised Code, or any other law shall be	52096
adopted, amended, or rescinded under Chapter 119. of the Revised	52097
Code except as follows:	52098

(1) Notwithstanding division (D) of section 119.03 and	52099
division (A)(1) of section 119.04 of the Revised Code, in the case	52100
of the adoption of any rule or the amendment or rescission of any	52101
rule that necessitates institutions' offering preparation programs	52102
for educators and other school personnel that are approved by the	52103
chancellor of the Ohio board of regents under section 3333.048 of	52104
the Revised Code to revise the curriculum of those programs, the	52105
effective date shall not be as prescribed in division (D) of	52106
section 119.03 and division (A)(1) of section 119.04 of the	52107
Revised Code. Instead, the effective date of such rules, or the	52108
amendment or rescission of such rules, shall be the date	52109
prescribed by section 3333.048 of the Revised Code.	52110

(2) Notwithstanding the authority to adopt, amend, or rescind	52111
emergency rules in division (F) of section 119.03 of the Revised	52112
Code, this authority shall not apply to the state board of	52113
education with regard to rules for educator licenses.	52114

(F)(1) The rules adopted under this section establishing	52115
standards requiring additional coursework for the renewal of any	52116
educator license shall require a school district and a chartered	52117
nonpublic school to establish local professional development	52118
committees. In a nonpublic school, the chief administrative	52119
officer shall establish the committees in any manner acceptable to	52120
such officer. The committees established under this division shall	52121
determine whether coursework that a district or chartered	52122
nonpublic school teacher proposes to complete meets the	52123
requirement of the rules. The department of education shall	52124
provide technical assistance and support to committees as the	52125
committees incorporate the professional development standards	52126
adopted by the state board of education pursuant to section	52127
3319.61 of the Revised Code into their review of coursework that	52128
is appropriate for license renewal. The rules shall establish a	52129
procedure by which a teacher may appeal the decision of a local	52130
professional development committee.	52131

(2) In any school district in which there is no exclusive	52132
representative established under Chapter 4117. of the Revised	52133
Code, the professional development committees shall be established	52134
as described in division (F)(2) of this section.	52135

Not later than the effective date of the rules adopted under	52136
this section, the board of education of each school district shall	52137
establish the structure for one or more local professional	52138
development committees to be operated by such school district. The	52139
committee structure so established by a district board shall	52140
remain in effect unless within thirty days prior to an anniversary	52141
of the date upon which the current committee structure was	52142
established, the board provides notice to all affected district	52143
employees that the committee structure is to be modified.	52144
Professional development committees may have a district-level or	52145
building-level scope of operations, and may be established with	52146
regard to particular grade or age levels for which an educator	52147
license is designated.	52148

Each professional development committee shall consist of at	52149
least three classroom teachers employed by the district, one	52150
principal employed by the district, and one other employee of the	52151
district appointed by the district superintendent. For committees	52152
with a building-level scope, the teacher and principal members	52153
shall be assigned to that building, and the teacher members shall	52154
be elected by majority vote of the classroom teachers assigned to	52155
that building. For committees with a district-level scope, the	52156
teacher members shall be elected by majority vote of the classroom	52157
teachers of the district, and the principal member shall be	52158
elected by a majority vote of the principals of the district,	52159
unless there are two or fewer principals employed by the district,	52160
in which case the one or two principals employed shall serve on	52161
the committee. If a committee has a particular grade or age level	52162
scope, the teacher members shall be licensed to teach such grade	52163
or age levels, and shall be elected by majority vote of the	52164
classroom teachers holding such a license and the principal shall	52165
be elected by all principals serving in buildings where any such	52166
teachers serve. The district superintendent shall appoint a	52167
replacement to fill any vacancy that occurs on a professional	52168
development committee, except in the case of vacancies among the	52169
elected classroom teacher members, which shall be filled by vote	52170
of the remaining members of the committee so selected.	52171

Terms of office on professional development committees shall	52172
be prescribed by the district board establishing the committees.	52173
The conduct of elections for members of professional development	52174
committees shall be prescribed by the district board establishing	52175
the committees. A professional development committee may include	52176
additional members, except that the majority of members on each	52177
such committee shall be classroom teachers employed by the	52178
district. Any member appointed to fill a vacancy occurring prior	52179
to the expiration date of the term for which a predecessor was	52180
appointed shall hold office as a member for the remainder of that	52181
term.	52182

The initial meeting of any professional development	52183
committee, upon election and appointment of all committee members,	52184
shall be called by a member designated by the district	52185
superintendent. At this initial meeting, the committee shall	52186
select a chairperson and such other officers the committee deems	52187
necessary, and shall adopt rules for the conduct of its meetings.	52188
Thereafter, the committee shall meet at the call of the	52189
chairperson or upon the filing of a petition with the district	52190
superintendent signed by a majority of the committee members	52191
calling for the committee to meet.	52192

(3) In the case of a school district in which an exclusive	52193
representative has been established pursuant to Chapter 4117. of	52194
the Revised Code, professional development committees shall be	52195
established in accordance with any collective bargaining agreement	52196
in effect in the district that includes provisions for such	52197
committees.	52198

If the collective bargaining agreement does not specify a	52199
different method for the selection of teacher members of the	52200
committees, the exclusive representative of the district's	52201
teachers shall select the teacher members.	52202

If the collective bargaining agreement does not specify a	52203
different structure for the committees, the board of education of	52204
the school district shall establish the structure, including the	52205
number of committees and the number of teacher and administrative	52206
members on each committee; the specific administrative members to	52207
be part of each committee; whether the scope of the committees	52208
will be district levels, building levels, or by type of grade or	52209
age levels for which educator licenses are designated; the lengths	52210
of terms for members; the manner of filling vacancies on the	52211
committees; and the frequency and time and place of meetings.	52212
However, in all cases, except as provided in division (F)(4) of	52213
this section, there shall be a majority of teacher members of any	52214
professional development committee, there shall be at least five	52215
total members of any professional development committee, and the	52216
exclusive representative shall designate replacement members in	52217
the case of vacancies among teacher members, unless the collective	52218
bargaining agreement specifies a different method of selecting	52219
such replacements.	52220

(4) Whenever an administrator's coursework plan is being	52221
discussed or voted upon, the local professional development	52222
committee shall, at the request of one of its administrative	52223
members, cause a majority of the committee to consist of	52224
administrative members by reducing the number of teacher members	52225
voting on the plan.	52226

(G)(1) The department of education, educational service	52227
centers, county boards of developmental disabilities, regional	52228
professional development centers, special education regional	52229
resource centers, college and university departments of education,	52230
head start programs, ~~the eTech Ohio commission,~~ and the Ohio	52231
education computer network may establish local professional	52232
development committees to determine whether the coursework	52233
proposed by their employees who are licensed or certificated under	52234
this section or section 3319.222 of the Revised Code, or under the	52235
former version of either section as it existed prior to October	52236
16, 2009, meet the requirements of the rules adopted under this	52237
section. They may establish local professional development	52238
committees on their own or in collaboration with a school district	52239
or other agency having authority to establish them.	52240

Local professional development committees established by	52241
county boards of developmental disabilities shall be structured in	52242
a manner comparable to the structures prescribed for school	52243
districts in divisions (F)(2) and (3) of this section, as shall	52244
the committees established by any other entity specified in	52245
division (G)(1) of this section that provides educational services	52246
by employing or contracting for services of classroom teachers	52247
licensed or certificated under this section or section 3319.222 of	52248
the Revised Code, or under the former version of either section as	52249
it existed prior to October 16, 2009. All other entities specified	52250
in division (G)(1) of this section shall structure their	52251
committees in accordance with guidelines which shall be issued by	52252
the state board.	52253

(2) Any public agency that is not specified in division	52254
(G)(1) of this section but provides educational services and	52255
employs or contracts for services of classroom teachers licensed	52256
or certificated under this section or section 3319.222 of the	52257
Revised Code, or under the former version of either section as it	52258
existed prior to October 16, 2009, may establish a local	52259
professional development committee, subject to the approval of the	52260
department of education. The committee shall be structured in	52261
accordance with guidelines issued by the state board.	52262

Sec. 3319.235. (A) The standards for the preparation of	52263
teachers adopted under section 3333.048 of the Revised Code shall	52264
require any institution that provides a course of study for the	52265
training of teachers to ensure that graduates of such course of	52266
study are skilled at integrating educational technology in the	52267
instruction of children, as evidenced by the graduate having	52268
either demonstrated proficiency in such skills in a manner	52269
prescribed by the department of education or completed a course	52270
that includes training in such skills.	52271

(B) The ~~eTech Ohio commission~~chancellor of the Ohio board of	52272
regents, in consultation with the department of education, shall	52273
establish model professional development programs to assist	52274
teachers who completed their teacher preparation prior to the	52275
effective date of division (A) of this section to become skilled	52276
at integrating educational technology in the instruction of	52277
children. The ~~commission~~chancellor shall provide technical	52278
assistance to school districts wishing to establish such programs.	52279

Sec. 3319.57. (A) A grant program is hereby established	52280
under which the department of education shall award grants to	52281
assist certain schools in a city, exempted village, local, or	52282
joint vocational school district in implementing one of the	52283
following innovations:	52284

(1) The use of instructional specialists to mentor and	52285
support classroom teachers;	52286

(2) The use of building managers to supervise the	52287
administrative functions of school operation so that a school	52288
principal can focus on supporting instruction, providing	52289
instructional leadership, and engaging teachers as part of the	52290
instructional leadership team;	52291

(3) The reconfiguration of school leadership structure in a	52292
manner that allows teachers to serve in leadership roles so that	52293
teachers may share the responsibility for making and implementing	52294
school decisions;	52295

(4) The adoption of new models for restructuring the school	52296
day or school year, such as including teacher planning and	52297
collaboration time as part of the school day;	52298

(5) The creation of smaller schools or smaller units within	52299
larger schools for the purpose of facilitating teacher	52300
collaboration to improve and advance the professional practice of	52301
teaching;	52302

(6) The implementation of "grow your own" recruitment	52303
strategies that are designed to assist individuals who show a	52304
commitment to education become licensed teachers, to assist	52305
experienced teachers obtain licensure in subject areas for which	52306
there is need, and to assist teachers in becoming principals;	52307

(7) The provision of better conditions for new teachers, such	52308
as reduced teaching load and reduced class size;	52309

(8) The provision of incentives to attract qualified	52310
mathematics, science, or special education teachers;	52311

(9) The development and implementation of a partnership with	52312
teacher preparation programs at colleges and universities to help	52313
attract teachers qualified to teach in shortage areas;	52314

(10) The implementation of a program to increase the cultural	52315
competency of both new and veteran teachers;	52316

(11) The implementation of a program to increase the subject	52317
matter competency of veteran teachers.	52318

(B) To qualify for a grant to implement one of the	52319
innovations described in division (A) of this section, a school	52320
must meet both of the following criteria:	52321

(1) Be hard to staff, as defined by the department.

52322

(2) Use existing school district funds for the implementation	52323
of the innovation in an amount equal to the grant amount	52324
multiplied by (1 - the district's state share ~~percentage~~index for	52325
the fiscal year in which the grant is awarded).	52326

For purposes of division (B)(2) of this section, "state share	52327
~~percentage~~index" has the same meaning as in section 3317.02 of	52328
the Revised Code.	52329

(C) The amount and number of grants awarded under this	52330
section shall be determined by the department based on any	52331
appropriations made by the general assembly for grants under this	52332
section.	52333

(D) The state board of education shall adopt rules for the	52334
administration of this grant program.	52335

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	52336
"guardian," or "other person having charge or care of a child"	52337
means either parent unless the parents are separated or divorced	52338
or their marriage has been dissolved or annulled, in which case	52339
"parent" means the parent who is the residential parent and legal	52340
custodian of the child. If the child is in the legal or permanent	52341
custody of a person or government agency, "parent" means that	52342
person or government agency. When a child is a resident of a home,	52343
as defined in section 3313.64 of the Revised Code, and the child's	52344
parent is not a resident of this state, "parent," "guardian," or	52345
"other person having charge or care of a child" means the head of	52346
the home.	52347

A child between six and eighteen years of age is "of	52348
compulsory school age" for the purpose of sections 3321.01 to	52349
3321.13 of the Revised Code. A child under six years of age who	52350
has been enrolled in kindergarten also shall be considered "of	52351
compulsory school age" for the purpose of sections 3321.01 to	52352
3321.13 of the Revised Code unless at any time the child's parent	52353
or guardian, at the parent's or guardian's discretion and in	52354
consultation with the child's teacher and principal, formally	52355
withdraws the child from kindergarten. The compulsory school age	52356
of a child shall not commence until the beginning of the term of	52357
such schools, or other time in the school year fixed by the rules	52358
of the board of the district in which the child resides.	52359

(2) No child shall be admitted to a kindergarten or a first	52360
grade of a public school in a district in which all children are	52361
admitted to kindergarten and the first grade in August or	52362
September unless the child is five or six years of age,	52363
respectively, by the thirtieth day of September of the year of	52364
admittance, or by the first day of a term or semester other than	52365
one beginning in August or September in school districts granting	52366
admittance at the beginning of such term or semester, unless the	52367
child has been recommended for early admittance in accordance with	52368
the district's acceleration policy adopted under section 3324.10	52369
of the Revised Code. A child who does not meet the age requirement	52370
for admittance to kindergarten or first grade shall be evaluated	52371
for early admittance upon referral by the child's parent or	52372
guardian, an educator employed by the district, a preschool	52373
educator who knows the child, or a pediatrician or psychologist	52374
who knows the child.	52375

(3) Notwithstanding division (A)(2) of this section,	52376
beginning with the school year that starts in 2001 and continuing	52377
thereafter the board of education of any district may adopt a	52378
resolution establishing the first day of August in lieu of the	52379
thirtieth day of September as the required date by which students	52380
must have attained the age specified in that division.	52381

(4) After a student has been admitted to kindergarten in a	52382
school district or chartered nonpublic school, no board of	52383
education of a school district to which the student transfers	52384
shall deny that student admission based on the student's age.	52385

(B) As used in division (C) of this section, "successfully	52386
completed kindergarten" means that the child has completed the	52387
kindergarten requirements at one of the following:	52388

(1) A public or chartered nonpublic school;

52389

(2) A kindergarten class that is both of the following:

52390

(a) Offered by a day-care provider licensed under Chapter	52391
5104. of the Revised Code;	52392

(b) If offered after July 1, 1991, is directly taught by a	52393
teacher who holds one of the following:	52394

(i) A valid educator license issued under section 3319.22 of	52395
the Revised Code;	52396

(ii) A Montessori preprimary credential or age-appropriate	52397
diploma granted by the American Montessori society or the	52398
association Montessori internationale;	52399

(iii) Certification determined under division (F) of this	52400
section to be equivalent to that described in division	52401
(B)(2)(b)(ii) of this section;	52402

(iv) Certification for teachers in nontax-supported schools	52403
pursuant to section 3301.071 of the Revised Code.	52404

(C) Except as provided in division (A)(2) of this section, no	52405
school district shall admit to the first grade any child who has	52406
not successfully completed kindergarten.	52407

(D) The scheduling of times for kindergarten classes and	52408
length of the school day for kindergarten shall be determined by	52409
the board of education of a city, exempted village, or local	52410
school district.	52411

(E) Any kindergarten class offered by a day-care provider or	52412
school described by division (B)(1) or (B)(2)(a) of this section	52413
shall be developmentally appropriate.	52414

(F) Upon written request of a day-care provider described by	52415
division (B)(2)(a) of this section, the department of education	52416
shall determine whether certification held by a teacher employed	52417
by the provider meets the requirement of division (B)(2)(b)(iii)	52418
of this section and, if so, shall furnish the provider a statement	52419
to that effect.	52420

(G) As used in this division, "all-day kindergarten" has the	52421
same meaning as in section 3321.05 of the Revised Code.	52422

(1) ~~Any~~A school district ~~that did not receive for fiscal~~	52423
~~year 2009 poverty-based assistance for all-day kindergarten under~~	52424
~~division (D) of section 3317.029 of the Revised Code~~ may charge	52425
fees or tuition for ~~students~~a student enrolled in all-day	52426
kindergarten only so long as the student is reported as less than	52427
one full-time equivalent student under division (A) of section	52428
3317.03 of the Revised Code. If a district charges fees or tuition	52429
for all-day kindergarten under this division, the district shall	52430
develop a sliding fee scale based on family incomes.	52431

(2) The department of education shall conduct an annual	52432
survey of each school district described in division (G)(1) of	52433
this section to determine the following:	52434

(a) Whether the district charges fees or tuition for students	52435
enrolled in all-day kindergarten;	52436

(b) The amount of the fees or tuition charged;

52437

(c) How many of the students for whom tuition is charged are	52438
eligible for free lunches under the "National School Lunch Act,"	52439
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	52440
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	52441
and how many of the students for whom tuition is charged are	52442
eligible for reduced price lunches under those acts;	52443

(d) How many students are enrolled in traditional half-day	52444
kindergarten rather than all-day kindergarten.	52445

Each district shall report to the department, in the manner	52446
prescribed by the department, the information described in	52447
divisions (G)(2)(a) to (d) of this section.	52448

The department shall issue an annual report on the results of	52449
the survey and shall post the report on its web site. The	52450
department shall issue the first report not later than April 30,	52451
2008, and shall issue a report not later than the thirtieth day of	52452
April each year thereafter.	52453

Sec. 3321.05. (A) As used in this section, "all-day	52454
kindergarten" means a kindergarten class that is in session ~~five~~	52455
~~days per week~~ for not less than the same number of clock hours	52456
each ~~day~~week as for students in grades one through six.	52457

(B) Any school district may operate all-day kindergarten or	52458
extended kindergarten, but no district shall require any student	52459
to attend kindergarten for more than the number of clock hours	52460
required each day for traditional kindergarten by the minimum	52461
standards adopted under division (D) of section 3301.07 of the	52462
Revised Code. Each school district that operates all-day or	52463
extended kindergarten shall accommodate kindergarten students	52464
whose parents or guardians elect to enroll them for the minimum	52465
number of hours.	52466

(C) A school district may use space in child day-care centers	52467
licensed under Chapter 5104. of the Revised Code to provide	52468
all-day kindergarten under this section.	52469

Sec. 3323.021. As used in this section, "participating	52470
county DD board" means a county board of developmental	52471
disabilities electing to participate in the provision of or	52472
contracting for educational services for children under division	52473
(D) of section 5126.05 of the Revised Code.	52474

(A) When a school district, educational service center, or	52475
participating county DD board enters into an agreement or contract	52476
with another school district, educational service center, or	52477
participating county DD board to provide educational services to a	52478
disabled child during a school year, both of the following shall	52479
apply:	52480

(1) Beginning with fiscal year 1999, if the provider of the	52481
services intends to increase the amount it charges for some or all	52482
of those services during the next school year or if the provider	52483
intends to cease offering all or part of those services during the	52484
next school year, the provider shall notify the entity for which	52485
the services are provided of these intended changes no later than	52486
the first day of March of the current fiscal year.	52487

(2) Beginning with fiscal year 1999, if the entity for which	52488
services are provided intends to cease obtaining those services	52489
from the provider for the next school year or intends to change	52490
the type or amount of services it obtains from the provider for	52491
the next school year, the entity shall notify the service provider	52492
of these intended changes no later than the first day of March of	52493
the current fiscal year.	52494

(B) School districts, educational service centers,	52495
participating county DD boards, and other applicable governmental	52496
entities shall collaborate where possible to maximize federal	52497
sources of revenue to provide additional funds for special	52498
education related services for disabled children. Annually, each	52499
school district shall report to the department of education any	52500
amounts of ~~money~~such federal revenue the district received	52501
~~through such medical assistance program~~.	52502

(C) The state board of education, the department of	52503
developmental disabilities, and the department of ~~job and family~~	52504
~~services~~medicaid shall develop working agreements for pursuing	52505
additional funds for services for disabled children.	52506

Sec. 3323.03. The state board of education shall, in	52507
consultation with the department of health, the department of	52508
~~mental health~~mental health and addiction services, and the	52509
department of developmental disabilities, establish standards and	52510
procedures for the identification, location, and evaluation of all	52511
children with disabilities residing in the state, including	52512
children with disabilities who are homeless children or are wards	52513
of the state and children with disabilities attending nonpublic	52514
schools, regardless of the severity of their disabilities, and who	52515
are in need of special education and related services. The state	52516
board shall develop and implement a practical method to determine	52517
which children with disabilities are currently receiving needed	52518
special education and related services.	52519

In conducting the evaluation, the board of education of each	52520
school district shall use a variety of assessment tools and	52521
strategies to gather relevant functional, developmental, and	52522
academic information about the child, including information	52523
provided by the child's parent. The board of education of each	52524
school district, in consultation with the county DD board, the	52525
county family and children first council, and the board of	52526
alcohol, drug addiction, and mental health services of each county	52527
in which the school district has territory, shall identify,	52528
locate, and evaluate all children with disabilities residing	52529
within the district to determine which children with disabilities	52530
are not receiving appropriate special education and related	52531
services. In addition, the board of education of each school	52532
district, in consultation with such county boards or council,	52533
shall identify, locate, and evaluate all children with	52534
disabilities who are enrolled by their parents in nonpublic	52535
elementary and secondary schools located within the public school	52536
district, without regard to where those children reside in	52537
accordance with rules of the state board of education or	52538
guidelines of the superintendent of public instruction.	52539

Each county DD board, county family and children first	52540
council, and board of alcohol, drug addiction, and mental health	52541
services and the board's or council's contract agencies may	52542
transmit to boards of education the names and addresses of	52543
children with disabilities who are not receiving appropriate	52544
special education and related services.	52545

Sec. 3323.04. The state board of education, in consultation	52546
with the department of ~~mental health~~mental health and addiction	52547
services and the department of developmental disabilities, shall	52548
establish procedures and standards for the development of	52549
individualized education programs for children with disabilities.	52550

The state board shall require the board of education of each	52551
school district to develop an individualized education program for	52552
each child with a disability who is at least three years of age	52553
and less than twenty-two years of age residing in the district in	52554
a manner that is in accordance with rules of the state board.	52555

Prior to the placement of a child with a disability in a	52556
program operated under section 3323.09 of the Revised Code, the	52557
district board of education shall consult the county DD board of	52558
the county in which the child resides regarding the proposed	52559
placement.	52560

A child with a disability enrolled in a nonpublic school or	52561
facility shall be provided special education and related services,	52562
in accordance with an individualized education program, at no cost	52563
for those services, if the child is placed in, or referred to,	52564
that nonpublic school or facility by the department of education	52565
or a school district.	52566

The IEP team shall review the individualized education	52567
program of each child with a disability periodically, but at least	52568
annually, to determine whether the annual goals for the child are	52569
being achieved, and shall revise the individualized education	52570
program as appropriate.	52571

The state board shall establish procedures and standards to	52572
assure that to the maximum extent appropriate, children with	52573
disabilities, including children in public or private institutions	52574
or other care facilities, shall be educated with children who are	52575
not disabled. Special classes, separate schools, or other removal	52576
of children with disabilities from the regular educational	52577
environment shall be used only when the nature or severity of a	52578
child's disability is such that education in regular classes with	52579
supplementary aids and services cannot be achieved satisfactorily.	52580

If an agency directly affected by a placement decision	52581
objects to such decision, an impartial hearing officer, appointed	52582
by the department of education from a list prepared by the	52583
department, shall conduct a hearing to review the placement	52584
decision. The agencies that are parties to a hearing shall divide	52585
the costs of such hearing equally. The decision of the hearing	52586
officer shall be final, except that any party to the hearing who	52587
is aggrieved by the findings or the decision of the hearing	52588
officer may appeal the findings or decision in accordance with	52589
division (H) of section 3323.05 of the Revised Code or the parent	52590
of any child affected by such decision may present a complaint in	52591
accordance with that section.	52592

Sec. 3323.07. The state board of education shall authorize	52593
the establishment and maintenance of special education and related	52594
services for all children with disabilities who are at least three	52595
years of age and less than twenty-two years of age, including	52596
children with disabilities who have been suspended or expelled	52597
from school, and may authorize special education and related	52598
services for children with disabilities who are less than three	52599
years of age in accordance with rules adopted by the state board.	52600
The state board shall require the boards of education of school	52601
districts, shall authorize the department of ~~mental health~~mental	52602
health and addiction services and the department of developmental	52603
disabilities, and may authorize any other educational agency, to	52604
establish and maintain such special education and related services	52605
in accordance with standards adopted by the state board.	52606

Sec. 3323.08. (A) Each school district shall submit a plan	52607
to the superintendent of public instruction that provides	52608
assurances that the school district will provide for the education	52609
of children with disabilities within its jurisdiction and has in	52610
effect policies, procedures, and programs that are consistent with	52611
the policies and procedures adopted by the state board of	52612
education in accordance with section 612 of the "Individuals with	52613
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	52614
and that meet the conditions applicable to school districts under	52615
section 613 of that act, 20 U.S.C. 1413.	52616

Each district's plan shall do all of the following:

52617

(1) Provide, as specified in section 3323.11 of the Revised	52618
Code and in accordance with standards established by the state	52619
board, for an organizational structure and necessary and qualified	52620
staffing and supervision for the identification of and provision	52621
of special education and related services for children with	52622
disabilities;	52623

(2) Provide, as specified by section 3323.03 of the Revised	52624
Code and in accordance with standards established by the state	52625
board, for the identification, location, and evaluation of all	52626
children with disabilities residing in the district, including	52627
children with disabilities who are homeless children or are wards	52628
of the state and children with disabilities attending private	52629
schools and who are in need of special education and related	52630
services. A practical method shall be developed and implemented to	52631
determine which children with disabilities are currently receiving	52632
needed special education and related services.	52633

(3) Provide, as specified by section 3323.07 of the Revised	52634
Code and standards established by the state board, for the	52635
establishment and maintenance of special education and related	52636
services for children with disabilities who are at least three	52637
years of age and less than twenty-two years of age, including	52638
children with disabilities who have been suspended or expelled	52639
from school.	52640

(4) Provide, as specified by section 3323.04 of the Revised	52641
Code and in accordance with standards adopted by the state board,	52642
for an individualized education program for each child with a	52643
disability who is at least three years of age and less than	52644
twenty-two years of age residing within the district;	52645

(5) Provide, as specified by section 3323.02 of the Revised	52646
Code and in accordance with standards established by the state	52647
board, for special education and related services and a free	52648
appropriate public education for every child with a disability who	52649
is at least three years of age and less than twenty-two years of	52650
age, including children with disabilities who have been suspended	52651
or expelled from school;	52652

(6) Provide procedural safeguards and prior written notice as	52653
required under section 3323.05 of the Revised Code and the	52654
standards established by the state board;	52655

(7) Outline the steps that have been or are being taken to	52656
comply with standards established by the state board.	52657

(B)(1) A school district may arrange, by a cooperative	52658
agreement or contract with one or more school districts or with a	52659
cooperative education or joint vocational school district or an	52660
educational service center, to provide for the identification,	52661
location, and evaluation of children with disabilities, and to	52662
provide special education and related services for such children	52663
that meet the standards established by the state board. A school	52664
district may arrange, by a cooperative agreement or contract, for	52665
the provision of related services for children with disabilities	52666
that meet the standards established by the state board.	52667

(2) A school district shall arrange by interagency agreement	52668
with one or more school districts or with a cooperative education	52669
or joint vocational school district or an educational service	52670
center or other providers of early learning services to provide	52671
for the identification, location, evaluation of children with	52672
disabilities of ages birth through five years of age and for the	52673
transition of children with disabilities at age three in	52674
accordance with the standards established by the state board. A	52675
school district may arrange by interagency agreement with	52676
providers of early learning services to provide special education	52677
and related services for such children that meet the standards	52678
established by the state board.	52679

(3) If at the time an individualized education program is	52680
developed for a child a school district is not providing special	52681
education and related services required by that individualized	52682
education program, the school district may arrange by contract	52683
with a nonpublic entity for the provision of the special education	52684
and related services, provided the special education and related	52685
services meet the standards for special education and related	52686
services established by the state board and is provided within the	52687
state.	52688

(4) Any cooperative agreement or contract under division	52689
(B)(1) or (2) of this section involving a local school district	52690
shall be approved by the governing board of the educational	52691
service center which serves that district.	52692

(C) No plan of a local school district shall be submitted to	52693
the superintendent of public instruction until it has been	52694
approved by the superintendent of the educational service center	52695
which serves that district.	52696

(D) Upon approval of a school district's plan by the	52697
superintendent of public instruction, the district shall	52698
immediately certify students for state funds under section 3317.03	52699
of the Revised Code to implement and maintain such plan. ~~The~~	52700
~~district also shall request approval of classroom units under~~	52701
~~division (B) of section 3317.05 of the Revised Code for which the~~	52702
~~district has adequately identified preschool children with~~	52703
~~disabilities and shall, in accordance with procedures adopted by~~	52704
~~the state board, request approval of units under division (C) of~~	52705
~~section 3317.05 of the Revised Code.~~ The district shall, in	52706
accordance with guidelines adopted by the state board, identify	52707
problems relating to the provision of qualified personnel and	52708
adequate facilities, and indicate the extent to which the cost of	52709
programs required under the plan will exceed anticipated state	52710
reimbursement. Each school district shall immediately implement	52711
the identification, location, and evaluation of children with	52712
disabilities in accordance with this chapter, and shall implement	52713
those parts of the plan involving placement and provision of	52714
special education and related services.	52715

Sec. 3323.09. (A) As used in this section:

52716

(1) "Home" has the meaning given in section 3313.64 of the	52717
Revised Code.	52718

(2) "Preschool child" means a child who is at least age three	52719
but under age six on the thirtieth day of September of an academic	52720
year.	52721

(B) Each county DD board shall establish special education	52722
programs for all children with disabilities who in accordance with	52723
section 3323.04 of the Revised Code have been placed in special	52724
education programs operated by the county board and for preschool	52725
children who are developmentally delayed or at risk of being	52726
developmentally delayed. The board annually shall submit to the	52727
department of education a plan for the provision of these programs	52728
~~and, if applicable, a request for approval of units under section~~	52729
~~3317.05 of the Revised Code~~. The superintendent of public	52730
instruction shall review the plan and approve or modify it in	52731
accordance with rules adopted by the state board of education	52732
under section 3301.07 of the Revised Code. The superintendent of	52733
public instruction shall compile the plans submitted by county	52734
boards and shall submit a comprehensive plan to the state board.	52735

A county DD board may combine transportation for children	52736
enrolled in classes funded under ~~section~~sections 3317.0213 or	52737
3317.20 ~~or units approved under section 3317.05~~ with	52738
transportation for children and adults enrolled in programs and	52739
services offered by the board under Chapter 5126. of the Revised	52740
Code.	52741

(C) A county DD board that during the school year provided	52742
special education pursuant to this section for any child with	52743
mental disabilities under twenty-two years of age shall prepare	52744
and submit the following reports and statements:	52745

(1) The board shall prepare a statement for each child who at	52746
the time of receiving such special education was a resident of a	52747
home and was not in the legal or permanent custody of an Ohio	52748
resident or a government agency in this state, and whose natural	52749
or adoptive parents are not known to have been residents of this	52750
state subsequent to the child's birth. The statement shall contain	52751
the child's name, the name of the child's school district of	52752
residence, the name of the county board providing the special	52753
education, and the number of months, including any fraction of a	52754
month, it was provided. Not later than the thirtieth day of June,	52755
the board shall forward a certified copy of such statement to both	52756
the director of developmental disabilities and to the home.	52757

Within thirty days after its receipt of a statement, the home	52758
shall pay tuition to the county board computed in the manner	52759
prescribed by section 3323.141 of the Revised Code.	52760

(2) The board shall prepare a report for each school district	52761
that is the school district of residence of one or more of such	52762
children for whom statements are not required by division (C)(1)	52763
of this section. The report shall contain the name of the county	52764
board providing special education, the name of each child	52765
receiving special education, the number of months, including	52766
fractions of a month, that the child received it, and the name of	52767
the child's school district of residence. Not later than the	52768
thirtieth day of June, the board shall forward certified copies of	52769
each report to the school district named in the report, the	52770
superintendent of public instruction, and the director of	52771
developmental disabilities.	52772

Sec. 3323.091. (A) The department of ~~mental health~~mental	52773
health and addiction services, the department of developmental	52774
disabilities, the department of youth services, and the department	52775
of rehabilitation and correction shall establish and maintain	52776
special education programs for children with disabilities in	52777
institutions under their jurisdiction according to standards	52778
adopted by the state board of education.	52779

(B) ~~The superintendent of each state institution required to~~	52780
~~provide services under division (A) of this section, and each~~	52781
~~county DD board, providing special education for preschool~~	52782
~~children with disabilities under this chapter may apply to the~~	52783
~~state department of education for unit funding, which shall be~~	52784
~~paid in accordance with sections 3317.052 and 3317.053 of the~~	52785
~~Revised Code.~~	52786

The superintendent of each state institution required to	52787
provide services under division (A) of this section may apply to	52788
the department of education for special education and related	52789
services ~~weighted~~ funding for children with disabilities other	52790
than preschool children with disabilities, calculated in	52791
accordance with section 3317.201 of the Revised Code.	52792

Each county DD board providing special education for children	52793
with disabilities other than preschool children with disabilities	52794
may apply to the department of education for ~~base cost and~~	52795
opportunity funds, special education and related services ~~weighted~~	52796
funding, and targeted assistance funds calculated in accordance	52797
with section 3317.20 of the Revised Code.	52798

(C) In addition to the authorization to apply for state	52799
funding described in division (B) of this section, each state	52800
institution required to provide services under division (A) of	52801
this section is entitled to tuition payments calculated in the	52802
manner described in division (C) of this section.	52803

On or before the thirtieth day of June of each year, the	52804
superintendent of each institution that during the school year	52805
provided special education pursuant to this section shall prepare	52806
a statement for each child with a disability under twenty-two	52807
years of age who has received special education. The statement	52808
shall contain the child's data verification code assigned pursuant	52809
to division (D)(2) of section 3301.0714 of the Revised Code and	52810
the name of the child's school district of residence. Within sixty	52811
days after receipt of such statement, the department of education	52812
shall perform one of the following:	52813

(1) For any child except a preschool child with a disability	52814
described in division (C)(2) of this section, pay to the	52815
institution submitting the statement an amount equal to the	52816
tuition calculated under division (A) of section 3317.08 of the	52817
Revised Code for the period covered by the statement, and deduct	52818
the same from the amount of state funds, if any, payable under	52819
Chapter 3317. of the Revised Code, to the child's school district	52820
of residence or, if the amount of such state funds is	52821
insufficient, require the child's school district of residence to	52822
pay the institution submitting the statement an amount equal to	52823
the amount determined under this division.	52824

(2) For any preschool child with a disability ~~not included in~~	52825
~~a unit approved under division (B) of section 3317.05 of the~~	52826
~~Revised Code~~, perform the following:	52827

(a) Pay to the institution submitting the statement an amount	52828
equal to the tuition calculated under division (B) of section	52829
3317.08 of the Revised Code for the period covered by the	52830
statement, except that in calculating the tuition under that	52831
section the operating expenses of the institution submitting the	52832
statement under this section shall be used instead of the	52833
operating expenses of the school district of residence;	52834

(b) Deduct from the amount of state funds, if any, payable	52835
under Chapter 3317. of the Revised Code to the child's school	52836
district of residence an amount equal to the amount paid under	52837
division (C)(2)(a) of this section.	52838

Sec. 3323.13. (A) If a child who is a school resident of one	52839
school district receives special education from another district,	52840
the board of education of the district providing the education,	52841
subject to division (C) of this section, may require the payment	52842
by the board of education of the district of residence of a sum	52843
not to exceed one of the following, as applicable:	52844

(1) For any child except a preschool child with a disability	52845
described in division (A)(2) of this section, the tuition of the	52846
district providing the education for a child of normal needs of	52847
the same school grade. The determination of the amount of such	52848
tuition shall be in the manner provided for by division (A) of	52849
section 3317.08 of the Revised Code.	52850

(2) For any preschool child with a disability ~~not included in~~	52851
~~a unit approved under division (B) of section 3317.05 of the~~	52852
~~Revised Code~~, the tuition of the district providing the education	52853
for the child as calculated under division (B) of section 3317.08	52854
of the Revised Code, multiplied by 0.50.	52855

(B) The board of the district of residence may contract with	52856
the board of another district for the transportation of such child	52857
into any school in such other district, on terms agreed upon by	52858
such boards. Upon direction of the state board of education, the	52859
board of the district of residence shall pay for the child's	52860
transportation and the tuition.	52861

(C) The board of education of a district providing the	52862
education for a child shall be entitled to require payment from	52863
the district of residence under this section or section 3323.14 of	52864
the Revised Code only if the district providing the education has	52865
done at least one of the following:	52866

(1) Invited the district of residence to send representatives	52867
to attend the meetings of the team developing the child's	52868
individualized education program;	52869

(2) Received from the district of residence a copy of the	52870
individualized education program or a multifactored evaluation	52871
developed for the child by the district of residence;	52872

(3) Informed the district of residence in writing that the	52873
district is providing the education for the child.	52874

As used in division (C)(2) of this section, "multifactored	52875
evaluation" means an evaluation, conducted by a multidisciplinary	52876
team, of more than one area of the child's functioning so that no	52877
single procedure shall be the sole criterion for determining an	52878
appropriate educational program placement for the child.	52879

Sec. 3323.14. ~~This section does not apply to any preschool~~	52880
~~child with a disability except if included in a unit approved~~	52881
~~under division (B) of section 3317.05 of the Revised Code.~~	52882

(A) Where a child who is a school resident of one school	52883
district receives special education from another district and the	52884
per capita cost to the educating district for that child exceeds	52885
the sum of the amount received by the educating district for that	52886
child under division (A) of section 3317.08 of the Revised Code	52887
and the amount received by the district from the state board of	52888
education for that child, then the board of education of the	52889
district of residence shall pay to the board of the school	52890
district that is providing the special education such excess cost	52891
as is determined by using a formula approved by the department of	52892
education and agreed upon in contracts entered into by the boards	52893
of the districts concerned at the time the district providing such	52894
special education accepts the child for enrollment. The department	52895
shall certify the amount of the payments under Chapter 3317. of	52896
the Revised Code for such pupils with disabilities for each school	52897
year ending on the thirtieth day of July.	52898

(B) In the case of a child described in division (A) of this	52899
section who has been placed in a home, as defined in section	52900
3313.64 of the Revised Code, pursuant to the order of a court and	52901
who is not subject to section 3323.141 of the Revised Code, the	52902
district providing the child with special education and related	52903
services may charge to the child's district of residence the	52904
excess cost determined by formula approved by the department,	52905
regardless of whether the district of residence has entered into a	52906
contract with the district providing the services. If the district	52907
providing the services chooses to charge excess costs, the	52908
district may report the amount calculated under this division to	52909
the department.	52910

(C) If a district providing special education for a child	52911
reports an amount for the excess cost of those services, as	52912
authorized and calculated under division (A) or (B) of this	52913
section, the department shall pay that amount of excess cost to	52914
the district providing the services and shall deduct that amount	52915
from the child's district of residence in accordance with division	52916
(K) of section 3317.023 of the Revised Code.	52917

Sec. 3323.141. (A) When a child who is not in the legal or	52918
permanent custody of an Ohio resident or a government agency in	52919
this state and whose natural or adoptive parents are not known to	52920
have been residents of this state subsequent to the child's birth	52921
is a resident of a home as defined in section 3313.64 of the	52922
Revised Code and receives special education and related services	52923
from a school district or county ~~MR/DD~~DD board, the home shall	52924
pay tuition to the board providing the special education.	52925

(B) In the case of a child described in division (A) of this	52926
section who receives special education and related services from a	52927
school district, tuition shall be the amount determined under	52928
division (B)(1) or (2) of this section.	52929

(1) For a child other than a child described in division	52930
(B)(2) of this section the tuition shall be an amount equal to the	52931
sum of the following:	52932

(a) Tuition as determined in the manner provided for by	52933
division (B) of section 3317.081 of the Revised Code for the	52934
district that provides the special education;	52935

(b) Such excess cost as is determined by using a formula	52936
established by rule of the department of education. The excess	52937
cost computed in this section shall not be used as excess cost	52938
computed under section 3323.14 of the Revised Code.	52939

(2) For a child who is a preschool child with a disability	52940
~~not included in a unit approved under division (B) of section~~	52941
~~3317.05 of the Revised Code~~, the tuition shall be computed as	52942
follows:	52943

(a) Determine the amount of the tuition of the district	52944
providing the education for the child as calculated under division	52945
(B) of section 3317.08 of the Revised Code;	52946

(b) For each type of special education service included in	52947
the computation of the amount of tuition under division (B)(2)(a)	52948
of this section, divide the amount determined for that computation	52949
under division (B)(2) of section 3317.08 of the Revised Code by	52950
the total number of preschool children with disabilities used for	52951
that computation under division (B)(3) of section 3317.08 of the	52952
Revised Code;	52953

(c) Determine the sum of the quotients obtained under	52954
division (B)(2)(b) of this section;	52955

(d) Determine the sum of the amounts determined under	52956
divisions (B)(2)(a) and (c) of this section.	52957

(C) In the case of a child described in division (A) of this	52958
section who receives special education and related services from a	52959
county ~~MR/DD~~DD board, tuition shall be the amount determined	52960
under division (C)(1) or (2) of this section.	52961

(1) For a child other than a child described in division	52962
(C)(2) of this section, the tuition shall be an amount equal to	52963
such board's per capita cost of providing special education and	52964
related services for children at least three but less than	52965
twenty-two years of age as determined by using a formula	52966
established by rule of the department of developmental	52967
disabilities.	52968

(2) For a child who is a preschool child with a disability	52969
~~not included in a unit approved under division (B) of section~~	52970
~~3317.05 of the Revised Code~~, the tuition shall equal the sum of	52971
the amounts of each such board's per capita cost of providing each	52972
of the special education or related service that the child	52973
receives. The calculation of tuition shall be made by using a	52974
formula established by rule of the department of developmental	52975
disabilities. The formula for the calculation of per capita costs	52976
under division (C)(2) of this section shall be based only on each	52977
such ~~MR/DD~~DD board's cost of providing each type of special	52978
education or related service to preschool children with	52979
disabilities ~~not included in a unit approved under division (B) of~~	52980
~~section 3317.05 of the Revised Code~~.	52981

(D) If a home fails to pay the tuition required under this	52982
section, the board of education or county ~~MR/DD~~DD board providing	52983
the education may recover in a civil action the tuition and the	52984
expenses incurred in prosecuting the action, including court costs	52985
and reasonable attorney's fees. If the prosecuting attorney or	52986
city director of law represents the board in such action, costs	52987
and reasonable attorney's fees awarded by the court, based upon	52988
the time spent preparing and presenting the case by the	52989
prosecuting attorney, director, or a designee of either, shall be	52990
deposited in the county or city general fund.	52991

Sec. 3323.142. ~~This section does not apply to any preschool~~	52992
~~child with a disability except if included in a unit approved~~	52993
~~under division (B) of section 3317.05 of the Revised Code.~~	52994

As used in this section, "per pupil amount" for a preschool	52995
child with a disability included in such an approved unit means	52996
the amount determined by dividing the amount received for the	52997
classroom unit in which the child has been placed by the number of	52998
children in the unit. For any other child, "per pupil amount"	52999
means the amount paid for the child under section 3317.20 of the	53000
Revised Code.	53001

When a school district places or has placed a child with a	53002
county DD board for special education, but another district is	53003
responsible for tuition under section 3313.64 or 3313.65 of the	53004
Revised Code and the child is not a resident of the territory	53005
served by the county DD board, the board may charge the district	53006
responsible for tuition with the educational costs in excess of	53007
the per pupil amount received by the board under Chapter 3317. of	53008
the Revised Code. The amount of the excess cost shall be	53009
determined by the formula established by rule of the department of	53010
education under section 3323.14 of the Revised Code, and the	53011
payment for such excess cost shall be made by the school district	53012
directly to the county DD board.	53013

A school district board of education and the county DD board	53014
that serves the school district may negotiate and contract, at or	53015
after the time of placement, for payments by the board of	53016
education to the county DD board for additional services provided	53017
to a child placed with the county DD board and whose	53018
individualized education program established pursuant to section	53019
3323.08 of the Revised Code requires additional services that are	53020
not routinely provided children in the county DD board's program	53021
but are necessary to maintain the child's enrollment and	53022
participation in the program. Additional services may include, but	53023
are not limited to, specialized supplies and equipment for the	53024
benefit of the child and instruction, training, or assistance	53025
provided by staff members other than staff members for which	53026
funding is received under Chapter 3317. of the Revised Code.	53027

Sec. 3326.11. Each science, technology, engineering, and	53028
mathematics school established under this chapter and its	53029
governing body shall comply with sections 9.90, 9.91, 109.65,	53030
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	53031
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	53032
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	53033
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	53034
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	53035
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	53036
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	53037
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	53038
3313.816, 3313.817, 3313.86, ~~3313.88,~~ 3313.96, 3319.073, 3319.21,	53039
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	53040
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	53041
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	53042
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	53043
4123., 4141., and 4167. of the Revised Code as if it were a school	53044
district.	53045

Sec. 3326.112. The governing body of each STEM school shall	53046
comply with the standards for financial reporting adopted under	53047
division (B)(2) of section 3301.07 of the Revised Code.	53048

Sec. 3326.20. (A) As used in this section, "native student"	53049
means a student entitled to attend school in the school district	53050
under section 3313.64 or 3313.65 of the Revised Code.	53051

(B) Unless either the proposal for the establishment of a	53052
science, technology, engineering, and mathematics school, as it	53053
was approved by the STEM committee under section 3326.03 of the	53054
Revised Code, ~~otherwise~~ provides for the transportation of	53055
students to and from the STEM school, or the parent of a native	53056
student or that student opts to receive the transportation subsidy	53057
prescribed by section 3327.02 of the Revised Code, the board of	53058
education of each city, local, and exempted village school	53059
district shall provide transportation to and from school for its	53060
~~district's~~ native students enrolled in the STEM school in the same	53061
manner that section 3327.01 of the Revised Code requires for its	53062
native students enrolled in nonpublic schools.	53063

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	53064
Revised Code:	53065

(A) ~~"Applicable special education weight" means the multiple~~	53066
~~specified in section 3317.013 of the Revised Code for a disability~~	53067
~~described in that section.~~	53068

~~(B) "Applicable vocational education weight" means the~~	53069
~~multiple specified in section 3317.014 of the Revised Code for~~	53070
~~vocational education programs or classes described in that section~~	53071
(1) "Category one career-technical education student" means a	53072
student who is receiving the career-technical education services	53073
described in division (A) of section 3317.014 of the Revised Code.	53074

(2) "Category two career-technical student" means a student	53075
who is receiving the career-technical education services described	53076
in division (B) of section 3317.014 of the Revised Code.	53077

(3) "Category three career-technical student" means a student	53078
who is receiving the career-technical education services described	53079
in division (C) of section 3317.014 of the Revised Code.	53080

(4) "Category four career-technical student" means a student	53081
who is receiving the career-technical education services described	53082
in division (D) of section 3317.014 of the Revised Code.	53083

(5) "Category five career-technical education student" means	53084
a student who is receiving the career-technical education services	53085
described in division (E) of section 3317.014 of the Revised Code.	53086

(B)(1) "Category one limited English proficient student"	53087
means a limited English proficient student described in division	53088
(A) of section 3317.016 of the Revised Code.	53089

(2) "Category two limited English proficient student" means a	53090
limited English proficient student described in division (B) of	53091
section 3317.016 of the Revised Code.	53092

(3) "Category three limited English proficient student" means	53093
a limited English proficient student described in division (C) of	53094
section 3317.016 of the Revised Code.	53095

(C)(1) "Category one special education student" means a	53096
student who is receiving special education services for a	53097
disability specified in division (A) of section 3317.013 of the	53098
Revised Code.	53099

(2) "Category two special education student" means a student	53100
who is receiving special education services for a disability	53101
specified in division (B) of section 3317.013 of the Revised Code.	53102

(3) "Category three special education student" means a	53103
student who is receiving special education services for a	53104
disability specified in division (C) of section 3317.013 of the	53105
Revised Code.	53106

(4) "Category four special education student" means a student	53107
who is receiving special education services for a disability	53108
specified in division (D) of section 3317.013 of the Revised Code.	53109

(5) "Category five special education student" means a student	53110
who is receiving special education services for a disability	53111
specified in division (E) of section 3317.013 of the Revised Code.	53112

(6) "Category six special education student" means a student	53113
who is receiving special education services for a disability	53114
specified in division (F) of section 3317.013 of the Revised Code.	53115

~~(C)~~(D) "Formula amount" has the same meaning as in section	53116
3317.02 of the Revised Code.	53117

~~(D)~~(E) "IEP" means an individualized education program as	53118
defined in section 3323.01 of the Revised Code.	53119

~~(E) A student is "included in the poverty student count of~~	53120
~~the student's resident district" if the student's family receives~~	53121
~~assistance under the Ohio works first program.~~	53122

(F) "Resident district" means the school district in which a	53123
student is entitled to attend school under section 3313.64 or	53124
3313.65 of the Revised Code.	53125

(G) "State education aid" has the same meaning as in section	53126
5751.20 of the Revised Code.	53127

Sec. 3326.32. Each science, technology, engineering, and	53128
mathematics school shall report to the department of education, in	53129
the form and manner required by the department, all of the	53130
following information:	53131

(A) The total number of students enrolled in the school;

53132

(B) The number of students who are receiving special	53133
education and related services pursuant to an IEP;	53134

(C) For each student reported under division (B) of this	53135
section, which category specified in divisions (A) to (F) of	53136
section 3317.013 of the Revised Code applies to the student;	53137

(D) The full-time equivalent number of students who are	53138
enrolled in ~~vocational~~career-technical education programs or	53139
classes described in each of divisions (A) ~~and~~, (B), (C), (D), and	53140
(E) of section 3317.014 of the Revised Code that are provided by	53141
the STEM school;	53142

(E) The number of students who are limited English proficient	53143
students and which category specified in divisions (A) to (C) of	53144
section 3317.016 of the Revised Code applies to each student;	53145

(F) The number of students reported under division (A) of	53146
this section who are economically disadvantaged, as defined by the	53147
department. A student shall not be categorically excluded from the	53148
number reported under division (F) of this section based on	53149
anything other than family income.	53150

(G) The resident district of each student;

53151

~~(F)~~(H) Any additional information the department determines	53152
necessary to make payments under this chapter.	53153

Sec. 3326.33. ~~Payments and deductions under this section for~~	53154
~~fiscal years 2012 and 2013 shall be made in accordance with~~	53155
~~section 3326.39 of the Revised Code.~~	53156

For each student enrolled in a science, technology,	53157
engineering, and mathematics school established under this	53158
chapter, on a full-time equivalency basis, the department of	53159
education annually shall deduct from the state education aid of a	53160
student's resident school district and, if necessary, from the	53161
payment made to the district under sections 321.24 and 323.156 of	53162
the Revised Code and pay to the school the sum of the following:	53163

(A) ~~The sum of the formula amount plus the per pupil amount~~	53164
~~of the base funding supplements specified in divisions (C)(1) to~~	53165
~~(4) of section 3317.012 of the Revised Code.~~	53166

~~(B) If the student is receiving special education and related~~	53167
~~services pursuant to an IEP, the product of the applicable special~~	53168
~~education weight times the formula amount;~~	53169

~~(C) If the student is enrolled in vocational education~~	53170
~~programs or classes that are described in section 3317.014 of the~~	53171
~~Revised Code, are provided by the school, and are comparable as~~	53172
~~determined by the superintendent of public instruction to school~~	53173
~~district vocational education programs and classes eligible for~~	53174
~~state weighted funding under section 3317.014 of the Revised Code,~~	53175
~~the product of the applicable vocational education weight times~~	53176
~~the formula amount times the percentage of time the student spends~~	53177
~~in the vocational education programs or classes;~~	53178

~~(D) If the student is included in the poverty student count~~	53179
~~of the student's resident district, the per pupil amount of the~~	53180
~~district's payment under division (C) of section 3317.029 of the~~	53181
~~Revised Code;~~	53182

~~(E) If the student is identified as limited English~~	53183
~~proficient and the student's resident district receives a payment~~	53184
~~for services to limited English proficient students under division~~	53185
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	53186
~~of the district's payment under that division, calculated in the~~	53187
~~same manner as per pupil payments are calculated under division~~	53188
~~(C)(6) of section 3314.08 of the Revised Code;~~	53189

~~(F) If the student's resident district receives a payment~~	53190
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	53191
~~Code, the per pupil amount of the district's payments under each~~	53192
~~division, calculated in the same manner as per pupil payments are~~	53193
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	53194
~~the Revised Code;~~	53195

~~(G) If the student's resident district receives a parity aid~~	53196
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	53197
~~amount calculated for the district under division (C) or (D) of~~	53198
~~that section~~An opportunity grant in an amount equal to the	53199
formula amount;	53200

(B) The per pupil amount of targeted assistance funds	53201
calculated under division (A) of section 3317.0217 of the Revised	53202
Code for the student's resident district, as determined by the	53203
department, X 0.25;	53204

(C) Additional state aid for special education and related	53205
services provided under Chapter 3323. of the Revised Code as	53206
follows:	53207

(1) If the student is a category one special education	53208
student, the formula amount X the multiple specified in division	53209
(A) of section 3317.013 of the Revised Code;	53210

(2) If the student is a category two special education	53211
student, the formula amount X the multiple specified in division	53212
(B) of section 3317.013 of the Revised Code;	53213

(3) If the student is a category three special education	53214
student, the formula amount X the multiple specified in division	53215
(C) of section 3317.013 of the Revised Code;	53216

(4) If the student is a category four special education	53217
student, the formula amount X the multiple specified in division	53218
(D) of section 3317.013 of the Revised Code;	53219

(5) If the student is a category five special education	53220
student, the formula amount X the multiple specified in division	53221
(E) of section 3317.013 of the Revised Code;	53222

(6) If the student is a category six special education	53223
student, the formula amount X the multiple specified in division	53224
(F) of section 3317.013 of the Revised Code.	53225

(D) If the student is in kindergarten through third grade,	53226
$300, in fiscal year 2014, or $303, in fiscal year 2015;	53227

(E) If the student is economically disadvantaged, an amount	53228
equal to the following:	53229

($340, in fiscal year 2014, or $343, in fiscal year 2015) X (the	53230
resident district's economically disadvantaged index)	53231

(F) Limited English proficiency funds, as follows:

53232

(1) If the student is a category one limited English	53233
proficient student, the amount specified in division (A) of	53234
section 3317.016 of the Revised Code;	53235

(2) If the student is a category two limited English	53236
proficient student, the amount specified in division (B) of	53237
section 3317.016 of the Revised Code;	53238

(3) If the student is a category three limited English	53239
proficient student, the amount specified in division (C) of	53240
section 3317.016 of the Revised Code.	53241

(G) Career-technical education funds as follows:

53242

(1) If the student is a category one career-technical	53243
education student, the formula amount X the multiple specified in	53244
division (A) of section 3317.014 of the Revised Code;	53245

(2) If the student is a category two career-technical	53246
education student, the formula amount X the multiple specified in	53247
division (B) of section 3317.014 of the Revised Code;	53248

(3) If the student is a category three career-technical	53249
education student, the formula amount X the multiple specified in	53250
division (C) of section 3317.014 of the Revised Code;	53251

(4) If the student is a category four career-technical	53252
education student, the formula amount X the multiple specified in	53253
division (D) of section 3317.014 of the Revised Code;	53254

(5) If the student is a category five career-technical	53255
education student, the formula amount X the multiple specified in	53256
division (E) of section 3317.014 of the Revised Code.	53257

Deduction and payment of funds under division (G) of this	53258
section is subject to approval under section 3317.161 of the	53259
Revised Code.	53260

Sec. 3326.34. If a science, technology, engineering, and	53261
mathematics school established under this chapter incurs costs for	53262
a fiscal year for a student receiving special education and	53263
related services pursuant to an IEP for a disability described in	53264
divisions (B) to (F) of section 3317.013 of the Revised Code that	53265
exceed the threshold catastrophic cost for serving the student as	53266
specified in division ~~(C)(3)(b)~~(B) of section ~~3317.022~~3317.0214	53267
of the Revised Code, the STEM school may submit to the	53268
superintendent of public instruction documentation, as prescribed	53269
by the superintendent, of all its costs for that student. Upon	53270
submission of documentation for a student of the type and in the	53271
manner prescribed, the department of education shall pay to the	53272
school an amount equal to the school's costs for the student in	53273
excess of the threshold catastrophic costs.	53274

The school shall only report under this section, and the	53275
department shall only pay for, the costs of educational expenses	53276
and the related services provided to the student in accordance	53277
with the student's IEP. Any legal fees, court costs, or other	53278
costs associated with any cause of action relating to the student	53279
may not be included in the amount.	53280

Sec. 3326.38. A science, technology, engineering, and	53281
mathematics school may do ~~all~~both of the following:	53282

(A) ~~Apply to the department of education for gifted unit~~	53283
~~funding;~~	53284

~~(B)~~ Apply to any state or federal agency for grants that a	53285
school district or public school may receive under federal or	53286
state law or any appropriations act of the general assembly;	53287

~~(C)~~(B) Apply to any private entity or foundation for	53288
additional funds.	53289

Sec. 3326.45. (A) The governing body of a science,	53290
technology, engineering, and mathematics school may contract with	53291
the governing board of an educational service center or the board	53292
of education of a joint vocational school district for the	53293
provision of services to the STEM school or to any student	53294
enrolled in the school. Services provided under the contract and	53295
the amount to be paid for those services shall be mutually agreed	53296
to by the parties to the contract, and shall be specified in the	53297
contract.	53298

(B) A contract entered into under this section may require an	53299
educational service center to provide any one or a combination of	53300
the following services to a STEM school:	53301

(1) Supervisory teachers;

53302

(2) In-service and continuing education programs for	53303
personnel of the STEM school;	53304

(3) Curriculum services as provided to the client school	53305
districts of the service center;	53306

(4) Research and development programs;

53307

(5) Academic instruction for which the service center	53308
governing board employs teachers;	53309

(6) Assistance in the provision of special accommodations and	53310
classes for students with disabilities.	53311

Services described in division (B) of this section shall be	53312
provided to the STEM school in the same manner they are provided	53313
to client school districts of the service center, unless otherwise	53314
specified in the contract. The contract shall specify whether the	53315
service center will receive a per-pupil payment from the	53316
department of education for the provision of these services and,	53317
if so, the amount of the per-pupil payment~~, which shall not exceed~~	53318
~~the per-pupil amount paid to the service center under division (F)~~	53319
~~of section 3317.11 of the Revised Code for each student in the~~	53320
~~service center ADM~~.	53321

(C) For each contract entered into under this section, the	53322
department shall deduct the amount owed by the STEM school from	53323
the state funds due to the STEM school under this chapter and	53324
shall pay that amount to the educational service center or joint	53325
vocational school district that is party to the contract. ~~In the~~	53326
~~case of a contract with an educational service center that~~	53327
~~specifies per-pupil payments for the provision of services~~	53328
~~described in division (B) of this section, the department also~~	53329
~~shall pay the service center the amount calculated under division~~	53330
~~(H) of section 3317.11 of the Revised Code.~~	53331

(D) No contract entered into under this section shall be	53332
valid unless a copy is filed with the department by the first day	53333
of the school year for which the contract is in effect.	53334

(E) As used in this section, "client school district" ~~has the~~	53335
~~same meaning as in section 3317.11 of the Revised Code~~means a	53336
city, exempted village, or local school district that has entered	53337
into an agreement under section 3313.843 or 3313.845 of the	53338
Revised Code to receive any services from an educational service	53339
center.	53340

Sec. 3327.01. Notwithstanding division (D) of section	53341
3311.19 and division (D) of section 3311.52 of the Revised Code,	53342
this section and sections 3327.011~~, 3327.012,~~ and 3327.02 of the	53343
Revised Code do not apply to any joint vocational or cooperative	53344
education school district.	53345

In(A) Except as provided in division (D) of this section or	53346
section 3314.091 or 3327.02 of the Revised Code, in all city,	53347
local, and exempted village school districts where resident school	53348
pupils in grades kindergarten through eight live more than two	53349
miles from the school for which the state board of education	53350
prescribes minimum standards pursuant to division (D) of section	53351
3301.07 of the Revised Code and to which they are assigned by the	53352
board of education of the district of residence or to and from the	53353
nonpublic or community school which they attend, the board of	53354
education shall provide transportation for such pupils to and from	53355
~~such~~that school ~~except as provided in section 3327.02 of the~~	53356
~~Revised Code~~.	53357

(B) In all city, local, and exempted village school districts	53358
where pupil transportation is required under a career-technical	53359
plan approved by the state board of education under section	53360
3313.90 of the Revised Code, for any student attending a	53361
career-technical program operated by another school district,	53362
including a joint vocational school district, as prescribed under	53363
that section, the board of education of the student's district of	53364
residence shall provide transportation from the public high school	53365
operated by that district to which the student is assigned to the	53366
career-technical program.	53367

In(C) Except as provided in division (D) of this section or	53368
section 3314.091 or 3327.02 of the Revised Code, in all city,	53369
local, and exempted village school districts, the board may	53370
provide transportation for resident school pupils in grades nine	53371
through twelve to and from the high school to which they are	53372
assigned by the board of education of the district of residence or	53373
to and from the nonpublic or community high school which they	53374
attend for which the state board of education prescribes minimum	53375
standards pursuant to division (D) of section 3301.07 of the	53376
Revised Code.	53377

(D)(1) A board of education shall not be required to	53378
transport elementary or high school pupils to and from a nonpublic	53379
or community school where such transportation would require more	53380
than thirty minutes of direct travel time as measured by school	53381
bus from the public school building to which the pupils would be	53382
assigned if attending the public school designated by the district	53383
of residence.	53384

~~Where it is impractical to transport a pupil by school~~	53385
~~conveyance, a board of education may offer payment, in lieu of~~	53386
~~providing such transportation in accordance with section 3327.02~~	53387
~~of the Revised Code.~~	53388

(2) A board of education shall not be required to transport	53389
elementary or high school pupils to and from a nonpublic or	53390
community school on Saturday or Sunday, unless a board of	53391
education and a nonpublic or community school have an agreement in	53392
place to do so before the effective date of this amendment.	53393

(E) In all city, local, and exempted village school	53394
districts, the board shall provide transportation for all children	53395
who are so disabled that they are unable to walk to and from the	53396
school for which the state board of education prescribes minimum	53397
standards pursuant to division (D) of section 3301.07 of the	53398
Revised Code and which they attend. In case of dispute whether the	53399
child is able to walk to and from the school, the health	53400
commissioner shall be the judge of such ability. In all city,	53401
exempted village, and local school districts, the board shall	53402
provide transportation to and from school or special education	53403
classes for ~~educable~~ mentally ~~retarded~~disabled children in	53404
accordance with standards adopted by the state board of education.	53405

(F) When transportation of pupils is provided the conveyance	53406
shall be run on a time schedule that shall be adopted and put in	53407
force by the board not later than ten days after the beginning of	53408
the school term.	53409

The cost of any transportation service authorized by this	53410
section shall be paid first out of federal funds, if any,	53411
available for the purpose of pupil transportation, and secondly	53412
out of state appropriations, in accordance with regulations	53413
adopted by the state board of education.	53414

(G) No transportation of any pupils shall be provided by any	53415
board of education to or from any school which in the selection of	53416
pupils, faculty members, or employees, practices discrimination	53417
against any person on the grounds of race, color, religion, or	53418
national origin.	53419

(H) No transportation to or from school of pupils in grades	53420
kindergarten through five shall be provided by way of transit	53421
buses as defined in section 5735.01 of the Revised Code.	53422

Sec. 3327.02. (A) As used in this section:

53423

(1) "Community school" means a community school established	53424
under Chapter 3314. of the Revised Code.	53425

(2) "Parent" has the same meaning as in section 3313.98 of	53426
the Revised Code.	53427

(3) "Resident school district" means the city, exempted	53428
village, or local school district in which a student is entitled	53429
to attend school under section 3313.64 or 3313.65 of the Revised	53430
Code.	53431

(4) "School year" has the same meaning as in section 3313.62	53432
of the Revised Code.	53433

(5) "State education aid" has the same meaning as in section	53434
5751.20 of the Revised Code.	53435

(6) "STEM school" means a science, technology, engineering,	53436
and mathematics school established under Chapter 3326. of the	53437
Revised Code.	53438

(B) Beginning July 1, 2014, the board of education of a city,	53439
exempted village, or local school district is not required to	53440
provide transportation to and from school for a student attending	53441
one of the district's schools or a community school, STEM school,	53442
or nonpublic school under division (A) or (C) of section 3327.01	53443
of the Revised Code, if the student's parent or the student, if at	53444
least eighteen years old and no guardian or custodian is currently	53445
appointed for the student, opts instead to receive the subsidy	53446
prescribed by division (D) of this section. The parent or student	53447
may exercise that option on an annual basis by submitting an	53448
application to the department of education and by notifying the	53449
district board in accordance with procedures and deadlines	53450
prescribed by the department. The department shall prescribe	53451
deadlines for that application and notice so that the district	53452
board has sufficient time to take the exercise of the parent's or	53453
student's option into account when planning its transportation	53454
routes and schedules for the succeeding school year. The	53455
department shall not accept an application that is submitted after	53456
the deadline. The department shall award a subsidy as long as the	53457
parent or student complies with the application and notice	53458
procedures. The award shall be for one school year at a time and	53459
may be renewed if the parent or student again submits an	53460
application to the department and notice to the district board in	53461
accordance with the prescribed procedures and deadlines. The	53462
parent or student shall use the subsidy to pay the cost of the	53463
student's transportation to and from school for the entire school	53464
year.	53465

(C) The subsidy prescribed by this section is not available	53466
for any of the following:	53467

(1) A student attending a community school or nonpublic	53468
school that is more than thirty minutes of direct travel time, as	53469
measured by school bus, from the building of the student's	53470
resident school district to which the student would be assigned if	53471
attending school in the district, as provided in division (D) of	53472
section 3327.01 of the Revised Code;	53473

(2) A student attending a community school that either:

53474

(a) Has an agreement with the student's resident school	53475
district for the community school to transport students to that	53476
school under division (A) of section 3314.091 of the Revised Code;	53477

(b) Accepts responsibility to transport students to the	53478
school under division (B) of that section.	53479

(3) A student who attends a school district other than the	53480
student's resident school district under an open enrollment policy	53481
adopted in accordance with section 3313.98 of the Revised Code;	53482

(4) A student who attends school in a school district under	53483
division (I) of section 3313.64 of the Revised Code.	53484

(D) The amount of the subsidy awarded for each student under	53485
this section shall equal the lesser of the following:	53486

(1) The statewide average cost of pupil transportation for	53487
the previous school year;	53488

(2) The average cost of pupil transportation for the previous	53489
school year for the student's resident school district.	53490

The department shall pay that amount to the student's parent	53491
or the student, if at least eighteen years old and no guardian or	53492
custodian is currently appointed for the student, in quarterly	53493
periodic payments.	53494

(E) The department shall deduct the amount of each subsidy	53495
awarded for a student under this section from the state education	53496
aid of the student's resident school district and, if necessary,	53497
from that district's payments under sections 321.24 and 323.156 of	53498
the Revised Code.	53499

The department shall include the student in the calculation	53500
of the district's transportation payment under section 3317.0212	53501
of the Revised Code and the operating appropriations act.	53502

(F) This section has no effect on a school district's	53503
responsibility to transport a student to and from a	53504
college-preparatory boarding school established under Chapter	53505
3328. of the Revised Code.	53506

(G) The state board of education shall adopt rules under	53507
Chapter 119. of the Revised Code prescribing procedures necessary	53508
to implement this section.	53509

Sec. 3327.07. (A) The governing authority of a chartered	53510
nonpublic school that transports a student enrolled in the school	53511
to and from school may charge the parent or guardian of the	53512
student a fee for the transportation, if the governing authority	53513
purchased the vehicle that transports the student using no state	53514
or federal funds. The fee shall not exceed the per student cost of	53515
the transportation, as determined by the governing authority.	53516

(B) If the parent or guardian of a student who is enrolled in	53517
a chartered nonpublic school opts to receive the subsidy	53518
prescribed by section 3327.02 of the Revised Code, instead of	53519
transportation by a school district under section 3327.01 of the	53520
Revised Code, and the governing authority of the chartered	53521
nonpublic school transports the student to and from school in a	53522
vehicle that the governing authority purchased using no state or	53523
federal funds, the governing authority may charge the parent or	53524
guardian a fee for transportation.	53525

(C) The parent or guardian of a student who is enrolled in a	53526
chartered nonpublic school and is eligible for transportation by a	53527
school district under section 3327.01 of the Revised Code may	53528
decline that transportation and accept transportation from the	53529
chartered nonpublic school. The governing authority of a chartered	53530
nonpublic school may charge a fee under division (A) of this	53531
section regardless of whether a student is eligible for	53532
transportation under section 3327.01 of the Revised Code.	53533

(D) The offering by the governing authority of a chartered	53534
nonpublic school of transportation to and from the school does not	53535
relieve any school district board of education from any duty	53536
imposed by section 3327.01 of the Revised Code with respect to the	53537
chartered nonpublic school's students.	53538

Sec. 3328.27. The board of trustees of each	53539
college-preparatory boarding school shall comply with the	53540
standards for financial reporting adopted under division (B)(2) of	53541
section 3301.07 of the Revised Code.	53542

Sec. 3333.041. (A) On or before the last day of December of	53543
each year, the chancellor of the Ohio board of regents shall	53544
submit to the governor and, in accordance with section 101.68 of	53545
the Revised Code, the general assembly a report or reports	53546
concerning all of the following:	53547

(1) The status of graduates of Ohio school districts at state	53548
institutions of higher education during the twelve-month period	53549
ending on the thirtieth day of September of the current calendar	53550
year. The report shall list, by school district, the number of	53551
graduates of each school district who attended a state institution	53552
of higher education and the percentage of each district's	53553
graduates enrolled in a state institution of higher education	53554
during the reporting period who were required during such period	53555
by the college or university, as a prerequisite to enrolling in	53556
those courses generally required for first-year students, to	53557
enroll in a remedial course in English, including composition or	53558
reading, mathematics, and any other area designated by the	53559
chancellor. The chancellor also shall make the information	53560
described in division (A)(1) of this section available to the	53561
board of education of each city, exempted village, and local	53562
school district.	53563

Each state institution of higher education shall, by the	53564
first day of November of each year, submit to the chancellor in	53565
the form specified by the chancellor the information the	53566
chancellor requires to compile the report.	53567

(2) Aggregate academic growth data for students assigned to	53568
graduates of teacher preparation programs approved under section	53569
3333.048 of the Revised Code who teach English language arts or	53570
mathematics in any of grades four to eight in a public school in	53571
Ohio. For this purpose, the chancellor shall use the value-added	53572
progress dimension prescribed by section 3302.021 of the Revised	53573
Code or the alternative student academic progress measure if	53574
adopted under division (C)(1)(e) of section 3302.03 of the Revised	53575
Code. The chancellor shall aggregate the data by graduating class	53576
for each approved teacher preparation program, except that if a	53577
particular class has ten or fewer graduates to which this section	53578
applies, the chancellor shall report the data for a group of	53579
classes over a three-year period. In no case shall the report	53580
identify any individual graduate. The department of education	53581
shall share any data necessary for the report with the chancellor.	53582

(3) The following information with respect to the Ohio	53583
tuition trust authority:	53584

(a) The name of each investment manager that is a minority	53585
business enterprise or a women's business enterprise with which	53586
the chancellor contracts;	53587

(b) The amount of assets managed by investment managers that	53588
are minority business enterprises or women's business enterprises,	53589
expressed as a percentage of assets managed by investment managers	53590
with which the chancellor has contracted;	53591

(c) Efforts by the chancellor to increase utilization of	53592
investment managers that are minority business enterprises or	53593
women's business enterprises.	53594

(4) ~~The status of implementation of faculty improvement~~	53595
~~programs under section 3345.28 of the Revised Code. The report~~	53596
~~shall include, but need not be limited to, the following: the~~	53597
~~number of professional leave grants made by each institution; the~~	53598
~~purpose of each professional leave; and a statement of the cost to~~	53599
~~the institution of each professional leave, to the extent that the~~	53600
~~cost exceeds the salary of the faculty member on professional~~	53601
~~leave.~~	53602

~~(5) The number and types of biobased products purchased under~~	53603
~~section 125.092 of the Revised Code and the amount of money spent~~	53604
~~by state institutions of higher education for those biobased~~	53605
~~products as that information is provided to the chancellor under~~	53606
~~division (A) of section 3345.692 of the Revised Code.~~	53607

~~(6)~~ A description of dual enrollment programs, as defined in	53608
section 3313.6013 of the Revised Code, that are offered by school	53609
districts, community schools established under Chapter 3314. of	53610
the Revised Code, STEM schools established under Chapter 3326. of	53611
the Revised Code, college-preparatory boarding schools established	53612
under Chapter 3328. of the Revised Code, and chartered nonpublic	53613
high schools. The chancellor also shall post the information on	53614
the chancellor's web site.	53615

~~(7) The academic and economic impact of the Ohio innovation~~	53616
~~partnership established under section 3333.61 of the Revised Code.~~	53617
~~At a minimum, the report shall include the following:~~	53618

~~(a) Progress and performance metrics for each initiative that~~	53619
~~received an award in the previous fiscal year;~~	53620

~~(b) Economic indicators of the impact of each initiative, and~~	53621
~~all initiatives as a whole, on the regional economies and the~~	53622
~~statewide economy;~~	53623

~~(c)~~(5) The chancellor's strategy in assigning choose Ohio	53624
first scholarships, as established under section 3333.61 of the	53625
Revised Code, among state universities and colleges and how the	53626
actual awards fit that strategy.	53627

~~(8)~~(6) The academic and economic impact of the Ohio	53628
co-op/internship program established under section 3333.72 of the	53629
Revised Code. At a minimum, the report shall include the	53630
following:	53631

(a) Progress and performance metrics for each initiative that	53632
received an award in the previous fiscal year;	53633

(b) Economic indicators of the impact of each initiative, and	53634
all initiatives as a whole, on the regional economies and the	53635
statewide economy;	53636

(c) The chancellor's strategy in allocating awards among	53637
state institutions of higher education and how the actual awards	53638
fit that strategy.	53639

(B) As used in this section:

53640

(1) "Minority business enterprise" has the same meaning as in	53641
section 122.71 of the Revised Code.	53642

(2) "State institution of higher education" and "state	53643
university" have the same meanings as in section 3345.011 of the	53644
Revised Code.	53645

(3) "State university or college" has the same meaning as in	53646
section 3345.12 of the Revised Code.	53647

(4) "Women's business enterprise" means a business, or a	53648
partnership, corporation, limited liability company, or joint	53649
venture of any kind, that is owned and controlled by women who are	53650
United States citizens and residents of this state.	53651

Sec. 3333.049. No nonprofit institution that holds a	53652
certificate of authorization issued under Chapter 1713. of the	53653
Revised Code shall be liable for a breach of confidentiality	53654
arising from the institution's submission of student data or	53655
records to the board of regents or any other state agency in	53656
compliance with any law, rule, or regulation, provided that the	53657
breach occurs as a result of one of the following:	53658

(A) An action by a third party during and after the	53659
transmission of the data or records by the institution but prior	53660
to receipt of the data or records by the board of regents or other	53661
state agency;	53662

(B) An action by the board of regents or the state agency.

53663

This provision shall apply to the submission of any student	53664
data or records that are subject to any laws of this state or, to	53665
the extent permitted, any federal law, including the "Family	53666
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	53667
U.S.C. 1232g.	53668

Sec. 3333.124. There is hereby created in the state treasury	53669
the Ohio college opportunity grant program reserve fund. Not later	53670
than the first day of July of each fiscal year, the chancellor of	53671
the Ohio board of regents shall certify to the director of budget	53672
and management the unencumbered balance of the general revenue	53673
fund appropriations made in the immediately preceding fiscal year	53674
for purposes of the Ohio college opportunity grant program created	53675
in section 3333.122 of the Revised Code. Upon receipt of the	53676
certification, the director may transfer an amount not exceeding	53677
the certified amount from the general revenue fund to the Ohio	53678
college opportunity grant program reserve fund. Moneys in the Ohio	53679
college opportunity grant program reserve fund shall be used to	53680
pay grant obligations in excess of the general revenue fund	53681
appropriations made for that purpose.	53682

The director may transfer any unencumbered balance from the	53683
Ohio college opportunity grant program reserve fund to the general	53684
revenue fund.	53685

Sec. 3333.31. (A) For state subsidy and tuition surcharge	53686
purposes, status as a resident of Ohio shall be defined by the	53687
chancellor of the Ohio board of regents by rule promulgated	53688
pursuant to Chapter 119. of the Revised Code. No adjudication as	53689
to the status of any person under such rule, however, shall be	53690
required to be made pursuant to Chapter 119. of the Revised Code.	53691
The term "resident" for these purposes shall not be equated with	53692
the definition of that term as it is employed elsewhere under the	53693
laws of this state and other states, and shall not carry with it	53694
any of the legal connotations appurtenant thereto. Rather, except	53695
as provided in divisions (B) and (D) of this section, for such	53696
purposes, the rule promulgated under this section shall have the	53697
objective of excluding from treatment as residents those who are	53698
present in the state primarily for the purpose of attending a	53699
state-supported or state-assisted institution of higher education,	53700
and may prescribe presumptive rules, rebuttable or conclusive, as	53701
to such purpose based upon the source or sources of support of the	53702
student, residence prior to first enrollment, evidence of	53703
intention to remain in the state after completion of studies, or	53704
such other factors as the chancellor deems relevant.	53705

(B) The rules of the chancellor for determining student	53706
residency shall grant residency status to a veteran and to the	53707
veteran's spouse and any dependent of the veteran, if both of the	53708
following conditions are met:	53709

(1) The veteran either:

53710

(a) Served one or more years on active military duty and was	53711
honorably discharged or received a medical discharge that was	53712
related to the military service;	53713

(b) Was killed while serving on active military duty or has	53714
been declared to be missing in action or a prisoner of war.	53715

(2) If the veteran seeks residency status for tuition	53716
surcharge purposes, the veteran has established domicile in this	53717
state as of the first day of a term of enrollment in an	53718
institution of higher education. If the spouse or a dependent of	53719
the veteran seeks residency status for tuition surcharge purposes,	53720
the veteran and the spouse or dependent seeking residency status	53721
have established domicile in this state as of the first day of a	53722
term of enrollment in an institution of higher education, except	53723
that if the veteran was killed while serving on active military	53724
duty, has been declared to be missing in action or a prisoner of	53725
war, or is deceased after discharge, only the spouse or dependent	53726
seeking residency status shall be required to have established	53727
domicile in accordance with this division.	53728

(C) The rules of the chancellor for determining student	53729
residency shall not deny residency status to a student who is	53730
either a dependent child of a parent, or the spouse of a person	53731
who, as of the first day of a term of enrollment in an institution	53732
of higher education, has accepted full-time employment and	53733
established domicile in this state for reasons other than gaining	53734
the benefit of favorable tuition rates.	53735

Documentation of full-time employment and domicile shall	53736
include both of the following documents:	53737

(1) A sworn statement from the employer or the employer's	53738
representative on the letterhead of the employer or the employer's	53739
representative certifying that the parent or spouse of the student	53740
is employed full-time in Ohio;	53741

(2) A copy of the lease under which the parent or spouse is	53742
the lessee and occupant of rented residential property in the	53743
state, a copy of the closing statement on residential real	53744
property of which the parent or spouse is the owner and occupant	53745
in this state or, if the parent or spouse is not the lessee or	53746
owner of the residence in which the parent or spouse has	53747
established domicile, a letter from the owner of the residence	53748
certifying that the parent or spouse resides at that residence.	53749

Residency officers may also evaluate, in accordance with the	53750
chancellor's rule, requests for immediate residency status from	53751
dependent students whose parents are not living and whose domicile	53752
follows that of a legal guardian who has accepted full-time	53753
employment and established domicile in the state for reasons other	53754
than gaining the benefit of favorable tuition rates.	53755

(D)(1) The rules of the chancellor for determining student	53756
residency shall grant residency status to a person who, while a	53757
resident of this state for state subsidy and tuition surcharge	53758
purposes, graduated from a high school in this state or completed	53759
the final year of instruction at home as authorized under section	53760
3321.04 of the Revised Code, if the person enrolls in an	53761
institution of higher education and establishes domicile in this	53762
state, regardless of the student's residence prior to that	53763
enrollment.	53764

(2) The rules of the chancellor for determining student	53765
residency shall not grant residency status to an alien if the	53766
alien is not also an immigrant or a nonimmigrant.	53767

(E) The rules of the chancellor for determining student	53768
residency shall grant residency status to a student to whom a	53769
state institution of higher education issues a letter or utility	53770
bill for use as proof that the student is a qualified elector in	53771
this state.	53772

Nothing in division (E) of this section shall be used to	53773
grant residency to a student for any purpose other than for state	53774
subsidy and tuition surcharge purposes.	53775

(F) As used in this section:

53776

(1) "Dependent," "domicile," "institution of higher	53777
education," and "residency officer" have the meanings ascribed in	53778
the chancellor's rules adopted under this section.	53779

(2) "Alien" means a person who is not a United States citizen	53780
or a United States national.	53781

(3) "Immigrant" means an alien who has been granted the right	53782
by the United States bureau of citizenship and immigration	53783
services to reside permanently in the United States and to work	53784
without restrictions in the United States.	53785

(4) "Nonimmigrant" means an alien who has been granted the	53786
right by the United States bureau of citizenship and immigration	53787
services to reside temporarily in the United States.	53788

(5) "State institution of higher education" has the same	53789
meaning as in section 3345.011 of the Revised Code.	53790

Sec. 3333.342. (A) The chancellor of the Ohio board of	53791
regents may designate a "certificate of value" for a certificate	53792
program at any adult career-technical education institution or	53793
state institution of higher education, as defined under section	53794
3345.011 of the Revised Code, based on the standards adopted under	53795
division (B) of this section.	53796

(B) The chancellor shall develop standards for designation of	53797
the certificates of value for certificate programs at adult	53798
career-technical education institutions and state institutions of	53799
higher education. The standards shall include at least the	53800
following considerations:	53801

(1) The quality of the certificate program;

53802

(2) The ability to transfer agreed-upon technical courses	53803
completed through an adult career-technical education institution	53804
to a state institution of higher education without unnecessary	53805
duplication or institutional barriers;	53806

(3) The extent to which the certificate program encourages a	53807
student to obtain an associate's or bachelor's degree;	53808

(4) The extent to which the certificate program increases a	53809
student's likelihood to complete other certificate programs or an	53810
associate's or bachelor's degree;	53811

(5) The ability of the certificate program to meet the	53812
expectations of the workplace and higher education;	53813

(6) The extent to which the certificate program is aligned	53814
with the strengths of the regional economy;	53815

(7) The extent to which the certificate program increases the	53816
amount of individuals who remain in or enter the state's	53817
workforce;	53818

(8) The extent of a certificate program's relationship with	53819
private companies in the state to fill potential job growth.	53820

(C) The designation of a certificate of value under this	53821
section shall expire six years after its designation date.	53822

(D) The chancellor may revoke a designation prior to its	53823
expiration date if the chancellor determines that the program no	53824
longer complies with the standards developed under division (B) of	53825
this section.	53826

(E) Any revocation of a certificate of value under this	53827
section shall become effective one hundred eighty days after the	53828
date the revocation was declared by the chancellor.	53829

(F) Any adult career-technical education institution or state	53830
institution of higher education that desires to be eligible to	53831
receive a designation of certificate of value for one or more of	53832
its certificate programs shall comply with all records and data	53833
requests required by the chancellor.	53834

~~Sec. 3333.90.~~ Sec. 3333.59. (A) As used in this section:

53835

(1) "Allocated state share of instruction" means, for any	53836
fiscal year, the amount of the state share of instruction	53837
appropriated to the Ohio board of regents by the general assembly	53838
that is allocated to a community or technical college or community	53839
or technical college district for such fiscal year.	53840

(2) "Issuing authority" has the same meaning as in section	53841
154.01 of the Revised Code.	53842

(3) "Bond service charges" has the same meaning as in section	53843
154.01 of the Revised Code.	53844

(4) "Chancellor" means the chancellor of the Ohio board of	53845
regents.	53846

(5) "Community or technical college" or "college" means any	53847
of the following state-supported or state-assisted institutions of	53848
higher education:	53849

(a) A community college as defined in section 3354.01 of the	53850
Revised Code;	53851

(b) A technical college as defined in section 3357.01 of the	53852
Revised Code;	53853

(c) A state community college as defined in section 3358.01	53854
of the Revised Code.	53855

(6) "Community or technical college district" or "district"	53856
means any of the following institutions of higher education that	53857
are state-supported or state-assisted:	53858

(a) A community college district as defined in section	53859
3354.01 of the Revised Code;	53860

(b) A technical college district as defined in section	53861
3357.01 of the Revised Code;	53862

(c) A state community college district as defined in section	53863
3358.01 of the Revised Code.	53864

(7) "Credit enhancement facilities" has the same meaning as	53865
in section 133.01 of the Revised Code.	53866

(8) "Obligations" has the meaning as in section 154.01 or	53867
3345.12 of the Revised Code, as the context requires.	53868

(B) The board of trustees of any community or technical	53869
college district authorizing the issuance of obligations under	53870
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	53871
Revised Code, or for whose benefit and on whose behalf the issuing	53872
authority proposes to issue obligations under section 154.25 of	53873
the Revised Code, may adopt a resolution requesting the chancellor	53874
to enter into an agreement with the community or technical college	53875
district and the primary paying agent or fiscal agent for such	53876
obligations, providing for the withholding and deposit of funds	53877
otherwise due the district or the community or technical college	53878
it operates in respect of its allocated state share of	53879
instruction, for the payment of bond service charges on such	53880
obligations.	53881

The board of trustees shall deliver to the chancellor a copy	53882
of the resolution and any additional pertinent information the	53883
chancellor may require.	53884

The chancellor and the office of budget and management, and	53885
the issuing authority in the case of obligations to be issued by	53886
the issuing authority, shall evaluate each request received from a	53887
community or technical college district under this section. The	53888
chancellor, with the advice and consent of the director of budget	53889
and management and the issuing authority in the case of	53890
obligations to be issued by the issuing authority, shall approve	53891
each request if all of the following conditions are met:	53892

(1) Approval of the request will enhance the marketability of	53893
the obligations for which the request is made;	53894

(2) The chancellor and the office of budget and management,	53895
and the issuing authority in the case of obligations to be issued	53896
by the issuing authority, have no reason to believe the requesting	53897
community or technical college district or the community or	53898
technical college it operates will be unable to pay when due the	53899
bond service charges on the obligations for which the request is	53900
made, and bond service charges on those obligations are therefore	53901
not anticipated to be paid pursuant to this section from the	53902
allocated state share of instruction for purposes of Section 17 of	53903
Article VIII, Ohio Constitution.	53904

(3) Any other pertinent conditions established in rules	53905
adopted under division (H) of this section.	53906

(C) If the chancellor approves the request of a community or	53907
technical college district to withhold and deposit funds pursuant	53908
to this section, the chancellor shall enter into a written	53909
agreement with the district and the primary paying agent or fiscal	53910
agent for the obligations, which agreement shall provide for the	53911
withholding of funds pursuant to this section for the payment of	53912
bond service charges on those obligations. The agreement may also	53913
include both of the following:	53914

(1) Provisions for certification by the district to the	53915
chancellor, prior to the deadline for payment of the applicable	53916
bond service charges, whether the district and the community or	53917
technical college it operates are able to pay those bond service	53918
charges when due;	53919

(2) Requirements that the district or the community or	53920
technical college it operates deposits amounts for the payment of	53921
those bond service charges with the primary paying agent or fiscal	53922
agent for the obligations prior to the date on which the bond	53923
service charges are due to the owners or holders of the	53924
obligations.	53925

(D) Whenever a district or the community or technical college	53926
it operates notifies the chancellor that it will not be able to	53927
pay the bond service charges when they are due, subject to the	53928
withholding provisions of this section, or whenever the applicable	53929
paying agent or fiscal agent notifies the chancellor that it has	53930
not timely received from a district or from the college it	53931
operates the full amount needed for payment of the bond service	53932
charges when due to the holders or owners of such obligations, the	53933
chancellor shall immediately contact the district or college and	53934
the paying agent or fiscal agent to confirm that the district and	53935
the college are not able to make the required payment by the date	53936
on which it is due.	53937

If the chancellor confirms that the district and the college	53938
are not able to make the payment and the payment will not be made	53939
pursuant to a credit enhancement facility, the chancellor shall	53940
promptly pay to the applicable primary paying agent or fiscal	53941
agent the lesser of the amount due for bond service charges or the	53942
amount of the next periodic distribution scheduled to be made to	53943
the district or to the college in respect of its allocated state	53944
share of instruction. If this amount is insufficient to pay the	53945
total amount then due the agent for the payment of bond service	53946
charges, the chancellor shall continue to pay to the agent from	53947
each periodic distribution thereafter, and until the full amount	53948
due the agent for unpaid bond service charges is paid in full, the	53949
lesser of the remaining amount due the agent for bond service	53950
charges or the amount of the next periodic distribution scheduled	53951
to be made to the district or college in respect of its allocated	53952
state share of instruction.	53953

(E) The chancellor may make any payments under this section	53954
by direct deposit of funds by electronic transfer.	53955

Any amount received by a paying agent or fiscal agent under	53956
this section shall be applied only to the payment of bond service	53957
charges on the obligations of the community or technical college	53958
district or community or technical college subject to this section	53959
or to the reimbursement of the provider of a credit enhancement	53960
facility that has paid the bond service charges.	53961

(F) The chancellor may make payments under this section to	53962
paying agents or fiscal agents during any fiscal biennium of the	53963
state only from and to the extent that money is appropriated to	53964
the board of regents by the general assembly for distribution	53965
during such biennium for the state share of instruction and only	53966
to the extent that a portion of the state share of instruction has	53967
been allocated to the community or technical college district or	53968
community or technical college. Obligations of the issuing	53969
authority or of a community or technical college district to which	53970
this section is made applicable do not constitute an obligation or	53971
a debt or a pledge of the faith, credit, or taxing power of the	53972
state, and the holders or owners of those obligations have no	53973
right to have excises or taxes levied or appropriations made by	53974
the general assembly for the payment of bond service charges on	53975
the obligations, and the obligations shall contain a statement to	53976
that effect. The agreement for or the actual withholding and	53977
payment of money under this section does not constitute the	53978
assumption by the state of any debt of a community or technical	53979
college district or a community or technical college, and bond	53980
service charges on the related obligations are not anticipated to	53981
be paid from the state general revenue fund for purposes of	53982
Section 17 of Article VIII, Ohio Constitution.	53983

(G) In the case of obligations subject to the withholding	53984
provisions of this section, the issuing community or technical	53985
college district, or the issuing authority in the case of	53986
obligations issued by the issuing authority, shall appoint a	53987
paying agent or fiscal agent who is not an officer or employee of	53988
the district or college.	53989

(H) The chancellor, with the advice and consent of the office	53990
of budget and management, may adopt reasonable rules not	53991
inconsistent with this section for the implementation of this	53992
section to secure payment of bond service charges on obligations	53993
issued by a community or technical college district or by the	53994
issuing authority for the benefit of a community or technical	53995
college district or the community or technical college it	53996
operates. Those rules shall include criteria for the evaluation	53997
and approval or denial of community or technical college district	53998
requests for withholding under this section.	53999

(I) The authority granted by this section is in addition to	54000
and not a limitation on any other authorizations granted by or	54001
pursuant to law for the same or similar purposes.	54002

Sec. 3333.613. There is hereby created in the state treasury	54003
the choose Ohio first scholarship reserve fund. Not later than the	54004
first day of July of each fiscal year, the chancellor of the Ohio	54005
board of regents shall certify to the director of budget and	54006
management the unencumbered balance of the general revenue fund	54007
appropriations made in the immediately preceding fiscal year for	54008
purposes of the choose Ohio first scholarship program created in	54009
section 3333.61 of the Revised Code. Upon receipt of the	54010
certification, the director may transfer an amount not exceeding	54011
the certified amount from the general revenue fund to the choose	54012
Ohio first scholarship reserve fund. Moneys in the choose Ohio	54013
first scholarship reserve fund shall be used to pay scholarship	54014
obligations in excess of the general revenue fund appropriations	54015
made for that purpose.	54016

The director may transfer any unencumbered balance from the	54017
choose Ohio first scholarship reserve fund to the general revenue	54018
fund.	54019

Sec. 3333.82. (A) The chancellor of the Ohio board of	54020
regents shall establish a clearinghouse of interactive distance	54021
learning courses and other distance learning courses delivered via	54022
a computer-based method offered by school districts, community	54023
schools, STEM schools, state institutions of higher education,	54024
private colleges and universities, and other nonprofit and	54025
for-profit course providers for sharing with other school	54026
districts, community schools, STEM schools, state institutions of	54027
higher education, private colleges and universities, and	54028
individuals for the fee set pursuant to section 3333.84 of the	54029
Revised Code. The chancellor shall not be responsible for the	54030
content of courses offered through the clearinghouse; however, all	54031
such courses shall be delivered only in accordance with technical	54032
specifications approved by the chancellor and on a common	54033
statewide platform administered by the chancellor.	54034

The clearinghouse's distance learning program for students in	54035
grades kindergarten to twelve shall be based on the following	54036
principles:	54037

(1) All Ohio students shall have access to high quality	54038
distance learning courses at any point in their educational	54039
careers.	54040

(2) All students shall be able to customize their education	54041
using distance learning courses offered through the clearinghouse	54042
and no student shall be denied access to any course in the	54043
clearinghouse in which the student is eligible to enroll.	54044

(3) Students may take distance learning courses for all or	54045
any portion of their curriculum requirements and may utilize a	54046
combination of distance learning courses and courses taught in a	54047
traditional classroom setting.	54048

(4) Students may earn an unlimited number of academic credits	54049
through distance learning courses.	54050

(5) Students may take distance learning courses at any time	54051
of the calendar year.	54052

(6) Student advancement to higher coursework shall be based	54053
on a demonstration of subject area competency instead of	54054
completion of any particular number of hours of instruction.	54055

(B) To offer a course through the clearinghouse, a course	54056
provider shall apply to the chancellor in a form and manner	54057
prescribed by the chancellor. The application for each course	54058
shall describe the course of study in as much detail as required	54059
by the chancellor, whether an instructor is provided, the	54060
qualification and credentials of the instructor, the number of	54061
hours of instruction, and any other information required by the	54062
chancellor. The chancellor may require course providers to include	54063
in their applications information recommended by the state board	54064
of education under former section 3353.30 of the Revised Code.	54065

(C) The chancellor shall review the technical specifications	54066
of each application submitted under division (B) of this section.	54067
In reviewing applications, the chancellor may consult with the	54068
department of education; however, the responsibility to either	54069
approve or not approve a course for the clearinghouse belongs to	54070
the chancellor. The chancellor may request additional information	54071
from a course provider that submits an application under division	54072
(B) of this section, if the chancellor determines that such	54073
information is necessary. The chancellor may negotiate changes in	54074
the proposal to offer a course, if the chancellor determines that	54075
changes are necessary in order to approve the course.	54076

(D) The chancellor shall catalog each course approved for the	54077
clearinghouse, through a print or electronic medium, displaying	54078
the following:	54079

(1) Information necessary for a student and the student's	54080
parent, guardian, or custodian and the student's school district,	54081
community school, STEM school, college, or university to decide	54082
whether to enroll in or subscribe to the course;	54083

(2) Instructions for enrolling in that course, including	54084
deadlines for enrollment.	54085

(E) Any expenses related to the installation of a course into	54086
the common statewide platform shall be borne by the course	54087
provider.	54088

(F) ~~The eTech Ohio commission, in consultation with the~~	54089
~~chancellor and the state board~~, shall distribute information to	54090
students and parents describing the clearinghouse. The information	54091
shall be provided in an easily understandable formatThe	54092
chancellor may contract with an entity to perform any or all of	54093
the chancellor's duties under sections 3333.81 to 3333.88 of the	54094
Revised Code.	54095

Sec. 3335.35. There is hereby created the ~~"Ohio cooperative~~	54096
OSU extension ~~service~~ fund," which shall be under the custody and	54097
control of the board of trustees of the Ohio state university and	54098
shall consist of all moneys appropriated, given, granted, or	54099
bequeathed to the university for the use of ~~the Ohio cooperative~~	54100
OSU extension ~~service~~ by the United States, this state, any	54101
political subdivision of this state, or any person. The board	54102
shall have responsibility for expenditure of all moneys in the	54103
fund in accordance with state and federal law and memoranda of	54104
agreement between the university and the United States department	54105
of agriculture.	54106

Sec. 3335.36. The board of trustees of the Ohio state	54107
university may employ such employees as it considers appropriate	54108
for the conduct of educational programs of ~~the Ohio cooperative~~	54109
OSU extension ~~service~~ and may provide for the payment from the	54110
~~Ohio cooperative~~OSU extension ~~service~~ fund created by section	54111
3335.35 of the Revised Code of reasonable compensation to such	54112
employees and of reasonable expenses incurred by them in the	54113
discharge of their duties, including expenses of travel and of	54114
maintaining, equipping, and supplying their offices.	54115

The employees shall cooperate with the department of	54116
agriculture, the Ohio agricultural research and development	54117
center, the department of education, and the United States	54118
department of agriculture, for the purpose of making available the	54119
educational materials of ~~the~~OSU extension ~~service~~. ~~Such~~The	54120
employees shall represent the university and shall conduct	54121
educational activities related to agriculture, natural resources,	54122
~~home economics~~community development, family ~~living~~and consumer	54123
sciences, and 4-H programs for the citizens of this state through	54124
personal instruction, bulletins, practical demonstrations, mass	54125
media, and otherwise, subject to such rules as may be prescribed	54126
by the board of trustees of the university. ~~Such~~The employees	54127
shall have offices provided by the county or other political	54128
subdivision in which they serve in which bulletins and other	54129
educational materials of value to the people may be consulted and	54130
through which the employees may be reached.	54131

The board of trustees of the Ohio state university may hire	54132
or use employees of ~~the Ohio cooperative~~OSU extension ~~service~~ to	54133
carry out the functions and duties of a director of economic	54134
development under division (B) of section 307.07 of the Revised	54135
Code pursuant to any agreement with a county under division (A)(2)	54136
of section 307.07 of the Revised Code.	54137

Sec. 3335.37. The board of county commissioners of any	54138
county may levy a tax, within the limitations prescribed by law,	54139
and appropriate money from the proceeds thereof or from the	54140
general fund of the county to be paid to the Ohio state university	54141
to the credit of the ~~Ohio cooperative~~OSU extension ~~service~~ fund	54142
created by section 3335.35 of the Revised Code and expended for	54143
the purposes prescribed in section 3335.36 of the Revised Code for	54144
the benefit of the citizens of ~~such~~that county. Any money paid	54145
into the fund under this section that aggregates more than ten per	54146
cent of the county appropriation in the preceding year and that	54147
remains unexpended for two years from the time of ~~such~~the payment	54148
shall be returned to the county from which it came unless the	54149
board of county commissioners determines by resolution to	54150
contribute it to ~~the Ohio cooperative~~OSU extension ~~service~~ for	54151
general purposes.	54152

Sec. 3335.38. The board of trustees of the Ohio state	54153
university shall establish a farm financial management institute	54154
in ~~the Ohio cooperative~~OSU extension ~~service~~ to train interested	54155
and qualified persons to assist farmers needing help with farm	54156
financial management problems.	54157

Participation shall be open to all interested persons, but	54158
the following persons shall be given priority as to enrollment:	54159
employees or representatives of banks and other farm credit	54160
agencies, agricultural teachers, and faculty and employees of the	54161
Ohio state university and ~~the Ohio cooperative~~OSU extension	54162
~~service~~ who agree to assist Ohio farmers in completing and	54163
understanding the coordinated financial statement and other	54164
subjects. A fee may be charged participants, as determined by ~~the~~	54165
OSU extension ~~service~~, but may be waived for those participants	54166
granted priority status at enrollment.	54167

Sec. 3345.05. (A) All registration fees, nonresident tuition	54168
fees, academic fees for the support of off-campus instruction,	54169
laboratory and course fees when so assessed and collected, student	54170
health fees for the support of a student health service, all other	54171
fees, deposits, charges, receipts, and income from all or part of	54172
the students, all subsidy or other payments from state	54173
appropriations, and all other fees, deposits, charges, receipts,	54174
income, and revenue received by each state institution of higher	54175
education, the Ohio state university hospitals and their ancillary	54176
facilities, the Ohio agricultural research and development center,	54177
and ~~the Ohio state university cooperative~~OSU extension ~~service~~	54178
shall be held and administered by the respective boards of	54179
trustees of the state institution of higher education; provided,	54180
that such fees, deposits, charges, receipts, income and revenue,	54181
to the extent required by resolutions, trust agreements,	54182
indentures, leases, and agreements adopted, made, or entered into	54183
under Chapter 154. or section 3345.07, 3345.11, or 3345.12 of the	54184
Revised Code, shall be held, administered, transferred, and	54185
applied in accordance therewith.	54186

(B) The Ohio board of regents shall require annual reporting	54187
by the Ohio agricultural research and development center and by	54188
each university and college receiving state aid in such form and	54189
detail as determined by the board in consultation with such	54190
center, universities and colleges, and the director of budget and	54191
management.	54192

(C) Notwithstanding any provision of the Revised Code to the	54193
contrary, the title to investments made by the board of trustees	54194
of a state institution of higher education with funds derived from	54195
any of the sources described in division (A) of this section shall	54196
not be vested in the state or the political subdivision but shall	54197
be held in trust by the board. Such investments shall be made	54198
pursuant to an investment policy adopted by the board in public	54199
session that requires all fiduciaries to discharge their duties	54200
with the care, skill, prudence, and diligence under the	54201
circumstances then prevailing that a prudent person acting in like	54202
capacity and familiar with such matters would use in the conduct	54203
of an enterprise of a like character and with like aims. The	54204
policy also shall require at least the following:	54205

(1) A stipulation that investment of at least twenty-five per	54206
cent of the average amount of the investment portfolio over the	54207
course of the previous fiscal year be invested in securities of	54208
the United States government or of its agencies or	54209
instrumentalities, the treasurer of state's pooled investment	54210
program, obligations of this state or any political subdivision of	54211
this state, certificates of deposit of any national bank located	54212
in this state, written repurchase agreements with any eligible	54213
Ohio financial institution that is a member of the federal reserve	54214
system or federal home loan bank, money market funds, or bankers	54215
acceptances maturing in two hundred seventy days or less which are	54216
eligible for purchase by the federal reserve system, as a reserve;	54217

(2) Eligible funds above those that meet the conditions of	54218
division (C)(1) of this section may be pooled with other	54219
institutional funds and invested in accordance with section	54220
1715.52 of the Revised Code.	54221

(3) The establishment of an investment committee.

54222

(D) The investment committee established under division	54223
(C)(3) of this section shall meet at least quarterly. The	54224
committee shall review and recommend revisions to the board's	54225
investment policy and shall advise the board on its investments	54226
made under division (C) of this section in an effort to assist it	54227
in meeting its obligations as a fiduciary as described in division	54228
(C) of this section. The committee shall be authorized to retain	54229
the services of an investment advisor who meets both of the	54230
following qualifications:	54231

(1) The advisor is either:

54232

(a) Licensed by the division of securities under section	54233
1707.141 of the Revised Code;	54234

(b) Registered with the securities and exchange commission.

54235

(2) The advisor either:

54236

(a) Has experience in the management of investments of public	54237
funds, especially in the investment of state-government investment	54238
portfolios;	54239

(b) Is an eligible institution referenced in section 135.03	54240
of the Revised Code.	54241

(E) As used in this section, "state institution of higher	54242
education" means a state institution of higher education as	54243
defined in section 3345.011 of the Revised Code.	54244

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	54245
section, a graduate of the twelfth grade shall be entitled to	54246
admission without examination to any college or university which	54247
is supported wholly or in part by the state, but for unconditional	54248
admission may be required to complete such units not included in	54249
the graduate's high school course as may be prescribed, not less	54250
than two years prior to the graduate's entrance, by the faculty of	54251
the institution.	54252

(B) Beginning with the 2014-2015 academic year, each state	54253
university listed in section 3345.011 of the Revised Code, except	54254
for Central state university, Shawnee state university, and	54255
Youngstown state university, shall permit a resident of this state	54256
who entered ninth grade for the first time on or after July 1,	54257
2010, to begin undergraduate coursework at the university only if	54258
the person has successfully completed the Ohio core curriculum for	54259
high school graduation prescribed in division (C) of section	54260
3313.603 of the Revised Code, unless one of the following applies:	54261

(1) The person has earned at least ten semester hours, or the	54262
equivalent, at a community college, state community college,	54263
university branch, technical college, or another post-secondary	54264
institution except a state university to which division (B) of	54265
this section applies, in courses that are college-credit-bearing	54266
and may be applied toward the requirements for a degree. The	54267
university shall grant credit for successful completion of those	54268
courses pursuant to any applicable articulation and transfer	54269
policy of the Ohio board of regents or any agreements the	54270
university has entered into in accordance with policies and	54271
procedures adopted under section 3333.16, 3313.161, or 3333.162 of	54272
the Revised Code. The university may count college credit that the	54273
student earned while in high school through the post-secondary	54274
enrollment options program under Chapter 3365. of the Revised	54275
Code, or through other dual enrollment programs, toward the	54276
requirements of division (B)(1) of this section if the credit may	54277
be applied toward a degree.	54278

(2) The person qualified to graduate from high school under	54279
division (D) or (F) of section 3313.603 of the Revised Code and	54280
has successfully completed the topics or courses that the person	54281
lacked to graduate under division (C) of that section at any	54282
post-secondary institution or at a summer program at the state	54283
university. A state university may admit a person for enrollment	54284
contingent upon completion of such topics or courses or summer	54285
program.	54286

(3) The person met the high school graduation requirements by	54287
successfully completing the person's individualized education	54288
program developed under section 3323.08 of the Revised Code.	54289

~~(3)~~(4) The person is receiving or has completed the final	54290
year of instruction at home as authorized under section 3321.04 of	54291
the Revised Code, or has graduated from a nonchartered, nonpublic	54292
school in Ohio, and demonstrates mastery of the academic content	54293
and skills in reading, writing, and mathematics needed to	54294
successfully complete introductory level coursework at an	54295
institution of higher education and to avoid remedial coursework.	54296

~~(4)~~(5) The person is a high school student participating in	54297
the post-secondary enrollment options program under Chapter 3365.	54298
of the Revised Code or another dual enrollment program.	54299

(C) A state university subject to division (B) of this	54300
section may delay admission for or admit conditionally an	54301
undergraduate student who has successfully completed the Ohio core	54302
curriculum if the university determines the student requires	54303
academic remedial or developmental coursework. The university may	54304
delay admission pending, or make admission conditional upon, the	54305
student's successful completion of the academic remedial or	54306
developmental coursework at a university branch, community	54307
college, state community college, or technical college.	54308

(D) This section does not deny the right of a college of law,	54309
medicine, or other specialized education to require college	54310
training for admission, or the right of a department of music or	54311
other art to require particular preliminary training or talent.	54312

Sec. 3345.12. (A) As used in this section and sections	54313
3345.07 and 3345.11 of the Revised Code, in other sections of the	54314
Revised Code that make reference to this section unless the	54315
context does not permit, and in related bond proceedings unless	54316
otherwise expressly provided:	54317

(1) "State university or college" means each of the state	54318
universities identified in section 3345.011 of the Revised Code	54319
and the northeast Ohio medical university, and includes its board	54320
of trustees.	54321

(2) "Institution of higher education" or "institution" means	54322
a state university or college, or a community college district,	54323
technical college district, university branch district, or state	54324
community college, and includes the applicable board of trustees	54325
or, in the case of a university branch district, any other	54326
managing authority.	54327

(3) "Housing and dining facilities" means buildings,	54328
structures, and other improvements, and equipment, real estate,	54329
and interests in real estate therefor, to be used for or in	54330
connection with dormitories or other living quarters and	54331
accommodations, or related dining halls or other food service and	54332
preparation facilities, for students, members of the faculty,	54333
officers, or employees of the institution of higher education, and	54334
their spouses and families.	54335

(4) "Auxiliary facilities" means buildings, structures, and	54336
other improvements, and equipment, real estate, and interests in	54337
real estate therefor, to be used for or in connection with student	54338
activity or student service facilities, housing and dining	54339
facilities, dining halls, and other food service and preparation	54340
facilities, vehicular parking facilities, bookstores, athletic and	54341
recreational facilities, faculty centers, auditoriums, assembly	54342
and exhibition halls, hospitals, infirmaries and other medical and	54343
health facilities, research, and continuing education facilities.	54344

(5) "Education facilities" means buildings, structures, and	54345
other improvements, and equipment, real estate, and interests in	54346
real estate therefor, to be used for or in connection with,	54347
classrooms or other instructional facilities, libraries,	54348
administrative and office facilities, and other facilities, other	54349
than auxiliary facilities, to be used directly or indirectly for	54350
or in connection with the conduct of the institution of higher	54351
education.	54352

(6) "Facilities" means housing and dining facilities,	54353
auxiliary facilities, or education facilities, and includes any	54354
one, part of, or any combination of such facilities, and further	54355
includes site improvements, utilities, machinery, furnishings, and	54356
any separate or connected buildings, structures, improvements,	54357
sites, open space and green space areas, utilities or equipment to	54358
be used in, or in connection with the operation or maintenance of,	54359
or supplementing or otherwise related to the services or	54360
facilities to be provided by, such facilities.	54361

(7) "Obligations" means bonds or notes or other evidences of	54362
obligation, including interest coupons pertaining thereto,	54363
authorized to be issued under this section or section 3345.07,	54364
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	54365
Code.	54366

(8) "Bond service charges" means principal, including any	54367
mandatory sinking fund or redemption requirements for the	54368
retirement of obligations or assurances, interest, or interest	54369
equivalent and other accreted amounts, and any call premium	54370
required to be paid on obligations or assurances.	54371

(9) "Bond proceedings" means the resolutions, trust	54372
agreement, indenture, and other agreements and credit enhancement	54373
facilities, and amendments and supplements to the foregoing, or	54374
any one or more or combination thereof, authorizing, awarding, or	54375
providing for the terms and conditions applicable to, or providing	54376
for the security or liquidity of, obligations or assurances, and	54377
the provisions contained in those obligations or assurances.	54378

(10) "Costs of facilities" means the costs of acquiring,	54379
constructing, reconstructing, rehabilitating, remodeling,	54380
renovating, enlarging, improving, equipping, or furnishing	54381
facilities, and the financing thereof, including the cost of	54382
clearance and preparation of the site and of any land to be used	54383
in connection with facilities, the cost of any indemnity and	54384
surety bonds and premiums on insurance, all related direct	54385
administrative expenses and allocable portions of direct costs of	54386
the institution of higher education or state agency, cost of	54387
engineering, architectural services, design, plans, specifications	54388
and surveys, estimates of cost, legal fees, fees and expenses of	54389
trustees, depositories, bond registrars, and paying agents for the	54390
obligations, cost of issuance of the obligations and financing	54391
costs and fees and expenses of financial advisers and consultants	54392
in connection therewith, interest on the obligations from the date	54393
thereof to the time when interest is to be covered by available	54394
receipts or other sources other than proceeds of the obligations,	54395
amounts necessary to establish reserves as required by the bond	54396
proceedings, costs of audits, the reimbursements of all moneys	54397
advanced or applied by or borrowed from the institution or others,	54398
from whatever source provided, including any temporary advances	54399
from state appropriations, for the payment of any item or items of	54400
cost of facilities, and all other expenses necessary or incident	54401
to planning or determining feasibility or practicability with	54402
respect to facilities, and such other expenses as may be necessary	54403
or incident to the acquisition, construction, reconstruction,	54404
rehabilitation, remodeling, renovation, enlargement, improvement,	54405
equipment, and furnishing of facilities, the financing thereof and	54406
the placing of them in use and operation, including any one, part	54407
of, or combination of such classes of costs and expenses.	54408

(11) "Available receipts" means all moneys received by the	54409
institution of higher education, including income, revenues, and	54410
receipts from the operation, ownership, or control of facilities	54411
or entrepreneurial projects, grants, gifts, donations, and pledges	54412
and receipts therefrom, receipts from fees and charges, and the	54413
proceeds of the sale of obligations or assurances, including	54414
proceeds of obligations or assurances issued to refund obligations	54415
or assurances previously issued, but excluding any special fee,	54416
and receipts therefrom, charged pursuant to division (D) of	54417
section 154.21 of the Revised Code.	54418

(12) "Credit enhancement facilities" has the meaning given in	54419
division (H) of section 133.01 of the Revised Code.	54420

(13) "Financing costs" has the meaning given in division (K)	54421
of section 133.01 of the Revised Code.	54422

(14) "Interest" or "interest equivalent" has the meaning	54423
given in division (R) of section 133.01 of the Revised Code.	54424

(15) "Assurances" means bonds, notes, or other evidence of	54425
indebtedness, including interest coupons pertaining thereto,	54426
authorized to be issued under section 3345.36 of the Revised Code.	54427

(16) "Entrepreneurial project" has the same meaning as in	54428
section 3345.36 of the Revised Code.	54429

(17) "Costs of entrepreneurial projects" means any costs	54430
related to the establishment or development of entrepreneurial	54431
projects pursuant to a resolution adopted under section 3345.36 of	54432
the Revised Code.	54433

(B) Obligations issued under section 3345.07 or 3345.11 of	54434
the Revised Code by a state university or college shall be	54435
authorized by resolution of its board of trustees. Obligations	54436
issued by any other institution of higher education shall be	54437
authorized by resolution of its board of trustees, or managing	54438
directors in the case of certain university branch districts, as	54439
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	54440
apply to obligations and assurances. Obligations and assurances	54441
may be issued to pay costs of facilities or entrepreneurial	54442
projects even if the institution anticipates the possibility of a	54443
future state appropriation to pay all or a portion of such costs.	54444

(C) Obligations and assurances shall be secured by a pledge	54445
of and lien on all or such part of the available receipts of the	54446
institution of higher education as it provides for in the bond	54447
proceedings, excluding moneys raised by taxation and state	54448
appropriations except as permitted by section ~~3333.90~~3333.59 of	54449
the Revised Code. Such pledge and lien may be made prior to all	54450
other expenses, claims, or payments, excepting any pledge of such	54451
available receipts previously made to the contrary and except as	54452
provided by any existing restrictions on the use thereof, or such	54453
pledge and lien may be made subordinate to such other expenses,	54454
claims, or payments, as provided in the bond proceedings.	54455
Obligations or assurances may be additionally secured by covenants	54456
of the institution to make, fix, adjust, collect, and apply such	54457
charges, rates, fees, rentals, and other items of available	54458
receipts as will produce pledged available receipts sufficient to	54459
meet bond service charges, reserve, and other requirements	54460
provided for in the bond proceedings. Notwithstanding this and any	54461
other sections of the Revised Code, the holders or owners of the	54462
obligations or assurances shall not be given the right and shall	54463
have no right to have excises or taxes levied by the general	54464
assembly for the payment of bond service charges thereon, and each	54465
such obligation or assurance shall bear on its face a statement to	54466
that effect and to the effect that the right to such payment is	54467
limited to the available receipts and special funds pledged to	54468
such purpose under the bond proceedings.	54469

All pledged available receipts and funds and the proceeds of	54470
obligations or assurances are trust funds and, subject to the	54471
provisions of this section and the applicable bond proceedings,	54472
shall be held, deposited, invested, reinvested, disbursed,	54473
applied, and used to such extent, in such manner, at such times,	54474
and for such purposes, as are provided in the bond proceedings.	54475

(D) The bond proceedings for obligations or assurances shall	54476
provide for the purpose thereof and the principal amount or	54477
maximum principal amount, and provide for or authorize the manner	54478
of determining the principal maturity or maturities, the sale	54479
price including any permitted discount, the interest rate or	54480
rates, which may be a variable rate or rates, or the maximum	54481
interest rate, the date of the obligations or assurances and the	54482
date or dates of payment of interest thereon, their denominations,	54483
the manner of sale thereof, and the establishment within or	54484
without the state of a place or places of payment of bond service	54485
charges. The bond proceedings also shall provide for a pledge of	54486
and lien on available receipts of the institution of higher	54487
education as provided in division (C) of this section, and a	54488
pledge of and lien on such fund or funds provided in the bond	54489
proceedings arising from available receipts, which pledges and	54490
liens may provide for parity with obligations or assurances	54491
theretofore or thereafter issued by the institution. The available	54492
receipts so pledged and thereafter received by the institution and	54493
the funds so pledged are immediately subject to the lien of such	54494
pledge without any physical delivery thereof or further act, and	54495
the lien of any such pledge is valid and binding against all	54496
parties having claims of any kind against the institution,	54497
irrespective of whether such parties have notice thereof, and	54498
shall create a perfected security interest for all purposes of	54499
Chapter 1309. of the Revised Code, without the necessity for	54500
separation or delivery of funds or for the filing or recording of	54501
the bond proceedings by which such pledge is created or any	54502
certificate, statement, or other document with respect thereto;	54503
and the pledge of such available receipts and funds shall be	54504
effective and the money therefrom and thereof may be applied to	54505
the purposes for which pledged without necessity for any act of	54506
appropriation.	54507

(E) The bond proceedings may contain additional provisions	54508
customary or appropriate to the financing or to the obligations or	54509
assurances or to particular obligations and assurances, including:	54510

(1) The acquisition, construction, reconstruction, equipment,	54511
furnishing, improvement, operation, alteration, enlargement,	54512
maintenance, insurance, and repair of facilities or	54513
entrepreneurial projects, and the duties of the institution of	54514
higher education with reference thereto;	54515

(2) The terms of the obligations or assurances, including	54516
provisions for their redemption prior to maturity at the option of	54517
the institution of higher education at such price or prices and	54518
under such terms and conditions as are provided in the bond	54519
proceedings;	54520

(3) Limitations on the purposes to which the proceeds of the	54521
obligations or assurances may be applied;	54522

(4) The rates or rentals or other charges for the use of or	54523
right to use the facilities or entrepreneurial projects financed	54524
by the obligations or assurances, or other properties the revenues	54525
or receipts from which are pledged to the obligations or	54526
assurances, and rules for assuring any applicable use and	54527
occupancy thereof, including limitations upon the right to modify	54528
such rates, rentals, other charges, or regulations;	54529

(5) The use and expenditure of the pledged available receipts	54530
in such manner and to such extent as shall be determined, which	54531
may include provision for the payment of the expenses of	54532
operation, maintenance, and repair of facilities or	54533
entrepreneurial projects so that such expenses, or part thereof,	54534
shall be paid or provided as a charge prior or subsequent to the	54535
payment of bond service charges and any other payments required to	54536
be made by the bond proceedings;	54537

(6) Limitations on the issuance of additional obligations or	54538
assurances;	54539

(7) The terms of any trust agreement or indenture securing	54540
the obligations or assurances or under which the same may be	54541
issued;	54542

(8) The deposit, investment, and application of funds, and	54543
the safeguarding of funds on hand or on deposit without regard to	54544
Chapter 131. or 135. of the Revised Code, and any bank or trust	54545
company or other financial institution that acts as depository of	54546
any moneys under the bond proceedings shall furnish such	54547
indemnifying bonds or pledge such securities as required by the	54548
bond proceedings or otherwise by the institution of higher	54549
education;	54550

(9) The binding effect of any or every provision of the bond	54551
proceedings upon such officer, board, commission, authority,	54552
agency, department, or other person or body as may from time to	54553
time have the authority under law to take such actions as may be	54554
necessary to perform all or any part of the duty required by such	54555
provision;	54556

(10) Any provision that may be made in a trust agreement or	54557
indenture;	54558

(11) Any other or additional agreements with respect to the	54559
facilities of the institution of higher education or its	54560
entrepreneurial projects, their operation, the available receipts	54561
and funds pledged, and insurance of facilities or entrepreneurial	54562
projects and of the institution, its officers and employees.	54563

(F) Such obligations or assurances may have the seal of the	54564
institution of higher education or a facsimile thereof affixed	54565
thereto or printed thereon and shall be executed by such officers	54566
as are designated in the bond proceedings, which execution may be	54567
by facsimile signatures. Any obligations or assurances may be	54568
executed by an officer who, on the date of execution, is the	54569
proper officer although on the date of such obligations or	54570
assurances such person was not the proper officer. In case any	54571
officer whose signature or a facsimile of whose signature appears	54572
on any such obligation or assurance ceases to be such officer	54573
before delivery thereof, such signature or facsimile is	54574
nevertheless valid and sufficient for all purposes as if the	54575
person had remained such officer until such delivery; and in case	54576
the seal of the institution has been changed after a facsimile of	54577
the seal has been imprinted on such obligations or assurances,	54578
such facsimile seal continues to be sufficient as to such	54579
obligations or assurances and obligations or assurances issued in	54580
substitution or exchange therefor.	54581

(G) All such obligations or assurances are negotiable	54582
instruments and securities under Chapter 1308. of the Revised	54583
Code, subject to the provisions of the bond proceedings as to	54584
registration. The obligations or assurances may be issued in	54585
coupon or in registered form, or both. Provision may be made for	54586
the registration of any obligations or assurances with coupons	54587
attached thereto as to principal alone or as to both principal and	54588
interest, their exchange for obligations or assurances so	54589
registered, and for the conversion or reconversion into	54590
obligations or assurances with coupons attached thereto of any	54591
obligations or assurances registered as to both principal and	54592
interest, and for reasonable charges for such registration,	54593
exchange, conversion, and reconversion.	54594

(H) Pending preparation of definitive obligations or	54595
assurances, the institution of higher education may issue interim	54596
receipts or certificates which shall be exchanged for such	54597
definitive obligations or assurances.	54598

(I) Such obligations or assurances may be secured	54599
additionally by a trust agreement or indenture between the	54600
institution of higher education and a corporate trustee, which may	54601
be any trust company or bank having the powers of a trust company	54602
within or without this state but authorized to exercise trust	54603
powers within this state. Any such agreement or indenture may	54604
contain the resolution authorizing the issuance of the obligations	54605
or assurances, any provisions that may be contained in the bond	54606
proceedings as authorized by this section, and other provisions	54607
which are customary or appropriate in an agreement or indenture of	54608
such type, including:	54609

(1) Maintenance of each pledge, trust agreement, and	54610
indenture, or other instrument comprising part of the bond	54611
proceedings until the institution of higher education has fully	54612
paid the bond service charges on the obligations or assurances	54613
secured thereby, or provision therefor has been made;	54614

(2) In the event of default in any payments required to be	54615
made by the bond proceedings, or any other agreement of the	54616
institution of higher education made as a part of the contract	54617
under which the obligations or assurances were issued, enforcement	54618
of such payments or agreement by mandamus, the appointment of a	54619
receiver, suit in equity, action at law, or any combination of the	54620
foregoing;	54621

(3) The rights and remedies of the holders of obligations or	54622
assurances and of the trustee, and provisions for protecting and	54623
enforcing them, including limitations on rights of individual	54624
holders of obligations or assurances;	54625

(4) The replacement of any obligations or assurances that	54626
become mutilated or are destroyed, lost, or stolen;	54627

(5) Such other provisions as the trustee and the institution	54628
of higher education agree upon, including limitations, conditions,	54629
or qualifications relating to any of the foregoing.	54630

(J) Each duty of the institution of higher education and its	54631
officers or employees, undertaken pursuant to the bond proceedings	54632
or any related agreement or lease made under authority of law, is	54633
hereby established as a duty of such institution, and of each such	54634
officer or employee having authority to perform such duty,	54635
specially enjoined by law resulting from an office, trust, or	54636
station within the meaning of section 2731.01 of the Revised Code.	54637
The persons who are at the time the members of the board of	54638
trustees or the managing directors of the institution or its	54639
officers or employees are not liable in their personal capacities	54640
on such obligations or assurances, or lease, or other agreement of	54641
the institution.	54642

(K) The authority to issue obligations or assurances includes	54643
authority to:	54644

(1) Issue obligations or assurances in the form of bond	54645
anticipation notes and to renew them from time to time by the	54646
issuance of new notes. Such notes are payable solely from the	54647
available receipts and funds that may be pledged to the payment of	54648
such bonds, or from the proceeds of such bonds or renewal notes,	54649
or both, as the institution of higher education provides in its	54650
resolution authorizing such notes. Such notes may be additionally	54651
secured by covenants of the institution to the effect that it will	54652
do such or all things necessary for the issuance of such bonds or	54653
renewal notes in appropriate amount, and either exchange such	54654
bonds or renewal notes therefor or apply the proceeds thereof to	54655
the extent necessary, to make full payment of the bond service	54656
charges on such notes at the time or times contemplated, as	54657
provided in such resolution. Subject to the provisions of this	54658
division, all references to obligations or assurances in this	54659
section apply to such anticipation notes.	54660

(2) Issue obligations or assurances to refund, including	54661
funding and retirement of, obligations or assurances previously	54662
issued to pay costs of facilities or entrepreneurial projects.	54663
Such obligations or assurances may be issued in amounts sufficient	54664
for payment of the principal amount of the obligations or	54665
assurances to be so refunded, any redemption premiums thereon,	54666
principal maturities of any obligations or assurances maturing	54667
prior to the redemption of any other obligations or assurances on	54668
a parity therewith to be so refunded, interest accrued or to	54669
accrue to the maturity date or dates of redemption of such	54670
obligations or assurances, and any expenses incurred or to be	54671
incurred in connection with such refunding or the issuance of the	54672
obligations or assurances.	54673

(L) Obligations and assurances are lawful investments for	54674
banks, societies for savings, savings and loan associations,	54675
deposit guarantee associations, trust companies, trustees,	54676
fiduciaries, insurance companies, including domestic for life and	54677
domestic not for life, trustees or other officers having charge of	54678
sinking and bond retirement or other special funds of political	54679
subdivisions and taxing districts of this state, the commissioners	54680
of the sinking fund, the administrator of workers' compensation in	54681
accordance with the investment policy approved by the bureau of	54682
workers' compensation board of directors pursuant to section	54683
4121.12 of the Revised Code, the state teachers retirement system,	54684
the public employees retirement system, the school employees	54685
retirement system, and the Ohio police and fire pension fund,	54686
notwithstanding any other provisions of the Revised Code or rules	54687
adopted pursuant thereto by any state agency with respect to	54688
investments by them, and are also acceptable as security for the	54689
deposit of public moneys.	54690

(M) All facilities or entrepreneurial projects purchased,	54691
acquired, constructed, or owned by an institution of higher	54692
education, or financed in whole or in part by obligations or	54693
assurances issued by an institution, and used for the purposes of	54694
the institution or other publicly owned and controlled college or	54695
university, is public property used exclusively for a public	54696
purpose, and such property and the income therefrom is exempt from	54697
all taxation and assessment within this state, including ad	54698
valorem and excise taxes. The obligations or assurances, the	54699
transfer thereof, and the income therefrom, including any profit	54700
made on the sale thereof, are at all times free from taxation	54701
within the state. The transfer of tangible personal property by	54702
lease under authority of this section or section 3345.07, 3345.11,	54703
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	54704
Code is not a sale as used in Chapter 5739. of the Revised Code.	54705

(N) The authority granted by this section is cumulative with	54706
the authority granted to institutions of higher education under	54707
Chapter 154. of the Revised Code, and nothing in this section	54708
impairs or limits the authority granted by Chapter 154. of the	54709
Revised Code. In any lease, agreement, or commitment made by an	54710
institution of higher education under Chapter 154. of the Revised	54711
Code, it may agree to restrict or subordinate any pledge it may	54712
thereafter make under authority of this section.	54713

(O) Title to lands acquired under this section and sections	54714
3345.07 and 3345.11 of the Revised Code by a state university or	54715
college shall be taken in the name of the state.	54716

(P) Except where costs of facilities or entrepreneurial	54717
projects are to be paid in whole or in part from funds	54718
appropriated by the general assembly, section 125.81 of the	54719
Revised Code and the requirement for certification with respect	54720
thereto under section 153.04 of the Revised Code do not apply to	54721
such facilities or entrepreneurial projects.	54722

(Q) A state university or college may sell or lease lands or	54723
interests in land owned by it or by the state for its use, or	54724
facilities authorized to be acquired or constructed by it under	54725
section 3345.07 or 3345.11 of the Revised Code, to permit the	54726
purchasers or lessees thereof to acquire, construct, equip,	54727
furnish, reconstruct, alter, enlarge, remodel, renovate,	54728
rehabilitate, improve, maintain, repair, or maintain and operate	54729
thereon and to provide by lease or otherwise to such institution,	54730
facilities authorized in section 3345.07 or 3345.11 of the Revised	54731
Code or entrepreneurial projects authorized under section 3345.36	54732
of the Revised Code. Such land or interests therein shall be sold	54733
for such appraised value, or leased, and on such terms as the	54734
board of trustees determines. All deeds or other instruments	54735
relating to such sales or leases shall be executed by such officer	54736
of the state university or college as the board of trustees	54737
designates. The state university or college shall hold, invest, or	54738
use the proceeds of such sales or leases for the same purposes for	54739
which proceeds of borrowings may be used under sections 3345.07	54740
and 3345.11 of the Revised Code or, if the proceeds relate to the	54741
sale or lease of entrepreneurial projects, for purposes of section	54742
3345.36 of the Revised Code.	54743

(R) An institution of higher education may pledge available	54744
receipts, to the extent permitted by division (C) of this section	54745
with respect to obligations, to secure the payments to be made by	54746
it under any lease, lease with option to purchase, or	54747
lease-purchase agreement authorized under this section or section	54748
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	54749
3358.10 of the Revised Code.	54750

Sec. 3345.48. (A) As used in this section:

54751

(1) "Cohort" means a group of students who will complete	54752
their bachelor's degree requirements and graduate from a state	54753
university at the same time. A cohort may include transfer	54754
students and other selected undergraduate student academic	54755
programs as determined by the board of trustees of a state	54756
university.	54757

(2) "Eligible student" means an undergraduate student who:

54758

(a) Is enrolled full-time in a bachelor's degree program at a	54759
state university;	54760

(b) Is a resident of this state, as defined by the chancellor	54761
of the Ohio board of regents under section 3333.31 of the Revised	54762
Code.	54763

(3) "State university" has the same meaning as in section	54764
3345.011 of the Revised Code.	54765

(B) The board of trustees of a state university may establish	54766
an undergraduate tuition guarantee program that allows eligible	54767
students in the same cohort to pay a fixed rate for general and	54768
instructional fees for four years. A board of trustees may include	54769
room and board and any additional fees in the program.	54770

If the board of trustees chooses to establish such a program,	54771
the board shall adopt rules for the program that include, but are	54772
not limited to, all of the following:	54773

(1) The number of credit hours required to earn an	54774
undergraduate degree in each major;	54775

(2) A guarantee that the general and instructional fees for	54776
each student in the cohort shall remain constant for four years so	54777
long as the student complies with the requirements of the program,	54778
except that, notwithstanding any law to the contrary, the board	54779
may increase the guaranteed amount by up to six per cent above	54780
what has been charged in the previous academic year one time for	54781
the first cohort enrolled under the tuition guarantee program. If	54782
the board of trustees determines that economic conditions or other	54783
circumstances require an increase for the first cohort of above	54784
six per cent, the board shall submit a request to increase the	54785
amount by a specified percentage to the chancellor. The	54786
chancellor, based on information the chancellor requires from the	54787
board of trustees, shall approve or disapprove such a request.	54788
There shall be no other increase of general and instructional fees	54789
for that cohort or for subsequent cohorts under the program unless	54790
the general assembly approves such an increase for all tuition	54791
guarantee programs established under this section.	54792

(3) A benchmark by which the board sets annual increases in	54793
general and instructional fees. This benchmark and any subsequent	54794
change to the benchmark shall be subject to approval of the	54795
chancellor.	54796

(4) Eligibility requirements for students to participate in	54797
the program;	54798

(5) Student rights and privileges under the program;

54799

(6) Consequences to the university for students unable to	54800
complete a degree program within four years, as follows:	54801

(a) For a student who could not complete the program in four	54802
years due to a lack of available classes or space in classes	54803
provided by the university, the university shall provide the	54804
necessary course or courses for completion to the student free of	54805
charge.	54806

(b) For a student who could not complete the program in four	54807
years due to military service or other circumstances beyond a	54808
student's control, as determined by the board of trustees, the	54809
university shall provide the necessary course or courses for	54810
completion to the student at the student's initial cohort rate.	54811

(c) For a student who did not complete the program in four	54812
years for any other reason, as determined by the board of	54813
trustees, the university shall provide the necessary course or	54814
courses for completion to the student at a rate determined through	54815
a method established by the board under division (B)(7) of this	54816
section.	54817

(7) Guidelines for adjusting a student's annual charges if	54818
the student, due to circumstances under the student's control, is	54819
unable to complete a degree program within four years;	54820

(8) A requirement that the rules adopted under division (B)	54821
of this section be published or posted in the university handbook,	54822
course catalog, and web site.	54823

(C) If a board of trustees implements a program under this	54824
section, the board shall submit the rules adopted under division	54825
(B) of this section to the chancellor for approval before	54826
beginning implementation of the program.	54827

The chancellor shall not unreasonably withhold approval of a	54828
program if the program conforms in principle with the parameters	54829
and guidelines of this section.	54830

(D) A board of trustees of a state university may establish	54831
an undergraduate tuition guarantee program for nonresident	54832
students.	54833

(E) Within five years after the effective date of this	54834
section, the chancellor shall publish on the board of regents web	54835
site a report that includes all of the following:	54836

(1) The state universities that have adopted an undergraduate	54837
tuition guarantee program under this section;	54838

(2) The details of each undergraduate tuition guarantee	54839
program established under this section;	54840

(3) Comparative data, including general and instructional	54841
fees, room and board, graduation rates, and retention rates, from	54842
all state universities.	54843

Sec. 3345.81. Not later than May 1, 2014, and biennially	54844
thereafter, each institution of higher education, as defined by	54845
section 3345.12 of the Revised Code, shall submit to the	54846
chancellor of the Ohio board of regents, for each campus under the	54847
authority of that institution, a campus-specific completion plan	54848
designed to increase college completion rates. The chancellor	54849
shall prescribe a format for all plans required under this	54850
section, which may include specific strategies, targets, and	54851
metrics that promote student access, retention, progression, and	54852
completion of each student's chosen program of study. Institutions	54853
shall submit each campus plan in accordance with this format and	54854
shall include all required content, as prescribed by the	54855
chancellor. Each plan shall be consistent with the mission and	54856
strategic priorities of the campus and shall examine and, as	54857
appropriate, include all of the following:	54858

(A) Increased alignment of the institution's programs with	54859
programs of other educational institutions from preschool through	54860
higher education;	54861

(B) A communications strategy;

54862

(C) A guidance plan to provide current and potential students	54863
with broadened awareness of dual enrollment programs, as defined	54864
by section 3313.6013 of the Revised Code, and the connections	54865
between college completion and career opportunities. The guidance	54866
plan also shall also include financial literacy and planning for	54867
students and their families.	54868

(D) Increased support to ensure success for first-year	54869
students, such as increased access to career counseling and	54870
mentoring, improvements to remediation course design and subject	54871
matter, and other support programs;	54872

(E) The development of institutional systems to streamline	54873
and accelerate a student's progress toward completion, such as a	54874
coordinated system for the transfer of academic credit or a system	54875
that awards academic credit for alternative study, work, or	54876
military experience;	54877

(F) Incentives and rewards for successful student progression	54878
within, and completion of, each student's chosen program.	54879

Sec. 3350.15. The northeast Ohio medical university may enter	54880
into a partnership with Cleveland state university to establish	54881
the northeast Ohio medical university academic campus at Cleveland	54882
state university, to enable fifty per cent or more of the medical	54883
curriculum taught to students enrolled under this partnership to	54884
be based in Cleveland at Cleveland state university, local	54885
hospitals, and community- and neighborhood-based primary care	54886
clinics. Cleveland state university shall not receive state	54887
capital appropriations to pay for facilities for the academic	54888
campus.	54889

Sec. 3353.01. As used in this chapter:

54890

(A) "Educational television or radio" means television or	54891
radio programs which serve the educational needs of the community	54892
and which meet the requirements of the federal communications	54893
commission for noncommercial educational television or radio.	54894

(B) "Educational telecommunications network" means a system	54895
of connected educational television, radio, or radio reading	54896
service facilities and coordinated programs established and	54897
operated or controlled by the ~~eTech Ohio~~broadcast educational	54898
media commission, pursuant to this chapter.	54899

(C) "Transmission" means the sending out of television,	54900
radio, or radio reading service programs, either directly to the	54901
public, or to broadcasting stations or services for simultaneous	54902
broadcast or rebroadcast.	54903

(D) "Transmission facilities" means structures, equipment,	54904
material, and services used in the transmission of educational	54905
television, radio, or radio reading service programs.	54906

(E) "Interconnection facilities" means the equipment,	54907
material, and services used to link one location to another	54908
location or to several locations by means of telephone line,	54909
coaxial cable, microwave relays, or other available technologies.	54910

(F) "Broadcasting station" means a properly licensed	54911
noncommercial educational television or radio station,	54912
appropriately staffed and equipped to produce programs or lessons	54913
and to broadcast programs.	54914

(G) "Radio reading service" means a nonprofit organization	54915
that disseminates news and other information to blind and	54916
physically handicapped persons.	54917

(H) "Affiliate" means an educational telecommunication	54918
entity, including a television or radio broadcasting station or	54919
radio reading service.	54920

Sec. 3353.02. (A) There is hereby created the ~~eTech Ohio~~	54921
broadcast educational media commission as an independent agency to	54922
advance education and accelerate the learning of the citizens of	54923
this state through ~~technology~~public educational broadcasting	54924
services. The commission shall provide leadership and support in	54925
extending the knowledge of the citizens of this state by promoting	54926
access to and use of ~~all forms of~~ educational ~~technology~~	54927
broadcasting services, including educational television and radio,	54928
and radio reading services~~, broadband networks, videotapes,~~	54929
~~compact discs, digital video on demand (DVD), and the internet~~.	54930
The commission also shall administer programs to provide financial	54931
and other assistance to ~~school districts and other educational~~	54932
~~institutions for the acquisition and utilization of~~ educational	54933
~~technology~~television and radio and radio reading services.	54934

The commission is a body corporate and politic, an agency of	54935
the state performing essential governmental functions of the	54936
state.	54937

(B) The commission shall consist of thirteen members, nine of	54938
whom shall be voting members. Six of the voting members shall be	54939
representatives of the public selected from among leading citizens	54940
in the state who have demonstrated interest in educational	54941
broadcast media through service on boards or advisory councils of	54942
educational television stations, educational radio stations,	54943
educational technology agencies, or radio reading services. Of the	54944
representatives of the public, four shall be appointed by the	54945
governor with the advice and consent of the senate, one shall be	54946
appointed by the speaker of the house of representatives, and one	54947
shall be appointed by the president of the senate. The	54948
superintendent of public instruction or a designee of the	54949
superintendent, the chancellor of the Ohio board of regents or a	54950
designee of the chancellor, and the state chief information	54951
officer or a designee of the officer shall be ex officio voting	54952
members. Of the nonvoting members, two shall be members of the	54953
house of representatives appointed by the speaker of the house of	54954
representatives and two shall be members of the senate appointed	54955
by the president of the senate. The members appointed from each	54956
chamber shall not be members of the same political party.	54957

(C) Initial terms of office for members appointed by the	54958
governor shall be one year for one member, two years for one	54959
member, three years for one member, and four years for one member.	54960
At the first meeting of the commission, members appointed by the	54961
governor shall draw lots to determine the length of the term each	54962
member will serve. Thereafter, terms of office for members	54963
appointed by the governor shall be for four years. Terms of office	54964
for voting members appointed by the speaker of the house of	54965
representatives and the president of the senate shall be for four	54966
years. Any member who is a representative of the public may be	54967
reappointed by the member's respective appointing authority, but	54968
no such member may serve more than two consecutive four-year	54969
terms. Such a member may be removed by the member's respective	54970
appointing authority for cause.	54971

Any legislative member appointed by the speaker of the house	54972
of representatives or the president of the senate who ceases to be	54973
a member of the legislative chamber from which the member was	54974
appointed shall cease to be a member of the commission. The	54975
speaker of the house of representatives and the president of the	54976
senate may remove their respective appointments to the commission	54977
at any time.	54978

(D) Vacancies among appointed members shall be filled in the	54979
manner provided for original appointments. Any member appointed to	54980
fill a vacancy occurring prior to the expiration of the term for	54981
which the member's predecessor was appointed shall hold office for	54982
the remainder of that term. Any appointed member shall continue in	54983
office subsequent to the expiration of that member's term until	54984
the member's successor takes office or until a period of sixty	54985
days has elapsed, whichever occurs first.	54986

(E) Members of the commission shall serve without	54987
compensation. The members who are representatives of the public	54988
shall be reimbursed, pursuant to office of budget and management	54989
guidelines, for actual and necessary expenses incurred in the	54990
performance of official duties.	54991

(F) The governor shall appoint the chairperson of the	54992
commission from among the commission's public voting members. The	54993
chairperson shall serve a term of two years and may be	54994
reappointed. The commission shall elect other officers as	54995
necessary from among its voting members and shall prescribe its	54996
rules of procedure.	54997

~~(G) The commission shall establish advisory groups as needed~~	54998
~~to address topics of interest and to provide guidance to the~~	54999
~~commission regarding educational technology issues and the~~	55000
~~technology~~ needs of educators, learners, and the public. Members	55001
of each advisory group shall be appointed by the commission and	55002
shall include representatives of individuals or organizations with	55003
an interest in the topic addressed by the advisory group.	55004

Sec. 3353.03. (A) The ~~eTech Ohio~~broadcast educational media	55005
commission shall appoint an executive director, who shall serve at	55006
the pleasure of the commission. The executive director shall have	55007
no authority other than that provided by law or delegated to the	55008
executive director by the commission. The executive director shall	55009
do all of the following:	55010

(1) Direct ~~commission employees in~~ the administration of all	55011
programs of the commission;	55012

(2) Provide leadership and support in extending the knowledge	55013
of the citizens of this state by promoting equal access to and use	55014
of ~~all forms of~~ educational ~~technology~~broadcast media, as	55015
directed by the commission;	55016

(3) Provide financial and other assistance to ~~school~~	55017
~~districts,~~ educational television and radio stations, radio	55018
reading services, ~~educational technology organizations, and other~~	55019
~~educational institutions for the acquisition and utilization of~~	55020
~~educational technology~~and related organizations and activities;	55021

(4) Implement policies and directives issued by the	55022
commission;	55023

(5) Perform other duties authorized by the commission.

55024

(B) The commission shall fix the compensation of the	55025
executive director. The executive director shall employ and fix	55026
the compensation for such employees as necessary to facilitate the	55027
activities and purposes of the commission. The employees shall	55028
serve at the pleasure of the executive director.	55029

(C) The employees of the commission shall be placed in the	55030
unclassified service.	55031

(D)(1) Except as provided in division (D)(2) of this section,	55032
the employees of the commission shall be exempt from Chapter 4117.	55033
of the Revised Code and shall not be public employees as defined	55034
in section 4117.01 of the Revised Code.	55035

(2) All employees of the commission who transferred to the	55036
commission from one of the commission's predecessor agencies upon	55037
the commission's creation and, when employed by the predecessor	55038
agency were included in a bargaining unit established under	55039
Chapter 4117. of the Revised Code, shall continue to be included	55040
in that bargaining unit, are public employees as defined in	55041
section 4117.01 of the Revised Code, and may collectively bargain	55042
with the commission in accordance with that chapter. Otherwise,	55043
any employee hired by the commission after July 1, 2005, either to	55044
fill vacancies or to fill new positions, shall be exempt from	55045
Chapter 4117. of the Revised Code and shall not be public	55046
employees as defined in section 4117.10 of the Revised Code.	55047

Sec. 3353.04. (A) The ~~eTech Ohio~~broadcast educational media	55048
commission may perform any act necessary to carry out the	55049
functions of this chapter, including any of the following:	55050

(1) ~~Make grants to institutions and other organizations as~~	55051
~~prescribed by the general assembly for the provision of technical~~	55052
~~assistance, professional development, and other support services~~	55053
~~to enable school districts, community schools established under~~	55054
~~Chapter 3314. of the Revised Code, other educational institutions,~~	55055
~~and affiliates to utilize educational technology;~~	55056

~~(2) Establish a reporting system for school districts,~~	55057
~~community schools, other educational institutions, affiliates, and~~	55058
~~educational technology organizations that receive financial~~	55059
~~assistance from the commission. The system may require the~~	55060
~~reporting of information regarding the manner in which the~~	55061
~~assistance was expended, the manner in which the equipment or~~	55062
~~services purchased with the assistance is being utilized, the~~	55063
~~results or outcome of the utilization, the manner in which the~~	55064
~~utilization is compatible with the statewide academic standards~~	55065
~~adopted by the state board of education pursuant to section~~	55066
~~3301.079 of the Revised Code, and any other information determined~~	55067
~~by the commission.~~	55068

~~(3) Ensure that, where appropriate, products produced by any~~	55069
~~entity to which the commission provides financial assistance for~~	55070
~~use in elementary and secondary education are aligned with the~~	55071
~~statewide academic standards adopted by the state board pursuant~~	55072
~~to section 3301.079 of the Revised Code;~~	55073

~~(4)~~ Promote accessibility tothrough broadcasting services of	55074
educational products aligned with the statewide academic	55075
standards, adopted by the state board pursuant to section 3301.079	55076
of the Revised Code, for school districts, community schools, and	55077
other entities serving grades kindergarten through twelve;	55078

~~(5)~~(2) Own or operate transmission facilities and	55079
interconnection facilities, or contract for transmission	55080
facilities and interconnection facilities, for an educational	55081
television, radio, or radio reading service network;	55082

~~(6)~~(3) Establish standards for interconnection facilities	55083
used by the commission in the transmission of educational	55084
television, radio, or radio reading service programming;	55085

~~(7)~~(4) Enter into agreements with noncommercial educational	55086
television or radio broadcasting stations or radio reading	55087
services for the operation of the interconnection;	55088

~~(8)~~(5) Enter into agreements with noncommercial educational	55089
television or radio broadcasting stations or radio reading	55090
services for the production and use of educational television,	55091
radio, or radio reading service programs to be transmitted by the	55092
educational telecommunications network;	55093

~~(9)~~(6) Execute contracts and other agreements necessary and	55094
desirable to carry out the purposes of this chapter and other	55095
duties prescribed to the commission by law or authorize the	55096
executive director of the commission to execute such contracts and	55097
agreements on the commission's behalf;	55098

~~(10)~~(7) Act as consultant with educational television and	55099
educational radio stations and radio reading services toward	55100
coordination within the state of the distribution of federal funds	55101
that may become available for equipment for educational	55102
broadcasting or radio reading services;	55103

~~(11)~~(8) Make payments to noncommercial Ohio educational	55104
television or radio broadcasting stations or radio reading	55105
services to sustain the operation of such stations or services;	55106

~~(12)~~(9) In consultation with participants in programs	55107
administered by the commission, establish guidelines governing	55108
purchasing and procurement that facilitate the timely and	55109
effective implementation of such programs;	55110

~~(13)~~(10) In consultation with participants in programs	55111
administered by the commission, consider the efficiency and cost	55112
savings of statewide procurement prior to allocating and releasing	55113
funds for such programs;	55114

~~(14)~~(11) In consultation with participants in programs	55115
administered by the commission, establish a systems support	55116
network to facilitate the timely implementation of the programs	55117
and other projects and activities for which the commission	55118
provides assistance.	55119

(B) Chapters 123., 124., 125., and 153. of the Revised Code	55120
and sections 9.331 to 9.335 of the Revised Code do not apply to	55121
contracts, programs, projects, or activities of the commission.	55122

Sec. 3353.06. (A) The affiliates services fund is hereby	55123
created in the state treasury. The ~~eTech Ohio~~broadcast	55124
educational media commission shall deposit any money it receives	55125
for services provided to affiliates to the credit of the fund,	55126
including:	55127

(1) Reimbursements for services provided to stations;

55128

(2) Charges levied for maintenance of telecommunications,	55129
broadcasting, or transmission equipment;	55130

(3) Contract or grant payments from affiliates.

55131

(B) The commission shall use money credited to the affiliates	55132
services fund for any commission operating purposes, including:	55133

(1) The purchase, repair, or maintenance of	55134
telecommunications, broadcasting, or transmission equipment;	55135

(2) The purchase or lease of educational programming;

55136

(3) The purchase of tape and digital media storage and	55137
maintenance of a media library;	55138

(4) ~~Professional development programs and services;~~

55139

~~(5)~~ Administrative expenses.

55140

Sec. 3353.07. (A) There is hereby created the Ohio	55141
government telecommunications service. The Ohio government	55142
telecommunications service shall provide the state government and	55143
affiliated organizations with multimedia support including audio,	55144
visual, and internet services, multimedia streaming, and hosting	55145
multimedia programs.	55146

Services relating to the official activities of the general	55147
assembly and the executive offices provided by the Ohio government	55148
telecommunications service shall be funded through grants to a	55149
~~public~~an educational television broadcasting station that will	55150
manage the staff and provide the services of the Ohio government	55151
telecommunications service. The Ohio educational television	55152
stations shall select a member station to manage the Ohio	55153
government telecommunications service. The Ohio government	55154
telecommunications service shall receive grants from, or contract	55155
with, any of the three branches of Ohio government, and their	55156
affiliates, to provide additional services. Services provided by	55157
the Ohio government telecommunications service shall not be used	55158
for political purposes included in campaign materials, or	55159
otherwise used to influence an election, legislation, issue,	55160
judicial decision, or other policy of state government.	55161

(B)(1) There is hereby created the legislative programming	55162
committee of the Ohio government telecommunications service that	55163
shall consist of the president of the senate, speaker of the house	55164
of representatives, minority leader of the senate, and minority	55165
leader of the house of representatives, or their designees, and	55166
the clerks of the senate and house of representatives as	55167
nonvoting, ex officio members. By a vote of a majority of its	55168
members, the program committee may add additional members to the	55169
committee.	55170

(2) The legislative programming committee shall adopt rules	55171
that govern the operation of the Ohio government	55172
telecommunications service relating to the general assembly and	55173
any affiliated organizations.	55174

Sec. 3365.01. As used in this chapter:

55175

(A) "College" means any state-assisted college or university	55176
described in section 3333.041 of the Revised Code, any nonprofit	55177
institution holding a certificate of authorization pursuant to	55178
Chapter 1713. of the Revised Code, any private institution exempt	55179
from regulation under Chapter 3332. of the Revised Code as	55180
prescribed in section 3333.046 of the Revised Code, and any	55181
institution holding a certificate of registration from the state	55182
board of career colleges and schools and program authorization for	55183
an associate or bachelor's degree program issued under section	55184
3332.05 of the Revised Code.	55185

(B) "School district," except as specified in division (G) of	55186
this section, means any school district to which a student is	55187
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	55188
the Revised Code and does not include a joint vocational or	55189
cooperative education school district.	55190

(C) "Parent" has the same meaning as in section 3313.64 of	55191
the Revised Code.	55192

(D) "Participant" means a student enrolled in a college under	55193
the post-secondary enrollment options program established by this	55194
chapter, including a student who has been excused from the	55195
compulsory attendance law for the purpose of home instruction	55196
under section 3321.04 of the Revised Code.	55197

(E) "Secondary grade" means the ninth through twelfth grades.

55198

(F) "School foundation payments" means the amount required to	55199
be paid to a school district for a fiscal year under Chapter 3317.	55200
of the Revised Code.	55201

(G) "Tuition base" means~~, with respect to a participant's~~	55202
~~school district, the sum of~~ the formula amount ~~plus the per pupil~~	55203
~~amount of the base funding supplements~~ specified in ~~divisions~~	55204
~~(C)(1) to (4) of~~ section ~~3317.012~~3317.02 of the Revised Code for	55205
the applicable fiscal year ~~2009~~.	55206

~~The participant's "school district" in the case of a~~	55207
~~participant enrolled in a community school shall be the school~~	55208
~~district in which the student is entitled to attend school under~~	55209
~~section 3313.64 or 3313.65 of the Revised Code.~~	55210

(H) "Educational program" means enrollment in one or more	55211
school districts, in a nonpublic school, or in a college under	55212
division (B) of section 3365.04 of the Revised Code.	55213

(I) "Nonpublic school" means a chartered or nonchartered	55214
school for which minimum standards are prescribed by the state	55215
board of education pursuant to division (D) of section 3301.07 of	55216
the Revised Code.	55217

(J) "School year" means the year beginning on the first day	55218
of July and ending on the thirtieth day of June.	55219

(K) "Community school" means any school established pursuant	55220
to Chapter 3314. of the Revised Code that includes secondary	55221
grades.	55222

(L) "STEM school" means a science, technology, engineering,	55223
and mathematics school established under Chapter 3326. of the	55224
Revised Code.	55225

Sec. 3365.02. There is hereby established the post-secondary	55226
enrollment options program under which a secondary grade student	55227
who is a resident of this state may enroll at a college, on a	55228
full- or part-time basis, and complete nonsectarian courses for	55229
high school and college credit.	55230

Secondary grade students in a nonpublic school may	55231
participate in the post-secondary enrollment options program if	55232
the chief administrator of such school notifies the department of	55233
education by the first day of April prior to the school year in	55234
which the school's students will participate.	55235

The state board of education, after consulting with the board	55236
of regents, shall adopt rules governing the program. The rules	55237
shall include:	55238

(A) Requirements for school districts, community schools, or	55239
participating nonpublic schools to provide information about the	55240
program prior to the first day of March of each year to all	55241
students enrolled in grades eight through eleven;	55242

(B) A requirement that a student or the student's parent	55243
inform the district board of education, the governing authority of	55244
a community school, the STEM school chief administrative officer,	55245
or the nonpublic school administrator by the thirtieth day of	55246
March of the student's intent to participate in the program during	55247
the following school year. The rule shall provide that any student	55248
who fails to provide the notification by the required date may not	55249
participate in the program during the following school year	55250
without the written consent of the district superintendent, the	55251
governing authority of a community school, the STEM school chief	55252
administrative officer, or the nonpublic school administrator.	55253

(C) Requirements that school districts, community schools,	55254
and STEM schools provide counseling services to students in grades	55255
eight through eleven and to their parents before the students	55256
participate in the program under this chapter to ensure that	55257
students and parents are fully aware of the possible risks and	55258
consequences of participation. Counseling information shall	55259
include without limitation:	55260

(1) Program eligibility;

55261

(2) The process for granting academic credits;

55262

(3) Financial arrangements for tuition, books, materials, and	55263
fees;	55264

(4) Criteria for any transportation aid;

55265

(5) Available support services;

55266

(6) Scheduling;

55267

(7) The consequences of failing or not completing a course in	55268
which the student enrolls and the effect of the grade attained in	55269
the course being included in the student's grade point average, if	55270
applicable;	55271

(8) The effect of program participation on the student's	55272
ability to complete the district's or school's graduation	55273
requirements;	55274

(9) The academic and social responsibilities of students and	55275
parents under the program;	55276

(10) Information about and encouragement to use the	55277
counseling services of the college in which the student intends to	55278
enroll.	55279

(D) A requirement that the student and the student's parent	55280
sign a form, provided by the school district or school, stating	55281
that they have received the counseling required by division (C) of	55282
this section and that they understand the responsibilities they	55283
must assume in the program;	55284

(E) The options required by section 3365.04 of the Revised	55285
Code;	55286

(F) ~~A requirement that a student may not enroll in any~~	55287
~~specific college course through the program if the student has~~	55288
~~taken high school courses in the same subject area as that college~~	55289
~~course and has failed to attain a cumulative grade point average~~	55290
~~of at least 3.0 on a 4.0 scale, or the equivalent, in such~~	55291
~~completed high school courses~~A requirement that student	55292
participation in the program be based solely on a participating	55293
college's established admission standards.	55294

Sec. 3365.022. (A) Beginning July 1, 2013, a student who has	55295
been excused from the compulsory attendance law for the purpose of	55296
home instruction under section 3321.04 of the Revised Code, and is	55297
the equivalent of a ninth, tenth, eleventh, or twelfth grader may	55298
participate in the post-secondary enrollment options program	55299
established under this chapter.	55300

(B)(1) If a student meets the criteria established in	55301
division (A) of this section and wishes to participate in the	55302
post-secondary enrollment options program, the parent or guardian	55303
of that student shall notify the department of education by the	55304
first day of April prior to the school year in which the student	55305
wishes to participate.	55306

(2) For the 2013-2014 school year, the department may accept	55307
applications at a later date if that student wishes to participate	55308
in the program during the 2013-2014 school year.	55309

(C) Pursuant to rules adopted by the state board of education	55310
under section 3365.02 of the Revised Code, payments to a	55311
participating college, in which home-instructed students enrolled	55312
pursuant to this section, shall be made in the same manner as	55313
payments made for participating students from nonpublic secondary	55314
schools, pursuant to section 3365.07 of the Revised Code.	55315

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	55316
the Revised Code shall specify a method for each of the following:	55317

(1) Determining, with respect to any participant, the	55318
percentage of a full-time educational program constituted by the	55319
participant's total educational program. That percentage shall be	55320
the participant's full-time equivalency percentage for purposes of	55321
the computation required by division (B)(1) of this section.	55322

(2) In the case of a participant who is not enrolled in a	55323
participating nonpublic school, determining the percentage of a	55324
participant's school day during which the participant is	55325
participating in each of the following:	55326

(a) Programs provided by the city, local, or exempted village	55327
school district, a community school, or a STEM school;	55328

(b) Programs provided by a joint vocational school district;

55329

(c) Programs provided by a college under division (B) of	55330
section 3365.04 of the Revised Code.	55331

The sum of divisions (A)(2)(a) to (c) of this section shall equal	55332
one hundred per cent.	55333

(3) In the case of a participant who is not enrolled in a	55334
participating nonpublic school, determining the percentage of a	55335
participant's enrollment that shall be deemed to be enrollment in	55336
a joint vocational school district and the percentage that shall	55337
be deemed to be enrollment in a city, local, or exempted village	55338
school district. The sum of such percentages shall equal one	55339
hundred per cent.	55340

(4) In the case of a participant who is enrolled in a	55341
participating nonpublic school, determining the percentage of a	55342
participant's school day during which the participant is	55343
participating in programs provided by a college under division (B)	55344
of section 3365.04 of the Revised Code.	55345

(B) Each July, unless provided otherwise in an alternative	55346
funding agreement entered into under rules adopted under section	55347
3365.12 of the Revised Code, the department of education shall pay	55348
each college for any participant enrolled in the college in the	55349
prior school year under division (B) of section 3365.04 of the	55350
Revised Code an amount computed as follows:	55351

(1) Multiply the tuition base by the participant's full-time	55352
equivalency percentage and multiply the resulting amount by a	55353
percentage equal to the percentage of the participant's school day	55354
apportioned to the college under division (A)(2)(c) or (4) of this	55355
section, as applicable.	55356

(2) Pay the college the lesser of:

55357

(a) The amount computed under division (B)(1) of this	55358
section;	55359

(b) The actual costs that would have been the responsibility	55360
of the participant had the participant elected to enroll under	55361
division (A) of section 3365.04 of the Revised Code, as verified	55362
by the department, of tuition, textbooks, materials, and fees	55363
directly related to any courses elected by the participant during	55364
the prior school year under division (B) of section 3365.04 of the	55365
Revised Code.	55366

(C) The department shall not reimburse ~~any~~a college for any	55367
of the following:	55368

(1) A college course taken by a participant under division	55369
(A) of section 3365.04 of the Revised Code;	55370

(2) A college course taken by a participant that is not	55371
included in or equivalent to a course included in either a	55372
transfer module or the transfer assurance guide developed by the	55373
chancellor.	55374

(D) If the participant was not enrolled in a participating	55375
nonpublic school, the amount paid under division (B) of this	55376
section for each participant shall be subtracted from the school	55377
foundation payments made to the participant's school district or,	55378
if the participant was enrolled in a community school or a STEM	55379
school, from the payments made to the participant's school under	55380
section 3314.08 or 3326.33 of the Revised Code. If the participant	55381
was enrolled in a joint vocational school district, a portion of	55382
the amount shall be subtracted from the payments to the joint	55383
vocational school district and a portion shall be subtracted from	55384
the payments to the participant's city, local, or exempted village	55385
school district. The amount of the payment subtracted from the	55386
city, local, or exempted village school district shall be computed	55387
as follows:	55388

(1) Add the following:

55389

(a) The percentage of the participant's enrollment in the	55390
school district, determined under division (A)(3) of this section;	55391
and	55392

(b) Twenty-five per cent times the percentage of the	55393
participant's enrollment in the joint vocational school district,	55394
determined under division (A)(3) of this section.	55395

(2) Multiply the sum obtained under division (D)(1) of this	55396
section by the amount computed under division (B)(2) of this	55397
section.	55398

The balance of the payment shall be subtracted from the joint	55399
vocational district's school foundation payments.	55400

(E) If the participant was enrolled in a participating	55401
nonpublic school, the amount paid under division (B) of this	55402
section shall be subtracted from moneys set aside by the general	55403
assembly for such purpose from funds appropriated for the purposes	55404
of section 3317.06 of the Revised Code.	55405

Sec. 3365.12. The superintendent of public instruction and	55406
the chancellor of the Ohio board of regents jointly may adopt	55407
rules in accordance with Chapter 119. of the Revised Code	55408
permitting a board of education of a school district or joint	55409
vocational school district, governing authority of a community	55410
school, governing body of a STEM school, or governing authority of	55411
a participating nonpublic school to enter into an agreement with a	55412
college or university to use an alternate funding formula to	55413
calculate, or an alternate method to transmit, the amount the	55414
college or university would be paid for a student participating in	55415
a program under this chapter, including the program known as	55416
seniors to sophomores.	55417

Rules adopted under this section may include, but need not be	55418
limited to, any of the following alternative funding options:	55419

(A) Direct payment of funds necessary to support students	55420
participating in a program under this chapter, including the	55421
seniors to sophomores program, by the school district, joint	55422
vocational school district, community school, STEM school, or any	55423
combination thereof, to the college or university in which the	55424
student enrolled;	55425

(B) Alternate funding formulas to calculate the amount of	55426
money to be paid to colleges for participants;	55427

(C) A negotiated amount to be paid, as agreed by the school	55428
district, joint vocational school district, community school, or	55429
STEM school and the college or university.	55430

Rules adopted under this section shall prohibit any	55431
alternative funding option to include charging a student	55432
participating in the program under this chapter any tuition or	55433
fees.	55434

Sec. 3501.01. As used in the sections of the Revised Code	55435
relating to elections and political communications:	55436

(A) "General election" means the election held on the first	55437
Tuesday after the first Monday in each November.	55438

(B) "Regular municipal election" means the election held on	55439
the first Tuesday after the first Monday in November in each	55440
odd-numbered year.	55441

(C) "Regular state election" means the election held on the	55442
first Tuesday after the first Monday in November in each	55443
even-numbered year.	55444

(D) "Special election" means any election other than those	55445
elections defined in other divisions of this section. A special	55446
election may be held only on the first Tuesday after the first	55447
Monday in February, May, August, or November, or on the day	55448
authorized by a particular municipal or county charter for the	55449
holding of a primary election, except that in any year in which a	55450
presidential primary election is held, no special election shall	55451
be held in February or May, except as authorized by a municipal or	55452
county charter, but may be held on the first Tuesday after the	55453
first Monday in March.	55454

(E)(1) "Primary" or "primary election" means an election held	55455
for the purpose of nominating persons as candidates of political	55456
parties for election to offices, and for the purpose of electing	55457
persons as members of the controlling committees of political	55458
parties and as delegates and alternates to the conventions of	55459
political parties. Primary elections shall be held on the first	55460
Tuesday after the first Monday in May of each year except in years	55461
in which a presidential primary election is held.	55462

(2) "Presidential primary election" means a primary election	55463
as defined by division (E)(1) of this section at which an election	55464
is held for the purpose of choosing delegates and alternates to	55465
the national conventions of the major political parties pursuant	55466
to section 3513.12 of the Revised Code. Unless otherwise	55467
specified, presidential primary elections are included in	55468
references to primary elections. In years in which a presidential	55469
primary election is held, all primary elections shall be held on	55470
the first Tuesday after the first Monday in March except as	55471
otherwise authorized by a municipal or county charter.	55472

(F) "Political party" means any group of voters meeting the	55473
requirements set forth in section 3517.01 of the Revised Code for	55474
the formation and existence of a political party.	55475

(1) "Major political party" means any political party	55476
organized under the laws of this state whose candidate for	55477
governor or nominees for presidential electors received no less	55478
than twenty per cent of the total vote cast for such office at the	55479
most recent regular state election.	55480

(2) "Intermediate political party" means any political party	55481
organized under the laws of this state whose candidate for	55482
governor or nominees for presidential electors received less than	55483
twenty per cent but not less than ten per cent of the total vote	55484
cast for such office at the most recent regular state election.	55485

(3) "Minor political party" means any political party	55486
organized under the laws of this state whose candidate for	55487
governor or nominees for presidential electors received less than	55488
ten per cent but not less than five per cent of the total vote	55489
cast for such office at the most recent regular state election or	55490
which has filed with the secretary of state, subsequent to any	55491
election in which it received less than five per cent of such	55492
vote, a petition signed by qualified electors equal in number to	55493
at least one per cent of the total vote cast for such office in	55494
the last preceding regular state election, except that a newly	55495
formed political party shall be known as a minor political party	55496
until the time of the first election for governor or president	55497
which occurs not less than twelve months subsequent to the	55498
formation of such party, after which election the status of such	55499
party shall be determined by the vote for the office of governor	55500
or president.	55501

(G) "Dominant party in a precinct" or "dominant political	55502
party in a precinct" means that political party whose candidate	55503
for election to the office of governor at the most recent regular	55504
state election at which a governor was elected received more votes	55505
than any other person received for election to that office in such	55506
precinct at such election.	55507

(H) "Candidate" means any qualified person certified in	55508
accordance with the provisions of the Revised Code for placement	55509
on the official ballot of a primary, general, or special election	55510
to be held in this state, or any qualified person who claims to be	55511
a write-in candidate, or who knowingly assents to being	55512
represented as a write-in candidate by another at either a	55513
primary, general, or special election to be held in this state.	55514

(I) "Independent candidate" means any candidate who claims	55515
not to be affiliated with a political party, and whose name has	55516
been certified on the office-type ballot at a general or special	55517
election through the filing of a statement of candidacy and	55518
nominating petition, as prescribed in section 3513.257 of the	55519
Revised Code.	55520

(J) "Nonpartisan candidate" means any candidate whose name is	55521
required, pursuant to section 3505.04 of the Revised Code, to be	55522
listed on the nonpartisan ballot, including all candidates for	55523
judicial office, for member of any board of education, for	55524
municipal or township offices in which primary elections are not	55525
held for nominating candidates by political parties, and for	55526
offices of municipal corporations having charters that provide for	55527
separate ballots for elections for these offices.	55528

(K) "Party candidate" means any candidate who claims to be a	55529
member of a political party, whose name has been certified on the	55530
office-type ballot at a general or special election through the	55531
filing of a declaration of candidacy and petition of candidate,	55532
and who has won the primary election of the candidate's party for	55533
the public office the candidate seeks or is selected by party	55534
committee in accordance with section 3513.31 of the Revised Code.	55535

(L) "Officer of a political party" includes, but is not	55536
limited to, any member, elected or appointed, of a controlling	55537
committee, whether representing the territory of the state, a	55538
district therein, a county, township, a city, a ward, a precinct,	55539
or other territory, of a major, intermediate, or minor political	55540
party.	55541

(M) "Question or issue" means any question or issue certified	55542
in accordance with the Revised Code for placement on an official	55543
ballot at a general or special election to be held in this state.	55544

(N) "Elector" or "qualified elector" means a person having	55545
the qualifications provided by law to be entitled to vote.	55546

(O) "Voter" means an elector who votes at an election.

55547

(P) "Voting residence" means that place of residence of an	55548
elector which shall determine the precinct in which the elector	55549
may vote.	55550

(Q) "Precinct" means a district within a county established	55551
by the board of elections of such county within which all	55552
qualified electors having a voting residence therein may vote at	55553
the same polling place.	55554

(R) "Polling place" means that place provided for each	55555
precinct at which the electors having a voting residence in such	55556
precinct may vote.	55557

(S) "Board" or "board of elections" means the board of	55558
elections appointed in a county pursuant to section 3501.06 of the	55559
Revised Code.	55560

(T) "Political subdivision" means a county, township, city,	55561
village, or school district.	55562

(U) "Election officer" or "election official" means any of	55563
the following:	55564

(1) Secretary of state;

55565

(2) Employees of the secretary of state serving the division	55566
of elections in the capacity of attorney, administrative officer,	55567
administrative assistant, elections administrator, office manager,	55568
or clerical supervisor;	55569

(3) Director of a board of elections;

55570

(4) Deputy director of a board of elections;

55571

(5) Member of a board of elections;

55572

(6) Employees of a board of elections;

55573

(7) Precinct polling place judges;

55574

(8) Employees appointed by the boards of elections on a	55575
temporary or part-time basis.	55576

(V) "Acknowledgment notice" means a notice sent by a board of	55577
elections, on a form prescribed by the secretary of state,	55578
informing a voter registration applicant or an applicant who	55579
wishes to change the applicant's residence or name of the status	55580
of the application; the information necessary to complete or	55581
update the application, if any; and if the application is	55582
complete, the precinct in which the applicant is to vote.	55583

(W) "Confirmation notice" means a notice sent by a board of	55584
elections, on a form prescribed by the secretary of state, to a	55585
registered elector to confirm the registered elector's current	55586
address.	55587

(X) "Designated agency" means an office or agency in the	55588
state that provides public assistance or that provides	55589
state-funded programs primarily engaged in providing services to	55590
persons with disabilities and that is required by the National	55591
Voter Registration Act of 1993 to implement a program designed and	55592
administered by the secretary of state for registering voters, or	55593
any other public or government office or agency that implements a	55594
program designed and administered by the secretary of state for	55595
registering voters, including the department of job and family	55596
services, the program administered under section 3701.132 of the	55597
Revised Code by the department of health, the department of ~~mental~~	55598
~~health~~mental health and addiction services, the department of	55599
developmental disabilities, the rehabilitation services	55600
commission, and any other agency the secretary of state	55601
designates. "Designated agency" does not include public high	55602
schools and vocational schools, public libraries, or the office of	55603
a county treasurer.	55604

(Y) "National Voter Registration Act of 1993" means the	55605
"National Voter Registration Act of 1993," 107 Stat. 77, 42	55606
U.S.C.A. 1973gg.	55607

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	55608
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	55609

(AA) "Photo identification" means a document that meets each	55610
of the following requirements:	55611

(1) It shows the name of the individual to whom it was	55612
issued, which shall conform to the name in the poll list or	55613
signature pollbook.	55614

(2) It shows the current address of the individual to whom it	55615
was issued, which shall conform to the address in the poll list or	55616
signature pollbook, except for a driver's license or a state	55617
identification card issued under section 4507.50 of the Revised	55618
Code, which may show either the current or former address of the	55619
individual to whom it was issued, regardless of whether that	55620
address conforms to the address in the poll list or signature	55621
pollbook.	55622

(3) It shows a photograph of the individual to whom it was	55623
issued.	55624

(4) It includes an expiration date that has not passed.

55625

(5) It was issued by the government of the United States or	55626
this state.	55627

Sec. 3599.45. (A) As used in this section:

55628

"Candidate," "campaign committee," and "contribution" have	55629
the same meanings as in section 3517.01 of the Revised Code.	55630

"Medicaid provider" has the same meaning as in section	55631
5164.01 of the Revised Code.	55632

(B) No candidate for the office of attorney general or county	55633
prosecutor or such a candidate's campaign committee shall	55634
knowingly accept any contribution from a medicaid provider of	55635
~~services or goods under contract with the department of job and~~	55636
~~family services pursuant to the medicaid program of Title XIX of~~	55637
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	55638
~~amended,~~ or from any person having an ownership interest in the	55639
medicaid provider.	55640

~~As used in this section "candidate," "campaign committee,"~~	55641
~~and "contribution" have the same meaning as in section 3517.01 of~~	55642
~~the Revised Code.~~	55643

~~(B)~~(C) Whoever violates this section is guilty of a	55644
misdemeanor of the first degree.	55645

Sec. 3701.023. (A) The department of health shall review	55646
applications for eligibility for the program for medically	55647
handicapped children that are submitted to the department by city	55648
and general health districts and physician providers approved in	55649
accordance with division (C) of this section. The department shall	55650
determine whether the applicants meet the medical and financial	55651
eligibility requirements established by the director of health	55652
pursuant to division (A)(1) of section 3701.021 of the Revised	55653
Code, and by the department in the manual of operational	55654
procedures and guidelines for the program for medically	55655
handicapped children developed pursuant to division (B) of that	55656
section. Referrals of potentially eligible children for the	55657
program may be submitted to the department on behalf of the child	55658
by parents, guardians, public health nurses, or any other	55659
interested person. The department of health may designate other	55660
agencies to refer applicants to the department of health.	55661

(B) In accordance with the procedures established in rules	55662
adopted under division (A)(4) of section 3701.021 of the Revised	55663
Code, the department of health shall authorize a provider or	55664
providers to provide to any Ohio resident under twenty-one years	55665
of age, without charge to the resident or the resident's family	55666
and without restriction as to the economic status of the resident	55667
or the resident's family, diagnostic services necessary to	55668
determine whether the resident has a medically handicapping or	55669
potentially medically handicapping condition.	55670

(C) The department of health shall review the applications of	55671
health professionals, hospitals, medical equipment suppliers, and	55672
other individuals, groups, or agencies that apply to become	55673
providers. The department shall enter into a written agreement	55674
with each applicant who is determined, pursuant to the	55675
requirements set forth in rules adopted under division (A)(2) of	55676
section 3701.021 of the Revised Code, to be eligible to be a	55677
provider in accordance with the provider agreement required by the	55678
~~medical assistance~~medicaid program ~~established under section~~	55679
~~5111.01 of the Revised Code~~. No provider shall charge a medically	55680
handicapped child or the child's parent or guardian for services	55681
authorized by the department under division (B) or (D) of this	55682
section.	55683

The department, in accordance with rules adopted under	55684
division (A)(3) of section 3701.021 of the Revised Code, may	55685
disqualify any provider from further participation in the program	55686
for violating any requirement set forth in rules adopted under	55687
division (A)(2) of that section. The disqualification shall not	55688
take effect until a written notice, specifying the requirement	55689
violated and describing the nature of the violation, has been	55690
delivered to the provider and the department has afforded the	55691
provider an opportunity to appeal the disqualification under	55692
division (H) of this section.	55693

(D) The department of health shall evaluate applications from	55694
city and general health districts and approved physician providers	55695
for authorization to provide treatment services, service	55696
coordination, and related goods to children determined to be	55697
eligible for the program for medically handicapped children	55698
pursuant to division (A) of this section. The department shall	55699
authorize necessary treatment services, service coordination, and	55700
related goods for each eligible child in accordance with an	55701
individual plan of treatment for the child. As an alternative, the	55702
department may authorize payment of health insurance premiums on	55703
behalf of eligible children when the department determines, in	55704
accordance with criteria set forth in rules adopted under division	55705
(A)(9) of section 3701.021 of the Revised Code, that payment of	55706
the premiums is cost-effective.	55707

(E) The department of health shall pay, from appropriations	55708
to the department, any necessary expenses, including but not	55709
limited to, expenses for diagnosis, treatment, service	55710
coordination, supportive services, transportation, and accessories	55711
and their upkeep, provided to medically handicapped children,	55712
provided that the provision of the goods or services is authorized	55713
by the department under division (B) or (D) of this section. Money	55714
appropriated to the department of health may also be expended for	55715
reasonable administrative costs incurred by the program. The	55716
department of health also may purchase liability insurance	55717
covering the provision of services under the program for medically	55718
handicapped children by physicians and other health care	55719
professionals.	55720

Payments made to providers by the department of health	55721
pursuant to this division for inpatient hospital care, outpatient	55722
care, and all other medical assistance furnished to eligible	55723
recipients shall be made in accordance with rules adopted by the	55724
director of health pursuant to division (A) of section 3701.021 of	55725
the Revised Code.	55726

The departments of health and ~~job and family services~~	55727
medicaid shall jointly implement procedures to ensure that	55728
duplicate payments are not made under the program for medically	55729
handicapped children and the ~~medical assistance~~medicaid program	55730
~~established under section 5111.01 of the Revised Code~~ and to	55731
identify and recover duplicate payments.	55732

(F) At the time of applying for participation in the program	55733
for medically handicapped children, a medically handicapped child	55734
or the child's parent or guardian shall disclose the identity of	55735
any third party against whom the child or the child's parent or	55736
guardian has or may have a right of recovery for goods and	55737
services provided under division (B) or (D) of this section. The	55738
department of health shall require a medically handicapped child	55739
who receives services from the program or the child's parent or	55740
guardian to apply for all third-party benefits for which the child	55741
may be eligible and require the child, parent, or guardian to	55742
apply all third-party benefits received to the amount determined	55743
under division (E) of this section as the amount payable for goods	55744
and services authorized under division (B) or (D) of this section.	55745
The department is the payer of last resort and shall pay for	55746
authorized goods or services, up to the amount determined under	55747
division (E) of this section for the authorized goods or services,	55748
only to the extent that payment for the authorized goods or	55749
services is not made through third-party benefits. When a third	55750
party fails to act on an application or claim for benefits by a	55751
medically handicapped child or the child's parent or guardian, the	55752
department shall pay for the goods or services only after ninety	55753
days have elapsed since the date the child, parents, or guardians	55754
made an application or claim for all third-party benefits.	55755
Third-party benefits received shall be applied to the amount	55756
determined under division (E) of this section. Third-party	55757
payments for goods and services not authorized under division (B)	55758
or (D) of this section shall not be applied to payment amounts	55759
determined under division (E) of this section. Payment made by the	55760
department shall be considered payment in full of the amount	55761
determined under division (E) of this section. Medicaid payments	55762
for persons eligible for the ~~medical assistance~~medicaid program	55763
~~established under section 5111.01 of the Revised Code~~ shall be	55764
considered payment in full of the amount determined under division	55765
(E) of this section.	55766

(G) The department of health shall administer a program to	55767
provide services to Ohio residents who are twenty-one or more	55768
years of age who have cystic fibrosis and who meet the eligibility	55769
requirements established in rules adopted by the director of	55770
health pursuant to division (A)(7) of section 3701.021 of the	55771
Revised Code, subject to all provisions of this section, but not	55772
subject to section 3701.024 of the Revised Code.	55773

(H) The department of health shall provide for appeals, in	55774
accordance with rules adopted under section 3701.021 of the	55775
Revised Code, of denials of applications for the program for	55776
medically handicapped children under division (A) or (D) of this	55777
section, disqualification of providers, or amounts paid under	55778
division (E) of this section. Appeals under this division are not	55779
subject to Chapter 119. of the Revised Code.	55780

The department may designate ombudspersons to assist	55781
medically handicapped children or their parents or guardians, upon	55782
the request of the children, parents, or guardians, in filing	55783
appeals under this division and to serve as children's, parents',	55784
or guardians' advocates in matters pertaining to the	55785
administration of the program for medically handicapped children	55786
and eligibility for program services. The ombudspersons shall	55787
receive no compensation but shall be reimbursed by the department,	55788
in accordance with rules of the office of budget and management,	55789
for their actual and necessary travel expenses incurred in the	55790
performance of their duties.	55791

(I) The department of health, and city and general health	55792
districts providing service coordination pursuant to division	55793
(A)(2) of section 3701.024 of the Revised Code, shall provide	55794
service coordination in accordance with the standards set forth in	55795
the rules adopted under section 3701.021 of the Revised Code,	55796
without charge, and without restriction as to economic status.	55797

(J)(1) The department of health may establish a manufacturer	55798
discount program under which a manufacturer of a drug or	55799
nutritional formula is permitted to enter into an agreement with	55800
the department to provide a discount on the price of the drug or	55801
nutritional formula distributed to medically handicapped children	55802
participating in the program for medically handicapped children.	55803
The program shall be administered in accordance with rules adopted	55804
under section 3701.021 of the Revised Code.	55805

(2) If a manufacturer enters into an agreement with the	55806
department as described in division (J)(1) of this section, the	55807
manufacturer and the department may negotiate the amount and terms	55808
of the discount.	55809

(3) In lieu of establishing a discount program as described	55810
in division (J)(1) of this section, the department and a	55811
manufacturer of a drug or nutritional formula may discuss a	55812
donation of drugs, nutritional formulas, or money by the	55813
manufacturer to the department.	55814

Sec. 3701.024. (A)(1) Under a procedure established in rules	55815
adopted under section 3701.021 of the Revised Code, the department	55816
of health shall determine the amount each county shall provide	55817
annually for the program for medically handicapped children, based	55818
on a proportion of the county's total general property tax	55819
duplicate, not to exceed one-tenth of a mill, and charge the	55820
county for any part of expenses incurred under the program for	55821
treatment services on behalf of medically handicapped children	55822
having legal settlement in the county that is not paid from	55823
federal funds or through the ~~medical assistance~~medicaid program	55824
~~established under section 5111.01 of the Revised Code~~. The	55825
department shall not charge the county for expenses exceeding the	55826
difference between the amount determined under division (A)(1) of	55827
this section and any amounts retained under divisions (A)(2) and	55828
(3) of this section.	55829

All amounts collected by the department under division (A)(1)	55830
of this section shall be deposited into the state treasury to the	55831
credit of the medically handicapped children-county assessment	55832
fund, which is hereby created. The fund shall be used by the	55833
department to comply with sections 3701.021 to 3701.028 of the	55834
Revised Code.	55835

(2) The department, in accordance with rules adopted under	55836
section 3701.021 of the Revised Code, may allow each county to	55837
retain up to ten per cent of the amount determined under division	55838
(A)(1) of this section to provide funds to city or general health	55839
districts of the county with which the districts shall provide	55840
service coordination, public health nursing, or transportation	55841
services for medically handicapped children.	55842

(3) In addition to any amount retained under division (A)(2)	55843
of this section, the department, in accordance with rules adopted	55844
under section 3701.021 of the Revised Code, may allow counties	55845
that it determines have significant numbers of potentially	55846
eligible medically handicapped children to retain an amount equal	55847
to the difference between:	55848

(a) Twenty-five per cent of the amount determined under	55849
division (A)(1) of this section;	55850

(b) Any amount retained under division (A)(2) of this	55851
section.	55852

Counties shall use amounts retained under division (A)(3) of	55853
this section to provide funds to city or general health districts	55854
of the county with which the districts shall conduct outreach	55855
activities to increase participation in the program for medically	55856
handicapped children.	55857

(4) Prior to any increase in the millage charged to a county,	55858
the director of health shall hold a public hearing on the proposed	55859
increase and shall give notice of the hearing to each board of	55860
county commissioners that would be affected by the increase at	55861
least thirty days prior to the date set for the hearing. Any	55862
county commissioner may appear and give testimony at the hearing.	55863
Any increase in the millage any county is required to provide for	55864
the program for medically handicapped children shall be	55865
determined, and notice of the amount of the increase shall be	55866
provided to each affected board of county commissioners, no later	55867
than the first day of June of the fiscal year next preceding the	55868
fiscal year in which the increase will take effect.	55869

(B) Each board of county commissioners shall establish a	55870
medically handicapped children's fund and shall appropriate	55871
thereto an amount, determined in accordance with division (A)(1)	55872
of this section, for the county's share in providing medical,	55873
surgical, and other aid to medically handicapped children residing	55874
in such county and for the purposes specified in divisions (A)(2)	55875
and (3) of this section. Each county shall use money retained	55876
under divisions (A)(2) and (3) of this section only for the	55877
purposes specified in those divisions.	55878

Sec. 3701.027. The department of health shall administer	55879
funds received from the "Maternal and Child Health Block Grant,"	55880
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	55881
U.S.C.A. 701, as amended, for programs including the program for	55882
medically handicapped children, and to provide technical	55883
assistance and consultation to city and general health districts	55884
and local health planning organizations in implementing local,	55885
community-based, family-centered, coordinated systems of care for	55886
medically handicapped children. The department may make grants to	55887
persons and other entities for the provision of services with the	55888
funds. In addition, the department may use the funds to purchase	55889
liability insurance covering the provision of services under the	55890
programs by physicians and other health care professionals, and to	55891
pay health insurance premiums on behalf of medically handicapped	55892
children participating in the program for medically handicapped	55893
children when the department determines, in accordance with	55894
criteria set forth in rules adopted under division (A)(9) of	55895
section 3701.021 of the Revised Code, that payment of the premiums	55896
is cost effective.	55897

In determining eligibility for services provided with funds	55898
received from the "Maternal and Child Health Block Grant," the	55899
department may use the application form established under section	55900
~~5111.013~~5163.40 of the Revised Code. The department may require	55901
applicants to furnish their social security numbers. Funds from	55902
the "Maternal and Child Health Block Grant" that are administered	55903
for the purpose of providing family planning services shall be	55904
distributed in accordance with section 3701.033 of the Revised	55905
Code.	55906

Sec. 3701.033. (A) This section establishes the order of	55907
priority to be followed by the department of health when	55908
distributing funds for the purpose of providing family planning	55909
services, including funds the department receives through the	55910
"Maternal and Child Health Block Grant," Title V of the "Social	55911
Security Act," 95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and	55912
funds the department receives through Title X of the "Public	55913
Health Service Act," 84 Stat. 1504 (1970), 42 U.S.C. 300a, as	55914
amended. This section does not apply to grants awarded by the	55915
department under section 3701.046 of the Revised Code.	55916

(B) With respect to each period during which funds from a	55917
particular source are distributed for the purpose of providing	55918
family planning services, the department is subject to both of the	55919
following when distributing the funds to applicants seeking those	55920
funds:	55921

(1) Foremost priority shall be given to public entities that	55922
are operated by state or local government entities and that	55923
provide or are able to provide family planning services.	55924

(2) If any funds remain after the department distributes	55925
funds to public entities under division (B)(1) of this section,	55926
the department may distribute funds to nonpublic entities. If	55927
funds are distributed to nonpublic entities, the department shall	55928
distribute the funds in the following order of descending	55929
priority:	55930

(a) Nonpublic entities that are federally qualified health	55931
centers or federally qualified health center look-alikes, both as	55932
defined in section 3701.047 of the Revised Code, or community	55933
action agencies, as defined in section 122.66 of the Revised Code;	55934

(b) Nonpublic entities that provide comprehensive primary and	55935
preventive care services in addition to family planning services;	55936

(c) Nonpublic entities that provide family planning services,	55937
but do not provide comprehensive primary and preventive care	55938
services.	55939

Sec. 3701.13. The department of health shall have	55940
supervision of all matters relating to the preservation of the	55941
life and health of the people and have ultimate authority in	55942
matters of quarantine and isolation, which it may declare and	55943
enforce, when neither exists, and modify, relax, or abolish, when	55944
either has been established. The department may approve methods of	55945
immunization against the diseases specified in section 3313.671 of	55946
the Revised Code for the purpose of carrying out the provisions of	55947
that section and take such actions as are necessary to encourage	55948
vaccination against those diseases.	55949

The department may make special or standing orders or rules	55950
for preventing the use of fluoroscopes for nonmedical purposes	55951
~~which~~that emit doses of radiation likely to be harmful to any	55952
person, for preventing the spread of contagious or infectious	55953
diseases, for governing the receipt and conveyance of remains of	55954
deceased persons, and for such other sanitary matters as are best	55955
controlled by a general rule. Whenever possible, the department	55956
shall work in cooperation with the health commissioner of a	55957
general or city health district. ItThe department may make and	55958
enforce orders in local matters or reassign substantive authority	55959
for mandatory programs from a general or city health district to	55960
another general or city health district when an emergency exists,	55961
or when the board of health of a general or city health district	55962
has neglected or refused to act with sufficient promptness or	55963
efficiency, or when such board has not been established as	55964
provided by sections 3709.02, 3709.03, 3709.05, 3709.06, 3709.11,	55965
3709.12, and 3709.14 of the Revised Code. In such cases, the	55966
necessary expense incurred shall be paid by the general health	55967
district or city for which the services are rendered.	55968

The department of health may require general or city health	55969
districts to enter into agreements for shared services under	55970
section 9.482 of the Revised Code.	55971

As a condition precedent to receiving funding from the	55972
department of health, the director of health may require general	55973
or city health districts to be accredited not later than July 1,	55974
2018, by an accreditation body approved by the director.	55975

The department may make evaluative studies of the nutritional	55976
status of Ohio residents, and of the food and nutrition-related	55977
programs operating within the state. Every agency of the state, at	55978
the request of the department, shall provide information and	55979
otherwise assist in the execution of such studies.	55980

Sec. 3701.132. The department of health is hereby designated	55981
as the state agency to administer the "special supplemental	55982
nutrition program for women, infants, and children" established	55983
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	55984
1786, as amended. The director of health may adopt rules pursuant	55985
to Chapter 119. of the Revised Code as necessary for administering	55986
the program. The rules may include civil money penalties for	55987
violations of the rules.	55988

In determining eligibility for services provided under the	55989
program, the department may use the application form established	55990
under section ~~5111.013~~5163.40 of the Revised Code for the healthy	55991
start program. The department may require applicants to furnish	55992
their social security numbers.	55993

If the department determines that a vendor has committed an	55994
act with respect to the program that federal statutes or	55995
regulations or state statutes or rules prohibit, the department	55996
shall take action against the vendor in the manner required by 7	55997
C.F.R. part 246, including imposition of a civil money penalty in	55998
accordance with 7 C.F.R. 246.12, or rules adopted under this	55999
section.	56000

Sec. 3701.243. (A) Except as provided in this section or	56001
section 3701.248 of the Revised Code, no person or agency of state	56002
or local government that acquires the information while providing	56003
any health care service or while in the employ of a health care	56004
facility or health care provider shall disclose or compel another	56005
to disclose any of the following:	56006

(1) The identity of any individual on whom an HIV test is	56007
performed;	56008

(2) The results of an HIV test in a form that identifies the	56009
individual tested;	56010

(3) The identity of any individual diagnosed as having AIDS	56011
or an AIDS-related condition.	56012

(B)(1) Except as provided in divisions (B)(2), (C), (D), and	56013
(F) of this section, the results of an HIV test or the identity of	56014
an individual on whom an HIV test is performed or who is diagnosed	56015
as having AIDS or an AIDS-related condition may be disclosed only	56016
to the following:	56017

(a) The individual who was tested or the individual's legal	56018
guardian, and the individual's spouse or any sexual partner;	56019

(b) A person to whom disclosure is authorized by a written	56020
release, executed by the individual tested or by the individual's	56021
legal guardian and specifying to whom disclosure of the test	56022
results or diagnosis is authorized and the time period during	56023
which the release is to be effective;	56024

56025

(d) The department of health or a health commissioner to	56026
which reports are made under section 3701.24 of the Revised Code;	56027

(e) A health care facility or provider that procures,	56028
processes, distributes, or uses a human body part from a deceased	56029
individual, donated for a purpose specified in Chapter 2108. of	56030
the Revised Code, and that needs medical information about the	56031
deceased individual to ensure that the body part is medically	56032
acceptable for its intended purpose;	56033

(f) Health care facility staff committees or accreditation or	56034
oversight review organizations conducting program monitoring,	56035
program evaluation, or service reviews;	56036

(g) A health care provider, emergency medical services	56037
worker, or peace officer who sustained a significant exposure to	56038
the body fluids of another individual, if that individual was	56039
tested pursuant to division (E)(6) of section 3701.242 of the	56040
Revised Code, except that the identity of the individual tested	56041
shall not be revealed;	56042

(h) To law enforcement authorities pursuant to a search	56043
warrant or a subpoena issued by or at the request of a grand jury,	56044
a prosecuting attorney, a city director of law or similar chief	56045
legal officer of a municipal corporation, or a village solicitor,	56046
in connection with a criminal investigation or prosecution.	56047

(2) The results of an HIV test or a diagnosis of AIDS or an	56048
AIDS-related condition may be disclosed to a health care provider,	56049
or an authorized agent or employee of a health care facility or a	56050
health care provider, if the provider, agent, or employee has a	56051
medical need to know the information and is participating in the	56052
diagnosis, care, or treatment of the individual on whom the test	56053
was performed or who has been diagnosed as having AIDS or an	56054
AIDS-related condition.	56055

This division does not impose a standard of disclosure	56056
different from the standard for disclosure of all other specific	56057
information about a patient to health care providers and	56058
facilities. Disclosure may not be requested or made solely for the	56059
purpose of identifying an individual who has a positive HIV test	56060
result or has been diagnosed as having AIDS or an AIDS-related	56061
condition in order to refuse to treat the individual. Referral of	56062
an individual to another health care provider or facility based on	56063
reasonable professional judgment does not constitute refusal to	56064
treat the individual.	56065

(3) Not later than ninety days after November 1, 1989, each	56066
health care facility in this state shall establish a protocol to	56067
be followed by employees and individuals affiliated with the	56068
facility in making disclosures authorized by division (B)(2) of	56069
this section. A person employed by or affiliated with a health	56070
care facility who determines in accordance with the protocol	56071
established by the facility that a disclosure is authorized by	56072
division (B)(2) of this section is immune from liability to any	56073
person in a civil action for damages for injury, death, or loss to	56074
person or property resulting from the disclosure.	56075

(C)(1) Any person or government agency may seek access to or	56076
authority to disclose the HIV test records of an individual in	56077
accordance with the following provisions:	56078

(a) The person or government agency shall bring an action in	56079
a court of common pleas requesting disclosure of or authority to	56080
disclose the results of an HIV test of a specific individual, who	56081
shall be identified in the complaint by a pseudonym but whose name	56082
shall be communicated to the court confidentially, pursuant to a	56083
court order restricting the use of the name. The court shall	56084
provide the individual with notice and an opportunity to	56085
participate in the proceedings if the individual is not named as a	56086
party. Proceedings shall be conducted in chambers unless the	56087
individual agrees to a hearing in open court.	56088

(b) The court may issue an order granting the plaintiff	56089
access to or authority to disclose the test results only if the	56090
court finds by clear and convincing evidence that the plaintiff	56091
has demonstrated a compelling need for disclosure of the	56092
information that cannot be accommodated by other means. In	56093
assessing compelling need, the court shall weigh the need for	56094
disclosure against the privacy right of the individual tested and	56095
against any disservice to the public interest that might result	56096
from the disclosure, such as discrimination against the individual	56097
or the deterrence of others from being tested.	56098

(c) If the court issues an order, it shall guard against	56099
unauthorized disclosure by specifying the persons who may have	56100
access to the information, the purposes for which the information	56101
shall be used, and prohibitions against future disclosure.	56102

(2) A person or government agency that considers it necessary	56103
to disclose the results of an HIV test of a specific individual in	56104
an action in which it is a party may seek authority for the	56105
disclosure by filing an in camera motion with the court in which	56106
the action is being heard. In hearing the motion, the court shall	56107
employ procedures for confidentiality similar to those specified	56108
in division (C)(1) of this section. The court shall grant the	56109
motion only if it finds by clear and convincing evidence that a	56110
compelling need for the disclosure has been demonstrated.	56111

(3) Except for an order issued in a criminal prosecution or	56112
an order under division (C)(1) or (2) of this section granting	56113
disclosure of the result of an HIV test of a specific individual,	56114
a court shall not compel a blood bank, hospital blood center, or	56115
blood collection facility to disclose the result of HIV tests	56116
performed on the blood of voluntary donors in a way that reveals	56117
the identity of any donor.	56118

(4) In a civil action in which the plaintiff seeks to recover	56119
damages from an individual defendant based on an allegation that	56120
the plaintiff contracted the HIV virus as a result of actions of	56121
the defendant, the prohibitions against disclosure in this section	56122
do not bar discovery of the results of any HIV test given to the	56123
defendant or any diagnosis that the defendant suffers from AIDS or	56124
an AIDS-related condition.	56125

(D) The results of an HIV test or the identity of an	56126
individual on whom an HIV test is performed or who is diagnosed as	56127
having AIDS or an AIDS-related condition may be disclosed to a	56128
federal, state, or local government agency, or the official	56129
representative of such an agency, for purposes of the ~~medical~~	56130
~~assistance~~medicaid program ~~established under section 5111.01 of~~	56131
~~the Revised Code~~, the medicare program ~~established under Title~~	56132
~~XVIII of the "Social Security Act," 49 Stat. 620 (1935) 42~~	56133
~~U.S.C.A. 301, as amended~~, or any other public assistance program.	56134

(E) Any disclosure pursuant to this section shall be in	56135
writing and accompanied by a written statement that includes the	56136
following or substantially similar language: "This information has	56137
been disclosed to you from confidential records protected from	56138
disclosure by state law. You shall make no further disclosure of	56139
this information without the specific, written, and informed	56140
release of the individual to whom it pertains, or as otherwise	56141
permitted by state law. A general authorization for the release of	56142
medical or other information is not sufficient for the purpose of	56143
the release of HIV test results or diagnoses."	56144

(F) An individual who knows that the individual has received	56145
a positive result on an HIV test or has been diagnosed as having	56146
AIDS or an AIDS-related condition shall disclose this information	56147
to any other person with whom the individual intends to make	56148
common use of a hypodermic needle or engage in sexual conduct as	56149
defined in section 2907.01 of the Revised Code. An individual's	56150
compliance with this division does not prohibit a prosecution of	56151
the individual for a violation of division (B) of section 2903.11	56152
of the Revised Code.	56153

(G) Nothing in this section prohibits the introduction of	56154
evidence concerning an HIV test of a specific individual in a	56155
criminal proceeding.	56156

Sec. 3701.261. (A) As used in this section, "state	56157
university" has the same meaning as in section 3345.011 of the	56158
Revised Code.	56159

(B) The director of health shall:

56160

(1) Establish a population-based cancer registry, which shall	56161
be known as the Ohio cancer incidence surveillance system, to	56162
monitor the incidence of various types of malignant diseases in	56163
Ohio, make appropriate epidemiologic studies to determine any	56164
causal relations of such diseases with occupational, nutritional,	56165
environmental, or infectious conditions, and alleviate or	56166
eliminate any such conditions;	56167

(2) Advise, consult, cooperate with, and assist, by contract	56168
or otherwise, agencies of the state and federal government,	56169
agencies of the governments of other states, agencies of political	56170
subdivisions of this state, universities, private organizations,	56171
corporations, and associations for the purposes of division	56172
~~(A)~~(B)(1) of this section;	56173

(3) Accept and administer grants from the federal government	56174
or other sources, public or private, for carrying out any of the	56175
functions enumerated in divisions ~~(A)~~(B)(1) and (2) of this	56176
section.	56177

~~(B)~~(C) The Ohio cancer incidence surveillance system shall	56178
follow a model of cancer data collection as set forth by the	56179
survey epidemiology and end results system (SEERS).	56180

(D) The department may, by contract, designate a state	56181
university as an agent to implement some or all of this section	56182
and section 3701.262 of the Revised Code and the rules adopted	56183
under those sections.	56184

Sec. 3701.262. (A) As used in this section ~~and section~~	56185
~~3701.263 of the Revised Code~~:	56186

(1) "Physician" means a person who holds a valid certificate	56187
issued under Chapter 4731. of the Revised Code authorizing the	56188
person to practice medicine orand surgery or osteopathic medicine	56189
and surgery.	56190

(2) "Dentist" means a person who is licensed under Chapter	56191
4715. of the Revised Code to practice dentistry.	56192

(3) "Hospital" has the same meaning as in section 3727.01 of	56193
the Revised Code.	56194

(4) "Cancer" includes those diseases specified by rule of the	56195
director of health under division (B)(2) of this section.	56196

(B) The director of health shall adopt rules in accordance	56197
with Chapter 119. of the Revised Code to do all of the following:	56198

(1) Establish the Ohio cancer incidence surveillance system	56199
required by section 3701.261 of the Revised Code;	56200

(2) Specify the types of cancer and other tumorous and	56201
precancerous diseases to be reported to the department of health	56202
under division (D) of this section;	56203

(3) Establish reporting requirements for information	56204
concerning diagnosed cancer cases as the director considers	56205
necessary to conduct epidemiologic surveys of cancer in this	56206
state;	56207

(4) Establish standards that must be met by research projects	56208
to be eligible to receive information concerning individual cancer	56209
patients from the department of health ~~under division (B) of~~	56210
~~section 3701.263 of the Revised Code~~.	56211

(C) The department of health shall record in the registry all	56212
reports of cancer received by it. In the development and	56213
administration of the cancer registry the department may use	56214
information compiled by public or private cancer registries and	56215
may contract for the collection and analysis of, and research	56216
related to, the information recorded under this section.	56217

(D)(1) Each physician, dentist, hospital, or person providing	56218
diagnostic or treatment services to patients with cancer shall	56219
report each case of cancer to the department. Any person required	56220
to report pursuant to this section may elect to report to the	56221
department through an existing cancer registry if the registry	56222
meets the reporting standards established by the director and	56223
reports to the department.	56224

(2) No person shall fail to make the cancer reports required	56225
by division (D)(1) of this section.	56226

(E) All physicians, dentists, hospitals, or persons providing	56227
diagnostic or treatment services to patients with cancer shall	56228
grant to the department or its authorized representative access to	56229
all records that identify cases of cancer or establish	56230
characteristics of cancer, the treatment of cancer, or the medical	56231
status of any identified cancer patient.	56232

(F) The Arthur G. James cancer hospital and Richard J. Solove	56233
research institute of the Ohio state university, shall analyze and	56234
evaluate the cancer reports collected pursuant to this section.	56235
The department shall publish and make available to the public	56236
reports summarizing the information collected. Reports shall be	56237
made on a calendar year basis and published not later than ninety	56238
days after the end of each calendar year.	56239

(G) Furnishing information, including records, reports,	56240
statements, notes, memoranda, or other information, to the	56241
department of health, either voluntarily or as required by this	56242
section, or to a person or governmental entity designated as a	56243
medical research project by the department, does not subject a	56244
physician, dentist, hospital, or person providing diagnostic or	56245
treatment services to patients with cancer to liability in an	56246
action for damages or other relief for furnishing the information.	56247

(H) This section does not affect the authority of any person	56248
or facility providing diagnostic or treatment services to patients	56249
with cancer to maintain facility-based tumor registries, in	56250
addition to complying with the reporting requirements of this	56251
section.	56252

~~(I) No person shall fail to make the cancer reports required~~	56253
~~by division (D) of this section.~~	56254

Sec. 3701.264. There is hereby created the Ohio cancer	56255
incidence surveillance system advisory board. The board shall	56256
consist of the director of health, who shall serve as chair of the	56257
board, and one representative, appointed by the governor, from	56258
each medical school accredited by the liaison committee on medical	56259
education and each osteopathic medical school accredited by the	56260
American osteopathic association in Ohio. In addition, the	56261
director of health shall appoint up to three additional members of	56262
the board. Vacancies on the board shall be filled in the same	56263
manner as the initial appointments. Members shall serve without	56264
compensation.	56265

The board shall provide oversight of the collection and	56266
analysis of data by the Ohio cancer incidence surveillance system	56267
to the director of health and the Arthur G. James cancer hospital	56268
and Richard J. Solove research institute of the Ohio state	56269
university and advise in the implementation of sections 3701.261	56270
~~to 3701.263~~and 3701.262 of the Revised Code. The board shall meet	56271
and conduct its business as directed by the chair.	56272

~~The board shall report to the finance committees of both~~	56273
~~houses of the general assembly, not later than March 1, 2001, on~~	56274
~~the progress made in implementing sections 3701.261 to 3701.263 of~~	56275
~~the Revised Code.~~	56276

The board is not subject to sections 101.82 to 101.87 of the	56277
Revised Code.	56278

Sec. 3701.342. ~~After consultation with the public health~~	56279
~~standards task force established under section 3701.343 of the~~	56280
~~Revised Code, the~~The director of health shall adopt rules	56281
establishing minimum standards and optimum achievable standards	56282
for boards of health and local health departments. The minimum	56283
standards shall assure that boards of health and local health	56284
departments provide for:	56285

(A) Analysis and prevention of communicable disease;

56286

(B) Analysis of the causes of, and appropriate treatment for,	56287
the leading causes of morbidity and mortality;	56288

(C) The administration and management of the local health	56289
department;	56290

(D) Access to primary health care by medically underserved	56291
individuals;	56292

(E) Environmental health management programs;

56293

(F) Health promotion services designed to encourage	56294
individual and community wellness;	56295

(G) Annual completion of two continuing education units by	56296
each member of a board of health.	56297

The director shall adopt rules establishing a formula for	56298
distribution of state health district subsidy funds to boards of	56299
health and local health departments. The formula shall provide no	56300
subsidy funds to a board or department unless it meets minimum	56301
standards and shall provide higher funding levels for boards and	56302
districts that meet optimum achievable standards.	56303

Notwithstanding section 119.03 of the Revised Code, rules	56304
adopted under this section shall not take effect unless approved	56305
by concurrent resolution of the general assembly.	56306

Sec. 3701.344. As used in this section and sections	56307
3701.345, 3701.346, and 3701.347 of the Revised Code:	56308

(A) "Private water system" means any water system for the	56309
provision of water for human consumption, if such system has fewer	56310
than fifteen service connections and does not regularly serve an	56311
average of at least twenty-five individuals daily at least sixty	56312
days out of the year. A private water system includes any well,	56313
spring, cistern, pond, or hauled water and any equipment for the	56314
collection, transportation, filtration, disinfection, treatment,	56315
or storage of such water extending from and including the source	56316
of the water to the point of discharge from any pressure tank or	56317
other storage vessel; to the point of discharge from the water	56318
pump where no pressure tank or other storage vessel is present;	56319
or, in the case of multiple service connections serving more than	56320
one dwelling, to the point of discharge from each service	56321
connection. "Private water system" does not include the water	56322
service line extending from the point of discharge to a structure.	56323

(B) Notwithstanding section 3701.347 of the Revised Code and	56324
subject to division (C) of this section, rules adopted by the	56325
director of health regarding private water systems shall provide	56326
for the following:	56327

(1) Except as otherwise provided in this division, boards of	56328
health of city or general health districts shall be given the	56329
exclusive power to establish fees in accordance with section	56330
3709.09 of the Revised Code for administering and enforcing such	56331
rules. Such fees shall establish a different rate for	56332
administering and enforcing the rules relative to private water	56333
systems serving single-family dwelling houses and nonsingle-family	56334
dwelling houses. Except for an amount established by the director,	56335
pursuant to division (B)(5) of this section, for each new private	56336
water system installation, no portion of any fee for administering	56337
and enforcing such rules shall be returned to the department of	56338
health. If the director of health determines that a board of	56339
health of a city or general health district is unable to	56340
administer and enforce a private water system program in the	56341
district, the director shall administer and enforce such a program	56342
in the district and establish fees for such administration and	56343
enforcement.	56344

(2) Boards of health of city or general health districts	56345
shall be given the exclusive power to determine the number of	56346
inspections necessary for determining the safe drinking	56347
characteristics of a private water system.	56348

(3) Private water systems contractors, as a condition of	56349
doing business in this state, shall annually register with, and	56350
comply with surety bonding requirements of, the department of	56351
health. No such contractor shall be permitted to register if the	56352
contractor fails to comply with all applicable rules adopted by	56353
the director and the board of health of the city or general health	56354
district. The annual registration fee for private water systems	56355
contractors shall be sixty-five dollars. The director, by rule	56356
adopted in accordance with Chapter 119. of the Revised Code, may	56357
increase the annual registration fee.	56358

(4) Subject to rules adopted by the director, boards of	56359
health of city or general health districts shall have the option	56360
of determining whether bacteriological examinations shall be	56361
performed at approved laboratories of the state or at approved	56362
private laboratories.	56363

(5) The director may establish fees for each new private	56364
water system installation, which shall be collected by the	56365
appropriate board of health and transmitted to the director	56366
pursuant to section 3709.092 of the Revised Code.	56367

(6) All fees received by the director of health under	56368
divisions (B)(1), (3), and (5) of this section shall be deposited	56369
in the state treasury to the credit of the general operations fund	56370
created in section 3701.83 of the Revised Code for use in the	56371
administration and enforcement of sections 3701.344 to 3701.347 of	56372
the Revised Code and the rules pertaining to private water systems	56373
adopted under those sections.	56374

(C) To the extent that rules adopted under division (B) of	56375
this section require health districts to follow specific	56376
procedures or use prescribed forms, no such procedure or form	56377
shall be implemented until it is approved by majority vote of an	56378
approval board of health commissioners, hereby created. Members of	56379
the board shall be the officers of the association of Ohio health	56380
commissioners, or any successor organization, and membership on	56381
the board shall be coterminous with holding an office of the	56382
association. No health district is required to follow a procedure	56383
or use a form required by a rule adopted under division (B) of	56384
this section without the approval of the board.	56385

(D) A board of health shall collect well log filing fees on	56386
behalf of the division of soil and water resources in the	56387
department of natural resources in accordance with section 1521.05	56388
of the Revised Code and rules adopted under it. The fees shall be	56389
submitted to the division quarterly as provided in those rules.	56390

(E) A water system that does not provide water for human	56391
consumption shall not be required to obtain a permit or license	56392
issued under, pay any fees assessed or levied under, or comply	56393
with any rule adopted under sections 3701.34 to 3701.347 of the	56394
Revised Code.	56395

Sec. 3701.507. (A) To assist in implementing sections	56396
3701.503 to 3701.509 of the Revised Code, the medically	56397
handicapped children's medical advisory council created in section	56398
3701.025 of the Revised Code shall appoint a permanent infant	56399
hearing screening subcommittee. The subcommittee shall consist of	56400
the following members:	56401

(1) One otolaryngologist;

56402

(2) One neonatologist;

56403

(3) One pediatrician;

56404

(4) One neurologist;

56405

(5) One hospital administrator;

56406

(6) Two or more audiologists who are experienced in infant	56407
hearing screening and evaluation;	56408

(7) One speech-language pathologist licensed under section	56409
4753.07 of the Revised Code;	56410

(8) Two persons who are each a parent of a hearing-impaired	56411
child;	56412

(9) One geneticist;

56413

(10) One epidemiologist;

56414

(11) One adult who is deaf or hearing impaired;

56415

(12) One representative from an organization for the deaf or	56416
hearing impaired;	56417

(13) One family advocate;

56418

(14) One nurse from a well-baby neonatal nursery;

56419

(15) One nurse from a special care neonatal nursery;

56420

(16) One teacher of the deaf who works with infants and	56421
toddlers;	56422

(17) One representative of the health insurance industry;

56423

(18) One representative of the bureau for children with	56424
medical handicaps;	56425

(19) One representative of the department of education;

56426

(20) One representative of the ~~Ohio~~ department of ~~job and~~	56427
~~family services who has responsibilities regarding~~ medicaid;	56428

(21) Any other person the advisory council appoints.

56429

(B) The infant hearing subcommittee shall:

56430

(1) Consult with the director of health regarding the	56431
administration of sections 3701.503 to 3701.509 of the Revised	56432
Code;	56433

(2) Advise and make recommendations regarding proposed rules	56434
prior to their adoption by the director under section 3701.508 of	56435
the Revised Code;	56436

(3) Consult with the director of health and advise and make	56437
recommendations regarding program development and implementation	56438
under sections 3701.503 to 3701.509 of the Revised Code, including	56439
all of the following:	56440

(a) Establishment under section 3701.504 of the Revised Code	56441
of the statewide hearing screening, tracking, and early	56442
intervention program to identify newborn and infant hearing	56443
impairment;	56444

(b) Identification of locations where hearing evaluations may	56445
be conducted;	56446

(c) Recommendations for methods and techniques of hearing	56447
screening and hearing evaluation;	56448

(d) Referral, data recording and compilation, and procedures	56449
to encourage follow-up hearing care;	56450

(e) Maintenance of a register of newborns and infants who do	56451
not pass the hearing screening;	56452

(f) Preparation of the information required by section	56453
3701.506 of the Revised Code.	56454

Sec. 3701.5010. (A) As used in this section:

56455

(1) "Critical congenital heart defects screening" means the	56456
identification of a newborn that may have a critical congenital	56457
heart defect, through the use of a physiologic test;	56458

(2) "Freestanding birthing center" has the same meaning as in	56459
section 3702.141 of the Revised Code;	56460

(3) "Hospital," "maternity unit," "newborn," and "physician"	56461
have the same meanings as in section 3701.503 of the Revised Code.	56462

(B) Except as provided in division (C) of this section, each	56463
hospital and each freestanding birthing center shall conduct a	56464
critical congenital heart defects screening on each newborn born	56465
in the hospital or center, unless the newborn is being transferred	56466
to another hospital. The screening shall be performed after the	56467
newborn reaches twenty-four hours of age but before discharge. If	56468
the newborn is transferred to another hospital, that hospital	56469
shall conduct the screening when determined to be medically	56470
appropriate.	56471

The hospital or center shall promptly notify the newborn's	56472
parent, guardian, or custodian and attending physician of the	56473
screening results. The hospital or center shall notify the	56474
department of health of the screening results for each newborn	56475
screened.	56476

(C) A hospital or freestanding birthing center shall not	56477
conduct a critical congenital heart defects screening if the	56478
newborn's parent objects on the grounds that the screening	56479
conflicts with the parent's religious tenets and practices.	56480

(D) The director of health shall establish and maintain a	56481
statewide tracking and monitoring system to ensure that universal	56482
critical congenital heart defects screening is implemented.	56483

(E) The director shall adopt rules in accordance with Chapter	56484
119. of the Revised Code establishing standards and procedures for	56485
the screening required by this section, including all of the	56486
following:	56487

(1) Identifying the critical congenital heart defects to be	56488
included in the screening;	56489

(2) Specifying equipment to be used for and methods of	56490
screening for critical congenital heart defects;	56491

(3) Designating the person or persons who will be responsible	56492
for causing screenings and rescreenings to be performed;	56493

(4) Providing notice to the newborn's parent, guardian, or	56494
custodian of the required initial screening and the possibility	56495
that rescreenings may be necessary;	56496

(5) Communicating to the newborn's parent, guardian, or	56497
custodian and attending physician the results of the screening and	56498
any rescreenings;	56499

(6) Causing rescreenings to be performed when initial	56500
screenings have abnormal results;	56501

(7) Referring newborns who receive abnormal screening or	56502
rescreening results to providers of follow-up services.	56503

Sec. 3701.541. As used in this section, "board of health"	56504
means the board of health of a city or general health district or	56505
the authority having the duties of a board of health under section	56506
3709.05 of the Revised Code.	56507

Any state funds or funds from the federal government	56508
distributed by the department of health to a board of health or a	56509
city or general health district shall be distributed directly to	56510
the board or district. The department shall not distribute any	56511
such funds on a regional basis.	56512

Sec. 3701.74. (A) As used in this section and section	56513
3701.741 of the Revised Code:	56514

(1) "Ambulatory care facility" means a facility that provides	56515
medical, diagnostic, or surgical treatment to patients who do not	56516
require hospitalization, including a dialysis center, ambulatory	56517
surgical facility, cardiac catheterization facility, diagnostic	56518
imaging center, extracorporeal shock wave lithotripsy center, home	56519
health agency, inpatient hospice, birthing center, radiation	56520
therapy center, emergency facility, and an urgent care center.	56521
"Ambulatory care facility" does not include the private office of	56522
a physician or dentist, whether the office is for an individual or	56523
group practice.	56524

(2) "Chiropractor" means an individual licensed under Chapter	56525
4734. of the Revised Code to practice chiropractic.	56526

(3) "Emergency facility" means a hospital emergency	56527
department or any other facility that provides emergency medical	56528
services.	56529

(4) "Health care practitioner" means all of the following:

56530

(a) A dentist or dental hygienist licensed under Chapter	56531
4715. of the Revised Code;	56532

(b) A registered or licensed practical nurse licensed under	56533
Chapter 4723. of the Revised Code;	56534

(c) An optometrist licensed under Chapter 4725. of the	56535
Revised Code;	56536

(d) A dispensing optician, spectacle dispensing optician,	56537
contact lens dispensing optician, or spectacle-contact lens	56538
dispensing optician licensed under Chapter 4725. of the Revised	56539
Code;	56540

(e) A pharmacist licensed under Chapter 4729. of the Revised	56541
Code;	56542

(f) A physician;

56543

(g) A physician assistant authorized under Chapter 4730. of	56544
the Revised Code to practice as a physician assistant;	56545

(h) A practitioner of a limited branch of medicine issued a	56546
certificate under Chapter 4731. of the Revised Code;	56547

(i) A psychologist licensed under Chapter 4732. of the	56548
Revised Code;	56549

(j) A chiropractor;

56550

(k) A hearing aid dealer or fitter licensed under Chapter	56551
4747. of the Revised Code;	56552

(l) A speech-language pathologist or audiologist licensed	56553
under Chapter 4753. of the Revised Code;	56554

(m) An occupational therapist or occupational therapy	56555
assistant licensed under Chapter 4755. of the Revised Code;	56556

(n) A physical therapist or physical therapy assistant	56557
licensed under Chapter 4755. of the Revised Code;	56558

(o) A professional clinical counselor, professional	56559
counselor, social worker, or independent social worker licensed,	56560
or a social work assistant registered, under Chapter 4757. of the	56561
Revised Code;	56562

(p) A dietitian licensed under Chapter 4759. of the Revised	56563
Code;	56564

(q) A respiratory care professional licensed under Chapter	56565
4761. of the Revised Code;	56566

(r) An emergency medical technician-basic, emergency medical	56567
technician-intermediate, or emergency medical technician-paramedic	56568
certified under Chapter 4765. of the Revised Code.	56569

(5) "Health care provider" means a hospital, ambulatory care	56570
facility, long-term care facility, pharmacy, emergency facility,	56571
or health care practitioner.	56572

(6) "Hospital" has the same meaning as in section 3727.01 of	56573
the Revised Code.	56574

(7) "Long-term care facility" means a nursing home,	56575
residential care facility, or home for the aging, as those terms	56576
are defined in section 3721.01 of the Revised Code; a residential	56577
facility licensed under section ~~5119.22~~5119.34 of the Revised	56578
Code that provides accommodations, supervision, and personal care	56579
services for three to sixteen unrelated adults; a nursing facility	56580
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	56581
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	56582
~~a facility or portion of a facility certified as~~ a skilled nursing	56583
facility ~~under Title XVIII of the "Social Security Act," 49 Stat.~~	56584
~~286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in section	56585
5165.01 of the Revised Code; and an intermediate care facility for	56586
the mentally retarded, as defined in section 5124.01 of the	56587
Revised Code.	56588

(8) "Medical record" means data in any form that pertains to	56589
a patient's medical history, diagnosis, prognosis, or medical	56590
condition and that is generated and maintained by a health care	56591
provider in the process of the patient's health care treatment.	56592

(9) "Medical records company" means a person who stores,	56593
locates, or copies medical records for a health care provider, or	56594
is compensated for doing so by a health care provider, and charges	56595
a fee for providing medical records to a patient or patient's	56596
representative.	56597

(10) "Patient" means either of the following:

56598

(a) An individual who received health care treatment from a	56599
health care provider;	56600

(b) A guardian, as defined in section 1337.11 of the Revised	56601
Code, of an individual described in division (A)(10)(a) of this	56602
section.	56603

(11) "Patient's personal representative" means a minor	56604
patient's parent or other person acting in loco parentis, a	56605
court-appointed guardian, or a person with durable power of	56606
attorney for health care for a patient, the executor or	56607
administrator of the patient's estate, or the person responsible	56608
for the patient's estate if it is not to be probated. "Patient's	56609
personal representative" does not include an insurer authorized	56610
under Title XXXIX of the Revised Code to do the business of	56611
sickness and accident insurance in this state, a health insuring	56612
corporation holding a certificate of authority under Chapter 1751.	56613
of the Revised Code, or any other person not named in this	56614
division.	56615

(12) "Pharmacy" has the same meaning as in section 4729.01 of	56616
the Revised Code.	56617

(13) "Physician" means a person authorized under Chapter	56618
4731. of the Revised Code to practice medicine and surgery,	56619
osteopathic medicine and surgery, or podiatric medicine and	56620
surgery.	56621

(14) "Authorized person" means a person to whom a patient has	56622
given written authorization to act on the patient's behalf	56623
regarding the patient's medical record.	56624

(B) A patient, a patient's personal representative or an	56625
authorized person who wishes to examine or obtain a copy of part	56626
or all of a medical record shall submit to the health care	56627
provider a written request signed by the patient, personal	56628
representative, or authorized person dated not more than one year	56629
before the date on which it is submitted. The request shall	56630
indicate whether the copy is to be sent to the requestor,	56631
physician or chiropractor, or held for the requestor at the office	56632
of the health care provider. Within a reasonable time after	56633
receiving a request that meets the requirements of this division	56634
and includes sufficient information to identify the record	56635
requested, a health care provider that has the patient's medical	56636
records shall permit the patient to examine the record during	56637
regular business hours without charge or, on request, shall	56638
provide a copy of the record in accordance with section 3701.741	56639
of the Revised Code, except that if a physician or chiropractor	56640
who has treated the patient determines for clearly stated	56641
treatment reasons that disclosure of the requested record is	56642
likely to have an adverse effect on the patient, the health care	56643
provider shall provide the record to a physician or chiropractor	56644
designated by the patient. The health care provider shall take	56645
reasonable steps to establish the identity of the person making	56646
the request to examine or obtain a copy of the patient's record.	56647

(C) If a health care provider fails to furnish a medical	56648
record as required by division (B) of this section, the patient,	56649
personal representative, or authorized person who requested the	56650
record may bring a civil action to enforce the patient's right of	56651
access to the record.	56652

(D)(1) This section does not apply to medical records whose	56653
release is covered by section 173.20 or 3721.13 of the Revised	56654
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	56655
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	56656
Records," or by 42 C.F.R. 483.10.	56657

(2) Nothing in this section is intended to supersede the	56658
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	56659
and 2305.252 of the Revised Code.	56660

Sec. 3701.741. (A) Each health care provider and medical	56661
records company shall provide copies of medical records in	56662
accordance with this section.	56663

(B) Except as provided in divisions (C) and (E) of this	56664
section, a health care provider or medical records company that	56665
receives a request for a copy of a patient's medical record shall	56666
charge not more than the amounts set forth in this section.	56667

(1) If the request is made by the patient or the patient's	56668
personal representative, total costs for copies and all services	56669
related to those copies shall not exceed the sum of the following:	56670

(a) Except as provided in division (B)(1)(b) of this section,	56671
with respect to data recorded on paper or electronically, the	56672
following amounts adjusted in accordance with section 3701.742 of	56673
the Revised Code:	56674

(i) Two dollars and seventy-four cents per page for the first	56675
ten pages;	56676

(ii) Fifty-seven cents per page for pages eleven through	56677
fifty;	56678

(iii) Twenty-three cents per page for pages fifty-one and	56679
higher;	56680

(b) With respect to data resulting from an x-ray, magnetic	56681
resonance imaging (MRI), or computed axial tomography (CAT) scan	56682
and recorded on paper or film, one dollar and eighty-seven cents	56683
per page;	56684

(c) The actual cost of any related postage incurred by the	56685
health care provider or medical records company.	56686

(2) If the request is made other than by the patient or the	56687
patient's personal representative, total costs for copies and all	56688
services related to those copies shall not exceed the sum of the	56689
following:	56690

(a) An initial fee of sixteen dollars and eighty-four cents	56691
adjusted in accordance with section 3701.742 of the Revised Code,	56692
which shall compensate for the records search;	56693

(b) Except as provided in division (B)(2)(c) of this section,	56694
with respect to data recorded on paper or electronically, the	56695
following amounts adjusted in accordance with section 3701.742 of	56696
the Revised Code:	56697

(i) One dollar and eleven cents per page for the first ten	56698
pages;	56699

(ii) Fifty-seven cents per page for pages eleven through	56700
fifty;	56701

(iii) Twenty-three cents per page for pages fifty-one and	56702
higher.	56703

(c) With respect to data resulting from an x-ray, magnetic	56704
resonance imaging (MRI), or computed axial tomography (CAT) scan	56705
and recorded on paper or film, one dollar and eighty-seven cents	56706
per page;	56707

(d) The actual cost of any related postage incurred by the	56708
health care provider or medical records company.	56709

(C)(1) On request, a health care provider or medical records	56710
company shall provide one copy of the patient's medical record and	56711
one copy of any records regarding treatment performed subsequent	56712
to the original request, not including copies of records already	56713
provided, without charge to the following:	56714

(a) The bureau of workers' compensation, in accordance with	56715
Chapters 4121. and 4123. of the Revised Code and the rules adopted	56716
under those chapters;	56717

(b) The industrial commission, in accordance with Chapters	56718
4121. and 4123. of the Revised Code and the rules adopted under	56719
those chapters;	56720

(c) The department of ~~job and family services~~medicaid or a	56721
county department of job and family services, in accordance with	56722
Chapters ~~5101.~~5160., 5161., 5162., 5163., 5164., 5165., 5166.,	56723
and ~~5111.~~5167. of the Revised Code and the rules adopted under	56724
those chapters;	56725

(d) The attorney general, in accordance with sections 2743.51	56726
to 2743.72 of the Revised Code and any rules that may be adopted	56727
under those sections;	56728

(e) A patient, patient's personal representative, or	56729
authorized person if the medical record is necessary to support a	56730
claim under Title II or Title XVI of the "Social Security Act," 49	56731
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the	56732
request is accompanied by documentation that a claim has been	56733
filed.	56734

(2) Nothing in division (C)(1) of this section requires a	56735
health care provider or medical records company to provide a copy	56736
without charge to any person or entity not listed in division	56737
(C)(1) of this section.	56738

(D) Division (C) of this section shall not be construed to	56739
supersede any rule of the bureau of workers' compensation, the	56740
industrial commission, or the department of ~~job and family~~	56741
~~services~~medicaid.	56742

(E) A health care provider or medical records company may	56743
enter into a contract with either of the following for the copying	56744
of medical records at a fee other than as provided in division (B)	56745
of this section:	56746

(1) A patient, a patient's personal representative, or an	56747
authorized person;	56748

(2) An insurer authorized under Title XXXIX of the Revised	56749
Code to do the business of sickness and accident insurance in this	56750
state or health insuring corporations holding a certificate of	56751
authority under Chapter 1751. of the Revised Code.	56752

(F) This section does not apply to medical records the	56753
copying of which is covered by section 173.20 of the Revised Code	56754
or by 42 C.F.R. 483.10.	56755

Sec. 3701.742. ~~Not later than January 31, 2006, the~~The	56756
amounts specified in division (B) of section 3701.741 of the	56757
Revised Code ~~and, not later than the first day of January of each~~	56758
~~year thereafter,~~shall be adjusted annually in accordance with	56759
this section. These amounts plus any amounts previously computed	56760
by annual adjustments made under this section, shall be increased	56761
or decreased by the average percentage of increase or decrease in	56762
the consumer price index for all urban consumers (United States	56763
city average, all items), prepared by the United States department	56764
of labor, bureau of labor statistics, for the	56765
~~twelve-calendar-month period prior to the~~ immediately preceding	56766
~~first day of January~~calendar year over the calendar year	56767
immediately preceding ~~twelve-calendar-month period~~that year, as	56768
reported by the bureau. The director of health shall make this	56769
determination and adjust the amounts accordingly. The director	56770
shall ~~provide a list of the adjusted amounts to any party upon~~	56771
~~request and the department of health shall~~ make ~~the~~a list of the	56772
adjusted amounts available to the public on ~~its~~the internet web	56773
site maintained by the department of health.	56774

Sec. 3701.78. (A) There is hereby created the commission on	56775
minority health, consisting of twenty-one members. The governor	56776
shall appoint to the commission nine members from among health	56777
researchers, health planners, and health professionals. The	56778
governor also shall appoint two members who are representatives of	56779
the lupus awareness and education program. The speaker of the	56780
house of representatives shall appoint to the commission two	56781
members of the house of representatives, not more than one of whom	56782
is a member of the same political party, and the president of the	56783
senate shall appoint to the commission two members of the senate,	56784
not more than one of whom is a member of the same political party.	56785
The following shall be members of the commission: the directors of	56786
health, ~~mental health~~mental health and addiction services,	56787
developmental disabilities, ~~alcohol and drug addiction services,~~	56788
and job and family services, or their designees,; the medicaid	56789
director, or the director's designee; and the superintendent of	56790
public instruction, or the superintendent's designee~~, shall be~~	56791
~~members of the commission~~. ~~The~~	56792

The commission shall elect a chairperson from among its	56793
members. Of	56794

Of the members appointed by the governor, five shall be	56795
appointed to initial terms of one year, and four shall be	56796
appointed to initial terms of two years. Thereafter, all members	56797
appointed by the governor shall be appointed to terms of two	56798
years. All members of the commission appointed by the speaker of	56799
the house of representatives or the president of the senate shall	56800
be nonvoting members of the commission and be appointed within	56801
thirty days after the commencement of the first regular session of	56802
each general assembly, and shall serve until the expiration of the	56803
session of the general assembly during which they were appointed.	56804
~~Members~~	56805

Members of the commission shall serve without compensation,	56806
but shall be reimbursed for the actual and necessary expenses they	56807
incur in the performance of their official duties.	56808

(B) The commission shall promote health and the prevention of	56809
disease among members of minority groups. Each year the commission	56810
shall distribute grants from available funds to community-based	56811
health groups to be used to promote health and the prevention of	56812
disease among members of minority groups. As used in this	56813
division, "minority group" means any of the following economically	56814
disadvantaged groups: Blacks, American Indians, Hispanics, and	56815
Orientals. The commission shall adopt and maintain rules pursuant	56816
to Chapter 119. of the Revised Code to provide for the	56817
distribution of these grants. No group shall qualify to receive a	56818
grant from the commission unless it receives at least twenty per	56819
cent of its funds from sources other than grants distributed under	56820
this section.	56821

(C) The commission may appoint such employees as it considers	56822
necessary to carry out its duties under this section. The	56823
department of health shall provide office space for the	56824
commission.	56825

(D) The commission shall meet at the call of its chairperson	56826
to conduct its official business. A majority of the voting members	56827
of the commission constitute a quorum. The votes of at least eight	56828
voting members of the commission are necessary for the commission	56829
to take any official action or to approve the distribution of	56830
grants under this section.	56831

Sec. 3701.83. (A) There is hereby created in the state	56832
treasury the general operations fund. Moneys in the fund shall be	56833
used for the purposes specified in sections 3701.04, 3701.344,	56834
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	56835
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	56836
3749.04, 3749.07, 4747.04, ~~4751.04,~~ and 4769.09 of the Revised	56837
Code.	56838

(B) The alcohol testing program fund is hereby created in the	56839
state treasury. The director of health shall use the fund to	56840
administer and enforce the alcohol testing and permit program	56841
authorized by section 3701.143 of the Revised Code.	56842

The fund shall receive transfers from the liquor control fund	56843
created under section 4301.12 of the Revised Code. All investment	56844
earnings of the alcohol testing program fund shall be credited to	56845
the fund.	56846

Sec. 3701.881. (A) As used in this section:

56847

(1) "Applicant" means a person who is under final	56848
consideration for employment with a home health agency in a	56849
full-time, part-time, or temporary position that involves	56850
providing direct care to an individual or is referred to a home	56851
health agency by an employment service for such a position.	56852

(2) "Community-based long-term care ~~agency~~provider" ~~has the~~	56853
~~same meaning~~means a provider as defined in section 173.39 of the	56854
Revised Code.	56855

(3) "Community-based long-term care subcontractor" means a	56856
subcontractor as defined in section 173.38 of the Revised Code.	56857

(4) "Criminal records check" has the same meaning as in	56858
section 109.572 of the Revised Code.	56859

~~(4)~~(5) "Direct care" means any of the following:

56860

(a) Any service identified in divisions (A)~~(7)~~(8)(a) to (f)	56861
of this section that is provided in a patient's place of residence	56862
used as the patient's home;	56863

(b) Any activity that requires the person performing the	56864
activity to be routinely alone with a patient or to routinely have	56865
access to a patient's personal property or financial documents	56866
regarding a patient;	56867

(c) For each home health agency individually, any other	56868
routine service or activity that the chief administrator of the	56869
home health agency designates as direct care.	56870

~~(5)~~(6) "Disqualifying offense" means any of the offenses	56871
listed or described in divisions (A)(3)(a) to (e) of section	56872
109.572 of the Revised Code.	56873

~~(6)~~(7) "Employee" means a person employed by a home health	56874
agency in a full-time, part-time, or temporary position that	56875
involves providing direct care to an individual and a person who	56876
works in such a position due to being referred to a home health	56877
agency by an employment service.	56878

~~(7)~~(8) "Home health agency" means a person or government	56879
entity, other than a nursing home, residential care facility,	56880
hospice care program, or pediatric respite care program, that has	56881
the primary function of providing any of the following services to	56882
a patient at a place of residence used as the patient's home:	56883

(a) Skilled nursing care;

56884

(b) Physical therapy;

56885

56886

(d) Occupational therapy;

56887

(e) Medical social services;

56888

(f) Home health aide services.

56889

~~(8)~~(9) "Home health aide services" means any of the following	56890
services provided by an employee of a home health agency:	56891

(a) Hands-on bathing or assistance with a tub bath or shower;

56892

(b) Assistance with dressing, ambulation, and toileting;

56893

56894

(d) Meal preparation and feeding.

56895

~~(9)~~(10) "Hospice care program" and "pediatric respite care	56896
program" have the same meanings as in section 3712.01 of the	56897
Revised Code.	56898

~~(10)~~(11) "Medical social services" means services provided by	56899
a social worker under the direction of a patient's attending	56900
physician.	56901

~~(11)~~(12) "Minor drug possession offense" has the same meaning	56902
as in section 2925.01 of the Revised Code.	56903

~~(12)~~(13) "Nursing home," "residential care facility," and	56904
"skilled nursing care" have the same meanings as in section	56905
3721.01 of the Revised Code.	56906

~~(13)~~(14) "Occupational therapy" has the same meaning as in	56907
section 4755.04 of the Revised Code.	56908

~~(14)~~(15) "Physical therapy" has the same meaning as in	56909
section 4755.40 of the Revised Code.	56910

~~(15)~~(16) "Social worker" means a person licensed under	56911
Chapter 4757. of the Revised Code to practice as a social worker	56912
or independent social worker.	56913

~~(16)~~(17) "Speech-language pathology" has the same meaning as	56914
in section 4753.01 of the Revised Code.	56915

~~(17)~~(18) "Waiver agency" has the same meaning as in section	56916
~~5111.033~~5164.342 of the Revised Code.	56917

(B) No home health agency shall employ an applicant or	56918
continue to employ an employee in a position that involves	56919
providing direct care to an individual if any of the following	56920
apply:	56921

(1) A review of the databases listed in division (D) of this	56922
section reveals any of the following:	56923

(a) That the applicant or employee is included in one or more	56924
of the databases listed in divisions (D)(1) to (5) of this	56925
section;	56926

(b) That there is in the state nurse aide registry	56927
established under section 3721.32 of the Revised Code a statement	56928
detailing findings by the director of health that the applicant or	56929
employee neglected or abused a long-term care facility or	56930
residential care facility resident or misappropriated property of	56931
such a resident;	56932

(c) That the applicant or employee is included in one or more	56933
of the databases, if any, specified in rules adopted under this	56934
section and the rules prohibit the home health agency from	56935
employing an applicant or continuing to employ an employee	56936
included in such a database in a position that involves providing	56937
direct care to an individual.	56938

(2) After the applicant or employee is provided, pursuant to	56939
division (E)(2)(a) of this section, a copy of the form prescribed	56940
pursuant to division (C)(1) of section 109.572 of the Revised Code	56941
and the standard impression sheet prescribed pursuant to division	56942
(C)(2) of that section, the applicant or employee fails to	56943
complete the form or provide the applicant's or employee's	56944
fingerprint impressions on the standard impression sheet.	56945

(3) Except as provided in rules adopted under this section,	56946
the applicant or employee is found by a criminal records check	56947
required by this section to have been convicted of, pleaded guilty	56948
to, or been found eligible for intervention in lieu of conviction	56949
for a disqualifying offense.	56950

(C) Except as provided by division (F) of this section, the	56951
chief administrator of a home health agency shall inform each	56952
applicant of both of the following at the time of the applicant's	56953
initial application for employment or referral to the home health	56954
agency by an employment service for a position that involves	56955
providing direct care to an individual:	56956

(1) That a review of the databases listed in division (D) of	56957
this section will be conducted to determine whether the home	56958
health agency is prohibited by division (B)(1) of this section	56959
from employing the applicant in the position;	56960

(2) That, unless the database review reveals that the	56961
applicant may not be employed in the position, a criminal records	56962
check of the applicant will be conducted and the applicant is	56963
required to provide a set of the applicant's fingerprint	56964
impressions as part of the criminal records check.	56965

(D) As a condition of employing any applicant in a position	56966
that involves providing direct care to an individual, the chief	56967
administrator of a home health agency shall conduct a database	56968
review of the applicant in accordance with rules adopted under	56969
this section. If rules adopted under this section so require, the	56970
chief administrator of a home health agency shall conduct a	56971
database review of an employee in accordance with the rules as a	56972
condition of continuing to employ the employee in a position that	56973
involves providing direct care to an individual. However, the	56974
chief administrator is not required to conduct a database review	56975
of an applicant or employee if division (F) of this section	56976
applies. A database review shall determine whether the applicant	56977
or employee is included in any of the following:	56978

(1) The excluded parties list system that is maintained by	56979
the United States general services administration pursuant to	56980
subpart 9.4 of the federal acquisition regulation and available at	56981
the federal web site known as the system for award management;	56982

(2) The list of excluded individuals and entities maintained	56983
by the office of inspector general in the United States department	56984
of health and human services pursuant to ~~section 1128 of~~ the	56985
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	56986
1156, 42 U.S.C. 1320a-7~~, as amended, and section 1156 of the~~	56987
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~and 1320c-5,	56988
~~as amended~~;	56989

(3) The registry of MR/DD employees established under section	56990
5123.52 of the Revised Code;	56991

(4) The internet-based sex offender and child-victim offender	56992
database established under division (A)(11) of section 2950.13 of	56993
the Revised Code;	56994

(5) The internet-based database of inmates established under	56995
section 5120.66 of the Revised Code;	56996

(6) The state nurse aide registry established under section	56997
3721.32 of the Revised Code;	56998

(7) Any other database, if any, specified in rules adopted	56999
under this section.	57000

(E)(1) As a condition of employing any applicant in a	57001
position that involves providing direct care to an individual, the	57002
chief administrator of a home health agency shall request the	57003
superintendent of the bureau of criminal identification and	57004
investigation to conduct a criminal records check of the	57005
applicant. If rules adopted under this section so require, the	57006
chief administrator of a home health agency shall request the	57007
superintendent to conduct a criminal records check of an employee	57008
at times specified in the rules as a condition of continuing to	57009
employ the employee in a position that involves providing direct	57010
care to an individual. However, the chief administrator is not	57011
required to request the criminal records check of the applicant or	57012
the employee if division (F) of this section applies or the home	57013
health agency is prohibited by division (B)(1) of this section	57014
from employing the applicant or continuing to employ the employee	57015
in a position that involves providing direct care to an	57016
individual. If an applicant or employee for whom a criminal	57017
records check request is required by this section does not present	57018
proof of having been a resident of this state for the five-year	57019
period immediately prior to the date upon which the criminal	57020
records check is requested or does not provide evidence that	57021
within that five-year period the superintendent has requested	57022
information about the applicant from the federal bureau of	57023
investigation in a criminal records check, the chief administrator	57024
shall request that the superintendent obtain information from the	57025
federal bureau of investigation as a part of the criminal records	57026
check. Even if an applicant or employee for whom a criminal	57027
records check request is required by this section presents proof	57028
that the applicant or employee has been a resident of this state	57029
for that five-year period, the chief administrator may request	57030
that the superintendent include information from the federal	57031
bureau of investigation in the criminal records check.	57032

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

57033

(a) Provide to each applicant and employee for whom a	57034
criminal records check request is required by this section a copy	57035
of the form prescribed pursuant to division (C)(1) of section	57036
109.572 of the Revised Code and a standard impression sheet	57037
prescribed pursuant to division (C)(2) of that section;	57038

(b) Obtain the completed form and standard impression sheet	57039
from each applicant and employee;	57040

(c) Forward the completed form and standard impression sheet	57041
to the superintendent at the time the chief administrator requests	57042
the criminal records check.	57043

(3) A home health agency shall pay to the bureau of criminal	57044
identification and investigation the fee prescribed pursuant to	57045
division (C)(3) of section 109.572 of the Revised Code for each	57046
criminal records check the agency requests under this section. A	57047
home health agency may charge an applicant a fee not exceeding the	57048
amount the agency pays to the bureau under this section if both of	57049
the following apply:	57050

(a) The home health agency notifies the applicant at the time	57051
of initial application for employment of the amount of the fee and	57052
that, unless the fee is paid, the applicant will not be considered	57053
for employment.	57054

(b) The medicaid program ~~established under Chapter 5111. of~~	57055
~~the Revised Code~~ does not reimburse the home health agency for the	57056
fee it pays to the bureau under this section.	57057

(F) Divisions (C) to (E) of this section do not apply with	57058
regard to an applicant or employee if the applicant or employee is	57059
referred to a home health agency by an employment service that	57060
supplies full-time, part-time, or temporary staff for positions	57061
that involve providing direct care to an individual and both of	57062
the following apply:	57063

(1) The chief administrator of the home health agency	57064
receives from the employment service confirmation that a review of	57065
the databases listed in division (D) of this section was conducted	57066
with regard to the applicant or employee.	57067

(2) The chief administrator of the home health agency	57068
receives from the employment service, applicant, or employee a	57069
report of the results of a criminal records check of the applicant	57070
or employee that has been conducted by the superintendent within	57071
the one-year period immediately preceding the following:	57072

(a) In the case of an applicant, the date of the applicant's	57073
referral by the employment service to the home health agency;	57074

(b) In the case of an employee, the date by which the home	57075
health agency would otherwise have to request a criminal records	57076
check of the employee under division (E) of this section.	57077

(G)(1) A home health agency may employ conditionally an	57078
applicant for whom a criminal records check request is required by	57079
this section before obtaining the results of the criminal records	57080
check if the agency is not prohibited by division (B) of this	57081
section from employing the applicant in a position that involves	57082
providing direct care to an individual and either of the following	57083
applies:	57084

(a) The chief administrator of the home health agency	57085
requests the criminal records check in accordance with division	57086
(E) of this section not later than five business days after the	57087
applicant begins conditional employment.	57088

(b) The applicant is referred to the home health agency by an	57089
employment service, the employment service or the applicant	57090
provides the chief administrator of the agency a letter that is on	57091
the letterhead of the employment service, the letter is dated and	57092
signed by a supervisor or another designated official of the	57093
employment service, and the letter states all of the following:	57094

(i) That the employment service has requested the	57095
superintendent to conduct a criminal records check regarding the	57096
applicant;	57097

(ii) That the requested criminal records check is to include	57098
a determination of whether the applicant has been convicted of,	57099
pleaded guilty to, or been found eligible for intervention in lieu	57100
of conviction for a disqualifying offense;	57101

(iii) That the employment service has not received the	57102
results of the criminal records check as of the date set forth on	57103
the letter;	57104

(iv) That the employment service promptly will send a copy of	57105
the results of the criminal records check to the chief	57106
administrator of the home health agency when the employment	57107
service receives the results.	57108

(2) If a home health agency employs an applicant	57109
conditionally pursuant to division (G)(1)(b) of this section, the	57110
employment service, on its receipt of the results of the criminal	57111
records check, promptly shall send a copy of the results to the	57112
chief administrator of the agency.	57113

(3) A home health agency that employs an applicant	57114
conditionally pursuant to division (G)(1)(a) or (b) of this	57115
section shall terminate the applicant's employment if the results	57116
of the criminal records check, other than the results of any	57117
request for information from the federal bureau of investigation,	57118
are not obtained within the period ending sixty days after the	57119
date the request for the criminal records check is made.	57120
Regardless of when the results of the criminal records check are	57121
obtained, if the results indicate that the applicant has been	57122
convicted of, pleaded guilty to, or been found eligible for	57123
intervention in lieu of conviction for a disqualifying offense,	57124
the home health agency shall terminate the applicant's employment	57125
unless circumstances specified in rules adopted under this section	57126
that permit the agency to employ the applicant exist and the	57127
agency chooses to employ the applicant. Termination of employment	57128
under this division shall be considered just cause for discharge	57129
for purposes of division (D)(2) of section 4141.29 of the Revised	57130
Code if the applicant makes any attempt to deceive the home health	57131
agency about the applicant's criminal record.	57132

(H) The report of any criminal records check conducted by the	57133
bureau of criminal identification and investigation in accordance	57134
with section 109.572 of the Revised Code and pursuant to a request	57135
made under this section is not a public record for the purposes of	57136
section 149.43 of the Revised Code and shall not be made available	57137
to any person other than the following:	57138

(1) The applicant or employee who is the subject of the	57139
criminal records check or the applicant's or employee's	57140
representative;	57141

(2) The home health agency requesting the criminal records	57142
check or its representative;	57143

(3) The administrator of any other facility, agency, or	57144
program that provides direct care to individuals that is owned or	57145
operated by the same entity that owns or operates the home health	57146
agency that requested the criminal records check;	57147

(4) The employment service that requested the criminal	57148
records check;	57149

(5) The director of health and the staff of the department of	57150
health who monitor a home health agency's compliance with this	57151
section;	57152

(6) The director of aging or the director's designee if	57153
either of the following apply:	57154

(a) In the case of a criminal records check requested by a	57155
home health agency, the home health agency also is a	57156
community-based long-term care ~~agency~~provider or community-based	57157
long-term care subcontractor;	57158

(b) In the case of a criminal records check requested by an	57159
employment service, the employment service makes the request for	57160
an applicant or employee the employment service refers to a home	57161
health agency that also is a community-based long-term care	57162
~~agency~~provider or community-based long-term care subcontractor.	57163

(7) The medicaid director ~~of job and family services~~ and the	57164
staff of the department of ~~job and family services~~medicaid who	57165
are involved in the administration of the medicaid program if	57166
either of the following apply:	57167

(a) In the case of a criminal records check requested by a	57168
home health agency, the home health agency also is a waiver	57169
agency;	57170

(b) In the case of a criminal records check requested by an	57171
employment service, the employment service makes the request for	57172
an applicant or employee the employment service refers to a home	57173
health agency that also is a waiver agency.	57174

(8) Any court, hearing officer, or other necessary individual	57175
involved in a case dealing with any of the following:	57176

(a) A denial of employment of the applicant or employee;

57177

(b) Employment or unemployment benefits of the applicant or	57178
employee;	57179

(c) A civil or criminal action regarding the medicaid	57180
program.	57181

(I) In a tort or other civil action for damages that is	57182
brought as the result of an injury, death, or loss to person or	57183
property caused by an applicant or employee who a home health	57184
agency employs in a position that involves providing direct care	57185
to an individual, all of the following shall apply:	57186

(1) If the home health agency employed the applicant or	57187
employee in good faith and reasonable reliance on the report of a	57188
criminal records check requested under this section, the agency	57189
shall not be found negligent solely because of its reliance on the	57190
report, even if the information in the report is determined later	57191
to have been incomplete or inaccurate.	57192

(2) If the home health agency employed the applicant in good	57193
faith on a conditional basis pursuant to division (G) of this	57194
section, the agency shall not be found negligent solely because it	57195
employed the applicant prior to receiving the report of a criminal	57196
records check requested under this section.	57197

(3) If the home health agency in good faith employed the	57198
applicant or employee according to the personal character	57199
standards established in rules adopted under this section, the	57200
agency shall not be found negligent solely because the applicant	57201
or employee had been convicted of, pleaded guilty to, or been	57202
found eligible for intervention in lieu of conviction for a	57203
disqualifying offense.	57204

(J) The director of health shall adopt rules in accordance	57205
with Chapter 119. of the Revised Code to implement this section.	57206

(1) The rules may do the following:

57207

(a) Require employees to undergo database reviews and	57208
criminal records checks under this section;	57209

(b) If the rules require employees to undergo database	57210
reviews and criminal records checks under this section, exempt one	57211
or more classes of employees from the requirements;	57212

(c) For the purpose of division (D)(7) of this section,	57213
specify other databases that are to be checked as part of a	57214
database review conducted under this section.	57215

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

57216

(a) The procedures for conducting database reviews under this	57217
section;	57218

(b) If the rules require employees to undergo database	57219
reviews and criminal records checks under this section, the times	57220
at which the database reviews and criminal records checks are to	57221
be conducted;	57222

(c) If the rules specify other databases to be checked as	57223
part of the database reviews, the circumstances under which a home	57224
health agency is prohibited from employing an applicant or	57225
continuing to employ an employee who is found by a database review	57226
to be included in one or more of those databases;	57227

(d) Circumstances under which a home health agency may employ	57228
an applicant or employee who is found by a criminal records check	57229
required by this section to have been convicted of, pleaded guilty	57230
to, or been found eligible for intervention in lieu of conviction	57231
for a disqualifying offense but meets personal character	57232
standards.	57233

Sec. 3701.921. There is hereby established the patient	57234
centered medical home education program in the department of	57235
health. For the purpose of advancing education in the patient	57236
centered medical home model of care, the director of health may	57237
implement and administer the program pursuant to sections 3701.922	57238
to 3701.929 of the Revised Code. The patient centered medical home	57239
model of care is an enhanced model of primary care in which care	57240
teams attend to the multifaceted needs of patients, providing	57241
whole person comprehensive and coordinate patient centered care.	57242

To the extent that funds are available, the program shall	57243
include the patient centered medical home education pilot project	57244
and may include any other ~~pilot~~ projects the director establishes	57245
pursuant to division (A)(3) of section 3701.922 of the Revised	57246
Code.	57247

Sec. 3701.922. (A) The director of health may do any of the	57248
following to implement and administer the patient centered medical	57249
home education program:	57250

(1) Develop and implement programs of education or training	57251
on the patient centered medical home model of care or other	57252
similar enhanced models of coordinated patient centered care that	57253
are intended to address the multifaceted needs of patients and	57254
provide whole person comprehensive and coordinated patient	57255
centered care;	57256

(2) Advise, consult, cooperate with, and assist, by contract	57257
or other arrangement, government agencies or institutions or	57258
private organizations, corporations, or associations in the	57259
development and promotion of programs pertaining to the evaluation	57260
and implementation of the patient centered medical home model of	57261
care or other similar enhanced models of coordinated patient	57262
centered care;	57263

(3) Establish ~~pilot~~ projects that ~~do any of the following:~~

57264

~~(a) Evaluate or implement the patient centered medical home~~	57265
~~model of care or other similar enhanced models of coordinated~~	57266
~~patient centered care;~~	57267

~~(b) Provide~~provide education or training on the patient	57268
centered medical home model of care or other similar enhanced	57269
models of coordinated patient centered care.	57270

(4) Seek and administer state funds or grants from other	57271
sources to carry out any functions of the patient centered medical	57272
home education program.	57273

Any funds or grants received by the director for purposes of	57274
the program shall be used for the program.	57275

(B) The director may adopt rules as necessary to implement	57276
and administer the patient centered medical home education	57277
program, including rules that define what constitutes a "patient	57278
centered medical home" for purposes of an entity authorized to	57279
provide care coordination services. The rules shall be adopted in	57280
accordance with Chapter 119. of the Revised Code.	57281

Sec. 3701.94. There is hereby established the patient	57282
centered medical home program in the department of health. The	57283
patient centered medical home model of care is an advanced model	57284
of primary care in which care teams attend to the multifaceted	57285
needs of patients, providing whole person comprehensive and	57286
coordinated patient centered care.	57287

Sec. 3701.941. (A) As part of the patient centered medical	57288
home program established under section 3701.94 of the Revised	57289
Code, the department of health shall establish a voluntary patient	57290
centered medical home certification program.	57291

(B) Each primary care practice, that seeks a patient centered	57292
medical home certificate shall submit an application on a form	57293
prepared by the department. The department may require an	57294
application fee and annual renewal fee as determined by the	57295
department. If the department establishes a fee under this	57296
section, the fee shall be in an amount that is sufficient to cover	57297
the cost of any on-site evaluations conducted by the department or	57298
an entity under contract with the department pursuant to section	57299
3701.942 of the Revised Code.	57300

(C) A practice certified under this section shall do all of	57301
the following:	57302

(1) Meet any standards developed by national independent	57303
accrediting and medical home organizations, as determined by the	57304
department;	57305

(2) Develop a systematic follow-up procedure for patients,	57306
including the use of health information technology and patient	57307
registries;	57308

(3) Implement and maintain health information technology that	57309
meets the requirements of 42 U.S.C. 300jj;	57310

(4) Comply with the reporting requirements of section	57311
3701.942 of the Revised Code;	57312

(5) Meet any process, outcome, and quality standards	57313
specified by the department of health;	57314

(6) Meet any other requirements established by the	57315
department.	57316

(D) The department shall seek to do all of the following	57317
through the certification of patient centered medical homes:	57318

(1) Expand, enhance, and encourage the use of primary care	57319
providers, including primary care physicians, advanced practice	57320
registered nurses, and physician assistants, as personal	57321
clinicians;	57322

(2) Develop a focus on delivering high-quality, efficient,	57323
and effective health care services;	57324

(3) Encourage patient centered care and the provision of care	57325
that is appropriate for a patient's race, ethnicity, and language;	57326

(4) Encourage the education and active participation of	57327
patients and patients' families or legal guardians, as	57328
appropriate, in decision making and care plan development;	57329

(5) Provide patients with consistent, ongoing contact with a	57330
personal clinician or team of clinical professionals to ensure	57331
continuous and appropriate care;	57332

(6) Ensure that patient centered medical homes develop and	57333
maintain appropriate comprehensive care plans for patients with	57334
complex or chronic conditions, including an assessment of health	57335
risks and chronic conditions;	57336

(7) Ensure that patient centered medical homes plan for	57337
transition of care from youth to adult to senior;	57338

(8) Enable and encourage use of a range of qualified health	57339
care professionals, including dedicated care coordinators, in a	57340
manner that enables those professionals to practice to the fullest	57341
extent of their professional licenses.	57342

Sec. 3701.942. (A) Each certified patient centered medical	57343
home shall report health care quality and performance information	57344
to the department of health, including any data necessary for	57345
monitoring compliance with certification standards and for	57346
evaluating the impact of patient centered medical homes on health	57347
care quality, cost, and outcomes.	57348

(B) The department may contract with a private entity to	57349
evaluate the effectiveness of certified patient centered medical	57350
homes. The department may provide the entity with data collected	57351
under division (A) of this section.	57352

(C) The department may contract with national independent	57353
accrediting and medical home organizations to provide on-site	57354
evaluation of primary care practices and verification of data	57355
collected under division (A) of this section.	57356

(D) Data collected under this section is not a public record	57357
under section 149.43 of the Revised Code.	57358

Sec. 3701.943. (A) The department of health shall submit a	57359
report to the governor and, in accordance with section 101.68 of	57360
the Revised Code, the general assembly, evaluating the patient	57361
centered medical home program not later than three years after	57362
rules adopted pursuant to section 3701.944 of the Revised Code	57363
first become effective. The department shall submit a second	57364
report not later than five years after those rules first become	57365
effective.	57366

(B) The reports submitted under division (A) of this section	57367
shall include all of the following:	57368

(1) The number of patients receiving primary care services	57369
from certified patient centered medical homes and the number and	57370
characteristics of those patients with complex or chronic	57371
conditions. To the extent available, information regarding the	57372
income, race, ethnicity, and language of patients shall be	57373
included in the reports;	57374

(2) The number and geographic distribution of certified	57375
patient centered medical homes;	57376

(3) Performance of and quality of care measures implemented	57377
by certified patient centered medical homes;	57378

(4) Preventive care measures implemented by certified patient	57379
centered medical homes;	57380

(5) Payment arrangements of certified patient centered	57381
medical homes;	57382

(6) Costs related to implementation of the patient centered	57383
medical home program and payment of care coordination fees;	57384

(7) The estimated effect of certified patient centered	57385
medical homes on health disparities;	57386

(8) The estimated savings from establishing the patient	57387
centered medical home program, as those savings apply to the fee	57388
for service, managed care, and state-based purchasing sectors.	57389

Sec. 3701.944. The department of health shall adopt rules in	57390
accordance with Chapter 119. of the Revised Code to do all of the	57391
following:	57392

(A) Considering the goals set forth in section 3701.941 of	57393
the Revised Code, establish standards and procedures for	57394
certifying a primary care practice as a patient centered medical	57395
home;	57396

(B) Specify the types of medical practices that constitute	57397
primary care practices for the purpose of certifying patient	57398
centered medical homes;	57399

(C) Specify the health care quality and performance	57400
information that certified patient centered medical homes must	57401
report to the department pursuant to section 3701.942 of the	57402
Revised Code.	57403

Sec. 3701.95. (A) As used in this section, "direct care	57404
services" and "direct care worker" have the same meanings as in	57405
section 191.061 of the Revised Code.	57406

(B) Not later than October 1, 2014, the director of health	57407
shall establish a direct care worker certification program. The	57408
director may adopt rules in accordance with Chapter 119. of the	57409
Revised Code as necessary to implement the program. The rules may	57410
address standards, procedures, and application fees charged for	57411
certification.	57412

(C) For purposes of the program, the director shall do both	57413
of the following:	57414

(1) Specify the minimum standards that must be met by a	57415
direct care worker to attain certification, which may include	57416
standards pertaining to education, experience, and continuing	57417
education requirements, as well as standards for compliance with	57418
administrative requirements.	57419

(2) Specify a procedure for determining whether a direct care	57420
worker satisfies the standards specified under division (C)(1) of	57421
this section.	57422

Sec. 3701.99. (A) Whoever violates division (C) of section	57423
3701.23, division (C) of section 3701.232, division (C) of section	57424
3701.24, division (B) of section 3701.25, division ~~(I)~~(D)(2) of	57425
section 3701.262, ~~division (D) of section 3701.263,~~ or sections	57426
3701.46 to 3701.55 of the Revised Code is guilty of a minor	57427
misdemeanor on a first offense; on each subsequent offense, the	57428
person is guilty of a misdemeanor of the fourth degree.	57429

(B) Whoever violates section 3701.82 of the Revised Code is	57430
guilty of a misdemeanor of the first degree.	57431

(C) Whoever violates section 3701.352 or 3701.81 of the	57432
Revised Code is guilty of a misdemeanor of the second degree.	57433

Sec. 3702.30. (A) As used in this section:

57434

(1) "Ambulatory surgical facility" means a facility, whether	57435
or not part of the same organization as a hospital, that is	57436
located in a building distinct from another in which inpatient	57437
care is provided, and to which any of the following apply:	57438

(a) Outpatient surgery is routinely performed in the	57439
facility, and the facility functions separately from a hospital's	57440
inpatient surgical service and from the offices of private	57441
physicians, podiatrists, and dentists.	57442

(b) Anesthesia is administered in the facility by an	57443
anesthesiologist or certified registered nurse anesthetist, and	57444
the facility functions separately from a hospital's inpatient	57445
surgical service and from the offices of private physicians,	57446
podiatrists, and dentists.	57447

(c) The facility applies to be certified by the United States	57448
centers for medicare and medicaid services as an ambulatory	57449
surgical center for purposes of reimbursement under Part B of the	57450
medicare program, Part B of Title XVIII of the "Social Security	57451
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	57452

(d) The facility applies to be certified by a national	57453
accrediting body approved by the centers for medicare and medicaid	57454
services for purposes of deemed compliance with the conditions for	57455
participating in the medicare program as an ambulatory surgical	57456
center.	57457

(e) The facility bills or receives from any third-party	57458
payer, governmental health care program, or other person or	57459
government entity any ambulatory surgical facility fee that is	57460
billed or paid in addition to any fee for professional services.	57461

(f) The facility is held out to any person or government	57462
entity as an ambulatory surgical facility or similar facility by	57463
means of signage, advertising, or other promotional efforts.	57464

"Ambulatory surgical facility" does not include a hospital	57465
emergency department.	57466

(2) "Ambulatory surgical facility fee" means a fee for	57467
certain overhead costs associated with providing surgical services	57468
in an outpatient setting. A fee is an ambulatory surgical facility	57469
fee only if it directly or indirectly pays for costs associated	57470
with any of the following:	57471

(a) Use of operating and recovery rooms, preparation areas,	57472
and waiting rooms and lounges for patients and relatives;	57473

(b) Administrative functions, record keeping, housekeeping,	57474
utilities, and rent;	57475

(c) Services provided by nurses, orderlies, technical	57476
personnel, and others involved in patient care related to	57477
providing surgery.	57478

"Ambulatory surgical facility fee" does not include any	57479
additional payment in excess of a professional fee that is	57480
provided to encourage physicians, podiatrists, and dentists to	57481
perform certain surgical procedures in their office or their group	57482
practice's office rather than a health care facility, if the	57483
purpose of the additional fee is to compensate for additional cost	57484
incurred in performing office-based surgery.	57485

(3) "Governmental health care program" has the same meaning	57486
as in section 4731.65 of the Revised Code.	57487

(4) "Health care facility" means any of the following:

57488

(a) An ambulatory surgical facility;

57489

(b) A freestanding dialysis center;

57490

57491

(d) A freestanding birthing center;

57492

(e) A freestanding radiation therapy center;

57493

(f) A freestanding or mobile diagnostic imaging center.

57494

(5) "Third-party payer" has the same meaning as in section	57495
3901.38 of the Revised Code.	57496

(B) By rule adopted in accordance with sections 3702.12 and	57497
3702.13 of the Revised Code, the director of health shall	57498
establish quality standards for health care facilities. The	57499
standards may incorporate accreditation standards or other quality	57500
standards established by any entity recognized by the director.	57501

In the case of an ambulatory surgical facility, the standards	57502
shall require the ambulatory surgical facility to maintain an	57503
infection control program. The purposes of the program are to	57504
minimize infections and communicable diseases and facilitate a	57505
functional and sanitary environment consistent with standards of	57506
professional practice. To achieve these purposes, ambulatory	57507
surgical facility staff managing the program shall create and	57508
administer a plan designed to prevent, identify, and manage	57509
infections and communicable diseases; ensure that the program is	57510
directed by a qualified professional trained in infection control;	57511
ensure that the program is an integral part of the ambulatory	57512
surgical facility's quality assessment and performance improvement	57513
program; and implement in an expeditious manner corrective and	57514
preventive measures that result in improvement.	57515

(C) Every ambulatory surgical facility shall require that	57516
each physician who practices at the facility comply with all	57517
relevant provisions in the Revised Code that relate to the	57518
obtaining of informed consent from a patient.	57519

(D) The director shall issue a license to each health care	57520
facility that makes application for a license and demonstrates to	57521
the director that it meets the quality standards established by	57522
the rules adopted under division (B) of this section and satisfies	57523
the informed consent compliance requirements specified in division	57524
(C) of this section.	57525

(E)(1) Except as provided in division (H) of this section and	57526
in section 3702.301 of the Revised Code, no health care facility	57527
shall operate without a license issued under this section.	57528

(2) If the department of health finds that a physician who	57529
practices at a health care facility is not complying with any	57530
provision of the Revised Code related to the obtaining of informed	57531
consent from a patient, the department shall report its finding to	57532
the state medical board, the physician, and the health care	57533
facility.	57534

(3) This division does not create, and shall not be construed	57535
as creating, a new cause of action or substantive legal right	57536
against a health care facility and in favor of a patient who	57537
allegedly sustains harm as a result of the failure of the	57538
patient's physician to obtain informed consent from the patient	57539
prior to performing a procedure on or otherwise caring for the	57540
patient in the health care facility.	57541

(F) The rules adopted under division (B) of this section	57542
shall include all of the following:	57543

(1) Provisions governing application for, renewal,	57544
suspension, and revocation of a license under this section;	57545

(2) Provisions governing orders issued pursuant to section	57546
3702.32 of the Revised Code for a health care facility to cease	57547
its operations or to prohibit certain types of services provided	57548
by a health care facility;	57549

(3) Provisions governing the imposition under section 3702.32	57550
of the Revised Code of civil penalties for violations of this	57551
section or the rules adopted under this section, including a scale	57552
for determining the amount of the penalties;	57553

(4) Provisions specifying the form inspectors must use when	57554
conducting inspections of ambulatory surgical facilities.	57555

(G) An ambulatory surgical facility that performs or induces	57556
abortions shall comply with section 3701.791 of the Revised Code.	57557

(H) The following entities are not required to obtain a	57558
license as a freestanding diagnostic imaging center issued under	57559
this section:	57560

(1) A hospital registered under section 3701.07 of the	57561
Revised Code that provides diagnostic imaging;	57562

(2) An entity that is reviewed as part of a hospital	57563
accreditation or certification program and that provides	57564
diagnostic imaging;	57565

(3) An ambulatory surgical facility that provides diagnostic	57566
imaging in conjunction with or during any portion of a surgical	57567
procedure.	57568

Sec. 3702.302. In the case of an ambulatory surgical	57569
facility not certified by the centers for medicare and medicaid	57570
services as an ambulatory surgical center, the director of health	57571
shall conduct an inspection of the facility each time the facility	57572
submits an application for license renewal. The director shall not	57573
renew the license unless all of the following conditions are met:	57574

(A) The inspector conducting the inspection completes each	57575
item on the following, as applicable:	57576

(1) Until the director adopts rules under division (F) of	57577
section 3702.30 of the Revised Code, the form approved by the	57578
director on the effective date of this section;	57579

(2) The form specified by the director pursuant to rules	57580
adopted under division (F) of section 3702.30 of the Revised Code.	57581

(B) The inspection demonstrates that the ambulatory surgical	57582
facility complies with all quality standards established by the	57583
director in rules adopted under division (B) of section 3702.30 of	57584
the Revised Code.	57585

(C) The director determines that the most recent version of	57586
the updated written transfer agreement filed in accordance with	57587
division (B) of section 3702.303 of the Revised Code is	57588
satisfactory.	57589

Sec. 3702.303. (A) Except as provided in division (C) of this	57590
section, an ambulatory surgical facility shall have a written	57591
transfer agreement with a local hospital that specifies an	57592
effective procedure for the safe and immediate transfer of	57593
patients from the facility to the hospital when medical care	57594
beyond the care that can be provided at the ambulatory surgical	57595
facility is necessary, including when emergency situations occur	57596
or medical complications arise. A copy of the agreement shall be	57597
filed with the director of health.	57598

(B) An ambulatory surgical facility shall update a written	57599
transfer agreement each year and file a copy of the updated	57600
agreement with the director.	57601

(C) The requirement for a written transfer agreement between	57602
an ambulatory surgical facility and a hospital does not apply if	57603
either of the following is the case:	57604

(1) The facility is a provider-based entity, as defined in 42	57605
C.F.R. 413.65(a)(2), of a hospital and the facility's policies and	57606
procedures to address situations when care beyond the care that	57607
can be provided at the ambulatory surgical facility are approved	57608
by the governing body of the facility's parent hospital and	57609
implemented;	57610

(2) The director of health has, pursuant to the procedure	57611
specified in section 3702.304 of the Revised Code, granted the	57612
facility a variance from the requirement.	57613

Sec. 3702.304. (A) The director of health may grant a	57614
variance from the written transfer agreement requirement of	57615
section 3702.303 of the Revised Code if the ambulatory surgical	57616
facility submits to the director a complete variance application,	57617
prescribed by the director, and the director determines after	57618
reviewing the application that the facility is capable of	57619
achieving the purpose of a written transfer agreement in the	57620
absence of one.	57621

(B) A variance application is complete for purposes of	57622
division (A) of this section if it contains or includes as	57623
attachments all of the following:	57624

(1) A statement explaining why application of the requirement	57625
would cause the facility undue hardship and why the variance will	57626
not jeopardize the health and safety of any patient;	57627

(2) A letter, contract, or memorandum of understanding signed	57628
by the facility and one or more consulting physicians who have	57629
admitting privileges at a minimum of one local hospital,	57630
memorializing the physician or physicians' agreement to provide	57631
back-up coverage when medical care beyond the level the facility	57632
can provide is necessary;	57633

(3) For each consulting physician described in division	57634
(B)(2) of this section:	57635

(a) A signed statement in which the physician attests that	57636
the physician is familiar with the facility and its operations,	57637
and agrees to provide notice to the facility of any changes in the	57638
physician's ability to provide back-up coverage;	57639

(b) The estimated travel time from the physician's main	57640
residence or office to each local hospital where the physician has	57641
admitting privileges;	57642

(c) Written verification that the facility has a record of	57643
the name, telephone numbers, and practice specialties of the	57644
physician;	57645

(d) Written verification from the state medical board that	57646
the physician possesses a valid certificate to practice medicine	57647
and surgery or osteopathic medicine and surgery issued under	57648
Chapter 4731. of the Revised Code;	57649

(e) Documented verification that each hospital at which the	57650
physician has admitting privileges has been informed in writing by	57651
the physician that the physician is a consulting physician for the	57652
ambulatory surgical facility and has agreed to provide back-up	57653
coverage for the facility when medical care beyond the care the	57654
facility can provide is necessary.	57655

(4) A copy of the facility's operating procedures or	57656
protocols that, at a minimum, do all of the following:	57657

(a) Address how back-up coverage by consulting physicians is	57658
to occur, including how back-up coverage is to occur when	57659
consulting physicians are temporarily unavailable;	57660

(b) Specify that each consulting physician is required to	57661
notify the facility, without delay, when the physician is unable	57662
to expeditiously admit patients to a local hospital and provide	57663
for continuity of patient care;	57664

(c) Specify that a patient's medical record maintained by the	57665
facility must be transferred contemporaneously with the patient	57666
when the patient is transferred from the facility to a hospital.	57667

(5) Any other information the director considers necessary.

57668

(C) The director's decision to grant or refuse a variance is	57669
final and not subject to any administrative proceedings under	57670
Chapter 119. or any other provision of the Revised Code.	57671

(D) The director shall consider each application for a	57672
variance independently without regard to any decision the director	57673
may have made on a prior occasion to grant or deny a variance to	57674
that ambulatory surgical facility or any other facility.	57675

Sec. 3702.305. The director of health may impose conditions	57676
on any variance the director has granted under section 3702.304 of	57677
the Revised Code. The director may, at any time, revoke the	57678
variance if the director determines that the facility is failing	57679
to meet one or more of the conditions.	57680

Sec. 3702.306. A variance the director of health grants under	57681
section 3702.304 of the Revised Code is effective for the period	57682
of time specified by the director, except that it shall not be	57683
effective beyond the date the ambulatory surgical facility's	57684
license expires. If a variance is to expire on the date the	57685
facility's license expires, the facility may submit to the	57686
director an application for a new variance with its next license	57687
renewal application.	57688

Sec. 3702.307. An ambulatory surgical facility shall notify	57689
the director of health when either of the following occurs:	57690

(A) The facility modifies its operating procedures or	57691
protocols described in division (B)(4) of section 3702.304 of the	57692
Revised Code. Notification under these circumstances shall occur	57693
not later than forty-eight hours after the modification is made.	57694

(B) The ambulatory surgical facility becomes aware of an	57695
event, including disciplinary action by the state medical board	57696
pursuant to section 4731.22 of the Revised Code, that may affect a	57697
consulting physician's certificate to practice medicine and	57698
surgery or osteopathic medicine and surgery or the physician's	57699
ability to admit patients to a hospital identified in a variance	57700
application, as described in division (B)(3)(e) of section	57701
3702.304 of the Revised Code. Notification under these	57702
circumstances shall occur not later than one week after the	57703
facility becomes aware of the event's occurrence.	57704

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	57705
Revised Code:	57706

(A) "Applicant" means any person that submits an application	57707
for a certificate of need and who is designated in the application	57708
as the applicant.	57709

(B) "Person" means any individual, corporation, business	57710
trust, estate, firm, partnership, association, joint stock	57711
company, insurance company, government unit, or other entity.	57712

(C) "Certificate of need" means a written approval granted by	57713
the director of health to an applicant to authorize conducting a	57714
reviewable activity.	57715

(D) "Service area" means the current and projected primary	57716
and secondary service areas to which the long-term care facility	57717
is, or will be, providing long-term care services.	57718

(E) "Primary service area" means the geographic region,	57719
usually comprised of the Ohio zip code in which the long-term care	57720
facility is located and contiguous zip codes, from which	57721
approximately seventy-five to eighty per cent of the facility's	57722
residents currently originate or are expected to originate.	57723

(F) "Secondary service area" means the geographic region,	57724
usually comprised of Ohio zip codes not included in the primary	57725
service area, excluding isolated exceptions, from which the	57726
facility's remaining residents currently originate or are expected	57727
to originate.	57728

(G) "Third-party payer" means a health insuring corporation	57729
licensed under Chapter 1751. of the Revised Code, a health	57730
maintenance organization as defined in division (I) of this	57731
section, an insurance company that issues sickness and accident	57732
insurance in conformity with Chapter 3923. of the Revised Code, a	57733
state-financed health insurance program under Chapter 3701.,or	57734
4123.~~, or 5111.~~ of the Revised Code, the medicaid program, or any	57735
self-insurance plan.	57736

(H) "Government unit" means the state and any county,	57737
municipal corporation, township, or other political subdivision of	57738
the state, or any department, division, board, or other agency of	57739
the state or a political subdivision.	57740

(I) "Health maintenance organization" means a public or	57741
private organization organized under the law of any state that is	57742
qualified under section 1310(d) of Title XIII of the "Public	57743
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	57744

(J) "Existing long-term care facility" means either of the	57745
following:	57746

(1) A long-term care facility that is licensed or otherwise	57747
authorized to operate in this state in accordance with applicable	57748
law, including a county home or a county nursing home that is	57749
certified under Title XVIII or Title XIX of the "Social Security	57750
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, is staffed	57751
and equipped to provide long-term care services, and is actively	57752
providing long-term care services;	57753

(2) A long-term care facility that is licensed or otherwise	57754
authorized to operate in this state in accordance with applicable	57755
law, including a county home or a county nursing home that is	57756
certified under Title XVIII or Title XIX of the "Social Security	57757
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or that has	57758
beds registered under section 3701.07 of the Revised Code as	57759
skilled nursing beds or long-term care beds and has provided	57760
long-term care services for at least three hundred sixty-five	57761
consecutive days within the twenty-four months immediately	57762
preceding the date a certificate of need application is filed with	57763
the director of health.	57764

(K) "State" means the state of Ohio, including, but not	57765
limited to, the general assembly, the supreme court, the offices	57766
of all elected state officers, and all departments, boards,	57767
offices, commissions, agencies, institutions, and other	57768
instrumentalities of the state of Ohio. "State" does not include	57769
political subdivisions.	57770

(L) "Political subdivision" means a municipal corporation,	57771
township, county, school district, and all other bodies corporate	57772
and politic responsible for governmental activities only in	57773
geographic areas smaller than that of the state to which the	57774
sovereign immunity of the state attaches.	57775

(M) "Affected person" means:

57776

(1) An applicant for a certificate of need, including an	57777
applicant whose application was reviewed comparatively with the	57778
application in question;	57779

(2) The person that requested the reviewability ruling in	57780
question;	57781

(3) Any person that resides or regularly uses long-term care	57782
facilities within the service area served or to be served by the	57783
long-term care services that would be provided under the	57784
certificate of need or reviewability ruling in question;	57785

(4) Any long-term care facility that is located in the	57786
service area where the long-term care services would be provided	57787
under the certificate of need or reviewability ruling in question;	57788

(5) Third-party payers that reimburse long-term care	57789
facilities for services in the service area where the long-term	57790
care services would be provided under the certificate of need or	57791
reviewability ruling in question.	57792

(N) "Long-term care facility" means any of the following:

57793

(1) A nursing home licensed under section 3721.02 of the	57794
Revised Code or by a political subdivision certified under section	57795
3721.09 of the Revised Code;	57796

(2) The portion of any facility, including a county home or	57797
county nursing home, that is certified as a skilled nursing	57798
facility or a nursing facility under Title XVIII or XIX of the	57799
"Social Security Act";	57800

(3) The portion of any hospital that contains beds registered	57801
under section 3701.07 of the Revised Code as skilled nursing beds	57802
or long-term care beds.	57803

(O) "Long-term care bed" or "bed" means a bed that is	57804
categorized as one of the following:	57805

(1) A bed that is located in a facility that is a nursing	57806
home licensed under section 3721.02 of the Revised Code or a	57807
facility licensed by a political subdivision certified under	57808
section 3721.09 of the Revised Code and is included in the	57809
authorized maximum licensed capacity of the facility;	57810

(2) A bed that is located in the portion of any facility,	57811
including a county home or county nursing home, that is certified	57812
as a skilled nursing facility under the medicare program or a	57813
nursing facility under the medicaid program and is included in the	57814
authorized maximum certified capacity of that portion of the	57815
facility;	57816

(3) A bed that is registered under section 3701.07 of the	57817
Revised Code as a skilled nursing bed, a long-term care bed, or a	57818
special skilled nursing bed;	57819

(4) A bed in a county home or county nursing home that has	57820
been certified under section 5155.38 of the Revised Code as having	57821
been in operation on July 1, 1993, and is eligible for licensure	57822
as a nursing home bed;	57823

(5) A bed held as an approved bed under a certificate of need	57824
approved by the director.	57825

A bed cannot simultaneously be both a bed described in	57826
division (O)(1), (2), (3), or (4) of this section and a bed	57827
described in division (O)(5) of this section.	57828

(P) "Reviewability ruling" means a ruling issued by the	57829
director of health under division (A) of section 3702.52 of the	57830
Revised Code as to whether a particular proposed project is or is	57831
not a reviewable activity.	57832

(Q) "County nursing home" has the same meaning as in section	57833
5155.31 of the Revised Code.	57834

(R) "Principal participant" means both of the following:

57835

(1) A person who has an ownership or controlling interest of	57836
at least five per cent in an applicant, in a long-term care	57837
facility that is the subject of an application for a certificate	57838
of need, or in the owner or operator of the applicant or such a	57839
facility;	57840

(2) An officer, director, trustee, or general partner of an	57841
applicant, of a long-term care facility that is the subject of an	57842
application for a certificate of need, or of the owner or operator	57843
of the applicant or such a facility.	57844

(S) "Actual harm but not immediate jeopardy deficiency" means	57845
a deficiency that, under 42 C.F.R. 488.404, either constitutes a	57846
pattern of deficiencies resulting in actual harm that is not	57847
immediate jeopardy or represents widespread deficiencies resulting	57848
in actual harm that is not immediate jeopardy.	57849

(T) "Immediate jeopardy deficiency" means a deficiency that,	57850
under 42 C.F.R. 488.404, either constitutes a pattern of	57851
deficiencies resulting in immediate jeopardy to resident health or	57852
safety or represents widespread deficiencies resulting in	57853
immediate jeopardy to resident health or safety.	57854

(U) "Existing bed" or "existing long-term care bed" means a	57855
bed from an existing long-term care facility, a bed described in	57856
division (O)(5) of this section, or a bed correctly reported as a	57857
long-term care bed pursuant to section 5155.38 of the Revised	57858
Code.	57859

Sec. 3702.521. (A) Reviews of applications for certificates	57860
of need to recategorize hospital beds to skilled nursing beds	57861
shall be conducted in accordance with this division and rules	57862
adopted by the director of health.	57863

(1) No hospital recategorizing beds shall apply for a	57864
certificate of need for more than twenty skilled nursing beds.	57865

(2) No beds for which a certificate of need is requested	57866
under this division shall be reviewed under or counted in any	57867
formula developed under rules adopted by the director for the	57868
purpose of determining the number of long-term care beds that may	57869
be needed within the state.	57870

(3) No beds shall be approved under this division unless the	57871
hospital certifies and demonstrates in the application that the	57872
beds will be dedicated to patients with a length of stay of no	57873
more than thirty days.	57874

(4) No beds shall be approved under this division unless the	57875
hospital can satisfactorily demonstrate in the application that it	57876
is routinely unable to place the patients planned for the beds in	57877
accessible skilled nursing facilities.	57878

(5) In developing rules to implement this division, the	57879
director shall give special attention to the required	57880
documentation of the need for such beds, including the efforts	57881
made by the hospital to place patients in suitable skilled nursing	57882
facilities, and special attention to the appropriate size of units	57883
with such beds given the historical pattern of the applicant	57884
hospital's documented difficulty in placing skilled nursing	57885
patients.	57886

(B) For assistance in monitoring the use of hospital beds	57887
recategorized as skilled nursing beds after August 5, 1989, the	57888
director shall adopt rules specifying appropriate quarterly	57889
procedures for reporting to the department of health.	57890

(C) A patient may stay in a hospital bed that, after August	57891
5, 1989, has been recategorized as a skilled nursing bed for more	57892
than thirty days if the hospital is able to demonstrate that it	57893
made a good faith effort to place the patient in an accessible	57894
skilled nursing facility acceptable to the patient within the	57895
thirty-day period, but was unable to do so.	57896

(D) No hospital bed recategorized after August 5, 1989, as a	57897
skilled nursing bed shall be covered by a provider agreement under	57898
the ~~medical assistance~~medicaid program ~~established under Chapter~~	57899
~~5111. of the Revised Code~~.	57900

(E) Nothing in this section requires a hospital to place a	57901
patient in any nursing home if the patient does not wish to be	57902
placed in the nursing home. Nothing in this section limits the	57903
ability of a hospital to file a certificate of need application	57904
for the addition of long-term care beds that meet the definition	57905
of "home" in section 3721.01 of the Revised Code. Nothing in this	57906
section limits the ability of the director to grant certificates	57907
of need necessary for hospitals to engage in demonstration	57908
projects authorized by the federal government for the purpose of	57909
enhancing long-term quality of care and cost containment. Nothing	57910
in this section limits the ability of hospitals to develop swing	57911
bed programs in accordance with federal regulations.	57912

No hospital that is granted a certificate of need after	57913
August 5, 1989, to recategorize hospital beds as skilled nursing	57914
beds is subject to sections 3721.01 to 3721.09 of the Revised	57915
Code. If the portion of the hospital in which the recategorized	57916
beds are located is certified as a skilled nursing facility under	57917
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	57918
U.S.C.A. 301, as amended, that portion of the hospital is subject	57919
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	57920
the Revised Code. If the beds are registered pursuant to section	57921
3701.07 of the Revised Code as long-term care beds, the beds are	57922
subject to sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the	57923
Revised Code.	57924

Sec. 3702.55. A person that the director of health	57925
determines has violated section 3702.53 of the Revised Code shall	57926
cease conducting the activity that constitutes the violation or	57927
utilizing the facility resulting from the violation not later than	57928
thirty days after the person receives the notice mailed under	57929
section 3702.532 of the Revised Code or, if the person appeals the	57930
director's determination under section 3702.60 of the Revised	57931
Code, thirty days after the person receives an order upholding the	57932
director's determination that is not subject to further appeal.	57933

If any person determined to have violated section 3702.53 of	57934
the Revised Code fails to cease conducting an activity or using a	57935
facility as required by this section or if the person continues to	57936
seek payment or reimbursement for services rendered or costs	57937
incurred in conducting the activity as prohibited by section	57938
3702.56 of the Revised Code, in addition to the penalties imposed	57939
under section 3702.54 or 3702.541 of the Revised Code:	57940

(A) The director of health may refuse to include any beds	57941
involved in the activity in the bed capacity of a hospital for	57942
purposes of registration under section 3701.07 of the Revised	57943
Code;	57944

(B) The director of health may refuse to license, or may	57945
revoke a license or reduce bed capacity previously granted to, a	57946
hospice care program under section 3712.04 of the Revised Code; a	57947
nursing home, residential care facility, or home for the aging	57948
under section 3721.02 of the Revised Code; or any beds within any	57949
of those facilities that are involved in the activity;	57950

(C) A political subdivision certified under section 3721.09	57951
of the Revised Code may refuse to license, or may revoke a license	57952
or reduce bed capacity previously granted to, a nursing home,	57953
residential care facility, or home for the aging, or any beds	57954
within any of those facilities that are involved in the activity;	57955

(D) The director of ~~mental health~~mental health and addiction	57956
services may refuse to license under section ~~5119.20~~5119.33 of	57957
the Revised Code, or may revoke a license or reduce bed capacity	57958
previously granted to, a hospital receiving mentally ill persons	57959
or beds within such a hospital that are involved in the activity;	57960

(E) The department of ~~job and family services~~medicaid may	57961
refuse to enter into a provider agreement that includes a	57962
facility, beds, or services that result from the activity.	57963

Sec. 3702.62. Sections 3702.51 to 3702.61 of the Revised	57964
Code do not apply to any part of a long-term care facility's	57965
campus that is certified as an intermediate care facility for the	57966
mentally retarded ~~under Title XIX of the "Social Security Act," 79~~	57967
~~Stat. 343 (1965), 42 U.S.C. 1396 et seq., as amended~~, as defined	57968
in section 5124.01 of the Revised Code.	57969

Sec. 3702.74. (A) A primary care physician who has signed a	57970
letter of intent under section 3702.73 of the Revised Code and the	57971
director of health may enter into a contract for the physician's	57972
participation in the physician loan repayment program. The	57973
physician's employer or other funding source may also be a party	57974
to the contract.	57975

(B) The contract shall include all of the following	57976
obligations:	57977

(1) The primary care physician agrees to provide primary care	57978
services in the health resource shortage area identified in the	57979
letter of intent for at least two years;	57980

(2) When providing primary care services in the health	57981
resource shortage area, the primary care physician agrees to do	57982
all of the following:	57983

(a) Provide primary care services for a minimum of forty	57984
hours per week, of which at least twenty-one hours will be spent	57985
providing patient care in an outpatient or ambulatory setting;	57986

(b) Provide primary care services without regard to a	57987
patient's ability to pay;	57988

(c) Meet the ~~conditions prescribed by the "Social Security~~	57989
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the~~	57990
~~department of job and family services~~requirements for	57991
~~participation in the~~a medicaid ~~program established under Chapter~~	57992
~~5111. of the Revised Code~~provider agreement and enter into a	57993
~~contract~~the agreement with the department of medicaid to provide	57994
primary care services to medicaid recipients ~~of the medical~~	57995
~~assistance program~~.	57996

(3) The department of health agrees, as provided in section	57997
3702.75 of the Revised Code, to repay, so long as the primary care	57998
physician performs the service obligation agreed to under division	57999
(B)(1) of this section, all or part of the principal and interest	58000
of a government or other educational loan taken by the primary	58001
care physician for expenses described in section 3702.75 of the	58002
Revised Code;	58003

(4) The primary care physician agrees to pay the department	58004
of health an amount established by rules adopted under section	58005
3702.79 of the Revised Code if the physician fails to complete the	58006
service obligation agreed to under division (B)(1) of this	58007
section.	58008

(C) The contract may include any other terms agreed upon by	58009
the parties.	58010

Sec. 3702.91. (A) An individual who has signed a letter of	58011
intent under section 3702.90 of the Revised Code may enter into a	58012
contract with the director of health for participation in the	58013
dentist loan repayment program. The dentist's employer or other	58014
funding source may also be a party to the contract.	58015

(B) The contract shall include all of the following	58016
obligations:	58017

(1) The individual agrees to provide dental services in the	58018
dental health resource shortage area identified in the letter of	58019
intent for at least two years.	58020

(2) When providing dental services in the dental health	58021
resource shortage area, the individual agrees to do all of the	58022
following:	58023

(a) Provide dental services for a minimum of forty hours per	58024
week;	58025

(b) Provide dental services without regard to a patient's	58026
ability to pay;	58027

(c) Meet the ~~conditions prescribed by the "Social Security~~	58028
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the~~	58029
~~department of job and family services~~requirements for	58030
~~participation in the~~a medicaid ~~program established under Chapter~~	58031
~~5111. of the Revised Code~~provider agreement and enter into a	58032
~~contract~~the agreement with the department of medicaid to provide	58033
dental services to medicaid recipients.	58034

(3) The department of health agrees, as provided in section	58035
3702.85 of the Revised Code, to repay, so long as the individual	58036
performs the service obligation agreed to under division (B)(1) of	58037
this section, all or part of the principal and interest of a	58038
government or other educational loan taken by the individual for	58039
expenses described in section 3702.85 of the Revised Code.	58040

(4) The individual agrees to pay the department of health an	58041
amount established by rules adopted under section 3702.86 of the	58042
Revised Code, if the individual fails to complete the service	58043
obligation agreed to under division (B)(1) of this section.	58044

(C) The contract may include any other terms agreed upon by	58045
the parties.	58046

(D) Not later than the thirty-first day of January of each	58047
year, the department of health shall mail to each individual to	58048
whom or on whose behalf repayment is made under the dentist loan	58049
repayment program a statement showing the amount of principal and	58050
interest repaid by the department pursuant to the contract in the	58051
preceding year. The statement shall be sent by ordinary mail with	58052
address correction and forwarding requested in the manner	58053
prescribed by the United States postal service.	58054

Sec. 3704.144. (A) Gifts, grants, and contributions for the	58055
purpose of adding pollution control equipment to diesel-powered	58056
school buses and converting diesel-powered school buses to	58057
alternative fuels, including contributions that are made pursuant	58058
to the settlement of an administrative action or civil action that	58059
is brought at the request of the director of environmental	58060
protection pursuant to Chapter 3704., 3714., 3734., 6109., or	58061
6111. of the Revised Code, shall be credited to the clean diesel	58062
school bus fund, which is hereby created in the state treasury.	58063
The director shall use money credited to the fund to make grants	58064
to school districts in the state and to county boards of	58065
developmental disabilities for the purpose of adding pollution	58066
control equipment to diesel-powered school buses and converting	58067
diesel-powered school buses to alternative fuels by means of	58068
certified engine configurations and verified technologies that are	58069
consistent with the requirements of section 793 and any	58070
regulations adopted under that section and to pay the	58071
environmental protection agency's costs incurred in administering	58072
this section. In addition, the director may use money credited to	58073
the fund to make grants to school districts and to county boards	58074
of developmental disabilities for the purpose of maintaining	58075
pollution control equipment that is installed on diesel-powered	58076
school buses ~~and to pay the additional cost incurred by a school~~	58077
~~district or a county board for using ultra-low sulfur diesel fuel~~	58078
~~instead of diesel fuel for the operation of diesel-powered school~~	58079
~~buses~~.	58080

(B) In making grants under this section, the director shall	58081
give priority to school districts and to county boards of	58082
developmental disabilities that are located in a county that is	58083
designated as nonattainment by the United States environmental	58084
protection agency for the fine particulate national ambient air	58085
quality standard under the federal Clean Air Act. In addition, the	58086
director may give a higher priority to a school district or a	58087
county board of developmental disabilities that employs additional	58088
measures that reduce air pollution from the district's or the	58089
county board's school bus fleet.	58090

(C) The director shall adopt rules establishing procedures	58091
and requirements that are necessary to implement this section,	58092
including procedures and requirements governing applications for	58093
grants.	58094

(D) As used in this section:

58095

(1) "Alternative fuel" has the same meaning as in section	58096
125.831 of the Revised Code.	58097

(2) "Certified engine configuration" and "section 793" have	58098
the same meanings as in section 122.861 of the Revised Code.	58099

(3) "Verified technology" means a pollution control	58100
technology, including retrofit technology and auxiliary power	58101
unit, that has been verified by the administrator of the United	58102
States environmental protection agency or the California air	58103
resources board.	58104

Sec. 3706.01. As used in this chapter:

58105

(A) "Governmental agency" means a department, division, or	58106
other unit of state government, a municipal corporation, county,	58107
township, and other political subdivision, or any other public	58108
corporation or agency having the power to acquire, construct, or	58109
operate air quality facilities, the United States or any agency	58110
thereof, and any agency, commission, or authority established	58111
pursuant to an interstate compact or agreement.	58112

(B) "Person" means any individual, firm, partnership,	58113
association, or corporation, or any combination thereof.	58114

(C) "Air contaminant" means particulate matter, dust, fumes,	58115
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	58116
odorous substance, or any combination thereof.	58117

(D) "Air pollution" means the presence in the ambient air of	58118
one or more air contaminants in sufficient quantity and of such	58119
characteristics and duration as to injure human health or welfare,	58120
plant or animal life, or property, or that unreasonably interferes	58121
with the comfortable enjoyment of life or property.	58122

(E) "Ambient air" means that portion of the atmosphere	58123
outside of buildings and other enclosures, stacks, or ducts that	58124
surrounds human, plant, or animal life, or property.	58125

(F) "Emission" means the release into the outdoor atmosphere	58126
of an air contaminant.	58127

(G) "Air quality facility" means any of the following:

58128

(1) Any method, modification or replacement of property,	58129
process, device, structure, or equipment that removes, reduces,	58130
prevents, contains, alters, conveys, stores, disperses, or	58131
disposes of air contaminants or substances containing air	58132
contaminants, or that renders less noxious or reduces the	58133
concentration of air contaminants in the ambient air, including,	58134
without limitation, facilities and expenditures that qualify as	58135
air pollution control facilities under section 103 (C)(4)(F) of	58136
the Internal Revenue Code of 1954, as amended, and regulations	58137
adopted thereunder;	58138

(2) Motor vehicle inspection stations operated in accordance	58139
with, and any equipment used for motor vehicle inspections	58140
conducted under, section 3704.14 of the Revised Code and rules	58141
adopted under it;	58142

(3) Ethanol or other biofuel facilities, including any	58143
equipment used at the ethanol or other biofuel facility for the	58144
production of ethanol or other biofuels;	58145

(4) Any property or portion thereof used for the collection,	58146
storage, treatment, utilization, processing, or final disposal of	58147
a by-product or solid waste resulting from any method, process,	58148
device, structure, or equipment that removes, reduces, prevents,	58149
contains, alters, conveys, stores, disperses, or disposes of air	58150
contaminants, or that renders less noxious or reduces the	58151
concentration of air contaminants in the ambient air;	58152

(5) Any property, device, or equipment that promotes the	58153
reduction of emissions of air contaminants into the ambient air	58154
through improvements in the efficiency of energy utilization or	58155
energy conservation;	58156

(6) Any coal research and development project conducted under	58157
Chapter 1555. of the Revised Code;	58158

(7) As determined by the director of the Ohio coal	58159
development office, any property or portion thereof that is used	58160
for the collection, storage, treatment, utilization, processing,	58161
or final disposal of a by-product resulting from a coal research	58162
and development project as defined in section 1555.01 of the	58163
Revised Code or from the use of clean coal technology, excluding	58164
any property or portion thereof that is used primarily for other	58165
subsequent commercial purposes;	58166

(8) Any property or portion thereof that is part of the	58167
FutureGen project of the United States department of energy or	58168
related to the siting of the FutureGen project.;	58169

(9) Any property, device, or equipment that promotes the	58170
reduction of emissions of air contaminants into the ambient air	58171
through the generation of clean, renewable energy with renewable	58172
energy resources or advanced energy resources as defined in	58173
section 3706.25 of the Revised Code.;	58174

(10) Any property, device, structure or equipment necessary	58175
for the manufacture and production of equipment described as an	58176
air quality facility under this chapter;	58177

(11) Any property, device, or equipment related to the	58178
recharging or refueling of vehicles that promotes the reduction of	58179
emissions of air contaminants into the ambient air through the use	58180
of an alternative fuel as defined in section 125.831 of the	58181
Revised Code or the use of a renewable energy resource as defined	58182
in section 3706.25 of the Revised Code.	58183

"Air quality facility" further includes any property or	58184
system to be used in whole or in part for any of the purposes in	58185
divisions (G)(1) to ~~(10)~~(11) of this section, whether another	58186
purpose is also served, and any property or system incidental to	58187
or that has to do with, or the end purpose of which is, any of the	58188
foregoing. Air quality facilities that are defined in this	58189
division for industry, commerce, distribution, or research,	58190
including public utility companies, are hereby determined to be	58191
those that qualify as facilities for the control of air pollution	58192
and thermal pollution related to air under Section 13 of Article	58193
VIII, Ohio Constitution.	58194

(H) "Project" or "air quality project" means any air quality	58195
facility, including undivided or other interests therein, acquired	58196
or to be acquired or constructed or to be constructed by the Ohio	58197
air quality development authority under this chapter, or acquired	58198
or to be acquired or constructed or to be constructed by a	58199
governmental agency or person with all or a part of the cost	58200
thereof being paid from a loan or grant from the authority under	58201
this chapter or otherwise paid from the proceeds of air quality	58202
revenue bonds, including all buildings and facilities that the	58203
authority determines necessary for the operation of the project,	58204
together with all property, rights, easements, and interests that	58205
may be required for the operation of the project.	58206

(I) "Cost" as applied to an air quality project means the	58207
cost of acquisition and construction, the cost of acquisition of	58208
all land, rights-of-way, property rights, easements, franchise	58209
rights, and interests required for such acquisition and	58210
construction, the cost of demolishing or removing any buildings or	58211
structures on land so acquired, including the cost of acquiring	58212
any lands to which such buildings or structures may be moved, the	58213
cost of acquiring or constructing and equipping a principal office	58214
and sub-offices of the authority, the cost of diverting highways,	58215
interchange of highways, and access roads to private property,	58216
including the cost of land or easements for such access roads, the	58217
cost of public utility and common carrier relocation or	58218
duplication, the cost of all machinery, furnishings, and	58219
equipment, financing charges, interest prior to and during	58220
construction and for no more than eighteen months after completion	58221
of construction, engineering, expenses of research and development	58222
with respect to air quality facilities, the cost of any commodity	58223
contract, including fees and expenses related thereto, legal	58224
expenses, plans, specifications, surveys, studies, estimates of	58225
cost and revenues, working capital, other expenses necessary or	58226
incident to determining the feasibility or practicability of	58227
acquiring or constructing such project, administrative expense,	58228
and such other expense as may be necessary or incident to the	58229
acquisition or construction of the project, the financing of such	58230
acquisition or construction, including the amount authorized in	58231
the resolution of the authority providing for the issuance of air	58232
quality revenue bonds to be paid into any special funds from the	58233
proceeds of such bonds, and the financing of the placing of such	58234
project in operation. Any obligation, cost, or expense incurred by	58235
any governmental agency or person for surveys, borings,	58236
preparation of plans and specifications, and other engineering	58237
services, or any other cost described above, in connection with	58238
the acquisition or construction of a project may be regarded as a	58239
part of the cost of that project and may be reimbursed out of the	58240
proceeds of air quality revenue bonds as authorized by this	58241
chapter.	58242

(J) "Owner" includes an individual, copartnership,	58243
association, or corporation having any title or interest in any	58244
property, rights, easements, or interests authorized to be	58245
acquired by this chapter.	58246

(K) "Revenues" means all rentals and other charges received	58247
by the authority for the use or services of any air quality	58248
project, any gift or grant received with respect to any air	58249
quality project, any moneys received with respect to the lease,	58250
sublease, sale, including installment sale or conditional sale, or	58251
other disposition of an air quality project, moneys received in	58252
repayment of and for interest on any loans made by the authority	58253
to a person or governmental agency, whether from the United States	58254
or any department, administration, or agency thereof, or	58255
otherwise, proceeds of such bonds to the extent that use thereof	58256
for payment of principal of, premium, if any, or interest on the	58257
bonds is authorized by the authority, amounts received or	58258
otherwise derived from a commodity contract or from the sale of	58259
the related commodity under such a contract, proceeds from any	58260
insurance, condemnation, or guaranty pertaining to a project or	58261
property mortgaged to secure bonds or pertaining to the financing	58262
of the project, and income and profit from the investment of the	58263
proceeds of air quality revenue bonds or of any revenues.	58264

(L) "Public roads" includes all public highways, roads, and	58265
streets in the state, whether maintained by the state, county,	58266
city, township, or other political subdivision.	58267

(M) "Public utility facilities" includes tracks, pipes,	58268
mains, conduits, cables, wires, towers, poles, and other equipment	58269
and appliances of any public utility.	58270

(N) "Construction," unless the context indicates a different	58271
meaning or intent, includes reconstruction, enlargement,	58272
improvement, or providing furnishings or equipment.	58273

(O) "Air quality revenue bonds," unless the context indicates	58274
a different meaning or intent, includes air quality revenue notes,	58275
air quality revenue renewal notes, and air quality revenue	58276
refunding bonds, except that notes issued in anticipation of the	58277
issuance of bonds shall have a maximum maturity of five years as	58278
provided in section 3706.05 of the Revised Code and notes or	58279
renewal notes issued as the definitive obligation may be issued	58280
maturing at such time or times with a maximum maturity of forty	58281
years from the date of issuance of the original note.	58282

(P) "Solid waste" means any garbage; refuse; sludge from a	58283
waste water treatment plant, water supply treatment plant, or air	58284
pollution control facility; and other discarded material,	58285
including solid, liquid, semisolid, or contained gaseous material	58286
resulting from industrial, commercial, mining, and agricultural	58287
operations, and from community activities, but not including solid	58288
or dissolved material in domestic sewage, or solid or dissolved	58289
material in irrigation return flows or industrial discharges that	58290
are point sources subject to permits under section 402 of the	58291
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	58292
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	58293
byproduct material as defined by the "Atomic Energy Act of 1954,"	58294
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	58295

(Q) "Sludge" means any solid, semisolid, or liquid waste,	58296
other than a recyclable by-product, generated from a municipal,	58297
commercial, or industrial waste water treatment plant, water	58298
supply plant, or air pollution control facility or any other such	58299
wastes having similar characteristics and effects.	58300

(R) "Ethanol or other biofuel facility" means a plant at	58301
which ethanol or other biofuel is produced.	58302

(S) "Ethanol" means fermentation ethyl alcohol derived from	58303
agricultural products, including potatoes, cereal, grains, cheese	58304
whey, and sugar beets; forest products; or other renewable or	58305
biomass resources, including residue and waste generated from the	58306
production, processing, and marketing of agricultural products,	58307
forest products, and other renewable or biomass resources, that	58308
meets all of the specifications in the American society for	58309
testing and materials (ASTM) specification D 4806-88 and is	58310
denatured as specified in Parts 20 and 21 of Title 27 of the Code	58311
of Federal Regulations.	58312

(T) "Biofuel" means any fuel that is made from cellulosic	58313
biomass resources, including renewable organic matter, crop waste	58314
residue, wood, aquatic plants and other crops, animal waste, solid	58315
waste, or sludge, and that is used for the production of energy	58316
for transportation or other purposes.	58317

(U) "FutureGen project" means the buildings, equipment, and	58318
real property and functionally related buildings, equipment, and	58319
real property, including related research projects that support	58320
the development and operation of the buildings, equipment, and	58321
real property, designated by the United States department of	58322
energy and the FutureGen industrial alliance, inc., as the	58323
coal-fueled, zero-emissions power plant designed to prove the	58324
technical and economic feasibility of producing electricity and	58325
hydrogen from coal and nearly eliminating carbon dioxide emissions	58326
through capture and permanent storage.	58327

(V) "Commodity contract" means a contract or series of	58328
contracts entered into in connection with the acquisition or	58329
construction of air quality facilities for the purchase or sale of	58330
a commodity that is eligible for prepayment with the proceeds of	58331
federally tax exempt bonds under sections 103, 141, and 148 of the	58332
Internal Revenue Code of 1986, as amended, and regulations adopted	58333
under it.	58334

Sec. 3707.511. (A) As used in this section~~, "physician"~~:

58335

"Physician" means a person authorized under Chapter 4731. of	58336
the Revised Code to practice medicine and surgery or osteopathic	58337
medicine and surgery.	58338

"Chiropractor" means a person licensed under Chapter 4734. of	58339
the Revised Code to practice chiropractic.	58340

(B) A youth sports organization shall provide to the parent,	58341
guardian, or other person having care or charge of an individual	58342
who wishes to practice for or compete in an athletic activity	58343
organized by a youth sports organization the concussion and head	58344
injury information sheet required by section 3707.52 of the	58345
Revised Code. The organization shall provide the information sheet	58346
annually for each sport or other category of athletic activity for	58347
or in which the individual practices or competes.	58348

(C)(1) No individual shall act as a coach or referee for a	58349
youth sports organization unless the individual holds a	58350
pupil-activity program permit issued under section 3319.303 of the	58351
Revised Code for coaching interscholastic athletics or presents	58352
evidence that the individual has successfully completed, within	58353
the previous three years, a training program in recognizing the	58354
symptoms of concussions and head injuries to which the department	58355
of health has provided a link on its internet web site under	58356
section 3707.52 of the Revised Code.	58357

(2) The youth sports organization for which the individual	58358
intends to act as a coach or referee shall inform the individual	58359
of the requirement described in division (C)(1) of this section.	58360

(D) If an individual practicing for or competing in an	58361
athletic event organized by a youth sports organization exhibits	58362
signs, symptoms, or behaviors consistent with having sustained a	58363
concussion or head injury while participating in the practice or	58364
competition, the individual shall be removed from the practice or	58365
competition by one of the following:	58366

(1) The individual who is serving as the individual's coach	58367
during that practice or competition;	58368

(2) An individual who is serving as a referee during that	58369
practice or competition;	58370

(3) An official of the youth sports organization who is	58371
supervising that practice or competition.	58372

(E)(1) If an individual is removed from practice or	58373
competition under division (D) of this section, the coach,	58374
referee, or official who removed the individual shall not allow	58375
the individual, on the same day the individual is removed, to	58376
return to that practice or competition or to participate in any	58377
other practice or competition for which the coach, referee, or	58378
official is responsible. Thereafter, the coach, referee, or	58379
official shall not allow the student to return to that practice or	58380
competition or to participate in any other practice or competition	58381
for which the coach, referee, or official is responsible until	58382
both of the following conditions are satisfied:	58383

(a) The individual's condition is assessed by ~~either~~any of	58384
the following:	58385

(i) A physician;

58386

(ii) A chiropractor;

58387

(iii) Any other licensed health care provider the youth	58388
sports organization, pursuant to division (E)(2) of this section,	58389
authorizes to assess an individual who has been removed from	58390
practice or competition under division (D) of this section.	58391

(b) The individual receives written clearance that it is safe	58392
for the individual to return to practice or competition from a	58393
physician, chiropractor, or ~~from~~ another licensed health care	58394
provider authorized pursuant to division (E)(2) of this section to	58395
grant the clearance.	58396

(2) A youth sports organization may authorize a licensed	58397
health care provider who is not a physician or a chiropractor to	58398
make an assessment or grant a clearance for purposes of division	58399
(E)(1) of this section only if the provider is acting in	58400
accordance with one of the following, as applicable to the	58401
provider's authority to practice in this state:	58402

(a) In consultation with a physician;

58403

(b) Pursuant to the referral of a physician;

58404

58405

(d) Under the supervision of a physician.

58406

(3) A physician, chiropractor, or other licensed health care	58407
provider who makes an assessment or grants a clearance for	58408
purposes of division (E)(1) of this section may be a volunteer.	58409

(F)(1) A youth sports organization or official, employee, or	58410
volunteer of a youth sports organization, including a coach or	58411
referee, is not liable in damages in a civil action for injury,	58412
death, or loss to person or property allegedly arising from	58413
providing services or performing duties under this section, unless	58414
the act or omission constitutes willful or wanton misconduct.	58415

(2) This section does not eliminate, limit, or reduce any	58416
other immunity or defense that a public entity, public official,	58417
or public employee may be entitled to under Chapter 2744. or any	58418
other provision of the Revised Code or under the common law of	58419
this state.	58420

Sec. 3709.01. The state shall be divided into health	58421
districts. Each city constitutes a health district and shall be	58422
known as a "city health district."	58423

The townships and villages in each county shall be combined	58424
into a health district and shall be known as a "general health	58425
district."	58426

As provided for in sections 3709.051, 3709.07, ~~3709.071,~~ and	58427
3709.10 of the Revised Code, there may be a union of two or more	58428
~~contiguous~~ general health districts, ~~not to exceed five,~~ a union	58429
of two or more ~~contiguous~~ city health districts to form a single	58430
city health district, or a union of a general health district and	58431
one or more city health districts located within or partially	58432
within such general health district.	58433

Sec. 3709.051. Two or more ~~contiguous~~ city health districts	58434
may be united to form a single city health district by a majority	58435
affirmative vote of the legislative authority of each city	58436
affected by the union.	58437

If at least three per cent of the qualified electors residing	58438
within each of two or more ~~contiguous~~ city health districts sign a	58439
petition proposing a union into a single city health district, an	58440
election shall be held as provided in this section to determine	58441
whether a single city health district shall be formed. The	58442
petition for union may specify regarding the board of health of	58443
the new district:	58444

(A) The qualifications for membership;

58445

(B) The term of office;

58446

(C) The number of members or a method by which the number may	58447
be determined from time to time;	58448

(D) The method of appointment.

58449

Such petition shall be filed with the boards of county	58450
commissioners of the respective counties affected, subject to	58451
approval of the director of health, and such boards shall promptly	58452
certify the text of the proposal to the boards of election for the	58453
purpose of having the proposal placed on the ballot at the next	58454
general election occurring more than ninety days after such	58455
certification. The election procedures provided in Chapter 3505.	58456
of the Revised Code for questions and issues shall apply to the	58457
election. If a majority of the electors voting on the proposal in	58458
each of the health districts affected vote in favor thereof, the	58459
union of such districts into a single city health district shall	58460
be established on the second succeeding first day of January.	58461

Sec. 3709.10. When it is proposed that two or more	58462
~~contiguous~~ general health districts~~, not to exceed five,~~ unite in	58463
the formation of one general health district, the district	58464
advisory council of each general health district shall meet and	58465
vote on the question of union. An affirmative majority vote of the	58466
district advisory council shall be required for approval. When the	58467
district advisory councils have voted affirmatively on the	58468
question, they shall meet in joint session and shall elect a board	58469
of health for the combined districts. Each original general health	58470
district shall be entitled to at least one member on the board of	58471
health of the combined districts.	58472

When such union is completed, ~~such~~the district shall	58473
constitute a general health district and shall be governed in the	58474
manner provided for general health districts. When two or more	58475
general health districts unite to form one district, the office of	58476
the board of health shall be located at the county seat of the	58477
county selected by the joint board of district advisory councils.	58478

When two or more general health districts have been combined	58479
into a single district, the county auditor of the county selected	58480
by the joint board of district advisory councils as the location	58481
of the central office of the board of health shall be the auditor	58482
of such district and the county treasurer of such county shall be	58483
the custodian of the health funds of such district. When the	58484
budget of such combined general health district is a matter for	58485
consideration, the members of the budget commissions of the	58486
counties constituting the district shall sit as a joint board for	58487
considering and acting on such budget.	58488

Sec. 3712.051. (A) As used in this division, "person" does	58489
not include a member of an interdisciplinary team, as defined in	58490
section 3712.01 of the Revised Code, or any individual who is	58491
employed by a person or public agency licensed under section	58492
3712.041 of the Revised Code.	58493

Except as provided in division (B) of this section, no person	58494
or public agency, other than a person or public agency licensed	58495
pursuant to section 3712.041 of the Revised Code, shall hold	58496
itself out as providing a pediatric respite care program, or	58497
provide a pediatric respite care program, or use the term	58498
"pediatric respite care program" or any term containing "pediatric	58499
respite care" to describe or refer to a health program, facility,	58500
or agency.	58501

(B) Division (A) of this section does not apply to any of the	58502
following:	58503

(1) A hospital;

58504

(2) A nursing home or residential care facility, as those	58505
terms are defined in section 3721.01 of the Revised Code;	58506

(3) A home health agency, if it provides services under	58507
contract with a person or public agency providing a pediatric	58508
respite care program licensed under section 3712.041 of the	58509
Revised Code;	58510

(4) A regional, state, or national nonprofit organization	58511
whose members are providers of pediatric respite care programs,	58512
individuals interested in pediatric respite care programs, or	58513
both, as long as the organization does not provide or represent	58514
that it provides pediatric respite care programs;	58515

(5) A person or government entity certified under section	58516
5123.161 of the Revised Code as a supported living provider;	58517

(6) A residential facility licensed under section 5123.19 of	58518
the Revised Code;	58519

(7) A respite care home certified under section 5126.05 of	58520
the Revised Code;	58521

(8) A person providing respite care under a family support	58522
services program established under section 5126.11 of the Revised	58523
Code;	58524

(9) A person or government entity providing respite care	58525
under a medicaid waiver component that the department of	58526
developmental disabilities administers pursuant to section	58527
~~5111.871~~5166.21 of the Revised Code.	58528

(C) The department of health shall petition the court of	58529
common pleas of any county in which a person or public agency,	58530
without a license granted under section 3712.041 of the Revised	58531
Code, is holding itself out as providing a pediatric respite care	58532
program, is providing a pediatric respite care program, or is	58533
representing a health program, facility, or agency as a pediatric	58534
respite care program, for an order enjoining that person or public	58535
agency from conducting those activities without a license. The	58536
court has jurisdiction to grant injunctive relief upon a showing	58537
that the respondent named in the petition is conducting those	58538
activities without a license.	58539

Any person or public agency may request the department to	58540
petition the court for injunctive relief under this division, and	58541
the department shall do so if it determines that the person or	58542
public agency named in the request is violating division (A) of	58543
this section.	58544

Sec. 3712.07. (A) As used in this section, "terminal care	58545
facility for the homeless" means a facility that provides	58546
accommodations to homeless individuals who are terminally ill.	58547

(B) A person or public agency licensed under this chapter to	58548
provide a hospice care program may enter into an agreement with a	58549
terminal care facility for the homeless under which hospice care	58550
program services may be provided to individuals residing at the	58551
facility, if all of the following apply:	58552

(1) Each resident of the facility has been diagnosed by a	58553
physician as having a terminal condition and an anticipated life	58554
expectancy of six months or less;	58555

(2) No resident of the facility has a relative or other	58556
person willing or capable of providing the care necessary to cope	58557
with ~~his~~the resident's terminal illness or is financially capable	58558
of hiring a person to provide such care;	58559

(3) Each resident of the facility is under the direct care of	58560
a physician;	58561

(4) No resident of the facility requires the staff of the	58562
facility to administer medication by injection;	58563

(5) The facility does not receive any remuneration, directly	58564
or indirectly, from the residents;	58565

(6) The facility does not receive any remuneration, directly	58566
or indirectly, from the ~~medical assistance~~medicaid program	58567
~~established under section 5111.01 of the Revised Code~~ or the	58568
medicare program ~~established under Title XVIII of the "Social~~	58569
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~;	58570

(7) The facility meets all applicable state and federal	58571
health and safety standards, including standards for fire	58572
prevention, maintenance of safe and sanitary conditions, and	58573
proper preparation and storage of foods.	58574

(C) Hospice care program services may be provided at a	58575
terminal care facility for the homeless only by the personnel of	58576
the person or public agency that has entered into an agreement	58577
with the facility under this section.	58578

(D) A terminal care facility for the homeless that has	58579
entered into an agreement under this section may assist its	58580
residents with the self-administration of medication if the	58581
medication has been prescribed by a physician and is not	58582
administered by injection. In the event that a resident has	58583
entered the final stages of dying and is no longer mentally alert,	58584
the facility may administer medication to that resident if the	58585
medication has been prescribed by a physician and is not	58586
administered by injection. Determinations of whether an individual	58587
has entered the final stages of dying and is no longer mentally	58588
alert shall be based on directions from the personnel who provide	58589
hospice care program services at the facility.	58590

Sec. 3712.09. (A) As used in this section:

58591

(1) "Applicant" means a person who is under final	58592
consideration for employment with a hospice care program or	58593
pediatric respite care program in a full-time, part-time, or	58594
temporary position that involves providing direct care to an older	58595
adult or pediatric respite care patient. "Applicant" does not	58596
include a person who provides direct care as a volunteer without	58597
receiving or expecting to receive any form of remuneration other	58598
than reimbursement for actual expenses.	58599

(2) "Criminal records check" has the same meaning as in	58600
section 109.572 of the Revised Code.	58601

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

58602

(B)(1) Except as provided in division (I) of this section,	58603
the chief administrator of a hospice care program or pediatric	58604
respite care program shall request that the superintendent of the	58605
bureau of criminal identification and investigation conduct a	58606
criminal records check of each applicant. If an applicant for whom	58607
a criminal records check request is required under this division	58608
does not present proof of having been a resident of this state for	58609
the five-year period immediately prior to the date the criminal	58610
records check is requested or provide evidence that within that	58611
five-year period the superintendent has requested information	58612
about the applicant from the federal bureau of investigation in a	58613
criminal records check, the chief administrator shall request that	58614
the superintendent obtain information from the federal bureau of	58615
investigation as part of the criminal records check of the	58616
applicant. Even if an applicant for whom a criminal records check	58617
request is required under this division presents proof of having	58618
been a resident of this state for the five-year period, the chief	58619
administrator may request that the superintendent include	58620
information from the federal bureau of investigation in the	58621
criminal records check.	58622

(2) A person required by division (B)(1) of this section to	58623
request a criminal records check shall do both of the following:	58624

(a) Provide to each applicant for whom a criminal records	58625
check request is required under that division a copy of the form	58626
prescribed pursuant to division (C)(1) of section 109.572 of the	58627
Revised Code and a standard fingerprint impression sheet	58628
prescribed pursuant to division (C)(2) of that section, and obtain	58629
the completed form and impression sheet from the applicant;	58630

(b) Forward the completed form and impression sheet to the	58631
superintendent of the bureau of criminal identification and	58632
investigation.	58633

(3) An applicant provided the form and fingerprint impression	58634
sheet under division (B)(2)(a) of this section who fails to	58635
complete the form or provide fingerprint impressions shall not be	58636
employed in any position for which a criminal records check is	58637
required by this section.	58638

(C)(1) Except as provided in rules adopted by the director of	58639
health in accordance with division (F) of this section and subject	58640
to division (C)(2) of this section, no hospice care program or	58641
pediatric respite care program shall employ a person in a position	58642
that involves providing direct care to an older adult or pediatric	58643
respite care patient if the person has been convicted of or	58644
pleaded guilty to any of the following:	58645

(a) A violation of section 2903.01, 2903.02, 2903.03,	58646
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	58647
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	58648
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	58649
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	58650
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	58651
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	58652
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	58653
2925.22, 2925.23, or 3716.11 of the Revised Code.	58654

(b) A violation of an existing or former law of this state,	58655
any other state, or the United States that is substantially	58656
equivalent to any of the offenses listed in division (C)(1)(a) of	58657
this section.	58658

(2)(a) A hospice care program or pediatric respite care	58659
program may employ conditionally an applicant for whom a criminal	58660
records check request is required under division (B) of this	58661
section prior to obtaining the results of a criminal records check	58662
regarding the individual, provided that the program shall request	58663
a criminal records check regarding the individual in accordance	58664
with division (B)(1) of this section not later than five business	58665
days after the individual begins conditional employment. In the	58666
circumstances described in division (I)(2) of this section, a	58667
hospice care program or pediatric respite care program may employ	58668
conditionally an applicant who has been referred to the hospice	58669
care program or pediatric respite care program by an employment	58670
service that supplies full-time, part-time, or temporary staff for	58671
positions involving the direct care of older adults or pediatric	58672
respite care patients and for whom, pursuant to that division, a	58673
criminal records check is not required under division (B) of this	58674
section.	58675

(b) A hospice care program or pediatric respite care program	58676
that employs an individual conditionally under authority of	58677
division (C)(2)(a) of this section shall terminate the	58678
individual's employment if the results of the criminal records	58679
check requested under division (B) of this section or described in	58680
division (I)(2) of this section, other than the results of any	58681
request for information from the federal bureau of investigation,	58682
are not obtained within the period ending thirty days after the	58683
date the request is made. Regardless of when the results of the	58684
criminal records check are obtained, if the results indicate that	58685
the individual has been convicted of or pleaded guilty to any of	58686
the offenses listed or described in division (C)(1) of this	58687
section, the program shall terminate the individual's employment	58688
unless the program chooses to employ the individual pursuant to	58689
division (F) of this section. Termination of employment under this	58690
division shall be considered just cause for discharge for purposes	58691
of division (D)(2) of section 4141.29 of the Revised Code if the	58692
individual makes any attempt to deceive the program about the	58693
individual's criminal record.	58694

(D)(1) Each hospice care program or pediatric respite care	58695
program shall pay to the bureau of criminal identification and	58696
investigation the fee prescribed pursuant to division (C)(3) of	58697
section 109.572 of the Revised Code for each criminal records	58698
check conducted pursuant to a request made under division (B) of	58699
this section.	58700

(2) A hospice care program or pediatric respite care program	58701
may charge an applicant a fee not exceeding the amount the program	58702
pays under division (D)(1) of this section. A program may collect	58703
a fee only if both of the following apply:	58704

(a) The program notifies the person at the time of initial	58705
application for employment of the amount of the fee and that,	58706
unless the fee is paid, the person will not be considered for	58707
employment;	58708

(b) The ~~medical assistance~~medicaid program ~~established under~~	58709
~~Chapter 5111. of the Revised Code~~ does not reimburse the program	58710
the fee it pays under division (D)(1) of this section.	58711

(E) The report of a criminal records check conducted pursuant	58712
to a request made under this section is not a public record for	58713
the purposes of section 149.43 of the Revised Code and shall not	58714
be made available to any person other than the following:	58715

(1) The individual who is the subject of the criminal records	58716
check or the individual's representative;	58717

(2) The chief administrator of the program requesting the	58718
criminal records check or the administrator's representative;	58719

(3) The administrator of any other facility, agency, or	58720
program that provides direct care to older adults or pediatric	58721
respite care patients that is owned or operated by the same entity	58722
that owns or operates the hospice care program or pediatric	58723
respite care program;	58724

(4) A court, hearing officer, or other necessary individual	58725
involved in a case dealing with a denial of employment of the	58726
applicant or dealing with employment or unemployment benefits of	58727
the applicant;	58728

(5) Any person to whom the report is provided pursuant to,	58729
and in accordance with, division (I)(1) or (2) of this section.	58730

(F) The director of health shall adopt rules in accordance	58731
with Chapter 119. of the Revised Code to implement this section.	58732
The rules shall specify circumstances under which a hospice care	58733
program or pediatric respite care program may employ a person who	58734
has been convicted of or pleaded guilty to an offense listed or	58735
described in division (C)(1) of this section but meets personal	58736
character standards set by the director.	58737

(G) The chief administrator of a hospice care program or	58738
pediatric respite care program shall inform each individual, at	58739
the time of initial application for a position that involves	58740
providing direct care to an older adult or pediatric respite care	58741
patient, that the individual is required to provide a set of	58742
fingerprint impressions and that a criminal records check is	58743
required to be conducted if the individual comes under final	58744
consideration for employment.	58745

(H) In a tort or other civil action for damages that is	58746
brought as the result of an injury, death, or loss to person or	58747
property caused by an individual who a hospice care program or	58748
pediatric respite care program employs in a position that involves	58749
providing direct care to older adults or pediatric respite care	58750
patients, all of the following shall apply:	58751

(1) If the program employed the individual in good faith and	58752
reasonable reliance on the report of a criminal records check	58753
requested under this section, the program shall not be found	58754
negligent solely because of its reliance on the report, even if	58755
the information in the report is determined later to have been	58756
incomplete or inaccurate;	58757

(2) If the program employed the individual in good faith on a	58758
conditional basis pursuant to division (C)(2) of this section, the	58759
program shall not be found negligent solely because it employed	58760
the individual prior to receiving the report of a criminal records	58761
check requested under this section;	58762

(3) If the program in good faith employed the individual	58763
according to the personal character standards established in rules	58764
adopted under division (F) of this section, the program shall not	58765
be found negligent solely because the individual prior to being	58766
employed had been convicted of or pleaded guilty to an offense	58767
listed or described in division (C)(1) of this section.	58768

(I)(1) The chief administrator of a hospice care program or	58769
pediatric respite care program is not required to request that the	58770
superintendent of the bureau of criminal identification and	58771
investigation conduct a criminal records check of an applicant if	58772
the applicant has been referred to the program by an employment	58773
service that supplies full-time, part-time, or temporary staff for	58774
positions involving the direct care of older adults or pediatric	58775
respite care patients and both of the following apply:	58776

(a) The chief administrator receives from the employment	58777
service or the applicant a report of the results of a criminal	58778
records check regarding the applicant that has been conducted by	58779
the superintendent within the one-year period immediately	58780
preceding the applicant's referral;	58781

(b) The report of the criminal records check demonstrates	58782
that the person has not been convicted of or pleaded guilty to an	58783
offense listed or described in division (C)(1) of this section, or	58784
the report demonstrates that the person has been convicted of or	58785
pleaded guilty to one or more of those offenses, but the hospice	58786
care program or pediatric respite care program chooses to employ	58787
the individual pursuant to division (F) of this section.	58788

(2) The chief administrator of a hospice care program or	58789
pediatric respite care program is not required to request that the	58790
superintendent of the bureau of criminal identification and	58791
investigation conduct a criminal records check of an applicant and	58792
may employ the applicant conditionally as described in this	58793
division, if the applicant has been referred to the program by an	58794
employment service that supplies full-time, part-time, or	58795
temporary staff for positions involving the direct care of older	58796
adults or pediatric respite care patients and if the chief	58797
administrator receives from the employment service or the	58798
applicant a letter from the employment service that is on the	58799
letterhead of the employment service, dated, and signed by a	58800
supervisor or another designated official of the employment	58801
service and that states that the employment service has requested	58802
the superintendent to conduct a criminal records check regarding	58803
the applicant, that the requested criminal records check will	58804
include a determination of whether the applicant has been	58805
convicted of or pleaded guilty to any offense listed or described	58806
in division (C)(1) of this section, that, as of the date set forth	58807
on the letter, the employment service had not received the results	58808
of the criminal records check, and that, when the employment	58809
service receives the results of the criminal records check, it	58810
promptly will send a copy of the results to the hospice care	58811
program or pediatric respite care program. If a hospice care	58812
program or pediatric respite care program employs an applicant	58813
conditionally in accordance with this division, the employment	58814
service, upon its receipt of the results of the criminal records	58815
check, promptly shall send a copy of the results to the hospice	58816
care program or pediatric respite care program, and division	58817
(C)(2)(b) of this section applies regarding the conditional	58818
employment.	58819

Sec. 3713.06. (A) Any person required to register under	58820
division (A) of section 3713.02 of the Revised Code who imports	58821
bedding or stuffed toys into this state for retail sale or use in	58822
this state and any person required to register under division (A)	58823
of section 3713.02 of the Revised Code who manufactures bedding or	58824
stuffed toys in this state for retail sale or use in this state	58825
shall submit a report to the superintendent of industrial	58826
compliance, in a form and manner prescribed by the superintendent.	58827
The form shall be submitted once ~~every six months~~per year and	58828
shall show the total number of items of bedding or stuffed toys	58829
imported into this state or manufactured in this state. Each	58830
report shall be accompanied by a fee of four cents for each item	58831
of bedding or stuffed toy imported into this state or manufactured	58832
in this state.	58833

(B) Every importer, manufacturer, or wholesaler of stuffed	58834
toys or articles of bedding, and every mobile home and	58835
recreational vehicle dealer, conversion van dealer, secondhand	58836
dealer, and auction house shall retain records, designated by the	58837
superintendent in rule, for the time period established in rule.	58838

(C) Every importer, manufacturer, or wholesaler of stuffed	58839
toys or articles of bedding, and every mobile home and	58840
recreational vehicle dealer, conversion van dealer, secondhand	58841
dealer, and auction house shall make sufficient investigation of	58842
its records to ensure that the information reported to the	58843
superintendent under division (A) of this section is accurate.	58844

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	58845
health and the environmental protection agency in administering	58846
and enforcing this chapter and rules adopted under it, there is	58847
hereby levied a fee of thirty cents per cubic yard or sixty cents	58848
per ton, as applicable, on both of the following:	58849

(a) The disposal of construction and demolition debris at a	58850
construction and demolition debris facility that is licensed under	58851
this chapter or at a solid waste facility that is licensed under	58852
Chapter 3734. of the Revised Code;	58853

(b) The disposal of asbestos or asbestos-containing materials	58854
or products at a construction and demolition debris facility that	58855
is licensed under this chapter or at a solid waste facility that	58856
is licensed under Chapter 3734. of the Revised Code.	58857

(2) The owner or operator of a construction and demolition	58858
debris facility or a solid waste facility shall determine if cubic	58859
yards or tons will be used as the unit of measurement. If basing	58860
the fee on cubic yards, the owner or operator shall utilize either	58861
the maximum cubic yard capacity of the container, or the hauling	58862
volume of the vehicle, that transports the construction and	58863
demolition debris to the facility or the cubic yards actually	58864
logged for disposal by the owner or operator in accordance with	58865
rules adopted under section 3714.02 of the Revised Code. If basing	58866
the fee on tonnage, the owner or operator shall use certified	58867
scales to determine the tonnage of construction and demolition	58868
debris that is disposed of.	58869

(3) The owner or operator of a construction and demolition	58870
debris facility or a solid waste facility shall calculate the	58871
amount of money generated from the fee levied under division	58872
(A)(1) of this section and shall hold that amount as a trustee for	58873
the health district having jurisdiction over the facility, if that	58874
district is on the approved list under section 3714.09 of the	58875
Revised Code, or for the state. The owner or operator shall	58876
prepare and file with the appropriate board of health or the	58877
director of environmental protection monthly returns indicating	58878
the total volume or weight, as applicable, of construction and	58879
demolition debris and asbestos or asbestos-containing materials or	58880
products disposed of at the facility and the total amount of money	58881
generated during that month from the fee levied under division	58882
(A)(1) of this section on the disposal of construction and	58883
demolition debris and asbestos or asbestos-containing materials or	58884
products. Not later than thirty days after the last day of the	58885
month to which the return applies, the owner or operator shall	58886
mail to the board of health or the director the return for that	58887
month together with the amount of money calculated under division	58888
(A)(3) of this section on the disposal of construction and	58889
demolition debris and asbestos or asbestos-containing materials or	58890
products during that month or may submit the return and money	58891
electronically in a manner approved by the director. The owner or	58892
operator may request, in writing, an extension of not more than	58893
thirty days after the last day of the month to which the return	58894
applies. A request for extension may be denied. If the owner or	58895
operator submits the money late, the owner or operator shall pay a	58896
penalty of ten per cent of the amount of the money due for each	58897
month that it is late.	58898

(4) Of the money that is submitted by a construction and	58899
demolition debris facility or a solid waste facility on a per	58900
cubic yard or per ton basis under this section, a board of health	58901
shall transmit three cents per cubic yard or six cents per ton, as	58902
applicable, to the director not later than forty-five days after	58903
the receipt of the money. The money retained by a board of health	58904
under this section shall be paid into a special fund, which is	58905
hereby created in each health district, and used solely tofor the	58906
following purposes:	58907

(a) To administer and enforce this chapter and rules adopted	58908
under it;	58909

(b) To abate accumulations of construction and demolition	58910
debris as provided in section 3714.074 of the Revised Code.	58911

The director shall transmit all money received under this	58912
section to the treasurer of state to be credited to the	58913
construction and demolition debris facility oversight fund, which	58914
is hereby created in the state treasury. The fund shall be	58915
administered by the director, and money credited to the fund shall	58916
be used exclusively for the administration and enforcement of this	58917
chapter and rules adopted under it.	58918

(B) The board of health of a health district or the director	58919
may enter into an agreement with the owner or operator of a	58920
construction and demolition debris facility or a solid waste	58921
facility for the quarterly payment of money generated from the	58922
disposal fee as calculated in division (A)(3) of this section. The	58923
board of health shall notify the director of any such agreement.	58924
Not later than forty-five days after receipt of the quarterly	58925
payment, the board of health shall transmit the amount established	58926
in division (A)(4) of this section to the director. The money	58927
retained by the board of health shall be deposited in the special	58928
fund of the district as required under that division. Upon receipt	58929
of the money from a board of health, the director shall transmit	58930
the money to the treasurer of state to be credited to the	58931
construction and demolition debris facility oversight fund.	58932

(C) If a construction and demolition debris facility or a	58933
solid waste facility is located within the territorial boundaries	58934
of a municipal corporation or the unincorporated area of a	58935
township, the municipal corporation or township may appropriate up	58936
to four cents per cubic yard or up to eight cents per ton of the	58937
disposal fee required to be paid by the facility under division	58938
(A)(1) of this section for the same purposes that a municipal	58939
corporation or township may levy a fee under division (C) of	58940
section 3734.57 of the Revised Code.	58941

The legislative authority of the municipal corporation or	58942
township may appropriate the money from the fee by enacting an	58943
ordinance or adopting a resolution establishing the amount of the	58944
fee to be appropriated. Upon doing so, the legislative authority	58945
shall mail a certified copy of the ordinance or resolution to the	58946
board of health of the health district in which the construction	58947
and demolition debris facility or the solid waste facility is	58948
located or, if the facility is located in a health district that	58949
is not on the approved list under section 3714.09 of the Revised	58950
Code, to the director. Upon receipt of the copy of the ordinance	58951
or resolution and not later than forty-five days after receipt of	58952
money generated from the fee, the board or the director, as	58953
applicable, shall transmit to the treasurer or other appropriate	58954
officer of the municipal corporation or clerk of the township that	58955
portion of the money generated from the disposal fee by the owner	58956
or operator of the facility that is required by the ordinance or	58957
resolution to be paid to that municipal corporation or township.	58958

Money received by the treasurer or other appropriate officer	58959
of a municipal corporation under this division shall be paid into	58960
the general fund of the municipal corporation. Money received by	58961
the clerk of a township under this division shall be paid into the	58962
general fund of the township. The treasurer or other officer of	58963
the municipal corporation or the clerk of the township, as	58964
appropriate, shall maintain separate records of the money received	58965
under this division.	58966

The legislative authority of a municipal corporation or	58967
township may cease appropriating money under this division by	58968
repealing the ordinance or resolution that was enacted or adopted	58969
under this division.	58970

The director shall adopt rules in accordance with Chapter	58971
119. of the Revised Code establishing requirements for prorating	58972
the amount of the fee that may be appropriated under this division	58973
by a municipal corporation or township in which only a portion of	58974
a construction and demolition debris facility is located within	58975
the territorial boundaries of the municipal corporation or	58976
township.	58977

(D) The board of county commissioners of a county in which a	58978
construction and demolition debris facility or a solid waste	58979
facility is located may appropriate up to three cents per cubic	58980
yard or up to six cents per ton of the disposal fee required to be	58981
paid by the facility under division (A)(1) of this section for the	58982
same purposes that a solid waste management district may levy a	58983
fee under division (B) of section 3734.57 of the Revised Code.	58984

The board of county commissioners may appropriate the money	58985
from the fee by adopting a resolution establishing the amount of	58986
the fee to be appropriated. Upon doing so, the board of county	58987
commissioners shall mail a certified copy of the resolution to the	58988
board of health of the health district in which the construction	58989
and demolition debris facility or the solid waste facility is	58990
located or, if the facility is located in a health district that	58991
is not on the approved list under section 3714.09 of the Revised	58992
Code, to the director. Upon receipt of the copy of the resolution	58993
and not later than forty-five days after receipt of money	58994
generated from the fee, the board of health or the director, as	58995
applicable, shall transmit to the treasurer of the county that	58996
portion of the money generated from the disposal fee by the owner	58997
or operator of the facility that is required by the resolution to	58998
be paid to that county.	58999

Money received by a county treasurer under this division	59000
shall be paid into the general fund of the county. The county	59001
treasurer shall maintain separate records of the money received	59002
under this division.	59003

A board of county commissioners may cease appropriating money	59004
under this division by repealing the resolution that was adopted	59005
under this division.	59006

(E)(1) This section does not apply to the disposal of	59007
construction and demolition debris at a solid waste facility that	59008
is licensed under Chapter 3734. of the Revised Code if there is no	59009
construction and demolition debris facility licensed under this	59010
chapter within thirty-five miles of the solid waste facility as	59011
determined by a facility's property boundaries.	59012

(2) This section does not apply to the disposal of	59013
construction and demolition debris at a solid waste facility that	59014
is licensed under Chapter 3734. of the Revised Code if the owner	59015
or operator of the facility chooses to collect fees on the	59016
disposal of the construction and demolition debris and asbestos or	59017
asbestos-containing materials or products that are identical to	59018
the fees that are collected under Chapters 343. and 3734. of the	59019
Revised Code on the disposal of solid wastes at that facility.	59020

(3) This section does not apply to the disposal of source	59021
separated materials that are exclusively composed of reinforced or	59022
nonreinforced concrete, asphalt, clay tile, building or paving	59023
brick, or building or paving stone at a construction and	59024
demolition debris facility that is licensed under this chapter	59025
when either of the following applies:	59026

(a) The materials are placed within the limits of	59027
construction and demolition debris placement at the facility as	59028
specified in the license issued to the facility under section	59029
3714.06 of the Revised Code, are not placed within the unloading	59030
zone of the facility, and are used as a fire prevention measure in	59031
accordance with rules adopted by the director under section	59032
3714.02 of the Revised Code.	59033

(b) The materials are not placed within the unloading zone of	59034
the facility or within the limits of construction and demolition	59035
debris placement at the facility as specified in the license	59036
issued to the facility under section 3714.06 of the Revised Code,	59037
but are used as fill material, either alone or in conjunction with	59038
clean soil, sand, gravel, or other clean aggregates, in legitimate	59039
fill operations for construction purposes at the facility or to	59040
bring the facility up to a consistent grade.	59041

Sec. 3714.074. (A) A board of health may use money in the	59042
board's special fund created in section 3714.07 of the Revised	59043
Code for the purpose specified in division (B) of this section if	59044
both of the following apply:	59045

(1) It is the end of the fiscal year.

59046

(2) The board determines that it has more money in the fund	59047
than is necessary for the board to administer and enforce this	59048
chapter and rules adopted under it for the following fiscal year.	59049

(B) A board of health may use excess money as described in	59050
division (A) of this section to abate accumulations of	59051
construction and demolition debris at a location for which a	59052
license has not been issued pursuant to section 3714.05 of the	59053
Revised Code if all of the following apply to the property on	59054
which the accumulations are located:	59055

(1) The construction and demolition debris was placed on the	59056
property under either of the following circumstances:	59057

(a) After the owner of the property acquired title to it;

59058

(b) Before the owner of the property acquired title to it if	59059
the owner acquired title to the property by bequest or devise.	59060

(2) The owner of the property did not have knowledge that the	59061
construction and demolition debris was being placed on the	59062
property, or the owner posted on the property signs prohibiting	59063
dumping or took other action to prevent the placing of	59064
construction and demolition debris on the property.	59065

(3) The owner of the property did not participate in or	59066
consent to the placement of the construction and demolition debris	59067
on the property.	59068

(4) The owner of the property did not receive any financial	59069
benefit from the placement of the construction and demolition	59070
debris on the property or from having the construction and	59071
demolition debris on the property.	59072

(5) Title to the property was not transferred to the owner of	59073
that property for the purpose of avoiding liability for violations	59074
of this chapter or rules adopted under it.	59075

(6) The person responsible for the placement of the	59076
construction and demolition debris on the property, in placing the	59077
construction and demolition debris on the property, was not acting	59078
as an agent for the owner of the property.	59079

Sec. 3717.08. (A) The director of agriculture and director	59080
of health shall strive to increase consumer confidence in the	59081
state's food supply by promoting food safety awareness and	59082
education. The efforts of the director of agriculture and director	59083
of health shall be made, when appropriate and available, through	59084
partnerships with representatives of retail food establishments,	59085
representatives of food service operations, and representatives of	59086
the academic community, including ~~the Ohio state university~~OSU	59087
extension ~~service~~.	59088

(B) As part of their promotion of food safety awareness, the	59089
director of agriculture and the director of health shall do the	59090
following:	59091

(1) Develop training programs regarding the Ohio uniform food	59092
safety code. The directors may offer the training programs	59093
separately but shall coordinate the content of the programs to the	59094
greatest extent practicable. The training programs shall be made	59095
available to the employees of the department of agriculture,	59096
employees of the department of health, representatives of boards	59097
of health and the health officials employed by the boards,	59098
representatives of retail food establishments, and representatives	59099
of food service operations.	59100

(2) Co-sponsor a biennial statewide food safety conference.	59101
Additional statewide food safety conferences may be held as	59102
considered appropriate by the director of agriculture and director	59103
of health.	59104

Sec. 3718.06. (A) A board of health shall establish fees in	59105
accordance with section 3709.09 of the Revised Code for the	59106
purpose of carrying out its duties under this chapter and rules	59107
adopted under it, including fees for installation permits,	59108
operation permits, and alteration permits issued by the board. All	59109
fees so established and collected by the board shall be deposited	59110
in a special fund of the district to be used exclusively by the	59111
board in carrying out those duties.	59112

(B) In accordance with Chapter 119. of the Revised Code, the	59113
director of health may establish by rule a fee to be collected	59114
from applicants for installation permits and alteration permits	59115
issued under rules adopted under this chapter. The director of	59116
health shall use not more than ~~seventy-five~~ninety per cent of the	59117
proceeds from that fee for administering and enforcing this	59118
chapter and the rules adopted under it by the director. The	59119
director shall use not less than ~~twenty-five~~ten per cent of the	59120
proceeds from that fee to establish a program in cooperation with	59121
boards of health to fund installation and evaluation of sewage	59122
treatment system new technology pilot projects through grants or	59123
other agreements. In the selection of pilot projects, the director	59124
shall consult with the sewage treatment system technical advisory	59125
committee. A board of health shall collect and transmit the fee to	59126
the director pursuant to section 3709.092 of the Revised Code.	59127

Sec. 3719.61. Nothing in the laws dealing with drugs of	59128
abuse shall be construed to prohibit treatment of narcotic drug	59129
dependent persons by the continuing maintenance of their	59130
dependence through the administration of methadone in accordance	59131
with the rules adopted by the department of ~~alcohol and drug~~	59132
~~addiction services~~mental health and addiction services under	59133
section ~~3793.11~~5119.39 of the Revised Code, when all of the	59134
following apply:	59135

(A) The likelihood that any person undergoing maintenance	59136
treatment will be cured of dependence on narcotic drugs is remote,	59137
the treatment is prescribed for the purpose of alleviating or	59138
controlling the patient's drug dependence, and the patient's	59139
prognosis while undergoing treatment is at least a partial	59140
improvement in the patient's asocial or antisocial behavior	59141
patterns;	59142

(B) In the case of an inpatient in a hospital or clinic, the	59143
amount of the maintenance drug dispensed at any one time does not	59144
exceed the quantity necessary for a single dose, and the dose is	59145
administered to the patient immediately;	59146

(C) In the case of an outpatient, the amount of the	59147
maintenance drug dispensed at any one time shall be determined by	59148
the patient's treatment provider taking into account the patient's	59149
progress in the treatment program and the patient's needs for	59150
gainful employment, education, and responsible homemaking, except	59151
that in no event shall the dosage be greater than the amount	59152
permitted by federal law and rules adopted by the department	59153
pursuant to section ~~3793.11~~5119.39 of the Revised Code;	59154

(D) The drug is not dispensed in any case to replace or	59155
supplement any part of a supply of the drug previously dispensed,	59156
or when there is reasonable cause to believe it will be used or	59157
disposed of unlawfully;	59158

(E) The drug is dispensed through a program licensed and	59159
operated in accordance with section ~~3793.11~~5119.39 of the Revised	59160
Code.	59161

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	59162
3721.99 of the Revised Code:	59163

(1)(a) "Home" means an institution, residence, or facility	59164
that provides, for a period of more than twenty-four hours,	59165
whether for a consideration or not, accommodations to three or	59166
more unrelated individuals who are dependent upon the services of	59167
others, including a nursing home, residential care facility, home	59168
for the aging, and a veterans' home operated under Chapter 5907.	59169
of the Revised Code.	59170

(b) "Home" also means both of the following:

59171

(i) Any facility that a person, as defined in section 3702.51	59172
of the Revised Code, proposes for certification as a skilled	59173
nursing facility or nursing facility under Title XVIII or XIX of	59174
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	59175
as amended, and for which a certificate of need, other than a	59176
certificate to recategorize hospital beds as described in section	59177
3702.521 of the Revised Code or division (R)(7)(d) of the version	59178
of section 3702.51 of the Revised Code in effect immediately prior	59179
to April 20, 1995, has been granted to the person under sections	59180
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	59181

(ii) A county home or district home that is or has been	59182
licensed as a residential care facility.	59183

59184

(i) Except as provided in division (A)(1)(b) of this section,	59185
a public hospital or hospital as defined in section 3701.01 or	59186
5122.01 of the Revised Code;	59187

(ii) A residential facility as defined in section ~~5119.22~~	59188
5119.34 of the Revised Code;	59189

(iii) A residential facility as defined in section 5123.19 of	59190
the Revised Code;	59191

(iv) ~~An alcohol or drug~~A community addiction ~~program~~	59192
services provider as defined in section ~~3793.01~~5119.01 of the	59193
Revised Code;	59194

(v) A facility licensed to provide methadone treatment under	59195
section ~~3793.11~~5119.39 of the Revised Code;	59196

(vi) A facility providing services under contract with the	59197
department of developmental disabilities under section 5123.18 of	59198
the Revised Code;	59199

(vii) A facility operated by a hospice care program licensed	59200
under section 3712.04 of the Revised Code that is used exclusively	59201
for care of hospice patients;	59202

(viii) A facility operated by a pediatric respite care	59203
program licensed under section 3712.041 of the Revised Code that	59204
is used exclusively for care of pediatric respite care patients;	59205

(ix) A facility, infirmary, or other entity that is operated	59206
by a religious order, provides care exclusively to members of	59207
religious orders who take vows of celibacy and live by virtue of	59208
their vows within the orders as if related, and does not	59209
participate in the medicare program ~~established under Title XVIII~~	59210
~~of the "Social Security Act"~~ or the ~~medical assistance~~medicaid	59211
program ~~established under Chapter 5111. of the Revised Code and~~	59212
~~Title XIX of the "Social Security Act,"~~ if on January 1, 1994, the	59213
facility, infirmary, or entity was providing care exclusively to	59214
members of the religious order;	59215

(x) A county home or district home that has never been	59216
licensed as a residential care facility.	59217

(2) "Unrelated individual" means one who is not related to	59218
the owner or operator of a home or to the spouse of the owner or	59219
operator as a parent, grandparent, child, grandchild, brother,	59220
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	59221
uncle.	59222

(3) "Mental impairment" does not mean mental illness as	59223
defined in section 5122.01 of the Revised Code or mental	59224
retardation as defined in section 5123.01 of the Revised Code.	59225

(4) "Skilled nursing care" means procedures that require	59226
technical skills and knowledge beyond those the untrained person	59227
possesses and that are commonly employed in providing for the	59228
physical, mental, and emotional needs of the ill or otherwise	59229
incapacitated. "Skilled nursing care" includes, but is not limited	59230
to, the following:	59231

(a) Irrigations, catheterizations, application of dressings,	59232
and supervision of special diets;	59233

(b) Objective observation of changes in the patient's	59234
condition as a means of analyzing and determining the nursing care	59235
required and the need for further medical diagnosis and treatment;	59236

59237

(d) Administration of medication by any method ordered by a	59238
physician, such as hypodermically, rectally, or orally, including	59239
observation of the patient after receipt of the medication;	59240

(e) Carrying out other treatments prescribed by the physician	59241
that involve a similar level of complexity and skill in	59242
administration.	59243

(5)(a) "Personal care services" means services including, but	59244
not limited to, the following:	59245

(i) Assisting residents with activities of daily living;

59246

(ii) Assisting residents with self-administration of	59247
medication, in accordance with rules adopted under section 3721.04	59248
of the Revised Code;	59249

(iii) Preparing special diets, other than complex therapeutic	59250
diets, for residents pursuant to the instructions of a physician	59251
or a licensed dietitian, in accordance with rules adopted under	59252
section 3721.04 of the Revised Code.	59253

(b) "Personal care services" does not include "skilled	59254
nursing care" as defined in division (A)(4) of this section. A	59255
facility need not provide more than one of the services listed in	59256
division (A)(5)(a) of this section to be considered to be	59257
providing personal care services.	59258

(6) "Nursing home" means a home used for the reception and	59259
care of individuals who by reason of illness or physical or mental	59260
impairment require skilled nursing care and of individuals who	59261
require personal care services but not skilled nursing care. A	59262
nursing home is licensed to provide personal care services and	59263
skilled nursing care.	59264

(7) "Residential care facility" means a home that provides	59265
either of the following:	59266

(a) Accommodations for seventeen or more unrelated	59267
individuals and supervision and personal care services for three	59268
or more of those individuals who are dependent on the services of	59269
others by reason of age or physical or mental impairment;	59270

(b) Accommodations for three or more unrelated individuals,	59271
supervision and personal care services for at least three of those	59272
individuals who are dependent on the services of others by reason	59273
of age or physical or mental impairment, and, to at least one of	59274
those individuals, any of the skilled nursing care authorized by	59275
section 3721.011 of the Revised Code.	59276

(8) "Home for the aging" means a home that provides services	59277
as a residential care facility and a nursing home, except that the	59278
home provides its services only to individuals who are dependent	59279
on the services of others by reason of both age and physical or	59280
mental impairment.	59281

The part or unit of a home for the aging that provides	59282
services only as a residential care facility is licensed as a	59283
residential care facility. The part or unit that may provide	59284
skilled nursing care beyond the extent authorized by section	59285
3721.011 of the Revised Code is licensed as a nursing home.	59286

(9) "County home" and "district home" mean a county home or	59287
district home operated under Chapter 5155. of the Revised Code.	59288

(B) The director of health may further classify homes. For	59289
the purposes of this chapter, any residence, institution, hotel,	59290
congregate housing project, or similar facility that meets the	59291
definition of a home under this section is such a home regardless	59292
of how the facility holds itself out to the public.	59293

(C) For purposes of this chapter, personal care services or	59294
skilled nursing care shall be considered to be provided by a	59295
facility if they are provided by a person employed by or	59296
associated with the facility or by another person pursuant to an	59297
agreement to which neither the resident who receives the services	59298
nor the resident's sponsor is a party.	59299

(D) Nothing in division (A)(4) of this section shall be	59300
construed to permit skilled nursing care to be imposed on an	59301
individual who does not require skilled nursing care.	59302

Nothing in division (A)(5) of this section shall be construed	59303
to permit personal care services to be imposed on an individual	59304
who is capable of performing the activity in question without	59305
assistance.	59306

(E) Division (A)(1)(c)(ix) of this section does not prohibit	59307
a facility, infirmary, or other entity described in that division	59308
from seeking licensure under sections 3721.01 to 3721.09 of the	59309
Revised Code or certification under Title XVIII or XIX of the	59310
"Social Security Act." However, such a facility, infirmary, or	59311
entity that applies for licensure or certification must meet the	59312
requirements of those sections or titles and the rules adopted	59313
under them and obtain a certificate of need from the director of	59314
health under section 3702.52 of the Revised Code.	59315

(F) Nothing in this chapter, or rules adopted pursuant to it,	59316
shall be construed as authorizing the supervision, regulation, or	59317
control of the spiritual care or treatment of residents or	59318
patients in any home who rely upon treatment by prayer or	59319
spiritual means in accordance with the creed or tenets of any	59320
recognized church or religious denomination.	59321

Sec. 3721.011. (A) In addition to providing accommodations,	59322
supervision, and personal care services to its residents, a	59323
residential care facility may do the following:	59324

(1) Provide the following skilled nursing care to its	59325
residents:	59326

(a) Supervision of special diets;

59327

(b) Application of dressings, in accordance with rules	59328
adopted under section 3721.04 of the Revised Code;	59329

(c) Subject to division (B)(1) of this section,	59330
administration of medication.	59331

(2) Subject to division (C) of this section, provide other	59332
skilled nursing care on a part-time, intermittent basis for not	59333
more than a total of one hundred twenty days in a twelve-month	59334
period;	59335

(3) Provide skilled nursing care for more than one hundred	59336
twenty days in a twelve-month period to a resident when the	59337
requirements of division (D) of this section are met.	59338

A residential care facility may not admit or retain an	59339
individual requiring skilled nursing care that is not authorized	59340
by this section. A residential care facility may not provide	59341
skilled nursing care beyond the limits established by this	59342
section.	59343

(B)(1) A residential care facility may admit or retain an	59344
individual requiring medication, including biologicals, only if	59345
the individual's personal physician has determined in writing that	59346
the individual is capable of self-administering the medication or	59347
the facility provides for the medication to be administered to the	59348
individual by a home health agency certified under Title XVIII of	59349
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	59350
amended; a hospice care program licensed under Chapter 3712. of	59351
the Revised Code; or a member of the staff of the residential care	59352
facility who is qualified to perform medication administration.	59353
Medication may be administered in a residential care facility only	59354
by the following persons authorized by law to administer	59355
medication:	59356

(a) A registered nurse licensed under Chapter 4723. of the	59357
Revised Code;	59358

(b) A licensed practical nurse licensed under Chapter 4723.	59359
of the Revised Code who holds proof of successful completion of a	59360
course in medication administration approved by the board of	59361
nursing and who administers the medication only at the direction	59362
of a registered nurse or a physician authorized under Chapter	59363
4731. of the Revised Code to practice medicine and surgery or	59364
osteopathic medicine and surgery;	59365

(c) A medication aide certified under Chapter 4723. of the	59366
Revised Code;	59367

(d) A physician authorized under Chapter 4731. of the Revised	59368
Code to practice medicine and surgery or osteopathic medicine and	59369
surgery.	59370

(2) In assisting a resident with self-administration of	59371
medication, any member of the staff of a residential care facility	59372
may do the following:	59373

(a) Remind a resident when to take medication and watch to	59374
ensure that the resident follows the directions on the container;	59375

(b) Assist a resident by taking the medication from the	59376
locked area where it is stored, in accordance with rules adopted	59377
pursuant to section 3721.04 of the Revised Code, and handing it to	59378
the resident. If the resident is physically unable to open the	59379
container, a staff member may open the container for the resident.	59380

(c) Assist a physically impaired but mentally alert resident,	59381
such as a resident with arthritis, cerebral palsy, or Parkinson's	59382
disease, in removing oral or topical medication from containers	59383
and in consuming or applying the medication, upon request by or	59384
with the consent of the resident. If a resident is physically	59385
unable to place a dose of medicine to the resident's mouth without	59386
spilling it, a staff member may place the dose in a container and	59387
place the container to the mouth of the resident.	59388

(C) Except as provided in division (D) of this section, a	59389
residential care facility may admit or retain individuals who	59390
require skilled nursing care beyond the supervision of special	59391
diets, application of dressings, or administration of medication,	59392
only if the care will be provided on a part-time, intermittent	59393
basis for not more than a total of one hundred twenty days in any	59394
twelve-month period. In accordance with Chapter 119. of the	59395
Revised Code, the director of health shall adopt rules specifying	59396
what constitutes the need for skilled nursing care on a part-time,	59397
intermittent basis. The director shall adopt rules that are	59398
consistent with rules pertaining to home health care adopted by	59399
the medicaid director ~~of job and family services~~ for the medicaid	59400
program ~~established under Chapter 5111. of the Revised Code~~.	59401
Skilled nursing care provided pursuant to this division may be	59402
provided by a home health agency certified ~~under Title XVIII of~~	59403
~~the "Social Security Act~~for participation in the medicare	59404
program," a hospice care program licensed under Chapter 3712. of	59405
the Revised Code, or a member of the staff of a residential care	59406
facility who is qualified to perform skilled nursing care.	59407

A residential care facility that provides skilled nursing	59408
care pursuant to this division shall do both of the following:	59409

(1) Evaluate each resident receiving the skilled nursing care	59410
at least once every seven days to determine whether the resident	59411
should be transferred to a nursing home;	59412

(2) Meet the skilled nursing care needs of each resident	59413
receiving the care.	59414

(D)(1) A residential care facility may admit or retain an	59415
individual who requires skilled nursing care for more than one	59416
hundred twenty days in any twelve-month period only if the	59417
facility has entered into a written agreement with each of the	59418
following:	59419

(a) The individual or individual's sponsor;

59420

(b) The individual's personal physician;

59421

(c) Unless the individual's personal physician oversees the	59422
skilled nursing care, the provider of the skilled nursing care;	59423

(d) If the individual is a hospice patient as defined in	59424
section 3712.01 of the Revised Code, a hospice care program	59425
licensed under Chapter 3712. of the Revised Code.	59426

(2) The agreement required by division (D)(1) of this section	59427
shall include all of the following provisions:	59428

(a) That the individual will be provided skilled nursing care	59429
in the facility only if a determination has been made that the	59430
individual's needs can be met at the facility;	59431

(b) That the individual will be retained in the facility only	59432
if periodic redeterminations are made that the individual's needs	59433
are being met at the facility;	59434

(c) That the redeterminations will be made according to a	59435
schedule specified in the agreement;	59436

(d) If the individual is a hospice patient, that the	59437
individual has been given an opportunity to choose the hospice	59438
care program that best meets the individual's needs;	59439

(e) Unless the individual is a hospice patient, that the	59440
individual's personal physician has determined that the skilled	59441
nursing care the individual needs is routine.	59442

(E) Notwithstanding any other provision of this chapter, a	59443
residential care facility in which residents receive skilled	59444
nursing care pursuant to this section is not a nursing home.	59445

Sec. 3721.02. (A) As used in this section, "residential	59446
facility" means a residential facility licensed under section	59447
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	59448
supervision, and personal care services for three to sixteen	59449
unrelated adults.	59450

(B) The director of health shall license homes and establish	59451
procedures to be followed in inspecting and licensing homes. The	59452
director may inspect a home at any time. Each home shall be	59453
inspected by the director at least once prior to the issuance of a	59454
license and at least once every fifteen months thereafter. The	59455
state fire marshal or a township, municipal, or other legally	59456
constituted fire department approved by the marshal shall also	59457
inspect a home prior to issuance of a license, at least once every	59458
fifteen months thereafter, and at any other time requested by the	59459
director. A home does not have to be inspected prior to issuance	59460
of a license by the director, state fire marshal, or a fire	59461
department if ownership of the home is assigned or transferred to	59462
a different person and the home was licensed under this chapter	59463
immediately prior to the assignment or transfer. The director may	59464
enter at any time, for the purposes of investigation, any	59465
institution, residence, facility, or other structure that has been	59466
reported to the director or that the director has reasonable cause	59467
to believe is operating as a nursing home, residential care	59468
facility, or home for the aging without a valid license required	59469
by section 3721.05 of the Revised Code or, in the case of a county	59470
home or district home, is operating despite the revocation of its	59471
residential care facility license. The director may delegate the	59472
director's authority and duties under this chapter to any	59473
division, bureau, agency, or official of the department of health.	59474

(C) A single facility may be licensed both as a nursing home	59475
pursuant to this chapter and as a residential facility pursuant to	59476
section ~~5119.22~~5119.34 of the Revised Code if the director	59477
determines that the part or unit to be licensed as a nursing home	59478
can be maintained separate and discrete from the part or unit to	59479
be licensed as a residential facility.	59480

(D) In determining the number of residents in a home for the	59481
purpose of licensing, the director shall consider all the	59482
individuals for whom the home provides accommodations as one group	59483
unless one of the following is the case:	59484

(1) The home is a home for the aging, in which case all the	59485
individuals in the part or unit licensed as a nursing home shall	59486
be considered as one group, and all the individuals in the part or	59487
unit licensed as a rest home shall be considered as another group.	59488

(2) The home is both a nursing home and a residential	59489
facility. In that case, all the individuals in the part or unit	59490
licensed as a nursing home shall be considered as one group, and	59491
all the individuals in the part or unit licensed as an adult care	59492
facility shall be considered as another group.	59493

(3) The home maintains, in addition to a nursing home or	59494
residential care facility, a separate and discrete part or unit	59495
that provides accommodations to individuals who do not require or	59496
receive skilled nursing care and do not receive personal care	59497
services from the home, in which case the individuals in the	59498
separate and discrete part or unit shall not be considered in	59499
determining the number of residents in the home if the separate	59500
and discrete part or unit is in compliance with the Ohio basic	59501
building code established by the board of building standards under	59502
Chapters 3781. and 3791. of the Revised Code and the home permits	59503
the director, on request, to inspect the separate and discrete	59504
part or unit and speak with the individuals residing there, if	59505
they consent, to determine whether the separate and discrete part	59506
or unit meets the requirements of this division.	59507

(E)(1) The director of health shall charge the following	59508
application fee and annual renewal licensing and inspection fee	59509
for each fifty persons or part thereof of a home's licensed	59510
capacity:	59511

(a) For state fiscal year 2010, two hundred twenty dollars;

59512

(b) For state fiscal year 2011, two hundred seventy dollars;

59513

(c) For each state fiscal year thereafter, three hundred	59514
twenty dollars.	59515

(2) All fees collected by the director for the issuance or	59516
renewal of licenses shall be deposited into the state treasury to	59517
the credit of the general operations fund created in section	59518
3701.83 of the Revised Code for use only in administering and	59519
enforcing this chapter and rules adopted under it.	59520

(F)(1) Except as otherwise provided in this section, the	59521
results of an inspection or investigation of a home that is	59522
conducted under this section, including any statement of	59523
deficiencies and all findings and deficiencies cited in the	59524
statement on the basis of the inspection or investigation, shall	59525
be used solely to determine the home's compliance with this	59526
chapter or another chapter of the Revised Code in any action or	59527
proceeding other than an action commenced under division (I) of	59528
section 3721.17 of the Revised Code. Those results of an	59529
inspection or investigation, that statement of deficiencies, and	59530
the findings and deficiencies cited in that statement shall not be	59531
used in any court or in any action or proceeding that is pending	59532
in any court and are not admissible in evidence in any action or	59533
proceeding unless that action or proceeding is an appeal of an	59534
action by the department of health under this chapter or is an	59535
action by any department or agency of the state to enforce this	59536
chapter or another chapter of the Revised Code.	59537

(2) Nothing in division (E)(1) of this section prohibits the	59538
results of an inspection or investigation conducted under this	59539
section from being used in a criminal investigation or	59540
prosecution.	59541

Sec. 3721.022. (A) As used in this section:

59542

(1) "Nursing facility" has the same meaning as in section	59543
~~5111.20~~5165.01 of the Revised Code.	59544

(2) "Deficiency" and "survey" have the same meanings as in	59545
section ~~5111.35~~5165.60 of the Revised Code.	59546

(3) "Title XIX" and "Title XVIII" have the same meanings as	59547
in section 5165.01 of the Revised Code.	59548

(B) The department of health is hereby designated the state	59549
agency responsible for establishing and maintaining health	59550
standards and serving as the state survey agency for the purposes	59551
of ~~Titles~~Title XVIII and Title XIX ~~of the "Social Security Act,"~~	59552
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~. The department	59553
shall carry out these functions in accordance with the	59554
regulations, guidelines, and procedures issued under ~~Titles~~Title	59555
XVIII and Title XIX by the United States secretary of health and	59556
human services and with sections ~~5111.35~~5165.60 to ~~5111.62~~	59557
5165.89 of the Revised Code. The director of health shall enter	59558
into agreements with regard to these functions with the department	59559
of ~~job and family services~~medicaid and the United States	59560
department of health and human services. The director may also	59561
enter into agreements with the department of ~~job and family~~	59562
~~services~~medicaid under which the department of health is	59563
designated to perform functions under sections ~~5111.35~~5165.60 to	59564
~~5111.62~~5165.89 of the Revised Code.	59565

The director, in accordance with Chapter 119. of the Revised	59566
Code, shall adopt rules necessary to implement the survey and	59567
certification requirements for skilled nursing facilities and	59568
nursing facilities established by the United States secretary of	59569
health and human services under ~~Titles~~Title XVIII and Title XIX	59570
~~of the "Social Security Act,"~~ and the survey requirements	59571
established under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of	59572
the Revised Code. The rules shall include an informal process by	59573
which a facility may obtain up to two reviews of any deficiencies	59574
that have been cited on a statement of deficiencies made by the	59575
department of health under 42 C.F.R. Part 488 and cause the	59576
facility to be in noncompliance as defined in 42 C.F.R. 488.301.	59577
The first review shall be conducted by an employee of the	59578
department who did not participate in and was not otherwise	59579
involved in any way with the survey. A facility that is not	59580
satisfied with the results of a first review may receive a second	59581
review on payment of a fee to the department. The amount of the	59582
fee shall be specified in rules adopted under this section. The	59583
fee shall be deposited into the state treasury to the credit of	59584
the general operations fund created in section 3701.83 of the	59585
Revised Code for use in the implementation of this section. The	59586
second review shall be conducted by either of the following as	59587
selected by the facility: a hearing officer employed by the	59588
department or a hearing officer included on a list the department	59589
shall provide the facility. A final determination that any	59590
deficiency citation is unjustified shall be reflected clearly in	59591
all records relating to the survey.	59592

The director need not adopt as rules any of the regulations,	59593
guidelines, or procedures issued under ~~Titles~~Title XVIII and	59594
Title XIX ~~of the "Social Security Act"~~ by the United States	59595
secretary of health and human services.	59596

Sec. 3721.024. As used in this section, "nursing facility"	59597
has the same meaning as in section ~~5111.20~~5165.01 of the Revised	59598
Code.	59599

The department of health may establish a program of	59600
recognition of nursing facilities that provide the highest quality	59601
care to residents who are medicaid recipients ~~of medical~~	59602
~~assistance under Chapter 5111. of the Revised Code~~. The program	59603
may be funded with public funds appropriated by the general	59604
assembly for the purpose of the program or any funds appropriated	59605
for nursing home licensure.	59606

Sec. 3721.027. (A) As used in this section, "survey" has the	59607
same meaning as in section 5165.60 of the Revised Code.	59608

(B) The department of health shall investigate within ten	59609
working days after referral, in accordance with procedures and	59610
criteria to be established by the department of health and the	59611
department of aging, any unresolved complaint that the office of	59612
the state long-term care ~~ombudsperson~~ombudsman has investigated	59613
and found to be valid and refers to the department of health. This	59614
requirement does not supersede federal requirements for survey	59615
agency complaint investigations.	59616

Sec. 3721.042. The director of health may not deny a nursing	59617
home license to a facility seeking a license under this chapter as	59618
a nursing home on the grounds that the facility does not satisfy a	59619
requirement established in rules adopted under section 3721.04 of	59620
the Revised Code regarding the toilet rooms and dining and	59621
recreational areas of nursing homes if all of the following	59622
requirements are met:	59623

(A) The facility seeks a license under this chapter because	59624
it is a county home or district home being sold under section	59625
5155.31 of the Revised Code to a person who may not operate the	59626
facility without a nursing home license under this chapter.	59627

(B) The requirement would not have applied to the facility	59628
had the facility been a nursing home first licensed under this	59629
chapter before October 20, 2001.	59630

(C) The facility was a nursing facility, as defined in	59631
section ~~5111.20~~5165.01 of the Revised Code, on the date	59632
immediately preceding the date the facility is sold to the person	59633
seeking the license.	59634

Sec. 3721.071. The buildings in which a home is housed shall	59635
be equipped with both an automatic fire extinguishing system and	59636
fire alarm system. Such systems shall conform to standards set	59637
forth in the regulations of the board of building standards and	59638
the state fire marshal.	59639

The time for compliance with the requirements imposed by this	59640
section shall be January 1, 1975, except that the date for	59641
compliance with the automatic fire extinguishing requirements is	59642
extended to January 1, 1976, provided the buildings of the home	59643
are otherwise in compliance with fire safety laws and regulations	59644
and:	59645

(A) The home within thirty days after August 4, 1975, files a	59646
written plan with the state fire marshal's office that:	59647

(1) Outlines the interim safety procedures which shall be	59648
carried out to reduce the possibility of a fire;	59649

(2) Provides evidence that the home has entered into an	59650
agreement for a fire safety inspection to be conducted not less	59651
than monthly by a qualified independent safety engineer consultant	59652
or a township, municipal, or other legally constituted fire	59653
department, or by a township or municipal fire prevention officer;	59654

(3) Provides verification that the home has entered into a	59655
valid contract for the installation of an automatic fire	59656
extinguishing system or fire alarm system, or both, as required to	59657
comply with this section;	59658

(4) Includes a statement regarding the expected date for the	59659
completion of the fire extinguishing system or fire alarm system,	59660
or both.	59661

(B) Inspections by a qualified independent safety engineer	59662
consultant or a township, municipal, or other legally constituted	59663
fire department, or by a township or municipal fire prevention	59664
officer are initiated no later than sixty days after August 4,	59665
1975, and are conducted no less than monthly thereafter, and	59666
reports of the consultant, fire department, or fire prevention	59667
officer identifying existing hazards and recommended corrective	59668
actions are submitted to the state fire marshal, the division of	59669
industrial compliance in the department of commerce, and the	59670
department of health.	59671

It is the express intent of the general assembly that the	59672
department of ~~job and family services~~medicaid shall terminate	59673
~~payments under Title XIX of the "Social Security Act," 49 Stat.~~	59674
~~620 (1935), 42 U.S.C. 301, as amended, to~~the medicaid provider	59675
agreements of those homes ~~which~~that do not comply with the	59676
requirements of this section for the submission of a written fire	59677
safety plan and the deadline for entering into contracts for the	59678
installation of systems.	59679

Sec. 3721.072. (A) As used in this section:

59680

(1) "Advance care planning" means providing each nursing home	59681
resident, or the resident's sponsor if the resident is unable to	59682
participate, on admission to the nursing home and quarterly	59683
thereafter, with the opportunity to discuss the resident's care	59684
goals.	59685

(2) "Overhead paging" means sending audible announcements via	59686
an electronic sound amplification and distribution system	59687
throughout part or all of a nursing home to staff, residents,	59688
residents' families, or others.	59689

(3) "Quality improvement project" means a project listed by	59690
the department of aging under the nursing home quality initiative	59691
established under section 173.60 of the Revised Code.	59692

(B) Beginning July 1, 2013, each nursing home shall	59693
participate in at least one quality improvement project each year.	59694
Each nursing facility shall select the project in which it will	59695
participate from the list the department of aging makes available	59696
pursuant to section 173.60 of the Revised Code.	59697

(C) Beginning July 1, 2015, each nursing home shall	59698
participate in advance care planning with all residents or their	59699
sponsors.	59700

(D) Beginning July 1, 2015, each nursing home shall prohibit	59701
the use of overhead paging within the nursing home, except that	59702
the nursing home may permit the use of overhead paging for matters	59703
of urgent public safety or urgent clinical operations and in	59704
accordance with the preferences of the nursing home's residents.	59705
The nursing home shall develop a written policy regarding its use	59706
of overhead paging and make the policy available to staff,	59707
residents, and residents' families.	59708

Sec. 3721.08. (A) As used in this section, "real and present	59709
danger" means imminent danger of serious physical or	59710
life-threatening harm to one or more occupants of a home.	59711

(B) The director of health may petition the court of common	59712
pleas of the county in which the home is located for an order	59713
enjoining any person from operating a home without a license or	59714
enjoining a county home or district home that has had its license	59715
revoked from continuing to operate. The court shall have	59716
jurisdiction to grant such injunctive relief upon a showing that	59717
the respondent named in the petition is operating a home without a	59718
license or that the county home or district home named in the	59719
petition is operating despite the revocation of its license. The	59720
court shall have jurisdiction to grant such injunctive relief	59721
against the operation of a home without a valid license regardless	59722
of whether the home meets essential licensing requirements.	59723

(C) Unless the department of ~~job and family services~~medicaid	59724
or contracting agency has taken action under section ~~5111.51~~	59725
5165.77 of the Revised Code to appoint a temporary manager or seek	59726
injunctive relief, if, in the judgment of the director of health,	59727
real and present danger exists at any home, the director may	59728
petition the court of common pleas of the county in which the home	59729
is located for such injunctive relief as is necessary to close the	59730
home, transfer one or more occupants to other homes or other	59731
appropriate care settings, or otherwise eliminate the real and	59732
present danger. The court shall have the jurisdiction to grant	59733
such injunctive relief upon a showing that there is real and	59734
present danger.	59735

(D)(1) If the director determines that real and present	59736
danger exists at a home and elects not to immediately seek	59737
injunctive relief under division (C) of this section, the director	59738
may give written notice of proposed action to the home. The notice	59739
shall specify all of the following:	59740

(a) The nature of the conditions giving rise to the real and	59741
present danger;	59742

(b) The measures that the director determines the home must	59743
take to respond to the conditions;	59744

(c) The date on which the director intends to seek injunctive	59745
relief under division (C) of this section if the director	59746
determines that real and present danger exists at the home.	59747

(2) If the home notifies the director, within the time	59748
specified pursuant to division (D)(1)(c) of this section, that it	59749
believes the conditions giving rise to the real and present danger	59750
have been substantially corrected, the director shall conduct an	59751
inspection to determine whether real and present danger exists. If	59752
the director determines on the basis of the inspection that real	59753
and present danger exists, the director may petition under	59754
division (C) of this section for injunctive relief.	59755

(E)(1) If in the judgment of the director of health	59756
conditions exist at a home that will give rise to real and present	59757
danger if not corrected, the director shall give written notice of	59758
proposed action to the home. The notice shall specify all of the	59759
following:	59760

(a) The nature of the conditions giving rise to the	59761
director's judgment;	59762

(b) The measures that the director determines the home must	59763
take to respond to the conditions;	59764

(c) The date, which shall be no less than ten days after the	59765
notice is delivered, on which the director intends to seek	59766
injunctive relief under division (C) of this section if the	59767
conditions are not substantially corrected and the director	59768
determines that a real and present danger exists.	59769

(2) If the home notifies the director, within the period of	59770
time specified pursuant to division (E)(1)(c) of this section,	59771
that the conditions giving rise to the director's determination	59772
have been substantially corrected, the director shall conduct an	59773
inspection. If the director determines on the basis of the	59774
inspection that the conditions have not been corrected and a real	59775
and present danger exists, the director may petition under	59776
division (C) of this section for injunctive relief.	59777

(F)(1) A court that grants injunctive relief under division	59778
(C) of this section may also appoint a special master who, subject	59779
to division (F)(2) of this section, shall have such powers and	59780
authority over the home and length of appointment as the court	59781
considers necessary. Subject to division (F)(2) of this section,	59782
the salary of a special master and any costs incurred by a special	59783
master shall be the obligation of the home.	59784

(2) No special master shall enter into any employment	59785
contract on behalf of a home, or purchase with the home's funds	59786
any capital goods totaling more than ten thousand dollars, unless	59787
the special master has obtained approval for the contract or	59788
purchase from the home's operator or the court.	59789

(G) If the director takes action under division (C), (D), or	59790
(E) of this section, the director may also appoint employees of	59791
the department of health to conduct on-site monitoring of the	59792
home. Appointment of monitors is not subject to appeal under	59793
Chapter 119. or any other section of the Revised Code. No employee	59794
of a home for which monitors are appointed, no person employed by	59795
the home within the previous two years, and no person who	59796
currently has a consulting contract with the department or a home,	59797
shall be appointed under this division. Every monitor shall have	59798
the professional qualifications necessary to monitor correction of	59799
the conditions that give rise to or, in the director's judgment,	59800
will give rise to real and present danger. The number of monitors	59801
present at a home at any given time shall not exceed one for every	59802
fifty residents, or fraction thereof.	59803

(H) On finding that the real and present danger for which	59804
injunctive relief was granted under division (C) of this section	59805
has been eliminated and that the home's operator has demonstrated	59806
the capacity to prevent the real and present danger from	59807
recurring, the court shall terminate its jurisdiction over the	59808
home and return control and management of the home to the	59809
operator. If the real and present danger cannot be eliminated	59810
practicably within a reasonable time following appointment of a	59811
special master, the court may order the special master to close	59812
the home and transfer all residents to other homes or other	59813
appropriate care settings.	59814

(I) The director of health shall give notice of proposed	59815
action under divisions (D) and (E) of this section to both of the	59816
following:	59817

(1) The home's administrator;

59818

(2) If the home is operated by an organization described in	59819
subsection 501(c)(3) and tax exempt under subsection 501(a) of the	59820
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	59821
amended, the board of trustees of the organization; or, if the	59822
home is not operated by such an organization, the owner of the	59823
home.	59824

Notices shall be delivered by certified mail or hand	59825
delivery. If notices are mailed, they shall be addressed to the	59826
persons specified in divisions (I)(1) and (2) of this section, as	59827
indicated in the department of health's records. If they are hand	59828
delivered, they shall be delivered to persons who would reasonably	59829
appear to the average prudent person to have authority to accept	59830
them.	59831

(J) If ownership of a home is assigned or transferred to a	59832
different person, the new owner is responsible and liable for	59833
compliance with any notice of proposed action or order issued	59834
under this section prior to the effective date of the assignment	59835
or transfer.	59836

Sec. 3721.10. As used in sections 3721.10 to 3721.18 of the	59837
Revised Code:	59838

(A) "Home" means all of the following:

59839

(1) A home as defined in section 3721.01 of the Revised Code;

59840

(2) Any facility or part of a facility not defined as a home	59841
under section 3721.01 of the Revised Code that is ~~certified as~~ a	59842
skilled nursing facility ~~under Title XVIII of the "Social Security~~	59843
~~Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395 and 1396, as amended,~~	59844
~~or as a~~or nursing facility, both as defined in section ~~5111.20~~	59845
5165.01 of the Revised Code;	59846

(3) A county home or district home operated pursuant to	59847
Chapter 5155. of the Revised Code.	59848

(B) "Resident" means a resident or a patient of a home.

59849

59850

(1) With respect to a home as defined in section 3721.01 of	59851
the Revised Code, a nursing home administrator as defined in	59852
section 4751.01 of the Revised Code;	59853

(2) With respect to a facility or part of a facility not	59854
defined as a home in section 3721.01 of the Revised Code that is	59855
authorized to provide skilled nursing facility or nursing facility	59856
services, the administrator of the facility or part of a facility;	59857

(3) With respect to a county home or district home, the	59858
superintendent appointed under Chapter 5155. of the Revised Code.	59859

(D) "Sponsor" means an adult relative, friend, or guardian of	59860
a resident who has an interest or responsibility in the resident's	59861
welfare.	59862

(E) "Residents' rights advocate" means:

59863

(1) An employee or representative of any state or local	59864
government entity that has a responsibility regarding residents	59865
and that has registered with the department of health under	59866
division (B) of section 3701.07 of the Revised Code;	59867

(2) An employee or representative of any private nonprofit	59868
corporation or association that qualifies for tax-exempt status	59869
under section 501(a) of the "Internal Revenue Code of 1986," 100	59870
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	59871
with the department of health under division (B) of section	59872
3701.07 of the Revised Code and whose purposes include educating	59873
and counseling residents, assisting residents in resolving	59874
problems and complaints concerning their care and treatment, and	59875
assisting them in securing adequate services to meet their needs;	59876

(3) A member of the general assembly.

59877

(F) "Physical restraint" means, but is not limited to, any	59878
article, device, or garment that interferes with the free movement	59879
of the resident and that the resident is unable to remove easily,	59880
a geriatric chair, or a locked room door.	59881

(G) "Chemical restraint" means any medication bearing the	59882
American hospital formulary service therapeutic class ~~4.00~~4:00,	59883
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	59884
central nervous system in a manner that limits physical and	59885
cognitive functioning to the degree that the resident cannot	59886
attain the resident's highest practicable physical, mental, and	59887
psychosocial well-being.	59888

(H) "Ancillary service" means, but is not limited to,	59889
podiatry, dental, hearing, vision, physical therapy, occupational	59890
therapy, speech therapy, and psychological and social services.	59891

(I) "Facility" means a facility, or part of a facility,	59892
certified as a nursing facility or skilled nursing facility ~~under~~	59893
~~Title XVIII or Title XIX of the "Social Security Act~~, both as	59894
defined in section 5165.01 of the Revised Code." "Facility" does	59895
not include an intermediate care facility for the mentally	59896
retarded, as defined in section ~~5111.20~~5124.01 of the Revised	59897
Code.	59898

~~(J) "Medicare" means the program established by Title XVIII~~	59899
~~of the "Social Security Act."~~	59900

~~(K) "Medicaid" means the program established by Title XIX of~~	59901
~~the "Social Security Act" and Chapter 5111. of the Revised Code.~~	59902

Sec. 3721.12. (A) The administrator of a home shall:

59903

(1) With the advice of residents, their sponsors, or both,	59904
establish and review at least annually, written policies regarding	59905
the applicability and implementation of residents' rights under	59906
sections 3721.10 to 3721.17 of the Revised Code, the	59907
responsibilities of residents regarding the rights, and the home's	59908
grievance procedure established under division (A)(2) of this	59909
section. The administrator is responsible for the development of,	59910
and adherence to, procedures implementing the policies.	59911

(2) Establish a grievance committee for review of complaints	59912
by residents. The grievance committee shall be comprised of the	59913
home's staff and residents, sponsors, or outside representatives	59914
in a ratio of not more than one staff member to every two	59915
residents, sponsors, or outside representatives.	59916

(3) Furnish to each resident and sponsor prior to or at the	59917
time of admission, and to each member of the home's staff, at	59918
least one of each of the following:	59919

(a) A copy of the rights established under sections 3721.10	59920
to 3721.17 of the Revised Code;	59921

(b) A written explanation of the provisions of sections	59922
3721.16 to 3721.162 of the Revised Code;	59923

(c) A copy of the home's policies and procedures established	59924
under this section;	59925

(d) A copy of the home's rules;

59926

(e) A copy of the addresses and telephone numbers of the	59927
board of health of the health district of the county in which the	59928
home is located, the county department of job and family services	59929
of the county in which the home is located, the state departments	59930
of health and ~~job and family services~~medicaid, the state and	59931
local offices of the department of aging, and any Ohio nursing	59932
home ~~ombudsperson~~ombudsman program.	59933

(B) Written acknowledgment of the receipt of copies of the	59934
materials listed in this section shall be made part of the	59935
resident's record and the staff member's personnel record.	59936

(C) The administrator shall post all of the following	59937
prominently within the home:	59938

(1) A copy of the rights of residents as listed in division	59939
(A) of section 3721.13 of the Revised Code;	59940

(2) A copy of the home's rules and its policies and	59941
procedures regarding the rights and responsibilities of residents;	59942

(3) A notice that a copy of this chapter, rules of the	59943
department of health applicable to the home, and federal	59944
regulations adopted under the medicare and medicaid programs, and	59945
the materials required to be available in the home under section	59946
3721.021 of the Revised Code, are available for inspection in the	59947
home at reasonable hours;	59948

(4) A list of residents' rights advocates;

59949

(5) A notice that the following are available in a place	59950
readily accessible to residents:	59951

(a) If the home is licensed under section 3721.02 of the	59952
Revised Code, a copy of the most recent licensure inspection	59953
report prepared for the home under that section;	59954

(b) If the home is a facility, a copy of the most recent	59955
statement of deficiencies issued to the home under section ~~5111.42~~	59956
5165.68 of the Revised Code.	59957

(D) The administrator of a home may, with the advice of	59958
residents, their sponsors, or both, establish written policies	59959
regarding the applicability and administration of any additional	59960
residents' rights beyond those set forth in sections 3721.10 to	59961
3721.17 of the Revised Code, and the responsibilities of residents	59962
regarding the rights. Policies established under this division	59963
shall be reviewed, and procedures developed and adhered to as in	59964
division (A)(1) of this section.	59965

Sec. 3721.121. (A) As used in this section:

59966

(1) "Adult day-care program" means a program operated	59967
pursuant to rules adopted by the director of health under section	59968
3721.04 of the Revised Code and provided by and on the same site	59969
as homes licensed under this chapter.	59970

(2) "Applicant" means a person who is under final	59971
consideration for employment with a home or adult day-care program	59972
in a full-time, part-time, or temporary position that involves	59973
providing direct care to an older adult. "Applicant" does not	59974
include a person who provides direct care as a volunteer without	59975
receiving or expecting to receive any form of remuneration other	59976
than reimbursement for actual expenses.	59977

(3) "Community-based long-term care services provider" means	59978
a provider as defined in section 173.39 of the Revised Code.	59979

(4) "Criminal records check" has the same meaning as in	59980
section 109.572 of the Revised Code.	59981

~~(4)~~(5) "Home" means a home as defined in section 3721.10 of	59982
the Revised Code.	59983

~~(5)~~(6) "Older adult" means a person age sixty or older.

59984

(B)(1) Except as provided in division (I) of this section,	59985
the chief administrator of a home or adult day-care program shall	59986
request that the superintendent of the bureau of criminal	59987
identification and investigation conduct a criminal records check	59988
of each applicant. If an applicant for whom a criminal records	59989
check request is required under this division does not present	59990
proof of having been a resident of this state for the five-year	59991
period immediately prior to the date the criminal records check is	59992
requested or provide evidence that within that five-year period	59993
the superintendent has requested information about the applicant	59994
from the federal bureau of investigation in a criminal records	59995
check, the chief administrator shall request that the	59996
superintendent obtain information from the federal bureau of	59997
investigation as part of the criminal records check of the	59998
applicant. Even if an applicant for whom a criminal records check	59999
request is required under this division presents proof of having	60000
been a resident of this state for the five-year period, the chief	60001
administrator may request that the superintendent include	60002
information from the federal bureau of investigation in the	60003
criminal records check.	60004

(2) A person required by division (B)(1) of this section to	60005
request a criminal records check shall do both of the following:	60006

(a) Provide to each applicant for whom a criminal records	60007
check request is required under that division a copy of the form	60008
prescribed pursuant to division (C)(1) of section 109.572 of the	60009
Revised Code and a standard fingerprint impression sheet	60010
prescribed pursuant to division (C)(2) of that section, and obtain	60011
the completed form and impression sheet from the applicant;	60012

(b) Forward the completed form and impression sheet to the	60013
superintendent of the bureau of criminal identification and	60014
investigation.	60015

(3) An applicant provided the form and fingerprint impression	60016
sheet under division (B)(2)(a) of this section who fails to	60017
complete the form or provide fingerprint impressions shall not be	60018
employed in any position for which a criminal records check is	60019
required by this section.	60020

(C)(1) Except as provided in rules adopted by the director of	60021
health in accordance with division (F) of this section and subject	60022
to division (C)(2) of this section, no home or adult day-care	60023
program shall employ a person in a position that involves	60024
providing direct care to an older adult if the person has been	60025
convicted of or pleaded guilty to any of the following:	60026

(a) A violation of section 2903.01, 2903.02, 2903.03,	60027
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	60028
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	60029
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	60030
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	60031
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	60032
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	60033
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	60034
2925.22, 2925.23, or 3716.11 of the Revised Code.	60035

(b) A violation of an existing or former law of this state,	60036
any other state, or the United States that is substantially	60037
equivalent to any of the offenses listed in division (C)(1)(a) of	60038
this section.	60039

(2)(a) A home or an adult day-care program may employ	60040
conditionally an applicant for whom a criminal records check	60041
request is required under division (B) of this section prior to	60042
obtaining the results of a criminal records check regarding the	60043
individual, provided that the home or program shall request a	60044
criminal records check regarding the individual in accordance with	60045
division (B)(1) of this section not later than five business days	60046
after the individual begins conditional employment. In the	60047
circumstances described in division (I)(2) of this section, a home	60048
or adult day-care program may employ conditionally an applicant	60049
who has been referred to the home or adult day-care program by an	60050
employment service that supplies full-time, part-time, or	60051
temporary staff for positions involving the direct care of older	60052
adults and for whom, pursuant to that division, a criminal records	60053
check is not required under division (B) of this section.	60054

(b) A home or adult day-care program that employs an	60055
individual conditionally under authority of division (C)(2)(a) of	60056
this section shall terminate the individual's employment if the	60057
results of the criminal records check requested under division (B)	60058
of this section or described in division (I)(2) of this section,	60059
other than the results of any request for information from the	60060
federal bureau of investigation, are not obtained within the	60061
period ending thirty days after the date the request is made.	60062
Regardless of when the results of the criminal records check are	60063
obtained, if the results indicate that the individual has been	60064
convicted of or pleaded guilty to any of the offenses listed or	60065
described in division (C)(1) of this section, the home or program	60066
shall terminate the individual's employment unless the home or	60067
program chooses to employ the individual pursuant to division (F)	60068
of this section. Termination of employment under this division	60069
shall be considered just cause for discharge for purposes of	60070
division (D)(2) of section 4141.29 of the Revised Code if the	60071
individual makes any attempt to deceive the home or program about	60072
the individual's criminal record.	60073

(D)(1) Each home or adult day-care program shall pay to the	60074
bureau of criminal identification and investigation the fee	60075
prescribed pursuant to division (C)(3) of section 109.572 of the	60076
Revised Code for each criminal records check conducted pursuant to	60077
a request made under division (B) of this section.	60078

(2) A home or adult day-care program may charge an applicant	60079
a fee not exceeding the amount the home or program pays under	60080
division (D)(1) of this section. A home or program may collect a	60081
fee only if both of the following apply:	60082

(a) The home or program notifies the person at the time of	60083
initial application for employment of the amount of the fee and	60084
that, unless the fee is paid, the person will not be considered	60085
for employment;	60086

(b) The ~~medical assistance~~medicaid program ~~established under~~	60087
~~Chapter 5111. of the Revised Code~~ does not reimburse the home or	60088
program the fee it pays under division (D)(1) of this section.	60089

(E) The report of any criminal records check conducted	60090
pursuant to a request made under this section is not a public	60091
record for the purposes of section 149.43 of the Revised Code and	60092
shall not be made available to any person other than the	60093
following:	60094

(1) The individual who is the subject of the criminal records	60095
check or the individual's representative;	60096

(2) The chief administrator of the home or program requesting	60097
the criminal records check or the administrator's representative;	60098

(3) The administrator of any other facility, agency, or	60099
program that provides direct care to older adults that is owned or	60100
operated by the same entity that owns or operates the home or	60101
program;	60102

(4) A court, hearing officer, or other necessary individual	60103
involved in a case dealing with a denial of employment of the	60104
applicant or dealing with employment or unemployment benefits of	60105
the applicant;	60106

(5) Any person to whom the report is provided pursuant to,	60107
and in accordance with, division (I)(1) or (2) of this section;	60108

(6) The board of nursing for purposes of accepting and	60109
processing an application for a medication aide certificate issued	60110
under Chapter 4723. of the Revised Code;	60111

(7) The director of aging or the director's designee if the	60112
criminal records check is requested by the chief administrator of	60113
a home that is also a community-based long-term care services	60114
provider.	60115

(F) In accordance with section 3721.11 of the Revised Code,	60116
the director of health shall adopt rules to implement this	60117
section. The rules shall specify circumstances under which a home	60118
or adult day-care program may employ a person who has been	60119
convicted of or pleaded guilty to an offense listed or described	60120
in division (C)(1) of this section but meets personal character	60121
standards set by the director.	60122

(G) The chief administrator of a home or adult day-care	60123
program shall inform each individual, at the time of initial	60124
application for a position that involves providing direct care to	60125
an older adult, that the individual is required to provide a set	60126
of fingerprint impressions and that a criminal records check is	60127
required to be conducted if the individual comes under final	60128
consideration for employment.	60129

(H) In a tort or other civil action for damages that is	60130
brought as the result of an injury, death, or loss to person or	60131
property caused by an individual who a home or adult day-care	60132
program employs in a position that involves providing direct care	60133
to older adults, all of the following shall apply:	60134

(1) If the home or program employed the individual in good	60135
faith and reasonable reliance on the report of a criminal records	60136
check requested under this section, the home or program shall not	60137
be found negligent solely because of its reliance on the report,	60138
even if the information in the report is determined later to have	60139
been incomplete or inaccurate;	60140

(2) If the home or program employed the individual in good	60141
faith on a conditional basis pursuant to division (C)(2) of this	60142
section, the home or program shall not be found negligent solely	60143
because it employed the individual prior to receiving the report	60144
of a criminal records check requested under this section;	60145

(3) If the home or program in good faith employed the	60146
individual according to the personal character standards	60147
established in rules adopted under division (F) of this section,	60148
the home or program shall not be found negligent solely because	60149
the individual prior to being employed had been convicted of or	60150
pleaded guilty to an offense listed or described in division	60151
(C)(1) of this section.	60152

(I)(1) The chief administrator of a home or adult day-care	60153
program is not required to request that the superintendent of the	60154
bureau of criminal identification and investigation conduct a	60155
criminal records check of an applicant if the applicant has been	60156
referred to the home or program by an employment service that	60157
supplies full-time, part-time, or temporary staff for positions	60158
involving the direct care of older adults and both of the	60159
following apply:	60160

(a) The chief administrator receives from the employment	60161
service or the applicant a report of the results of a criminal	60162
records check regarding the applicant that has been conducted by	60163
the superintendent within the one-year period immediately	60164
preceding the applicant's referral;	60165

(b) The report of the criminal records check demonstrates	60166
that the person has not been convicted of or pleaded guilty to an	60167
offense listed or described in division (C)(1) of this section, or	60168
the report demonstrates that the person has been convicted of or	60169
pleaded guilty to one or more of those offenses, but the home or	60170
adult day-care program chooses to employ the individual pursuant	60171
to division (F) of this section.	60172

(2) The chief administrator of a home or adult day-care	60173
program is not required to request that the superintendent of the	60174
bureau of criminal identification and investigation conduct a	60175
criminal records check of an applicant and may employ the	60176
applicant conditionally as described in this division, if the	60177
applicant has been referred to the home or program by an	60178
employment service that supplies full-time, part-time, or	60179
temporary staff for positions involving the direct care of older	60180
adults and if the chief administrator receives from the employment	60181
service or the applicant a letter from the employment service that	60182
is on the letterhead of the employment service, dated, and signed	60183
by a supervisor or another designated official of the employment	60184
service and that states that the employment service has requested	60185
the superintendent to conduct a criminal records check regarding	60186
the applicant, that the requested criminal records check will	60187
include a determination of whether the applicant has been	60188
convicted of or pleaded guilty to any offense listed or described	60189
in division (C)(1) of this section, that, as of the date set forth	60190
on the letter, the employment service had not received the results	60191
of the criminal records check, and that, when the employment	60192
service receives the results of the criminal records check, it	60193
promptly will send a copy of the results to the home or adult	60194
day-care program. If a home or adult day-care program employs an	60195
applicant conditionally in accordance with this division, the	60196
employment service, upon its receipt of the results of the	60197
criminal records check, promptly shall send a copy of the results	60198
to the home or adult day-care program, and division (C)(2)(b) of	60199
this section applies regarding the conditional employment.	60200

Sec. 3721.13. (A) The rights of residents of a home shall	60201
include, but are not limited to, the following:	60202

(1) The right to a safe and clean living environment pursuant	60203
to the medicare and medicaid programs and applicable state laws	60204
and rules adopted by the director of health;	60205

(2) The right to be free from physical, verbal, mental, and	60206
emotional abuse and to be treated at all times with courtesy,	60207
respect, and full recognition of dignity and individuality;	60208

(3) Upon admission and thereafter, the right to adequate and	60209
appropriate medical treatment and nursing care and to other	60210
ancillary services that comprise necessary and appropriate care	60211
consistent with the program for which the resident contracted.	60212
This care shall be provided without regard to considerations such	60213
as race, color, religion, national origin, age, or source of	60214
payment for care.	60215

(4) The right to have all reasonable requests and inquiries	60216
responded to promptly;	60217

(5) The right to have clothes and bed sheets changed as the	60218
need arises, to ensure the resident's comfort or sanitation;	60219

(6) The right to obtain from the home, upon request, the name	60220
and any specialty of any physician or other person responsible for	60221
the resident's care or for the coordination of care;	60222

(7) The right, upon request, to be assigned, within the	60223
capacity of the home to make the assignment, to the staff	60224
physician of the resident's choice, and the right, in accordance	60225
with the rules and written policies and procedures of the home, to	60226
select as the attending physician a physician who is not on the	60227
staff of the home. If the cost of a physician's services is to be	60228
met under a federally supported program, the physician shall meet	60229
the federal laws and regulations governing such services.	60230

(8) The right to participate in decisions that affect the	60231
resident's life, including the right to communicate with the	60232
physician and employees of the home in planning the resident's	60233
treatment or care and to obtain from the attending physician	60234
complete and current information concerning medical condition,	60235
prognosis, and treatment plan, in terms the resident can	60236
reasonably be expected to understand; the right of access to all	60237
information in the resident's medical record; and the right to	60238
give or withhold informed consent for treatment after the	60239
consequences of that choice have been carefully explained. When	60240
the attending physician finds that it is not medically advisable	60241
to give the information to the resident, the information shall be	60242
made available to the resident's sponsor on the resident's behalf,	60243
if the sponsor has a legal interest or is authorized by the	60244
resident to receive the information. The home is not liable for a	60245
violation of this division if the violation is found to be the	60246
result of an act or omission on the part of a physician selected	60247
by the resident who is not otherwise affiliated with the home.	60248

(9) The right to withhold payment for physician visitation if	60249
the physician did not visit the resident;	60250

(10) The right to confidential treatment of personal and	60251
medical records, and the right to approve or refuse the release of	60252
these records to any individual outside the home, except in case	60253
of transfer to another home, hospital, or health care system, as	60254
required by law or rule, or as required by a third-party payment	60255
contract;	60256

(11) The right to privacy during medical examination or	60257
treatment and in the care of personal or bodily needs;	60258

(12) The right to refuse, without jeopardizing access to	60259
appropriate medical care, to serve as a medical research subject;	60260

(13) The right to be free from physical or chemical	60261
restraints or prolonged isolation except to the minimum extent	60262
necessary to protect the resident from injury to self, others, or	60263
to property and except as authorized in writing by the attending	60264
physician for a specified and limited period of time and	60265
documented in the resident's medical record. Prior to authorizing	60266
the use of a physical or chemical restraint on any resident, the	60267
attending physician shall make a personal examination of the	60268
resident and an individualized determination of the need to use	60269
the restraint on that resident.	60270

Physical or chemical restraints or isolation may be used in	60271
an emergency situation without authorization of the attending	60272
physician only to protect the resident from injury to self or	60273
others. Use of the physical or chemical restraints or isolation	60274
shall not be continued for more than twelve hours after the onset	60275
of the emergency without personal examination and authorization by	60276
the attending physician. The attending physician or a staff	60277
physician may authorize continued use of physical or chemical	60278
restraints for a period not to exceed thirty days, and at the end	60279
of this period and any subsequent period may extend the	60280
authorization for an additional period of not more than thirty	60281
days. The use of physical or chemical restraints shall not be	60282
continued without a personal examination of the resident and the	60283
written authorization of the attending physician stating the	60284
reasons for continuing the restraint.	60285

If physical or chemical restraints are used under this	60286
division, the home shall ensure that the restrained resident	60287
receives a proper diet. In no event shall physical or chemical	60288
restraints or isolation be used for punishment, incentive, or	60289
convenience.	60290

(14) The right to the pharmacist of the resident's choice and	60291
the right to receive pharmaceutical supplies and services at	60292
reasonable prices not exceeding applicable and normally accepted	60293
prices for comparably packaged pharmaceutical supplies and	60294
services within the community;	60295

(15) The right to exercise all civil rights, unless the	60296
resident has been adjudicated incompetent pursuant to Chapter	60297
2111. of the Revised Code and has not been restored to legal	60298
capacity, as well as the right to the cooperation of the home's	60299
administrator in making arrangements for the exercise of the right	60300
to vote;	60301

(16) The right of access to opportunities that enable the	60302
resident, at the resident's own expense or at the expense of a	60303
third-party payer, to achieve the resident's fullest potential,	60304
including educational, vocational, social, recreational, and	60305
habilitation programs;	60306

(17) The right to consume a reasonable amount of alcoholic	60307
beverages at the resident's own expense, unless not medically	60308
advisable as documented in the resident's medical record by the	60309
attending physician or unless contradictory to written admission	60310
policies;	60311

(18) The right to use tobacco at the resident's own expense	60312
under the home's safety rules and under applicable laws and rules	60313
of the state, unless not medically advisable as documented in the	60314
resident's medical record by the attending physician or unless	60315
contradictory to written admission policies;	60316

(19) The right to retire and rise in accordance with the	60317
resident's reasonable requests, if the resident does not disturb	60318
others or the posted meal schedules and upon the home's request	60319
remains in a supervised area, unless not medically advisable as	60320
documented by the attending physician;	60321

(20) The right to observe religious obligations and	60322
participate in religious activities; the right to maintain	60323
individual and cultural identity; and the right to meet with and	60324
participate in activities of social and community groups at the	60325
resident's or the group's initiative;	60326

(21) The right upon reasonable request to private and	60327
unrestricted communications with the resident's family, social	60328
worker, and any other person, unless not medically advisable as	60329
documented in the resident's medical record by the attending	60330
physician, except that communications with public officials or	60331
with the resident's attorney or physician shall not be restricted.	60332
Private and unrestricted communications shall include, but are not	60333
limited to, the right to:	60334

(a) Receive, send, and mail sealed, unopened correspondence;

60335

(b) Reasonable access to a telephone for private	60336
communications;	60337

60338

(22) The right to assured privacy for visits by the spouse,	60339
or if both are residents of the same home, the right to share a	60340
room within the capacity of the home, unless not medically	60341
advisable as documented in the resident's medical record by the	60342
attending physician;	60343

(23) The right upon reasonable request to have room doors	60344
closed and to have them not opened without knocking, except in the	60345
case of an emergency or unless not medically advisable as	60346
documented in the resident's medical record by the attending	60347
physician;	60348

(24) The right to retain and use personal clothing and a	60349
reasonable amount of possessions, in a reasonably secure manner,	60350
unless to do so would infringe on the rights of other residents or	60351
would not be medically advisable as documented in the resident's	60352
medical record by the attending physician;	60353

(25) The right to be fully informed, prior to or at the time	60354
of admission and during the resident's stay, in writing, of the	60355
basic rate charged by the home, of services available in the home,	60356
and of any additional charges related to such services, including	60357
charges for services not covered under the medicare or medicaid	60358
program. The basic rate shall not be changed unless thirty days'	60359
notice is given to the resident or, if the resident is unable to	60360
understand this information, to the resident's sponsor.	60361

(26) The right of the resident and person paying for the care	60362
to examine and receive a bill at least monthly for the resident's	60363
care from the home that itemizes charges not included in the basic	60364
rates;	60365

(27)(a) The right to be free from financial exploitation;

60366

(b) The right to manage the resident's own personal financial	60367
affairs, or, if the resident has delegated this responsibility in	60368
writing to the home, to receive upon written request at least a	60369
quarterly accounting statement of financial transactions made on	60370
the resident's behalf. The statement shall include:	60371

(i) A complete record of all funds, personal property, or	60372
possessions of a resident from any source whatsoever, that have	60373
been deposited for safekeeping with the home for use by the	60374
resident or the resident's sponsor;	60375

(ii) A listing of all deposits and withdrawals transacted,	60376
which shall be substantiated by receipts which shall be available	60377
for inspection and copying by the resident or sponsor.	60378

(28) The right of the resident to be allowed unrestricted	60379
access to the resident's property on deposit at reasonable hours,	60380
unless requests for access to property on deposit are so	60381
persistent, continuous, and unreasonable that they constitute a	60382
nuisance;	60383

(29) The right to receive reasonable notice before the	60384
resident's room or roommate is changed, including an explanation	60385
of the reason for either change.	60386

(30) The right not to be transferred or discharged from the	60387
home unless the transfer is necessary because of one of the	60388
following:	60389

(a) The welfare and needs of the resident cannot be met in	60390
the home.	60391

(b) The resident's health has improved sufficiently so that	60392
the resident no longer needs the services provided by the home.	60393

60394

(d) The health of individuals in the home would otherwise be	60395
endangered.	60396

(e) The resident has failed, after reasonable and appropriate	60397
notice, to pay or to have the medicare or medicaid program pay on	60398
the resident's behalf, for the care provided by the home. A	60399
resident shall not be considered to have failed to have the	60400
resident's care paid for if the resident has applied for medicaid,	60401
unless both of the following are the case:	60402

(i) The resident's application, or a substantially similar	60403
previous application, has been denied ~~by the county department of~~	60404
~~job and family services~~.	60405

(ii) If the resident appealed the denial ~~pursuant to division~~	60406
~~(C) of section 5101.35 of the Revised Code~~, ~~the director of job~~	60407
~~and family services has upheld~~ the denial was upheld.	60408

(f) The home's license has been revoked, the home is being	60409
closed pursuant to section 3721.08, sections ~~5111.35~~5165.60 to	60410
~~5111.62~~5165.89, or section 5155.31 of the Revised Code, or the	60411
home otherwise ceases to operate.	60412

(g) The resident is a recipient of medicaid, and the home's	60413
participation in the medicaid program is involuntarily terminated	60414
or denied.	60415

(h) The resident is a beneficiary under the medicare program,	60416
and the home's participation in the medicare program is	60417
involuntarily terminated or denied.	60418

(31) The right to voice grievances and recommend changes in	60419
policies and services to the home's staff, to employees of the	60420
department of health, or to other persons not associated with the	60421
operation of the home, of the resident's choice, free from	60422
restraint, interference, coercion, discrimination, or reprisal.	60423
This right includes access to a residents' rights advocate, and	60424
the right to be a member of, to be active in, and to associate	60425
with persons who are active in organizations of relatives and	60426
friends of nursing home residents and other organizations engaged	60427
in assisting residents.	60428

(32) The right to have any significant change in the	60429
resident's health status reported to the resident's sponsor. As	60430
soon as such a change is known to the home's staff, the home shall	60431
make a reasonable effort to notify the sponsor within twelve	60432
hours.	60433

(B) A sponsor may act on a resident's behalf to assure that	60434
the home does not deny the residents' rights under sections	60435
3721.10 to 3721.17 of the Revised Code.	60436

(C) Any attempted waiver of the rights listed in division (A)	60437
of this section is void.	60438

Sec. 3721.14. To assist in the implementation of the rights	60439
granted in division (A) of section 3721.13 of the Revised Code,	60440
each home shall provide:	60441

(A) Appropriate staff training to implement each resident's	60442
rights under division (A) of section 3721.13 of the Revised Code,	60443
including, but not limited to, explaining:	60444

(1) The resident's rights and the staff's responsibility in	60445
the implementation of the rights;	60446

(2) The staff's obligation to provide all residents who have	60447
similar needs with comparable service.	60448

(B) Arrangements for a resident's needed ancillary services;

60449

(C) Protected areas outside the home for residents to enjoy	60450
outdoor activity, within the capacity of the facility, consistent	60451
with applicable laws and rules;	60452

(D) Adequate indoor space, which need not be dedicated to	60453
that purpose, for families of residents to meet privately with	60454
families of other residents;	60455

(E) Access to the following persons to enter the home during	60456
reasonable hours, except where such access would interfere with	60457
resident care or the privacy of residents:	60458

(1) Employees of the department of health, department of	60459
~~mental health~~mental health and addiction services, department of	60460
developmental disabilities, department of aging, department of job	60461
and family services, and county departments of job and family	60462
services;	60463

(2) Prospective residents and their sponsors;

60464

(3) A resident's sponsors;

60465

(4) Residents' rights advocates;

60466

(5) A resident's attorney;

60467

(6) A minister, priest, rabbi, or other person ministering to	60468
a resident's religious needs.	60469

(F) In writing, a description of the home's grievance	60470
procedures.	60471

Sec. 3721.15. (A) Authorization from a resident or a sponsor	60472
with a power of attorney for a home to manage the resident's	60473
financial affairs shall be in writing and shall be attested to by	60474
a witness who is not connected in any manner whatsoever with the	60475
home or its administrator. The home shall maintain accounts	60476
pursuant to division (A)(27) of section 3721.13 of the Revised	60477
Code. Upon the resident's transfer, discharge, or death, the	60478
account shall be closed and a final accounting made. All remaining	60479
funds shall be returned to the resident or resident's sponsor,	60480
except in the case of death, when all remaining funds shall be	60481
transferred or used in accordance with section ~~5111.113~~5162.22 of	60482
the Revised Code.	60483

(B) A home that manages a resident's financial affairs shall	60484
deposit the resident's funds in excess of one hundred dollars, and	60485
may deposit the resident's funds that are one hundred dollars or	60486
less, in an interest-bearing account separate from any of the	60487
home's operating accounts. Interest earned on the resident's funds	60488
shall be credited to the resident's account. A resident's funds	60489
that are one hundred dollars or less and have not been deposited	60490
in an interest-bearing account may be deposited in a	60491
noninterest-bearing account or petty cash fund.	60492

(C) Each resident whose financial affairs are managed by a	60493
home shall be promptly notified by the home when the total of the	60494
amount of funds in the resident's accounts and the petty cash fund	60495
plus other nonexempt resources reaches two hundred dollars less	60496
than the maximum amount permitted a recipient of medicaid. The	60497
notice shall include an explanation of the potential effect on the	60498
resident's eligibility for medicaid if the amount in the	60499
resident's accounts and the petty cash fund, plus the value of	60500
other nonexempt resources, exceeds the maximum assets a medicaid	60501
recipient may retain.	60502

(D) Each home that manages the financial affairs of residents	60503
shall purchase a surety bond or otherwise provide assurance	60504
satisfactory to the director of health, or, in the case of a home	60505
that participates in the medicaid program, to the medicaid	60506
director ~~of job and family services~~, to assure the security of all	60507
residents' funds managed by the home.	60508

Sec. 3721.16. For each resident of a home, notice of a	60509
proposed transfer or discharge shall be in accordance with this	60510
section.	60511

(A)(1) The administrator of a home shall notify a resident in	60512
writing, and the resident's sponsor in writing by certified mail,	60513
return receipt requested, in advance of any proposed transfer or	60514
discharge from the home. The administrator shall send a copy of	60515
the notice to the state department of health. The notice shall be	60516
provided at least thirty days in advance of the proposed transfer	60517
or discharge, unless any of the following applies:	60518

(a) The resident's health has improved sufficiently to allow	60519
a more immediate discharge or transfer to a less skilled level of	60520
care;	60521

(b) The resident has resided in the home less than thirty	60522
days;	60523

(c) An emergency arises in which the safety of individuals in	60524
the home is endangered;	60525

(d) An emergency arises in which the health of individuals in	60526
the home would otherwise be endangered;	60527

(e) An emergency arises in which the resident's urgent	60528
medical needs necessitate a more immediate transfer or discharge.	60529

In any of the circumstances described in divisions (A)(1)(a)	60530
to (e) of this section, the notice shall be provided as many days	60531
in advance of the proposed transfer or discharge as is	60532
practicable.	60533

(2) The notice required under division (A)(1) of this section	60534
shall include all of the following:	60535

(a) The reasons for the proposed transfer or discharge;

60536

(b) The proposed date the resident is to be transferred or	60537
discharged;	60538

(c) Subject to division (A)(3) of this section, a proposed	60539
location to which the resident may relocate and a notice that the	60540
resident and resident's sponsor may choose another location to	60541
which the resident will relocate;	60542

(d) Notice of the right of the resident and the resident's	60543
sponsor to an impartial hearing at the home on the proposed	60544
transfer or discharge, and of the manner in which and the time	60545
within which the resident or sponsor may request a hearing	60546
pursuant to section 3721.161 of the Revised Code;	60547

(e) A statement that the resident will not be transferred or	60548
discharged before the date specified in the notice unless the home	60549
and the resident or, if the resident is not competent to make a	60550
decision, the home and the resident's sponsor, agree to an earlier	60551
date;	60552

(f) The address of the legal services office of the	60553
department of health;	60554

(g) The name, address, and telephone number of a	60555
representative of the state long-term care ~~ombudsperson~~ombudsman	60556
program and, if the resident or patient has a developmental	60557
disability or mental illness, the name, address, and telephone	60558
number of the Ohio protection and advocacy system.	60559

(3) The proposed location to which a resident may relocate as	60560
specified pursuant to division (A)(2)(c) of this section in the	60561
proposed transfer or discharge notice shall be capable of meeting	60562
the resident's health-care and safety needs. The proposed location	60563
for relocation need not have accepted the resident at the time the	60564
notice is issued to the resident and resident's sponsor.	60565

(B) No home shall transfer or discharge a resident before the	60566
date specified in the notice required by division (A) of this	60567
section unless the home and the resident or, if the resident is	60568
not competent to make a decision, the home and the resident's	60569
sponsor, agree to an earlier date.	60570

(C) Transfer or discharge actions shall be documented in the	60571
resident's medical record by the home if there is a medical basis	60572
for the action.	60573

(D) A resident or resident's sponsor may challenge a transfer	60574
or discharge by requesting an impartial hearing pursuant to	60575
section 3721.161 of the Revised Code, unless the transfer or	60576
discharge is required because of one of the following reasons:	60577

(1) The home's license has been revoked under this chapter;

60578

(2) The home is being closed pursuant to section 3721.08,	60579
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89, or section 5155.31 of	60580
the Revised Code;	60581

(3) The resident is a recipient of medicaid and the home's	60582
participation in the medicaid program has been involuntarily	60583
terminated or denied by the federal government;	60584

(4) The resident is a beneficiary under the medicare program	60585
and the home's certification under the medicare program has been	60586
involuntarily terminated or denied by the federal government.	60587

(E) If a resident is transferred or discharged pursuant to	60588
this section, the home from which the resident is being	60589
transferred or discharged shall provide the resident with adequate	60590
preparation prior to the transfer or discharge to ensure a safe	60591
and orderly transfer or discharge from the home, and the home or	60592
alternative setting to which the resident is to be transferred or	60593
discharged shall have accepted the resident for transfer or	60594
discharge.	60595

(F) At the time of a transfer or discharge of a resident who	60596
is a recipient of medicaid from a home to a hospital or for	60597
therapeutic leave, the home shall provide notice in writing to the	60598
resident and in writing by certified mail, return receipt	60599
requested, to the resident's sponsor, specifying the number of	60600
days, if any, during which the resident will be permitted under	60601
the medicaid program to return and resume residence in the home	60602
and specifying the medicaid program's coverage of the days during	60603
which the resident is absent from the home. An individual who is	60604
absent from a home for more than the number of days specified in	60605
the notice and continues to require the services provided by the	60606
facility shall be given priority for the first available bed in a	60607
semi-private room.	60608

Sec. 3721.17. (A) Any resident who believes that the	60609
resident's rights under sections 3721.10 to 3721.17 of the Revised	60610
Code have been violated may file a grievance under procedures	60611
adopted pursuant to division (A)(2) of section 3721.12 of the	60612
Revised Code.	60613

When the grievance committee determines a violation of	60614
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	60615
shall notify the administrator of the home. If the violation	60616
cannot be corrected within ten days, or if ten days have elapsed	60617
without correction of the violation, the grievance committee shall	60618
refer the matter to the department of health.	60619

(B) Any person who believes that a resident's rights under	60620
sections 3721.10 to 3721.17 of the Revised Code have been violated	60621
may report or cause reports to be made of the information directly	60622
to the department of health. No person who files a report is	60623
liable for civil damages resulting from the report.	60624

(C)(1) Within thirty days of receiving a complaint under this	60625
section, the department of health shall investigate any complaint	60626
referred to it by a home's grievance committee and any complaint	60627
from any source that alleges that the home provided substantially	60628
less than adequate care or treatment, or substantially unsafe	60629
conditions, or, within seven days of receiving a complaint, refer	60630
it to the attorney general, if the attorney general agrees to	60631
investigate within thirty days.	60632

(2) Within thirty days of receiving a complaint under this	60633
section, the department of health may investigate any alleged	60634
violation of sections 3721.10 to 3721.17 of the Revised Code, or	60635
of rules, policies, or procedures adopted pursuant to those	60636
sections, not covered by division (C)(1) of this section, or it	60637
may, within seven days of receiving a complaint, refer the	60638
complaint to the grievance committee at the home where the alleged	60639
violation occurred, or to the attorney general if the attorney	60640
general agrees to investigate within thirty days.	60641

(D) If, after an investigation, the department of health	60642
finds probable cause to believe that a violation of sections	60643
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	60644
procedures adopted pursuant to those sections, has occurred at a	60645
home that is certified under the medicare or medicaid program, it	60646
shall cite one or more findings or deficiencies under sections	60647
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. If the	60648
home is not so certified, the department shall hold an	60649
adjudicative hearing within thirty days under Chapter 119. of the	60650
Revised Code.	60651

(E) Upon a finding at an adjudicative hearing under division	60652
(D) of this section that a violation of sections 3721.10 to	60653
3721.17 of the Revised Code, or of rules, policies, or procedures	60654
adopted pursuant thereto, has occurred, the department of health	60655
shall make an order for compliance, set a reasonable time for	60656
compliance, and assess a fine pursuant to division (F) of this	60657
section. The fine shall be paid to the general revenue fund only	60658
if compliance with the order is not shown to have been made within	60659
the reasonable time set in the order. The department of health may	60660
issue an order prohibiting the continuation of any violation of	60661
sections 3721.10 to 3721.17 of the Revised Code.	60662

Findings at the hearings conducted under this section may be	60663
appealed pursuant to Chapter 119. of the Revised Code, except that	60664
an appeal may be made to the court of common pleas of the county	60665
in which the home is located.	60666

The department of health shall initiate proceedings in court	60667
to collect any fine assessed under this section that is unpaid	60668
thirty days after the violator's final appeal is exhausted.	60669

(F) Any home found, pursuant to an adjudication hearing under	60670
division (D) of this section, to have violated sections 3721.10 to	60671
3721.17 of the Revised Code, or rules, policies, or procedures	60672
adopted pursuant to those sections may be fined not less than one	60673
hundred nor more than five hundred dollars for a first offense.	60674
For each subsequent offense, the home may be fined not less than	60675
two hundred nor more than one thousand dollars.	60676

A violation of sections 3721.10 to 3721.17 of the Revised	60677
Code is a separate offense for each day of the violation and for	60678
each resident who claims the violation.	60679

(G) No home or employee of a home shall retaliate against any	60680
person who:	60681

(1) Exercises any right set forth in sections 3721.10 to	60682
3721.17 of the Revised Code, including, but not limited to, filing	60683
a complaint with the home's grievance committee or reporting an	60684
alleged violation to the department of health;	60685

(2) Appears as a witness in any hearing conducted under this	60686
section or section 3721.162 of the Revised Code;	60687

(3) Files a civil action alleging a violation of sections	60688
3721.10 to 3721.17 of the Revised Code, or notifies a county	60689
prosecuting attorney or the attorney general of a possible	60690
violation of sections 3721.10 to 3721.17 of the Revised Code.	60691

If, under the procedures outlined in this section, a home or	60692
its employee is found to have retaliated, the violator may be	60693
fined up to one thousand dollars.	60694

(H) When legal action is indicated, any evidence of criminal	60695
activity found in an investigation under division (C) of this	60696
section shall be given to the prosecuting attorney in the county	60697
in which the home is located for investigation.	60698

(I)(1)(a) Any resident whose rights under sections 3721.10 to	60699
3721.17 of the Revised Code are violated has a cause of action	60700
against any person or home committing the violation.	60701

(b) An action under division (I)(1)(a) of this section may be	60702
commenced by the resident or by the resident's legal guardian or	60703
other legally authorized representative on behalf of the resident	60704
or the resident's estate. If the resident or the resident's legal	60705
guardian or other legally authorized representative is unable to	60706
commence an action under that division on behalf of the resident,	60707
the following persons in the following order of priority have the	60708
right to and may commence an action under that division on behalf	60709
of the resident or the resident's estate:	60710

(i) The resident's spouse;

60711

(ii) The resident's parent or adult child;

60712

(iii) The resident's guardian if the resident is a minor	60713
child;	60714

(iv) The resident's brother or sister;

60715

(v) The resident's niece, nephew, aunt, or uncle.

60716

(c) Notwithstanding any law as to priority of persons	60717
entitled to commence an action, if more than one eligible person	60718
within the same level of priority seeks to commence an action on	60719
behalf of a resident or the resident's estate, the court shall	60720
determine, in the best interest of the resident or the resident's	60721
estate, the individual to commence the action. A court's	60722
determination under this division as to the person to commence an	60723
action on behalf of a resident or the resident's estate shall bar	60724
another person from commencing the action on behalf of the	60725
resident or the resident's estate.	60726

(d) The result of an action commenced pursuant to division	60727
(I)(1)(a) of this section by a person authorized under division	60728
(I)(1)(b) of this section shall bind the resident or the	60729
resident's estate that is the subject of the action.	60730

(e) A cause of action under division (I)(1)(a) of this	60731
section shall accrue, and the statute of limitations applicable to	60732
that cause of action shall begin to run, based upon the violation	60733
of a resident's rights under sections 3721.10 to 3721.17 of the	60734
Revised Code, regardless of the party commencing the action on	60735
behalf of the resident or the resident's estate as authorized	60736
under divisions (I)(1)(b) and (c) of this section.	60737

(2)(a) The plaintiff in an action filed under division (I)(1)	60738
of this section may obtain injunctive relief against the violation	60739
of the resident's rights. The plaintiff also may recover	60740
compensatory damages based upon a showing, by a preponderance of	60741
the evidence, that the violation of the resident's rights resulted	60742
from a negligent act or omission of the person or home and that	60743
the violation was the proximate cause of the resident's injury,	60744
death, or loss to person or property.	60745

(b) If compensatory damages are awarded for a violation of	60746
the resident's rights, section 2315.21 of the Revised Code shall	60747
apply to an award of punitive or exemplary damages for the	60748
violation.	60749

(c) The court, in a case in which only injunctive relief is	60750
granted, may award to the prevailing party reasonable attorney's	60751
fees limited to the work reasonably performed.	60752

(3) Division (I)(2) (b) of this section shall be considered	60753
to be purely remedial in operation and shall be applied in a	60754
remedial manner in any civil action in which this section is	60755
relevant, whether the action is pending in court or commenced on	60756
or after July 9, 1998.	60757

(4) Within thirty days after the filing of a complaint in an	60758
action for damages brought against a home under division (I)(1)(a)	60759
of this section by or on behalf of a resident or former resident	60760
of the home, the plaintiff or plaintiff's counsel shall send	60761
written notice of the filing of the complaint to the department of	60762
~~job and family services~~medicaid if the department has a right of	60763
recovery under section ~~5101.58~~5160.37 of the Revised Code against	60764
the liability of the home for the cost of ~~medical~~medicaid	60765
services ~~and care~~ arising out of injury, disease, or disability of	60766
the resident or former resident.	60767

Sec. 3721.19. (A) As used in this section:

60768

(1) "Home" and "residential care facility" have the same	60769
meanings as in section 3721.01 of the Revised Code;	60770

(2) "Provider agreement" has the same meaning as in section	60771
5165.01 of the Revised Code.	60772

(3) "Sponsor" and "residents' rights advocate" have the same	60773
meanings as in section 3721.10 of the Revised Code.	60774

A home licensed under this chapter that is not a party to a	60775
provider agreement~~, as defined in section 5111.20 of the Revised~~	60776
~~Code,~~ shall provide each prospective resident, before admission,	60777
with the following information, orally and in a separate written	60778
notice on which is printed in a conspicuous manner: "This home is	60779
not a participant in the ~~medical assistance~~medicaid program	60780
administered by the Ohio department of ~~job and family services~~	60781
medicaid. Consequently, you may be discharged from this home if	60782
you are unable to pay for the services provided by this home."	60783

If the prospective resident has a sponsor whose identity is	60784
made known to the home, the home shall also inform the sponsor,	60785
before admission of the resident, of the home's status relative to	60786
the ~~medical assistance~~medicaid program. Written acknowledgement	60787
of the receipt of the information shall be provided by the	60788
resident and, if the prospective resident has a sponsor who has	60789
been identified to the home, by the sponsor. The written	60790
acknowledgement shall be made part of the resident's record by the	60791
home.	60792

No home shall terminate its ~~status as a~~ provider ~~under the~~	60793
~~medicaid program~~agreement unless it has complied with section	60794
~~5111.66~~5165.50 of the Revised Code and, at least ninety days	60795
prior to such termination, provided written notice to the	60796
residents of the home and their sponsors of such action. This	60797
requirement shall not apply in cases where the department of ~~job~~	60798
~~and family services~~medicaid terminates a home's provider	60799
agreement or provider status.	60800

(B) A home licensed under this chapter as a residential care	60801
facility shall provide notice to each prospective resident or the	60802
individual's sponsor of the services offered by the facility and	60803
the types of skilled nursing care that the facility may provide. A	60804
residential care facility that, pursuant to section 3721.012 of	60805
the Revised Code, has a policy of entering into risk agreements	60806
with residents or their sponsors shall provide each prospective	60807
resident or the individual's sponsor a written explanation of the	60808
policy and the provisions that may be contained in a risk	60809
agreement. At the time the information is provided, the facility	60810
shall obtain a statement signed by the individual receiving the	60811
information acknowledging that the individual received the	60812
information. The facility shall maintain on file the individual's	60813
signed statement.	60814

(C) A resident has a cause of action against a home for	60815
breach of any duty imposed by this section. The action may be	60816
commenced by the resident, or on the resident's behalf by the	60817
resident's sponsor or a residents' rights advocate, by the filing	60818
of a civil action in the court of common pleas of the county in	60819
which the home is located, or in the court of common pleas of	60820
Franklin county.	60821

If the court finds that a breach of any duty imposed by this	60822
section has occurred, the court shall enjoin the home from	60823
discharging the resident from the home until arrangements	60824
satisfactory to the court are made for the orderly transfer of the	60825
resident to another mode of health care including, but not limited	60826
to, another home, and may award the resident and a person or	60827
public agency that brings an action on behalf of a resident	60828
reasonable attorney's fees. If a home discharges a resident to	60829
whom or to whose sponsor information concerning its status	60830
relative to the ~~medical assistance~~medicaid program was not	60831
provided as required under this section, the court shall grant any	60832
appropriate relief including, but not limited to, actual damages,	60833
reasonable attorney's fees, and costs.	60834

Sec. 3727.01. (A) As used in this section, "health	60835
maintenance organization" means a public or private organization	60836
organized under the law of any state that is qualified under	60837
section 1310(d) of Title XIII of the "Public Health Service Act,"	60838
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	60839
following:	60840

(1) Provides or otherwise makes available to enrolled	60841
participants health care services including at least the following	60842
basic health care services: usual physician services,	60843
hospitalization, laboratory, x-ray, emergency and preventive	60844
service, and out-of-area coverage;	60845

(2) Is compensated, except for copayments, for the provision	60846
of basic health care services to enrolled participants by a	60847
payment that is paid on a periodic basis without regard to the	60848
date the health care services are provided and that is fixed	60849
without regard to the frequency, extent, or kind of health service	60850
actually provided;	60851

(3) Provides physician services primarily in either of the	60852
following ways:	60853

(a) Directly through physicians who are either employees or	60854
partners of the organization;	60855

(b) Through arrangements with individual physicians or one or	60856
more groups of physicians organized on a group-practice or	60857
individual-practice basis.	60858

(B) As used in this chapter:

60859

(1) "Children's hospital" means any of the following:

60860

(a) A hospital registered under section 3701.07 of the	60861
Revised Code that provides general pediatric medical and surgical	60862
care, and in which at least seventy-five per cent of annual	60863
inpatient discharges for the preceding two calendar years were	60864
individuals less than eighteen years of age;	60865

(b) A distinct portion of a hospital registered under section	60866
3701.07 of the Revised Code that provides general pediatric	60867
medical and surgical care, has a total of at least one hundred	60868
fifty registered pediatric special care and pediatric acute care	60869
beds, and in which at least seventy-five per cent of annual	60870
inpatient discharges for the preceding two calendar years were	60871
individuals less than eighteen years of age;	60872

(c) A distinct portion of a hospital, if the hospital is	60873
registered under section 3701.07 of the Revised Code as a	60874
children's hospital and the children's hospital meets all the	60875
requirements of division (B)(1)(a) of this section.	60876

(2) "Hospital" means an institution classified as a hospital	60877
under section 3701.07 of the Revised Code in which are provided to	60878
inpatients diagnostic, medical, surgical, obstetrical,	60879
psychiatric, or rehabilitation care for a continuous period longer	60880
than twenty-four hours or a hospital operated by a health	60881
maintenance organization. "Hospital" does not include a facility	60882
licensed under Chapter 3721. of the Revised Code, a health care	60883
facility operated by the department of ~~mental health~~mental health	60884
and addiction services or the department of developmental	60885
disabilities, a health maintenance organization that does not	60886
operate a hospital, the office of any private licensed health care	60887
professional, whether organized for individual or group practice,	60888
or a clinic that provides ambulatory patient services and where	60889
patients are not regularly admitted as inpatients. "Hospital" also	60890
does not include an institution for the sick that is operated	60891
exclusively for patients who use spiritual means for healing and	60892
for whom the acceptance of medical care is inconsistent with their	60893
religious beliefs, accredited by a national accrediting	60894
organization, exempt from federal income taxation under section	60895
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	60896
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	60897
care pursuant to the exemption in division (E) of section 4723.32	60898
of the Revised Code from the licensing requirements of Chapter	60899
4723. of the Revised Code.	60900

(3) "Joint commission" means the commission formerly known as	60901
the joint commission on accreditation of healthcare organizations	60902
or the joint commission on accreditation of hospitals.	60903

Sec. 3734.28. Except as otherwise provided in sections	60904
3734.281 and 3734.282 of the Revised Code, moneys collected under	60905
sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26	60906
of the Revised Code and under the "Comprehensive Environmental	60907
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	60908
42 U.S.C.A. 9601, et seq., as amended, including moneys recovered	60909
under division (B)(1) of this section, shall be paid into the	60910
state treasury to the credit of the hazardous waste clean-up fund,	60911
which is hereby created. In addition, both of the following shall	60912
be credited to the fund:	60913

(A) Moneys recovered for costs paid from the fund for	60914
activities described in divisions (A)(1) and (2) of section	60915
3745.12 of the Revised Code;	60916

(B) Natural resource damage assessment costs recovered under	60917
any of the following:	60918

(1) The "Comprehensive Environmental Response, Compensation,	60919
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	60920
seq., as amended;	60921

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	60922
2701, et seq., as amended;	60923

(3) The ~~Federal Water Pollution Control Act as defined in~~	60924
~~section 6111.01 of the Revised Code~~"Clean Water Act of 1977," 91	60925
Stat. 1566, 33 U.S.C. 1321, et seq., as amended;	60926

(4) Any other applicable federal or state law.

60927

The environmental protection agency shall use the moneys in	60928
the fund for the purposes set forth in division (D) of section	60929
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	60930
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	60931
and Chapter 3746. of the Revised Code, including any related	60932
enforcement expenses and administrative expenses of any related	60933
closure or corrective action program. In addition, the agency	60934
shall use the moneys in the fund to pay the state's long-term	60935
operation and maintenance costs or matching share for actions	60936
taken under the "Comprehensive Environmental Response,	60937
Compensation, and Liability Act of 1980," as amended. If those	60938
moneys are reimbursed by grants or other moneys from the United	60939
States or any other person, the moneys shall be placed in the fund	60940
and not in the general revenue fund.	60941

The director of environmental protection may enter into	60942
contracts and grant agreements with federal, state, or local	60943
government agencies, nonprofit organizations, and colleges and	60944
universities for the purpose of carrying out the responsibilities	60945
of the environmental protection agency for which money may be	60946
expended from the fund.	60947

Sec. 3734.57. (A) The following fees are hereby levied on	60948
the transfer or disposal of solid wastes in this state:	60949

(1) One dollar per ton through June 30, ~~2014~~2016, ~~one-half~~	60950
thirty per cent of the proceeds of which shall be deposited in the	60951
state treasury to the credit of the hazardous waste facility	60952
management fund created in section 3734.18 of the Revised Code and	60953
~~one-half~~seventy per cent of the proceeds of which shall be	60954
deposited in the state treasury to the credit of the hazardous	60955
waste clean-up fund created in section 3734.28 of the Revised	60956
Code;	60957

(2) An additional one dollar per ton through June 30, ~~2014~~	60958
2016, the proceeds of which shall be deposited in the state	60959
treasury to the credit of the solid waste fund, which is hereby	60960
created. The environmental protection agency shall use money in	60961
the solid waste fund to pay the costs of administering and	60962
enforcing the laws pertaining to solid wastes, infectious wastes,	60963
and construction and demolition debris, including, without	60964
limitation, ground water evaluations related to solid wastes,	60965
infectious wastes, and construction and demolition debris, under	60966
this chapter and Chapter 3714. of the Revised Code and any rules	60967
adopted under them, providing compliance assistance to small	60968
businesses, and paying a share of the administrative costs of the	60969
environmental protection agency pursuant to section 3745.014 of	60970
the Revised Code.	60971

(3) An additional two dollars and fifty cents per ton through	60972
June 30, ~~2014~~2016, the proceeds of which shall be deposited in	60973
the state treasury to the credit of the environmental protection	60974
fund created in section 3745.015 of the Revised Code;	60975

(4) An additional twenty-five cents per ton through June 30,	60976
~~2013~~2016, the proceeds of which shall be deposited in the state	60977
treasury to the credit of the soil and water conservation district	60978
assistance fund created in section 1515.14 of the Revised Code.	60979

In the case of solid wastes that are taken to a solid waste	60980
transfer facility located in this state prior to being transported	60981
for disposal at a solid waste disposal facility located in this	60982
state or outside of this state, the fees levied under this	60983
division shall be collected by the owner or operator of the	60984
transfer facility as a trustee for the state. The amount of fees	60985
required to be collected under this division at such a transfer	60986
facility shall equal the total tonnage of solid wastes received at	60987
the facility multiplied by the fees levied under this division. In	60988
the case of solid wastes that are not taken to a solid waste	60989
transfer facility located in this state prior to being transported	60990
to a solid waste disposal facility, the fees shall be collected by	60991
the owner or operator of the solid waste disposal facility as a	60992
trustee for the state. The amount of fees required to be collected	60993
under this division at such a disposal facility shall equal the	60994
total tonnage of solid wastes received at the facility that was	60995
not previously taken to a solid waste transfer facility located in	60996
this state multiplied by the fees levied under this division. Fees	60997
levied under this division do not apply to materials separated	60998
from a mixed waste stream for recycling by a generator or	60999
materials removed from the solid waste stream through recycling,	61000
as "recycling" is defined in rules adopted under section 3734.02	61001
of the Revised Code.	61002

The owner or operator of a solid waste transfer facility or	61003
disposal facility, as applicable, shall prepare and file with the	61004
director of environmental protection each month a return	61005
indicating the total tonnage of solid wastes received at the	61006
facility during that month and the total amount of the fees	61007
required to be collected under this division during that month. In	61008
addition, the owner or operator of a solid waste disposal facility	61009
shall indicate on the return the total tonnage of solid wastes	61010
received from transfer facilities located in this state during	61011
that month for which the fees were required to be collected by the	61012
transfer facilities. The monthly returns shall be filed on a form	61013
prescribed by the director. Not later than thirty days after the	61014
last day of the month to which a return applies, the owner or	61015
operator shall mail to the director the return for that month	61016
together with the fees required to be collected under this	61017
division during that month as indicated on the return or may	61018
submit the return and fees electronically in a manner approved by	61019
the director. If the return is filed and the amount of the fees	61020
due is paid in a timely manner as required in this division, the	61021
owner or operator may retain a discount of three-fourths of one	61022
per cent of the total amount of the fees that are required to be	61023
paid as indicated on the return.	61024

The owner or operator may request an extension of not more	61025
than thirty days for filing the return and remitting the fees,	61026
provided that the owner or operator has submitted such a request	61027
in writing to the director together with a detailed description of	61028
why the extension is requested, the director has received the	61029
request not later than the day on which the return is required to	61030
be filed, and the director has approved the request. If the fees	61031
are not remitted within thirty days after the last day of the	61032
month to which the return applies or are not remitted by the last	61033
day of an extension approved by the director, the owner or	61034
operator shall not retain the three-fourths of one per cent	61035
discount and shall pay an additional ten per cent of the amount of	61036
the fees for each month that they are late. For purposes of	61037
calculating the late fee, the first month in which fees are late	61038
begins on the first day after the deadline has passed for timely	61039
submitting the return and fees, and one additional month shall be	61040
counted every thirty days thereafter.	61041

The owner or operator of a solid waste facility may request a	61042
refund or credit of fees levied under this division and remitted	61043
to the director that have not been paid to the owner or operator.	61044
Such a request shall be made only if the fees have not been	61045
collected by the owner or operator, have become a debt that has	61046
become worthless or uncollectable for a period of six months or	61047
more, and may be claimed as a deduction, including a deduction	61048
claimed if the owner or operator keeps accounts on an accrual	61049
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	61050
U.S.C. 166, as amended, and regulations adopted under it. Prior to	61051
making a request for a refund or credit, an owner or operator	61052
shall make reasonable efforts to collect the applicable fees. A	61053
request for a refund or credit shall not include any costs	61054
resulting from those efforts to collect unpaid fees.	61055

A request for a refund or credit of fees shall be made in	61056
writing, on a form prescribed by the director, and shall be	61057
supported by evidence that may be required in rules adopted by the	61058
director under this chapter. After reviewing the request, and if	61059
the request and evidence submitted with the request indicate that	61060
a refund or credit is warranted, the director shall grant a refund	61061
to the owner or operator or shall permit a credit to be taken by	61062
the owner or operator on a subsequent monthly return submitted by	61063
the owner or operator. The amount of a refund or credit shall not	61064
exceed an amount that is equal to ninety days' worth of fees owed	61065
to an owner or operator by a particular debtor of the owner or	61066
operator. A refund or credit shall not be granted by the director	61067
to an owner or operator more than once in any twelve-month period	61068
for fees owed to the owner or operator by a particular debtor.	61069

If, after receiving a refund or credit from the director, an	61070
owner or operator receives payment of all or part of the fees, the	61071
owner or operator shall remit the fees with the next monthly	61072
return submitted to the director together with a written	61073
explanation of the reason for the submittal.	61074

For purposes of computing the fees levied under this division	61075
or division (B) of this section, any solid waste transfer or	61076
disposal facility that does not use scales as a means of	61077
determining gate receipts shall use a conversion factor of three	61078
cubic yards per ton of solid waste or one cubic yard per ton for	61079
baled waste, as applicable.	61080

The fees levied under this division and divisions (B) and (C)	61081
of this section are in addition to all other applicable fees and	61082
taxes and shall be paid by the customer or a political subdivision	61083
to the owner or operator of a solid waste transfer or disposal	61084
facility. In the alternative, the fees shall be paid by a customer	61085
or political subdivision to a transporter of waste who	61086
subsequently transfers the fees to the owner or operator of such a	61087
facility. The fees shall be paid notwithstanding the existence of	61088
any provision in a contract that the customer or a political	61089
subdivision may have with the owner or operator or with a	61090
transporter of waste to the facility that would not require or	61091
allow such payment regardless of whether the contract was entered	61092
prior to or after October 16, 2009. For those purposes, "customer"	61093
means a person who contracts with, or utilizes the solid waste	61094
services of, the owner or operator of a solid waste transfer or	61095
disposal facility or a transporter of solid waste to such a	61096
facility.	61097

(B) For the purposes specified in division (G) of this	61098
section, the solid waste management policy committee of a county	61099
or joint solid waste management district may levy fees upon the	61100
following activities:	61101

(1) The disposal at a solid waste disposal facility located	61102
in the district of solid wastes generated within the district;	61103

(2) The disposal at a solid waste disposal facility within	61104
the district of solid wastes generated outside the boundaries of	61105
the district, but inside this state;	61106

(3) The disposal at a solid waste disposal facility within	61107
the district of solid wastes generated outside the boundaries of	61108
this state.	61109

The solid waste management plan of the county or joint	61110
district approved under section 3734.521 or 3734.55 of the Revised	61111
Code and any amendments to it, or the resolution adopted under	61112
this division, as appropriate, shall establish the rates of the	61113
fees levied under divisions (B)(1), (2), and (3) of this section,	61114
if any, and shall specify whether the fees are levied on the basis	61115
of tons or cubic yards as the unit of measurement. A solid waste	61116
management district that levies fees under this division on the	61117
basis of cubic yards shall do so in accordance with division (A)	61118
of this section.	61119

The fee levied under division (B)(1) of this section shall be	61120
not less than one dollar per ton nor more than two dollars per	61121
ton, the fee levied under division (B)(2) of this section shall be	61122
not less than two dollars per ton nor more than four dollars per	61123
ton, and the fee levied under division (B)(3) of this section	61124
shall be not more than the fee levied under division (B)(1) of	61125
this section.	61126

Prior to the approval of the solid waste management plan of a	61127
district under section 3734.55 of the Revised Code, the solid	61128
waste management policy committee of a district may levy fees	61129
under this division by adopting a resolution establishing the	61130
proposed amount of the fees. Upon adopting the resolution, the	61131
committee shall deliver a copy of the resolution to the board of	61132
county commissioners of each county forming the district and to	61133
the legislative authority of each municipal corporation and	61134
township under the jurisdiction of the district and shall prepare	61135
and publish the resolution and a notice of the time and location	61136
where a public hearing on the fees will be held. Upon adopting the	61137
resolution, the committee shall deliver written notice of the	61138
adoption of the resolution; of the amount of the proposed fees;	61139
and of the date, time, and location of the public hearing to the	61140
director and to the fifty industrial, commercial, or institutional	61141
generators of solid wastes within the district that generate the	61142
largest quantities of solid wastes, as determined by the	61143
committee, and to their local trade associations. The committee	61144
shall make good faith efforts to identify those generators within	61145
the district and their local trade associations, but the	61146
nonprovision of notice under this division to a particular	61147
generator or local trade association does not invalidate the	61148
proceedings under this division. The publication shall occur at	61149
least thirty days before the hearing. After the hearing, the	61150
committee may make such revisions to the proposed fees as it	61151
considers appropriate and thereafter, by resolution, shall adopt	61152
the revised fee schedule. Upon adopting the revised fee schedule,	61153
the committee shall deliver a copy of the resolution doing so to	61154
the board of county commissioners of each county forming the	61155
district and to the legislative authority of each municipal	61156
corporation and township under the jurisdiction of the district.	61157
Within sixty days after the delivery of a copy of the resolution	61158
adopting the proposed revised fees by the policy committee, each	61159
such board and legislative authority, by ordinance or resolution,	61160
shall approve or disapprove the revised fees and deliver a copy of	61161
the ordinance or resolution to the committee. If any such board or	61162
legislative authority fails to adopt and deliver to the policy	61163
committee an ordinance or resolution approving or disapproving the	61164
revised fees within sixty days after the policy committee	61165
delivered its resolution adopting the proposed revised fees, it	61166
shall be conclusively presumed that the board or legislative	61167
authority has approved the proposed revised fees. The committee	61168
shall determine if the resolution has been ratified in the same	61169
manner in which it determines if a draft solid waste management	61170
plan has been ratified under division (B) of section 3734.55 of	61171
the Revised Code.	61172

The committee may amend the schedule of fees levied pursuant	61173
to a resolution adopted and ratified under this division by	61174
adopting a resolution establishing the proposed amount of the	61175
amended fees. The committee may repeal the fees levied pursuant to	61176
such a resolution by adopting a resolution proposing to repeal	61177
them. Upon adopting such a resolution, the committee shall proceed	61178
to obtain ratification of the resolution in accordance with this	61179
division.	61180

Not later than fourteen days after declaring the new fees to	61181
be ratified or the fees to be repealed under this division, the	61182
committee shall notify by certified mail the owner or operator of	61183
each solid waste disposal facility that is required to collect the	61184
fees of the ratification and the amount of the fees or of the	61185
repeal of the fees. Collection of any fees shall commence or	61186
collection of repealed fees shall cease on the first day of the	61187
second month following the month in which notification is sent to	61188
the owner or operator.	61189

Fees levied under this division also may be established,	61190
amended, or repealed by a solid waste management policy committee	61191
through the adoption of a new district solid waste management	61192
plan, the adoption of an amended plan, or the amendment of the	61193
plan or amended plan in accordance with sections 3734.55 and	61194
3734.56 of the Revised Code or the adoption or amendment of a	61195
district plan in connection with a change in district composition	61196
under section 3734.521 of the Revised Code.	61197

Not later than fourteen days after the director issues an	61198
order approving a district's solid waste management plan, amended	61199
plan, or amendment to a plan or amended plan that establishes,	61200
amends, or repeals a schedule of fees levied by the district, the	61201
committee shall notify by certified mail the owner or operator of	61202
each solid waste disposal facility that is required to collect the	61203
fees of the approval of the plan or amended plan, or the amendment	61204
to the plan, as appropriate, and the amount of the fees, if any.	61205
In the case of an initial or amended plan approved under section	61206
3734.521 of the Revised Code in connection with a change in	61207
district composition, other than one involving the withdrawal of a	61208
county from a joint district, the committee, within fourteen days	61209
after the change takes effect pursuant to division (G) of that	61210
section, shall notify by certified mail the owner or operator of	61211
each solid waste disposal facility that is required to collect the	61212
fees that the change has taken effect and of the amount of the	61213
fees, if any. Collection of any fees shall commence or collection	61214
of repealed fees shall cease on the first day of the second month	61215
following the month in which notification is sent to the owner or	61216
operator.	61217

If, in the case of a change in district composition involving	61218
the withdrawal of a county from a joint district, the director	61219
completes the actions required under division (G)(1) or (3) of	61220
section 3734.521 of the Revised Code, as appropriate, forty-five	61221
days or more before the beginning of a calendar year, the policy	61222
committee of each of the districts resulting from the change that	61223
obtained the director's approval of an initial or amended plan in	61224
connection with the change, within fourteen days after the	61225
director's completion of the required actions, shall notify by	61226
certified mail the owner or operator of each solid waste disposal	61227
facility that is required to collect the district's fees that the	61228
change is to take effect on the first day of January immediately	61229
following the issuance of the notice and of the amount of the fees	61230
or amended fees levied under divisions (B)(1) to (3) of this	61231
section pursuant to the district's initial or amended plan as so	61232
approved or, if appropriate, the repeal of the district's fees by	61233
that initial or amended plan. Collection of any fees set forth in	61234
such a plan or amended plan shall commence on the first day of	61235
January immediately following the issuance of the notice. If such	61236
an initial or amended plan repeals a schedule of fees, collection	61237
of the fees shall cease on that first day of January.	61238

If, in the case of a change in district composition involving	61239
the withdrawal of a county from a joint district, the director	61240
completes the actions required under division (G)(1) or (3) of	61241
section 3734.521 of the Revised Code, as appropriate, less than	61242
forty-five days before the beginning of a calendar year, the	61243
director, on behalf of each of the districts resulting from the	61244
change that obtained the director's approval of an initial or	61245
amended plan in connection with the change proceedings, shall	61246
notify by certified mail the owner or operator of each solid waste	61247
disposal facility that is required to collect the district's fees	61248
that the change is to take effect on the first day of January	61249
immediately following the mailing of the notice and of the amount	61250
of the fees or amended fees levied under divisions (B)(1) to (3)	61251
of this section pursuant to the district's initial or amended plan	61252
as so approved or, if appropriate, the repeal of the district's	61253
fees by that initial or amended plan. Collection of any fees set	61254
forth in such a plan or amended plan shall commence on the first	61255
day of the second month following the month in which notification	61256
is sent to the owner or operator. If such an initial or amended	61257
plan repeals a schedule of fees, collection of the fees shall	61258
cease on the first day of the second month following the month in	61259
which notification is sent to the owner or operator.	61260

If the schedule of fees that a solid waste management	61261
district is levying under divisions (B)(1) to (3) of this section	61262
is amended or repealed, the fees in effect immediately prior to	61263
the amendment or repeal shall continue to be collected until	61264
collection of the amended fees commences or collection of the	61265
repealed fees ceases, as applicable, as specified in this	61266
division. In the case of a change in district composition, money	61267
so received from the collection of the fees of the former	61268
districts shall be divided among the resulting districts in	61269
accordance with division (B) of section 343.012 of the Revised	61270
Code and the agreements entered into under division (B) of section	61271
343.01 of the Revised Code to establish the former and resulting	61272
districts and any amendments to those agreements.	61273

For the purposes of the provisions of division (B) of this	61274
section establishing the times when newly established or amended	61275
fees levied by a district are required to commence and the	61276
collection of fees that have been amended or repealed is required	61277
to cease, "fees" or "schedule of fees" includes, in addition to	61278
fees levied under divisions (B)(1) to (3) of this section, those	61279
levied under section 3734.573 or 3734.574 of the Revised Code.	61280

(C) For the purposes of defraying the added costs to a	61281
municipal corporation or township of maintaining roads and other	61282
public facilities and of providing emergency and other public	61283
services, and compensating a municipal corporation or township for	61284
reductions in real property tax revenues due to reductions in real	61285
property valuations resulting from the location and operation of a	61286
solid waste disposal facility within the municipal corporation or	61287
township, a municipal corporation or township in which such a	61288
solid waste disposal facility is located may levy a fee of not	61289
more than twenty-five cents per ton on the disposal of solid	61290
wastes at a solid waste disposal facility located within the	61291
boundaries of the municipal corporation or township regardless of	61292
where the wastes were generated.	61293

The legislative authority of a municipal corporation or	61294
township may levy fees under this division by enacting an	61295
ordinance or adopting a resolution establishing the amount of the	61296
fees. Upon so doing the legislative authority shall mail a	61297
certified copy of the ordinance or resolution to the board of	61298
county commissioners or directors of the county or joint solid	61299
waste management district in which the municipal corporation or	61300
township is located or, if a regional solid waste management	61301
authority has been formed under section 343.011 of the Revised	61302
Code, to the board of trustees of that regional authority, the	61303
owner or operator of each solid waste disposal facility in the	61304
municipal corporation or township that is required to collect the	61305
fee by the ordinance or resolution, and the director of	61306
environmental protection. Although the fees levied under this	61307
division are levied on the basis of tons as the unit of	61308
measurement, the legislative authority, in its ordinance or	61309
resolution levying the fees under this division, may direct that	61310
the fees be levied on the basis of cubic yards as the unit of	61311
measurement based upon a conversion factor of three cubic yards	61312
per ton generally or one cubic yard per ton for baled wastes.	61313

Not later than five days after enacting an ordinance or	61314
adopting a resolution under this division, the legislative	61315
authority shall so notify by certified mail the owner or operator	61316
of each solid waste disposal facility that is required to collect	61317
the fee. Collection of any fee levied on or after March 24, 1992,	61318
shall commence on the first day of the second month following the	61319
month in which notification is sent to the owner or operator.	61320

(D)(1) The fees levied under divisions (A), (B), and (C) of	61321
this section do not apply to the disposal of solid wastes that:	61322

(a) Are disposed of at a facility owned by the generator of	61323
the wastes when the solid waste facility exclusively disposes of	61324
solid wastes generated at one or more premises owned by the	61325
generator regardless of whether the facility is located on a	61326
premises where the wastes are generated;	61327

(b) Are generated from the combustion of coal, or from the	61328
combustion of primarily coal, regardless of whether the disposal	61329
facility is located on the premises where the wastes are	61330
generated;	61331

(c) Are asbestos or asbestos-containing materials or products	61332
disposed of at a construction and demolition debris facility that	61333
is licensed under Chapter 3714. of the Revised Code or at a solid	61334
waste facility that is licensed under this chapter.	61335

(2) Except as provided in section 3734.571 of the Revised	61336
Code, any fees levied under division (B)(1) of this section apply	61337
to solid wastes originating outside the boundaries of a county or	61338
joint district that are covered by an agreement for the joint use	61339
of solid waste facilities entered into under section 343.02 of the	61340
Revised Code by the board of county commissioners or board of	61341
directors of the county or joint district where the wastes are	61342
generated and disposed of.	61343

(3) When solid wastes, other than solid wastes that consist	61344
of scrap tires, are burned in a disposal facility that is an	61345
incinerator or energy recovery facility, the fees levied under	61346
divisions (A), (B), and (C) of this section shall be levied upon	61347
the disposal of the fly ash and bottom ash remaining after burning	61348
of the solid wastes and shall be collected by the owner or	61349
operator of the sanitary landfill where the ash is disposed of.	61350

(4) When solid wastes are delivered to a solid waste transfer	61351
facility, the fees levied under divisions (B) and (C) of this	61352
section shall be levied upon the disposal of solid wastes	61353
transported off the premises of the transfer facility for disposal	61354
and shall be collected by the owner or operator of the solid waste	61355
disposal facility where the wastes are disposed of.	61356

(5) The fees levied under divisions (A), (B), and (C) of this	61357
section do not apply to sewage sludge that is generated by a waste	61358
water treatment facility holding a national pollutant discharge	61359
elimination system permit and that is disposed of through	61360
incineration, land application, or composting or at another	61361
resource recovery or disposal facility that is not a landfill.	61362

(6) The fees levied under divisions (A), (B), and (C) of this	61363
section do not apply to solid wastes delivered to a solid waste	61364
composting facility for processing. When any unprocessed solid	61365
waste or compost product is transported off the premises of a	61366
composting facility and disposed of at a landfill, the fees levied	61367
under divisions (A), (B), and (C) of this section shall be	61368
collected by the owner or operator of the landfill where the	61369
unprocessed waste or compost product is disposed of.	61370

(7) When solid wastes that consist of scrap tires are	61371
processed at a scrap tire recovery facility, the fees levied under	61372
divisions (A), (B), and (C) of this section shall be levied upon	61373
the disposal of the fly ash and bottom ash or other solid wastes	61374
remaining after the processing of the scrap tires and shall be	61375
collected by the owner or operator of the solid waste disposal	61376
facility where the ash or other solid wastes are disposed of.	61377

(8) The director of environmental protection may issue an	61378
order exempting from the fees levied under this section solid	61379
wastes, including, but not limited to, scrap tires, that are	61380
generated, transferred, or disposed of as a result of a contract	61381
providing for the expenditure of public funds entered into by the	61382
administrator or regional administrator of the United States	61383
environmental protection agency, the director of environmental	61384
protection, or the director of administrative services on behalf	61385
of the director of environmental protection for the purpose of	61386
remediating conditions at a hazardous waste facility, solid waste	61387
facility, or other location at which the administrator or regional	61388
administrator or the director of environmental protection has	61389
reason to believe that there is a substantial threat to public	61390
health or safety or the environment or that the conditions are	61391
causing or contributing to air or water pollution or soil	61392
contamination. An order issued by the director of environmental	61393
protection under division (D)(8) of this section shall include a	61394
determination that the amount of the fees not received by a solid	61395
waste management district as a result of the order will not	61396
adversely impact the implementation and financing of the	61397
district's approved solid waste management plan and any approved	61398
amendments to the plan. Such an order is a final action of the	61399
director of environmental protection.	61400

(E) The fees levied under divisions (B) and (C) of this	61401
section shall be collected by the owner or operator of the solid	61402
waste disposal facility where the wastes are disposed of as a	61403
trustee for the county or joint district and municipal corporation	61404
or township where the wastes are disposed of. Moneys from the fees	61405
levied under division (B) of this section shall be forwarded to	61406
the board of county commissioners or board of directors of the	61407
district in accordance with rules adopted under division (H) of	61408
this section. Moneys from the fees levied under division (C) of	61409
this section shall be forwarded to the treasurer or such other	61410
officer of the municipal corporation as, by virtue of the charter,	61411
has the duties of the treasurer or to the fiscal officer of the	61412
township, as appropriate, in accordance with those rules.	61413

(F) Moneys received by the treasurer or other officer of the	61414
municipal corporation under division (E) of this section shall be	61415
paid into the general fund of the municipal corporation. Moneys	61416
received by the fiscal officer of the township under that division	61417
shall be paid into the general fund of the township. The treasurer	61418
or other officer of the municipal corporation or the township	61419
fiscal officer, as appropriate, shall maintain separate records of	61420
the moneys received from the fees levied under division (C) of	61421
this section.	61422

(G) Moneys received by the board of county commissioners or	61423
board of directors under division (E) of this section or section	61424
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	61425
shall be paid to the county treasurer, or other official acting in	61426
a similar capacity under a county charter, in a county district or	61427
to the county treasurer or other official designated by the board	61428
of directors in a joint district and kept in a separate and	61429
distinct fund to the credit of the district. If a regional solid	61430
waste management authority has been formed under section 343.011	61431
of the Revised Code, moneys received by the board of trustees of	61432
that regional authority under division (E) of this section shall	61433
be kept by the board in a separate and distinct fund to the credit	61434
of the district. Moneys in the special fund of the county or joint	61435
district arising from the fees levied under division (B) of this	61436
section and the fee levied under division (A) of section 3734.573	61437
of the Revised Code shall be expended by the board of county	61438
commissioners or directors of the district in accordance with the	61439
district's solid waste management plan or amended plan approved	61440
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	61441
exclusively for the following purposes:	61442

(1) Preparation of the solid waste management plan of the	61443
district under section 3734.54 of the Revised Code, monitoring	61444
implementation of the plan, and conducting the periodic review and	61445
amendment of the plan required by section 3734.56 of the Revised	61446
Code by the solid waste management policy committee;	61447

(2) Implementation of the approved solid waste management	61448
plan or amended plan of the district, including, without	61449
limitation, the development and implementation of solid waste	61450
recycling or reduction programs;	61451

(3) Providing financial assistance to boards of health within	61452
the district, if solid waste facilities are located within the	61453
district, for enforcement of this chapter and rules, orders, and	61454
terms and conditions of permits, licenses, and variances adopted	61455
or issued under it, other than the hazardous waste provisions of	61456
this chapter and rules adopted and orders and terms and conditions	61457
of permits issued under those provisions;	61458

(4) Providing financial assistance to each county within the	61459
district to defray the added costs of maintaining roads and other	61460
public facilities and of providing emergency and other public	61461
services resulting from the location and operation of a solid	61462
waste facility within the county under the district's approved	61463
solid waste management plan or amended plan;	61464

(5) Pursuant to contracts entered into with boards of health	61465
within the district, if solid waste facilities contained in the	61466
district's approved plan or amended plan are located within the	61467
district, for paying the costs incurred by those boards of health	61468
for collecting and analyzing samples from public or private water	61469
wells on lands adjacent to those facilities;	61470

(6) Developing and implementing a program for the inspection	61471
of solid wastes generated outside the boundaries of this state	61472
that are disposed of at solid waste facilities included in the	61473
district's approved solid waste management plan or amended plan;	61474

(7) Providing financial assistance to boards of health within	61475
the district for the enforcement of section 3734.03 of the Revised	61476
Code or to local law enforcement agencies having jurisdiction	61477
within the district for enforcing anti-littering laws and	61478
ordinances;	61479

(8) Providing financial assistance to boards of health of	61480
health districts within the district that are on the approved list	61481
under section 3734.08 of the Revised Code to defray the costs to	61482
the health districts for the participation of their employees	61483
responsible for enforcement of the solid waste provisions of this	61484
chapter and rules adopted and orders and terms and conditions of	61485
permits, licenses, and variances issued under those provisions in	61486
the training and certification program as required by rules	61487
adopted under division (L) of section 3734.02 of the Revised Code;	61488

(9) Providing financial assistance to individual municipal	61489
corporations and townships within the district to defray their	61490
added costs of maintaining roads and other public facilities and	61491
of providing emergency and other public services resulting from	61492
the location and operation within their boundaries of a	61493
composting, energy or resource recovery, incineration, or	61494
recycling facility that either is owned by the district or is	61495
furnishing solid waste management facility or recycling services	61496
to the district pursuant to a contract or agreement with the board	61497
of county commissioners or directors of the district;	61498

(10) Payment of any expenses that are agreed to, awarded, or	61499
ordered to be paid under section 3734.35 of the Revised Code and	61500
of any administrative costs incurred pursuant to that section. In	61501
the case of a joint solid waste management district, if the board	61502
of county commissioners of one of the counties in the district is	61503
negotiating on behalf of affected communities, as defined in that	61504
section, in that county, the board shall obtain the approval of	61505
the board of directors of the district in order to expend moneys	61506
for administrative costs incurred.	61507

Prior to the approval of the district's solid waste	61508
management plan under section 3734.55 of the Revised Code, moneys	61509
in the special fund of the district arising from the fees shall be	61510
expended for those purposes in the manner prescribed by the solid	61511
waste management policy committee by resolution.	61512

Notwithstanding division (G)(6) of this section as it existed	61513
prior to October 29, 1993, or any provision in a district's solid	61514
waste management plan prepared in accordance with division	61515
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	61516
prior to that date, any moneys arising from the fees levied under	61517
division (B)(3) of this section prior to January 1, 1994, may be	61518
expended for any of the purposes authorized in divisions (G)(1) to	61519
(10) of this section.	61520

(H) The director shall adopt rules in accordance with Chapter	61521
119. of the Revised Code prescribing procedures for collecting and	61522
forwarding the fees levied under divisions (B) and (C) of this	61523
section to the boards of county commissioners or directors of	61524
county or joint solid waste management districts and to the	61525
treasurers or other officers of municipal corporations and the	61526
fiscal officers of townships. The rules also shall prescribe the	61527
dates for forwarding the fees to the boards and officials and may	61528
prescribe any other requirements the director considers necessary	61529
or appropriate to implement and administer divisions (A), (B), and	61530
(C) of this section.	61531

Sec. 3734.901. (A)(1) For the purpose of providing revenue	61532
to defray the cost of administering and enforcing the scrap tire	61533
provisions of this chapter, rules adopted under those provisions,	61534
and terms and conditions of orders, variances, and licenses issued	61535
under those provisions; to abate accumulations of scrap tires; to	61536
make grants supporting market development activities for scrap	61537
tires and synthetic rubber from tire manufacturing processes and	61538
tire recycling processes and to support scrap tire amnesty and	61539
cleanup events; to make loans to promote the recycling or recovery	61540
of energy from scrap tires; and to defray the costs of	61541
administering and enforcing sections 3734.90 to 3734.9014 of the	61542
Revised Code, a fee of fifty cents per tire is hereby levied on	61543
the sale of tires. The proceeds of the fee shall be deposited in	61544
the state treasury to the credit of the scrap tire management fund	61545
created in section 3734.82 of the Revised Code. The fee is levied	61546
from the first day of the calendar month that begins next after	61547
thirty days from October 29, 1993, through June 30, ~~2013~~2016.	61548

(2) Beginning on July 1, 2011, and ending on June 30, ~~2013~~	61549
2016, there is hereby levied an additional fee of fifty cents per	61550
tire on the sale of tires the proceeds of which shall be deposited	61551
in the state treasury to the credit of the soil and water	61552
conservation district assistance fund created in section 1515.14	61553
of the Revised Code.	61554

(B) Only one sale of the same article shall be used in	61555
computing the amount of the fee due.	61556

Sec. 3734.907. (A) Any person required to pay the fee	61557
imposed by section 3734.901 of the Revised Code is personally	61558
liable for the fee. The tax commissioner may make an assessment,	61559
based upon any information in the commissioner's possession,	61560
against any person who fails to file a return or pay any fee,	61561
interest, or additional charge as required by sections 3734.90 to	61562
3734.9014 of the Revised Code. The commissioner shall give the	61563
person assessed written notice of the assessment in the manner	61564
provided in section 5703.37 of the Revised Code. With the notice,	61565
the commissioner shall provide instructions on how to petition for	61566
reassessment and request a hearing on the petition.	61567

(B) When the information in the possession of the tax	61568
commissioner indicates that a person liable for the fee imposed by	61569
section 3734.901 of the Revised Code has not paid the full amount	61570
of fee due, the commissioner may audit a representative sample of	61571
the person's business and may issue an assessment based on the	61572
audit.	61573

(C) A penalty of up to fifteen per cent may be added to all	61574
amounts assessed under this section. The commissioner may adopt	61575
rules providing for the imposition and remission of the penalties.	61576

(D) Unless the person assessed files with the tax	61577
commissioner within sixty days after service of the notice of	61578
assessment, either personally or by certified mail, a written	61579
petition for reassessment signed by the person assessed or that	61580
person's authorized agent having knowledge of the facts, the	61581
assessment becomes final and the amount of the assessment is due	61582
and payable from the person assessed to the treasurer of state.	61583
The petition shall indicate the objections of the person assessed,	61584
but additional objections may be raised in writing if received by	61585
the commissioner prior to the date shown on the final	61586
determination. If the petition has been properly filed, the	61587
commissioner shall proceed under section 5703.60 of the Revised	61588
Code.	61589

(E) After an assessment becomes final, if any portion of the	61590
assessment, including accrued interest, remains unpaid, a	61591
certified copy of the tax commissioner's entry making the	61592
assessment final may be filed in the office of the clerk of the	61593
court of common pleas in the county in which the person assessed	61594
resides or in which the person's business is conducted. If the	61595
person assessed maintains no place of business in this state and	61596
is not a resident of this state, the certified copy of the entry	61597
may be filed in the office of the clerk of the court of common	61598
pleas of Franklin county.	61599

Immediately upon the filing of the entry, the clerk shall	61600
enter a judgment for the state against the person assessed in the	61601
amount shown on the entry. The judgment may be filed by the clerk	61602
in a loose-leaf book entitled "special judgments for state tire	61603
fee," and shall have the same effect as other judgments. Execution	61604
shall issue upon the judgment upon the request of the tax	61605
commissioner, and all laws applicable to sales on execution shall	61606
apply to sales made under the judgment.	61607

~~The portion of~~If the assessment is not paid in its entirety	61608
within sixty days after the day the assessment was issued, the	61609
portion of the assessment consisting of tax due shall bear	61610
interest at the rate per annum prescribed by section 5703.47 of	61611
the Revised Code from the day the commissioner issues the	61612
assessment until the day the assessment is paid or until it is	61613
certified to the attorney general for collection under section	61614
131.02 of the Revised Code, whichever comes first. If the unpaid	61615
portion of the assessment is certified to the attorney general for	61616
collection, the entire unpaid portion of the assessment shall bear	61617
interest at the rate per annum prescribed by section 5703.47 of	61618
the Revised Code from the date of certification until the date it	61619
is paid in its entirety. Interest shall be paid in the same manner	61620
as the fee and may be collected by the issuance of an assessment	61621
under this section.	61622

(F) If the tax commissioner believes that collection of the	61623
fee will be jeopardized unless proceedings to collect or secure	61624
collection of the fee are instituted without delay, the	61625
commissioner may issue a jeopardy assessment against the person	61626
liable for the fee. Immediately upon the issuance of the jeopardy	61627
assessment, the commissioner shall file an entry with the clerk of	61628
the court of common pleas in the manner prescribed by division (E)	61629
of this section. Notice of the jeopardy assessment shall be served	61630
on the person assessed or the person's legal representative, as	61631
provided in section 5703.37 of the Revised Code, within five days	61632
of the filing of the entry with the clerk. The total amount	61633
assessed is immediately due and payable, unless the person	61634
assessed files a petition for reassessment in accordance with	61635
division (D) of this section and provides security in a form	61636
satisfactory to the commissioner and in an amount sufficient to	61637
satisfy the unpaid balance of the assessment. Full or partial	61638
payment of the assessment does not prejudice the commissioner's	61639
consideration of the petition for reassessment.	61640

(G) All money collected by the tax commissioner under this	61641
section shall be paid to the treasurer of state as revenue arising	61642
from the fee imposed by section 3734.901 of the Revised Code.	61643

Sec. 3735.58. (A) The director of ~~mental health~~mental	61644
health and addiction services, the director of developmental	61645
disabilities, or the director of rehabilitation and correction may	61646
enter into contracts for the sale of land not needed by their	61647
departments and under their jurisdiction or supervision to	61648
metropolitan housing authorities for use by such an authority for	61649
a housing project or projects. Such contract may contain such	61650
conditions and terms as are, in the discretion of the directors,	61651
in the best interests of the state and the welfare of the	61652
residents of the state.	61653

(B) The director may, upon receipt of a request from a	61654
metropolitan housing authority, request the approval of the	61655
governor to sell and convey land not needed by the director's	61656
department and under the director's jurisdiction or supervision to	61657
an authority, subject to such terms and conditions consistent with	61658
the public interest and welfare of the residents of the state as	61659
the director considers necessary. The governor, with the approval	61660
of the controlling board, may approve the request. Such property	61661
shall be appraised at its fair market value before it is conveyed.	61662
The director of administrative services shall cause it to be	61663
appraised by three disinterested persons and shall determine the	61664
fee which each appraiser shall receive, not to exceed fifty	61665
dollars. All appraisal fees shall be paid by the authority which	61666
shall deposit with the director one hundred fifty dollars before	61667
the appraisal is made. If the deposit exceeds the appraisal fee,	61668
the balance shall be returned to the authority. The appraisal	61669
value, when approved by the director, is the purchase price. If	61670
the purchase price is not paid within ninety days after notice to	61671
the authority of the approved appraisal value, the director shall	61672
withdraw approval of the appraisal value and no deed shall be	61673
delivered to the authority without the written approval of the	61674
director of the purchase price. If the purchase price is paid	61675
within ninety days, a deed shall be prepared and recorded pursuant	61676
to section 5301.13 of the Revised Code.	61677

(C) Moneys received from sales of land to a metropolitan	61678
housing authority shall be placed in the state treasury in special	61679
funds, to be used for such purposes of the department of ~~mental~~	61680
~~health~~mental health and addiction services, the department of	61681
developmental disabilities, or the department of rehabilitation	61682
and correction as is appropriate.	61683

Sec. 3735.661. (A) For the purpose of determining the "first	61684
two amendments" referenced in division (B) of Section 3 of Am.	61685
Sub. S.B. 19 of the 120th General Assembly, an amendment means any	61686
modification to an ordinance or resolution adopted under section	61687
3735.66 of the Revised Code that does any of the following:	61688

(1) Expands the geographic size of a community reinvestment	61689
area.	61690

(2) Increases a property's or category of property's exempted	61691
percentage of assessed valuation, notwithstanding the requirements	61692
of section 3735.66 of the Revised Code as that section existed on	61693
July 21, 1994. Division (A)(2) of this section does not authorize	61694
a municipal corporation to increase a property's or category of	61695
property's exempted percentage of assessed valuation pursuant to	61696
that section.	61697

(3) Increases the term of any tax exemption or authorized	61698
category of tax exemptions.	61699

(4) Extends the duration of a community reinvestment area

61700

(5) Changes eligibility requirements for receiving tax	61701
exemptions.	61702

(B) For the purpose of determining the "first two amendments"	61703
in division (B) of Section 3 of Am. Sub. S.B. 19 of the 120th	61704
General Assembly, an amendment does not include any modification	61705
to an ordinance or resolution adopted under section 3735.66 of the	61706
Revised Code that does any of the following:	61707

(1) Restricts the availability of tax exemptions, including	61708
any of the following:	61709

(a) Removes area from or decreases the geographic size of a	61710
community reinvestment area.	61711

(b) Decreases a property's or category of property's exempted	61712
percentage of assessed valuation, notwithstanding the requirements	61713
of section 3735.66 of the Revised Code as that section existed on	61714
July 21, 1994. Division (B)(1)(b) of this section does not	61715
authorize a municipal corporation to decrease a property's or	61716
category of property's exempted percentage of assessed valuation	61717
pursuant to that section.	61718

(c) Decreases the term of any tax exemption or category of	61719
exemption.	61720

(d) Shortens the period of time after which the granting of	61721
tax exemptions may be terminated.	61722

(2) Recognizes or confirms the continuing existence of a	61723
community reinvestment area until a date after which the area may	61724
be terminated.	61725

(3) Recognizes or confirms a previously granted tax	61726
exemption.	61727

(4) Clarifies ambiguities or corrects defects in previously	61728
enacted ordinances or resolutions.	61729

(5) Makes modifications that are procedural or	61730
administrative, including changing the designation of a housing	61731
officer, the process for approving or appealing a tax exemption,	61732
or the amount of any application fee, or modifying a community	61733
reinvestment area housing council created under section 3735.69 of	61734
the Revised Code or a tax incentive review council under section	61735
5709.85 of the Revised Code.	61736

Sec. 3737.02. (A) The fire marshal may collect fees to cover	61737
the costs of performing inspections and other duties that the fire	61738
marshal is authorized or required by law to perform. Except as	61739
provided in division (B) of this section, all fees collected by	61740
the fire marshal shall be deposited to the credit of the fire	61741
marshal's fund.	61742

(B) All of the following shall be credited to the underground	61743
storage tank administration fund, which is hereby created in the	61744
state treasury:	61745

(1) Fees collected under sections 3737.88 and 3737.881 of the	61746
Revised Code for operation of the underground storage tank and	61747
underground storage tank installer certification programs~~, moneys~~;	61748

(2) Moneys recovered under section 3737.89 of the Revised	61749
Code for the state's costs of undertaking corrective or	61750
enforcement actions under that section or section 3737.882 of the	61751
Revised Code~~, and fines~~;	61752

(3) Fines and penalties collected under section 3737.882 of	61753
the Revised Code ~~shall be credited to the underground storage tank~~	61754
~~administration fund, which is hereby created in the state~~	61755
~~treasury. All~~;	61756

(4) Amounts repaid for underground storage tank revolving	61757
loans under section 3737.883 of the Revised Code.	61758

(C) All interest earned on moneys credited to the underground	61759
storage tank administration fund shall be credited to the fund.	61760
Moneys credited to the underground storage tank administration	61761
fund shall be used by the fire marshal for implementation and	61762
enforcement of underground storage tank, corrective action, and	61763
installer certification programs under sections 3737.88 to 3737.89	61764
of the Revised Code. Only moneys described in divisions (B)(3) and	61765
(4) of this section shall be used by the fire marshal to make	61766
underground storage tank revolving loans under section 3737.883 of	61767
the Revised Code, and no other moneys may be used to make those	61768
loans.	61769

~~(C)~~(D) The fire marshal shall take all actions necessary to	61770
obtain any federal funding available to carry out the fire	61771
marshal's responsibilities under sections 3737.88 to 3737.89 of	61772
the Revised Code and federal laws regarding the cleaning up of	61773
releases of petroleum, as "release" is defined in section 3737.87	61774
of the Revised Code, including, without limitation, any federal	61775
funds that are available to reimburse the state for the costs of	61776
undertaking corrective actions for such releases of petroleum. The	61777
state may, when appropriate, return to the United States any	61778
federal funds recovered under sections 3737.882 and 3737.89 of the	61779
Revised Code.	61780

Sec. 3737.83. The fire marshal shall, as part of the state	61781
fire code, adopt rules to:	61782

(A) Establish minimum standards of performance for fire	61783
protection equipment and fire fighting equipment;	61784

(B) Establish minimum standards of training, fix minimum	61785
qualifications, and require certificates for all persons who	61786
engage in the business for profit of installing, testing,	61787
repairing, or maintaining fire protection equipment;	61788

(C) Provide for the issuance of certificates required under	61789
division (B) of this section and establish the fees to be charged	61790
for such certificates. A certificate shall be granted, renewed, or	61791
revoked according to rules the fire marshal shall adopt.	61792

(D) Establish minimum standards of flammability for consumer	61793
goods in any case where the federal government or any department	61794
or agency thereof has established, or may from time to time	61795
establish standards of flammability for consumer goods. The	61796
standards established by the fire marshal shall be identical to	61797
the minimum federal standards.	61798

In any case where the federal government or any department or	61799
agency thereof, establishes standards of flammability for consumer	61800
goods subsequent to the adoption of a flammability standard by the	61801
fire marshal, standards previously adopted by the fire marshal	61802
shall not continue in effect to the extent such standards are not	61803
identical to the minimum federal standards.	61804

With respect to the adoption of minimum standards of	61805
flammability, this division shall supersede any authority granted	61806
a political subdivision by any other section of the Revised Code.	61807

(E) Establish minimum standards pursuant to section 5104.05	61808
of the Revised Code for fire prevention and fire safety in child	61809
day-care centers and in type A family day-care homes, as defined	61810
in section 5104.01 of the Revised Code.	61811

(F) Establish minimum standards for fire prevention and	61812
safety in a residential facility licensed under section ~~5119.22~~	61813
5119.34 of the Revised Code that provides accommodations,	61814
supervision, and personal care services for three to sixteen	61815
unrelated adults. The fire marshal shall adopt the rules under	61816
this division in consultation with the director of ~~mental health~~	61817
mental health and addiction services and interested parties	61818
designated by the director of ~~mental health~~mental health and	61819
addiction services.	61820

Sec. 3737.841. As used in this section and section 3737.842	61821
of the Revised Code:	61822

(A) "Public occupancy" means all of the following:

61823

(1) Any state correctional institution as defined in section	61824
2967.01 of the Revised Code and any county, multicounty,	61825
municipal, or municipal-county jail or workhouse;	61826

(2) Any hospital as defined in section 3727.01 of the Revised	61827
Code, any hospital licensed by the department of ~~mental health~~	61828
mental health and addiction services under section ~~5119.20~~5119.33	61829
of the Revised Code, and any institution, hospital, or other place	61830
established, controlled, or supervised by the department of ~~mental~~	61831
~~health~~mental health and addiction services under Chapter 5119. of	61832
the Revised Code;	61833

(3) Any nursing home, residential care facility, or home for	61834
the aging as defined in section 3721.01 of the Revised Code and	61835
any residential facility licensed under section ~~5119.22~~5119.34 of	61836
the Revised Code that provides accommodations, supervision, and	61837
personal care services for three to sixteen unrelated adults;	61838

(4) Any child day-care center and any type A family day-care	61839
home as defined in section 5104.01 of the Revised Code;	61840

(5) Any public auditorium or stadium;

61841

(6) Public assembly areas of hotels and motels containing	61842
more than ten articles of seating furniture.	61843

(B) "Sell" includes sell, offer or expose for sale, barter,	61844
trade, deliver, give away, rent, consign, lease, possess for sale,	61845
or dispose of in any other commercial manner.	61846

(C) Except as provided in division (D) of this section,	61847
"seating furniture" means any article of furniture, including	61848
children's furniture, that can be used as a support for an	61849
individual, or an individual's limbs or feet, when sitting or	61850
resting in an upright or reclining position and that either:	61851

(1) Is made with loose or attached cushions or pillows;

61852

(2) Is stuffed or filled in whole or in part with any filling	61853
material;	61854

(3) Is or can be stuffed or filled in whole or in part with	61855
any substance or material, concealed by fabric or any other	61856
covering.	61857

"Seating furniture" includes the cushions or pillows	61858
belonging to or forming a part of the furniture, the structural	61859
unit, and the filling material and its container or covering.	61860

(D) "Seating furniture" does not include, except if intended	61861
for use by children or in facilities designed for the care or	61862
treatment of humans, any of the following:	61863

(1) Cushions or pads intended solely for outdoor use;

61864

(2) Any article with a smooth surface that contains no more	61865
than one-half inch of filling material, if that article does not	61866
have an upholstered horizontal surface meeting an upholstered	61867
vertical surface;	61868

(3) Any article manufactured solely for recreational use or	61869
physical fitness purposes, including weight-lifting benches,	61870
gymnasium mats or pads, and sidehorses.	61871

(E) "Filling material" means cotton, wool, kapok, feathers,	61872
down, hair, liquid, or any other natural or artificial material or	61873
substance that is used or can be used as stuffing in seating	61874
furniture.	61875

Sec. 3737.88. (A)(1) The fire marshal shall have	61876
responsibility for implementation of the underground storage tank	61877
program and corrective action program for releases of petroleum	61878
from underground storage tanks established by the "Resource	61879
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	61880
6901, as amended. To implement the programs, the fire marshal may	61881
adopt, amend, and rescind such rules, conduct such inspections,	61882
require annual registration of underground storage tanks, issue	61883
such citations and orders to enforce those rules, enter into	61884
environmental covenants in accordance with sections 5301.80 to	61885
5301.92 of the Revised Code, and perform such other duties, as are	61886
consistent with those programs. The fire marshal, by rule, may	61887
delegate the authority to conduct inspections of underground	61888
storage tanks to certified fire safety inspectors.	61889

(2) In the place of any rules regarding release containment	61890
and release detection for underground storage tanks adopted under	61891
division (A)(1) of this section, the fire marshal, by rule, shall	61892
designate areas as being sensitive for the protection of human	61893
health and the environment and adopt alternative rules regarding	61894
release containment and release detection methods for new and	61895
upgraded underground storage tank systems located in those areas.	61896
In designating such areas, the fire marshal shall take into	61897
consideration such factors as soil conditions, hydrogeology, water	61898
use, and the location of public and private water supplies. Not	61899
later than July 11, 1990, the fire marshal shall file the rules	61900
required under this division with the secretary of state, director	61901
of the legislative service commission, and joint committee on	61902
agency rule review in accordance with divisions (B) and (H) of	61903
section 119.03 of the Revised Code.	61904

(3) Notwithstanding sections 3737.87 to 3737.89 of the	61905
Revised Code, a person who is not a responsible person, as	61906
determined by the fire marshal pursuant to this chapter, may	61907
conduct a voluntary action in accordance with Chapter 3746. of the	61908
Revised Code and rules adopted under it for either of the	61909
following:	61910

(a) A class C release;

61911

(b) A release, other than a class C release, that is subject	61912
to the rules adopted by the fire marshal under division (B) of	61913
section 3737.882 of the Revised Code pertaining to a corrective	61914
action, provided that both of the following apply:	61915

(i) The voluntary action also addresses hazardous substances	61916
or petroleum that is not subject to the rules adopted under	61917
division (B) of section 3737.882 of the Revised Code pertaining to	61918
a corrective action.	61919

(ii) The fire marshal has not issued an administrative order	61920
concerning the release or referred the release to the attorney	61921
general for enforcement.	61922

The director of environmental protection, pursuant to section	61923
3746.12 of the Revised Code, may issue a covenant not to sue to	61924
any person who properly completes a voluntary action with respect	61925
to any such release in accordance with Chapter 3746. of the	61926
Revised Code and rules adopted under it.	61927

(B) Before adopting any rule under this section or section	61928
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	61929
file written notice of the proposed rule with the chairperson of	61930
the state fire council, and, within sixty days after notice is	61931
filed, the council may file responses to or comments on and may	61932
recommend alternative or supplementary rules to the fire marshal.	61933
At the end of the sixty-day period or upon the filing of	61934
responses, comments, or recommendations by the council, the fire	61935
marshal may adopt the rule filed with the council or any	61936
alternative or supplementary rule recommended by the council.	61937

(C) The state fire council may recommend courses of action to	61938
be taken by the fire marshal in carrying out the fire marshal's	61939
duties under this section. The council shall file its	61940
recommendations in the office of the fire marshal, and, within	61941
sixty days after the recommendations are filed, the fire marshal	61942
shall file with the chairperson of the council comments on, and	61943
proposed action in response to, the recommendations.	61944

(D) For the purpose of sections 3737.87 to 3737.89 of the	61945
Revised Code, the fire marshal shall adopt, and may amend and	61946
rescind, rules identifying or listing hazardous substances. The	61947
rules shall be consistent with and equivalent in scope, coverage,	61948
and content to regulations identifying or listing hazardous	61949
substances adopted under the "Comprehensive Environmental	61950
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	61951
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	61952
not identify or list as a hazardous substance any hazardous waste	61953
identified or listed in rules adopted under division (A) of	61954
section 3734.12 of the Revised Code.	61955

(E) Except as provided in division (A)(3) of this section,	61956
the fire marshal shall have exclusive jurisdiction to regulate the	61957
storage, treatment, and disposal of petroleum contaminated soil	61958
generated from corrective actions undertaken in response to	61959
releases of petroleum from underground storage tank systems. The	61960
fire marshal may adopt, amend, or rescind such rules as the fire	61961
marshal considers to be necessary or appropriate to regulate the	61962
storage, treatment, or disposal of petroleum contaminated soil so	61963
generated.	61964

(F) The fire marshal shall adopt, amend, and rescind rules	61965
under sections 3737.88 to ~~3737.882~~3737.883 of the Revised Code in	61966
accordance with Chapter 119. of the Revised Code.	61967

Sec. 3737.883. (A) As used in this section, "political	61968
subdivision" has the same meaning as in section 2744.01 of the	61969
Revised Code, but includes a community improvement corporation as	61970
that term is defined in section 1724.01 of the Revised Code.	61971

(B) A political subdivision may do any of the following for	61972
an underground storage tank located within its territorial	61973
boundaries if the responsible person is not identifiable or if the	61974
state fire marshal determines that an identified responsible	61975
person is unable to pay the costs of the action to be taken by the	61976
political subdivision:	61977

(1) Initiate, continue, or properly complete the removal of	61978
an underground storage tank system;	61979

(2) Initiate, continue, or properly complete an assessment of	61980
the site of an underground storage tank or the site of an	61981
underground storage tank system;	61982

(3) Initiate, continue, or properly complete a corrective	61983
action.	61984

(C) The state fire marshal or the state fire marshal's	61985
designee shall administer an underground storage tank revolving	61986
loan program under which the state fire marshal issues loans to	61987
assist with the costs of actions described in divisions (B)(1) to	61988
(3) of this section. The state fire marshal shall issue a loan	61989
under the program to a political subdivision that meets the	61990
application requirements of division (D) of this section and	61991
agrees to written terms and conditions of the loan with the state	61992
fire marshal.	61993

(D) A political subdivision shall apply to the state fire	61994
marshal for a loan under this section on a form prescribed by the	61995
state fire marshal. In the application, the political subdivision	61996
shall do all of the following:	61997

(1) Describe the action for which it is requesting a loan;

61998

(2) State the requested loan amount;

61999

(3) Explain how the political subdivision plans to spend, of	62000
its own funds, in undertaking the action for which the loan is	62001
requested, an amount equal to at least five per cent of the	62002
requested loan amount;	62003

(4) Provide any other information requested by the state fire	62004
marshal.	62005

(E) The state fire marshal shall consult with the director of	62006
development services before issuing any loan under this section.	62007

(F) A loan issued under this section shall not carry	62008
interest. No loan issued under this section shall have a term of	62009
more than ten years. The political subdivision shall repay a loan	62010
issued under this section to the state fire marshal.	62011

(G) If, at any time after the expenditure of loan funds by a	62012
political subdivision under this section, the state fire marshal	62013
or any law enforcement agency identifies the responsible person or	62014
determines, for any reason, that the previously identified	62015
responsible person was or is able to pay the costs of the action	62016
for which the loan was issued, the political subdivision may bring	62017
any appropriate proceedings against the responsible person to	62018
recover the costs incurred by the political subdivision. The	62019
proceedings may be brought in either the court of common pleas	62020
having jurisdiction where the underground storage tank is located	62021
or the court of common pleas of Franklin county.	62022

(H)(1) The state fire marshal shall adopt and may amend and	62023
rescind rules as necessary for the administration and operation of	62024
the underground storage tank revolving loan program. The rules may	62025
do any of the following:	62026

(a) Further define the entities considered "political	62027
subdivisions" eligible to receive loans;	62028

(b) Establish qualifying criteria for loan recipients;

62029

(c) Establish criteria for awarding loans, loan amounts, loan	62030
payment terms, and permissible expenditures of loan funds,	62031
including methods that the state fire marshal may use to verify	62032
the proper use of loan funds or to obtain reimbursement for or the	62033
return of improperly used loan funds.	62034

(2) The state fire marshal may adopt and may amend and	62035
rescind rules for the issuance of emergency underground storage	62036
tank revolving loans to qualifying entities during a natural	62037
disaster or another similar event as defined in the rules.	62038

~~Sec. 3737.883.~~ Sec. 3737.884. On receipt of a notice pursuant to	62039
section 3123.43 of the Revised Code, the state fire marshal shall	62040
comply with sections 3123.41 to 3123.50 of the Revised Code and	62041
any applicable rules adopted under section 3123.63 of the Revised	62042
Code with respect to a certificate issued pursuant to section	62043
3737.34, 3737.65, 3737.83, or 3737.881 of the Revised Code.	62044

Sec. 3742.30. Each child at risk of lead poisoning shall	62045
undergo a blood lead screening test to determine whether the child	62046
has lead poisoning. The at-risk children shall undergo the test at	62047
times determined by rules the director of health shall adopt in	62048
accordance with Chapter 119. of the Revised Code that are	62049
consistent with the guidelines established by the centers for	62050
disease control and prevention in the public health service of the	62051
United States department of health and human services. The rules	62052
shall specify which children are at risk of lead poisoning.	62053

Neither this section nor the rules adopted under it affect	62054
the coverage of blood lead screening tests by any publicly funded	62055
health program, including the medicaid program ~~established by~~	62056
~~Chapter 5111. of the Revised Code~~. Neither this section nor the	62057
rules adopted under it apply to a child if a parent of the child	62058
objects to the test on the grounds that the test conflicts with	62059
the parent's religious tenets and practices.	62060

Sec. 3742.31. (A) The director of health shall establish,	62061
promote, and maintain a child lead poisoning prevention program.	62062
The program shall provide statewide coordination of screening,	62063
diagnosis, and treatment services for children under age six,	62064
including both of the following:	62065

(1) Collecting the social security numbers of all children	62066
screened, diagnosed, or treated as part of the program's case	62067
management system;	62068

(2) Disclosing to the ~~office of medical assistance in the~~	62069
department of ~~job and family services~~medicaid on at least an	62070
annual basis the identity and lead screening test results of each	62071
child screened pursuant to section 3742.30 of the Revised Code.	62072
The director shall collect and disseminate information relating to	62073
child lead poisoning and controlling lead hazards.	62074

(B) The director of health shall operate the child lead	62075
poisoning prevention program in accordance with rules adopted	62076
under section 3742.50 of the Revised Code. The director may enter	62077
into an interagency agreement with one or more other state	62078
agencies to perform one or more of the program's duties. The	62079
director shall supervise and direct an agency's performance of	62080
such a duty.	62081

Sec. 3742.32. (A) The director of health shall appoint an	62082
advisory council to assist in the ongoing development and	62083
implementation of the child lead poisoning prevention program	62084
created under section 3742.31 of the Revised Code. The advisory	62085
council shall consist of the following members:	62086

(1) A representative of the ~~office of medical assistance in~~	62087
~~the~~ department of ~~job and family services~~medicaid;	62088

(2) A representative of the bureau of child care in the	62089
department of job and family services;	62090

(3) A representative of the department of environmental	62091
protection;	62092

(4) A representative of the department of education;

62093

(5) A representative of the ~~department of~~ development	62094
services agency;	62095

(6) A representative of the Ohio apartment owner's	62096
association;	62097

(7) A representative of the Ohio help end lead poisoning	62098
coalition;	62099

(8) A representative of the Ohio environmental health	62100
association;	62101

(9) An Ohio representative of the national paint and coatings	62102
association.	62103

(B) The advisory council shall do both of the following:

62104

(1) Provide the director with advice regarding the policies	62105
the child lead poisoning prevention program should emphasize,	62106
preferred methods of financing the program, and any other matter	62107
relevant to the program's operation;	62108

(2) Submit a report of the state's activities to the	62109
governor, president of the senate, and speaker of the house of	62110
representatives on or before the first day of March each year.	62111

(C) The advisory council is not subject to sections 101.82 to	62112
101.87 of the Revised Code.	62113

Sec. 3742.51. (A) There is hereby created in the state	62114
treasury the lead poisoning prevention fund. The fund shall	62115
include all moneys appropriated to the department of health for	62116
the administration and enforcement of sections 3742.31 to 3742.50	62117
of the Revised Code and the rules adopted under those sections.	62118
Any grants, contributions, or other moneys collected by the	62119
department for purposes of preventing lead poisoning shall be	62120
deposited in the state treasury to the credit of the fund.	62121

(B) Moneys in the fund shall be used solely for the purposes	62122
of the child lead poisoning prevention program established under	62123
section 3742.31 of the Revised Code, including providing financial	62124
assistance to individuals who are unable to pay for the following:	62125

(1) Costs associated with obtaining lead tests and lead	62126
poisoning treatment for children under six years of age who are	62127
not covered by private medical insurance or are underinsured, are	62128
not eligible for the medicaid program ~~established under Chapter~~	62129
~~5111. of the Revised Code~~ or any other government health program,	62130
and do not have access to another source of funds to cover the	62131
cost of lead tests and any indicated treatments;	62132

(2) Costs associated with having lead abatement performed or	62133
having the preventive treatments specified in section 3742.41 of	62134
the Revised Code performed.	62135

Sec. 3745.11. (A) Applicants for and holders of permits,	62136
licenses, variances, plan approvals, and certifications issued by	62137
the director of environmental protection pursuant to Chapters	62138
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	62139
to the environmental protection agency for each such issuance and	62140
each application for an issuance as provided by this section. No	62141
fee shall be charged for any issuance for which no application has	62142
been submitted to the director.	62143

(B) Except as otherwise provided in division (C)(2) of this	62144
section, beginning July 1, 1994, each person who owns or operates	62145
an air contaminant source and who is required to apply for and	62146
obtain a Title V permit under section 3704.036 of the Revised Code	62147
shall pay the fees set forth in this division. For the purposes of	62148
this division, total emissions of air contaminants may be	62149
calculated using engineering calculations, emissions factors,	62150
material balance calculations, or performance testing procedures,	62151
as authorized by the director.	62152

The following fees shall be assessed on the total actual	62153
emissions from a source in tons per year of the regulated	62154
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	62155
organic compounds, and lead:	62156

(1) Fifteen dollars per ton on the total actual emissions of	62157
each such regulated pollutant during the period July through	62158
December 1993, to be collected no sooner than July 1, 1994;	62159

(2) Twenty dollars per ton on the total actual emissions of	62160
each such regulated pollutant during calendar year 1994, to be	62161
collected no sooner than April 15, 1995;	62162

(3) Twenty-five dollars per ton on the total actual emissions	62163
of each such regulated pollutant in calendar year 1995, and each	62164
subsequent calendar year, to be collected no sooner than the	62165
fifteenth day of April of the year next succeeding the calendar	62166
year in which the emissions occurred.	62167

The fees levied under this division do not apply to that	62168
portion of the emissions of a regulated pollutant at a facility	62169
that exceed four thousand tons during a calendar year.	62170

(C)(1) The fees assessed under division (B) of this section	62171
are for the purpose of providing funding for the Title V permit	62172
program.	62173

(2) The fees assessed under division (B) of this section do	62174
not apply to emissions from any electric generating unit	62175
designated as a Phase I unit under Title IV of the federal Clean	62176
Air Act prior to calendar year 2000. Those fees shall be assessed	62177
on the emissions from such a generating unit commencing in	62178
calendar year 2001 based upon the total actual emissions from the	62179
generating unit during calendar year 2000 and shall continue to be	62180
assessed each subsequent calendar year based on the total actual	62181
emissions from the generating unit during the preceding calendar	62182
year.	62183

(3) The director shall issue invoices to owners or operators	62184
of air contaminant sources who are required to pay a fee assessed	62185
under division (B) or (D) of this section. Any such invoice shall	62186
be issued no sooner than the applicable date when the fee first	62187
may be collected in a year under the applicable division, shall	62188
identify the nature and amount of the fee assessed, and shall	62189
indicate that the fee is required to be paid within thirty days	62190
after the issuance of the invoice.	62191

(D)(1) Except as provided in division (D)(3) of this section,	62192
from January 1, 1994, through December 31, 2003, each person who	62193
owns or operates an air contaminant source; who is required to	62194
apply for a permit to operate pursuant to rules adopted under	62195
division (G), or a variance pursuant to division (H), of section	62196
3704.03 of the Revised Code; and who is not required to apply for	62197
and obtain a Title V permit under section 3704.036 of the Revised	62198
Code shall pay a single fee based upon the sum of the actual	62199
annual emissions from the facility of the regulated pollutants	62200
particulate matter, sulfur dioxide, nitrogen oxides, organic	62201
compounds, and lead in accordance with the following schedule:	62202

Total tons per year		62203
of regulated pollutants	Annual fee	62204
emitted	per facility	62205
More than 0, but less than 50	$ 75	62206
50 or more, but less than 100	300	62207
100 or more	700	62208

(2) Except as provided in division (D)(3) of this section,	62209
beginning January 1, 2004, each person who owns or operates an air	62210
contaminant source; who is required to apply for a permit to	62211
operate pursuant to rules adopted under division (G), or a	62212
variance pursuant to division (H), of section 3704.03 of the	62213
Revised Code; and who is not required to apply for and obtain a	62214
Title V permit under section 3704.03 of the Revised Code shall pay	62215
a single fee based upon the sum of the actual annual emissions	62216
from the facility of the regulated pollutants particulate matter,	62217
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	62218
accordance with the following schedule:	62219

Total tons per year		62220
of regulated pollutants	Annual fee	62221
emitted	per facility	62222
More than 0, but less than 10	$ 100	62223
10 or more, but less than 50	200	62224
50 or more, but less than 100	300	62225
100 or more	700	62226

(3)(a) As used in division (D) of this section, "synthetic	62227
minor facility" means a facility for which one or more permits to	62228
install or permits to operate have been issued for the air	62229
contaminant sources at the facility that include terms and	62230
conditions that lower the facility's potential to emit air	62231
contaminants below the major source thresholds established in	62232
rules adopted under section 3704.036 of the Revised Code.	62233

(b) Beginning January 1, 2000, through June 30, ~~2014~~2016,	62234
each person who owns or operates a synthetic minor facility shall	62235
pay an annual fee based on the sum of the actual annual emissions	62236
from the facility of particulate matter, sulfur dioxide, nitrogen	62237
dioxide, organic compounds, and lead in accordance with the	62238
following schedule:	62239

Combined total tons		62240
per year of all regulated	Annual fee	62241
pollutants emitted	per facility	62242

Less than 10	$ 170	62243
10 or more, but less than 20	340	62244
20 or more, but less than 30	670	62245
30 or more, but less than 40	1,010	62246
40 or more, but less than 50	1,340	62247
50 or more, but less than 60	1,680	62248
60 or more, but less than 70	2,010	62249
70 or more, but less than 80	2,350	62250
80 or more, but less than 90	2,680	62251
90 or more, but less than 100	3,020	62252
100 or more	3,350	62253

(4) The fees assessed under division (D)(1) of this section	62254
shall be collected annually no sooner than the fifteenth day of	62255
April, commencing in 1995. The fees assessed under division (D)(2)	62256
of this section shall be collected annually no sooner than the	62257
fifteenth day of April, commencing in 2005. The fees assessed	62258
under division (D)(3) of this section shall be collected no sooner	62259
than the fifteenth day of April, commencing in 2000. The fees	62260
assessed under division (D) of this section in a calendar year	62261
shall be based upon the sum of the actual emissions of those	62262
regulated pollutants during the preceding calendar year. For the	62263
purpose of division (D) of this section, emissions of air	62264
contaminants may be calculated using engineering calculations,	62265
emission factors, material balance calculations, or performance	62266
testing procedures, as authorized by the director. The director,	62267
by rule, may require persons who are required to pay the fees	62268
assessed under division (D) of this section to pay those fees	62269
biennially rather than annually.	62270

(E)(1) Consistent with the need to cover the reasonable costs	62271
of the Title V permit program, the director annually shall	62272
increase the fees prescribed in division (B) of this section by	62273
the percentage, if any, by which the consumer price index for the	62274
most recent calendar year ending before the beginning of a year	62275
exceeds the consumer price index for calendar year 1989. Upon	62276
calculating an increase in fees authorized by division (E)(1) of	62277
this section, the director shall compile revised fee schedules for	62278
the purposes of division (B) of this section and shall make the	62279
revised schedules available to persons required to pay the fees	62280
assessed under that division and to the public.	62281

(2) For the purposes of division (E)(1) of this section:

62282

(a) The consumer price index for any year is the average of	62283
the consumer price index for all urban consumers published by the	62284
United States department of labor as of the close of the	62285
twelve-month period ending on the thirty-first day of August of	62286
that year.	62287

(b) If the 1989 consumer price index is revised, the director	62288
shall use the revision of the consumer price index that is most	62289
consistent with that for calendar year 1989.	62290

(F) Each person who is issued a permit to install pursuant to	62291
rules adopted under division (F) of section 3704.03 of the Revised	62292
Code on or after July 1, 2003, shall pay the fees specified in the	62293
following schedules:	62294

(1) Fuel-burning equipment (boilers, furnaces, or process	62295
heaters used in the process of burning fuel for the primary	62296
purpose of producing heat or power by indirect heat transfer)	62297

Input capacity (maximum)		62298
(million British thermal units per hour)	Permit to install	62299
Greater than 0, but less than 10	$ 200	62300
10 or more, but less than 100	400	62301
100 or more, but less than 300	1000	62302
300 or more, but less than 500	2250	62303
500 or more, but less than 1000	3750	62304
1000 or more, but less than 5000	6000	62305
5000 or more	9000	62306

Units burning exclusively natural gas, number two fuel oil,	62307
or both shall be assessed a fee that is one-half the applicable	62308
amount shown in division (F)(1) of this section.	62309

(2) Combustion turbines and stationary internal combustion	62310
engines designed to generate electricity	62311

Generating capacity (mega watts)	Permit to install	62312
0 or more, but less than 10	$ 25	62313
10 or more, but less than 25	150	62314
25 or more, but less than 50	300	62315
50 or more, but less than 100	500	62316
100 or more, but less than 250	1000	62317
250 or more	2000	62318

(3) Incinerators

62319

Input capacity (pounds per hour)	Permit to install	62320
0 to 100	$ 100	62321
101 to 500	500	62322
501 to 2000	1000	62323
2001 to 20,000	1500	62324
more than 20,000	3750	62325

(4)(a) Process

62326

Process weight rate (pounds per hour)	Permit to install	62327
0 to 1000	$ 200	62328
1001 to 5000	500	62329
5001 to 10,000	750	62330
10,001 to 50,000	1000	62331
more than 50,000	1250	62332

In any process where process weight rate cannot be	62333
ascertained, the minimum fee shall be assessed. A boiler, furnace,	62334
combustion turbine, stationary internal combustion engine, or	62335
process heater designed to provide direct heat or power to a	62336
process not designed to generate electricity shall be assessed a	62337
fee established in division (F)(4)(a) of this section. A	62338
combustion turbine or stationary internal combustion engine	62339
designed to generate electricity shall be assessed a fee	62340
established in division (F)(2) of this section.	62341

(b) Notwithstanding division (F)(4)(a) of this section, any	62342
person issued a permit to install pursuant to rules adopted under	62343
division (F) of section 3704.03 of the Revised Code shall pay the	62344
fees set forth in division (F)(4)(c) of this section for a process	62345
used in any of the following industries, as identified by the	62346
applicable two-digit, three-digit, or four-digit standard	62347
industrial classification code according to the Standard	62348
Industrial Classification Manual published by the United States	62349
office of management and budget in the executive office of the	62350
president, 1987, as revised:	62351

Major group 10, metal mining;

62352

Major group 12, coal mining;

62353

Major group 14, mining and quarrying of nonmetallic minerals;

62354

Industry group 204, grain mill products;

62355

2873 Nitrogen fertilizers;

62356

2874 Phosphatic fertilizers;

62357

3281 Cut stone and stone products;

62358

3295 Minerals and earth, ground or otherwise treated;

62359

4221 Grain elevators (storage only);

62360

5159 Farm related raw materials;

62361

5261 Retail nurseries and lawn and garden supply stores.

62362

(c) The fees set forth in the following schedule apply to the	62363
issuance of a permit to install pursuant to rules adopted under	62364
division (F) of section 3704.03 of the Revised Code for a process	62365
identified in division (F)(4)(b) of this section:	62366

Process weight rate (pounds per hour)	Permit to install	62367
0 to 10,000	$ 200	62368
10,001 to 50,000	400	62369
50,001 to 100,000	500	62370
100,001 to 200,000	600	62371
200,001 to 400,000	750	62372
400,001 or more	900	62373

(5) Storage tanks

62374

Gallons (maximum useful capacity)	Permit to install	62375
0 to 20,000	$ 100	62376
20,001 to 40,000	150	62377
40,001 to 100,000	250	62378
100,001 to 500,000	400	62379
500,001 or greater	750	62380

(6) Gasoline/fuel dispensing facilities

62381

For each gasoline/fuel		62382
dispensing facility (includes all	Permit to install	62383
units at the facility)	$ 100	62384

(7) Dry cleaning facilities

62385

For each dry cleaning		62386
facility (includes all units	Permit to install	62387
at the facility)	$ 100	62388

(8) Registration status

62389

For each source covered			Permit to install			62390
by registration status			$ 75			62391

(G) An owner or operator who is responsible for an asbestos	62392
demolition or renovation project pursuant to rules adopted under	62393
section 3704.03 of the Revised Code shall pay the fees set forth	62394
in the following schedule:	62395

Action	Fee	62396
Each notification	$75	62397
Asbestos removal	$3/unit	62398
Asbestos cleanup	$4/cubic yard	62399

For purposes of this division, "unit" means any combination of	62400
linear feet or square feet equal to fifty.	62401

(H) A person who is issued an extension of time for a permit	62402
to install an air contaminant source pursuant to rules adopted	62403
under division (F) of section 3704.03 of the Revised Code shall	62404
pay a fee equal to one-half the fee originally assessed for the	62405
permit to install under this section, except that the fee for such	62406
an extension shall not exceed two hundred dollars.	62407

(I) A person who is issued a modification to a permit to	62408
install an air contaminant source pursuant to rules adopted under	62409
section 3704.03 of the Revised Code shall pay a fee equal to	62410
one-half of the fee that would be assessed under this section to	62411
obtain a permit to install the source. The fee assessed by this	62412
division only applies to modifications that are initiated by the	62413
owner or operator of the source and shall not exceed two thousand	62414
dollars.	62415

(J) Notwithstanding division (F) of this section, a person	62416
who applies for or obtains a permit to install pursuant to rules	62417
adopted under division (F) of section 3704.03 of the Revised Code	62418
after the date actual construction of the source began shall pay a	62419
fee for the permit to install that is equal to twice the fee that	62420
otherwise would be assessed under the applicable division unless	62421
the applicant received authorization to begin construction under	62422
division (W) of section 3704.03 of the Revised Code. This division	62423
only applies to sources for which actual construction of the	62424
source begins on or after July 1, 1993. The imposition or payment	62425
of the fee established in this division does not preclude the	62426
director from taking any administrative or judicial enforcement	62427
action under this chapter, Chapter 3704., 3714., 3734., or 6111.	62428
of the Revised Code, or a rule adopted under any of them, in	62429
connection with a violation of rules adopted under division (F) of	62430
section 3704.03 of the Revised Code.	62431

As used in this division, "actual construction of the source"	62432
means the initiation of physical on-site construction activities	62433
in connection with improvements to the source that are permanent	62434
in nature, including, without limitation, the installation of	62435
building supports and foundations and the laying of underground	62436
pipework.	62437

(K)(1) Money received under division (B) of this section	62438
shall be deposited in the state treasury to the credit of the	62439
Title V clean air fund created in section 3704.035 of the Revised	62440
Code. Annually, fifty cents per ton of each fee assessed under	62441
division (B) of this section on actual emissions from a source and	62442
received by the environmental protection agency pursuant to that	62443
division shall be transferred using an interstate transfer voucher	62444
to the state treasury to the credit of the small business	62445
assistance fund created in section 3706.19 of the Revised Code. In	62446
addition, annually, the amount of money necessary for the	62447
operation of the office of ombudsperson as determined under	62448
division (B) of that section shall be transferred to the state	62449
treasury to the credit of the small business ombudsperson fund	62450
created by that section.	62451

(2) Money received by the agency pursuant to divisions (D),	62452
(F), (G), (H), (I), and (J) of this section shall be deposited in	62453
the state treasury to the credit of the non-Title V clean air fund	62454
created in section 3704.035 of the Revised Code.	62455

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	62456
or (c) of this section, a person issued a water discharge permit	62457
or renewal of a water discharge permit pursuant to Chapter 6111.	62458
of the Revised Code shall pay a fee based on each point source to	62459
which the issuance is applicable in accordance with the following	62460
schedule:	62461

Design flow discharge (gallons per day)	Fee	62462
0 to 1000	$ 0	62463
1,001 to 5000	100	62464
5,001 to 50,000	200	62465
50,001 to 100,000	300	62466
100,001 to 300,000	525	62467
over 300,000	750	62468

(b) Notwithstanding the fee schedule specified in division	62469
(L)(1)(a) of this section, the fee for a water discharge permit	62470
that is applicable to coal mining operations regulated under	62471
Chapter 1513. of the Revised Code shall be two hundred fifty	62472
dollars per mine.	62473

(c) Notwithstanding the fee schedule specified in division	62474
(L)(1)(a) of this section, the fee for a water discharge permit	62475
for a public discharger identified by I in the third character of	62476
the permittee's NPDES permit number shall not exceed seven hundred	62477
fifty dollars.	62478

(2) A person applying for a plan approval for a wastewater	62479
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	62480
of the Revised Code shall pay a fee of one hundred dollars plus	62481
sixty-five one-hundredths of one per cent of the estimated project	62482
cost through June 30, ~~2014~~2016, and one hundred dollars plus	62483
two-tenths of one per cent of the estimated project cost on and	62484
after July 1, ~~2014~~2016, except that the total fee shall not	62485
exceed fifteen thousand dollars through June 30, ~~2014~~2016, and	62486
five thousand dollars on and after July 1, ~~2014~~2016. The fee	62487
shall be paid at the time the application is submitted.	62488

(3) A person issued a modification of a water discharge	62489
permit shall pay a fee equal to one-half the fee that otherwise	62490
would be charged for a water discharge permit, except that the fee	62491
for the modification shall not exceed four hundred dollars.	62492

(4) A person who has entered into an agreement with the	62493
director under section 6111.14 of the Revised Code shall pay an	62494
administrative service fee for each plan submitted under that	62495
section for approval that shall not exceed the minimum amount	62496
necessary to pay administrative costs directly attributable to	62497
processing plan approvals. The director annually shall calculate	62498
the fee and shall notify all persons who have entered into	62499
agreements under that section, or who have applied for agreements,	62500
of the amount of the fee.	62501

(5)(a)(i) Not later than January 30, ~~2012~~2014, and January	62502
30, ~~2013~~2015, a person holding an NPDES discharge permit issued	62503
pursuant to Chapter 6111. of the Revised Code with an average	62504
daily discharge flow of five thousand gallons or more shall pay a	62505
nonrefundable annual discharge fee. Any person who fails to pay	62506
the fee at that time shall pay an additional amount that equals	62507
ten per cent of the required annual discharge fee.	62508

(ii) The billing year for the annual discharge fee	62509
established in division (L)(5)(a)(i) of this section shall consist	62510
of a twelve-month period beginning on the first day of January of	62511
the year preceding the date when the annual discharge fee is due.	62512
In the case of an existing source that permanently ceases to	62513
discharge during a billing year, the director shall reduce the	62514
annual discharge fee, including the surcharge applicable to	62515
certain industrial facilities pursuant to division (L)(5)(c) of	62516
this section, by one-twelfth for each full month during the	62517
billing year that the source was not discharging, but only if the	62518
person holding the NPDES discharge permit for the source notifies	62519
the director in writing, not later than the first day of October	62520
of the billing year, of the circumstances causing the cessation of	62521
discharge.	62522

(iii) The annual discharge fee established in division	62523
(L)(5)(a)(i) of this section, except for the surcharge applicable	62524
to certain industrial facilities pursuant to division (L)(5)(c) of	62525
this section, shall be based upon the average daily discharge flow	62526
in gallons per day calculated using first day of May through	62527
thirty-first day of October flow data for the period two years	62528
prior to the date on which the fee is due. In the case of NPDES	62529
discharge permits for new sources, the fee shall be calculated	62530
using the average daily design flow of the facility until actual	62531
average daily discharge flow values are available for the time	62532
period specified in division (L)(5)(a)(iii) of this section. The	62533
annual discharge fee may be prorated for a new source as described	62534
in division (L)(5)(a)(ii) of this section.	62535

(b) An NPDES permit holder that is a public discharger shall	62536
pay the fee specified in the following schedule:	62537

Average daily	Fee due by	62538
discharge flow	January 30,	62539
	~~2012~~ 2014, and	62540
	January 30, ~~2013~~ 2015	62541

5,000 to 49,999	$ 200	62542
50,000 to 100,000	500	62543
100,001 to 250,000	1,050	62544
250,001 to 1,000,000	2,600	62545
1,000,001 to 5,000,000	5,200	62546
5,000,001 to 10,000,000	10,350	62547
10,000,001 to 20,000,000	15,550	62548
20,000,001 to 50,000,000	25,900	62549
50,000,001 to 100,000,000	41,400	62550
100,000,001 or more	62,100	62551

Public dischargers owning or operating two or more publicly	62552
owned treatment works serving the same political subdivision, as	62553
"treatment works" is defined in section 6111.01 of the Revised	62554
Code, and that serve exclusively political subdivisions having a	62555
population of fewer than one hundred thousand shall pay an annual	62556
discharge fee under division (L)(5)(b) of this section that is	62557
based on the combined average daily discharge flow of the	62558
treatment works.	62559

(c) An NPDES permit holder that is an industrial discharger,	62560
other than a coal mining operator identified by P in the third	62561
character of the permittee's NPDES permit number, shall pay the	62562
fee specified in the following schedule:	62563

Average daily	Fee due by	62564
discharge flow	January 30,	62565
	~~2012~~ 2014, and	62566
	January 30, ~~2013~~ 2015	62567

5,000 to 49,999	$ 250	62568
50,000 to 250,000	1,200	62569
250,001 to 1,000,000	2,950	62570
1,000,001 to 5,000,000	5,850	62571
5,000,001 to 10,000,000	8,800	62572
10,000,001 to 20,000,000	11,700	62573
20,000,001 to 100,000,000	14,050	62574
100,000,001 to 250,000,000	16,400	62575
250,000,001 or more	18,700	62576

In addition to the fee specified in the above schedule, an	62577
NPDES permit holder that is an industrial discharger classified as	62578
a major discharger during all or part of the annual discharge fee	62579
billing year specified in division (L)(5)(a)(ii) of this section	62580
shall pay a nonrefundable annual surcharge of seven thousand five	62581
hundred dollars not later than January 30, ~~2012~~2014, and not	62582
later than January 30, ~~2013~~2015. Any person who fails to pay the	62583
surcharge at that time shall pay an additional amount that equals	62584
ten per cent of the amount of the surcharge.	62585

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	62586
section, a public discharger identified by I in the third	62587
character of the permittee's NPDES permit number and an industrial	62588
discharger identified by I, J, L, V, W, X, Y, or Z in the third	62589
character of the permittee's NPDES permit number shall pay a	62590
nonrefundable annual discharge fee of one hundred eighty dollars	62591
not later than January 30, ~~2012~~2014, and not later than January	62592
30, ~~2013~~2015. Any person who fails to pay the fee at that time	62593
shall pay an additional amount that equals ten per cent of the	62594
required fee.	62595

(6) Each person obtaining a national pollutant discharge	62596
elimination system general or individual permit for municipal	62597
storm water discharge shall pay a nonrefundable storm water	62598
discharge fee of one hundred dollars per square mile of area	62599
permitted. The fee shall not exceed ten thousand dollars and shall	62600
be payable on or before January 30, 2004, and the thirtieth day of	62601
January of each year thereafter. Any person who fails to pay the	62602
fee on the date specified in division (L)(6) of this section shall	62603
pay an additional amount per year equal to ten per cent of the	62604
annual fee that is unpaid.	62605

(7) The director shall transmit all moneys collected under	62606
division (L) of this section to the treasurer of state for deposit	62607
into the state treasury to the credit of the surface water	62608
protection fund created in section 6111.038 of the Revised Code.	62609

(8) As used in division (L) of this section:

62610

(a) "NPDES" means the federally approved national pollutant	62611
discharge elimination system program for issuing, modifying,	62612
revoking, reissuing, terminating, monitoring, and enforcing	62613
permits and imposing and enforcing pretreatment requirements under	62614
Chapter 6111. of the Revised Code and rules adopted under it.	62615

(b) "Public discharger" means any holder of an NPDES permit	62616
identified by P in the second character of the NPDES permit number	62617
assigned by the director.	62618

(c) "Industrial discharger" means any holder of an NPDES	62619
permit identified by I in the second character of the NPDES permit	62620
number assigned by the director.	62621

(d) "Major discharger" means any holder of an NPDES permit	62622
classified as major by the regional administrator of the United	62623
States environmental protection agency in conjunction with the	62624
director.	62625

(M) Through June 30, ~~2014~~2016, a person applying for a	62626
license or license renewal to operate a public water system under	62627
section 6109.21 of the Revised Code shall pay the appropriate fee	62628
established under this division at the time of application to the	62629
director. Any person who fails to pay the fee at that time shall	62630
pay an additional amount that equals ten per cent of the required	62631
fee. The director shall transmit all moneys collected under this	62632
division to the treasurer of state for deposit into the drinking	62633
water protection fund created in section 6109.30 of the Revised	62634
Code.	62635

Except as provided in ~~division~~divisions (M)(4) and (5) of	62636
this section, fees required under this division shall be	62637
calculated and paid in accordance with the following schedule:	62638

(1) For the initial license required under section 6109.21 of	62639
the Revised Code for any public water system that is a community	62640
water system as defined in section 6109.01 of the Revised Code,	62641
and for each license renewal required for such a system prior to	62642
January 31, ~~2014~~2016, the fee is:	62643

Number of service connections		Fee amount	62644
	Not more than 49	$ 112	62645
	50 to 99	176	62646

Number of service connections		Average cost per connection	62647
	100 to 2,499	$ 1.92	62648
	2,500 to 4,999	1.48	62649
	5,000 to 7,499	1.42	62650
	7,500 to 9,999	1.34	62651
	10,000 to 14,999	1.16	62652
	15,000 to 24,999	1.10	62653
	25,000 to 49,999	1.04	62654
	50,000 to 99,999	.92	62655
	100,000 to 149,999	.86	62656
	150,000 to 199,999	.80	62657
	200,000 or more	.76	62658

A public water system may determine how it will pay the total	62659
amount of the fee calculated under division (M)(1) of this	62660
section, including the assessment of additional user fees that may	62661
be assessed on a volumetric basis.	62662

As used in division (M)(1) of this section, "service	62663
connection" means the number of active or inactive pipes,	62664
goosenecks, pigtails, and any other fittings connecting a water	62665
main to any building outlet.	62666

(2) For the initial license required under section 6109.21 of	62667
the Revised Code for any public water system that is not a	62668
community water system and serves a nontransient population, and	62669
for each license renewal required for such a system prior to	62670
January 31, ~~2014~~2016, the fee is:	62671

Population served	Fee amount	62672
Fewer than 150	$ 112	62673
150 to 299	176	62674
300 to 749	384	62675
750 to 1,499	628	62676
1,500 to 2,999	1,268	62677
3,000 to 7,499	2,816	62678
7,500 to 14,999	5,510	62679
15,000 to 22,499	9,048	62680
22,500 to 29,999	12,430	62681
30,000 or more	16,820	62682

As used in division (M)(2) of this section, "population	62683
served" means the total number of individuals having access to the	62684
water supply during a twenty-four-hour period for at least sixty	62685
days during any calendar year. In the absence of a specific	62686
population count, that number shall be calculated at the rate of	62687
three individuals per service connection.	62688

(3) For the initial license required under section 6109.21 of	62689
the Revised Code for any public water system that is not a	62690
community water system and serves a transient population, and for	62691
each license renewal required for such a system prior to January	62692
31, ~~2014~~2016, the fee is:	62693

Number of wells or sources, other than surface water, supplying system		Fee amount	62694
	1	$112	62695
	2	112	62696
	3	176	62697
	4	278	62698
	5	568	62699
	System designated as using a		62700
	surface water source	792	62701

As used in division (M)(3) of this section, "number of wells	62702
or sources, other than surface water, supplying system" means	62703
those wells or sources that are physically connected to the	62704
plumbing system serving the public water system.	62705

(4) A public water system designated as using a surface water	62706
source shall pay a fee of seven hundred ninety-two dollars or the	62707
amount calculated under division (M)(1) or (2) of this section,	62708
whichever is greater.	62709

(5) An applicant for an initial license who is proposing to	62710
operate a new public water supply system shall submit a fee that	62711
equals a prorated amount of the appropriate fee for the remainder	62712
of the licensing year.	62713

(N)(1) A person applying for a plan approval for a public	62714
water supply system under section 6109.07 of the Revised Code	62715
shall pay a fee of one hundred fifty dollars plus thirty-five	62716
hundredths of one per cent of the estimated project cost, except	62717
that the total fee shall not exceed twenty thousand dollars	62718
through June 30, ~~2014~~2016, and fifteen thousand dollars on and	62719
after July 1, ~~2014~~2016. The fee shall be paid at the time the	62720
application is submitted.	62721

(2) A person who has entered into an agreement with the	62722
director under division (A)(2) of section 6109.07 of the Revised	62723
Code shall pay an administrative service fee for each plan	62724
submitted under that section for approval that shall not exceed	62725
the minimum amount necessary to pay administrative costs directly	62726
attributable to processing plan approvals. The director annually	62727
shall calculate the fee and shall notify all persons that have	62728
entered into agreements under that division, or who have applied	62729
for agreements, of the amount of the fee.	62730

(3) Through June 30, ~~2014~~2016, the following fee, on a per	62731
survey basis, shall be charged any person for services rendered by	62732
the state in the evaluation of laboratories and laboratory	62733
personnel for compliance with accepted analytical techniques and	62734
procedures established pursuant to Chapter 6109. of the Revised	62735
Code for determining the qualitative characteristics of water:	62736

microbiological			62737
	MMO-MUG	$2,000	62738
	MF	2,100	62739
	MMO-MUG and MF	2,550	62740
organic chemical		5,400	62741
trace metals		5,400	62742
standard chemistry		2,800	62743
limited chemistry		1,550	62744

On and after July 1, ~~2014~~2016, the following fee, on a per	62745
survey basis, shall be charged any such person:	62746

microbiological	$ 1,650	62747
organic chemicals	3,500	62748
trace metals	3,500	62749
standard chemistry	1,800	62750
limited chemistry	1,000	62751

The fee for those services shall be paid at the time the request	62752
for the survey is made. Through June 30, ~~2014~~ 2016, an individual	62753
laboratory shall not be assessed a fee under this division more	62754
than once in any three-year period unless the person requests the	62755
addition of analytical methods or analysts, in which case the	62756
person shall pay eighteen hundred dollars for each additional	62757
survey requested.	62758

As used in division (N)(3) of this section:

62759

(a) "MF" means microfiltration.

62760

(b) "MMO" means minimal medium ONPG.

62761

62762

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

62763

The director shall transmit all moneys collected under this	62764
division to the treasurer of state for deposit into the drinking	62765
water protection fund created in section 6109.30 of the Revised	62766
Code.	62767

(O) Any person applying to the director to take an	62768
examination for certification as an operator of a water supply	62769
system or wastewater system under Chapter 6109. or 6111. of the	62770
Revised Code that is administered by the director, at the time the	62771
application is submitted, shall pay a fee in accordance with the	62772
following schedule through November 30, ~~2014~~2016:	62773

Class A operator	$ 80	62774
Class I operator	105	62775
Class II operator	120	62776
Class III operator	130	62777
Class IV operator	145	62778

On and after December 1, ~~2014~~2016, the applicant shall pay a	62779
fee in accordance with the following schedule:	62780

Class A operator	$ 50	62781
Class I operator	70	62782
Class II operator	80	62783
Class III operator	90	62784
Class IV operator	100	62785

Any person applying to the director for certification as an	62786
operator of a water supply system or wastewater system who has	62787
passed an examination administered by an examination provider	62788
approved by the director shall pay a certification fee of	62789
forty-five dollars.	62790

A person shall pay a biennial certification renewal fee for	62791
each applicable class of certification in accordance with the	62792
following schedule:	62793

Class A operator	$25	62794
Class I operator	35	62795
Class II operator	45	62796
Class III operator	55	62797
Class IV operator	65	62798

If a certification renewal fee is received by the director	62799
more than thirty days, but not more than one year after the	62800
expiration date of the certification, the person shall pay a	62801
certification renewal fee in accordance with the following	62802
schedule:	62803

Class A operator	$45	62804
Class I operator	55	62805
Class II operator	65	62806
Class III operator	75	62807
Class IV operator	85	62808

A person who requests a replacement certificate shall pay a	62809
fee of twenty-five dollars at the time the request is made.	62810

Any person applying to be a water supply system or wastewater	62811
treatment system examination provider shall pay an application fee	62812
of five hundred dollars. Any person approved by the director as a	62813
water supply system or wastewater treatment system examination	62814
provider shall pay an annual fee that is equal to ten per cent of	62815
the fees that the provider assesses and collects for administering	62816
water supply system or wastewater treatment system certification	62817
examinations in this state for the calendar year. The fee shall be	62818
paid not later than forty-five days after the end of a calendar	62819
year.	62820

The director shall transmit all moneys collected under this	62821
division to the treasurer of state for deposit into the drinking	62822
water protection fund created in section 6109.30 of the Revised	62823
Code.	62824

(P) Any person submitting an application for an industrial	62825
water pollution control certificate under section 6111.31 of the	62826
Revised Code, as that section existed before its repeal by H.B. 95	62827
of the 125th general assembly, shall pay a nonrefundable fee of	62828
five hundred dollars at the time the application is submitted. The	62829
director shall transmit all moneys collected under this division	62830
to the treasurer of state for deposit into the surface water	62831
protection fund created in section 6111.038 of the Revised Code. A	62832
person paying a certificate fee under this division shall not pay	62833
an application fee under division (S)(1) of this section. On and	62834
after June 26, 2003, persons shall file such applications and pay	62835
the fee as required under sections 5709.20 to 5709.27 of the	62836
Revised Code, and proceeds from the fee shall be credited as	62837
provided in section 5709.212 of the Revised Code.	62838

(Q) Except as otherwise provided in division (R) of this	62839
section, a person issued a permit by the director for a new solid	62840
waste disposal facility other than an incineration or composting	62841
facility, a new infectious waste treatment facility other than an	62842
incineration facility, or a modification of such an existing	62843
facility that includes an increase in the total disposal or	62844
treatment capacity of the facility pursuant to Chapter 3734. of	62845
the Revised Code shall pay a fee of ten dollars per thousand cubic	62846
yards of disposal or treatment capacity, or one thousand dollars,	62847
whichever is greater, except that the total fee for any such	62848
permit shall not exceed eighty thousand dollars. A person issued a	62849
modification of a permit for a solid waste disposal facility or an	62850
infectious waste treatment facility that does not involve an	62851
increase in the total disposal or treatment capacity of the	62852
facility shall pay a fee of one thousand dollars. A person issued	62853
a permit to install a new, or modify an existing, solid waste	62854
transfer facility under that chapter shall pay a fee of two	62855
thousand five hundred dollars. A person issued a permit to install	62856
a new or to modify an existing solid waste incineration or	62857
composting facility, or an existing infectious waste treatment	62858
facility using incineration as its principal method of treatment,	62859
under that chapter shall pay a fee of one thousand dollars. The	62860
increases in the permit fees under this division resulting from	62861
the amendments made by Amended Substitute House Bill 592 of the	62862
117th general assembly do not apply to any person who submitted an	62863
application for a permit to install a new, or modify an existing,	62864
solid waste disposal facility under that chapter prior to	62865
September 1, 1987; any such person shall pay the permit fee	62866
established in this division as it existed prior to June 24, 1988.	62867
In addition to the applicable permit fee under this division, a	62868
person issued a permit to install or modify a solid waste facility	62869
or an infectious waste treatment facility under that chapter who	62870
fails to pay the permit fee to the director in compliance with	62871
division (V) of this section shall pay an additional ten per cent	62872
of the amount of the fee for each week that the permit fee is	62873
late.	62874

Permit and late payment fees paid to the director under this	62875
division shall be credited to the general revenue fund.	62876

(R)(1) A person issued a registration certificate for a scrap	62877
tire collection facility under section 3734.75 of the Revised Code	62878
shall pay a fee of two hundred dollars, except that if the	62879
facility is owned or operated by a motor vehicle salvage dealer	62880
licensed under Chapter 4738. of the Revised Code, the person shall	62881
pay a fee of twenty-five dollars.	62882

(2) A person issued a registration certificate for a new	62883
scrap tire storage facility under section 3734.76 of the Revised	62884
Code shall pay a fee of three hundred dollars, except that if the	62885
facility is owned or operated by a motor vehicle salvage dealer	62886
licensed under Chapter 4738. of the Revised Code, the person shall	62887
pay a fee of twenty-five dollars.	62888

(3) A person issued a permit for a scrap tire storage	62889
facility under section 3734.76 of the Revised Code shall pay a fee	62890
of one thousand dollars, except that if the facility is owned or	62891
operated by a motor vehicle salvage dealer licensed under Chapter	62892
4738. of the Revised Code, the person shall pay a fee of fifty	62893
dollars.	62894

(4) A person issued a permit for a scrap tire monocell or	62895
monofill facility under section 3734.77 of the Revised Code shall	62896
pay a fee of ten dollars per thousand cubic yards of disposal	62897
capacity or one thousand dollars, whichever is greater, except	62898
that the total fee for any such permit shall not exceed eighty	62899
thousand dollars.	62900

(5) A person issued a registration certificate for a scrap	62901
tire recovery facility under section 3734.78 of the Revised Code	62902
shall pay a fee of one hundred dollars.	62903

(6) A person issued a permit for a scrap tire recovery	62904
facility under section 3734.78 of the Revised Code shall pay a fee	62905
of one thousand dollars.	62906

(7) In addition to the applicable registration certificate or	62907
permit fee under divisions (R)(1) to (6) of this section, a person	62908
issued a registration certificate or permit for any such scrap	62909
tire facility who fails to pay the registration certificate or	62910
permit fee to the director in compliance with division (V) of this	62911
section shall pay an additional ten per cent of the amount of the	62912
fee for each week that the fee is late.	62913

(8) The registration certificate, permit, and late payment	62914
fees paid to the director under divisions (R)(1) to (7) of this	62915
section shall be credited to the scrap tire management fund	62916
created in section 3734.82 of the Revised Code.	62917

(S)(1) Except as provided by divisions (L), (M), (N), (O),	62918
(P), and (S)(2) of this section, division (A)(2) of section	62919
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	62920
and rules adopted under division (T)(1) of this section, any	62921
person applying for a registration certificate under section	62922
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	62923
variance, or plan approval under Chapter 3734. of the Revised Code	62924
shall pay a nonrefundable fee of fifteen dollars at the time the	62925
application is submitted.	62926

Except as otherwise provided, any person applying for a	62927
permit, variance, or plan approval under Chapter 6109. or 6111. of	62928
the Revised Code shall pay a nonrefundable fee of one hundred	62929
dollars at the time the application is submitted through June 30,	62930
~~2014~~2016, and a nonrefundable fee of fifteen dollars at the time	62931
the application is submitted on and after July 1, ~~2014~~2016.	62932
Except as provided in division (S)(3) of this section, through	62933
June 30, ~~2014~~2016, any person applying for a national pollutant	62934
discharge elimination system permit under Chapter 6111. of the	62935
Revised Code shall pay a nonrefundable fee of two hundred dollars	62936
at the time of application for the permit. On and after July 1,	62937
~~2014~~2016, such a person shall pay a nonrefundable fee of fifteen	62938
dollars at the time of application.	62939

In addition to the application fee established under division	62940
(S)(1) of this section, any person applying for a national	62941
pollutant discharge elimination system general storm water	62942
construction permit shall pay a nonrefundable fee of twenty	62943
dollars per acre for each acre that is permitted above five acres	62944
at the time the application is submitted. However, the per acreage	62945
fee shall not exceed three hundred dollars. In addition, any	62946
person applying for a national pollutant discharge elimination	62947
system general storm water industrial permit shall pay a	62948
nonrefundable fee of one hundred fifty dollars at the time the	62949
application is submitted.	62950

The director shall transmit all moneys collected under	62951
division (S)(1) of this section pursuant to Chapter 6109. of the	62952
Revised Code to the treasurer of state for deposit into the	62953
drinking water protection fund created in section 6109.30 of the	62954
Revised Code.	62955

The director shall transmit all moneys collected under	62956
division (S)(1) of this section pursuant to Chapter 6111. of the	62957
Revised Code and under division (S)(3) of this section to the	62958
treasurer of state for deposit into the surface water protection	62959
fund created in section 6111.038 of the Revised Code.	62960

If a registration certificate is issued under section	62961
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	62962
the application fee paid shall be deducted from the amount of the	62963
registration certificate fee due under division (R)(1), (2), or	62964
(5) of this section, as applicable.	62965

If a person submits an electronic application for a	62966
registration certificate, permit, variance, or plan approval for	62967
which an application fee is established under division (S)(1) of	62968
this section, the person shall pay the applicable application fee	62969
as expeditiously as possible after the submission of the	62970
electronic application. An application for a registration	62971
certificate, permit, variance, or plan approval for which an	62972
application fee is established under division (S)(1) of this	62973
section shall not be reviewed or processed until the applicable	62974
application fee, and any other fees established under this	62975
division, are paid.	62976

(2) Division (S)(1) of this section does not apply to an	62977
application for a registration certificate for a scrap tire	62978
collection or storage facility submitted under section 3734.75 or	62979
3734.76 of the Revised Code, as applicable, if the owner or	62980
operator of the facility or proposed facility is a motor vehicle	62981
salvage dealer licensed under Chapter 4738. of the Revised Code.	62982

(3) A person applying for coverage under a national pollutant	62983
discharge elimination system general discharge permit for	62984
household sewage treatment systems shall pay the following fees:	62985

(a) A nonrefundable fee of two hundred dollars at the time of	62986
application for initial permit coverage;	62987

(b) A nonrefundable fee of one hundred dollars at the time of	62988
application for a renewal of permit coverage.	62989

(T) The director may adopt, amend, and rescind rules in	62990
accordance with Chapter 119. of the Revised Code that do all of	62991
the following:	62992

(1) Prescribe fees to be paid by applicants for and holders	62993
of any license, permit, variance, plan approval, or certification	62994
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	62995
the Revised Code that are not specifically established in this	62996
section. The fees shall be designed to defray the cost of	62997
processing, issuing, revoking, modifying, denying, and enforcing	62998
the licenses, permits, variances, plan approvals, and	62999
certifications.	63000

The director shall transmit all moneys collected under rules	63001
adopted under division (T)(1) of this section pursuant to Chapter	63002
6109. of the Revised Code to the treasurer of state for deposit	63003
into the drinking water protection fund created in section 6109.30	63004
of the Revised Code.	63005

The director shall transmit all moneys collected under rules	63006
adopted under division (T)(1) of this section pursuant to Chapter	63007
6111. of the Revised Code to the treasurer of state for deposit	63008
into the surface water protection fund created in section 6111.038	63009
of the Revised Code.	63010

(2) Exempt the state and political subdivisions thereof,	63011
including education facilities or medical facilities owned by the	63012
state or a political subdivision, or any person exempted from	63013
taxation by section 5709.07 or 5709.12 of the Revised Code, from	63014
any fee required by this section;	63015

(3) Provide for the waiver of any fee, or any part thereof,	63016
otherwise required by this section whenever the director	63017
determines that the imposition of the fee would constitute an	63018
unreasonable cost of doing business for any applicant, class of	63019
applicants, or other person subject to the fee;	63020

(4) Prescribe measures that the director considers necessary	63021
to carry out this section.	63022

(U) When the director reasonably demonstrates that the direct	63023
cost to the state associated with the issuance of a permit to	63024
install, license, variance, plan approval, or certification	63025
exceeds the fee for the issuance or review specified by this	63026
section, the director may condition the issuance or review on the	63027
payment by the person receiving the issuance or review of, in	63028
addition to the fee specified by this section, the amount, or any	63029
portion thereof, in excess of the fee specified under this	63030
section. The director shall not so condition issuances for which a	63031
fee is prescribed in division (L)(1)(b) of this section.	63032

(V) Except as provided in divisions (L), (M), and (P) of this	63033
section or unless otherwise prescribed by a rule of the director	63034
adopted pursuant to Chapter 119. of the Revised Code, all fees	63035
required by this section are payable within thirty days after the	63036
issuance of an invoice for the fee by the director or the	63037
effective date of the issuance of the license, permit, variance,	63038
plan approval, or certification. If payment is late, the person	63039
responsible for payment of the fee shall pay an additional ten per	63040
cent of the amount due for each month that it is late.	63041

(W) As used in this section, "fuel-burning equipment,"	63042
"fuel-burning equipment input capacity," "incinerator,"	63043
"incinerator input capacity," "process," "process weight rate,"	63044
"storage tank," "gasoline dispensing facility," "dry cleaning	63045
facility," "design flow discharge," and "new source treatment	63046
works" have the meanings ascribed to those terms by applicable	63047
rules or standards adopted by the director under Chapter 3704. or	63048
6111. of the Revised Code.	63049

(X) As used in divisions (B), (D), (E), (F), (H), (I), and	63050
(J) of this section, and in any other provision of this section	63051
pertaining to fees paid pursuant to Chapter 3704. of the Revised	63052
Code:	63053

(1) "Facility," "federal Clean Air Act," "person," and "Title	63054
V permit" have the same meanings as in section 3704.01 of the	63055
Revised Code.	63056

(2) "Title V permit program" means the following activities	63057
as necessary to meet the requirements of Title V of the federal	63058
Clean Air Act and 40 C.F.R. part 70, including at least:	63059

(a) Preparing and adopting, if applicable, generally	63060
applicable rules or guidance regarding the permit program or its	63061
implementation or enforcement;	63062

(b) Reviewing and acting on any application for a Title V	63063
permit, permit revision, or permit renewal, including the	63064
development of an applicable requirement as part of the processing	63065
of a permit, permit revision, or permit renewal;	63066

(c) Administering the permit program, including the	63067
supporting and tracking of permit applications, compliance	63068
certification, and related data entry;	63069

(d) Determining which sources are subject to the program and	63070
implementing and enforcing the terms of any Title V permit, not	63071
including any court actions or other formal enforcement actions;	63072

(e) Emission and ambient monitoring;

63073

(f) Modeling, analyses, or demonstrations;

63074

(g) Preparing inventories and tracking emissions;

63075

(h) Providing direct and indirect support to small business	63076
stationary sources to determine and meet their obligations under	63077
the federal Clean Air Act pursuant to the small business	63078
stationary source technical and environmental compliance	63079
assistance program required by section 507 of that act and	63080
established in sections 3704.18, 3704.19, and 3706.19 of the	63081
Revised Code.	63082

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	63083
of this section, each sewage sludge facility shall pay a	63084
nonrefundable annual sludge fee equal to three dollars and fifty	63085
cents per dry ton of sewage sludge, including the dry tons of	63086
sewage sludge in materials derived from sewage sludge, that the	63087
sewage sludge facility treats or disposes of in this state. The	63088
annual volume of sewage sludge treated or disposed of by a sewage	63089
sludge facility shall be calculated using the first day of January	63090
through the thirty-first day of December of the calendar year	63091
preceding the date on which payment of the fee is due.	63092

(2)(a) Except as provided in division (Y)(2)(d) of this	63093
section, each sewage sludge facility shall pay a minimum annual	63094
sewage sludge fee of one hundred dollars.	63095

(b) The annual sludge fee required to be paid by a sewage	63096
sludge facility that treats or disposes of exceptional quality	63097
sludge in this state shall be thirty-five per cent less per dry	63098
ton of exceptional quality sludge than the fee assessed under	63099
division (Y)(1) of this section, subject to the following	63100
exceptions:	63101

(i) Except as provided in division (Y)(2)(d) of this section,	63102
a sewage sludge facility that treats or disposes of exceptional	63103
quality sludge shall pay a minimum annual sewage sludge fee of one	63104
hundred dollars.	63105

(ii) A sewage sludge facility that treats or disposes of	63106
exceptional quality sludge shall not be required to pay the annual	63107
sludge fee for treatment or disposal in this state of exceptional	63108
quality sludge generated outside of this state and contained in	63109
bags or other containers not greater than one hundred pounds in	63110
capacity.	63111

A thirty-five per cent reduction for exceptional quality	63112
sludge applies to the maximum annual fees established under	63113
division (Y)(3) of this section.	63114

(c) A sewage sludge facility that transfers sewage sludge to	63115
another sewage sludge facility in this state for further treatment	63116
prior to disposal in this state shall not be required to pay the	63117
annual sludge fee for the tons of sewage sludge that have been	63118
transferred. In such a case, the sewage sludge facility that	63119
disposes of the sewage sludge shall pay the annual sludge fee.	63120
However, the facility transferring the sewage sludge shall pay the	63121
one-hundred-dollar minimum fee required under division (Y)(2)(a)	63122
of this section.	63123

In the case of a sewage sludge facility that treats sewage	63124
sludge in this state and transfers it out of this state to another	63125
entity for disposal, the sewage sludge facility in this state	63126
shall be required to pay the annual sludge fee for the tons of	63127
sewage sludge that have been transferred.	63128

(d) A sewage sludge facility that generates sewage sludge	63129
resulting from an average daily discharge flow of less than five	63130
thousand gallons per day is not subject to the fees assessed under	63131
division (Y) of this section.	63132

(3) No sewage sludge facility required to pay the annual	63133
sludge fee shall be required to pay more than the maximum annual	63134
fee for each disposal method that the sewage sludge facility uses.	63135
The maximum annual fee does not include the additional amount that	63136
may be charged under division (Y)(5) of this section for late	63137
payment of the annual sludge fee. The maximum annual fee for the	63138
following methods of disposal of sewage sludge is as follows:	63139

(a) Incineration: five thousand dollars;

63140

(b) Preexisting land reclamation project or disposal in a	63141
landfill: five thousand dollars;	63142

(c) Land application, land reclamation, surface disposal, or	63143
any other disposal method not specified in division (Y)(3)(a) or	63144
(b) of this section: twenty thousand dollars.	63145

(4)(a) In the case of an entity that generates sewage sludge	63146
or a sewage sludge facility that treats sewage sludge and	63147
transfers the sewage sludge to an incineration facility for	63148
disposal, the incineration facility, and not the entity generating	63149
the sewage sludge or the sewage sludge facility treating the	63150
sewage sludge, shall pay the annual sludge fee for the tons of	63151
sewage sludge that are transferred. However, the entity or	63152
facility generating or treating the sewage sludge shall pay the	63153
one-hundred-dollar minimum fee required under division (Y)(2)(a)	63154
of this section.	63155

(b) In the case of an entity that generates sewage sludge and	63156
transfers the sewage sludge to a landfill for disposal or to a	63157
sewage sludge facility for land reclamation or surface disposal,	63158
the entity generating the sewage sludge, and not the landfill or	63159
sewage sludge facility, shall pay the annual sludge fee for the	63160
tons of sewage sludge that are transferred.	63161

(5) Not later than the first day of April of the calendar	63162
year following March 17, 2000, and each first day of April	63163
thereafter, the director shall issue invoices to persons who are	63164
required to pay the annual sludge fee. The invoice shall identify	63165
the nature and amount of the annual sludge fee assessed and state	63166
the first day of May as the deadline for receipt by the director	63167
of objections regarding the amount of the fee and the first day of	63168
July as the deadline for payment of the fee.	63169

Not later than the first day of May following receipt of an	63170
invoice, a person required to pay the annual sludge fee may submit	63171
objections to the director concerning the accuracy of information	63172
regarding the number of dry tons of sewage sludge used to	63173
calculate the amount of the annual sludge fee or regarding whether	63174
the sewage sludge qualifies for the exceptional quality sludge	63175
discount established in division (Y)(2)(b) of this section. The	63176
director may consider the objections and adjust the amount of the	63177
fee to ensure that it is accurate.	63178

If the director does not adjust the amount of the annual	63179
sludge fee in response to a person's objections, the person may	63180
appeal the director's determination in accordance with Chapter	63181
119. of the Revised Code.	63182

Not later than the first day of June, the director shall	63183
notify the objecting person regarding whether the director has	63184
found the objections to be valid and the reasons for the finding.	63185
If the director finds the objections to be valid and adjusts the	63186
amount of the annual sludge fee accordingly, the director shall	63187
issue with the notification a new invoice to the person	63188
identifying the amount of the annual sludge fee assessed and	63189
stating the first day of July as the deadline for payment.	63190

Not later than the first day of July, any person who is	63191
required to do so shall pay the annual sludge fee. Any person who	63192
is required to pay the fee, but who fails to do so on or before	63193
that date shall pay an additional amount that equals ten per cent	63194
of the required annual sludge fee.	63195

(6) The director shall transmit all moneys collected under	63196
division (Y) of this section to the treasurer of state for deposit	63197
into the surface water protection fund created in section 6111.038	63198
of the Revised Code. The moneys shall be used to defray the costs	63199
of administering and enforcing provisions in Chapter 6111. of the	63200
Revised Code and rules adopted under it that govern the use,	63201
storage, treatment, or disposal of sewage sludge.	63202

(7) Beginning in fiscal year 2001, and every two years	63203
thereafter, the director shall review the total amount of moneys	63204
generated by the annual sludge fees to determine if that amount	63205
exceeded six hundred thousand dollars in either of the two	63206
preceding fiscal years. If the total amount of moneys in the fund	63207
exceeded six hundred thousand dollars in either fiscal year, the	63208
director, after review of the fee structure and consultation with	63209
affected persons, shall issue an order reducing the amount of the	63210
fees levied under division (Y) of this section so that the	63211
estimated amount of moneys resulting from the fees will not exceed	63212
six hundred thousand dollars in any fiscal year.	63213

If, upon review of the fees under division (Y)(7) of this	63214
section and after the fees have been reduced, the director	63215
determines that the total amount of moneys collected and	63216
accumulated is less than six hundred thousand dollars, the	63217
director, after review of the fee structure and consultation with	63218
affected persons, may issue an order increasing the amount of the	63219
fees levied under division (Y) of this section so that the	63220
estimated amount of moneys resulting from the fees will be	63221
approximately six hundred thousand dollars. Fees shall never be	63222
increased to an amount exceeding the amount specified in division	63223
(Y)(7) of this section.	63224

Notwithstanding section 119.06 of the Revised Code, the	63225
director may issue an order under division (Y)(7) of this section	63226
without the necessity to hold an adjudicatory hearing in	63227
connection with the order. The issuance of an order under this	63228
division is not an act or action for purposes of section 3745.04	63229
of the Revised Code.	63230

(8) As used in division (Y) of this section:

63231

(a) "Sewage sludge facility" means an entity that performs	63232
treatment on or is responsible for the disposal of sewage sludge.	63233

(b) "Sewage sludge" means a solid, semi-solid, or liquid	63234
residue generated during the treatment of domestic sewage in a	63235
treatment works as defined in section 6111.01 of the Revised Code.	63236
"Sewage sludge" includes, but is not limited to, scum or solids	63237
removed in primary, secondary, or advanced wastewater treatment	63238
processes. "Sewage sludge" does not include ash generated during	63239
the firing of sewage sludge in a sewage sludge incinerator, grit	63240
and screenings generated during preliminary treatment of domestic	63241
sewage in a treatment works, animal manure, residue generated	63242
during treatment of animal manure, or domestic septage.	63243

(c) "Exceptional quality sludge" means sewage sludge that	63244
meets all of the following qualifications:	63245

(i) Satisfies the class A pathogen standards in 40 C.F.R.	63246
503.32(a);	63247

(ii) Satisfies one of the vector attraction reduction	63248
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	63249

(iii) Does not exceed the ceiling concentration limitations	63250
for metals listed in table one of 40 C.F.R. 503.13;	63251

(iv) Does not exceed the concentration limitations for metals	63252
listed in table three of 40 C.F.R. 503.13.	63253

(d) "Treatment" means the preparation of sewage sludge for	63254
final use or disposal and includes, but is not limited to,	63255
thickening, stabilization, and dewatering of sewage sludge.	63256

(e) "Disposal" means the final use of sewage sludge,	63257
including, but not limited to, land application, land reclamation,	63258
surface disposal, or disposal in a landfill or an incinerator.	63259

(f) "Land application" means the spraying or spreading of	63260
sewage sludge onto the land surface, the injection of sewage	63261
sludge below the land surface, or the incorporation of sewage	63262
sludge into the soil for the purposes of conditioning the soil or	63263
fertilizing crops or vegetation grown in the soil.	63264

(g) "Land reclamation" means the returning of disturbed land	63265
to productive use.	63266

(h) "Surface disposal" means the placement of sludge on an	63267
area of land for disposal, including, but not limited to,	63268
monofills, surface impoundments, lagoons, waste piles, or	63269
dedicated disposal sites.	63270

(i) "Incinerator" means an entity that disposes of sewage	63271
sludge through the combustion of organic matter and inorganic	63272
matter in sewage sludge by high temperatures in an enclosed	63273
device.	63274

(j) "Incineration facility" includes all incinerators owned	63275
or operated by the same entity and located on a contiguous tract	63276
of land. Areas of land are considered to be contiguous even if	63277
they are separated by a public road or highway.	63278

(k) "Annual sludge fee" means the fee assessed under division	63279
(Y)(1) of this section.	63280

(l) "Landfill" means a sanitary landfill facility, as defined	63281
in rules adopted under section 3734.02 of the Revised Code, that	63282
is licensed under section 3734.05 of the Revised Code.	63283

(m) "Preexisting land reclamation project" means a	63284
property-specific land reclamation project that has been in	63285
continuous operation for not less than five years pursuant to	63286
approval of the activity by the director and includes the	63287
implementation of a community outreach program concerning the	63288
activity.	63289

Sec. 3745.113. (A) A person that applies for a state isolated	63290
wetland permit under Chapter 6111. of the Revised Code and rules	63291
adopted under it shall pay an application fee of two hundred	63292
dollars at the time of application.	63293

In addition, that person shall pay, at the time of	63294
application, a review fee of five hundred dollars per acre of the	63295
wetlands to be impacted.	63296

However, the review fee shall not exceed five thousand	63297
dollars per application. In addition, if an application is denied,	63298
the director of environmental protection shall refund to the	63299
applicant one-half of the amount of the review fee paid by the	63300
applicant under division (A) of this section.	63301

(B) If a person conducts any activities for which an	63302
individual state isolated wetland permit is required under Chapter	63303
6111. of the Revised Code and rules adopted under it without first	63304
obtaining such a permit, the person shall pay twice the amount of	63305
the application and review fees that the person otherwise would	63306
have been required to pay under division (A) of this section, not	63307
to exceed ten thousand dollars.	63308

(C) All moneys collected under this section shall be	63309
deposited in the state treasury to the credit of the ~~dredge and~~	63310
~~fill~~surface water protection fund created in section ~~6111.029~~	63311
6111.038 of the Revised Code.	63312

(D) Fees established under this section shall not apply to	63313
any agency or department of the state or to any county, township,	63314
or municipal corporation in this state.	63315

Sec. 3769.08. (A) Any person holding a permit to conduct a	63316
horse-racing meeting may provide a place in the race meeting	63317
grounds or enclosure at which the permit holder may conduct and	63318
supervise the pari-mutuel system of wagering by patrons of legal	63319
age on the live racing programs and simulcast racing programs	63320
conducted by the permit holder.	63321

The pari-mutuel method of wagering upon the live racing	63322
programs and simulcast racing programs held at or conducted within	63323
such race track, and at the time of such horse-racing meeting, or	63324
at other times authorized by the state racing commission, shall	63325
not be unlawful. No other place, except that provided and	63326
designated by the permit holder and except as provided in section	63327
3769.26 of the Revised Code, nor any other method or system of	63328
betting or wagering on live racing programs and simulcast racing	63329
programs, except the pari-mutuel system, shall be used or	63330
permitted by the permit holder; nor, except as provided in section	63331
3769.089 or 3769.26 of the Revised Code, shall the pari-mutuel	63332
system of wagering be conducted by the permit holder on any races	63333
except the races at the race track, grounds, or enclosure for	63334
which the person holds a permit. Each permit holder may retain as	63335
a commission an amount not to exceed eighteen per cent of the	63336
total of all moneys wagered on live racing programs and simulcast	63337
racing programs.	63338

The pari-mutuel wagering authorized by this section is	63339
subject to sections 3769.25 to 3769.28 of the Revised Code.	63340

(B) At the close of each racing day, each permit holder	63341
authorized to conduct thoroughbred racing, out of the amount	63342
retained on that day by the permit holder, shall pay by check,	63343
draft, or money order to the tax commissioner, as a tax, a sum	63344
equal to the following percentages of the total of all moneys	63345
wagered on live racing programs on that day and shall separately	63346
compute and pay by check, draft, or money order to the tax	63347
commissioner, as a tax, a sum equal to the following percentages	63348
of the total of all money wagered on simulcast racing programs on	63349
that day:	63350

(1) One per cent of the first two hundred thousand dollars	63351
wagered, or any part of that amount;	63352

(2) Two per cent of the next one hundred thousand dollars	63353
wagered, or any part of that amount;	63354

(3) Three per cent of the next one hundred thousand dollars	63355
wagered, or any part of that amount;	63356

(4) Four per cent of all sums over four hundred thousand	63357
dollars wagered.	63358

Except as otherwise provided in section 3769.089 of the	63359
Revised Code, each permit holder authorized to conduct	63360
thoroughbred racing shall use for purse money a sum equal to fifty	63361
per cent of the pari-mutuel revenues retained by the permit holder	63362
as a commission after payment of the state tax. This fifty per	63363
cent payment shall be in addition to the purse distribution from	63364
breakage specified in this section.	63365

Subject to division (M) of this section, from the moneys paid	63366
to the tax commissioner by thoroughbred racing permit holders,	63367
one-half of one per cent of the total of all moneys so wagered on	63368
a racing day shall be paid into the Ohio fairs fund created by	63369
section 3769.082 of the Revised Code, one and one-eighth per cent	63370
of the total of all moneys so wagered on a racing day shall be	63371
paid into the Ohio thoroughbred race fund created by section	63372
3769.083 of the Revised Code, and one-quarter of one per cent of	63373
the total of all moneys wagered on a racing day by each permit	63374
holder shall be paid into the state racing commission operating	63375
fund created by section 3769.03 of the Revised Code. The required	63376
payment to the state racing commission operating fund does not	63377
apply to county and independent fairs and agricultural societies.	63378
The remaining moneys may be retained by the permit holder, except	63379
as provided in this section with respect to the odd cents	63380
redistribution. Amounts paid into the nursing home franchise	63381
permit fee fund pursuant to this section and section 3769.26 of	63382
the Revised Code shall be used solely for the support of the	63383
PASSPORT program as determined in appropriations made by the	63384
general assembly. If the PASSPORT program is abolished, the amount	63385
that would have been paid to the nursing home franchise permit fee	63386
fund under this chapter shall be paid to the general revenue fund	63387
of the state. As used in this chapter, "PASSPORT program" ~~means~~	63388
~~the PASSPORT program created under~~has the same meaning as in	63389
section ~~173.40~~173.51 of the Revised Code.	63390

The total amount paid to the Ohio thoroughbred race fund	63391
under this section and division (A) of section 3769.087 of the	63392
Revised Code shall not exceed by more than six per cent the total	63393
amount paid to this fund under this section and division (A) of	63394
that section during the immediately preceding calendar year.	63395

Each year, the total amount calculated for payment into the	63396
Ohio fairs fund under this division, division (C) of this section,	63397
and division (A) of section 3769.087 of the Revised Code shall be	63398
an amount calculated using the percentages specified in this	63399
division, division (C) of this section, and division (A) of	63400
section 3769.087 of the Revised Code.	63401

A permit holder may contract with a thoroughbred horsemen's	63402
organization for the organization to act as a representative of	63403
all thoroughbred owners and trainers participating in a	63404
horse-racing meeting conducted by the permit holder. A	63405
"thoroughbred horsemen's organization" is any corporation or	63406
association that represents, through membership or otherwise, more	63407
than one-half of the aggregate of all thoroughbred owners and	63408
trainers who were licensed and actively participated in racing	63409
within this state during the preceding calendar year. Except as	63410
otherwise provided in this paragraph, any moneys received by a	63411
thoroughbred horsemen's organization shall be used exclusively for	63412
the benefit of thoroughbred owners and trainers racing in this	63413
state through the administrative purposes of the organization,	63414
benevolent activities on behalf of the horsemen, promotion of the	63415
horsemen's rights and interests, and promotion of equine research.	63416
A thoroughbred horsemen's organization may expend not more than an	63417
aggregate of five per cent of its annual gross receipts, or a	63418
larger amount as approved by the organization, for dues,	63419
assessments, and other payments to all other local, national, or	63420
international organizations having as their primary purposes the	63421
promotion of thoroughbred horse racing, thoroughbred horsemen's	63422
rights, and equine research.	63423

(C) Except as otherwise provided in division (B) of this	63424
section, at the close of each racing day, each permit holder	63425
authorized to conduct harness or quarter horse racing, out of the	63426
amount retained that day by the permit holder, shall pay by check,	63427
draft, or money order to the tax commissioner, as a tax, a sum	63428
equal to the following percentages of the total of all moneys	63429
wagered on live racing programs and shall separately compute and	63430
pay by check, draft, or money order to the tax commissioner, as a	63431
tax, a sum equal to the following percentages of the total of all	63432
money wagered on simulcast racing programs on that day:	63433

(1) One per cent of the first two hundred thousand dollars	63434
wagered, or any part of that amount;	63435

(2) Two per cent of the next one hundred thousand dollars	63436
wagered, or any part of that amount;	63437

(3) Three per cent of the next one hundred thousand dollars	63438
wagered, or any part of that amount;	63439

(4) Four per cent of all sums over four hundred thousand	63440
dollars wagered.	63441

Except as otherwise provided in division (B) and subject to	63442
division (M) of this section, from the moneys paid to the tax	63443
commissioner by permit holders authorized to conduct harness or	63444
quarter horse racing, one-half of one per cent of all moneys	63445
wagered on that racing day shall be paid into the Ohio fairs fund;	63446
from the moneys paid to the tax commissioner by permit holders	63447
authorized to conduct harness racing, five-eighths of one per cent	63448
of all moneys wagered on that racing day shall be paid into the	63449
Ohio standardbred development fund; and from the moneys paid to	63450
the tax commissioner by permit holders authorized to conduct	63451
quarter horse racing, five-eighths of one per cent of all moneys	63452
wagered on that racing day shall be paid into the Ohio quarter	63453
horse development fund.	63454

(D) In addition, subject to division (M) of this section,	63455
beginning on January 1, 1996, from the money paid to the tax	63456
commissioner as a tax under this section and division (A) of	63457
section 3769.087 of the Revised Code by harness horse permit	63458
holders, one-half of one per cent of the amount wagered on a	63459
racing day shall be paid into the Ohio standardbred development	63460
fund. Beginning January 1, 1998, the payment to the Ohio	63461
standardbred development fund required under this division does	63462
not apply to county agricultural societies or independent	63463
agricultural societies.	63464

The total amount paid to the Ohio standardbred development	63465
fund under this division, division (C) of this section, and	63466
division (A) of section 3769.087 of the Revised Code and the total	63467
amount paid to the Ohio quarter horse development fund under this	63468
division and division (A) of that section shall not exceed by more	63469
than six per cent the total amount paid into the fund under this	63470
division, division (C) of this section, and division (A) of	63471
section 3769.087 of the Revised Code in the immediately preceding	63472
calendar year.	63473

(E) Subject to division (M) of this section, from the money	63474
paid as a tax under this chapter by harness and quarter horse	63475
permit holders, one-quarter of one per cent of the total of all	63476
moneys wagered on a racing day by each permit holder shall be paid	63477
into the state racing commission operating fund created by section	63478
3769.03 of the Revised Code. This division does not apply to	63479
county and independent fairs and agricultural societies.	63480

(F) Except as otherwise provided in section 3769.089 of the	63481
Revised Code, each permit holder authorized to conduct harness	63482
racing shall pay to the harness horsemen's purse pool a sum equal	63483
to fifty per cent of the pari-mutuel revenues retained by the	63484
permit holder as a commission after payment of the state tax. This	63485
fifty per cent payment is to be in addition to the purse	63486
distribution from breakage specified in this section.	63487

(G) In addition, each permit holder authorized to conduct	63488
harness racing shall be allowed to retain the odd cents of all	63489
redistribution to be made on all mutual contributions exceeding a	63490
sum equal to the next lowest multiple of ten.	63491

Forty per cent of that portion of that total sum of such odd	63492
cents shall be used by the permit holder for purse money for Ohio	63493
sired, bred, and owned colts, for purse money for Ohio bred	63494
horses, and for increased purse money for horse races. Upon the	63495
formation of the corporation described in section 3769.21 of the	63496
Revised Code to establish a harness horsemen's health and	63497
retirement fund, twenty-five per cent of that portion of that	63498
total sum of odd cents shall be paid at the close of each racing	63499
day by the permit holder to that corporation to establish and fund	63500
the health and retirement fund. Until that corporation is formed,	63501
that twenty-five per cent shall be paid at the close of each	63502
racing day by the permit holder to the tax commissioner or the tax	63503
commissioner's agent in the county seat of the county in which the	63504
permit holder operates race meetings. The remaining thirty-five	63505
per cent of that portion of that total sum of odd cents shall be	63506
retained by the permit holder.	63507

(H) In addition, each permit holder authorized to conduct	63508
thoroughbred racing shall be allowed to retain the odd cents of	63509
all redistribution to be made on all mutuel contributions	63510
exceeding a sum equal to the next lowest multiple of ten. Twenty	63511
per cent of that portion of that total sum of such odd cents shall	63512
be used by the permit holder for increased purse money for horse	63513
races. Upon the formation of the corporation described in section	63514
3769.21 of the Revised Code to establish a thoroughbred horsemen's	63515
health and retirement fund, forty-five per cent of that portion of	63516
that total sum of odd cents shall be paid at the close of each	63517
racing day by the permit holder to that corporation to establish	63518
and fund the health and retirement fund. Until that corporation is	63519
formed, that forty-five per cent shall be paid by the permit	63520
holder to the tax commissioner or the tax commissioner's agent in	63521
the county seat of the county in which the permit holder operates	63522
race meetings, at the close of each racing day. The remaining	63523
thirty-five per cent of that portion of that total sum of odd	63524
cents shall be retained by the permit holder.	63525

(I) In addition, each permit holder authorized to conduct	63526
quarter horse racing shall be allowed to retain the odd cents of	63527
all redistribution to be made on all mutuel contributions	63528
exceeding a sum equal to the next lowest multiple of ten, subject	63529
to a tax of twenty-five per cent on that portion of the total sum	63530
of such odd cents that is in excess of two thousand dollars during	63531
a calendar year, which tax shall be paid at the close of each	63532
racing day by the permit holder to the tax commissioner or the tax	63533
commissioner's agent in the county seat of the county within which	63534
the permit holder operates race meetings. Forty per cent of that	63535
portion of that total sum of such odd cents shall be used by the	63536
permit holder for increased purse money for horse races. The	63537
remaining thirty-five per cent of that portion of that total sum	63538
of odd cents shall be retained by the permit holder.	63539

(J)(1) To encourage the improvement of racing facilities for	63540
the benefit of the public, breeders, and horse owners, and to	63541
increase the revenue to the state from the increase in pari-mutuel	63542
wagering resulting from those improvements, the taxes paid by a	63543
permit holder to the state as provided for in this chapter shall	63544
be reduced by three-fourths of one per cent of the total amount	63545
wagered for those permit holders who make capital improvements to	63546
existing race tracks or construct new race tracks. The percentage	63547
of the reduction that may be taken each racing day shall equal	63548
seventy-five per cent of the taxes levied under divisions (B) and	63549
(C) of this section and section 3769.087 of the Revised Code, and	63550
division (F)(2) of section 3769.26 of the Revised Code, as	63551
applicable, divided by the calculated amount each fund should	63552
receive under divisions (B) and (C) of this section and section	63553
3769.087 of the Revised Code, and division (F)(2) of section	63554
3769.26 of the Revised Code and the reduction provided for in this	63555
division. If the resulting percentage is less than one, that	63556
percentage shall be multiplied by the amount of the reduction	63557
provided for in this division. Otherwise, the permit holder shall	63558
receive the full reduction provided for in this division. The	63559
amount of the allowable reduction not received shall be carried	63560
forward and applied against future tax liability. After any	63561
reductions expire, any reduction carried forward shall be treated	63562
as a reduction as provided for in this division.	63563

If more than one permit holder is authorized to conduct	63564
racing at the facility that is being built or improved, the cost	63565
of the new race track or capital improvement shall be allocated	63566
between or among all the permit holders in the ratio that the	63567
permit holders' number of racing days bears to the total number of	63568
racing days conducted at the facility.	63569

A reduction for a new race track or a capital improvement	63570
shall start from the day racing is first conducted following the	63571
date actual construction of the new race track or each capital	63572
improvement is completed and the construction cost has been	63573
approved by the racing commission, unless otherwise provided in	63574
this section. A reduction for a new race track or a capital	63575
improvement shall continue for a period of twenty-five years for	63576
new race tracks and for fifteen years for capital improvements if	63577
the construction of the capital improvement or new race track	63578
commenced prior to March 29, 1988, and for a period of ten years	63579
for new race tracks or capital improvements if the construction of	63580
the capital improvement or new race track commenced on or after	63581
March 29, 1988, but before June 6, 2001, or until the total tax	63582
reduction reaches seventy per cent of the approved cost of the new	63583
race track or capital improvement, as allocated to each permit	63584
holder, whichever occurs first. A reduction for a new race track	63585
or a capital improvement approved after June 6, 2001, shall	63586
continue until the total tax reduction reaches one hundred per	63587
cent of the approved cost of the new race track or capital	63588
improvement, as allocated to each permit holder.	63589

A reduction granted for a new race track or a capital	63590
improvement, the application for which was approved by the racing	63591
commission after March 29, 1988, but before June 6, 2001, shall	63592
not commence nor shall the ten-year period begin to run until all	63593
prior tax reductions with respect to the same race track have	63594
ended. The total tax reduction because of capital improvements	63595
shall not during any one year exceed for all permit holders using	63596
any one track three-fourths of one per cent of the total amount	63597
wagered, regardless of the number of capital improvements made.	63598
Several capital improvements to a race track may be consolidated	63599
in an application if the racing commission approved the	63600
application prior to March 29, 1988. No permit holder may receive	63601
a tax reduction for a capital improvement approved by the racing	63602
commission on or after March 29, 1988, at a race track until all	63603
tax reductions have ended for all prior capital improvements	63604
approved by the racing commission under this section or section	63605
3769.20 of the Revised Code at that race track. If there are two	63606
or more permit holders operating meetings at the same track, they	63607
may consolidate their applications. The racing commission shall	63608
notify the tax commissioner when the reduction of tax begins and	63609
when it ends.	63610

Each fiscal year the racing commission shall submit a report	63611
to the tax commissioner, the office of budget and management, and	63612
the legislative service commission. The report shall identify each	63613
capital improvement project undertaken under this division and in	63614
progress at each race track, indicate the total cost of each	63615
project, state the tax reduction that resulted from each project	63616
during the immediately preceding fiscal year, estimate the tax	63617
reduction that will result from each project during the current	63618
fiscal year, state the total tax reduction that resulted from all	63619
such projects at all race tracks during the immediately preceding	63620
fiscal year, and estimate the total tax reduction that will result	63621
from all such projects at all race tracks during the current	63622
fiscal year.	63623

(2) In order to qualify for the reduction in tax, a permit	63624
holder shall apply to the racing commission in such form as the	63625
commission may require and shall provide full details of the new	63626
race track or capital improvement, including a schedule for its	63627
construction and completion, and set forth the costs and expenses	63628
incurred in connection with it. The racing commission shall not	63629
approve an application unless the permit holder shows that a	63630
contract for the new race track or capital improvement has been	63631
let under an unrestricted competitive bidding procedure, unless	63632
the contract is exempted by the controlling board because of its	63633
unusual nature. In determining whether to approve an application,	63634
the racing commission shall consider whether the new race track or	63635
capital improvement will promote the safety, convenience, and	63636
comfort of the racing public and horse owners and generally tend	63637
towards the improvement of racing in this state.	63638

(3) If a new race track or capital improvement is approved by	63639
the racing commission and construction has started, the tax	63640
reduction may be authorized by the commission upon presentation of	63641
copies of paid bills in excess of one hundred thousand dollars or	63642
ten per cent of the approved cost, whichever is greater. After the	63643
initial authorization, the permit holder shall present copies of	63644
paid bills. If the permit holder is in substantial compliance with	63645
the schedule for construction and completion of the new race track	63646
or capital improvement, the racing commission may authorize the	63647
continuation of the tax reduction upon the presentation of the	63648
additional paid bills. The total amount of the tax reduction	63649
authorized shall not exceed the percentage of the approved cost of	63650
the new race track or capital improvement specified in division	63651
(J)(1) of this section. The racing commission may terminate any	63652
tax reduction immediately if a permit holder fails to complete the	63653
new race track or capital improvement, or to substantially comply	63654
with the schedule for construction and completion of the new race	63655
track or capital improvement. If a permit holder fails to complete	63656
a new race track or capital improvement, the racing commission	63657
shall order the permit holder to repay to the state the total	63658
amount of tax reduced. The normal tax paid by the permit holder	63659
shall be increased by three-fourths of one per cent of the total	63660
amount wagered until the total amount of the additional tax	63661
collected equals the total amount of tax reduced.	63662

(4) As used in this section:

63663

(a) "Capital improvement" means an addition, replacement, or	63664
remodeling of a structural unit of a race track facility costing	63665
at least one hundred thousand dollars, including, but not limited	63666
to, the construction of barns used exclusively for the race track	63667
facility, backstretch facilities for horsemen, paddock facilities,	63668
new pari-mutuel and totalizator equipment and appurtenances to	63669
that equipment purchased by the track, new access roads, new	63670
parking areas, the complete reconstruction, reshaping, and	63671
leveling of the racing surface and appurtenances, the installation	63672
of permanent new heating or air conditioning, roof replacement or	63673
restoration, installations of a permanent nature forming a part of	63674
the track structure, and construction of buildings that are	63675
located on a permit holder's premises. "Capital improvement" does	63676
not include the cost of replacement of equipment that is not	63677
permanently installed, ordinary repairs, painting, and maintenance	63678
required to keep a race track facility in ordinary operating	63679
condition.	63680

(b) "New race track" includes the reconstruction of a race	63681
track damaged by fire or other cause that has been declared by the	63682
racing commission, as a result of the damage, to be an inadequate	63683
facility for the safe operation of horse racing.	63684

(c) "Approved cost" includes all debt service and interest	63685
costs that are associated with a capital improvement or new race	63686
track and that the racing commission approves for a tax reduction	63687
under division (J) of this section.	63688

(5) The racing commission shall not approve an application	63689
for a tax reduction under this section if it has reasonable cause	63690
to believe that the actions or negligence of the permit holder	63691
substantially contributed to the damage suffered by the track due	63692
to fire or other cause. The racing commission shall obtain any	63693
data or information available from a fire marshal, law enforcement	63694
official, or insurance company concerning any fire or other damage	63695
suffered by a track, prior to approving an application for a tax	63696
reduction.	63697

(6) The approved cost to which a tax reduction applies shall	63698
be determined by generally accepted accounting principles and	63699
verified by an audit of the permit holder's records upon	63700
completion of the project by the racing commission, or by an	63701
independent certified public accountant selected by the permit	63702
holder and approved by the commission.	63703

(K) No other license or excise tax or fee, except as provided	63704
in sections 3769.01 to 3769.14 of the Revised Code, shall be	63705
assessed or collected from such licensee by any county, township,	63706
district, municipal corporation, or other body having power to	63707
assess or collect a tax or fee. That portion of the tax paid under	63708
this section by permit holders for racing conducted at and during	63709
the course of an agricultural exposition or fair, and that portion	63710
of the tax that would have been paid by eligible permit holders	63711
into the nursing home franchise permit fee fund as a result of	63712
racing conducted at and during the course of an agricultural	63713
exposition or fair, shall be deposited into the state treasury to	63714
the credit of the horse racing tax fund, which is hereby created	63715
for the use of the agricultural societies of the several counties	63716
in which the taxes originate. The state racing commission shall	63717
determine eligible permit holders for purposes of the preceding	63718
sentence, taking into account the breed of horse, the racing	63719
dates, the geographic proximity to the fair, and the best	63720
interests of Ohio racing. On the first day of any month on which	63721
there is money in the fund, the tax commissioner shall provide for	63722
payment to the treasurer of each agricultural society the amount	63723
of the taxes collected under this section upon racing conducted at	63724
and during the course of any exposition or fair conducted by the	63725
society.	63726

(L) From the tax paid under this section by harness track	63727
permit holders, the tax commissioner shall pay into the Ohio	63728
thoroughbred race fund a sum equal to a percentage of the amount	63729
wagered upon which the tax is paid. The percentage shall be	63730
determined by the tax commissioner and shall be rounded to the	63731
nearest one-hundredth. The percentage shall be such that, when	63732
multiplied by the amount wagered upon which tax was paid by the	63733
harness track permit holders in the most recent year for which	63734
final figures are available, it results in a sum that	63735
substantially equals the same amount of tax paid by the tax	63736
commissioner during that year into the Ohio fairs fund from taxes	63737
paid by thoroughbred permit holders. This division does not apply	63738
to county and independent fairs and agricultural societies.	63739

(M) Twenty-five per cent of the taxes levied on thoroughbred	63740
racing permit holders, harness racing permit holders, and quarter	63741
horse racing permit holders under this section, division (A) of	63742
section 3769.087 of the Revised Code, and division (F)(2) of	63743
section 3769.26 of the Revised Code shall be paid into the nursing	63744
home franchise permit fee fund. The tax commissioner shall pay any	63745
money remaining, after the payment into the nursing home franchise	63746
permit fee fund and the reductions provided for in division (J) of	63747
this section and in section 3769.20 of the Revised Code, into the	63748
Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred	63749
development fund, Ohio quarter horse fund, and state racing	63750
commission operating fund as prescribed in this section and	63751
division (A) of section 3769.087 of the Revised Code. The tax	63752
commissioner shall thereafter use and apply the balance of the	63753
money paid as a tax by any permit holder to cover any shortage in	63754
the accounts of such funds resulting from an insufficient payment	63755
as a tax by any other permit holder. The moneys received by the	63756
tax commissioner shall be deposited weekly and paid by the tax	63757
commissioner into the funds to cover the total aggregate amount	63758
due from all permit holders to the funds, as calculated under this	63759
section and division (A) of section 3769.087 of the Revised Code,	63760
as applicable. If, after the payment into the nursing home	63761
franchise permit fee fund, sufficient funds are not available from	63762
the tax deposited by the tax commissioner to pay the required	63763
amounts into the Ohio fairs fund, Ohio standardbred development	63764
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	63765
the state racing commission operating fund, the tax commissioner	63766
shall prorate on a proportional basis the amount paid to each of	63767
the funds. Any shortage to the funds as a result of a proration	63768
shall be applied against future deposits for the same calendar	63769
year when funds are available. After this application, the tax	63770
commissioner shall pay any remaining money paid as a tax by all	63771
permit holders into the nursing home franchise permit fee fund.	63772
This division does not apply to permit holders conducting racing	63773
at the course of an agricultural exposition or fair as described	63774
in division (K) of this section.	63775

Sec. 3769.088. (A) If any permit holder required by this	63776
chapter to pay the taxes levied by sections 3769.08, 3769.087,	63777
3769.26, and 3769.28 of the Revised Code fails to pay the taxes,	63778
the tax commissioner may make an assessment against the permit	63779
holder based upon any information in the commissioner's	63780
possession.	63781

A penalty of up to fifteen per cent may be added to the	63782
amount of every assessment made under this section. The	63783
commissioner may adopt rules providing for the imposition and	63784
remission of penalties added to assessments made under this	63785
section.	63786

The commissioner shall give the party assessed written notice	63787
of the assessment in the manner provided in section 5703.37 of the	63788
Revised Code. With the notice, the commissioner shall provide	63789
instructions on how to petition for reassessment and request a	63790
hearing on the petition.	63791

(B) Unless the party assessed files with the tax commissioner	63792
within sixty days after service of the notice of assessment,	63793
either personally or by certified mail, a written petition for	63794
reassessment signed by the party assessed or that party's	63795
authorized agent having knowledge of the facts, the assessment	63796
becomes final and the amount of the assessment is due and payable	63797
from the party assessed to the commissioner. The petition shall	63798
indicate the objections of the party assessed, but additional	63799
objections may be raised in writing if received by the	63800
commissioner prior to the date shown on the final determination.	63801
If the petition has been properly filed, the commissioner shall	63802
proceed under section 5703.60 of the Revised Code.	63803

(C) After an assessment becomes final, if any portion of the	63804
assessment remains unpaid, including accrued interest, a certified	63805
copy of the tax commissioner's entry making the assessment final	63806
may be filed in the office of the clerk of the court of common	63807
pleas in the county in which the place, track, or enclosure for	63808
which the permit was issued is located or the county in which the	63809
party assessed resides or has its principal place of business. If	63810
the party assessed maintains no place of business in this state	63811
and is not a resident of this state, the certified copy of the	63812
entry may be filed in the office of the clerk of the court of	63813
common pleas of Franklin county.	63814

Immediately upon the filing of the entry, the clerk shall	63815
enter a judgment for the state against the party assessed in the	63816
amount shown on the entry. The judgment may be filed by the clerk	63817
in a loose-leaf book entitled "special judgments for state horse	63818
racing tax," and shall have the same effect as other judgments.	63819
Execution shall issue upon the judgment upon the request of the	63820
tax commissioner, and all laws applicable to sales on execution	63821
shall apply to sales made under the judgment.	63822

~~The portion of~~If the assessment is not paid in its entirety	63823
within sixty days after the day the assessment was issued, the	63824
portion of the assessment consisting of tax due shall bear	63825
interest at the rate per annum prescribed by section 5703.47 of	63826
the Revised Code from the day the tax commissioner issues the	63827
assessment until the day the assessment is paid or until it is	63828
certified to the attorney general for collection under section	63829
131.02 of the Revised Code, whichever comes first. If the unpaid	63830
portion of the assessment is certified to the attorney general for	63831
collection, the entire unpaid portion of the assessment shall bear	63832
interest at the rate per annum prescribed by section 5703.47 of	63833
the Revised Code from the date of certification until the date it	63834
is paid in its entirety. Interest shall be paid in the same manner	63835
as the tax and may be collected by the issuance of an assessment	63836
under this section.	63837

(D) All money collected by the tax commissioner under this	63838
section shall be treated as revenue arising from the taxes imposed	63839
by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised	63840
Code.	63841

Sec. 3770.02. (A) Subject to the advice and consent of the	63842
senate, the governor shall appoint a director of the state lottery	63843
commission who shall serve at the pleasure of the governor. The	63844
director shall devote full time to the duties of the office and	63845
shall hold no other office or employment. The director shall meet	63846
all requirements for appointment as a member of the commission and	63847
shall, by experience and training, possess management skills that	63848
equip the director to administer an enterprise of the nature of a	63849
state lottery. The director shall receive an annual salary in	63850
accordance with pay range 48 of section 124.152 of the Revised	63851
Code.	63852

(B)(1) The director shall attend all meetings of the	63853
commission and shall act as its secretary. The director shall keep	63854
a record of all commission proceedings and shall keep the	63855
commission's records, files, and documents at the commission's	63856
principal office. All records of the commission's meetings shall	63857
be available for inspection by any member of the public, upon a	63858
showing of good cause and prior notification to the director.	63859

(2) The director shall be the commission's executive officer	63860
and shall be responsible for keeping all commission records and	63861
supervising and administering the state lottery in accordance with	63862
this chapter, and carrying out all commission rules adopted under	63863
section 3770.03 of the Revised Code.	63864

(C)(1) The director shall appoint an assistant director,	63865
deputy directors of marketing, operations, sales, finance, public	63866
relations, security, and administration, and as many regional	63867
managers as are required. The director may also appoint necessary	63868
professional, technical, and clerical assistants. All such	63869
officers and employees shall be appointed and compensated pursuant	63870
to Chapter 124. of the Revised Code. Regional and assistant	63871
regional managers, sales representatives, and any lottery	63872
executive account representatives shall remain in the unclassified	63873
service.	63874

(2) The director, in consultation with the director of	63875
administrative services, may establish standards of proficiency	63876
and productivity for commission field representatives.	63877

(D) The director shall request the bureau of criminal	63878
identification and investigation, the department of public safety,	63879
or any other state, local, or federal agency to supply the	63880
director with the criminal records of any job applicant and may	63881
periodically request the criminal records of commission employees.	63882
At or prior to the time of making such a request, the director	63883
shall require a job applicant or commission employee to obtain	63884
fingerprint cards prescribed by the superintendent of the bureau	63885
of criminal identification and investigation at a qualified law	63886
enforcement agency, and the director shall cause these fingerprint	63887
cards to be forwarded to the bureau of criminal identification and	63888
investigation and the federal bureau of investigation. The	63889
commission shall assume the cost of obtaining the fingerprint	63890
cards and shall pay to each agency supplying criminal records for	63891
each investigation under this division a reasonable fee, as	63892
determined by the agency.	63893

(E) The director shall license lottery sales agents pursuant	63894
to section 3770.05 of the Revised Code and, when it is considered	63895
necessary, may revoke or suspend the license of any lottery sales	63896
agent. The director may license video lottery technology	63897
providers, independent testing laboratories, and gaming employees,	63898
and promulgate rules relating thereto. When the director considers	63899
it necessary, the director may suspend or revoke the license of a	63900
video lottery technology provider, independent testing laboratory,	63901
or gaming employee, including suspension or revocation without	63902
affording an opportunity for a prior hearing under section 119.07	63903
of the Revised Code when the public safety, convenience, or trust	63904
requires immediate action.	63905

(F) The director shall confer at least once each month with	63906
the commission, at which time the director shall advise it	63907
regarding the operation and administration of the lottery. The	63908
director shall make available at the request of the commission all	63909
documents, files, and other records pertaining to the operation	63910
and administration of the lottery. The director shall prepare and	63911
make available to the commission each month a complete and	63912
accurate accounting of lottery revenues, prize money disbursements	63913
and the cost of goods and services awarded as prizes, operating	63914
expenses, and all other relevant financial information, including	63915
an accounting of all transfers made from any lottery funds in the	63916
custody of the treasurer of state to benefit education.	63917

(G) The director may enter into contracts for the operation	63918
or promotion of the lottery pursuant to Chapter 125. of the	63919
Revised Code.	63920

(H)(1) Pursuant to rules adopted by the commission under	63921
section 3770.03 of the Revised Code, the director shall require	63922
any lottery sales agents to ~~either mail directly to the commission~~	63923
or deposit to the credit of the state lottery fund, in banking	63924
institutions designated by the treasurer of state, net proceeds	63925
due the commission as determined by the director~~, and to file with~~	63926
~~the director or the director's designee reports of their receipts~~	63927
~~and transactions in the sale of lottery tickets in the form~~	63928
~~required by the director~~.	63929

(2) Pursuant to rules adopted by the commission under Chapter	63930
119. of the Revised Code, the director may impose penalties for	63931
the failure of a sales agent to transfer funds to the commission	63932
in a timely manner. Penalties may include monetary penalties,	63933
immediate suspension or revocation of a license, or any other	63934
penalty the commission adopts by rule.	63935

(I) The director may arrange for any person, or any banking	63936
institution, to perform functions and services in connection with	63937
the operation of the lottery as the director may consider	63938
necessary to carry out this chapter.	63939

(J)(1) As used in this chapter, "statewide joint lottery	63940
game" means a lottery game that the commission sells solely within	63941
this state under an agreement with other lottery jurisdictions to	63942
sell the same lottery game solely within their statewide or other	63943
jurisdictional boundaries.	63944

(2) If the governor directs the director to do so, the	63945
director shall enter into an agreement with other lottery	63946
jurisdictions to conduct statewide joint lottery games. If the	63947
governor signs the agreement personally or by means of an	63948
authenticating officer pursuant to section 107.15 of the Revised	63949
Code, the director then may conduct statewide joint lottery games	63950
under the agreement.	63951

(3) The entire net proceeds from any statewide joint lottery	63952
games shall be used to fund elementary, secondary, vocational, and	63953
special education programs in this state.	63954

(4) The commission shall conduct any statewide joint lottery	63955
games in accordance with rules it adopts under division (B)(5) of	63956
section 3770.03 of the Revised Code.	63957

(K)(1) The director shall enter into an agreement with the	63958
department of ~~alcohol and drug addiction services~~mental health	63959
and addiction services under which the department shall provide a	63960
program of gambling addiction services on behalf of the	63961
commission. The commission shall pay the costs of the program	63962
provided pursuant to the agreement.	63963

(2) As used in this section, "gambling addiction services"	63964
has the same meaning as in section ~~3793.01~~5119.01 of the Revised	63965
Code.	63966

Sec. 3770.03. (A) The state lottery commission shall	63967
promulgate rules under which a statewide lottery may be conducted,	63968
which includes, and since the original enactment of this section	63969
has included, the authority for the commission to operate video	63970
lottery terminal games. Any reference in this chapter to tickets	63971
shall not be construed to in any way limit the authority of the	63972
commission to operate video lottery terminal games. Nothing in	63973
this chapter shall restrict the authority of the commission to	63974
promulgate rules related to the operation of games utilizing video	63975
lottery terminals as described in section 3770.21 of the Revised	63976
Code. Provided, however, that no tickets shall be sold, offered	63977
for sale, or purchased from a licensed lottery sales agent or the	63978
commission by telephone or by the use of computer, credit card,	63979
debit card, or fascimile services. The rules shall be promulgated	63980
pursuant to Chapter 119. of the Revised Code, except that instant	63981
game rules shall be promulgated pursuant to section 111.15 of the	63982
Revised Code but are not subject to division (D) of that section.	63983
Subjects covered in these rules shall include, but need not be	63984
limited to, the following:	63985

(1) The type of lottery to be conducted;

63986

(2) The prices of tickets in the lottery;

63987

(3) The number, nature, and value of prize awards, the manner	63988
and frequency of prize drawings, and the manner in which prizes	63989
shall be awarded to holders of winning tickets.	63990

(B) The commission shall promulgate rules, in addition to	63991
those described in division (A) of this section, pursuant to	63992
Chapter 119. of the Revised Code under which a statewide lottery	63993
and statewide joint lottery games may be conducted. Subjects	63994
covered in these rules shall include, but not be limited to, the	63995
following:	63996

(1) The locations at which lottery tickets may be sold and	63997
the manner in which they are to be sold. These rules may authorize	63998
the sale of lottery tickets by commission personnel or other	63999
licensed individuals from traveling show wagons at the state fair,	64000
and at any other expositions the director of the commission	64001
considers acceptable. These rules shall prohibit commission	64002
personnel or other licensed individuals from soliciting from an	64003
exposition the right to sell lottery tickets at that exposition,	64004
but shall allow commission personnel or other licensed individuals	64005
to sell lottery tickets at an exposition if the exposition	64006
requests commission personnel or licensed individuals to do so.	64007
These rules may also address the accessibility of sales agent	64008
locations to commission products in accordance with the "Americans	64009
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	64010
et seq.	64011

(2) The manner in which lottery sales revenues are to be	64012
collected, including authorization for the director to impose	64013
penalties for failure by lottery sales agents to transfer revenues	64014
to the commission in a timely manner;	64015

(3) The amount of compensation to be paid licensed lottery	64016
sales agents;	64017

(4) The substantive criteria for the licensing of lottery	64018
sales agents consistent with section 3770.05 of the Revised Code,	64019
and procedures for revoking or suspending their licenses	64020
consistent with Chapter 119. of the Revised Code. If	64021
circumstances, such as the nonpayment of funds owed by a lottery	64022
sales agent, or other circumstances related to the public safety,	64023
convenience, or trust, require immediate action, the director may	64024
suspend a license without affording an opportunity for a prior	64025
hearing under section 119.07 of the Revised Code.	64026

(5) Special game rules to implement any agreements signed by	64027
the governor that the director enters into with other lottery	64028
jurisdictions under division (J) of section 3770.02 of the Revised	64029
Code to conduct statewide joint lottery games. The rules shall	64030
require that the entire net proceeds of those games that remain,	64031
after associated operating expenses, prize disbursements, lottery	64032
sales agent bonuses, commissions, and reimbursements, and any	64033
other expenses necessary to comply with the agreements or the	64034
rules are deducted from the gross proceeds of those games, be	64035
transferred to the lottery profits education fund under division	64036
(B) of section 3770.06 of the Revised Code.	64037

(6) Any other subjects the commission determines are	64038
necessary for the operation of video lottery terminal games,	64039
including the establishment of any fees, fines, or payment	64040
schedules.	64041

(C) Chapter 2915. of the Revised Code does not apply to,	64042
affect, or prohibit lotteries conducted pursuant to this chapter.	64043

(D) The commission may promulgate rules, in addition to those	64044
described in divisions (A) and (B) of this section, that establish	64045
standards governing the display of advertising and celebrity	64046
images on lottery tickets and on other items that are used in the	64047
conduct of, or to promote, the statewide lottery and statewide	64048
joint lottery games. Any revenue derived from the sale of	64049
advertising displayed on lottery tickets and on those other items	64050
shall be considered, for purposes of section 3770.06 of the	64051
Revised Code, to be related proceeds in connection with the	64052
statewide lottery or gross proceeds from statewide joint lottery	64053
games, as applicable.	64054

(E)(1) The commission shall meet with the director at least	64055
once each month and shall convene other meetings at the request of	64056
the chairperson or any five of the members. No action taken by the	64057
commission shall be binding unless at least five of the members	64058
present vote in favor of the action. A written record shall be	64059
made of the proceedings of each meeting and shall be transmitted	64060
forthwith to the governor, the president of the senate, the senate	64061
minority leader, the speaker of the house of representatives, and	64062
the house minority leader.	64063

(2) The director shall present to the commission a report	64064
each month, showing the total revenues, prize disbursements, and	64065
operating expenses of the state lottery for the preceding month.	64066
As soon as practicable after the end of each fiscal year, the	64067
commission shall prepare and transmit to the governor and the	64068
general assembly a report of lottery revenues, prize	64069
disbursements, and operating expenses for the preceding fiscal	64070
year and any recommendations for legislation considered necessary	64071
by the commission.	64072

Sec. 3770.06. (A) There is hereby created the state lottery	64073
gross revenue fund, which shall be in the custody of the treasurer	64074
of state but shall not be part of the state treasury. All gross	64075
revenues received from sales of lottery tickets, fines, fees, and	64076
related proceeds in connection with the statewide lottery and all	64077
gross proceeds from statewide joint lottery games shall be	64078
deposited into the fund. The treasurer of state shall invest any	64079
portion of the fund not needed for immediate use in the same	64080
manner as, and subject to all provisions of law with respect to	64081
the investment of, state funds. The treasurer of state shall	64082
disburse money from the fund on order of the director of the state	64083
lottery commission or the director's designee.	64084

Except for gross proceeds from statewide joint lottery games,	64085
all revenues of the state lottery gross revenue fund that are not	64086
paid to holders of winning lottery tickets, that are not required	64087
to meet short-term prize liabilities, that are not credited to	64088
lottery sales agents in the form of bonuses, commissions, or	64089
reimbursements, that are not paid to financial institutions to	64090
reimburse those institutions for sales agent nonsufficient funds,	64091
and that are collected from sales agents for remittance to	64092
insurers under contract to provide sales agent bonding services	64093
shall be transferred to the state lottery fund, which is hereby	64094
created in the state treasury. In addition, all revenues of the	64095
state lottery gross revenue fund that represent the gross proceeds	64096
from the statewide joint lottery games and that are not paid to	64097
holders of winning lottery tickets, that are not required to meet	64098
short-term prize liabilities, that are not credited to lottery	64099
sales agents in the form of bonuses, commissions, or	64100
reimbursements, and that are not necessary to cover operating	64101
expenses associated with those games or to otherwise comply with	64102
the agreements signed by the governor that the director enters	64103
into under division (J) of section 3770.02 of the Revised Code or	64104
the rules the commission adopts under division (B)(5) of section	64105
3770.03 of the Revised Code shall be transferred to the state	64106
lottery fund. All investment earnings of the fund shall be	64107
credited to the fund. Moneys shall be disbursed from the fund	64108
pursuant to vouchers approved by the director. Total disbursements	64109
for monetary prize awards to holders of winning lottery tickets in	64110
connection with the statewide lottery and purchases of goods and	64111
services awarded as prizes to holders of winning lottery tickets	64112
shall be of an amount equal to at least fifty per cent of the	64113
total revenue accruing from the sale of lottery tickets.	64114

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	64115
there is hereby established in the state treasury the lottery	64116
profits education fund. Whenever, in the judgment of the director	64117
of the state lottery commission, the amount to the credit of the	64118
state lottery fund that does not represent proceeds from statewide	64119
joint lottery games is in excess of that needed to meet the	64120
maturing obligations of the commission and as working capital for	64121
its further operations, the director of the state lottery	64122
commission shall recommend the amount of the excess to be	64123
transferred to the lottery profits education fund, and the	64124
director of budget and management may transfer the excess to the	64125
lottery profits education fund in connection with the statewide	64126
lottery. In addition, whenever, in the judgment of the director of	64127
the state lottery commission, the amount to the credit of the	64128
state lottery fund that represents proceeds from statewide joint	64129
lottery games equals the entire net proceeds of those games as	64130
described in division (B)(5) of section 3770.03 of the Revised	64131
Code and the rules adopted under that division, the director of	64132
the state lottery commission shall recommend the amount of the	64133
proceeds to be transferred to the lottery profits education fund,	64134
and the director of budget and management may transfer those	64135
proceeds to the lottery profits education fund. Investment	64136
earnings of the lottery profits education fund shall be credited	64137
to the fund.	64138

The lottery profits education fund shall be used solely for	64139
the support of elementary, secondary, vocational, and special	64140
education programs as determined in appropriations made by the	64141
general assembly, or as provided in applicable bond proceedings	64142
for the payment of debt service on obligations issued to pay costs	64143
of capital facilities, including those for a system of common	64144
schools throughout the state pursuant to section 2n of Article	64145
VIII, Ohio Constitution. When determining the availability of	64146
money in the lottery profits education fund, the director of	64147
budget and management may consider all balances and estimated	64148
revenues of the fund.	64149

(C) There is hereby established in the state treasury the	64150
deferred prizes trust fund. With the approval of the director of	64151
budget and management, an amount sufficient to fund annuity prizes	64152
shall be transferred from the state lottery fund and credited to	64153
the trust fund. The treasurer of state shall credit all earnings	64154
arising from investments purchased under this division to the	64155
trust fund. Within sixty days after the end of each fiscal year,	64156
the treasurer of state shall certify to the director of budget and	64157
management whether the actuarial amount of the trust fund is	64158
sufficient over the fund's life for continued funding of all	64159
remaining deferred prize liabilities as of the last day of the	64160
fiscal year just ended. Also, within that sixty days, the director	64161
of budget and management shall certify the amount of investment	64162
earnings necessary to have been credited to the trust fund during	64163
the fiscal year just ending to provide for such continued funding	64164
of deferred prizes. Any earnings credited in excess of the latter	64165
certified amount shall be transferred to the lottery profits	64166
education fund.	64167

To provide all or a part of the amounts necessary to fund	64168
deferred prizes awarded by the commission in connection with the	64169
statewide lottery, the treasurer of state, in consultation with	64170
the commission, may invest moneys contained in the deferred prizes	64171
trust fund which represents proceeds from the statewide lottery in	64172
obligations of the type permitted for the investment of state	64173
funds but whose maturities are thirty years or less.	64174
Notwithstanding the requirements of any other section of the	64175
Revised Code, to provide all or part of the amounts necessary to	64176
fund deferred prizes awarded by the commission in connection with	64177
statewide joint lottery games, the treasurer of state, in	64178
consultation with the commission, may invest moneys in the trust	64179
fund which represent proceeds derived from the statewide joint	64180
lottery games in accordance with the rules the commission adopts	64181
under division (B)(5) of section 3770.03 of the Revised Code.	64182
Investments of the trust fund are not subject to the provisions of	64183
division (A)(10) of section 135.143 of the Revised Code limiting	64184
to twenty-five per cent the amount of the state's total average	64185
portfolio that may be invested in debt interests and limiting to	64186
one-half of one per cent the amount that may be invested in debt	64187
interests of a single issuer.	64188

All purchases made under this division shall be effected on a	64189
delivery versus payment method and shall be in the custody of the	64190
treasurer of state.	64191

The treasurer of state may retain an investment advisor, if	64192
necessary. The commission shall pay any costs incurred by the	64193
treasurer of state in retaining an investment advisor.	64194

(D) The auditor of state shall conduct annual audits of all	64195
funds and any other audits as the auditor of state or the general	64196
assembly considers necessary. The auditor of state may examine all	64197
records, files, and other documents of the commission, and records	64198
of lottery sales agents that pertain to their activities as	64199
agents, for purposes of conducting authorized audits.	64200

(E) The state lottery commission shall establish an internal	64201
audit ~~program~~plan before the beginning of each fiscal year,	64202
subject to the approval of the ~~auditor~~office of ~~state~~internal	64203
audit in the office of budget and management. At the end of each	64204
fiscal year, the commission shall prepare and submit an annual	64205
report to the ~~auditor~~office of ~~state~~internal audit for the	64206
~~auditor of state's~~office's review and approval, specifying the	64207
internal audit work completed by the end of that fiscal year and	64208
reporting on compliance with the annual internal audit ~~program.~~	64209
~~The form and content of the report shall be prescribed by the~~	64210
~~auditor of state under division (C) of section 117.20 of the~~	64211
~~Revised Code~~plan.	64212

~~(E)~~(F) Whenever, in the judgment of the director of budget	64213
and management, an amount of net state lottery proceeds is	64214
necessary to be applied to the payment of debt service on	64215
obligations, all as defined in sections 151.01 and 151.03 of the	64216
Revised Code, the director shall transfer that amount directly	64217
from the state lottery fund or from the lottery profits education	64218
fund to the bond service fund defined in those sections. The	64219
provisions of this division are subject to any prior pledges or	64220
obligation of those amounts to the payment of bond service charges	64221
as defined in division (C) of section 3318.21 of the Revised Code,	64222
as referred to in division (B) of this section.	64223

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	64224
the commission shall have authority to complete the functions of	64225
licensing, regulating, investigating, and penalizing casino	64226
operators, management companies, holding companies, key employees,	64227
casino gaming employees, and gaming-related vendors. The	64228
commission also shall have jurisdiction over all persons	64229
participating in casino gaming authorized by Section 6(C) of	64230
Article XV, Ohio Constitution, and this chapter.	64231

(B) All rules adopted by the commission under this chapter	64232
shall be adopted under procedures established in Chapter 119. of	64233
the Revised Code. The commission may contract for the services of	64234
experts and consultants to assist the commission in carrying out	64235
its duties under this section.	64236

(C) Within six months of September 10, 2010, the commission	64237
shall adopt initial rules as are necessary for completing the	64238
functions stated in division (A) of this section and for	64239
addressing the subjects enumerated in division (D) of this	64240
section.	64241

(D) The commission shall adopt, and as advisable and	64242
necessary shall amend or repeal, rules that include all of the	64243
following:	64244

(1) The prevention of practices detrimental to the public	64245
interest;	64246

(2) Prescribing the method of applying, and the form of	64247
application, that an applicant for a license under this chapter	64248
must follow as otherwise described in this chapter;	64249

(3) Prescribing the information to be furnished by an	64250
applicant or licensee as described in section 3772.11 of the	64251
Revised Code;	64252

(4) Describing the certification standards and duties of an	64253
independent testing laboratory certified under section 3772.31 of	64254
the Revised Code and the relationship between the commission, the	64255
laboratory, the gaming-related vendor, and the casino operator;	64256

(5) The minimum amount of insurance that must be maintained	64257
by a casino operator, management company, holding company, or	64258
gaming-related vendor;	64259

(6) The approval process for ~~a significant~~any change in	64260
~~ownership~~ or transfer of control of a ~~licensee~~casino operator as	64261
provided in section 3772.091 of the Revised Code;	64262

(7) The design of gaming supplies, devices, and equipment to	64263
be distributed by gaming-related vendors;	64264

(8) Identifying the casino gaming that is permitted,	64265
identifying the gaming supplies, devices, and equipment, that are	64266
permitted, defining the area in which the permitted casino gaming	64267
may be conducted, and specifying the method of operation according	64268
to which the permitted casino gaming is to be conducted as	64269
provided in section 3772.20 of the Revised Code, and requiring	64270
gaming devices and equipment to meet the standards of this state;	64271

(9) Tournament play in any casino facility;

64272

(10) Establishing and implementing a voluntary exclusion	64273
program that provides all of the following:	64274

(a) Except as provided by commission rule, a person who	64275
participates in the program shall agree to refrain from entering a	64276
casino facility.	64277

(b) The name of a person participating in the program shall	64278
be included on a list of persons excluded from all casino	64279
facilities.	64280

(c) Except as provided by commission rule, no person who	64281
participates in the program shall petition the commission for	64282
admittance into a casino facility.	64283

(d) The list of persons participating in the program and the	64284
personal information of those persons shall be confidential and	64285
shall only be disseminated by the commission to a casino operator	64286
and the agents and employees of the casino operator for purposes	64287
of enforcement and to other entities, upon request of the	64288
participant and agreement by the commission.	64289

(e) A casino operator shall make all reasonable attempts as	64290
determined by the commission to cease all direct marketing efforts	64291
to a person participating in the program.	64292

(f) A casino operator shall not cash the check of a person	64293
participating in the program or extend credit to the person in any	64294
manner. However, the program shall not exclude a casino operator	64295
from seeking the payment of a debt accrued by a person before	64296
participating in the program.	64297

(g) Any and all locations at which a person may register as a	64298
participant in the program shall be published.	64299

(11) Requiring the commission to adopt standards regarding	64300
the marketing materials of a licensed casino operator, including	64301
allowing the commission to prohibit marketing materials that are	64302
contrary to the adopted standards;	64303

(12) Requiring that the records, including financial	64304
statements, of any casino operator, management company, holding	64305
company, and gaming-related vendor be maintained in the manner	64306
prescribed by the commission and made available for inspection	64307
upon demand by the commission, but shall be subject to section	64308
3772.16 of the Revised Code;	64309

(13) Permitting a licensed casino operator, management	64310
company, key employee, or casino gaming employee to question a	64311
person suspected of violating this chapter;	64312

(14) The chips, tokens, tickets, electronic cards, or similar	64313
objects that may be purchased by means of an agreement under which	64314
credit is extended to a wagerer by a casino operator;	64315

(15) Establishing standards for provisional key employee	64316
licenses for a person who is required to be licensed as a key	64317
employee and is in exigent circumstances and standards for	64318
provisional licenses for casino gaming employees who submit	64319
complete applications and are compliant under an instant	64320
background check. A provisional license shall be valid not longer	64321
than three months. A provisional license may be renewed one time,	64322
at the commission's discretion, for an additional three months. In	64323
establishing standards with regard to instant background checks	64324
the commission shall take notice of criminal records checks as	64325
they are conducted under section 311.41 of the Revised Code using	64326
electronic fingerprint reading devices.	64327

(16) Establishing approval procedures for third-party	64328
engineering or accounting firms, as described in section 3772.09	64329
of the Revised Code;	64330

(17) Prescribing the manner in which winnings, compensation	64331
from casino gaming, and gross revenue must be computed and	64332
reported by a licensee as described in Chapter 5753. of the	64333
Revised Code;	64334

(18) Prescribing conditions under which a licensee's license	64335
may be suspended or revoked as described in section 3772.04 of the	64336
Revised Code;	64337

(19) Prescribing the manner and procedure of all hearings to	64338
be conducted by the commission or by any hearing examiner;	64339

(20) Prescribing technical standards and requirements that	64340
are to be met by security and surveillance equipment that is used	64341
at and standards and requirements to be met by personnel who are	64342
employed at casino facilities, and standards and requirements for	64343
the provision of security at and surveillance of casino	64344
facilities;	64345

(21) Prescribing requirements for a casino operator to	64346
provide unarmed security services at a casino facility by licensed	64347
casino employees, and the training that shall be completed by	64348
these employees;	64349

(22) Prescribing standards according to which casino	64350
operators shall keep accounts and standards according to which	64351
casino accounts shall be audited, and establish means of assisting	64352
the tax commissioner in levying and collecting the gross casino	64353
revenue tax levied under section 5753.02 of the Revised Code;	64354

(23) Defining penalties for violation of commission rules and	64355
a process for imposing such penalties subject to the review of the	64356
joint committee on gaming and wagering;	64357

(24) Establishing standards for decertifying contractors that	64358
violate statutes or rules of this state or the federal government;	64359

(25) Establishing standards for the repair of casino gaming	64360
equipment;	64361

(26) Establishing procedures to ensure that casino operators,	64362
management companies, and holding companies are compliant with the	64363
compulsive and problem gambling plan submitted under section	64364
3772.18 of the Revised Code;	64365

(27) Prescribing, for institutional investors in or holding	64366
companies of a casino operator, management company, holding	64367
company, or gaming-related vendor that fall below the threshold	64368
needed to be considered an institutional investor or a holding	64369
company, standards regarding what any employees, members, or	64370
owners of those investors or holding companies may do and shall	64371
not do in relation to casino facilities and casino gaming in this	64372
state, which standards shall rationally relate to the need to	64373
proscribe conduct that is inconsistent with passive institutional	64374
investment status;	64375

(28) Providing for any other thing necessary and proper for	64376
successful and efficient regulation of casino gaming under this	64377
chapter.	64378

(E) The commission shall employ and assign gaming agents as	64379
necessary to assist the commission in carrying out the duties of	64380
this chapter. In order to maintain employment as a gaming agent,	64381
the gaming agent shall successfully complete all continuing	64382
training programs required by the commission and shall not have	64383
been convicted of or pleaded guilty or no contest to a	64384
disqualifying offense as defined in section 3772.07 of the Revised	64385
Code.	64386

(F) The commission, as a law enforcement agency, and its	64387
gaming agents, as law enforcement officers as defined in section	64388
2901.01 of the Revised Code, shall have authority with regard to	64389
the detection and investigation of, the seizure of evidence	64390
allegedly relating to, and the apprehension and arrest of persons	64391
allegedly committing gaming offenses, and shall have access to	64392
casino facilities to carry out the requirements of this chapter.	64393

(G) The commission may eject or exclude or authorize the	64394
ejection or exclusion of and a gaming agent may eject a person	64395
from a casino facility for any of the following reasons:	64396

(1) The person's name is on the list of persons voluntarily	64397
excluding themselves from all casinos in a program established	64398
according to rules adopted by the commission;	64399

(2) The person violates or conspires to violate this chapter	64400
or a rule adopted thereunder; or	64401

(3) The commission determines that the person's conduct or	64402
reputation is such that the person's presence within a casino	64403
facility may call into question the honesty and integrity of the	64404
casino gaming operations or interfere with the orderly conduct of	64405
the casino gaming operations.	64406

(H) A person, other than a person participating in a	64407
voluntary exclusion program, may petition the commission for a	64408
public hearing on the person's ejection or exclusion under this	64409
chapter.	64410

(I) A casino operator or management company shall have the	64411
same authority to eject or exclude a person from the management	64412
company's casino facilities as authorized in division (G) of this	64413
section. The licensee shall immediately notify the commission of	64414
an ejection or exclusion.	64415

(J) The commission shall submit a written annual report with	64416
the governor, president and minority leader of the senate, speaker	64417
and minority leader of the house of representatives, and joint	64418
committee on gaming and wagering before the first day of September	64419
each year. The annual report shall include a statement describing	64420
the receipts and disbursements of the commission, relevant	64421
financial data regarding casino gaming, including gross revenues	64422
and disbursements made under this chapter, actions taken by the	64423
commission, an update on casino operators', management companies',	64424
and holding companies' compulsive and problem gambling plans and	64425
the voluntary exclusion program and list, and any additional	64426
information that the commission considers useful or that the	64427
governor, president or minority leader of the senate, speaker or	64428
minority leader of the house of representatives, or joint	64429
committee on gaming and wagering requests.	64430

(K) Notwithstanding any law to the contrary, beginning on	64431
July 1, 2011, the commission shall assume jurisdiction over and	64432
oversee the regulation of skill-based amusement machines as is	64433
provided in the law of this state.	64434

Sec. 3772.062. (A) The executive director of the commission	64435
shall enter into an agreement with the department of ~~alcohol and~~	64436
~~drug addiction services~~mental health and addiction services under	64437
which the department provides a program of gambling and addiction	64438
services on behalf of the commission.	64439

(B) The executive director of the commission, in conjunction	64440
with the department of ~~alcohol and drug addiction services~~mental	64441
health and addiction services and the state lottery commission,	64442
shall establish, operate, and publicize an in-state, toll-free	64443
telephone number Ohio residents may call to obtain basic	64444
information about problem gambling, the gambling addiction	64445
services available to problem gamblers, and how a problem gambler	64446
may obtain help. The telephone number shall be staffed twenty-four	64447
hours per day, seven days a week, to respond to inquiries and	64448
provide that information. The costs of establishing, operating,	64449
and publicizing the telephone number shall be paid for with money	64450
in the problem casino gambling and addictions fund.	64451

Sec. 3772.091. (A) NoA casino operator license issued under	64452
this chapter is transferable, subject to approval by the	64453
commission. ~~Except as provided in division (B) of this section,~~	64454
~~new majority ownership interest or~~Any such transfer shall require	64455
the filing of an application for transferring a casino operator	64456
license and submission of an application fee with the commission	64457
before the transfer may be approved.	64458

(B) A new majority ownership interest in or change in or	64459
transfer of control of a ~~licensee~~casino operator shall require a	64460
~~new license~~commission approval. ~~The commission may reopen a~~	64461
~~licensing investigation at any time. A significant~~Any such	64462
ownership interest in or change in or transfer of control~~, as~~	64463
~~determined by the commission,~~ shall require the filing of an	64464
application for ~~a new~~transferring the casino operator license and	64465
submission of ~~a license~~an application fee with the commission	64466
before ~~any such~~the ownership interest in or the change in or	64467
transfer of control ismay be approved. ~~A change in or transfer of~~	64468
~~control to an immediate family member is not considered a~~	64469
~~significant change under this section~~	64470

(C) An application for transferring a casino operator license	64471
shall be made under oath on forms prescribed by the commission and	64472
shall contain the information required by section 3772.11 of the	64473
Revised Code and the rules adopted thereunder.	64474

(D) The fee to obtain an application for transferring a	64475
casino operator license shall be the same as is required to obtain	64476
an application under division (C) of section 3772.17 of the	64477
Revised Code. Such an application fee may be increased to the	64478
extent that the actual review and investigation costs relating to	64479
an applicant exceed the fee set forth in this division. This	64480
application fee is nonrefundable and shall be deposited into the	64481
casino control commission fund.	64482

(E) In the determination of whether to approve the transfer	64483
of a casino operator license, the applicant shall prove their	64484
suitability for licensure by clear and convincing evidence and the	64485
commission shall consider all the factors established in this	64486
chapter that pertain to the granting of a casino operator license.	64487

(F) The commission may reopen a licensing investigation at	64488
any time.	64489

~~(B) An initial license shall not be considered transferred,~~	64490
~~and a new license shall not be required, when an initial licensee~~	64491
~~that is licensed before June 1, 2013, does or has done both of the~~	64492
~~following:~~	64493

~~(1) Obtains a majority ownership interest in, or a change in~~	64494
~~or transfer of control of, another initial licensee for the same~~	64495
~~casino facility; and~~	64496

~~(2) Was investigated under this chapter as a parent,~~	64497
~~affiliate, subsidiary, key employee, or partner, or joint venturer~~	64498
~~with another initial licensee that has held for the same casino~~	64499
~~facility a majority ownership interest in or control of the~~	64500
~~initial license when the initial license was issued and when such~~	64501
~~an initial licensee obtains a majority ownership interest in or a~~	64502
~~change in or transfer of control.~~	64503

~~(C)~~(G) As used in this section:

64504

~~(1) "Control"~~, "control" means either of the following:

64505

~~(a)~~(1) Either:

64506

~~(i)~~(a) Holding fifty per cent or more of the outstanding	64507
voting securities of a licensee; or	64508

~~(ii)~~(b) For an unincorporated licensee, having the right to	64509
fifty per cent or more of the profits of the licensee, or having	64510
the right in the event of dissolution to fifty per cent or more of	64511
the assets of the licensee.	64512

~~(b)~~(2) Having the contractual power presently to designate	64513
fifty per cent or more of the directors of a for-profit or	64514
not-for-profit corporation, or in the case of trusts described in	64515
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	64516
a trust.	64517

~~(2) "Initial license" means the first plenary license issued~~	64518
~~to an initial licensee.~~	64519

~~(3) "Initial licensee" means any of the persons issued an~~	64520
~~initial license to conduct or participate in conducting casino~~	64521
~~gaming at each casino facility as either a casino operator, a~~	64522
~~management company, or a holding company of a casino operator or~~	64523
~~management company.~~	64524

Sec. 3772.092. (A) Except as provided in division (A) of	64525
section 3772.091 of the Revised Code, no license issued under this	64526
chapter is transferable.	64527

(B) Except as provided in division (B) of section 3772.091 of	64528
the Revised Code, a new majority ownership interest in or a change	64529
in or transfer of control of a licensee shall require a new	64530
license. Any such ownership interest in or change in or transfer	64531
of control shall require the filing of the applicable application	64532
for a new license and submission of the applicable application and	64533
license fees with the commission before the new license may be	64534
issued.	64535

(C) An application for the applicable new license shall be	64536
made under oath on forms prescribed by the commission and shall	64537
contain the information required by this chapter and the rules	64538
adopted thereunder.	64539

(D) The applicable application and license fees shall be in	64540
the amounts prescribed in section 3772.17 of the Revised Code and	64541
the rules adopted thereunder. Such an application fee may be	64542
increased to the extent that the actual review and investigation	64543
costs relating to an applicant exceed the fee set forth in this	64544
division. The application fee is nonrefundable and shall be	64545
deposited into the casino control commission fund.	64546

(E) In the determination of whether to approve the	64547
application for a new license, the applicant shall prove their	64548
suitability for licensure by clear and convincing evidence and the	64549
commission shall consider all of the factors established in this	64550
chapter that pertain to the granting of such a license.	64551

(F) The commission may reopen a licensing investigation at	64552
any time.	64553

(G) As used in this section, "control" has the same meaning	64554
as in division (G) of section 3772.091 of the Revised Code.	64555

Sec. 3772.36. (A) There is hereby created in the state	64556
treasury the casino control commission enforcement fund. All	64557
moneys that are derived from any fines, mandatory fines, or	64558
forfeited bail to which the commission may be entitled under this	64559
chapter and all moneys that are derived from forfeitures of	64560
property to which the commission may be entitled under this	64561
chapter or Chapter 2981. of the Revised Code, any other provision	64562
of the Revised Code, or federal law shall be deposited into the	64563
fund. Subject to division (B) of this section and divisions (B),	64564
(C), and (D) of section 2981.13 of the Revised Code, the moneys in	64565
the fund shall be used solely to subsidize the commission's	64566
division of enforcement and its efforts to ensure the integrity of	64567
casino gaming.	64568

(B) Notwithstanding any contrary provision in the Revised	64569
Code, moneys that are derived from forfeitures of property under	64570
federal law and that are deposited into the casino control	64571
commission enforcement fund in accordance with division (A) of	64572
this section shall be used and accounted for in accordance with	64573
the applicable federal law, and the commission otherwise shall	64574
comply with federal law in connection with that money.	64575

Sec. 3781.112. (A) As used in this section, "secured	64576
facility" means any of the following:	64577

(1) A maternity unit, newborn care nursery, or maternity home	64578
licensed under Chapter 3711. of the Revised Code;	64579

(2) A pediatric intensive care unit subject to rules adopted	64580
by the director of health pursuant to section 3702.11 of the	64581
Revised Code;	64582

(3) A children's hospital, as defined in section 3727.01 of	64583
the Revised Code;	64584

(4) A hospital that is licensed under section ~~5119.20~~5119.33	64585
of the Revised Code to receive mentally ill persons;	64586

(5) The portion of a nursing home licensed under section	64587
3721.02 of the Revised Code or in accordance with section 3721.09	64588
of the Revised Code in which specialized care is provided to	64589
residents of the nursing home who have physical or mental	64590
conditions that require a resident to be restricted in the	64591
resident's freedom of movement for the health and safety of the	64592
resident, the staff attending the resident, or the general public.	64593

(B) A secured facility may take reasonable steps in	64594
accordance with rules the board of building standards adopts under	64595
division (A) of section 3781.10 of the Revised Code and in	64596
accordance with the state fire code the fire marshal adopts under	64597
section 3737.82 of the Revised Code, to deny egress to confine and	64598
protect patients or residents of the secured facility who are not	64599
capable of self-preservation. A secured facility that wishes to	64600
deny egress to those patients or residents may use delayed-egress	64601
doors and electronically coded doors to deny egress, on the	64602
condition that those doors are installed and used in accordance	64603
with rules the board of building standards adopts under division	64604
(A) of section 3781.10 of the Revised Code and in accordance with	64605
the state fire code the fire marshal adopts under section 3737.82	64606
of the Revised Code. A secured facility also may install	64607
controlled-egress locks, in compliance with rules the board of	64608
building standards adopts under division (A) of section 3781.10 of	64609
the Revised Code and in compliance with the state fire code the	64610
fire marshal adopts under section 3737.82 of the Revised Code, in	64611
areas of the secured facility where patients or residents who have	64612
physical or mental conditions that would endanger the patients or	64613
residents, the staff attending the patients or residents, or the	64614
general public if those patients or residents are not restricted	64615
in their freedom of movement. A secured facility that uses	64616
delayed-egress doors and electronically coded doors,	64617
controlled-egress locks, or both, shall do both of the following:	64618

(1) Provide continuous, twenty-four-hour custodial care to	64619
the patients or residents of the facility;	64620

(2) Establish a system to evacuate patients or residents in	64621
the event of fire or other emergency.	64622

Sec. 3798.01. As used in this chapter:

64623

(A) "Administrative safeguards," "physical safeguards," and	64624
"technical safeguards" have the same meanings as in 45 C.F.R.	64625
164.304.	64626

(B) "Approved health information exchange" means a health	64627
information exchange that has been approved or reapproved by the	64628
director of job and family services pursuant to the approval or	64629
reapproval process, as applicable, the director establishes in	64630
rules adopted under division (A) of section 3798.15 of the Revised	64631
Code or that has been certified by the office of the national	64632
coordinator for health information technology in the United States	64633
department of health and human services.	64634

(C) "Covered entity," "disclosure," "health care provider,"	64635
"health information," "individually identifiable health	64636
information," "protected health information," and "use" have the	64637
same meanings as in 45 C.F.R. 160.103.	64638

(D) "Designated record set" has the same meaning as in 45	64639
C.F.R. 164.501.	64640

(E) "Direct exchange" means the activity of electronic	64641
transmission of health information through a direct connection	64642
between the electronic record systems of health care providers	64643
without the use of a health information exchange.	64644

(F) "Health care component" and "hybrid entity" have the same	64645
meanings as in 45 C.F.R. 164.103.	64646

(G) "Health information exchange" means any person or	64647
governmental entity that provides in this state a technical	64648
infrastructure to connect computer systems or other electronic	64649
devices used by covered entities to facilitate the secure	64650
transmission of health information. "Health information exchange"	64651
excludes health care providers engaged in direct exchange,	64652
including direct exchange through the use of a health information	64653
service provider.	64654

(H) "HIPAA privacy rule" means the standards for privacy of	64655
individually identifiable health information in 45 C.F.R. part 160	64656
and in 45 C.F.R. part 164, subparts A and E.	64657

(I) "Interoperability" means the capacity of two or more	64658
information systems to exchange information in an accurate,	64659
effective, secure, and consistent manner.	64660

(J) "Minor" means an unemancipated person under eighteen	64661
years of age or a mentally or physically disabled person under	64662
twenty-one years of age who meets criteria specified in rules	64663
adopted by the director of job and family services under section	64664
3798.13 of the Revised Code.	64665

(K) "More stringent" has the same meaning as in 45 C.F.R.	64666
160.202.	64667

(L) "Office of health transformation" means the office of	64668
health transformation created by executive order 2011-02K or a	64669
successor governmental entity responsible for health system	64670
oversight in this state.	64671

(M) "Personal representative" means a person who has	64672
authority under applicable law to make decisions related to health	64673
care on behalf of an adult or emancipated minor, or the parent,	64674
legal guardian, or other person acting in loco parentis who is	64675
authorized under law to make health care decisions on behalf of an	64676
unemancipated minor. "Personal representative" does not include	64677
the parent or legal guardian of, or another person acting in loco	64678
parentis to, a minor who consents to the minor's own receipt of	64679
health care or a minor who makes medical decisions on the minor's	64680
own behalf pursuant to law, court approval, or because the minor's	64681
parent, legal guardian, or other person acting in loco parentis	64682
has assented to an agreement of confidentiality between the	64683
provider and the minor.	64684

(N) "Political subdivision" means a municipal corporation,	64685
township, county, school district, or other body corporate and	64686
politic responsible for governmental activities in a geographic	64687
area smaller than that of the state.	64688

(O) "State agency" means any one or more of the following:

64689

(1) The department of aging;

64690

(2) The department of ~~alcohol and drug addiction services~~	64691
mental health and addiction services;	64692

(3) The department of developmental disabilities;

64693

(4) The department of education;

64694

(5) The department of health;

64695

(6) The department of insurance;

64696

(7) The department of job and family services;

64697

(8) The department of ~~mental health~~medicaid;

64698

(9) The department of rehabilitation and correction;

64699

(10) The department of youth services;

64700

(11) The bureau of workers' compensation;

64701

(12) The rehabilitation services commission;

64702

(13) The office of the attorney general;

64703

(14) A health care licensing board created under Title XLVII	64704
of the Revised Code that possesses individually identifiable	64705
health information.	64706

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	64707
the Revised Code do not apply to the following:	64708

(A) Policies offering coverage that is regulated under	64709
Chapters 3935. and 3937. of the Revised Code;	64710

(B) An employer's self-insurance plan and any of its	64711
administrators, as defined in section 3959.01 of the Revised Code,	64712
to the extent that federal law supersedes, preempts, prohibits, or	64713
otherwise precludes the application of any provisions of those	64714
sections to the plan and its administrators;	64715

(C) A third-party payer for coverage provided under the	64716
medicare advantage program operated under Title XVIII of the	64717
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	64718
amended;	64719

(D) A third-party payer for coverage provided under the	64720
medicaid program ~~operated under Title XIX of the "Social Security~~	64721
~~Act~~," except that if a federal waiver applied for under section	64722
~~5111.178~~5167.25 of the Revised Code is granted or the medicaid	64723
director ~~of job and family services~~ determines that this provision	64724
can be implemented without a waiver, sections 3901.38 and 3901.381	64725
to 3901.3813 of the Revised Code apply to claims submitted	64726
electronically or non-electronically that are made with respect to	64727
coverage of medicaid recipients by health insuring corporations	64728
licensed under Chapter 1751. of the Revised Code, instead of the	64729
prompt payment requirements of 42 C.F.R. 447.46;	64730

(E) A third-party payer for coverage provided under the	64731
tricare program offered by the United States department of	64732
defense.	64733

Sec. 3903.14. (A) The superintendent of insurance as	64734
rehabilitator may appoint one or more special deputies, who shall	64735
have all the powers and responsibilities of the rehabilitator	64736
granted under this section, and the superintendent may employ such	64737
clerks and assistants as considered necessary. The compensation of	64738
the special deputies, clerks, and assistants and all expenses of	64739
taking possession of the insurer and of conducting the proceedings	64740
shall be fixed by the superintendent, with the approval of the	64741
court and shall be paid out of the funds or assets of the insurer.	64742
The persons appointed under this section shall serve at the	64743
pleasure of the superintendent. In the event that the property of	64744
the insurer does not contain sufficient cash or liquid assets to	64745
defray the costs incurred, the superintendent may advance the	64746
costs so incurred out of any appropriation for the maintenance of	64747
the department of insurance. Any amounts so advanced for expenses	64748
of administration shall be repaid to the superintendent for the	64749
use of the department out of the first available money of the	64750
insurer.	64751

(B) The rehabilitator may take such action as the	64752
rehabilitator considers necessary or appropriate to reform and	64753
revitalize the insurer. The rehabilitator shall have all the	64754
powers of the directors, officers, and managers, whose authority	64755
shall be suspended, except as they are redelegated by the	64756
rehabilitator. The rehabilitator shall have full power to direct	64757
and manage, to hire and discharge employees subject to any	64758
contract rights they may have, and to deal with the property and	64759
business of the insurer.	64760

(C) If it appears to the rehabilitator that there has been	64761
criminal or tortious conduct, or breach of any contractual or	64762
fiduciary obligation detrimental to the insurer by any officer,	64763
manager, agent, director, trustee, broker, employee, or other	64764
person, the rehabilitator may pursue all appropriate legal	64765
remedies on behalf of the insurer.	64766

(D) If the rehabilitator determines that reorganization,	64767
consolidation, conversion, reinsurance, merger, or other	64768
transformation of the insurer is appropriate, the rehabilitator	64769
shall prepare a plan to effect such changes. Upon application of	64770
the rehabilitator for approval of the plan, and after such notice	64771
and hearings as the court may prescribe, the court may either	64772
approve or disapprove the plan proposed, or may modify it and	64773
approve it as modified. Any plan approved under this section shall	64774
be, in the judgment of the court, fair and equitable to all	64775
parties concerned. If the plan is approved, the rehabilitator	64776
shall carry out the plan. In the case of a life insurer, the plan	64777
proposed may include the imposition of liens upon the policies of	64778
the company, if all rights of shareholders are first relinquished.	64779
A plan for a life insurer may also propose imposition of a	64780
moratorium upon loan and cash surrender rights under policies, for	64781
such period and to such an extent as may be necessary.	64782

(E) In the case of a medicaid health insuring corporation	64783
that has posted a bond or deposited securities in accordance with	64784
section 1751.271 of the Revised Code, the plan proposed under	64785
division (D) of this section may include the use of the proceeds	64786
of the bond or securities to first pay the claims of contracted	64787
providers for covered health care services provided to medicaid	64788
recipients, then next to pay other claimants with any remaining	64789
funds, consistent with the priorities set forth in sections	64790
3903.421 and 3903.42 of the Revised Code.	64791

(F) The rehabilitator shall have the power under sections	64792
3903.26 and 3903.27 of the Revised Code to avoid fraudulent	64793
transfers.	64794

(G) As used in this section:

64795

(1) "Contracted provider" means a provider with a contract	64796
with a medicaid health insuring corporation to provide covered	64797
health care services to medicaid recipients.	64798

(2) "Medicaid recipient" means a person ~~eligible for~~	64799
~~assistance under~~enrolled in the medicaid program ~~operated~~	64800
~~pursuant to Chapter 5111. of the Revised Code~~.	64801

Sec. 3905.40. There shall be paid to the superintendent of	64802
insurance the following fees:	64803

(A) Each insurance company doing business in this state shall	64804
pay:	64805

(1) For filing a copy of its charter or deed of settlement,	64806
two hundred fifty dollars;	64807

(2) For filing each statement, one hundred seventy-five	64808
dollars;	64809

(3) For each certificate of authority or license, one hundred	64810
seventy-five, and for each certified copy thereof, five dollars;	64811

(4) For each copy of a paper filed in the superintendent's	64812
office, twenty cents per page;	64813

(5) For issuing certificates of deposits or certified copies	64814
thereof, five dollars for the first certificate or copy and one	64815
dollar for each additional certificate or copy;	64816

(6) For issuing certificates of compliance or certified	64817
copies thereof, sixty dollars;	64818

(7) For affixing the seal of office and certifying documents,	64819
other than those enumerated herein, two dollars;	64820

(8) For each agent appointment and each annual renewal of an	64821
agent appointment, not more than twenty dollars;	64822

~~(9) For each termination of an agent appointment, five~~	64823
~~dollars~~.	64824

(B) Each domestic life insurance company doing business in	64825
this state shall pay for annual valuation of its policies, one	64826
cent on every one thousand dollars of insurance.	64827

(C) Each applicant for licensure as an insurance agent except	64828
applicants for licensure as surety bail bond agents, surplus line	64829
brokers, and portable electronics insurance vendors shall pay ten	64830
dollars for each line of authority requested. Fees collected under	64831
this division shall be credited to the department of insurance	64832
operating fund created in section 3901.021 of the Revised Code.	64833

(D) Each domestic mutual life insurance company shall pay for	64834
verifying that any amendment to its articles of incorporation was	64835
regularly adopted, two hundred fifty dollars with each application	64836
for verification. Any such amendment shall be considered to have	64837
been regularly adopted when approved by the affirmative vote of	64838
two-thirds of the policyholders present in person or by proxy at	64839
any annual meeting of policyholders or at a special meeting of	64840
policyholders called for that purpose.	64841

(E) Each insurance agent doing business in this state shall	64842
pay a biennial license renewal fee of twenty-five dollars, except	64843
the following insurance agents are not required to pay that	64844
license renewal fee:	64845

(1) Individual resident agents who have met their continuing	64846
education requirements under section 3905.481 of the Revised Code;	64847

(2) Surety bail bond agents;

64848

(3) Surplus line brokers;

64849

(4) Portable electronics insurance vendors.

64850

(F) Each applicant for licensure as a portable electronics	64851
insurance vendor with a portable electronics insurance limited	64852
lines license and each licensed vendor doing business in this	64853
state shall pay the following fees prescribed by the	64854
superintendent:	64855

(1) For vendors engaged in portable electronic transactions	64856
at more than ten locations in this state, an application fee not	64857
to exceed five thousand dollars for an initial license and a	64858
biennial license renewal fee not to exceed two thousand five	64859
hundred dollars for each renewal thereafter;	64860

(2) For vendors engaged in portable electronic transactions	64861
at ten or fewer locations in this state, an application fee not to	64862
exceed three thousand dollars for an initial license and a	64863
biennial license renewal fee not to exceed one thousand dollars	64864
for each renewal thereafter.	64865

(G) All fees collected by the superintendent under this	64866
section except any fees collected under divisions (A)(2), (3), and	64867
(6) of this section shall be credited to the department of	64868
insurance operating fund created under section 3901.021 of the	64869
Revised Code.	64870

Sec. 3905.483. (A) There is hereby created the insurance	64871
agent education advisory council to advise the superintendent of	64872
insurance in carrying out the duties imposed under sections	64873
3905.04 and 3905.481 to 3905.486 of the Revised Code.	64874

(B) The council shall be composed of the superintendent, or	64875
the superintendent's designee, and twelve members appointed by the	64876
superintendent, as follows:	64877

(1) One representative of the association of Ohio life	64878
insurance companies;	64879

(2) One representative of the independent insurance agents of	64880
Ohio;	64881

(3) One representative of the Ohio association of health	64882
underwriters;	64883

(4) One representative of the national association of	64884
insurance and financial advisors-Ohio;	64885

(5) One representative of the Ohio insurance institute;

64886

(6) One representative of the professional insurance agents	64887
association of Ohio;	64888

(7) One representative of the Ohio land title association;

64889

(8) Two insurance agents each of whom has been licensed	64890
continuously during the five-year period immediately preceding the	64891
agent's appointment;	64892

(9) One representative of an insurance company admitted to	64893
transact business in this state;	64894

(10) Two representatives of consumers, one of whom shall be	64895
at least ~~sixty~~fifty years of age.	64896

(C)(1) Of the initial eleven appointments made by the	64897
superintendent, three shall be for terms ending December 31, 1994,	64898
four shall be for terms ending December 31, 1995, and four shall	64899
be for terms ending December 31, 1996. Thereafter, terms of office	64900
shall be for three years, each term ending on the thirty-first day	64901
of December of the third year.	64902

(2) The initial appointment of the twelfth member made by the	64903
superintendent under division (B)(7) of this section, pursuant to	64904
Am. Sub. S.B. 129 of the 124th general assembly, shall be for a	64905
term ending December 31, 2003. Thereafter, the term of office	64906
shall be for three years, ending on the thirty-first day of	64907
December of the third year.	64908

(D) Each member shall hold office from the date of	64909
appointment until the end of the term for which the member was	64910
appointed. Any member appointed to fill a vacancy occurring prior	64911
to the expiration of the term for which the member's predecessor	64912
was appointed shall hold office for the remainder of such term.	64913
Any member shall continue in office subsequent to the expiration	64914
date of the member's term until the member's successor takes	64915
office, or until a period of sixty days has elapsed, whichever	64916
occurs first. A vacancy shall be filled in the same manner as the	64917
original appointment.	64918

(E) Initial appointments to the council shall be made no	64919
later than thirty days after April 16, 1993. The initial	64920
appointment of the twelfth member to the council under division	64921
(B)(7) of this section, pursuant to Am. Sub. S.B. 129 of the 124th	64922
general assembly, shall be made no later than December 31, 2002.	64923

(F) Any member is eligible for reappointment. The	64924
superintendent, after notice and opportunity for a hearing, may	64925
remove for cause any member the superintendent appoints.	64926

(G) The superintendent or the superintendent's designee shall	64927
serve as chairperson of the council. Meetings shall be held upon	64928
the call of the chairperson and as may be provided by procedures	64929
adopted by the superintendent. Seven members of the council	64930
constitute a quorum.	64931

(H) Each member shall receive mileage and necessary and	64932
actual expenses while engaged in the business of the council.	64933

Sec. 3905.862. Upon the expiration or cancellation of a	64934
surety bail bond agent's appointment, the agent shall not engage	64935
or attempt to engage in any activity requiring such an	64936
appointment. However, an insurer that cancels the appointment of a	64937
surety bail bond agent may authorize the agent to continue to	64938
attempt the arrest and surrender of a defendant for whom a bail	64939
bond had been written prior to the cancellation and to seek	64940
discharge of forfeitures and judgments.	64941

~~An insurer that cancels the appointment of a surety bail bond~~	64942
~~agent or allows that appointment to expire shall pay to the~~	64943
~~superintendent of insurance a fee pursuant to division (A)(9) of~~	64944
~~section 3905.40 of the Revised Code.~~	64945

Sec. 3916.06. (A)(1) With each application for a viatical	64946
settlement, a viatical settlement provider or viatical settlement	64947
broker shall disclose at least the following to a viator no later	64948
than the time all parties sign the application for the viatical	64949
settlement contract:	64950

(a) That there are possible alternatives to viatical	64951
settlement contracts, including any accelerated death benefits	64952
offered under the viator's policy;	64953

(b) That some or all of the proceeds of the viatical	64954
settlement may be subject to federal income taxation and state	64955
franchise and income taxation, and that assistance should be	64956
sought from a professional tax advisor;	64957

(c) That the proceeds of the viatical settlement could be	64958
subject to the claims of creditors;	64959

(d) That receipt of the proceeds of the viatical settlement	64960
may adversely affect the viator's eligibility for ~~medical~~	64961
~~assistance under Chapter 5111. of the Revised Code~~the medicaid	64962
program or other government benefits or entitlements, and that	64963
advice should be obtained from the appropriate government	64964
agencies;	64965

(e) That the viator has a right to rescind the viatical	64966
settlement contract for at least fifteen calendar days after the	64967
viator receives the viatical settlement proceeds, as provided in	64968
section 3916.08 of the Revised Code. If the insured dies during	64969
the rescission period, the viatical settlement contract shall be	64970
deemed to have been rescinded, subject to repayment of all	64971
viatical settlement proceeds to the viatical settlement company.	64972

(f) That funds will be sent to the viator within three	64973
business days after the viatical settlement provider has received	64974
written acknowledgment from the insurer or group administrator	64975
that ownership of the policy or interest in the certificate has	64976
been transferred and that the beneficiary has been designated	64977
pursuant to the viatical settlement contract;	64978

(g) That entering into a viatical settlement contract may	64979
cause other rights or benefits, including conversion rights and	64980
waiver of premium benefits that may exist under the policy, to be	64981
forfeited by the viator and that assistance should be sought from	64982
a financial advisor.	64983

(h) That following execution of the viatical settlement	64984
contract, the viatical settlement provider or the authorized	64985
representative of the viatical settlement provider may contact the	64986
insured for the purpose of determining the insured's health status	64987
and to confirm the insured's residential or business address and	64988
telephone number or for other purposes permitted by law. Any such	64989
contact shall be limited to once in any three-month period if the	64990
insured has a life expectancy of more than one year or to once per	64991
month if the insured has a life expectancy of one year or less.	64992

(2) The viatical settlement provider or viatical settlement	64993
broker shall provide the disclosures under division (A)(1) of this	64994
section in a separate document that is signed by the viator and	64995
the viatical settlement provider or viatical settlement broker.	64996

(3) Disclosure to a viator under division (A)(1) of this	64997
section shall include distribution of a brochure describing the	64998
process of viatical settlements. The viatical settlement provider	64999
or viatical settlement broker shall use the NAIC's form for the	65000
brochure unless another form is developed or approved by the	65001
superintendent.	65002

(4) The disclosure document under division (A)(1) of this	65003
section shall contain the following language:	65004

"All medical, financial, or personal information solicited or	65005
obtained by a viatical settlement provider or viatical settlement	65006
broker about an insured, including the insured's identity or the	65007
identity of family members, a spouse, or a significant other may	65008
be disclosed as necessary to effect the viatical settlement	65009
between the viator and the viatical settlement provider. If you	65010
are asked to provide this information, you will be asked to	65011
consent to the disclosure. The information may be provided to	65012
someone who buys the policy or provides funds for the purchase.	65013
You may be asked to renew your permission to share information	65014
every two years."	65015

(B)(1) A viatical settlement provider shall disclose at least	65016
the following to a viator prior to the date the viatical	65017
settlement contract is signed by all the necessary parties:	65018

(a) The affiliation, if any, between the viatical settlement	65019
provider and the issuer of the policy to be viaticated;	65020

(b) The name, business address, and telephone number of the	65021
viatical settlement provider;	65022

(c) Regarding a viatical settlement broker, the amount and	65023
method of calculating the broker's compensation. As used in this	65024
division, "compensation" includes anything of value paid or given	65025
to a viatical settlement broker for the placement of a policy or	65026
certificate.	65027

(d) Any affiliations or contractual arrangements between the	65028
viatical settlement provider and the viatical settlement broker;	65029

(e) If a policy to be viaticated has been issued as a joint	65030
policy or involves family riders or any coverage of a life other	65031
than the insured under the policy to be viaticated, the possible	65032
loss of coverage on the other lives under the policy and that	65033
advice should be sought from the viator's insurance agent or the	65034
company issuing the policy;	65035

(f) The dollar amount of the current death benefit payable to	65036
the viatical settlement provider under the policy, and, if known,	65037
the availability of any additional guaranteed insurance benefits,	65038
the dollar amount of any accidental death and dismemberment	65039
benefits under the policy, and the extent to which the viator's	65040
interest in those benefits will be transferred as a result of the	65041
viatical settlement contract.	65042

(g) That an escrow agent shall provide escrow services to the	65043
parties pursuant to a written agreement, signed by the viatical	65044
settlement provider, the viatical settlement broker, and the	65045
viator. At the close of escrow, the escrow agent will distribute	65046
the proceeds of the sale to the viator, minus any compensation to	65047
be paid to any other persons who provided services and to whom the	65048
viator has agreed to compensate out of the gross amount offered by	65049
the viatical settlement purchaser. All persons receiving any form	65050
of compensation under the escrow agreement shall be clearly	65051
identified, including name, business address, telephone number,	65052
and tax identification number.	65053

(2) The viatical settlement broker shall disclose at least	65054
the following to a viator prior to the execution of the viatical	65055
settlement contract:	65056

(a) The name, business address, and telephone number of the	65057
viatical settlement broker;	65058

(b) A full, complete, and accurate description of all offers,	65059
counteroffers, acceptances, and rejections relating to the	65060
proposed viatical settlement contract;	65061

(c) Any affiliations or contractual agreements between the	65062
viatical settlement broker and any person making an offer in	65063
connection with the proposed viatical settlement contract;	65064

(d) The amount and method of calculating the viatical	65065
settlement broker's compensation and, if any portion of the	65066
viatical settlement broker's compensation is taken from the	65067
viatical settlement offer, the total amount of the viatical	65068
settlement offer and the viatical settlement broker's compensation	65069
as a percentage of that total. As used in this division,	65070
"compensation" includes anything of value paid or given to a	65071
viatical settlement broker related to the settlement of a policy.	65072

(3) The viatical settlement provider or viatical settlement	65073
broker shall conspicuously display the disclosures required under	65074
divisions (B)(1) and (2) of this section in the viatical	65075
settlement contract or in a separate document signed by the viator	65076
and the viatical settlement provider or viatical settlement	65077
broker, as appropriate.	65078

(C) If the viatical settlement provider transfers ownership	65079
or changes the beneficiary of the policy, the viatical settlement	65080
provider shall communicate in writing the change in ownership or	65081
beneficiary to the insured within twenty days after the change.	65082

Sec. 3923.24. (A) Notwithstanding section 3901.71 of the	65083
Revised Code, every certificate furnished by an insurer in	65084
connection with, or pursuant to any provision of, any group	65085
sickness and accident insurance policy delivered, issued for	65086
delivery, renewed, or used in this state on or after January 1,	65087
1972, every policy of sickness and accident insurance delivered,	65088
issued for delivery, renewed, or used in this state on or after	65089
January 1, 1972, and every multiple employer welfare arrangement	65090
offering an insurance program, which provides that coverage of an	65091
unmarried dependent child of a parent or legal guardian will	65092
terminate upon attainment of the limiting age for dependent	65093
children specified in the contract shall also provide in substance	65094
both of the following:	65095

(1) Once an unmarried child has attained the limiting age for	65096
dependent children, as provided in the policy, upon the request of	65097
the insured, the insurer shall offer to cover the unmarried child	65098
until the child attains twenty-eight years of age if all of the	65099
following are true:	65100

(a) The child is the natural child, stepchild, or adopted	65101
child of the insured.	65102

(b) The child is a resident of this state or a full-time	65103
student at an accredited public or private institution of higher	65104
education.	65105

(c) The child is not employed by an employer that offers any	65106
health benefit plan under which the child is eligible for	65107
coverage.	65108

(d) The child is not eligible for ~~coverage under~~ the medicaid	65109
program ~~established under Chapter 5111. of the Revised Code~~ or the	65110
medicare program ~~established under Title XVIII of the "Social~~	65111
~~Security Act," 42 U.S.C. 1395~~.	65112

(2) That attainment of the limiting age for dependent	65113
children shall not operate to terminate the coverage of a	65114
dependent child if the child is and continues to be both of the	65115
following:	65116

(a) Incapable of self-sustaining employment by reason of	65117
mental retardation or physical handicap;	65118

(b) Primarily dependent upon the policyholder or certificate	65119
holder for support and maintenance.	65120

(B) Proof of such incapacity and dependence for purposes of	65121
division (A)(2) of this section shall be furnished by the	65122
policyholder or by the certificate holder to the insurer within	65123
thirty-one days of the child's attainment of the limiting age.	65124
Upon request, but not more frequently than annually after the	65125
two-year period following the child's attainment of the limiting	65126
age, the insurer may require proof satisfactory to it of the	65127
continuance of such incapacity and dependency.	65128

(C) Nothing in this section shall require an insurer to cover	65129
a dependent child who is mentally retarded or physically	65130
handicapped if the contract is underwritten on evidence of	65131
insurability based on health factors set forth in the application,	65132
or if such dependent child does not satisfy the conditions of the	65133
contract as to any requirement for evidence of insurability or	65134
other provision of the contract, satisfaction of which is required	65135
for coverage thereunder to take effect. In any such case, the	65136
terms of the contract shall apply with regard to the coverage or	65137
exclusion of the dependent from such coverage. Nothing in this	65138
section shall apply to accidental death or dismemberment benefits	65139
provided by any such policy of sickness and accident insurance.	65140

(D) Nothing in this section shall do any of the following:

65141

(1) Require that any policy offer coverage for dependent	65142
children or provide coverage for an unmarried dependent child's	65143
children as dependents on the policy;	65144

(2) Require an employer to pay for any part of the premium	65145
for an unmarried dependent child that has attained the limiting	65146
age for dependents, as provided in the policy;	65147

(3) Require an employer to offer health insurance coverage to	65148
the dependents of any employee.	65149

(E) This section does not apply to any policies or	65150
certificates covering only accident, credit, dental, disability	65151
income, long-term care, hospital indemnity, medicare supplement,	65152
specified disease, or vision care; coverage under a	65153
one-time-limited-duration policy of not longer than six months;	65154
coverage issued as a supplement to liability insurance; insurance	65155
arising out of a workers' compensation or similar law; automobile	65156
medical-payment insurance; or insurance under which benefits are	65157
payable with or without regard to fault and that is statutorily	65158
required to be contained in any liability insurance policy or	65159
equivalent self-insurance.	65160

(F) As used in this section, "health benefit plan" has the	65161
same meaning as in section 3924.01 of the Revised Code and also	65162
includes both of the following:	65163

(1) A public employee benefit plan;

65164

(2) A health benefit plan as regulated under the "Employee	65165
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	65166

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	65167
Revised Code, any public employee benefit plan that provides that	65168
coverage of an unmarried dependent child will terminate upon	65169
attainment of the limiting age for dependent children specified in	65170
the plan shall also provide in substance both of the following:	65171

(1) Once an unmarried child has attained the limiting age for	65172
dependent children, as provided in the plan, upon the request of	65173
the employee, the public employee benefit plan shall offer to	65174
cover the unmarried child until the child attains twenty-eight	65175
years of age if all of the following are true:	65176

(a) The child is the natural child, stepchild, or adopted	65177
child of the employee.	65178

(b) The child is a resident of this state or a full-time	65179
student at an accredited public or private institution of higher	65180
education.	65181

(c) The child is not employed by an employer that offers any	65182
health benefit plan under which the child is eligible for	65183
coverage.	65184

(d) The child is not eligible for ~~coverage under~~ the medicaid	65185
program ~~established under Chapter 5111. of the Revised Code~~ or the	65186
medicare program ~~established under Title XVIII of the "Social~~	65187
~~Security Act," 42 U.S.C. 1395~~.	65188

(2) That attainment of the limiting age for dependent	65189
children shall not operate to terminate the coverage of a	65190
dependent child if the child is and continues to be both of the	65191
following:	65192

(a) Incapable of self-sustaining employment by reason of	65193
mental retardation or physical handicap;	65194

(b) Primarily dependent upon the plan member for support and	65195
maintenance.	65196

(B) Proof of incapacity and dependence for purposes of	65197
division (A)(2) of this section shall be furnished to the public	65198
employee benefit plan within thirty-one days of the child's	65199
attainment of the limiting age. Upon request, but not more	65200
frequently than annually, the public employee benefit plan may	65201
require proof satisfactory to it of the continuance of such	65202
incapacity and dependency.	65203

65204

(1) Require that any public employee benefit plan offer	65205
coverage for dependent children or provide coverage for an	65206
unmarried dependent child's children as dependents on the public	65207
employee benefit plan;	65208

(2) Require an employer to pay for any part of the premium	65209
for an unmarried dependent child that has attained the limiting	65210
age for dependents, as provided in the plan;	65211

(3) Require an employer to offer health insurance coverage to	65212
the dependents of any employee.	65213

(D) This section does not apply to any public employee	65214
benefit plan covering only accident, credit, dental, disability	65215
income, long-term care, hospital indemnity, medicare supplement,	65216
specified disease, or vision care; coverage under a	65217
one-time-limited-duration policy of not longer than six months;	65218
coverage issued as a supplement to liability insurance; insurance	65219
arising out of a workers' compensation or similar law; automobile	65220
medical-payment insurance; or insurance under which benefits are	65221
payable with or without regard to fault and which is statutorily	65222
required to be contained in any liability insurance policy or	65223
equivalent self-insurance.	65224

(E) As used in this section, "health benefit plan" has the	65225
same meaning as in section 3924.01 of the Revised Code and also	65226
includes both of the following:	65227

(1) A public employee benefit plan;

65228

(2) A health benefit plan as regulated under the "Employee	65229
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	65230

Sec. 3923.281. (A) As used in this section:

65231

(1) "Biologically based mental illness" means schizophrenia,	65232
schizoaffective disorder, major depressive disorder, bipolar	65233
disorder, paranoia and other psychotic disorders,	65234
obsessive-compulsive disorder, and panic disorder, as these terms	65235
are defined in the most recent edition of the diagnostic and	65236
statistical manual of mental disorders published by the American	65237
psychiatric association.	65238

(2) "Policy of sickness and accident insurance" has the same	65239
meaning as in section 3923.01 of the Revised Code, but excludes	65240
any hospital indemnity, medicare supplement, long-term care,	65241
disability income, one-time-limited-duration policy of not longer	65242
than six months, supplemental benefit, or other policy that	65243
provides coverage for specific diseases or accidents only; any	65244
policy that provides coverage for workers' compensation claims	65245
compensable pursuant to Chapters 4121. and 4123. of the Revised	65246
Code; and any policy that provides coverage to ~~beneficiaries~~	65247
~~enrolled in Title XIX of the "Social Security Act," 49 Stat. 620~~	65248
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	65249
~~assistance program or~~ medicaid~~, as provided by the Ohio department~~	65250
~~of job and family services under Chapter 5111. of the Revised Code~~	65251
recipients.	65252

(B) Notwithstanding section 3901.71 of the Revised Code, and	65253
subject to division (E) of this section, every policy of sickness	65254
and accident insurance shall provide benefits for the diagnosis	65255
and treatment of biologically based mental illnesses on the same	65256
terms and conditions as, and shall provide benefits no less	65257
extensive than, those provided under the policy of sickness and	65258
accident insurance for the treatment and diagnosis of all other	65259
physical diseases and disorders, if both of the following apply:	65260

(1) The biologically based mental illness is clinically	65261
diagnosed by a physician authorized under Chapter 4731. of the	65262
Revised Code to practice medicine and surgery or osteopathic	65263
medicine and surgery; a psychologist licensed under Chapter 4732.	65264
of the Revised Code; a professional clinical counselor,	65265
professional counselor, or independent social worker licensed	65266
under Chapter 4757. of the Revised Code; or a clinical nurse	65267
specialist licensed under Chapter 4723. of the Revised Code whose	65268
nursing specialty is mental health.	65269

(2) The prescribed treatment is not experimental or	65270
investigational, having proven its clinical effectiveness in	65271
accordance with generally accepted medical standards.	65272

(C) Division (B) of this section applies to all coverages and	65273
terms and conditions of the policy of sickness and accident	65274
insurance, including, but not limited to, coverage of inpatient	65275
hospital services, outpatient services, and medication; maximum	65276
lifetime benefits; copayments; and individual and family	65277
deductibles.	65278

(D) Nothing in this section shall be construed as prohibiting	65279
a sickness and accident insurance company from taking any of the	65280
following actions:	65281

(1) Negotiating separately with mental health care providers	65282
with regard to reimbursement rates and the delivery of health care	65283
services;	65284

(2) Offering policies that provide benefits solely for the	65285
diagnosis and treatment of biologically based mental illnesses;	65286

(3) Managing the provision of benefits for the diagnosis or	65287
treatment of biologically based mental illnesses through the use	65288
of pre-admission screening, by requiring beneficiaries to obtain	65289
authorization prior to treatment, or through the use of any other	65290
mechanism designed to limit coverage to that treatment determined	65291
to be necessary;	65292

(4) Enforcing the terms and conditions of a policy of	65293
sickness and accident insurance.	65294

(E) An insurer that offers any policy of sickness and	65295
accident insurance is not required to provide benefits for the	65296
diagnosis and treatment of biologically based mental illnesses	65297
pursuant to division (B) of this section if all of the following	65298
apply:	65299

(1) The insurer submits documentation certified by an	65300
independent member of the American academy of actuaries to the	65301
superintendent of insurance showing that incurred claims for	65302
diagnostic and treatment services for biologically based mental	65303
illnesses for a period of at least six months independently caused	65304
the insurer's costs for claims and administrative expenses for the	65305
coverage of all other physical diseases and disorders to increase	65306
by more than one per cent per year.	65307

(2) The insurer submits a signed letter from an independent	65308
member of the American academy of actuaries to the superintendent	65309
of insurance opining that the increase described in division	65310
(E)(1) of this section could reasonably justify an increase of	65311
more than one per cent in the annual premiums or rates charged by	65312
the insurer for the coverage of all other physical diseases and	65313
disorders.	65314

(3) The superintendent of insurance makes the following	65315
determinations from the documentation and opinion submitted	65316
pursuant to divisions (E)(1) and (2) of this section:	65317

(a) Incurred claims for diagnostic and treatment services for	65318
biologically based mental illnesses for a period of at least six	65319
months independently caused the insurer's costs for claims and	65320
administrative expenses for the coverage of all other physical	65321
diseases and disorders to increase by more than one per cent per	65322
year.	65323

(b) The increase in costs reasonably justifies an increase of	65324
more than one per cent in the annual premiums or rates charged by	65325
the insurer for the coverage of all other physical diseases and	65326
disorders.	65327

Any determination made by the superintendent under this	65328
division is subject to Chapter 119. of the Revised Code.	65329

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	65330
negotiate long-term care insurance on or after September 1, 2008,	65331
without completing an initial eight-hour partnership program	65332
training course as described in division (B) of this section.	65333

(2)(a) Any agent that sells, solicits, or negotiates any	65334
long-term care insurance shall complete at least four hours of	65335
continuing education in every twenty-four-month period commencing	65336
on the first day of January of the year immediately following the	65337
year of the issuance of the agent's license.	65338

(b) No agent shall fail to complete the continuing education	65339
requirements in division (A)(2)(a) of this section in the	65340
twenty-four-month period described in that division.	65341

(B) The initial training course and continuing education	65342
required under division (A) of this section may be approved by the	65343
superintendent of insurance as continuing education courses under	65344
sections 3905.481 to 3905.486 of the Revised Code and shall	65345
consist of combined topics related to long-term care insurance,	65346
long-term care services, and state long-term care insurance	65347
partnership programs, including all of the following:	65348

(1) State and federal regulations and requirements and the	65349
relationship between state long-term care insurance partnership	65350
programs and other public and private coverage of long-term care	65351
services, including medicaid;	65352

(2) Available long-term care services and providers;

65353

(3) Changes or improvements in long-term care services or	65354
providers;	65355

(4) Alternatives to the purchase of private long-term care	65356
insurance;	65357

(5) The effect of inflation on benefits and the importance of	65358
inflation protection;	65359

(6) Consumer suitability standards and guidelines;

65360

(7) Any other topics required by the superintendent.

65361

(C) The initial training and continuing education required by	65362
division (A) of this section shall not include training that is	65363
specific to a particular insurer or company product or that	65364
includes any sales or marketing information, materials, or	65365
training other than those required by state or federal law.	65366

(D) A resident agent shall satisfy the training and	65367
continuing education required by division (A) of this section by	65368
completing long-term care courses that are approved by the	65369
superintendent. A nonresident agent may satisfy the training and	65370
continuing education required by division (A) of this section by	65371
completing the training requirements in any other state, provided	65372
that the course is approved for credit by the insurance department	65373
of that state prior to the agent taking the course.	65374

(E) Each insurer shall obtain records of the initial training	65375
and continuing education completed by agents of that insurer	65376
pursuant to division (A) of this section as well as the training	65377
completed by the insurer's agents concerning the distribution of	65378
the insurer's partnership program policies and shall make those	65379
records available to the superintendent upon request.	65380

(F) Each insurer shall maintain records with respect to the	65381
training of its agents concerning the distribution of the	65382
insurer's partnership program policies. Each insurer shall provide	65383
documentation to the superintendent that will allow the	65384
superintendent to provide assurance to the medicaid director of	65385
~~job and family services~~ that agents have received the training	65386
required by this section and that agents have demonstrated an	65387
understanding of the partnership program policies and their	65388
relationship to public and private coverage of long-term care in	65389
this state, including medicaid. The superintendent may audit each	65390
insurer's records annually to verify that the insurer is	65391
maintaining the records required by this division. The	65392
superintendent shall make the records provided to the	65393
superintendent pursuant to division (E) of this section available	65394
to the director.	65395

Sec. 3923.49. The department of insurance shall establish an	65396
outreach program to educate consumers about the following:	65397

(A) The need for long-term care insurance;

65398

(B) Mechanisms for financing long-term care;

65399

65400

(D) The resource protection provided by the Ohio long-term	65401
care insurance program under section ~~5111.18~~5164.86 of the	65402
Revised Code;	65403

(E) That a consumer who purchased a long-term care insurance	65404
policy that does not meet the requirements of section 3923.50 of	65405
the Revised Code may purchase a policy that meets those	65406
requirements.	65407

The department shall develop and make available to consumers	65408
information to assist them in choosing long-term care insurance	65409
coverage.	65410

Sec. 3923.50. For the purposes of the Ohio long-term care	65411
insurance program established under section ~~5111.18~~5164.86 of the	65412
Revised Code, the department of insurance shall notify the	65413
department of ~~job and family services~~medicaid of all long-term	65414
care insurance policies that meet all of the following	65415
requirements:	65416

(A) Comply with sections 3923.41 to 3923.48 of the Revised	65417
Code and the rules adopted under section 3923.47 of the Revised	65418
Code;	65419

(B) Provide benefits for home and community-based services in	65420
addition to nursing home care;	65421

(C) Include case management services in its coverage of home	65422
and community-based services;	65423

(D) Provide five per cent inflation protection compounded	65424
annually;	65425

(E) Provide for the keeping of records and	65426
explanation-of-benefit reports on insurance payments that count	65427
toward resource exclusion for the ~~medical assistance~~medicaid	65428
program;	65429

(F) Provide the information the medicaid director ~~of job and~~	65430
~~family services~~ determines is necessary to document the extent of	65431
resource exclusion and to evaluate the Ohio long-term care	65432
insurance program;	65433

(G) Comply with other requirements established in rules	65434
adopted under this section.	65435

The superintendent of insurance shall adopt rules in	65436
accordance with Chapter 119. of the Revised Code establishing	65437
requirements under division (G) of this section that policies must	65438
meet to qualify under the Ohio long-term care insurance program.	65439
The superintendent shall consult with the departments of aging and	65440
~~job and family services~~medicaid in adopting those rules.	65441

Sec. 3923.601. (A)(1) This section applies to both of the	65442
following:	65443

(a) A sickness and accident insurer that issues or requires	65444
the use of a standardized identification card or an electronic	65445
technology for submission and routing of prescription drug claims	65446
pursuant to a policy, contract, or agreement for health care	65447
services;	65448

(b) A person that a sickness and accident insurer contracts	65449
with to issue a standardized identification card or an electronic	65450
technology described in division (A)(1)(a) of this section.	65451

(2) Notwithstanding division (A)(1) of this section, this	65452
section does not apply to the issuance or required use of a	65453
standardized identification card or an electronic technology for	65454
the submission and routing of prescription drug claims in	65455
connection with any of the following:	65456

(a) Any individual or group policy of sickness and accident	65457
insurance covering only accident, credit, dental, disability	65458
income, long-term care, hospital indemnity, medicare supplement,	65459
medicare, tricare, specified disease, or vision care; coverage	65460
under a one-time-limited-duration policy of not longer than six	65461
months; coverage issued as a supplement to liability insurance;	65462
insurance arising out of workers' compensation or similar law;	65463
automobile medical payment insurance; or insurance under which	65464
benefits are payable with or without regard to fault and which is	65465
statutorily required to be contained in any liability insurance	65466
policy or equivalent self-insurance.	65467

(b) Coverage provided under the medicaid~~, as defined in~~	65468
~~section 5111.01 of the Revised Code~~program.	65469

(c) Coverage provided under an employer's self-insurance plan	65470
or by any of its administrators, as defined in section 3959.01 of	65471
the Revised Code, to the extent that federal law supersedes,	65472
preempts, prohibits, or otherwise precludes the application of	65473
this section to the plan and its administrators.	65474

(B) A standardized identification card or an electronic	65475
technology issued or required to be used as provided in division	65476
(A)(1) of this section shall contain uniform prescription drug	65477
information in accordance with either division (B)(1) or (2) of	65478
this section.	65479

(1) The standardized identification card or the electronic	65480
technology shall be in a format and contain information fields	65481
approved by the national council for prescription drug programs or	65482
a successor organization, as specified in the council's or	65483
successor organization's pharmacy identification card	65484
implementation guide in effect on the first day of October most	65485
immediately preceding the issuance or required use of the	65486
standardized identification card or the electronic technology.	65487

(2) If the insurer or person under contract with the insurer	65488
to issue a standardized identification card or an electronic	65489
technology requires the information for the submission and routing	65490
of a claim, the standardized identification card or the electronic	65491
technology shall contain any of the following information:	65492

(a) The insurer's name;

65493

(b) The insured's name, group number, and identification	65494
number;	65495

(c) A telephone number to inquire about pharmacy-related	65496
issues;	65497

(d) The issuer's international identification number, labeled	65498
as "ANSI BIN" or "RxBIN";	65499

(e) The processor's control number, labeled as "RxPCN";

65500

(f) The insured's pharmacy benefits group number if different	65501
from the insured's medical group number, labeled as "RxGrp."	65502

(C) If the standardized identification card or the electronic	65503
technology issued or required to be used as provided in division	65504
(A)(1) of this section is also used for submission and routing of	65505
nonpharmacy claims, the designation "Rx" is required to be	65506
included as part of the labels identified in divisions (B)(2)(d)	65507
and (e) of this section if the issuer's international	65508
identification number or the processor's control number is	65509
different for medical and pharmacy claims.	65510

(D) Each sickness and accident insurer described in division	65511
(A) of this section shall annually file a certificate with the	65512
superintendent of insurance certifying that it or any person it	65513
contracts with to issue a standardized identification card or	65514
electronic technology for submission and routing of prescription	65515
drug claims complies with this section.	65516

(E)(1) Except as provided in division (E)(2) of this section,	65517
if there is a change in the information contained in the	65518
standardized identification card or the electronic technology	65519
issued to an insured, the insurer or person under contract with	65520
the insurer to issue a standardized identification card or an	65521
electronic technology shall issue a new card or electronic	65522
technology to the insured.	65523

(2) An insurer or person under contract with the insurer is	65524
not required under division (E)(1) of this section to issue a new	65525
card or electronic technology to an insured more than once during	65526
a twelve-month period.	65527

(F) Nothing in this section shall be construed as requiring	65528
an insurer to produce more than one standardized identification	65529
card or one electronic technology for use by insureds accessing	65530
health care benefits provided under a policy of sickness and	65531
accident insurance.	65532

Sec. 3923.83. (A)(1) This section applies to both of the	65533
following:	65534

(a) A public employee benefit plan that issues or requires	65535
the use of a standardized identification card or an electronic	65536
technology for submission and routing of prescription drug claims	65537
pursuant to a policy, contract, or agreement for health care	65538
services;	65539

(b) A person or entity that a public employee benefit plan	65540
contracts with to issue a standardized identification card or an	65541
electronic technology described in division (A)(1)(a) of this	65542
section.	65543

(2) Notwithstanding division (A)(1) of this section, this	65544
section does not apply to the issuance or required use of a	65545
standardized identification card or an electronic technology for	65546
the submission and routing of prescription drug claims in	65547
connection with either of the following:	65548

(a) Any individual or group policy of insurance covering only	65549
accident, credit, dental, disability income, long-term care,	65550
hospital indemnity, medicare supplement, medicare, tricare,	65551
specified disease, or vision care; coverage under a	65552
one-time-limited-duration policy of not longer than six months;	65553
coverage issued as a supplement to liability insurance; insurance	65554
arising out of workers' compensation or similar law; automobile	65555
medical payment insurance; or insurance under which benefits are	65556
payable with or without regard to fault and which is statutorily	65557
required to be contained in any liability insurance policy or	65558
equivalent self-insurance.	65559

(b) Coverage provided under the medicaid~~, as defined in~~	65560
~~section 5111.01 of the Revised Code~~program.	65561

(B) A standardized identification card or an electronic	65562
technology issued or required to be used as provided in division	65563
(A)(1) of this section shall contain uniform prescription drug	65564
information in accordance with either division (B)(1) or (2) of	65565
this section.	65566

(1) The standardized identification card or the electronic	65567
technology shall be in a format and contain information fields	65568
approved by the national council for prescription drug programs or	65569
a successor organization, as specified in the council's or	65570
successor organization's pharmacy identification card	65571
implementation guide in effect on the first day of October most	65572
immediately preceding the issuance or required use of the	65573
standardized identification card or the electronic technology.	65574

(2) If the public employee benefit plan or person under	65575
contract with the plan to issue a standardized identification card	65576
or an electronic technology requires the information for the	65577
submission and routing of a claim, the standardized identification	65578
card or the electronic technology shall contain any of the	65579
following information:	65580

(a) The plan's name;

65581

(b) The insured's name, group number, and identification	65582
number;	65583

(c) A telephone number to inquire about pharmacy-related	65584
issues;	65585

(d) The issuer's international identification number, labeled	65586
as "ANSI BIN" or "RxBIN";	65587

(e) The processor's control number, labeled as "RxPCN";

65588

(f) The insured's pharmacy benefits group number if different	65589
from the insured's medical group number, labeled as "RxGrp."	65590

(C) If the standardized identification card or the electronic	65591
technology issued or required to be used as provided in division	65592
(A)(1) of this section is also used for submission and routing of	65593
nonpharmacy claims, the designation "Rx" is required to be	65594
included as part of the labels identified in divisions (B)(2)(d)	65595
and (e) of this section if the issuer's international	65596
identification number or the processor's control number is	65597
different for medical and pharmacy claims.	65598

(D)(1) Except as provided in division (D)(2) of this section,	65599
if there is a change in the information contained in the	65600
standardized identification card or the electronic technology	65601
issued to an insured, the public employee benefit plan or person	65602
under contract with the plan to issue a standardized	65603
identification card or electronic technology shall issue a new	65604
card or electronic technology to the insured.	65605

(2) A public employee benefit plan or person under contract	65606
with the plan is not required under division (D)(1) of this	65607
section to issue a new card or electronic technology to an insured	65608
more than once during a twelve-month period.	65609

~~(F)~~(E) Nothing in this section shall be construed as	65610
requiring a public employee benefit plan to produce more than one	65611
standardized identification card or one electronic technology for	65612
use by insureds accessing health care benefits provided under a	65613
health benefit plan.	65614

Sec. 3924.41. (A) As used in sections 3924.41 and 3924.42 of	65615
the Revised Code, "health insurer" means any sickness and accident	65616
insurer or health insuring corporation. "Health insurer" also	65617
includes any group health plan as defined in section 607 of the	65618
federal "Employee Retirement Income Security Act of 1974," 88	65619
Stat. 832, 29 U.S.C.A. 1167.	65620

(B) Notwithstanding any other provision of the Revised Code,	65621
no health insurer shall take into consideration the availability	65622
of, or eligibility for, ~~medical assistance~~the medicaid program in	65623
this state ~~under Chapter 5111. of the Revised Code~~ or in any other	65624
state ~~pursuant to Title XIX of the "Social Security Act," 49 Stat.~~	65625
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ when determining an	65626
individual's eligibility for coverage or when making payments to	65627
or on behalf of an enrollee, subscriber, policyholder, or	65628
certificate holder.	65629

Sec. 3924.42. No health insurer shall impose requirements on	65630
the department of ~~job and family services~~medicaid, when it has	65631
been assigned the rights of an individual who is eligible for	65632
~~medical assistance under Chapter 5111. of the Revised Code~~	65633
medicaid and who is covered under a health care policy, contract,	65634
or plan issued by the health insurer, that are different from the	65635
requirements applicable to an agent or assignee of any other	65636
individual so covered.	65637

Sec. 3963.01. As used in this chapter:

65638

(A) "Affiliate" means any person or entity that has ownership	65639
or control of a contracting entity, is owned or controlled by a	65640
contracting entity, or is under common ownership or control with a	65641
contracting entity.	65642

(B) "Basic health care services" has the same meaning as in	65643
division (A) of section 1751.01 of the Revised Code, except that	65644
it does not include any services listed in that division that are	65645
provided by a pharmacist or nursing home.	65646

(C) "Contracting entity" means any person that has a primary	65647
business purpose of contracting with participating providers for	65648
the delivery of health care services.	65649

(D) "Credentialing" means the process of assessing and	65650
validating the qualifications of a provider applying to be	65651
approved by a contracting entity to provide basic health care	65652
services, specialty health care services, or supplemental health	65653
care services to enrollees.	65654

(E) "Edit" means adjusting one or more procedure codes billed	65655
by a participating provider on a claim for payment or a practice	65656
that results in any of the following:	65657

(1) Payment for some, but not all of the procedure codes	65658
originally billed by a participating provider;	65659

(2) Payment for a different procedure code than the procedure	65660
code originally billed by a participating provider;	65661

(3) A reduced payment as a result of services provided to an	65662
enrollee that are claimed under more than one procedure code on	65663
the same service date.	65664

(F) "Electronic claims transport" means to accept and	65665
digitize claims or to accept claims already digitized, to place	65666
those claims into a format that complies with the electronic	65667
transaction standards issued by the United States department of	65668
health and human services pursuant to the "Health Insurance	65669
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	65670
U.S.C. 1320d, et seq., as those electronic standards are	65671
applicable to the parties and as those electronic standards are	65672
updated from time to time, and to electronically transmit those	65673
claims to the appropriate contracting entity, payer, or	65674
third-party administrator.	65675

(G) "Enrollee" means any person eligible for health care	65676
benefits under a health benefit plan, including an eligible	65677
recipient of medicaid ~~under Chapter 5111. of the Revised Code~~, and	65678
includes all of the following terms:	65679

(1) "Enrollee" and "subscriber" as defined by section 1751.01	65680
of the Revised Code;	65681

(2) "Member" as defined by section 1739.01 of the Revised	65682
Code;	65683

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	65684
the Revised Code;	65685

(4) "Beneficiary" as defined by section 3901.38 of the	65686
Revised Code.	65687

(H) "Health care contract" means a contract entered into,	65688
materially amended, or renewed between a contracting entity and a	65689
participating provider for the delivery of basic health care	65690
services, specialty health care services, or supplemental health	65691
care services to enrollees.	65692

(I) "Health care services" means basic health care services,	65693
specialty health care services, and supplemental health care	65694
services.	65695

(J) "Material amendment" means an amendment to a health care	65696
contract that decreases the participating provider's payment or	65697
compensation, changes the administrative procedures in a way that	65698
may reasonably be expected to significantly increase the	65699
provider's administrative expenses, or adds a new product. A	65700
material amendment does not include any of the following:	65701

(1) A decrease in payment or compensation resulting solely	65702
from a change in a published fee schedule upon which the payment	65703
or compensation is based and the date of applicability is clearly	65704
identified in the contract;	65705

(2) A decrease in payment or compensation that was	65706
anticipated under the terms of the contract, if the amount and	65707
date of applicability of the decrease is clearly identified in the	65708
contract;	65709

(3) An administrative change that may significantly increase	65710
the provider's administrative expense, the specific applicability	65711
of which is clearly identified in the contract;	65712

(4) Changes to an existing prior authorization,	65713
precertification, notification, or referral program that do not	65714
substantially increase the provider's administrative expense;	65715

(5) Changes to an edit program or to specific edits if the	65716
participating provider is provided notice of the changes pursuant	65717
to division (A)(1) of section 3963.04 of the Revised Code and the	65718
notice includes information sufficient for the provider to	65719
determine the effect of the change;	65720

(6) Changes to a health care contract described in division	65721
(B) of section 3963.04 of the Revised Code.	65722

(K) "Participating provider" means a provider that has a	65723
health care contract with a contracting entity and is entitled to	65724
reimbursement for health care services rendered to an enrollee	65725
under the health care contract.	65726

(L) "Payer" means any person that assumes the financial risk	65727
for the payment of claims under a health care contract or the	65728
reimbursement for health care services provided to enrollees by	65729
participating providers pursuant to a health care contract.	65730

(M) "Primary enrollee" means a person who is responsible for	65731
making payments for participation in a health care plan or an	65732
enrollee whose employment or other status is the basis of	65733
eligibility for enrollment in a health care plan.	65734

(N) "Procedure codes" includes the American medical	65735
association's current procedural terminology code, the American	65736
dental association's current dental terminology, and the centers	65737
for medicare and medicaid services health care common procedure	65738
coding system.	65739

(O) "Product" means one of the following types of categories	65740
of coverage for which a participating provider may be obligated to	65741
provide health care services pursuant to a health care contract:	65742

(1) A health maintenance organization or other product	65743
provided by a health insuring corporation;	65744

(2) A preferred provider organization;

65745

(3) Medicare;

65746

(4) Medicaid;

65747

(5) Workers' compensation.

65748

(P) "Provider" means a physician, podiatrist, dentist,	65749
chiropractor, optometrist, psychologist, physician assistant,	65750
advanced practice registered nurse, occupational therapist,	65751
massage therapist, physical therapist, professional counselor,	65752
professional clinical counselor, hearing aid dealer, orthotist,	65753
prosthetist, home health agency, hospice care program, pediatric	65754
respite care program, or hospital, or a provider organization or	65755
physician-hospital organization that is acting exclusively as an	65756
administrator on behalf of a provider to facilitate the provider's	65757
participation in health care contracts. "Provider" does not mean a	65758
pharmacist, pharmacy, nursing home, or a provider organization or	65759
physician-hospital organization that leases the provider	65760
organization's or physician-hospital organization's network to a	65761
third party or contracts directly with employers or health and	65762
welfare funds.	65763

(Q) "Specialty health care services" has the same meaning as	65764
in section 1751.01 of the Revised Code, except that it does not	65765
include any services listed in division (B) of section 1751.01 of	65766
the Revised Code that are provided by a pharmacist or a nursing	65767
home.	65768

(R) "Supplemental health care services" has the same meaning	65769
as in division (B) of section 1751.01 of the Revised Code, except	65770
that it does not include any services listed in that division that	65771
are provided by a pharmacist or nursing home.	65772

Sec. 3963.04. (A)(1) If an amendment to a health care	65773
contract is not a material amendment, the contracting entity shall	65774
provide the participating provider notice of the amendment at	65775
least fifteen days prior to the effective date of the amendment.	65776
The contracting entity shall provide all other notices to the	65777
participating provider pursuant to the health care contract.	65778

(2) A material amendment to a health care contract shall	65779
occur only if the contracting entity provides to the participating	65780
provider the material amendment in writing and notice of the	65781
material amendment not later than ninety days prior to the	65782
effective date of the material amendment. The notice shall be	65783
conspicuously entitled "Notice of Material Amendment to Contract."	65784

(3) If within fifteen days after receiving the material	65785
amendment and notice described in division (A)(2) of this section,	65786
the participating provider objects in writing to the material	65787
amendment, and there is no resolution of the objection, either	65788
party may terminate the health care contract upon written notice	65789
of termination provided to the other party not later than sixty	65790
days prior to the effective date of the material amendment.	65791

(4) If the participating provider does not object to the	65792
material amendment in the manner described in division (A)(3) of	65793
this section, the material amendment shall be effective as	65794
specified in the notice described in division (A)(2) of this	65795
section.	65796

(B)(1) Division (A) of this section does not apply if the	65797
delay caused by compliance with that division could result in	65798
imminent harm to an enrollee, if the material amendment of a	65799
health care contract is required by state or federal law, rule, or	65800
regulation, or if the provider affirmatively accepts the material	65801
amendment in writing and agrees to an earlier effective date than	65802
otherwise required by division (A)(2) of this section.	65803

(2) This section does not apply under any of the following	65804
circumstances:	65805

(a) The participating provider's payment or compensation is	65806
based on the current medicaid or medicare physician fee schedule,	65807
and the change in payment or compensation results solely from a	65808
change in that physician fee schedule.	65809

(b) A routine change or update of the health care contract is	65810
made in response to any addition, deletion, or revision of any	65811
service code, procedure code, or reporting code, or a pricing	65812
change is made by any third party source.	65813

For purposes of division (B)(2)(b) of this section:

65814

(i) "Service code, procedure code, or reporting code" means	65815
the current procedural terminology (CPT), current dental	65816
terminology (CDT), the healthcare common procedure coding system	65817
(HCPCS), the international classification of diseases (ICD), or	65818
the drug topics redbook average wholesale price (AWP).	65819

(ii) "Third party source" means the American medical	65820
association, American dental association, the centers for medicare	65821
and medicaid services, the national center for health statistics,	65822
the department of health and human services office of the	65823
inspector general, the Ohio department of insurance, or the Ohio	65824
department of ~~job and family services~~medicaid.	65825

(C) Notwithstanding divisions (A) and (B) of this section, a	65826
health care contract may be amended by operation of law as	65827
required by any applicable state or federal law, rule, or	65828
regulation. Nothing in this section shall be construed to require	65829
the renegotiation of a health care contract that is in existence	65830
before ~~the effective date of this section~~June 25, 2008, until the	65831
time that the contract is renewed or materially amended.	65832

Sec. 4104.33. There is hereby created the historical boilers	65833
licensing board consisting of seven members, three of whom shall	65834
be appointed by the governor with the advice and consent of the	65835
senate. The governor shall make initial appointments to the board	65836
within ninety days after October 24, 2002. Of the initial members	65837
appointed by the governor, one shall be for a term ending three	65838
years after October 24, 2002, one shall be for a term ending four	65839
years after October 24, 2002, and one shall be for a term ending	65840
five years after October 24, 2002. Thereafter, terms of office	65841
shall be for five years, each term ending on the same day of the	65842
same month of the year as did the term that it succeeds. Of the	65843
three members the governor appoints, one member shall be an	65844
employee of the division of boiler inspection in the department of	65845
commerce; one member shall be an independent mechanical engineer	65846
who is not involved in selling or inspecting historical boilers;	65847
and one shall be an active member of an association that	65848
represents managers of fairs or festivals.	65849

Two members of the board shall be appointed by the president	65850
of the senate and two members of the board shall be appointed by	65851
the speaker of the house of representatives. The president and	65852
speaker shall make initial appointments to the board within ninety	65853
days after October 24, 2002. Of the initial members appointed by	65854
the president, one shall be for a term ending four years after	65855
October 24, 2002 and one shall be for a term ending five years	65856
after October 24, 2002. Of the initial members appointed by the	65857
speaker, one shall be for a term ending three years after October	65858
24, 2002 and one shall be for a term ending five years after	65859
October 24, 2002. Thereafter, terms of office shall be for five	65860
years, each term ending on the same day of the same month of the	65861
year as did the term that it succeeds. Of the four members	65862
appointed by the president and speaker, each shall own a	65863
historical boiler and also have at least ten years of experience	65864
in the operation of historical boilers, and each of these four	65865
members shall reside in a different region of the state.	65866

Each member shall hold office from the date of the member's	65867
appointment until the end of the term for which the member was	65868
appointed. Members may be reappointed. Vacancies shall be filled	65869
~~in the manner provided for initial appointments~~by the director of	65870
commerce, and shall not require the advice and consent of the	65871
senate. Any member appointed to fill a vacancy occurring prior to	65872
the expiration date of the term for which the member's predecessor	65873
was appointed shall hold office as a member for the remainder of	65874
that term. A member shall continue in office subsequent to the	65875
expiration date of the member's term until the successor takes	65876
office or until a period of sixty days has elapsed, whichever	65877
occurs first.	65878

The members of the board, annually, shall elect, by majority	65879
vote, a chairperson from among their members. The board shall meet	65880
at least once annually and at other times at the call of the	65881
chairperson. Board members shall receive their actual and	65882
necessary expenses incurred in the discharge of their duties as	65883
board members.	65884

The superintendent of industrial compliance shall furnish	65885
office space, staff, and supplies to the board as the	65886
superintendent determines are necessary for the board to carry out	65887
its official duties under sections 4104.33 to 4104.37 of the	65888
Revised Code.	65889

Sec. 4112.02. It shall be an unlawful discriminatory	65890
practice:	65891

(A) For any employer, because of the race, color, religion,	65892
sex, military status, national origin, disability, age, or	65893
ancestry of any person, to discharge without just cause, to refuse	65894
to hire, or otherwise to discriminate against that person with	65895
respect to hire, tenure, terms, conditions, or privileges of	65896
employment, or any matter directly or indirectly related to	65897
employment.	65898

(B) For an employment agency or personnel placement service,	65899
because of race, color, religion, sex, military status, national	65900
origin, disability, age, or ancestry, to do any of the following:	65901

(1) Refuse or fail to accept, register, classify properly, or	65902
refer for employment, or otherwise discriminate against any	65903
person;	65904

(2) Comply with a request from an employer for referral of	65905
applicants for employment if the request directly or indirectly	65906
indicates that the employer fails to comply with the provisions of	65907
sections 4112.01 to 4112.07 of the Revised Code.	65908

65909

(1) Limit or classify its membership on the basis of race,	65910
color, religion, sex, military status, national origin,	65911
disability, age, or ancestry;	65912

(2) Discriminate against, limit the employment opportunities	65913
of, or otherwise adversely affect the employment status, wages,	65914
hours, or employment conditions of any person as an employee	65915
because of race, color, religion, sex, military status, national	65916
origin, disability, age, or ancestry.	65917

(D) For any employer, labor organization, or joint	65918
labor-management committee controlling apprentice training	65919
programs to discriminate against any person because of race,	65920
color, religion, sex, military status, national origin,	65921
disability, or ancestry in admission to, or employment in, any	65922
program established to provide apprentice training.	65923

(E) Except where based on a bona fide occupational	65924
qualification certified in advance by the commission, for any	65925
employer, employment agency, personnel placement service, or labor	65926
organization, prior to employment or admission to membership, to	65927
do any of the following:	65928

(1) Elicit or attempt to elicit any information concerning	65929
the race, color, religion, sex, military status, national origin,	65930
disability, age, or ancestry of an applicant for employment or	65931
membership;	65932

(2) Make or keep a record of the race, color, religion, sex,	65933
military status, national origin, disability, age, or ancestry of	65934
any applicant for employment or membership;	65935

(3) Use any form of application for employment, or personnel	65936
or membership blank, seeking to elicit information regarding race,	65937
color, religion, sex, military status, national origin,	65938
disability, age, or ancestry; but an employer holding a contract	65939
containing a nondiscrimination clause with the government of the	65940
United States, or any department or agency of that government, may	65941
require an employee or applicant for employment to furnish	65942
documentary proof of United States citizenship and may retain that	65943
proof in the employer's personnel records and may use photographic	65944
or fingerprint identification for security purposes;	65945

(4) Print or publish or cause to be printed or published any	65946
notice or advertisement relating to employment or membership	65947
indicating any preference, limitation, specification, or	65948
discrimination, based upon race, color, religion, sex, military	65949
status, national origin, disability, age, or ancestry;	65950

(5) Announce or follow a policy of denying or limiting,	65951
through a quota system or otherwise, employment or membership	65952
opportunities of any group because of the race, color, religion,	65953
sex, military status, national origin, disability, age, or	65954
ancestry of that group;	65955

(6) Utilize in the recruitment or hiring of persons any	65956
employment agency, personnel placement service, training school or	65957
center, labor organization, or any other employee-referring source	65958
known to discriminate against persons because of their race,	65959
color, religion, sex, military status, national origin,	65960
disability, age, or ancestry.	65961

(F) For any person seeking employment to publish or cause to	65962
be published any advertisement that specifies or in any manner	65963
indicates that person's race, color, religion, sex, military	65964
status, national origin, disability, age, or ancestry, or	65965
expresses a limitation or preference as to the race, color,	65966
religion, sex, military status, national origin, disability, age,	65967
or ancestry of any prospective employer.	65968

(G) For any proprietor or any employee, keeper, or manager of	65969
a place of public accommodation to deny to any person, except for	65970
reasons applicable alike to all persons regardless of race, color,	65971
religion, sex, military status, national origin, disability, age,	65972
or ancestry, the full enjoyment of the accommodations, advantages,	65973
facilities, or privileges of the place of public accommodation.	65974

(H) For any person to do any of the following:

65975

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	65976
or finance housing accommodations, refuse to negotiate for the	65977
sale or rental of housing accommodations, or otherwise deny or	65978
make unavailable housing accommodations because of race, color,	65979
religion, sex, military status, familial status, ancestry,	65980
disability, or national origin;	65981

(2) Represent to any person that housing accommodations are	65982
not available for inspection, sale, or rental, when in fact they	65983
are available, because of race, color, religion, sex, military	65984
status, familial status, ancestry, disability, or national origin;	65985

(3) Discriminate against any person in the making or	65986
purchasing of loans or the provision of other financial assistance	65987
for the acquisition, construction, rehabilitation, repair, or	65988
maintenance of housing accommodations, or any person in the making	65989
or purchasing of loans or the provision of other financial	65990
assistance that is secured by residential real estate, because of	65991
race, color, religion, sex, military status, familial status,	65992
ancestry, disability, or national origin or because of the racial	65993
composition of the neighborhood in which the housing	65994
accommodations are located, provided that the person, whether an	65995
individual, corporation, or association of any type, lends money	65996
as one of the principal aspects or incident to the person's	65997
principal business and not only as a part of the purchase price of	65998
an owner-occupied residence the person is selling nor merely	65999
casually or occasionally to a relative or friend;	66000

(4) Discriminate against any person in the terms or	66001
conditions of selling, transferring, assigning, renting, leasing,	66002
or subleasing any housing accommodations or in furnishing	66003
facilities, services, or privileges in connection with the	66004
ownership, occupancy, or use of any housing accommodations,	66005
including the sale of fire, extended coverage, or homeowners	66006
insurance, because of race, color, religion, sex, military status,	66007
familial status, ancestry, disability, or national origin or	66008
because of the racial composition of the neighborhood in which the	66009
housing accommodations are located;	66010

(5) Discriminate against any person in the terms or	66011
conditions of any loan of money, whether or not secured by	66012
mortgage or otherwise, for the acquisition, construction,	66013
rehabilitation, repair, or maintenance of housing accommodations	66014
because of race, color, religion, sex, military status, familial	66015
status, ancestry, disability, or national origin or because of the	66016
racial composition of the neighborhood in which the housing	66017
accommodations are located;	66018

(6) Refuse to consider without prejudice the combined income	66019
of both husband and wife for the purpose of extending mortgage	66020
credit to a married couple or either member of a married couple;	66021

(7) Print, publish, or circulate any statement or	66022
advertisement, or make or cause to be made any statement or	66023
advertisement, relating to the sale, transfer, assignment, rental,	66024
lease, sublease, or acquisition of any housing accommodations, or	66025
relating to the loan of money, whether or not secured by mortgage	66026
or otherwise, for the acquisition, construction, rehabilitation,	66027
repair, or maintenance of housing accommodations, that indicates	66028
any preference, limitation, specification, or discrimination based	66029
upon race, color, religion, sex, military status, familial status,	66030
ancestry, disability, or national origin, or an intention to make	66031
any such preference, limitation, specification, or discrimination;	66032

(8) Except as otherwise provided in division (H)(8) or (17)	66033
of this section, make any inquiry, elicit any information, make or	66034
keep any record, or use any form of application containing	66035
questions or entries concerning race, color, religion, sex,	66036
military status, familial status, ancestry, disability, or	66037
national origin in connection with the sale or lease of any	66038
housing accommodations or the loan of any money, whether or not	66039
secured by mortgage or otherwise, for the acquisition,	66040
construction, rehabilitation, repair, or maintenance of housing	66041
accommodations. Any person may make inquiries, and make and keep	66042
records, concerning race, color, religion, sex, military status,	66043
familial status, ancestry, disability, or national origin for the	66044
purpose of monitoring compliance with this chapter.	66045

(9) Include in any transfer, rental, or lease of housing	66046
accommodations any restrictive covenant, or honor or exercise, or	66047
attempt to honor or exercise, any restrictive covenant;	66048

(10) Induce or solicit, or attempt to induce or solicit, a	66049
housing accommodations listing, sale, or transaction by	66050
representing that a change has occurred or may occur with respect	66051
to the racial, religious, sexual, military status, familial	66052
status, or ethnic composition of the block, neighborhood, or other	66053
area in which the housing accommodations are located, or induce or	66054
solicit, or attempt to induce or solicit, a housing accommodations	66055
listing, sale, or transaction by representing that the presence or	66056
anticipated presence of persons of any race, color, religion, sex,	66057
military status, familial status, ancestry, disability, or	66058
national origin, in the block, neighborhood, or other area will or	66059
may have results including, but not limited to, the following:	66060

(a) The lowering of property values;

66061

(b) A change in the racial, religious, sexual, military	66062
status, familial status, or ethnic composition of the block,	66063
neighborhood, or other area;	66064

(c) An increase in criminal or antisocial behavior in the	66065
block, neighborhood, or other area;	66066

(d) A decline in the quality of the schools serving the	66067
block, neighborhood, or other area.	66068

(11) Deny any person access to or membership or participation	66069
in any multiple-listing service, real estate brokers'	66070
organization, or other service, organization, or facility relating	66071
to the business of selling or renting housing accommodations, or	66072
discriminate against any person in the terms or conditions of that	66073
access, membership, or participation, on account of race, color,	66074
religion, sex, military status, familial status, national origin,	66075
disability, or ancestry;	66076

(12) Coerce, intimidate, threaten, or interfere with any	66077
person in the exercise or enjoyment of, or on account of that	66078
person's having exercised or enjoyed or having aided or encouraged	66079
any other person in the exercise or enjoyment of, any right	66080
granted or protected by division (H) of this section;	66081

(13) Discourage or attempt to discourage the purchase by a	66082
prospective purchaser of housing accommodations, by representing	66083
that any block, neighborhood, or other area has undergone or might	66084
undergo a change with respect to its religious, racial, sexual,	66085
military status, familial status, or ethnic composition;	66086

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	66087
or finance, or otherwise deny or withhold, a burial lot from any	66088
person because of the race, color, sex, military status, familial	66089
status, age, ancestry, disability, or national origin of any	66090
prospective owner or user of the lot;	66091

(15) Discriminate in the sale or rental of, or otherwise make	66092
unavailable or deny, housing accommodations to any buyer or renter	66093
because of a disability of any of the following:	66094

(a) The buyer or renter;

66095

(b) A person residing in or intending to reside in the	66096
housing accommodations after they are sold, rented, or made	66097
available;	66098

(c) Any individual associated with the person described in	66099
division (H)(15)(b) of this section.	66100

(16) Discriminate in the terms, conditions, or privileges of	66101
the sale or rental of housing accommodations to any person or in	66102
the provision of services or facilities to any person in	66103
connection with the housing accommodations because of a disability	66104
of any of the following:	66105

(a) That person;

66106

(b) A person residing in or intending to reside in the	66107
housing accommodations after they are sold, rented, or made	66108
available;	66109

(c) Any individual associated with the person described in	66110
division (H)(16)(b) of this section.	66111

(17) Except as otherwise provided in division (H)(17) of this	66112
section, make an inquiry to determine whether an applicant for the	66113
sale or rental of housing accommodations, a person residing in or	66114
intending to reside in the housing accommodations after they are	66115
sold, rented, or made available, or any individual associated with	66116
that person has a disability, or make an inquiry to determine the	66117
nature or severity of a disability of the applicant or such a	66118
person or individual. The following inquiries may be made of all	66119
applicants for the sale or rental of housing accommodations,	66120
regardless of whether they have disabilities:	66121

(a) An inquiry into an applicant's ability to meet the	66122
requirements of ownership or tenancy;	66123

(b) An inquiry to determine whether an applicant is qualified	66124
for housing accommodations available only to persons with	66125
disabilities or persons with a particular type of disability;	66126

(c) An inquiry to determine whether an applicant is qualified	66127
for a priority available to persons with disabilities or persons	66128
with a particular type of disability;	66129

(d) An inquiry to determine whether an applicant currently	66130
uses a controlled substance in violation of section 2925.11 of the	66131
Revised Code or a substantively comparable municipal ordinance;	66132

(e) An inquiry to determine whether an applicant at any time	66133
has been convicted of or pleaded guilty to any offense, an element	66134
of which is the illegal sale, offer to sell, cultivation,	66135
manufacture, other production, shipment, transportation, delivery,	66136
or other distribution of a controlled substance.	66137

(18)(a) Refuse to permit, at the expense of a person with a	66138
disability, reasonable modifications of existing housing	66139
accommodations that are occupied or to be occupied by the person	66140
with a disability, if the modifications may be necessary to afford	66141
the person with a disability full enjoyment of the housing	66142
accommodations. This division does not preclude a landlord of	66143
housing accommodations that are rented or to be rented to a	66144
disabled tenant from conditioning permission for a proposed	66145
modification upon the disabled tenant's doing one or more of the	66146
following:	66147

(i) Providing a reasonable description of the proposed	66148
modification and reasonable assurances that the proposed	66149
modification will be made in a workerlike manner and that any	66150
required building permits will be obtained prior to the	66151
commencement of the proposed modification;	66152

(ii) Agreeing to restore at the end of the tenancy the	66153
interior of the housing accommodations to the condition they were	66154
in prior to the proposed modification, but subject to reasonable	66155
wear and tear during the period of occupancy, if it is reasonable	66156
for the landlord to condition permission for the proposed	66157
modification upon the agreement;	66158

(iii) Paying into an interest-bearing escrow account that is	66159
in the landlord's name, over a reasonable period of time, a	66160
reasonable amount of money not to exceed the projected costs at	66161
the end of the tenancy of the restoration of the interior of the	66162
housing accommodations to the condition they were in prior to the	66163
proposed modification, but subject to reasonable wear and tear	66164
during the period of occupancy, if the landlord finds the account	66165
reasonably necessary to ensure the availability of funds for the	66166
restoration work. The interest earned in connection with an escrow	66167
account described in this division shall accrue to the benefit of	66168
the disabled tenant who makes payments into the account.	66169

(b) A landlord shall not condition permission for a proposed	66170
modification upon a disabled tenant's payment of a security	66171
deposit that exceeds the customarily required security deposit of	66172
all tenants of the particular housing accommodations.	66173

(19) Refuse to make reasonable accommodations in rules,	66174
policies, practices, or services when necessary to afford a person	66175
with a disability equal opportunity to use and enjoy a dwelling	66176
unit, including associated public and common use areas;	66177

(20) Fail to comply with the standards and rules adopted	66178
under division (A) of section 3781.111 of the Revised Code;	66179

(21) Discriminate against any person in the selling,	66180
brokering, or appraising of real property because of race, color,	66181
religion, sex, military status, familial status, ancestry,	66182
disability, or national origin;	66183

(22) Fail to design and construct covered multifamily	66184
dwellings for first occupancy on or after June 30, 1992, in	66185
accordance with the following conditions:	66186

(a) The dwellings shall have at least one building entrance	66187
on an accessible route, unless it is impractical to do so because	66188
of the terrain or unusual characteristics of the site.	66189

(b) With respect to dwellings that have a building entrance	66190
on an accessible route, all of the following apply:	66191

(i) The public use areas and common use areas of the	66192
dwellings shall be readily accessible to and usable by persons	66193
with a disability.	66194

(ii) All the doors designed to allow passage into and within	66195
all premises shall be sufficiently wide to allow passage by	66196
persons with a disability who are in wheelchairs.	66197

(iii) All premises within covered multifamily dwelling units	66198
shall contain an accessible route into and through the dwelling;	66199
all light switches, electrical outlets, thermostats, and other	66200
environmental controls within such units shall be in accessible	66201
locations; the bathroom walls within such units shall contain	66202
reinforcements to allow later installation of grab bars; and the	66203
kitchens and bathrooms within such units shall be designed and	66204
constructed in a manner that enables an individual in a wheelchair	66205
to maneuver about such rooms.	66206

For purposes of division (H)(22) of this section, "covered	66207
multifamily dwellings" means buildings consisting of four or more	66208
units if such buildings have one or more elevators and ground	66209
floor units in other buildings consisting of four or more units.	66210

(I) For any person to discriminate in any manner against any	66211
other person because that person has opposed any unlawful	66212
discriminatory practice defined in this section or because that	66213
person has made a charge, testified, assisted, or participated in	66214
any manner in any investigation, proceeding, or hearing under	66215
sections 4112.01 to 4112.07 of the Revised Code.	66216

(J) For any person to aid, abet, incite, compel, or coerce	66217
the doing of any act declared by this section to be an unlawful	66218
discriminatory practice, to obstruct or prevent any person from	66219
complying with this chapter or any order issued under it, or to	66220
attempt directly or indirectly to commit any act declared by this	66221
section to be an unlawful discriminatory practice.	66222

(K)(1) Nothing in division (H) of this section shall bar any	66223
religious or denominational institution or organization, or any	66224
nonprofit charitable or educational organization that is operated,	66225
supervised, or controlled by or in connection with a religious	66226
organization, from limiting the sale, rental, or occupancy of	66227
housing accommodations that it owns or operates for other than a	66228
commercial purpose to persons of the same religion, or from giving	66229
preference in the sale, rental, or occupancy of such housing	66230
accommodations to persons of the same religion, unless membership	66231
in the religion is restricted on account of race, color, or	66232
national origin.	66233

(2) Nothing in division (H) of this section shall bar any	66234
bona fide private or fraternal organization that, incidental to	66235
its primary purpose, owns or operates lodgings for other than a	66236
commercial purpose, from limiting the rental or occupancy of the	66237
lodgings to its members or from giving preference to its members.	66238

(3) Nothing in division (H) of this section limits the	66239
applicability of any reasonable local, state, or federal	66240
restrictions regarding the maximum number of occupants permitted	66241
to occupy housing accommodations. Nothing in that division	66242
prohibits the owners or managers of housing accommodations from	66243
implementing reasonable occupancy standards based on the number	66244
and size of sleeping areas or bedrooms and the overall size of a	66245
dwelling unit, provided that the standards are not implemented to	66246
circumvent the purposes of this chapter and are formulated,	66247
implemented, and interpreted in a manner consistent with this	66248
chapter and any applicable local, state, or federal restrictions	66249
regarding the maximum number of occupants permitted to occupy	66250
housing accommodations.	66251

(4) Nothing in division (H) of this section requires that	66252
housing accommodations be made available to an individual whose	66253
tenancy would constitute a direct threat to the health or safety	66254
of other individuals or whose tenancy would result in substantial	66255
physical damage to the property of others.	66256

(5) Nothing in division (H) of this section pertaining to	66257
discrimination on the basis of familial status shall be construed	66258
to apply to any of the following:	66259

(a) Housing accommodations provided under any state or	66260
federal program that have been determined under the "Fair Housing	66261
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	66262
amended, to be specifically designed and operated to assist	66263
elderly persons;	66264

(b) Housing accommodations intended for and solely occupied	66265
by persons who are sixty-two years of age or older;	66266

(c) Housing accommodations intended and operated for	66267
occupancy by at least one person who is fifty-five years of age or	66268
older per unit, as determined under the "Fair Housing Amendments	66269
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	66270

(L) Nothing in divisions (A) to (E) of this section shall be	66271
construed to require a person with a disability to be employed or	66272
trained under circumstances that would significantly increase the	66273
occupational hazards affecting either the person with a	66274
disability, other employees, the general public, or the facilities	66275
in which the work is to be performed, or to require the employment	66276
or training of a person with a disability in a job that requires	66277
the person with a disability routinely to undertake any task, the	66278
performance of which is substantially and inherently impaired by	66279
the person's disability.	66280

(M) Nothing in divisions (H)(1) to (18) of this section shall	66281
be construed to require any person selling or renting property to	66282
modify the property in any way or to exercise a higher degree of	66283
care for a person with a disability, to relieve any person with a	66284
disability of any obligation generally imposed on all persons	66285
regardless of disability in a written lease, rental agreement, or	66286
contract of purchase or sale, or to forbid distinctions based on	66287
the inability to fulfill the terms and conditions, including	66288
financial obligations, of the lease, agreement, or contract.	66289

(N) An aggrieved individual may enforce the individual's	66290
rights relative to discrimination on the basis of age as provided	66291
for in this section by instituting a civil action, within one	66292
hundred eighty days after the alleged unlawful discriminatory	66293
practice occurred, in any court with jurisdiction for any legal or	66294
equitable relief that will effectuate the individual's rights.	66295

A person who files a civil action under this division is	66296
barred, with respect to the practices complained of, from	66297
instituting a civil action under section 4112.14 of the Revised	66298
Code and from filing a charge with the commission under section	66299
4112.05 of the Revised Code.	66300

(O) With regard to age, it shall not be an unlawful	66301
discriminatory practice and it shall not constitute a violation of	66302
division (A) of section 4112.14 of the Revised Code for any	66303
employer, employment agency, joint labor-management committee	66304
controlling apprenticeship training programs, or labor	66305
organization to do any of the following:	66306

(1) Establish bona fide employment qualifications reasonably	66307
related to the particular business or occupation that may include	66308
standards for skill, aptitude, physical capability, intelligence,	66309
education, maturation, and experience;	66310

(2) Observe the terms of a bona fide seniority system or any	66311
bona fide employee benefit plan, including, but not limited to, a	66312
retirement, pension, or insurance plan, that is not a subterfuge	66313
to evade the purposes of this section. However, no such employee	66314
benefit plan shall excuse the failure to hire any individual, and	66315
no such seniority system or employee benefit plan shall require or	66316
permit the involuntary retirement of any individual, because of	66317
the individual's age except as provided for in the "Age	66318
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	66319
29 U.S.C.A. 623, as amended by the "Age Discrimination in	66320
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	66321
623, as amended.	66322

(3) Retire an employee who has attained sixty-five years of	66323
age who, for the two-year period immediately before retirement, is	66324
employed in a bona fide executive or a high policymaking position,	66325
if the employee is entitled to an immediate nonforfeitable annual	66326
retirement benefit from a pension, profit-sharing, savings, or	66327
deferred compensation plan, or any combination of those plans, of	66328
the employer of the employee, which equals, in the aggregate, at	66329
least forty-four thousand dollars, in accordance with the	66330
conditions of the "Age Discrimination in Employment Act Amendment	66331
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	66332
Discrimination in Employment Act Amendments of 1986," 100 Stat.	66333
3342, 29 U.S.C.A. 631, as amended;	66334

(4) Observe the terms of any bona fide apprenticeship program	66335
if the program is registered with the Ohio apprenticeship council	66336
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	66337
approved by the federal committee on apprenticeship of the United	66338
States department of labor.	66339

(P) Nothing in this chapter prohibiting age discrimination	66340
and nothing in division (A) of section 4112.14 of the Revised Code	66341
shall be construed to prohibit the following:	66342

(1) The designation of uniform age the attainment of which is	66343
necessary for public employees to receive pension or other	66344
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	66345
or 5505. of the Revised Code;	66346

(2) The mandatory retirement of uniformed patrol officers of	66347
the state highway patrol as provided in section 5505.16 of the	66348
Revised Code;	66349

(3) The maximum age requirements for appointment as a patrol	66350
officer in the state highway patrol established by section 5503.01	66351
of the Revised Code;	66352

(4) The maximum age requirements established for original	66353
appointment to a police department or fire department in sections	66354
124.41 and 124.42 of the Revised Code;	66355

(5) Any maximum age not in conflict with federal law that may	66356
be established by a municipal charter, municipal ordinance, or	66357
resolution of a board of township trustees for original	66358
appointment as a police officer or firefighter;	66359

(6) Any mandatory retirement provision not in conflict with	66360
federal law of a municipal charter, municipal ordinance, or	66361
resolution of a board of township trustees pertaining to police	66362
officers and firefighters;	66363

(7) Until January 1, 1994, the mandatory retirement of any	66364
employee who has attained seventy years of age and who is serving	66365
under a contract of unlimited tenure, or similar arrangement	66366
providing for unlimited tenure, at an institution of higher	66367
education as defined in the "Education Amendments of 1980," 94	66368
Stat. 1503, 20 U.S.C.A. 1141(a).	66369

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	66370
section, for purposes of divisions (A) to (E) of this section, a	66371
disability does not include any physiological disorder or	66372
condition, mental or psychological disorder, or disease or	66373
condition caused by an illegal use of any controlled substance by	66374
an employee, applicant, or other person, if an employer,	66375
employment agency, personnel placement service, labor	66376
organization, or joint labor-management committee acts on the	66377
basis of that illegal use.	66378

(b) Division (Q)(1)(a) of this section does not apply to an	66379
employee, applicant, or other person who satisfies any of the	66380
following:	66381

(i) The employee, applicant, or other person has successfully	66382
completed a supervised drug rehabilitation program and no longer	66383
is engaging in the illegal use of any controlled substance, or the	66384
employee, applicant, or other person otherwise successfully has	66385
been rehabilitated and no longer is engaging in that illegal use.	66386

(ii) The employee, applicant, or other person is	66387
participating in a supervised drug rehabilitation program and no	66388
longer is engaging in the illegal use of any controlled substance.	66389

(iii) The employee, applicant, or other person is erroneously	66390
regarded as engaging in the illegal use of any controlled	66391
substance, but the employee, applicant, or other person is not	66392
engaging in that illegal use.	66393

(2) Divisions (A) to (E) of this section do not prohibit an	66394
employer, employment agency, personnel placement service, labor	66395
organization, or joint labor-management committee from doing any	66396
of the following:	66397

(a) Adopting or administering reasonable policies or	66398
procedures, including, but not limited to, testing for the illegal	66399
use of any controlled substance, that are designed to ensure that	66400
an individual described in division (Q)(1)(b)(i) or (ii) of this	66401
section no longer is engaging in the illegal use of any controlled	66402
substance;	66403

(b) Prohibiting the illegal use of controlled substances and	66404
the use of alcohol at the workplace by all employees;	66405

(c) Requiring that employees not be under the influence of	66406
alcohol or not be engaged in the illegal use of any controlled	66407
substance at the workplace;	66408

(d) Requiring that employees behave in conformance with the	66409
requirements established under "The Drug-Free Workplace Act of	66410
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	66411

(e) Holding an employee who engages in the illegal use of any	66412
controlled substance or who is an alcoholic to the same	66413
qualification standards for employment or job performance, and the	66414
same behavior, to which the employer, employment agency, personnel	66415
placement service, labor organization, or joint labor-management	66416
committee holds other employees, even if any unsatisfactory	66417
performance or behavior is related to an employee's illegal use of	66418
a controlled substance or alcoholism;	66419

(f) Exercising other authority recognized in the "Americans	66420
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	66421
as amended, including, but not limited to, requiring employees to	66422
comply with any applicable federal standards.	66423

(3) For purposes of this chapter, a test to determine the	66424
illegal use of any controlled substance does not include a medical	66425
examination.	66426

(4) Division (Q) of this section does not encourage,	66427
prohibit, or authorize, and shall not be construed as encouraging,	66428
prohibiting, or authorizing, the conduct of testing for the	66429
illegal use of any controlled substance by employees, applicants,	66430
or other persons, or the making of employment decisions based on	66431
the results of that type of testing.	66432

(R) This section does not apply to a religious corporation,	66433
association, educational institution, or society with respect to	66434
the employment of an individual of a particular religion to	66435
perform work connected with the carrying on by that religious	66436
corporation, association, educational institution, or society of	66437
its activities.	66438

The unlawful discriminatory practices defined in this section	66439
do not make it unlawful for a person or an appointing authority	66440
administering an examination under section 124.23 of the Revised	66441
Code to obtain information about an applicant's military status	66442
for the purpose of determining if the applicant is eligible for	66443
the additional credit that is available under that section.	66444

Sec. 4112.12. (A) There is hereby created the commission on	66445
African-American males, which shall consist of not more than	66446
twenty-five members as follows: the directors or their designees	66447
of the departments of health, development, ~~alcohol and drug~~	66448
~~addiction services~~mental health and addiction services, and job	66449
and family services; the equal employment opportunity officer of	66450
the department of administrative services or the equal employment	66451
opportunity officer's designee; the executive director or the	66452
executive director's designee of the Ohio civil rights commission;	66453
the executive director or the executive director's designee of the	66454
division of criminal justice services in the department of public	66455
safety; the superintendent of public instruction; the chancellor	66456
or the chancellor's designee of the Ohio board of regents; two	66457
members of the house of representatives appointed by the speaker	66458
of the house of representatives each of whom shall be members of	66459
different political parties; and two members of the senate	66460
appointed by the president of the senate each of whom shall be	66461
members of different political parties. The members who are	66462
members of the general assembly shall be nonvoting members. The	66463
Ohio state university African American and African studies	66464
community extension center, in consultation with the governor,	66465
shall appoint four members from the private corporate sector, at	66466
least four members from the public sector, and two members from	66467
the nonprofit sector.	66468

(B) Terms of office shall be for three years, except that	66469
members of the general assembly appointed to the commission shall	66470
be members only so long as they are members of the general	66471
assembly. Each term ends on the same day of the same month as did	66472
the term that it succeeds. Each member shall hold office from the	66473
date of appointment until the end of the term for which the member	66474
was appointed. Members may be reappointed. Vacancies shall be	66475
filled in the manner provided for original appointments. Any	66476
member appointed to fill a vacancy occurring prior to the	66477
expiration date of the term for which the member's predecessor was	66478
appointed shall hold office as a member for the remainder of that	66479
term. A member shall continue in office subsequent to the	66480
expiration date of the member's term until the member's successor	66481
takes office or until a period of sixty days has elapsed,	66482
whichever occurs first.	66483

The commission annually shall elect a chairperson from among	66484
its members.	66485

(C) Members of the commission and members of subcommittees	66486
appointed under division (B) of section 4112.13 of the Revised	66487
Code shall not be compensated, but shall be reimbursed for their	66488
necessary and actual expenses incurred in the performance of their	66489
official duties.	66490

(D) The Ohio state university African American and African	66491
studies community extension center, in consultation with the	66492
governor, shall appoint an executive director of the commission on	66493
African-American males, who shall be in the unclassified civil	66494
service. The executive director shall supervise the commission's	66495
activities and report to the commission and to the Ohio state	66496
university African American and African studies community	66497
extension center on the progress of those activities. The	66498
executive director shall do all things necessary for the efficient	66499
and effective implementation of the duties of the commission.	66500

The responsibilities assigned to the executive director do	66501
not relieve the members of the commission from final	66502
responsibility for the proper performance of the requirements of	66503
this division.	66504

(E) The commission on African-American males shall do all of	66505
the following:	66506

(1) Employ, promote, supervise, and remove all employees, as	66507
needed, in connection with the performance of its duties under	66508
this section;	66509

(2) Maintain its office in Columbus;

66510

(3) Acquire facilities, equipment, and supplies necessary to	66511
house the commission, its employees, and files and records under	66512
its control, and to discharge any duty imposed upon it by law. The	66513
expense of these acquisitions shall be audited and paid for in the	66514
same manner as other state expenses.	66515

(4) Establish the overall policy and management of the	66516
commission in accordance with this chapter;	66517

(5) Follow all state procurement requirements;

66518

(6) Implement the policies and plans of the Ohio state	66519
university African American and African studies community	66520
extension center as those policies and plans are formulated and	66521
adopted by the Ohio state university African American and African	66522
studies community extension center;	66523

(7) Report to the Ohio state university African American and	66524
African studies community extension center on the progress of the	66525
commission on African-American males in implementing the policies	66526
and plans of the Ohio state university African American and	66527
African studies community extension center.	66528

(F) The commission on African-American males may:

66529

(1) Hold sessions at any place within the state, except that	66530
the commission on African-American males shall meet at least	66531
quarterly;	66532

(2) Establish, change, or abolish positions, and assign and	66533
reassign duties and responsibilities of any employee of the	66534
commission on African-American males as necessary to achieve the	66535
most efficient performance of its functions.	66536

(G) The Ohio state university African American and African	66537
studies community extension center shall establish the overall	66538
policy and management of the commission on African-American males	66539
and shall direct, manage, and oversee the commission. The Ohio	66540
state university African American and African studies community	66541
extension center shall develop overall policies and plans, and the	66542
commission on African-American males shall implement those	66543
policies and plans. The commission on African-American males,	66544
through its executive director, shall keep the Ohio state	66545
university African American and African studies community	66546
extension center informed as to the activities of the commission	66547
on African-American males in such manner and at such times as the	66548
Ohio state university African American and African studies	66549
community extension center shall determine.	66550

The Ohio state university African American and African	66551
studies community extension center may prescribe duties and	66552
responsibilities of the commission on African-American males in	66553
addition to those prescribed in section 4112.13 of the Revised	66554
Code.	66555

(H) The Ohio state university African American and African	66556
studies community extension center annually shall contract for a	66557
report on the status of African Americans in this state. Issues to	66558
be evaluated in the report shall include the criminal justice	66559
system, education, employment, health care, and housing, and such	66560
other issues as the Ohio state university African American and	66561
African studies community extension center may specify. The report	66562
shall include policy recommendations relating to the issues	66563
covered in the report.	66564

Sec. 4112.31. The new African immigrants commission shall do	66565
all of the following:	66566

(A) Gather and disseminate information and conduct hearings,	66567
conferences, investigations, and special studies on problems and	66568
programs concerning sub-Saharan African people;	66569

(B) Secure appropriate recognition of the accomplishments and	66570
contributions of sub-Saharan African people to this state;	66571

(C) Stimulate public awareness of the problems of sub-Saharan	66572
African people by conducting a program of public education;	66573

(D) Develop, coordinate, and assist other public and private	66574
organizations that serve sub-Saharan African people, including the	66575
conducting of training programs for community leadership and	66576
service project staff;	66577

(E) Advise the governor, general assembly, and state	66578
departments and agencies of the nature, magnitude, and priorities	66579
of the problems of sub-Saharan African people;	66580

(F) Advise the governor, general assembly, and state	66581
departments and agencies on, and assist in the development and	66582
implementation of, comprehensive and coordinated policies,	66583
programs, and procedures focusing on the special problems and	66584
needs of sub-Saharan African people, especially in the fields of	66585
education, employment, energy, health, housing, welfare, and	66586
recreation;	66587

(G) Propose new programs concerning sub-Saharan African	66588
people to public and private agencies and evaluate for such	66589
agencies existing programs or prospective legislation concerning	66590
sub-Saharan African people;	66591

(H) Review and approve grants to be made from federal, state,	66592
or private funds that are administered or subcontracted by the	66593
commission;	66594

(I) Prepare, review, and approve an annual report;

66595

(J) Serve as a clearinghouse to review and comment on all	66596
proposals to meet the needs of sub-Saharan African people that are	66597
submitted to it by public and private agencies;	66598

(K) Apply for and accept grants and gifts from governmental	66599
and private sources to be administered by the commission or	66600
subcontracted to local agencies;	66601

(L) Monitor and evaluate all programs subcontracted to local	66602
agencies by the commission;	66603

(M) Endeavor to assure that sub-Saharan African people have	66604
access to decision-making bodies in all state and local	66605
governmental departments and agencies;	66606

(N) Establish advisory committees on special subjects as	66607
needed to facilitate and maximize community participation in the	66608
operation of the commission;	66609

(O) Establish with state and local governments and private	66610
business and industry relationships that promote and assure equal	66611
opportunity for sub-Saharan African people in government,	66612
education, and employment.	66613

(P) Create an interagency council consisting of the following	66614
persons or their authorized representatives: one member of the	66615
senate appointed by the president of the senate; one member of the	66616
house of representatives appointed by the speaker of the house of	66617
representatives; the directors of administrative services,	66618
agriculture, education, development services, health, highway	66619
safety, job and family services, liquor control, ~~mental health~~	66620
mental health and addiction services, ~~mental retardation~~ and	66621
developmental disabilities, natural resources, rehabilitation and	66622
correction, youth services, transportation, environmental	66623
protection, and budget and management; the chairperson of the Ohio	66624
civil rights commission, the administrators of the bureau of	66625
workers' compensation and the rehabilitation services commission,	66626
and an additional member of the governor's cabinet appointed by	66627
the governor. The new African immigrants commission, by rule, may	66628
designate other state officers or their representatives to be	66629
members of the council. The director of the commission shall be	66630
the chairperson of the council.	66631

The interagency council shall provide and coordinate the	66632
exchange of information relative to the needs of sub-Saharan	66633
African people and promote the delivery of state services to such	66634
people. The council shall meet at the call of the chairperson.	66635

Advisory committees shall be composed of persons representing	66636
community organizations and charitable institutions, public	66637
officials, and such other persons as the commission determines.	66638

Sec. 4115.034. On January 1, 1996, and the first day of	66639
January of every even-numbered year thereafter, the director of	66640
commerce shall adjust the threshold levels for which public	66641
improvement projects are subject to sections 4115.03 to 4115.16 of	66642
the Revised Code as set forth in divisions (B)(3) and (4) of	66643
section 4115.03 of the Revised Code. The director shall adjust	66644
those amounts according to the average increase or decrease for	66645
each of the two years immediately preceding the adjustment as set	66646
forth in ~~the United States department of commerce, bureau of the~~	66647
~~census implicit price deflator for~~the construction cost index	66648
published by the engineering news-record or, should that index	66649
cease to be published, a similar recognized industry index chosen	66650
by the director, provided that no increase or decrease for any	66651
year shall exceed three per cent of the threshold level in	66652
existence at the time of the adjustment.	66653

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	66654
Code, there is hereby created the state committee for the purchase	66655
of products and services provided by persons with severe	66656
disabilities. The committee shall be composed ex officio of the	66657
following persons, or their designees:	66658

(1) The directors of administrative services, ~~mental health~~	66659
mental health and addiction services, developmental disabilities,	66660
transportation, natural resources, and commerce;	66661

(2) The administrators of the rehabilitation services	66662
commission and the bureau of workers' compensation;	66663

(3) The secretary of state;

66664

(4) One representative of a purchasing department of a	66665
political subdivision who is designated by the governor.	66666

The governor shall appoint two representatives of a qualified	66667
nonprofit agency for persons with severe disabilities, and a	66668
person with a severe disability to the committee.	66669

(B) Within thirty days after September 29, 1995, the governor	66670
shall appoint the representatives of a qualified nonprofit agency	66671
for persons with severe disabilities to the committee for a term	66672
ending August 31, 1996. Thereafter, terms for such representatives	66673
are for three years, each term ending on the same day of the same	66674
month of the year as did the term that it succeeds. Each committee	66675
member shall serve from the date of the member's appointment until	66676
the end of the term for which the member was appointed. Vacancies	66677
shall be filled in the same manner provided for original	66678
appointments. Any member appointed to fill a vacancy occurring	66679
prior to the expiration date of the term for which the member's	66680
predecessor was appointed shall serve as a member for the	66681
remainder of that term. A member shall serve subsequent to the	66682
expiration of the member's term and shall continue to serve until	66683
the member's successor takes office.	66684

(C) Members of the committee shall serve without	66685
compensation. Except as otherwise provided in divisions (C)(1) and	66686
(2) of this section, members shall be reimbursed for actual and	66687
necessary expenses, including travel expenses, incurred while away	66688
from their homes or regular places of business and incurred while	66689
performing services for the committee.	66690

(1) The members listed in divisions (A)(1) to (3) of this	66691
section, or their designees, shall not be reimbursed for any	66692
expenses.	66693

(2) No member of the committee who is entitled to receive	66694
reimbursement for the performance of services for the committee	66695
from another agency or entity shall receive reimbursement from the	66696
committee.	66697

(D) The committee shall elect from among its members a	66698
chairperson. The committee may request from any agency of the	66699
state, political subdivision, or instrumentality of the state any	66700
information necessary to enable it to carry out the intent of	66701
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	66702
the committee, the agency, subdivision, or instrumentality shall	66703
furnish the information to the chairperson of the committee.	66704

(E) The committee shall not later than one hundred eighty	66705
days following the close of each fiscal year transmit to the	66706
governor, the general assembly, and each qualified nonprofit	66707
agency for persons with severe disabilities a report that includes	66708
the names of the committee members serving during the preceding	66709
fiscal year, the dates of committee meetings in that year, and any	66710
recommendations for changes in sections 4115.31 to 4115.35 of the	66711
Revised Code that the committee determines are necessary.	66712

(F) The director of administrative services shall designate a	66713
subordinate to act as executive director of the committee and	66714
shall furnish other staff and clerical assistance, office space,	66715
and supplies required by the committee.	66716

Sec. 4117.06. (A) The state employment relations board shall	66717
decide in each case the unit appropriate for the purposes of	66718
collective bargaining. The determination is final and conclusive	66719
and not appealable to the court.	66720

(B) The board shall determine the appropriateness of each	66721
bargaining unit and shall consider among other relevant factors:	66722
the desires of the employees; the community of interest; wages,	66723
hours, and other working conditions of the public employees; the	66724
effect of over-fragmentation; the efficiency of operations of the	66725
public employer; the administrative structure of the public	66726
employer; and the history of collective bargaining.	66727

(C) The board may determine a unit to be the appropriate unit	66728
in a particular case, even though some other unit might also be	66729
appropriate.	66730

(D) In addition, in determining the appropriate unit, the	66731
board shall not:	66732

(1) Decide that any unit is appropriate if the unit includes	66733
both professional and nonprofessional employees, unless a majority	66734
of the professional employees and a majority of the	66735
nonprofessional employees first vote for inclusion in the unit;	66736

(2) Include guards or correction officers at correctional or	66737
mental institutions, special police officers appointed in	66738
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	66739
Revised Code, psychiatric attendants employed at mental health	66740
forensic facilities, youth leaders employed at juvenile correction	66741
facilities, or any public employee employed as a guard to enforce	66742
against other employees rules to protect property of the employer	66743
or to protect the safety of persons on the employer's premises in	66744
a unit with other employees;	66745

(3) Include members of a police or fire department or members	66746
of the state highway patrol in a unit with other classifications	66747
of public employees of the department;	66748

(4) Designate as appropriate a bargaining unit that contains	66749
more than one institution of higher education; nor shall it within	66750
any such institution of higher education designate as appropriate	66751
a unit where such designation would be inconsistent with the	66752
accreditation standards or interpretations of such standards,	66753
governing such institution of higher education or any department,	66754
school, or college thereof. For the purposes of this division, any	66755
branch or regional campus of a public institution of higher	66756
education is part of that institution of higher education.	66757

(5) Designate as appropriate a bargaining unit that contains	66758
employees within the jurisdiction of more than one elected county	66759
office holder, unless the county-elected office holder and the	66760
board of county commissioners agree to such other designation;	66761

(6) With respect to members of a police department, designate	66762
as appropriate a unit that includes rank and file members of the	66763
department with members who are of the rank of sergeant or above;	66764

(7) Except as otherwise provided by division (A)(3) of	66765
section 3314.10 or division (B) of section 3326.18 of the Revised	66766
Code, designate as appropriate a bargaining unit that contains	66767
employees from multiple community schools established under	66768
Chapter 3314. or multiple science, technology, engineering, and	66769
mathematics schools established under Chapter 3326. of the Revised	66770
Code. For purposes of this division, more than one unit may be	66771
designated within a single community school or science,	66772
technology, engineering, and mathematics school.	66773

This section shall not be deemed to prohibit multiunit	66774
bargaining.	66775

Sec. 4117.14. (A) The procedures contained in this section	66776
govern the settlement of disputes between an exclusive	66777
representative and a public employer concerning the termination or	66778
modification of an existing collective bargaining agreement or	66779
negotiation of a successor agreement, or the negotiation of an	66780
initial collective bargaining agreement.	66781

(B)(1) In those cases where there exists a collective	66782
bargaining agreement, any public employer or exclusive	66783
representative desiring to terminate, modify, or negotiate a	66784
successor collective bargaining agreement shall:	66785

(a) Serve written notice upon the other party of the proposed	66786
termination, modification, or successor agreement. The party must	66787
serve the notice not less than sixty days prior to the expiration	66788
date of the existing agreement or, in the event the existing	66789
collective bargaining agreement does not contain an expiration	66790
date, not less than sixty days prior to the time it is proposed to	66791
make the termination or modifications or to make effective a	66792
successor agreement.	66793

(b) Offer to bargain collectively with the other party for	66794
the purpose of modifying or terminating any existing agreement or	66795
negotiating a successor agreement;	66796

(c) Notify the state employment relations board of the offer	66797
by serving upon the board a copy of the written notice to the	66798
other party and a copy of the existing collective bargaining	66799
agreement.	66800

(2) In the case of initial negotiations between a public	66801
employer and an exclusive representative, where a collective	66802
bargaining agreement has not been in effect between the parties,	66803
any party may serve notice upon the board and the other party	66804
setting forth the names and addresses of the parties and offering	66805
to meet, for a period of ninety days, with the other party for the	66806
purpose of negotiating a collective bargaining agreement.	66807

If the settlement procedures specified in divisions (B), (C),	66808
and (D) of this section govern the parties, where those procedures	66809
refer to the expiration of a collective bargaining agreement, it	66810
means the expiration of the sixty-day period to negotiate a	66811
collective bargaining agreement referred to in this subdivision,	66812
or in the case of initial negotiations, it means the ninety-day	66813
period referred to in this subdivision.	66814

(3) The parties shall continue in full force and effect all	66815
the terms and conditions of any existing collective bargaining	66816
agreement, without resort to strike or lock-out, for a period of	66817
sixty days after the party gives notice or until the expiration	66818
date of the collective bargaining agreement, whichever occurs	66819
later, or for a period of ninety days where applicable.	66820

(4) Upon receipt of the notice, the parties shall enter into	66821
collective bargaining.	66822

(C) In the event the parties are unable to reach an	66823
agreement, they may submit, at any time prior to forty-five days	66824
before the expiration date of the collective bargaining agreement,	66825
the issues in dispute to any mutually agreed upon dispute	66826
settlement procedure which supersedes the procedures contained in	66827
this section.	66828

(1) The procedures may include:

66829

(a) Conventional arbitration of all unsettled issues;

66830

(b) Arbitration confined to a choice between the last offer	66831
of each party to the agreement as a single package;	66832

(c) Arbitration confined to a choice of the last offer of	66833
each party to the agreement on each issue submitted;	66834

(d) The procedures described in division (C)(1)(a), (b), or	66835
(c) of this section and including among the choices for the	66836
arbitrator, the recommendations of the fact finder, if there are	66837
recommendations, either as a single package or on each issue	66838
submitted;	66839

(e) Settlement by a citizens' conciliation council composed	66840
of three residents within the jurisdiction of the public employer.	66841
The public employer shall select one member and the exclusive	66842
representative shall select one member. The two members selected	66843
shall select the third member who shall chair the council. If the	66844
two members cannot agree upon a third member within five days	66845
after their appointments, the board shall appoint the third	66846
member. Once appointed, the council shall make a final settlement	66847
of the issues submitted to it pursuant to division (G) of this	66848
section.	66849

(f) Any other dispute settlement procedure mutually agreed to	66850
by the parties.	66851

(2) If, fifty days before the expiration date of the	66852
collective bargaining agreement, the parties are unable to reach	66853
an agreement, any party may request the state employment relations	66854
board to intervene. The request shall set forth the names and	66855
addresses of the parties, the issues involved, and, if applicable,	66856
the expiration date of any agreement.	66857

The board shall intervene and investigate the dispute to	66858
determine whether the parties have engaged in collective	66859
bargaining.	66860

If an impasse exists or forty-five days before the expiration	66861
date of the collective bargaining agreement if one exists, the	66862
board shall appoint a mediator to assist the parties in the	66863
collective bargaining process.	66864

(3) Any time after the appointment of a mediator, either	66865
party may request the appointment of a fact-finding panel. Within	66866
fifteen days after receipt of a request for a fact-finding panel,	66867
the board shall appoint a fact-finding panel of not more than	66868
three members who have been selected by the parties in accordance	66869
with rules established by the board, from a list of qualified	66870
persons maintained by the board.	66871

(a) The fact-finding panel shall, in accordance with rules	66872
and procedures established by the board that include the	66873
regulation of costs and expenses of fact-finding, gather facts and	66874
make recommendations for the resolution of the matter. The board	66875
shall by its rules require each party to specify in writing the	66876
unresolved issues and its position on each issue to the	66877
fact-finding panel. The fact-finding panel shall make final	66878
recommendations as to all the unresolved issues.	66879

(b) The board may continue mediation, order the parties to	66880
engage in collective bargaining until the expiration date of the	66881
agreement, or both.	66882

(4) The following guidelines apply to fact-finding:

66883

(a) The fact-finding panel may establish times and place of	66884
hearings which shall be, where feasible, in the jurisdiction of	66885
the state.	66886

(b) The fact-finding panel shall conduct the hearing pursuant	66887
to rules established by the board.	66888

(c) Upon request of the fact-finding panel, the board shall	66889
issue subpoenas for hearings conducted by the panel.	66890

(d) The fact-finding panel may administer oaths.

66891

(e) The board shall prescribe guidelines for the fact-finding	66892
panel to follow in making findings. In making its recommendations,	66893
the fact-finding panel shall take into consideration the factors	66894
listed in divisions (G)(7)(a) to (f) of this section.	66895

(f) The fact-finding panel may attempt mediation at any time	66896
during the fact-finding process. From the time of appointment	66897
until the fact-finding panel makes a final recommendation, it	66898
shall not discuss the recommendations for settlement of the	66899
dispute with parties other than the direct parties to the dispute.	66900

(5) The fact-finding panel, acting by a majority of its	66901
members, shall transmit its findings of fact and recommendations	66902
on the unresolved issues to the public employer and employee	66903
organization involved and to the board no later than fourteen days	66904
after the appointment of the fact-finding panel, unless the	66905
parties mutually agree to an extension. The parties shall share	66906
the cost of the fact-finding panel in a manner agreed to by the	66907
parties.	66908

(6)(a) Not later than seven days after the findings and	66909
recommendations are sent, the legislative body, by a three-fifths	66910
vote of its total membership, and in the case of the public	66911
employee organization, the membership, by a three-fifths vote of	66912
the total membership, may reject the recommendations; if neither	66913
rejects the recommendations, the recommendations shall be deemed	66914
agreed upon as the final resolution of the issues submitted and a	66915
collective bargaining agreement shall be executed between the	66916
parties, including the fact-finding panel's recommendations,	66917
except as otherwise modified by the parties by mutual agreement.	66918
If either the legislative body or the public employee organization	66919
rejects the recommendations, the board shall publicize the	66920
findings of fact and recommendations of the fact-finding panel.	66921
The board shall adopt rules governing the procedures and methods	66922
for public employees to vote on the recommendations of the	66923
fact-finding panel.	66924

(b) As used in division (C)(6)(a) of this section,	66925
"legislative body" means the controlling board when the state or	66926
any of its agencies, authorities, commissions, boards, or other	66927
branch of public employment is party to the fact-finding process.	66928

(D) If the parties are unable to reach agreement within seven	66929
days after the publication of findings and recommendations from	66930
the fact-finding panel or the collective bargaining agreement, if	66931
one exists, has expired, then the:	66932

(1) Public employees, who are members of a police or fire	66933
department, members of the state highway patrol, deputy sheriffs,	66934
dispatchers employed by a police, fire, or sheriff's department or	66935
the state highway patrol or civilian dispatchers employed by a	66936
public employer other than a police, fire, or sheriff's department	66937
to dispatch police, fire, sheriff's department, or emergency	66938
medical or rescue personnel and units, an exclusive nurse's unit,	66939
employees of the state school for the deaf or the state school for	66940
the blind, employees of any public employee retirement system,	66941
corrections officers, guards at penal or mental institutions,	66942
special police officers appointed in accordance with sections	66943
~~5119.14~~5119.08 and 5123.13 of the Revised Code, psychiatric	66944
attendants employed at mental health forensic facilities, youth	66945
leaders employed at juvenile correctional facilities, or members	66946
of a law enforcement security force that is established and	66947
maintained exclusively by a board of county commissioners and	66948
whose members are employed by that board, shall submit the matter	66949
to a final offer settlement procedure pursuant to a board order	66950
issued forthwith to the parties to settle by a conciliator	66951
selected by the parties. The parties shall request from the board	66952
a list of five qualified conciliators and the parties shall select	66953
a single conciliator from the list by alternate striking of names.	66954
If the parties cannot agree upon a conciliator within five days	66955
after the board order, the board shall on the sixth day after its	66956
order appoint a conciliator from a list of qualified persons	66957
maintained by the board or shall request a list of qualified	66958
conciliators from the American arbitration association and appoint	66959
therefrom.	66960

(2) Public employees other than those listed in division	66961
(D)(1) of this section have the right to strike under Chapter	66962
4117. of the Revised Code provided that the employee organization	66963
representing the employees has given a ten-day prior written	66964
notice of an intent to strike to the public employer and to the	66965
board, and further provided that the strike is for full,	66966
consecutive work days and the beginning date of the strike is at	66967
least ten work days after the ending date of the most recent prior	66968
strike involving the same bargaining unit; however, the board, at	66969
its discretion, may attempt mediation at any time.	66970

(E) Nothing in this section shall be construed to prohibit	66971
the parties, at any time, from voluntarily agreeing to submit any	66972
or all of the issues in dispute to any other alternative dispute	66973
settlement procedure. An agreement or statutory requirement to	66974
arbitrate or to settle a dispute pursuant to a final offer	66975
settlement procedure and the award issued in accordance with the	66976
agreement or statutory requirement is enforceable in the same	66977
manner as specified in division (B) of section 4117.09 of the	66978
Revised Code.	66979

(F) Nothing in this section shall be construed to prohibit a	66980
party from seeking enforcement of a collective bargaining	66981
agreement or a conciliator's award as specified in division (B) of	66982
section 4117.09 of the Revised Code.	66983

(G) The following guidelines apply to final offer settlement	66984
proceedings under division (D)(1) of this section:	66985

(1) The parties shall submit to final offer settlement those	66986
issues that are subject to collective bargaining as provided by	66987
section 4117.08 of the Revised Code and upon which the parties	66988
have not reached agreement and other matters mutually agreed to by	66989
the public employer and the exclusive representative; except that	66990
the conciliator may attempt mediation at any time.	66991

(2) The conciliator shall hold a hearing within thirty days	66992
of the board's order to submit to a final offer settlement	66993
procedure, or as soon thereafter as is practicable.	66994

(3) The conciliator shall conduct the hearing pursuant to	66995
rules developed by the board. The conciliator shall establish the	66996
hearing time and place, but it shall be, where feasible, within	66997
the jurisdiction of the state. Not later than five calendar days	66998
before the hearing, each of the parties shall submit to the	66999
conciliator, to the opposing party, and to the board, a written	67000
report summarizing the unresolved issues, the party's final offer	67001
as to the issues, and the rationale for that position.	67002

(4) Upon the request by the conciliator, the board shall	67003
issue subpoenas for the hearing.	67004

(5) The conciliator may administer oaths.

67005

(6) The conciliator shall hear testimony from the parties and	67006
provide for a written record to be made of all statements at the	67007
hearing. The board shall submit for inclusion in the record and	67008
for consideration by the conciliator the written report and	67009
recommendation of the fact-finders.	67010

(7) After hearing, the conciliator shall resolve the dispute	67011
between the parties by selecting, on an issue-by-issue basis, from	67012
between each of the party's final settlement offers, taking into	67013
consideration the following:	67014

(a) Past collectively bargained agreements, if any, between	67015
the parties;	67016

(b) Comparison of the issues submitted to final offer	67017
settlement relative to the employees in the bargaining unit	67018
involved with those issues related to other public and private	67019
employees doing comparable work, giving consideration to factors	67020
peculiar to the area and classification involved;	67021

(c) The interests and welfare of the public, the ability of	67022
the public employer to finance and administer the issues proposed,	67023
and the effect of the adjustments on the normal standard of public	67024
service;	67025

(d) The lawful authority of the public employer;

67026

(e) The stipulations of the parties;

67027

(f) Such other factors, not confined to those listed in this	67028
section, which are normally or traditionally taken into	67029
consideration in the determination of the issues submitted to	67030
final offer settlement through voluntary collective bargaining,	67031
mediation, fact-finding, or other impasse resolution procedures in	67032
the public service or in private employment.	67033

(8) Final offer settlement awards made under Chapter 4117. of	67034
the Revised Code are subject to Chapter 2711. of the Revised Code.	67035

(9) If more than one conciliator is used, the determination	67036
must be by majority vote.	67037

(10) The conciliator shall make written findings of fact and	67038
promulgate a written opinion and order upon the issues presented	67039
to the conciliator, and upon the record made before the	67040
conciliator and shall mail or otherwise deliver a true copy	67041
thereof to the parties and the board.	67042

(11) Increases in rates of compensation and other matters	67043
with cost implications awarded by the conciliator may be effective	67044
only at the start of the fiscal year next commencing after the	67045
date of the final offer settlement award; provided that if a new	67046
fiscal year has commenced since the issuance of the board order to	67047
submit to a final offer settlement procedure, the awarded	67048
increases may be retroactive to the commencement of the new fiscal	67049
year. The parties may, at any time, amend or modify a	67050
conciliator's award or order by mutual agreement.	67051

(12) The parties shall bear equally the cost of the final	67052
offer settlement procedure.	67053

(13) Conciliators appointed pursuant to this section shall be	67054
residents of the state.	67055

(H) All final offer settlement awards and orders of the	67056
conciliator made pursuant to Chapter 4117. of the Revised Code are	67057
subject to review by the court of common pleas having jurisdiction	67058
over the public employer as provided in Chapter 2711. of the	67059
Revised Code. If the public employer is located in more than one	67060
court of common pleas district, the court of common pleas in which	67061
the principal office of the chief executive is located has	67062
jurisdiction.	67063

(I) The issuance of a final offer settlement award	67064
constitutes a binding mandate to the public employer and the	67065
exclusive representative to take whatever actions are necessary to	67066
implement the award.	67067

Sec. 4117.15. (A) Whenever a strike by members of a police	67068
or fire department, members of the state highway patrol, deputy	67069
sheriffs, dispatchers employed by a police, fire, or sheriff's	67070
department or the state highway patrol or civilian dispatchers	67071
employed by a public employer other than a police, fire, or	67072
sheriff's department to dispatch police, fire, sheriff's	67073
department, or emergency medical or rescue personnel and units, an	67074
exclusive nurse's unit, employees of the state school for the deaf	67075
or the state school for the blind, employees of any public	67076
employee retirement system, correction officers, guards at penal	67077
or mental institutions, or special police officers appointed in	67078
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	67079
Revised Code, psychiatric attendants employed at mental health	67080
forensic facilities, youth leaders employed at juvenile	67081
correctional facilities, or members of a law enforcement security	67082
force that is established and maintained exclusively by a board of	67083
county commissioners and whose members are employed by that board,	67084
a strike by other public employees during the pendency of the	67085
settlement procedures set forth in section 4117.14 of the Revised	67086
Code, or a strike during the term or extended term of a collective	67087
bargaining agreement occurs, the public employer may seek an	67088
injunction against the strike in the court of common pleas of the	67089
county in which the strike is located.	67090

(B) An unfair labor practice by a public employer is not a	67091
defense to the injunction proceeding noted in division (A) of this	67092
section. Allegations of unfair labor practices during the	67093
settlement procedures set forth in section 4117.14 of the Revised	67094
Code shall receive priority by the state employment relations	67095
board.	67096

(C) No public employee is entitled to pay or compensation	67097
from the public employer for the period engaged in any strike.	67098

Sec. 4121.50. Not later than July 1, 2012, the administrator	67099
of workers' compensation shall adopt rules in accordance with	67100
Chapter 119. of the Revised Code to implement a coordinated	67101
services program for claimants under this chapter or Chapter	67102
4123., 4127., or 4131. of the Revised Code who are found to have	67103
obtained prescription drugs that were reimbursed pursuant to an	67104
order of the administrator or of the industrial commission or by a	67105
self-insuring employer but were obtained at a frequency or in an	67106
amount that is not medically necessary. The program shall be	67107
implemented in a manner that is substantially similar to the	67108
coordinated services programs established for the medicaid program	67109
under ~~section 5111.085~~sections 5164.758 and ~~5111.179~~5167.13 of	67110
the Revised Code.	67111

Sec. 4123.32. The administrator of workers' compensation,	67112
with the advice and consent of the bureau of workers' compensation	67113
board of directors, shall adopt rules with respect to the	67114
collection, maintenance, and disbursements of the state insurance	67115
fund including all of the following:	67116

(A) A rule providing that the premium security deposit	67117
collected from any employer entitles the employer to the benefits	67118
of this chapter for the remainder of the six months and also for	67119
an additional adjustment period of two months, and, thereafter, if	67120
the employer pays the premium due at the close of any six-month	67121
period, coverage shall be extended for an additional eight-month	67122
period beginning from the end of the six-month period for which	67123
the employer pays the premium due;	67124

(B) A rule providing for ascertaining the correctness of any	67125
employer's report of estimated or actual expenditure of wages and	67126
the determination and adjustment of proper premiums and the	67127
payment of those premiums by the employer for or during any period	67128
less than eight months and notwithstanding any payment or	67129
determination of premium made when exceptional conditions or	67130
circumstances in the judgment of the administrator justify the	67131
action;	67132

(C) Such special rules as the administrator considers	67133
necessary to safeguard the fund and that are just in the	67134
circumstances, covering the rates to be applied where one employer	67135
takes over the occupation or industry of another or where an	67136
employer first makes application for state insurance, and the	67137
administrator may require that if any employer transfers a	67138
business in whole or in part or otherwise reorganizes the	67139
business, the successor in interest shall assume, in proportion to	67140
the extent of the transfer, as determined by the administrator,	67141
the employer's account and shall continue the payment of all	67142
contributions due under this chapter;	67143

(D) A rule providing that an employer who employs an employee	67144
covered under the federal "Longshore and Harbor Workers'	67145
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	67146
chapter and Chapter 4121. of the Revised Code shall be assessed a	67147
premium in accordance with the expenditure of wages, payroll, or	67148
both attributable to only labor performed and services provided by	67149
such an employee when the employee performs labor and provides	67150
services for which the employee is not eligible to receive	67151
compensation and benefits under that federal act.	67152

(E) A rule providing for all of the following:

67153

(1) If, within two months immediately after the expiration of	67154
the six-month period, an employer fails to file a report of the	67155
employer's actual payroll expenditures for the period, the premium	67156
found to be due from the employer for the period shall be	67157
increased in an amount equal to one per cent of the premium, but	67158
the increase shall not be less than three nor more than fifteen	67159
dollars;	67160

(2) The premium determined by the administrator to be due	67161
from an employer shall be payable on or before the end of the	67162
coverage period established by the premium security deposit, or	67163
within the time specified by the administrator if the period for	67164
which the advance premium has been paid is less than eight months.	67165
If an employer fails to pay the premium when due, the	67166
administrator may add a late fee penalty of not more than thirty	67167
dollars to the premium plus an additional penalty amount as	67168
follows:	67169

(a) For a premium from sixty-one to ninety days past due, the	67170
prime interest rate, multiplied by the premium due;	67171

(b) For a premium from ninety-one to one hundred twenty days	67172
past due, the prime interest rate plus two per cent, multiplied by	67173
the premium due;	67174

(c) For a premium from one hundred twenty-one to one hundred	67175
fifty days past due, the prime interest rate plus four per cent,	67176
multiplied by the premium due;	67177

(d) For a premium from one hundred fifty-one to one hundred	67178
eighty days past due, the prime interest rate plus six per cent,	67179
multiplied by the premium due;	67180

(e) For a premium from one hundred eighty-one to two hundred	67181
ten days past due, the prime interest rate plus eight per cent,	67182
multiplied by the premium due;	67183

(f) For each additional thirty-day period or portion thereof	67184
that a premium remains past due after it has remained past due for	67185
more than two hundred ten days, the prime interest rate plus eight	67186
per cent, multiplied by the premium due.	67187

(3) Notwithstanding the interest rates specified in division	67188
(E)(2) of this section, at no time shall the additional penalty	67189
amount assessed under division (E)(2) of this section exceed	67190
fifteen per cent of the premium due.	67191

(4) An employer may appeal a late fee penalty or additional	67192
penalty to an adjudicating committee pursuant to section 4123.291	67193
of the Revised Code.	67194

For purposes of division (E) of this section, "prime interest	67195
rate" means the average bank prime rate, and the administrator	67196
shall determine the prime interest rate in the same manner as a	67197
county auditor determines the average bank prime rate under	67198
section 929.02 of the Revised Code.	67199

(5) If the employer files an appropriate payroll report,	67200
within the time provided by law or within the time specified by	67201
the administrator if the period for which the employer paid an	67202
estimated premium is less than eight months, the employer shall	67203
not be in default and division (E)(2) of this section shall not	67204
apply if the employer pays the premiums within fifteen days after	67205
being first notified by the administrator of the amount due.	67206

(6) Any deficiencies in the amounts of the premium security	67207
deposit paid by an employer for any period shall be subject to an	67208
interest charge of six per cent per annum from the date the	67209
premium obligation is incurred. In determining the interest due on	67210
deficiencies in premium security deposit payments, a charge in	67211
each case shall be made against the employer in an amount equal to	67212
interest at the rate of six per cent per annum on the premium	67213
security deposit due but remaining unpaid sixty days after notice	67214
by the administrator.	67215

(7) Any interest charges or penalties provided for in	67216
divisions (E)(2) and (6) of this section shall be credited to the	67217
employer's account for rating purposes in the same manner as	67218
premiums.	67219

(F) A rule providing that each employer, on the occasion of	67220
instituting coverage under this chapter, shall submit a premium	67221
security deposit. The deposit shall be calculated equivalent to	67222
thirty per cent of the semiannual premium obligation of the	67223
employer based upon the employer's estimated expenditure for wages	67224
for the ensuing six-month period plus thirty per cent of an	67225
additional adjustment period of two months but only up to a	67226
maximum of one thousand dollars and not less than ten dollars. The	67227
administrator shall review the security deposit of every employer	67228
who has submitted a deposit which is less than the	67229
one-thousand-dollar maximum. The administrator may require any	67230
such employer to submit additional money up to the maximum of one	67231
thousand dollars that, in the administrator's opinion, reflects	67232
the employer's current payroll expenditure for an eight-month	67233
period.	67234

(G) A rule providing that each employer, on the occasion of	67235
instituting coverage under this chapter, shall submit an	67236
application for coverage that completely provides all of the	67237
information required for the administrator to establish coverage	67238
for that employer, and that the employer's failure to provide all	67239
of the information completely may be grounds for the administrator	67240
to deny coverage for that employer.	67241

(H) A rule providing that, in addition to any other remedies	67242
permitted in this chapter, the administrator may discontinue an	67243
employer's coverage if the employer fails to pay the premium due	67244
on or before the premium's due date.	67245

(I) A rule providing that if after a final adjudication it is	67246
determined that an employer has failed to pay an obligation,	67247
billing, account, or assessment that is greater than one thousand	67248
dollars on or before its due date, the administrator may	67249
discontinue the employer's coverage in addition to any other	67250
remedies permitted in this chapter, and that the administrator	67251
shall not discontinue an employer's coverage pursuant to this	67252
division prior to a final adjudication regarding the employer's	67253
failure to pay such obligation, billing, account, or assessment on	67254
or before its due date.	67255

(J) As used in divisions (H) and (I) of this section:

67256

(1) "Employer" has the same meaning as in division (B) of	67257
section 4123.01 of the Revised Code except that "employer" does	67258
not include the state, a state hospital, or a state university or	67259
college.	67260

(2) "State university or college" has the same meaning as in	67261
section 3345.12 of the Revised Code and also includes the Ohio	67262
agricultural research and development center and ~~the Ohio state~~	67263
~~university cooperative~~OSU extension ~~service~~.	67264

(3) "State hospital" means the Ohio state university hospital	67265
and its ancillary facilities and the medical university of Ohio at	67266
Toledo hospital.	67267

Sec. 4131.03. (A) For the relief of persons who are entitled	67268
to receive benefits by virtue of the federal act, there is hereby	67269
established a coal-workers pneumoconiosis fund, which shall be	67270
separate from the funds established and administered pursuant to	67271
Chapter 4123. of the Revised Code. The fund shall consist of	67272
premiums and other payments thereto by subscribers who elect to	67273
subscribe to the fund to insure the payment of benefits required	67274
by the federal act.	67275

(B)~~(1)~~ The coal-workers pneumoconiosis fund shall be in the	67276
custody of the treasurer of state. The bureau of workers'	67277
compensation shall make disbursements from the fund to those	67278
persons entitled to payment therefrom and in the amounts required	67279
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	67280
investment earnings of the fund shall be credited to the fund.	67281

~~(2) Beginning July 1, 2011, and ending June 30, 2013, the~~	67282
~~director of natural resources annually may request the~~	67283
~~administrator of workers' compensation to transfer a portion of~~	67284
~~the investment earnings credited to the coal-workers~~	67285
~~pneumoconiosis fund as provided in this division. If the~~	67286
~~administrator receives a request from the director, the~~	67287
~~administrator, on the first day of July, or as soon as possible~~	67288
~~after that date, shall transfer from the investment earnings~~	67289
~~credited to the coal-workers pneumoconiosis fund an amount not to~~	67290
~~exceed three million dollars to the mine safety fund created in~~	67291
~~section 1561.24 of the Revised Code for the purposes specified in~~	67292
~~that section and an amount not to exceed one million five hundred~~	67293
~~thousand dollars to the coal mining administration and reclamation~~	67294
~~reserve fund created in section 1513.181 of the Revised Code for~~	67295
~~the purposes specified in that section. The administrator, with~~	67296
~~the advice and consent of the bureau of workers' compensation~~	67297
~~board of directors, shall adopt rules governing the transfer in~~	67298
~~order to ensure the solvency of the coal-workers pneumoconiosis~~	67299
~~fund. For that purpose, the rules may establish tests based on~~	67300
~~measures of net assets, liabilities, expenses, interest, dividend~~	67301
~~income, or other factors that the administrator determines~~	67302
~~appropriate that may be applied prior to a transfer.~~	67303

(C) The administrator shall have the same powers to invest	67304
any of the surplus or reserve belonging to the coal-workers	67305
pneumoconiosis fund as are delegated to the administrator under	67306
section 4123.44 of the Revised Code with respect to the state	67307
insurance fund.	67308

(D) If the administrator determines that reinsurance of the	67309
risks of the coal-workers pneumoconiosis fund is necessary to	67310
assure solvency of the fund, the administrator may:	67311

(1) Enter into contracts for the purchase of reinsurance	67312
coverage of the risks of the fund with any company or agency	67313
authorized by law to issue contracts of reinsurance;	67314

(2) Pay the cost of reinsurance from the fund;

67315

(3) Include the costs of reinsurance as a liability and	67316
estimated liability of the fund.	67317

Sec. 4141.162. (A) The director of job and family services	67318
shall establish an income and eligibility verification system that	67319
complies with section 1137 of the "Social Security Act." The	67320
programs included in the system are all of the following:	67321

(1) Unemployment compensation pursuant to section 3304 of the	67322
"Internal Revenue Code of 1954";	67323

(2) The state programs funded in part under part A of Title	67324
IV of the "Social Security Act" and administered under Chapters	67325
5107. and 5108. of the Revised Code;	67326

(3) ~~Medicaid pursuant to Title XIX of the "Social Security~~	67327
~~Act"~~The medicaid program;	67328

(4) The supplemental nutrition assistance program pursuant to	67329
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.;	67330

(5) Any Ohio program under a plan approved under Title I, X,	67331
XIV, or XVI of the "Social Security Act."	67332

Wage information provided by employers to the director shall	67333
be furnished to the income and eligibility verification system.	67334
Such information shall be used by the director to determine	67335
eligibility of individuals for unemployment compensation benefits	67336
and the amount of those benefits and used by the agencies that	67337
administer the programs identified in divisions (A)(2) to (5) of	67338
this section to determine or verify eligibility for or the amount	67339
of benefits under those programs.	67340

The director shall fully implement the use of wage	67341
information to determine eligibility for and the amount of	67342
unemployment compensation benefits by September 30, 1988.	67343

Information furnished under the system shall also be made	67344
available to the appropriate state or local child support	67345
enforcement agency for the purposes of an approved plan under	67346
Title IV-D of the "Social Security Act" and to the appropriate	67347
federal agency for the purposes of Titles II and XVI of the	67348
"Social Security Act."	67349

(B) The director shall adopt rules as necessary under which	67350
the department of job and family services and other state agencies	67351
that the director determines must participate in order to ensure	67352
compliance with section 1137 of the "Social Security Act" exchange	67353
information with each other or authorized federal agencies about	67354
individuals who are applicants for or recipients of benefits under	67355
any of the programs enumerated in division (A) of this section.	67356
The rules shall extend to all of the following:	67357

(1) A requirement for standardized formats and procedures for	67358
a participating agency to request and receive information about an	67359
individual, which information shall include the individual's	67360
social security number;	67361

(2) A requirement that all applicants for and recipients of	67362
benefits under any program enumerated in division (A) of this	67363
section be notified at the time of application, and periodically	67364
thereafter, that information available through the system may be	67365
shared with agencies that administer other benefit programs and	67366
utilized in establishing or verifying eligibility or benefit	67367
amounts under the other programs enumerated in division (A) of	67368
this section;	67369

(3) A requirement that information is made available only to	67370
the extent necessary to assist in the valid administrative needs	67371
of the program receiving the information and is targeted for use	67372
in ways which are most likely to be productive in identifying and	67373
preventing ineligibility and incorrect payments;	67374

(4) A requirement that information is adequately protected	67375
against unauthorized disclosures for purposes other than to	67376
establish or verify eligibility or benefit amounts under the	67377
programs enumerated in division (A) of this section;	67378

(5) A requirement that a program providing information is	67379
reimbursed by the program using the information for the actual	67380
costs of furnishing the information and that the director be	67381
reimbursed by the participating programs for any actual costs	67382
incurred in operating the system;	67383

(6) Requirements for any other matters necessary to ensure	67384
the effective, efficient, and timely exchange of necessary	67385
information or that the director determines must be addressed in	67386
order to ensure compliance with the requirements of section 1137	67387
of the "Social Security Act."	67388

(C) Each participating agency shall furnish to the income and	67389
eligibility verification system established in division (A) of	67390
this section that information, which the director, by rule,	67391
determines is necessary in order to comply with section 1137 of	67392
the "Social Security Act."	67393

(D) Notwithstanding the information disclosure requirements	67394
of this section and section 4141.21 and division (A) of section	67395
4141.284 of the Revised Code, the director shall administer those	67396
provisions of law so as to comply with section 1137 of the "Social	67397
Security Act."	67398

(E) Requirements in section 4141.21 of the Revised Code with	67399
respect to confidentiality of information obtained in the	67400
administration of Chapter 4141. of the Revised Code and any	67401
sanctions imposed for improper disclosure of such information	67402
shall apply to the redisclosure of information disclosed under	67403
this section.	67404

(F) The director of job and family services shall consult	67405
with the medicaid director and the director of administrative	67406
services regarding the implementation of this section.	67407

Sec. 4143.01. As used in this chapter:

67408

(A) "Average weekly wage," "employment," "employer,"	67409
"partially unemployed," and "totally unemployed" have the same	67410
meanings as in section 4141.01 of the Revised Code.	67411

(B) "Duration of unemployment" means the full period of	67412
unemployment next ensuing after a separation from any base period,	67413
as defined in rules adopted under section 4143.03 of the Revised	67414
Code, or subsequent work and until an individual has become	67415
reemployed in employment subject to this chapter, or the	67416
unemployment compensation act of another state, or of the United	67417
States, and until such individual has worked six weeks and for	67418
those weeks has earned or been paid remuneration equal to six	67419
times an average weekly wage of not less than the amount as	67420
determined in the rules adopted by the director of job and family	67421
services under section 4143.03 of the Revised Code.	67422

(C) "Grant year," with respect to an individual, means the	67423
fifty-two week period beginning with the first day of that week	67424
with respect to which the individual first files a valid	67425
application for a grant under this chapter, and thereafter the	67426
fifty-two week period beginning with the first day of that week	67427
with respect to which the individual next files a valid	67428
application after the termination of the individual's last	67429
preceding grant year, except that the application shall not be	67430
considered valid unless the individual has had employment in six	67431
weeks and has, since the beginning of the individual's previous	67432
grant year, in the employment earned three times the average	67433
weekly wage determined for the previous grant year.	67434

(D) "Qualifying week" means any calendar week in an	67435
individual's base period with respect to which the individual	67436
earns or is paid remuneration in employment.	67437

(E) "Seasonal employment" has the same meaning as in section	67438
4141.33 of the Revised Code.	67439

(F) "Unemployment compensation" has the same meaning as in	67440
section 4141.284 of the Revised Code.	67441

Sec. 4143.02. There is hereby created the military spouse	67442
compensation grant program to provide compensation to an	67443
individual who leaves employment to accompany the individual's	67444
spouse on a military transfer. The director of job and family	67445
services shall administer the program in accordance with the	67446
requirements of this chapter.	67447

Sec. 4143.03. (A) With respect to the military spouse	67448
compensation grant program created in section 4143.02 of the	67449
Revised Code, the director of job and family services, in	67450
accordance with Chapter 119. of the Revised Code, shall adopt	67451
rules that establish all of the following:	67452

(1) Eligibility requirements an individual shall satisfy to	67453
receive a grant under section 4143.04 of the Revised Code,	67454
including the definition of an individual's "base period," which	67455
shall be similar to the requirements an individual must satisfy to	67456
receive unemployment compensation under Chapter 4141. of the	67457
Revised Code;	67458

(2) Procedures for an individual to follow to apply for a	67459
grant and procedures for the awarding and payment of grants in	67460
accordance with section 4143.04 of the Revised Code, that shall be	67461
similar to the manner in which claims for unemployment	67462
compensation are applied for, awarded, and paid pursuant to	67463
Chapter 4141. of the Revised Code;	67464

(3) Requirements to determine an individual's duration of	67465
unemployment;	67466

(4) Requirements for the reduction in grant amounts, that	67467
shall be similar to the requirements specified in sections 4141.31	67468
and 4141.312 of the Revised Code;	67469

(5) Procedures and requirements addressing child support	67470
obligations, that shall be similar to the procedures and	67471
requirements described in section 4141.284 of the Revised Code;	67472

(6) Requirements for eligibility for an individual who has	67473
seasonal employment, that shall be similar to the requirements	67474
described in section 4141.33 of the Revised Code;	67475

(7) Procedures to allow an individual to appeal a	67476
determination made by the director under this chapter in	67477
accordance with Chapter 119. of the Revised Code, including the	67478
time limits in which the individual has to file an appeal;	67479

(8) Penalties for overpayments, and procedures to collect	67480
those overpayments, that shall be similar to penalties and	67481
procedures described in section 4141.35 of the Revised Code.	67482

(B) The director, in accordance with Chapter 119. of the	67483
Revised Code, may adopt any other rules as the director determines	67484
necessary to administer and enforce this chapter. Any rules	67485
adopted under this division shall be consistent with any similar	67486
provision addressed in Chapter 4141. of the Revised Code.	67487

(C) The director may apply any agreement the director has	67488
entered into pursuant to section 4141.43 of the Revised Code, to	67489
the extent permitted under an agreement, in administering this	67490
chapter, or the director may enter into similar agreements as the	67491
director determines necessary. The director shall cooperate with	67492
other agencies as described in division (A) of section 4141.35 of	67493
the Revised Code in the administration of this chapter.	67494

Sec. 4143.04. (A) An individual is eligible to receive a	67495
grant under the military spouse compensation grant program created	67496
in section 4143.02 of the Revised Code for a week in which the	67497
individual satisfies all of the following requirements:	67498

(1) The individual's spouse is a member of the armed services	67499
of the United States, the spouse is the subject of a military	67500
transfer, and the individual left employment to accompany the	67501
individual's spouse.	67502

(2) The individual is not otherwise eligible for unemployment	67503
compensation;	67504

(3) The individual satisfies the eligibility requirements	67505
established by the director of job and family services in the	67506
rules the director adopts under section 4143.03 of the Revised	67507
Code.	67508

(B) The director may use the information the director obtains	67509
under section 4141.162 of the Revised Code to determine an	67510
individual's eligibility for a grant under this section.	67511

(C) All grants shall be paid through public employment	67512
offices in accordance with the rules as the director adopts under	67513
section 4143.03 of the Revised Code. The director shall use	67514
eligible funds to issue grants established in this section, except	67515
from the unemployment compensation fund established in section	67516
4141.09 of the Revised Code.	67517

(D) A grant is payable to an eligible and qualified	67518
individual for each week the individual is totally unemployed at	67519
the weekly grant amount determined by the following:	67520

(1) Computing the individual's average weekly wage;

67521

(2) Determining the individual's dependency class under	67522
division (G) of this section;	67523

(3) Computing the individual's weekly grant amount to be	67524
fifty per cent of the individual's average weekly wage, that shall	67525
not exceed the following amounts:	67526

(a) For dependency class A, fifty per cent of the statewide	67527
average weekly wage as calculated under section 4141.30 of the	67528
Revised Code;	67529

(b) For dependency class B, sixty per cent of the statewide	67530
average weekly wage;	67531

(c) For dependency class C, sixty-six and two-thirds per cent	67532
of the statewide average weekly wage.	67533

(E) A grant is payable to each partially unemployed	67534
individual otherwise eligible on account of each week the	67535
individual is partially unemployed in an amount equal to the	67536
individual's weekly grant amount determined under division (B) of	67537
this section less that part of the remuneration payable to the	67538
individual with respect to that week that is in excess of twenty	67539
per cent of the individual's weekly grant amount.	67540

(F) The total amount of a grant to which an individual is	67541
entitled in any grant year, whether for partial or total	67542
unemployment, or both, shall not exceed the lesser of the	67543
following two amounts:	67544

(1) An amount equal to twenty-six times the individual's	67545
weekly grant amount determined in accordance with division (B) of	67546
this section and this division;	67547

(2) An amount computed by taking the sum of twenty times the	67548
individual's weekly grant amount for the first twenty base period	67549
qualifying weeks plus one times the weekly grant amount for each	67550
additional qualifying week beyond the first twenty qualifying	67551
weeks in the individual's base period.	67552

(G)(1) As used in this division, "dependent" has the same	67553
meaning as in section 4141.30 of the Revised Code.	67554

(2) Each eligible and qualified individual shall be assigned	67555
a dependency class in accordance with the following schedule:	67556

Class	Description of dependents	67557
A	No dependents, or has insufficient wages to qualify for more than the maximum weekly grant amount as provided under dependency class A	67558
B	One or two dependents	67559
C	Three or more dependents	67560

(H) Any weekly grant amount that is not a multiple of one	67561
dollar shall be rounded to the next lower multiple of one dollar.	67562
Any grant paid under this section shall be calculated against the	67563
maximum total unemployment compensation payable to the individual	67564
in a benefit year under section 4141.30 of the Revised Code.	67565

(I) If permitted by the United States secretary of labor, a	67566
grant paid under this section shall be considered regular benefits	67567
for purposes of section 4141.301 of the Revised Code. If an	67568
individual who receives a grant under this section is eligible for	67569
extended benefits under section 4141.301 of the Revised Code,	67570
notwithstanding section 4141.09 or division (J) or (L) of section	67571
4141.301 of the Revised Code, extended benefits that may become	67572
payable to that individual that are chargeable to the account of	67573
an employer from whom the individual was separated under division	67574
(A) of this section shall not be charged to that account and shall	67575
be paid from the funds used to pay grants under this section.	67576

Sec. 4143.05. The director of job and family services shall	67577
reduce the amount of any weekly grant amount paid under section	67578
4143.04 of the Revised Code in accordance with the rules the	67579
director adopts under section 4143.03 of the Revised Code. The	67580
director shall make any deduction from such a grant for purposes	67581
of federal income tax payment in a similar manner as the director	67582
makes that deduction under section 4141.321 of the Revised Code	67583
with respect to unemployment compensation.	67584

Sec. 4143.06. An individual may appeal a determination made	67585
by the director of job and family services in accordance with the	67586
rules the director adopts under section 4143.03 of the Revised	67587
Code. The determination made upon completion of that appeals	67588
process is a final determination that may be appealed pursuant to	67589
section 119.12 of the Revised Code.	67590

Sec. 4143.07. (A) Except with respect to the rules adopted	67591
by the director of job and family services under section 4143.03	67592
of the Revised Code concerning child support obligations:	67593

(1) No agreement by an individual to waive the individual's	67594
right to a grant under this chapter is valid, nor shall a grant be	67595
assigned, released, or commuted.	67596

(2) A grant is exempt from all claims of creditors and from	67597
levy, execution, garnishment, attachment, and all other process or	67598
remedy for recovery or collection of a debt, and that exemption	67599
may not be waived.	67600

(B) No individual claiming a grant under this chapter shall	67601
be charged fees of any kind by the director in any proceeding	67602
under this chapter. Any individual claiming a grant may represent	67603
the individual's self personally or be represented by a person	67604
admitted to the practice of law or by a person not admitted to the	67605
practice of law in any proceeding under this chapter before the	67606
director, but no such counsel or agent representing an individual	67607
claiming a grant shall either charge or receive for those services	67608
more than an amount approved by the director. No person shall	67609
charge or receive anything of value in violation of this division.	67610

(C) No employee or other person shall violate this chapter,	67611
or do any act prohibited by this chapter, or fail to perform any	67612
duty lawfully enjoined, within the time prescribed by the	67613
director, for which no penalty has been specifically provided, or	67614
fail to obey any lawful order given or made by the director or any	67615
judgment or decree made by any court in connection with this	67616
chapter. Every day during which any person fails to comply with	67617
any order of the director or to perform any duty enjoined by this	67618
chapter constitutes a separate violation of the order or of this	67619
chapter.	67620

Sec. 4143.08. The director of job and family services shall	67621
enforce this chapter in accordance with the rules the director	67622
adopts under section 4143.03 of the Revised Code. In administering	67623
and enforcing this chapter, the director shall give great weight	67624
and deference to decisions made under Chapter 4141. of the Revised	67625
Code with respect to unemployment compensation.	67626

The director may administer oaths, certify to official acts,	67627
take depositions, issue subpoenas, and compel the attendance and	67628
testimony of witnesses and the production of documents and	67629
testimony in connection with the administration of this chapter.	67630
In case of the refusal of a witness to attend or testify, or to	67631
produce documents, as to any matter regarding which the witness	67632
might be lawfully interrogated in the administration of this	67633
chapter, the court of common pleas of the county in which the	67634
person resides or is found, the court of appeals that has	67635
jurisdiction over the county in which the person resides or is	67636
found, or a judge thereof, upon application of the director, shall	67637
compel obedience by proceedings as for contempt as in case of like	67638
refusal to obey a similar order of the court.	67639

Sec. 4143.09. This chapter shall be liberally construed.

67640

Sec. 4143.99. (A) Whoever violates division (B) of section	67641
4143.07 of the Revised Code is guilty of a misdemeanor of the	67642
first degree.	67643

(B) Whoever violates division (C) of section 4143.07 of the	67644
Revised Code shall be fined not more than five hundred dollars for	67645
the first offense, and for each subsequent offense, the person	67646
shall be fined not less than twenty-five dollars nor more than one	67647
thousand dollars.	67648

Sec. 4301.10. (A) The division of liquor control shall do	67649
all of the following:	67650

(1) Control the traffic in beer and intoxicating liquor in	67651
this state, including the manufacture, importation, and sale of	67652
beer and intoxicating liquor;	67653

(2) Grant or refuse permits for the manufacture,	67654
distribution, transportation, and sale of beer and intoxicating	67655
liquor and the sale of alcohol, as authorized or required by this	67656
chapter and Chapter 4303. of the Revised Code. A certificate,	67657
signed by the superintendent of liquor control and to which is	67658
affixed the official seal of the division, stating that it appears	67659
from the records of the division that no permit has been issued to	67660
the person specified in the certificate, or that a permit, if	67661
issued, has been revoked, canceled, or suspended, shall be	67662
received as prima-facie evidence of the facts recited in the	67663
certificate in any court or before any officer of this state.	67664

(3) Put into operation, manage, and control a system of state	67665
liquor stores for the sale of spirituous liquor at retail and to	67666
holders of permits authorizing the sale of spirituous liquor;	67667
however, the division shall not establish any drive-in state	67668
liquor stores; and by means of those types of stores, and any	67669
manufacturing plants, distributing and bottling plants,	67670
warehouses, and other facilities that it considers expedient,	67671
establish and maintain a state monopoly of the distribution of	67672
spirituous liquor and its sale in packages or containers; and for	67673
that purpose, manufacture, buy, import, possess, and sell	67674
spirituous liquors as provided in this chapter and Chapter 4303.	67675
of the Revised Code, and in the rules promulgated by the	67676
superintendent of liquor control pursuant to those chapters; lease	67677
or in any manner acquire the use of any land or building required	67678
for any of those purposes; purchase any equipment that is	67679
required; and borrow money to carry on its business, and issue,	67680
sign, endorse, and accept notes, checks, and bills of exchange;	67681
but all obligations of the division created under authority of	67682
this division shall be a charge only upon the moneys received by	67683
the division from the sale of spirituous liquor and its other	67684
business transactions in connection with the sale of spirituous	67685
liquor, and shall not be general obligations of the state;	67686

(4) Enforce the administrative provisions of this chapter and	67687
Chapter 4303. of the Revised Code, and the rules and orders of the	67688
liquor control commission and the superintendent relating to the	67689
manufacture, importation, transportation, distribution, and sale	67690
of beer or intoxicating liquor. The attorney general, any	67691
prosecuting attorney, and any prosecuting officer of a municipal	67692
corporation or a municipal court shall, at the request of the	67693
division of liquor control or the department of public safety,	67694
prosecute any person charged with the violation of any provision	67695
in those chapters or of any section of the Revised Code relating	67696
to the manufacture, importation, transportation, distribution, and	67697
sale of beer or intoxicating liquor.	67698

(5) Determine the locations of all state liquor stores and	67699
manufacturing, distributing, and bottling plants required in	67700
connection with those stores, subject to this chapter and Chapter	67701
4303. of the Revised Code;	67702

(6) Conduct inspections of liquor permit premises to	67703
determine compliance with the administrative provisions of this	67704
chapter and Chapter 4303. of the Revised Code and the rules	67705
adopted under those provisions by the liquor control commission.	67706

Except as otherwise provided in division (A)(6) of this	67707
section, those inspections may be conducted only during those	67708
hours in which the permit holder is open for business and only by	67709
authorized agents or employees of the division or by any peace	67710
officer, as defined in section 2935.01 of the Revised Code.	67711
Inspections may be conducted at other hours only to determine	67712
compliance with laws or commission rules that regulate the hours	67713
of sale of beer or intoxicating liquor and only if the	67714
investigator has reasonable cause to believe that those laws or	67715
rules are being violated. Any inspection conducted pursuant to	67716
division (A)(6) of this section is subject to all of the following	67717
requirements:	67718

(a) The only property that may be confiscated is contraband,	67719
as defined in section 2901.01 of the Revised Code, or property	67720
that is otherwise necessary for evidentiary purposes.	67721

(b) A complete inventory of all property confiscated from the	67722
premises shall be given to the permit holder or the permit	67723
holder's agent or employee by the confiscating agent or officer at	67724
the conclusion of the inspection. At that time, the inventory	67725
shall be signed by the confiscating agent or officer, and the	67726
agent or officer shall give the permit holder or the permit	67727
holder's agent or employee the opportunity to sign the inventory.	67728

(c) Inspections conducted pursuant to division (A)(6) of this	67729
section shall be conducted in a reasonable manner. A finding by	67730
any court of competent jurisdiction that an inspection was not	67731
conducted in a reasonable manner in accordance with this section	67732
or any rules adopted by the commission may be considered grounds	67733
for suppression of evidence. A finding by the commission that an	67734
inspection was not conducted in a reasonable manner in accordance	67735
with this section or any rules adopted by it may be considered	67736
grounds for dismissal of the commission case.	67737

If any court of competent jurisdiction finds that property	67738
confiscated as the result of an administrative inspection is not	67739
necessary for evidentiary purposes and is not contraband, as	67740
defined in section 2901.01 of the Revised Code, the court shall	67741
order the immediate return of the confiscated property, provided	67742
that property is not otherwise subject to forfeiture, to the	67743
permit holder. However, the return of this property is not grounds	67744
for dismissal of the case. The commission likewise may order the	67745
return of confiscated property if no criminal prosecution is	67746
pending or anticipated.	67747

(7) Delegate to any of its agents or employees any power of	67748
investigation that the division possesses with respect to the	67749
enforcement of any of the administrative laws relating to beer or	67750
intoxicating liquor, provided that this division does not	67751
authorize the division to designate any agent or employee to serve	67752
as an enforcement agent. The employment and designation of	67753
enforcement agents shall be within the exclusive authority of the	67754
director of public safety pursuant to sections 5502.13 to 5502.19	67755
of the Revised Code.	67756

(8) Collect the following fees:

67757

(a) A biennial fifty-dollar registration fee for each agent,	67758
solicitor, trade marketing professional, or salesperson,	67759
registered pursuant to section 4303.25 of the Revised Code, of a	67760
beer or intoxicating liquor manufacturer, supplier, broker, trade	67761
marketing company, or wholesale distributor doing business in this	67762
state;	67763

(b) A fifty-dollar product registration fee for each new beer	67764
or intoxicating liquor product sold in this state. The product	67765
registration fee also applies to products sold in this state by	67766
B-2a and S permit holders. The product registration fee shall be	67767
accompanied by a copy of the federal label and product approval	67768
for the new product.	67769

(c) An annual three-hundred-dollar supplier registration fee	67770
from each manufacturer or supplier that produces and ships into	67771
this state, or ships into this state, intoxicating liquor or beer,	67772
in addition to an initial application fee of one hundred dollars.	67773
A manufacturer that produces and ships beer or wine into this	67774
state and that holds only an S permit is exempt from the supplier	67775
registration fee. A manufacturer that produces and ships wine into	67776
this state and that holds a B-2a permit shall pay an annual	67777
seventy-six-dollar supplier registration fee. A manufacturer that	67778
produces and ships wine into this state and that does not hold	67779
either an S or a B-2a permit, but that produces less than two	67780
hundred fifty thousand gallons of wine per year and that is	67781
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	67782
annual seventy-six-dollar supplier registration fee. A B-2a or S	67783
permit holder that does not sell its wine to wholesale	67784
distributors of wine in this state and an S permit holder that	67785
does not sell its beer to wholesale distributors of beer in this	67786
state shall not be required to submit to the division territory	67787
designation forms.	67788

Each supplier, agent, solicitor, trade marketing	67789
professional, or salesperson registration issued under this	67790
division shall authorize the person named to carry on the activity	67791
specified in the registration. Each agent, solicitor, trade	67792
marketing professional, or salesperson registration is valid for	67793
two years or for the unexpired portion of a two-year registration	67794
period. Each supplier registration is valid for one year or for	67795
the unexpired portion of a one-year registration period.	67796
Registrations shall end on their respective uniform expiration	67797
date, which shall be designated by the division, and are subject	67798
to suspension, revocation, cancellation, or fine as authorized by	67799
this chapter and Chapter 4303. of the Revised Code.	67800

As used in this division, "trade marketing company" and	67801
"trade marketing professional" have the same meanings as in	67802
section 4301.171 of the Revised Code.	67803

(9) Establish a system of electronic data interchange within	67804
the division and regulate the electronic transfer of information	67805
and funds among persons and governmental entities engaged in the	67806
manufacture, distribution, and retail sale of alcoholic beverages;	67807

(10) Notify all holders of retail permits of the forms of	67808
permissible identification for purposes of division (A) of section	67809
4301.639 of the Revised Code;	67810

(11) Exercise all other powers expressly or by necessary	67811
implication conferred upon the division by this chapter and	67812
Chapter 4303. of the Revised Code, and all powers necessary for	67813
the exercise or discharge of any power, duty, or function	67814
expressly conferred or imposed upon the division by those	67815
chapters.	67816

(B) The division may do all of the following:

67817

(1) Sue, but may be sued only in connection with the	67818
execution of leases of real estate and the purchases and contracts	67819
necessary for the operation of the state liquor stores that are	67820
made under this chapter and Chapter 4303. of the Revised Code;	67821

(2) Enter into leases and contracts of all descriptions and	67822
acquire and transfer title to personal property with regard to the	67823
sale, distribution, and storage of spirituous liquor within the	67824
state;	67825

(3) Terminate at will any lease entered into pursuant to	67826
division (B)(2) of this section upon first giving ninety days'	67827
notice in writing to the lessor of its intention to do so;	67828

(4) Fix the wholesale and retail prices at which the various	67829
classes, varieties, and brands of spirituous liquor shall be sold	67830
by the division. Those retail prices shall be the same at all	67831
state liquor stores, except to the extent that a price	67832
differential is required to collect a county sales tax levied	67833
pursuant to section 5739.021 of the Revised Code and for which tax	67834
the tax commissioner has authorized prepayment pursuant to section	67835
5739.05 of the Revised Code. In fixing selling prices, the	67836
division shall compute an anticipated gross profit at least	67837
sufficient to provide in each calendar year all costs and expenses	67838
of the division and also an adequate working capital reserve for	67839
the division. The gross profit shall not exceed forty per cent of	67840
the retail selling price based on costs of the division, and in	67841
addition the sum required by section 4301.12 of the Revised Code	67842
to be paid into the state treasury. An amount equal to one and	67843
one-half per cent of that gross profit shall be paid into the	67844
statewide treatment and prevention fund created by section 4301.30	67845
of the Revised Code and be appropriated by the general assembly	67846
from the fund to the department of ~~alcohol and drug addiction~~	67847
~~services~~mental health and addiction services as provided in	67848
section 4301.30 of the Revised Code.	67849

On spirituous liquor manufactured in this state from the	67850
juice of grapes or fruits grown in this state, the division shall	67851
compute an anticipated gross profit of not to exceed ten per cent.	67852

The wholesale prices fixed under this division shall be at a	67853
discount of not less than six per cent of the retail selling	67854
prices as determined by the division in accordance with this	67855
section.	67856

(C) The division may approve the expansion or diminution of a	67857
premises to which a liquor permit has been issued and may adopt	67858
standards governing such an expansion or diminution.	67859

Sec. 4301.30. (A) All fees collected by the division of	67860
liquor control shall be deposited in the state treasury to the	67861
credit of the undivided liquor permit fund, which is hereby	67862
created, at the time prescribed under section 4301.12 of the	67863
Revised Code. Each payment shall be accompanied by a statement	67864
showing separately the amount collected for each class of permits	67865
in each municipal corporation and in each township outside the	67866
limits of any municipal corporation in such township.	67867

(B)(1) An amount equal to forty-five per cent of the fund	67868
shall be paid from the fund into the state liquor regulatory fund,	67869
which is hereby created in the state treasury. The state liquor	67870
regulatory fund shall be used to pay the operating expenses of the	67871
division of liquor control in administering and enforcing Title	67872
XLIII of the Revised Code and the operating expenses of the liquor	67873
control commission. Investment earnings of the fund shall be	67874
credited to the fund.	67875

(2) Whenever, in the judgment of the director of budget and	67876
management, the amount of money that is in the state liquor	67877
regulatory fund is in excess of the amount that is needed to pay	67878
the operating expenses of the division in administering and	67879
enforcing Title XLIII of the Revised Code and the operating	67880
expenses of the commission, the director shall credit the excess	67881
amount to the general revenue fund.	67882

(C) Twenty per cent of the undivided liquor permit fund shall	67883
be paid into the statewide treatment and prevention fund, which is	67884
hereby created in the state treasury. This amount shall be	67885
appropriated by the general assembly, together with an amount	67886
equal to one and one-half per cent of the gross profit of the	67887
division of liquor control derived under division (B)(4) of	67888
section 4301.10 of the Revised Code, to the department of ~~alcohol~~	67889
~~and drug addiction services~~mental health and addiction services.	67890
In planning for the allocation of and in allocating these amounts	67891
for the purposes of Chapter ~~3793.~~5119. of the Revised Code, the	67892
department ~~of alcohol and drug addiction services~~ shall comply	67893
with the nondiscrimination provisions of Title VI of the Civil	67894
Rights Act of 1964, and any rules adopted under that act.	67895

(D) Thirty-five per cent of the undivided liquor permit fund	67896
shall be distributed by the superintendent of liquor control at	67897
quarterly calendar periods as follows:	67898

(1) To each municipal corporation, the aggregate amount shown	67899
by the statements to have been collected from permits in the	67900
municipal corporation, for the use of the general fund of the	67901
municipal corporation;	67902

(2) To each township, the aggregate amount shown by the	67903
statements to have been collected from permits in its territory,	67904
outside the limits of any municipal corporation located in the	67905
township, for the use of the general fund of the township, or for	67906
fire protection purposes, including buildings and equipment in the	67907
township or in an established fire district within the township,	67908
to the extent that the funds are derived from liquor permits	67909
within the territory comprising such fire district.	67910

(E) For the purpose of the distribution required by this	67911
section, E, H, and D permits covering boats or vessels are deemed	67912
to have been issued in the municipal corporation or township	67913
wherein the owner or operator of the vehicle, boat, vessel, or	67914
dining car equipment to which the permit relates has the owner's	67915
or operator's principal office or place of business within the	67916
state.	67917

(F) If the liquor control commission determines that the	67918
police or other officers of any municipal corporation or township	67919
entitled to share in distributions under this section are refusing	67920
or culpably neglecting to enforce this chapter and Chapter 4303.	67921
of the Revised Code, or the penal laws of this state relating to	67922
the manufacture, importation, transportation, distribution, and	67923
sale of beer and intoxicating liquors, or if the prosecuting	67924
officer of a municipal corporation or a municipal court fails to	67925
comply with the request of the commission authorized by division	67926
(A)(4) of section 4301.10 of the Revised Code, the commission, by	67927
certified mail, may notify the chief executive officer of the	67928
municipal corporation or the board of township trustees of the	67929
township of the failure and require the immediate cooperation of	67930
the responsible officers of the municipal corporation or township	67931
with the division of liquor control in the enforcement of those	67932
chapters and penal laws. Within thirty days after the notice is	67933
served, the commission shall determine whether the requirement has	67934
been complied with. If the commission determines that the	67935
requirement has not been complied with, it may issue an order to	67936
the superintendent to withhold the distributive share of the	67937
municipal corporation or township until further order of the	67938
commission. This action of the commission is reviewable within	67939
thirty days thereafter in the court of common pleas of Franklin	67940
county.	67941

(G) All fees collected by the division of liquor control from	67942
the issuance or renewal of B-2a and S permits, and paid by B-2a	67943
and S permit holders who do not also hold A-2 permits, shall be	67944
deposited in the state treasury to the credit of the state liquor	67945
regulatory fund. Once during each fiscal year, an amount equal to	67946
fifty per cent of the fees collected shall be paid from the state	67947
liquor regulatory fund into the general revenue fund.	67948

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	67949
the Revised Code:	67950

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	67951
fluid ounces.	67952

(2) "Sale" or "sell" includes exchange, barter, gift,	67953
distribution, and, except with respect to A-4 permit holders,	67954
offer for sale.	67955

(B) For the purposes of providing revenues for the support of	67956
the state and encouraging the grape industries in the state, a tax	67957
is hereby levied on the sale or distribution of wine in Ohio,	67958
except for known sacramental purposes, at the rate of thirty cents	67959
per wine gallon for wine containing not less than four per cent of	67960
alcohol by volume and not more than fourteen per cent of alcohol	67961
by volume, ninety-eight cents per wine gallon for wine containing	67962
more than fourteen per cent but not more than twenty-one per cent	67963
of alcohol by volume, one dollar and eight cents per wine gallon	67964
for vermouth, and one dollar and forty-eight cents per wine gallon	67965
for sparkling and carbonated wine and champagne, the tax to be	67966
paid by the holders of A-2 and B-5 permits or by any other person	67967
selling or distributing wine upon which no tax has been paid. From	67968
the tax paid under this section on wine, vermouth, and sparkling	67969
and carbonated wine and champagne, the treasurer of state shall	67970
credit to the Ohio grape industries fund created under section	67971
924.54 of the Revised Code a sum equal to one cent per gallon for	67972
each gallon upon which the tax is paid.	67973

(C) For the purpose of providing revenues for the support of	67974
the state, there is hereby levied a tax on prepared and bottled	67975
highballs, cocktails, cordials, and other mixed beverages at the	67976
rate of one dollar and twenty cents per wine gallon to be paid by	67977
holders of A-4 permits or by any other person selling or	67978
distributing those products upon which no tax has been paid. Only	67979
one sale of the same article shall be used in computing the amount	67980
of tax due. The tax on mixed beverages to be paid by holders of	67981
A-4 permits under this section shall not attach until the	67982
ownership of the mixed beverage is transferred for valuable	67983
consideration to a wholesaler or retailer, and no payment of the	67984
tax shall be required prior to that time.	67985

(D) During the period of July 1, ~~2011~~2013, through June 30,	67986
~~2013~~2015, from the tax paid under this section on wine, vermouth,	67987
and sparkling and carbonated wine and champagne, the treasurer of	67988
state shall credit to the Ohio grape industries fund created under	67989
section 924.54 of the Revised Code a sum equal to two cents per	67990
gallon upon which the tax is paid. The amount credited under this	67991
division is in addition to the amount credited to the Ohio grape	67992
industries fund under division (B) of this section.	67993

(E) For the purpose of providing revenues for the support of	67994
the state, there is hereby levied a tax on cider at the rate of	67995
twenty-four cents per wine gallon to be paid by the holders of A-2	67996
and B-5 permits or by any other person selling or distributing	67997
cider upon which no tax has been paid. Only one sale of the same	67998
article shall be used in computing the amount of the tax due.	67999

Sec. 4305.131. (A) If any permit holder fails to pay the	68000
taxes levied by section 4301.42, 4301.43, 4301.432, or 4305.01 of	68001
the Revised Code in the manner prescribed by section 4303.33 of	68002
the Revised Code, or by section 4301.421 or 4301.424 of the	68003
Revised Code in the manner prescribed in section 4301.422 of the	68004
Revised Code, and by the rules of the tax commissioner, the	68005
commissioner may make an assessment against the permit holder	68006
based upon any information in the commissioner's possession.	68007

No assessment shall be made against any permit holder for any	68008
taxes imposed by section 4301.42, 4301.421, 4301.424, 4301.43,	68009
4301.432, or 4305.01 of the Revised Code more than three years	68010
after the last day of the calendar month in which the sale was	68011
made or more than three years after the return for that period is	68012
filed, whichever is later. This section does not bar an assessment	68013
against any permit holder or registrant as provided in section	68014
4303.331 of the Revised Code who fails to file a return as	68015
required by section 4301.422 or 4303.33 of the Revised Code, or	68016
who files a fraudulent return.	68017

A penalty of up to thirty per cent may be added to the amount	68018
of every assessment made under this section. The commissioner may	68019
adopt rules providing for the imposition and remission of	68020
penalties added to assessments made under this section.	68021

The commissioner shall give the party assessed written notice	68022
of the assessment in the manner provided in section 5703.37 of the	68023
Revised Code. With the notice, the commissioner shall provide	68024
instructions on how to petition for reassessment and request a	68025
hearing on the petition.	68026

(B) Unless the party assessed files with the tax commissioner	68027
within sixty days after service of the notice of assessment,	68028
either personally or by certified mail, a written petition for	68029
reassessment, signed by the party assessed or that party's	68030
authorized agent having knowledge of the facts, the assessment	68031
becomes final and the amount of the assessment is due and payable	68032
from the party assessed to the treasurer of state. The petition	68033
shall indicate the objections of the party assessed, but	68034
additional objections may be raised in writing if received by the	68035
commissioner prior to the date shown on the final determination.	68036
If the petition has been properly filed, the commissioner shall	68037
proceed under section 5703.60 of the Revised Code.	68038

(C) After an assessment becomes final, if any portion of the	68039
assessment remains unpaid, including accrued interest, a certified	68040
copy of the tax commissioner's entry making the assessment final	68041
may be filed in the office of the clerk of the court of common	68042
pleas in the county in which the permit holder's place of business	68043
is located or the county in which the party assessed resides. If	68044
the party assessed maintains no place of business in this state	68045
and is not a resident of this state, the certified copy of the	68046
entry may be filed in the office of the clerk of the court of	68047
common pleas of Franklin county.	68048

Immediately upon the filing of the entry, the clerk shall	68049
enter a judgment for the state against the party assessed in the	68050
amount shown on the entry. The judgment may be filed by the clerk	68051
in a loose-leaf book entitled "special judgments for state beer	68052
and liquor sales taxes," and shall have the same effect as other	68053
judgments. Execution shall issue upon the judgment upon the	68054
request of the commissioner, and all laws applicable to sales on	68055
execution shall apply to sales made under the judgment, except as	68056
otherwise provided in this chapter and Chapters 4301. and 4307. of	68057
the Revised Code.	68058

~~The portion of~~If the assessment is not paid in its entirety	68059
within sixty days after the day the assessment was issued, the	68060
portion of the assessment consisting of tax due shall bear	68061
interest at the rate per annum prescribed by section 5703.47 of	68062
the Revised Code from the day the commissioner issues the	68063
assessment until it is paid or until it is certified to the	68064
attorney general for collection under section 131.02 of the	68065
Revised Code, whichever comes first. If the unpaid portion of the	68066
assessment is certified to the attorney general for collection,	68067
the entire unpaid portion of the assessment shall bear interest at	68068
the rate per annum prescribed by section 5703.47 of the Revised	68069
Code from the date of certification until the date it is paid in	68070
its entirety. Interest shall be paid in the same manner as the tax	68071
and may be collected by the issuance of an assessment under this	68072
section.	68073

(D) All money collected under this section shall be	68074
considered as revenue arising from the taxes imposed by sections	68075
4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the	68076
Revised Code.	68077

Sec. 4501.01. As used in this chapter and Chapters 4503.,	68078
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	68079
Revised Code, and in the penal laws, except as otherwise provided:	68080

(A) "Vehicles" means everything on wheels or runners,	68081
including motorized bicycles, but does not mean electric personal	68082
assistive mobility devices, vehicles that are operated exclusively	68083
on rails or tracks or from overhead electric trolley wires, and	68084
vehicles that belong to any police department, municipal fire	68085
department, or volunteer fire department, or that are used by such	68086
a department in the discharge of its functions.	68087

(B) "Motor vehicle" means any vehicle, including mobile homes	68088
and recreational vehicles, that is propelled or drawn by power	68089
other than muscular power or power collected from overhead	68090
electric trolley wires. "Motor vehicle" does not include utility	68091
vehicles as defined in division (VV) of this section, motorized	68092
bicycles, road rollers, traction engines, power shovels, power	68093
cranes, and other equipment used in construction work and not	68094
designed for or employed in general highway transportation,	68095
well-drilling machinery, ditch-digging machinery, farm machinery,	68096
and trailers that are designed and used exclusively to transport a	68097
boat between a place of storage and a marina, or in and around a	68098
marina, when drawn or towed on a public road or highway for a	68099
distance of no more than ten miles and at a speed of twenty-five	68100
miles per hour or less.	68101

(C) "Agricultural tractor" and "traction engine" mean any	68102
self-propelling vehicle that is designed or used for drawing other	68103
vehicles or wheeled machinery, but has no provisions for carrying	68104
loads independently of such other vehicles, and that is used	68105
principally for agricultural purposes.	68106

(D) "Commercial tractor," except as defined in division (C)	68107
of this section, means any motor vehicle that has motive power and	68108
either is designed or used for drawing other motor vehicles, or is	68109
designed or used for drawing another motor vehicle while carrying	68110
a portion of the other motor vehicle or its load, or both.	68111

(E) "Passenger car" means any motor vehicle that is designed	68112
and used for carrying not more than nine persons and includes any	68113
motor vehicle that is designed and used for carrying not more than	68114
fifteen persons in a ridesharing arrangement.	68115

(F) "Collector's vehicle" means any motor vehicle or	68116
agricultural tractor or traction engine that is of special	68117
interest, that has a fair market value of one hundred dollars or	68118
more, whether operable or not, and that is owned, operated,	68119
collected, preserved, restored, maintained, or used essentially as	68120
a collector's item, leisure pursuit, or investment, but not as the	68121
owner's principal means of transportation. "Licensed collector's	68122
vehicle" means a collector's vehicle, other than an agricultural	68123
tractor or traction engine, that displays current, valid license	68124
tags issued under section 4503.45 of the Revised Code, or a	68125
similar type of motor vehicle that displays current, valid license	68126
tags issued under substantially equivalent provisions in the laws	68127
of other states.	68128

(G) "Historical motor vehicle" means any motor vehicle that	68129
is over twenty-five years old and is owned solely as a collector's	68130
item and for participation in club activities, exhibitions, tours,	68131
parades, and similar uses, but that in no event is used for	68132
general transportation.	68133

(H) "Noncommercial motor vehicle" means any motor vehicle,	68134
including a farm truck as defined in section 4503.04 of the	68135
Revised Code, that is designed by the manufacturer to carry a load	68136
of no more than one ton and is used exclusively for purposes other	68137
than engaging in business for profit.	68138

(I) "Bus" means any motor vehicle that has motor power and is	68139
designed and used for carrying more than nine passengers, except	68140
any motor vehicle that is designed and used for carrying not more	68141
than fifteen passengers in a ridesharing arrangement.	68142

(J) "Commercial car" or "truck" means any motor vehicle that	68143
has motor power and is designed and used for carrying merchandise	68144
or freight, or that is used as a commercial tractor.	68145

(K) "Bicycle" means every device, other than a tricycle that	68146
is designed solely for use as a play vehicle by a child, that is	68147
propelled solely by human power upon which any person may ride,	68148
and that has two tandem wheels, or one wheel in front and two	68149
wheels in the rear, or two wheels in the front and one wheel in	68150
the rear, any of which is more than fourteen inches in diameter.	68151

(L) "Motorized bicycle" means any vehicle that either has two	68152
tandem wheels or one wheel in the front and two wheels in the	68153
rear, that is capable of being pedaled, and that is equipped with	68154
a helper motor of not more than fifty cubic centimeters piston	68155
displacement that produces no more than one brake horsepower and	68156
is capable of propelling the vehicle at a speed of no greater than	68157
twenty miles per hour on a level surface.	68158

(M) "Trailer" means any vehicle without motive power that is	68159
designed or used for carrying property or persons wholly on its	68160
own structure and for being drawn by a motor vehicle, and includes	68161
any such vehicle that is formed by or operated as a combination of	68162
a semitrailer and a vehicle of the dolly type such as that	68163
commonly known as a trailer dolly, a vehicle used to transport	68164
agricultural produce or agricultural production materials between	68165
a local place of storage or supply and the farm when drawn or	68166
towed on a public road or highway at a speed greater than	68167
twenty-five miles per hour, and a vehicle that is designed and	68168
used exclusively to transport a boat between a place of storage	68169
and a marina, or in and around a marina, when drawn or towed on a	68170
public road or highway for a distance of more than ten miles or at	68171
a speed of more than twenty-five miles per hour. "Trailer" does	68172
not include a manufactured home or travel trailer.	68173

(N) "Noncommercial trailer" means any trailer, except a	68174
travel trailer or trailer that is used to transport a boat as	68175
described in division (B) of this section, but, where applicable,	68176
includes a vehicle that is used to transport a boat as described	68177
in division (M) of this section, that has a gross weight of no	68178
more than ten thousand pounds, and that is used exclusively for	68179
purposes other than engaging in business for a profit, such as the	68180
transportation of personal items for personal or recreational	68181
purposes.	68182

(O) "Mobile home" means a building unit or assembly of closed	68183
construction that is fabricated in an off-site facility, is more	68184
than thirty-five body feet in length or, when erected on site, is	68185
three hundred twenty or more square feet, is built on a permanent	68186
chassis, is transportable in one or more sections, and does not	68187
qualify as a manufactured home as defined in division (C)(4) of	68188
section 3781.06 of the Revised Code or as an industrialized unit	68189
as defined in division (C)(3) of section 3781.06 of the Revised	68190
Code.	68191

(P) "Semitrailer" means any vehicle of the trailer type that	68192
does not have motive power and is so designed or used with another	68193
and separate motor vehicle that in operation a part of its own	68194
weight or that of its load, or both, rests upon and is carried by	68195
the other vehicle furnishing the motive power for propelling	68196
itself and the vehicle referred to in this division, and includes,	68197
for the purpose only of registration and taxation under those	68198
chapters, any vehicle of the dolly type, such as a trailer dolly,	68199
that is designed or used for the conversion of a semitrailer into	68200
a trailer.	68201

(Q) "Recreational vehicle" means a vehicular portable	68202
structure that meets all of the following conditions:	68203

(1) It is designed for the sole purpose of recreational	68204
travel.	68205

(2) It is not used for the purpose of engaging in business	68206
for profit.	68207

(3) It is not used for the purpose of engaging in intrastate	68208
commerce.	68209

(4) It is not used for the purpose of commerce as defined in	68210
49 C.F.R. 383.5, as amended.	68211

(5) It is not regulated by the public utilities commission	68212
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	68213

(6) It is classed as one of the following:

68214

(a) "Travel trailer" means a nonself-propelled recreational	68215
vehicle that does not exceed an overall length of thirty-five	68216
feet, exclusive of bumper and tongue or coupling, and contains	68217
less than three hundred twenty square feet of space when erected	68218
on site. "Travel trailer" includes a tent-type fold-out camping	68219
trailer as defined in section 4517.01 of the Revised Code.	68220

(b) "Motor home" means a self-propelled recreational vehicle	68221
that has no fifth wheel and is constructed with permanently	68222
installed facilities for cold storage, cooking and consuming of	68223
food, and for sleeping.	68224

(c) "Truck camper" means a nonself-propelled recreational	68225
vehicle that does not have wheels for road use and is designed to	68226
be placed upon and attached to a motor vehicle. "Truck camper"	68227
does not include truck covers that consist of walls and a roof,	68228
but do not have floors and facilities enabling them to be used as	68229
a dwelling.	68230

(d) "Fifth wheel trailer" means a vehicle that is of such	68231
size and weight as to be movable without a special highway permit,	68232
that has a gross trailer area of four hundred square feet or less,	68233
that is constructed with a raised forward section that allows a	68234
bi-level floor plan, and that is designed to be towed by a vehicle	68235
equipped with a fifth-wheel hitch ordinarily installed in the bed	68236
of a truck.	68237

(e) "Park trailer" means a vehicle that is commonly known as	68238
a park model recreational vehicle, meets the American national	68239
standard institute standard A119.5 (1988) for park trailers, is	68240
built on a single chassis, has a gross trailer area of four	68241
hundred square feet or less when set up, is designed for seasonal	68242
or temporary living quarters, and may be connected to utilities	68243
necessary for the operation of installed features and appliances.	68244

(R) "Pneumatic tires" means tires of rubber and fabric or	68245
tires of similar material, that are inflated with air.	68246

(S) "Solid tires" means tires of rubber or similar elastic	68247
material that are not dependent upon confined air for support of	68248
the load.	68249

(T) "Solid tire vehicle" means any vehicle that is equipped	68250
with two or more solid tires.	68251

(U) "Farm machinery" means all machines and tools that are	68252
used in the production, harvesting, and care of farm products, and	68253
includes trailers that are used to transport agricultural produce	68254
or agricultural production materials between a local place of	68255
storage or supply and the farm, agricultural tractors, threshing	68256
machinery, hay-baling machinery, corn shellers, hammermills, and	68257
machinery used in the production of horticultural, agricultural,	68258
and vegetable products.	68259

(V) "Owner" includes any person or firm, other than a	68260
manufacturer or dealer, that has title to a motor vehicle, except	68261
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	68262
includes in addition manufacturers and dealers.	68263

(W) "Manufacturer" and "dealer" include all persons and firms	68264
that are regularly engaged in the business of manufacturing,	68265
selling, displaying, offering for sale, or dealing in motor	68266
vehicles, at an established place of business that is used	68267
exclusively for the purpose of manufacturing, selling, displaying,	68268
offering for sale, or dealing in motor vehicles. A place of	68269
business that is used for manufacturing, selling, displaying,	68270
offering for sale, or dealing in motor vehicles shall be deemed to	68271
be used exclusively for those purposes even though snowmobiles or	68272
all-purpose vehicles are sold or displayed for sale thereat, even	68273
though farm machinery is sold or displayed for sale thereat, or	68274
even though repair, accessory, gasoline and oil, storage, parts,	68275
service, or paint departments are maintained thereat, or, in any	68276
county having a population of less than seventy-five thousand at	68277
the last federal census, even though a department in a place of	68278
business is used to dismantle, salvage, or rebuild motor vehicles	68279
by means of used parts, if such departments are operated for the	68280
purpose of furthering and assisting in the business of	68281
manufacturing, selling, displaying, offering for sale, or dealing	68282
in motor vehicles. Places of business or departments in a place of	68283
business used to dismantle, salvage, or rebuild motor vehicles by	68284
means of using used parts are not considered as being maintained	68285
for the purpose of assisting or furthering the manufacturing,	68286
selling, displaying, and offering for sale or dealing in motor	68287
vehicles.	68288

(X) "Operator" includes any person who drives or operates a	68289
motor vehicle upon the public highways.	68290

(Y) "Chauffeur" means any operator who operates a motor	68291
vehicle, other than a taxicab, as an employee for hire; or any	68292
operator whether or not the owner of a motor vehicle, other than a	68293
taxicab, who operates such vehicle for transporting, for gain,	68294
compensation, or profit, either persons or property owned by	68295
another. Any operator of a motor vehicle who is voluntarily	68296
involved in a ridesharing arrangement is not considered an	68297
employee for hire or operating such vehicle for gain,	68298
compensation, or profit.	68299

(Z) "State" includes the territories and federal districts of	68300
the United States, and the provinces of Canada.	68301

(AA) "Public roads and highways" for vehicles includes all	68302
public thoroughfares, bridges, and culverts.	68303

(BB) "Manufacturer's number" means the manufacturer's	68304
original serial number that is affixed to or imprinted upon the	68305
chassis or other part of the motor vehicle.	68306

(CC) "Motor number" means the manufacturer's original number	68307
that is affixed to or imprinted upon the engine or motor of the	68308
vehicle.	68309

(DD) "Distributor" means any person who is authorized by a	68310
motor vehicle manufacturer to distribute new motor vehicles to	68311
licensed motor vehicle dealers at an established place of business	68312
that is used exclusively for the purpose of distributing new motor	68313
vehicles to licensed motor vehicle dealers, except when the	68314
distributor also is a new motor vehicle dealer, in which case the	68315
distributor may distribute at the location of the distributor's	68316
licensed dealership.	68317

(EE) "Ridesharing arrangement" means the transportation of	68318
persons in a motor vehicle where the transportation is incidental	68319
to another purpose of a volunteer driver and includes ridesharing	68320
arrangements known as carpools, vanpools, and buspools.	68321

(FF) "Apportionable vehicle" means any vehicle that is used	68322
or intended for use in two or more international registration plan	68323
member jurisdictions that allocate or proportionally register	68324
vehicles, that is used for the transportation of persons for hire	68325
or designed, used, or maintained primarily for the transportation	68326
of property, and that meets any of the following qualifications:	68327

(1) Is a power unit having a gross vehicle weight in excess	68328
of twenty-six thousand pounds;	68329

(2) Is a power unit having three or more axles, regardless of	68330
the gross vehicle weight;	68331

(3) Is a combination vehicle with a gross vehicle weight in	68332
excess of twenty-six thousand pounds.	68333

"Apportionable vehicle" does not include recreational	68334
vehicles, vehicles displaying restricted plates, city pick-up and	68335
delivery vehicles, buses used for the transportation of chartered	68336
parties, or vehicles owned and operated by the United States, this	68337
state, or any political subdivisions thereof.	68338

(GG) "Chartered party" means a group of persons who contract	68339
as a group to acquire the exclusive use of a passenger-carrying	68340
motor vehicle at a fixed charge for the vehicle in accordance with	68341
the carrier's tariff, lawfully on file with the United States	68342
department of transportation, for the purpose of group travel to a	68343
specified destination or for a particular itinerary, either agreed	68344
upon in advance or modified by the chartered group after having	68345
left the place of origin.	68346

(HH) "International registration plan" means a reciprocal	68347
agreement of member jurisdictions that is endorsed by the American	68348
association of motor vehicle administrators, and that promotes and	68349
encourages the fullest possible use of the highway system by	68350
authorizing apportioned registration of fleets of vehicles and	68351
recognizing registration of vehicles apportioned in member	68352
jurisdictions.	68353

(II) "Restricted plate" means a license plate that has a	68354
restriction of time, geographic area, mileage, or commodity, and	68355
includes license plates issued to farm trucks under division (J)	68356
of section 4503.04 of the Revised Code.	68357

(JJ) "Gross vehicle weight," with regard to any commercial	68358
car, trailer, semitrailer, or bus that is taxed at the rates	68359
established under section 4503.042 or 4503.65 of the Revised Code,	68360
means the unladen weight of the vehicle fully equipped plus the	68361
maximum weight of the load to be carried on the vehicle.	68362

(KK) "Combined gross vehicle weight" with regard to any	68363
combination of a commercial car, trailer, and semitrailer, that is	68364
taxed at the rates established under section 4503.042 or 4503.65	68365
of the Revised Code, means the total unladen weight of the	68366
combination of vehicles fully equipped plus the maximum weight of	68367
the load to be carried on that combination of vehicles.	68368

(LL) "Chauffeured limousine" means a motor vehicle that is	68369
designed to carry nine or fewer passengers and is operated for	68370
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	68371
transportation of passengers on public roads and highways along a	68372
route under the control of the person hiring the vehicle and not	68373
over a defined and regular route. "Prearranged contract" means an	68374
agreement, made in advance of boarding, to provide transportation	68375
from a specific location in a chauffeured limousine ~~at a fixed~~	68376
~~rate per hour or trip~~. "Chauffeured limousine" does not include	68377
any vehicle that is used exclusively in the business of funeral	68378
directing.	68379

(MM) "Manufactured home" has the same meaning as in division	68380
(C)(4) of section 3781.06 of the Revised Code.	68381

(NN) "Acquired situs," with respect to a manufactured home or	68382
a mobile home, means to become located in this state by the	68383
placement of the home on real property, but does not include the	68384
placement of a manufactured home or a mobile home in the inventory	68385
of a new motor vehicle dealer or the inventory of a manufacturer,	68386
remanufacturer, or distributor of manufactured or mobile homes.	68387

(OO) "Electronic" includes electrical, digital, magnetic,	68388
optical, electromagnetic, or any other form of technology that	68389
entails capabilities similar to these technologies.	68390

(PP) "Electronic record" means a record generated,	68391
communicated, received, or stored by electronic means for use in	68392
an information system or for transmission from one information	68393
system to another.	68394

(QQ) "Electronic signature" means a signature in electronic	68395
form attached to or logically associated with an electronic	68396
record.	68397

(RR) "Financial transaction device" has the same meaning as	68398
in division (A) of section 113.40 of the Revised Code.	68399

(SS) "Electronic motor vehicle dealer" means a motor vehicle	68400
dealer licensed under Chapter 4517. of the Revised Code whom the	68401
registrar of motor vehicles determines meets the criteria	68402
designated in section 4503.035 of the Revised Code for electronic	68403
motor vehicle dealers and designates as an electronic motor	68404
vehicle dealer under that section.	68405

(TT) "Electric personal assistive mobility device" means a	68406
self-balancing two non-tandem wheeled device that is designed to	68407
transport only one person, has an electric propulsion system of an	68408
average of seven hundred fifty watts, and when ridden on a paved	68409
level surface by an operator who weighs one hundred seventy pounds	68410
has a maximum speed of less than twenty miles per hour.	68411

(UU) "Limited driving privileges" means the privilege to	68412
operate a motor vehicle that a court grants under section 4510.021	68413
of the Revised Code to a person whose driver's or commercial	68414
driver's license or permit or nonresident operating privilege has	68415
been suspended.	68416

(VV) "Utility vehicle" means a self-propelled vehicle	68417
designed with a bed, principally for the purpose of transporting	68418
material or cargo in connection with construction, agricultural,	68419
forestry, grounds maintenance, lawn and garden, materials	68420
handling, or similar activities. "Utility vehicle" includes a	68421
vehicle with a maximum attainable speed of twenty miles per hour	68422
or less that is used exclusively within the boundaries of state	68423
parks by state park employees or volunteers for the operation or	68424
maintenance of state park facilities.	68425

Sec. 4501.21. (A) There is hereby created in the state	68426
treasury the license plate contribution fund. The fund shall	68427
consist of all contributions paid by motor vehicle registrants and	68428
collected by the registrar of motor vehicles pursuant to sections	68429
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	68430
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	68431
4503.523, 4503.524, 4503.531, 4503.545, 4503.55, 4503.551,	68432
4503.552, 4503.553, 4503.561, 4503.562, 4503.564, 4503.591,	68433
4503.67, 4503.68, 4503.69, 4503.701, 4503.71, 4503.711, 4503.712,	68434
4503.713, 4503.72, 4503.73, 4503.732, 4503.74, 4503.75, 4503.751,	68435
4503.85, 4503.89, 4503.92, and 4503.94 of the Revised Code.	68436

(B) The registrar shall pay the contributions the registrar	68437
collects in the fund as follows:	68438

The registrar shall pay the contributions received pursuant	68439
to section 4503.491 of the Revised Code to the breast cancer fund	68440
of Ohio, which shall use that money only to pay for programs that	68441
provide assistance and education to Ohio breast cancer patients	68442
and that improve access for such patients to quality health care	68443
and clinical trials and shall not use any of the money for	68444
abortion information, counseling, services, or other	68445
abortion-related activities.	68446

The registrar shall pay the contributions received pursuant	68447
to section 4503.493 of the Revised Code to the autism society of	68448
Ohio, which shall use the contributions for programs and autism	68449
awareness efforts throughout the state.	68450

The registrar shall pay the contributions the registrar	68451
receives pursuant to section 4503.494 of the Revised Code to the	68452
national multiple sclerosis society for distribution in equal	68453
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	68454
chapters of the national multiple sclerosis society. These	68455
chapters shall use the money they receive under this section to	68456
assist in paying the expenses they incur in providing services	68457
directly to their clients.	68458

The registrar shall pay the contributions the registrar	68459
receives pursuant to section 4503.496 of the Revised Code to the	68460
Ohio sickle cell and health association, which shall use the	68461
contributions to help support educational, clinical, and social	68462
support services for adults who have sickle cell disease.	68463

The registrar shall pay the contributions the registrar	68464
receives pursuant to section 4503.498 of the Revised Code to	68465
special olympics Ohio, inc., which shall use the contributions for	68466
its programs, charitable efforts, and other activities.	68467

The registrar shall pay the contributions the registrar	68468
receives pursuant to section 4503.499 of the Revised Code to the	68469
children's glioma cancer foundation, which shall use the	68470
contributions for its research and other programs.	68471

The registrar shall pay the contributions the registrar	68472
receives pursuant to section 4503.50 of the Revised Code to the	68473
future farmers of America foundation, which shall deposit the	68474
contributions into its general account to be used for educational	68475
and scholarship purposes of the future farmers of America	68476
foundation.	68477

The registrar shall pay the contributions the registrar	68478
receives pursuant to section 4503.501 of the Revised Code to the	68479
4-H youth development program of the Ohio state university	68480
extension program, which shall use those contributions to pay the	68481
expenses it incurs in conducting its educational activities.	68482

The registrar shall pay the contributions received pursuant	68483
to section 4503.502 of the Revised Code to the Ohio cattlemen's	68484
foundation, which shall use those contributions for scholarships	68485
and other educational activities.	68486

The registrar shall pay the contributions received pursuant	68487
to section 4503.505 of the Revised Code to the organization Ohio	68488
region phi theta kappa, which shall use those contributions for	68489
scholarships for students who are members of that organization.	68490

The registrar shall pay each contribution the registrar	68491
receives pursuant to section 4503.51 of the Revised Code to the	68492
university or college whose name or marking or design appears on	68493
collegiate license plates that are issued to a person under that	68494
section. A university or college that receives contributions from	68495
the fund shall deposit the contributions into its general	68496
scholarship fund.	68497

The registrar shall pay the contributions the registrar	68498
receives pursuant to section 4503.522 of the Revised Code to the	68499
"friends of Perry's victory and international peace memorial,	68500
incorporated," a nonprofit corporation organized under the laws of	68501
this state, to assist that organization in paying the expenses it	68502
incurs in sponsoring or holding charitable, educational, and	68503
cultural events at the monument.	68504

The registrar shall pay the contributions the registrar	68505
receives pursuant to section 4503.523 of the Revised Code to the	68506
fairport lights foundation, which shall use the money to pay for	68507
the restoration, maintenance, and preservation of the lighthouses	68508
of fairport harbor.	68509

The registrar shall pay the contributions the registrar	68510
receives pursuant to section 4503.524 of the Revised Code to the	68511
Massillon tiger football booster club, which shall use the	68512
contributions only to promote and support the football team of	68513
Washington high school of the Massillon city school district.	68514

The registrar shall pay the contributions the registrar	68515
receives pursuant to section 4503.531 of the Revised Code to the	68516
thank you foundation, incorporated, a nonprofit corporation	68517
organized under the laws of this state, to assist that	68518
organization in paying for the charitable activities and programs	68519
it sponsors in support of United States military personnel,	68520
veterans, and their families.	68521

The registrar shall pay the contributions the registrar	68522
receives pursuant to section 4503.55 of the Revised Code to the	68523
pro football hall of fame, which shall deposit the contributions	68524
into a special bank account that it establishes and which shall be	68525
separate and distinct from any other account the pro football hall	68526
of fame maintains, to be used exclusively for the purpose of	68527
promoting the pro football hall of fame as a travel destination.	68528

The registrar shall pay the contributions that are paid to	68529
the registrar pursuant to section 4503.545 of the Revised Code to	68530
the national rifle association foundation, which shall use the	68531
money to pay the costs of the educational activities and programs	68532
the foundation holds or sponsors in this state.	68533

The registrar shall pay to the Ohio pet fund the	68534
contributions the registrar receives pursuant to section 4503.551	68535
of the Revised Code and any other money from any other source,	68536
including donations, gifts, and grants, that is designated by the	68537
source to be paid to the Ohio pet fund. The Ohio pet fund shall	68538
use the moneys it receives under this section to support programs	68539
for the sterilization of dogs and cats and for educational	68540
programs concerning the proper veterinary care of those animals,	68541
and for expenses of the Ohio pet fund that are reasonably	68542
necessary for it to obtain and maintain its tax-exempt status and	68543
to perform its duties.	68544

The registrar shall pay the contributions the registrar	68545
receives pursuant to section 4503.552 of the Revised Code to the	68546
rock and roll hall of fame and museum, incorporated.	68547

The registrar shall pay the contributions the registrar	68548
receives pursuant to section 4503.553 of the Revised Code to the	68549
Ohio coalition for animals, incorporated, a nonprofit corporation.	68550
Except as provided in division (B) of this section, the coalition	68551
shall distribute the money to its members, and the members shall	68552
use the money only to pay for educational, charitable, and other	68553
programs of each coalition member that provide care for unwanted,	68554
abused, and neglected horses. The Ohio coalition for animals may	68555
use a portion of the money to pay for reasonable marketing costs	68556
incurred in the design and promotion of the license plate and for	68557
administrative costs incurred in the disbursement and management	68558
of funds received under this section.	68559

The registrar shall pay the contributions the registrar	68560
receives pursuant to section 4503.561 of the Revised Code to the	68561
state of Ohio chapter of ducks unlimited, inc., which shall	68562
deposit the contributions into a special bank account that it	68563
establishes. The special bank account shall be separate and	68564
distinct from any other account the state of Ohio chapter of ducks	68565
unlimited, inc., maintains and shall be used exclusively for the	68566
purpose of protecting, enhancing, restoring, and managing wetlands	68567
and conserving wildlife habitat. The state of Ohio chapter of	68568
ducks unlimited, inc., annually shall notify the registrar in	68569
writing of the name, address, and account to which such payments	68570
are to be made.	68571

The registrar shall pay the contributions the registrar	68572
receives pursuant to section 4503.562 of the Revised Code to the	68573
Mahoning river consortium, which shall use the money to pay the	68574
expenses it incurs in restoring and maintaining the Mahoning river	68575
watershed.	68576

The registrar shall pay the contributions the registrar	68577
receives pursuant to section 4503.564 of the Revised Code to	68578
Antioch college for the use of the Glen Helen ecology institute to	68579
pay expenses related to the Glen Helen nature preserve.	68580

The registrar shall pay to a sports commission created	68581
pursuant to section 4503.591 of the Revised Code each contribution	68582
the registrar receives under that section that an applicant pays	68583
to obtain license plates that bear the logo of a professional	68584
sports team located in the county of that sports commission and	68585
that is participating in the license plate program pursuant to	68586
division (E) of that section, irrespective of the county of	68587
residence of an applicant.	68588

The registrar shall pay to a community charity each	68589
contribution the registrar receives under section 4503.591 of the	68590
Revised Code that an applicant pays to obtain license plates that	68591
bear the logo of a professional sports team that is participating	68592
in the license plate program pursuant to division (G) of that	68593
section.	68594

The registrar shall pay the contributions the registrar	68595
receives pursuant to section 4503.67 of the Revised Code to the	68596
Dan Beard council of the boy scouts of America. The council shall	68597
distribute all contributions in an equitable manner throughout the	68598
state to regional councils of the boy scouts.	68599

The registrar shall pay the contributions the registrar	68600
receives pursuant to section 4503.68 of the Revised Code to the	68601
great river council of the girl scouts of the United States of	68602
America. The council shall distribute all contributions in an	68603
equitable manner throughout the state to regional councils of the	68604
girl scouts.	68605

The registrar shall pay the contributions the registrar	68606
receives pursuant to section 4503.69 of the Revised Code to the	68607
Dan Beard council of the boy scouts of America. The council shall	68608
distribute all contributions in an equitable manner throughout the	68609
state to regional councils of the boy scouts.	68610

The registrar shall pay the contributions the registrar	68611
receives pursuant to section 4503.701 of the Revised Code to the	68612
Prince Hall grand lodge of free and accepted masons of Ohio, which	68613
shall use the contributions for scholarship purposes.	68614

The registrar shall pay the contributions the registrar	68615
receives pursuant to section 4503.71 of the Revised Code to the	68616
fraternal order of police of Ohio, incorporated, which shall	68617
deposit the fees into its general account to be used for purposes	68618
of the fraternal order of police of Ohio, incorporated.	68619

The registrar shall pay the contributions the registrar	68620
receives pursuant to section 4503.711 of the Revised Code to the	68621
fraternal order of police of Ohio, incorporated, which shall	68622
deposit the contributions into an account that it creates to be	68623
used for the purpose of advancing and protecting the law	68624
enforcement profession, promoting improved law enforcement	68625
methods, and teaching respect for law and order.	68626

The registrar shall pay the contributions received pursuant	68627
to section 4503.712 of the Revised Code to Ohio concerns of police	68628
survivors, which shall use those contributions to provide whatever	68629
assistance may be appropriate to the families of Ohio law	68630
enforcement officers who are killed in the line of duty.	68631

The registrar shall pay the contributions received pursuant	68632
to section 4503.713 of the Revised Code to the greater Cleveland	68633
peace officers memorial society, which shall use those	68634
contributions to honor law enforcement officers who have died in	68635
the line of duty and support its charitable purposes.	68636

The registrar shall pay the contributions the registrar	68637
receives pursuant to section 4503.72 of the Revised Code to the	68638
organization known on March 31, 2003, as the Ohio CASA/GAL	68639
association, a private, nonprofit corporation organized under	68640
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	68641
shall use these contributions to pay the expenses it incurs in	68642
administering a program to secure the proper representation in the	68643
courts of this state of abused, neglected, and dependent children,	68644
and for the training and supervision of persons participating in	68645
that program.	68646

The registrar shall pay the contributions the registrar	68647
receives pursuant to section 4503.73 of the Revised Code to Wright	68648
B. Flyer, incorporated, which shall deposit the contributions into	68649
its general account to be used for purposes of Wright B. Flyer,	68650
incorporated.	68651

The registrar shall pay the contributions the registrar	68652
receives pursuant to section 4503.732 of the Revised Code to the	68653
Siegel & Shuster society, a nonprofit organization dedicated to	68654
commemorating and celebrating the creation of Superman in	68655
Cleveland, Ohio.	68656

The registrar shall pay the contributions the registrar	68657
receives pursuant to section 4503.74 of the Revised Code to the	68658
Columbus zoological park association, which shall disburse the	68659
moneys to Ohio's major metropolitan zoos, as defined in section	68660
4503.74 of the Revised Code, in accordance with a written	68661
agreement entered into by the major metropolitan zoos.	68662

The registrar shall pay the contributions the registrar	68663
receives pursuant to section 4503.75 of the Revised Code to the	68664
rotary foundation, located on March 31, 2003, in Evanston,	68665
Illinois, to be placed in a fund known as the permanent fund and	68666
used to endow educational and humanitarian programs of the rotary	68667
foundation.	68668

The registrar shall pay the contributions the registrar	68669
receives pursuant to section 4503.751 of the Revised Code to the	68670
Ohio association of realtors, which shall deposit the	68671
contributions into a property disaster relief fund maintained	68672
under the Ohio realtors charitable and education foundation.	68673

The registrar shall pay the contributions the registrar	68674
receives pursuant to section 4503.85 of the Revised Code to the	68675
Ohio sea grant college program to be used for Lake Erie area	68676
research projects.	68677

The registrar shall pay the contributions the registrar	68678
receives pursuant to section 4503.89 of the Revised Code to the	68679
American red cross of greater Columbus on behalf of the Ohio	68680
chapters of the American red cross, which shall use the	68681
contributions for disaster readiness, preparedness, and response	68682
programs on a statewide basis.	68683

The registrar shall pay the contributions received pursuant	68684
to section 4503.92 of the Revised Code to support our troops,	68685
incorporated, a national nonprofit corporation, which shall use	68686
those contributions in accordance with its articles of	68687
incorporation and for the benefit of servicemembers of the armed	68688
forces of the United States and their families when they are in	68689
financial need.	68690

The registrar shall pay the contributions the registrar	68691
receives pursuant to section 4503.94 of the Revised Code to the	68692
Michelle's leading star foundation, which shall use the money	68693
solely to fund the rental, lease, or purchase of the simulated	68694
driving curriculum of the Michelle's leading star foundation by	68695
boards of education of city, exempted village, local, and joint	68696
vocational school districts.	68697

(C) All investment earnings of the license plate contribution	68698
fund shall be credited to the fund. Not later than the first day	68699
of May of every year, the registrar shall distribute to each	68700
entity described in division (B) of this section the investment	68701
income the fund earned the previous calendar year. The amount of	68702
such a distribution paid to an entity shall be proportionate to	68703
the amount of money the entity received from the fund during the	68704
previous calendar year.	68705

Sec. 4503.524. (A) The owner or lessee of any passenger car,	68706
noncommercial motor vehicle, recreational vehicle, or other	68707
vehicle of a class approved by the registrar of motor vehicles may	68708
apply to the registrar for the registration of the vehicle and	68709
issuance of "Massillon tiger football booster club" license	68710
plates. The application for "Massillon tiger football booster	68711
club" license plates may be combined with a request for a special	68712
reserved license plate under section 4503.40 or 4503.42 of the	68713
Revised Code. Upon receipt of the completed application and	68714
compliance with division (B) of this section, the registrar shall	68715
issue to the applicant the appropriate vehicle registration and a	68716
set of "Massillon tiger football booster club" license plates with	68717
a validation sticker or a validation sticker alone when required	68718
by section 4503.191 of the Revised Code. In addition to the	68719
letters and numbers ordinarily inscribed thereon, "Massillon tiger	68720
football booster club" license plates shall be inscribed with	68721
words and markings selected and designed by the Massillon tiger	68722
football booster club and approved by the registrar. "Massillon	68723
tiger football booster club" license plates shall bear county	68724
identification stickers that identify the county of registration	68725
by name or number.	68726

(B) "Massillon tiger football booster club" license plates	68727
and validation stickers shall be issued upon payment of the	68728
regular license tax as prescribed under section 4503.04 of the	68729
Revised Code, any applicable motor vehicle tax levied under	68730
Chapter 4504. of the Revised Code, a bureau of motor vehicles	68731
administrative fee of ten dollars, the contribution specified in	68732
division (C) of this section, and compliance with all other	68733
applicable laws relating to the registration of motor vehicles. If	68734
the application for "Massillon tiger football booster club"	68735
license plates is combined with a request for a special reserved	68736
license plate under section 4503.40 or 4503.42 of the Revised	68737
Code, the license plates and validation sticker shall be issued	68738
upon payment of the contribution, fees, and taxes contained in	68739
this division and the additional fee prescribed under section	68740
4503.40 or 4503.42 of the Revised Code.	68741

(C) For each application for registration and registration	68742
renewal submitted under this section, the registrar shall collect	68743
a contribution of twenty-five dollars. The registrar shall	68744
transmit this contribution to the treasurer of state for deposit	68745
into the license plate contribution fund created in section	68746
4501.21 of the Revised Code.	68747

The registrar shall deposit the ten-dollar bureau	68748
administrative fee, the purpose of which is to compensate the	68749
bureau for additional services required in issuing "Massillon	68750
tiger football booster club" license plates, into the state bureau	68751
of motor vehicles fund created in section 4501.25 of the Revised	68752
Code.	68753

Sec. 4503.62. (A) Application for the registration of an	68754
apportionable vehicle shall be made to the registrar of motor	68755
vehicles in accordance with division (J) of section 4503.10 of the	68756
Revised Code.	68757

(B) Any person applying to register a vehicle or combination	68758
vehicle that has a gross vehicle weight of twenty-six thousand	68759
pounds or less or two axles, or that is a bus used in charter	68760
party service, also may register the vehicle in accordance with	68761
division (J) of section 4503.10 of the Revised Code if the vehicle	68762
is used or intended for use in two or more international	68763
registration plan member jurisdictions.	68764

(C) No later than December 31, 2011, the registrar shall	68765
adopt rules under Chapter 119. of the Revised Code to establish a	68766
program to accept applications for vehicle registration	68767
transactions of apportionable vehicles electronically over the	68768
internet. The program also may provide for vehicle registration	68769
transactions of nonapportionable commercial motor vehicles over	68770
the internet.	68771

(D) The internet registration program shall provide an option	68772
for the payment of all registration taxes and fees by use of a	68773
financial transaction device. In providing for payment by the use	68774
of a financial transaction device, the registrar ~~may, but is not~~	68775
~~required to,~~shall comply with section 113.40 of the Revised Code.	68776
~~The registrar, with the approval of the director of public safety,~~	68777
~~may contract with a third party to accept and process payments~~	68778
~~made by use of a financial transaction device on behalf of the~~	68779
~~bureau of motor vehicles.~~ All fees associated with payment by use	68780
of a financial transaction device shall be borne by the applicants	68781
seeking the registration of apportionable or other vehicles under	68782
the program established pursuant to division (C) of this section.	68783
The bureau shall not pay any costs, and shall not retain any	68784
additional fees, associated with the use of a financial	68785
transaction device.	68786

(E) As used in this section, "financial transaction device"	68787
has the same meaning as in section 113.40 of the Revised Code.	68788

Sec. 4503.732. (A) The owner or lessee of any passenger car,	68789
noncommercial motor vehicle, recreational vehicle, or other	68790
vehicle of a class approved by the registrar of motor vehicles may	68791
apply to the registrar for the registration of the vehicle and	68792
issuance of "Truth, Justice, and the American Way" license plates.	68793
The application may be combined with a request for a special	68794
reserved license plate under section 4503.40 or 4503.42 of the	68795
Revised Code. Upon receipt of an application for registration of a	68796
motor vehicle under this section, the registrar shall issue to the	68797
applicant the appropriate motor vehicle registration and a set of	68798
"Truth, Justice, and the American Way" license plates and a	68799
validation sticker, or a validation sticker alone when required by	68800
section 4503.191 of the Revised Code.	68801

In addition to the letters and numbers ordinarily inscribed	68802
on the license plates, "Truth, Justice, and the American Way"	68803
license plates shall be inscribed with the words "Truth, Justice,	68804
and the American Way" and a design, logo, or marking selected by	68805
the entity that owns the Superman name. The registrar shall	68806
approve the final design after entering into a license agreement	68807
with that entity for appropriate use of the Superman name and	68808
associated logo or marking, as applicable. The license plates	68809
shall bear county identification stickers that identify the county	68810
of registration by name or number.	68811

(B) "Truth, Justice, and the American Way" license plates and	68812
validation stickers shall be issued upon receipt of a contribution	68813
as provided in division (C)(1) of this section and upon payment of	68814
the regular license tax as prescribed under section 4503.04 of the	68815
Revised Code, any applicable motor vehicle license tax levied	68816
under Chapter 4504. of the Revised Code, and a bureau of motor	68817
vehicles administrative fee of ten dollars. The applicant shall	68818
comply with all other applicable laws relating to the registration	68819
of motor vehicles. If the application for "Truth, Justice, and the	68820
American Way" license plates is combined with a request for a	68821
special reserved license plate under section 4503.40 or 4503.42 of	68822
the Revised Code, the license plates and validation sticker shall	68823
be issued upon payment of the fees and taxes specified in this	68824
division and the additional fee prescribed under section 4503.40	68825
or 4503.42 of the Revised Code.	68826

(C)(1) For each application for registration and registration	68827
renewal notice the registrar receives under this section, the	68828
registrar shall collect a contribution of ten dollars. The	68829
registrar shall pay this contribution into the state treasury to	68830
the credit of the license plate contribution fund created in	68831
section 4501.21 of the Revised Code.	68832

(2) The registrar shall pay into the state treasury the	68833
ten-dollar bureau administrative fee, the purpose of which is to	68834
compensate the bureau for additional services required in issuing	68835
"Truth, Justice, and the American Way" license plates, to the	68836
credit of the state bureau of motor vehicles fund created in	68837
section 4501.25 of Revised Code.	68838

Sec. 4505.02. The registrar of motor vehicles shall issue	68839
rules as the registrar determines necessary to ensure uniform and	68840
orderly operation of this chapter and to ensure that the	68841
identification of each applicant for a certificate of title is	68842
reasonably accurate. The clerks of the courts of common pleas	68843
shall conform thereto. The clerks shall provide the forms as	68844
prescribed by the registrar, except the manufacturers' or	68845
importers' certificates. The clerks shall provide, from moneys in	68846
the automated title processing fund, certificates of title and	68847
ribbons, cartridges, or other devices necessary for the operation	68848
of the certificate of title processing equipment as determined by	68849
the automated title processing board pursuant to division (C) of	68850
section 4505.09 of the Revised Code. All other automated title	68851
processing system supplies shall be provided by the clerks.	68852

If it appears that any certificate of title has been	68853
improperly issued, the registrar shall cancel the certificate.	68854
Upon the cancellation of any certificate of title, the registrar	68855
shall notify the clerk who issued it, and the clerk thereupon	68856
shall enter the cancellation upon the clerk's records. The	68857
registrar also shall notify the person to whom such certificate of	68858
title was issued, as well as any lienholders appearing thereon, of	68859
the cancellation and shall demand the surrender of the certificate	68860
of title immediately, but the cancellation shall not affect the	68861
validity of any lien noted thereon. The holder of such certificate	68862
of title immediately shall return it to the registrar. If a	68863
certificate of registration has been issued to the holder of a	68864
certificate of title so canceled the registrar immediately shall	68865
cancel it and demand the return of such certificate of	68866
registration and license plates, and the holder of such	68867
certificate of registration and license plates shall return the	68868
same to the registrar forthwith. The clerks shall keep on hand a	68869
sufficient supply of blank forms, which, except for certificate of	68870
title and memorandum certificate forms, shall be furnished and	68871
distributed without charge to registered manufacturers or dealers,	68872
or other persons residing within the county.	68873

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	68874
shall charge and retain fees as follows:	68875

(a) Five dollars for each certificate of title that is not	68876
applied for within thirty days after the later of the assignment	68877
or delivery of the motor vehicle described in it. The entire fee	68878
shall be retained by the clerk.	68879

(b) Fifteen dollars for each certificate of title or	68880
duplicate certificate of title including the issuance of a	68881
memorandum certificate of title, or authorization to print a	68882
non-negotiable evidence of ownership described in division (G) of	68883
section 4505.08 of the Revised Code, non-negotiable evidence of	68884
ownership printed by the clerk under division (H) of that section,	68885
and notation of any lien on a certificate of title that is applied	68886
for at the same time as the certificate of title. The clerk shall	68887
retain eleven dollars and fifty cents of that fee for each	68888
certificate of title when there is a notation of a lien or	68889
security interest on the certificate of title, twelve dollars and	68890
twenty-five cents when there is no lien or security interest noted	68891
on the certificate of title, and eleven dollars and fifty cents	68892
for each duplicate certificate of title.	68893

(c) Four dollars and fifty cents for each certificate of	68894
title with no security interest noted that is issued to a licensed	68895
motor vehicle dealer for resale purposes and, in addition, a	68896
separate fee of fifty cents. The clerk shall retain two dollars	68897
and twenty-five cents of that fee.	68898

(d) Five dollars for each memorandum certificate of title or	68899
non-negotiable evidence of ownership that is applied for	68900
separately. The clerk shall retain that entire fee.	68901

(2) The fees that are not retained by the clerk shall be paid	68902
to the registrar of motor vehicles by monthly returns, which shall	68903
be forwarded to the registrar not later than the fifth day of the	68904
month next succeeding that in which the certificate is issued or	68905
that in which the registrar is notified of a lien or cancellation	68906
of a lien.	68907

(B)(1) The registrar shall pay twenty-five cents of the	68908
amount received for each certificate of title issued to a motor	68909
vehicle dealer for resale, one dollar for certificates of title	68910
issued with a lien or security interest noted on the certificate	68911
of title, and twenty-five cents for each certificate of title with	68912
no lien or security interest noted on the certificate of title	68913
into the state bureau of motor vehicles fund established in	68914
section 4501.25 of the Revised Code.	68915

(2) Fifty cents of the amount received for each certificate	68916
of title shall be paid by the registrar as follows:	68917

(a) Four cents shall be paid into the state treasury to the	68918
credit of the motor vehicle dealers board fund, which is hereby	68919
created. All investment earnings of the fund shall be credited to	68920
the fund. The moneys in the motor vehicle dealers board fund shall	68921
be used by the motor vehicle dealers board created under section	68922
4517.30 of the Revised Code, together with other moneys	68923
appropriated to it, in the exercise of its powers and the	68924
performance of its duties under Chapter 4517. of the Revised Code,	68925
except that the director of budget and management may transfer	68926
excess money from the motor vehicle dealers board fund to the	68927
bureau of motor vehicles fund if the registrar determines that the	68928
amount of money in the motor vehicle dealers board fund, together	68929
with other moneys appropriated to the board, exceeds the amount	68930
required for the exercise of its powers and the performance of its	68931
duties under Chapter 4517. of the Revised Code and requests the	68932
director to make the transfer.	68933

(b) Twenty-one cents shall be paid into the highway operating	68934
fund.	68935

(c) Twenty-five cents shall be paid into the state treasury	68936
to the credit of the motor vehicle sales audit fund, which is	68937
hereby created. The moneys in the fund shall be used by the tax	68938
commissioner together with other funds available to the	68939
commissioner to conduct a continuing investigation of sales and	68940
use tax returns filed for motor vehicles in order to determine if	68941
sales and use tax liability has been satisfied. The commissioner	68942
shall refer cases of apparent violations of section 2921.13 of the	68943
Revised Code made in connection with the titling or sale of a	68944
motor vehicle and cases of any other apparent violations of the	68945
sales or use tax law to the appropriate county prosecutor whenever	68946
the commissioner considers it advisable.	68947

(3) Two dollars of the amount received by the registrar under	68948
divisions (A)(1)(a), (b), and (d) of this section and one dollar	68949
and fifty cents of the amount received by the registrar under	68950
division (A)(1)(c) of this section for each certificate of title	68951
shall be paid into the state treasury to the credit of the	68952
automated title processing fund, which is hereby created and which	68953
shall consist of moneys collected under division (B)(3) of this	68954
section and under sections 1548.10 and 4519.59 of the Revised	68955
Code. All investment earnings of the fund shall be credited to the	68956
fund. The moneys in the fund shall be used as follows:	68957

(a) Except for moneys collected under section 1548.10 of the	68958
Revised Code and as provided in division (B)(3)(c) of this	68959
section, moneys collected under division (B)(3) of this section	68960
shall be used to implement and maintain an automated title	68961
processing system for the issuance of motor vehicle, off-highway	68962
motorcycle, and all-purpose vehicle certificates of title in the	68963
offices of the clerks of the courts of common pleas.	68964

(b) Moneys collected under section 1548.10 of the Revised	68965
Code shall be used to issue marine certificates of title in the	68966
offices of the clerks of the courts of common pleas as provided in	68967
Chapter 1548. of the Revised Code.	68968

(c) Moneys collected under division (B)(3) of this section	68969
shall be used in accordance with section 4505.25 of the Revised	68970
Code to implement Sub. S.B. 59 of the 124th general assembly.	68971

(4) The registrar shall pay the fifty-cent separate fee	68972
collected from a licensed motor vehicle dealer under division	68973
(A)(1)(c) of this section into the title defect recision fund	68974
created by section 1345.52 of the Revised Code.	68975

(C)(1) The automated title processing board is hereby created	68976
consisting of the registrar or the registrar's representative, a	68977
person selected by the registrar, the president of the Ohio clerks	68978
of court association or the president's representative, and two	68979
clerks of courts of common pleas appointed by the governor. The	68980
director of budget and management or the director's designee, the	68981
chief of the division of watercraft in the department of natural	68982
resources or the chief's designee, and the tax commissioner or the	68983
commissioner's designee shall be nonvoting members of the board.	68984
The purpose of the board is to facilitate the operation and	68985
maintenance of an automated title processing system and approve	68986
the procurement of automated title processing system equipment and	68987
ribbons, cartridges, or other devices necessary for the operation	68988
of that equipment. Voting members of the board, excluding the	68989
registrar or the registrar's representative, shall serve without	68990
compensation, but shall be reimbursed for travel and other	68991
necessary expenses incurred in the conduct of their official	68992
duties. The registrar or the registrar's representative shall	68993
receive neither compensation nor reimbursement as a board member.	68994

(2) The automated title processing board shall determine each	68995
of the following:	68996

(a) The automated title processing equipment and certificates	68997
of title requirements for each county;	68998

(b) The payment of expenses that may be incurred by the	68999
counties in implementing an automated title processing system;	69000

(c) The repayment to the counties for existing title	69001
processing equipment.	69002

(3) The registrar shall purchase, lease, or otherwise acquire	69003
any automated title processing equipment and certificates of title	69004
that the board determines are necessary from moneys in the	69005
automated title processing fund established by division (B)(3) of	69006
this section.	69007

(D) All counties shall conform to the requirements of the	69008
registrar regarding the operation of their automated title	69009
processing system for motor vehicle titles, certificates of title	69010
for off-highway motorcycles and all-purpose vehicles, and	69011
certificates of title for watercraft and outboard motors.	69012

Sec. 4505.101. (A) The following business owners may obtain	69013
a certificate of title to an unclaimed vehicle in the manner	69014
provided in this section:	69015

(1)(a) The owner of any repair garage or place of storage in	69016
which a motor vehicle with a value of less than ~~two~~five thousand	69017
~~five hundred~~ dollars has been left unclaimed for fifteen business	69018
days ~~or more~~ following completion of the requested repair or the	69019
agreed term of storage ~~may~~;	69020

(b) The owner of a private tow truck, towing company, or tow	69021
company place of storage where a motor vehicle with a value of	69022
less than five thousand dollars has been left unclaimed for	69023
fifteen business days from the date the motor vehicle was towed	69024
under division (B) of section 4513.60 of the Revised Code if the	69025
owner either holds a certificate of public convenience and	69026
necessity under section 4921.03 of the Revised Code or is	69027
registered under rules adopted by the public utilities commission	69028
under section 4921.11 of the Revised Code.	69029

(2) The value of the motor vehicle for the purposes of	69030
divisions (A)(1)(a) and (b) of this section shall be determined in	69031
accordance with standards fixed by rule in accordance with Chapter	69032
119. of the Revised Code by the registrar of motor vehicles.	69033

(B) A business owner described in division (A)(1) of this	69034
section shall send by certified mail, return receipt requested, to	69035
the last known address of the owner a notice to remove the motor	69036
vehicle. If the motor vehicle remains unclaimed by the owner for	69037
fifteen business days after the mailing of the notice, and the	69038
~~person~~business owner on whose property the vehicle has been	69039
abandoned has received the signed receipt from the certified mail	69040
or has been notified that the delivery was not possible, the	69041
~~person~~business owner shall obtain a certificate of title, a	69042
salvage certificate of title, or a certificate for destruction	69043
only to the motor vehicle in the ~~person's~~business owner's name in	69044
the manner provided in this section.	69045

(C) The business owner ~~of the repair garage or place of~~	69046
~~storage that~~who mailed the notice shall execute an affidavit	69047
within thirty business days after receiving the signed receipt	69048
from the certified mail or notification that the delivery was not	69049
possible that all of the requirements of this section necessary to	69050
authorize the issuance of a certificate of title or a salvage	69051
certificate of title for the motor vehicle have been met. The	69052
affidavit shall set forth the value of the motor vehicle ~~when~~	69053
~~unclaimed~~ as determined in accordance with standards fixed by the	69054
registrar of motor vehicles in rule in accordance with Chapter	69055
119. of the Revised Code; the length of time that the motor	69056
vehicle has remained unclaimed; the expenses incurred with the	69057
motor vehicle; that a notice to remove the vehicle has been mailed	69058
to the titled owner, if known, by certified mail, return receipt	69059
requested; and that a search of the records of the bureau of motor	69060
vehicles has been made for outstanding liens on the motor vehicle.	69061

(D) No affidavit or application for a certificate for	69062
destruction only shall be executed or filed under this section	69063
until after a search of the records of the bureau of motor	69064
vehicles has been made. If the research reveals any owner of the	69065
motor vehicle, the business owner shall comply with division (B)	69066
of this section. If the research reveals any outstanding lien on	69067
the motor vehicle, the business owner ~~of the repair garage or~~	69068
~~place of storage of the motor vehicle~~ shall notify the mortgagee	69069
or lienholder by certified mail, return receipt requested, stating	69070
where the motor vehicle is located and the value of the vehicle.	69071
Unless the mortgagee or lienholder claims the motor vehicle within	69072
fifteen business days from the mailing of the notice, the	69073
mortgagee's mortgage or the lienholder's lien shall be invalid.	69074

(E)(1) Upon presentation by the business owner ~~of the repair~~	69075
~~garage or place of storage~~ of the affidavit, showing compliance	69076
with all requirements of this section to the clerk of courts of	69077
the county in which the ~~repair garage or place of storage~~business	69078
is located, the clerk of courts shall issue a certificate of title	69079
or salvage certificate of title, free and clear of all liens and	69080
encumbrances, to the business owner ~~of the place of storage~~.	69081

(2) The value of the motor vehicle, as determined in	69082
accordance with standards fixed by the registrar of motor vehicles	69083
in accordance with Chapter 119. of the Revised Code, less expenses	69084
incurred by the business owner ~~of such repair garage or place of~~	69085
~~storage~~, shall be paid to the clerk of courts for deposit into the	69086
county general fund upon receipt of the certificate of title.	69087

~~(B)~~(F)(1) Upon presentation by the business owner of the	69088
application for a certificate for destruction only, showing	69089
compliance with all requirements of this section to the registrar	69090
of motor vehicles, the registrar shall issue a certificate for	69091
destruction only, free and clear of all liens and encumbrances, to	69092
the business owner.	69093

(2) The value of the motor vehicle with a certificate for	69094
destruction only shall be determined in accordance with standards	69095
fixed by the registrar of motor vehicles in rule in accordance	69096
with Chapter 119. of the Revised Code, less expenses incurred by	69097
the business owner.	69098

(G) Whoever violates this section shall be fined not more	69099
than two hundred dollars, imprisoned not more than ninety days, or	69100
both.	69101

Sec. 4506.07. (A) Every application for a commercial	69102
driver's license, restricted commercial driver's license, or a	69103
commercial driver's temporary instruction permit, or a duplicate	69104
of such a license, shall be made upon a form approved and	69105
furnished by the registrar of motor vehicles. Except as provided	69106
in section 4506.24 of the Revised Code in regard to a restricted	69107
commercial driver's license, the application shall be signed by	69108
the applicant and shall contain the following information:	69109

(1) The applicant's name, date of birth, social security	69110
account number, sex, general description including height, weight,	69111
and color of hair and eyes, current residence, duration of	69112
residence in this state, country of citizenship, and occupation;	69113

(2) Whether the applicant previously has been licensed to	69114
operate a commercial motor vehicle or any other type of motor	69115
vehicle in another state or a foreign jurisdiction and, if so,	69116
when, by what state, and whether the license or driving privileges	69117
currently are suspended or revoked in any jurisdiction, or the	69118
applicant otherwise has been disqualified from operating a	69119
commercial motor vehicle, or is subject to an out-of-service order	69120
issued under this chapter or any similar law of another state or a	69121
foreign jurisdiction and, if so, the date of, locations involved,	69122
and reason for the suspension, revocation, disqualification, or	69123
out-of-service order;	69124

(3) Whether the applicant is afflicted with or suffering from	69125
any physical or mental disability or disease that prevents the	69126
applicant from exercising reasonable and ordinary control over a	69127
motor vehicle while operating it upon a highway or is or has been	69128
subject to any condition resulting in episodic impairment of	69129
consciousness or loss of muscular control and, if so, the nature	69130
and extent of the disability, disease, or condition, and the names	69131
and addresses of the physicians attending the applicant;	69132

(4) Whether the applicant has obtained a medical examiner's	69133
certificate as required by this chapter and, beginning January 30,	69134
2012, the applicant, prior to or at the time of applying, has	69135
self-certified to the registrar the applicable status of the	69136
applicant under division (A)(2) of section 4506.10 of the Revised	69137
Code;	69138

(5) Whether the applicant has pending a citation for	69139
violation of any motor vehicle law or ordinance except a parking	69140
violation and, if so, a description of the citation, the court	69141
having jurisdiction of the offense, and the date when the offense	69142
occurred;	69143

(6) ~~Whether~~If an applicant has not certified the applicant's	69144
willingness to make an anatomical gift under section 2108.05 of	69145
the Revised Code, whether the applicant wishes to certify	69146
willingness to make such an anatomical gift ~~under section 2108.05~~	69147
~~of the Revised Code~~, which shall be given no consideration in the	69148
issuance of a license;	69149

(7) On and after May 1, 1993, whether the applicant has	69150
executed a valid durable power of attorney for health care	69151
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	69152
executed a declaration governing the use or continuation, or the	69153
withholding or withdrawal, of life-sustaining treatment pursuant	69154
to sections 2133.01 to 2133.15 of the Revised Code and, if the	69155
applicant has executed either type of instrument, whether the	69156
applicant wishes the license issued to indicate that the applicant	69157
has executed the instrument;	69158

(8) On and after October 7, 2009, whether the applicant is a	69159
veteran, active duty, or reservist of the armed forces of the	69160
United States and, if the applicant is such, whether the applicant	69161
wishes the license issued to indicate that the applicant is a	69162
veteran, active duty, or reservist of the armed forces of the	69163
United States by a military designation on the license.	69164

(B) Every applicant shall certify, on a form approved and	69165
furnished by the registrar, all of the following:	69166

(1) That the motor vehicle in which the applicant intends to	69167
take the driving skills test is representative of the type of	69168
motor vehicle that the applicant expects to operate as a driver;	69169

(2) That the applicant is not subject to any disqualification	69170
or out-of-service order, or license suspension, revocation, or	69171
cancellation, under the laws of this state, of another state, or	69172
of a foreign jurisdiction and does not have more than one driver's	69173
license issued by this or another state or a foreign jurisdiction;	69174

(3) Any additional information, certification, or evidence	69175
that the registrar requires by rule in order to ensure that the	69176
issuance of a commercial driver's license to the applicant is in	69177
compliance with the law of this state and with federal law.	69178

(C) Every applicant shall execute a form, approved and	69179
furnished by the registrar, under which the applicant consents to	69180
the release by the registrar of information from the applicant's	69181
driving record.	69182

(D) The registrar or a deputy registrar, in accordance with	69183
section 3503.11 of the Revised Code, shall register as an elector	69184
any applicant for a commercial driver's license or for a renewal	69185
or duplicate of such a license under this chapter, if the	69186
applicant is eligible and wishes to be registered as an elector.	69187
The decision of an applicant whether to register as an elector	69188
shall be given no consideration in the decision of whether to	69189
issue the applicant a license or a renewal or duplicate.	69190

(E) The registrar or a deputy registrar, in accordance with	69191
section 3503.11 of the Revised Code, shall offer the opportunity	69192
of completing a notice of change of residence or change of name to	69193
any applicant for a commercial driver's license or for a renewal	69194
or duplicate of such a license who is a resident of this state, if	69195
the applicant is a registered elector who has changed the	69196
applicant's residence or name and has not filed such a notice.	69197

(F) In considering any application submitted pursuant to this	69198
section, the bureau of motor vehicles may conduct any inquiries	69199
necessary to ensure that issuance or renewal of a commercial	69200
driver's license would not violate any provision of the Revised	69201
Code or federal law.	69202

(G) In addition to any other information it contains, on and	69203
after October 7, 2009, the form approved and furnished by the	69204
registrar of motor vehicles for an application for a commercial	69205
driver's license, restricted commercial driver's license, or a	69206
commercial driver's temporary instruction permit or an application	69207
for a duplicate of such a license shall inform applicants that the	69208
applicant must present a copy of the applicant's DD-214 or an	69209
equivalent document in order to qualify to have the license or	69210
duplicate indicate that the applicant is a veteran, active duty,	69211
or reservist of the armed forces of the United States based on a	69212
request made pursuant to division (A)(8) of this section.	69213

Sec. 4507.021. (A) No person shall drive, operate, draw,	69214
move, or propel an agricultural tractor or implement of husbandry	69215
upon a street or highway in either of the following circumstances	69216
unless the person has a current, valid driver's or commercial	69217
driver's license:	69218

(1) At a speed greater than twenty-five miles per hour; or

69219

(2) While transporting persons in or on a trailer or unit of	69220
farm machinery.	69221

(B) Whoever violates division (A) of this section is guilty	69222
of a misdemeanor of the first degree.	69223

Sec. 4507.03. (A)(1) No person shall be required to obtain a	69224
driver's or commercial driver's license for the purpose of	69225
temporarily driving, operating, drawing, moving, or propelling a	69226
road roller or road machinery upon a street or highway.	69227

(2) NoExcept as provided in section 4507.021 of the Revised	69228
Code, no person shall be required to obtain a driver's or	69229
commercial driver's license for the purpose of temporarily	69230
driving, operating, drawing, moving, or propelling any	69231
agricultural tractor or implement of husbandry upon a street or	69232
highway at a speed of twenty-five miles per hour or less.	69233

(3) ~~No person shall drive, operate, draw, move, or propel any~~	69234
~~agricultural tractor or implement of husbandry upon a street or~~	69235
~~highway at a speed greater than twenty-five miles per hour unless~~	69236
~~the person has a current, valid driver's or commercial driver's~~	69237
~~license.~~	69238

~~(4)~~ No person having a valid driver's or commercial driver's	69239
license shall be required to have a motorcycle operator's	69240
endorsement to operate a motorcycle having three wheels with a	69241
motor of not more than fifty cubic centimeters piston	69242
displacement.	69243

(B) Every person on active duty in the armed forces of the	69244
United States, when furnished with a driver's permit and when	69245
operating an official motor vehicle in connection with such duty,	69246
is exempt from the license requirements of Chapters 4506. and	69247
4507. of the Revised Code.	69248

Every person on active duty in the armed forces of the United	69249
States or in service with the peace corps, volunteers in service	69250
to America, or the foreign service of the United States is exempt	69251
from the license requirements of those chapters for the period of	69252
the person's active duty or service and for six months thereafter,	69253
provided the person was a licensee under those chapters at the	69254
time the person commenced the person's active duty or service. The	69255
spouse or a dependent of any such person on active duty or in	69256
service also is exempt from the license requirements of those	69257
chapters for the period of the person's active duty or service and	69258
for six months thereafter, provided the spouse or dependent was a	69259
licensee under those chapters at the time the person commenced the	69260
active duty or service, and provided further that the person's	69261
active duty or service causes the spouse or dependent to relocate	69262
outside of this state during the period of the active duty or	69263
service.	69264

This section does not prevent such a person or the person's	69265
spouse or dependent from making an application, as provided in	69266
division (C) of section 4507.10 of the Revised Code, for the	69267
renewal of a driver's license or motorcycle operator's endorsement	69268
or as provided in section 4506.14 of the Revised Code for the	69269
renewal of a commercial driver's license during the period of the	69270
person's active duty or service.	69271

~~(C) Whoever violates division (A)(3) of this section is~~	69272
~~guilty of a misdemeanor of the first degree.~~	69273

Sec. 4507.06. (A)(1) Every application for a driver's	69274
license or motorcycle operator's license or endorsement, or	69275
duplicate of any such license or endorsement, shall be made upon	69276
the approved form furnished by the registrar of motor vehicles and	69277
shall be signed by the applicant.	69278

Every application shall state the following:

69279

(a) The applicant's name, date of birth, social security	69280
number if such has been assigned, sex, general description,	69281
including height, weight, color of hair, and eyes, residence	69282
address, including county of residence, duration of residence in	69283
this state, and country of citizenship;	69284

(b) Whether the applicant previously has been licensed as an	69285
operator, chauffeur, driver, commercial driver, or motorcycle	69286
operator and, if so, when, by what state, and whether such license	69287
is suspended or canceled at the present time and, if so, the date	69288
of and reason for the suspension or cancellation;	69289

(c) Whether the applicant is now or ever has been afflicted	69290
with epilepsy, or whether the applicant now is suffering from any	69291
physical or mental disability or disease and, if so, the nature	69292
and extent of the disability or disease, giving the names and	69293
addresses of physicians then or previously in attendance upon the	69294
applicant;	69295

(d) Whether an applicant for a duplicate driver's license, or	69296
duplicate license containing a motorcycle operator endorsement has	69297
pending a citation for violation of any motor vehicle law or	69298
ordinance, a description of any such citation pending, and the	69299
date of the citation;	69300

(e) ~~Whether~~If an applicant has not certified the applicant's	69301
willingness to make an anatomical gift under section 2108.05 of	69302
the Revised Code, whether the applicant wishes to certify	69303
willingness to make such an anatomical gift ~~under section 2108.05~~	69304
~~of the Revised Code~~, which shall be given no consideration in the	69305
issuance of a license or endorsement;	69306

(f) Whether the applicant has executed a valid durable power	69307
of attorney for health care pursuant to sections 1337.11 to	69308
1337.17 of the Revised Code or has executed a declaration	69309
governing the use or continuation, or the withholding or	69310
withdrawal, of life-sustaining treatment pursuant to sections	69311
2133.01 to 2133.15 of the Revised Code and, if the applicant has	69312
executed either type of instrument, whether the applicant wishes	69313
the applicant's license to indicate that the applicant has	69314
executed the instrument;	69315

(g) On and after October 7, 2009, whether the applicant is a	69316
veteran, active duty, or reservist of the armed forces of the	69317
United States and, if the applicant is such, whether the applicant	69318
wishes the applicant's license to indicate that the applicant is a	69319
veteran, active duty, or reservist of the armed forces of the	69320
United States by a military designation on the license.	69321

(2) Every applicant for a driver's license shall be	69322
photographed in color at the time the application for the license	69323
is made. The application shall state any additional information	69324
that the registrar requires.	69325

(B) The registrar or a deputy registrar, in accordance with	69326
section 3503.11 of the Revised Code, shall register as an elector	69327
any person who applies for a driver's license or motorcycle	69328
operator's license or endorsement under division (A) of this	69329
section, or for a renewal or duplicate of the license or	69330
endorsement, if the applicant is eligible and wishes to be	69331
registered as an elector. The decision of an applicant whether to	69332
register as an elector shall be given no consideration in the	69333
decision of whether to issue the applicant a license or	69334
endorsement, or a renewal or duplicate.	69335

(C) The registrar or a deputy registrar, in accordance with	69336
section 3503.11 of the Revised Code, shall offer the opportunity	69337
of completing a notice of change of residence or change of name to	69338
any applicant for a driver's license or endorsement under division	69339
(A) of this section, or for a renewal or duplicate of the license	69340
or endorsement, if the applicant is a registered elector who has	69341
changed the applicant's residence or name and has not filed such a	69342
notice.	69343

(D) In addition to any other information it contains, on and	69344
after October 7, 2009, the approved form furnished by the	69345
registrar of motor vehicles for an application for a driver's	69346
license or motorcycle operator's license or endorsement or an	69347
application for a duplicate of any such license or endorsement	69348
shall inform applicants that the applicant must present a copy of	69349
the applicant's DD-214 or an equivalent document in order to	69350
qualify to have the license or duplicate indicate that the	69351
applicant is a veteran, active duty, or reservist of the armed	69352
forces of the United States based on a request made pursuant to	69353
division (A)(1)(g) of this section.	69354

Sec. 4507.51. (A)(1) Every application for an identification	69355
card or duplicate shall be made on a form furnished by the	69356
registrar of motor vehicles, shall be signed by the applicant, and	69357
by the applicant's parent or guardian if the applicant is under	69358
eighteen years of age, and shall contain the following information	69359
pertaining to the applicant: name, date of birth, sex, general	69360
description including the applicant's height, weight, hair color,	69361
and eye color, address, and social security number. The	69362
application also shall ~~state~~include, for an applicant who has not	69363
already certified the applicant's willingness to make an	69364
anatomical gift under section 2108.05 of the Revised Code, whether	69365
anthe applicant wishes to certify willingness to make such an	69366
anatomical gift ~~under section 2108.05 of the Revised Code~~ and	69367
shall include information about the requirements of sections	69368
2108.01 to 2108.29 of the Revised Code that apply to persons who	69369
are less than eighteen years of age. The statement regarding	69370
willingness to make such a donation shall be given no	69371
consideration in the decision of whether to issue an	69372
identification card. Each applicant shall be photographed in color	69373
at the time of making application.	69374

(2)(a) The application also shall state whether the applicant	69375
has executed a valid durable power of attorney for health care	69376
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	69377
executed a declaration governing the use or continuation, or the	69378
withholding or withdrawal, of life-sustaining treatment pursuant	69379
to sections 2133.01 to 2133.15 of the Revised Code and, if the	69380
applicant has executed either type of instrument, whether the	69381
applicant wishes the identification card issued to indicate that	69382
the applicant has executed the instrument.	69383

(b) On and after October 7, 2009, the application also shall	69384
state whether the applicant is a veteran, active duty, or	69385
reservist of the armed forces of the United States and, if the	69386
applicant is such, whether the applicant wishes the identification	69387
card issued to indicate that the applicant is a veteran, active	69388
duty, or reservist of the armed forces of the United States by a	69389
military designation on the identification card.	69390

(3) The registrar or deputy registrar, in accordance with	69391
section 3503.11 of the Revised Code, shall register as an elector	69392
any person who applies for an identification card or duplicate if	69393
the applicant is eligible and wishes to be registered as an	69394
elector. The decision of an applicant whether to register as an	69395
elector shall be given no consideration in the decision of whether	69396
to issue the applicant an identification card or duplicate.	69397

(B) The application for an identification card or duplicate	69398
shall be filed in the office of the registrar or deputy registrar.	69399
Each applicant shall present documentary evidence as required by	69400
the registrar of the applicant's age and identity, and the	69401
applicant shall swear that all information given is true. An	69402
identification card issued by the department of rehabilitation and	69403
correction under section 5120.59 of the Revised Code or an	69404
identification card issued by the department of youth services	69405
under section 5139.511 of the Revised Code shall be sufficient	69406
documentary evidence under this division upon verification of the	69407
applicant's social security number by the registrar or a deputy	69408
registrar. Upon issuing an identification card under this section	69409
for a person who has been issued an identification card under	69410
section 5120.59 or section 5139.511 of the Revised Code, the	69411
registrar or deputy registrar shall destroy the identification	69412
card issued under section 5120.59 or section 5139.511 of the	69413
Revised Code.	69414

All applications for an identification card or duplicate	69415
shall be filed in duplicate, and if submitted to a deputy	69416
registrar, a copy shall be forwarded to the registrar. The	69417
registrar shall prescribe rules for the manner in which a deputy	69418
registrar is to file and maintain applications and other records.	69419
The registrar shall maintain a suitable, indexed record of all	69420
applications denied and cards issued or canceled.	69421

(C) In addition to any other information it contains, on and	69422
after the date that is fifteen months after April 7, 2009, the	69423
form furnished by the registrar of motor vehicles for an	69424
application for an identification card or duplicate shall inform	69425
applicants that the applicant must present a copy of the	69426
applicant's DD-214 or an equivalent document in order to qualify	69427
to have the card or duplicate indicate that the applicant is an	69428
honorably discharged veteran of the armed forces of the United	69429
States based on a request made pursuant to division (A)(2)(b) of	69430
this section.	69431

Sec. 4510.038. (A) Any person whose driver's or commercial	69432
driver's license or permit is suspended or who is granted limited	69433
driving privileges under section 4510.037, under division (H) of	69434
section 4511.19, or under section 4510.07 of the Revised Code for	69435
a violation of a municipal ordinance that is substantially	69436
equivalent to division (B) of section 4511.19 of the Revised Code	69437
is not eligible to retain the license, or to have the driving	69438
privileges reinstated, until each of the following has occurred:	69439

(1) The person successfully completes a course of remedial	69440
driving instruction approved by the director of public safety. A	69441
minimum of twenty-five per cent of the number of hours of	69442
instruction included in the course shall be devoted to instruction	69443
on driver attitude.	69444

The course also shall devote a number of hours to instruction	69445
in the area of alcohol and drugs and the operation of vehicles.	69446
The instruction shall include, but not be limited to, a review of	69447
the laws governing the operation of a vehicle while under the	69448
influence of alcohol, drugs, or a combination of them, the dangers	69449
of operating a vehicle while under the influence of alcohol,	69450
drugs, or a combination of them, and other information relating to	69451
the operation of vehicles and the consumption of alcoholic	69452
beverages and use of drugs. The director, in consultation with the	69453
director of ~~alcohol and drug addiction services~~mental health and	69454
addiction services, shall prescribe the content of the	69455
instruction. The number of hours devoted to the area of alcohol	69456
and drugs and the operation of vehicles shall comprise a minimum	69457
of twenty-five per cent of the number of hours of instruction	69458
included in the course.	69459

(2) The person is examined in the manner provided for in	69460
section 4507.20 of the Revised Code, and found by the registrar of	69461
motor vehicles to be qualified to operate a motor vehicle;	69462

(3) The person gives and maintains proof of financial	69463
responsibility, in accordance with section 4509.45 of the Revised	69464
Code.	69465

(B)(1) Except as provided in division (B)(2) of this section,	69466
any course of remedial driving instruction the director of public	69467
safety approves under this section shall require its students to	69468
attend at least fifty per cent of the course in person and the	69469
director shall not approve any course of remedial driving	69470
instruction that permits its students to take more than fifty per	69471
cent of the course in any other manner, including via video	69472
teleconferencing or the internet.	69473

(2) The director may approve a course of remedial instruction	69474
that permits students to take the entire course via video	69475
teleconferencing or the internet.	69476

Sec. 4510.45. (A)(1) A manufacturer of ignition interlock	69477
devices that desires for its devices to be certified under section	69478
4510.43 of the Revised Code and then to be included on the list of	69479
certified devices that the department of public safety compiles	69480
and makes available to courts pursuant to that section first shall	69481
obtain a license from the department under this section. The	69482
department, in accordance with Chapter 119. of the Revised Code,	69483
shall adopt any rules that are necessary to implement this	69484
licensing requirement.	69485

(2) A manufacturer shall apply to the department for the	69486
license and shall include all information the department may	69487
require by rule. Each application, including an application for	69488
license renewal, shall be accompanied by an application fee of one	69489
hundred dollars, which the department shall deposit into the state	69490
treasury to the credit of the indigent drivers alcohol treatment	69491
fund created by section 4511.191 of the Revised Code.	69492

(3) Upon receipt of a completed application, if the	69493
department finds that a manufacturer has complied with all	69494
application requirements, the department shall issue a license to	69495
the manufacturer. A manufacturer that has been issued a license	69496
under this section is eligible immediately to have the models of	69497
ignition interlock devices it produces certified under section	69498
4510.43 of the Revised Code and then included on the list of	69499
certified devices that the department compiles and makes available	69500
to courts pursuant to that section.	69501

(4)(a) A license issued under this section shall expire	69502
annually on a date selected by the department. The department	69503
shall reject the license application of a manufacturer if any of	69504
the following apply:	69505

(i) The application is not accompanied by the application	69506
fee.	69507

(ii) The department finds that the manufacturer has not	69508
complied with all application requirements.	69509

(iii) The license application is a renewal application and	69510
the manufacturer failed to file the annual report or failed to pay	69511
the fee as required by division (B) of this section.	69512

(b) A manufacturer whose license application is rejected by	69513
the department may appeal the decision to the director of public	69514
safety. The director or the director's designee shall hold a	69515
hearing on the matter not more than thirty days from the date of	69516
the manufacturer's appeal. If the director or the director's	69517
designee upholds the denial of the manufacturer's application for	69518
a license, the manufacturer may appeal the decision to the	69519
Franklin county court of common pleas. If the director or the	69520
director's designee reverses the denial of the manufacturer's	69521
application for a license, the director or the director's designee	69522
shall issue a written order directing that the department issue a	69523
license to the manufacturer.	69524

(B) Every manufacturer of ignition interlock devices that is	69525
issued a license under this section shall file an annual report	69526
with the department on a form the department prescribes on or	69527
before a date the department prescribes. The annual report shall	69528
state the amount of net profit the manufacturer earned during a	69529
twelve-month period specified by the department that is	69530
attributable to the sales of that manufacturer's certified	69531
ignition interlock devices to purchasers in this state. Each	69532
manufacturer shall pay a fee equal to five per cent of the amount	69533
of the net profit described in this division.	69534

The department may permit annual reports to be filed via	69535
electronic means.	69536

(C) The department shall deposit all fees it receives from	69537
manufacturers under this section into the state treasury to the	69538
credit of the indigent drivers alcohol treatment fund created by	69539
section 4511.191 of the Revised Code. All money so deposited into	69540
that fund that is paid by the department of ~~alcohol and drug~~	69541
~~addiction services~~mental health and addiction services to county	69542
indigent drivers alcohol treatment funds, county juvenile indigent	69543
drivers alcohol treatment funds, and municipal indigent drivers	69544
alcohol treatment funds shall be used only as described in	69545
division (H)(3) of section 4511.191 of the Revised Code.	69546

(D)(1) The director may make an assessment, based on any	69547
information in the director's possession, against any manufacturer	69548
that fails to file an annual report or pay the fee required by	69549
division (B) of this section. The director, in accordance with	69550
Chapter 119. of the Revised Code, shall adopt rules governing	69551
assessments and assessment procedures and related provisions. In	69552
adopting these rules, the director shall incorporate the	69553
provisions of section 5751.09 of the Revised Code to the greatest	69554
extent possible, except that the director is not required to	69555
incorporate any provisions of that section that by their nature	69556
are not applicable, appropriate, or necessary to assessments made	69557
by the director under this section.	69558

(2) A manufacturer may appeal the final determination of the	69559
director regarding an assessment made by the director under this	69560
section. The director, in accordance with Chapter 119. of the	69561
Revised Code, shall adopt rules governing such appeals. In	69562
adopting these rules, the director shall incorporate the	69563
provisions of section 5717.02 of the Revised Code to the greatest	69564
extent possible, except that the director is not required to	69565
incorporate any provisions of that section that by their nature	69566
are not applicable, appropriate, or necessary to appeals of	69567
assessments made by the director under this section.	69568

(E) The director, in accordance with Chapter 119. of the	69569
Revised Code, shall adopt a penalty schedule setting forth the	69570
monetary penalties to be imposed upon a manufacturer that is	69571
issued a license under this section and fails to file an annual	69572
report or pay the fee required by division (B) of this section in	69573
a timely manner. The penalty amounts shall not exceed the maximum	69574
penalty amounts established in section 5751.06 of the Revised Code	69575
for similar or equivalent facts or circumstances.	69576

(F)(1) No manufacturer of ignition interlock devices that is	69577
required by division (B) of this section to file an annual report	69578
with the department or to pay a fee shall fail to do so as	69579
required by that division.	69580

(2) No manufacturer of ignition interlock devices that is	69581
required by division (B) of this section to file an annual report	69582
with the department shall file a report that contains incorrect or	69583
erroneous information.	69584

(G) Whoever violates division (F)(2) of this section is	69585
guilty of a misdemeanor of the first degree. The department shall	69586
remove from the list of certified devices described in division	69587
(A)(1) of this section the ignition interlock devices manufactured	69588
by a manufacturer that violates division (F)(1) or (2) of this	69589
section.	69590

Sec. 4511.19. (A)(1) No person shall operate any vehicle,	69591
streetcar, or trackless trolley within this state, if, at the time	69592
of the operation, any of the following apply:	69593

(a) The person is under the influence of alcohol, a drug of	69594
abuse, or a combination of them.	69595

(b) The person has a concentration of eight-hundredths of one	69596
per cent or more but less than seventeen-hundredths of one per	69597
cent by weight per unit volume of alcohol in the person's whole	69598
blood.	69599

(c) The person has a concentration of ninety-six-thousandths	69600
of one per cent or more but less than two hundred four-thousandths	69601
of one per cent by weight per unit volume of alcohol in the	69602
person's blood serum or plasma.	69603

(d) The person has a concentration of eight-hundredths of one	69604
gram or more but less than seventeen-hundredths of one gram by	69605
weight of alcohol per two hundred ten liters of the person's	69606
breath.	69607

(e) The person has a concentration of eleven-hundredths of	69608
one gram or more but less than two hundred	69609
thirty-eight-thousandths of one gram by weight of alcohol per one	69610
hundred milliliters of the person's urine.	69611

(f) The person has a concentration of seventeen-hundredths of	69612
one per cent or more by weight per unit volume of alcohol in the	69613
person's whole blood.	69614

(g) The person has a concentration of two hundred	69615
four-thousandths of one per cent or more by weight per unit volume	69616
of alcohol in the person's blood serum or plasma.	69617

(h) The person has a concentration of seventeen-hundredths of	69618
one gram or more by weight of alcohol per two hundred ten liters	69619
of the person's breath.	69620

(i) The person has a concentration of two hundred	69621
thirty-eight-thousandths of one gram or more by weight of alcohol	69622
per one hundred milliliters of the person's urine.	69623

(j) Except as provided in division (K) of this section, the	69624
person has a concentration of any of the following controlled	69625
substances or metabolites of a controlled substance in the	69626
person's whole blood, blood serum or plasma, or urine that equals	69627
or exceeds any of the following:	69628

(i) The person has a concentration of amphetamine in the	69629
person's urine of at least five hundred nanograms of amphetamine	69630
per milliliter of the person's urine or has a concentration of	69631
amphetamine in the person's whole blood or blood serum or plasma	69632
of at least one hundred nanograms of amphetamine per milliliter of	69633
the person's whole blood or blood serum or plasma.	69634

(ii) The person has a concentration of cocaine in the	69635
person's urine of at least one hundred fifty nanograms of cocaine	69636
per milliliter of the person's urine or has a concentration of	69637
cocaine in the person's whole blood or blood serum or plasma of at	69638
least fifty nanograms of cocaine per milliliter of the person's	69639
whole blood or blood serum or plasma.	69640

(iii) The person has a concentration of cocaine metabolite in	69641
the person's urine of at least one hundred fifty nanograms of	69642
cocaine metabolite per milliliter of the person's urine or has a	69643
concentration of cocaine metabolite in the person's whole blood or	69644
blood serum or plasma of at least fifty nanograms of cocaine	69645
metabolite per milliliter of the person's whole blood or blood	69646
serum or plasma.	69647

(iv) The person has a concentration of heroin in the person's	69648
urine of at least two thousand nanograms of heroin per milliliter	69649
of the person's urine or has a concentration of heroin in the	69650
person's whole blood or blood serum or plasma of at least fifty	69651
nanograms of heroin per milliliter of the person's whole blood or	69652
blood serum or plasma.	69653

(v) The person has a concentration of heroin metabolite	69654
(6-monoacetyl morphine) in the person's urine of at least ten	69655
nanograms of heroin metabolite (6-monoacetyl morphine) per	69656
milliliter of the person's urine or has a concentration of heroin	69657
metabolite (6-monoacetyl morphine) in the person's whole blood or	69658
blood serum or plasma of at least ten nanograms of heroin	69659
metabolite (6-monoacetyl morphine) per milliliter of the person's	69660
whole blood or blood serum or plasma.	69661

(vi) The person has a concentration of L.S.D. in the person's	69662
urine of at least twenty-five nanograms of L.S.D. per milliliter	69663
of the person's urine or a concentration of L.S.D. in the person's	69664
whole blood or blood serum or plasma of at least ten nanograms of	69665
L.S.D. per milliliter of the person's whole blood or blood serum	69666
or plasma.	69667

(vii) The person has a concentration of marihuana in the	69668
person's urine of at least ten nanograms of marihuana per	69669
milliliter of the person's urine or has a concentration of	69670
marihuana in the person's whole blood or blood serum or plasma of	69671
at least two nanograms of marihuana per milliliter of the person's	69672
whole blood or blood serum or plasma.	69673

(viii) Either of the following applies:

69674

(I) The person is under the influence of alcohol, a drug of	69675
abuse, or a combination of them, and, as measured by gas	69676
chromatography mass spectrometry, the person has a concentration	69677
of marihuana metabolite in the person's urine of at least fifteen	69678
nanograms of marihuana metabolite per milliliter of the person's	69679
urine or has a concentration of marihuana metabolite in the	69680
person's whole blood or blood serum or plasma of at least five	69681
nanograms of marihuana metabolite per milliliter of the person's	69682
whole blood or blood serum or plasma.	69683

(II) As measured by gas chromatography mass spectrometry, the	69684
person has a concentration of marihuana metabolite in the person's	69685
urine of at least thirty-five nanograms of marihuana metabolite	69686
per milliliter of the person's urine or has a concentration of	69687
marihuana metabolite in the person's whole blood or blood serum or	69688
plasma of at least fifty nanograms of marihuana metabolite per	69689
milliliter of the person's whole blood or blood serum or plasma.	69690

(ix) The person has a concentration of methamphetamine in the	69691
person's urine of at least five hundred nanograms of	69692
methamphetamine per milliliter of the person's urine or has a	69693
concentration of methamphetamine in the person's whole blood or	69694
blood serum or plasma of at least one hundred nanograms of	69695
methamphetamine per milliliter of the person's whole blood or	69696
blood serum or plasma.	69697

(x) The person has a concentration of phencyclidine in the	69698
person's urine of at least twenty-five nanograms of phencyclidine	69699
per milliliter of the person's urine or has a concentration of	69700
phencyclidine in the person's whole blood or blood serum or plasma	69701
of at least ten nanograms of phencyclidine per milliliter of the	69702
person's whole blood or blood serum or plasma.	69703

(xi) The state board of pharmacy has adopted a rule pursuant	69704
to section 4729.041 of the Revised Code that specifies the amount	69705
of salvia divinorum and the amount of salvinorin A that constitute	69706
concentrations of salvia divinorum and salvinorin A in a person's	69707
urine, in a person's whole blood, or in a person's blood serum or	69708
plasma at or above which the person is impaired for purposes of	69709
operating any vehicle, streetcar, or trackless trolley within this	69710
state, the rule is in effect, and the person has a concentration	69711
of salvia divinorum or salvinorin A of at least that amount so	69712
specified by rule in the person's urine, in the person's whole	69713
blood, or in the person's blood serum or plasma.	69714

(2) No person who, within twenty years of the conduct	69715
described in division (A)(2)(a) of this section, previously has	69716
been convicted of or pleaded guilty to a violation of this	69717
division, a violation of division (A)(1) or (B) of this section,	69718
or any other equivalent offense shall do both of the following:	69719

(a) Operate any vehicle, streetcar, or trackless trolley	69720
within this state while under the influence of alcohol, a drug of	69721
abuse, or a combination of them;	69722

(b) Subsequent to being arrested for operating the vehicle,	69723
streetcar, or trackless trolley as described in division (A)(2)(a)	69724
of this section, being asked by a law enforcement officer to	69725
submit to a chemical test or tests under section 4511.191 of the	69726
Revised Code, and being advised by the officer in accordance with	69727
section 4511.192 of the Revised Code of the consequences of the	69728
person's refusal or submission to the test or tests, refuse to	69729
submit to the test or tests.	69730

(B) No person under twenty-one years of age shall operate any	69731
vehicle, streetcar, or trackless trolley within this state, if, at	69732
the time of the operation, any of the following apply:	69733

(1) The person has a concentration of at least two-hundredths	69734
of one per cent but less than eight-hundredths of one per cent by	69735
weight per unit volume of alcohol in the person's whole blood.	69736

(2) The person has a concentration of at least	69737
three-hundredths of one per cent but less than	69738
ninety-six-thousandths of one per cent by weight per unit volume	69739
of alcohol in the person's blood serum or plasma.	69740

(3) The person has a concentration of at least two-hundredths	69741
of one gram but less than eight-hundredths of one gram by weight	69742
of alcohol per two hundred ten liters of the person's breath.	69743

(4) The person has a concentration of at least twenty-eight	69744
one-thousandths of one gram but less than eleven-hundredths of one	69745
gram by weight of alcohol per one hundred milliliters of the	69746
person's urine.	69747

(C) In any proceeding arising out of one incident, a person	69748
may be charged with a violation of division (A)(1)(a) or (A)(2)	69749
and a violation of division (B)(1), (2), or (3) of this section,	69750
but the person may not be convicted of more than one violation of	69751
these divisions.	69752

(D)(1)(a) In any criminal prosecution or juvenile court	69753
proceeding for a violation of division (A)(1)(a) of this section	69754
or for an equivalent offense that is vehicle-related, the result	69755
of any test of any blood or urine withdrawn and analyzed at any	69756
health care provider, as defined in section 2317.02 of the Revised	69757
Code, may be admitted with expert testimony to be considered with	69758
any other relevant and competent evidence in determining the guilt	69759
or innocence of the defendant.	69760

(b) In any criminal prosecution or juvenile court proceeding	69761
for a violation of division (A) or (B) of this section or for an	69762
equivalent offense that is vehicle-related, the court may admit	69763
evidence on the concentration of alcohol, drugs of abuse,	69764
controlled substances, metabolites of a controlled substance, or a	69765
combination of them in the defendant's whole blood, blood serum or	69766
plasma, breath, urine, or other bodily substance at the time of	69767
the alleged violation as shown by chemical analysis of the	69768
substance withdrawn within three hours of the time of the alleged	69769
violation. The three-hour time limit specified in this division	69770
regarding the admission of evidence does not extend or affect the	69771
two-hour time limit specified in division (A) of section 4511.192	69772
of the Revised Code as the maximum period of time during which a	69773
person may consent to a chemical test or tests as described in	69774
that section. The court may admit evidence on the concentration of	69775
alcohol, drugs of abuse, or a combination of them as described in	69776
this division when a person submits to a blood, breath, urine, or	69777
other bodily substance test at the request of a law enforcement	69778
officer under section 4511.191 of the Revised Code or a blood or	69779
urine sample is obtained pursuant to a search warrant. Only a	69780
physician, a registered nurse, an emergency medical	69781
technician-intermediate, an emergency medical	69782
technician-paramedic, or a qualified technician, chemist, or	69783
phlebotomist shall withdraw a blood sample for the purpose of	69784
determining the alcohol, drug, controlled substance, metabolite of	69785
a controlled substance, or combination content of the whole blood,	69786
blood serum, or blood plasma. This limitation does not apply to	69787
the taking of breath or urine specimens. A person authorized to	69788
withdraw blood under this division may refuse to withdraw blood	69789
under this division, if in that person's opinion, the physical	69790
welfare of the person would be endangered by the withdrawing of	69791
blood.	69792

The bodily substance withdrawn under division (D)(1)(b) of	69793
this section shall be analyzed in accordance with methods approved	69794
by the director of health by an individual possessing a valid	69795
permit issued by the director pursuant to section 3701.143 of the	69796
Revised Code.	69797

(c) As used in division (D)(1)(b) of this section, "emergency	69798
medical technician-intermediate" and "emergency medical	69799
technician-paramedic" have the same meanings as in section 4765.01	69800
of the Revised Code.	69801

(2) In a criminal prosecution or juvenile court proceeding	69802
for a violation of division (A) of this section or for an	69803
equivalent offense that is vehicle-related, if there was at the	69804
time the bodily substance was withdrawn a concentration of less	69805
than the applicable concentration of alcohol specified in	69806
divisions (A)(1)(b), (c), (d), and (e) of this section or less	69807
than the applicable concentration of a listed controlled substance	69808
or a listed metabolite of a controlled substance specified for a	69809
violation of division (A)(1)(j) of this section, that fact may be	69810
considered with other competent evidence in determining the guilt	69811
or innocence of the defendant. This division does not limit or	69812
affect a criminal prosecution or juvenile court proceeding for a	69813
violation of division (B) of this section or for an equivalent	69814
offense that is substantially equivalent to that division.	69815

(3) Upon the request of the person who was tested, the	69816
results of the chemical test shall be made available to the person	69817
or the person's attorney, immediately upon the completion of the	69818
chemical test analysis.	69819

If the chemical test was obtained pursuant to division	69820
(D)(1)(b) of this section, the person tested may have a physician,	69821
a registered nurse, or a qualified technician, chemist, or	69822
phlebotomist of the person's own choosing administer a chemical	69823
test or tests, at the person's expense, in addition to any	69824
administered at the request of a law enforcement officer. If the	69825
person was under arrest as described in division (A)(5) of section	69826
4511.191 of the Revised Code, the arresting officer shall advise	69827
the person at the time of the arrest that the person may have an	69828
independent chemical test taken at the person's own expense. If	69829
the person was under arrest other than described in division	69830
(A)(5) of section 4511.191 of the Revised Code, the form to be	69831
read to the person to be tested, as required under section	69832
4511.192 of the Revised Code, shall state that the person may have	69833
an independent test performed at the person's expense. The failure	69834
or inability to obtain an additional chemical test by a person	69835
shall not preclude the admission of evidence relating to the	69836
chemical test or tests taken at the request of a law enforcement	69837
officer.	69838

(4)(a) As used in divisions (D)(4)(b) and (c) of this	69839
section, "national highway traffic safety administration" means	69840
the national highway traffic safety administration established as	69841
an administration of the United States department of	69842
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	69843

(b) In any criminal prosecution or juvenile court proceeding	69844
for a violation of division (A) or (B) of this section, of a	69845
municipal ordinance relating to operating a vehicle while under	69846
the influence of alcohol, a drug of abuse, or alcohol and a drug	69847
of abuse, or of a municipal ordinance relating to operating a	69848
vehicle with a prohibited concentration of alcohol, a controlled	69849
substance, or a metabolite of a controlled substance in the whole	69850
blood, blood serum or plasma, breath, or urine, if a law	69851
enforcement officer has administered a field sobriety test to the	69852
operator of the vehicle involved in the violation and if it is	69853
shown by clear and convincing evidence that the officer	69854
administered the test in substantial compliance with the testing	69855
standards for any reliable, credible, and generally accepted field	69856
sobriety tests that were in effect at the time the tests were	69857
administered, including, but not limited to, any testing standards	69858
then in effect that were set by the national highway traffic	69859
safety administration, all of the following apply:	69860

(i) The officer may testify concerning the results of the	69861
field sobriety test so administered.	69862

(ii) The prosecution may introduce the results of the field	69863
sobriety test so administered as evidence in any proceedings in	69864
the criminal prosecution or juvenile court proceeding.	69865

(iii) If testimony is presented or evidence is introduced	69866
under division (D)(4)(b)(i) or (ii) of this section and if the	69867
testimony or evidence is admissible under the Rules of Evidence,	69868
the court shall admit the testimony or evidence and the trier of	69869
fact shall give it whatever weight the trier of fact considers to	69870
be appropriate.	69871

(c) Division (D)(4)(b) of this section does not limit or	69872
preclude a court, in its determination of whether the arrest of a	69873
person was supported by probable cause or its determination of any	69874
other matter in a criminal prosecution or juvenile court	69875
proceeding of a type described in that division, from considering	69876
evidence or testimony that is not otherwise disallowed by division	69877
(D)(4)(b) of this section.	69878

(E)(1) Subject to division (E)(3) of this section, in any	69879
criminal prosecution or juvenile court proceeding for a violation	69880
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	69881
or (B)(1), (2), (3), or (4) of this section or for an equivalent	69882
offense that is substantially equivalent to any of those	69883
divisions, a laboratory report from any laboratory personnel	69884
issued a permit by the department of health authorizing an	69885
analysis as described in this division that contains an analysis	69886
of the whole blood, blood serum or plasma, breath, urine, or other	69887
bodily substance tested and that contains all of the information	69888
specified in this division shall be admitted as prima-facie	69889
evidence of the information and statements that the report	69890
contains. The laboratory report shall contain all of the	69891
following:	69892

(a) The signature, under oath, of any person who performed	69893
the analysis;	69894

(b) Any findings as to the identity and quantity of alcohol,	69895
a drug of abuse, a controlled substance, a metabolite of a	69896
controlled substance, or a combination of them that was found;	69897

(c) A copy of a notarized statement by the laboratory	69898
director or a designee of the director that contains the name of	69899
each certified analyst or test performer involved with the report,	69900
the analyst's or test performer's employment relationship with the	69901
laboratory that issued the report, and a notation that performing	69902
an analysis of the type involved is part of the analyst's or test	69903
performer's regular duties;	69904

(d) An outline of the analyst's or test performer's	69905
education, training, and experience in performing the type of	69906
analysis involved and a certification that the laboratory	69907
satisfies appropriate quality control standards in general and, in	69908
this particular analysis, under rules of the department of health.	69909

(2) Notwithstanding any other provision of law regarding the	69910
admission of evidence, a report of the type described in division	69911
(E)(1) of this section is not admissible against the defendant to	69912
whom it pertains in any proceeding, other than a preliminary	69913
hearing or a grand jury proceeding, unless the prosecutor has	69914
served a copy of the report on the defendant's attorney or, if the	69915
defendant has no attorney, on the defendant.	69916

(3) A report of the type described in division (E)(1) of this	69917
section shall not be prima-facie evidence of the contents,	69918
identity, or amount of any substance if, within seven days after	69919
the defendant to whom the report pertains or the defendant's	69920
attorney receives a copy of the report, the defendant or the	69921
defendant's attorney demands the testimony of the person who	69922
signed the report. The judge in the case may extend the seven-day	69923
time limit in the interest of justice.	69924

(F) Except as otherwise provided in this division, any	69925
physician, registered nurse, emergency medical	69926
technician-intermediate, emergency medical technician-paramedic,	69927
or qualified technician, chemist, or phlebotomist who withdraws	69928
blood from a person pursuant to this section or section 4511.191	69929
or 4511.192 of the Revised Code, and any hospital, first-aid	69930
station, or clinic at which blood is withdrawn from a person	69931
pursuant to this section or section 4511.191 or 4511.192 of the	69932
Revised Code, is immune from criminal liability and civil	69933
liability based upon a claim of assault and battery or any other	69934
claim that is not a claim of malpractice, for any act performed in	69935
withdrawing blood from the person. The immunity provided in this	69936
division also extends to an emergency medical service organization	69937
that employs an emergency medical technician-intermediate or	69938
emergency medical technician-paramedic who withdraws blood under	69939
this section. The immunity provided in this division is not	69940
available to a person who withdraws blood if the person engages in	69941
willful or wanton misconduct.	69942

As used in this division, "emergency medical	69943
technician-intermediate" and "emergency medical	69944
technician-paramedic" have the same meanings as in section 4765.01	69945
of the Revised Code.	69946

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	69947
to (i) or (A)(2) of this section is guilty of operating a vehicle	69948
under the influence of alcohol, a drug of abuse, or a combination	69949
of them. Whoever violates division (A)(1)(j) of this section is	69950
guilty of operating a vehicle while under the influence of a	69951
listed controlled substance or a listed metabolite of a controlled	69952
substance. The court shall sentence the offender for either	69953
offense under Chapter 2929. of the Revised Code, except as	69954
otherwise authorized or required by divisions (G)(1)(a) to (e) of	69955
this section:	69956

(a) Except as otherwise provided in division (G)(1)(b), (c),	69957
(d), or (e) of this section, the offender is guilty of a	69958
misdemeanor of the first degree, and the court shall sentence the	69959
offender to all of the following:	69960

(i) If the sentence is being imposed for a violation of	69961
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	69962
mandatory jail term of three consecutive days. As used in this	69963
division, three consecutive days means seventy-two consecutive	69964
hours. The court may sentence an offender to both an intervention	69965
program and a jail term. The court may impose a jail term in	69966
addition to the three-day mandatory jail term or intervention	69967
program. However, in no case shall the cumulative jail term	69968
imposed for the offense exceed six months.	69969

The court may suspend the execution of the three-day jail	69970
term under this division if the court, in lieu of that suspended	69971
term, places the offender under a community control sanction	69972
pursuant to section 2929.25 of the Revised Code and requires the	69973
offender to attend, for three consecutive days, a drivers'	69974
intervention program certified under section ~~3793.10~~5119.38 of	69975
the Revised Code. The court also may suspend the execution of any	69976
part of the three-day jail term under this division if it places	69977
the offender under a community control sanction pursuant to	69978
section 2929.25 of the Revised Code for part of the three days,	69979
requires the offender to attend for the suspended part of the term	69980
a drivers' intervention program so certified, and sentences the	69981
offender to a jail term equal to the remainder of the three	69982
consecutive days that the offender does not spend attending the	69983
program. The court may require the offender, as a condition of	69984
community control and in addition to the required attendance at a	69985
drivers' intervention program, to attend and satisfactorily	69986
complete any treatment or education programs that comply with the	69987
minimum standards adopted pursuant to Chapter ~~3793.~~5119. of the	69988
Revised Code by the director of ~~alcohol and drug addiction~~	69989
~~services~~mental health and addiction services that the operators	69990
of the drivers' intervention program determine that the offender	69991
should attend and to report periodically to the court on the	69992
offender's progress in the programs. The court also may impose on	69993
the offender any other conditions of community control that it	69994
considers necessary.	69995

(ii) If the sentence is being imposed for a violation of	69996
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	69997
section, except as otherwise provided in this division, a	69998
mandatory jail term of at least three consecutive days and a	69999
requirement that the offender attend, for three consecutive days,	70000
a drivers' intervention program that is certified pursuant to	70001
section ~~3793.10~~5119.38 of the Revised Code. As used in this	70002
division, three consecutive days means seventy-two consecutive	70003
hours. If the court determines that the offender is not conducive	70004
to treatment in a drivers' intervention program, if the offender	70005
refuses to attend a drivers' intervention program, or if the jail	70006
at which the offender is to serve the jail term imposed can	70007
provide a driver's intervention program, the court shall sentence	70008
the offender to a mandatory jail term of at least six consecutive	70009
days.	70010

The court may require the offender, under a community control	70011
sanction imposed under section 2929.25 of the Revised Code, to	70012
attend and satisfactorily complete any treatment or education	70013
programs that comply with the minimum standards adopted pursuant	70014
to Chapter ~~3793.~~5119. of the Revised Code by the director of	70015
~~alcohol and drug addiction services~~mental health and addiction	70016
services, in addition to the required attendance at drivers'	70017
intervention program, that the operators of the drivers'	70018
intervention program determine that the offender should attend and	70019
to report periodically to the court on the offender's progress in	70020
the programs. The court also may impose any other conditions of	70021
community control on the offender that it considers necessary.	70022

(iii) In all cases, a fine of not less than three hundred	70023
seventy-five and not more than one thousand seventy-five dollars;	70024

(iv) In all cases, a class five license suspension of the	70025
offender's driver's or commercial driver's license or permit or	70026
nonresident operating privilege from the range specified in	70027
division (A)(5) of section 4510.02 of the Revised Code. The court	70028
may grant limited driving privileges relative to the suspension	70029
under sections 4510.021 and 4510.13 of the Revised Code.	70030

(b) Except as otherwise provided in division (G)(1)(e) of	70031
this section, an offender who, within six years of the offense,	70032
previously has been convicted of or pleaded guilty to one	70033
violation of division (A) or (B) of this section or one other	70034
equivalent offense is guilty of a misdemeanor of the first degree.	70035
The court shall sentence the offender to all of the following:	70036

(i) If the sentence is being imposed for a violation of	70037
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	70038
mandatory jail term of ten consecutive days. The court shall	70039
impose the ten-day mandatory jail term under this division unless,	70040
subject to division (G)(3) of this section, it instead imposes a	70041
sentence under that division consisting of both a jail term and a	70042
term of house arrest with electronic monitoring, with continuous	70043
alcohol monitoring, or with both electronic monitoring and	70044
continuous alcohol monitoring. The court may impose a jail term in	70045
addition to the ten-day mandatory jail term. The cumulative jail	70046
term imposed for the offense shall not exceed six months.	70047

In addition to the jail term or the term of house arrest with	70048
electronic monitoring or continuous alcohol monitoring or both	70049
types of monitoring and jail term, the court shall require the	70050
offender to be assessed by ~~an alcohol and drug treatment program~~a	70051
community addiction services provider that is authorized by	70052
section ~~3793.02~~5119.21 of the Revised Code, subject to division	70053
(I) of this section, and shall order the offender to follow the	70054
treatment recommendations of the ~~program~~services provider. The	70055
purpose of the assessment is to determine the degree of the	70056
offender's alcohol usage and to determine whether or not treatment	70057
is warranted. Upon the request of the court, the ~~program~~services	70058
provider shall submit the results of the assessment to the court,	70059
including all treatment recommendations and clinical diagnoses	70060
related to alcohol use.	70061

(ii) If the sentence is being imposed for a violation of	70062
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	70063
section, except as otherwise provided in this division, a	70064
mandatory jail term of twenty consecutive days. The court shall	70065
impose the twenty-day mandatory jail term under this division	70066
unless, subject to division (G)(3) of this section, it instead	70067
imposes a sentence under that division consisting of both a jail	70068
term and a term of house arrest with electronic monitoring, with	70069
continuous alcohol monitoring, or with both electronic monitoring	70070
and continuous alcohol monitoring. The court may impose a jail	70071
term in addition to the twenty-day mandatory jail term. The	70072
cumulative jail term imposed for the offense shall not exceed six	70073
months.	70074

In addition to the jail term or the term of house arrest with	70075
electronic monitoring or continuous alcohol monitoring or both	70076
types of monitoring and jail term, the court shall require the	70077
offender to be assessed by ~~an alcohol and drug treatment program~~a	70078
community addiction service provider that is authorized by section	70079
~~3793.02~~5119.21 of the Revised Code, subject to division (I) of	70080
this section, and shall order the offender to follow the treatment	70081
recommendations of the ~~program~~services provider. The purpose of	70082
the assessment is to determine the degree of the offender's	70083
alcohol usage and to determine whether or not treatment is	70084
warranted. Upon the request of the court, the ~~program~~services	70085
provider shall submit the results of the assessment to the court,	70086
including all treatment recommendations and clinical diagnoses	70087
related to alcohol use.	70088

(iii) In all cases, notwithstanding the fines set forth in	70089
Chapter 2929. of the Revised Code, a fine of not less than five	70090
hundred twenty-five and not more than one thousand six hundred	70091
twenty-five dollars;	70092

(iv) In all cases, a class four license suspension of the	70093
offender's driver's license, commercial driver's license,	70094
temporary instruction permit, probationary license, or nonresident	70095
operating privilege from the range specified in division (A)(4) of	70096
section 4510.02 of the Revised Code. The court may grant limited	70097
driving privileges relative to the suspension under sections	70098
4510.021 and 4510.13 of the Revised Code.	70099

(v) In all cases, if the vehicle is registered in the	70100
offender's name, immobilization of the vehicle involved in the	70101
offense for ninety days in accordance with section 4503.233 of the	70102
Revised Code and impoundment of the license plates of that vehicle	70103
for ninety days.	70104

(c) Except as otherwise provided in division (G)(1)(e) of	70105
this section, an offender who, within six years of the offense,	70106
previously has been convicted of or pleaded guilty to two	70107
violations of division (A) or (B) of this section or other	70108
equivalent offenses is guilty of a misdemeanor. The court shall	70109
sentence the offender to all of the following:	70110

(i) If the sentence is being imposed for a violation of	70111
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	70112
mandatory jail term of thirty consecutive days. The court shall	70113
impose the thirty-day mandatory jail term under this division	70114
unless, subject to division (G)(3) of this section, it instead	70115
imposes a sentence under that division consisting of both a jail	70116
term and a term of house arrest with electronic monitoring, with	70117
continuous alcohol monitoring, or with both electronic monitoring	70118
and continuous alcohol monitoring. The court may impose a jail	70119
term in addition to the thirty-day mandatory jail term.	70120
Notwithstanding the jail terms set forth in sections 2929.21 to	70121
2929.28 of the Revised Code, the additional jail term shall not	70122
exceed one year, and the cumulative jail term imposed for the	70123
offense shall not exceed one year.	70124

(ii) If the sentence is being imposed for a violation of	70125
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	70126
section, a mandatory jail term of sixty consecutive days. The	70127
court shall impose the sixty-day mandatory jail term under this	70128
division unless, subject to division (G)(3) of this section, it	70129
instead imposes a sentence under that division consisting of both	70130
a jail term and a term of house arrest with electronic monitoring,	70131
with continuous alcohol monitoring, or with both electronic	70132
monitoring and continuous alcohol monitoring. The court may impose	70133
a jail term in addition to the sixty-day mandatory jail term.	70134
Notwithstanding the jail terms set forth in sections 2929.21 to	70135
2929.28 of the Revised Code, the additional jail term shall not	70136
exceed one year, and the cumulative jail term imposed for the	70137
offense shall not exceed one year.	70138

(iii) In all cases, notwithstanding the fines set forth in	70139
Chapter 2929. of the Revised Code, a fine of not less than eight	70140
hundred fifty and not more than two thousand seven hundred fifty	70141
dollars;	70142

(iv) In all cases, a class three license suspension of the	70143
offender's driver's license, commercial driver's license,	70144
temporary instruction permit, probationary license, or nonresident	70145
operating privilege from the range specified in division (A)(3) of	70146
section 4510.02 of the Revised Code. The court may grant limited	70147
driving privileges relative to the suspension under sections	70148
4510.021 and 4510.13 of the Revised Code.	70149

(v) In all cases, if the vehicle is registered in the	70150
offender's name, criminal forfeiture of the vehicle involved in	70151
the offense in accordance with section 4503.234 of the Revised	70152
Code. Division (G)(6) of this section applies regarding any	70153
vehicle that is subject to an order of criminal forfeiture under	70154
this division.	70155

(vi) In all cases, the court shall order the offender to	70156
participate ~~in an alcohol and drug~~with a community addiction	70157
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	70158
the Revised Code, subject to division (I) of this section, and	70159
shall order the offender to follow the treatment recommendations	70160
of the ~~program~~services provider. The operator of the ~~program~~	70161
services provider shall determine and assess the degree of the	70162
offender's alcohol dependency and shall make recommendations for	70163
treatment. Upon the request of the court, the ~~program~~services	70164
provider shall submit the results of the assessment to the court,	70165
including all treatment recommendations and clinical diagnoses	70166
related to alcohol use.	70167

(d) Except as otherwise provided in division (G)(1)(e) of	70168
this section, an offender who, within six years of the offense,	70169
previously has been convicted of or pleaded guilty to three or	70170
four violations of division (A) or (B) of this section or other	70171
equivalent offenses or an offender who, within twenty years of the	70172
offense, previously has been convicted of or pleaded guilty to	70173
five or more violations of that nature is guilty of a felony of	70174
the fourth degree. The court shall sentence the offender to all of	70175
the following:	70176

(i) If the sentence is being imposed for a violation of	70177
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	70178
mandatory prison term of one, two, three, four, or five years as	70179
required by and in accordance with division (G)(2) of section	70180
2929.13 of the Revised Code if the offender also is convicted of	70181
or also pleads guilty to a specification of the type described in	70182
section 2941.1413 of the Revised Code or, in the discretion of the	70183
court, either a mandatory term of local incarceration of sixty	70184
consecutive days in accordance with division (G)(1) of section	70185
2929.13 of the Revised Code or a mandatory prison term of sixty	70186
consecutive days in accordance with division (G)(2) of that	70187
section if the offender is not convicted of and does not plead	70188
guilty to a specification of that type. If the court imposes a	70189
mandatory term of local incarceration, it may impose a jail term	70190
in addition to the sixty-day mandatory term, the cumulative total	70191
of the mandatory term and the jail term for the offense shall not	70192
exceed one year, and, except as provided in division (A)(1) of	70193
section 2929.13 of the Revised Code, no prison term is authorized	70194
for the offense. If the court imposes a mandatory prison term,	70195
notwithstanding division (A)(4) of section 2929.14 of the Revised	70196
Code, it also may sentence the offender to a definite prison term	70197
that shall be not less than six months and not more than thirty	70198
months and the prison terms shall be imposed as described in	70199
division (G)(2) of section 2929.13 of the Revised Code. If the	70200
court imposes a mandatory prison term or mandatory prison term and	70201
additional prison term, in addition to the term or terms so	70202
imposed, the court also may sentence the offender to a community	70203
control sanction for the offense, but the offender shall serve all	70204
of the prison terms so imposed prior to serving the community	70205
control sanction.	70206

(ii) If the sentence is being imposed for a violation of	70207
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	70208
section, a mandatory prison term of one, two, three, four, or five	70209
years as required by and in accordance with division (G)(2) of	70210
section 2929.13 of the Revised Code if the offender also is	70211
convicted of or also pleads guilty to a specification of the type	70212
described in section 2941.1413 of the Revised Code or, in the	70213
discretion of the court, either a mandatory term of local	70214
incarceration of one hundred twenty consecutive days in accordance	70215
with division (G)(1) of section 2929.13 of the Revised Code or a	70216
mandatory prison term of one hundred twenty consecutive days in	70217
accordance with division (G)(2) of that section if the offender is	70218
not convicted of and does not plead guilty to a specification of	70219
that type. If the court imposes a mandatory term of local	70220
incarceration, it may impose a jail term in addition to the one	70221
hundred twenty-day mandatory term, the cumulative total of the	70222
mandatory term and the jail term for the offense shall not exceed	70223
one year, and, except as provided in division (A)(1) of section	70224
2929.13 of the Revised Code, no prison term is authorized for the	70225
offense. If the court imposes a mandatory prison term,	70226
notwithstanding division (A)(4) of section 2929.14 of the Revised	70227
Code, it also may sentence the offender to a definite prison term	70228
that shall be not less than six months and not more than thirty	70229
months and the prison terms shall be imposed as described in	70230
division (G)(2) of section 2929.13 of the Revised Code. If the	70231
court imposes a mandatory prison term or mandatory prison term and	70232
additional prison term, in addition to the term or terms so	70233
imposed, the court also may sentence the offender to a community	70234
control sanction for the offense, but the offender shall serve all	70235
of the prison terms so imposed prior to serving the community	70236
control sanction.	70237

(iii) In all cases, notwithstanding section 2929.18 of the	70238
Revised Code, a fine of not less than one thousand three hundred	70239
fifty nor more than ten thousand five hundred dollars;	70240

(iv) In all cases, a class two license suspension of the	70241
offender's driver's license, commercial driver's license,	70242
temporary instruction permit, probationary license, or nonresident	70243
operating privilege from the range specified in division (A)(2) of	70244
section 4510.02 of the Revised Code. The court may grant limited	70245
driving privileges relative to the suspension under sections	70246
4510.021 and 4510.13 of the Revised Code.	70247

(v) In all cases, if the vehicle is registered in the	70248
offender's name, criminal forfeiture of the vehicle involved in	70249
the offense in accordance with section 4503.234 of the Revised	70250
Code. Division (G)(6) of this section applies regarding any	70251
vehicle that is subject to an order of criminal forfeiture under	70252
this division.	70253

(vi) In all cases, the court shall order the offender to	70254
participate ~~in an alcohol and drug~~with a community addiction	70255
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	70256
the Revised Code, subject to division (I) of this section, and	70257
shall order the offender to follow the treatment recommendations	70258
of the ~~program~~services provider. The operator of the ~~program~~	70259
services provider shall determine and assess the degree of the	70260
offender's alcohol dependency and shall make recommendations for	70261
treatment. Upon the request of the court, the ~~program~~services	70262
provider shall submit the results of the assessment to the court,	70263
including all treatment recommendations and clinical diagnoses	70264
related to alcohol use.	70265

(vii) In all cases, if the court sentences the offender to a	70266
mandatory term of local incarceration, in addition to the	70267
mandatory term, the court, pursuant to section 2929.17 of the	70268
Revised Code, may impose a term of house arrest with electronic	70269
monitoring. The term shall not commence until after the offender	70270
has served the mandatory term of local incarceration.	70271

(e) An offender who previously has been convicted of or	70272
pleaded guilty to a violation of division (A) of this section that	70273
was a felony, regardless of when the violation and the conviction	70274
or guilty plea occurred, is guilty of a felony of the third	70275
degree. The court shall sentence the offender to all of the	70276
following:	70277

(i) If the offender is being sentenced for a violation of	70278
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	70279
mandatory prison term of one, two, three, four, or five years as	70280
required by and in accordance with division (G)(2) of section	70281
2929.13 of the Revised Code if the offender also is convicted of	70282
or also pleads guilty to a specification of the type described in	70283
section 2941.1413 of the Revised Code or a mandatory prison term	70284
of sixty consecutive days in accordance with division (G)(2) of	70285
section 2929.13 of the Revised Code if the offender is not	70286
convicted of and does not plead guilty to a specification of that	70287
type. The court may impose a prison term in addition to the	70288
mandatory prison term. The cumulative total of a sixty-day	70289
mandatory prison term and the additional prison term for the	70290
offense shall not exceed five years. In addition to the mandatory	70291
prison term or mandatory prison term and additional prison term	70292
the court imposes, the court also may sentence the offender to a	70293
community control sanction for the offense, but the offender shall	70294
serve all of the prison terms so imposed prior to serving the	70295
community control sanction.	70296

(ii) If the sentence is being imposed for a violation of	70297
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	70298
section, a mandatory prison term of one, two, three, four, or five	70299
years as required by and in accordance with division (G)(2) of	70300
section 2929.13 of the Revised Code if the offender also is	70301
convicted of or also pleads guilty to a specification of the type	70302
described in section 2941.1413 of the Revised Code or a mandatory	70303
prison term of one hundred twenty consecutive days in accordance	70304
with division (G)(2) of section 2929.13 of the Revised Code if the	70305
offender is not convicted of and does not plead guilty to a	70306
specification of that type. The court may impose a prison term in	70307
addition to the mandatory prison term. The cumulative total of a	70308
one hundred twenty-day mandatory prison term and the additional	70309
prison term for the offense shall not exceed five years. In	70310
addition to the mandatory prison term or mandatory prison term and	70311
additional prison term the court imposes, the court also may	70312
sentence the offender to a community control sanction for the	70313
offense, but the offender shall serve all of the prison terms so	70314
imposed prior to serving the community control sanction.	70315

(iii) In all cases, notwithstanding section 2929.18 of the	70316
Revised Code, a fine of not less than one thousand three hundred	70317
fifty nor more than ten thousand five hundred dollars;	70318

(iv) In all cases, a class two license suspension of the	70319
offender's driver's license, commercial driver's license,	70320
temporary instruction permit, probationary license, or nonresident	70321
operating privilege from the range specified in division (A)(2) of	70322
section 4510.02 of the Revised Code. The court may grant limited	70323
driving privileges relative to the suspension under sections	70324
4510.021 and 4510.13 of the Revised Code.	70325

(v) In all cases, if the vehicle is registered in the	70326
offender's name, criminal forfeiture of the vehicle involved in	70327
the offense in accordance with section 4503.234 of the Revised	70328
Code. Division (G)(6) of this section applies regarding any	70329
vehicle that is subject to an order of criminal forfeiture under	70330
this division.	70331

(vi) In all cases, the court shall order the offender to	70332
participate ~~in an alcohol and drug~~with a community addiction	70333
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	70334
the Revised Code, subject to division (I) of this section, and	70335
shall order the offender to follow the treatment recommendations	70336
of the ~~program~~services provider. The operator of the ~~program~~	70337
services provider shall determine and assess the degree of the	70338
offender's alcohol dependency and shall make recommendations for	70339
treatment. Upon the request of the court, the ~~program~~services	70340
provider shall submit the results of the assessment to the court,	70341
including all treatment recommendations and clinical diagnoses	70342
related to alcohol use.	70343

(2) An offender who is convicted of or pleads guilty to a	70344
violation of division (A) of this section and who subsequently	70345
seeks reinstatement of the driver's or occupational driver's	70346
license or permit or nonresident operating privilege suspended	70347
under this section as a result of the conviction or guilty plea	70348
shall pay a reinstatement fee as provided in division (F)(2) of	70349
section 4511.191 of the Revised Code.	70350

(3) If an offender is sentenced to a jail term under division	70351
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	70352
if, within sixty days of sentencing of the offender, the court	70353
issues a written finding on the record that, due to the	70354
unavailability of space at the jail where the offender is required	70355
to serve the term, the offender will not be able to begin serving	70356
that term within the sixty-day period following the date of	70357
sentencing, the court may impose an alternative sentence under	70358
this division that includes a term of house arrest with electronic	70359
monitoring, with continuous alcohol monitoring, or with both	70360
electronic monitoring and continuous alcohol monitoring.	70361

As an alternative to a mandatory jail term of ten consecutive	70362
days required by division (G)(1)(b)(i) of this section, the court,	70363
under this division, may sentence the offender to five consecutive	70364
days in jail and not less than eighteen consecutive days of house	70365
arrest with electronic monitoring, with continuous alcohol	70366
monitoring, or with both electronic monitoring and continuous	70367
alcohol monitoring. The cumulative total of the five consecutive	70368
days in jail and the period of house arrest with electronic	70369
monitoring, continuous alcohol monitoring, or both types of	70370
monitoring shall not exceed six months. The five consecutive days	70371
in jail do not have to be served prior to or consecutively to the	70372
period of house arrest.	70373

As an alternative to the mandatory jail term of twenty	70374
consecutive days required by division (G)(1)(b)(ii) of this	70375
section, the court, under this division, may sentence the offender	70376
to ten consecutive days in jail and not less than thirty-six	70377
consecutive days of house arrest with electronic monitoring, with	70378
continuous alcohol monitoring, or with both electronic monitoring	70379
and continuous alcohol monitoring. The cumulative total of the ten	70380
consecutive days in jail and the period of house arrest with	70381
electronic monitoring, continuous alcohol monitoring, or both	70382
types of monitoring shall not exceed six months. The ten	70383
consecutive days in jail do not have to be served prior to or	70384
consecutively to the period of house arrest.	70385

As an alternative to a mandatory jail term of thirty	70386
consecutive days required by division (G)(1)(c)(i) of this	70387
section, the court, under this division, may sentence the offender	70388
to fifteen consecutive days in jail and not less than fifty-five	70389
consecutive days of house arrest with electronic monitoring, with	70390
continuous alcohol monitoring, or with both electronic monitoring	70391
and continuous alcohol monitoring. The cumulative total of the	70392
fifteen consecutive days in jail and the period of house arrest	70393
with electronic monitoring, continuous alcohol monitoring, or both	70394
types of monitoring shall not exceed one year. The fifteen	70395
consecutive days in jail do not have to be served prior to or	70396
consecutively to the period of house arrest.	70397

As an alternative to the mandatory jail term of sixty	70398
consecutive days required by division (G)(1)(c)(ii) of this	70399
section, the court, under this division, may sentence the offender	70400
to thirty consecutive days in jail and not less than one hundred	70401
ten consecutive days of house arrest with electronic monitoring,	70402
with continuous alcohol monitoring, or with both electronic	70403
monitoring and continuous alcohol monitoring. The cumulative total	70404
of the thirty consecutive days in jail and the period of house	70405
arrest with electronic monitoring, continuous alcohol monitoring,	70406
or both types of monitoring shall not exceed one year. The thirty	70407
consecutive days in jail do not have to be served prior to or	70408
consecutively to the period of house arrest.	70409

(4) If an offender's driver's or occupational driver's	70410
license or permit or nonresident operating privilege is suspended	70411
under division (G) of this section and if section 4510.13 of the	70412
Revised Code permits the court to grant limited driving	70413
privileges, the court may grant the limited driving privileges in	70414
accordance with that section. If division (A)(7) of that section	70415
requires that the court impose as a condition of the privileges	70416
that the offender must display on the vehicle that is driven	70417
subject to the privileges restricted license plates that are	70418
issued under section 4503.231 of the Revised Code, except as	70419
provided in division (B) of that section, the court shall impose	70420
that condition as one of the conditions of the limited driving	70421
privileges granted to the offender, except as provided in division	70422
(B) of section 4503.231 of the Revised Code.	70423

(5) Fines imposed under this section for a violation of	70424
division (A) of this section shall be distributed as follows:	70425

(a) Twenty-five dollars of the fine imposed under division	70426
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	70427
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	70428
fine imposed under division (G)(1)(c)(iii), and two hundred ten	70429
dollars of the fine imposed under division (G)(1)(d)(iii) or	70430
(e)(iii) of this section shall be paid to an enforcement and	70431
education fund established by the legislative authority of the law	70432
enforcement agency in this state that primarily was responsible	70433
for the arrest of the offender, as determined by the court that	70434
imposes the fine. The agency shall use this share to pay only	70435
those costs it incurs in enforcing this section or a municipal OVI	70436
ordinance and in informing the public of the laws governing the	70437
operation of a vehicle while under the influence of alcohol, the	70438
dangers of the operation of a vehicle under the influence of	70439
alcohol, and other information relating to the operation of a	70440
vehicle under the influence of alcohol and the consumption of	70441
alcoholic beverages.	70442

(b) Fifty dollars of the fine imposed under division	70443
(G)(1)(a)(iii) of this section shall be paid to the political	70444
subdivision that pays the cost of housing the offender during the	70445
offender's term of incarceration. If the offender is being	70446
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	70447
(e), or (j) of this section and was confined as a result of the	70448
offense prior to being sentenced for the offense but is not	70449
sentenced to a term of incarceration, the fifty dollars shall be	70450
paid to the political subdivision that paid the cost of housing	70451
the offender during that period of confinement. The political	70452
subdivision shall use the share under this division to pay or	70453
reimburse incarceration or treatment costs it incurs in housing or	70454
providing drug and alcohol treatment to persons who violate this	70455
section or a municipal OVI ordinance, costs of any immobilizing or	70456
disabling device used on the offender's vehicle, and costs of	70457
electronic house arrest equipment needed for persons who violate	70458
this section.	70459

(c) Twenty-five dollars of the fine imposed under division	70460
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	70461
division (G)(1)(b)(iii) of this section shall be deposited into	70462
the county or municipal indigent drivers' alcohol treatment fund	70463
under the control of that court, as created by the county or	70464
municipal corporation under division (F) of section 4511.191 of	70465
the Revised Code.	70466

(d) One hundred fifteen dollars of the fine imposed under	70467
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	70468
fine imposed under division (G)(1)(c)(iii), and four hundred forty	70469
dollars of the fine imposed under division (G)(1)(d)(iii) or	70470
(e)(iii) of this section shall be paid to the political	70471
subdivision that pays the cost of housing the offender during the	70472
offender's term of incarceration. The political subdivision shall	70473
use this share to pay or reimburse incarceration or treatment	70474
costs it incurs in housing or providing drug and alcohol treatment	70475
to persons who violate this section or a municipal OVI ordinance,	70476
costs for any immobilizing or disabling device used on the	70477
offender's vehicle, and costs of electronic house arrest equipment	70478
needed for persons who violate this section.	70479

(e) Fifty dollars of the fine imposed under divisions	70480
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	70481
and (G)(1)(e)(iii) of this section shall be deposited into the	70482
special projects fund of the court in which the offender was	70483
convicted and that is established under division (E)(1) of section	70484
2303.201, division (B)(1) of section 1901.26, or division (B)(1)	70485
of section 1907.24 of the Revised Code, to be used exclusively to	70486
cover the cost of immobilizing or disabling devices, including	70487
certified ignition interlock devices, and remote alcohol	70488
monitoring devices for indigent offenders who are required by a	70489
judge to use either of these devices. If the court in which the	70490
offender was convicted does not have a special projects fund that	70491
is established under division (E)(1) of section 2303.201, division	70492
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24	70493
of the Revised Code, the fifty dollars shall be deposited into the	70494
indigent drivers interlock and alcohol monitoring fund under	70495
division (I) of section 4511.191 of the Revised Code.	70496

(f) Seventy-five dollars of the fine imposed under division	70497
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	70498
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	70499
of the fine imposed under division (G)(1)(c)(iii), and five	70500
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	70501
or (e)(iii) of this section shall be transmitted to the treasurer	70502
of state for deposit into the indigent defense support fund	70503
established under section 120.08 of the Revised Code.	70504

(g) The balance of the fine imposed under division	70505
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	70506
section shall be disbursed as otherwise provided by law.	70507

(6) If title to a motor vehicle that is subject to an order	70508
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	70509
this section is assigned or transferred and division (B)(2) or (3)	70510
of section 4503.234 of the Revised Code applies, in addition to or	70511
independent of any other penalty established by law, the court may	70512
fine the offender the value of the vehicle as determined by	70513
publications of the national automobile dealers association. The	70514
proceeds of any fine so imposed shall be distributed in accordance	70515
with division (C)(2) of that section.	70516

(7) In all cases in which an offender is sentenced under	70517
division (G) of this section, the offender shall provide the court	70518
with proof of financial responsibility as defined in section	70519
4509.01 of the Revised Code. If the offender fails to provide that	70520
proof of financial responsibility, the court, in addition to any	70521
other penalties provided by law, may order restitution pursuant to	70522
section 2929.18 or 2929.28 of the Revised Code in an amount not	70523
exceeding five thousand dollars for any economic loss arising from	70524
an accident or collision that was the direct and proximate result	70525
of the offender's operation of the vehicle before, during, or	70526
after committing the offense for which the offender is sentenced	70527
under division (G) of this section.	70528

(8) As used in division (G) of this section, "electronic	70529
monitoring," "mandatory prison term," and "mandatory term of local	70530
incarceration" have the same meanings as in section 2929.01 of the	70531
Revised Code.	70532

(H) Whoever violates division (B) of this section is guilty	70533
of operating a vehicle after underage alcohol consumption and	70534
shall be punished as follows:	70535

(1) Except as otherwise provided in division (H)(2) of this	70536
section, the offender is guilty of a misdemeanor of the fourth	70537
degree. In addition to any other sanction imposed for the offense,	70538
the court shall impose a class six suspension of the offender's	70539
driver's license, commercial driver's license, temporary	70540
instruction permit, probationary license, or nonresident operating	70541
privilege from the range specified in division (A)(6) of section	70542
4510.02 of the Revised Code.	70543

(2) If, within one year of the offense, the offender	70544
previously has been convicted of or pleaded guilty to one or more	70545
violations of division (A) or (B) of this section or other	70546
equivalent offenses, the offender is guilty of a misdemeanor of	70547
the third degree. In addition to any other sanction imposed for	70548
the offense, the court shall impose a class four suspension of the	70549
offender's driver's license, commercial driver's license,	70550
temporary instruction permit, probationary license, or nonresident	70551
operating privilege from the range specified in division (A)(4) of	70552
section 4510.02 of the Revised Code.	70553

(3) If the offender also is convicted of or also pleads	70554
guilty to a specification of the type described in section	70555
2941.1416 of the Revised Code and if the court imposes a jail term	70556
for the violation of division (B) of this section, the court shall	70557
impose upon the offender an additional definite jail term pursuant	70558
to division (E) of section 2929.24 of the Revised Code.	70559

(4) The offender shall provide the court with proof of	70560
financial responsibility as defined in section 4509.01 of the	70561
Revised Code. If the offender fails to provide that proof of	70562
financial responsibility, then, in addition to any other penalties	70563
provided by law, the court may order restitution pursuant to	70564
section 2929.28 of the Revised Code in an amount not exceeding	70565
five thousand dollars for any economic loss arising from an	70566
accident or collision that was the direct and proximate result of	70567
the offender's operation of the vehicle before, during, or after	70568
committing the violation of division (B) of this section.	70569

(I)(1) No court shall sentence an offender to an alcohol	70570
treatment program under this section unless the treatment program	70571
complies with the minimum standards for alcohol treatment programs	70572
adopted under Chapter ~~3793.~~5119. of the Revised Code by the	70573
director of ~~alcohol and drug addiction services~~mental health and	70574
addiction services.	70575

(2) An offender who stays in a drivers' intervention program	70576
or in an alcohol treatment program under an order issued under	70577
this section shall pay the cost of the stay in the program.	70578
However, if the court determines that an offender who stays in an	70579
alcohol treatment program under an order issued under this section	70580
is unable to pay the cost of the stay in the program, the court	70581
may order that the cost be paid from the court's indigent drivers'	70582
alcohol treatment fund.	70583

(J) If a person whose driver's or commercial driver's license	70584
or permit or nonresident operating privilege is suspended under	70585
this section files an appeal regarding any aspect of the person's	70586
trial or sentence, the appeal itself does not stay the operation	70587
of the suspension.	70588

(K) Division (A)(1)(j) of this section does not apply to a	70589
person who operates a vehicle, streetcar, or trackless trolley	70590
while the person has a concentration of a listed controlled	70591
substance or a listed metabolite of a controlled substance in the	70592
person's whole blood, blood serum or plasma, or urine that equals	70593
or exceeds the amount specified in that division, if both of the	70594
following apply:	70595

(1) The person obtained the controlled substance pursuant to	70596
a prescription issued by a licensed health professional authorized	70597
to prescribe drugs.	70598

(2) The person injected, ingested, or inhaled the controlled	70599
substance in accordance with the health professional's directions.	70600

(L) The prohibited concentrations of a controlled substance	70601
or a metabolite of a controlled substance listed in division	70602
(A)(1)(j) of this section also apply in a prosecution of a	70603
violation of division (D) of section 2923.16 of the Revised Code	70604
in the same manner as if the offender is being prosecuted for a	70605
prohibited concentration of alcohol.	70606

(M) All terms defined in section 4510.01 of the Revised Code	70607
apply to this section. If the meaning of a term defined in section	70608
4510.01 of the Revised Code conflicts with the meaning of the same	70609
term as defined in section 4501.01 or 4511.01 of the Revised Code,	70610
the term as defined in section 4510.01 of the Revised Code applies	70611
to this section.	70612

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	70613
as adopted by the supreme court under authority of section 2937.46	70614
of the Revised Code, do not apply to felony violations of this	70615
section. Subject to division (N)(2) of this section, the Rules of	70616
Criminal Procedure apply to felony violations of this section.	70617

(2) If, on or after January 1, 2004, the supreme court	70618
modifies the Ohio Traffic Rules to provide procedures to govern	70619
felony violations of this section, the modified rules shall apply	70620
to felony violations of this section.	70621

Sec. 4511.191. (A)(1) As used in this section:

70622

(a) "Physical control" has the same meaning as in section	70623
4511.194 of the Revised Code.	70624

(b) "Alcohol monitoring device" means any device that	70625
provides for continuous alcohol monitoring, any ignition interlock	70626
device, any immobilizing or disabling device other than an	70627
ignition interlock device that is constantly available to monitor	70628
the concentration of alcohol in a person's system, or any other	70629
device that provides for the automatic testing and periodic	70630
reporting of alcohol consumption by a person and that a court	70631
orders a person to use as a sanction imposed as a result of the	70632
person's conviction of or plea of guilty to an offense.	70633

(2) Any person who operates a vehicle, streetcar, or	70634
trackless trolley upon a highway or any public or private property	70635
used by the public for vehicular travel or parking within this	70636
state or who is in physical control of a vehicle, streetcar, or	70637
trackless trolley shall be deemed to have given consent to a	70638
chemical test or tests of the person's whole blood, blood serum or	70639
plasma, breath, or urine to determine the alcohol, drug of abuse,	70640
controlled substance, metabolite of a controlled substance, or	70641
combination content of the person's whole blood, blood serum or	70642
plasma, breath, or urine if arrested for a violation of division	70643
(A) or (B) of section 4511.19 of the Revised Code, section	70644
4511.194 of the Revised Code or a substantially equivalent	70645
municipal ordinance, or a municipal OVI ordinance.	70646

(3) The chemical test or tests under division (A)(2) of this	70647
section shall be administered at the request of a law enforcement	70648
officer having reasonable grounds to believe the person was	70649
operating or in physical control of a vehicle, streetcar, or	70650
trackless trolley in violation of a division, section, or	70651
ordinance identified in division (A)(2) of this section. The law	70652
enforcement agency by which the officer is employed shall	70653
designate which of the tests shall be administered.	70654

(4) Any person who is dead or unconscious, or who otherwise	70655
is in a condition rendering the person incapable of refusal, shall	70656
be deemed to have consented as provided in division (A)(2) of this	70657
section, and the test or tests may be administered, subject to	70658
sections 313.12 to 313.16 of the Revised Code.	70659

(5)(a) If a law enforcement officer arrests a person for a	70660
violation of division (A) or (B) of section 4511.19 of the Revised	70661
Code, section 4511.194 of the Revised Code or a substantially	70662
equivalent municipal ordinance, or a municipal OVI ordinance and	70663
if the person if convicted would be required to be sentenced under	70664
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	70665
Code, the law enforcement officer shall request the person to	70666
submit, and the person shall submit, to a chemical test or tests	70667
of the person's whole blood, blood serum or plasma, breath, or	70668
urine for the purpose of determining the alcohol, drug of abuse,	70669
controlled substance, metabolite of a controlled substance, or	70670
combination content of the person's whole blood, blood serum or	70671
plasma, breath, or urine. A law enforcement officer who makes a	70672
request pursuant to this division that a person submit to a	70673
chemical test or tests is not required to advise the person of the	70674
consequences of submitting to, or refusing to submit to, the test	70675
or tests and is not required to give the person the form described	70676
in division (B) of section 4511.192 of the Revised Code, but the	70677
officer shall advise the person at the time of the arrest that if	70678
the person refuses to take a chemical test the officer may employ	70679
whatever reasonable means are necessary to ensure that the person	70680
submits to a chemical test of the person's whole blood or blood	70681
serum or plasma. The officer shall also advise the person at the	70682
time of the arrest that the person may have an independent	70683
chemical test taken at the person's own expense. Divisions (A)(3)	70684
and (4) of this section apply to the administration of a chemical	70685
test or tests pursuant to this division.	70686

(b) If a person refuses to submit to a chemical test upon a	70687
request made pursuant to division (A)(5)(a) of this section, the	70688
law enforcement officer who made the request may employ whatever	70689
reasonable means are necessary to ensure that the person submits	70690
to a chemical test of the person's whole blood or blood serum or	70691
plasma. A law enforcement officer who acts pursuant to this	70692
division to ensure that a person submits to a chemical test of the	70693
person's whole blood or blood serum or plasma is immune from	70694
criminal and civil liability based upon a claim for assault and	70695
battery or any other claim for the acts, unless the officer so	70696
acted with malicious purpose, in bad faith, or in a wanton or	70697
reckless manner.	70698

(B)(1) Upon receipt of the sworn report of a law enforcement	70699
officer who arrested a person for a violation of division (A) or	70700
(B) of section 4511.19 of the Revised Code, section 4511.194 of	70701
the Revised Code or a substantially equivalent municipal	70702
ordinance, or a municipal OVI ordinance that was completed and	70703
sent to the registrar of motor vehicles and a court pursuant to	70704
section 4511.192 of the Revised Code in regard to a person who	70705
refused to take the designated chemical test, the registrar shall	70706
enter into the registrar's records the fact that the person's	70707
driver's or commercial driver's license or permit or nonresident	70708
operating privilege was suspended by the arresting officer under	70709
this division and that section and the period of the suspension,	70710
as determined under this section. The suspension shall be subject	70711
to appeal as provided in section 4511.197 of the Revised Code. The	70712
suspension shall be for whichever of the following periods	70713
applies:	70714

(a) Except when division (B)(1)(b), (c), or (d) of this	70715
section applies and specifies a different class or length of	70716
suspension, the suspension shall be a class C suspension for the	70717
period of time specified in division (B)(3) of section 4510.02 of	70718
the Revised Code.	70719

(b) If the arrested person, within six years of the date on	70720
which the person refused the request to consent to the chemical	70721
test, had refused one previous request to consent to a chemical	70722
test or had been convicted of or pleaded guilty to one violation	70723
of division (A) or (B) of section 4511.19 of the Revised Code or	70724
one other equivalent offense, the suspension shall be a class B	70725
suspension imposed for the period of time specified in division	70726
(B)(2) of section 4510.02 of the Revised Code.	70727

(c) If the arrested person, within six years of the date on	70728
which the person refused the request to consent to the chemical	70729
test, had refused two previous requests to consent to a chemical	70730
test, had been convicted of or pleaded guilty to two violations of	70731
division (A) or (B) of section 4511.19 of the Revised Code or	70732
other equivalent offenses, or had refused one previous request to	70733
consent to a chemical test and also had been convicted of or	70734
pleaded guilty to one violation of division (A) or (B) of section	70735
4511.19 of the Revised Code or other equivalent offenses, which	70736
violation or offense arose from an incident other than the	70737
incident that led to the refusal, the suspension shall be a class	70738
A suspension imposed for the period of time specified in division	70739
(B)(1) of section 4510.02 of the Revised Code.	70740

(d) If the arrested person, within six years of the date on	70741
which the person refused the request to consent to the chemical	70742
test, had refused three or more previous requests to consent to a	70743
chemical test, had been convicted of or pleaded guilty to three or	70744
more violations of division (A) or (B) of section 4511.19 of the	70745
Revised Code or other equivalent offenses, or had refused a number	70746
of previous requests to consent to a chemical test and also had	70747
been convicted of or pleaded guilty to a number of violations of	70748
division (A) or (B) of section 4511.19 of the Revised Code or	70749
other equivalent offenses that cumulatively total three or more	70750
such refusals, convictions, and guilty pleas, the suspension shall	70751
be for five years.	70752

(2) The registrar shall terminate a suspension of the	70753
driver's or commercial driver's license or permit of a resident or	70754
of the operating privilege of a nonresident, or a denial of a	70755
driver's or commercial driver's license or permit, imposed	70756
pursuant to division (B)(1) of this section upon receipt of notice	70757
that the person has entered a plea of guilty to, or that the	70758
person has been convicted after entering a plea of no contest to,	70759
operating a vehicle in violation of section 4511.19 of the Revised	70760
Code or in violation of a municipal OVI ordinance, if the offense	70761
for which the conviction is had or the plea is entered arose from	70762
the same incident that led to the suspension or denial.	70763

The registrar shall credit against any judicial suspension of	70764
a person's driver's or commercial driver's license or permit or	70765
nonresident operating privilege imposed pursuant to section	70766
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	70767
Revised Code for a violation of a municipal OVI ordinance, any	70768
time during which the person serves a related suspension imposed	70769
pursuant to division (B)(1) of this section.	70770

(C)(1) Upon receipt of the sworn report of the law	70771
enforcement officer who arrested a person for a violation of	70772
division (A) or (B) of section 4511.19 of the Revised Code or a	70773
municipal OVI ordinance that was completed and sent to the	70774
registrar and a court pursuant to section 4511.192 of the Revised	70775
Code in regard to a person whose test results indicate that the	70776
person's whole blood, blood serum or plasma, breath, or urine	70777
contained at least the concentration of alcohol specified in	70778
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	70779
Revised Code or at least the concentration of a listed controlled	70780
substance or a listed metabolite of a controlled substance	70781
specified in division (A)(1)(j) of section 4511.19 of the Revised	70782
Code, the registrar shall enter into the registrar's records the	70783
fact that the person's driver's or commercial driver's license or	70784
permit or nonresident operating privilege was suspended by the	70785
arresting officer under this division and section 4511.192 of the	70786
Revised Code and the period of the suspension, as determined under	70787
divisions (C)(1)(a) to (d) of this section. The suspension shall	70788
be subject to appeal as provided in section 4511.197 of the	70789
Revised Code. The suspension described in this division does not	70790
apply to, and shall not be imposed upon, a person arrested for a	70791
violation of section 4511.194 of the Revised Code or a	70792
substantially equivalent municipal ordinance who submits to a	70793
designated chemical test. The suspension shall be for whichever of	70794
the following periods applies:	70795

(a) Except when division (C)(1)(b), (c), or (d) of this	70796
section applies and specifies a different period, the suspension	70797
shall be a class E suspension imposed for the period of time	70798
specified in division (B)(5) of section 4510.02 of the Revised	70799
Code.	70800

(b) The suspension shall be a class C suspension for the	70801
period of time specified in division (B)(3) of section 4510.02 of	70802
the Revised Code if the person has been convicted of or pleaded	70803
guilty to, within six years of the date the test was conducted,	70804
one violation of division (A) or (B) of section 4511.19 of the	70805
Revised Code or one other equivalent offense.	70806

(c) If, within six years of the date the test was conducted,	70807
the person has been convicted of or pleaded guilty to two	70808
violations of a statute or ordinance described in division	70809
(C)(1)(b) of this section, the suspension shall be a class B	70810
suspension imposed for the period of time specified in division	70811
(B)(2) of section 4510.02 of the Revised Code.	70812

(d) If, within six years of the date the test was conducted,	70813
the person has been convicted of or pleaded guilty to more than	70814
two violations of a statute or ordinance described in division	70815
(C)(1)(b) of this section, the suspension shall be a class A	70816
suspension imposed for the period of time specified in division	70817
(B)(1) of section 4510.02 of the Revised Code.	70818

(2) The registrar shall terminate a suspension of the	70819
driver's or commercial driver's license or permit of a resident or	70820
of the operating privilege of a nonresident, or a denial of a	70821
driver's or commercial driver's license or permit, imposed	70822
pursuant to division (C)(1) of this section upon receipt of notice	70823
that the person has entered a plea of guilty to, or that the	70824
person has been convicted after entering a plea of no contest to,	70825
operating a vehicle in violation of section 4511.19 of the Revised	70826
Code or in violation of a municipal OVI ordinance, if the offense	70827
for which the conviction is had or the plea is entered arose from	70828
the same incident that led to the suspension or denial.	70829

The registrar shall credit against any judicial suspension of	70830
a person's driver's or commercial driver's license or permit or	70831
nonresident operating privilege imposed pursuant to section	70832
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	70833
Revised Code for a violation of a municipal OVI ordinance, any	70834
time during which the person serves a related suspension imposed	70835
pursuant to division (C)(1) of this section.	70836

(D)(1) A suspension of a person's driver's or commercial	70837
driver's license or permit or nonresident operating privilege	70838
under this section for the time described in division (B) or (C)	70839
of this section is effective immediately from the time at which	70840
the arresting officer serves the notice of suspension upon the	70841
arrested person. Any subsequent finding that the person is not	70842
guilty of the charge that resulted in the person being requested	70843
to take the chemical test or tests under division (A) of this	70844
section does not affect the suspension.	70845

(2) If a person is arrested for operating a vehicle,	70846
streetcar, or trackless trolley in violation of division (A) or	70847
(B) of section 4511.19 of the Revised Code or a municipal OVI	70848
ordinance, or for being in physical control of a vehicle,	70849
streetcar, or trackless trolley in violation of section 4511.194	70850
of the Revised Code or a substantially equivalent municipal	70851
ordinance, regardless of whether the person's driver's or	70852
commercial driver's license or permit or nonresident operating	70853
privilege is or is not suspended under division (B) or (C) of this	70854
section or Chapter 4510. of the Revised Code, the person's initial	70855
appearance on the charge resulting from the arrest shall be held	70856
within five days of the person's arrest or the issuance of the	70857
citation to the person, subject to any continuance granted by the	70858
court pursuant to section 4511.197 of the Revised Code regarding	70859
the issues specified in that division.	70860

(E) When it finally has been determined under the procedures	70861
of this section and sections 4511.192 to 4511.197 of the Revised	70862
Code that a nonresident's privilege to operate a vehicle within	70863
this state has been suspended, the registrar shall give	70864
information in writing of the action taken to the motor vehicle	70865
administrator of the state of the person's residence and of any	70866
state in which the person has a license.	70867

(F) At the end of a suspension period under this section,	70868
under section 4511.194, section 4511.196, or division (G) of	70869
section 4511.19 of the Revised Code, or under section 4510.07 of	70870
the Revised Code for a violation of a municipal OVI ordinance and	70871
upon the request of the person whose driver's or commercial	70872
driver's license or permit was suspended and who is not otherwise	70873
subject to suspension, cancellation, or disqualification, the	70874
registrar shall return the driver's or commercial driver's license	70875
or permit to the person upon the occurrence of all of the	70876
conditions specified in divisions (F)(1) and (2) of this section:	70877

(1) A showing that the person has proof of financial	70878
responsibility, a policy of liability insurance in effect that	70879
meets the minimum standards set forth in section 4509.51 of the	70880
Revised Code, or proof, to the satisfaction of the registrar, that	70881
the person is able to respond in damages in an amount at least	70882
equal to the minimum amounts specified in section 4509.51 of the	70883
Revised Code.	70884

(2) Subject to the limitation contained in division (F)(3) of	70885
this section, payment by the person to the registrar or an	70886
eligible deputy registrar of a license reinstatement fee of four	70887
hundred seventy-five dollars, which fee shall be deposited in the	70888
state treasury and credited as follows:	70889

(a) One hundred twelve dollars and fifty cents shall be	70890
credited to the statewide treatment and prevention fund created by	70891
section 4301.30 of the Revised Code. Money credited to the fund	70892
under this section shall be used for purposes identified ~~in the~~	70893
~~comprehensive statewide alcohol and drug addiction services plan~~	70894
~~developed~~ under section ~~3793.04~~5119.22 of the Revised Code.	70895

(b) Seventy-five dollars shall be credited to the reparations	70896
fund created by section 2743.191 of the Revised Code.	70897

(c) Thirty-seven dollars and fifty cents shall be credited to	70898
the indigent drivers alcohol treatment fund, which is hereby	70899
established in the state treasury. Except as otherwise provided in	70900
division (F)(2)(c) of this section, moneys in the fund shall be	70901
distributed by the department of ~~alcohol and drug addiction~~	70902
~~services~~mental health and addiction services to the county	70903
indigent drivers alcohol treatment funds, the county juvenile	70904
indigent drivers alcohol treatment funds, and the municipal	70905
indigent drivers alcohol treatment funds that are required to be	70906
established by counties and municipal corporations pursuant to	70907
division (H) of this section, and shall be used only to pay the	70908
cost of an alcohol and drug addiction treatment program attended	70909
by an offender or juvenile traffic offender who is ordered to	70910
attend an alcohol and drug addiction treatment program by a	70911
county, juvenile, or municipal court judge and who is determined	70912
by the county, juvenile, or municipal court judge not to have the	70913
means to pay for the person's attendance at the program or to pay	70914
the costs specified in division (H)(4) of this section in	70915
accordance with that division. In addition, a county, juvenile, or	70916
municipal court judge may use moneys in the county indigent	70917
drivers alcohol treatment fund, county juvenile indigent drivers	70918
alcohol treatment fund, or municipal indigent drivers alcohol	70919
treatment fund to pay for the cost of the continued use of an	70920
alcohol monitoring device as described in divisions (H)(3) and (4)	70921
of this section. Moneys in the fund that are not distributed to a	70922
county indigent drivers alcohol treatment fund, a county juvenile	70923
indigent drivers alcohol treatment fund, or a municipal indigent	70924
drivers alcohol treatment fund under division (H) of this section	70925
because the director of ~~alcohol and drug addiction services~~mental	70926
health and addiction services does not have the information	70927
necessary to identify the county or municipal corporation where	70928
the offender or juvenile offender was arrested may be transferred	70929
by the director of budget and management to the statewide	70930
treatment and prevention fund created by section 4301.30 of the	70931
Revised Code, upon certification of the amount by the director of	70932
~~alcohol and drug addiction services~~mental health and addiction	70933
services.	70934

(d) Seventy-five dollars shall be credited to the ~~Ohio~~	70935
rehabilitation services commission established by section 3304.12	70936
of the Revised Code, to the services for rehabilitation fund,	70937
which is hereby established. The fund shall be used to match	70938
available federal matching funds where appropriate, and for any	70939
other purpose or program of the commission to rehabilitate people	70940
with disabilities to help them become employed and independent.	70941

(e) Seventy-five dollars shall be deposited into the state	70942
treasury and credited to the drug abuse resistance education	70943
programs fund, which is hereby established, to be used by the	70944
attorney general for the purposes specified in division (F)(4) of	70945
this section.	70946

(f) Thirty dollars shall be credited to the state bureau of	70947
motor vehicles fund created by section 4501.25 of the Revised	70948
Code.	70949

(g) Twenty dollars shall be credited to the trauma and	70950
emergency medical services fund created by section 4513.263 of the	70951
Revised Code.	70952

(h) Fifty dollars shall be credited to the indigent drivers	70953
interlock and alcohol monitoring fund, which is hereby established	70954
in the state treasury. Moneys in the fund shall be distributed by	70955
the department of public safety to the county indigent drivers	70956
interlock and alcohol monitoring funds, the county juvenile	70957
indigent drivers interlock and alcohol monitoring funds, and the	70958
municipal indigent drivers interlock and alcohol monitoring funds	70959
that are required to be established by counties and municipal	70960
corporations pursuant to this section, and shall be used only to	70961
pay the cost of an immobilizing or disabling device, including a	70962
certified ignition interlock device, or an alcohol monitoring	70963
device used by an offender or juvenile offender who is ordered to	70964
use the device by a county, juvenile, or municipal court judge and	70965
who is determined by the county, juvenile, or municipal court	70966
judge not to have the means to pay for the person's use of the	70967
device.	70968

(3) If a person's driver's or commercial driver's license or	70969
permit is suspended under this section, under section 4511.196 or	70970
division (G) of section 4511.19 of the Revised Code, under section	70971
4510.07 of the Revised Code for a violation of a municipal OVI	70972
ordinance or under any combination of the suspensions described in	70973
division (F)(3) of this section, and if the suspensions arise from	70974
a single incident or a single set of facts and circumstances, the	70975
person is liable for payment of, and shall be required to pay to	70976
the registrar or an eligible deputy registrar, only one	70977
reinstatement fee of four hundred seventy-five dollars. The	70978
reinstatement fee shall be distributed by the bureau in accordance	70979
with division (F)(2) of this section.	70980

(4) The attorney general shall use amounts in the drug abuse	70981
resistance education programs fund to award grants to law	70982
enforcement agencies to establish and implement drug abuse	70983
resistance education programs in public schools. Grants awarded to	70984
a law enforcement agency under this section shall be used by the	70985
agency to pay for not more than fifty per cent of the amount of	70986
the salaries of law enforcement officers who conduct drug abuse	70987
resistance education programs in public schools. The attorney	70988
general shall not use more than six per cent of the amounts the	70989
attorney general's office receives under division (F)(2)(e) of	70990
this section to pay the costs it incurs in administering the grant	70991
program established by division (F)(2)(e) of this section and in	70992
providing training and materials relating to drug abuse resistance	70993
education programs.	70994

The attorney general shall report to the governor and the	70995
general assembly each fiscal year on the progress made in	70996
establishing and implementing drug abuse resistance education	70997
programs. These reports shall include an evaluation of the	70998
effectiveness of these programs.	70999

(5) In addition to the reinstatement fee under this section,	71000
if the person pays the reinstatement fee to a deputy registrar,	71001
the deputy registrar shall collect a service fee of ten dollars to	71002
compensate the deputy registrar for services performed under this	71003
section. The deputy registrar shall retain eight dollars of the	71004
service fee and shall transmit the reinstatement fee, plus two	71005
dollars of the service fee, to the registrar in the manner the	71006
registrar shall determine.	71007

(G) Suspension of a commercial driver's license under	71008
division (B) or (C) of this section shall be concurrent with any	71009
period of disqualification under section 3123.611 or 4506.16 of	71010
the Revised Code or any period of suspension under section 3123.58	71011
of the Revised Code. No person who is disqualified for life from	71012
holding a commercial driver's license under section 4506.16 of the	71013
Revised Code shall be issued a driver's license under Chapter	71014
4507. of the Revised Code during the period for which the	71015
commercial driver's license was suspended under division (B) or	71016
(C) of this section. No person whose commercial driver's license	71017
is suspended under division (B) or (C) of this section shall be	71018
issued a driver's license under Chapter 4507. of the Revised Code	71019
during the period of the suspension.	71020

(H)(1) Each county shall establish an indigent drivers	71021
alcohol treatment fund, each county shall establish a juvenile	71022
indigent drivers alcohol treatment fund, and each municipal	71023
corporation in which there is a municipal court shall establish an	71024
indigent drivers alcohol treatment fund. All revenue that the	71025
general assembly appropriates to the indigent drivers alcohol	71026
treatment fund for transfer to a county indigent drivers alcohol	71027
treatment fund, a county juvenile indigent drivers alcohol	71028
treatment fund, or a municipal indigent drivers alcohol treatment	71029
fund, all portions of fees that are paid under division (F) of	71030
this section and that are credited under that division to the	71031
indigent drivers alcohol treatment fund in the state treasury for	71032
a county indigent drivers alcohol treatment fund, a county	71033
juvenile indigent drivers alcohol treatment fund, or a municipal	71034
indigent drivers alcohol treatment fund, all portions of	71035
additional costs imposed under section 2949.094 of the Revised	71036
Code that are specified for deposit into a county, county	71037
juvenile, or municipal indigent drivers alcohol treatment fund by	71038
that section, and all portions of fines that are specified for	71039
deposit into a county or municipal indigent drivers alcohol	71040
treatment fund by section 4511.193 of the Revised Code shall be	71041
deposited into that county indigent drivers alcohol treatment	71042
fund, county juvenile indigent drivers alcohol treatment fund, or	71043
municipal indigent drivers alcohol treatment fund. The portions of	71044
the fees paid under division (F) of this section that are to be so	71045
deposited shall be determined in accordance with division (H)(2)	71046
of this section. Additionally, all portions of fines that are paid	71047
for a violation of section 4511.19 of the Revised Code or of any	71048
prohibition contained in Chapter 4510. of the Revised Code, and	71049
that are required under section 4511.19 or any provision of	71050
Chapter 4510. of the Revised Code to be deposited into a county	71051
indigent drivers alcohol treatment fund or municipal indigent	71052
drivers alcohol treatment fund shall be deposited into the	71053
appropriate fund in accordance with the applicable division of the	71054
section or provision.	71055

(2) That portion of the license reinstatement fee that is	71056
paid under division (F) of this section and that is credited under	71057
that division to the indigent drivers alcohol treatment fund shall	71058
be deposited into a county indigent drivers alcohol treatment	71059
fund, a county juvenile indigent drivers alcohol treatment fund,	71060
or a municipal indigent drivers alcohol treatment fund as follows:	71061

(a) Regarding a suspension imposed under this section, that	71062
portion of the fee shall be deposited as follows:	71063

(i) If the fee is paid by a person who was charged in a	71064
county court with the violation that resulted in the suspension or	71065
in the imposition of the court costs, the portion shall be	71066
deposited into the county indigent drivers alcohol treatment fund	71067
under the control of that court;	71068

(ii) If the fee is paid by a person who was charged in a	71069
juvenile court with the violation that resulted in the suspension	71070
or in the imposition of the court costs, the portion shall be	71071
deposited into the county juvenile indigent drivers alcohol	71072
treatment fund established in the county served by the court;	71073

(iii) If the fee is paid by a person who was charged in a	71074
municipal court with the violation that resulted in the suspension	71075
or in the imposition of the court costs, the portion shall be	71076
deposited into the municipal indigent drivers alcohol treatment	71077
fund under the control of that court.	71078

(b) Regarding a suspension imposed under section 4511.19 of	71079
the Revised Code or under section 4510.07 of the Revised Code for	71080
a violation of a municipal OVI ordinance, that portion of the fee	71081
shall be deposited as follows:	71082

(i) If the fee is paid by a person whose license or permit	71083
was suspended by a county court, the portion shall be deposited	71084
into the county indigent drivers alcohol treatment fund under the	71085
control of that court;	71086

(ii) If the fee is paid by a person whose license or permit	71087
was suspended by a municipal court, the portion shall be deposited	71088
into the municipal indigent drivers alcohol treatment fund under	71089
the control of that court.	71090

(3) Expenditures from a county indigent drivers alcohol	71091
treatment fund, a county juvenile indigent drivers alcohol	71092
treatment fund, or a municipal indigent drivers alcohol treatment	71093
fund shall be made only upon the order of a county, juvenile, or	71094
municipal court judge and only for payment of the cost of an	71095
assessment or the cost of the attendance at an alcohol and drug	71096
addiction treatment program of a person who is convicted of, or	71097
found to be a juvenile traffic offender by reason of, a violation	71098
of division (A) of section 4511.19 of the Revised Code or a	71099
substantially similar municipal ordinance, who is ordered by the	71100
court to attend the alcohol and drug addiction treatment program,	71101
and who is determined by the court to be unable to pay the cost of	71102
the assessment or the cost of attendance at the treatment program	71103
or for payment of the costs specified in division (H)(4) of this	71104
section in accordance with that division. The alcohol and drug	71105
addiction services board or the board of alcohol, drug addiction,	71106
and mental health services established pursuant to section 340.02	71107
or 340.021 of the Revised Code and serving the alcohol, drug	71108
addiction, and mental health service district in which the court	71109
is located shall administer the indigent drivers alcohol treatment	71110
program of the court. When a court orders an offender or juvenile	71111
traffic offender to obtain an assessment or attend an alcohol and	71112
drug addiction treatment program, the board shall determine which	71113
program is suitable to meet the needs of the offender or juvenile	71114
traffic offender, and when a suitable program is located and space	71115
is available at the program, the offender or juvenile traffic	71116
offender shall attend the program designated by the board. A	71117
reasonable amount not to exceed five per cent of the amounts	71118
credited to and deposited into the county indigent drivers alcohol	71119
treatment fund, the county juvenile indigent drivers alcohol	71120
treatment fund, or the municipal indigent drivers alcohol	71121
treatment fund serving every court whose program is administered	71122
by that board shall be paid to the board to cover the costs it	71123
incurs in administering those indigent drivers alcohol treatment	71124
programs.	71125

In addition, upon exhaustion of moneys in the indigent	71126
drivers interlock and alcohol monitoring fund for the use of an	71127
alcohol monitoring device, a county, juvenile, or municipal court	71128
judge may use moneys in the county indigent drivers alcohol	71129
treatment fund, county juvenile indigent drivers alcohol treatment	71130
fund, or municipal indigent drivers alcohol treatment fund in the	71131
following manners:	71132

(a) If the source of the moneys was an appropriation of the	71133
general assembly, a portion of a fee that was paid under division	71134
(F) of this section, a portion of a fine that was specified for	71135
deposit into the fund by section 4511.193 of the Revised Code, or	71136
a portion of a fine that was paid for a violation of section	71137
4511.19 of the Revised Code or of a provision contained in Chapter	71138
4510. of the Revised Code that was required to be deposited into	71139
the fund, to pay for the continued use of an alcohol monitoring	71140
device by an offender or juvenile traffic offender, in conjunction	71141
with a treatment program approved by the department of ~~alcohol and~~	71142
~~drug addiction services~~mental health and addiction services, when	71143
such use is determined clinically necessary by the treatment	71144
program and when the court determines that the offender or	71145
juvenile traffic offender is unable to pay all or part of the	71146
daily monitoring or cost of the device;	71147

(b) If the source of the moneys was a portion of an	71148
additional court cost imposed under section 2949.094 of the	71149
Revised Code, to pay for the continued use of an alcohol	71150
monitoring device by an offender or juvenile traffic offender when	71151
the court determines that the offender or juvenile traffic	71152
offender is unable to pay all or part of the daily monitoring or	71153
cost of the device. The moneys may be used for a device as	71154
described in this division if the use of the device is in	71155
conjunction with a treatment program approved by the department of	71156
~~alcohol and drug addiction services~~mental health and addiction	71157
services, when the use of the device is determined clinically	71158
necessary by the treatment program, but the use of a device is not	71159
required to be in conjunction with a treatment program approved by	71160
the department in order for the moneys to be used for the device	71161
as described in this division.	71162

(4) If a county, juvenile, or municipal court determines, in	71163
consultation with the alcohol and drug addiction services board or	71164
the board of alcohol, drug addiction, and mental health services	71165
established pursuant to section 340.02 or 340.021 of the Revised	71166
Code and serving the alcohol, drug addiction, and mental health	71167
district in which the court is located, that the funds in the	71168
county indigent drivers alcohol treatment fund, the county	71169
juvenile indigent drivers alcohol treatment fund, or the municipal	71170
indigent drivers alcohol treatment fund under the control of the	71171
court are more than sufficient to satisfy the purpose for which	71172
the fund was established, as specified in divisions (H)(1) to (3)	71173
of this section, the court may declare a surplus in the fund. If	71174
the court declares a surplus in the fund, the court may expend the	71175
amount of the surplus in the fund for:	71176

(a) Alcohol and drug abuse assessment and treatment of	71177
persons who are charged in the court with committing a criminal	71178
offense or with being a delinquent child or juvenile traffic	71179
offender and in relation to whom both of the following apply:	71180

(i) The court determines that substance abuse was a	71181
contributing factor leading to the criminal or delinquent activity	71182
or the juvenile traffic offense with which the person is charged.	71183

(ii) The court determines that the person is unable to pay	71184
the cost of the alcohol and drug abuse assessment and treatment	71185
for which the surplus money will be used.	71186

(b) All or part of the cost of purchasing alcohol monitoring	71187
devices to be used in conjunction with division (H)(3) of this	71188
section, upon exhaustion of moneys in the indigent drivers	71189
interlock and alcohol monitoring fund for the use of an alcohol	71190
monitoring device.	71191

(5) For the purpose of determining as described in division	71192
(F)(2)(c) of this section whether an offender does not have the	71193
means to pay for the offender's attendance at an alcohol and drug	71194
addiction treatment program or whether an alleged offender or	71195
delinquent child is unable to pay the costs specified in division	71196
(H)(4) of this section, the court shall use the indigent client	71197
eligibility guidelines and the standards of indigency established	71198
by the state public defender to make the determination.	71199

(6) The court shall identify and refer any ~~alcohol and drug~~	71200
community addiction ~~program~~services provider that is not	71201
certified under section ~~3793.06~~5119.36 of the Revised Code and	71202
that is interested in receiving amounts from the surplus in the	71203
fund declared under division (H)(4) of this section to the	71204
department of ~~alcohol and drug addiction services~~mental health	71205
and addiction services in order for the ~~program~~services provider	71206
to become a certified ~~alcohol and drug~~community addiction	71207
~~program~~services provider. The department shall keep a record of	71208
applicant referrals received pursuant to this division and shall	71209
submit a report on the referrals each year to the general	71210
assembly. If a ~~program~~services provider interested in becoming	71211
certified makes an application to become certified pursuant to	71212
section ~~3793.06~~5119.36 of the Revised Code, the ~~program~~services	71213
provider is eligible to receive surplus funds as long as the	71214
application is pending with the department. The department of	71215
~~alcohol and drug addiction services~~mental health and addiction	71216
services must offer technical assistance to the applicant. If the	71217
interested ~~program~~services provider withdraws the certification	71218
application, the department must notify the court, and the court	71219
shall not provide the interested ~~program~~services provider with	71220
any further surplus funds.	71221

(7)(a) Each alcohol and drug addiction services board and	71222
board of alcohol, drug addiction, and mental health services	71223
established pursuant to section 340.02 or 340.021 of the Revised	71224
Code shall submit to the department of ~~alcohol and drug addiction~~	71225
~~services~~mental health and addiction services an annual report for	71226
each indigent drivers alcohol treatment fund in that board's area.	71227

(b) The report, which shall be submitted not later than sixty	71228
days after the end of the state fiscal year, shall provide the	71229
total payment that was made from the fund, including the number of	71230
indigent consumers that received treatment services and the number	71231
of indigent consumers that received an alcohol monitoring device.	71232
The report shall identify the treatment program and expenditure	71233
for an alcohol monitoring device for which that payment was made.	71234
The report shall include the fiscal year balance of each indigent	71235
drivers alcohol treatment fund located in that board's area. In	71236
the event that a surplus is declared in the fund pursuant to	71237
division (H)(4) of this section, the report also shall provide the	71238
total payment that was made from the surplus moneys and identify	71239
the treatment program and expenditure for an alcohol monitoring	71240
device for which that payment was made. ~~The department may require~~	71241
~~additional information necessary to complete the comprehensive~~	71242
~~statewide alcohol and drug addiction services plan as required by~~	71243
~~section 3793.04 of the Revised Code.~~	71244

(c) If a board is unable to obtain adequate information to	71245
develop the report to submit to the department for a particular	71246
indigent drivers alcohol treatment fund, the board shall submit a	71247
report detailing the effort made in obtaining the information.	71248

(I)(1) Each county shall establish an indigent drivers	71249
interlock and alcohol monitoring fund and a juvenile indigent	71250
drivers interlock and alcohol treatment fund, and each municipal	71251
corporation in which there is a municipal court shall establish an	71252
indigent drivers interlock and alcohol monitoring fund. All	71253
revenue that the general assembly appropriates to the indigent	71254
drivers interlock and alcohol monitoring fund for transfer to a	71255
county indigent drivers interlock and alcohol monitoring fund, a	71256
county juvenile indigent drivers interlock and alcohol monitoring	71257
fund, or a municipal indigent drivers interlock and alcohol	71258
monitoring fund, all portions of license reinstatement fees that	71259
are paid under division (F)(2) of this section and that are	71260
credited under that division to the indigent drivers interlock and	71261
alcohol monitoring fund in the state treasury, and all portions of	71262
fines that are paid under division (G) of section 4511.19 of the	71263
Revised Code and that are credited by division (G)(5)(e) of that	71264
section to the indigent drivers interlock and alcohol monitoring	71265
fund in the state treasury shall be deposited in the appropriate	71266
fund in accordance with division (I)(2) of this section.	71267

(2) That portion of the license reinstatement fee that is	71268
paid under division (F) of this section and that portion of the	71269
fine paid under division (G) of section 4511.19 of the Revised	71270
Code and that is credited under either division to the indigent	71271
drivers interlock and alcohol monitoring fund shall be deposited	71272
into a county indigent drivers interlock and alcohol monitoring	71273
fund, a county juvenile indigent drivers interlock and alcohol	71274
monitoring fund, or a municipal indigent drivers interlock and	71275
alcohol monitoring fund as follows:	71276

(a) If the fee or fine is paid by a person who was charged in	71277
a county court with the violation that resulted in the suspension	71278
or fine, the portion shall be deposited into the county indigent	71279
drivers interlock and alcohol monitoring fund under the control of	71280
that court.	71281

(b) If the fee or fine is paid by a person who was charged in	71282
a juvenile court with the violation that resulted in the	71283
suspension or fine, the portion shall be deposited into the county	71284
juvenile indigent drivers interlock and alcohol monitoring fund	71285
established in the county served by the court.	71286

(c) If the fee or fine is paid by a person who was charged in	71287
a municipal court with the violation that resulted in the	71288
suspension, the portion shall be deposited into the municipal	71289
indigent drivers interlock and alcohol monitoring fund under the	71290
control of that court.	71291

Sec. 4511.69. (A) Every vehicle stopped or parked upon a	71292
roadway where there is an adjacent curb shall be stopped or parked	71293
with the right-hand wheels of the vehicle parallel with and not	71294
more than twelve inches from the right-hand curb, unless it is	71295
impossible to approach so close to the curb; in such case the stop	71296
shall be made as close to the curb as possible and only for the	71297
time necessary to discharge and receive passengers or to load or	71298
unload merchandise. Local authorities by ordinance may permit	71299
angle parking on any roadway under their jurisdiction, except that	71300
angle parking shall not be permitted on a state route within a	71301
municipal corporation unless an unoccupied roadway width of not	71302
less than twenty-five feet is available for free-moving traffic.	71303

(B) Local authorities by ordinance may permit parking of	71304
vehicles with the left-hand wheels adjacent to and within twelve	71305
inches of the left-hand curb of a one-way roadway.	71306

(C)(1)(a) Except as provided in division (C)~~(2)~~(1)(b) of this	71307
section, no vehicle or trackless trolley shall be stopped or	71308
parked on a road or highway with the vehicle or trackless trolley	71309
facing in a direction other than the direction of travel on that	71310
side of the road or highway.	71311

~~(2)~~(b) The operator of a motorcycle may back the motorcycle	71312
into an angled parking space so that when the motorcycle is parked	71313
it is facing in a direction other than the direction of travel on	71314
the side of the road or highway.	71315

(2)(a) The operators of not more than two motorcycles may	71316
back their motorcycles into a parking space that is located on the	71317
side of, and parallel to, a road or highway, and is not metered.	71318
The motorcycles may face any direction when so parked.	71319

(b) The operator of a motorcycle may back the motorcycle into	71320
a parking space that is located on the side of, and parallel to, a	71321
road or highway, and is metered. The motorcycle may face any	71322
direction when so parked. Only one motorcycle at a time shall be	71323
parked in a parking space as described in division (C)(2)(b) of	71324
this section.	71325

(D) Notwithstanding any statute or any rule, resolution, or	71326
ordinance adopted by any local authority, air compressors,	71327
tractors, trucks, and other equipment, while being used in the	71328
construction, reconstruction, installation, repair, or removal of	71329
facilities near, on, over, or under a street or highway, may stop,	71330
stand, or park where necessary in order to perform such work,	71331
provided a flagperson is on duty or warning signs or lights are	71332
displayed as may be prescribed by the director of transportation.	71333

(E) Special parking locations and privileges for persons with	71334
disabilities that limit or impair the ability to walk, also known	71335
as handicapped parking spaces or disability parking spaces, shall	71336
be provided and designated by all political subdivisions and by	71337
the state and all agencies and instrumentalities thereof at all	71338
offices and facilities, where parking is provided, whether owned,	71339
rented, or leased, and at all publicly owned parking garages. The	71340
locations shall be designated through the posting of an elevated	71341
sign, whether permanently affixed or movable, imprinted with the	71342
international symbol of access and shall be reasonably close to	71343
exits, entrances, elevators, and ramps. All elevated signs posted	71344
in accordance with this division and division (C) of section	71345
3781.111 of the Revised Code shall be mounted on a fixed or	71346
movable post, and the distance from the ground to the bottom edge	71347
of the sign shall measure not less than five feet. If a new sign	71348
or a replacement sign designating a special parking location is	71349
posted on or after October 14, 1999, there also shall be affixed	71350
upon the surface of that sign or affixed next to the designating	71351
sign a notice that states the fine applicable for the offense of	71352
parking a motor vehicle in the special designated parking location	71353
if the motor vehicle is not legally entitled to be parked in that	71354
location.	71355

(F)(1) No person shall stop, stand, or park any motor vehicle	71356
at special parking locations provided under division (E) of this	71357
section or at special clearly marked parking locations provided in	71358
or on privately owned parking lots, parking garages, or other	71359
parking areas and designated in accordance with that division,	71360
unless one of the following applies:	71361

(a) The motor vehicle is being operated by or for the	71362
transport of a person with a disability that limits or impairs the	71363
ability to walk and is displaying a valid removable windshield	71364
placard or special license plates;	71365

(b) The motor vehicle is being operated by or for the	71366
transport of a handicapped person and is displaying a parking card	71367
or special handicapped license plates.	71368

(2) Any motor vehicle that is parked in a special marked	71369
parking location in violation of division (F)(1)(a) or (b) of this	71370
section may be towed or otherwise removed from the parking	71371
location by the law enforcement agency of the political	71372
subdivision in which the parking location is located. A motor	71373
vehicle that is so towed or removed shall not be released to its	71374
owner until the owner presents proof of ownership of the motor	71375
vehicle and pays all towing and storage fees normally imposed by	71376
that political subdivision for towing and storing motor vehicles.	71377
If the motor vehicle is a leased vehicle, it shall not be released	71378
to the lessee until the lessee presents proof that that person is	71379
the lessee of the motor vehicle and pays all towing and storage	71380
fees normally imposed by that political subdivision for towing and	71381
storing motor vehicles.	71382

(3) If a person is charged with a violation of division	71383
(F)(1)(a) or (b) of this section, it is an affirmative defense to	71384
the charge that the person suffered an injury not more than	71385
seventy-two hours prior to the time the person was issued the	71386
ticket or citation and that, because of the injury, the person	71387
meets at least one of the criteria contained in division (A)(1) of	71388
section 4503.44 of the Revised Code.	71389

(G) When a motor vehicle is being operated by or for the	71390
transport of a person with a disability that limits or impairs the	71391
ability to walk and is displaying a removable windshield placard	71392
or a temporary removable windshield placard or special license	71393
plates, or when a motor vehicle is being operated by or for the	71394
transport of a handicapped person and is displaying a parking card	71395
or special handicapped license plates, the motor vehicle is	71396
permitted to park for a period of two hours in excess of the legal	71397
parking period permitted by local authorities, except where local	71398
ordinances or police rules provide otherwise or where the vehicle	71399
is parked in such a manner as to be clearly a traffic hazard.	71400

(H) No owner of an office, facility, or parking garage where	71401
special parking locations are required to be designated in	71402
accordance with division (E) of this section shall fail to	71403
properly mark the special parking locations in accordance with	71404
that division or fail to maintain the markings of the special	71405
locations, including the erection and maintenance of the fixed or	71406
movable signs.	71407

(I) Nothing in this section shall be construed to require a	71408
person or organization to apply for a removable windshield placard	71409
or special license plates if the parking card or special license	71410
plates issued to the person or organization under prior law have	71411
not expired or been surrendered or revoked.	71412

(J)(1) Whoever violates division (A) or (C) of this section	71413
is guilty of a minor misdemeanor.	71414

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	71415
section is guilty of a misdemeanor and shall be punished as	71416
provided in division (J)(2)(a) and (b) of this section. Except as	71417
otherwise provided in division (J)(2)(a) of this section, an	71418
offender who violates division (F)(1)(a) or (b) of this section	71419
shall be fined not less than two hundred fifty nor more than five	71420
hundred dollars. An offender who violates division (F)(1)(a) or	71421
(b) of this section shall be fined not more than one hundred	71422
dollars if the offender, prior to sentencing, proves either of the	71423
following to the satisfaction of the court:	71424

(i) At the time of the violation of division (F)(1)(a) of	71425
this section, the offender or the person for whose transport the	71426
motor vehicle was being operated had been issued a removable	71427
windshield placard that then was valid or special license plates	71428
that then were valid but the offender or the person neglected to	71429
display the placard or license plates as described in division	71430
(F)(1)(a) of this section.	71431

(ii) At the time of the violation of division (F)(1)(b) of	71432
this section, the offender or the person for whose transport the	71433
motor vehicle was being operated had been issued a parking card	71434
that then was valid or special handicapped license plates that	71435
then were valid but the offender or the person neglected to	71436
display the card or license plates as described in division	71437
(F)(1)(b) of this section.	71438

(b) In no case shall an offender who violates division	71439
(F)(1)(a) or (b) of this section be sentenced to any term of	71440
imprisonment.	71441

An arrest or conviction for a violation of division (F)(1)(a)	71442
or (b) of this section does not constitute a criminal record and	71443
need not be reported by the person so arrested or convicted in	71444
response to any inquiries contained in any application for	71445
employment, license, or other right or privilege, or made in	71446
connection with the person's appearance as a witness.	71447

The clerk of the court shall pay every fine collected under	71448
division (J)(2) of this section to the political subdivision in	71449
which the violation occurred. Except as provided in division	71450
(J)(2) of this section, the political subdivision shall use the	71451
fine moneys it receives under division (J)(2) of this section to	71452
pay the expenses it incurs in complying with the signage and	71453
notice requirements contained in division (E) of this section. The	71454
political subdivision may use up to fifty per cent of each fine it	71455
receives under division (J)(2) of this section to pay the costs of	71456
educational, advocacy, support, and assistive technology programs	71457
for persons with disabilities, and for public improvements within	71458
the political subdivision that benefit or assist persons with	71459
disabilities, if governmental agencies or nonprofit organizations	71460
offer the programs.	71461

(3) Whoever violates division (H) of this section shall be	71462
punished as follows:	71463

(a) Except as otherwise provided in division (J)(3) of this	71464
section, the offender shall be issued a warning.	71465

(b) If the offender previously has been convicted of or	71466
pleaded guilty to a violation of division (H) of this section or	71467
of a municipal ordinance that is substantially similar to that	71468
division, the offender shall not be issued a warning but shall be	71469
fined not more than twenty-five dollars for each parking location	71470
that is not properly marked or whose markings are not properly	71471
maintained.	71472

(K) As used in this section:

71473

(1) "Handicapped person" means any person who has lost the	71474
use of one or both legs or one or both arms, who is blind, deaf,	71475
or so severely handicapped as to be unable to move without the aid	71476
of crutches or a wheelchair, or whose mobility is restricted by a	71477
permanent cardiovascular, pulmonary, or other handicapping	71478
condition.	71479

(2) "Person with a disability that limits or impairs the	71480
ability to walk" has the same meaning as in section 4503.44 of the	71481
Revised Code.	71482

(3) "Special license plates" and "removable windshield	71483
placard" mean any license plates or removable windshield placard	71484
or temporary removable windshield placard issued under section	71485
4503.41 or 4503.44 of the Revised Code, and also mean any	71486
substantially similar license plates or removable windshield	71487
placard or temporary removable windshield placard issued by a	71488
state, district, country, or sovereignty.	71489

Sec. 4513.60. (A)(1) The sheriff of a county or chief of	71490
police of a municipal corporation, township, or township or joint	71491
police district, within the sheriff's or chief's respective	71492
territorial jurisdiction, upon complaint of any person adversely	71493
affected, may order into storage any motor vehicle, other than an	71494
abandoned junk motor vehicle as defined in section 4513.63 of the	71495
Revised Code, that has been left on private residential or private	71496
agricultural property for at least four hours without the	71497
permission of the person having the right to the possession of the	71498
property. The sheriff or chief of police, upon complaint of the	71499
owner of a repair garage or place of storage, may order into	71500
storage any motor vehicle, other than an abandoned junk motor	71501
vehicle, that has been left at the garage or place of storage for	71502
a longer period than that agreed upon. The place of storage shall	71503
be designated by the sheriff or chief of police. When ordering a	71504
motor vehicle into storage pursuant to this division, a sheriff or	71505
chief of police, whenever possible, shall arrange for the removal	71506
of the motor vehicle by a private tow truck operator or towing	71507
company. Subject to division (C) of this section, the owner of a	71508
motor vehicle that has been removed pursuant to this division may	71509
recover the vehicle only in accordance with division (E) of this	71510
section.	71511

(2) Divisions (A)(1) to (3) of this section do not apply to	71512
any private residential or private agricultural property that is	71513
established as a private tow-away zone in accordance with division	71514
(B) of this section.	71515

(3) As used in divisions (A)(1) and (2) of this section,	71516
"private residential property" means private property on which is	71517
located one or more structures that are used as a home, residence,	71518
or sleeping place by one or more persons, if no more than three	71519
separate households are maintained in the structure or structures.	71520
"Private residential property" does not include any private	71521
property on which is located one or more structures that are used	71522
as a home, residence, or sleeping place by two or more persons, if	71523
more than three separate households are maintained in the	71524
structure or structures.	71525

(B)(1) The owner of private property may establish a private	71526
tow-away zone only if all of the following conditions are	71527
satisfied:	71528

(a) The owner posts on the owner's property a sign, that is	71529
at least eighteen inches by twenty-four inches in size, that is	71530
visible from all entrances to the property, and that contains at	71531
least all of the following information:	71532

(i) A notice that the property is a private tow-away zone	71533
~~and~~, that vehicles not authorized to park on the property will be	71534
towed away, and that abandoned unclaimed motor vehicles may result	71535
in ownership interest for the tower under section 4505.101 of the	71536
Revised Code;	71537

(ii) The telephone number of the person from whom a	71538
towed-away vehicle can be recovered, and the address of the place	71539
to which the vehicle will be taken and the place from which it may	71540
be recovered;	71541

(iii) A statement that the vehicle may be recovered at any	71542
time during the day or night upon the submission of proof of	71543
ownership and the payment of a towing charge, in an amount not to	71544
exceed ninety dollars, and a storage charge, in an amount not to	71545
exceed twelve dollars per twenty-four-hour period; except that the	71546
charge for towing shall not exceed one hundred fifty dollars, and	71547
the storage charge shall not exceed twenty dollars per	71548
twenty-four-hour period, if the vehicle has a manufacturer's gross	71549
vehicle weight rating in excess of ten thousand pounds and is a	71550
truck, bus, or a combination of a commercial tractor and trailer	71551
or semitrailer.	71552

(b) The place to which the towed vehicle is taken and from	71553
which it may be recovered is conveniently located, is well	71554
lighted, and is on or within a reasonable distance of a regularly	71555
scheduled route of one or more modes of public transportation, if	71556
any public transportation is available in the municipal	71557
corporation or township in which the private tow-away zone is	71558
located.	71559

(2) If a vehicle is parked on private property that is	71560
established as a private tow-away zone in accordance with division	71561
(B)(1) of this section, without the consent of the owner of the	71562
property or in violation of any posted parking condition or	71563
regulation, the owner or the owner's agent may remove, or cause	71564
the removal of, the vehicle, the owner and the operator of the	71565
vehicle shall be deemed to have consented to the removal and	71566
storage of the vehicle, to the possible ownership interest for the	71567
tower as specified in division (B)(1)(a)(i) of this section, and	71568
to the payment of the towing and storage charges specified in	71569
division (B)(1)(a)(iii) of this section, and the owner, subject to	71570
division (C) of this section, may recover a vehicle that has been	71571
so removed only in accordance with division (E) of this section.	71572

(3) If a municipal corporation requires tow trucks and tow	71573
truck operators to be licensed, no owner of private property	71574
located within the municipal corporation shall remove, or shall	71575
cause the removal and storage of, any vehicle pursuant to division	71576
(B)(2) of this section by an unlicensed tow truck or unlicensed	71577
tow truck operator.	71578

(4) Divisions (B)(1) to (3) of this section do not affect or	71579
limit the operation of division (A) of this section or sections	71580
4513.61 to 4513.65 of the Revised Code as they relate to property	71581
other than private property that is established as a private	71582
tow-away zone under division (B)(1) of this section.	71583

(C) If the owner or operator of a motor vehicle that has been	71584
ordered into storage pursuant to division (A)(1) of this section	71585
or of a vehicle that is being removed under authority of division	71586
(B)(2) of this section arrives after the motor vehicle or vehicle	71587
has been prepared for removal, but prior to its actual removal	71588
from the property, the owner or operator shall be given the	71589
opportunity to pay a fee of not more than one-half of the charge	71590
for the removal of motor vehicles under division (A)(1) of this	71591
section or of vehicles under division (B)(2) of this section,	71592
whichever is applicable, that normally is assessed by the person	71593
who has prepared the motor vehicle or vehicle for removal, in	71594
order to obtain release of the motor vehicle or vehicle. Upon	71595
payment of that fee, the motor vehicle or vehicle shall be	71596
released to the owner or operator, and upon its release, the owner	71597
or operator immediately shall move it so that:	71598

(1) If the motor vehicle was ordered into storage pursuant to	71599
division (A)(1) of this section, it is not on the private	71600
residential or private agricultural property without the	71601
permission of the person having the right to possession of the	71602
property, or is not at the garage or place of storage without the	71603
permission of the owner, whichever is applicable.	71604

(2) If the vehicle was being removed under authority of	71605
division (B)(2) of this section, it is not parked on the private	71606
property established as a private tow-away zone without the	71607
consent of the owner or in violation of any posted parking	71608
condition or regulation.	71609

(D)(1) If an owner of private property that is established as	71610
a private tow-away zone in accordance with division (B)(1) of this	71611
section or the authorized agent of such an owner removes or causes	71612
the removal of a vehicle from that property under authority of	71613
division (B)(2) of this section, the owner or agent promptly shall	71614
notify the police department of the municipal corporation,	71615
township, or township or joint police district in which the	71616
property is located, of the removal, the vehicle's license number,	71617
make, model, and color, the location from which it was removed,	71618
the date and time of its removal, the telephone number of the	71619
person from whom it may be recovered, and the address of the place	71620
to which it has been taken and from which it may be recovered.	71621

(2) Each county sheriff and each chief of police of a	71622
municipal corporation, township, or township or joint police	71623
district shall maintain a record of motor vehicles that the	71624
sheriff or chief orders into storage pursuant to division (A)(1)	71625
of this section and of vehicles removed from private property in	71626
the sheriff's or chief's jurisdiction that is established as a	71627
private tow-away zone of which the sheriff or chief has received	71628
notice under division (D)(1) of this section. The record shall	71629
include an entry for each such motor vehicle or vehicle that	71630
identifies the motor vehicle's or vehicle's license number, make,	71631
model, and color, the location from which it was removed, the date	71632
and time of its removal, the telephone number of the person from	71633
whom it may be recovered, and the address of the place to which it	71634
has been taken and from which it may be recovered. Any information	71635
in the record that pertains to a particular motor vehicle or	71636
vehicle shall be provided to any person who, either in person or	71637
pursuant to a telephone call, identifies self as the owner or	71638
operator of the motor vehicle or vehicle and requests information	71639
pertaining to its location.	71640

(3) Any person who registers a complaint that is the basis of	71641
a sheriff's or police chief's order for the removal and storage of	71642
a motor vehicle under division (A)(1) of this section shall	71643
provide the identity of the law enforcement agency with which the	71644
complaint was registered to any person who identifies self as the	71645
owner or operator of the motor vehicle and requests information	71646
pertaining to its location.	71647

(E) The owner of a motor vehicle that is ordered into storage	71648
pursuant to division (A)(1) of this section or of a vehicle that	71649
is removed under authority of division (B)(2) of this section may	71650
reclaim it upon payment of any expenses or charges incurred in its	71651
removal, in an amount not to exceed ninety dollars, and storage,	71652
in an amount not to exceed twelve dollars per twenty-four-hour	71653
period; except that the charge for towing shall not exceed one	71654
hundred fifty dollars, and the storage charge shall not exceed	71655
twenty dollars per twenty-four-hour period, if the vehicle has a	71656
manufacturer's gross vehicle weight rating in excess of ten	71657
thousand pounds and is a truck, bus, or a combination of a	71658
commercial tractor and trailer or semitrailer. Presentation of	71659
proof of ownership, which may be evidenced by a certificate of	71660
title to the motor vehicle or vehicle also shall be required for	71661
reclamation of the vehicle. If a motor vehicle that is ordered	71662
into storage pursuant to division (A)(1) of this section remains	71663
unclaimed by the owner for thirty days, the procedures established	71664
by sections 4513.61 and 4513.62 of the Revised Code shall apply.	71665

(F) No person shall remove, or cause the removal of, any	71666
vehicle from private property that is established as a private	71667
tow-away zone under division (B)(1) of this section other than in	71668
accordance with division (B)(2) of this section, and no person	71669
shall remove, or cause the removal of, any motor vehicle from any	71670
other private property other than in accordance with division	71671
(A)(1) of this section or sections 4513.61 to 4513.65 of the	71672
Revised Code.	71673

(G) Whoever violates division (B)(3) or (F) of this section	71674
is guilty of a minor misdemeanor.	71675

Sec. 4513.61. The sheriff of a county or chief of police of	71676
a municipal corporation, township, or township or joint police	71677
district, within the sheriff's or chief's respective territorial	71678
jurisdiction, ~~or a~~the superintendent of the state highway patrol	71679
~~trooper~~or their designee, upon notification to the sheriff or	71680
chief of police of such action and of the location of the place of	71681
storage, may order into storage any motor vehicle, including an	71682
abandoned junk motor vehicle as defined in section 4513.63 of the	71683
Revised Code, that has come into the possession of the sheriff,	71684
chief of police, or ~~state highway patrol trooper~~the	71685
superintendent as a result of the performance of the sheriff's,	71686
chief's, or ~~trooper's~~state highway patrol's duties or that has	71687
been left on a public street or other property open to the public	71688
for purposes of vehicular travel, or upon or within the	71689
right-of-way of any road or highway, for forty-eight hours or	71690
longer without notification to the sheriff or, chief of police,	71691
or the superintendent of the reasons for leaving the motor vehicle	71692
in such place, except that when such a motor vehicle constitutes	71693
an obstruction to traffic it may be ordered into storage	71694
immediately. The sheriff or, chief of police, superintendent, or	71695
their designee shall designate the place of storage of any motor	71696
vehicle so ordered removed.	71697

The sheriff or, chief of police, superintendent, or their	71698
designee immediately shall cause a search to be made of the	71699
records of the bureau of motor vehicles to ascertain the owner and	71700
any lienholder of a motor vehicle ordered into storage by the	71701
sheriff or, chief of police, ~~or by a state highway patrol trooper~~	71702
superintendent, or their designee, and, if known, shall send or	71703
cause to be sent notice to the owner or lienholder at the owner's	71704
or lienholder's last known address by certified mail with return	71705
receipt requested, that the motor vehicle will be declared a	71706
nuisance and disposed of if not claimed within ten days of the	71707
date of mailing of the notice. The owner or lienholder of the	71708
motor vehicle may reclaim it upon payment of any expenses or	71709
charges incurred in its removal and storage, and presentation of	71710
proof of ownership, which may be evidenced by a certificate of	71711
title or memorandum certificate of title to the motor vehicle. If	71712
the owner or lienholder of the motor vehicle reclaims it after a	71713
search of the records of the bureau has been conducted and after	71714
notice has been sent to the owner or lienholder as described in	71715
this section, and the search was conducted by the owner of the	71716
place of storage or the owner's employee, and the notice was sent	71717
to the motor vehicle owner by the owner of the place of storage or	71718
the owner's employee, the owner or lienholder shall pay to the	71719
place of storage a processing fee of twenty-five dollars, in	71720
addition to any expenses or charges incurred in the removal and	71721
storage of the vehicle.	71722

If the owner or lienholder makes no claim to the motor	71723
vehicle within ten days of the date of mailing of the notice, and	71724
if the vehicle is to be disposed of at public auction as provided	71725
in section 4513.62 of the Revised Code, the sheriff or, chief of	71726
police, superintendent, or their designee, without charge to any	71727
party, shall file with the clerk of courts of the county in which	71728
the place of storage is located an affidavit showing compliance	71729
with the requirements of this section. Upon presentation of the	71730
affidavit, the clerk, without charge, shall issue a salvage	71731
certificate of title, free and clear of all liens and	71732
encumbrances, to the sheriff or, chief of police, superintendent,	71733
or their designee. If the vehicle is to be disposed of to a motor	71734
vehicle salvage dealer or other facility as provided in section	71735
4513.62 of the Revised Code, the sheriff, chief of police,	71736
superintendent, or their designee shall execute in triplicate an	71737
affidavit, as prescribed by the registrar of motor vehicles,	71738
describing the motor vehicle and the manner in which it was	71739
disposed of, and that all requirements of this section have been	71740
complied with. The sheriff or, chief of police, the	71741
superintendent, or their designee shall retain the original of the	71742
affidavit for the sheriff's or, chief's, or superintendent's	71743
records, and shall furnish two copies to the motor vehicle salvage	71744
dealer or other facility. Upon presentation of a copy of the	71745
affidavit by the motor vehicle salvage dealer, the clerk of	71746
courts, within thirty days of the presentation, shall issue to	71747
such owner a salvage certificate of title, free and clear of all	71748
liens and encumbrances.	71749

Whenever a motor vehicle salvage dealer or other facility	71750
receives an affidavit for the disposal of a motor vehicle as	71751
provided in this section, the dealer or facility shall not be	71752
required to obtain an Ohio certificate of title to the motor	71753
vehicle in the dealer's or facility's own name if the vehicle is	71754
dismantled or destroyed and both copies of the affidavit are	71755
delivered to the clerk of courts.	71756

Sec. 4513.62. Unclaimed motor vehicles ordered into storage	71757
pursuant to division (A)(1) of section 4513.60 or section 4513.61	71758
of the Revised Code shall be disposed of at the order of the	71759
sheriff of the county or, the chief of police of the municipal	71760
corporation, township, or township or joint police district, the	71761
superintendent of the state highway patrol, or their designee to a	71762
motor vehicle salvage dealer or scrap metal processing facility as	71763
defined in section 4737.05 of the Revised Code, or to any other	71764
facility owned by or under contract with the county, municipal	71765
corporation, or township, for the disposal of such motor vehicles,	71766
or shall be sold by the sheriff, chief of police, superintendent,	71767
their designee, or licensed auctioneer at public auction, after	71768
giving notice thereof by advertisement, published once a week for	71769
two successive weeks in a newspaper of general circulation in the	71770
county or as provided in section 7.16 of the Revised Code. Any	71771
moneys accruing from the disposition of an unclaimed motor vehicle	71772
that are in excess of the expenses resulting from the removal and	71773
storage of the vehicle shall be credited to the general fund of	71774
the county, municipal corporation, township, or joint police	71775
district, or state as the case may be.	71776

Sec. 4701.03. (A) The accountancy board annually shall elect	71777
a president, secretary, and treasurer from its members. The board	71778
may adopt and amend rules for the orderly conduct of its affairs	71779
and for the administration of this chapter. The board may adopt	71780
and amend rules defining the practice of public accounting, rules	71781
of professional conduct appropriate to establish and maintain a	71782
high standard of integrity and dignity in registrants and	71783
certificate holders under this chapter, and rules regulating the	71784
sole proprietorship, partnership, limited liability company,	71785
professional association, corporation-for-profit, or other legal	71786
entity practice of public accounting. A majority of the board	71787
shall constitute a quorum for the transaction of business.	71788

(B) The board shall keep and hold open for public inspection	71789
all records of its proceedings.	71790

(C) The board may employ any clerks that are necessary to	71791
assist it in the performance of its duties and the keeping of its	71792
records. If the board employs an executive director, the board	71793
shall pay the executive director ~~shall be paid~~ in accordance with	71794
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	71795
~~Code, or, if the director was employed and being paid on June 28,~~	71796
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	71797
~~former section 124.152 of the Revised Code and continued to be so~~	71798
~~paid on June 29, 2003, the executive director shall be paid in~~	71799
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	71800
~~only of~~ section 124.152 of the Revised Code.	71801

Sec. 4707.02. (A) No person shall act as an auction firm,	71802
auctioneer, apprentice auctioneer, or special auctioneer within	71803
this state without a license issued by the department of	71804
agriculture. No auction shall be conducted in this state except by	71805
an auctioneer licensed by the department.	71806

The department shall not issue or renew a license if the	71807
applicant or licensee has been convicted of a felony or crime	71808
involving fraud or theft in this or another state at any time	71809
during the ten years immediately preceding application or renewal.	71810

(B) Division (A) of this section does not apply to any of the	71811
following:	71812

(1) Sales at auction that either are required by law to be at	71813
auction, other than sales pursuant to a judicial order or decree,	71814
or are conducted by or under the direction of a public authority;	71815

(2) The owner of any real or personal property desiring to	71816
sell the property at auction, provided that the property was not	71817
acquired for the purpose of resale;	71818

(3) An auction mediation company;

71819

(4) An auction that is conducted in a course of study for	71820
auctioneers that is approved by the state auctioneers commission	71821
created under section 4707.03 of the Revised Code for purposes of	71822
student training and is supervised by a licensed auctioneer;	71823

(5)(a) An auction that is sponsored by a nonprofit or	71824
charitable organization that is registered in this state under	71825
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	71826
if the auction only involves the property of the members of the	71827
organization and the auction is part of a fair that is organized	71828
by an agricultural society under Chapter 1711. of the Revised Code	71829
or by the Ohio expositions commission under Chapter 991. of the	71830
Revised Code at which an auctioneer who is licensed under this	71831
chapter physically conducts the auction; or	71832

(b) Sales at an auction sponsored by a charitable, religious,	71833
or civic organization that is tax exempt under subsection	71834
501(c)(3) of the Internal Revenue Code, or by a public school,	71835
chartered nonpublic school, or community school, if no person in	71836
the business of organizing, arranging, or conducting an auction	71837
for compensation and no consignor of consigned items sold at the	71838
auction, except such organization or school, receives compensation	71839
from the proceeds of the auction. As used in division (B)(5)(b) of	71840
this section, "compensation" means money, a thing of value other	71841
than participation in a charitable event, or a financial benefit.	71842

(6) A person licensed as a livestock dealer under Chapter	71843
943. of the Revised Code who exclusively sells livestock and uses	71844
an auctioneer who is licensed under this chapter to conduct the	71845
auction;	71846

(7) A person licensed as a motor vehicle auction owner under	71847
Chapter 4517. of the Revised Code who exclusively sells motor	71848
vehicles to a person licensed under Chapter 4517. of the Revised	71849
Code and who uses an auctioneer who is licensed under this chapter	71850
to conduct the auction;	71851

(8) A person who sells real or personal property by means of	71852
the internet;	71853

(9) A bid calling contest that is approved by the commission	71854
and that is conducted for the purposes of the advancement or	71855
promotion of the auction profession in this state, provided that	71856
no compensation is paid to the sponsor of or participants in the	71857
contest other than a prize or award for winning the contest;	71858

(10) An auction at which the champion of a national or	71859
international bid calling contest appears, provided that both of	71860
the following apply:	71861

(a) The champion is not paid a commission.

71862

(b) The auction is conducted under the direct supervision of	71863
an auctioneer licensed under this chapter in order to ensure that	71864
the champion complies with this chapter and rules adopted under	71865
it.	71866

(C)(1) No person shall advertise or hold oneself out as an	71867
auction firm, auctioneer, apprentice auctioneer, or special	71868
auctioneer without a license issued by the department of	71869
agriculture.	71870

(2) Division (C)(1) of this section does not apply to an	71871
individual who is the subject of an advertisement regarding an	71872
auction conducted under division (B)(5)(b) of this section.	71873

Sec. 4707.073. (A) No corporation, limited liability company,	71874
general or limited partnership, or unincorporated association	71875
shall act or hold itself out as an auctioneer without a valid	71876
auctioneer's license issued under this section. This section does	71877
not apply to a person who is issued a license under section	71878
4707.071 of the Revised Code.	71879

(B) The department of agriculture may grant an auctioneer's	71880
license to a corporation, limited liability company, general or	71881
limited partnership, or unincorporated association that is	71882
determined to be qualified by the department. Every applicant for	71883
a license under this section shall furnish to the department, on	71884
forms provided by the department, satisfactory proof that the	71885
applicant:	71886

(1) Is in good standing with the secretary of state if the	71887
applicant is a corporation;	71888

(2) Is of trustworthy character;

71889

(3) Has provided proof of financial responsibility as	71890
required in section 4707.11 of the Revised Code;	71891

(4) Is registered with the secretary of state or a local	71892
authority, as applicable, to do business in this state;	71893

(5) Has complied with any other requirement that the director	71894
establishes in rules adopted under section 4707.19 of the Revised	71895
Code.	71896

(C) An application submitted under this section shall list	71897
the names of all of the owners, directors, partners, or members of	71898
the applicant, as applicable, and shall indicate those that have	71899
an auctioneer's license issued under section 4707.07 of the	71900
Revised Code.	71901

(D)~~(1)~~ The department shall not issue a license under this	71902
section unless one of the following applies, as applicable:	71903

~~(a)~~(1) If the applicant is a limited liability company or a	71904
general or limited partnership, not less than fifty per cent of	71905
the members or general partners have a current license issued	71906
under section 4707.07 of the Revised Code.	71907

~~(b)~~(2) If the applicant is a corporation, not less than fifty	71908
per cent of the directors and the president or chief executive	71909
have a current license issued under section 4707.07 of the Revised	71910
Code.	71911

~~(c)~~(3) If the applicant is an unincorporated association, not	71912
less than fifty per cent of the members have a current license	71913
issued under section 4707.07 of the Revised Code.	71914

Failure of a corporation, limited liability company,	71915
partnership, or unincorporated association to maintain the	71916
applicable requirements of this division after the issuance of a	71917
license under this section may be sufficient cause for the	71918
revocation of the license under section 4707.15 of the Revised	71919
Code.	71920

~~(2) Not later than two years after the effective date of this~~	71921
~~section, a corporation, partnership, or unincorporated association~~	71922
~~that was issued a license under section 4707.07 of the Revised~~	71923
~~Code on or before the effective date of this section shall comply~~	71924
~~with the requirements established in division (D)(1) of this~~	71925
~~section. If such a corporation, partnership, or unincorporated~~	71926
~~association fails to comply with those requirements, the license~~	71927
~~of the corporation, partnership, or unincorporated association~~	71928
~~immediately shall terminate.~~	71929

(E) Upon the issuance of a license under this section, a	71930
corporation, limited liability company, partnership, or	71931
unincorporated association shall designate an individual from	71932
among its directors, partners, or members who is licensed under	71933
section 4707.07 of the Revised Code as its agent for purposes of	71934
communication with the department. If that individual ceases to be	71935
the agent, the corporation, limited liability company,	71936
partnership, or unincorporated association shall notify the	71937
department not later than ten days after the day on which the	71938
individual ceases to be the agent. Upon notification to the	71939
department, the license of the corporation, limited liability	71940
company, partnership, or unincorporated association, as	71941
applicable, immediately shall terminate. If the corporation,	71942
limited liability company, partnership, or unincorporated	71943
association notifies the department of the designation of a new	71944
agent in accordance with the requirements of this division and	71945
pays a fee in the amount of ten dollars, the department shall	71946
issue the corporation, limited liability company, partnership, or	71947
unincorporated association a new license.	71948

(F) This section does not preclude a corporation, limited	71949
liability company, partnership, or unincorporated association from	71950
selling real property at auction, provided that the requirements	71951
of this section and section 4707.021 and Chapter 4735. of the	71952
Revised Code are satisfied.	71953

(G) A person licensed as a real estate broker under Chapter	71954
4735. of the Revised Code shall not be required to obtain a	71955
license under this section if the person complies with sections	71956
4707.021 and 4707.22 of the Revised Code.	71957

Sec. 4707.10. (A) The fee for each apprentice auctioneer's	71958
or auction firm license issued by the department of agriculture is	71959
one hundred dollars, and the annual renewal fee for any such	71960
license is one hundred dollars. All licenses expire annually on	71961
the last day of June of each year and shall be renewed according	71962
to the standard renewal procedures of Chapter 4745. of the Revised	71963
Code, or the procedures of this section. Any licensee under this	71964
chapter who wishes to renew the licensee's license, but fails to	71965
do so before the first day of July shall reapply for licensure in	71966
the same manner and pursuant to the same requirements as for	71967
initial licensure, unless before the first day of September of the	71968
year of expiration, the former licensee pays to the department, in	71969
addition to the regular renewal fee, a late renewal penalty of one	71970
hundred dollars.	71971

(B)(1) Each person to whom the department issues an	71972
auctioneer's license or special auctioneer's license shall pay a	71973
licensure fee. Those licenses are biennial and expire in	71974
accordance with the schedule established in division (B)(2) of	71975
this section. If such a license is issued during the first year of	71976
a biennium, the licensee shall pay a fee in the amount of two	71977
hundred dollars. If the license is issued during the second year	71978
of a biennium, the licensee shall pay a fee in the amount of one	71979
hundred dollars. With respect to an auctioneer's license, the fees	71980
apply regardless of whether the license is issued to an individual	71981
under section 4707.07 of the Revised Code or to a corporation,	71982
limited liability company, partnership, or association under	71983
section 4707.073 of the Revised Code.	71984

All auctioneer's licenses and special auctioneer's licenses	71985
expire on the last day of June of the biennium. The licenses shall	71986
be renewed in accordance with the standard renewal procedures of	71987
Chapter 4745. of the Revised Code or the procedures in this	71988
section and upon the licensee's payment to the department of a	71989
renewal fee of two hundred dollars. A licensee who wishes to renew	71990
the licensee's license, but who fails to do so before the first	71991
day of July following the license's expiration, shall reapply for	71992
licensure in the same manner and pursuant to the same requirements	71993
as for the initial licensure unless before the first day of	71994
September following the expiration, the former licensee pays to	71995
the department, in addition to the regular renewal fee, a late	71996
renewal penalty of one hundred dollars.	71997

(2) The biennial expiration of an auctioneer's license or	71998
special auctioneer's license shall occur in accordance with the	71999
following schedule:	72000

(a) The license shall expire in odd-numbered years if the	72001
business name or last name, as applicable, of the licensee begins	72002
with the letters "A" through "J" or with the letters "X" through	72003
"Z."	72004

(b) The license shall expire in even-numbered years if the	72005
business name or last name, as applicable, of the licensee begins	72006
with the letters "K" through "W."	72007

(C) Any person who fails to renew the person's license before	72008
the first day of July is prohibited from engaging in any activity	72009
specified or comprehended in section 4707.01 of the Revised Code	72010
until such time as the person's license is renewed or a new	72011
license is issued. Renewal of a license between the first day of	72012
July and the first day of September does not relieve any person	72013
from complying with this division. The department may refuse to	72014
renew the license of or issue a new license to any person who	72015
violates this division.	72016

(D) The department shall prepare and deliver to each licensee	72017
a permanent license certificate and an identification card, the	72018
appropriate portion of which shall be carried on the person of the	72019
licensee at all times when engaged in any type of auction	72020
activity, and part of which shall be posted with the permanent	72021
certificate in a conspicuous location at the licensee's place of	72022
business.	72023

(E) Notice in writing shall be given to the department by	72024
each auctioneer or apprentice auctioneer licensee of any change of	72025
principal business location or any change or addition to the name	72026
or names under which business is conducted, whereupon the	72027
department shall issue a new license for the unexpired period. Any	72028
change of business location or change or addition of names without	72029
notification to the department shall automatically cancel any	72030
license previously issued. For each new ~~auctioneer~~auctioneer's or	72031
apprentice ~~auctioneer~~auctioneer's license issued upon the	72032
occasion of a change in business location or a change in or an	72033
addition of names under which business is conducted, the	72034
department may collect a fee of ten dollars for each change in	72035
location, or name or each added name unless the notification of	72036
the change occurs concurrently with the renewal application or	72037
unless otherwise provided in section 4707.07 of the Revised Code.	72038

Sec. 4709.11. Every license issued pursuant to this chapter	72039
expires on the thirty-first day of August of each even-numbered	72040
year. Each licensee desiring to do so shall, on or before the	72041
first day of September of each even-numbered year, renew ~~his~~the	72042
licensee's license pursuant to the standard renewal procedure of	72043
Chapter 4745. of the Revised Code. Any holder of an expired	72044
license shall restore ~~his~~the holder's license before continuing	72045
the practice of barbering or the activity for which hethe holder	72046
is licensed under this chapter and pay the appropriate restoration	72047
fee. If the person fails to restore ~~his~~the person's license	72048
within ~~three~~six years, hethe person shall pay any required	72049
restoration fee and take any examination required for the license	72050
under this chapter.	72051

Sec. 4715.36. As used in this section and sections 4715.361	72052
to 4715.374 of the Revised Code:	72053

(A) "Accredited dental hygiene school" means a dental hygiene	72054
school accredited by the American dental association commission on	72055
dental accreditation or a dental hygiene school whose educational	72056
standards are recognized by the American dental association	72057
commission on dental accreditation and approved by the state	72058
dental board.	72059

(B) "Authorizing dentist" means a dentist who authorizes a	72060
dental hygienist to perform dental hygiene services under section	72061
4715.365 of the Revised Code.	72062

(C) "Clinical evaluation" means a diagnosis and treatment	72063
plan formulated for an individual patient by a dentist.	72064

(D) "Dentist" means an individual licensed under this chapter	72065
to practice dentistry.	72066

(E) "Dental hygienist" means an individual licensed under	72067
this chapter to practice as a dental hygienist.	72068

(F) "Dental hygiene services" means the prophylactic,	72069
preventive, and other procedures that dentists are authorized by	72070
this chapter and rules of the state dental board to assign to	72071
dental hygienists, except for procedures while a patient is	72072
anesthetized, definitive root planing, definitive subgingival	72073
curettage, the administration of local anesthesia, and the	72074
procedures specified in rules adopted by the board as described in	72075
division (C)(4) of section 4715.22 of the Revised Code.	72076

(G) "Facility" means any of the following:

72077

(1) A health care facility, as defined in section 4715.22 of	72078
the Revised Code;	72079

(2) A state correctional institution, as defined in section	72080
2967.01 of the Revised Code;	72081

(3) A comprehensive child development program that receives	72082
funds distributed under the "Head Start Act," 95 Stat. 499 (1981),	72083
42 U.S.C. 9831, as amended, and is licensed as a child day-care	72084
center;	72085

(4) A residential facility licensed under section 5123.19 of	72086
the Revised Code;	72087

(5) A public school, as defined in section 3701.93 of the	72088
Revised Code, located in an area designated as a dental health	72089
resource shortage area pursuant to section 3702.87 of the Revised	72090
Code;	72091

(6) A nonpublic school, as defined in section 3701.93 of the	72092
Revised Code, located in an area designated as a dental health	72093
resource shortage area pursuant to section 3702.87 of the Revised	72094
Code;	72095

(7) A federally qualified health center or federally	72096
qualified health center look-alike, as defined in section 3701.047	72097
of the Revised Code;	72098

(8) A shelter for victims of domestic violence, as defined in	72099
section 3113.33 of the Revised Code;	72100

(9) A facility operated by the department of youth services	72101
under Chapter 5139. of the Revised Code;	72102

(10) ~~A shelter for runaways, as defined in section 5119.64 of~~	72103
~~the Revised Code;~~	72104

~~(11)~~ A foster home, as defined in section 5103.02 of the	72105
Revised Code;	72106

~~(12)~~(11) A nonprofit clinic, as defined in section 3715.87 of	72107
the Revised Code;	72108

~~(13)~~(12) The residence of one or more individuals receiving	72109
services provided by a home health agency, as defined in section	72110
5101.61 of the Revised Code;	72111

~~(14)~~(13) A dispensary;

72112

~~(15)~~(14) A health care facility, such as a clinic or	72113
hospital, of the United States department of veterans affairs;	72114

~~(16)~~(15) The residence of one or more individuals enrolled in	72115
a home and community-based services medicaid waiver component, as	72116
defined in section ~~5111.851~~5166.01 of the Revised Code;	72117

~~(17)~~(16) A facility operated by the board of health of a city	72118
or general health district or the authority having the duties of a	72119
board of health under section 3709.05 of the Revised Code;	72120

~~(18)~~(17) A women, infants, and children clinic;

72121

~~(19)~~(18) A mobile dental unit located at any location listed	72122
in divisions (G)(1) to ~~(18)~~(17) of this section;	72123

~~(20)~~(19) Any other location, as specified by the state dental	72124
board in rules adopted under section 4715.372 of the Revised Code,	72125
that is in an area designated as a dental health resource shortage	72126
area pursuant to section 3702.87 of the Revised Code and provides	72127
health care services to individuals who are medicaid recipients of	72128
~~medical assistance under the medicaid program established pursuant~~	72129
~~to Chapter 5111. of the Revised Code~~ and to indigent and uninsured	72130
persons, as defined in section 2305.234 of the Revised Code.	72131

Sec. 4715.372. (A) The state dental board shall adopt rules	72132
in accordance with Chapter 119. of the Revised Code as necessary	72133
to implement the oral health access supervision program, including	72134
rules that do all of the following:	72135

(1) For the purpose of division (G)~~(20)~~(19) of section	72136
4715.36 of the Revised Code, designate additional facilities at	72137
which a dental hygienist may be authorized to perform dental	72138
hygiene services under the oral health access supervision program;	72139

(2) For the purpose of section 4715.362 of the Revised Code,	72140
prescribe the application form and requirements for obtaining an	72141
oral health access supervision permit;	72142

(3) For the purpose of section 4715.363 of the Revised Code,	72143
prescribe the application form for a permit to practice as a	72144
dental hygienist under the oral health access supervision of a	72145
dentist;	72146

(4) For the purpose of division (B)(3) of section 4715.363 of	72147
the Revised Code and subject to division (B) of this section,	72148
establish standards for the course in the practice of dental	72149
hygiene under oral health access supervision;	72150

(5) For the purpose of section 4715.369 of the Revised Code,	72151
prescribe the form for renewal of an oral health access	72152
supervision permit;	72153

(6) For the purpose of section 4715.37 of the Revised Code,	72154
prescribe the form for renewal of a permit to practice as a dental	72155
hygienist under the oral health access supervision of a dentist.	72156

(B) The course in the practice of dental hygiene under oral	72157
health access supervision for which the board establishes	72158
standards under division (A)(4) of this section shall meet all of	72159
the following requirements:	72160

(1) Be eight hours in length;

72161

(2) Include, at a minimum, instruction in both of the	72162
following:	72163

(a) The treatment of geriatric patients, medically	72164
compromised patients, developmentally disabled patients, and	72165
pediatric patients;	72166

(b) Recordkeeping practices.

72167

(3) Be developed and offered by an institution accredited by	72168
the American dental association commission on dental accreditation	72169
or a program provided by a sponsor of continuing education	72170
approved by the board;	72171

(4) Include content that is separate and independent from the	72172
course content required for the completion of dental hygiene	72173
education from an accredited dental hygiene school.	72174

Sec. 4717.03. (A) Members of the board of embalmers and	72175
funeral directors shall annually in July, or within thirty days	72176
after the senate's confirmation of the new members appointed in	72177
that year, meet and organize by selecting from among its members a	72178
president, vice-president, and secretary-treasurer. The board may	72179
hold other meetings as it determines necessary. A quorum of the	72180
board consists of four members, of whom at least three shall be	72181
members who are embalmers and funeral directors. The concurrence	72182
of at least four members is necessary for the board to take any	72183
action. The president and secretary-treasurer shall sign all	72184
licenses issued under this chapter and affix the board's seal to	72185
each license.	72186

(B) The board may appoint an individual who is not a member	72187
of the board to serve as executive director of the board. The	72188
executive director serves at the pleasure of the board and shall	72189
do all of the following:	72190

(1) Serve as the board's chief administrative officer;

72191

(2) Act as custodian of the board's records;

72192

(3) Execute all of the board's orders;

72193

(4) Employ staff who are not members of the board and who	72194
serve at the pleasure of the executive director to provide any	72195
assistance that the board considers necessary.	72196

(C) In executing the board's orders as required by division	72197
(B)(3) of this section, the executive director may enter the	72198
premises, establishment, office, or place of business of any	72199
embalmer, funeral director, or operator of a crematory facility in	72200
this state. The executive director may serve and execute any	72201
process issued by any court under this chapter..	72202

~~(C) The board may employ clerical or technical staff who are~~	72203
~~not members of the board and who serve at the pleasure of the~~	72204
~~board to provide any clerical or technical assistance the board~~	72205
~~considers necessary.~~(D) The ~~board~~executive director may employ	72206
necessary inspectors, who shall be licensed embalmers and funeral	72207
directors. ~~Any~~An inspector employed by the ~~board~~executive	72208
director may enter the premises, establishment, office, or place	72209
of business of any embalmer, funeral director, or operator of a	72210
crematory facility in this state, for the purposes of inspecting	72211
the facility and premises; the license and registration of	72212
embalmers and funeral directors operating in the facility; and the	72213
license of the funeral home, embalming facility, or crematory~~. The~~	72214
~~inspector shall serve and execute any process issued by any court~~	72215
~~under this chapter, serve and execute any papers or process issued~~	72216
~~by the board or any officer or member of the board,~~facility and	72217
perform any other duties delegated to the inspector by the board	72218
or assigned to the inspector by the executive director. The	72219
executive director may enter the facility or premises of a funeral	72220
home, embalming facility, or crematory for the purpose of an	72221
inspection if accompanied by an inspector or, if an inspector is	72222
not available, when a situation presents a danger of immediate and	72223
serious harm to the public.	72224

~~(D)~~(E) The president of the board shall designate three of	72225
~~its~~the board's members to serve on the crematory review board,	72226
which is hereby created, for such time as the president finds	72227
appropriate to carry out the provisions of this chapter. Those	72228
members of the crematory review board designated by the president	72229
to serve and three members designated by the cemetery dispute	72230
resolution commission shall designate, by a majority vote, one	72231
person who is experienced in the operation of a crematory facility	72232
and who is not affiliated with a cemetery or a funeral home to	72233
serve on the crematory review board for such time as the crematory	72234
review board finds appropriate. Members serving on the crematory	72235
review board shall not receive any additional compensation for	72236
serving on the board, but may be reimbursed for their actual and	72237
necessary expenses incurred in the performance of official duties	72238
as members of the board. Members of the crematory review board	72239
shall designate one from among its members to serve as a	72240
chairperson for such time as the board finds appropriate. Costs	72241
associated with conducting an adjudicatory hearing in accordance	72242
with division ~~(E)~~(F) of this section shall be paid from funds	72243
available to the board of embalmers and funeral directors.	72244

~~(E)~~(F) Upon receiving written notice from the board of	72245
embalmers and funeral directors of any of the following, the	72246
crematory review board shall conduct an adjudicatory hearing on	72247
the matter in accordance with Chapter 119. of the Revised Code,	72248
except as otherwise provided in this section or division (C) of	72249
section 4717.14 of the Revised Code:	72250

(1) Notice provided under division ~~(H)~~(I) of this section of	72251
an alleged violation of any provision of this chapter or any rules	72252
adopted under this chapter governing or in connection with	72253
crematory facilities or cremation;	72254

(2) Notice provided under division (B) of section 4717.14 of	72255
the Revised Code that the board of embalmers and funeral directors	72256
proposes to refuse to grant or renew, or to suspend or revoke, a	72257
license to operate a crematory facility;	72258

(3) Notice provided under division (C) of section 4717.14 of	72259
the Revised Code that the board of embalmers and funeral directors	72260
has issued an order summarily suspending a license to operate a	72261
crematory facility;	72262

(4) Notice provided under division (B) of section 4717.15 of	72263
the Revised Code that the board of embalmers and funeral directors	72264
proposes to issue a notice of violation and order requiring	72265
payment of a forfeiture for any violation described in divisions	72266
(A)(9)(a) to (g) of section 4717.04 of the Revised Code alleged in	72267
connection with a crematory facility or cremation.	72268

Nothing in division ~~(E)~~(F) of this section precludes the	72269
crematory review board from appointing an independent examiner in	72270
accordance with section 119.09 of the Revised Code to conduct any	72271
adjudication hearing required under division ~~(E)~~(F) of this	72272
section.	72273

The crematory review board shall submit a written report of	72274
findings and advisory recommendations, and a written transcript of	72275
its proceedings, to the board of embalmers and funeral directors.	72276
The board of embalmers and funeral directors shall serve a copy of	72277
the written report of the crematory review board's findings and	72278
advisory recommendations on the party to the adjudication or the	72279
party's attorney, by certified mail, within five days after	72280
receiving the report and advisory recommendations. A party may	72281
file objections to the written report with the board of embalmers	72282
and funeral directors within ten days after receiving the report.	72283
No written report is final or appealable until it is issued as a	72284
final order by the board of embalmers and funeral directors and	72285
entered on the record of the proceedings. The board of embalmers	72286
and funeral directors shall consider objections filed by the party	72287
prior to issuing a final order. After reviewing the findings and	72288
advisory recommendations of the crematory review board, the	72289
written transcript of the crematory review board's proceedings,	72290
and any objections filed by a party, the board of embalmers and	72291
funeral directors shall issue a final order in the matter. Any	72292
party may appeal the final order issued by the board of embalmers	72293
and funeral directors in a matter described in divisions ~~(E)~~(F)(1)	72294
to (4) of this section in accordance with section 119.12 of the	72295
Revised Code, except that the appeal may be made to the court of	72296
common pleas in the county in which is located the crematory	72297
facility to which the final order pertains, or in the county in	72298
which the party resides.	72299

~~(F)~~(G) On its own initiative or on receiving a written	72300
complaint from any person whose identity is made known to the	72301
board of embalmers and funeral directors, the board shall	72302
investigate the acts or practices of any person holding or	72303
claiming to hold a license or registration under this chapter	72304
that, if proven to have occurred, would violate this chapter or	72305
any rules adopted under it. The board may compel witnesses by	72306
subpoena to appear and testify in relation to investigations	72307
conducted under this chapter and may require by subpoena duces	72308
tecum the production of any book, paper, or document pertaining to	72309
an investigation. If a person does not comply with a subpoena or	72310
subpoena duces tecum, the board may apply to the court of common	72311
pleas of any county in this state for an order compelling the	72312
person to comply with the subpoena or subpoena duces tecum, or for	72313
failure to do so, to be held in contempt of court.	72314

~~(G)~~(H) If, as a result of its investigation conducted under	72315
division ~~(F)~~(G) of this section, the board of embalmers and	72316
funeral directors has reasonable cause to believe that the person	72317
investigated is violating any provision of this chapter or any	72318
rules adopted under this chapter governing or in connection with	72319
embalming, funeral directing, funeral homes, embalming facilities,	72320
or the operation of funeral homes or embalming facilities, it may,	72321
after providing the opportunity for an adjudicatory hearing, issue	72322
an order directing the person to cease the acts or practices that	72323
constitute the violation. The board shall conduct the adjudicatory	72324
hearing in accordance with Chapter 119. of the Revised Code except	72325
that, notwithstanding the provisions of that chapter, the	72326
following shall apply:	72327

(1) The board shall send the notice informing the person of	72328
the person's right to a hearing by certified mail.	72329

(2) The person is entitled to a hearing only if the person	72330
requests a hearing and if the board receives the request within	72331
thirty days after the mailing of the notice described in division	72332
~~(G)~~(H)(1) of this section.	72333

(3) A stenographic record shall be taken, in the manner	72334
prescribed in section 119.09 of the Revised Code, at every	72335
adjudicatory hearing held under this section, regardless of	72336
whether the record may be the basis of an appeal to a court.	72337

~~(H)~~(I) If, as a result of its investigation conducted under	72338
division ~~(F)~~(G) of this section, the board of embalmers and	72339
funeral directors has reasonable cause to believe that the person	72340
investigated is violating any provision of this chapter or any	72341
rules adopted under this chapter governing or in connection with	72342
crematory facilities or cremation, the board shall send written	72343
notice of the alleged violation to the crematory review board. If,	72344
after the conclusion of the adjudicatory hearing in the matter	72345
conducted under division ~~(E)~~(F) of this section, the board of	72346
embalmers and funeral directors finds that a person is in	72347
violation of any provision of this chapter or any rules adopted	72348
under this chapter governing or in connection with crematory	72349
facilities or cremation, the board may issue a final order under	72350
that division directing the person to cease the acts or practices	72351
that constitute the violation.	72352

~~(I)~~(J) The board of embalmers and funeral directors may bring	72353
a civil action to enjoin any violation or threatened violation of	72354
sections 4717.01 to 4717.15 of the Revised Code or a rule adopted	72355
under any of those sections; division (A) or (B) of section	72356
4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or	72357
(F)(1) or (2), or divisions (H) to (K) of section 4717.26;	72358
division (D)(1) of section 4717.27; divisions (A) to (C) of	72359
section 4717.28, or division (D) or (E) of section 4717.31 of the	72360
Revised Code. The action shall be brought in the county where the	72361
violation occurred or the threatened violation is expected to	72362
occur. At the request of the board, the attorney general shall	72363
represent the board in any matter arising under this chapter.	72364

~~(J)~~(K) The board of embalmers and funeral directors and the	72365
crematory review board may issue subpoenas for funeral directors	72366
and embalmers or persons holding themselves out as such, for	72367
operators of crematory facilities or persons holding themselves	72368
out as such, or for any other person whose testimony, in the	72369
opinion of either board, is necessary. The subpoena shall require	72370
the person to appear before the appropriate board or any	72371
designated member of either board, upon any hearing conducted	72372
under this chapter. The penalty for disobedience to the command of	72373
such a subpoena is the same as for refusal to answer such a	72374
process issued under authority of the court of common pleas.	72375

~~(K)~~(L) All moneys received by the board of embalmers and	72376
funeral directors from any source shall be deposited in the state	72377
treasury to the credit of the occupational licensing and	72378
regulatory fund created in section 4743.05 of the Revised Code.	72379

~~(L)~~(M) The board of embalmers and funeral directors shall	72380
submit a written report to the governor on or before the first	72381
Monday of July of each year. This report shall contain a detailed	72382
statement of the nature and amount of the board's receipts and the	72383
amount and manner of its expenditures.	72384

Sec. 4717.06. (A)(1) Any person who desires to obtain a	72385
license to operate a funeral home, embalming facility, or	72386
crematory facility shall apply to the board of embalmers and	72387
funeral directors on a form provided by the board. The application	72388
shall include the initial license fee set forth in section 4717.07	72389
of the Revised Code and proof satisfactory to the board that the	72390
funeral home, embalming facility, or crematory facility is in	72391
compliance with rules adopted by the board under section 4717.04	72392
of the Revised Code, rules adopted by the board of building	72393
standards under Chapter 3781. of the Revised Code, and all other	72394
federal, state, and local requirements relating to the safety of	72395
the premises.	72396

(2) If the funeral home, embalming facility, or crematory	72397
facility to which the license application pertains is owned by a	72398
corporation or limited liability company, the application shall	72399
include the name and address of the corporation's or limited	72400
liability company's statutory agent appointed under section	72401
1701.07 or 1705.06 of the Revised Code or, in the case of a	72402
foreign corporation, the corporation's designated agent appointed	72403
under section 1703.041 of the Revised Code. If the funeral home,	72404
embalming facility, or crematory facility to which the application	72405
pertains is owned by a partnership, the application shall include	72406
the name and address of each of the partners. If, at any time	72407
after the submission of a license application or issuance of a	72408
license, the statutory or designated agent of a corporation or	72409
limited liability company owning a funeral home, embalming	72410
facility, or crematory facility or the address of the statutory or	72411
designated agent changes or, in the case of a partnership, any of	72412
the partners of the funeral home, embalming facility, or crematory	72413
facility or the address of any of the partners changes, the	72414
applicant for or holder of the license to operate the funeral	72415
home, embalming facility, or crematory facility shall submit	72416
written notice to the board, within thirty days after the change,	72417
informing the board of the change and of any name or address of a	72418
statutory or designated agent or partner that has changed from	72419
that contained in the application for the license or the most	72420
recent notice submitted under division (A)(2) of this section.	72421

(B)(1) The board shall issue a license to operate a funeral	72422
home only for the address at which the funeral home is operated.	72423
The funeral home license and licenses of the embalmers and funeral	72424
directors employed by the funeral home shall be displayed in a	72425
conspicuous place within the funeral home.	72426

(2) The funeral home shall have on the premises one of the	72427
following:	72428

(a) If embalming will take place at the funeral home, an	72429
embalming room that is adequately equipped and maintained. The	72430
embalming room shall be kept in a clean and sanitary manner and	72431
used only for the embalming, preparation, or holding of dead human	72432
bodies. The embalming room shall contain only the articles,	72433
facilities, and instruments necessary for those purposes.	72434

(b) If embalming will not take place at the funeral home, a	72435
holding room that is adequately equipped and maintained. The	72436
holding room shall be kept in a clean and sanitary manner and used	72437
only for the preparation, other than embalming, and holding of	72438
dead human bodies. The holding room shall contain only the	72439
articles and facilities necessary for those purposes.	72440

(3) Except as provided in division (B) of section 4717.11 of	72441
the Revised Code, a funeral home shall be established and operated	72442
only under the name of a holder of a funeral director's license	72443
issued by the board who is actually in charge of and ultimately	72444
responsible for the funeral home, and a funeral home license shall	72445
not include directional or geographical references in the name of	72446
the funeral home. The holder of the funeral home license shall be	72447
a funeral director licensed under this chapter who is actually in	72448
charge of and ultimately responsible for the funeral home. Nothing	72449
in division (B)(3) of this section prohibits the holder of a	72450
funeral home license from including directional or geographical	72451
references in promotional or advertising materials identifying the	72452
location of the funeral home.	72453

(4) Each funeral home shall be directly supervised by a	72454
funeral director licensed under this chapter, who ~~shall~~may	72455
supervise ~~only~~more than one funeral home.	72456

(C)(1) The board shall issue a license to operate an	72457
embalming facility only for the address at which the embalming	72458
facility is operated. The license shall be displayed in a	72459
conspicuous place within the facility.	72460

(2) The embalming facility shall be adequately equipped and	72461
maintained in a sanitary manner. The embalming room at such a	72462
facility shall contain only the articles, facilities, and	72463
instruments necessary for its stated purpose. The embalming room	72464
shall be kept in a clean and sanitary condition and used only for	72465
the care and preparation of dead human bodies.	72466

(3) An embalming facility license shall be issued only to an	72467
embalmer licensed under division (B) of section 4717.05 of the	72468
Revised Code, who is actually in charge of the facility.	72469

(D)(1) The board shall issue a license to operate a crematory	72470
facility only for the address at which the crematory facility is	72471
located and operated. The license shall be displayed in a	72472
conspicuous place within the crematory facility.	72473

(2) The crematory facility shall be adequately equipped and	72474
maintained in a clean and sanitary manner. The crematory facility	72475
may be located in a funeral home, embalming facility, cemetery	72476
building, or other building in which the crematory facility may	72477
lawfully operate. If a crematory facility engages in the cremation	72478
of animals, the crematory facility shall cremate animals in a	72479
cremation chamber that also is not used to cremate dead human	72480
bodies or human body parts and shall not cremate animals in a	72481
cremation chamber used for the cremation of dead human bodies and	72482
human body parts. Cremation chambers that are used for the	72483
cremation of dead human bodies or human body parts and cremation	72484
chambers used for the cremation of animals may be located in the	72485
same area.	72486

(3) A license to operate a crematory facility shall be issued	72487
to the person actually in charge of the crematory facility. This	72488
section does not require the individual who is actually in charge	72489
of the crematory facility to be an embalmer or funeral director	72490
licensed under this chapter.	72491

(4) Nothing in this section or rules adopted under section	72492
4717.04 of the Revised Code precludes the establishment and	72493
operation of a crematory facility on or adjacent to the property	72494
on which a cemetery, funeral home, or embalming facility is	72495
located.	72496

Sec. 4717.07. (A) The board of embalmers and funeral	72497
directors shall charge and collect the following fees:	72498

(1) For the initial issuance or biennial renewal of an	72499
embalmer's or funeral director's license, one hundred ~~forty~~fifty	72500
dollars;	72501

(2) For the issuance of an embalmer or funeral director	72502
registration, twenty-five dollars;	72503

(3) For filing an embalmer or funeral director certificate of	72504
apprenticeship, ten dollars;	72505

(4) For the application to take the examination for a license	72506
to practice as an embalmer or funeral director, or to retake a	72507
section of the examination, thirty-five dollars;	72508

(5) For the initial issuance of a license to operate a	72509
funeral home, ~~two~~three hundred fifty dollars and biennial renewal	72510
of a license to operate a funeral home, ~~two~~three hundred fifty	72511
dollars;	72512

(6) For the reinstatement of a lapsed embalmer's or funeral	72513
director's license, the renewal fee prescribed in division (A)(1)	72514
of this section plus fifty dollars for each month or portion of a	72515
month the license is lapsed ~~until reinstatement~~, but not more than	72516
one thousand dollars;	72517

(7) For the reinstatement of a lapsed license to operate a	72518
funeral home, the renewal fee prescribed in division (A)(5) of	72519
this section plus fifty dollars for each month or portion of a	72520
month the license is lapsed until reinstatement;	72521

(8) For the initial issuance of a license to operate an	72522
embalming facility, ~~two~~three hundred fifty dollars and biennial	72523
renewal of a license to operate an embalming facility, ~~two~~three	72524
hundred fifty dollars;	72525

(9) For the reinstatement of a lapsed license to operate an	72526
embalming facility, the renewal fee prescribed in division (A)(8)	72527
of this section plus fifty dollars for each month or portion of a	72528
month the license is lapsed until reinstatement;	72529

(10) For the initial issuance of a license to operate a	72530
crematory facility, ~~two~~three hundred fifty dollars and biennial	72531
renewal of a license to operate a crematory facility, ~~two~~three	72532
hundred fifty dollars;	72533

(11) For the reinstatement of a lapsed license to operate a	72534
crematory facility, the renewal fee prescribed in division (A)(10)	72535
of this section plus fifty dollars for each month or portion of a	72536
month the license is lapsed until reinstatement;	72537

(12) For the issuance of a duplicate of a license issued	72538
under this chapter, ~~four~~ten dollars.	72539

(B) In addition to the fees set forth in division (A) of this	72540
section, an applicant shall pay the examination fee assessed by	72541
any examining agency the board uses for any section of an	72542
examination required under this chapter.	72543

(C) Subject to the approval of the controlling board, the	72544
board of embalmers and funeral directors may establish fees in	72545
excess of the amounts set forth in this section, provided that	72546
these fees do not exceed the amounts set forth in this section by	72547
more than fifty per cent.	72548

Sec. 4717.10. (A) The board of embalmers and funeral	72549
directors may recognize licenses issued to embalmers and funeral	72550
directors by other states, and upon presentation of such licenses,	72551
may issue to the holder an embalmer's or funeral director's	72552
license under this chapter. The board shall charge the same fee as	72553
prescribed in section 4717.07 of the Revised Code to issue or	72554
renew such an embalmer's or funeral director's license. Such	72555
licenses shall be renewed ~~annually~~biennially as provided in	72556
section 4717.08 of the Revised Code. The board shall not issue a	72557
license to any person under this section unless the applicant	72558
proves that the applicant, in the state in which the applicant is	72559
licensed, has complied with requirements substantially equal to	72560
those established in section 4717.05 of the Revised Code.	72561

(B) The board of embalmers and funeral directors may issue	72562
courtesy cards. A courtesy cardholder shall be authorized to	72563
undertake both the following acts in this state:	72564

(1) Prepare and complete those sections of a death	72565
certificate and other permits needed for disposition of deceased	72566
human remains in this state and sign and file such death	72567
certificates and permits;	72568

(2) Supervise and conduct funeral ceremonies and interments	72569
in this state.	72570

(C) The board of embalmers and funeral directors may	72571
determine under what conditions a courtesy card may be issued to	72572
funeral directors in bordering states after taking into account	72573
whether and under what conditions and fees such border states	72574
issue similar courtesy cards to funeral directors licensed in this	72575
state. Applicants for courtesy cards shall apply on forms	72576
prescribed by the board, pay ~~an annual~~a biennial fee set by the	72577
board for initial applications and renewals, and adhere to such	72578
other requirements imposed by the board on courtesy cardholders.	72579

(D) No courtesy cardholder shall be authorized to undertake	72580
any of the following activities in this state:	72581

(1) Arranging funerals or disposition services with members	72582
of the public in this state;	72583

(2) Be employed by or under contract to a funeral home	72584
licensed in this state to perform funeral services in this state;	72585

(3) Advertise funeral or disposition services in this state;

72586

(4) Enter into or execute funeral or disposition contracts in	72587
this state;	72588

(5) Prepare or embalm deceased human remains in this state;

72589

(6) Arrange for or carry out the disinterment of human	72590
remains in this state.	72591

(E) As used in this section, "courtesy card" means a special	72592
permit that may be issued to a funeral director licensed in a	72593
state that borders this state and who does not hold a funeral	72594
director's license under this chapter.	72595

Sec. 4717.14. (A) The board of embalmers and funeral	72596
directors may refuse to grant or renew, or may suspend or revoke,	72597
any license issued under this chapter or may require the holder of	72598
a license to take corrective action courses for any of the	72599
following reasons:	72600

(1) The license was obtained by fraud or misrepresentation	72601
either in the application or in passing the examination.	72602

(2) The applicant or licensee has been convicted of or has	72603
pleaded guilty to a felony or of any crime involving moral	72604
turpitude.	72605

(3) The applicant or licensee has purposely violated any	72606
provision of sections 4717.01 to 4717.15 or a rule adopted under	72607
any of those sections; division (A) or (B) of section 4717.23;	72608
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	72609
or divisions (H) to (K) of section 4717.26; division (D)(1) of	72610
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	72611
Revised Code; any rule or order of the department of health or a	72612
board of health of a health district governing the disposition of	72613
dead human bodies; or any other rule or order applicable to the	72614
applicant or licensee.	72615

(4) The applicant or licensee has committed immoral or	72616
unprofessional conduct.	72617

(5) The applicant or licensee knowingly permitted an	72618
unlicensed person, other than a person serving an apprenticeship,	72619
to engage in the profession or business of embalming or funeral	72620
directing under the applicant's or licensee's supervision.	72621

(6) The applicant or licensee has been habitually	72622
intoxicated, or is addicted to the use of morphine, cocaine, or	72623
other habit-forming or illegal drugs.	72624

(7) The applicant or licensee has refused to promptly submit	72625
the custody of a dead human body upon the express order of the	72626
person legally entitled to the body.	72627

(8) The licensee loaned the licensee's own license, or the	72628
applicant or licensee borrowed or used the license of another	72629
person, or knowingly aided or abetted the granting of an improper	72630
license.	72631

(9) The applicant or licensee transferred a license to	72632
operate a funeral home, embalming facility, or crematory from one	72633
owner or operator to another, or from one location to another,	72634
without notifying the board.	72635

(10) The applicant or licensee misled the public by using	72636
false or deceptive advertising.	72637

(B)(1) The board of embalmers and funeral directors shall	72638
refuse to grant or renew, or shall suspend or revoke, an	72639
embalmer's, funeral director's, funeral home, or embalming	72640
facility license only in accordance with Chapter 119. of the	72641
Revised Code.	72642

(2) The board shall send to the crematory review board	72643
written notice that it proposes to refuse to issue or renew, or	72644
proposes to suspend or revoke, a license to operate a crematory	72645
facility. If, after the conclusion of the adjudicatory hearing on	72646
the matter conducted under division ~~(E)~~(F) of section 4717.03 of	72647
the Revised Code, the board of embalmers and funeral directors	72648
finds that any of the circumstances described in divisions (A)(1)	72649
to (10) of this section apply to the person named in its proposed	72650
action, the board may issue a final order under division ~~(E)~~(F) of	72651
section 4717.03 of the Revised Code refusing to issue or renew, or	72652
suspending or revoking, the person's license to operate a	72653
crematory facility.	72654

(C) If the board of embalmers and funeral directors	72655
determines that there is clear and convincing evidence that any of	72656
the circumstances described in divisions (A)(1) to (10) of this	72657
section apply to the holder of a license issued under this chapter	72658
and that the licensee's continued practice presents a danger of	72659
immediate and serious harm to the public, the board may suspend	72660
the licensee's license without a prior adjudicatory hearing. The	72661
executive director of the board shall prepare written allegations	72662
for consideration by the board.	72663

The board, after reviewing the written allegations, may	72664
suspend a license without a prior hearing.	72665

The board shall issue a written order of suspension by a	72666
delivery system or in person in accordance with section 119.07 of	72667
the Revised Code. Such an order is not subject to suspension by	72668
the court during the pendency of any appeal filed under section	72669
119.12 of the Revised Code. If the holder of an embalmer's,	72670
funeral director's, funeral home, or embalming facility license	72671
requests an adjudicatory hearing by the board, the date set for	72672
the hearing shall be within fifteen days, but not earlier than	72673
seven days, after the licensee has requested a hearing, unless the	72674
board and the licensee agree to a different time for holding the	72675
hearing.	72676

Upon issuing a written order of suspension to the holder of a	72677
license to operate a crematory facility, the board of embalmers	72678
and funeral directors shall send written notice of the issuance of	72679
the order to the crematory review board. The crematory review	72680
board shall hold an adjudicatory hearing on the order under	72681
division ~~(E)~~(F) of section 4717.03 of the Revised Code within	72682
fifteen days, but not earlier than seven days, after the issuance	72683
of the order, unless the crematory review board and the licensee	72684
agree to a different time for holding the adjudicatory hearing.	72685

Any summary suspension imposed under this division shall	72686
remain in effect, unless reversed on appeal, until a final	72687
adjudicatory order issued by the board of embalmers and funeral	72688
directors pursuant to this division and Chapter 119. of the	72689
Revised Code, or division ~~(E)~~(F) of section 4717.03 of the Revised	72690
Code, as applicable, becomes effective. The board of embalmers and	72691
funeral directors shall issue its final adjudicatory order within	72692
sixty days after the completion of its hearing or, in the case of	72693
the summary suspension of a license to operate a crematory	72694
facility, within sixty days after completion of the adjudicatory	72695
hearing by the crematory review board. A failure to issue the	72696
order within that time results in the dissolution of the summary	72697
suspension order, but does not invalidate any subsequent final	72698
adjudicatory order.	72699

(D) If the board of embalmers and funeral directors suspends	72700
or revokes a license held by a funeral director or a funeral home	72701
for any reason identified in division (A) of this section, the	72702
board may file a complaint with the court of common pleas in the	72703
county where the violation occurred requesting appointment of a	72704
receiver and the sequestration of the assets of the funeral home	72705
that held the suspended or revoked license or the licensed funeral	72706
home that employs the funeral director that held the suspended or	72707
revoked license. If the court of common pleas is satisfied with	72708
the application for a receivership, the court may appoint a	72709
receiver.	72710

The board or a receiver may employ and procure whatever	72711
assistance or advice is necessary in the receivership or	72712
liquidation and distribution of the assets of the funeral home,	72713
and, for that purpose, may retain officers or employees of the	72714
funeral home as needed. All expenses of the receivership or	72715
liquidation shall be paid from the assets of the funeral home and	72716
shall be a lien on those assets, and that lien shall be a priority	72717
to any other lien.	72718

(E) Any holder of a license issued under this chapter who has	72719
pleaded guilty to, has been found by a judge or jury to be guilty	72720
of, or has had a judicial finding of eligibility for treatment in	72721
lieu of conviction entered against the individual in this state	72722
for aggravated murder, murder, voluntary manslaughter, felonious	72723
assault, kidnapping, rape, sexual battery, gross sexual	72724
imposition, aggravated arson, aggravated robbery, or aggravated	72725
burglary, or who has pleaded guilty to, has been found by a judge	72726
or jury to be guilty of, or has had a judicial finding of	72727
eligibility for treatment in lieu of conviction entered against	72728
the individual in another jurisdiction for any substantially	72729
equivalent criminal offense, is hereby suspended from practice	72730
under this chapter by operation of law, and any license issued to	72731
the individual under this chapter is hereby suspended by operation	72732
of law as of the date of the guilty plea, verdict or finding of	72733
guilt, or judicial finding of eligibility for treatment in lieu of	72734
conviction, regardless of whether the proceedings are brought in	72735
this state or another jurisdiction. The board shall notify the	72736
suspended individual of the suspension of the individual's license	72737
by the operation of this division by a delivery system or in	72738
person in accordance with section 119.07 of the Revised Code. If	72739
an individual whose license is suspended under this division fails	72740
to make a timely request for an adjudicatory hearing, the board	72741
shall enter a final order revoking the license.	72742

(F) No person whose license has been suspended or revoked	72743
under or by the operation of this section shall practice embalming	72744
or funeral directing or operate a funeral home, embalming	72745
facility, or crematory facility until the board has reinstated the	72746
person's license.	72747

Sec. 4717.15. (A) The board of embalmers and funeral	72748
directors, without the necessity for conducting a prior	72749
adjudication hearing, may issue a notice of violation to the	72750
holder of an embalmer's, funeral director's, funeral home, or	72751
embalming facility license issued under this chapter who the board	72752
finds has committed any of the violations described in divisions	72753
(A)(9)(a) to (g) of section 4717.04 of the Revised Code. The	72754
notice shall set forth the specific violation committed by the	72755
licensee and shall be sent by certified mail. The notice shall be	72756
accompanied by an order requiring the payment of the appropriate	72757
forfeiture prescribed in rules adopted under division (A)(9) of	72758
section 4717.04 of the Revised Code and by a notice informing the	72759
licensee that the licensee is entitled to an adjudicatory hearing	72760
on the notice of violation and order if the licensee requests a	72761
hearing and if the board receives the request within thirty days	72762
after the mailing of the notice of violation and order. The board	72763
shall conduct any such adjudicatory hearing in accordance with	72764
Chapter 119. of the Revised Code, except as otherwise provided in	72765
this division.	72766

A licensee who receives a notice of violation and order under	72767
this division shall pay to the executive director of the board the	72768
full amount of the forfeiture by certified check within thirty	72769
days after the notice of violation and order were mailed to the	72770
licensee unless, within that time, the licensee submits a request	72771
for an adjudicatory hearing on the notice of violation and order.	72772
If such a request for an adjudicatory hearing is timely filed, the	72773
licensee need not pay the forfeiture to the executive director	72774
until after a final, nonappealable administrative or judicial	72775
decision is rendered on the order requiring payment of the	72776
forfeiture. If a final nonappealable administrative or judicial	72777
decision is rendered affirming the board's order, the licensee	72778
shall pay to the executive director of the board the full amount	72779
of the forfeiture by certified check within thirty days after	72780
notice of the decision was sent to the licensee. A forfeiture is	72781
considered to be paid when the licensee's certified check is	72782
received by the executive director in Columbus. If the licensee	72783
fails to so pay the full amount of the forfeiture to the executive	72784
director within that time, the board shall issue an order	72785
suspending or revoking the individual's license, as the board	72786
considers appropriate.	72787

(B) The board shall send to the crematory review board	72788
written notice that it proposes to issue to the holder of a	72789
license to operate a crematory facility issued under this chapter	72790
a notice of violation and order requiring payment of a forfeiture	72791
specified in rules adopted under division (A)(9) of section	72792
4717.04 of the Revised Code. If, after the conclusion of the	72793
adjudicatory hearing on the matter conducted under division ~~(E)~~(F)	72794
of section 4717.03 of the Revised Code, the board of embalmers and	72795
funeral directors finds that the licensee has committed any of the	72796
violations described in divisions (A)(9)(a) to (g) of section	72797
4717.04 of the Revised Code in connection with the operation of a	72798
crematory facility or cremation, the board of embalmers and	72799
funeral directors may issue a final order under division ~~(E)~~(F) of	72800
section 4717.03 of the Revised Code requiring payment of the	72801
appropriate forfeiture specified in rules adopted under division	72802
(A)(9) of section 4717.04 of the Revised Code. A licensee who	72803
receives such an order shall pay the full amount of the forfeiture	72804
to the executive director by certified check within thirty days	72805
after the order was sent to the licensee unless, within that time,	72806
the licensee files a notice of appeal in accordance with division	72807
~~(E)~~(F) of section 4717.03 and section 119.12 of the Revised Code.	72808
If such a notice of appeal is timely filed, the licensee need not	72809
pay the forfeiture to the executive director until after a final,	72810
nonappealable judicial decision is rendered in the appeal. If a	72811
final, nonappealable judicial decision is rendered affirming the	72812
board's order, the licensee shall pay to the executive director	72813
the full amount of the forfeiture by certified check within thirty	72814
days after notice of the decision was sent to the licensee. A	72815
forfeiture is considered paid when the licensee's certified check	72816
is received by the executive director in Columbus. If the licensee	72817
fails to so pay the full amount of the forfeiture to the executive	72818
director within that time, the board shall issue an order	72819
suspending or revoking the individual's license, as the board	72820
considers appropriate.	72821

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	72822
the Revised Code:	72823

(1) "Affiliate" means a business entity that is owned by,	72824
operated by, controlled by, or under common control with another	72825
business entity.	72826

(2) "Communication" means a written or oral notification or	72827
advertisement that meets both of the following criteria, as	72828
applicable:	72829

(a) The notification or advertisement is transmitted by or on	72830
behalf of the seller of goods or services and by or through any	72831
printed, audio, video, cinematic, telephonic, or electronic means.	72832

(b) In the case of a notification or advertisement other than	72833
by telephone, either of the following conditions is met:	72834

(i) The notification or advertisement is followed by a	72835
telephone call from a telephone solicitor or salesperson.	72836

(ii) The notification or advertisement invites a response by	72837
telephone, and, during the course of that response, a telephone	72838
solicitor or salesperson attempts to make or makes a sale of goods	72839
or services. As used in division (A)(2)(b)(ii) of this section,	72840
"invites a response by telephone" excludes the mere listing or	72841
inclusion of a telephone number in a notification or	72842
advertisement.	72843

(3) "Gift, award, or prize" means anything of value that is	72844
offered or purportedly offered, or given or purportedly given by	72845
chance, at no cost to the receiver and with no obligation to	72846
purchase goods or services. As used in this division, "chance"	72847
includes a situation in which a person is guaranteed to receive an	72848
item and, at the time of the offer or purported offer, the	72849
telephone solicitor does not identify the specific item that the	72850
person will receive.	72851

(4) "Goods or services" means any real property or any	72852
tangible or intangible personal property, or services of any kind	72853
provided or offered to a person. "Goods or services" includes, but	72854
is not limited to, advertising; labor performed for the benefit of	72855
a person; personal property intended to be attached to or	72856
installed in any real property, regardless of whether it is so	72857
attached or installed; timeshare estates or licenses; and extended	72858
service contracts.	72859

(5) "Purchaser" means a person that is solicited to become or	72860
does become financially obligated as a result of a telephone	72861
solicitation.	72862

(6) "Salesperson" means an individual who is employed,	72863
appointed, or authorized by a telephone solicitor to make	72864
telephone solicitations but does not mean any of the following:	72865

(a) An individual who comes within one of the exemptions in	72866
division (B) of this section;	72867

(b) An individual employed, appointed, or authorized by a	72868
person who comes within one of the exemptions in division (B) of	72869
this section;	72870

(c) An individual under a written contract with a person who	72871
comes within one of the exemptions in division (B) of this	72872
section, if liability for all transactions with purchasers is	72873
assumed by the person so exempted.	72874

(7) "Telephone solicitation" means a communication to a	72875
person that meets both of the following criteria:	72876

(a) The communication is initiated by or on behalf of a	72877
telephone solicitor or by a salesperson.	72878

(b) The communication either represents a price or the	72879
quality or availability of goods or services or is used to induce	72880
the person to purchase goods or services, including, but not	72881
limited to, inducement through the offering of a gift, award, or	72882
prize.	72883

(8) "Telephone solicitor" means a person that engages in	72884
telephone solicitation directly or through one or more	72885
salespersons either from a location in this state, or from a	72886
location outside this state to persons in this state. "Telephone	72887
solicitor" includes, but is not limited to, any such person that	72888
is an owner, operator, officer, or director of, partner in, or	72889
other individual engaged in the management activities of, a	72890
business.	72891

(B) A telephone solicitor is exempt from the provisions of	72892
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	72893
Code if the telephone solicitor is any one of the following:	72894

(1) A person engaging in a telephone solicitation that is a	72895
one-time or infrequent transaction not done in the course of a	72896
pattern of repeated transactions of a like nature;	72897

(2) A person engaged in telephone solicitation solely for	72898
religious or political purposes; a charitable organization,	72899
fund-raising counsel, or professional solicitor in compliance with	72900
the registration and reporting requirements of Chapter 1716. of	72901
the Revised Code; or any person or other entity exempt under	72902
section 1716.03 of the Revised Code from filing a registration	72903
statement under section 1716.02 of the Revised Code;	72904

(3) A person, making a telephone solicitation involving a	72905
home solicitation sale as defined in section 1345.21 of the	72906
Revised Code, that makes the sales presentation and completes the	72907
sale at a later, face-to-face meeting between the seller and the	72908
purchaser rather than during the telephone solicitation. However,	72909
if the person, following the telephone solicitation, causes	72910
another person to collect the payment of any money, this exemption	72911
does not apply.	72912

(4) A licensed securities, commodities, or investment broker,	72913
dealer, investment advisor, or associated person when making a	72914
telephone solicitation within the scope of the person's license.	72915
As used in division (B)(4) of this section, "licensed securities,	72916
commodities, or investment broker, dealer, investment advisor, or	72917
associated person" means a person subject to licensure or	72918
registration as such by the securities and exchange commission;	72919
the National Association of Securities Dealers or other	72920
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	72921
the division of securities under Chapter 1707. of the Revised	72922
Code; or by an official or agency of any other state of the United	72923
States.	72924

(5)(a) A person primarily engaged in soliciting the sale of a	72925
newspaper of general circulation;	72926

(b) As used in division (B)(5)(a) of this section, "newspaper	72927
of general circulation" includes, but is not limited to, both of	72928
the following:	72929

(i) A newspaper that is a daily law journal designated as an	72930
official publisher of court calendars pursuant to section 2701.09	72931
of the Revised Code;	72932

(ii) A newspaper or publication that has at least twenty-five	72933
per cent editorial, non-advertising content, exclusive of inserts,	72934
measured relative to total publication space, and an audited	72935
circulation to at least fifty per cent of the households in the	72936
newspaper's retail trade zone as defined by the audit.	72937

(6)(a) An issuer, or its subsidiary, that has a class of	72938
securities to which all of the following apply:	72939

(i) The class of securities is subject to section 12 of the	72940
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	72941
registered or is exempt from registration under 15 U.S.C.A.	72942
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	72943

(ii) The class of securities is listed on the New York stock	72944
exchange, the American stock exchange, or the NASDAQ national	72945
market system;	72946

(iii) The class of securities is a reported security as	72947
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	72948

(b) An issuer, or its subsidiary, that formerly had a class	72949
of securities that met the criteria set forth in division	72950
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	72951
net worth in excess of one hundred million dollars, files or its	72952
parent files with the securities and exchange commission an S.E.C.	72953
form 10-K, and has continued in substantially the same business	72954
since it had a class of securities that met the criteria in	72955
division (B)(6)(a) of this section. As used in division (B)(6)(b)	72956
of this section, "issuer" and "subsidiary" include the successor	72957
to an issuer or subsidiary.	72958

(7) A person soliciting a transaction regulated by the	72959
commodity futures trading commission, if the person is registered	72960
or temporarily registered for that activity with the commission	72961
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	72962
registration has not expired or been suspended or revoked;	72963

(8) A person soliciting the sale of any book, record, audio	72964
tape, compact disc, or video, if the person allows the purchaser	72965
to review the merchandise for at least seven days and provides a	72966
full refund within thirty days to a purchaser who returns the	72967
merchandise or if the person solicits the sale on behalf of a	72968
membership club operating in compliance with regulations adopted	72969
by the federal trade commission in 16 C.F.R. 425;	72970

(9) A supervised financial institution or its subsidiary. As	72971
used in division (B)(9) of this section, "supervised financial	72972
institution" means a bank, trust company, savings and loan	72973
association, savings bank, credit union, industrial loan company,	72974
consumer finance lender, commercial finance lender, or institution	72975
described in section 2(c)(2)(F) of the "Bank Holding Company Act	72976
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	72977
official or agency of the United States, this state, or any other	72978
state of the United States; or a licensee or registrant under	72979
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	72980
1321.83 of the Revised Code.	72981

(10)(a) An insurance company, association, or other	72982
organization that is licensed or authorized to conduct business in	72983
this state by the superintendent of insurance pursuant to Title	72984
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	72985
when soliciting within the scope of its license or authorization.	72986

(b) A licensed insurance broker, agent, or solicitor when	72987
soliciting within the scope of the person's license. As used in	72988
division (B)(10)(b) of this section, "licensed insurance broker,	72989
agent, or solicitor" means any person licensed as an insurance	72990
broker, agent, or solicitor by the superintendent of insurance	72991
pursuant to Title XXXIX of the Revised Code.	72992

(11) A person soliciting the sale of services provided by a	72993
cable television system operating under authority of a	72994
governmental franchise or permit;	72995

(12) A person soliciting a business-to-business sale under	72996
which any of the following conditions are met:	72997

(a) The telephone solicitor has been operating continuously	72998
for at least three years under the same business name under which	72999
it solicits purchasers, and at least fifty-one per cent of its	73000
gross dollar volume of sales consists of repeat sales to existing	73001
customers to whom it has made sales under the same business name.	73002

(b) The purchaser business intends to resell the goods	73003
purchased.	73004

(c) The purchaser business intends to use the goods or	73005
services purchased in a recycling, reuse, manufacturing, or	73006
remanufacturing process.	73007

(d) The telephone solicitor is a publisher of a periodical or	73008
of magazines distributed as controlled circulation publications as	73009
defined in division (CC) of section 5739.01 of the Revised Code	73010
and is soliciting sales of advertising, subscriptions, reprints,	73011
lists, information databases, conference participation or	73012
sponsorships, trade shows or media products related to the	73013
periodical or magazine, or other publishing services provided by	73014
the controlled circulation publication.	73015

(13) A person that, not less often than once each year,	73016
publishes and delivers to potential purchasers a catalog that	73017
complies with both of the following:	73018

(a) It includes all of the following:

73019

(i) The business address of the seller;

73020

(ii) A written description or illustration of each good or	73021
service offered for sale;	73022

(iii) A clear and conspicuous disclosure of the sale price of	73023
each good or service; shipping, handling, and other charges; and	73024
return policy.	73025

(b) One of the following applies:

73026

(i) The catalog includes at least twenty-four pages of	73027
written material and illustrations, is distributed in more than	73028
one state, and has an annual postage-paid mail circulation of not	73029
less than two hundred fifty thousand households;	73030

(ii) The catalog includes at least ten pages of written	73031
material or an equivalent amount of material in electronic form on	73032
the internet or an on-line computer service, the person does not	73033
solicit customers by telephone but solely receives telephone calls	73034
made in response to the catalog, and during the calls the person	73035
takes orders but does not engage in further solicitation of the	73036
purchaser. As used in division (B)(13)(b)(ii) of this section,	73037
"further solicitation" does not include providing the purchaser	73038
with information about, or attempting to sell, any other item in	73039
the catalog that prompted the purchaser's call or in a	73040
substantially similar catalog issued by the seller.	73041

(14) A political subdivision or instrumentality of the United	73042
States, this state, or any state of the United States;	73043

(15) A college or university or any other public or private	73044
institution of higher education in this state;	73045

(16) A public utility as defined in section 4905.02 of the	73046
Revised Code or a retail natural gas supplier as defined in	73047
section 4929.01 of the Revised Code, if the utility or supplier is	73048
subject to regulation by the public utilities commission, or the	73049
affiliate of the utility or supplier;	73050

(17) A person that solicits sales through a television	73051
program or advertisement that is presented in the same market area	73052
no fewer than twenty days per month or offers for sale no fewer	73053
than ten distinct items of goods or services; and offers to the	73054
purchaser an unconditional right to return any good or service	73055
purchased within a period of at least seven days and to receive a	73056
full refund within thirty days after the purchaser returns the	73057
good or cancels the service;	73058

(18)(a) A person that, for at least one year, has been	73059
operating a retail business under the same name as that used in	73060
connection with telephone solicitation and both of the following	73061
occur on a continuing basis:	73062

(i) The person either displays goods and offers them for	73063
retail sale at the person's business premises or offers services	73064
for sale and provides them at the person's business premises.	73065

(ii) At least fifty-one per cent of the person's gross dollar	73066
volume of retail sales involves purchases of goods or services at	73067
the person's business premises.	73068

(b) An affiliate of a person that meets the requirements in	73069
division (B)(18)(a) of this section if the affiliate meets all of	73070
the following requirements:	73071

(i) The affiliate has operated a retail business for a period	73072
of less than one year;	73073

(ii) The affiliate either displays goods and offers them for	73074
retail sale at the affiliate's business premises or offers	73075
services for sale and provides them at the affiliate's business	73076
premises;	73077

(iii) At least fifty-one per cent of the affiliate's gross	73078
dollar volume of retail sales involves purchases of goods or	73079
services at the affiliate's business premises.	73080

(c) A person that, for a period of less than one year, has	73081
been operating a retail business in this state under the same name	73082
as that used in connection with telephone solicitation, as long as	73083
all of the following requirements are met:	73084

(i) The person either displays goods and offers them for	73085
retail sale at the person's business premises or offers services	73086
for sale and provides them at the person's business premises;	73087

(ii) The goods or services that are the subject of telephone	73088
solicitation are sold at the person's business premises, and at	73089
least sixty-five per cent of the person's gross dollar volume of	73090
retail sales involves purchases of goods or services at the	73091
person's business premises;	73092

(iii) The person conducts all telephone solicitation	73093
activities according to sections 310.3, 310.4, and 310.5 of the	73094
telemarketing sales rule adopted by the federal trade commission	73095
in 16 C.F.R. part 310.	73096

(19) A person who performs telephone solicitation sales	73097
services on behalf of other persons and to whom one of the	73098
following applies:	73099

(a) The person has operated under the same ownership,	73100
control, and business name for at least five years, and the person	73101
receives at least seventy-five per cent of its gross revenues from	73102
written telephone solicitation contracts with persons who come	73103
within one of the exemptions in division (B) of this section.	73104

(b) The person is an affiliate of one or more exempt persons	73105
and makes telephone solicitations on behalf of only the exempt	73106
persons of which it is an affiliate.	73107

(c) The person makes telephone solicitations on behalf of	73108
only exempt persons, the person and each exempt person on whose	73109
behalf telephone solicitations are made have entered into a	73110
written contract that specifies the manner in which the telephone	73111
solicitations are to be conducted and that at a minimum requires	73112
compliance with the telemarketing sales rule adopted by the	73113
federal trade commission in 16 C.F.R. part 310, and the person	73114
conducts the telephone solicitations in the manner specified in	73115
the written contract.	73116

(d) The person performs telephone solicitation for religious	73117
or political purposes, a charitable organization, a fund-raising	73118
council, or a professional solicitor in compliance with the	73119
registration and reporting requirements of Chapter 1716. of the	73120
Revised Code; and meets all of the following requirements:	73121

(i) The person has operated under the same ownership,	73122
control, and business name for at least five years, and the person	73123
receives at least fifty-one per cent of its gross revenues from	73124
written telephone solicitation contracts with persons who come	73125
within the exemption in division (B)(2) of this section;	73126

(ii) The person does not conduct a prize promotion or offer	73127
the sale of an investment opportunity;	73128

(iii) The person conducts all telephone solicitation	73129
activities according to sections 310.3, 310.4, and 310.5 of the	73130
telemarketing sales rules adopted by the federal trade commission	73131
in 16 C.F.R. part 310.	73132

(20) A person that is a licensed real estate salesperson or	73133
broker under Chapter 4735. of the Revised Code when soliciting	73134
within the scope of the person's license;	73135

(21)(a) Either of the following:

73136

(i) A publisher that solicits the sale of the publisher's	73137
periodical or magazine of general, paid circulation, or a person	73138
that solicits a sale of that nature on behalf of a publisher under	73139
a written agreement directly between the publisher and the person.	73140

(ii) A publisher that solicits the sale of the publisher's	73141
periodical or magazine of general, paid circulation, or a person	73142
that solicits a sale of that nature as authorized by a publisher	73143
under a written agreement directly with a publisher's	73144
clearinghouse provided the person is a resident of Ohio for more	73145
than three years and initiates all telephone solicitations from	73146
Ohio and the person conducts the solicitation and sale in	73147
compliance with 16 C.F.R. part 310, as adopted by the federal	73148
trade commission.	73149

(b) As used in division (B)(21) of this section, "periodical	73150
or magazine of general, paid circulation" excludes a periodical or	73151
magazine circulated only as part of a membership package or given	73152
as a free gift or prize from the publisher or person.	73153

(22) A person that solicits the sale of food, as defined in	73154
section 3715.01 of the Revised Code, or the sale of products of	73155
horticulture, as defined in section 5739.01 of the Revised Code,	73156
if the person does not intend the solicitation to result in, or	73157
the solicitation actually does not result in, a sale that costs	73158
the purchaser an amount greater than five hundred dollars.	73159

(23) A funeral director licensed pursuant to Chapter 4717. of	73160
the Revised Code when soliciting within the scope of that license,	73161
if both of the following apply:	73162

(a) The solicitation and sale are conducted in compliance	73163
with 16 C.F.R. part 453, as adopted by the federal trade	73164
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	73165
the Revised Code;	73166

(b) The person provides to the purchaser of any preneed	73167
funeral contract a notice that clearly and conspicuously sets	73168
forth the cancellation rights specified in division (G) of section	73169
1107.33 of the Revised Code, and retains a copy of the notice	73170
signed by the purchaser.	73171

(24) A person, or affiliate thereof, licensed to sell or	73172
issue Ohio instruments designated as travelers checks pursuant to	73173
sections 1315.01 to 1315.18 of the Revised Code.	73174

(25) A person that solicits sales from its previous	73175
purchasers and meets all of the following requirements:	73176

(a) The solicitation is made under the same business name	73177
that was previously used to sell goods or services to the	73178
purchaser;	73179

(b) The person has, for a period of not less than three	73180
years, operated a business under the same business name as that	73181
used in connection with telephone solicitation;	73182

(c) The person does not conduct a prize promotion or offer	73183
the sale of an investment opportunity;	73184

(d) The person conducts all telephone solicitation activities	73185
according to sections 310.3, 310.4, and 310.5 of the telemarketing	73186
sales rules adopted by the federal trade commission in 16 C.F.R.	73187
part 310;	73188

(e) Neither the person nor any of its principals has been	73189
convicted of, pleaded guilty to, or has entered a plea of no	73190
contest for a felony or a theft offense as defined in sections	73191
2901.02 and 2913.01 of the Revised Code or similar law of another	73192
state or of the United States;	73193

(f) Neither the person nor any of its principals has had	73194
entered against them an injunction or a final judgment or order,	73195
including an agreed judgment or order, an assurance of voluntary	73196
compliance, or any similar instrument, in any civil or	73197
administrative action involving engaging in a pattern of corrupt	73198
practices, fraud, theft, embezzlement, fraudulent conversion, or	73199
misappropriation of property; the use of any untrue, deceptive, or	73200
misleading representation; or the use of any unfair, unlawful,	73201
deceptive, or unconscionable trade act or practice.	73202

(26) An institution defined as a home health agency in	73203
section 3701.881 of the Revised Code, that conducts all telephone	73204
solicitation activities according to sections 310.3, 310.4, and	73205
310.5 of the telemarketing sales rules adopted by the federal	73206
trade commission in 16 C.F.R. part 310, and engages in telephone	73207
solicitation only within the scope of the institution's	73208
certification, accreditation, contract with the department of	73209
aging, or status as a home health agency; and that meets one of	73210
the following requirements:	73211

(a) The institution is certified as a provider of home health	73212
services under Title XVIII of the Social Security Act, 49 Stat.	73213
620, 42 U.S.C. 301, as amended;	73214

(b) The institution is accredited by either the joint	73215
commission on accreditation of health care organizations or the	73216
community health accreditation program;	73217

(c) The institution is providing ~~passport~~PASSPORT services	73218
under the direction of the ~~Ohio~~ department of aging under ~~section~~	73219
~~173.40~~sections 173.52 to 173.523 of the Revised Code;	73220

(d) An affiliate of an institution that meets the	73221
requirements of division (B)(26)(a), (b), or (c) of this section	73222
when offering for sale substantially the same goods and services	73223
as those that are offered by the institution that meets the	73224
requirements of division (B)(26)(a), (b), or (c) of this section.	73225

(27) A person licensed by the department of health pursuant	73226
to section 3712.04 or 3712.041 of the Revised Code to provide a	73227
hospice care program or pediatric respite care program when	73228
conducting telephone solicitations within the scope of the	73229
person's license and according to sections 310.3, 310.4, and 310.5	73230
of the telemarketing sales rules adopted by the federal trade	73231
commission in 16 C.F.R. part 310.	73232

Sec. 4723.18. (A) The board of nursing shall authorize a	73233
licensed practical nurse to administer to an adult intravenous	73234
therapy if the nurse supplies evidence satisfactory to the board	73235
that all of the following are the case:	73236

(1) The nurse holds a current, valid license issued under	73237
this chapter to practice nursing as a licensed practical nurse.	73238

(2) The nurse has been authorized under section 4723.18 of	73239
the Revised Code to administer medications.	73240

(3) The nurse successfully completed a course of study in the	73241
safe performance of intravenous therapy approved by the board	73242
pursuant to section 4723.19 of the Revised Code or by an agency in	73243
another jurisdiction that regulates the practice of nursing and	73244
has requirements for intravenous therapy course approval that are	73245
substantially similar to the requirements in division (B) of	73246
section 4723.19 of the Revised Code, as determined by the board.	73247

(4) The nurse has successfully completed a minimum of forty	73248
hours of training that includes all of the following:	73249

(a) The curriculum established by rules adopted by the board;

73250

(b) Training in the anatomy and physiology of the	73251
cardiovascular system, signs and symptoms of local and systemic	73252
complications in the administration of fluids and antibiotic	73253
additives, and guidelines for management of these complications;	73254

(c) Any other training or instruction the board considers	73255
appropriate;	73256

(d) A testing component that requires the nurse to perform a	73257
successful demonstration of the intravenous procedures, including	73258
all skills needed to perform them safely.	73259

(B) Except as provided in section 4723.181 of the Revised	73260
Code and subject to the restrictions in division (D) of this	73261
section, a licensed practical nurse may perform intravenous	73262
therapy on an adult patient only if authorized by the board	73263
pursuant to division (A) of this section and only at the direction	73264
of one of the following:	73265

(1) A licensed physician, dentist, optometrist, or podiatrist	73266
who, except as provided in division (C)(2) of this section, is	73267
present and readily available at the facility where the	73268
intravenous therapy procedure is performed;	73269

(2) A registered nurse in accordance with division (C) of	73270
this section.	73271

(C)(1) Except as provided in division (C)(2) of this section	73272
and section 4723.181 of the Revised Code, when a licensed	73273
practical nurse authorized by the board to perform intravenous	73274
therapy performs an intravenous therapy procedure at the direction	73275
of a registered nurse, the registered nurse or another registered	73276
nurse shall be readily available at the site where the intravenous	73277
therapy is performed, and before the licensed practical nurse	73278
initiates the intravenous therapy, the registered nurse shall	73279
personally perform an on-site assessment of the adult patient who	73280
is to receive the intravenous therapy.	73281

(2) When a licensed practical nurse authorized by the board	73282
to perform intravenous therapy performs an intravenous therapy	73283
procedure in a home as defined in section 3721.10 of the Revised	73284
Code, or in an intermediate care facility for the mentally	73285
retarded as defined in section ~~5111.20~~5124.01 of the Revised	73286
Code, at the direction of a registered nurse or licensed	73287
physician, dentist, optometrist, or podiatrist, a registered nurse	73288
shall be on the premises of the home or facility or accessible by	73289
some form of telecommunication.	73290

(D) No licensed practical nurse shall perform any of the	73291
following intravenous therapy procedures:	73292

(1) Initiating or maintaining any of the following:

73293

(a) Blood or blood components;

73294

(b) Solutions for total parenteral nutrition;

73295

(c) Any cancer therapeutic medication including, but not	73296
limited to, cancer chemotherapy or an anti-neoplastic agent;	73297

(d) Solutions administered through any central venous line or	73298
arterial line or any other line that does not terminate in a	73299
peripheral vein, except that a licensed practical nurse authorized	73300
by the board to perform intravenous therapy may maintain the	73301
solutions specified in division (D)(6)(a) of this section that are	73302
being administered through a central venous line or peripherally	73303
inserted central catheter;	73304

(e) Any investigational or experimental medication.

73305

(2) Initiating intravenous therapy in any vein, except that a	73306
licensed practical nurse authorized by the board to perform	73307
intravenous therapy may initiate intravenous therapy in accordance	73308
with this section in a vein of the hand, forearm, or antecubital	73309
fossa;	73310

(3) Discontinuing a central venous, arterial, or any other	73311
line that does not terminate in a peripheral vein;	73312

(4) Initiating or discontinuing a peripherally inserted	73313
central catheter;	73314

(5) Mixing, preparing, or reconstituting any medication for	73315
intravenous therapy, except that a licensed practical nurse	73316
authorized by the board to perform intravenous therapy may prepare	73317
or reconstitute an antibiotic additive;	73318

(6) Administering medication via the intravenous route,	73319
including all of the following activities:	73320

(a) Adding medication to an intravenous solution or to an	73321
existing infusion, except that a licensed practical nurse	73322
authorized by the board to perform intravenous therapy may do any	73323
of the following:	73324

(i) Initiate an intravenous infusion containing one or more	73325
of the following elements: dextrose 5%, normal saline, lactated	73326
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile	73327
water;	73328

(ii) Hang subsequent containers of the intravenous solutions	73329
specified in division (D)(6)(a)(i) of this section that contain	73330
vitamins or electrolytes, if a registered nurse initiated the	73331
infusion of that same intravenous solution;	73332

(iii) Initiate or maintain an intravenous infusion containing	73333
an antibiotic additive.	73334

(b) Injecting medication via a direct intravenous route,	73335
except that a licensed practical nurse authorized by the board to	73336
perform intravenous therapy may inject heparin or normal saline to	73337
flush an intermittent infusion device or heparin lock including,	73338
but not limited to, bolus or push.	73339

(7) Changing tubing on any line including, but not limited	73340
to, an arterial line or a central venous line, except that a	73341
licensed practical nurse authorized by the board to perform	73342
intravenous therapy may change tubing on an intravenous line that	73343
terminates in a peripheral vein;	73344

(8) Programming or setting any function of a patient	73345
controlled infusion pump.	73346

(E) Notwithstanding divisions (A) and (D) of this section, at	73347
the direction of a physician or a registered nurse, a licensed	73348
practical nurse authorized by the board to perform intravenous	73349
therapy may perform the following activities for the purpose of	73350
performing dialysis:	73351

(1) The routine administration and regulation of saline	73352
solution for the purpose of maintaining an established fluid plan;	73353

(2) The administration of a heparin dose intravenously;

73354

(3) The administration of a heparin dose peripherally via a	73355
fistula needle;	73356

(4) The loading and activation of a constant infusion pump;

73357

(5) The intermittent injection of a dose of medication that	73358
is administered via the hemodialysis blood circuit and through the	73359
patient's venous access.	73360

(F) No person shall employ or direct a licensed practical	73361
nurse to perform an intravenous therapy procedure without first	73362
verifying that the licensed practical nurse is authorized by the	73363
board to perform intravenous therapy.	73364

Sec. 4723.35. (A) As used in this section, "chemical	73365
dependency" means either of the following:	73366

(1) The chronic and habitual use of alcoholic beverages to	73367
the extent that the user no longer can control the use of alcohol	73368
or endangers the user's health, safety, or welfare or that of	73369
others;	73370

(2) The use of a controlled substance as defined in section	73371
3719.01 of the Revised Code, a harmful intoxicant as defined in	73372
section 2925.01 of the Revised Code, or a dangerous drug as	73373
defined in section 4729.01 of the Revised Code, to the extent that	73374
the user becomes physically or psychologically dependent on the	73375
substance, intoxicant, or drug or endangers the user's health,	73376
safety, or welfare or that of others.	73377

(B) The board of nursing may abstain from taking disciplinary	73378
action under section 4723.28 or 4723.86 of the Revised Code	73379
against an individual with a chemical dependency if it finds that	73380
the individual can be treated effectively and there is no	73381
impairment of the individual's ability to practice according to	73382
acceptable and prevailing standards of safe care. The board shall	73383
establish a chemical dependency monitoring program to monitor the	73384
registered nurses, licensed practical nurses, dialysis	73385
technicians, and certified community health workers against whom	73386
the board has abstained from taking action. The board shall	73387
develop the program, select the program's name, and designate a	73388
coordinator to administer the program.	73389

(C) Determinations regarding an individual's eligibility for	73390
admission to, continued participation in, and successful	73391
completion of the monitoring program shall be made by the board's	73392
supervising member for disciplinary matters in accordance with	73393
rules adopted under division (D) of this section.	73394

(D) The board shall adopt rules in accordance with Chapter	73395
119. of the Revised Code that establish the following:	73396

(1) Eligibility requirements for admission to and continued	73397
participation in the monitoring program;	73398

(2) Terms and conditions that must be met to participate in	73399
and successfully complete the program;	73400

(3) Procedures for keeping confidential records regarding	73401
participants;	73402

(4) Any other requirements or procedures necessary to	73403
establish and administer the program.	73404

(E)(1) As a condition of being admitted to the monitoring	73405
program, an individual shall surrender to the program coordinator	73406
the license or certificate that the individual holds. While the	73407
surrender is in effect, the individual is prohibited from engaging	73408
in the practice of nursing, engaging in the provision of dialysis	73409
care, or engaging in the provision of services that were being	73410
provided as a certified community health worker.	73411

If the board's supervising member for disciplinary matters	73412
determines that a participant is capable of resuming practice	73413
according to acceptable and prevailing standards of safe care, the	73414
program coordinator shall return the participant's license or	73415
certificate. If the participant violates the terms and conditions	73416
of resumed practice, the coordinator shall require the participant	73417
to surrender the license or certificate as a condition of	73418
continued participation in the program. The coordinator may	73419
require the surrender only on the approval of the board's	73420
supervising member for disciplinary matters.	73421

The surrender of a license or certificate on admission to the	73422
monitoring program or while participating in the program does not	73423
constitute an action by the board under section 4723.28 or 4723.86	73424
of the Revised Code. The participant may rescind the surrender at	73425
any time and the board may proceed by taking action under section	73426
4723.28 or 4723.86 of the Revised Code.	73427

(2) If the program coordinator determines that a participant	73428
is significantly out of compliance with the terms and conditions	73429
for participation, the coordinator shall notify the board's	73430
supervising member for disciplinary matters and the supervising	73431
member shall determine whether to temporarily suspend the	73432
participant's license or certificate. The board shall notify the	73433
participant of the suspension by certified mail sent to the	73434
participant's last known address and shall refer the matter to the	73435
board for formal action under section 4723.28 or 4723.86 of the	73436
Revised Code.	73437

(F) All of the following apply with respect to the receipt,	73438
release, and maintenance of records and information by the	73439
monitoring program:	73440

(1) The program coordinator shall maintain all program	73441
records in the board's office, and for each participant, shall	73442
retain the records for a period of two years following the	73443
participant's date of successful completion of the program.	73444

(2) When applying to participate in the monitoring program,	73445
the applicant shall sign a waiver permitting the board to receive	73446
and release information necessary to determine whether the	73447
individual is eligible for admission. After being admitted, the	73448
participant shall sign a waiver permitting the board to receive	73449
and release information necessary to determine whether the	73450
individual is eligible for continued participation in the program.	73451
Information that may be necessary for the board's supervising	73452
member for disciplinary matters to determine eligibility for	73453
admission or continued participation in the monitoring program	73454
includes, but is not limited to, information provided to and by	73455
employers, probation officers, law enforcement agencies, peer	73456
assistance programs, health professionals, and treatment	73457
providers. No entity with knowledge that the information has been	73458
provided to the monitoring program shall divulge that knowledge to	73459
any other person.	73460

(3) Except as provided in division (F)(4) of this section,	73461
all records pertaining to an individual's application for or	73462
participation in the monitoring program, including medical	73463
records, treatment records, and mental health records, shall be	73464
confidential. The records are not public records for the purposes	73465
of section 149.43 of the Revised Code and are not subject to	73466
discovery by subpoena or admissible as evidence in any judicial	73467
proceeding.	73468

(4) The board may disclose information regarding a	73469
participant's progress in the program to any person or government	73470
entity that the participant authorizes in writing to be given the	73471
information. In disclosing information under this division, the	73472
board shall not include any information that is protected under	73473
section ~~3793.13~~5119.27 of the Revised Code or any federal statute	73474
or regulation that provides for the confidentiality of medical,	73475
mental health, or substance abuse records.	73476

(G) In the absence of fraud or bad faith, the board as a	73477
whole, its individual members, and its employees and	73478
representatives are not liable for damages in any civil action as	73479
a result of disclosing information in accordance with division	73480
(F)(4) of this section. In the absence of fraud or bad faith, any	73481
person reporting to the program with regard to an individual's	73482
chemical dependence, or the progress or lack of progress of that	73483
individual with regard to treatment, is not liable for damages in	73484
any civil action as a result of the report.	73485

Sec. 4723.481. This section establishes standards and	73486
conditions regarding the authority of a clinical nurse specialist,	73487
certified nurse-midwife, or certified nurse practitioner to	73488
prescribe drugs and therapeutic devices under a certificate to	73489
prescribe issued under section ~~4723.481~~4723.48 of the Revised	73490
Code.	73491

(A) A clinical nurse specialist, certified nurse-midwife, or	73492
certified nurse practitioner shall not prescribe any drug or	73493
therapeutic device that is not included in the types of drugs and	73494
devices listed on the formulary established in rules adopted under	73495
section 4723.50 of the Revised Code.	73496

(B) The prescriptive authority of a clinical nurse	73497
specialist, certified nurse-midwife, or certified nurse	73498
practitioner shall not exceed the prescriptive authority of the	73499
collaborating physician or podiatrist, including the collaborating	73500
physician's authority to treat chronic pain with controlled	73501
substances and products containing tramadol as described in	73502
section 4731.052 of the Revised Code.	73503

(C)(1) Except as provided in division (C)(2) or (3) of this	73504
section, a clinical nurse specialist, certified nurse-midwife, or	73505
certified nurse practitioner may prescribe to a patient a schedule	73506
II controlled substance only if all of the following are the case:	73507

(a) The patient has a terminal condition, as defined in	73508
section 2133.01 of the Revised Code.	73509

(b) The collaborating physician of the clinical nurse	73510
specialist, certified nurse-midwife, or certified nurse	73511
practitioner initially prescribed the substance for the patient.	73512

(c) The prescription is for an amount that does not exceed	73513
the amount necessary for the patient's use in a single,	73514
twenty-four-hour period.	73515

(2) The restrictions on prescriptive authority in division	73516
(C)(1) of this section do not apply if a clinical nurse	73517
specialist, certified nurse-midwife, or certified nurse	73518
practitioner issues the prescription to the patient from any of	73519
the following locations:	73520

(a) A hospital registered under section 3701.07 of the	73521
Revised Code;	73522

(b) An entity owned or controlled, in whole or in part, by a	73523
hospital or by an entity that owns or controls, in whole or in	73524
part, one or more hospitals;	73525

(c) A health care facility operated by the department of	73526
~~mental health~~mental health and addiction services or the	73527
department of developmental disabilities;	73528

(d) A nursing home or residential care facility licensed	73529
under section 3721.02 of the Revised Code or by a political	73530
subdivision certified under section 3721.09 of the Revised Code;	73531

(e) A county home or district home operated under Chapter	73532
5155. of the Revised Code that is certified under the medicare or	73533
medicaid program;	73534

(f) A hospice care program, as defined in section 3712.01 of	73535
the Revised Code;	73536

(g) A community mental health ~~agency~~services provider, as	73537
defined in section 5122.01 of the Revised Code;	73538

(h) An ambulatory surgical facility, as defined in section	73539
3702.30 of the Revised Code;	73540

(i) A freestanding birthing center, as defined in section	73541
~~3702.51~~3702.141 of the Revised Code;	73542

(j) A federally qualified health center, as defined in	73543
section 3701.047 of the Revised Code;	73544

(k) A federally qualified health center look-alike, as	73545
defined in section 3701.047 of the Revised Code;	73546

(l) A health care office or facility operated by the board of	73547
health of a city or general health district or the authority	73548
having the duties of a board of health under section 3709.05 of	73549
the Revised Code;	73550

(m) A site where a medical practice is operated, but only if	73551
the practice is comprised of one or more physicians who also are	73552
owners of the practice; the practice is organized to provide	73553
direct patient care; and the clinical nurse specialist, certified	73554
nurse-midwife, or certified nurse practitioner providing services	73555
at the site has a standard care arrangement and collaborates with	73556
at least one of the physician owners who practices primarily at	73557
that site.	73558

(3) A clinical nurse specialist, certified nurse-midwife, or	73559
certified nurse practitioner shall not issue to a patient a	73560
prescription for a schedule II controlled substance from a	73561
convenience care clinic even if the clinic is owned or operated by	73562
an entity specified in division (C)(2) of this section.	73563

(D) A pharmacist who acts in good faith reliance on a	73564
prescription issued by a clinical nurse specialist, certified	73565
nurse-midwife, or certified nurse practitioner under division	73566
(C)(2) of this section is not liable for or subject to any of the	73567
following for relying on the prescription: damages in any civil	73568
action, prosecution in any criminal proceeding, or professional	73569
disciplinary action by the state board of pharmacy under Chapter	73570
4729. of the Revised Code.	73571

(E) A clinical nurse specialist, certified nurse-midwife, or	73572
certified nurse practitioner may personally furnish to a patient a	73573
sample of any drug or therapeutic device included in the types of	73574
drugs and devices listed on the formulary, except that all of the	73575
following conditions apply:	73576

(1) The amount of the sample furnished shall not exceed a	73577
seventy-two-hour supply, except when the minimum available	73578
quantity of the sample is packaged in an amount that is greater	73579
than a seventy-two-hour supply, in which case the packaged amount	73580
may be furnished.	73581

(2) No charge may be imposed for the sample or for furnishing	73582
it.	73583

(3) Samples of controlled substances may not be personally	73584
furnished.	73585

(F) A clinical nurse specialist, certified nurse-midwife, or	73586
certified nurse practitioner may personally furnish to a patient a	73587
complete or partial supply of a drug or therapeutic device	73588
included in the types of drugs and devices listed on the	73589
formulary, except that all of the following conditions apply:	73590

(1) The clinical nurse specialist, certified nurse-midwife,	73591
or certified nurse practitioner shall personally furnish only	73592
antibiotics, antifungals, scabicides, contraceptives, prenatal	73593
vitamins, antihypertensives, drugs and devices used in the	73594
treatment of diabetes, drugs and devices used in the treatment of	73595
asthma, and drugs used in the treatment of dyslipidemia.	73596

(2) The clinical nurse specialist, certified nurse-midwife,	73597
or certified nurse practitioner shall not furnish the drugs and	73598
devices in locations other than a health department operated by	73599
the board of health of a city or general health district or the	73600
authority having the duties of a board of health under section	73601
3709.05 of the Revised Code, a federally funded comprehensive	73602
primary care clinic, or a nonprofit health care clinic or program.	73603

(3) The clinical nurse specialist, certified nurse-midwife,	73604
or certified nurse practitioner shall comply with all safety	73605
standards for personally furnishing supplies of drugs and devices,	73606
as established in rules adopted under section 4723.50 of the	73607
Revised Code.	73608

Sec. 4725.03. The governor, with the advice and consent of	73609
the senate, shall appoint a state board of optometry consisting of	73610
six nonmedical residents of this state, five of whom shall be	73611
persons actually engaged in the practice of optometry for five	73612
years preceding appointment and one of whom shall be a member of	73613
the public at least ~~sixty~~fifty years of age. Terms of office	73614
shall be five years, commencing on the twenty-sixth day of	73615
September and ending on the twenty-fifth day of September. Each	73616
member shall hold office from the date of appointment until the	73617
end of the term for which appointed. Any member appointed to fill	73618
a vacancy occurring prior to the expiration of the term for which	73619
the member's predecessor was appointed shall hold office for the	73620
remainder of the term. A member shall continue in office	73621
subsequent to the expiration date of the member's term until the	73622
member's successor takes office, or until a period of sixty days	73623
has elapsed, whichever occurs first. No person shall serve as a	73624
member for more than two terms.	73625

Sec. 4725.16. (A) Each certificate of licensure, topical	73626
ocular pharmaceutical agents certificate, and therapeutic	73627
pharmaceutical agents certificate issued by the state board of	73628
optometry shall expire annually on the last day of December, and	73629
may be renewed in accordance with this section and the standard	73630
renewal procedure established under Chapter 4745. of the Revised	73631
Code.	73632

An optometrist seeking to continue to practice optometry	73633
shall file with the board an application for license renewal. The	73634
application shall be in such form and require such pertinent	73635
professional biographical data as the board may require.	73636

(B) All licensed optometrists shall annually complete	73637
continuing education in subjects relating to the practice of	73638
optometry, to the end that the utilization and application of new	73639
techniques, scientific and clinical advances, and the achievements	73640
of research will assure comprehensive care to the public. The	73641
board shall prescribe by rule the continuing optometric education	73642
that licensed optometrists must complete. The length of study	73643
shall be twenty-five clock hours each year, including ten clock	73644
hours of instruction in pharmacology to be completed by all	73645
licensed optometrists.	73646

Unless the continuing education required under this division	73647
is waived or deferred under division (D) of this section, the	73648
continuing education must be completed during the twelve-month	73649
period beginning on the first day of October and ending on the	73650
last day of September. If the board receives notice from a	73651
continuing education program indicating that an optometrist	73652
completed the program after the last day of September, and the	73653
optometrist wants to use the continuing education completed after	73654
that day to renew the license that expires on the last day of	73655
December of that year, the optometrist shall pay the penalty	73656
specified under section 4725.34 of the Revised Code for late	73657
completion of continuing education.	73658

At least once annually, the board shall post on its web site	73659
and shall mail, or send by electronic mail, to each licensed	73660
optometrist a list of courses approved in accordance with	73661
standards prescribed by board rule. Upon the request of a licensed	73662
optometrist, the executive director of the board shall supply a	73663
list of additional courses that the board has approved subsequent	73664
to the most recent web site posting, electronic mail transmission,	73665
or mailing of the list of approved courses.	73666

(C)(1) Annually, not later than the first day of November,	73667
the board shall mail or send by electronic mail a notice regarding	73668
license renewal to each licensed optometrist who may be eligible	73669
for renewal. The notice shall be sent to the optometrist's ~~last~~	73670
most recent electronic mail or mailing address shown in the	73671
board's records. If the board knows that the optometrist has	73672
completed the required continuing optometric education for the	73673
year, the board may include with the notice an application for	73674
license renewal.	73675

(2) Filing a license renewal application with the board shall	73676
serve as notice by the optometrist that the continuing optometric	73677
education requirement has been successfully completed. If the	73678
board finds that an optometrist has not completed the required	73679
continuing optometric education, the board shall disapprove the	73680
optometrist's application. The board's disapproval of renewal is	73681
effective without a hearing, unless a hearing is requested	73682
pursuant to Chapter 119. of the Revised Code.	73683

(3) The board shall refuse to accept an application for	73684
renewal from any applicant whose license is not in good standing	73685
or who is under disciplinary review pursuant to section 4725.19 of	73686
the Revised Code.	73687

(4) Notice of an applicant's failure to qualify for renewal	73688
shall be served upon the applicant by mail. The notice shall be	73689
sent not later than the fifteenth day of November to the	73690
applicant's last address shown in the board's records.	73691

(D) In cases of certified illness or undue hardship, the	73692
board may waive or defer for up to twelve months the requirement	73693
of continuing optometric education, except that in such cases the	73694
board may not waive or defer the continuing education in	73695
pharmacology required to be completed by optometrists who hold	73696
topical ocular pharmaceutical agents certificates or therapeutic	73697
pharmaceutical agents certificates. The board shall waive the	73698
requirement of continuing optometric education for any optometrist	73699
who is serving in the armed forces of the United States or who has	73700
received an initial certificate of licensure during the nine-month	73701
period which ended on the last day of September.	73702

(E) An optometrist whose renewal application has been	73703
approved may renew each certificate held by paying to the	73704
treasurer of state the fees for renewal specified under section	73705
4725.34 of the Revised Code. On payment of all applicable fees,	73706
the board shall issue a renewal of the optometrist's certificate	73707
of licensure, topical ocular pharmaceutical agents certificate,	73708
and therapeutic pharmaceutical agents certificate, as appropriate.	73709

(F) Not later than the fifteenth day of December, the board	73710
shall email or mail a second notice regarding license renewal to	73711
each licensed optometrist who may be eligible for renewal but did	73712
not respond to the notice sent under division (C)(1) of this	73713
section. The notice shall be sent to the optometrist's ~~last~~most	73714
recent email or mailing address shown in the board's records. If	73715
an optometrist fails to file a renewal application after the	73716
second notice is sent, the board shall send a third notice	73717
regarding license renewal prior to any action under division (I)	73718
of this section to classify the optometrist's certificates as	73719
delinquent.	73720

(G) The failure of an optometrist to apply for license	73721
renewal or the failure to pay the applicable annual renewal fees	73722
on or before the date of expiration, shall automatically work a	73723
forfeiture of the optometrist's authority to practice optometry in	73724
this state.	73725

(H) The board shall accept renewal applications and renewal	73726
fees that are submitted from the first day of January to the last	73727
day of April of the year next succeeding the date of expiration.	73728
An individual who submits such a late renewal application or fee	73729
shall pay the late renewal fee specified in section 4725.34 of the	73730
Revised Code.	73731

(I)(1) If the certificates issued by the board to an	73732
individual have expired and the individual has not filed a	73733
complete application during the late renewal period, the	73734
individual's certificates shall be classified in the board's	73735
records as delinquent.	73736

(2) Any optometrist subject to delinquent classification may	73737
submit a written application to the board for reinstatement. For	73738
reinstatement to occur, the applicant must meet all of the	73739
following conditions:	73740

(a) Submit to the board evidence of compliance with board	73741
rules requiring continuing optometric education in a sufficient	73742
number of hours to make up for any delinquent compliance;	73743

(b) Pay the renewal fees for the year in which application	73744
for reinstatement is made and the reinstatement fee specified	73745
under division (A)(8) of section 4725.34 of the Revised Code;	73746

(c) Pass all or part of the licensing examination accepted by	73747
the board under section 4725.11 of the Revised Code as the board	73748
considers appropriate to determine whether the application for	73749
reinstatement should be approved;	73750

(d) If the applicant has been practicing optometry in another	73751
state or country, submit evidence that the applicant's license to	73752
practice optometry in the other state or country is in good	73753
standing.	73754

(3) The board shall approve an application for reinstatement	73755
if the conditions specified in division (I)(2) of this section are	73756
met. An optometrist who receives reinstatement is subject to the	73757
continuing education requirements specified under division (B) of	73758
this section for the year in which reinstatement occurs.	73759

Sec. 4729.51. (A) No person other than a registered	73760
wholesale distributor of dangerous drugs shall possess for sale,	73761
sell, distribute, or deliver, at wholesale, dangerous drugs,	73762
except as follows:	73763

(1) A pharmacist who is a licensed terminal distributor of	73764
dangerous drugs or who is employed by a licensed terminal	73765
distributor of dangerous drugs may make occasional sales of	73766
dangerous drugs at wholesale;	73767

(2) A licensed terminal distributor of dangerous drugs having	73768
more than one establishment or place may transfer or deliver	73769
dangerous drugs from one establishment or place for which a	73770
license has been issued to the terminal distributor to another	73771
establishment or place for which a license has been issued to the	73772
terminal distributor if the license issued for each establishment	73773
or place is in effect at the time of the transfer or delivery.	73774

(B)(1) No registered wholesale distributor of dangerous drugs	73775
shall possess for sale, or sell, at wholesale, dangerous drugs to	73776
any person other than the following:	73777

(a) Except as provided in division (B)(2)(a) of this section,	73778
a licensed health professional authorized to prescribe drugs;	73779

(b) An optometrist licensed under Chapter 4725. of the	73780
Revised Code who holds a topical ocular pharmaceutical agents	73781
certificate;	73782

73783

(d) A manufacturer of dangerous drugs;

73784

(e) Subject to division (B)(3) of this section, a licensed	73785
terminal distributor of dangerous drugs;	73786

(f) Carriers or warehouses for the purpose of carriage or	73787
storage;	73788

(g) Terminal or wholesale distributors of dangerous drugs who	73789
are not engaged in the sale of dangerous drugs within this state;	73790

(h) An individual who holds a current license, certificate,	73791
or registration issued under Title 47XLVII of the Revised Code	73792
and has been certified to conduct diabetes education by a national	73793
certifying body specified in rules adopted by the state board of	73794
pharmacy under section 4729.68 of the Revised Code, but only with	73795
respect to insulin that will be used for the purpose of diabetes	73796
education and only if diabetes education is within the	73797
individual's scope of practice under statutes and rules regulating	73798
the individual's profession;	73799

(i) An individual who holds a valid certificate issued by a	73800
nationally recognized S.C.U.B.A. diving certifying organization	73801
approved by the state board of pharmacy in rule, but only with	73802
respect to medical oxygen that will be used for the purpose of	73803
emergency care or treatment at the scene of a diving emergency;	73804

(j) Except as provided in division (B)(2)(b) of this section,	73805
a business entity that is a corporation formed under division (B)	73806
of section 1701.03 of the Revised Code, a limited liability	73807
company formed under Chapter 1705. of the Revised Code, or a	73808
professional association formed under Chapter 1785. of the Revised	73809
Code if the entity has a sole shareholder who is a licensed health	73810
professional authorized to prescribe drugs and is authorized to	73811
provide the professional services being offered by the entity;	73812

(k) Except as provided in division (B)(2)(c) of this section,	73813
a business entity that is a corporation formed under division (B)	73814
of section 1701.03 of the Revised Code, a limited liability	73815
company formed under Chapter 1705. of the Revised Code, a	73816
partnership or a limited liability partnership formed under	73817
Chapter 1775. of the Revised Code, or a professional association	73818
formed under Chapter 1785. of the Revised Code, if, to be a	73819
shareholder, member, or partner, an individual is required to be	73820
licensed, certified, or otherwise legally authorized under Title	73821
XLVII of the Revised Code to perform the professional service	73822
provided by the entity and each such individual is a licensed	73823
health professional authorized to prescribe drugs.	73824

(2) No registered wholesale distributor of dangerous drugs	73825
shall possess for sale, or sell, at wholesale, dangerous drugs to	73826
any of the following:	73827

(a) A prescriber who is employed by a pain management clinic	73828
that is not licensed as a terminal distributor of dangerous drugs	73829
with a pain management clinic classification issued under section	73830
4729.552 of the Revised Code;	73831

(b) A business entity described in division (B)(1)(j) of this	73832
section that is, or is operating, a pain management clinic without	73833
a license as a terminal distributor of dangerous drugs with a pain	73834
management clinic classification issued under section 4729.552 of	73835
the Revised Code;	73836

(c) A business entity described in division (B)(1)(k) of this	73837
section that is, or is operating, a pain management clinic without	73838
a license as a terminal distributor of dangerous drugs with a pain	73839
management clinic classification issued under section 4729.552 of	73840
the Revised Code.	73841

(3) No registered wholesale distributor of dangerous drugs	73842
shall possess dangerous drugs for sale at wholesale, or sell such	73843
drugs at wholesale, to a licensed terminal distributor of	73844
dangerous drugs, except as follows:	73845

(a) In the case of a terminal distributor with a category I	73846
license, only dangerous drugs described in category I, as defined	73847
in division (A)(1) of section 4729.54 of the Revised Code;	73848

(b) In the case of a terminal distributor with a category II	73849
license, only dangerous drugs described in category I and category	73850
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	73851
the Revised Code;	73852

(c) In the case of a terminal distributor with a category III	73853
license, dangerous drugs described in category I, category II, and	73854
category III, as defined in divisions (A)(1), (2), and (3) of	73855
section 4729.54 of the Revised Code;	73856

(d) In the case of a terminal distributor with a limited	73857
category I, II, or III license, only the dangerous drugs specified	73858
in the certificate furnished by the terminal distributor in	73859
accordance with section 4729.60 of the Revised Code.	73860

(C)(1) Except as provided in division (C)(4) of this section,	73861
no person shall sell, at retail, dangerous drugs.	73862

(2) Except as provided in division (C)(4) of this section, no	73863
person shall possess for sale, at retail, dangerous drugs.	73864

(3) Except as provided in division (C)(4) of this section, no	73865
person shall possess dangerous drugs.	73866

(4) Divisions (C)(1), (2), and (3) of this section do not	73867
apply to a registered wholesale distributor of dangerous drugs, a	73868
licensed terminal distributor of dangerous drugs, or a person who	73869
possesses, or possesses for sale or sells, at retail, a dangerous	73870
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	73871
4729., 4730., 4731., and 4741. of the Revised Code.	73872

Divisions (C)(1), (2), and (3) of this section do not apply	73873
to an individual who holds a current license, certificate, or	73874
registration issued under Title XLVII of the Revised Code and has	73875
been certified to conduct diabetes education by a national	73876
certifying body specified in rules adopted by the state board of	73877
pharmacy under section 4729.68 of the Revised Code, but only to	73878
the extent that the individual possesses insulin or personally	73879
supplies insulin solely for the purpose of diabetes education and	73880
only if diabetes education is within the individual's scope of	73881
practice under statutes and rules regulating the individual's	73882
profession.	73883

Divisions (C)(1), (2), and (3) of this section do not apply	73884
to an individual who holds a valid certificate issued by a	73885
nationally recognized S.C.U.B.A. diving certifying organization	73886
approved by the state board of pharmacy in rule, but only to the	73887
extent that the individual possesses medical oxygen or personally	73888
supplies medical oxygen for the purpose of emergency care or	73889
treatment at the scene of a diving emergency.	73890

(D) No licensed terminal distributor of dangerous drugs shall	73891
purchase for the purpose of resale dangerous drugs from any person	73892
other than a registered wholesale distributor of dangerous drugs,	73893
except as follows:	73894

(1) A licensed terminal distributor of dangerous drugs may	73895
make occasional purchases of dangerous drugs for resale from a	73896
pharmacist who is a licensed terminal distributor of dangerous	73897
drugs or who is employed by a licensed terminal distributor of	73898
dangerous drugs;	73899

(2) A licensed terminal distributor of dangerous drugs having	73900
more than one establishment or place may transfer or receive	73901
dangerous drugs from one establishment or place for which a	73902
license has been issued to the terminal distributor to another	73903
establishment or place for which a license has been issued to the	73904
terminal distributor if the license issued for each establishment	73905
or place is in effect at the time of the transfer or receipt.	73906

(E) A pharmacy that is a licensed terminal distributor of	73907
dangerous drugs may operate a remote dispensing system in	73908
accordance with section 4729.542 of the Revised Code.	73909

(F) No licensed terminal distributor of dangerous drugs shall	73910
engage in the sale or other distribution of dangerous drugs at	73911
retail or maintain possession, custody, or control of dangerous	73912
drugs for any purpose other than the distributor's personal use or	73913
consumption, at any establishment or place other than that or	73914
those described in the license issued by the state board of	73915
pharmacy to such terminal distributor.	73916

~~(F)~~(G) Nothing in this section shall be construed to	73917
interfere with the performance of official duties by any law	73918
enforcement official authorized by municipal, county, state, or	73919
federal law to collect samples of any drug, regardless of its	73920
nature or in whose possession it may be.	73921

Sec. 4729.54. (A) As used in this section and section	73922
4729.541 of the Revised Code:	73923

(1) "Category I" means single-dose injections of intravenous	73924
fluids, including saline, Ringer's lactate, five per cent dextrose	73925
and distilled water, and other intravenous fluids or parenteral	73926
solutions included in this category by rule of the state board of	73927
pharmacy, that have a volume of one hundred milliliters or more	73928
and that contain no added substances, or single-dose injections of	73929
epinephrine to be administered pursuant to sections 4765.38 and	73930
4765.39 of the Revised Code.	73931

(2) "Category II" means any dangerous drug that is not	73932
included in category I or III.	73933

(3) "Category III" means any controlled substance that is	73934
contained in schedule I, II, III, IV, or V.	73935

(4) "Emergency medical service organization" has the same	73936
meaning as in section 4765.01 of the Revised Code.	73937

(5) "Person" includes an emergency medical service	73938
organization.	73939

(6) "Schedule I, schedule II, schedule III, schedule IV, and	73940
schedule V" mean controlled substance schedules I, II, III, IV,	73941
and V, respectively, as established pursuant to section 3719.41 of	73942
the Revised Code and as amended.	73943

(B)(1) A person who desires to be licensed as a terminal	73944
distributor of dangerous drugs shall file with the executive	73945
director of the state board of pharmacy a verified application.	73946
After it is filed, the application may not be withdrawn without	73947
approval of the board.	73948

(2) An application shall contain all the following that apply	73949
in the applicant's case:	73950

(a) Information that the board requires relative to the	73951
qualifications of a terminal distributor of dangerous drugs set	73952
forth in section 4729.55 of the Revised Code;	73953

(b) A statement that the person wishes to be licensed as a	73954
category I, category II, category III, limited category I, limited	73955
category II, or limited category III terminal distributor of	73956
dangerous drugs;	73957

(c) If the person wishes to be licensed as a limited category	73958
I, limited category II, or limited category III terminal	73959
distributor of dangerous drugs, a notarized list of the dangerous	73960
drugs that the person wishes to possess, have custody or control	73961
of, and distribute, which list shall also specify the purpose for	73962
which those drugs will be used and their source;	73963

(d) If the person is an emergency medical service	73964
organization, the information that is specified in division (C)(1)	73965
of this section;	73966

(e) Except for an emergency medical service organization, the	73967
identity of the one establishment or place at which the person	73968
intends to engage in the sale or other distribution of dangerous	73969
drugs at retail, and maintain possession, custody, or control of	73970
dangerous drugs for purposes other than the person's own use or	73971
consumption and any place at which the person intends to operate a	73972
remote dispensing system in accordance with section 4729.542 of	73973
the Revised Code;	73974

(f) If the application pertains to a pain management clinic,	73975
information that demonstrates, to the satisfaction of the board,	73976
compliance with division (A) of section 4729.552 of the Revised	73977
Code.	73978

(C)(1) An emergency medical service organization that wishes	73979
to be licensed as a terminal distributor of dangerous drugs shall	73980
list in its application for licensure the following additional	73981
information:	73982

(a) The units under its control that the organization	73983
determines will possess dangerous drugs for the purpose of	73984
administering emergency medical services in accordance with	73985
Chapter 4765. of the Revised Code;	73986

(b) With respect to each such unit, whether the dangerous	73987
drugs that the organization determines the unit will possess are	73988
in category I, II, or III.	73989

(2) An emergency medical service organization that is	73990
licensed as a terminal distributor of dangerous drugs shall file a	73991
new application for such licensure if there is any change in the	73992
number, or location of, any of its units or any change in the	73993
category of the dangerous drugs that any unit will possess.	73994

(3) A unit listed in an application for licensure pursuant to	73995
division (C)(1) of this section may obtain the dangerous drugs it	73996
is authorized to possess from its emergency medical service	73997
organization or, on a replacement basis, from a hospital pharmacy.	73998
If units will obtain dangerous drugs from a hospital pharmacy, the	73999
organization shall file, and maintain in current form, the	74000
following items with the pharmacist who is responsible for the	74001
hospital's terminal distributor of dangerous drugs license:	74002

(a) A copy of its standing orders or protocol;

74003

(b) A list of the personnel employed or used by the	74004
organization to provide emergency medical services in accordance	74005
with Chapter 4765. of the Revised Code, who are authorized to	74006
possess the drugs, which list also shall indicate the personnel	74007
who are authorized to administer the drugs.	74008

(D) Each emergency medical service organization that applies	74009
for a terminal distributor of dangerous drugs license shall submit	74010
with its application the following:	74011

(1) A notarized copy of its standing orders or protocol,	74012
which orders or protocol shall be signed by a physician and	74013
specify the dangerous drugs that its units may carry, expressed in	74014
standard dose units;	74015

(2) A list of the personnel employed or used by the	74016
organization to provide emergency medical services in accordance	74017
with Chapter 4765. of the Revised Code.	74018

An emergency medical service organization that is licensed as	74019
a terminal distributor shall notify the board immediately of any	74020
changes in its standing orders or protocol.	74021

(E) There shall be six categories of terminal distributor of	74022
dangerous drugs licenses, which categories shall be as follows:	74023

(1) Category I license. A person who obtains this license may	74024
possess, have custody or control of, and distribute only the	74025
dangerous drugs described in category I.	74026

(2) Limited category I license. A person who obtains this	74027
license may possess, have custody or control of, and distribute	74028
only the dangerous drugs described in category I that were listed	74029
in the application for licensure.	74030

(3) Category II license. A person who obtains this license	74031
may possess, have custody or control of, and distribute only the	74032
dangerous drugs described in category I and category II.	74033

(4) Limited category II license. A person who obtains this	74034
license may possess, have custody or control of, and distribute	74035
only the dangerous drugs described in category I or category II	74036
that were listed in the application for licensure.	74037

(5) Category III license, which may include a pain management	74038
clinic classification issued under section 4729.552 of the Revised	74039
Code. A person who obtains this license may possess, have custody	74040
or control of, and distribute the dangerous drugs described in	74041
category I, category II, and category III. If the license includes	74042
a pain management clinic classification, the person may operate a	74043
pain management clinic.	74044

(6) Limited category III license. A person who obtains this	74045
license may possess, have custody or control of, and distribute	74046
only the dangerous drugs described in category I, category II, or	74047
category III that were listed in the application for licensure.	74048

(F) Except for an application made on behalf of an animal	74049
shelter, if an applicant for licensure as a limited category I,	74050
II, or III terminal distributor of dangerous drugs intends to	74051
administer dangerous drugs to a person or animal, the applicant	74052
shall submit, with the application, a notarized copy of its	74053
protocol or standing orders, which protocol or orders shall be	74054
signed by a licensed health professional authorized to prescribe	74055
drugs, specify the dangerous drugs to be administered, and list	74056
personnel who are authorized to administer the dangerous drugs in	74057
accordance with federal law or the law of this state. An	74058
application made on behalf of an animal shelter shall include a	74059
notarized list of the dangerous drugs to be administered to	74060
animals and the personnel who are authorized to administer the	74061
drugs to animals in accordance with section 4729.532 of the	74062
Revised Code. After obtaining a terminal distributor license, a	74063
licensee shall notify the board immediately of any changes in its	74064
protocol or standing orders, or in such personnel.	74065

(G)(1) Except as provided in division (G)(2) of this section,	74066
each applicant for licensure as a terminal distributor of	74067
dangerous drugs shall submit, with the application, a license fee	74068
determined as follows:	74069

(a) For a category I or limited category I license,	74070
forty-five dollars;	74071

(b) For a category II or limited category II license, one	74072
hundred twelve dollars and fifty cents;	74073

(c) For a category III license, including a license with a	74074
pain management clinic classification issued under section	74075
4729.552 of the Revised Code, or a limited category III license,	74076
one hundred fifty dollars.	74077

(2) For a professional association, corporation, partnership,	74078
or limited liability company organized for the purpose of	74079
practicing veterinary medicine, the fee shall be forty dollars.	74080

(3) Fees assessed under divisions (G)(1) and (2) of this	74081
section shall not be returned if the applicant fails to qualify	74082
for registration.	74083

(H)(1) The board shall issue a terminal distributor of	74084
dangerous drugs license to each person who submits an application	74085
for such licensure in accordance with this section, pays the	74086
required license fee, is determined by the board to meet the	74087
requirements set forth in section 4729.55 of the Revised Code, and	74088
satisfies any other applicable requirements of this section.	74089

(2) The license of a person other than an emergency medical	74090
service organization shall describe the one establishment or place	74091
at which the licensee may engage in the sale or other distribution	74092
of dangerous drugs at retail and maintain possession, custody, or	74093
control of dangerous drugs for purposes other than the licensee's	74094
own use or consumption and any place at which the person intends	74095
to operate a remote dispensing system in accordance with section	74096
4729.542 of the Revised Code. The one establishment or place and	74097
any place at which the person intends to operate a remote	74098
dispensing system shall be ~~that which is~~those described in the	74099
application for licensure.	74100

No such license shall authorize or permit the terminal	74101
distributor of dangerous drugs named in it to engage in the sale	74102
or other distribution of dangerous drugs at retail or to maintain	74103
possession, custody, or control of dangerous drugs for any purpose	74104
other than the distributor's own use or consumption, at any	74105
establishment or place other than ~~that~~those described in the	74106
license, except that an agent or employee of an animal shelter may	74107
possess and use dangerous drugs in the course of business as	74108
provided in division (D) of section 4729.532 of the Revised Code.	74109

(3) The license of an emergency medical service organization	74110
shall cover and describe all the units of the organization listed	74111
in its application for licensure.	74112

(4) The license of every terminal distributor of dangerous	74113
drugs shall indicate, on its face, the category of licensure. If	74114
the license is a limited category I, II, or III license, it shall	74115
specify, and shall authorize the licensee to possess, have custody	74116
or control of, and distribute only, the dangerous drugs that were	74117
listed in the application for licensure.	74118

(I) All licenses issued pursuant to this section shall be	74119
effective for a period of twelve months from the first day of	74120
January of each year. A license shall be renewed by the board for	74121
a like period, annually, according to the provisions of this	74122
section, and the standard renewal procedure of Chapter 4745. of	74123
the Revised Code. A person who desires to renew a license shall	74124
submit an application for renewal and pay the required fee on or	74125
before the thirty-first day of December each year. The fee	74126
required for the renewal of a license shall be the same as the fee	74127
paid for the license being renewed, and shall accompany the	74128
application for renewal.	74129

A license that has not been renewed during December in any	74130
year and by the first day of February of the following year may be	74131
reinstated only upon payment of the required renewal fee and a	74132
penalty fee of fifty-five dollars.	74133

(J)(1) No emergency medical service organization that is	74134
licensed as a terminal distributor of dangerous drugs shall fail	74135
to comply with division (C)(2) or (3) of this section.	74136

(2) No emergency medical service organization that is	74137
licensed as a terminal distributor of dangerous drugs shall fail	74138
to comply with division (D) of this section.	74139

(3) No licensed terminal distributor of dangerous drugs shall	74140
possess, have custody or control of, or distribute dangerous drugs	74141
that the terminal distributor is not entitled to possess, have	74142
custody or control of, or distribute by virtue of its category of	74143
licensure.	74144

(4) No licensee that is required by division (F) of this	74145
section to notify the board of changes in its protocol or standing	74146
orders, or in personnel, shall fail to comply with that division.	74147

Sec. 4729.542. (A) As used in this section, "remote	74148
dispensing system" means a mechanical system for dispensing drugs	74149
that is installed in a facility and communicates electronically	74150
with a pharmacy.	74151

(B) A pharmacy licensed under this chapter as a terminal	74152
distributor of dangerous drugs may use a remote dispensing system	74153
to assist in the distribution of dangerous drugs at a nursing home	74154
or residential care facility licensed under Chapter 3721. of the	74155
Revised Code if all of the following requirements are met:	74156

(1) The system has a documented and ongoing quality assurance	74157
program that monitors total system performance and requires one	74158
hundred per cent accuracy in drugs dispensed and their strength.	74159

(2) The system has security adequate to prevent unauthorized	74160
access to dangerous drugs.	74161

(3) Records kept by the system comply with requirements of	74162
the state board of pharmacy.	74163

(C) A pharmacist licensed under this chapter is not required	74164
to maintain supervision and control of a remote dispensing system	74165
or be physically present at the facility where the system is used	74166
to dispense drugs.	74167

(D) As part of the quality assurance program required by	74168
division (B)(1) of this section, the facility where the remote	74169
dispensing system is located shall complete periodic audits of	74170
controlled substances dispensed through the system.	74171

Sec. 4729.69. (A) The state board of pharmacy, in	74172
collaboration with the director of ~~alcohol and drug addiction~~	74173
~~services~~mental health and addiction services and attorney	74174
general, shall establish and administer a drug take-back program	74175
under which drugs are collected from the community for the purpose	74176
of destruction or disposal of the drugs.	74177

(B) The program shall be established and administered in such	74178
a manner that it does both of the following:	74179

(1) Complies with any state or federal laws regarding the	74180
collection, destruction, or disposal of drugs;	74181

(2) Maintains the confidentiality of individuals who submit	74182
or otherwise provide drugs under the program.	74183

(C) In consultation with the director of ~~alcohol and drug~~	74184
~~addiction services~~mental health and addiction services and	74185
attorney general, the board shall adopt rules governing the	74186
program. The rules shall be adopted in accordance with Chapter	74187
119. of the Revised Code. In adopting the rules, the board shall	74188
specify all of the following:	74189

(1) The entities that may participate;

74190

(2) Guidelines and responsibilities for accepting drugs by	74191
participating entities;	74192

(3) Drugs that may be collected;

74193

(4) Record-keeping requirements;

74194

(5) Proper methods to destroy unused drugs;

74195

(6) Privacy protocols and security standards;

74196

(7) Drug transportation procedures;

74197

(8) The schedule, duration, and frequency of the collections	74198
of drugs, except that the first collection shall occur not later	74199
than one year after ~~the effective date of this section~~May 20,	74200
2011;	74201

(9) Any other standards and procedures the board considers	74202
necessary for purposes of governing the program.	74203

(D) In accordance with state and federal law, the board may	74204
adopt rules to allow an entity participating in the program to	74205
return any unused drugs to the pharmacy that originally dispensed	74206
the drug. The rules shall include procedures to be followed to	74207
maintain the confidentiality of the person for whom the drug was	74208
dispensed.	74209

(E) Rules adopted under this section may not do any of the	74210
following:	74211

(1) Require any entity to establish, fund, or operate a drug	74212
take-back program;	74213

(2) Establish any new licensing requirement or fee to	74214
participate in the program;	74215

(3) Require any entity to compile data on drugs collected.

74216

(F) The board may compile data on the amount and type of	74217
drugs collected under the program. For purposes of this division,	74218
the board may cooperate with a public or private entity in	74219
obtaining assistance in the compilation of data. An entity	74220
providing the assistance shall not be reimbursed under the program	74221
for any costs incurred in providing the assistance.	74222

(G) If the board compiles data under division (F) of this	74223
section, the board shall submit a report to the governor and, in	74224
accordance with section 101.68 of the Revised Code, the general	74225
assembly. The report, to the extent possible, shall include the	74226
following information:	74227

(1) Total weight of drugs collected, both with and without	74228
packaging;	74229

(2) The weight of controlled substances;

74230

(3) The amount of all of the following as a per cent of total	74231
drugs collected:	74232

(a) Controlled substances;

74233

(b) Brand name drugs;

74234

74235

(d) Prescription drugs;

74236

(e) Non-prescription drugs.

74237

(4) The amount of vitamins, herbal supplements, and personal	74238
care products collected;	74239

(5) If provided by the person who submitted or otherwise	74240
donated drugs to the program, the reasons why the drugs were	74241
returned or unused.	74242

(H) No entity is required to participate in a drug take-back	74243
program established under this section, and no entity shall be	74244
subject to civil liability or professional disciplinary action for	74245
declining to participate.	74246

(I) The board may accept grants, gifts, or donations for	74247
purposes of the program. Money received under this division shall	74248
be deposited into the drug take-back program fund established	74249
under section 109.90 of the Revised Code.	74250

Sec. 4729.80. (A) If the state board of pharmacy establishes	74251
and maintains a drug database pursuant to section 4729.75 of the	74252
Revised Code, the board is authorized or required to provide	74253
information from the database in accordance with the following:	74254

(1) On receipt of a request from a designated representative	74255
of a government entity responsible for the licensure, regulation,	74256
or discipline of health care professionals with authority to	74257
prescribe, administer, or dispense drugs, the board may provide to	74258
the representative information from the database relating to the	74259
professional who is the subject of an active investigation being	74260
conducted by the government entity.	74261

(2) On receipt of a request from a federal officer, or a	74262
state or local officer of this or any other state, whose duties	74263
include enforcing laws relating to drugs, the board shall provide	74264
to the officer information from the database relating to the	74265
person who is the subject of an active investigation of a drug	74266
abuse offense, as defined in section 2925.01 of the Revised Code,	74267
being conducted by the officer's employing government entity.	74268

(3) Pursuant to a subpoena issued by a grand jury, the board	74269
shall provide to the grand jury information from the database	74270
relating to the person who is the subject of an investigation	74271
being conducted by the grand jury.	74272

(4) Pursuant to a subpoena, search warrant, or court order in	74273
connection with the investigation or prosecution of a possible or	74274
alleged criminal offense, the board shall provide information from	74275
the database as necessary to comply with the subpoena, search	74276
warrant, or court order.	74277

(5) On receipt of a request from a prescriber or the	74278
prescriber's delegate approved by the board, the board may provide	74279
to the prescriber information from the database relating to a	74280
patient who is either of the following, if the prescriber	74281
certifies in a form specified by the board that it is for the	74282
purpose of providing medical treatment to the patient who is the	74283
subject of the request;	74284

(a) A current patient of the prescriber;

74285

(b) A potential patient of the prescriber based on a referral	74286
of the patient to the prescriber.	74287

(6) On receipt of a request from a pharmacist or the	74288
pharmacist's delegate approved by the board, the board may provide	74289
to the pharmacist information from the database relating to a	74290
current patient of the pharmacist, if the pharmacist certifies in	74291
a form specified by the board that it is for the purpose of the	74292
pharmacist's practice of pharmacy involving the patient who is the	74293
subject of the request.	74294

(7) On receipt of a request from an individual seeking the	74295
individual's own database information in accordance with the	74296
procedure established in rules adopted under section 4729.84 of	74297
the Revised Code, the board may provide to the individual the	74298
individual's own database information.	74299

(8) On receipt of a request from the medical director of a	74300
managed care organization that has entered into a data security	74301
agreement with the board required by section ~~5111.1710~~5167.14 of	74302
the Revised Code, the board ~~may~~shall provide to the medical	74303
director information from the database relating to a medicaid	74304
recipient enrolled in the managed care organization, including	74305
information in the database related to prescriptions for the	74306
recipient that were not covered or reimbursed under a program	74307
administered by the department of medicaid.	74308

(9) On receipt of a request from the medicaid director ~~of job~~	74309
~~and family services~~, the board ~~may~~shall provide to the director	74310
information from the database relating to a recipient of a program	74311
administered by the department of ~~job and family services~~	74312
medicaid, including information in the database related to	74313
prescriptions for the recipient that were not covered or paid by a	74314
program administered by the department.	74315

(10) On receipt of a request from the administrator of	74316
workers' compensation, the board may provide to the administrator	74317
information from the database relating to a claimant under Chapter	74318
4121., 4123., 4127., or 4131. of the Revised Code.	74319

(11) On receipt of a request from a requestor described in	74320
division (A)(1), (2), (5), or (6) of this section who is from or	74321
participating with another state's prescription monitoring	74322
program, the board may provide to the requestor information from	74323
the database, but only if there is a written agreement under which	74324
the information is to be used and disseminated according to the	74325
laws of this state.	74326

(B) The state board of pharmacy shall maintain a record of	74327
each individual or entity that requests information from the	74328
database pursuant to this section. In accordance with rules	74329
adopted under section 4729.84 of the Revised Code, the board may	74330
use the records to document and report statistics and law	74331
enforcement outcomes.	74332

The board may provide records of an individual's requests for	74333
database information to the following:	74334

(1) A designated representative of a government entity that	74335
is responsible for the licensure, regulation, or discipline of	74336
health care professionals with authority to prescribe, administer,	74337
or dispense drugs who is involved in an active investigation being	74338
conducted by the government entity of the individual who submitted	74339
the requests for database information;	74340

(2) A federal officer, or a state or local officer of this or	74341
any other state, whose duties include enforcing laws relating to	74342
drugs and who is involved in an active investigation being	74343
conducted by the officer's employing government entity of the	74344
individual who submitted the requests for database information.	74345

(C) Information contained in the database and any information	74346
obtained from it is not a public record. Information contained in	74347
the records of requests for information from the database is not a	74348
public record. Information that does not identify a person may be	74349
released in summary, statistical, or aggregate form.	74350

(D) A pharmacist or prescriber shall not be held liable in	74351
damages to any person in any civil action for injury, death, or	74352
loss to person or property on the basis that the pharmacist or	74353
prescriber did or did not seek or obtain information from the	74354
database.	74355

Sec. 4729.81. If the state board of pharmacy establishes and	74356
maintains a drug database pursuant to section 4729.75 of the	74357
Revised Code, the board shall review the information in the drug	74358
database. If the board determines from the review that a violation	74359
of law may have occurred, it shall notify the appropriate law	74360
enforcement agency or a government entity responsible for the	74361
licensure, regulation, or discipline of licensed health	74362
professionals authorized to prescribe drugs and supply information	74363
required by the agency or entity for an investigation of the	74364
violation of law that may have occurred. The board also shall	74365
notify the medicaid director if the board determines that the	74366
violation may have been committed by a provider of services under	74367
a program administered by the department of medicaid.	74368

Sec. 4729.99. (A) Whoever violates section 4729.16, division	74369
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	74370
Code is guilty of a minor misdemeanor. Each day's violation	74371
constitutes a separate offense.	74372

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	74373
the Revised Code is guilty of a misdemeanor of the third degree.	74374
Each day's violation constitutes a separate offense. If the	74375
offender previously has been convicted of or pleaded guilty to a	74376
violation of this chapter, that person is guilty of a misdemeanor	74377
of the second degree.	74378

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	74379
the Revised Code is guilty of a misdemeanor.	74380

(D) Whoever violates division (A), (B), (D), or ~~(E)~~(F) of	74381
section 4729.51 of the Revised Code is guilty of a misdemeanor of	74382
the first degree.	74383

(E)(1) Whoever violates section 4729.37, division (C)(2) of	74384
section 4729.51, division (J) of section 4729.54, or section	74385
4729.61 of the Revised Code is guilty of a felony of the fifth	74386
degree. If the offender previously has been convicted of or	74387
pleaded guilty to a violation of this chapter or a violation of	74388
Chapter 2925. or 3719. of the Revised Code, that person is guilty	74389
of a felony of the fourth degree.	74390

(2) If an offender is convicted of or pleads guilty to a	74391
violation of section 4729.37, division (C) of section 4729.51,	74392
division (J) of section 4729.54, or section 4729.61 of the Revised	74393
Code, if the violation involves the sale, offer to sell, or	74394
possession of a schedule I or II controlled substance, with the	74395
exception of marihuana, and if the court imposing sentence upon	74396
the offender finds that the offender as a result of the violation	74397
is a major drug offender, as defined in section 2929.01 of the	74398
Revised Code, and is guilty of a specification of the type	74399
described in section 2941.1410 of the Revised Code, the court, in	74400
lieu of the prison term authorized or required by division (E)(1)	74401
of this section and sections 2929.13 and 2929.14 of the Revised	74402
Code and in addition to any other sanction imposed for the offense	74403
under sections 2929.11 to 2929.18 of the Revised Code, shall	74404
impose upon the offender, in accordance with division (B)(3) of	74405
section 2929.14 of the Revised Code, the mandatory prison term	74406
specified in that division.	74407

(3) Notwithstanding any contrary provision of section 3719.21	74408
of the Revised Code, the clerk of court shall pay any fine imposed	74409
for a violation of section 4729.37, division (C) of section	74410
4729.51, division (J) of section 4729.54, or section 4729.61 of	74411
the Revised Code pursuant to division (A) of section 2929.18 of	74412
the Revised Code in accordance with and subject to the	74413
requirements of division (F) of section 2925.03 of the Revised	74414
Code. The agency that receives the fine shall use the fine as	74415
specified in division (F) of section 2925.03 of the Revised Code.	74416

(F) Whoever violates section 4729.531 of the Revised Code or	74417
any rule adopted thereunder or section 4729.532 of the Revised	74418
Code is guilty of a misdemeanor of the first degree.	74419

(G) Whoever violates division (C)(1) of section 4729.51 of	74420
the Revised Code is guilty of a felony of the fourth degree. If	74421
the offender has previously been convicted of or pleaded guilty to	74422
a violation of this chapter, or of a violation of Chapter 2925. or	74423
3719. of the Revised Code, that person is guilty of a felony of	74424
the third degree.	74425

(H) Whoever violates division (C)(3) of section 4729.51 of	74426
the Revised Code is guilty of a misdemeanor of the first degree.	74427
If the offender has previously been convicted of or pleaded guilty	74428
to a violation of this chapter, or of a violation of Chapter 2925.	74429
or 3719. of the Revised Code, that person is guilty of a felony of	74430
the fifth degree.	74431

(I)(1) Whoever violates division (B) of section 4729.42 of	74432
the Revised Code is guilty of unauthorized pharmacy-related drug	74433
conduct. Except as otherwise provided in this section,	74434
unauthorized pharmacy-related drug conduct is a misdemeanor of the	74435
second degree. If the offender previously has been convicted of or	74436
pleaded guilty to a violation of division (B), (C), (D), or (E) of	74437
that section, unauthorized pharmacy-related drug conduct is a	74438
misdemeanor of the first degree on a second offense and a felony	74439
of the fifth degree on a third or subsequent offense.	74440

(2) Whoever violates division (C) or (D) of section 4729.42	74441
of the Revised Code is guilty of permitting unauthorized	74442
pharmacy-related drug conduct. Except as otherwise provided in	74443
this section, permitting unauthorized pharmacy-related drug	74444
conduct is a misdemeanor of the second degree. If the offender	74445
previously has been convicted of or pleaded guilty to a violation	74446
of division (B), (C), (D), or (E) of that section, permitting	74447
unauthorized pharmacy-related drug conduct is a misdemeanor of the	74448
first degree on a second offense and a felony of the fifth degree	74449
on a third or subsequent offense.	74450

(3) Whoever violates division (E) of section 4729.42 of the	74451
Revised Code is guilty of the offense of falsification under	74452
section 2921.13 of the Revised Code. In addition to any other	74453
sanction imposed for the violation, the offender is forever	74454
disqualified from engaging in any activity specified in division	74455
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	74456
from performing any function as a health care professional or	74457
health care worker. As used in this division, "health care	74458
professional" and "health care worker" have the same meanings as	74459
in section 2305.234 of the Revised Code.	74460

(4) Notwithstanding any contrary provision of section 3719.21	74461
of the Revised Code or any other provision of law that governs the	74462
distribution of fines, the clerk of the court shall pay any fine	74463
imposed pursuant to division (I)(1), (2), or (3) of this section	74464
to the state board of pharmacy if the board has adopted a written	74465
internal control policy under division (F)(2) of section 2925.03	74466
of the Revised Code that addresses fine moneys that it receives	74467
under Chapter 2925. of the Revised Code and if the policy also	74468
addresses fine moneys paid under this division. The state board of	74469
pharmacy shall use the fines so paid in accordance with the	74470
written internal control policy to subsidize the board's law	74471
enforcement efforts that pertain to drug offenses.	74472

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	74473
the Revised Code is guilty of a misdemeanor of the third degree.	74474
If the offender has previously been convicted of or pleaded guilty	74475
to a violation of division (A)(1), (2), or (3) of section 4729.86	74476
of the Revised Code, that person is guilty of a misdemeanor of the	74477
first degree.	74478

(2) Whoever violates division (A)(2) of section 4729.86 of	74479
the Revised Code is guilty of a misdemeanor of the first degree.	74480
If the offender has previously been convicted of or pleaded guilty	74481
to a violation of division (A)(1), (2), or (3) of section 4729.86	74482
of the Revised Code, that person is guilty of a felony of the	74483
fifth degree.	74484

(3) Whoever violates division (A)(3) of section 4729.86 of	74485
the Revised Code is guilty of a felony of the fifth degree. If the	74486
offender has previously been convicted of or pleaded guilty to a	74487
violation of division (A)(1), (2), or (3) of section 4729.86 of	74488
the Revised Code, that person is guilty of a felony of the fourth	74489
degree.	74490

(K) A person who violates division (C) of section 4729.552 of	74491
the Revised Code is guilty of a misdemeanor of the first degree.	74492
If the person previously has been convicted of or pleaded guilty	74493
to a violation of division (C) of section 4729.552 of the Revised	74494
Code, that person is guilty of a felony of the fifth degree.	74495

Sec. 4730.411. (A) Except as provided in division (B) or (C)	74496
of this section, a physician assistant may prescribe to a patient	74497
a schedule II controlled substance only if all of the following	74498
are the case:	74499

(1) The patient is in a terminal condition, as defined in	74500
section 2133.01 of the Revised Code.	74501

(2) The physician assistant's supervising physician initially	74502
prescribed the substance for the patient.	74503

(3) The prescription is for an amount that does not exceed	74504
the amount necessary for the patient's use in a single,	74505
twenty-four-hour period.	74506

(B) The restrictions on prescriptive authority in division	74507
(A) of this section do not apply if a physician assistant issues	74508
the prescription to the patient from any of the following	74509
locations:	74510

(1) A hospital registered under section 3701.07 of the	74511
Revised Code;	74512

(2) An entity owned or controlled, in whole or in part, by a	74513
hospital or by an entity that owns or controls, in whole or in	74514
part, one or more hospitals;	74515

(3) A health care facility operated by the department of	74516
mental health or the department of developmental disabilities;	74517

(4) A nursing home or residential care facility licensed	74518
under section 3721.02 of the Revised Code or by a political	74519
subdivision certified under section 3721.09 of the Revised Code;	74520

(5) A county home or district home operated under Chapter	74521
5155. of the Revised Code that is certified under the medicare or	74522
medicaid program;	74523

(6) A hospice care program, as defined in section 3712.01 of	74524
the Revised Code;	74525

(7) A community mental health ~~agency~~services provider, as	74526
defined in section 5122.01 of the Revised Code;	74527

(8) An ambulatory surgical facility, as defined in section	74528
3702.30 of the Revised Code;	74529

(9) A freestanding birthing center, as defined in section	74530
3702.51 of the Revised Code;	74531

(10) A federally qualified health center, as defined in	74532
section 3701.047 of the Revised Code;	74533

(11) A federally qualified health center look-alike, as	74534
defined in section 3701.047 of the Revised Code;	74535

(12) A health care office or facility operated by the board	74536
of health of a city or general health district or the authority	74537
having the duties of a board of health under section 3709.05 of	74538
the Revised Code;	74539

(13) A site where a medical practice is operated, but only if	74540
the practice is comprised of one or more physicians who also are	74541
owners of the practice; the practice is organized to provide	74542
direct patient care; and the physician assistant has entered into	74543
a supervisory agreement with at least one of the physician owners	74544
who practices primarily at that site.	74545

(C) A physician assistant shall not issue to a patient a	74546
prescription for a schedule II controlled substance from a	74547
convenience care clinic even if the convenience care clinic is	74548
owned or operated by an entity specified in division (B) of this	74549
section.	74550

(D) A pharmacist who acts in good faith reliance on a	74551
prescription issued by a physician assistant under division (B) of	74552
this section is not liable for or subject to any of the following	74553
for relying on the prescription: damages in any civil action,	74554
prosecution in any criminal proceeding, or professional	74555
disciplinary action by the state board of pharmacy under Chapter	74556
4729. of the Revised Code.	74557

Sec. 4731.151. (A) Naprapaths who received a certificate to	74558
practice from the board prior to March 2, 1992, may continue to	74559
practice naprapathy, as defined in rules adopted by the board.	74560
Such naprapaths shall practice in accordance with rules adopted by	74561
the board.	74562

(B)(1) As used in this division:

74563

(a) "Mechanotherapy" means all of the following:

74564

(i) Examining patients by verbal inquiry;

74565

(ii) Examination of the musculoskeletal system by hand;

74566

(iii) Visual inspection and observation;

74567

(iv) Diagnosing a patient's condition only as to whether the	74568
patient has a disorder of the musculoskeletal system;	74569

(v) In the treatment of patients, employing the techniques of	74570
advised or supervised exercise; electrical neuromuscular	74571
stimulation; massage or manipulation; or air, water, heat, cold,	74572
sound, or infrared ray therapy only to those disorders of the	74573
musculoskeletal system that are amenable to treatment by such	74574
techniques and that are identifiable by examination performed in	74575
accordance with division (B)(1)(a)(i) of this section and	74576
diagnosable in accordance with division (B)(1)(a)(ii) of this	74577
section.	74578

(b) "Educational requirements" means the completion of a	74579
course of study appropriate for certification to practice	74580
mechanotherapy on or before November 3, 1985, as determined by	74581
rules adopted under this chapter.	74582

(2) Mechanotherapists who received a certificate to practice	74583
from the board prior to March 2, 1992, may continue to practice	74584
mechanotherapy, as defined in rules adopted by the board. Such	74585
mechanotherapists shall practice in accordance with rules adopted	74586
by the board.	74587

A person authorized by this division to practice as a	74588
mechanotherapist may examine, diagnose, and assume responsibility	74589
for the care of patients with due regard for first aid and the	74590
hygienic and nutritional care of the patients. Roentgen rays shall	74591
be used by a mechanotherapist only for diagnostic purposes.	74592

(3) A person who holds a certificate to practice	74593
mechanotherapy and completed educational requirements in	74594
mechanotherapy on or before November 3, 1985, is entitled to use	74595
the title "doctor of mechanotherapy" and is a "physician" who	74596
performs "medical services" for the purposes of Chapters 4121. and	74597
4123. of the Revised Code and the medicaid program ~~established~~	74598
~~under section 5111.01 of the Revised Code~~, and shall receive	74599
payment or reimbursement as provided under those chapters and that	74600
~~section~~program.	74601

Sec. 4731.23. (A)(1)(a) The state medical board shall	74602
designate one or more attorneys at law who have been admitted to	74603
the practice of law, and who are classified as either	74604
administrative law attorney examiners or as administrative law	74605
attorney examiner administrators under the state job	74606
classification plan adopted under section 124.14 of the Revised	74607
Code, as hearing examiners, subject to Chapter 119. of the Revised	74608
Code, to conduct any hearing which the medical board is empowered	74609
to hold or undertake pursuant to Chapter 119. of the Revised Code.	74610

(b) Notwithstanding the requirement of division (A)(1)(a) of	74611
this section that the board designate as a hearing examiner an	74612
attorney who is classified as either an administrative law	74613
attorney examiner or an administrative law attorney examiner	74614
administrator, the board may, subject to ~~controlling board~~	74615
~~approval~~section 127.16 of the Revised Code, enter into a personal	74616
service contract with an attorney admitted to the practice of law	74617
in this state to serve on a temporary basis as a hearing examiner.	74618

(2) The hearing examiner shall hear and consider the oral and	74619
documented evidence introduced by the parties and issue in writing	74620
proposed findings of fact and conclusions of law to the board for	74621
their consideration within thirty days following the close of the	74622
hearing.	74623

(B) The board shall be given copies of the transcript of the	74624
record hearing and all exhibits and documents presented by the	74625
parties at the hearing.	74626

(C) The board shall, upon the favorable vote of three	74627
members, allow the parties or their counsel the opportunity to	74628
present oral arguments on the proposed findings of fact and	74629
conclusions of law of the hearing examiner prior to the board's	74630
final action.	74631

(D) The board shall render a decision and take action within	74632
sixty days following the receipt of the hearing examiner's	74633
proposed findings of fact and conclusions of law or within any	74634
longer period mutually agreed upon by the board and the	74635
certificate holder.	74636

(E) The final decision of the board in any hearing which the	74637
board is empowered to undertake shall be in writing and contain	74638
findings of fact and conclusions of law. Copies of the decision	74639
shall be delivered to the parties personally or by certified mail.	74640
The decision shall be final upon delivery or mailing, except that	74641
the certificate holder may appeal in the manner provided by	74642
Chapter 119. of the Revised Code.	74643

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	74644
Revised Code:	74645

(A)(1) "Clinical laboratory services" means either of the	74646
following:	74647

(a) Any examination of materials derived from the human body	74648
for the purpose of providing information for the diagnosis,	74649
prevention, or treatment of any disease or impairment or for the	74650
assessment of health;	74651

(b) Procedures to determine, measure, or otherwise describe	74652
the presence or absence of various substances or organisms in the	74653
body.	74654

(2) "Clinical laboratory services" does not include the mere	74655
collection or preparation of specimens.	74656

(B) "Designated health services" means any of the following:

74657

(1) Clinical laboratory services;

74658

(2) Home health care services;

74659

(3) Outpatient prescription drugs.

74660

(C) "Fair market value" means the value in arms-length	74661
transactions, consistent with general market value and:	74662

(1) With respect to rentals or leases, the value of rental	74663
property for general commercial purposes, not taking into account	74664
its intended use;	74665

(2) With respect to a lease of space, not adjusted to reflect	74666
the additional value the prospective lessee or lessor would	74667
attribute to the proximity or convenience to the lessor if the	74668
lessor is a potential source of referrals to the lessee.	74669

(D) "Governmental health care program" means any program	74670
providing health care benefits that is administered by the federal	74671
government, this state, or a political subdivision of this state,	74672
including the medicare program ~~established under Title XVIII of~~	74673
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,~~	74674
~~as amended~~, health care coverage for public employees, health care	74675
benefits administered by the bureau of workers' compensation, and	74676
the medicaid program ~~established under Chapter 5111. of the~~	74677
~~Revised Code~~.	74678

(E)(1) "Group practice" means a group of two or more holders	74679
of certificates under this chapter legally organized as a	74680
partnership, professional corporation or association, limited	74681
liability company, foundation, nonprofit corporation, faculty	74682
practice plan, or similar group practice entity, including an	74683
organization comprised of a nonprofit medical clinic that	74684
contracts with a professional corporation or association of	74685
physicians to provide medical services exclusively to patients of	74686
the clinic in order to comply with section 1701.03 of the Revised	74687
Code and including a corporation, limited liability company,	74688
partnership, or professional association described in division (B)	74689
of section 4731.226 of the Revised Code formed for the purpose of	74690
providing a combination of the professional services of	74691
optometrists who are licensed, certificated, or otherwise legally	74692
authorized to practice optometry under Chapter 4725. of the	74693
Revised Code, chiropractors who are licensed, certificated, or	74694
otherwise legally authorized to practice chiropractic or	74695
acupuncture under Chapter 4734. of the Revised Code, psychologists	74696
who are licensed, certificated, or otherwise legally authorized to	74697
practice psychology under Chapter 4732. of the Revised Code,	74698
registered or licensed practical nurses who are licensed,	74699
certificated, or otherwise legally authorized to practice nursing	74700
under Chapter 4723. of the Revised Code, pharmacists who are	74701
licensed, certificated, or otherwise legally authorized to	74702
practice pharmacy under Chapter 4729. of the Revised Code,	74703
physical therapists who are licensed, certificated, or otherwise	74704
legally authorized to practice physical therapy under sections	74705
4755.40 to 4755.56 of the Revised Code, occupational therapists	74706
who are licensed, certificated, or otherwise legally authorized to	74707
practice occupational therapy under sections 4755.04 to 4755.13 of	74708
the Revised Code, mechanotherapists who are licensed,	74709
certificated, or otherwise legally authorized to practice	74710
mechanotherapy under section 4731.151 of the Revised Code, and	74711
doctors of medicine and surgery, osteopathic medicine and surgery,	74712
or podiatric medicine and surgery who are licensed, certificated,	74713
or otherwise legally authorized for their respective practices	74714
under this chapter, to which all of the following apply:	74715

(a) Each physician who is a member of the group practice	74716
provides substantially the full range of services that the	74717
physician routinely provides, including medical care,	74718
consultation, diagnosis, or treatment, through the joint use of	74719
shared office space, facilities, equipment, and personnel.	74720

(b) Substantially all of the services of the members of the	74721
group are provided through the group and are billed in the name of	74722
the group and amounts so received are treated as receipts of the	74723
group.	74724

(c) The overhead expenses of and the income from the practice	74725
are distributed in accordance with methods previously determined	74726
by members of the group.	74727

(d) The group practice meets any other requirements that the	74728
state medical board applies in rules adopted under section 4731.70	74729
of the Revised Code.	74730

(2) In the case of a faculty practice plan associated with a	74731
hospital with a medical residency training program in which	74732
physician members may provide a variety of specialty services and	74733
provide professional services both within and outside the group,	74734
as well as perform other tasks such as research, the criteria in	74735
division (E)(1) of this section apply only with respect to	74736
services rendered within the faculty practice plan.	74737

(F) "Home health care services" and "immediate family" have	74738
the same meanings as in the rules adopted under section 4731.70 of	74739
the Revised Code.	74740

(G) "Hospital" has the same meaning as in section 3727.01 of	74741
the Revised Code.	74742

(H) A "referral" includes both of the following:

74743

(1) A request by a holder of a certificate under this chapter	74744
for an item or service, including a request for a consultation	74745
with another physician and any test or procedure ordered by or to	74746
be performed by or under the supervision of the other physician;	74747

(2) A request for or establishment of a plan of care by a	74748
certificate holder that includes the provision of designated	74749
health services.	74750

(I) "Third-party payer" has the same meaning as in section	74751
3901.38 of the Revised Code.	74752

Sec. 4731.71. The auditor of state may implement procedures	74753
to detect violations of section 4731.66 or 4731.69 of the Revised	74754
Code within governmental health care programs administered by the	74755
state. The auditor of state shall report any violation of either	74756
section to the state medical board and shall certify to the	74757
attorney general in accordance with section 131.02 of the Revised	74758
Code the amount of any refund owed to a state-administered	74759
governmental health care program under section 4731.69 of the	74760
Revised Code as a result of a violation. If a refund is owed to	74761
the medicaid program ~~established under Chapter 5111. of the~~	74762
~~Revised Code~~, the auditor of state also shall report the amount to	74763
the department of ~~job and family services~~medicaid.	74764

The state medical board also may implement procedures to	74765
detect violations of section 4731.66 or 4731.69 of the Revised	74766
Code.	74767

Sec. 4734.41. (A) As used in this section:

74768

(1) "Chemical dependency" means either of the following:

74769

(a) The chronic and habitual use of alcoholic beverages to	74770
the extent that the user no longer can control the use of alcohol	74771
or endangers the user's health, safety, or welfare or that of	74772
others;	74773

(b) The use of a controlled substance as defined in section	74774
3719.01 of the Revised Code, a harmful intoxicant as defined in	74775
section 2925.01 of the Revised Code, or a dangerous drug as	74776
defined in section 4729.01 of the Revised Code, to the extent that	74777
the user becomes physically or psychologically dependent on the	74778
substance, intoxicant, or drug or endangers the user's health,	74779
safety, or welfare or that of others.	74780

(2) "Mental illness" means a recognized psychiatric or	74781
psychological condition, disorder, or syndrome that has been	74782
diagnosed by a psychiatrist, psychologist, professional clinical	74783
counselor, or independent social worker as a condition, disorder,	74784
or syndrome that may pose a danger to the person diagnosed or	74785
others or may prevent the person from practicing the person's	74786
profession according to acceptable and prevailing standards of	74787
care.	74788

(B) The state chiropractic board shall establish a chemical	74789
dependency and mental illness monitoring program. The program	74790
shall be made available to any individual under the board's	74791
jurisdiction who has a chemical dependency or mental illness and	74792
meets the board's eligibility requirements for admission to and	74793
continued participation in the program. The board shall develop	74794
the program and may designate a coordinator to administer it or	74795
enter into a contract for the program to be administered by	74796
another entity through a coordinator. The board shall adopt rules	74797
in accordance with Chapter 119. of the Revised Code that establish	74798
standards and procedure for operating the program.	74799

(C) Except as provided in division (D) of this section, all	74800
records of an individual's participation in the monitoring	74801
program, including medical records, chemical dependency records,	74802
and mental health records, shall be confidential, are not public	74803
records for the purposes of section 149.43 of the Revised Code,	74804
and are not subject to discovery by subpoena or ~~admissble~~	74805
admissible as evidence in any judicial proceeding. The program	74806
coordinator shall maintain all records as directed by the board.	74807

(D) The monitoring program's coordinator may disclose records	74808
or information regarding an individual's progress and status of	74809
participation in the program to the disciplinary section of the	74810
board and to any person or government entity that the program	74811
participant authorizes in writing to be given the records or	74812
information.	74813

In disclosing records or information under this division, the	74814
coordinator shall not include any record or information that is	74815
protected under section ~~3793.13~~5119.27 of the Revised Code or any	74816
federal statute or regulation that provides for the	74817
confidentiality of mental health or substance abuse records.	74818

(E) In the absence of fraud or bad faith, the monitoring	74819
program's coordinator, the board and the board's employees and	74820
representatives are not liable for damages in any civil action as	74821
a result of disclosing records or information in accordance with	74822
division (D) of this section. In the absence of fraud or bad	74823
faith, any person reporting to the program an individual's	74824
chemical dependency or mental illness, or the progress or lack of	74825
progress of that individual with regard to treatment, is not	74826
liable for damages in any civil action as a result of the report.	74827

(F) The board may abstain from taking formal disciplinary	74828
action under section 4734.31 of the Revised Code against an	74829
individual because of the individual's chemical dependency or	74830
mental illness, if the individual meets the eligibility	74831
requirements for admission into the monitoring program and all of	74832
the following occur:	74833

(1) The individual enters into a monitoring agreement with	74834
the coordinator of the program;	74835

(2) The individual complies with the terms and conditions for	74836
continued participation in the program, as specified in the	74837
monitoring agreement;	74838

(3) The individual successfully completes the terms and	74839
conditions of the monitoring agreement, including the condition	74840
that the individual attain the ability to practice in accordance	74841
with acceptable and prevailing standards of care applicable to the	74842
practice of chiropractic.	74843

Sec. 4745.01. (A) "Standard renewal procedure," as used in	74844
Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,	74845
927., 942., 943., 953., 1321., 3710., 3713., 3719., 3742., 3748.,	74846
3769., 3783., 3921., 3951., 4104., 4105., ~~4143.,~~ 4169., 4561.,	74847
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727.,	74848
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., 4747.,	74849
4749., 4752., 4753., 4755., 4757., 4758., 4759., 4761., 4766.,	74850
4773., and 4775. of the Revised Code, means the license renewal	74851
procedures specified in this chapter.	74852

(B) "Licensing agency," as used in this chapter, means any	74853
department, division, board, section of a board, or other state	74854
governmental unit subject to the standard renewal procedure, as	74855
defined in this section, and authorized by the Revised Code to	74856
issue a license to engage in a specific profession, occupation, or	74857
occupational activity, or to have charge of and operate certain	74858
specified equipment, machinery, or premises.	74859

(C) "License," as used in this chapter, means a license,	74860
certificate, permit, card, or other authority issued or conferred	74861
by a licensing agency by authority of which the licensee has or	74862
claims the privilege to engage in the profession, occupation, or	74863
occupational activity, or to have control of and operate certain	74864
specific equipment, machinery, or premises, over which the	74865
licensing agency has jurisdiction.	74866

(D) "Licensee," as used in this chapter, means either the	74867
person to whom the license is issued or renewed by a licensing	74868
agency, or the person, partnership, or corporation at whose	74869
request the license is issued or renewed.	74870

(E) "Renewal" and "renewed," as used in this chapter and in	74871
the chapters of the Revised Code specified in division (A) of this	74872
section, includes the continuing licensing procedure provided in	74873
Chapter 3748. of the Revised Code and rules adopted under it and	74874
in sections 1321.05 and 3921.33 of the Revised Code, and as	74875
applied to those continuing licenses any reference in this chapter	74876
to the date of expiration of any license shall be construed to	74877
mean the due date of the annual or other fee for the continuing	74878
license.	74879

Sec. 4751.01. As used in sections 4751.01 to ~~4751.11~~4751.13	74880
of the Revised Code:	74881

(A) "Long-term services and supports settings" means any	74882
institutional or community-based setting in which medical, health,	74883
psycho-social, habilitative, rehabilitative, or personal care	74884
services are provided to individuals on a post-acute care basis.	74885

(B) "Nursing home administrator" means any individual	74886
responsible for planning, organizing, directing, and managing the	74887
operation of a nursing home, or who in fact performs such	74888
function, whether or not such functions and duties are shared by	74889
one or more other persons.	74890

~~(B)~~(C) "Nursing home" means a nursing home as defined by or	74891
under the authority of section 3721.01 of the Revised Code, or a	74892
nursing home operated by a governmental agency.	74893

~~(C)~~(D) "Temporary license" means a license for a period not	74894
to exceed one hundred eighty days issued pursuant to division (B)	74895
of section 4751.06 of the Revised Code.	74896

~~(D)~~(E) "Valid license" means a license which is current and	74897
in good standing.	74898

Sec. 4751.02. (A) No person shall operate a nursing home	74899
unless it is under the supervision of an administrator whose	74900
principal occupation is nursing home administration or hospital	74901
administration and who holds a valid nursing home administrator's	74902
license and registration, or a temporary license, issued pursuant	74903
to Chapter 4751. of the Revised Code.	74904

(B) No person other than a licensed and registered nursing	74905
home administrator or person holding a temporary license as	74906
required by Chapter 4751. of the Revised Code shall practice or	74907
offer to practice nursing home administration in this state. All	74908
nursing home administrators and temporary licensees shall comply	74909
with Chapter 4751. of the Revised Code and the regulations adopted	74910
thereunder.	74911

(C) Every operator of a nursing home shall report to the	74912
board of ~~examiners~~executives of ~~nursing home administrators~~	74913
long-term services and supports the name and license number of	74914
each nursing home administrator for said home within ten days	74915
after the operator engages a nursing home administrator, and	74916
within ten days after a nursing home administrator is no longer	74917
engaged as such by such operator for said home.	74918

(D) Each individual who holds a nursing home administrator	74919
license or temporary license shall report ~~his~~the individual's	74920
residence mailing address and the name and address of each place	74921
of employment to the board within ten days after any change.	74922

Sec. 4751.03. (A) There is hereby established in the	74923
department of ~~health~~aging a board of ~~examiners~~executives of	74924
~~nursing home administrators~~long-term services and supports, which	74925
board shall be composed of ~~nine~~the following eleven members,	74926
~~eight of whom shall be representative of the professions and~~	74927
~~institutions concerned with care and treatment of chronically ill~~	74928
~~or infirm aged patients, and one of whom shall be a public member~~	74929
~~at least sixty years of age, provided that less than a majority of~~	74930
~~the board members shall be representative of a single profession~~	74931
~~or institutional category, and provided further that a person~~	74932
~~appointed as a noninstitutional member shall neither have nor~~	74933
~~acquire any direct financial interest in a nursing home. For~~	74934
~~purposes of this section, nursing home administrators are~~	74935
~~considered representatives of institutions.~~	74936

~~Four members shall be nursing home administrators, owners of~~	74937
~~nursing homes or an officer of a corporation owning a nursing~~	74938
~~home. The director of health or his designated representative~~	74939
~~shall be a member. All~~:	74940

(1) Four members who are nursing home administrators, owners	74941
of nursing homes, or officers of corporations owning nursing	74942
homes, and who shall have an understanding of person-centered	74943
care, and experience with a range of long-term services and	74944
supports settings;	74945

(2)(a) Three members who work in long-term services and	74946
supports settings that are not nursing homes, and who shall have	74947
an understanding of person-centered care, and experience with a	74948
range of long-term services and supports settings;	74949

(b) At least one of the members described in division	74950
(A)(2)(a) of this section shall be a home health administrator, an	74951
owner of a home health agency, or an officer of a home health	74952
agency.	74953

(3) One member who is a member of the academic community;

74954

(4) One member who is a consumer of services offered in a	74955
long-term services and supports setting;	74956

(5) One member who is a representative of the department of	74957
health, designated by the director of health, who is involved in	74958
the nursing home survey and certification process;	74959

(6) One member who is a representative of the office of the	74960
state long-term care, designated by the state long-term care	74961
ombudsman.	74962

All members of the board shall be citizens of the United	74963
States and residents of this state. No member of the board who is	74964
appointed under divisions (A)(3) to (6) of this section may have	74965
or acquire any direct financial interest in a nursing home or	74966
long-term services and supports settings.	74967

(B) The term of office for each appointed member of the board	74968
shall be for three years, commencing on the twenty-eighth day of	74969
May and ending on the twenty-seventh day of May. Each member shall	74970
serve from the date of ~~his~~ appointment until the end of the term	74971
for which ~~he was~~ appointed. No member shall serve more than two	74972
consecutive full terms.	74973

(C) Appointments to the board shall be made by the governor.	74974
Any member appointed to fill a vacancy occurring prior to the	74975
expiration of the term for which ~~his~~the member's predecessor was	74976
appointed shall hold office for the remainder of such term. Any	74977
appointed member shall continue in office subsequent to the	74978
expiration date of ~~his~~the member's term until ~~his~~the member's	74979
successor takes office, or until a period of sixty days has	74980
elapsed, whichever occurs first.	74981

(D) The governor may remove any member of the board for	74982
misconduct, incapacity, incompetence, or neglect of duty after the	74983
member so charged has been served with a written statement of	74984
charges and has been given an opportunity to be heard.	74985

(E) Each member of the board, except the member designated by	74986
the director of health ~~or his~~and the member designated	74987
~~representative~~by the ombudsman, shall be paid in accordance with	74988
section 124.15 of the Revised Code and each member shall be	74989
reimbursed for ~~his~~the member's actual and necessary expenses	74990
incurred in the discharge of such duties.	74991

(F) The board shall elect annually from its membership a	74992
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	74993

(G) The board shall hold and conduct meetings quarterly and	74994
at such other times as its business requires. A majority of the	74995
board shall constitute a quorum. The affirmative vote of a	74996
majority of the members of the board is necessary for the board to	74997
act.	74998

(H) The board shall appoint a secretary who has no financial	74999
interest in a ~~nursing home~~long-term services and supports	75000
setting, and may employ and prescribe the powers and duties of	75001
such employees and consultants as are necessary to carry out this	75002
chapter and the rules adopted under it. ~~Administrative, technical,~~	75003
~~or other services shall be performed, insofar as practicable, by~~	75004
~~personnel of the department of health.~~	75005

Sec. 4751.04. (A) The board of ~~examiners~~executives of	75006
~~nursing home administrators~~long-term services and supports shall:	75007

(1) Develop, adopt, impose, and enforce regulations	75008
prescribing standards which must be met by individuals in order to	75009
receive a license as a nursing home administrator, which standards	75010
shall be designed to ensure that nursing home administrators are	75011
of good character and are otherwise suitable, and who, by training	75012
and experience, are qualified to serve as nursing home	75013
administrators;	75014

(2) Develop and apply appropriate techniques, including	75015
examinations and investigations, for determining whether an	75016
individual meets such standards;	75017

(3) Issue licenses and registrations to individuals	75018
determined, after application of such techniques, to meet such	75019
standards, and revoke or suspend licenses or registrations	75020
previously issued by the board in any case where the individual	75021
holding such license or registration is determined to have failed	75022
substantially to conform to the requirements of such standards;	75023

(4) Develop, adopt, impose, and enforce regulations and	75024
procedures designed to ensure that individuals holding a temporary	75025
license, or licensed as nursing home administrators will, during	75026
any period that they serve as such, comply with Chapter 4751. of	75027
the Revised Code and the regulations adopted thereunder;	75028

(5) Receive, investigate, and take appropriate action with	75029
respect to any charge or complaint filed with the board to the	75030
effect that any individual licensed as a nursing home	75031
administrator has failed to comply with Chapter 4751. of the	75032
Revised Code and the regulations adopted thereunder;	75033

(6) Take such other actions as may be necessary to enable the	75034
state to meet the requirements set forth in the "Social Security	75035
Amendments of 1967," 81 Stat. 908 (1968), 42 U.S.C. 1396 g;	75036

(7) Pay all license and registration fees collected under	75037
Chapter 4751. of the Revised Code into the ~~general operations~~	75038
board of executives of long-term services and support fund created	75039
by section ~~3701.83~~4751.14 of the Revised Code to be used in	75040
administering and enforcing this chapter and the rules adopted	75041
under it;	75042

(8) Administer, or contract with a government or private	75043
entity to administer, examinations for licensure as a nursing home	75044
administrator. If the board contracts with a government or private	75045
entity to administer the examinations, the contract may authorize	75046
the entity to collect and keep, as all or part of the entity's	75047
compensation under the contract, any fee an applicant for	75048
licensure pays to take an examination. The entity is not required	75049
to deposit the fee into the state treasury;	75050

(9) Enter into a contract with the department of aging as	75051
required under section 4751.042 of the Revised Code;	75052

(10) Create opportunities for the education, training, and	75053
credentialing of nursing home administrators and others in	75054
leadership positions who practice in long-term services and	75055
supports settings or who direct the practices of others in those	75056
settings. In carrying out this function, the board shall do the	75057
following:	75058

(a) Identify core competencies and areas of knowledge that	75059
are appropriate for nursing home administrators and others working	75060
within the long-term services and supports settings system, with	75061
an emphasis on all of the following:	75062

(i) Leadership;

75063

(ii) Person-centered care;

75064

(iii) Principles of management within both the business and	75065
regulatory environments;	75066

(iv) An understanding of all post-acute settings, including	75067
transitions from acute settings and between post-acute settings.	75068

(b) Assist in the development of a strong, competitive market	75069
in Ohio for training, continuing education, and degree programs in	75070
long-term services and supports settings administration.	75071

(B) In the administration and enforcement of Chapter 4751. of	75072
the Revised Code, and the regulations adopted thereunder, the	75073
board is subject to Chapter 119. of the Revised Code and sections	75074
4743.01 and 4743.02 of the Revised Code except that a notice of	75075
appeal of an order of the board adopting, amending, or rescinding	75076
a rule or regulation does not operate as a stay of the effective	75077
date of such order as provided in section 119.11 of the Revised	75078
Code. The court, at its discretion, may grant a stay of any	75079
regulation in its application against the person filing the notice	75080
of appeal.	75081

Sec. 4751.041. Except when the board of ~~examiners~~executives	75082
of ~~nursing home administrators~~long-term services and supports	75083
considers it necessary, the board shall not disclose test	75084
materials, examinations, or evaluation tools used in an	75085
examination for licensure as a nursing home administrator that the	75086
board administers under section 4751.04 of the Revised Code or	75087
contracts under that section with a private or government entity	75088
to administer.	75089

Sec. 4751.042. (A) The board of executives of long-term	75090
services and supports shall enter into a written agreement with	75091
the department of aging for the department to serve as the board's	75092
fiscal agent. The fiscal agent shall be responsible for all the	75093
board's fiscal matters and financial transactions, as specified in	75094
the agreement. The written agreement shall specify the fees that	75095
the board shall pay to the fiscal agent for services performed	75096
under the agreement, and such fees shall be in proportion to the	75097
services performed for the board.	75098

(1) The agreement shall require the fiscal agent to provide	75099
the following services:	75100

(a) Preparation and processing of payroll and other personnel	75101
documents that the board approves;	75102

(b) Maintenance of ledgers of accounts and reports of account	75103
balances, and monitoring of budgets and allotment plans in	75104
consultation with the board;	75105

(c) Performance of other routine support services, specified	75106
in the agreement, that the fiscal agent considers appropriate to	75107
achieve efficiency.	75108

(2) The agreement may require the fiscal agent to provide the	75109
following services:	75110

(a) Any shared services between the board and the fiscal	75111
agent;	75112

(b) Any other services agreed to by the board and the	75113
department, including administrative or technical services.	75114

(B) The board, in conjunction and consultation with the	75115
fiscal agent, has the following authority and responsibility	75116
relative to fiscal matters:	75117

(1) Sole authority to expend funds from the board's accounts	75118
for programs and any other necessary expenses the board may incur;	75119

(2) Responsibility to cooperate with and inform the fiscal	75120
agent fully of all financial transactions.	75121

(C) The board shall follow all state procurement, fiscal,	75122
human resources, information technology, statutory, and	75123
administrative rule requirements.	75124

(D) In its role as fiscal agent for the board, the department	75125
shall serve as a contractor of the board, and does not assume	75126
responsibility for the debts or fiscal obligations of the board.	75127

Sec. 4751.05. (A) The board of ~~examiners~~executives of	75128
~~nursing home administrators~~long-term services and supports, or a	75129
government or private entity under contract with the board to	75130
administer examinations for licensure as a nursing home	75131
administrator, shall admit to an examination any candidate who:	75132

(1) Pays the application fee of fifty dollars;

75133

(2) Submits evidence of good moral character and suitability;

75134

(3) Is at least eighteen years of age;

75135

(4) Has completed educational requirements and work	75136
experience satisfactory to the board;	75137

(5) Submits an application on forms prescribed by the board;

75138

(6) Pays the examination fee charged by the board or	75139
government or private entity.	75140

(B) Nothing in Chapter 4751. of the Revised Code or the rules	75141
adopted thereunder shall be construed to require an applicant for	75142
licensure or a temporary license, who is employed by an	75143
institution for the care and treatment of the sick to demonstrate	75144
proficiency in any medical techniques or to meet any medical	75145
educational qualifications or medical standards not in accord with	75146
the remedial care and treatment provided by the institution if the	75147
institution is all of the following:	75148

(1) Operated exclusively for patients who use spiritual means	75149
for healing and for whom the acceptance of medical care is	75150
inconsistent with their religious beliefs;	75151

(2) Accredited by a national accrediting organization;

75152

(3) Exempt from federal income taxation under section 501 of	75153
the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,	75154
as amended;	75155

(4) Providing twenty-four hour nursing care pursuant to the	75156
exemption in division (E) of section 4723.32 of the Revised Code	75157
from the licensing requirements of Chapter 4723. of the Revised	75158
Code.	75159

(C) If a person fails three times to attain a passing grade	75160
on the examination, said person, before the person may again be	75161
admitted to examination, shall meet such additional education or	75162
experience requirements, or both, as may be prescribed by the	75163
board.	75164

Sec. 4751.06. (A) An applicant for licensure as a nursing	75165
home administrator who has successfully completed the requirements	75166
of section 4751.05 of the Revised Code, passed the examination	75167
administered by the board of ~~examiners~~executives of ~~nursing home~~	75168
~~administrators~~long-term services and supports or a government or	75169
private entity under contract with the board, and paid to the	75170
board an original license fee of two hundred fifty dollars shall	75171
be issued a license on a form provided by the board. Such license	75172
shall certify that the applicant has met the licensure	75173
requirements of Chapter 4751. of the Revised Code and is entitled	75174
to practice as a licensed nursing home administrator.	75175

(B) A temporary license for a period not to exceed one	75176
hundred eighty days may be issued to an individual temporarily	75177
filling the position of a nursing home administrator vacated by	75178
reason of death, illness, or other unexpected cause, pursuant to	75179
regulations adopted by the board.	75180

(C) The fee for a temporary license is one hundred dollars.	75181
Said fee must accompany the application for the temporary license.	75182

(D) Any license or temporary license issued by the board	75183
pursuant to this section shall be under the hand of the	75184
chairperson and the secretary of the board.	75185

(E) A duplicate of the original certificate of registration	75186
or license may be secured to replace one that has been lost or	75187
destroyed by submitting to the board a notarized statement	75188
explaining the conditions of the loss, mutilation, or destruction	75189
of the certificate or license and by paying a fee of twenty-five	75190
dollars.	75191

(F) A duplicate certificate of registration and license may	75192
be issued in the event of a legal change of name by submitting to	75193
the board a certified copy of the court order or marriage license	75194
establishing the change of name, by returning at the same time the	75195
original license and certificate of registration, and by paying a	75196
fee of twenty-five dollars.	75197

Sec. 4751.07. (A) Every individual who holds a valid license	75198
as a nursing home administrator issued under division (A) of	75199
section 4751.06 of the Revised Code, shall immediately upon	75200
issuance thereof be registered with the board of ~~examiners~~	75201
executives of ~~nursing home administrators~~long-term services and	75202
supports and be issued a certificate of registration. Such	75203
individual shall annually apply to the board for a new certificate	75204
of registration on forms provided for such purpose prior to the	75205
expiration of the certificate of registration and shall at the	75206
same time submit satisfactory evidence to the board of having	75207
attended such continuing education programs or courses of study as	75208
may be prescribed in rules adopted by the board.	75209

(B) Upon making an application for a new certificate of	75210
registration such individual shall pay the annual registration fee	75211
of three hundred dollars.	75212

(C) Upon receipt of such application for registration and the	75213
registration fee required by divisions (A) and (B) of this	75214
section, the board shall issue a certificate of registration to	75215
such nursing home administrator.	75216

(D) The license of a nursing home administrator who fails to	75217
comply with this section shall automatically lapse.	75218

(E) A nursing home administrator who has been licensed and	75219
registered in this state who determines to temporarily abandon the	75220
practice of nursing home administration shall notify the board in	75221
writing immediately; provided, that such individual may thereafter	75222
register to resume the practice of nursing home administration	75223
within the state upon complying with the requirements of this	75224
section regarding annual registration.	75225

(F) Only an individual who has qualified as a licensed and	75226
registered nursing home administrator under Chapter 4751. of the	75227
Revised Code and the rules adopted thereunder, and who holds a	75228
valid current registration certificate pursuant to this section,	75229
may use the title "nursing home administrator," or the	75230
abbreviation "N.H.A." after the individual's name. No other person	75231
shall use such title or such abbreviation or any other words,	75232
letters, sign, card, or device tending to indicate or to imply	75233
that the person is a licensed and registered nursing home	75234
administrator.	75235

(G) Every person holding a valid license entitling the person	75236
to practice nursing home administration in this state shall	75237
display said license in the nursing home which is the person's	75238
principal place of employment, and while engaged in the practice	75239
of nursing home administration shall have at hand the current	75240
registration certificate.	75241

(H) Every person holding a valid temporary license shall have	75242
such license at hand while engaged in the practice of nursing home	75243
administration.	75244

Sec. 4751.08. The board of ~~examiners~~executives of ~~nursing~~	75245
~~home administrators~~long-term services and supports, in its	75246
discretion, and otherwise subject to Chapter 4751. of the Revised	75247
Code and the rules adopted by the board thereunder prescribing the	75248
qualifications for a nursing home administrator license, may	75249
license a nursing home administrator without examination if hethe	75250
nursing home administrator has a valid license issued by the	75251
proper authorities of any other state, upon payment of a fee of	75252
one hundred fifty dollars, and upon submission of evidence	75253
satisfactory to the board both:	75254

(A) That such other state maintained a system and standard of	75255
qualifications and examinations for a nursing home administrator	75256
license which were substantially equivalent to those required in	75257
this state at the time such other license was issued by such other	75258
state;	75259

(B) That such other state gives similar recognition to	75260
nursing home administrators licensed in this state.	75261

Sec. 4751.10. The license or registration, or both, or the	75262
temporary license of any person practicing or offering to practice	75263
nursing home administration, shall be revoked or suspended by the	75264
board of ~~examiners~~executives of ~~nursing home administrators~~	75265
long-term services and supports if such licensee or temporary	75266
licensee:	75267

(A) Is unfit or incompetent by reason of negligence, habits,	75268
or other causes;	75269

(B) Has willfully or repeatedly violated any of the	75270
provisions of Chapter 4751. of the Revised Code or the regulations	75271
adopted thereunder; or willfully or repeatedly acted in a manner	75272
inconsistent with the health and safety of the patients of the	75273
nursing home in which hethe licensee or temporary licensee is the	75274
administrator;	75275

(C) Is guilty of fraud or deceit in the practice of nursing	75276
home administration or in ~~his~~the licensee's or temporary	75277
licensee's admission to such practice;	75278

(D) Has been convicted in a court of competent jurisdiction,	75279
either within or without this state, of a felony.	75280

Proceedings under this section shall be instituted by the	75281
board or shall be begun by filing with the board charges in	75282
writing and under oath.	75283

Sec. 4751.11. (A) The board of ~~examiners~~executives of	75284
~~nursing home administrators~~long-term services and supports may,	75285
in its discretion, reissue a license or registration, or both, to	75286
any person whose license or registration, or both, has been	75287
revoked.	75288

(B) Application for the reissuance of a license or	75289
registration, or both, shall not be made prior to one year after	75290
revocation and shall be made in such manner as the board may	75291
direct.	75292

(C) If a person convicted of a felony is subsequently	75293
pardoned by the governor of the state where such conviction was	75294
had or by the president of the United States, or receives a final	75295
release granted by the adult parole authority of this state or its	75296
equivalent agency of another state, the board may, in its	75297
discretion, on application of such person and on the submission of	75298
evidence satisfactory to the board restore to such person the	75299
nursing home administrator's license or registration, or both.	75300

Sec. 4751.12. On receipt of a notice pursuant to section	75301
3123.43 of the Revised Code, the board of ~~examiners~~executives of	75302
~~nursing home administrators~~long-term services and supports shall	75303
comply with sections 3123.41 to 3123.50 of the Revised Code and	75304
any applicable rules adopted under section 3123.63 of the Revised	75305
Code with respect to a license issued pursuant to this chapter.	75306

Sec. 4751.13. The board of ~~examiners~~executives of ~~nursing~~	75307
~~home administrators~~long-term services and supports shall comply	75308
with section 4776.20 of the Revised Code.	75309

Sec. 4751.14. There is hereby created in the state treasury	75310
the board of executives of long-term services and supports fund.	75311
The fund shall consist of license and registration fees collected	75312
under this chapter. Money in the fund shall be used by the board	75313
of executives of long-term services and supports to administer and	75314
enforce this chapter and the rules adopted under it. Investment	75315
earnings of the fund shall be credited to the fund.	75316

Sec. 4753.071. A person who is required to meet the	75317
supervised professional experience requirement of division (F) of	75318
section 4753.06 of the Revised Code shall submit to the board of	75319
speech-language pathology and audiology an application for a	75320
conditional license. The application shall include a plan for the	75321
content of the supervised professional experience on a form the	75322
board shall prescribe. The board shall issue the conditional	75323
license to the applicant if the applicant meets the requirements	75324
of section 4753.06 of the Revised Code, other than the requirement	75325
to have obtained the supervised professional experience, and pays	75326
to the board the appropriate fee for a conditional license. An	75327
applicant may not begin employment until the conditional license	75328
has been issued.	75329

A conditional license authorizes an individual to practice	75330
speech-language pathology or audiology while completing the	75331
supervised professional experience as required by division (F) of	75332
section 4753.06 of the Revised Code. A person holding a	75333
conditional license may practice speech-language pathology or	75334
audiology while working under the supervision of a person fully	75335
licensed in accordance with this chapter. A conditional license is	75336
valid for eighteen months unless suspended or revoked pursuant to	75337
section 3123.47 or 4753.10 of the Revised Code.	75338

A person holding a conditional license may perform services	75339
for which ~~reimbursement~~payment will be sought under the medicare	75340
program ~~established under Title XVIII of the "Social Security~~	75341
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended,~~ or the	75342
medicaid program ~~established under Chapter 5111. of the Revised~~	75343
~~Code~~ but all requests for ~~reimbursement~~payment for such services	75344
shall be made by the person who supervises the person performing	75345
the services.	75346

Sec. 4755.481. (A) If a physical therapist evaluates and	75347
treats a patient without the prescription of, or the referral of	75348
the patient by, a person described in division (G)(1) of section	75349
4755.48 of the Revised Code, all of the following apply:	75350

(1) The physical therapist shall, upon consent of the	75351
patient, inform the relevant person described in division (G)(1)	75352
of section 4755.48 of the Revised Code of the evaluation not later	75353
than five business days after the evaluation is made.	75354

(2) If the physical therapist determines, based on reasonable	75355
evidence, that no substantial progress has been made with respect	75356
to that patient during the thirty-day period immediately following	75357
the date of the patient's initial visit with the physical	75358
therapist, the physical therapist shall consult with or refer the	75359
patient to a person described in division (G)(1) of section	75360
4755.48 of the Revised Code, unless either of the following	75361
applies:	75362

(a) The evaluation, treatment, or services are being provided	75363
for fitness, wellness, or prevention purposes.	75364

(b) The patient previously was diagnosed with chronic,	75365
neuromuscular, or developmental conditions and the evaluation,	75366
treatment, or services are being provided for problems or symptoms	75367
associated with one or more of those previously diagnosed	75368
conditions.	75369

(3) If the physical therapist determines that orthotic	75370
devices are necessary to treat the patient, the physical therapist	75371
shall be limited to the application of the following orthotic	75372
devices:	75373

(a) Upper extremity adaptive equipment used to facilitate the	75374
activities of daily living;	75375

(b) Finger splints;

75376

75377

(d) Prefabricated elastic or fabric abdominal supports with	75378
or without metal or plastic reinforcing stays and other	75379
prefabricated soft goods requiring minimal fitting;	75380

(e) Nontherapeutic accommodative inlays;

75381

(f) Shoes that are not manufactured or modified for a	75382
particular individual;	75383

(g) Prefabricated foot care products;

75384

(h) Custom foot orthotics;

75385

(i) Durable medical equipment.

75386

(4) If, at any time, the physical therapist has reason to	75387
believe that the patient has symptoms or conditions that require	75388
treatment or services beyond the scope of practice of a physical	75389
therapist, the physical therapist shall refer the patient to a	75390
licensed health care practitioner acting within the practitioner's	75391
scope of practice.	75392

(B) Nothing in sections 4755.40 to 4755.56 of the Revised	75393
Code shall be construed to require reimbursement under any health	75394
insuring corporation policy, contract, or agreement, any sickness	75395
and accident insurance policy, the ~~medical assistance~~medicaid	75396
program ~~as defined in section 5111.01 of the Revised Code~~, or the	75397
health partnership program or qualified health plans established	75398
pursuant to sections 4121.44 to 4121.442 of the Revised Code, for	75399
any physical therapy service rendered without the prescription of,	75400
or the referral of the patient by, a person described in division	75401
(G)(1) of section 4755.48 of the Revised Code.	75402

(C) For purposes of this section, "business day" means any	75403
calendar day that is not a Saturday, Sunday, or legal holiday.	75404
"Legal holiday" has the same meaning as in section 1.14 of the	75405
Revised Code.	75406

Sec. 4758.10. (A) There is hereby created the chemical	75407
dependency professionals board.	75408

(B) The governor shall appoint all of the following voting	75409
members of the board with the advice and consent of the senate:	75410

(1) Four individuals who hold a valid independent chemical	75411
dependency counselor-clinical supervisor license or independent	75412
chemical dependency counselor license issued under this chapter,	75413
including at least two of whom have received at least a master's	75414
degree in a field related to chemical dependency counseling from	75415
an accredited educational institution;	75416

(2) Two individuals who hold a valid chemical dependency	75417
counselor III license issued under this chapter;	75418

(3) One individual who holds a valid chemical dependency	75419
counselor II license issued under this chapter;	75420

(4) Two individuals who hold a valid prevention specialist II	75421
certificate or prevention specialist I certificate issued under	75422
this chapter;	75423

(5) One individual who is authorized under Chapter 4731. of	75424
the Revised Code to practice medicine and surgery or osteopathic	75425
medicine and surgery and has experience practicing in a field	75426
related to chemical dependency counseling;	75427

(6) Two individuals who represent the public and have not	75428
practiced chemical dependency counseling or alcohol and other drug	75429
prevention services and have not been involved in the delivery of	75430
chemical dependency counseling services or alcohol and other drug	75431
prevention services. At least one of these individuals shall be at	75432
least ~~sixty~~fifty years of age. During their terms, the public	75433
members shall not practice chemical dependency counseling or	75434
alcohol and other drug prevention services or be involved in the	75435
delivery of chemical dependency counseling services or alcohol and	75436
other drug prevention services.	75437

(C) Not later than ninety days after December 23, 2002, the	75438
director of ~~alcohol and drug addiction services~~mental health and	75439
addiction services shall appoint an individual who represents the	75440
department of ~~alcohol and drug addiction services~~mental health	75441
and addiction services to serve as an ex officio member of the	75442
chemical dependency professionals board.	75443

(D) Not more than one-half of the voting members of the board	75444
may be of the same gender or members of the same political party.	75445
At least two voting members of the board shall be of African,	75446
Native American, Hispanic, or Asian descent.	75447

Sec. 4758.11. Of the initial appointees to the chemical	75448
dependency professionals board appointed by the governor under	75449
division (B) of section 4758.10 of the Revised Code, four shall be	75450
appointed for terms ending one year after ~~the effective date of~~	75451
~~this section~~December 23, 2002, four shall be appointed for terms	75452
ending two years after ~~the effective date of this section~~December	75453
23, 2002, and four shall be appointed for terms ending three years	75454
after ~~the effective date of this section~~December 23, 2002. After	75455
the initial appointments, terms of office shall be three years,	75456
each term ending on the same day of the same month of the year as	75457
the term it succeeds.	75458

A voting member of the board shall hold office from the date	75459
of appointment until the end of the term for which the member was	75460
appointed. A voting member appointed to fill a vacancy occurring	75461
prior to the expiration of the term for which the member's	75462
predecessor was appointed shall hold office for the remainder of	75463
that term. A voting member shall continue in office after the	75464
expiration date of the member's term until the member's successor	75465
takes office or until a period of sixty days has elapsed,	75466
whichever occurs first. Voting members may be reappointed, except	75467
that an individual who has held office for two consecutive full	75468
terms shall not be reappointed sooner than one year after the	75469
expiration of the second full term.	75470

The ex officio member of the board appointed by the director	75471
of ~~alcohol and drug addiction services~~mental health and addiction	75472
services under division (C) of section 4758.10 of the Revised Code	75473
shall serve at the pleasure of the director.	75474

Sec. 4761.01. As used in this chapter:

75475

(A) "Respiratory care" means rendering or offering to render	75476
to individuals, groups, organizations, or the public any service	75477
involving the evaluation of cardiopulmonary function, the	75478
treatment of cardiopulmonary impairment, the assessment of	75479
treatment effectiveness, and the care of patients with	75480
deficiencies and abnormalities associated with the cardiopulmonary	75481
system. The practice of respiratory care includes:	75482

(1) Obtaining, analyzing, testing, measuring, and monitoring	75483
blood and gas samples in the determination of cardiopulmonary	75484
parameters and related physiologic data, including flows,	75485
pressures, and volumes, and the use of equipment employed for this	75486
purpose;	75487

(2) Administering, monitoring, recording the results of, and	75488
instructing in the use of medical gases, aerosols, and	75489
bronchopulmonary hygiene techniques, including drainage,	75490
aspiration, and sampling, and applying, maintaining, and	75491
instructing in the use of artificial airways, ventilators, and	75492
other life support equipment employed in the treatment of	75493
cardiopulmonary impairment and provided in collaboration with	75494
other licensed health care professionals responsible for providing	75495
care;	75496

(3) Performing cardiopulmonary resuscitation and respiratory	75497
rehabilitation techniques;	75498

(4) Administering medications for the testing or treatment of	75499
cardiopulmonary impairment.	75500

(B) "Respiratory care professional" means a person who is	75501
licensed under this chapter to practice the full range of	75502
respiratory care services as defined in division (A) of this	75503
section.	75504

(C) "Physician" means an individual authorized under Chapter	75505
4731. of the Revised Code to practice medicine and surgery or	75506
osteopathic medicine and surgery.	75507

(D) "Registered nurse" means an individual licensed under	75508
Chapter 4723. of the Revised Code to engage in the practice of	75509
nursing as a registered nurse.	75510

(E) "Hospital" means a facility that meets the operating	75511
standards of section 3727.02 of the Revised Code.	75512

(F) "Nursing facility" has the same meaning as in section	75513
~~5111.20~~5165.01 of the Revised Code.	75514

Sec. 4906.20. (A) No person shall commence to construct an	75515
economically significant wind farm in this state without first	75516
having obtained a certificate from the power siting board. An	75517
economically significant wind farm with respect to which such a	75518
certificate is required shall be constructed, operated, and	75519
maintained in conformity with that certificate and any terms,	75520
conditions, and modifications it contains. A certificate shall be	75521
issued only pursuant to this section. The certificate may be	75522
transferred, subject to the approval of the board, to a person	75523
that agrees to comply with those terms, conditions, and	75524
modifications.	75525

(B) The board shall adopt rules governing the certificating	75526
of economically significant wind farms under this section. Initial	75527
rules shall be adopted within one hundred twenty days after June	75528
24, 2008.	75529

(1) The rules shall provide for an application process for	75530
certificating economically significant wind farms that is	75531
identical to the extent practicable to the process applicable to	75532
certificating major utility facilities under sections 4906.06,	75533
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	75534
Revised Code and shall prescribe a reasonable schedule of	75535
application filing fees structured in the manner of the schedule	75536
of filing fees required for major utility facilities.	75537

(2) Additionally, the rules shall prescribe reasonable	75538
regulations regarding any wind turbines and associated facilities	75539
of an economically significant wind farm, including, but not	75540
limited to, their location, erection, construction,	75541
reconstruction, change, alteration, maintenance, removal, use, or	75542
enlargement and including erosion control, aesthetics,	75543
recreational land use, wildlife protection, interconnection with	75544
power lines and with regional transmission organizations,	75545
independent transmission system operators, or similar	75546
organizations, ice throw, sound and noise levels, blade shear,	75547
shadow flicker, decommissioning, and necessary cooperation for	75548
site visits and enforcement investigations. The rules also shall	75549
prescribe a minimum setback for a wind turbine of an economically	75550
significant wind farm. That minimum shall be equal to a horizontal	75551
distance, from the turbine's base to the property line of the wind	75552
farm property, equal to one and one-tenth times the total height	75553
of the turbine structure as measured from its base to the tip of	75554
its highest blade and be at least ~~seven~~one thousand two hundred	75555
fifty feet in horizontal distance from the tip of the turbine's	75556
nearest blade at ninety degrees to the exterior of the nearest,	75557
habitable, residential structure, if any, located on adjacent	75558
property at the time of the certification application. For a	75559
certification application filed before the effective date of the	75560
amendment of this section, including any amendment of that	75561
application filed on or after that effective date, the distance	75562
shall be seven hundred fifty feet instead of one thousand two	75563
hundred fifty feet. The setback shall apply in all cases except	75564
those in which all owners of property adjacent to the wind farm	75565
property waive application of the setback to that property	75566
pursuant to a procedure the board shall establish by rule and	75567
except in which, in a particular case, the board determines that a	75568
setback greater than the minimum is necessary.	75569

Sec. 5101.01. (A) As used in the Revised Code, the	75570
"department of public welfare" and the "department of human	75571
services" mean the department of job and family services and the	75572
"director of public welfare" and the "director of human services"	75573
mean the director of job and family services. ~~Whenever~~Except as	75574
provided in section 5160.011 of the Revised Code, whenever the	75575
department or director of public welfare or the department or	75576
director of human services is referred to or designated in any	75577
statute, rule, contract, grant, or other document, the reference	75578
or designation shall be deemed to refer to the department or	75579
director of job and family services, as the case may be.	75580

(B) As used in this chapter:

75581

(1) References to a county department of job and family	75582
services include a joint county department of job and family	75583
services established under section 329.40 of the Revised Code.	75584

(2) References to a board of county commissioners include the	75585
board of directors of a joint county department of job and family	75586
services established under section 329.40 of the Revised Code.	75587

Sec. 5101.101. (A) This section establishes the order of	75588
priority to be followed by the department of job and family	75589
services when distributing funds for the purpose of providing	75590
family planning services, including funds the department receives	75591
through Title XX of the "Social Security Act," 88 Stat. 2337	75592
(1974), 42 U.S.C. 1397, as amended, and funds the department	75593
receives through Title IV-A of the "Social Security Act," 110	75594
Stat. 2113 (1996), 42 U.S.C. 601, as amended, to be used for	75595
purposes of providing Title XX social services. This section does	75596
not apply to payments made under the medicaid program.	75597

(B) With respect to each period during which funds from a	75598
particular source are distributed for the purpose of providing	75599
family planning services, the department is subject to both of the	75600
following when distributing the funds to applicants seeking those	75601
funds:	75602

(1) Foremost priority shall be given to public entities that	75603
are operated by state or local government entities and that	75604
provide or are able to provide family planning services.	75605

(2) If any funds remain after the department distributes	75606
funds to public entities under division (B)(1) of this section,	75607
the department may distribute funds to nonpublic entities. If	75608
funds are distributed to nonpublic entities, the department shall	75609
distribute the funds in the following order of descending	75610
priority:	75611

(a) Nonpublic entities that are federally qualified health	75612
centers or federally qualified health center look-alikes, both as	75613
defined in section 3701.047 of the Revised Code, or community	75614
action agencies, as defined in section 122.66 of the Revised Code;	75615

(b) Nonpublic entities that provide comprehensive primary and	75616
preventive care services in addition to family planning services;	75617

(c) Nonpublic entities that provide family planning services,	75618
but do not provide comprehensive primary and preventive care	75619
services.	75620

Sec. 5101.11. ~~This section does not apply to contracts~~	75621
~~entered into under section 5111.90 or 5111.91 of the Revised Code.~~	75622

(A) As used in this section:

75623

(1) "Entity" includes an agency, board, commission, or	75624
department of the state or a political subdivision of the state; a	75625
private, nonprofit entity; a school district; a private school; or	75626
a public or private institution of higher education.	75627

(2) "Federal financial participation" means the federal	75628
government's share of expenditures made by an entity in	75629
implementing a program administered by the department of job and	75630
family services.	75631

(B) At the request of any public entity having authority to	75632
implement a program administered by the department of job and	75633
family services or any private entity under contract with a public	75634
entity to implement a program administered by the department, the	75635
department may seek to obtain federal financial participation for	75636
costs incurred by the entity. Federal financial participation may	75637
be sought from programs operated pursuant to Title IV-A,of the	75638
"Social Security Act," 42 U.S.C. 601 et seq.; Title IV-E~~, and~~	75639
~~Title XIX~~ of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42	75640
U.S.C. ~~301, as amended~~670 et seq.; the Food and Nutrition Act of	75641
2008 (,7 U.S.C. 2011 et seq.); and any other statute or regulation	75642
under which federal financial participation may be available,	75643
except that federal financial participation may be sought only for	75644
expenditures made with funds for which federal financial	75645
participation is available under federal law.	75646

(C) All funds collected by the department ~~of job and family~~	75647
~~services~~ pursuant to division (B) of this section shall be	75648
distributed to the entities that incurred the costs, except for	75649
any amounts retained by the department pursuant to division (D)(3)	75650
of this section.	75651

(D) In distributing federal financial participation pursuant	75652
to this section, the department may either enter into an agreement	75653
with the entity that is to receive the funds or distribute the	75654
funds in accordance with rules adopted under division (F) of this	75655
section. If the department decides to enter into an agreement to	75656
distribute the funds, the agreement may include terms that do any	75657
of the following:	75658

(1) Provide for the whole or partial reimbursement of any	75659
cost incurred by the entity in implementing the program;	75660

(2) In the event that federal financial participation is	75661
disallowed or otherwise unavailable for any expenditure, require	75662
the department ~~of job and family services~~ or the entity, whichever	75663
party caused the disallowance or unavailability of federal	75664
financial participation, to assume responsibility for the	75665
expenditures;	75666

(3) Permit the department to retain not more than five per	75667
cent of the amount of the federal financial participation to be	75668
distributed to the entity;	75669

(4) Require the public entity to certify the availability of	75670
sufficient unencumbered funds to match the federal financial	75671
participation it receives under this section;	75672

(5) Establish the length of the agreement, which may be for a	75673
fixed or a continuing period of time;	75674

(6) Establish any other requirements determined by the	75675
department to be necessary for the efficient administration of the	75676
agreement.	75677

(E) An entity that receives federal financial participation	75678
pursuant to this section for a program aiding children and their	75679
families shall establish a process for collaborative planning with	75680
the department ~~of job and family services~~ for the use of the funds	75681
to improve and expand the program.	75682

(F) The director of job and family services shall adopt rules	75683
as necessary to implement this section, including rules for the	75684
distribution of federal financial participation pursuant to this	75685
section. The rules shall be adopted in accordance with Chapter	75686
119. of the Revised Code. The director may adopt or amend any	75687
statewide plan required by the federal government for a program	75688
administered by the department, as necessary to implement this	75689
section.	75690

(G) Federal financial participation received pursuant to this	75691
section shall not be included in any calculation made under	75692
section 5101.16 or 5101.161 of the Revised Code.	75693

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	75694
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	75695
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	75696

(B) The department of job and family services shall act as	75697
the single state agency to administer federal payments for foster	75698
care and adoption assistance made pursuant to Title IV-E. The	75699
director of job and family services shall adopt rules to implement	75700
this authority. Rules governing financial and administrative	75701
requirements applicable to public children services agencies and	75702
government entities that provide Title IV-E reimbursable placement	75703
services to children shall be adopted in accordance with section	75704
111.15 of the Revised Code, as if they were internal management	75705
rules. Rules governing requirements applicable to private child	75706
placing agencies and private noncustodial agencies and rules	75707
establishing eligibility, program participation, and other	75708
requirements concerning Title IV-E shall be adopted in accordance	75709
with Chapter 119. of the Revised Code. A public children services	75710
agency to which the department distributes Title IV-E funds shall	75711
administer the funds in accordance with those rules.	75712

(C)(1) The county, on behalf of each child eligible for	75713
foster care maintenance payments under Title IV-E, shall make	75714
payments to cover the cost of providing all of the following:	75715

(a) The child's food, clothing, shelter, daily supervision,	75716
and school supplies;	75717

(b) The child's personal incidentals;

75718

75719

(2) In addition to payments made under division (C)(1) of	75720
this section, the county may, on behalf of each child eligible for	75721
foster care maintenance payments under Title IV-E, make payments	75722
to cover the cost of providing the following:	75723

(a) Liability insurance with respect to the child;

75724

(b) If the county is participating in the demonstration	75725
project established under division (A) of section 5101.142 of the	75726
Revised Code, services provided under the project.	75727

(3) With respect to a child who is in a child-care	75728
institution, including any type of group home designed for the	75729
care of children or any privately operated program consisting of	75730
two or more certified foster homes operated by a common	75731
administrative unit, the foster care maintenance payments made by	75732
the county on behalf of the child shall include the reasonable	75733
cost of the administration and operation of the institution, group	75734
home, or program, as necessary to provide the items described in	75735
divisions (C)(1) and (2) of this section.	75736

(D) To the extent that either foster care maintenance	75737
payments under division (C) of this section or Title IV-E adoption	75738
assistance payments for maintenance costs require the expenditure	75739
of county funds, the board of county commissioners shall report	75740
the nature and amount of each expenditure of county funds to the	75741
department.	75742

(E) The department shall distribute to public children	75743
services agencies that incur and report expenditures of the type	75744
described in division (D) of this section federal financial	75745
participation received for administrative and training costs	75746
incurred in the operation of foster care maintenance and adoption	75747
assistance programs. The department may withhold not more than	75748
three per cent of the federal financial participation received.	75749
The funds withheld may be used only to fund the following:	75750

(1) The Ohio child welfare training program established under	75751
section 5103.30 of the Revised Code;	75752

(2) The university partnership program for college and	75753
university students majoring in social work who have committed to	75754
work for a public children services agency upon graduation;	75755

(3) Efforts supporting organizational excellence, including	75756
voluntary activities to be accredited by a nationally recognized	75757
accreditation organization.	75758

The funds withheld shall be in addition to any administration	75759
and training cost for which the department is reimbursed through	75760
its own cost allocation plan.	75761

(F) All federal financial participation funds received by a	75762
county pursuant to this section shall be deposited into the	75763
county's children services fund created pursuant to section	75764
5101.144 of the Revised Code.	75765

(G) The department shall periodically publish and distribute	75766
the maximum amounts that the department will reimburse public	75767
children services agencies for making payments on behalf of	75768
children eligible for foster care maintenance payments.	75769

(H) The department, by and through its director, is hereby	75770
authorized to develop, participate in the development of,	75771
negotiate, and enter into one or more interstate compacts on	75772
behalf of this state with agencies of any other states, for the	75773
provision of ~~medical assistance and other~~ social services to	75774
children in relation to whom all of the following apply:	75775

(1) They have special needs.

75776

(2) This state or another state that is a party to the	75777
interstate compact is providing adoption assistance on their	75778
behalf.	75779

(3) They move into this state from another state or move out	75780
of this state to another state.	75781

Sec. 5101.16. (A) As used in this section and sections	75782
5101.161 and 5101.162 of the Revised Code:	75783

(1) "Disability financial assistance" means the financial	75784
assistance program established under Chapter 5115. of the Revised	75785
Code.	75786

(2) "Supplemental nutrition assistance program" means the	75787
program administered by the department of job and family services	75788
pursuant to section 5101.54 of the Revised Code.	75789

(3) ~~"Medicaid" means the medical assistance program~~	75790
~~established by Chapter 5111. of the Revised Code, excluding~~	75791
~~transportation services provided under that chapter.~~	75792

~~(4)~~ "Ohio works first" means the program established by	75793
Chapter 5107. of the Revised Code.	75794

~~(5)~~(4) "Prevention, retention, and contingency" means the	75795
program established by Chapter 5108. of the Revised Code.	75796

~~(6)~~(5) "Public assistance expenditures" means expenditures	75797
for all of the following:	75798

(a) Ohio works first;

75799

(b) County administration of Ohio works first;

75800

75801

(d) County administration of prevention, retention, and	75802
contingency;	75803

(e) Disability financial assistance;

75804

(f) County administration of disability financial assistance;

75805

(g) County administration of the supplemental nutrition	75806
assistance program;	75807

(h) County administration of medicaid, excluding	75808
administrative expenditures for transportation services covered by	75809
the medicaid program.	75810

(7) "Title IV-A program" has the same meaning as in section	75811
5101.80 of the Revised Code.	75812

(B) Each board of county commissioners shall pay the county	75813
share of public assistance expenditures in accordance with section	75814
5101.161 of the Revised Code. Except as provided in division (C)	75815
of this section, a county's share of public assistance	75816
expenditures is the sum of all of the following for state fiscal	75817
year 1998 and each state fiscal year thereafter:	75818

(1) The amount that is twenty-five per cent of the county's	75819
total expenditures for disability financial assistance and county	75820
administration of that program during the state fiscal year ending	75821
in the previous calendar year that the department of job and	75822
family services determines are allowable.	75823

(2) The amount that is ten per cent, or other percentage	75824
determined under division (D) of this section, of the county's	75825
total expenditures for county administration of the supplemental	75826
nutrition assistance program and medicaid (excluding	75827
administrative expenditures for transportation services covered by	75828
the medicaid program) during the state fiscal year ending in the	75829
previous calendar year that the department determines are	75830
allowable, less the amount of federal reimbursement credited to	75831
the county under division (E) of this section for the state fiscal	75832
year ending in the previous calendar year;	75833

(3) A percentage of the actual amount of the county share of	75834
program and administrative expenditures during federal fiscal year	75835
1994 for assistance and services, other than child care, provided	75836
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	75837
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	75838
enactment of the "Personal Responsibility and Work Opportunity	75839
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	75840
and family services shall determine the actual amount of the	75841
county share from expenditure reports submitted to the United	75842
States department of health and human services. The percentage	75843
shall be the percentage established in rules adopted under	75844
division (F) of this section.	75845

(C)(1) If a county's share of public assistance expenditures	75846
determined under division (B) of this section for a state fiscal	75847
year exceeds one hundred five per cent of the county's share for	75848
those expenditures for the immediately preceding state fiscal	75849
year, the department of job and family services shall reduce the	75850
county's share for expenditures under divisions (B)(1) and (2) of	75851
this section so that the total of the county's share for	75852
expenditures under division (B) of this section equals one hundred	75853
five per cent of the county's share of those expenditures for the	75854
immediately preceding state fiscal year.	75855

(2) A county's share of public assistance expenditures	75856
determined under division (B) of this section may be increased	75857
pursuant to section 5101.163 of the Revised Code and a sanction	75858
under section 5101.24 of the Revised Code. An increase made	75859
pursuant to section 5101.163 of the Revised Code may cause the	75860
county's share to exceed the limit established by division (C)(1)	75861
of this section.	75862

(D)(1) If the per capita tax duplicate of a county is less	75863
than the per capita tax duplicate of the state as a whole and	75864
division (D)(2) of this section does not apply to the county, the	75865
percentage to be used for the purpose of division (B)(2) of this	75866
section is the product of ten multiplied by a fraction of which	75867
the numerator is the per capita tax duplicate of the county and	75868
the denominator is the per capita tax duplicate of the state as a	75869
whole. The department of job and family services shall compute the	75870
per capita tax duplicate for the state and for each county by	75871
dividing the tax duplicate for the most recent available year by	75872
the current estimate of population prepared by the ~~department of~~	75873
development services agency.	75874

(2) If the percentage of families in a county with an annual	75875
income of less than three thousand dollars is greater than the	75876
percentage of such families in the state and division (D)(1) of	75877
this section does not apply to the county, the percentage to be	75878
used for the purpose of division (B)(2) of this section is the	75879
product of ten multiplied by a fraction of which the numerator is	75880
the percentage of families in the state with an annual income of	75881
less than three thousand dollars a year and the denominator is the	75882
percentage of such families in the county. The department of job	75883
and family services shall compute the percentage of families with	75884
an annual income of less than three thousand dollars for the state	75885
and for each county by multiplying the most recent estimate of	75886
such families published by the ~~department of~~ development services	75887
agency, by a fraction, the numerator of which is the estimate of	75888
average annual personal income published by the bureau of economic	75889
analysis of the United States department of commerce for the year	75890
on which the census estimate is based and the denominator of which	75891
is the most recent such estimate published by the bureau.	75892

(3) If the per capita tax duplicate of a county is less than	75893
the per capita tax duplicate of the state as a whole and the	75894
percentage of families in the county with an annual income of less	75895
than three thousand dollars is greater than the percentage of such	75896
families in the state, the percentage to be used for the purpose	75897
of division (B)(2) of this section shall be determined as follows:	75898

(a) Multiply ten by the fraction determined under division	75899
(D)(1) of this section;	75900

(b) Multiply the product determined under division (D)(3)(a)	75901
of this section by the fraction determined under division (D)(2)	75902
of this section.	75903

(4) The department of job and family services shall	75904
determine, for each county, the percentage to be used for the	75905
purpose of division (B)(2) of this section not later than the	75906
first day of July of the year preceding the state fiscal year for	75907
which the percentage is used.	75908

(E) The department of job and family services shall credit to	75909
a county the amount of federal reimbursement the department	75910
receives from the United States departments of agriculture and	75911
health and human services for the county's expenditures for	75912
administration of the supplemental nutrition assistance program	75913
and medicaid (excluding administrative expenditures for	75914
transportation services covered by the medicaid program) that the	75915
department determines are allowable administrative expenditures.	75916

(F)(1) The director of job and family services shall adopt	75917
rules in accordance with section 111.15 of the Revised Code to	75918
establish all of the following:	75919

(a) The method the department is to use to change a county's	75920
share of public assistance expenditures determined under division	75921
(B) of this section as provided in division (C) of this section;	75922

(b) The allocation methodology and formula the department	75923
will use to determine the amount of funds to credit to a county	75924
under this section;	75925

(c) The method the department will use to change the payment	75926
of the county share of public assistance expenditures from a	75927
calendar-year basis to a state fiscal year basis;	75928

(d) The percentage to be used for the purpose of division	75929
(B)(3) of this section, which shall, except as provided in section	75930
5101.163 of the Revised Code, meet both of the following	75931
requirements:	75932

(i) The percentage shall not be less than seventy-five per	75933
cent nor more than eighty-two per cent;	75934

(ii) The percentage shall not exceed the percentage that the	75935
state's qualified state expenditures is of the state's historic	75936
state expenditures as those terms are defined in 42 U.S.C.	75937
609(a)(7).	75938

(e) Other procedures and requirements necessary to implement	75939
this section.	75940

(2) The director of job and family services may amend the	75941
rule adopted under division (F)(1)(d) of this section to modify	75942
the percentage on determination that the amount the general	75943
assembly appropriates for Title IV-A programs makes the	75944
modification necessary. The rule shall be adopted and amended as	75945
if an internal management rule and in consultation with the	75946
director of budget and management.	75947

Sec. 5101.162. Subject to available federal funds and	75948
appropriations made by the general assembly, the department of job	75949
and family services may, at its sole discretion, use available	75950
federal funds to reimburse county expenditures for county	75951
administration of the supplemental nutrition assistance program or	75952
medicaid (excluding administrative expenditures for transportation	75953
services covered by the medicaid program) even though the county	75954
expenditures meet or exceed the maximum allowable reimbursement	75955
amount established by rules adopted under section 5101.161 of the	75956
Revised Code. The director of job and family services may adopt	75957
internal management rules in accordance with section 111.15 of the	75958
Revised Code to implement this section.	75959

Sec. 5101.18. ~~(A)~~ When the director of job and family	75960
services adopts rules under section 5107.05 regarding income	75961
requirements for the Ohio works first program and under section	75962
5115.03 of the Revised Code regarding income and resource	75963
requirements for the disability financial assistance program, the	75964
director shall determine what payments shall be regarded or	75965
disregarded. In making this determination, the director shall	75966
consider:	75967

~~(1)~~(A) The source of the payment;

75968

~~(2)~~(B) The amount of the payment;

75969

~~(3)~~(C) The purpose for which the payment was made;

75970

~~(4)~~(D) Whether regarding the payment as income would be in	75971
the public interest;	75972

~~(5)~~(E) Whether treating the payment as income would be	75973
detrimental to any of the programs administered in whole or in	75974
part by the department of job and family services and whether such	75975
determination would jeopardize the receipt of any federal grant or	75976
payment by the state or any receipt of aid under Chapter 5107. of	75977
the Revised Code.	75978

~~(B) Any recipient of aid under Title XVI of the "Social~~	75979
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,~~	75980
~~whose money payment is discontinued as the result of a general~~	75981
~~increase in old-age, survivors, and disability insurance benefits~~	75982
~~under such act, shall remain a recipient for the purpose of~~	75983
~~receiving medical assistance through the medical assistance~~	75984
~~program established under section 5111.01 of the Revised Code.~~	75985

Sec. 5101.181. (A) As used in this section and section	75986
5101.182 of the Revised Code:	75987

~~(1) "Public~~, "public assistance" means any or all of the	75988
following:	75989

~~(a)~~(1) Ohio works first;

75990

~~(b)~~(2) Prevention, retention, and contingency;

75991

~~(c)~~(3) Disability financial assistance;

75992

~~(d)~~(4) General assistance provided prior to July 17, 1995,	75993
under former Chapter 5113. of the Revised Code.	75994

~~(2) "Medical assistance" means medical assistance provided~~	75995
~~pursuant to, or under programs established by, section 5101.49,~~	75996
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	75997
~~provision of the Revised Code.~~	75998

(B) As part of the procedure for the determination of	75999
overpayment to a recipient of public assistance under Chapter	76000
5107., 5108., or 5115. of the Revised Code, the director of job	76001
and family services may furnish quarterly the name and social	76002
security number of each individual who receives public assistance	76003
to the director of administrative services, the administrator of	76004
the bureau of workers' compensation, and each of the state's	76005
retirement boards. Within fourteen days after receiving the name	76006
and social security number of an individual who receives public	76007
assistance, the director of administrative services,	76008
administrator, or board shall inform the auditor of state as to	76009
whether such individual is receiving wages or benefits, the amount	76010
of any wages or benefits being received, the social security	76011
number, and the address of the individual. The director of	76012
administrative services, administrator, boards, and any agent or	76013
employee of those officials and boards shall comply with the rules	76014
of the director of job and family services restricting the	76015
disclosure of information regarding recipients of public	76016
assistance. Any person who violates this provision shall	76017
thereafter be disqualified from acting as an agent or employee or	76018
in any other capacity under appointment or employment of any state	76019
board, commission, or agency.	76020

(C) The auditor of state may enter into a reciprocal	76021
agreement with the director of job and family services or	76022
comparable officer of any other state for the exchange of names,	76023
current or most recent addresses, or social security numbers of	76024
persons receiving public assistance under Title IV-A of the	76025
"Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C. ~~301, as~~	76026
~~amended~~601 et seq.	76027

(D) The auditor of state shall retain, for not less than two	76028
years, at least one copy of all information received under this	76029
section and sections 145.27, 742.41, 3307.20, 3309.22, 4123.27,	76030
5101.182, and 5505.04 of the Revised Code.	76031

(E) ~~On the request of the director of job and family~~	76032
~~services, the auditor of state may conduct an audit of an~~	76033
~~individual who receives medical assistance. If the auditor decides~~	76034
~~to conduct an audit, the auditor shall enter into an interagency~~	76035
~~agreement with the department of~~ ~~job and family services~~ that	76036
specifies that the auditor agrees to comply with section 5101.271	76037
of the Revised Code with respect to any information the auditor	76038
receives pursuant to the audit.	76039

~~(F)~~ The auditor shall review the information described in	76040
division (D) of this section to determine whether overpayments	76041
were made to recipients of public assistance under Chapters 5107.,	76042
5108., and 5115. of the Revised Code. The auditor of state shall	76043
initiate action leading to prosecution, where warranted, of	76044
recipients who received overpayments by forwarding the name of	76045
each recipient who received overpayment, together with other	76046
pertinent information, to the director of job and family services,	76047
the attorney general, and the county director of job and family	76048
services and county prosecutor of the county through which public	76049
assistance was received.	76050

~~(G)~~(F) The auditor of state and the attorney general or their	76051
designees may examine any records, whether in computer or printed	76052
format, in the possession of the director of job and family	76053
services or any county director of job and family services. They	76054
shall provide safeguards which restrict access to such records to	76055
purposes directly connected with an audit or investigation,	76056
prosecution, or criminal or civil proceeding conducted in	76057
connection with the administration of the programs and shall	76058
comply with ~~sections~~section 5101.27 ~~and 5101.271~~ of the Revised	76059
Code and ~~adopts~~ rules ofadopted by the director of job and family	76060
services restricting the disclosure of information regarding	76061
recipients of public assistance ~~or medical assistance~~. Any person	76062
who violates this provision shall thereafter be disqualified from	76063
acting as an agent or employee or in any other capacity under	76064
appointment or employment of any state board, commission, or	76065
agency.	76066

~~(H)~~(G) Costs incurred by the auditor of state in carrying out	76067
the auditor of state's duties under this section shall be borne by	76068
the auditor of state.	76069

Sec. 5101.183. (A) ~~Except as provided in section 5111.12 of~~	76070
~~the Revised Code, the~~The director of job and family services, in	76071
accordance with section 111.15 of the Revised Code, may adopt	76072
rules under which county family services agencies shall take	76073
action to recover the cost of the following benefits and services	76074
available under programs administered by the department of job and	76075
family services:	76076

(1) Benefits or services provided to any of the following:

76077

(a) Persons who were not eligible for the benefits or	76078
services but who secured the benefits or services through fraud or	76079
misrepresentation;	76080

(b) Persons who were eligible for the benefits or services	76081
but who intentionally diverted the benefits or services to other	76082
persons who were not eligible for the benefits or services.	76083

(2) Any benefits or services provided by a county family	76084
services agency for which recovery is required or permitted by	76085
federal law for the federal programs administered by the agency.	76086

(B) A county family services agency may bring a civil action	76087
against a recipient of benefits or services to recover any costs	76088
described in division (A) of this section.	76089

(C) A county family services agency shall retain any money it	76090
recovers under division (A) of this section and shall use the	76091
money to meet a family services duty, except that, if federal law	76092
requires the department of job and family services to return any	76093
portion of the money so recovered to the federal government, the	76094
county family services agency shall pay that portion to the	76095
department of job and family services.	76096

Sec. 5101.184. (A) The director of job and family services	76097
shall work with the tax commissioner to collect overpayments of	76098
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	76099
5113., or section 5101.54 of the Revised Code from refunds of	76100
state income taxes for taxable year 1992 and thereafter that are	76101
payable to the recipients of such overpayments.	76102

Any overpayment of assistance, whether obtained by fraud or	76103
misrepresentation, as the result of an error by the recipient or	76104
by the agency making the payment, or in any other manner, may be	76105
collected under this section. Any reduction under section 5747.12	76106
or 5747.121 of the Revised Code to an income tax refund shall be	76107
made before a reduction under this section. No reduction shall be	76108
made under this section if the amount of the refund is less than	76109
twenty-five dollars after any reduction under section 5747.12 of	76110
the Revised Code. A reduction under this section shall be made	76111
before any part of the refund is contributed under section	76112
5747.113 of the Revised Code, or is credited under section 5747.12	76113
of the Revised Code against tax due in any subsequent year.	76114

The director and the tax commissioner, by rules adopted in	76115
accordance with Chapter 119. of the Revised Code, shall establish	76116
procedures to implement this division. The procedures shall	76117
provide for notice to a recipient of assistance and an opportunity	76118
for the recipient to be heard before the recipient's income tax	76119
refund is reduced.	76120

(B) The director of job and family services may enter into	76121
agreements with the federal government to collect overpayments of	76122
assistance from refunds of federal income taxes that are payable	76123
to recipients of the overpayments.	76124

Sec. 5101.26. As used in this section and in sections	76125
5101.27 to 5101.30 of the Revised Code:	76126

(A) "County agency" means a county department of job and	76127
family services or a public children services agency.	76128

(B) "Fugitive felon" means an individual who is fleeing to	76129
avoid prosecution, or custody or confinement after conviction,	76130
under the laws of the place from which the individual is fleeing,	76131
for a crime or an attempt to commit a crime that is a felony under	76132
the laws of the place from which the individual is fleeing or, in	76133
the case of New Jersey, a high misdemeanor, regardless of whether	76134
the individual has departed from the individual's usual place of	76135
residence.	76136

(C) "Information" means records as defined in section 149.011	76137
of the Revised Code, any other documents in any format, and data	76138
derived from records and documents that are generated, acquired,	76139
or maintained by the department of job and family services, a	76140
county agency, or an entity performing duties on behalf of the	76141
department or a county agency.	76142

(D) "Law enforcement agency" means the state highway patrol,	76143
an agency that employs peace officers as defined in section 109.71	76144
of the Revised Code, the adult parole authority, a county	76145
department of probation, a prosecuting attorney, the attorney	76146
general, similar agencies of other states, federal law enforcement	76147
agencies, and postal inspectors. "Law enforcement agency" includes	76148
the peace officers and other law enforcement officers employed by	76149
the agency.	76150

(E) ~~"Medical assistance" means medical assistance provided~~	76151
~~pursuant to, or under programs established by, section 5101.49,~~	76152
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	76153
~~provision of the Revised Code.~~	76154

~~(F) "Medical assistance recipient" means an applicant for or~~	76155
~~recipient or former recipient of medical assistance.~~	76156

~~(G)~~ "Public assistance" means financial assistance or social	76157
services that are ~~not medical assistance~~ provided under a program	76158
administered by the department of job and family services or a	76159
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	76160
5108., or 5115. of the Revised Code or an executive order issued	76161
under section 107.17 of the Revised Code. "Public assistance" does	76162
not mean medical assistance provided under a medical assistance	76163
program, as defined in section 5160.01 of the Revised Code.	76164

~~(H)~~(F) "Public assistance recipient" means an applicant for	76165
or recipient or former recipient of public assistance.	76166

Sec. 5101.272. (A) For the purposes of ~~sections~~section	76167
5101.27 ~~and 5101.271~~ of the Revised Code, an authorization shall	76168
be made on a form that uses language understandable to the average	76169
person and contains all of the following:	76170

(1) A description of the information to be used or disclosed	76171
that identifies the information in a specific and meaningful	76172
fashion;	76173

(2) The name or other specific identification of the person	76174
or class of persons authorized to make the requested use or	76175
disclosure;	76176

(3) The name or other specific identification of the person	76177
or governmental entity to which the information may be released;	76178

(4) A description of each purpose of the requested use or	76179
disclosure of the information;	76180

(5) The date on which the authorization expires or an event	76181
related either to the individual who is the subject of the request	76182
or to the purposes of the requested use or disclosure, the	76183
occurrence of which will cause the authorization to expire;	76184

(6) A statement that the information used or disclosed	76185
pursuant to the authorization may be disclosed by the recipient of	76186
the information and may no longer be protected from disclosure;	76187

(7) The signature of the individual or the individual's	76188
authorized representative and the date on which the authorization	76189
was signed;	76190

(8) If signed by an authorized representative, a description	76191
of the representative's authority to act for the individual;	76192

(9) A statement of the individual or authorized	76193
representative's right to prospectively revoke the written	76194
authorization in writing, along with one of the following:	76195

(a) A description of how the individual or authorized	76196
representative may revoke the authorization;	76197

(b) If the department of job and family services' privacy	76198
notice contains a description of how the individual or authorized	76199
representative may revoke the authorization, a reference to that	76200
privacy notice.	76201

(10) A statement that treatment, payment, enrollment, or	76202
eligibility for public assistance ~~or medical assistance~~ cannot be	76203
conditioned on signing the authorization unless the authorization	76204
is necessary for determining eligibility for the public assistance	76205
~~or medical assistance~~ program.	76206

(B) ~~An authorization for the release of information regarding~~	76207
~~a medical assistance recipient to the recipient's attorney under~~	76208
~~division (C)(3) of section 5101.271 of the Revised Code may~~	76209
~~include a provision specifically authorizing the release of the~~	76210
~~recipient's electronic health records, if any, in accordance with~~	76211
~~rules the director of job and family services adopts under section~~	76212
~~5101.30 of the Revised Code.~~	76213

~~(C)~~ When an individual requests information pursuant to	76214
section 5101.27 ~~or 5101.271~~ of the Revised Code regarding the	76215
individual's receipt of public assistance ~~or medical assistance~~	76216
and does not wish to provide a statement of purpose, the statement	76217
"at request of the individual" is a sufficient description for	76218
purposes of division (A)(4) of this section.	76219

Sec. 5101.273. The department of job and family services	76220
shall enter into any necessary agreements with the United States	76221
department of health and human services and neighboring states to	76222
join and participate as an active member in the public assistance	76223
reporting information system. The department may disclose	76224
information regarding a public assistance recipient ~~or medical~~	76225
~~assistance recipient~~ to the extent necessary to participate as an	76226
active member in the public assistance reporting information	76227
system.	76228

Sec. 5101.30. (A) The director of job and family services	76229
shall adopt rules in accordance with Chapter 119. of the Revised	76230
Code implementing sections 5101.26 to 5101.30 of the Revised Code	76231
and governing the custody, use, disclosure, and preservation of	76232
the information generated or received by the department of job and	76233
family services, county agencies, other state and county entities,	76234
contractors, grantees, private entities, or officials	76235
participating in the administration of public assistance or	76236
~~medical assistance~~ programs. The rules shall comply with	76237
applicable federal statutes and regulations.	76238

(1) The rules shall specify conditions and procedures for the	76239
release of information which may include, among other conditions	76240
and procedures, both of the following:	76241

(a) Permitting providers of services or assistance under	76242
public assistance programs limited access to information that is	76243
essential for the providers to render services or assistance or to	76244
bill for services or assistance rendered. The department of aging,	76245
when investigating a complaint under section 173.20 of the Revised	76246
Code, shall be granted any limited access permitted in the rules	76247
pursuant to division (A)(1) of this section.	76248

(b) Permitting a contractor, grantee, or other state or	76249
county entity limited access to information that is essential for	76250
the contractor, grantee, or entity to perform administrative or	76251
other duties on behalf of the department or county agency. A	76252
contractor, grantee, or entity given access to information	76253
pursuant to division (A)(2) of this section is bound by the	76254
director's rules, and disclosure of the information by the	76255
contractor, grantee, or entity in a manner not authorized by the	76256
rules is a violation of section 5101.27 of the Revised Code.	76257

(2) The rules may define who is an "authorized	76258
representative" for purposes of sections 5101.27~~, 5101.271,~~ and	76259
5101.272 of the Revised Code.	76260

(B) Whenever names, addresses, or other information relating	76261
to public assistance recipients is held by any agency other than	76262
the department or a county agency, that other agency shall adopt	76263
rules consistent with sections 5101.26 to 5101.30 of the Revised	76264
Code to prevent the publication or disclosure of names, lists, or	76265
other information concerning those recipients.	76266

Sec. 5101.34. (A) There is hereby created in the department	76267
of job and family services the Ohio commission on fatherhood. The	76268
commission shall consist of the following members:	76269

(1)(a) Four members of the house of representatives appointed	76270
by the speaker of the house, not more than two of whom are members	76271
of the same political party. Two of the members must be from	76272
legislative districts that include a county or part of a county	76273
that is among the one-third of counties in this state with the	76274
highest number per capita of households headed by females.	76275

(b) Two members of the senate appointed by the president of	76276
the senate, each from a different political party. One of the	76277
members must be from a legislative district that includes a county	76278
or part of a county that is among the one-third of counties in	76279
this state with the highest number per capita of households headed	76280
by females.	76281

(2) The governor, or the governor's designee;

76282

(3) One representative of the judicial branch of government	76283
appointed by the chief justice of the supreme court;	76284

(4) The directors of health, job and family services,	76285
rehabilitation and correction, ~~alcohol and drug addiction services~~	76286
mental health and addiction services, and youth services and the	76287
superintendent of public instruction, or their designees;	76288

(5) One representative of the Ohio family and children first	76289
cabinet council created under section 121.37 of the Revised Code	76290
appointed by the chairperson of the council;	76291

(6) Five representatives of the general public appointed by	76292
the governor. These members shall have extensive experience in	76293
issues related to fatherhood.	76294

(B) The appointing authorities of the Ohio commission on	76295
fatherhood shall make initial appointments to the commission	76296
within thirty days after September 29, 1999. Of the initial	76297
appointments to the commission made pursuant to divisions (A)(3),	76298
(5), and (6) of this section, three of the members shall serve a	76299
term of one year and four shall serve a term of two years. Members	76300
so appointed subsequently shall serve two-year terms. A member	76301
appointed pursuant to division (A)(1) of this section shall serve	76302
on the commission until the end of the general assembly from which	76303
the member was appointed or until the member ceases to serve in	76304
the chamber of the general assembly in which the member serves at	76305
the time of appointment, whichever occurs first. The governor or	76306
the governor's designee shall serve on the commission until the	76307
governor ceases to be governor. The directors and superintendent	76308
or their designees shall serve on the commission until they cease,	76309
or the director or superintendent a designee represents ceases, to	76310
be director or superintendent. Each member shall serve on the	76311
commission from the date of appointment until the end of the term	76312
for which the member was appointed. Members may be reappointed.	76313

Vacancies shall be filled in the manner provided for original	76314
appointments. Any member appointed to fill a vacancy occurring	76315
prior to the expiration date of the term for which the member's	76316
predecessor was appointed shall serve on the commission for the	76317
remainder of that term. A member shall continue to serve on the	76318
commission subsequent to the expiration date of the member's term	76319
until the member's successor is appointed or until a period of	76320
sixty days has elapsed, whichever occurs first. Members shall	76321
serve without compensation but shall be reimbursed for necessary	76322
expenses.	76323

Sec. 5101.35. (A) As used in this section:

76324

(1)(a) "Agency" means the following entities that administer	76325
a family services program:	76326

~~(a)~~(i) The department of job and family services;

76327

~~(b)~~(ii) A county department of job and family services;

76328

~~(c)~~(iii) A public children services agency;

76329

~~(d)~~(iv) A private or government entity administering, in	76330
whole or in part, a family services program for or on behalf of	76331
the department of job and family services or a county department	76332
of job and family services or public children services agency.	76333

(b) If the department of medicaid contracts with the	76334
department of job and family services to hear appeals authorized	76335
by section 5160.31 of the Revised Code regarding medical	76336
assistance programs, "agency" includes the department of medicaid.	76337

(2) "Appellant" means an applicant, participant, former	76338
participant, recipient, or former recipient of a family services	76339
program who is entitled by federal or state law to a hearing	76340
regarding a decision or order of the agency that administers the	76341
program.	76342

(3)(a) "Family services program" means ~~assistance provided~~	76343
~~under a~~all of the following:	76344

(i) A Title IV-A program as defined in section 5101.80 of the	76345
Revised Code or;	76346

(ii) Programs that provide assistance under Chapter 5104.,	76347
~~5111.,~~ or 5115. orof the Revised Code;	76348

(iii) Programs that provide assistance under section ~~5119.69,~~	76349
5101.141, ~~5101.46,~~ 5101.461, 5101.54, 5119.41, 5153.163, or	76350
5153.165 of the Revised Code,;	76351

(iv) Title XX social services provided under section 5101.46	76352
of the Revised Code, other than ~~assistance~~such services provided	76353
~~under section 5101.46 of the Revised Code~~ by the department of	76354
~~mental health~~mental health and addiction services, the department	76355
of developmental disabilities, a board of alcohol, drug addiction,	76356
and mental health services, or a county board of developmental	76357
disabilities.	76358

(b) If the department of medicaid contracts with the	76359
department of job and family services to hear appeals authorized	76360
by section 5160.31 of the Revised Code regarding medical	76361
assistance programs, "family services program" includes medical	76362
assistance programs.	76363

(4) "Medical assistance program" has the same meaning as in	76364
section 5160.01 of the Revised Code.	76365

(B) Except as provided by divisions (G) and (H) of this	76366
section, an appellant who appeals under federal or state law a	76367
decision or order of an agency administering a family services	76368
program shall, at the appellant's request, be granted a state	76369
hearing by the department of job and family services. This state	76370
hearing shall be conducted in accordance with rules adopted under	76371
this section. The state hearing shall be recorded, but neither the	76372
recording nor a transcript of the recording shall be part of the	76373
official record of the proceeding. AExcept as provided in section	76374
5160.31 of the Revised Code, a state hearing decision is binding	76375
upon the agency and department, unless it is reversed or modified	76376
on appeal to the director of job and family services or a court of	76377
common pleas.	76378

(C) Except as provided by division (G) of this section, an	76379
appellant who disagrees with a state hearing decision may make an	76380
administrative appeal to the director of job and family services	76381
in accordance with rules adopted under this section. This	76382
administrative appeal does not require a hearing, but the director	76383
or the director's designee shall review the state hearing decision	76384
and previous administrative action and may affirm, modify, remand,	76385
or reverse the state hearing decision. An administrative appeal	76386
decision is the final decision of the department and, except as	76387
provided in section 5160.31 of the Revised Code, is binding upon	76388
the department and agency, unless it is reversed or modified on	76389
appeal to the court of common pleas.	76390

(D) An agency shall comply with a decision issued pursuant to	76391
division (B) or (C) of this section within the time limits	76392
established by rules adopted under this section. If a county	76393
department of job and family services or a public children	76394
services agency fails to comply within these time limits, the	76395
department may take action pursuant to section 5101.24 of the	76396
Revised Code. If another agency, other than the department of	76397
medicaid, fails to comply within the time limits, the department	76398
may force compliance by withholding funds due the agency or	76399
imposing another sanction established by rules adopted under this	76400
section.	76401

(E) An appellant who disagrees with an administrative appeal	76402
decision of the director of job and family services or the	76403
director's designee issued under division (C) of this section may	76404
appeal from the decision to the court of common pleas pursuant to	76405
section 119.12 of the Revised Code. The appeal shall be governed	76406
by section 119.12 of the Revised Code except that:	76407

(1) The person may appeal to the court of common pleas of the	76408
county in which the person resides, or to the court of common	76409
pleas of Franklin county if the person does not reside in this	76410
state.	76411

(2) The person may apply to the court for designation as an	76412
indigent and, if the court grants this application, the appellant	76413
shall not be required to furnish the costs of the appeal.	76414

(3) The appellant shall mail the notice of appeal to the	76415
department of job and family services and file notice of appeal	76416
with the court within thirty days after the department mails the	76417
administrative appeal decision to the appellant. For good cause	76418
shown, the court may extend the time for mailing and filing notice	76419
of appeal, but such time shall not exceed six months from the date	76420
the department mails the administrative appeal decision. Filing	76421
notice of appeal with the court shall be the only act necessary to	76422
vest jurisdiction in the court.	76423

(4) The department shall be required to file a transcript of	76424
the testimony of the state hearing with the court only if the	76425
court orders the department to file the transcript. The court	76426
shall make such an order only if it finds that the department and	76427
the appellant are unable to stipulate to the facts of the case and	76428
that the transcript is essential to a determination of the appeal.	76429
The department shall file the transcript not later than thirty	76430
days after the day such an order is issued.	76431

(F) The department of job and family services shall adopt	76432
rules in accordance with Chapter 119. of the Revised Code to	76433
implement this section, including rules governing the following:	76434

(1) State hearings under division (B) of this section. The	76435
rules shall include provisions regarding notice of eligibility	76436
termination and the opportunity of an appellant appealing a	76437
decision or order of a county department of job and family	76438
services to request a county conference with the county department	76439
before the state hearing is held.	76440

(2) Administrative appeals under division (C) of this	76441
section;	76442

(3) Time limits for complying with a decision issued under	76443
division (B) or (C) of this section;	76444

(4) Sanctions that may be applied against an agency under	76445
division (D) of this section.	76446

(G) The department of job and family services may adopt rules	76447
in accordance with Chapter 119. of the Revised Code establishing	76448
an appeals process for an appellant who appeals a decision or	76449
order regarding a Title IV-A program identified under division	76450
(A)(4)(c), (d), (e), or (f), or (g) of section 5101.80 of the	76451
Revised Code that is different from the appeals process	76452
established by this section. The different appeals process may	76453
include having a state agency that administers the Title IV-A	76454
program pursuant to an interagency agreement entered into under	76455
section 5101.801 of the Revised Code administer the appeals	76456
process.	76457

(H) If an appellant receiving medicaid through a health	76458
insuring corporation that holds a certificate of authority under	76459
Chapter 1751. of the Revised Code is appealing a denial of	76460
medicaid services based on lack of medical necessity or other	76461
clinical issues regarding coverage by the health insuring	76462
corporation, the person hearing the appeal may order an	76463
independent medical review if that person determines that a review	76464
is necessary. The review shall be performed by a health care	76465
professional with appropriate clinical expertise in treating the	76466
recipient's condition or disease. The department shall pay the	76467
costs associated with the review.	76468

A review ordered under this division shall be part of the	76469
record of the hearing and shall be given appropriate evidentiary	76470
consideration by the person hearing the appeal.	76471

(I) The requirements of Chapter 119. of the Revised Code	76472
apply to a state hearing or administrative appeal under this	76473
section only to the extent, if any, specifically provided by rules	76474
adopted under this section.	76475

Sec. 5101.36. Any application for public assistance gives a	76476
right of subrogation to the department of job and family services	76477
for any workers' compensation benefits payable to a person who is	76478
subject to a support order, as defined in section 3119.01 of the	76479
Revised Code, on behalf of the applicant, to the extent of any	76480
public assistance payments made on the applicant's behalf. If the	76481
director of job and family services, in consultation with a child	76482
support enforcement agency and the administrator of the bureau of	76483
workers' compensation, determines that a person responsible for	76484
support payments to a recipient of public assistance is receiving	76485
workers' compensation, the director shall notify the administrator	76486
of the amount of the benefit to be paid to the department of job	76487
and family services.	76488

For purposes of this section, "public assistance" means	76489
~~medical assistance provided through the medical assistance program~~	76490
~~established under section 5111.01 of the Revised Code;~~ Ohio works	76491
first provided under Chapter 5107. of the Revised Code;	76492
prevention, retention, and contingency benefits and services	76493
provided under Chapter 5108. of the Revised Code; or disability	76494
financial assistance provided under Chapter 5115. of the Revised	76495
Code.	76496

Sec. 5101.46. (A) As used in this section:

76497

(1) "Title XX" means Title XX of the "Social Security Act,"	76498
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	76499

(2) "Respective local agency" means, with respect to the	76500
department of job and family services, a county department of job	76501
and family services; with respect to the department of ~~mental~~	76502
~~health~~mental health and addiction services, a board of alcohol,	76503
drug addiction, and mental health services; and with respect to	76504
the department of developmental disabilities, a county board of	76505
developmental disabilities.	76506

(3) "Federal poverty guidelines" means the poverty guidelines	76507
as revised annually by the United States department of health and	76508
human services in accordance with section 673(2) of the "Omnibus	76509
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	76510
9902, as amended, for a family size equal to the size of the	76511
family of the person whose income is being determined.	76512

(B) The departments of job and family services, mental	76513
health, and developmental disabilities, with their respective	76514
local agencies, shall administer the provision of social services	76515
funded through grants made under Title XX. The social services	76516
furnished with Title XX funds shall be directed at the following	76517
goals:	76518

(1) Achieving or maintaining economic self-support to	76519
prevent, reduce, or eliminate dependency;	76520

(2) Achieving or maintaining self-sufficiency, including	76521
reduction or prevention of dependency;	76522

(3) Preventing or remedying neglect, abuse, or exploitation	76523
of children and adults unable to protect their own interests, or	76524
preserving, rehabilitating, or reuniting families;	76525

(4) Preventing or reducing inappropriate institutional care	76526
by providing for community-based care, home-based care, or other	76527
forms of less intensive care;	76528

(5) Securing referral or admission for institutional care	76529
when other forms of care are not appropriate, or providing	76530
services to individuals in institutions.	76531

(C)(1) All federal funds received under Title XX shall be	76532
appropriated as follows:	76533

(a) Seventy-two and one-half per cent to the department of	76534
job and family services;	76535

(b) Twelve and ninety-three one-hundredths per cent to the	76536
department of ~~mental health~~mental health and addiction services;	76537

(c) Fourteen and fifty-seven one-hundredths per cent to the	76538
department of developmental disabilities.	76539

(2) Each of the state departments shall, subject to the	76540
approval of the controlling board, develop a formula for the	76541
distribution of the Title XX funds appropriated to the department	76542
to its respective local agencies. The formula developed by each	76543
state department shall take into account all of the following for	76544
each of its respective local agencies:	76545

(a) The total population of the area that is served by the	76546
respective local agency;	76547

(b) The percentage of the population in the area served that	76548
falls below the federal poverty guidelines;	76549

(c) The respective local agency's history of and ability to	76550
utilize Title XX funds.	76551

(3) Each of the state departments shall expend for state	76552
administrative costs not more than three per cent of the Title XX	76553
funds appropriated to the department.	76554

Each state department shall establish for each of its	76555
respective local agencies the maximum percentage of the Title XX	76556
funds distributed to the respective local agency that the	76557
respective local agency may expend for local administrative costs.	76558
The percentage shall be established by rule and shall comply with	76559
federal law governing the use of Title XX funds. The rules shall	76560
be adopted in accordance with section 111.15 of the Revised Code	76561
as if they were internal management rules.	76562

(4) The department of job and family services shall expend	76563
for the training of the following not more than two per cent of	76564
the Title XX funds appropriated to the department:	76565

(a) Employees of county departments of job and family	76566
services;	76567

(b) Providers of services under contract with the state	76568
departments' respective local agencies;	76569

(c) Employees of a public children services agency directly	76570
engaged in providing Title XX services.	76571

(5) Title XX funds distributed for the purpose of providing	76572
family planning services shall be distributed by the respective	76573
local agencies according to the same order of priority that	76574
applies to the department of job and family services under section	76575
5101.101 of the Revised Code.	76576

(D) The department of job and family services shall prepare	76577
an annual comprehensive Title XX social services plan on the	76578
intended use of Title XX funds. The department shall develop a	76579
method for obtaining public comment during the development of the	76580
plan and following its completion.	76581

For each federal fiscal year, the department of job and	76582
family services shall prepare a report on the actual use of Title	76583
XX funds. The department shall make the annual report available	76584
for public inspection.	76585

The departments of ~~mental health~~mental health and addiction	76586
services and developmental disabilities shall prepare and submit	76587
to the department of job and family services the portions of each	76588
annual plan and report that apply to services for mental health	76589
and mental retardation and developmental disabilities. Each	76590
respective local agency of the three state departments shall	76591
submit information as necessary for the preparation of annual	76592
plans and reports.	76593

(E) Each county department of job and family services shall	76594
adopt a county profile for the administration and provision of	76595
Title XX social services in the county. In developing its county	76596
profile, the county department shall take into consideration the	76597
comments and recommendations received from the public by the	76598
county family services planning committee pursuant to section	76599
329.06 of the Revised Code. As part of its preparation of the	76600
county profile, the county department may prepare a local needs	76601
report analyzing the need for Title XX social services.	76602

The county department shall submit the county profile to the	76603
board of county commissioners for its review. Once the county	76604
profile has been approved by the board, the county department	76605
shall file a copy of the county profile with the department of job	76606
and family services. The department shall approve the county	76607
profile if the department determines the profile provides for the	76608
Title XX social services to meet the goals specified in division	76609
(B) of this section.	76610

(F) Any of the three state departments and their respective	76611
local agencies may require that an entity under contract to	76612
provide social services with Title XX funds submit to an audit on	76613
the basis of alleged misuse or improper accounting of funds. If an	76614
audit is required, the social services provider shall reimburse	76615
the state department or respective local agency for the cost it	76616
incurred in conducting the audit or having the audit conducted.	76617

If an audit demonstrates that a social services provider is	76618
responsible for one or more adverse findings, the provider shall	76619
reimburse the appropriate state department or its respective local	76620
agency the amount of the adverse findings. The amount shall not be	76621
reimbursed with Title XX funds received under this section. The	76622
three state departments and their respective local agencies may	76623
terminate or refuse to enter into a Title XX contract with a	76624
social services provider if there are adverse findings in an audit	76625
that are the responsibility of the provider.	76626

(G) Except with respect to the matters for which each of the	76627
state departments must adopt rules under division (C)(3) of this	76628
section, the department of job and family services may adopt any	76629
rules it considers necessary to implement and carry out the	76630
purposes of this section. Rules governing financial and	76631
operational matters of the department or matters between the	76632
department and county departments of job and family services shall	76633
be adopted as internal management rules in accordance with section	76634
111.15 of the Revised Code. Rules governing eligibility for	76635
services, program participation, and other matters pertaining to	76636
applicants and participants shall be adopted in accordance with	76637
Chapter 119. of the Revised Code.	76638

Sec. 5101.461. (A) As used in this section:

76639

(1) "Title IV-A" means Title IV-A of the "Social Security	76640
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	76641

(2) "Title XX" has the same meaning as in section 5101.46 of	76642
the Revised Code.	76643

(B) To the extent authorized by federal law, the department	76644
of job and family services may use funds received through the	76645
Title IV-A temporary assistance for needy families block grant for	76646
purposes of providing Title XX social services. The amount used	76647
under this section shall not exceed the maximum amount permitted	76648
by federal law. The funds and provision of Title XX social	76649
services with the funds are not subject to section 5101.46 of the	76650
Revised Code.	76651

Funds distributed under this section for the purpose of	76652
providing family planning services shall be distributed by a	76653
county department of job and family services according to the same	76654
order of priority that applies to the department of job and family	76655
services under section 5101.101 of the Revised Code.	76656

(C) The department and any county department of job and	76657
family services may require an entity under contract to provide	76658
Title XX social services with funds used under this section to	76659
submit to an audit on the basis of alleged misuse or improper	76660
accounting of funds. If an audit is required, the social services	76661
provider shall reimburse the state department or county department	76662
for the cost it incurred in conducting the audit or having the	76663
audit conducted.	76664

If an audit demonstrates that a social services provider is	76665
responsible for one or more adverse findings, the provider shall	76666
reimburse the state department or county department the amount of	76667
the adverse findings. The amount shall not be reimbursed with	76668
funds received under this section. The state department and county	76669
departments may terminate or refuse to enter into a contract with	76670
a social services provider to provide services with funds	76671
available pursuant to this section if there are adverse findings	76672
in an audit that are the responsibility of the provider.	76673

(D) The state department of job and family services may adopt	76674
rules to implement and carry out the purposes of this section.	76675
Rules governing financial and operational matters of the	76676
department or matters between the department and county	76677
departments of job and family services shall be adopted as	76678
internal management rules in accordance with section 111.15 of the	76679
Revised Code. Rules governing eligibility for services, program	76680
participation, and other matters pertaining to applicants and	76681
participants shall be adopted in accordance with Chapter 119. of	76682
the Revised Code.	76683

Sec. 5101.47. (A) Except as provided in divisions (B) and	76684
(C) of this section, the department of job and family services may	76685
accept applications, determine eligibility, redetermine	76686
eligibility, and perform related administrative activities for one	76687
or more of the following:	76688

(1) ~~The medicaid program established by Chapter 5111. of the~~	76689
~~Revised Code;~~	76690

~~(2) The children's health insurance program parts I, II, and~~	76691
~~III provided for under sections 5101.50 to 5101.529 of the Revised~~	76692
~~Code;~~	76693

~~(3)~~ Publicly funded child care provided under Chapter 5104.	76694
of the Revised Code;	76695

~~(4)~~(2) The supplemental nutrition assistance program	76696
administered by the department pursuant to section 5101.54 of the	76697
Revised Code;	76698

~~(5)~~(3) Other programs administered by the department that the	76699
director of job and family services determines are supportive of	76700
children, adults, or families;	76701

~~(6)~~(4) Other programs administered by the department	76702
regarding which the director determines administrative cost	76703
savings and efficiency may be achieved through the department	76704
accepting applications, determining eligibility, redetermining	76705
eligibility, or performing related administrative activities.	76706

(B) ~~To the extent permitted by federal law, the department~~	76707
~~may enter into agreements with one or more other state agencies,~~	76708
~~local government entities, or political subdivisions to accept~~	76709
~~applications, determine eligibility, redetermine eligibility, and~~	76710
~~perform related administrative activities on behalf of the~~	76711
~~department with respect to the medicaid program and the children's~~	76712
~~health insurance program.~~	76713

~~(C)~~ If federal law requires a face-to-face interview to	76714
complete an eligibility determination for a program specified in	76715
or pursuant to division (A) of this section, the face-to-face	76716
interview shall not be conducted by the department of job and	76717
family services.	76718

~~(D)~~(C) Subject to division ~~(C)~~(B) of this section, if the	76719
department elects to accept applications, determine eligibility,	76720
redetermine eligibility, and perform related administrative	76721
activities for a program specified in or pursuant to division (A)	76722
of this section, both of the following apply:	76723

(1) An individual seeking services under the program may	76724
apply for the program to the department or to the entity that	76725
state law governing the program authorizes to accept applications	76726
for the program.	76727

(2) The department is subject to federal statutes and	76728
regulations and state statutes and rules that require, permit, or	76729
prohibit an action regarding accepting applications, determining	76730
or redetermining eligibility, and performing related	76731
administrative activities for the program.	76732

~~(E)~~(D) The director may adopt rules as necessary to implement	76733
this section.	76734

Sec. 5101.49. The department of job and family services	76735
shall administer funds received under the "Refugee Act of 1980,"	76736
94 Stat. 102, 8 U.S.C.A. 1521, as amended. In administering the	76737
funds, the department may establish a refugee cash assistance	76738
program and a state legalization impact assistance program. The	76739
director of job and family services may adopt rules in accordance	76740
with section 111.15 of the Revised Code and issue appropriate	76741
orders as necessary for administration of these funds and	76742
programs.	76743

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	76744
Revised Code:	76745

(A) "Abuse" means the infliction upon an adult by self or	76746
others of injury, unreasonable confinement, intimidation, or cruel	76747
punishment with resulting physical harm, pain, or mental anguish.	76748

(B) "Adult" means any person sixty years of age or older	76749
within this state who is handicapped by the infirmities of aging	76750
or who has a physical or mental impairment which prevents the	76751
person from providing for the person's own care or protection, and	76752
who resides in an independent living arrangement. An "independent	76753
living arrangement" is a domicile of a person's own choosing,	76754
including, but not limited to, a private home, apartment, trailer,	76755
or rooming house. An "independent living arrangement" includes a	76756
residential facility licensed under section ~~5119.22~~5119.34 of the	76757
Revised Code that provides accommodations, supervision, and	76758
personal care services for three to sixteen unrelated adults, but	76759
does not include other institutions or facilities licensed by the	76760
state or facilities in which a person resides as a result of	76761
voluntary, civil, or criminal commitment.	76762

(C) "Caretaker" means the person assuming the responsibility	76763
for the care of an adult on a voluntary basis, by contract,	76764
through receipt of payment for care, as a result of a family	76765
relationship, or by order of a court of competent jurisdiction.	76766

(D) "Court" means the probate court in the county where an	76767
adult resides.	76768

(E) "Emergency" means that the adult is living in conditions	76769
which present a substantial risk of immediate and irreparable	76770
physical harm or death to self or any other person.	76771

(F) "Emergency services" means protective services furnished	76772
to an adult in an emergency.	76773

(G) "Exploitation" means the unlawful or improper act of a	76774
caretaker using an adult or an adult's resources for monetary or	76775
personal benefit, profit, or gain.	76776

(H) "In need of protective services" means an adult known or	76777
suspected to be suffering from abuse, neglect, or exploitation to	76778
an extent that either life is endangered or physical harm, mental	76779
anguish, or mental illness results or is likely to result.	76780

(I) "Incapacitated person" means a person who is impaired for	76781
any reason to the extent that the person lacks sufficient	76782
understanding or capacity to make and carry out reasonable	76783
decisions concerning the person's self or resources, with or	76784
without the assistance of a caretaker. Refusal to consent to the	76785
provision of services shall not be the sole determinative that the	76786
person is incapacitated. "Reasonable decisions" are decisions made	76787
in daily living which facilitate the provision of food, shelter,	76788
clothing, and health care necessary for life support.	76789

(J) "Mental illness" means a substantial disorder of thought,	76790
mood, perception, orientation, or memory that grossly impairs	76791
judgment, behavior, capacity to recognize reality, or ability to	76792
meet the ordinary demands of life.	76793

(K) "Neglect" means the failure of an adult to provide for	76794
self the goods or services necessary to avoid physical harm,	76795
mental anguish, or mental illness or the failure of a caretaker to	76796
provide such goods or services.	76797

(L) "Peace officer" means a peace officer as defined in	76798
section 2935.01 of the Revised Code.	76799

(M) "Physical harm" means bodily pain, injury, impairment, or	76800
disease suffered by an adult.	76801

(N) "Protective services" means services provided by the	76802
county department of job and family services or its designated	76803
agency to an adult who has been determined by evaluation to	76804
require such services for the prevention, correction, or	76805
discontinuance of an act of as well as conditions resulting from	76806
abuse, neglect, or exploitation. Protective services may include,	76807
but are not limited to, case work services, medical care, mental	76808
health services, legal services, fiscal management, home health	76809
care, homemaker services, housing-related services, guardianship	76810
services, and placement services as well as the provision of such	76811
commodities as food, clothing, and shelter.	76812

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	76813
and Friday, except when such day is a holiday as defined in	76814
section 1.14 of the Revised Code.	76815

Sec. 5101.61. (A) As used in this section:

76816

(1) "Senior service provider" means any person who provides	76817
care or services to a person who is an adult as defined in	76818
division (B) of section 5101.60 of the Revised Code.	76819

(2) "Ambulatory health facility" means a nonprofit, public or	76820
proprietary freestanding organization or a unit of such an agency	76821
or organization that:	76822

(a) Provides preventive, diagnostic, therapeutic,	76823
rehabilitative, or palliative items or services furnished to an	76824
outpatient or ambulatory patient, by or under the direction of a	76825
physician or dentist in a facility which is not a part of a	76826
hospital, but which is organized and operated to provide medical	76827
care to outpatients;	76828

(b) Has health and medical care policies which are developed	76829
with the advice of, and with the provision of review of such	76830
policies, an advisory committee of professional personnel,	76831
including one or more physicians, one or more dentists, if dental	76832
care is provided, and one or more registered nurses;	76833

(c) Has a medical director, a dental director, if dental care	76834
is provided, and a nursing director responsible for the execution	76835
of such policies, and has physicians, dentists, nursing, and	76836
ancillary staff appropriate to the scope of services provided;	76837

(d) Requires that the health care and medical care of every	76838
patient be under the supervision of a physician, provides for	76839
medical care in a case of emergency, has in effect a written	76840
agreement with one or more hospitals and other centers or clinics,	76841
and has an established patient referral system to other resources,	76842
and a utilization review plan and program;	76843

(e) Maintains clinical records on all patients;

76844

(f) Provides nursing services and other therapeutic services	76845
in accordance with programs and policies, with such services	76846
supervised by a registered professional nurse, and has a	76847
registered professional nurse on duty at all times of clinical	76848
operations;	76849

(g) Provides approved methods and procedures for the	76850
dispensing and administration of drugs and biologicals;	76851

(h) Has established an accounting and record keeping system	76852
to determine reasonable and allowable costs;	76853

(i) "Ambulatory health facilities" also includes an	76854
alcoholism treatment facility approved by the joint commission on	76855
accreditation of healthcare organizations as an alcoholism	76856
treatment facility or certified by the department of ~~alcohol and~~	76857
~~drug addiction services~~mental health and addiction services, and	76858
such facility shall comply with other provisions of this division	76859
not inconsistent with such accreditation or certification.	76860

(3) "Community mental health facility" means a facility which	76861
provides community mental health services and is included in the	76862
comprehensive mental health plan for the alcohol, drug addiction,	76863
and mental health service district in which it is located.	76864

(4) "Community mental health service" means services, other	76865
than inpatient services, provided by a community mental health	76866
facility.	76867

(5) "Home health agency" means an institution or a distinct	76868
part of an institution operated in this state which:	76869

(a) Is primarily engaged in providing home health services;

76870

(b) Has home health policies which are established by a group	76871
of professional personnel, including one or more duly licensed	76872
doctors of medicine or osteopathy and one or more registered	76873
professional nurses, to govern the home health services it	76874
provides and which includes a requirement that every patient must	76875
be under the care of a duly licensed doctor of medicine or	76876
osteopathy;	76877

(c) Is under the supervision of a duly licensed doctor of	76878
medicine or doctor of osteopathy or a registered professional	76879
nurse who is responsible for the execution of such home health	76880
policies;	76881

(d) Maintains comprehensive records on all patients;

76882

(e) Is operated by the state, a political subdivision, or an	76883
agency of either, or is operated not for profit in this state and	76884
is licensed or registered, if required, pursuant to law by the	76885
appropriate department of the state, county, or municipality in	76886
which it furnishes services; or is operated for profit in this	76887
state, meets all the requirements specified in divisions (A)(5)(a)	76888
to (d) of this section, and is certified under Title XVIII of the	76889
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	76890
amended.	76891

(6) "Home health service" means the following items and	76892
services, provided, except as provided in division (A)(6)(g) of	76893
this section, on a visiting basis in a place of residence used as	76894
the patient's home:	76895

(a) Nursing care provided by or under the supervision of a	76896
registered professional nurse;	76897

(b) Physical, occupational, or speech therapy ordered by the	76898
patient's attending physician;	76899

(c) Medical social services performed by or under the	76900
supervision of a qualified medical or psychiatric social worker	76901
and under the direction of the patient's attending physician;	76902

(d) Personal health care of the patient performed by aides in	76903
accordance with the orders of a doctor of medicine or osteopathy	76904
and under the supervision of a registered professional nurse;	76905

(e) Medical supplies and the use of medical appliances;

76906

(f) Medical services of interns and residents-in-training	76907
under an approved teaching program of a nonprofit hospital and	76908
under the direction and supervision of the patient's attending	76909
physician;	76910

(g) Any of the foregoing items and services which:

76911

(i) Are provided on an outpatient basis under arrangements	76912
made by the home health agency at a hospital or skilled nursing	76913
facility;	76914

(ii) Involve the use of equipment of such a nature that the	76915
items and services cannot readily be made available to the patient	76916
in the patient's place of residence, or which are furnished at the	76917
hospital or skilled nursing facility while the patient is there to	76918
receive any item or service involving the use of such equipment.	76919

Any attorney, physician, osteopath, podiatrist, chiropractor,	76920
dentist, psychologist, any employee of a hospital as defined in	76921
section 3701.01 of the Revised Code, any nurse licensed under	76922
Chapter 4723. of the Revised Code, any employee of an ambulatory	76923
health facility, any employee of a home health agency, any	76924
employee of a residential facility licensed under section ~~5119.22~~	76925
5119.34 of the Revised Code that provides accommodations,	76926
supervision, and personal care services for three to sixteen	76927
unrelated adults, any employee of a nursing home, residential care	76928
facility, or home for the aging, as defined in section 3721.01 of	76929
the Revised Code, any senior service provider, any peace officer,	76930
coroner, member of the clergy, any employee of a community mental	76931
health facility, and any person engaged in social work or	76932
counseling having reasonable cause to believe that an adult is	76933
being abused, neglected, or exploited, or is in a condition which	76934
is the result of abuse, neglect, or exploitation shall immediately	76935
report such belief to the county department of job and family	76936
services. This section does not apply to employees of any hospital	76937
or public hospital as defined in section 5122.01 of the Revised	76938
Code.	76939

(B) Any person having reasonable cause to believe that an	76940
adult has suffered abuse, neglect, or exploitation may report, or	76941
cause reports to be made of such belief to the department.	76942

(C) The reports made under this section shall be made orally	76943
or in writing except that oral reports shall be followed by a	76944
written report if a written report is requested by the department.	76945
Written reports shall include:	76946

(1) The name, address, and approximate age of the adult who	76947
is the subject of the report;	76948

(2) The name and address of the individual responsible for	76949
the adult's care, if any individual is, and if the individual is	76950
known;	76951

(3) The nature and extent of the alleged abuse, neglect, or	76952
exploitation of the adult;	76953

(4) The basis of the reporter's belief that the adult has	76954
been abused, neglected, or exploited.	76955

(D) Any person with reasonable cause to believe that an adult	76956
is suffering abuse, neglect, or exploitation who makes a report	76957
pursuant to this section or who testifies in any administrative or	76958
judicial proceeding arising from such a report, or any employee of	76959
the state or any of its subdivisions who is discharging	76960
responsibilities under section 5101.62 of the Revised Code shall	76961
be immune from civil or criminal liability on account of such	76962
investigation, report, or testimony, except liability for perjury,	76963
unless the person has acted in bad faith or with malicious	76964
purpose.	76965

(E) No employer or any other person with the authority to do	76966
so shall discharge, demote, transfer, prepare a negative work	76967
performance evaluation, or reduce benefits, pay, or work	76968
privileges, or take any other action detrimental to an employee or	76969
in any way retaliate against an employee as a result of the	76970
employee's having filed a report under this section.	76971

(F) Neither the written or oral report provided for in this	76972
section nor the investigatory report provided for in section	76973
5101.62 of the Revised Code shall be considered a public record as	76974
defined in section 149.43 of the Revised Code. Information	76975
contained in the report shall upon request be made available to	76976
the adult who is the subject of the report, to agencies authorized	76977
by the department to receive information contained in the report,	76978
and to legal counsel for the adult.	76979

Sec. 5101.80. (A) As used in this section and in section	76980
5101.801 of the Revised Code:	76981

(1) "County family services agency" has the same meaning as	76982
in section 307.981 of the Revised Code.	76983

(2) "State agency" has the same meaning as in section 9.82 of	76984
the Revised Code.	76985

(3) "Title IV-A administrative agency" means both of the	76986
following:	76987

(a) A county family services agency or state agency	76988
administering a Title IV-A program under the supervision of the	76989
department of job and family services;	76990

(b) A government agency or private, not-for-profit entity	76991
administering a project funded in whole or in part with funds	76992
provided under the Title IV-A demonstration program created under	76993
section 5101.803 of the Revised Code.	76994

(4) "Title IV-A program" means all of the following that are	76995
funded in part with funds provided under the temporary assistance	76996
for needy families block grant established by Title IV-A of the	76997
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	76998
amended:	76999

(a) The Ohio works first program established under Chapter	77000
5107. of the Revised Code;	77001

(b) The prevention, retention, and contingency program	77002
established under Chapter 5108. of the Revised Code;	77003

(c) A program established by the general assembly or an	77004
executive order issued by the governor that is administered or	77005
supervised by the department of job and family services pursuant	77006
to section 5101.801 of the Revised Code;	77007

(d) The kinship permanency incentive program created under	77008
section 5101.802 of the Revised Code;	77009

(e) The Title IV-A demonstration program created under	77010
section 5101.803 of the Revised Code;	77011

(f) The Ohio parenting and pregnancy program created under	77012
section 5101.804 of the Revised Code;	77013

(g) A component of a Title IV-A program identified under	77014
divisions (A)(4)(a) to ~~(e)~~(f) of this section that the Title IV-A	77015
state plan prepared under division (C)(1) of this section	77016
identifies as a component.	77017

(B) The department of job and family services shall act as	77018
the single state agency to administer and supervise the	77019
administration of Title IV-A programs. The Title IV-A state plan	77020
and amendments to the plan prepared under division (C) of this	77021
section are binding on Title IV-A administrative agencies. No	77022
Title IV-A administrative agency may establish, by rule or	77023
otherwise, a policy governing a Title IV-A program that is	77024
inconsistent with a Title IV-A program policy established, in rule	77025
or otherwise, by the director of job and family services.	77026

(C) The department of job and family services shall do all of	77027
the following:	77028

(1) Prepare and submit to the United States secretary of	77029
health and human services a Title IV-A state plan for Title IV-A	77030
programs;	77031

(2) Prepare and submit to the United States secretary of	77032
health and human services amendments to the Title IV-A state plan	77033
that the department determines necessary, including amendments	77034
necessary to implement Title IV-A programs identified in divisions	77035
(A)(4)(c) to ~~(f)~~(g) of this section;	77036

(3) Prescribe forms for applications, certificates, reports,	77037
records, and accounts of Title IV-A administrative agencies, and	77038
other matters related to Title IV-A programs;	77039

(4) Make such reports, in such form and containing such	77040
information as the department may find necessary to assure the	77041
correctness and verification of such reports, regarding Title IV-A	77042
programs;	77043

(5) Require reports and information from each Title IV-A	77044
administrative agency as may be necessary or advisable regarding a	77045
Title IV-A program;	77046

(6) Afford a fair hearing in accordance with section 5101.35	77047
of the Revised Code to any applicant for, or participant or former	77048
participant of, a Title IV-A program aggrieved by a decision	77049
regarding the program;	77050

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	77051
and 5108. of the Revised Code and sections 5101.801, 5101.802, ~~and~~	77052
5101.803, and 5101.804 of the Revised Code, any sums appropriated	77053
by the general assembly for the purpose of those chapters and	77054
sections and all sums paid to the state by the secretary of the	77055
treasury of the United States as authorized by Title IV-A of the	77056
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	77057
amended;	77058

(8) Conduct investigations and audits as are necessary	77059
regarding Title IV-A programs;	77060

(9) Enter into reciprocal agreements with other states	77061
relative to the provision of Ohio works first and prevention,	77062
retention, and contingency to residents and nonresidents;	77063

(10) Contract with a private entity to conduct an independent	77064
on-going evaluation of the Ohio works first program and the	77065
prevention, retention, and contingency program. The contract must	77066
require the private entity to do all of the following:	77067

(a) Examine issues of process, practice, impact, and	77068
outcomes;	77069

(b) Study former participants of Ohio works first who have	77070
not participated in Ohio works first for at least one year to	77071
determine whether they are employed, the type of employment in	77072
which they are engaged, the amount of compensation they are	77073
receiving, whether their employer provides health insurance,	77074
whether and how often they have received benefits or services	77075
under the prevention, retention, and contingency program, and	77076
whether they are successfully self sufficient;	77077

(c) Provide the department with reports at times the	77078
department specifies.	77079

(11) Not later than the last day of each January and July,	77080
prepare a report containing information on the following:	77081

(a) Individuals exhausting the time limits for participation	77082
in Ohio works first set forth in section 5107.18 of the Revised	77083
Code.	77084

(b) Individuals who have been exempted from the time limits	77085
set forth in section 5107.18 of the Revised Code and the reasons	77086
for the exemption.	77087

(D) The department shall provide copies of the reports it	77088
receives under division (C)(10) of this section and prepares under	77089
division (C)(11) of this section to the governor, the president	77090
and minority leader of the senate, and the speaker and minority	77091
leader of the house of representatives. The department shall	77092
provide copies of the reports to any private or government entity	77093
on request.	77094

(E) An authorized representative of the department or a	77095
county family services agency or state agency administering a	77096
Title IV-A program shall have access to all records and	77097
information bearing thereon for the purposes of investigations	77098
conducted pursuant to this section. An authorized representative	77099
of a government entity or private, not-for-profit entity	77100
administering a project funded in whole or in part with funds	77101
provided under the Title IV-A demonstration program shall have	77102
access to all records and information bearing on the project for	77103
the purpose of investigations conducted pursuant to this section.	77104

Sec. 5101.801. (A) Except as otherwise provided by the law	77105
enacted by the general assembly or executive order issued by the	77106
governor establishing the Title IV-A program, a Title IV-A program	77107
identified under division (A)(4)(c), (d), (e), or (f), or (g) of	77108
section 5101.80 of the Revised Code shall provide benefits and	77109
services that are not "assistance" as defined in 45 C.F.R.	77110
260.31(a) and are benefits and services that 45 C.F.R. 260.31(b)	77111
excludes from the definition of assistance.	77112

(B)(1) Except as otherwise provided by the law enacted by the	77113
general assembly or executive order issued by the governor	77114
establishing the Title IV-A program, the department of job and	77115
family services shall do either of the following regarding a Title	77116
IV-A program identified under division (A)(4)(c), (d), (e), or	77117
(f), or (g) of section 5101.80 of the Revised Code:	77118

(a) Administer the program or supervise a county family	77119
services agency's administration of the program;	77120

(b) Enter into an interagency agreement with a state agency	77121
for the state agency to administer the program under the	77122
department's supervision.	77123

(2) The department may enter into an agreement with a	77124
government entity and, to the extent permitted by federal law, a	77125
private, not-for-profit entity for the entity to receive funding	77126
for a project under the Title IV-A demonstration program created	77127
under section 5101.803 of the Revised Code.	77128

(3) To the extent permitted by federal law, the department	77129
may enter into an agreement with a private, not-for-profit entity	77130
for the entity to receive funds under the Ohio parenting and	77131
pregnancy program created under section 5101.804 of the Revised	77132
Code.	77133

(C) The department may adopt rules governing Title IV-A	77134
programs identified under divisions (A)(4)(c), (d), (e), ~~and~~ (f),	77135
and (g) of section 5101.80 of the Revised Code. Rules governing	77136
financial and operational matters of the department or between the	77137
department and county family services agencies shall be adopted as	77138
internal management rules adopted in accordance with section	77139
111.15 of the Revised Code. All other rules shall be adopted in	77140
accordance with Chapter 119. of the Revised Code.	77141

(D) If the department enters into an agreement regarding a	77142
Title IV-A program identified under division (A)(4)(c), (e), or	77143
(f), or (g) of section 5101.80 of the Revised Code pursuant to	77144
division (B)(1)(b) or (2) of this section, the agreement shall	77145
include at least all of the following:	77146

(1) A requirement that the state agency or entity comply with	77147
the requirements for the program or project, including all of the	77148
following requirements established by federal statutes and	77149
regulations, state statutes and rules, the United States office of	77150
management and budget, and the Title IV-A state plan prepared	77151
under section 5101.80 of the Revised Code:	77152

(a) Eligibility;

77153

(b) Reports;

77154

77155

(d) Use of funds;

77156

(e) Appeals for applicants for, and recipients and former	77157
recipients of, the benefits and services;	77158

(f) Audits.

77159

(2) A complete description of all of the following:

77160

(a) The benefits and services that the program or project is	77161
to provide;	77162

(b) The methods of program or project administration;

77163

(c) The appeals process under section 5101.35 of the Revised	77164
Code for applicants for, and recipients and former recipients of,	77165
the program or project's benefits and services;	77166

(d) Other requirements that the department requires be	77167
included.	77168

(3) Procedures for the department to approve a policy,	77169
established by rule or otherwise, that the state agency or entity	77170
establishes for the program or project before the policy is	77171
established;	77172

(4) Provisions regarding how the department is to reimburse	77173
the state agency or entity for allowable expenditures under the	77174
program or project that the department approves, including all of	77175
the following:	77176

(a) Limitations on administrative costs;

77177

(b) The department, at its discretion, doing either of the	77178
following:	77179

(i) Withholding no more than five per cent of the funds that	77180
the department would otherwise provide to the state agency or	77181
entity for the program or project;	77182

(ii) Charging the state agency or entity for the costs to the	77183
department of performing, or contracting for the performance of,	77184
audits and other administrative functions associated with the	77185
program or project.	77186

(5) If the state agency or entity arranges by contract,	77187
grant, or other agreement for another entity to perform a function	77188
the state agency or entity would otherwise perform regarding the	77189
program or project, the state agency or entity's responsibilities	77190
for both of the following:	77191

(a) Ensuring that the other entity complies with the	77192
agreement between the state agency or entity and department and	77193
federal statutes and regulations and state statutes and rules	77194
governing the use of funds for the program or project;	77195

(b) Auditing the other entity in accordance with requirements	77196
established by the United States office of management and budget.	77197

(6) The state agency or entity's responsibilities regarding	77198
the prompt payment, including any interest assessed, of any	77199
adverse audit finding, final disallowance of federal funds, or	77200
other sanction or penalty imposed by the federal government,	77201
auditor of state, department, a court, or other entity regarding	77202
funds for the program or project;	77203

(7) Provisions for the department to terminate the agreement	77204
or withhold reimbursement from the state agency or entity if	77205
either of the following occur:	77206

(a) The federal government disapproves the program or project	77207
or reduces federal funds for the program or project;	77208

(b) The state agency or entity fails to comply with the terms	77209
of the agreement.	77210

(8) Provisions for both of the following:

77211

(a) The department and state agency or entity determining the	77212
performance outcomes expected for the program or project;	77213

(b) An evaluation of the program or project to determine its	77214
success in achieving the performance outcomes determined under	77215
division (D)(8)(a) of this section.	77216

(E) To the extent consistent with the law enacted by the	77217
general assembly or executive order issued by the governor	77218
establishing the Title IV-A program and subject to the approval of	77219
the director of budget and management, the director of job and	77220
family services may terminate a Title IV-A program identified	77221
under division (A)(4)(c), (d), (e), or (f), or (g) of section	77222
5101.80 of the Revised Code or reduce funding for the program if	77223
the director of job and family services determines that federal or	77224
state funds are insufficient to fund the program. If the director	77225
of budget and management approves the termination or reduction in	77226
funding for such a program, the director of job and family	77227
services shall issue instructions for the termination or funding	77228
reduction. If a Title IV-A administrative agency is administering	77229
the program, the agency is bound by the termination or funding	77230
reduction and shall comply with the director's instructions.	77231

(F) The director of job and family services may adopt	77232
internal management rules in accordance with section 111.15 of the	77233
Revised Code as necessary to implement this section. The rules are	77234
binding on each Title IV-A administrative agency.	77235

Sec. 5101.803. (A) Subject to division (E) of section	77236
5101.801 of the Revised Code, there is hereby created the Title	77237
IV-A demonstration program to provide funding for innovative and	77238
promising prevention and intervention projects that meet one or	77239
more of the four purposes of the temporary assistance for needy	77240
families block grant as specified in 42 U.S.C. 601 and are for	77241
individuals with specific and multiple barriers to achieving or	77242
maintaining self-sufficiency and personal responsibility. The	77243
department of job and family services may provide funding for such	77244
projects to government entities and, to the extent permitted by	77245
federal law, private, not-for-profit entities with which the	77246
department enters into agreements under division (B)(2) of section	77247
5101.801 of the Revised Code.	77248

In accordance with criteria the department develops, the	77249
department may solicit proposals ~~for~~from entities seeking to	77250
enter into an agreement with the department under division (B)(2)	77251
of section 5101.801 of the Revised Code. The department may enter	77252
into such agreements with entities that do both of the following:	77253

(1) Meet the proposals' criteria;

77254

(2) If the entity's proposed project does not potentially	77255
affect persons in each county of the state, provides the	77256
department evidence that the entity has notified, in writing, the	77257
county department of job and family services of each county where	77258
persons may be affected by the implementation of the project.	77259

(B) In developing the criteria, soliciting the proposals, and	77260
entering in the agreements, the department shall comply with all	77261
applicable federal and state laws, the Title IV-A state plan	77262
submitted to the United States secretary of health and human	77263
services under section 5101.80 of the Revised Code, amendments to	77264
the Title IV-A state plan submitted to the United States secretary	77265
under that section, and federal waivers the United States	77266
secretary grants.	77267

(C) The department shall begin implementation of the Title	77268
IV-A demonstration program no later than January 1, 2006.	77269

Sec. 5101.804. (A) Subject to division (E) of section	77270
5101.801 of the Revised Code, there is hereby created the Ohio	77271
parenting and pregnancy program to provide services for pregnant	77272
women and parents or other relatives caring for children twelve	77273
months of age or younger that do both of the following:	77274

(1) Promote childbirth, parenting, and alternatives to	77275
abortion;	77276

(2) Meet one or more of the four purposes of the temporary	77277
assistance for needy families block grant as specified in 42	77278
U.S.C. 601.	77279

(B) To the extent permitted by federal law, the department of	77280
job and family services may provide funds under the program to	77281
entities with which the department enters into agreements under	77282
division (B)(3) of section 5101.801 of the Revised Code. In	77283
accordance with criteria the department develops, the department	77284
may solicit proposals from entities seeking to provide services	77285
under the program. The department may enter into an agreement with	77286
an entity only if it meets all of the following conditions:	77287

(1) Is a private, not-for-profit entity;

77288

(2) Is an entity whose primary purpose is to promote	77289
childbirth, rather than abortion, through counseling and other	77290
services, including parenting and adoption support;	77291

(3) Provides services to pregnant women and parents or other	77292
relatives caring for children twelve months of age or younger,	77293
including clothing, counseling, diapers, food, furniture, health	77294
care, parenting classes, postpartum recovery, shelter, and any	77295
other supportive services, programs, or related outreach;	77296

(4) Does not charge pregnant women and parents or other	77297
relatives caring for children twelve months of age or younger a	77298
fee for any services received;	77299

(5) Is not involved in or associated with any abortion	77300
activities, including providing abortion counseling or referrals	77301
to abortion clinics, performing abortion-related medical	77302
procedures, or engaging in pro-abortion advertising;	77303

(6) Does not discriminate in its provision of services on the	77304
basis of race, religion, color, age, marital status, national	77305
origin, disability, or gender.	77306

(C) An entity that has entered into an agreement with the	77307
department under division (B)(3) of section 5101.801 of the	77308
Revised Code may enter into a subcontract with another entity	77309
under which the other entity provides all or part of the services	77310
described in division (B)(3) of this section. A subcontract may be	77311
entered into with another entity only if that entity meets all of	77312
the following conditions:	77313

(1) Is a private, not-for-profit entity;

77314

(2) Is physically and financially separate from any entity,	77315
or component of an entity, that engages in abortion activities;	77316

(3) Is not involved in or associated with any abortion	77317
activities, including providing abortion counseling or referrals	77318
to abortion clinics, performing abortion-related medical	77319
procedures, or engaging in pro-abortion advertising.	77320

(D) The director of job and family services shall adopt rules	77321
under division (C) of section 5101.801 of the Revised Code as	77322
necessary to implement the Ohio parenting and pregnancy program.	77323

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	77324
Revised Code:	77325

(A)(1) "Association" or "institution" includes ~~any~~all of the	77326
following:	77327

(a) Any incorporated or unincorporated organization, society,	77328
association, or agency, public or private, that receives or cares	77329
for children for two or more consecutive weeks; ~~any~~	77330

(b) Any individual, including the operator of a foster home,	77331
who, for hire, gain, or reward, receives or cares for children for	77332
two or more consecutive weeks, unless the individual is related to	77333
them by blood or marriage; ~~and any~~	77334

(c) Any individual not in the regular employ of a court, or	77335
of an institution or association certified in accordance with	77336
section 5103.03 of the Revised Code, who in any manner becomes a	77337
party to the placing of children in foster homes, unless the	77338
individual is related to such children by blood or marriage, or is	77339
the appointed guardian of such children~~; provided, that any~~.	77340

(2) "Association" or "institution" does not include any of	77341
the following:	77342

(a) Any organization, society, association, school, agency,	77343
child guidance center, detention or rehabilitation facility, or	77344
children's clinic licensed, regulated, approved, operated under	77345
the direction of, or otherwise certified by the department of	77346
education, a local board of education, the department of youth	77347
services, the department of ~~mental health~~mental health and	77348
addiction services, or the department of developmental	77349
disabilities~~, or any~~;	77350

(b) Any individual who provides care for only a single-family	77351
group, placed there by their parents or other relative having	77352
custody~~, shall not be considered as being within the purview of~~	77353
~~these sections~~;	77354

77355

(B) "Family foster home" means a foster home that is not a	77356
specialized foster home.	77357

(C) "Foster caregiver" means a person holding a valid foster	77358
home certificate issued under section 5103.03 of the Revised Code.	77359

(D) "Foster home" means a private residence in which children	77360
are received apart from their parents, guardian, or legal	77361
custodian, by an individual reimbursed for providing the children	77362
nonsecure care, supervision, or training twenty-four hours a day.	77363
"Foster home" does not include care provided for a child in the	77364
home of a person other than the child's parent, guardian, or legal	77365
custodian while the parent, guardian, or legal custodian is	77366
temporarily away. Family foster homes and specialized foster homes	77367
are types of foster homes.	77368

(E) "Medically fragile foster home" means a foster home that	77369
provides specialized medical services designed to meet the needs	77370
of children with intensive health care needs who meet all of the	77371
following criteria:	77372

(1) Under rules adopted by the ~~department of job and family~~	77373
~~services~~medicaid director governing ~~payment under Chapter 5111.~~	77374
~~of the Revised Code~~medicaid payments for long-term care services,	77375
the children require a skilled level of care.	77376

(2) The children require the services of a doctor of medicine	77377
or osteopathic medicine at least once a week due to the	77378
instability of their medical conditions.	77379

(3) The children require the services of a registered nurse	77380
on a daily basis.	77381

(4) The children are at risk of institutionalization in a	77382
hospital, skilled nursing facility, or intermediate care facility	77383
for the mentally retarded.	77384

(F) "Recommending agency" means a public children services	77385
agency, private child placing agency, or private noncustodial	77386
agency that recommends that the department of job and family	77387
services take any of the following actions under section 5103.03	77388
of the Revised Code regarding a foster home:	77389

(1) Issue a certificate;

77390

(2) Deny a certificate;

77391

(3) Renew a certificate;

77392

(4) Deny renewal of a certificate;

77393

(5) Revoke a certificate.

77394

(G) "Specialized foster home" means a medically fragile	77395
foster home or a treatment foster home.	77396

(H) "Treatment foster home" means a foster home that	77397
incorporates special rehabilitative services designed to treat the	77398
specific needs of the children received in the foster home and	77399
that receives and cares for children who are emotionally or	77400
behaviorally disturbed, chemically dependent, mentally retarded,	77401
developmentally disabled, or who otherwise have exceptional needs.	77402

(I) "Therapeutic wilderness camp" means a structured,	77403
alternative residential setting for children who are experiencing	77404
emotional, behavioral, moral, social, or learning difficulties at	77405
home or school in which both of the following are the case:	77406

(1) The children spend the majority of their time, including	77407
overnight, either outdoors or in a primitive structure;	77408

(2) The children have been placed there by their parents or	77409
another relative having custody."	77410

Sec. 5103.0323. (A) As used in this section, ~~"government~~	77411
~~auditing standards" means the government auditing standards~~	77412
~~published by the comptroller general of the United States general~~	77413
~~accounting office~~"American institute of certified public	77414
accountants auditing standards" and "AICPA auditing standards"	77415
mean the auditing standards published by the American institute of	77416
certified public accountants.	77417

(B) The first time that a private child placing agency or	77418
private noncustodial agency seeks renewal of a certificate issued	77419
under section 5103.03 of the Revised Code, it shall provide the	77420
department of job and family services, as a condition of renewal,	77421
evidence of an independent financial statement audit ~~of its first~~	77422
~~year of certification, unless the auditor of state has audited the~~	77423
~~agency during that year and the audit sets forth that no money has~~	77424
~~been illegally expended, converted, misappropriated, or is~~	77425
~~unaccounted for or sets forth findings that are inconsequential,~~	77426
~~as defined by government~~performed by a licensed public accounting	77427
firm following applicable AICPA auditing standards for the most	77428
recent fiscal year. Thereafter, when an agency seeks renewal of	77429
its certificate, it shall provide the department evidence of an	77430
independent financial statement audit performed by a licensed	77431
public accounting firm following applicable AICPA auditing	77432
standards for the two most recent previous fiscal years it is	77433
possible for an independent audit to have been conducted~~, unless~~	77434
~~the auditor of state has audited the agency during those years and~~	77435
~~the audit sets forth that no money has been illegally expended,~~	77436
~~converted, misappropriated, or is unaccounted for or sets forth~~	77437
~~findings that are inconsequential, as defined by government~~	77438
~~auditing standards~~.	77439

(C) For an agency to be eligible for renewal, the independent	77440
audits must demonstrate that the agency operated in a fiscally	77441
accountable manner ~~in accordance with state laws and rules and any~~	77442
~~agreement between the agency and a public children services~~	77443
~~agency.~~	77444

~~All audits required by this section shall be conducted in~~	77445
~~accordance with generally accepted government auditing standards~~	77446
as determined by the department of job and family services.	77447

(D) The director of job and family services may adopt rules	77448
as necessary to implement this section. The director shall adopt	77449
the rules in accordance with section 111.15 of the Revised Code.	77450

Sec. 5103.13. (A) As used in this section and section	77451
5103.131 of the Revised Code:	77452

(1)(a) "Children's crisis care facility" means a facility	77453
that has as its primary purpose the provision of residential and	77454
other care to either or both of the following:	77455

(i) One or more preteens voluntarily placed in the facility	77456
by the preteen's parent or other caretaker who is facing a crisis	77457
that causes the parent or other caretaker to seek temporary care	77458
for the preteen and referral for support services;	77459

(ii) One or more preteens placed in the facility by a public	77460
children services agency or private child placing agency that has	77461
legal custody or permanent custody of the preteen and determines	77462
that an emergency situation exists necessitating the preteen's	77463
placement in the facility rather than an institution certified	77464
under section 5103.03 of the Revised Code or elsewhere.	77465

(b) "Children's crisis care facility" does not include either	77466
of the following:	77467

(i) Any organization, society, association, school, agency,	77468
child guidance center, detention or rehabilitation facility, or	77469
children's clinic licensed, regulated, approved, operated under	77470
the direction of, or otherwise certified by the department of	77471
education, a local board of education, the department of youth	77472
services, the department of ~~mental health~~mental health and	77473
addiction services, or the department of developmental	77474
disabilities;	77475

(ii) Any individual who provides care for only a	77476
single-family group, placed there by their parents or other	77477
relative having custody.	77478

(2) "Legal custody" and "permanent custody" have the same	77479
meanings as in section 2151.011 of the Revised Code.	77480

(3) "Preteen" means an individual under thirteen years of	77481
age.	77482

(B) No person shall operate a children's crisis care facility	77483
or hold a children's crisis care facility out as a certified	77484
children's crisis care facility unless there is a valid children's	77485
crisis care facility certificate issued under this section for the	77486
facility.	77487

(C) A person seeking to operate a children's crisis care	77488
facility shall apply to the director of job and family services to	77489
obtain a certificate for the facility. The director shall certify	77490
the person's children's crisis care facility if the facility meets	77491
all of the certification standards established in rules adopted	77492
under division (F) of this section and the person complies with	77493
all of the rules governing the certification of children's crisis	77494
care facilities adopted under that division. The issuance of a	77495
children's crisis care facility certificate does not exempt the	77496
facility from a requirement to obtain another certificate or	77497
license mandated by law.	77498

(D)(1) No certified children's crisis care facility shall do	77499
any of the following:	77500

(a) Provide residential care to a preteen for more than one	77501
hundred twenty days in a calendar year;	77502

(b) Subject to division (D)(1)(c) of this section and except	77503
as provided in division (D)(2) of this section, provide	77504
residential care to a preteen for more than sixty consecutive	77505
days;	77506

(c) Except as provided in division (D)(3) of this section,	77507
provide residential care to a preteen for more than seventy-two	77508
consecutive hours if a public children services agency or private	77509
child placing agency placed the preteen in the facility;	77510

(d) Fail to comply with section 2151.86 of the Revised Code.

77511

(2) A certified children's crisis care facility may provide	77512
residential care to a preteen for up to ninety consecutive days,	77513
other than a preteen placed in the facility by a public children	77514
services agency or private child placing agency, if any of the	77515
following are the case:	77516

(a) The preteen's parent or other caretaker is enrolled in an	77517
alcohol and drug addiction ~~program certified under section 3793.06~~	77518
~~of the Revised Code~~service or a community mental health service	77519
certified under section ~~5119.611~~5119.36 of the Revised Code;	77520

(b) The preteen's parent or other caretaker is an inpatient	77521
in a hospital;	77522

77523

(d) A physician has diagnosed the preteen's parent or other	77524
caretaker as medically incapacitated.	77525

(3) A certified children's crisis care facility may provide	77526
residential care to a preteen placed in the facility by a public	77527
children services agency or private child placing agency for more	77528
than seventy-two consecutive hours if the director of job and	77529
family services or the director's designee issues the agency a	77530
waiver of the seventy-two consecutive hour limitation. The waiver	77531
may authorize the certified children's crisis care facility to	77532
provide residential care to the preteen for up to fourteen	77533
consecutive days.	77534

(E) The director of job and family services may suspend or	77535
revoke a children's crisis care facility's certificate pursuant to	77536
Chapter 119. of the Revised Code if the facility violates division	77537
(D) of this section or ceases to meet any of the certification	77538
standards established in rules adopted under division (F) of this	77539
section or the facility's operator ceases to comply with any of	77540
the rules governing the certification of children's crisis care	77541
facilities adopted under that division.	77542

(F) Not later than ninety days after September 21, 2006, the	77543
director of job and family services shall adopt rules pursuant to	77544
Chapter 119. of the Revised Code for the certification of	77545
children's crisis care facilities. The rules shall specify that a	77546
certificate shall not be issued to an applicant if the conditions	77547
at the children's crisis care facility would jeopardize the health	77548
or safety of the preteens placed in the facility.	77549

Sec. 5103.42. Prior to the beginning of the fiscal biennium	77550
that first follows October 5, 2000, the public children services	77551
agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	77552
~~Hamilton,~~ Lucas, and Summit counties shall each establish and	77553
maintain a regional training center. Prior to the beginning of the	77554
fiscal biennium that first follows the effective date of this	77555
amendment, the public children services agency of Butler county	77556
shall establish and maintain a regional training center. At any	77557
time after the beginning of ~~that~~the specified biennium, the	77558
department of job and family services, on the recommendation of	77559
the Ohio child welfare training program steering committee, may	77560
direct a public children services agency to establish and maintain	77561
a training center to replace the center established by an agency	77562
under this section. There may be no more and no less than eight	77563
centers in existence at any time. The department may make a grant	77564
to a public children services agency that establishes and	77565
maintains a regional training center under this section for the	77566
purpose of wholly or partially subsidizing the operation of the	77567
center. The department shall specify in the grant all of the	77568
center's duties, including the duties specified in section	77569
5103.422 of the Revised Code.	77570

The regional training center established by the public	77571
children services agency of Butler county under this section	77572
replaces the regional training center previously established by	77573
the public children services agency of Hamilton county under this	77574
section.	77575

Sec. 5104.012. (A)(1) At the times specified in this	77576
division, the administrator of a child day-care center or a type A	77577
family day-care home shall request the superintendent of the	77578
bureau of criminal identification and investigation to conduct a	77579
criminal records check with respect to any applicant who has	77580
applied to the center or type A home for employment as a person	77581
responsible for the care, custody, or control of a child.	77582

The administrator shall request a criminal records check	77583
pursuant to this division at the time of the applicant's initial	77584
application for employment and every ~~four~~five years thereafter.	77585
When the administrator requests pursuant to this division a	77586
criminal records check for an applicant at the time of the	77587
applicant's initial application for employment, the administrator	77588
shall request that the superintendent obtain information from the	77589
federal bureau of investigation as a part of the criminal records	77590
check for the applicant, including fingerprint-based checks of	77591
national crime information databases as described in 42 U.S.C.	77592
671, for the person subject to the criminal records check. In all	77593
other cases in which the administrator requests a criminal records	77594
check for an applicant pursuant to this division, the	77595
administrator may request that the superintendent include	77596
information from the federal bureau of investigation in the	77597
criminal records check, including fingerprint-based checks of	77598
national crime information databases as described in 42 U.S.C.	77599
671.	77600

(2) A person required by division (A)(1) of this section to	77601
request a criminal records check shall provide to each applicant a	77602
copy of the form prescribed pursuant to division (C)(1) of section	77603
109.572 of the Revised Code, provide to each applicant a standard	77604
impression sheet to obtain fingerprint impressions prescribed	77605
pursuant to division (C)(2) of section 109.572 of the Revised	77606
Code, obtain the completed form and impression sheet from each	77607
applicant, and forward the completed form and impression sheet to	77608
the superintendent of the bureau of criminal identification and	77609
investigation at the time the person requests a criminal records	77610
check pursuant to division (A)(1) of this section. On and after	77611
August 14, 2008, the administrator of a child day-care center or a	77612
type A family day-care home shall review the results of the	77613
criminal records check before the applicant has sole	77614
responsibility for the care, custody, or control of any child.	77615

(3) An applicant who receives pursuant to division (A)(2) of	77616
this section a copy of the form prescribed pursuant to division	77617
(C)(1) of section 109.572 of the Revised Code and a copy of an	77618
impression sheet prescribed pursuant to division (C)(2) of that	77619
section and who is requested to complete the form and provide a	77620
set of fingerprint impressions shall complete the form or provide	77621
all the information necessary to complete the form and shall	77622
provide the impression sheet with the impressions of the	77623
applicant's fingerprints. If an applicant, upon request, fails to	77624
provide the information necessary to complete the form or fails to	77625
provide impressions of the applicant's fingerprints, the center or	77626
type A home shall not employ that applicant for any position for	77627
which a criminal records check is required by division (A)(1) of	77628
this section.	77629

(B)(1) Except as provided in rules adopted under division (E)	77630
of this section, no child day-care center or type A family	77631
day-care home shall employ or contract with another entity for the	77632
services of a person as a person responsible for the care,	77633
custody, or control of a child if the person previously has been	77634
convicted of or pleaded guilty to any of the violations described	77635
in division (A)(5) of section 109.572 of the Revised Code.	77636

(2) A child day-care center or type A family day-care home	77637
may employ an applicant conditionally until the criminal records	77638
check required by this section is completed and the center or home	77639
receives the results of the criminal records check. If the results	77640
of the criminal records check indicate that, pursuant to division	77641
(B)(1) of this section, the applicant does not qualify for	77642
employment, the center or home shall release the applicant from	77643
employment.	77644

(C)(1) Each child day-care center and type A family day-care	77645
home shall pay to the bureau of criminal identification and	77646
investigation the fee prescribed pursuant to division (C)(3) of	77647
section 109.572 of the Revised Code for each criminal records	77648
check conducted in accordance with that section upon the request	77649
pursuant to division (A)(1) of this section of the administrator	77650
or provider of the center or home.	77651

(2) A child day-care center and type A family day-care home	77652
may charge an applicant a fee for the costs it incurs in obtaining	77653
a criminal records check under this section. A fee charged under	77654
this division shall not exceed the amount of fees the center or	77655
home pays under division (C)(1) of this section. If a fee is	77656
charged under this division, the center or home shall notify the	77657
applicant at the time of the applicant's initial application for	77658
employment of the amount of the fee and that, unless the fee is	77659
paid, the center or type A home will not consider the applicant	77660
for employment.	77661

(D) The report of any criminal records check conducted by the	77662
bureau of criminal identification and investigation in accordance	77663
with section 109.572 of the Revised Code and pursuant to a request	77664
under division (A)(1) of this section is not a public record for	77665
the purposes of section 149.43 of the Revised Code and shall not	77666
be made available to any person other than the applicant who is	77667
the subject of the criminal records check or the applicant's	77668
representative; the center or type A home requesting the criminal	77669
records check or its representative; the department of job and	77670
family services or a county department of job and family services;	77671
and any court, hearing officer, or other necessary individual	77672
involved in a case dealing with the denial of employment to the	77673
applicant.	77674

(E) The director of job and family services shall adopt rules	77675
pursuant to Chapter 119. of the Revised Code to implement this	77676
section, including rules specifying circumstances under which a	77677
center or home may hire a person who has been convicted of an	77678
offense listed in division (B)(1) of this section but who meets	77679
standards in regard to rehabilitation set by the department.	77680

(F) Any person required by division (A)(1) of this section to	77681
request a criminal records check shall inform each person, at the	77682
time of the person's initial application for employment, that the	77683
person is required to provide a set of impressions of the person's	77684
fingerprints and that a criminal records check is required to be	77685
conducted and satisfactorily completed in accordance with section	77686
109.572 of the Revised Code if the person comes under final	77687
consideration for appointment or employment as a precondition to	77688
employment for that position.	77689

(G) As used in this section:

77690

(1) "Applicant" means a person who is under final	77691
consideration for appointment to or employment in a position with	77692
a child day-care center or a type A family day-care home as a	77693
person responsible for the care, custody, or control of a child;	77694
an in-home aide certified pursuant to section 5104.12 of the	77695
Revised Code; or any person who would serve in any position with a	77696
child day-care center or a type A family day-care home as a person	77697
responsible for the care, custody, or control of a child pursuant	77698
to a contract with another entity.	77699

(2) "Criminal records check" has the same meaning as in	77700
section 109.572 of the Revised Code.	77701

Sec. 5104.013. (A)(1) At the times specified in division	77702
(A)(3) of this section, the director of job and family services,	77703
as part of the process of licensure of child day-care centers and	77704
type A family day-care homes, shall request the superintendent of	77705
the bureau of criminal identification and investigation to conduct	77706
a criminal records check with respect to the following persons:	77707

(a) Any owner, licensee, or administrator of a child day-care	77708
center;	77709

(b) Any owner, licensee, or administrator of a type A family	77710
day-care home and any person eighteen years of age or older who	77711
resides in a type A family day-care home.	77712

(2) At the times specified in division (A)(3) of this	77713
section, the director of a county department of job and family	77714
services, as part of the process of certification of type B family	77715
day-care homes, shall request the superintendent of the bureau of	77716
criminal identification and investigation to conduct a criminal	77717
records check with respect to any authorized provider of a	77718
certified type B family day-care home and any person eighteen	77719
years of age or older who resides in a certified type B family	77720
day-care home.	77721

(3) The director of job and family services shall request a	77722
criminal records check pursuant to division (A)(1) of this section	77723
at the time of the initial application for licensure and every	77724
~~four~~five years thereafter. The director of a county department of	77725
job and family services shall request a criminal records check	77726
pursuant to division (A)(2) of this section at the time of the	77727
initial application for certification and every ~~four~~five years	77728
thereafter at the time of a certification renewal. When the	77729
director of job and family services or the director of a county	77730
department of job and family services requests pursuant to	77731
division (A)(1) or (2) of this section a criminal records check	77732
for a person at the time of the person's initial application for	77733
licensure or certification, the director shall request that the	77734
superintendent of the bureau of criminal identification and	77735
investigation obtain information from the federal bureau of	77736
investigation as a part of the criminal records check for the	77737
person, including fingerprint-based checks of national crime	77738
information databases as described in 42 U.S.C. 671 for the person	77739
subject to the criminal records check. In all other cases in which	77740
the director of job and family services or the director of a	77741
county department of job and family services requests a criminal	77742
records check for an applicant pursuant to division (A)(1) or (2)	77743
of this section, the director may request that the superintendent	77744
include information from the federal bureau of investigation in	77745
the criminal records check, including fingerprint-based checks of	77746
national crime information databases as described in 42 U.S.C.	77747
671.	77748

(4) The director of job and family services shall review the	77749
results of a criminal records check subsequent to a request made	77750
pursuant to divisions (A)(1) and (3) of this section prior to	77751
approval of a license. The director of a county department of job	77752
and family services shall review the results of a criminal records	77753
check subsequent to a request made pursuant to divisions (A)(2)	77754
and (3) of this section prior to approval of certification.	77755

(B) The director of job and family services or the director	77756
of a county department of job and family services shall provide to	77757
each person for whom a criminal records check is required under	77758
this section a copy of the form prescribed pursuant to division	77759
(C)(1) of section 109.572 of the Revised Code and a standard	77760
impression sheet to obtain fingerprint impressions prescribed	77761
pursuant to division (C)(2) of that section, obtain the completed	77762
form and impression sheet from that person, and forward the	77763
completed form and impression sheet to the superintendent of the	77764
bureau of criminal identification and investigation.	77765

(C) A person who receives pursuant to division (B) of this	77766
section a copy of the form and standard impression sheet described	77767
in that division and who is requested to complete the form and	77768
provide a set of fingerprint impressions shall complete the form	77769
or provide all the information necessary to complete the form and	77770
shall provide the impression sheet with the impressions of the	77771
person's fingerprints. If the person, upon request, fails to	77772
provide the information necessary to complete the form or fails to	77773
provide impressions of the person's fingerprints, the director may	77774
consider the failure as a reason to deny licensure or	77775
certification.	77776

(D) Except as provided in rules adopted under division (G) of	77777
this section, the director of job and family services shall not	77778
grant a license to a child day-care center or type A family	77779
day-care home and a county director of job and family services	77780
shall not certify a type B family day-care home if a person for	77781
whom a criminal records check was required in connection with the	77782
center or home previously has been convicted of or pleaded guilty	77783
to any of the violations described in division (A)(5) of section	77784
109.572 of the Revised Code.	77785

(E) Each child day-care center, type A family day-care home,	77786
and type B family day-care home shall pay to the bureau of	77787
criminal identification and investigation the fee prescribed	77788
pursuant to division (C)(3) of section 109.572 of the Revised Code	77789
for each criminal records check conducted in accordance with that	77790
section upon a request made pursuant to division (A) of this	77791
section.	77792

(F) The report of any criminal records check conducted by the	77793
bureau of criminal identification and investigation in accordance	77794
with section 109.572 of the Revised Code and pursuant to a request	77795
made under division (A) of this section is not a public record for	77796
the purposes of section 149.43 of the Revised Code and shall not	77797
be made available to any person other than the person who is the	77798
subject of the criminal records check or the person's	77799
representative, the director of job and family services, the	77800
director of a county department of job and family services, the	77801
center, type A home, or type B home involved, and any court,	77802
hearing officer, or other necessary individual involved in a case	77803
dealing with a denial of licensure or certification related to the	77804
criminal records check.	77805

(G) The director of job and family services shall adopt rules	77806
pursuant to Chapter 119. of the Revised Code to implement this	77807
section, including rules specifying exceptions to the prohibition	77808
in division (D) of this section for persons who have been	77809
convicted of an offense listed in that division but who meet	77810
standards in regard to rehabilitation set by the director.	77811

(H) As used in this section, "criminal records check" has the	77812
same meaning as in section 109.572 of the Revised Code.	77813

Sec. 5104.02. (A) The director of job and family services is	77814
responsible for the licensing of child day-care centers and type A	77815
family day-care homes. Each entity operating a head start program	77816
shall meet the criteria for, and be licensed as, a child day-care	77817
center. The director is responsible for the enforcement of this	77818
chapter and of rules promulgated pursuant to this chapter.	77819

No person, firm, organization, institution, or agency shall	77820
operate, establish, manage, conduct, or maintain a child day-care	77821
center or type A family day-care home without a license issued	77822
under section 5104.03 of the Revised Code. The current license	77823
shall be posted in a conspicuous place in the center or type A	77824
home that is accessible to parents, custodians, or guardians and	77825
employees of the center or type A home at all times when the	77826
center or type A home is in operation.	77827

(B) A person, firm, institution, organization, or agency	77828
operating any of the following programs is exempt from the	77829
requirements of this chapter:	77830

(1) A program of child care that operates for two or less	77831
consecutive weeks;	77832

(2) Child care in places of worship during religious	77833
activities during which children are cared for while at least one	77834
parent, guardian, or custodian of each child is participating in	77835
such activities and is readily available;	77836

(3) Religious activities which do not provide child care;

77837

(4) Supervised training, instruction, or activities of	77838
children in specific areas, including, but not limited to: art;	77839
drama; dance; music; gymnastics, swimming, or another athletic	77840
skill or sport; computers; or an educational subject conducted on	77841
an organized or periodic basis no more than one day a week and for	77842
no more than six hours duration;	77843

(5) Programs in which the director determines that at least	77844
one parent, custodian, or guardian of each child is on the	77845
premises of the facility offering child care and is readily	77846
accessible at all times, except that child care provided on the	77847
premises at which a parent, custodian, or guardian is employed	77848
more than two and one-half hours a day shall be licensed in	77849
accordance with division (A) of this section;	77850

(6)(a) Programs that provide child care funded and regulated	77851
or operated and regulated by state departments other than the	77852
department of job and family services or the state board of	77853
education when the director of job and family services has	77854
determined that the rules governing the program are equivalent to	77855
or exceed the rules promulgated pursuant to this chapter.	77856

Notwithstanding any exemption from regulation under this	77857
chapter, each state department shall submit to the director of job	77858
and family services a copy of the rules that govern programs that	77859
provide child care and are regulated or operated and regulated by	77860
the department. Annually, each state department shall submit to	77861
the director a report for each such program it regulates or	77862
operates and regulates that includes the following information:	77863

(i) The site location of the program;

77864

(ii) The maximum number of infants, toddlers, preschool-age	77865
children, or school-age children served by the program at one	77866
time;	77867

(iii) The number of adults providing child care for the	77868
number of infants, toddlers, preschool-age children, or school-age	77869
children;	77870

(iv) Any changes in the rules made subsequent to the time	77871
when the rules were initially submitted to the director.	77872

The director shall maintain a record of the child care	77873
information submitted by other state departments and shall provide	77874
this information upon request to the general assembly or the	77875
public.	77876

(b) Child care programs conducted by boards of education or	77877
by chartered nonpublic schools that are conducted in school	77878
buildings and that provide child care to school-age children only	77879
shall be exempt from meeting or exceeding rules promulgated	77880
pursuant to this chapter.	77881

(7) Any preschool program or school child program, except a	77882
head start program, that is subject to licensure by the department	77883
of education under sections 3301.52 to 3301.59 of the Revised	77884
Code.	77885

(8) Any program providing child care that meets all of the	77886
following requirements and, on October 20, 1987, was being	77887
operated by a nonpublic school that holds a charter issued by the	77888
state board of education for kindergarten only:	77889

(a) The nonpublic school has given the notice to the state	77890
board and the director of job and family services required by	77891
Section 4 of Substitute House Bill No. 253 of the 117th general	77892
assembly;	77893

(b) The nonpublic school continues to be chartered by the	77894
state board for kindergarten, or receives and continues to hold a	77895
charter from the state board for kindergarten through grade five;	77896

77897

(d) The program is operated in accordance with rules	77898
promulgated by the state board under sections 3301.52 to 3301.57	77899
of the Revised Code.	77900

(9) A youth development program operated outside of school	77901
hours by a community-based center to which all of the following	77902
apply:	77903

(a) The children enrolled in the program are under nineteen	77904
years of age and enrolled in or eligible to be enrolled in a grade	77905
of kindergarten or above.	77906

(b) The program provides informal child care ~~and at least~~	77907
~~two~~, which is child care that does not require parental signature,	77908
permission, or notice for the child receiving the care to enter or	77909
leave the program;	77910

(c) The program provides any of the following supervised	77911
activities: educational, recreational, culturally enriching,	77912
social, and personal development activities.	77913

~~(c)~~(d) The program is eligible for participation in the child	77914
and adult care food program as an outside-school-hours care center	77915
pursuant to standards established under section 3313.813 of the	77916
Revised Code.	77917

~~(d)~~(e) The community-based center operating the program is	77918
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	77919
and (c)(3).	77920

Sec. 5104.021. The director of job and family services may	77921
~~not~~ issue a child day-care center or type A family day-care home	77922
license to a youth development program that is exempted by	77923
division (B)(9) of section 5104.02 of the Revised Code from the	77924
requirements of this chapter if the youth development program	77925
applies for and meets all of the requirements for the license.	77926

Sec. 5104.03. (A) Any person, firm, organization,	77927
institution, or agency desiring to establish a child day-care	77928
center or type A family day-care home shall apply for a license to	77929
the director of job and family services on such form as the	77930
director prescribes. The director shall provide at no charge to	77931
each applicant for licensure a copy of the child care license	77932
requirements in this chapter and a copy of the rules adopted	77933
pursuant to this chapter. The copies may be provided in paper or	77934
electronic form.	77935

Fees shall be set by the director pursuant to section	77936
5104.011 of the Revised Code and shall be paid at the time of	77937
application for a license to operate a center or type A home. Fees	77938
collected under this section shall be paid into the state treasury	77939
to the credit of the general revenue fund.	77940

(B) Upon filing of the application for a license, the	77941
director shall investigate and inspect the center or type A home	77942
to determine the license capacity for each age category of	77943
children of the center or type A home and to determine whether the	77944
center or type A home complies with this chapter and rules adopted	77945
pursuant to this chapter. When, after investigation and	77946
inspection, the director is satisfied that this chapter and rules	77947
adopted pursuant to it are complied with, subject to division (G)	77948
of this section, a provisional license shall be issued as soon as	77949
practicable in such form and manner as prescribed by the director.	77950
The provisional license shall be valid for twelve months from the	77951
date of issuance unless revoked.	77952

(C) The director shall investigate and inspect the center or	77953
type A home at least once during operation under the provisional	77954
license. If after the investigation and inspection the director	77955
determines that the requirements of this chapter and rules adopted	77956
pursuant to this chapter are met, subject to division (G) of this	77957
section, the director shall issue a license to the center or home.	77958

(D) The license or provisional license shall state the name	77959
of the licensee, the name of the administrator, the address of the	77960
center or type A home, and the license capacity for each age	77961
category of children. The license or provisional license shall	77962
include thereon, in accordance with section 5104.011 of the	77963
Revised Code, the toll-free telephone number to be used by persons	77964
suspecting that the center or type A home has violated a provision	77965
of this chapter or rules adopted pursuant to this chapter. A	77966
license or provisional license is valid only for the licensee,	77967
administrator, address, and license capacity for each age category	77968
of children designated on the license. The license capacity	77969
specified on the license or provisional license is the maximum	77970
number of children in each age category that may be cared for in	77971
the center or type A home at one time.	77972

The center or type A home licensee shall notify the director	77973
when the administrator of the center or home changes. The director	77974
shall amend the current license or provisional license to reflect	77975
a change in an administrator, if the administrator meets the	77976
requirements of Chapter 5104. of the Revised Code and rules	77977
adopted pursuant to Chapter 5104. of the Revised Code, or a change	77978
in license capacity for any age category of children as determined	77979
by the director of job and family services.	77980

(E) If the director revokes the license of a center or a type	77981
A home, the director shall not issue another license to the owner	77982
of the center or type A home until five years have elapsed from	77983
the date the license is revoked.	77984

If the director denies an application for a license, the	77985
director shall not accept another application from the applicant	77986
until five years have elapsed from the date the application is	77987
denied.	77988

(F) If during the application for licensure process the	77989
director determines that the license of the owner has been	77990
revoked, the investigation of the center or type A home shall	77991
cease. This action does not constitute denial of the application	77992
and may not be appealed under division (G) of this section.	77993

(G) All actions of the director with respect to licensing	77994
centers or type A homes, refusal to license, and revocation of a	77995
license shall be in accordance with Chapter 119. of the Revised	77996
Code. Any applicant who is denied a license or any owner whose	77997
license is revoked may appeal in accordance with section 119.12 of	77998
the Revised Code.	77999

(H) In no case shall the director issue a license or	78000
provisional license under this section for a type A home or center	78001
if the director, based on documentation provided by the	78002
appropriate county department of job and family services,	78003
determines that the applicant previously had been certified as a	78004
type B family day-care home, that the county department revoked	78005
that certification within the immediately preceding five years,	78006
that the revocation was based on the applicant's refusal or	78007
inability to comply with the criteria for certification, and that	78008
the refusal or inability resulted in a risk to the health or	78009
safety of children.	78010

Sec. 5104.08. (A) There is hereby created in the department	78011
of job and family services a child care advisory council to advise	78012
and assist the department in the administration of this chapter	78013
and in the development of child care. The council shall consist of	78014
twenty-two voting members appointed by the director of job and	78015
family services with the approval of the governor. The director of	78016
job and family services, the director of developmental	78017
disabilities, the director of ~~mental health~~mental health and	78018
addiction services, the superintendent of public instruction, the	78019
director of health, the director of commerce, and the state fire	78020
marshal shall serve as nonvoting members of the council.	78021

Six members shall be representatives of child care centers	78022
subject to licensing, the members to represent a variety of	78023
centers, including nonprofit and proprietary, from different	78024
geographical areas of the state. At least three members shall be	78025
parents, guardians, or custodians of children receiving child care	78026
or publicly funded child care in the child's own home, a center, a	78027
type A home, a head start program, a certified type B home, or a	78028
type B home at the time of appointment. Three members shall be	78029
representatives of in-home aides, type A homes, certified type B	78030
homes, or type B homes or head start programs. At least six	78031
members shall represent county departments of job and family	78032
services. The remaining members shall be representatives of the	78033
teaching, child development, and health professions, and other	78034
individuals interested in the welfare of children. At least six	78035
members of the council shall not be employees or licensees of a	78036
child day-care center, head start program, or type A home, or	78037
providers operating a certified type B home or type B home, or	78038
in-home aides.	78039

Appointments shall be for three-year terms. Vacancies shall	78040
be filled for the unexpired terms. A member of the council is	78041
subject to removal by the director of job and family services for	78042
a willful and flagrant exercise of authority or power that is not	78043
authorized by law, for a refusal or willful neglect to perform any	78044
official duty as a member of the council imposed by law, or for	78045
being guilty of misfeasance, malfeasance, nonfeasance, or gross	78046
neglect of duty as a member of the council.	78047

There shall be two co-chairpersons of the council. One	78048
co-chairperson shall be the director of job and family services or	78049
the director's designee, and one co-chairperson shall be elected	78050
by the members of the council. The council shall meet as often as	78051
is necessary to perform its duties, provided that it shall meet at	78052
least once in each quarter of each calendar year and at the call	78053
of the co-chairpersons. The co-chairpersons or their designee	78054
shall send to each member a written notice of the date, time, and	78055
place of each meeting.	78056

Members of the council shall serve without compensation, but	78057
shall be reimbursed for necessary expenses.	78058

(B) The child care advisory council shall advise the director	78059
on matters affecting the licensing of centers and type A homes and	78060
the certification of type B homes and in-home aides. The council	78061
shall make an annual report to the director of job and family	78062
services that addresses the availability, affordability,	78063
accessibility, and quality of child care and that summarizes the	78064
recommendations and plans of action that the council has proposed	78065
to the director during the preceding fiscal year. The director of	78066
job and family services shall provide copies of the report to the	78067
governor, speaker and minority leader of the house of	78068
representatives, and the president and minority leader of the	78069
senate and, on request, shall make copies available to the public.	78070

(C) The director of job and family services shall adopt rules	78071
pursuant to Chapter 119. of the Revised Code to implement this	78072
section.	78073

Sec. 5104.11. (A)(1) Every person desiring to receive	78074
certification for a type B family day-care home to provide	78075
publicly funded child care shall apply for certification to the	78076
county director of job and family services on such forms as the	78077
director of job and family services prescribes. The county	78078
director shall provide at no charge to each applicant a copy of	78079
rules for certifying type B family day-care homes adopted pursuant	78080
to this chapter.	78081

(2) Except as provided in division (G)(1) of section 5104.011	78082
of the Revised Code, after receipt of an application for	78083
certification from a type B family day-care home, the county	78084
director of job and family services shall inspect the home. If it	78085
complies with this chapter and any applicable rules adopted under	78086
this chapter, the county department shall certify the type B	78087
family day-care home to provide publicly funded child care	78088
pursuant to this chapter and any rules adopted under it. The	78089
director of job and family services or a county director of job	78090
and family services may contract with a government entity or a	78091
private nonprofit entity for that entity to inspect and certify	78092
type B family day-care homes pursuant to this section. The county	78093
department of job and family services, government entity, or	78094
nonprofit entity shall conduct the inspection prior to the	78095
issuance of a certificate for the type B home and, as part of that	78096
inspection, ensure that the type B home is safe and sanitary.	78097

(3)(a) On receipt of an application for certification for a	78098
type B family day-care home to provide publicly funded child care	78099
or for renewal of such certification, the county department shall	78100
request from ~~both of the following~~the public children services	78101
agency information concerning any abuse or neglect report made	78102
pursuant to section 2151.421 of the Revised Code of which the	78103
applicant, any other adult residing in the applicant's home, or a	78104
person designated by the applicant to be an emergency or	78105
substitute caregiver for the applicant is the subject:	78106

~~(i) The public children services agency, until the county~~	78107
~~department is notified by the department of job and family~~	78108
~~services that the uniform statewide automated child welfare~~	78109
~~information system has been finalized statewide;~~	78110

~~(ii) Upon receipt of notification under division (D) of~~	78111
~~section 5101.13 of the Revised Code that the uniform statewide~~	78112
~~automated child welfare information system has been implemented~~	78113
~~statewide, the uniform statewide automated child welfare~~	78114
~~information system via the department~~.	78115

(b) The county department shall consider any information	78116
provided by the agency ~~or the department~~ pursuant to section	78117
5153.175 of the Revised Code. If the county department determines	78118
that the information, when viewed within the totality of the	78119
circumstances, reasonably leads to the conclusion that the	78120
applicant may directly or indirectly endanger the health, safety,	78121
or welfare of children, the county department shall deny the	78122
application for certification or renewal of certification, or	78123
revoke the certification of an authorized provider.	78124

(c) As used in division (A)(3) of this section, "public	78125
children services agency" means either an entity separate from the	78126
county department or the part of the county department that serves	78127
as the county's public children services agency, as appropriate.	78128

(4) Except as provided in division (A)(5) of this section, an	78129
authorized provider of a type B family day-care home that receives	78130
a certificate pursuant to this section to provide publicly funded	78131
child care is an independent contractor and is not an employee of	78132
the county department of job and family services that issues the	78133
certificate.	78134

(5) For purposes of Chapter 4141. of the Revised Code,	78135
determinations concerning the employment of an authorized provider	78136
of a type B family day-care home that receives a certificate	78137
pursuant to this section shall be determined under Chapter 4141.	78138
of the Revised Code.	78139

(B)(1) If the county director of job and family services	78140
determines that the type B family day-care home complies with this	78141
chapter and any rules adopted under it, the county director shall	78142
issue to the provider a certificate to provide publicly funded	78143
child care~~, which~~. The certificate is valid for twelve months,	78144
unless revoked earlier. ~~The county director may revoke the~~	78145
~~certificate after determining that revocation is necessary.~~ The	78146
authorized provider shall post the certificate in a conspicuous	78147
place in the certified type B home that is accessible to parents,	78148
custodians, or guardians at all times. The certificate shall state	78149
the name and address of the authorized provider, the maximum	78150
number of children who may be cared for at any one time in the	78151
certified type B home, the expiration date of the certification,	78152
and the name and telephone number of the county director who	78153
issued the certificate.	78154

(2) The county director may revoke a certificate to provide	78155
publicly funded child care in either of the following	78156
circumstances:	78157

(a) The county director determines, pursuant to rules adopted	78158
under Chapter 119. of the Revised Code, that revocation is	78159
necessary;	78160

(b) The authorized provider does not comply with division	78161
(D)(2) of section 5104.32 of the Revised Code.	78162

(C)(1) The county director shall inspect every certified type	78163
B family day-care home at least twice within each twelve-month	78164
period of the operation of the certified type B home. A minimum of	78165
one inspection shall be unannounced and all inspections may be	78166
unannounced. Upon receipt of a complaint, the county director	78167
shall investigate the certified type B home, and division (C)(2)	78168
of this section applies regarding the complaint. The authorized	78169
provider shall permit the county director to inspect any part of	78170
the certified type B home. The county director shall prepare a	78171
written inspection report and furnish one copy to the authorized	78172
provider within a reasonable time after the inspection.	78173

(2) Upon receipt of a complaint as described in division	78174
(C)(1) of this section, in addition to the investigation that is	78175
required under that division, both of the following apply:	78176

(a) If the complaint alleges that a child suffered physical	78177
harm while receiving child care at the certified type B family	78178
day-care home or that the noncompliance with law or act alleged in	78179
the complaint involved, resulted in, or poses a substantial risk	78180
of physical harm to a child receiving child care at the home, the	78181
county director shall inspect the home.	78182

(b) If division (C)(2)(a) of this section does not apply	78183
regarding the complaint, the county director may inspect the	78184
certified type B family day-care home.	78185

(3) Division (C)(2) of this section does not limit, restrict,	78186
or negate any duty of the county director to inspect a certified	78187
type B family day-care home that otherwise is imposed under this	78188
section, or any authority of the county director to inspect a home	78189
that otherwise is granted under this section when the county	78190
director believes the inspection is necessary and it is permitted	78191
under the grant.	78192

(D) The county director of job and family services, in	78193
accordance with rules adopted pursuant to section 5104.052 of the	78194
Revised Code regarding fire safety and fire prevention, shall	78195
inspect each type B home that applies to be certified that is	78196
providing or is to provide publicly funded child care.	78197

(E) All materials that are supplied by the department of job	78198
and family services to type A family day-care home providers, type	78199
B family day-care home providers, in-home aides, persons who	78200
desire to be type A family day-care home providers, type B family	78201
day-care home providers, or in-home aides, and caretaker parents	78202
shall be written at no higher than the sixth grade reading level.	78203
The department may employ a readability expert to verify its	78204
compliance with this division.	78205

Sec. 5104.12. (A) The county director of job and family	78206
services may certify in-home aides to provide publicly funded	78207
child care pursuant to this chapter and any rules adopted under	78208
it. Any in-home aide who receives a certificate pursuant to this	78209
section to provide publicly funded child care is an independent	78210
contractor and is not an employee of the county department of job	78211
and family services that issues the certificate.	78212

(B) Every person desiring to receive certification as an	78213
in-home aide shall apply for certification to the county director	78214
of job and family services on such forms as the director of job	78215
and family services prescribes. The county director shall provide	78216
at no charge to each applicant a copy of rules for certifying	78217
in-home aides adopted pursuant to this chapter.	78218

(C)(1) If the county director of job and family services	78219
determines that public funds are available and that the person	78220
complies with this chapter and any rules adopted under it, the	78221
county director shall certify the person as an in-home aide and	78222
issue the person a certificate to provide publicly funded child	78223
care for twelve months. ~~The county director may revoke the~~	78224
~~certificate after determining that revocation is necessary.~~ The	78225
county director shall furnish a copy of the certificate to the	78226
parent, custodian, or guardian. The certificate shall state the	78227
name and address of the in-home aide, the expiration date of the	78228
certification, and the name and telephone number of the county	78229
director who issued the certificate.	78230

(2) The county director may revoke the certificate in either	78231
of the following circumstances:	78232

(a) The county director determines, pursuant to rules adopted	78233
under Chapter 119. of the Revised Code, that revocation is	78234
necessary;	78235

(b) The in-home aide does not comply with division (D)(2) of	78236
section 5104.32 of the Revised Code.	78237

(D)(1) The county director of job and family services shall	78238
inspect every home of a child who is receiving publicly funded	78239
child care in the child's own home while the in-home aide is	78240
providing the services. Inspections may be unannounced. Upon	78241
receipt of a complaint, the county director shall investigate the	78242
in-home aide, shall investigate the home of a child who is	78243
receiving publicly funded child care in the child's own home, and	78244
division (D)(2) of this section applies regarding the complaint.	78245
The caretaker parent shall permit the county director to inspect	78246
any part of the child's home. The county director shall prepare a	78247
written inspection report and furnish one copy each to the in-home	78248
aide and the caretaker parent within a reasonable time after the	78249
inspection.	78250

(2) Upon receipt of a complaint as described in division	78251
(D)(1) of this section, in addition to the investigations that are	78252
required under that division, both of the following apply:	78253

(a) If the complaint alleges that a child suffered physical	78254
harm while receiving publicly funded child care in the child's own	78255
home from an in-home aide or that the noncompliance with law or	78256
act alleged in the complaint involved, resulted in, or poses a	78257
substantial risk of physical harm to a child receiving publicly	78258
funded child care in the child's own home from an in-home aide,	78259
the county director shall inspect the home of the child.	78260

(b) If division (D)(2)(a) of this section does not apply	78261
regarding the complaint, the county director may inspect the home	78262
of the child.	78263

(3) Division (D)(2) of this section does not limit, restrict,	78264
or negate any duty of the county director to inspect a home of a	78265
child who is receiving publicly funded child care from an in-home	78266
aide that otherwise is imposed under this section, or any	78267
authority of the county director to inspect such a home that	78268
otherwise is granted under this section when the county director	78269
believes the inspection is necessary and it is permitted under the	78270
grant.	78271

Sec. 5104.32. (A) Except as provided in division (C) of this	78272
section, all purchases of publicly funded child care shall be made	78273
under a contract entered into by a licensed child day-care center,	78274
licensed type A family day-care home, certified type B family	78275
day-care home, certified in-home aide, approved child day camp,	78276
licensed preschool program, licensed school child program, or	78277
border state child care provider and the department of job and	78278
family services. All contracts for publicly funded child care	78279
shall be contingent upon the availability of state and federal	78280
funds. The department shall prescribe a standard form to be used	78281
for all contracts for the purchase of publicly funded child care,	78282
regardless of the source of public funds used to purchase the	78283
child care. To the extent permitted by federal law and	78284
notwithstanding any other provision of the Revised Code that	78285
regulates state contracts or contracts involving the expenditure	78286
of state or federal funds, all contracts for publicly funded child	78287
care shall be entered into in accordance with the provisions of	78288
this chapter and are exempt from any other provision of the	78289
Revised Code that regulates state contracts or contracts involving	78290
the expenditure of state or federal funds.	78291

(B) Each contract for publicly funded child care shall	78292
specify at least the following:	78293

(1) That the provider of publicly funded child care agrees to	78294
be paid for rendering services at the lower of the rate	78295
customarily charged by the provider for children enrolled for	78296
child care or the reimbursement ceiling or rate of payment	78297
established pursuant to section 5104.30 of the Revised Code;	78298

(2) That, if a provider provides child care to an individual	78299
potentially eligible for publicly funded child care who is	78300
subsequently determined to be eligible, the department agrees to	78301
pay for all child care provided between the date the county	78302
department of job and family services receives the individual's	78303
completed application and the date the individual's eligibility is	78304
determined;	78305

(3) Whether the county department of job and family services,	78306
the provider, or a child care resource and referral service	78307
organization will make eligibility determinations, whether the	78308
provider or a child care resource and referral service	78309
organization will be required to collect information to be used by	78310
the county department to make eligibility determinations, and the	78311
time period within which the provider or child care resource and	78312
referral service organization is required to complete required	78313
eligibility determinations or to transmit to the county department	78314
any information collected for the purpose of making eligibility	78315
determinations;	78316

(4) That the provider, other than a border state child care	78317
provider, shall continue to be licensed, approved, or certified	78318
pursuant to this chapter and shall comply with all standards and	78319
other requirements in this chapter and in rules adopted pursuant	78320
to this chapter for maintaining the provider's license, approval,	78321
or certification;	78322

(5) That, in the case of a border state child care provider,	78323
the provider shall continue to be licensed, certified, or	78324
otherwise approved by the state in which the provider is located	78325
and shall comply with all standards and other requirements	78326
established by that state for maintaining the provider's license,	78327
certificate, or other approval;	78328

(6) Whether the provider will be paid by the state department	78329
of job and family services or in some other manner as prescribed	78330
by rules adopted under section 5104.42 of the Revised Code;	78331

(7) That the contract is subject to the availability of state	78332
and federal funds.	78333

(C) Unless specifically prohibited by federal law or by rules	78334
adopted under section 5104.42 of the Revised Code, the county	78335
department of job and family services shall give individuals	78336
eligible for publicly funded child care the option of obtaining	78337
certificates that the individual may use to purchase services from	78338
any provider qualified to provide publicly funded child care under	78339
section 5104.31 of the Revised Code. Providers of publicly funded	78340
child care may present these certificates for payment in	78341
accordance with rules that the director of job and family services	78342
shall adopt. Only providers may receive payment for certificates.	78343
The value of the certificate shall be based on the lower of the	78344
rate customarily charged by the provider or the rate of payment	78345
established pursuant to section 5104.30 of the Revised Code. The	78346
county department may provide the certificates to the individuals	78347
or may contract with child care providers or child care resource	78348
and referral service organizations that make determinations of	78349
eligibility for publicly funded child care pursuant to contracts	78350
entered into under section 5104.34 of the Revised Code for the	78351
providers or resource and referral service organizations to	78352
provide the certificates to individuals whom they determine are	78353
eligible for publicly funded child care.	78354

For each six-month period a provider of publicly funded child	78355
care provides publicly funded child care to the child of an	78356
individual given certificates, the individual shall provide the	78357
provider certificates for days the provider would have provided	78358
publicly funded child care to the child had the child been	78359
present. The maximum number of days providers shall be provided	78360
certificates shall not exceed ten days in a six-month period	78361
during which publicly funded child care is provided to the child	78362
regardless of the number of providers that provide publicly funded	78363
child care to the child during that period.	78364

(D)(1) The department shall establish the Ohio electronic	78365
child care system to track attendance and calculate payments for	78366
publicly funded child care. The system shall include issuing an	78367
electronic child care card to each caretaker parent to swipe	78368
through a point-of-service device issued to an eligible provider,	78369
as described in section 5104.31 of the Revised Code.	78370

(2) Each eligible provider that provides publicly funded	78371
child care shall participate in the Ohio electronic child care	78372
system. A provider participating in the system shall not do any of	78373
the following:	78374

(a) Use or have possession of an electronic child care card	78375
issued to a caretaker parent;	78376

(b) Falsify attendance records;

78377

(c) Knowingly seek payment for publicly funded child care	78378
that was not provided;	78379

(d) Knowingly accept reimbursement for publicly funded child	78380
care that was not provided.	78381

Sec. 5107.10. (A) As used in this section:

78382

(1) "Countable income," "gross earned income," and "gross	78383
unearned income" have the meanings established in rules adopted	78384
under section 5107.05 of the Revised Code.	78385

(2) "Federal poverty guidelines" has the same meaning as in	78386
section 5101.46 of the Revised Code, except that references to a	78387
person's family in the definition shall be deemed to be references	78388
to the person's assistance group.	78389

(3) "Gross income" means gross earned income and gross	78390
unearned income.	78391

(4) "Strike" means continuous concerted action in failing to	78392
report to duty; willful absence from one's position; or stoppage	78393
of work in whole from the full, faithful, and proper performance	78394
of the duties of employment, for the purpose of inducing,	78395
influencing, or coercing a change in wages, hours, terms, and	78396
other conditions of employment. "Strike" does not include a	78397
stoppage of work by employees in good faith because of dangerous	78398
or unhealthful working conditions at the place of employment that	78399
are abnormal to the place of employment.	78400

(B) Under the Ohio works first program, an assistance group	78401
shall receive, except as otherwise provided by this chapter,	78402
time-limited cash assistance. In the case of an assistance group	78403
that includes a minor head of household or adult, assistance shall	78404
be provided in accordance with the self-sufficiency contract	78405
entered into under section 5107.14 of the Revised Code.	78406

(C) To be eligible to participate in Ohio works first, an	78407
assistance group must meet all of the following requirements:	78408

(1) The assistance group, except as provided in division (E)	78409
of this section, must include at least one of the following:	78410

(a) A minor child who, except as provided in section 5107.24	78411
of the Revised Code, resides with a parent, or specified relative	78412
caring for the child, or, to the extent permitted by Title IV-A	78413
and federal regulations adopted until Title IV-A, resides with a	78414
guardian or custodian caring for the child;	78415

(b) A parent residing with and caring for the parent's minor	78416
child who receives supplemental security income under Title XVI of	78417
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	78418
as amended, or federal, state, or local adoption assistance;	78419

(c) A specified relative residing with and caring for a minor	78420
child who is related to the specified relative in a manner that	78421
makes the specified relative a specified relative and receives	78422
supplemental security income or federal, state, or local foster	78423
care or adoption assistance;	78424

(d) A woman at least six months pregnant.

78425

(2) The assistance group must meet the income requirements	78426
established by division (D) of this section.	78427

(3) No member of the assistance group may be involved in a	78428
strike.	78429

(4) The assistance group must satisfy the requirements for	78430
Ohio works first established by this chapter and ~~sections 5101.58,~~	78431
~~5101.59, and~~section 5101.83 of the Revised Code.	78432

(5) The assistance group must meet requirements for Ohio	78433
works first established by rules adopted under section 5107.05 of	78434
the Revised Code.	78435

(D)(1) Except as provided in division (D)(4) of this section,	78436
to determine whether an assistance group is initially eligible to	78437
participate in Ohio works first, a county department of job and	78438
family services shall do the following:	78439

(a) Determine whether the assistance group's gross income	78440
exceeds fifty per cent of the federal poverty guidelines. In	78441
making this determination, the county department shall disregard	78442
amounts that federal statutes or regulations and sections 5101.17	78443
and 5117.10 of the Revised Code require be disregarded. The	78444
assistance group is ineligible to participate in Ohio works first	78445
if the assistance group's gross income, less the amounts	78446
disregarded, exceeds fifty per cent of the federal poverty	78447
guidelines.	78448

(b) If the assistance group's gross income, less the amounts	78449
disregarded pursuant to division (D)(1)(a) of this section, does	78450
not exceed fifty per cent of the federal poverty guidelines,	78451
determine whether the assistance group's countable income is less	78452
than the payment standard. The assistance group is ineligible to	78453
participate in Ohio works first if the assistance group's	78454
countable income equals or exceeds the payment standard.	78455

(2) For the purpose of determining whether an assistance	78456
group meets the income requirement established by division	78457
(D)(1)(a) of this section, the annual revision that the United	78458
States department of health and human services makes to the	78459
federal poverty guidelines shall go into effect on the first day	78460
of July of the year for which the revision is made.	78461

(3) To determine whether an assistance group participating in	78462
Ohio works first continues to be eligible to participate, a county	78463
department of job and family services shall determine whether the	78464
assistance group's countable income continues to be less than the	78465
payment standard. In making this determination, the county	78466
department shall disregard the first two hundred fifty dollars and	78467
fifty per cent of the remainder of the assistance group's gross	78468
earned income. No amounts shall be disregarded from the assistance	78469
group's gross unearned income. The assistance group ceases to be	78470
eligible to participate in Ohio works first if its countable	78471
income, less the amounts disregarded, equals or exceeds the	78472
payment standard.	78473

(4) If an assistance group reapplies to participate in Ohio	78474
works first not more than four months after ceasing to	78475
participate, a county department of job and family services shall	78476
use the income requirement established by division (D)(3) of this	78477
section to determine eligibility for resumed participation rather	78478
than the income requirement established by division (D)(1) of this	78479
section.	78480

(E)(1) An assistance group may continue to participate in	78481
Ohio works first even though a public children services agency	78482
removes the assistance group's minor children from the assistance	78483
group's home due to abuse, neglect, or dependency if the agency	78484
does both of the following:	78485

(a) Notifies the county department of job and family services	78486
at the time the agency removes the children that it believes the	78487
children will be able to return to the assistance group within six	78488
months;	78489

(b) Informs the county department at the end of each of the	78490
first five months after the agency removes the children that the	78491
parent, guardian, custodian, or specified relative of the children	78492
is cooperating with the case plans prepared for the children under	78493
section 2151.412 of the Revised Code and that the agency is making	78494
reasonable efforts to return the children to the assistance group.	78495

(2) An assistance group may continue to participate in Ohio	78496
works first pursuant to division (E)(1) of this section for not	78497
more than six payment months. This division does not affect the	78498
eligibility of an assistance group that includes a woman at least	78499
six months pregnant.	78500

Sec. 5107.14. (A) An assistance group is ineligible to	78501
participate in Ohio works first unless the following enter into a	78502
written self-sufficiency contract with the county department of	78503
job and family services:	78504

(1) Each adult member of the assistance group;

78505

(2) The assistance group's minor head of household.

78506

(B) A self-sufficiency contract shall set forth the rights	78507
and responsibilities of the assistance group as applicants for and	78508
participants of Ohio works first. Each self-sufficiency contract	78509
shall include, based on appraisals conducted under section 5107.41	78510
of the Revised Code and assessments conducted under section	78511
5107.70 of the Revised Code, the following:	78512

(1) The assistance group's plan, developed under section	78513
5107.41 of the Revised Code, to achieve the goal of self	78514
sufficiency and personal responsibility through unsubsidized	78515
employment within the time limit for participating in Ohio works	78516
first established by section 5107.18 of the Revised Code;	78517

(2) Work activities, developmental activities, and	78518
alternative work activities to which members of the assistance	78519
group are assigned under sections 5107.40 to 5107.69 of the	78520
Revised Code;	78521

(3) The responsibility of a caretaker member of the	78522
assistance group to cooperate in establishing a minor child's	78523
paternity and establishing, modifying, and enforcing a support	78524
order for the child in accordance with section 5107.22 of the	78525
Revised Code;	78526

(4) Other responsibilities that members of the assistance	78527
group must satisfy to participate in Ohio works first and the	78528
consequences for failure or refusal to satisfy the	78529
responsibilities;	78530

(5) An agreement that, except as otherwise provided in a	78531
waiver issued under section 5107.714 of the Revised Code, the	78532
assistance group will comply with the conditions of participating	78533
in Ohio works first established by this chapter and ~~sections~~	78534
~~5101.58, 5101.59, and~~section 5101.83 of the Revised Code;	78535

(6) Assistance and services the county department will	78536
provide to the assistance group;	78537

(7) Assistance and services the child support enforcement	78538
agency and public children services agency will provide to the	78539
assistance group pursuant to a plan of cooperation entered into	78540
under section 307.983 of the Revised Code;	78541

(8) Other provisions designed to assist the assistance group	78542
in achieving self sufficiency and personal responsibility;	78543

(9) Procedures for assessing whether responsibilities are	78544
being satisfied and whether the contract should be amended;	78545

(10) Procedures for amending the contract.

78546

(C) No self-sufficiency contract shall include provisions	78547
regarding the LEAP program.	78548

(D) The county department shall provide without charge a copy	78549
of the self-sufficiency contract to each assistance group member	78550
who signs it.	78551

Sec. 5107.16. (A) If a member of an assistance group fails	78552
or refuses, without good cause, to comply in full with a provision	78553
of a self-sufficiency contract entered into under section 5107.14	78554
of the Revised Code, a county department of job and family	78555
services shall sanction the assistance group as follows:	78556

(1) For a first failure or refusal, the county department	78557
shall deny or terminate the assistance group's eligibility to	78558
participate in Ohio works first for one payment month or until the	78559
failure or refusal ceases, whichever is longer;	78560

(2) For a second failure or refusal, the county department	78561
shall deny or terminate the assistance group's eligibility to	78562
participate in Ohio works first for three payment months or until	78563
the failure or refusal ceases, whichever is longer;	78564

(3) For a third or subsequent failure or refusal, the county	78565
department shall deny or terminate the assistance group's	78566
eligibility to participate in Ohio works first for six payment	78567
months or until the failure or refusal ceases, whichever is	78568
longer.	78569

(B) The director of job and family services shall establish	78570
standards for the determination of good cause for failure or	78571
refusal to comply in full with a provision of a self-sufficiency	78572
contract in rules adopted under section 5107.05 of the Revised	78573
Code.	78574

(C) An assistance group member who fails or refuses, without	78575
good cause, to comply in full with a provision of a	78576
self-sufficiency contract must complete all compliance activities	78577
specified in rules adopted under section 5107.05 of the Revised	78578
Code in order for the failure or refusal to be considered to have	78579
ceased.	78580

(D) After sanctioning an assistance group under division (A)	78581
of this section, a county department of job and family services	78582
shall continue to work with the assistance group.	78583

(E) An adult eligible for medicaid ~~pursuant to division~~	78584
~~(C)(1)(a) of section 5111.01 of the Revised Code~~ who is sanctioned	78585
under division (A)(3) of this section for a failure or refusal,	78586
without good cause, to comply in full with a provision of a	78587
self-sufficiency contract related to work responsibilities under	78588
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	78589
for medicaid unless the adult is otherwise eligible for medicaid	78590
pursuant to ~~another division of section 5111.01 of the Revised~~	78591
~~Code~~an eligibility category other than the category associated	78592
with Title IV-A.	78593

An assistance group that would be participating in Ohio works	78594
first if not for a sanction under this section shall continue to	78595
be eligible for all of the following:	78596

(1) Publicly funded child care in accordance with division	78597
(A)(3) of section 5104.30 of the Revised Code;	78598

(2) Support services in accordance with section 5107.66 of	78599
the Revised Code;	78600

(3) To the extent permitted by the "Fair Labor Standards Act	78601
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	78602
in work activities, developmental activities, and alternative work	78603
activities in accordance with sections 5107.40 to 5107.69 of the	78604
Revised Code.	78605

Sec. 5107.20. As used in this section, "support" means child	78606
support, spousal support, and support for a spouse or a former	78607
spouse.	78608

Participation in Ohio works first constitutes an assignment	78609
to the department of job and family services of any rights members	78610
of an assistance group have to support from any other person,	78611
~~excluding medical support assigned pursuant to section 5101.59 of~~	78612
~~the Revised Code~~. The rights to support assigned to the department	78613
pursuant to this section constitute an obligation of the person	78614
who is responsible for providing the support to the state for the	78615
amount of cash assistance provided to the assistance group.	78616

The office of child support in the department of job and	78617
family services shall collect and distribute support payments owed	78618
to Ohio works first participants, whether assigned to the	78619
department or unassigned, in accordance with 42 U.S.C. 654 B and	78620
657 and regulations adopted under those statutes, state statutes,	78621
and rules adopted under section 5107.05 of the Revised Code.	78622

Upon implementation of centralized collection and	78623
disbursement under Chapter 3121. of the Revised Code, in	78624
accordance with 42 U.S.C. 654 B and 657 and regulations adopted	78625
under those statutes, the department shall deposit support	78626
payments it receives pursuant to this section into the state	78627
treasury to the credit of the child support collections fund or	78628
the child support administrative fund, both of which are hereby	78629
created. Money credited to the funds shall be used to make cash	78630
assistance payments under Ohio works first.	78631

Sec. 5107.24. (A) As used in this section:

78632

(1) "Adult-supervised living arrangement" means a family	78633
setting approved, licensed, or certified by the department of job	78634
and family services, the department of ~~mental health~~mental health	78635
and addiction services, the department of developmental	78636
disabilities, the department of youth services, a public children	78637
services agency, a private child placing agency, or a private	78638
noncustodial agency that is maintained by a person age eighteen or	78639
older who assumes responsibility for the care and control of a	78640
minor parent, pregnant minor, or child of a minor parent or	78641
provides the minor parent, pregnant minor, or child of a minor	78642
parent supportive services, including counseling, guidance, and	78643
supervision. "Adult-supervised living arrangement" does not mean a	78644
public institution.	78645

(2) "Child of a minor parent" means a child born to a minor	78646
parent, except that the child ceases to be considered a child of	78647
minor parent when the minor parent attains age eighteen.	78648

(3) "Minor parent" means a parent who is under age eighteen	78649
and is not married.	78650

(4) "Pregnant minor" means a pregnant person who is under age	78651
eighteen and not married.	78652

(B)(1) Except as provided in division (B)(2) of this section	78653
and to the extent permitted by Title IV-A and federal regulations	78654
adopted under Title IV-A, a pregnant minor, minor parent, or child	78655
of a minor parent must reside in a place of residence maintained	78656
by a parent, guardian, custodian, or specified relative of the	78657
pregnant minor or minor parent as the parent's, guardian's,	78658
custodian's, or specified relative's own home to be eligible to	78659
participate in Ohio works first.	78660

(2) To the extent permitted by Title IV-A and federal	78661
regulations adopted under it, a pregnant minor, minor parent, or	78662
child of a minor parent is exempt from the requirement of division	78663
(B)(1) of this section if any of the following apply:	78664

(a) The minor parent or pregnant minor does not have a	78665
parent, guardian, custodian, or specified relative living or whose	78666
whereabouts are known.	78667

(b) No parent, guardian, custodian, or specified relative of	78668
the minor parent or pregnant minor will allow the pregnant minor,	78669
minor parent, or minor parent's child to live in the parent's,	78670
guardian's, custodian's, or specified relative's home.	78671

(c) The department of job and family services, a county	78672
department of job and family services, or a public children	78673
services agency determines that the physical or emotional health	78674
or safety of the pregnant minor, minor parent, or minor parent's	78675
child would be in jeopardy if the pregnant minor, minor parent, or	78676
minor parent's child lived in the same home as the parent,	78677
guardian, custodian, or specified relative.	78678

(d) The department of job and family services, a county	78679
department of job and family services, or a public children	78680
services agency otherwise determines that it is in the best	78681
interest of the pregnant minor, minor parent, or minor parent's	78682
child to waive the requirement of division (B)(1) of this section.	78683

(C) A pregnant minor, minor parent, or child of a minor	78684
parent exempt from the requirement of division (B)(1) of this	78685
section must reside in an adult-supervised living arrangement to	78686
be eligible to participate in Ohio works first.	78687

(D) The department of job and family services, whenever	78688
possible and to the extent permitted by Title IV-A and federal	78689
regulations adopted under it, shall provide cash assistance under	78690
Ohio works first to the parent, guardian, custodian, or specified	78691
relative of a pregnant minor or minor parent on behalf of the	78692
pregnant minor, minor parent, or minor parent's child.	78693

Sec. 5107.26. (A) As used in this section:

78694

~~(1) "Transitional~~, "transitional child care" means publicly	78695
funded child care provided under division (A)(3) of section	78696
5104.34 of the Revised Code.	78697

~~(2) "Transitional medicaid" means the medical assistance~~	78698
~~provided under section 5111.0115 of the Revised Code.~~	78699

(B) Except as provided in division (C) of this section~~, each~~:

78700

(1) Each member of an assistance group participating in Ohio	78701
works first is ineligible to participate in the program for six	78702
payment months if a county department of job and family services	78703
determines that a member of the assistance group terminated the	78704
member's employment ~~and each~~.	78705

(2) Each person who, on the day prior to the day a recipient	78706
begins to receive transitional child care ~~or transitional~~	78707
~~medicaid~~, was a member of the recipient's assistance group is	78708
ineligible to participate in Ohio works first for six payment	78709
months if a county department determines that the recipient	78710
terminated the recipient's employment.	78711

(C) No assistance group member shall lose or be denied	78712
eligibility to participate in Ohio works first pursuant to	78713
division (B) of this section if the termination of employment was	78714
because an assistance group member or recipient of transitional	78715
child care ~~or transitional medicaid~~ secured comparable or better	78716
employment or the county department of job and family services	78717
certifies that the member or recipient terminated the employment	78718
with just cause.	78719

Just cause includes the following:

78720

(1) Discrimination by an employer based on age, race, sex,	78721
color, handicap, religious beliefs, or national origin;	78722

(2) Work demands or conditions that render continued	78723
employment unreasonable, such as working without being paid on	78724
schedule;	78725

(3) Employment that has become unsuitable due to any of the	78726
following:	78727

(a) The wage is less than the federal minimum wage;

78728

(b) The work is at a site subject to a strike or lockout,	78729
unless the strike has been enjoined under section 208 of the	78730
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	78731
178, as amended, an injunction has been issued under section 10 of	78732
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	78733
amended, or an injunction has been issued under section 4117.16 of	78734
the Revised Code;	78735

(c) The documented degree of risk to the member or	78736
recipient's health and safety is unreasonable;	78737

(d) The member or recipient is physically or mentally unfit	78738
to perform the employment, as documented by medical evidence or by	78739
reliable information from other sources.	78740

(4) Documented illness of the member or recipient or of	78741
another assistance group member of the member or recipient	78742
requiring the presence of the member or recipient;	78743

(5) A documented household emergency;

78744

(6) Lack of adequate child care for children of the member or	78745
recipient who are under six years of age.	78746

Sec. 5107.42. (A) Except as provided in divisions (B) and	78747
(C) of this section, county departments of job and family services	78748
shall assign each minor head of household and adult participating	78749
in Ohio works first, other than a minor head of household	78750
participating in the LEAP program, to one or more work activities	78751
and developmental activities.	78752

If a county department assigns a minor head of household or	78753
adult to the work activity established under division (H) of	78754
section 5107.60 of the Revised Code, the county department shall	78755
make reasonable efforts to assign the minor head of household or	78756
adult to at least one other work activity at the same time. If a	78757
county department assigns a minor head of household or adult to	78758
the work activity established under section 5107.58 of the Revised	78759
Code, the county department shall assign the minor head of	78760
household or adult to at least one other work activity at the same	78761
time.	78762

A county department may not assign a minor head of household	78763
or adult to a work activity established under division (D) of	78764
section 5107.60 of the Revised Code for more than twelve months.	78765

(B) If a county department determines that a minor head of	78766
household or adult has a temporary or permanent barrier to	78767
participation in a work activity, it may assign the minor head of	78768
household or adult to one or more alternative work activities	78769
instead of assigning the minor head of household or adult to one	78770
or more work activities or developmental activities. A county	78771
department may not assign more than twenty per cent of minor heads	78772
of household and adults participating in Ohio works first to an	78773
alternative work activity.	78774

County departments shall establish standards for determining	78775
whether a minor head of household or adult has a temporary or	78776
permanent barrier to participating in a work activity. The	78777
following are examples of circumstances that a county department	78778
may consider when it develops its standards:	78779

(1) A minor head of household or adult provides the county	78780
department documented evidence that one or more members of the	78781
assistance group have been the victim of domestic violence and are	78782
in imminent danger of suffering continued domestic violence;	78783

(2) A minor head of household or adult is actively	78784
participating in ~~an alcohol or drug~~a community addiction ~~program~~	78785
services provider certified by the department of ~~alcohol and drug~~	78786
~~addiction services~~mental health and addiction services under	78787
section ~~3793.06~~5119.36 of the Revised Code;	78788

(3) An assistance group is homeless.

78789

(C) A county department may exempt a minor head of household	78790
or adult who is unmarried and caring for a minor child under	78791
twelve months of age from the work requirements of sections	78792
5107.40 to 5107.69 of the Revised Code for not more than twelve	78793
months. While exempt, the minor head of household or adult shall	78794
be disregarded in determining whether the county department is	78795
meeting the requirement of section 5107.44 of the Revised Code.	78796
The county department shall assign the exempt minor head of	78797
household or adult to at least one developmental activity for a	78798
number of hours a week the county department determines. The	78799
county department may assign the exempt minor head of household or	78800
adult to one or more work activities, in addition to developmental	78801
activities, for a number of hours the county department	78802
determines. Division (B) of section 5107.43 of the Revised Code	78803
does not apply to the exempt minor head of household or adult.	78804

(D) A county department may reassign a minor head of	78805
household or adult when the county department determines	78806
reassignment will aid the assistance group in achieving self	78807
sufficiency and personal responsibility and shall make	78808
reassignments when circumstances requiring reassignment occur,	78809
including when a temporary barrier to participating in a work	78810
activity is eliminated.	78811

A county department shall include assignments in the	78812
self-sufficiency contract entered into under section 5107.14 of	78813
the Revised Code and shall amend the contract when a reassignment	78814
is made to include the reassignment in the contract.	78815

Sec. 5107.64. County departments of job and family services	78816
shall establish and administer alternative work activities for	78817
minor heads of households and adults participating in Ohio works	78818
first. In establishing alternative work activities, county	78819
departments are not limited by the restrictions Title IV-A imposes	78820
on work activities. The following are examples of alternative work	78821
activities that a county department may establish:	78822

(A) Parenting classes and life-skills training;

78823

(B) Participation in ~~an alcohol or drug~~a community addiction	78824
~~program~~services provider certified by the department of ~~alcohol~~	78825
~~and drug addiction services~~mental health and addiction services	78826
under section ~~3793.06~~5119.36 of the Revised Code;	78827

(C) In the case of a homeless assistance group, finding a	78828
home;	78829

(D) In the case of a minor head of household or adult with a	78830
disability, active work in an individual written rehabilitation	78831
plan with the rehabilitation services commission;	78832

(E) In the case of a minor head of household or adult who has	78833
been the victim of domestic violence, residing in a domestic	78834
violence shelter, receiving counseling or treatment related to the	78835
domestic violence, or participating in criminal justice activities	78836
against the domestic violence offender;	78837

(F) An education program under which a participant who does	78838
not speak English attends English as a second language course.	78839

Sec. 5115.20. (A) The department of job and family services	78840
shall establish a disability advocacy program and each county	78841
department of job and family services shall establish a disability	78842
advocacy program unit or join with other county departments of job	78843
and family services to establish a joint county disability	78844
advocacy program unit. Through the program the department and	78845
county departments shall cooperate in efforts to assist applicants	78846
for and recipients of assistance under the disability financial	78847
assistance program, who might be eligible for supplemental	78848
security income benefits under Title XVI of the "Social Security	78849
Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as amended, in	78850
applying for those benefits.	78851

As part of their disability advocacy programs, the state	78852
department and county departments may enter into contracts for the	78853
services of persons and government entities that in the judgment	78854
of the department or county department have demonstrated expertise	78855
in representing persons seeking supplemental security income	78856
benefits. Each contract shall require the person or entity with	78857
which a department contracts to assess each person referred to it	78858
by the department to determine whether the person appears to be	78859
eligible for supplemental security income benefits, and, if the	78860
person appears to be eligible, assist the person in applying and	78861
represent the person in any proceeding of the social security	78862
administration, including any appeal or reconsideration of a	78863
denial of benefits. The department or county department shall	78864
provide to the person or entity with which it contracts all	78865
records in its possession relevant to the application for	78866
supplemental security income benefits. The department shall	78867
require a county department with relevant records to submit them	78868
to the person or entity.	78869

(B) Each applicant for or recipient of disability financial	78870
assistance who, in the judgment of the department of job and	78871
family services or a county department of job and family services	78872
might be eligible for supplemental security benefits, shall, as a	78873
condition of eligibility for assistance, apply for such benefits	78874
if directed to do so by the department or county department.	78875

(C) With regard to applicants for and recipients of	78876
disability financial assistance, each county department of job and	78877
family services shall do all of the following:	78878

(1) Identify applicants and recipients who might be eligible	78879
for supplemental security income benefits;	78880

(2) Assist applicants and recipients in securing	78881
documentation of disabling conditions or refer them for such	78882
assistance to a person or government entity with which the	78883
department of job and family services or county department has	78884
contracted under division (A) of this section;	78885

(3) Inform applicants and recipients of available sources of	78886
representation, which may include a person or government entity	78887
with which the department or county department has contracted	78888
under division (A) of this section, and of their right to	78889
represent themselves in reconsiderations and appeals of social	78890
security administration decisions that deny them supplemental	78891
security income benefits. The county department may require the	78892
applicants and recipients, as a condition of eligibility for	78893
assistance, to pursue reconsiderations and appeals of social	78894
security administration decisions that deny them supplemental	78895
security income benefits, and shall assist applicants and	78896
recipients as necessary to obtain such benefits or refer them to a	78897
person or government entity with which the department or county	78898
department has contracted under division (A) of this section.	78899

(4) Require applicants and recipients who, in the judgment of	78900
the county department, are or may be aged, blind, or disabled, to	78901
apply for ~~medical assistance under Chapter 5111. of the Revised~~	78902
~~Code~~the medicaid program, make determinations when appropriate as	78903
to eligibility for ~~medical assistance~~medicaid, and refer their	78904
applications when necessary to the disability determination unit	78905
established in accordance with division (F) of this section for	78906
expedited review;	78907

(5) Require each applicant and recipient who in the judgment	78908
of the department or the county department might be eligible for	78909
supplemental security income benefits, as a condition of	78910
eligibility for disability financial assistance, to execute a	78911
written authorization for the secretary of health and human	78912
services to withhold benefits due that individual and pay to the	78913
director of job and family services or the director's designee an	78914
amount sufficient to reimburse the state and county shares of	78915
interim assistance furnished to the individual. For the purposes	78916
of division (C)(5) of this section, "benefits" and "interim	78917
assistance" have the meanings given in Title XVI of the "Social	78918
Security Act."	78919

(D) The director of job and family services shall adopt rules	78920
in accordance with section 111.15 of the Revised Code for the	78921
effective administration of the disability advocacy program. The	78922
rules shall include all of the following:	78923

(1) Methods to be used in collecting information from and	78924
disseminating it to county departments, including the following:	78925

(a) The number of individuals in the county who are disabled	78926
recipients of disability financial assistance;	78927

(b) The final decision made either by the social security	78928
administration or by a court for each application or	78929
reconsideration in which an individual was assisted pursuant to	78930
this section.	78931

(2) The type and process of training to be provided by the	78932
department of job and family services to the employees of the	78933
county department of job and family services who perform duties	78934
under this section;	78935

(3) Requirements for the written authorization required by	78936
division (C)(5) of this section.	78937

(E) The department of job and family services shall provide	78938
basic and continuing training to employees of the county	78939
department of job and family services who perform duties under	78940
this section. Training shall include but not be limited to all	78941
processes necessary to obtain federal disability benefits, and	78942
methods of advocacy.	78943

(F) The department of medicaid shall establish a disability	78944
determination unit and develop guidelines for expediting reviews	78945
of applications for ~~medical assistance under Chapter 5111. of the~~	78946
~~Revised Code~~the medicaid program for persons who have been	78947
referred to the unit under division (C)(4) of this section. The	78948
department of medicaid shall make determinations of eligibility	78949
for ~~medical assistance~~medicaid for any such person within the	78950
time prescribed by federal regulations.	78951

(G) The department of job and family services may, under	78952
rules the director of job and family services adopts in accordance	78953
with section 111.15 of the Revised Code, pay a portion of the	78954
federal reimbursement described in division (C)(5) of this section	78955
to persons or government entities that assist or represent	78956
assistance recipients in reconsiderations and appeals of social	78957
security administration decisions denying them supplemental	78958
security income benefits.	78959

(H) The director of job and family services shall conduct	78960
investigations to determine whether disability advocacy programs	78961
are being administered in compliance with the Revised Code and the	78962
rules adopted by the director pursuant to this section.	78963

Sec. 5117.10. (A) On or before the fifteenth day of January,	78964
the director of development shall pay each applicant determined	78965
eligible for a payment under divisions (A) and (B) of section	78966
5117.07 of the Revised Code one hundred twenty-five dollars.	78967

(B) The director may withhold from any payment to which a	78968
person would otherwise be entitled under division (A) of this	78969
section any amount that the director determines was erroneously	78970
received by such person in a preceding year under this or the	78971
program established under Am. Sub. H.B. 230, as amended by Am.	78972
H.B. 937, Am. Sub. H.B. 1073, Am. Sub. S.B. 493, and Am. Sub. S.B.	78973
523 of the 112th general assembly, provided the director has	78974
employed all other legal methods reasonably available to obtain	78975
reimbursement for the erroneous payment or credit prior to the	78976
commencement of the current program year.	78977

(C) Payments made under this section and credits granted	78978
under section 5117.09 of the Revised Code shall not be considered	78979
income for the purpose of determining eligibility or the level of	78980
benefits or assistance under section 329.042 or Chapters 5107.,	78981
~~5111.,~~ and 5115. of the Revised Code; the medicaid program;	78982
supplemental security income payments under Title XVI of the	78983
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	78984
amended; or any other program under which eligibility or the level	78985
of benefits or assistance is based upon need measured by income.	78986

~~Sec. 3793.01.~~ Sec. 5119.01. (A) As used in this chapter:

78987

(1) "Addiction" means the chronic and habitual use of	78988
alcoholic beverages, the use of a drug of abuse as defined in	78989
section 3719.011 of the Revised Code, or the use of gambling by an	78990
individual to the extent that the individual no longer can control	78991
the individual's use of alcohol, the individual becomes physically	78992
or psychologically dependent on the drug, the individual's use of	78993
alcohol or drugs endangers the health, safety, or welfare of the	78994
individual or others, or the individual's gambling causes	78995
psychological, financial, emotional, marital, legal, or other	78996
difficulties endangering the health, safety, or welfare of the	78997
individual or others.	78998

(2) "Addiction services" means services, including	78999
intervention, for the treatment of persons with alcohol, drug, or	79000
gambling addictions, and for the prevention of such addictions.	79001

(3) "Alcohol and drug addiction services" means services,	79002
including intervention, for the treatment of alcoholics or persons	79003
who abuse drugs of abuse and for the prevention of alcoholism and	79004
drug addiction.	79005

(4) "Alcoholic" means a person suffering from alcoholism.

79006

(5) "Alcoholism" means the chronic and habitual use of	79007
alcoholic beverages by an individual to the extent that the	79008
individual no longer can control the individual's use of alcohol	79009
or endangers the health, safety, or welfare of the individual or	79010
others.	79011

~~(2) "Alcoholic" means a person suffering from alcoholism.~~

79012

~~(3)~~(6) "Community addiction services provider" means an	79013
agency, association, corporation, individual, or program that	79014
provides community alcohol, drug addiction, or gambling addiction	79015
services that are certified by the department of mental health and	79016
addiction services under section 5119.36 of the Revised Code.	79017

(7) "Community mental health services provider" means an	79018
agency, association, corporation, individual, or program that	79019
provides community mental health services that are certified by	79020
the department of mental health and addiction services under	79021
section 5119.36 of the Revised Code.	79022

(8) "Drug addiction" means the use of a drug of abuse, as	79023
defined in section 3719.011 of the Revised Code, by an individual	79024
to the extent that the individual becomes physically or	79025
psychologically dependent on the drug or endangers the health,	79026
safety, or welfare of the individual or others.	79027

~~(4) "Alcohol and drug addiction services" means services,~~	79028
~~including intervention, for the treatment of alcoholics or persons~~	79029
~~who abuse drugs of abuse and for the prevention of alcoholism and~~	79030
~~drug addiction.~~	79031

~~(5) "Alcohol and drug addiction program" means a program that~~	79032
~~provides alcohol or drug addiction services and includes a~~	79033
~~facility or entity that operates such a program.~~	79034

~~(6)~~(9) "Gambling addiction" means the use of gambling by an	79035
individual to the extent that it causes psychological, financial,	79036
emotional, marital, legal, or other difficulties endangering the	79037
health, safety, or welfare of the individual or others.	79038

~~(7)~~(10) "Gambling addiction services" means services for the	79039
treatment of persons who have a gambling addiction and for the	79040
prevention of gambling addiction.	79041

(11) "Hospital" means a hospital or inpatient unit licensed	79042
by the department of mental health and addiction services under	79043
section 5119.33 of the Revised Code, and any institution,	79044
hospital, or other place established, controlled, or supervised by	79045
the department under Chapter 5119. of the Revised Code.	79046

(12) "Mental illness" means a substantial disorder of	79047
thought, mood, perception, orientation, or memory that grossly	79048
impairs judgment, behavior, capacity to recognize reality, or	79049
ability to meet the ordinary demands of life.	79050

(13) "Mental health services" means services for the	79051
assessment, care, or treatment of persons who have a mental	79052
illness as defined in this section.	79053

(14)(a) "Residence" means a person's physical presence in a	79054
county with intent to remain there, except in either of the	79055
following circumstances:	79056

(i) If a person is receiving a mental health service at a	79057
facility that includes nighttime sleeping accommodations,	79058
"residence" means that county in which the person maintained the	79059
person's primary place of residence at the time the person entered	79060
the facility;	79061

(ii) If a person is committed pursuant to section 2945.38,	79062
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	79063
"residence" means the county where the criminal charges were	79064
filed.	79065

(b) When the residence of a person is disputed, the matter of	79066
residence shall be referred to the department of mental health and	79067
addiction services for investigation and determination. Residence	79068
shall not be a basis for a board of alcohol, drug addiction, and	79069
mental health services to deny services to any person present in	79070
the board's service district, and the board shall provide services	79071
for a person whose residence is in dispute while residence is	79072
being determined and for a person in an emergency situation.	79073

(B) Any reference in this chapter to a board of alcohol, drug	79074
addiction, and mental health services also refers to an alcohol	79075
and drug addiction services board or a community mental health	79076
board in a service district in which an alcohol and drug addiction	79077
services board or a community mental health board has been	79078
established under section 340.021 or former section 340.02 of the	79079
Revised Code.	79080

Sec. 5119.04. The department of ~~mental health~~mental health	79081
and addiction services and any institutions under its supervision	79082
or jurisdiction shall, where applicable, be in substantial	79083
compliance with standards set forth for psychiatric facilities by	79084
the joint commission ~~on accreditation of healthcare organizations~~	79085
or medical assistance standards under Title XIX of the "Social	79086
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or	79087
other applicable standards~~, except that the department and any~~	79088
~~institution under its supervision or jurisdiction shall be in~~	79089
~~substantial compliance with standards for physical facilities and~~	79090
~~equipment by July 1, 1989. The requirements of this section do not~~	79091
~~apply to any facility designated by the director of mental health~~	79092
~~for use as a psychiatric rehabilitation center~~.	79093

The requirements of this section are in addition to any other	79094
requirements established by the Revised Code and nothing in this	79095
section shall be construed to limit any rights, privileges,	79096
protections, or immunities which may exist under the constitution	79097
and laws of the United States or this state.	79098

~~Sec. 5119.27.~~ Sec. 5119.05. Subject to the rules of the director	79099
of ~~mental health~~mental health and addiction services, each	79100
institution under the jurisdiction of the department shall be	79101
under the management and control of a managing officer to be known	79102
as a ~~superintendent~~chief executive officer or by another	79103
appropriate title. Such managing officer shall be appointed by the	79104
director of ~~mental health~~mental health and addiction services,	79105
and shall be in the unclassified service and serve at the pleasure	79106
of the director. Each managing officer shall be of good moral	79107
character and have skill, ability, and experience in ~~his~~the	79108
managing officer's profession. ~~Appointment to this position may be~~	79109
~~made from persons holding positions in the classified service in~~	79110
~~the department.~~	79111

The managing officer, under the director, shall ~~have entire~~	79112
~~executive charge~~serve as the appointing authority of the	79113
institution ~~for~~to which such managing officer is appointed.	79114
Subject to civil service rules, the managing officer shall have	79115
the power to appoint ~~the necessary~~and remove employees ~~and he or~~	79116
~~the director may remove such employees for cause~~of the	79117
institution. On behalf of the institution, the managing officer	79118
has the authority and responsibility for entering into contracts	79119
and other agreements for the efficient operations of the	79120
institution.	79121

~~Sec. 5119.44.~~ Sec. 5119.051. The department of ~~mental health~~	79122
mental health and addiction services shall keep in its office a	79123
proper and complete set of books and accounts with each	79124
institution, which shall clearly show the nature and amount of	79125
every expenditure authorized and made at such institution, and	79126
which shall contain an account of all appropriations made by the	79127
general assembly and of all other funds, together with the	79128
disposition of such funds.	79129

The department shall prescribe the form of vouchers, records,	79130
and methods of keeping accounts at each of the institutions, which	79131
shall be as nearly uniform as possible. The department may examine	79132
the records of each institution at any time.	79133

The department may authorize any of its ~~bookeepers~~	79134
bookkeepers, accountants, or employees to examine and check the	79135
records, accounts, and vouchers or take an inventory of the	79136
property of any institution, or do whatever is necessary, and pay	79137
the actual and reasonable expenses incurred in such service when	79138
an itemized account is filed and approved.	79139

~~Sec. 5119.43.~~ Sec. 5119.06. The department of ~~mental health~~mental	79140
health and addiction services shall keep in its office, accessible	79141
only to its employees, except by the consent of the department or	79142
the order of the judge of a court of record, a record showing the	79143
name, residence, sex, age, nativity, occupation, condition, and	79144
date of entrance or commitment of every patient in the	79145
institutions governed by it, the date, cause, and terms of	79146
discharge and the condition of such person at the time of leaving,	79147
and also a record of all transfers from one institution to	79148
another, and, if such person dies while in the care or custody of	79149
the department, the date and cause of death. These and such other	79150
facts as the department requires shall be furnished by the	79151
managing officer of each institution within twenty-four hours	79152
after the commitment, entrance, death, or discharge of a patient.	79153

In case of an accident or injury or peculiar death of a	79154
patient the managing officer shall make a special report to the	79155
department within twenty-four hours thereafter, giving the	79156
circumstances as fully as possible.	79157

~~Sec. 5119.42.~~ Sec. 5119.07. A person, firm, or corporation may	79158
file a petition in the court of common pleas of the county in	79159
which a benevolent institution of the department of mental health	79160
and addiction services is located, in which petition the desire to	79161
erect or carry on at a less distance than that prescribed in	79162
section 3767.19 of the Revised Code shall be set forth, the	79163
business prohibited, the precise point of its establishment, and	79164
the reasons and circumstances, in its opinion, why the erection or	79165
carrying on ~~thereof~~of the business would not annoy or endanger	79166
the health, convenience, or recovery of the patients of such	79167
institution. The petitioner shall give notice in a newspaper of	79168
general circulation in the county of the pendency and prayer of	79169
the petition for at least six consecutive weeks before the day set	79170
for hearing the petition and serve a written notice upon the	79171
~~superintendent~~managing officer of the institution at least thirty	79172
days before the day set for hearing the petition.	79173

If, upon the hearing of the petition, it appears that the	79174
notice has been given as required and the court is of the opinion	79175
that no good reason exists why such establishment may not be	79176
erected or such business carried on and that by the erection or	79177
carrying on ~~thereof~~of the business at the point named, the	79178
institution will sustain no detriment, the court may issue an	79179
order granting the prayer of the petitioner. Thereafter the	79180
petitioner may locate such establishment or carry on such business	79181
at the point named in the petition.	79182

~~Sec. 5119.14.~~ Sec. 5119.08. (A) As used in this section, "felony"	79183
has the same meaning as in section 109.511 of the Revised Code.	79184

(B)(1) Subject to division (C) of this section, upon the	79185
recommendation of the director of ~~mental health~~mental health and	79186
addiction services, the managing officer of an institution under	79187
the jurisdiction of the department of ~~mental health~~mental health	79188
and addiction services may designate one or more employees to be	79189
special police officers of the department. The special police	79190
officers shall take an oath of office, wear the badge of office,	79191
and give bond for the proper and faithful discharge of their	79192
duties in an amount that the director requires.	79193

(2) In accordance with section 109.77 of the Revised Code,	79194
the special police officers shall be required to complete	79195
successfully a peace officer basic training program approved by	79196
the Ohio peace officer training commission and to be certified by	79197
the commission. The cost of the training shall be paid by the	79198
department of ~~mental health~~mental health and addiction services.	79199

(3) Special police officers, on the premises of institutions	79200
under the jurisdiction of the department of ~~mental health~~mental	79201
health and addiction services and subject to the rules of the	79202
department, shall protect the property of the institutions and the	79203
persons and property of patients in the institutions, suppress	79204
riots, disturbances, and breaches of the peace, and enforce the	79205
laws of the state and the rules of the department for the	79206
preservation of good order. They may arrest any person without a	79207
warrant and detain the person until a warrant can be obtained	79208
under the circumstances described in division (F) of section	79209
2935.03 of the Revised Code.	79210

(C)(1) The managing officer of an institution under the	79211
jurisdiction of the department of ~~mental health~~mental health and	79212
addiction services shall not designate an employee as a special	79213
police officer of the department pursuant to division (B)(1) of	79214
this section on a permanent basis, on a temporary basis, for a	79215
probationary term, or on other than a permanent basis if the	79216
employee previously has been convicted of or has pleaded guilty to	79217
a felony.	79218

(2)(a) The managing officer of an institution under the	79219
jurisdiction of the department of ~~mental health~~mental health and	79220
addiction services shall terminate the employment as a special	79221
police officer of the department of an employee designated as a	79222
special police officer under division (B)(1) of this section if	79223
that employee does either of the following:	79224

(i) Pleads guilty to a felony;

79225

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	79226
plea agreement as provided in division (D) of section 2929.43 of	79227
the Revised Code in which the employee agrees to surrender the	79228
certificate awarded to that employee under section 109.77 of the	79229
Revised Code.	79230

(b) The managing officer shall suspend from employment as a	79231
special police officer of the department an employee designated as	79232
a special police officer under division (B)(1) of this section if	79233
that employee is convicted, after trial, of a felony. If the	79234
special police officer files an appeal from that conviction and	79235
the conviction is upheld by the highest court to which the appeal	79236
is taken or if the special police officer does not file a timely	79237
appeal, the managing officer shall terminate the employment of	79238
that special police officer. If the special police officer files	79239
an appeal that results in that special police officer's acquittal	79240
of the felony or conviction of a misdemeanor, or in the dismissal	79241
of the felony charge against that special police officer, the	79242
managing officer shall reinstate that special police officer. A	79243
special police officer of the department who is reinstated under	79244
division (C)(2)(b) of this section shall not receive any back pay	79245
unless that special police officer's conviction of the felony was	79246
reversed on appeal, or the felony charge was dismissed, because	79247
the court found insufficient evidence to convict the special	79248
police officer of the felony.	79249

(3) Division (C) of this section does not apply regarding an	79250
offense that was committed prior to January 1, 1997.	79251

(4) The suspension from employment, or the termination of the	79252
employment, of a special police officer under division (C)(2) of	79253
this section shall be in accordance with ~~Chapter 119. of the~~	79254
~~Revised Code~~applicable collective bargaining agreements.	79255

~~Sec. 5119.30.~~ Sec. 5119.09. The attorney general shall attend to	79256
all ~~suits~~claims instituted on behalf of or against the department	79257
of mental health and addiction services or any institution under	79258
the jurisdiction of the department ~~of mental health~~ and the	79259
managing officer thereof, except such institutions as are	79260
privately owned or operated under a license from the department of	79261
~~mental health~~mental health and addiction services, and shall	79262
represent the public hospital in proceedings under section 5122.15	79263
of the Revised Code. The department of ~~mental health~~mental health	79264
and addiction services shall reimburse the attorney general for	79265
the compensation of assistant attorneys general required to	79266
represent the public hospital in proceedings under section 5122.15	79267
of the Revised code and shall also pay the costs of litigation	79268
incurred by the attorney general under that section.	79269

If a writ of habeas corpus is applied for, the clerk of the	79270
court shall give notice of the time and place of hearing to the	79271
attorney general.	79272

~~Sec. 5119.01.~~ Sec. 5119.10. (A) The director of ~~mental health~~	79273
mental health and addiction services is the chief executive and	79274
~~administrative officer~~appointing authority of the department of	79275
~~mental health~~mental health and addiction services. The director	79276
may organize the department for its efficient operation, including	79277
creating divisions or offices as necessary. The director may	79278
establish procedures for the governance of the department, conduct	79279
of its employees and officers, performance of its business, and	79280
custody, use, and preservation of departmental records, papers,	79281
books, documents, and property. Whenever the Revised Code imposes	79282
a duty upon or requires an action of the department or any of its	79283
institutions, the director or the director's designee shall	79284
perform the action or duty in the name of the department, except	79285
that the medical director appointed pursuant to section ~~5119.07~~	79286
5119.11 of the Revised Code shall be responsible for decisions	79287
relating to medical diagnosis, treatment, rehabilitation, quality	79288
assurance, and the clinical aspects of the following: licensure of	79289
hospitals and residential facilities, research, community	79290
addiction and mental health services plans, and certification and	79291
delivery of mental health and addiction services.	79292

(B) The director shall:

79293

~~(A)~~(1) Adopt rules for the proper execution of the powers and	79294
duties of the department with respect to the institutions under	79295
its control, and require the performance of additional duties by	79296
the officers of the institutions as necessary to fully meet the	79297
requirements, intents, and purposes of this chapter. In case of an	79298
apparent conflict between the powers conferred upon any managing	79299
officer and those conferred by such sections upon the department,	79300
the presumption shall be conclusive in favor of the department.	79301

~~(B)~~(2) Adopt rules for the nonpartisan management of the	79302
institutions under the department's control. An officer or	79303
employee of the department or any officer or employee of any	79304
institution under its control who, by solicitation or otherwise,	79305
exerts influence directly or indirectly to induce any other	79306
officer or employee of the department or any of its institutions	79307
to adopt the exerting officer's or employee's political views or	79308
to favor any particular person, issue, or candidate for office	79309
shall be removed from the exerting officer's or employee's office	79310
or position, by the department in case of an officer or employee,	79311
and by the governor in case of the director.	79312

~~(C)~~(3) Appoint such employees, including the medical	79313
director, as are necessary for the efficient conduct of the	79314
department, and prescribe their titles and duties;	79315

~~(D)~~(4) Prescribe the forms of affidavits, applications,	79316
medical certificates, orders of hospitalization and release, and	79317
all other forms, reports, and records that are required in the	79318
hospitalization or admission and release of all persons to the	79319
institutions under the control of the department, or are otherwise	79320
required under this chapter or Chapter 5122. of the Revised Code;	79321

~~(E) Contract with hospitals licensed by the department under~~	79322
~~section 5119.20 of the Revised Code for the care and treatment of~~	79323
~~mentally ill patients, or with persons, organizations, or agencies~~	79324
~~for the custody, evaluation, supervision, care, or treatment of~~	79325
~~mentally ill persons receiving services elsewhere than within the~~	79326
~~enclosure of a hospital operated under section 5119.02 of the~~	79327
~~Revised Code;~~	79328

~~(F)~~(5) Exercise the powers and perform the duties relating to	79329
community addiction and mental health facilities and services that	79330
are assigned to the director under this chapter and Chapter 340.	79331
of the Revised Code;	79332

~~(G)~~(6) Develop and implement clinical evaluation and	79333
monitoring of services that are operated by the department;	79334

~~(H)~~(7) Adopt rules establishing standards for the performance	79335
of evaluations by a forensic center or other psychiatric program	79336
or facility of the mental condition of defendants ordered by the	79337
court under section 2919.271, or 2945.371 of the Revised Code, and	79338
for the treatment of defendants who have been found incompetent to	79339
stand trial and ordered by the court under section 2945.38,	79340
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	79341
treatment in facilities;	79342

~~(I)~~(8) On behalf of the department, have the authority and	79343
responsibility for entering into contracts and other agreements;	79344
with providers, agencies, institutions, and other entities, both	79345
public and private, as necessary for the department to carry out	79346
its duties under this chapter and Chapters 340., 2919., 2945., and	79347
5122. of the Revised Code. Chapter 125. of the Revised Code does	79348
not apply to contracts the director enters into under this section	79349
for services provided to individuals with mental illness by	79350
providers, agencies, institutions, and other entities not owned or	79351
operated by the department.	79352

~~(J) Prepare and publish regularly a state mental health plan~~	79353
~~that describes the department's philosophy, current activities,~~	79354
~~and long-term and short-term goals and activities;~~	79355

~~(K)~~(9) Adopt rules in accordance with Chapter 119. of the	79356
Revised Code specifying the supplemental services that may be	79357
provided through a trust authorized by section 5815.28 of the	79358
Revised Code;	79359

~~(L)~~(10) Adopt rules in accordance with Chapter 119. of the	79360
Revised Code establishing standards for the maintenance and	79361
distribution to a beneficiary of assets of a trust authorized by	79362
section 5815.28 of the Revised Code.	79363

(C) The director may contract with hospitals licensed by the	79364
department under section 5119.33 of the Revised Code for the care	79365
and treatment of mentally ill patients, or with persons,	79366
organizations, or agencies for the custody, evaluation,	79367
supervision, care, or treatment of mentally ill persons receiving	79368
services elsewhere than within the enclosure of a hospital	79369
operated under section 5119.14 of the Revised Code.	79370

~~Sec. 5119.07.~~ Sec. 5119.11. (A) The director of ~~mental health~~	79371
mental health and addiction services shall appoint a medical	79372
director who ~~is a psychiatrist as defined in division (E) of~~	79373
~~section 5122.01 of the Revised Code,~~ is eligible or certified by	79374
the American board of psychiatry and neurology or the American	79375
osteopathic board of neurology and psychiatry, and has at least	79376
five years of clinical and two years of administrative experience.	79377
The medical director shall also have certification or substantial	79378
training and experience in the field of addiction medicine or	79379
addiction psychiatry. The medical director shall be responsible	79380
for decisions relating to medical diagnosis, treatment,	79381
prevention, rehabilitation, quality assurance, and the clinical	79382
aspects of mental health and addiction services involving all of	79383
the following: ~~licensure~~	79384

(1) Licensure of hospitals ~~and~~, residential facilities,	79385
~~research, community mental health~~and outpatient facilities;	79386

(2) Research;

79387

(3) Community addiction and mental health services plans,;

79388

(4) Certification and delivery of mental health and addiction	79389
services. ~~The~~	79390

(B) The medical director shall also exercise clinical	79391
supervision of the chief clinical officers of hospitals and	79392
institutions under the jurisdiction of the department and shall	79393
review and approve decisions relating to the employment of the	79394
chief clinical officers. The medical director or ~~his~~the medical	79395
director's designee shall advise the director on matters relating	79396
to licensure, research, ~~community mental health plans,~~ and the	79397
certification and delivery of mental health and addiction services	79398
and community plans. The medical director shall participate in the	79399
development of guidelines for community addiction and mental	79400
health services plans. The director of ~~mental health~~mental	79401
health and addiction services may establish other duties of the	79402
medical director. ~~The medical director shall participate in the~~	79403
~~development of guidelines for community mental health plans.~~	79404

~~Sec. 5119.02.~~ Sec. 5119.14. (A) The department of ~~mental health~~	79405
mental health and addiction services shall maintain, operate,	79406
manage, and govern state institutions and other services for the	79407
care and treatment of mentally ill persons.	79408

(B)(1) The department of ~~mental health~~mental health and	79409
addiction services may, with the approval of the governor,	79410
designate ~~all~~the name and purpose of any institutions under its	79411
jurisdiction ~~by appropriate respective names, regardless of~~	79412
~~present statutory designation~~and may change, with the approval of	79413
the governor, the designation and name when necessary.	79414

~~(C)~~(2) The department shall divide the state into districts	79415
for the purpose of designating the institution in which mentally	79416
ill persons are hospitalized and may change the districts.	79417

(3) Subject to section 5139.08 and pursuant to Chapter 5122.	79418
of the Revised Code and on the agreement of the departments of	79419
~~mental health~~mental health and addiction services and youth	79420
services, the department of ~~mental health~~mental health and	79421
addiction services may receive from the department of youth	79422
services for psychiatric observation, diagnosis, or treatment any	79423
person eighteen years of age or older in the custody of the	79424
department of youth services. The departments ~~shall~~may enter into	79425
a written agreement specifying the procedures necessary to	79426
implement this division.	79427

~~(D)~~(C) The department of ~~mental health~~mental health and	79428
addiction services shall designate hospitals, facilities, and	79429
community mental health ~~agencies~~services providers for the	79430
custody, care, and special treatment of, and authorize payment for	79431
such custody, care, and special treatment provided to, persons who	79432
are charged with a crime and who are found incompetent to stand	79433
trial or not guilty by reason of insanity.	79434

~~(E)~~(D) The department of ~~mental health~~mental health and	79435
addiction services may do ~~all~~any of the following:	79436

(1) Require reports from the managing officer of any	79437
institution under the department's jurisdiction, relating to the	79438
admission, examination, comprehensive evaluation, diagnosis,	79439
release, or discharge of any patient;	79440

(2) Visit each institution regularly to review its operations	79441
and to investigate complaints made by any patient or by any person	79442
on behalf of a patient, provided these duties may be performed by	79443
a person designated by the director.	79444

~~(F) The department of mental health shall divide the state~~	79445
~~into districts for the purpose of designating the institution in~~	79446
~~which mentally ill persons are hospitalized, and may change the~~	79447
~~districts.~~	79448

~~(G)~~(E) The department of mental health and addiction services	79449
may provide or contract to provide addiction services for	79450
offenders incarcerated in the state prison system.	79451

(F) In addition to the powers expressly conferred, the	79452
department of ~~mental health~~mental health and addiction services	79453
shall have all powers and authority necessary for the full and	79454
efficient exercise of the executive, administrative, and fiscal	79455
supervision over the state institutions described in this section.	79456

~~(H) The department of mental health may provide for the~~	79457
~~custody, supervision, control, treatment, and training of mentally~~	79458
~~ill persons hospitalized elsewhere than within the enclosure of a~~	79459
~~hospital, if the department so determines with respect to any~~	79460
~~individual or group of individuals. In all such cases, the~~	79461
~~department shall ensure adequate and proper supervision for the~~	79462
~~protection of such persons and of the public.~~	79463

~~Sec. 5119.012.~~ Sec. 5119.141. The department of ~~mental health~~	79464
mental health and addiction services has all the authority	79465
necessary to carry out its powers and duties under this chapter	79466
and Chapters 340., 2919., 2945., and 5122. of the Revised Code,	79467
including the authority to adopt rules pursuant to Chapter 119. of	79468
the Revised Code that may be necessary to carry out the purposes	79469
of this chapter and Chapters 340., 2919., 2945., and 5122. of the	79470
Revised Code.	79471

~~Sec. 5119.24.~~ Sec. 5119.15. The department of ~~mental health~~mental	79472
health and addiction services may make such investigations as are	79473
necessary in the performance of its duties and to that end the	79474
director of ~~mental health~~mental health and addiction services	79475
shall have the same power as a judge of a county court to	79476
administer oaths and to enforce the attendance and testimony of	79477
witnesses and the production of books or papers.	79478

The department shall keep a record of such investigations	79479
stating the time, place, charges or subject, witnesses summoned	79480
and examined, and its conclusions.	79481

In matters involving the conduct of an officer, a	79482
stenographic report of the evidence shall be taken and a copy of	79483
such report, with all documents introduced, kept on file at the	79484
office of the department.	79485

The fees of witnesses for attendance and travel shall be the	79486
same as in the court of common pleas, but no officer or employee	79487
of the institution under investigation is entitled to such fees.	79488

Any judge of the probate court or of the court of common	79489
pleas, upon application of the department, may compel the	79490
attendance of witnesses, the production of books or papers, and	79491
the giving of testimony before the department, by a judgment for	79492
contempt or otherwise, in the same manner as in cases before such	79493
courts.	79494

The department of ~~mental health~~mental health and addiction	79495
services may appoint and commission any competent agency or	79496
person, to serve without compensation, as a special agent,	79497
investigator, or representative to perform a designated duty for	79498
the department. Specific credentials shall be given by the	79499
department to each person so designated. Each credential shall	79500
state the:	79501

(A) Name of the agent, investigator, or representative;

79502

(B) Agency with which such person is connected;

79503

79504

(D) Date of expiration of appointment;

79505

(E) Such information as the department considers proper.

79506

~~Sec. 3793.051.~~ Sec. 5119.161. The department of ~~alcohol and drug~~	79507
~~addiction services~~mental health and addiction services, in	79508
conjunction with the department of job and family services, shall	79509
develop a joint state plan to improve the accessibility and	79510
timeliness of alcohol and drug addiction services for individuals	79511
identified by a public children services agency as in need of	79512
those services. The plan shall address the fact that Ohio works	79513
first participants may be among the persons receiving services	79514
under section 340.15 of the Revised Code and shall require the	79515
department of job and family services to seek federal funds	79516
available under Title IV-A of the "Social Security Act," 49 Stat.	79517
620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the	79518
services to Ohio works first participants who are receiving	79519
services under section 340.15 of the Revised Code.	79520

The plan shall address the need and manner for sharing	79521
information and include a request for the general assembly to	79522
appropriate an amount of funds specified in the report to be used	79523
by the departments to pay for services under section 340.15 of the	79524
Revised Code. The departments shall review and amend the plan as	79525
necessary.	79526

Not later than the first day of July of each even-numbered	79527
year, the departments shall submit a report on the progress made	79528
under the joint state plan to the governor, president of the	79529
senate, and speaker of the house of representatives. The report	79530
shall include information on treatment capacity, needs	79531
assessments, and number of individuals who received services	79532
pursuant to section 340.15 of the Revised Code.	79533

~~Sec. 3793.15.~~ Sec. 5119.17. (A) The department of ~~alcohol and drug~~	79534
~~addiction services~~mental health and addiction services, in	79535
accordance with division (B) of this section, shall give priority	79536
to developing, and promptly shall develop, with available public	79537
and private resources a program that does all of the following:	79538

(1) Provides a manner of identifying the aggregate number of	79539
pregnant women in this state who are addicted to a drug of abuse;	79540

(2) Provides for an effective means of intervention to	79541
eliminate the addiction of pregnant women to drugs of abuse prior	79542
to the birth of their children;	79543

(3) Provides for the continued monitoring of women who were	79544
addicted to a drug of abuse during their pregnancies, after the	79545
birth of their children, and for the availability of treatment and	79546
rehabilitation for those women;	79547

(4) Provides a manner of determining the aggregate number of	79548
children who are born in this state to women who are addicted, at	79549
the time of birth, to a drug of abuse, and of children who are	79550
born in this state with an addiction to or a dependency on a drug	79551
of abuse;	79552

(5) Provides for the continued monitoring of children who are	79553
born in this state to women who are addicted, at the time of	79554
birth, to a drug of abuse, or who are born in this state with an	79555
addiction to or dependency on a drug of abuse, after their birth;	79556

(6) Provides for the treatment and rehabilitation of any	79557
child who is born to a woman who is addicted, at the time of	79558
birth, to a drug of abuse, and of any child who is born with an	79559
addiction to or dependency on a drug of abuse.	79560

(B) In developing the program described in division (A) of	79561
this section, the department may obtain information from the	79562
department of health and the department of job and family	79563
services, and those departments shall cooperate with the	79564
department of ~~alcohol and drug addiction services~~mental health	79565
and addiction services in its development and implementation of	79566
the program.	79567

(C) Immediately upon its development of the program described	79568
in division (A) of this section, the department shall implement	79569
the program.	79570

(D) Any record or information that is obtained or maintained	79571
by the department in connection with the program described in	79572
division (A) of this section and could enable the identification	79573
of any woman or child described in division (A)(1) or (4) of this	79574
section is not a public record subject to inspection or copying	79575
under section 149.43 of the Revised Code.	79576

~~Sec. 5119.071.~~ Sec. 5119.18. An appointing authority may appoint a	79577
person who holds a certified or permanent position in the	79578
classified service within the department of ~~mental health~~mental	79579
health and addiction services to a position in the unclassified	79580
service within the department. A person appointed pursuant to this	79581
section to a position in the unclassified service shall retain the	79582
right to resume the position and status held by the person in the	79583
classified service immediately prior to the person's appointment	79584
to the position in the unclassified service, ~~regardless of the~~	79585
~~number of positions the person held in the unclassified service.~~	79586
~~An employee's right to resume a position in the classified service~~	79587
~~may only be exercised when an appointing authority demotes the~~	79588
~~employee to a pay range lower than the employee's current pay~~	79589
~~range or revokes the employee's appointment to the unclassified~~	79590
~~service. An employee forfeits the right to resume a position in~~	79591
~~the classified service when the employee is removed from the~~	79592
~~position in the unclassified service due to incompetence,~~	79593
~~inefficiency, dishonesty, drunkenness, immoral conduct,~~	79594
~~insubordination, discourteous treatment of the public, neglect of~~	79595
~~duty, violation of this chapter or Chapter 124. of the Revised~~	79596
~~Code, violation of the rules of the director of administrative~~	79597
~~services or the director of mental health, any other failure of~~	79598
~~good behavior, any other acts of misfeasance, malfeasance, or~~	79599
~~nonfeasance in office, or conviction of a felony. An employee also~~	79600
~~forfeits the right to resume a position in the classified service~~	79601
~~upon transfer to a different agency.~~	79602

~~Reinstatement to a position in the classified service shall~~	79603
~~be to a position substantially equal to that position in the~~	79604
~~classified service held previously, as certified by the director~~	79605
~~of administrative services. If the position the person previously~~	79606
~~held in the classified service has been placed in the unclassified~~	79607
~~service or is otherwise unavailable, the person shall be appointed~~	79608
~~to a position in the classified service within the department that~~	79609
~~the director of administrative services certifies is comparable in~~	79610
~~compensation to the position the person previously held in the~~	79611
~~classified service. Service in the position in the unclassified~~	79612
~~service shall be counted as service in the position in the~~	79613
~~classified service held by the person immediately prior to the~~	79614
~~person's appointment to the position in the unclassified service.~~	79615
~~When a person is reinstated to a position in the classified~~	79616
~~service as provided in this section, the person is entitled to all~~	79617
~~rights, status, and benefits accruing to the position in the~~	79618
~~classified service during the person's time of service in the~~	79619
~~position in the unclassified service~~pursuant to division (D) of	79620
section 124.11 of the Revised Code.	79621

~~Sec. 5119.072.~~ Sec. 5119.181. (A) No appointing officer shall	79622
appoint a person to fill a position in either the classified or	79623
unclassified service of the department of ~~mental health~~mental	79624
health and addiction services if the person has been convicted of	79625
or pleaded guilty to a violation of the following:	79626

(1) Any felony contained in the Revised Code, if the felony	79627
bears a direct and substantial relationship to the position being	79628
filled;	79629

(2) Any crime contained in the Revised Code constituting a	79630
misdemeanor of the first degree on the first offense and a felony	79631
on subsequent offenses, if the crime bears a direct and	79632
substantial relationship to the position being filled;	79633

(3) An existing or former law of this state, any other state,	79634
or the United States, if the law violated is substantially	79635
equivalent to any of the offenses described in division (A)(1) or	79636
(2) of this section.	79637

(B) The director of ~~mental health~~mental health and addiction	79638
services shall adopt rules, in accordance with Chapter 119. of the	79639
Revised Code, to implement this section.	79640

(C) The director or an appointing officer shall request the	79641
bureau of criminal identification and investigation created by	79642
section 109.51 of the Revised Code or, at ~~his~~the director's or	79643
appointing officer's discretion, any other state or federal	79644
agency, to supply ~~him~~the director or appointing officer with a	79645
written report regarding the criminal records of any applicant.	79646
For each investigation undertaken at the department's request	79647
under this section, the department shall pay a reasonable fee to	79648
the bureau or other state or federal agency conducting the	79649
investigation. The amount of the fee shall be determined by the	79650
bureau or other state or federal agency conducting the	79651
investigation and shall be sufficient to cover the costs of	79652
conducting the investigation. The report made by the bureau or	79653
other state or federal agency is not a public record for purposes	79654
of section 149.43 of the Revised Code and shall not be made	79655
available to any person, except the applicant, the director, the	79656
appointing officer or ~~his designee~~the appointing officer's	79657
designees, or any hearing officer involved in a case denying	79658
employment.	79659

(D) As used in this section, "applicant" means a person who	79660
is under final consideration for appointment to a position in the	79661
classified or unclassified service of the department of ~~mental~~	79662
~~health~~mental health and addiction services.	79663

~~Sec. 5119.08.~~ Sec. 5119.182. The department of ~~mental health shall~~	79664
mental health and addiction services may require any of its	79665
employees and each officer and employee of every institution under	79666
its control who may be charged with custody or control of any	79667
money or property belonging to the state or who is required to	79668
give bond, to give a surety company bond, properly conditioned, in	79669
a sum to be fixed by the department which when approved by the	79670
department, shall be filed in the office of the secretary of	79671
state. The cost of such bonds, when approved by the department,	79672
shall be paid from funds available for the department. The bonds	79673
required or authorized by this section may, in the discretion of	79674
the director of ~~mental health~~mental health and addiction	79675
services, be individual, schedule, or blanket bonds.	79676

~~Sec. 5119.10.~~ Sec. 5119.184. The department of ~~mental health~~	79677
mental health and addiction services may provide educational	79678
grants or tuition reimbursements to upgrade the education,	79679
training, and professional achievement of its employees, whenever	79680
it determines that provision of such grants or reimbursements is	79681
essential to the achievement of its goals. The department may	79682
enter into agreements with its employees for the purposes of this	79683
section. The agreements may require, as a condition of each grant	79684
or reimbursement, that the employee continue employment with the	79685
department or with another federal, state, or local public agency	79686
designated by the department for a period of time stated in the	79687
agreement. If an employee does not fulfill the employment	79688
requirement stated in the agreement, the department may take	79689
action to recover the amount of all educational grants or tuition	79690
reimbursements paid to the employee under this section, plus	79691
interest at the rate of ten per cent per year calculated from the	79692
date of payment of each grant or reimbursement.	79693

~~Sec. 5119.101.~~ Sec. 5119.185. (A) As used in this section,	79694
"physician" means an individual authorized under Chapter 4731. of	79695
the Revised Code to practice medicine and surgery or osteopathic	79696
medicine and surgery.	79697

(B) The department of ~~mental health~~mental health and	79698
addiction services may establish a physician recruitment program	79699
under which the department agrees to repay all or part of the	79700
principal and interest of a government or other educational loan	79701
incurred by a physician who agrees to provide services to	79702
inpatients and outpatients of institutions under the department's	79703
administration. To be eligible to participate in the program, a	79704
physician must have attended a school that was, at the time of	79705
attendance, a medical school or osteopathic medical school in this	79706
country accredited by the liason committee on medical education or	79707
the American osteopathic association, or a medical school or	79708
osteopathic medical school located outside this country that was	79709
acknowledged by the world health organization and verified by a	79710
member state of that organization as operating within that state's	79711
jurisdiction.	79712

(C) The department shall enter into a contract with each	79713
physician it recruits under this section. Each contract shall	79714
include at least the following terms:	79715

(1) The physician agrees to provide a specified scope of	79716
medical or osteopathic medical services for a specified number of	79717
hours per week and a specified number of years to patients of one	79718
or more specified institutions administered by the department.	79719

(2) The department agrees to repay all or a specified portion	79720
of the principal and interest of a government or other educational	79721
loan taken by the physician for the following expenses if the	79722
physician meets the service obligation agreed to and the expenses	79723
were incurred while the physician was enrolled in, for up to a	79724
maximum of four years, a school that qualifies the physician to	79725
participate in the program:	79726

(a) Tuition;

79727

(b) Other educational expenses for specific purposes,	79728
including fees, books, and laboratory expenses, in amounts	79729
determined to be reasonable in accordance with rules adopted under	79730
division (D) of this section;	79731

(c) Room and board, in an amount determined to be reasonable	79732
in accordance with rules adopted under division (D) of this	79733
section.	79734

(3) The physician agrees to pay the department a specified	79735
amount, which shall be not less than the amount already paid by	79736
the department pursuant to its agreement, as damages if hethe	79737
physician fails to complete the service obligation agreed to or	79738
fails to comply with other specified terms of the contract. The	79739
contract may vary the amount of damages based on the portion of	79740
the physician's service obligation that remains uncompleted as	79741
determined by the department.	79742

(4) Other terms agreed upon by the parties.

79743

(D) If the department elects to implement the physician	79744
recruitment program, it shall adopt rules in accordance with	79745
Chapter 119. of the Revised Code that establish all of the	79746
following:	79747

(1) Criteria for designating institutions for which	79748
physicians will be recruited;	79749

(2) Criteria for selecting physicians for participation in	79750
the program;	79751

(3) Criteria for determining the portion of a physician's	79752
loan that the department will agree to repay;	79753

(4) Criteria for determining reasonable amounts of the	79754
expenses described in divisions (C)(2)(b) and (c) of this section;	79755

(5) Procedures for monitoring compliance by physicians with	79756
the terms of their contracts;	79757

(6) Any other criteria or procedures necessary to implement	79758
the program.	79759

~~Sec. 5119.11.~~ Sec. 5119.186. (A) The director of ~~mental health~~	79760
mental health and addiction services or the managing officer of an	79761
institution of the department may enter into an agreement with	79762
boards of trustees or boards of directors of one or more	79763
institutions of higher education or hospitals licensed pursuant to	79764
section ~~5119.20~~5119.33 of the Revised Code to establish, manage,	79765
and conduct collaborative training efforts for students enrolled	79766
in courses of studies for occupations or professions ~~which may be~~	79767
~~determined by the director upon the approval of the medical~~	79768
~~director to be in occupations or professions needed to provide~~	79769
~~adequate~~that involve the care and treatment for persons receiving	79770
mental health or addiction services.	79771

(B) Such collaborative training efforts may include but are	79772
not limited to programs in psychiatry, psychology, nursing, social	79773
work, counseling professions, and others considered appropriate by	79774
the director of ~~mental health~~mental health and addiction	79775
services. Any such program shall be approved or accredited by its	79776
respective professional organization or state board having	79777
jurisdiction over the profession.	79778

(1) The department shall require that the following be	79779
provided for in agreements between the department and institutions	79780
of higher education or hospitals licensed pursuant to section	79781
~~5119.20~~5119.33 of the Revised Code:	79782

(a) Establishment of inter-disciplinary committees to advise	79783
persons responsible for training programs. Each committee shall	79784
have representation drawn from the geographical community the	79785
institution of higher education or hospital serves and shall	79786
include representatives of agencies, boards, targeted populations	79787
as determined by the department, racial and ethnic minority	79788
groups, and publicly funded programs;	79789

(b) Funding procedures;

79790

(c) Specific outcomes and accomplishments that are expected	79791
or required of a program under such agreement;	79792

(d) The types of services to be provided under such	79793
agreement.	79794

(2) The department may require that the following be provided	79795
for in agreements between the department and institutions of	79796
higher education or hospitals licensed pursuant to section ~~5119.20~~	79797
5119.33 of the Revised Code:	79798

(a) Special arrangements for individual residents or trainees	79799
to encourage their employment in publicly funded settings upon	79800
completion of their training;	79801

(b) Procedures for the selection of residents or trainees to	79802
promote the admission, retention, and graduation of women,	79803
minorities, and ~~handicapped~~disabled persons;	79804

(c) Cross-cultural training and other subjects considered	79805
necessary to enhance training efforts and the care and treatment	79806
of patients and clients;	79807

(d) Funding of faculty positions oriented toward meeting the	79808
needs of publicly funded programs.	79809

Subject to appropriations by the general assembly, the	79810
director of ~~mental health~~mental health and addiction services has	79811
final approval of the funding of these collaborative training	79812
efforts.	79813

~~Sec. 5119.12.~~ Sec. 5119.187. The courses of study for the	79814
instruction and training of all persons in institutions under the	79815
control of the department of ~~mental health~~mental health and	79816
addiction services shall be subject to the approval of the	79817
superintendent of public instruction.	79818

All teachers employed in institutions under the control of	79819
the department of ~~mental health~~mental health and addiction	79820
services shall possess such educator licenses or have such	79821
qualifications and approval as the superintendent of public	79822
instruction, after consulting with the officers in charge of the	79823
institutions, prescribes for the various types of service in the	79824
institutions.	79825

~~Sec. 3793.16.~~ Sec. 5119.188. (A) As used in this section, "state	79826
correctional institution" has the same meaning as in section	79827
2967.01 of the Revised Code.	79828

(B) The department of ~~alcohol and drug addiction services~~	79829
mental health and addiction services shall develop a program that	79830
is designed to educate and train the employees of each state	79831
correctional institution, the employees of each department of	79832
youth services institution, and other persons associated by	79833
contract or otherwise with each state correctional institution or	79834
each department of youth services institution, who will be	79835
responsible for the conduct of, or otherwise providing treatment	79836
or rehabilitation services pursuant to, a substance abuse	79837
treatment or rehabilitation program offered in the institution to	79838
adult prisoners or juvenile offenders. Upon the development of the	79839
educational and training program, the department of ~~alcohol and~~	79840
~~drug addiction services~~mental health and addiction services	79841
promptly shall commence its implementation. The department of	79842
~~alcohol and drug addiction services~~mental health and addiction	79843
services may charge to the department of rehabilitation and	79844
correction and to the department of youth services a reasonable	79845
annual fee that reflects the expenses incurred by it during the	79846
immediately preceding calendar year in preparing and offering the	79847
educational and training program during that year to the	79848
respective employees and other associated persons described in	79849
this division.	79850

The director of rehabilitation and correction and the	79851
director of youth services shall require the respective employees	79852
and other associated persons described in this division to attend	79853
and successfully complete the educational and training program	79854
developed pursuant to this division as a condition of their	79855
continuing to have responsibility for the conduct of, or their	79856
continuing to provide treatment or rehabilitation services	79857
pursuant to, any treatment or rehabilitation program that is	79858
offered in a state correctional institution or in a department of	79859
youth services institution to adult prisoners or juvenile	79860
offenders. If the department of ~~alcohol and drug addiction~~	79861
~~services~~mental health and addiction services charges a reasonable	79862
annual fee as described in this division, the director involved	79863
shall cause that fee to be paid from any available funds of the	79864
department of rehabilitation and correction or any available funds	79865
of the department of youth services.	79866

(C) The department of rehabilitation and correction and the	79867
department of ~~alcohol and drug addiction services~~mental health	79868
and addiction services jointly shall develop program	79869
specifications for the alcohol and drug addiction treatment	79870
programs offered in state correctional institutions.	79871

~~Sec. 3793.031.~~ Sec. 5119.201. (A) The director of ~~alcohol and drug~~	79872
~~addiction services~~mental health and addiction services may	79873
acquire by purchase, lease, or otherwise such real and personal	79874
property rights in the name of the state as are necessary for the	79875
purposes of the department. ~~The~~	79876

(B) When it is necessary for a state institution under the	79877
jurisdiction of the department to acquire any real estate,	79878
right-of-way, or easement in real estate in order to accomplish	79879
the purposes for which it was organized or is being conducted, and	79880
the department is unable to agree with the owner of such property	79881
upon the price to be paid for the property, such property may be	79882
appropriated in the manner provided for the appropriation of	79883
property for other state purposes.	79884

(C) The director~~, with the approval of the governor and the~~	79885
~~attorney general,~~ may work with the department of administrative	79886
services to sell, lease, or exchange portions of real and personal	79887
property of the department when the sale, lease, or exchange is	79888
advantageous to the state. Money received from such sales, leases,	79889
or exchanges shall be credited to the ~~general revenue~~the	79890
department of mental health and addiction services trust fund,	79891
created in section 5119.46 of the Revised Code.	79892

(D) Any instrument by which real property is acquired	79893
pursuant to this section shall identify the agency of the state	79894
that has the use and benefit of the real property as specified in	79895
section 5301.012 of the Revised Code.	79896

~~Sec. 5119.06.~~ Sec. 5119.21. (A) The department of ~~mental health~~	79897
mental health and addiction services shall:	79898

~~(A)~~(1) To the extent the department has available resources	79899
and in consultation with boards of alcohol, drug addiction, and	79900
mental health services, support a ~~community support system~~	79901
continuum of care in accordance with ~~section 340.03~~Chapter 340.	79902
of the Revised Code on a district or multi-district basis. The	79903
department shall define the essential elements of a ~~community~~	79904
~~support system~~continuum of care, shall assist in identifying	79905
resources, and may prioritize support for one or more of the	79906
elements.	79907

~~(B) Operate inpatient and other mental health services;~~

79908

~~(C)~~(2) Provide training, consultation, and technical	79909
assistance regarding mental health ~~programs~~ and addiction services	79910
and appropriate prevention, recovery, and mental health promotion	79911
activities, including those that are culturally ~~sensitive~~	79912
competent, to employees of the department, community mental health	79913
~~agencies~~ and addiction services providers, boards of alcohol, drug	79914
addiction, and mental health services, and other agencies	79915
providing mental health and addiction services;	79916

~~(D)~~(3) To the extent the department has available resources,	79917
promote and support a full range of mental health and addiction	79918
services that are available and accessible to all residents of	79919
this state, especially for severely mentally disabled children,	79920
adolescents, ~~and~~ adults, pregnant women, parents, guardians or	79921
custodians of children at risk of abuse or neglect, and other	79922
special target populations, including racial and ethnic	79923
minorities, as determined by the department;	79924

~~(E)~~(4) Develop standards and measures for evaluating the	79925
effectiveness of mental health and addiction services, including	79926
services that use methadone treatment, of gambling addiction	79927
services, and for increasing the accountability of mental health	79928
and alcohol and addiction services providers and of gambling	79929
addiction services providers;	79930

(5) Design and set criteria for the determination of ~~severe~~	79931
~~mental disability~~priority populations;	79932

~~(F) Establish standards for evaluation of mental health~~	79933
~~programs;~~	79934

~~(G)~~(6) Promote, direct, conduct, and coordinate scientific	79935
research, taking ethnic and racial differences into consideration,	79936
concerning the causes and prevention of mental illness and	79937
addiction, methods of providing effective services and treatment,	79938
and means of enhancing the mental health of and recovery from	79939
addiction of all residents of this state;	79940

~~(H)~~(7) Foster the establishment and availability of	79941
vocational rehabilitation services and the creation of employment	79942
opportunities for consumers of mental health and addiction	79943
services, including members of racial and ethnic minorities;	79944

~~(I)~~(8) Establish a program to protect and promote the rights	79945
of persons receiving mental health and addiction services,	79946
including the issuance of guidelines on informed consent and other	79947
rights;	79948

~~(J) Establish, in consultation with board of alcohol, drug~~	79949
~~addiction, and mental health services representatives and after~~	79950
~~consideration of the recommendations of the medical director,~~	79951
~~guidelines for the development of community mental health plans~~	79952
~~and the review and approval or disapproval of such plans submitted~~	79953
~~pursuant to section 340.03 of the Revised Code;~~	79954

~~(K)~~(9) Promote the involvement of persons who are receiving	79955
or have received mental health or addiction services, including	79956
families and other persons having a close relationship to a person	79957
receiving ~~mental health~~those services, in the planning,	79958
evaluation, delivery, and operation of mental health and addiction	79959
services;	79960

~~(L)~~(10) Notify and consult with the relevant constituencies	79961
that may be affected by rules, standards, and guidelines issued by	79962
the department of ~~mental health~~mental health and addiction	79963
services. These constituencies shall include consumers of mental	79964
health and addiction services and their families, and may include	79965
public and private providers, employee organizations, and others	79966
when appropriate. Whenever the department proposes the adoption,	79967
amendment, or rescission of rules under Chapter 119. of the	79968
Revised Code, the notification and consultation required by this	79969
division shall occur prior to the commencement of proceedings	79970
under Chapter 119. The department shall adopt rules under Chapter	79971
119. of the Revised Code that establish procedures for the	79972
notification and consultation required by this division.	79973

~~(M) In cooperation with board of alcohol, drug addiction, and~~	79974
~~mental health services representatives, provide training regarding~~	79975
~~the provision of community-based mental health services to those~~	79976
~~department employees who are utilized in state-operated,~~	79977
~~community-based mental health services;~~	79978

~~(N)~~(11) Provide consultation to the department of	79979
rehabilitation and correction concerning the delivery of mental	79980
health and addiction services in state correctional institutions.	79981

(12) Promote and coordinate efforts in the provision of	79982
alcohol and drug addiction services and of gambling addiction	79983
services by other state agencies, as defined in section 1.60 of	79984
the Revised Code; courts; hospitals; clinics; physicians in	79985
private practice; public health authorities; boards of alcohol,	79986
drug addiction, and mental health services; alcohol and drug	79987
addiction services providers; law enforcement agencies; gambling	79988
addiction services providers; and related groups;	79989

(13) Provide to each court of record, and biennially update,	79990
a list of the treatment and education programs within that court's	79991
jurisdiction that the court may require an offender, sentenced	79992
pursuant to section 4511.19 of the Revised Code, to attend;	79993

(14) Make the warning sign described in sections 3313.752,	79994
3345.41, and 3707.50 of the Revised Code available on the	79995
department's internet web site;	79996

(15) Provide a program of gambling addiction services on	79997
behalf of the state lottery commission, pursuant to an agreement	79998
entered into with the director of the commission under division	79999
(K) of section 3770.02 of the Revised Code, and provide a program	80000
of gambling addiction services on behalf of the Ohio casino	80001
control commission, under an agreement entered into with the	80002
executive director of the commission under section 3772.062 of the	80003
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	80004
Constitution, the department may enter into agreements with boards	80005
of alcohol, drug addiction, and mental health services, including	80006
boards with districts in which a casino facility is not located,	80007
and nonprofit organizations to provide gambling addiction services	80008
and substance abuse services, and with state institutions of	80009
higher education or private nonprofit institutions that possess a	80010
certificate of authorization issued under Chapter 1713. of the	80011
Revised Code to perform related research.	80012

(B) The department may accept and administer grants from	80013
public or private sources for carrying out any of the duties	80014
enumerated in this section.	80015

(C) Pursuant to Chapter 119. of the Revised Code, the	80016
department shall adopt a rule defining the term "intervention" as	80017
it is used in this chapter in connection with alcohol and drug	80018
addiction services and in connection with gambling addiction	80019
services. The department may adopt other rules as necessary to	80020
implement the requirements of this chapter.	80021

~~Sec. 5119.61.~~ Sec. 5119.22. ~~Any provision in this chapter that~~	80022
~~refers to a board of alcohol, drug addiction, and mental health~~	80023
~~services also refers to the community mental health board in an~~	80024
~~alcohol, drug addiction, and mental health service district that~~	80025
~~has a community mental health board.~~	80026

The director of ~~mental health~~mental health and addiction	80027
services with respect to all mental health and addiction	80028
facilities and ~~programs~~services established and operated or	80029
provided under Chapter 340. of the Revised Code ~~for mentally ill~~	80030
~~and emotionally disturbed persons~~, shall do all of the following:	80031

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	80032
that may be necessary to carry out the purposes of ~~Chapter~~this	80033
chapter and Chapters 340. and ~~sections 5119.61 to 5119.63~~5122. of	80034
the Revised Code.	80035

~~(1) The rules shall include the following:~~

80036

~~(a) Rules governing a community mental health agency's~~	80037
~~services under section 340.091 of the Revised Code to an~~	80038
~~individual referred to the agency under division (D)(2) of section~~	80039
~~5119.69 of the Revised Code;~~	80040

~~(b) For the purpose of division (A)(16) of section 340.03 of~~	80041
~~the Revised Code, rules governing the duties of mental health~~	80042
~~agencies and boards of alcohol, drug addiction, and mental health~~	80043
~~services regarding referrals of individuals with mental illness or~~	80044
~~severe mental disability to residential facilities as defined in~~	80045
~~division (A)(9)(b) of section 5119.22 of the Revised Code and~~	80046
~~effective arrangements for ongoing mental health services for the~~	80047
~~individuals. .~~	80048

~~(2) Rules may be adopted to govern the method of paying a~~	80049
~~community mental health facility, as defined in section 5111.023~~	80050
~~of the Revised Code, for providing services listed in division (B)~~	80051
~~of that section. Such rules must be consistent with the contract~~	80052
~~entered into between the departments of job and family services~~	80053
~~and mental health under section 5111.91 of the Revised Code and~~	80054
~~include requirements ensuring appropriate service utilization.~~	80055

(B) Review and evaluate~~, and~~the continuum of care in each	80056
service district, taking into account the findings and	80057
recommendations of the board of alcohol, drug addiction, and	80058
mental health services of the district ~~served by the program~~	80059
submitted under division (A)(4) of section 340.03 of the Revised	80060
Code and the ~~requirements and~~ priorities and plans of the ~~state~~	80061
~~mental health plan~~department, including the needs of residents of	80062
the district ~~now residing in state mental institutions~~currently	80063
receiving services in state-operated hospitals, and make	80064
recommendations for needed improvements to boards of alcohol, drug	80065
addiction, and mental health services;	80066

(C) ~~Provide consultative services to community mental health~~	80067
~~agencies with the knowledge and cooperation of the board of~~	80068
~~alcohol, drug addiction, and mental health services;~~	80069

~~(D)~~ At the director's discretion, provide to boards of	80070
alcohol, drug addiction, and mental health services state or	80071
federal funds, in addition to those allocated under section	80072
~~5119.62~~5119.23 of the Revised Code, for special programs or	80073
projects the director considers necessary but for which local	80074
funds are not available;	80075

(D) Establish, in consultation with board of alcohol, drug	80076
addiction, and mental health service representatives and after	80077
consideration of the recommendations of the medical director,	80078
guidelines for the development of community mental health and	80079
addiction services plans and the review and approval or	80080
disapproval of such plans submitted pursuant to section 340.03 of	80081
the Revised Code.	80082

(E) Establish criteria by which a board of alcohol, drug	80083
addiction, and mental health services reviews and evaluates the	80084
quality, effectiveness, and efficiency of its contracted services	80085
~~provided through its community mental health plan~~. The criteria	80086
shall include requirements ensuring appropriate service	80087
utilization. The department shall assess a board's evaluation of	80088
services and the compliance of each board with this section,	80089
Chapter 340. ~~or section 5119.62~~ of the Revised Code, and other	80090
state or federal law and regulations. The department, in	80091
cooperation with the board, periodically shall review and evaluate	80092
the quality, effectiveness, and efficiency of services provided	80093
through each board. The department shall collect information that	80094
is necessary to perform these functions.	80095

(F) To the extent the director determines necessary and after	80096
consulting with boards of alcohol, drug addiction, and mental	80097
health services, develop and operate, or contract for the	80098
operation of, a community ~~mental~~behavioral health information	80099
system or systems. The department shall specify the information	80100
that must be provided by boards of alcohol, drug addiction, and	80101
mental health services for inclusion in the system or systems.	80102

Boards of alcohol, drug addiction, and mental health services	80103
shall submit information requested by the department in the form	80104
and manner and in accordance with time frames prescribed by the	80105
department. Information collected by the department ~~shall~~may	80106
include~~, but not be limited to,~~ all of the following:	80107

(1) Information ~~regarding units of~~on services provided in	80108
whole or in part under contract with a board~~, including diagnosis~~	80109
~~and special needs, demographic information, the number of units of~~	80110
~~service provided, past treatment, financial status, and service~~	80111
~~dates in accordance with rules adopted by the department in~~	80112
~~accordance with Chapter 119. of the Revised Code~~;	80113

(2) Financial information ~~other than price or price-related~~	80114
~~data~~ regarding expenditures of federal, state, or local funds by	80115
boards ~~and community mental health agencies, including units of~~	80116
~~service provided, budgeted and actual expenses by type, and~~	80117
~~sources of funds~~;	80118

(3) Information about persons served under contract with a	80119
board.	80120

~~Boards shall submit the information specified in division~~	80121
~~(F)(1) of this section no less frequently than annually for each~~	80122
~~client, and each time the client's case is opened or closed.~~ The	80123
department shall not collect any personal information from the	80124
boards except as required or permitted by state or federal law for	80125
purposes related to payment, health care operations, program and	80126
service evaluation, reporting activities, research, system	80127
administration, and oversight.	80128

(G)(1) Review each board's community mental health and	80129
addiction services plan, budget, and statement of services to be	80130
made available submitted pursuant to ~~section~~sections 340.03 and	80131
340.08 of the Revised Code and approve or disapprove itthe plan,	80132
the budget, and the statement of services in whole or in part.	80133
~~Periodically, in consultation with representatives of boards and~~	80134
~~after considering the recommendations of the medical director, the~~	80135
~~director shall issue criteria for determining when a plan is~~	80136
~~complete, criteria for plan approval or disapproval, and~~	80137
~~provisions for conditional approval. The factors that the director~~	80138
~~considers may include, but are not limited to, the following:~~	80139

~~(1) The mental health needs of all persons residing within~~	80140
~~the board's service district, especially severely mentally~~	80141
~~disabled children, adolescents, and adults;~~	80142

~~(2) The demonstrated quality, effectiveness, efficiency, and~~	80143
~~cultural relevance of the services provided in each service~~	80144
~~district, the extent to which any services are duplicative of~~	80145
~~other available services, and whether the services meet the needs~~	80146
~~identified above;~~	80147

~~(3) The adequacy of the board's accounting for the~~	80148
~~expenditure of funds.~~	80149

~~If the director disapproves all or part of any plan, the~~	80150
~~director shall provide the board an opportunity to present its~~	80151
~~position. The director shall inform the board of the reasons for~~	80152
~~the disapproval and of the criteria that must be met before the~~	80153
~~plan may be approved. The director shall give the board a~~	80154
~~reasonable time within which to meet the criteria, and shall offer~~	80155
~~technical assistance to the board to help it meet the criteria.~~	80156

~~If the approval of a plan remains in dispute, the board or~~	80157
~~the director may request that the dispute be submitted to a~~	80158
~~mutually agreed upon third-party mediator with the cost to be~~	80159
~~shared by the board and the department. The mediator shall issue~~	80160
~~to the board and the department recommendations for resolution of~~	80161
~~the dispute. The director, taking into consideration the~~	80162
~~recommendations of the mediator, shall make a final determination~~	80163
~~and approve or disapprove the plan, in whole or in part~~The	80164
department may withhold all or part of the funds allocated to a	80165
board if it disapproves all or part of a plan, budget, or	80166
statement of services. Prior to a final decision to disapprove a	80167
plan, budget, or statement of services, or to withhold funds from	80168
a board, a representative of the director of mental health and	80169
addiction services shall meet with the board and discuss the	80170
reason for the action the department proposes to take and any	80171
corrective action that should be taken to make the plan, budget,	80172
or statement of services acceptable to the department. In	80173
addition, the department shall offer technical assistance to the	80174
board to assist it to make the plan, budget, or statement of	80175
services acceptable. The department shall give the board a	80176
reasonable time in which to revise the plan, budget, or statement	80177
of services. The board thereafter shall submit a revised plan,	80178
budget, or statement of services, or a new plan, budget, or	80179
statement of services.	80180

(2) If a board determines that it is necessary to amend the	80181
plan, budget, or statement of services that has been approved	80182
under this section, the board shall submit the proposed amendment	80183
to the department. The department may approve or disapprove all or	80184
part of the amendment.	80185

(3) If the director disapproves of all or part of any	80186
proposed amendment, the director shall provide the board an	80187
opportunity to present its position. The director shall inform the	80188
board of the reasons for the disapproval and of the criteria that	80189
must be met before the proposed amendment may be approved. The	80190
director shall give the board a reasonable time within which to	80191
meet the criteria and shall offer technical assistance to the	80192
board to help it meet the criteria.	80193

(4) The department shall establish procedures for the review	80194
of plans, budgets, and statements of services, and a timetable for	80195
submission and review of plans, budgets, and statements of	80196
services and for corrective action and submission of new or	80197
revised plans, budgets, and statements of services.	80198

~~Sec. 5119.62.~~ Sec. 5119.23. (A) The department of ~~mental health~~	80199
mental health and addiction services shall establish a methodology	80200
for allocating to boards of alcohol, drug addiction, and mental	80201
health services the funds appropriated by the general assembly to	80202
the department for the purpose of local mental health ~~systems~~and	80203
addiction services continuums of care. The department shall	80204
establish the methodology after notifying and consulting with	80205
relevant constituencies as required by division ~~(L)~~(A)(10) of	80206
section ~~5119.06~~5119.21 of the Revised Code. The methodology may	80207
provide for the funds to be allocated to boards on a district or	80208
multi-district basis. ~~Subject~~	80209

(B) Subject to ~~sections 5119.622 and 5119.623~~section	80210
5119.25 of the Revised Code, and to required submissions and	80211
approvals under section 340.08 of the Revised Code, the department	80212
shall allocate the funds to the boards in a manner consistent with	80213
the methodology, this section, other state and federal laws,	80214
rules, and regulations.	80215

~~(B) The department may allocate to boards a portion of the~~	80216
~~funds appropriated by the general assembly to the department for~~	80217
~~the operation of state hospital services. If the department~~	80218
~~allocates the funds, the department shall do all of the following:~~	80219

~~(1) In consultation with the boards:~~

80220

~~(a) Annually determine the unit costs of providing state~~	80221
~~hospital services; and~~	80222

~~(b) Establish the methodology for allocating the funds to the~~	80223
~~boards.~~	80224

~~(2) Determine the type of unit costs of providing state~~	80225
~~hospital services to be included as a factor in the methodology~~	80226
~~and include that unit cost as a factor in the methodology;~~	80227

~~(3) Subject to sections 5119.622 and 5119.623 of the Revised~~	80228
~~Code, allocate the funds to the boards in a manner consistent with~~	80229
~~the methodology, this section, other state and federal laws,~~	80230
~~rules, and regulations.~~	80231

~~(c) Not later than the first day of April of each year, the~~	80232
~~department shall notify each board of the department's estimate of~~	80233
~~the amount of funds to be allocated to the board under this~~	80234
~~section during the fiscal year beginning on the next July first.~~	80235
~~If the department makes an allocation under division (B) of this~~	80236
~~section, the department shall also notify each board of the unit~~	80237
~~costs of providing state hospital services for the upcoming fiscal~~	80238
~~year as determined under that division. Not later than the first~~	80239
~~day of May of each year, each board shall notify the department as~~	80240
~~to which of the following options it has elected for the upcoming~~	80241
~~fiscal year:~~	80242

~~(1) The board elects to accept distribution of the amount~~	80243
~~allocated to it under this section. Funds distributed to each~~	80244
~~board shall be used to supplement and not to supplant other state,~~	80245
~~local, or federal funds that are being used to support~~	80246
~~community-based programs for severely mentally disabled children,~~	80247
~~adolescents, and adults, unless the funds have been specifically~~	80248
~~designated for the initiation of programs in accordance with the~~	80249
~~community mental health plan developed and submitted under section~~	80250
~~340.03 and approved under section 5119.61 of the Revised Code.~~	80251
~~Notwithstanding section 131.33 of the Revised Code, any board may~~	80252
~~expend unexpended funds distributed to the board from~~	80253
~~appropriations for the purpose of local management of mental~~	80254
~~health services in the fiscal year following the fiscal year for~~	80255
~~which the appropriations are made, in accordance with the approved~~	80256
~~community mental health plan.~~	80257

~~(2) Subject to division (D) of this section, the board elects~~	80258
~~not to accept the amount allocated to it under this section,~~	80259
~~authorizes the department to determine the use of its allocation,~~	80260
~~and agrees to provide the department with a statement of projected~~	80261
~~utilization of state hospitals and other state-operated services~~	80262
~~by residents of its service district during the fiscal year.~~	80263

~~(D) No board shall elect the option in division (C)(2) of~~	80264
~~this section unless all of the following apply:~~	80265

~~(1) Either the total funds estimated by the department to be~~	80266
~~allocated to the board under this section for the next fiscal year~~	80267
~~are reduced by a substantial amount, as defined in guidelines~~	80268
~~adopted by the director of mental health under division (E) of~~	80269
~~this section, in comparison to the amount allocated for the~~	80270
~~current fiscal year, for reasons not related to performance or the~~	80271
~~board has experienced other circumstances specified in the~~	80272
~~guidelines.~~	80273

~~(2) The board provides the department written confirmation~~	80274
~~that the board has received input about the impact that the~~	80275
~~board's election will have on the mental health system in the~~	80276
~~board's district from all of the following:~~	80277

~~(a) Individuals who receive mental health services and such~~	80278
~~individuals' families;~~	80279

~~(b) Boards of county commissioners;~~

80280

~~(c) Judges of juvenile and probate courts;~~

80281

~~(d) County sheriffs, jail administrators, and other local law~~	80282
~~enforcement officials.~~	80283

~~(3) Not later than seven days before notifying the department~~	80284
~~of its election and after providing the department the written~~	80285
~~confirmation required by division (D)(2) of this section, the~~	80286
~~board conducts a public hearing on the issue.~~	80287

~~(E) For the purpose of division (D)(1) of this section, the~~	80288
~~director of mental health shall consult with the boards and other~~	80289
~~relevant constituencies to develop guidelines for determining what~~	80290
~~constitutes a substantial reduction of funds and what other~~	80291
~~circumstances qualify a board to elect the option in division~~	80292
~~(C)(2) of this section.~~	80293

~~(F) No board shall use state funds for the purpose of~~	80294
~~discouraging employees from seeking collective bargaining~~	80295
~~representation or encouraging employees to decertify a recognized~~	80296
~~collective bargaining agent.~~	80297

~~(G) The department shall charge against the allocation made~~	80298
~~to a board under division (B) of this section, if any, any~~	80299
~~unreimbursed costs for services provided by the department.~~	80300

~~(H) A board's use of funds allocated under this section is~~	80301
~~subject to audit by county, state, and federal authorities.~~	80302

(C) In consultation with boards, community mental health and	80303
addiction services providers, and persons receiving services, the	80304
department shall establish guidelines for the use of funds	80305
allocated and distributed under this section.	80306

~~Sec. 5119.621.~~ Sec. 5119.24. (A) As used in this section,	80307
"administrative function" means a function related to one or more	80308
of the following:	80309

(1) Continuous quality improvement;

80310

(2) Utilization review;

80311

(3) Resource development;

80312

(4) Fiscal administration;

80313

(5) General administration;

80314

(6) Any other function related to administration that is	80315
required by Chapter 340. of the Revised Code.	80316

(B) Each board of alcohol, drug addiction, and mental health	80317
services shall submit an annual report to the department of ~~mental~~	80318
~~health~~mental health and addiction services specifying how the	80319
board used funds allocated to the board under section ~~5119.62~~	80320
5119.23 of the Revised Code for administrative functions in the	80321
year preceding the report's submission. The director of ~~mental~~	80322
~~health~~mental health and addiction services shall establish the	80323
date by which the report must be submitted each year.	80324

~~Sec. 5119.622.~~ Sec. 5119.25. (A) The director of ~~mental health~~	80325
mental health and addiction services, in whole or in part, may	80326
withhold funds otherwise to be allocated to a board of alcohol,	80327
drug addiction, and mental health services under section ~~5119.62~~	80328
5119.23 of the Revised Code if the board fails to comply with	80329
Chapter 340. or section ~~5119.61, 5119.611, 5119.612, or 5119.621~~	80330
5119.22, 5119.24, 5119.36, or 5119.37 of the Revised Code or rules	80331
of the department of ~~mental health regarding a community mental~~	80332
~~health service~~mental health and addiction services. ~~The~~	80333

(B) The director of mental health and addiction services may	80334
withhold funds otherwise to be allocated to a board of alcohol,	80335
drug addiction, and mental health services under section 5119.23	80336
of the Revised Code if the board denies available service on the	80337
basis of race, color, religion, sex, national origin, marital	80338
status, sexual orientation, genetic information, or developmental	80339
disability, or age, disability, or military status as defined in	80340
section 4112.01 of the Revised Code.	80341

(C) The director shall ~~identify~~issue a notice identifying	80342
the areas of noncompliance and the action necessary to achieve	80343
compliance. The director ~~shall~~may offer technical assistance to	80344
the board to achieve compliance. The ~~director shall give the~~ board	80345
~~a reasonable time within which to comply or~~shall have ten days	80346
from receipt of the notice of noncompliance to present its	80347
position that it is in compliance. Before withholding funds, the	80348
director or the director's designee shall hold a hearing ~~shall be~~	80349
~~conducted~~within ten days of receipt of the board's position to	80350
determine if there are continuing violations and that either	80351
assistance is rejected or the board is unable to achieve	80352
compliance. Subsequent to the hearing process, if it is determined	80353
that compliance has not been achieved, the director may allocate	80354
all or part of the withheld funds to a public or private agency to	80355
provide the community mental health or community addiction service	80356
for which the board is not in compliance until the time that there	80357
is compliance. The director ~~shall~~may adopt rules in accordance	80358
with Chapter 119. of the Revised Code to implement this section.	80359

~~Sec. 3793.14.~~ Sec. 5119.26. Any person treated under this chapter	80360
or rules adopted under it shall retain ~~his~~the person's civil	80361
rights and liberties, including the right not to be experimented	80362
upon with treatment not accepted as good medical practice without	80363
~~his~~the person's fully informed consent, the right as a ~~patient~~	80364
person receiving services to maintain the confidentiality of	80365
health and medical records, the right as a person detained for	80366
medical purposes to receive adequate and appropriate treatment,	80367
and the right to vote.	80368

~~Sec. 3793.13.~~ Sec. 5119.27. (A) Records or information, other than	80369
court journal entries or court docket entries, pertaining to the	80370
identity, diagnosis, or treatment of any ~~patient~~person seeking or	80371
receiving services that are maintained in connection with the	80372
performance of any drug treatment program or services licensed by,	80373
or certified by, the director of ~~alcohol and drug addiction~~	80374
~~services,~~mental health and addiction services under ~~section~~	80375
~~3793.11 of the Revised Code,~~this chapter shall be kept	80376
confidential, may be disclosed only for the purposes and under the	80377
circumstances expressly authorized under this section, and may not	80378
otherwise be divulged in any civil, criminal, administrative, or	80379
legislative proceeding.	80380

(B) When the ~~patient~~person, with respect to whom any record	80381
or information referred to in division (A) of this section is	80382
maintained, gives consent in the form of a written release signed	80383
by the ~~patient~~person, the content of the record or information	80384
may be disclosed if the written release conforms to all of the	80385
following:	80386

(1) Specifically identifies the person, official, or entity	80387
to whom the information is to be provided;	80388

(2) Describes with reasonable specificity the record,	80389
records, or information to be disclosed; and	80390

(3) Describes with reasonable specificity the purposes of the	80391
disclosure and the intended use of the disclosed information.	80392

(C) A ~~patient~~person who is subject to a community control	80393
sanction, parole, or a post-release control sanction or who is	80394
ordered to rehabilitation in lieu of conviction, and who has	80395
agreed to participate in a drug treatment or rehabilitation	80396
program as a condition of the community control sanction,	80397
post-release control sanction, parole, or order to rehabilitation,	80398
shall be considered to have consented to the release of records	80399
and information relating to the progress of treatment, frequency	80400
of treatment, adherence to treatment requirements, and probable	80401
outcome of treatment. Release of information and records under	80402
this division shall be limited to the court or governmental	80403
personnel having the responsibility for supervising the ~~patient's~~	80404
person's community control sanction, post-release control	80405
sanction, parole, or order to rehabilitation. A ~~patient~~person,	80406
described in this division, who refuses to allow disclosure may be	80407
considered in violation of the conditions of the ~~patient's~~	80408
person's community control sanction, post-release control	80409
sanction, parole, or order to rehabilitation.	80410

(D) Disclosure of a ~~patient's~~person's record may be made	80411
without the ~~patient's~~person's consent to qualified personnel for	80412
the purpose of conducting scientific research, management,	80413
financial audits, or program evaluation, but these personnel may	80414
not identify, directly or indirectly, any individual ~~patient~~	80415
person in any report of the research, audit, or evaluation, or	80416
otherwise disclose a ~~patient's~~person's identity in any manner.	80417

(E) Upon the request of a prosecuting attorney or the	80418
director of ~~alcohol and drug addiction services~~mental health and	80419
addiction services, a court of competent jurisdiction may order	80420
the disclosure of records or information referred to in division	80421
(A) of this section if the court has reason to believe that a	80422
treatment program or facility is being operated or used in a	80423
manner contrary to law. The use of any information or record so	80424
disclosed shall be limited to the prosecution of persons who are	80425
or may be charged with any offense related to the illegal	80426
operation or use of the drug treatment program or facility, or to	80427
the decision to withdraw the authority of a drug treatment program	80428
or facility to continue operation. For purposes of this division	80429
the court shall:	80430

(1) Limit disclosure to those parts of the ~~patient's~~person's	80431
record considered essential to fulfill the objective for which the	80432
order was granted;	80433

(2) Require, where appropriate, that all information be	80434
disclosed in chambers;	80435

(3) Include any other appropriate measures to keep disclosure	80436
to a minimum, consistent with the protection of the ~~patients~~	80437
persons seeking or receiving services, the physician-patient	80438
relationship, and the administration of the drug treatment and	80439
rehabilitation program.	80440

(F) As used in this section:

80441

(1) "Community control sanction" has the same meaning as in	80442
section 2929.01 of the Revised Code.	80443

(2) "Post-release control sanction" has the same meaning as	80444
in section 2967.01 of the Revised Code.	80445

Sec. 5119.28. (A) All records, and reports, other than court	80446
journal entries or court docket entries, identifying a person and	80447
pertaining to the person's mental health condition, assessment,	80448
provision of care or treatment, or payment for assessment, care or	80449
treatment that are maintained in connection with any services	80450
certified by the department of mental health and addiction	80451
services, or any hospitals or facilities licensed or operated by	80452
the department, shall be kept confidential and shall not be	80453
disclosed by any person except:	80454

(1) If the person identified, or the person's legal guardian,	80455
if any, or if the person is a minor, the person's parent or legal	80456
guardian, consents;	80457

(2) When disclosure is provided for in this chapter or	80458
Chapter 340. or 5122., or Title XLVII of the Revised Code;	80459

(3) That hospitals, boards of alcohol, drug addiction, and	80460
mental health services, licensed facilities, and community mental	80461
health services providers may release necessary information to	80462
insurers and other third-party payers, including government	80463
entities responsible for processing and authorizing payment, to	80464
obtain payment for goods and services furnished to the person;	80465

(4) Pursuant to a court order signed by a judge;

80466

(5) That a person shall be granted access to the person's own	80467
psychiatric and medical records, unless access specifically is	80468
restricted in a person's treatment plan for clear treatment	80469
reasons;	80470

(6) That the department of mental health and addiction	80471
services may exchange psychiatric records and other pertinent	80472
information with community mental health services providers and	80473
boards of alcohol, drug addiction, and mental health services	80474
relating to the person's care or services. Records and information	80475
that may be exchanged pursuant to this division shall be limited	80476
to medication history, physical health status and history,	80477
financial status, summary of course of treatment, summary of	80478
treatment needs, and a discharge summary, if any.	80479

(7) That the department of mental health and addiction	80480
services, hospitals and community providers operated by the	80481
department, hospitals licensed by the department under section	80482
5119.33 of the Revised Code, and community mental health services	80483
providers may exchange psychiatric records and other pertinent	80484
information with payers and other providers of treatment and	80485
health services if the purpose of the exchange is to facilitate	80486
continuity of care for the person or for the emergency treatment	80487
of the person;	80488

(8) That the department of mental health and addiction	80489
services and community mental health services providers may	80490
exchange psychiatric records and other pertinent information with	80491
boards of alcohol, drug addiction, and mental health services for	80492
purposes of any board function set forth in Chapter 340. of the	80493
Revised Code. Boards of alcohol, drug addiction, and mental health	80494
services shall not access any personal information from the	80495
department or providers except as required or permitted by this	80496
section, or Chapter 340. or 5122. of the Revised Code for purposes	80497
related to payment, care coordination, health care operations,	80498
program and service evaluation, reporting activities, research,	80499
system administration, oversight, or other authorized purposes.	80500

(9) That a person's family member who is involved in the	80501
provision, planning, and monitoring of services to the person may	80502
receive medication information, a summary of the person's	80503
diagnosis and prognosis, and a list of the services and personnel	80504
available to assist the person and the person's family, if the	80505
person's treatment provider determines that the disclosure would	80506
be in the best interests of the person. No such disclosure shall	80507
be made unless the person is notified first and receives the	80508
information and does not object to the disclosure.	80509

(10) That community mental health services providers may	80510
exchange psychiatric records and certain other information with	80511
the board of alcohol, drug addiction, and mental health services	80512
and other providers in order to provide services to a person	80513
involuntarily committed to a board. Release of records under this	80514
division shall be limited to medication history, physical health	80515
status and history, financial status, summary of course of	80516
treatment, summary of treatment needs, and discharge summary, if	80517
any.	80518

(11) That information may be disclosed to the executor or the	80519
administrator of an estate of a deceased person when the	80520
information is necessary to administer the estate;	80521

(12) That information may be disclosed to staff members of	80522
the appropriate board or to staff members designated by the	80523
director of mental health and addiction services for the purpose	80524
of evaluating the quality, effectiveness, and efficiency of	80525
services and determining if the services meet minimum standards.	80526
Information obtained during such evaluations shall not be retained	80527
with the name of any person.	80528

(13) That records pertaining to the person's diagnosis,	80529
course of treatment, treatment needs, and prognosis shall be	80530
disclosed and released to the appropriate prosecuting attorney if	80531
the person was committed pursuant to section 2945.38, 2945.39,	80532
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	80533
attorney designated by the board for proceedings pursuant to	80534
involuntary commitment under Chapter 5122. of the Revised Code.	80535

(14) That the department of mental health and addiction	80536
services may exchange psychiatric hospitalization records, other	80537
mental health treatment records, and other pertinent information	80538
with the department of rehabilitation and correction and with the	80539
department of youth services to ensure continuity of care for	80540
inmates and offenders who are receiving mental health services in	80541
an institution of the department of rehabilitation and correction	80542
or the department of youth services and may exchange psychiatric	80543
hospitalization records, other mental health treatment records,	80544
and other pertinent information with boards of alcohol, drug	80545
addiction, and mental health services and community mental health	80546
services providers to ensure continuity of care for inmates or	80547
offenders who are receiving mental health services in an	80548
institution and are scheduled for release within six months. The	80549
release of records under this division is limited to records	80550
regarding an inmate's or offender's medication history, physical	80551
health status and history, summary of course of treatment, summary	80552
of treatment needs, and a discharge summary, if any.	80553

(15) That a community mental health services provider that	80554
ceases to operate may transfer to either a community mental health	80555
services provider that assumes its caseload or to the board of	80556
alcohol, drug addiction, and mental health services of the service	80557
district in which the person resided at the time services were	80558
most recently provided any treatment records that have not been	80559
transferred elsewhere at the person's request.	80560

(B) Before records are disclosed pursuant to divisions	80561
(A)(3), (6), and (10) of this section, the custodian of the	80562
records shall attempt to obtain the person's consent for the	80563
disclosure.	80564

(C) No person shall reveal the content of a medical record of	80565
a person that is confidential pursuant to this section, except as	80566
authorized by law.	80567

~~Sec. 5119.57.~~ Sec. 5119.29. ~~No later than January 1, 1998, the~~The	80568
department of ~~mental health~~mental health and addiction services,	80569
in conjunction with boards of alcohol, drug addiction, and mental	80570
health services and community mental health boards, shall develop	80571
a coordinated system for tracking and monitoring persons found not	80572
guilty by reason of insanity and committed pursuant to section	80573
2945.40 of the Revised Code who have been granted a conditional	80574
release and persons found incompetent to stand trial and committed	80575
pursuant to section 2945.39 of the Revised Code who have been	80576
granted a conditional release. The system shall do all of the	80577
following:	80578

(A) Centralize responsibility for the tracking of those	80579
persons;	80580

(B) Develop uniformity in monitoring those persons;

80581

(C) Develop a mechanism to allow prompt rehospitalization,	80582
reinstitutionalization, or detention when a violation of the	80583
conditional release or decompensation occurs.	80584

~~Sec. 3793.18.~~ Sec. 5119.30. The department of ~~alcohol and drug~~	80585
~~addiction services~~mental health and addiction services promptly	80586
shall develop and maintain a program that continually provides the	80587
courts of this state with relevant information pertaining to	80588
~~alcohol and drug~~ addiction services and programs available both	80589
within their jurisdictions and statewide in order to facilitate	80590
the ability of the courts to utilize treatment and rehabilitation	80591
alternatives in addition to or in lieu of imposing sentences of	80592
imprisonment upon appropriate offenders.	80593

~~Sec. 5119.23.~~ Sec. 5119.31. The department of ~~mental health~~mental	80594
health and addiction services may examine into, with or without	80595
expert assistance, the question of the mental and physical	80596
condition of any person committed to or involuntarily confined in	80597
any hospital for the mentally ill, or restrained of ~~his~~ liberty at	80598
any place within this state by reason of alleged mental illness	80599
and may order and compel the discharge of any such person who is	80600
not a mentally ill person subject to hospitalization by court	80601
order as defined in division (B) of section 5122.01 of the Revised	80602
Code and direct what disposition shall be made of ~~him~~the person.	80603
The order of discharge shall be signed by the director of ~~mental~~	80604
~~health~~mental health and addiction services. Upon receipt of such	80605
order by the superintendent or other person in charge of the	80606
building in which the person named in such order is confined, such	80607
person shall forthwith be discharged or otherwise disposed of	80608
according to the terms of said order, and any further or other	80609
detention of such person is unlawful. No such order shall be made	80610
in favor of any person committed and held for trial on a criminal	80611
charge, in confinement by an order of a judge or court made in a	80612
criminal proceeding, or in any case unless notice is given to the	80613
superintendent or other person having charge of the building in	80614
which the alleged mentally ill person is detained, and a	80615
reasonable opportunity is allowed the person in charge to justify	80616
further detention of the person confined.	80617

~~Sec. 5119.60.~~ Sec. 5119.32. The department of ~~mental health~~mental	80618
health and addiction services is hereby designated as the state	80619
administrative agency for the ~~alcohol, drug abuse and mental~~	80620
~~health services~~substance abuse prevention treatment block grant	80621
and the community mental health services block grant authorized by	80622
the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C.	80623
300x, as amended, and similar alcohol, drug abuse, or mental	80624
health programs that are specified in an appropriations act. ~~The~~	80625
~~department shall establish and administer an annual plan to~~	80626
~~utilize federal block grant funds. The department shall consult~~	80627
~~with the department of alcohol and drug addiction services on the~~	80628
~~allocation of funds for alcohol and drug addiction services~~	80629
~~pursuant to Chapter 3793. of the Revised Code and shall notify the~~	80630
~~controlling board, which shall authorize the transfer of funds~~	80631
~~allocated to the department of alcohol and drug addiction~~	80632
~~services.~~	80633

~~Sec. 5119.20.~~ Sec. 5119.33. The department of ~~mental health~~mental	80634
health and addiction services shall inspect and license all	80635
hospitals that receive mentally ill persons, except those	80636
hospitals managed by the department. No hospital may receive for	80637
care or treatment, either at public or private expense, any person	80638
who is or appears to be mentally ill, whether or not so	80639
adjudicated, unless the hospital has received a license from the	80640
department authorizing it to receive for care or treatment persons	80641
who are mentally ill or the hospital is managed by the department.	80642

No such license shall be granted to a hospital for the	80643
treatment of mentally ill persons unless the department is	80644
satisfied, after investigation, that the hospital is managed and	80645
operated by qualified persons and has on its staff one or more	80646
qualified physicians responsible for the medical care of the	80647
patients confined there. At least one such physician shall be a	80648
psychiatrist.	80649

The department shall adopt rules under Chapter 119. of the	80650
Revised Code prescribing minimum standards for the operation of	80651
hospitals for the care and treatment of mentally ill persons and	80652
establishing standards and procedures for the issuance, renewal,	80653
or revocation of full, probationary, and interim licenses. No	80654
license shall be granted to any hospital established or used for	80655
the care of mentally ill persons unless such hospital is operating	80656
in accordance with this section and rules adopted pursuant to this	80657
section. A full license shall expire one year after the date of	80658
issuance, a probationary license shall expire at the time	80659
prescribed by rule adopted pursuant to Chapter 119. of the Revised	80660
Code by the director of ~~mental health~~mental health and addiction	80661
services, and an interim license shall expire ninety days after	80662
the date of issuance. A full, probationary, or interim license may	80663
be renewed, except that an interim license may be renewed only	80664
twice. The department may fix reasonable fees for licenses and for	80665
license renewals. Such hospitals are subject to inspection and	80666
~~visitation~~on-site review by the department.	80667

Except as otherwise provided in Chapter 5122. of the Revised	80668
Code, neither the director of ~~the department of mental health~~	80669
mental health and addiction services; an employee of the	80670
department; a board of alcohol, drug addiction, and mental health	80671
services or ~~agency~~ employee of a community mental health services	80672
provider; nor any other public official shall hospitalize any	80673
mentally ill person for care or treatment in any hospital that is	80674
not licensed in accordance with this section.	80675

Any license issued by the department under this section may	80676
be revoked by the department for any of the following reasons:	80677

(A) The hospital is no longer a suitable place for the care	80678
or treatment of mentally ill persons.	80679

(B) The hospital refuses to be subject to inspection or	80680
~~visitation~~on-site review by the department.	80681

(C) The hospital has failed to furnish humane, kind, and	80682
adequate treatment and care.	80683

(D) The hospital fails to comply with the licensure rules of	80684
the department.	80685

The department may inspect, ~~visit~~conduct an on-site review,	80686
and review the records of any hospital that the department has	80687
reason to believe is operating without a license.	80688

~~Sec. 5119.201.~~ Sec. 5119.331. If the department of ~~mental health~~	80689
mental health and addiction services determines that a hospital	80690
not licensed by the department is receiving for care or treatment	80691
any person who is or appears to be mentally ill, the department	80692
may request in writing that the attorney general petition the	80693
court of common pleas in the county where the hospital is located	80694
to enjoin the hospital from continued operation in violation of	80695
section ~~5119.20~~5119.33 of the Revised Code.	80696

~~Sec. 5119.202.~~ Sec. 5119.332. No third-party payer shall directly	80697
or indirectly reimburse, nor shall any person be obligated to pay	80698
any hospital for psychiatric services for which a license is	80699
required under section ~~5119.20~~5119.33 of the Revised Code unless	80700
the hospital is licensed by the department of ~~mental health~~mental	80701
health and addiction services.	80702

As used in this section, "third-party payer" means a health	80703
insuring corporation licensed under Chapter 1751. of the Revised	80704
Code, an insurance company that issues sickness and accident	80705
insurance in conformity with Chapter 3923. of the Revised Code, a	80706
state-financed health insurance program under Chapter 3701.,	80707
4123., or 5101. of the Revised Code, or any self-insurance plan.	80708

~~Sec. 5119.21.~~ Sec. 5119.333. No person shall keep or maintain a	80709
hospital for the care or treatment of mentally ill persons unless	80710
it is licensed by the department of ~~mental health~~mental health	80711
and addiction services, as provided by section ~~5119.20~~5119.33 of	80712
the Revised Code.	80713

~~Sec. 5119.22.~~ Sec. 5119.34. (A) As used in this section and	80714
~~section 5119.221~~sections 5119.341 and 5119.342 of the Revised	80715
Code:	80716

(1) "Accommodations" means housing, daily meal preparation,	80717
laundry, housekeeping, arranging for transportation, social and	80718
recreational activities, maintenance, security, and other services	80719
that do not constitute personal care services or skilled nursing	80720
care.	80721

(2) "ADAMHS board" means a board of alcohol, drug addiction,	80722
and mental health services.	80723

(3) "Adult" means a person who is eighteen years of age or	80724
older, other than a person described in division (A)(4) of this	80725
section who is between eighteen and twenty-one years of age.	80726

(4) "Child" means a person who is under eighteen years of age	80727
or a person with a mental disability who is under twenty-one years	80728
of age.	80729

(5) "Community mental health ~~agency~~services provider" means	80730
a community mental health ~~agency~~services provider as defined in	80731
~~division (H) of~~ section ~~5122.01~~5119.01 of the Revised Code.	80732

(6) "Community mental health services" means any ~~of the~~	80733
mental health services ~~listed in~~certified by the department	80734
pursuant to section ~~340.09~~5119.36 of the Revised Code.	80735

(7) "Operator" means the person or persons, firm,	80736
partnership, agency, governing body, association, corporation, or	80737
other entity that is responsible for the administration and	80738
management of a residential facility and that is the applicant for	80739
a residential facility license.	80740

(8) "Personal care services" means services including, but	80741
not limited to, the following:	80742

(a) Assisting residents with activities of daily living;

80743

(b) Assisting residents with self-administration of	80744
medication in accordance with rules adopted under this section;	80745

(c) Preparing special diets, other than complex therapeutic	80746
diets, for residents pursuant to the instructions of a physician	80747
or a licensed dietitian, in accordance with rules adopted under	80748
this section.	80749

"Personal care services" does not include "skilled nursing	80750
care" as defined in section 3721.01 of the Revised Code. A	80751
facility need not provide more than one of the services listed in	80752
division (A)(8) of this section to be considered to be providing	80753
personal care services.	80754

(9) "Residential facility" means a publicly or privately	80755
operated home or facility that provides one of the following:	80756

(a) Accommodations, supervision, personal care services, and	80757
community mental health services for one or more ~~of the following~~	80758
unrelated ~~persons~~adults with mental illness or severe mental	80759
disabilities or to one or more unrelated children and adolescents	80760
with a serious emotional disturbance or who are in need of mental	80761
health services who are referred by or are receiving community	80762
mental health services from a community mental health ~~agency,~~	80763
services provider, hospital, or practitioner:	80764

~~(i) Adults with mental illness;~~

80765

~~(ii) Persons of any age with severe mental disabilities;~~

80766

~~(iii) Children with serious emotional disturbances or in need~~	80767
~~of mental health services~~.	80768

(b) Accommodations, supervision, and personal care services	80769
~~for only one or two unrelated adults; accommodations, supervision,~~	80770
~~and personal care services for three to sixteen unrelated adults;~~	80771
~~or accommodations, supervision, and personal care services for one~~	80772
~~or two of the following unrelated persons:~~	80773

~~(i) Persons of any age with mental illness who are referred~~	80774
~~by or are receiving community mental health services from a~~	80775
~~community mental health agency, hospital, or practitioner;~~	80776

~~(ii) Persons of any age with severe mental disabilities who~~	80777
~~are referred by or are receiving community mental health services~~	80778
~~from a community mental health agency, hospital, or practitioner~~	80779
to any of the following:	80780

(i) One or two unrelated persons with mental illness or	80781
persons with severe mental disabilities who are referred by or are	80782
receiving mental health services from a community mental health	80783
services provider, hospital, or practitioner;	80784

(ii) One or two unrelated adults who are receiving	80785
residential state supplement payments;	80786

(iii) Three to sixteen unrelated adults.

80787

(c) Room and board for five or more ~~of the following~~	80788
unrelated ~~persons:~~	80789

~~(i) Adults~~adults with mental illness or severe mental	80790
disability who are referred by or are receiving community mental	80791
health services from a community mental health ~~agency,~~services	80792
provider, hospital, or practitioner;	80793

~~(ii) Adults with severe mental disabilities who are referred~~	80794
~~by or are receiving community mental health services from a~~	80795
~~community mental health agency, hospital, or practitioner~~.	80796

(10) "Residential facility" does not include any of the	80797
following:	80798

(a) A hospital subject to licensure under section ~~5119.20~~	80799
5119.33 of the Revised Code;	80800

(b) A residential facility licensed under section 5123.19 of	80801
the Revised Code or otherwise regulated by the department of	80802
developmental disabilities;	80803

(c) An institution or association subject to certification	80804
under section 5103.03 of the Revised Code;	80805

(d) A facility operated by a hospice care program licensed	80806
under section 3712.04 of the Revised Code that is used exclusively	80807
for care of hospice patients;	80808

(e) ~~A facility operated by a pediatric respite care program~~	80809
~~licensed under section 3712.041 of the Revised Code that is used~~	80810
~~exclusively for care of pediatric respite care patients;~~	80811

~~(f)~~ A nursing home, residential care facility, or home for	80812
the aging as defined in section 3721.02 of the Revised Code;	80813

~~(g) An alcohol~~(f) Alcohol or drug addiction ~~program as~~	80814
~~defined in~~services certified pursuant to section ~~3793.01~~5119.36	80815
of the Revised Code;	80816

~~(h)~~(g) A facility licensed to provide methadone treatment	80817
under section ~~3793.11~~5119.39 of the Revised Code;	80818

~~(i)~~(h) Any facility that receives funding for operating costs	80819
from the ~~department of~~ development services agency under any	80820
program established to provide emergency shelter housing or	80821
transitional housing for the homeless;	80822

~~(j)~~(i) A terminal care facility for the homeless that has	80823
entered into an agreement with a hospice care program under	80824
section 3712.07 of the Revised Code;	80825

~~(k)~~(j) A facility approved by the veterans administration	80826
under section 104(a) of the "Veterans Health Care Amendments of	80827
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used	80828
exclusively for the placement and care of veterans.	80829

(11) "Room and board" means the provision of sleeping and	80830
living space, meals or meal preparation, laundry services,	80831
housekeeping services, or any combination thereof.	80832

(12) "Residential state supplement" means the program	80833
administered under section 5119.41 of the Revised Code and related	80834
provisions of the Administrative Code under which the state	80835
supplements the supplemental security income payments received by	80836
aged, blind, or disabled adults under Title XVI of the Social	80837
Security Act. Residential state supplement payments are used for	80838
the provision of accommodations, supervision, and personal care	80839
services to supplemental security income recipients the department	80840
of mental health and addition services determines are at risk of	80841
needing institutional care.	80842

(13) "Supervision" means any of the following:

80843

(a) Observing a resident to ensure the resident's health,	80844
safety, and welfare while the resident engages in activities of	80845
daily living or other activities;	80846

(b) Reminding a resident to perform or complete an activity,	80847
such as reminding a resident to engage in personal hygiene or	80848
other self-care activities;	80849

80850

~~(13)~~(14) "Unrelated" means that a resident is not related to	80851
the owner or operator of a residential facility or to the owner's	80852
or operator's spouse as a parent, grandparent, child, stepchild,	80853
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	80854
the child of an aunt or uncle.	80855

(B) Nothing in division (A)(9) of this section shall be	80856
construed to permit personal care services to be imposed on a	80857
resident who is capable of performing the activity in question	80858
without assistance.	80859

(C) Except in the case of a residential facility described in	80860
division (A)(9)(a) of this section, members of the staff of a	80861
residential facility shall not administer medication to the	80862
facility's residents, but may do any of the following:	80863

(1) Remind a resident when to take medication and watch to	80864
ensure that the resident follows the directions on the container;	80865

(2) Assist a resident in the self-administration of	80866
medication by taking the medication from the locked area where it	80867
is stored, in accordance with rules adopted pursuant to this	80868
section, and handing it to the resident. If the resident is	80869
physically unable to open the container, a staff member may open	80870
the container for the resident.	80871

(3) Assist a physically impaired but mentally alert resident,	80872
such as a resident with arthritis, cerebral palsy, or Parkinson's	80873
disease, in removing oral or topical medication from containers	80874
and in consuming or applying the medication, upon request by or	80875
with the consent of the resident. If a resident is physically	80876
unable to place a dose of medicine to the resident's mouth without	80877
spilling it, a staff member may place the dose in a container and	80878
place the container to the mouth of the resident.	80879

(D)(1) Except as provided in division (D)(2) of this section,	80880
a person operating or seeking to operate a residential facility	80881
shall apply for licensure of the facility to the department of	80882
~~mental health~~mental health and addiction services. The	80883
application shall be submitted by the operator. When applying for	80884
the license, the applicant shall pay to the department the	80885
application fee specified in rules adopted under division ~~(L)~~(K)	80886
of this section. The fee is nonrefundable.	80887

The department shall send a copy of an application to the	80888
ADAMHS board serving the county in which the person operates or	80889
seeks to operate the facility. The ADAMHS board shall review the	80890
application and provide to the department any information about	80891
the applicant or the facility that the board would like the	80892
department to consider in reviewing the application.	80893

(2) A person may not apply for a license to operate a	80894
residential facility if the person is or has been the owner,	80895
operator, or manager of a residential facility for which a license	80896
to operate was revoked or for which renewal of a license was	80897
refused for any reason other than nonpayment of the license	80898
renewal fee, unless both of the following conditions are met:	80899

(a) A period of not less than two years has elapsed since the	80900
date the director of ~~mental health~~mental health and addiction	80901
services issued the order revoking or refusing to renew the	80902
facility's license.	80903

(b) The director's revocation or refusal to renew the license	80904
was not based on an act or omission at the facility that violated	80905
a resident's right to be free from abuse, neglect, or	80906
exploitation.	80907

(E)(1) ~~Any person may operate a residential facility~~	80908
~~providing accommodations and personal care services for one to~~	80909
~~five unrelated persons and licensed as a residential facility that~~	80910
~~meets the criteria specified in division (A)(9)(b) of this section~~	80911
~~as a permitted use in any residential district or zone, including~~	80912
~~any single-family residential district or zone of any political~~	80913
~~subdivision. Such facilities may be required to comply with area,~~	80914
~~height, yard, and architectural compatibility requirements that~~	80915
~~are uniformly imposed upon all single-family residences within the~~	80916
~~district or zone.~~	80917

~~(2) Any person may operate a residential facility providing~~	80918
~~accommodations and personal care services for six to sixteen~~	80919
~~persons and licensed as a residential facility that meets the~~	80920
~~criteria specified in division (A)(9)(b) of this section as a~~	80921
~~permitted use in any multiple-family residential district or zone~~	80922
~~of any political subdivision, except that a political subdivision~~	80923
~~that has enacted a zoning ordinance or resolution establishing~~	80924
~~planned-unit development districts as defined in section 519.021~~	80925
~~of the Revised Code may exclude such facilities from such~~	80926
~~districts, and a political subdivision that has enacted a zoning~~	80927
~~ordinance or resolution may regulate such facilities in~~	80928
~~multiple-family residential districts or zones as a conditionally~~	80929
~~permitted use or special exception, in either case, under~~	80930
~~reasonable and specific standards and conditions set out in the~~	80931
~~zoning ordinance or resolution to:~~	80932

~~(a) Require the architectural design and site layout of the~~	80933
~~home and the location, nature, and height of any walls, screens,~~	80934
~~and fences to be compatible with adjoining land uses and the~~	80935
~~residential character of the neighborhood;~~	80936

~~(b) Require compliance with yard, parking, and sign~~	80937
~~regulation.~~	80938

~~(3) Divisions (E)(1) and (2) of this section do not affect~~	80939
~~any right of a political subdivision to permit a person to operate~~	80940
~~a residential facility licensed under this section in a~~	80941
~~single-family residential district or zone under conditions~~	80942
~~established by the political subdivision.~~	80943

~~(4)(a) Notwithstanding divisions (E)(1) and (2) of this~~	80944
~~section and except as provided in division (E)(4)(b) of this~~	80945
~~section, a political subdivision that has enacted a zoning~~	80946
~~ordinance or resolution may limit the excessive concentration of~~	80947
~~licensed residential facilities that meet the criteria specified~~	80948
~~in division (A)(9)(b) of this section.~~	80949

~~(b) Division (E)(4)(a) of this section does not authorize a~~	80950
~~political subdivision to prevent or limit the continued existence~~	80951
~~and operation of residential facilities existing and operating on~~	80952
~~September 10, 2012, and that meet the criteria specified in~~	80953
~~division (A)(9)(b) of this section. A political subdivision may~~	80954
~~consider the existence of such facilities for the purpose of~~	80955
~~limiting the excessive concentration of such facilities that meet~~	80956
~~the criteria specified in division (A)(9)(b) of this section that~~	80957
~~are not existing and operating on September 10, 2012.~~	80958

~~(F)(1)~~ The department of ~~mental health~~mental health and	80959
addiction services shall inspect and license the operation of	80960
residential facilities. The department shall consider the past	80961
record of the facility and the applicant or licensee in arriving	80962
at its licensure decision.	80963

The department may issue full, probationary, and interim	80964
licenses. A full license shall expire ~~two~~up to three years after	80965
the date of issuance, a probationary license shall expire in a	80966
shorter period of time as specified in rules adopted by the	80967
director of mental health under division ~~(L)~~(K) of this section,	80968
and an interim license shall expire ninety days after the date of	80969
issuance. A license may be renewed in accordance with rules	80970
adopted by the director under division ~~(L)~~(K) of this section. The	80971
renewal application shall be submitted by the operator. When	80972
applying for renewal of a license, the applicant shall pay to the	80973
department the renewal fee specified in rules adopted under	80974
division ~~(L)~~(K) of this section. The fee is nonrefundable.	80975

(2) The department may issue an order suspending the	80976
admission of residents to the facility or refuse to issue or renew	80977
and may revoke a license if it finds the facility is not in	80978
compliance with rules adopted by the director pursuant to division	80979
~~(L)~~(K) of this section or if any facility operated by the	80980
applicant or licensee has been cited for repeated violations of	80981
statutes or rules during the period of previous licenses.	80982
Proceedings initiated to deny applications for full or	80983
probationary licenses or to revoke such licenses are governed by	80984
Chapter 119. of the Revised Code.	80985

~~(G)~~(F) The department may issue an interim license to operate	80986
a residential facility if both of the following conditions are	80987
met:	80988

(1) The department determines that the closing of or the need	80989
to remove residents from another residential facility has created	80990
an emergency situation requiring immediate removal of residents	80991
and an insufficient number of licensed beds are available.	80992

(2) The residential facility applying for an interim license	80993
meets standards established for interim licenses in rules adopted	80994
by the director under division ~~(L)~~(K) of this section.	80995

An interim license shall be valid for ninety days and may be	80996
renewed by the director no more than twice. Proceedings initiated	80997
to deny applications for or to revoke interim licenses under this	80998
division are not subject to Chapter 119. of the Revised Code.	80999

~~(H)~~(G)(1) The department of ~~mental health~~mental health and	81000
addiction services may conduct an inspection of a residential	81001
facility as follows:	81002

(a) Prior to issuance of a license for the facility;

81003

(b) Prior to renewal of the license;

81004

(c) To determine whether the facility has completed a plan of	81005
correction required pursuant to division ~~(H)~~(G)(2) of this section	81006
and corrected deficiencies to the satisfaction of the department	81007
and in compliance with this section and rules adopted pursuant to	81008
it;	81009

(d) Upon complaint by any individual or agency;

81010

(e) At any time the director considers an inspection to be	81011
necessary in order to determine whether the facility is in	81012
compliance with this section and rules adopted pursuant to this	81013
section.	81014

(2) In conducting inspections the department may conduct an	81015
on-site examination and evaluation of the residential facility and	81016
its personnel, activities, and services. The department shall have	81017
access to examine and copy all records, accounts, and any other	81018
documents relating to the operation of the residential facility,	81019
including records pertaining to residents, and shall have access	81020
to the facility in order to conduct interviews with the operator,	81021
staff, and residents. Following each inspection and review, the	81022
department shall complete a report listing any deficiencies, and	81023
including, when appropriate, a time table within which the	81024
operator shall correct the deficiencies. The department may	81025
require the operator to submit a plan of correction describing how	81026
the deficiencies will be corrected.	81027

~~(I)~~(H) No person shall do any of the following:

81028

(1) Operate a residential facility unless the facility holds	81029
a valid license;	81030

(2) Violate any of the conditions of licensure after having	81031
been granted a license;	81032

(3) Interfere with a state or local official's inspection or	81033
investigation of a residential facility;	81034

(4) Violate any of the provisions of this section or any	81035
rules adopted pursuant to this section.	81036

~~(J)~~(I) The following may enter a residential facility at any	81037
time:	81038

(1) Employees designated by the director of ~~mental health~~	81039
mental health and addiction services;	81040

(2) Employees of an ADAMHS board under either of the	81041
following circumstances:	81042

(a) When a resident of the facility is receiving services	81043
from a community mental health ~~agency~~services provider under	81044
contract with that ADAMHS board or another ADAMHS board;	81045

(b) When authorized by section 340.05 of the Revised Code.

81046

(3) Employees of a community mental health ~~agency~~services	81047
provider under either of the following circumstances:	81048

(a) When the ~~agency~~services provider has a ~~client~~person	81049
receiving services residing in the facility;	81050

(b) When the ~~agency~~services provider is acting as an agent	81051
of an ADAMHS board other than the board with which it is under	81052
contract.	81053

(4) Representatives of the state long-term care ~~ombudsperson~~	81054
ombudsman program when the facility provides accommodations,	81055
supervision, and personal care services for three to sixteen	81056
unrelated adults or to one or two unrelated adults who are	81057
recipients under the residential state supplement program.	81058

The persons specified in division ~~(J)~~(I) of this section	81059
shall be afforded access to examine and copy all records,	81060
accounts, and any other documents relating to the operation of the	81061
residential facility, including records pertaining to residents.	81062

~~(K)~~(J) Employees of the department of ~~mental health~~mental	81063
health and addiction services may enter, for the purpose of	81064
investigation, any institution, residence, facility, or other	81065
structure which has been reported to the department as, or that	81066
the department has reasonable cause to believe is, operating as a	81067
residential facility without a valid license.	81068

~~(L)~~(K) The director shall adopt and may amend and rescind	81069
rules pursuant to Chapter 119. of the Revised Code governing the	81070
licensing and operation of residential facilities. The rules shall	81071
establish all of the following:	81072

(1) Minimum standards for the health, safety, adequacy, and	81073
cultural competency of treatment of and services for persons in	81074
residential facilities;	81075

(2) Procedures for the issuance, renewal, or revocation of	81076
the licenses of residential facilities;	81077

(3) Procedures for conducting criminal records checks for	81078
prospective or current operators, ~~staff~~employees, and ~~other~~	81079
~~individuals~~volunteers who~~, if employed by a residential~~	81080
~~facility, would~~may have ~~unsupervised~~direct access to facility	81081
residents;	81082

(4) The fee to be paid when applying for a new residential	81083
facility license or renewing the license;	81084

(5) Procedures for the operator of a residential facility to	81085
follow when notifying the ADAMHS board serving the county in which	81086
the facility is located when the facility is serving residents	81087
with mental illness or severe mental disability, including the	81088
circumstances under which the operator is required to make such a	81089
notification;	81090

(6) Procedures for the issuance and termination of orders of	81091
suspension of admission of residents to a residential facility;	81092

(7) Measures to be taken by residential facilities relative	81093
to residents' medication;	81094

(8) Requirements relating to preparation of special diets;

81095

(9) The maximum number of residents who may be served in a	81096
residential facility;	81097

(10) The rights of residents of residential facilities and	81098
procedures to protect such rights;	81099

(11) Procedures for obtaining an affiliation agreement	81100
approved by the board between a residential facility and a	81101
community mental health ~~agency~~services provider;	81102

(12) Standards and procedures under which the director may	81103
waive the requirements of any of the rules adopted.	81104

~~(M)~~(L)(1) The department may withhold the source of any	81105
complaint reported as a violation of this section when the	81106
department determines that disclosure could be detrimental to the	81107
department's purposes or could jeopardize the investigation. The	81108
department may disclose the source of any complaint if the	81109
complainant agrees in writing to such disclosure and shall	81110
disclose the source upon order by a court of competent	81111
jurisdiction.	81112

(2) Any person who makes a complaint under division ~~(M)~~(L)(1)	81113
of this section, or any person who participates in an	81114
administrative or judicial proceeding resulting from such a	81115
complaint, is immune from civil liability and is not subject to	81116
criminal prosecution, other than for perjury, unless the person	81117
has acted in bad faith or with malicious purpose.	81118

~~(N)~~(M)(1) The director of ~~mental health~~mental health and	81119
addiction services may petition the court of common pleas of the	81120
county in which a residential facility is located for an order	81121
enjoining any person from operating a residential facility without	81122
a license or from operating a licensed facility when, in the	81123
director's judgment, there is a present danger to the health or	81124
safety of any of the occupants of the facility. The court shall	81125
have jurisdiction to grant such injunctive relief upon a showing	81126
that the respondent named in the petition is operating a facility	81127
without a license or there is a present danger to the health or	81128
safety of any residents of the facility.	81129

(2) When the court grants injunctive relief in the case of a	81130
facility operating without a license, the court shall issue, at a	81131
minimum, an order enjoining the facility from admitting new	81132
residents to the facility and an order requiring the facility to	81133
assist with the safe and orderly relocation of the facility's	81134
residents.	81135

(3) If injunctive relief is granted against a facility for	81136
operating without a license and the facility continues to operate	81137
without a license, the director shall refer the case to the	81138
attorney general for further action.	81139

~~(O)~~(N) The director may fine a person for violating division	81140
~~(I)~~(H) of this section. The fine shall be five hundred dollars for	81141
a first offense; for each subsequent offense, the fine shall be	81142
one thousand dollars. The director's actions in imposing a fine	81143
shall be taken in accordance with Chapter 119. of the Revised	81144
Code.	81145

Sec. 5119.341. (A) Any person may operate a residential	81146
facility providing accommodations and personal care services for	81147
one to five unrelated persons and licensed as a residential	81148
facility that meets the criteria specified in division (A)(9)(b)	81149
of section 5119.34 of the Revised Code as a permitted use in any	81150
residential district or zone, including any single-family	81151
residential district or zone of any political subdivision. Such	81152
facilities may be required to comply with area, height, yard, and	81153
architectural compatibility requirements that are uniformly	81154
imposed upon all single-family residences within the district or	81155
zone.	81156

(B) Any person may operate a residential facility providing	81157
accommodations and personal care services for six to sixteen	81158
persons and licensed as a residential facility that meets the	81159
criteria specified in division (A)(9)(b) of section 5119.34 of the	81160
Revised Code as a permitted use in any multiple-family residential	81161
district or zone of any political subdivision, except that a	81162
political subdivision that has enacted a zoning ordinance or	81163
resolution establishing planned-unit developments as defined in	81164
section 519.021 of the Revised Code may exclude such facilities	81165
from such districts, and a political subdivision that has enacted	81166
a zoning ordinance or resolution may regulate such facilities in	81167
multiple-family residential districts or zones as a conditionally	81168
permitted use or special exception, in either case, under	81169
reasonable and specific standards and conditions set out in the	81170
zoning ordinance or resolution to:	81171

(1) Require the architectural design and site layout of the	81172
home and the location, nature, and height of any walls, screens,	81173
and fences to be compatible with adjoining land uses and the	81174
residential character of the neighborhood;	81175

(2) Require compliance with yard, parking, and sign	81176
regulation.	81177

(C) Divisions (A) and (B) of this section do not affect any	81178
right of a political subdivision to permit a person to operate a	81179
residential facility licensed under section 5119.34 of the Revised	81180
Code in a single-family residential district or zone under	81181
conditions established by the political subdivision.	81182

(D)(1) Notwithstanding divisions (A) and (B) of this section	81183
and except as provided in division (D)(2) of this section, a	81184
political subdivision that has enacted a zoning ordinance or	81185
resolution may limit the excessive concentration of licensed	81186
residential facilities that meet the criteria specified in	81187
division (A)(9)(b) of section 5119.34 of the Revised Code.	81188

(2) Division (D)(1) of this section does not authorize a	81189
political subdivision to prevent or limit the continued existence	81190
and operation of residential facilities existing and operating on	81191
September 10, 2012, and that meet the criteria specified in	81192
division (A)(9)(b) of section 5119.34 of the Revised Code. A	81193
political subdivision may consider the existence of such	81194
facilities for the purpose of limiting the excessive concentration	81195
of such facilities that meet the criteria specified in division	81196
(A)(9)(b) of section 5119.34 of the Revised Code that are not	81197
existing and operating on September 10, 2012.	81198

~~Sec. 5119.221.~~ Sec. 5119.342. (A) Upon petition by the director of	81199
~~mental health~~mental health and addiction services, the court of	81200
common pleas or the probate court may appoint a receiver to take	81201
possession of and operate a residential facility licensed pursuant	81202
to section ~~5119.22~~5119.34 of the Revised Code, when conditions	81203
existing at the residential facility present a substantial risk of	81204
physical or mental harm to residents and no other remedies at law	81205
are adequate to protect the health, safety, and welfare of the	81206
residents.	81207

Petitions filed pursuant to this section shall include:

81208

(1) A description of the specific conditions existing at the	81209
residential facility which present a substantial risk of physical	81210
or mental harm to residents;	81211

(2) A statement of the absence of other adequate remedies at	81212
law;	81213

(3) The number of individuals residing at the facility;

81214

(4) A statement that the facts have been brought to the	81215
attention of the owner or licensee and that conditions have not	81216
been remedied within a reasonable period of time or that the	81217
conditions, though remedied periodically, habitually exist at the	81218
residential facility as a pattern or practice; and	81219

(5) The name and address of the person holding the license	81220
for the residential facility.	81221

(B) A court in which a petition is filed pursuant to this	81222
section shall notify the person holding the license for the	81223
facility of the filing. The department shall send notice of the	81224
filing to the following, as appropriate: the Ohio protection and	81225
advocacy system as defined in section 5123.60 of the Revised Code;	81226
facility owner; facility operator; board of alcohol, drug	81227
addiction, and mental health services; board of health; department	81228
of developmental disabilities; department of job and family	81229
services; facility residents; and residents' families and	81230
guardians. The court shall provide a hearing on the petition	81231
within five court days of the time it was filed, except that the	81232
court may appoint a receiver prior to that time if it determines	81233
that the circumstances necessitate such action.	81234

Following a hearing on the petition, and upon a determination	81235
that the appointment of a receiver is warranted, the court shall	81236
appoint a receiver and notify the department of ~~mental health~~	81237
mental health and addiction services and appropriate persons of	81238
this action.	81239

In setting forth the powers of the receiver, the court may	81240
generally authorize the receiver to do all that is prudent and	81241
necessary to safely and efficiently operate the residential	81242
facility within the requirements of state and federal law, but	81243
shall require the receiver to obtain court approval prior to	81244
making any single expenditure of more than five thousand dollars	81245
to correct deficiencies in the structure or furnishings of a	81246
facility. The court shall closely review the conduct of the	81247
receiver and shall require regular and detailed reports.	81248

(C) A receivership established pursuant to this section shall	81249
be terminated, following notification of the appropriate parties	81250
and a hearing, if the court determines either of the following:	81251

(1) The residential facility has been closed and the former	81252
residents have been relocated to an appropriate facility;	81253

(2) Circumstances no longer exist at the residential facility	81254
which present a substantial risk of physical or mental harm to	81255
residents, and there is no deficiency in the residential facility	81256
that is likely to create a future risk of harm.	81257

Notwithstanding division (C)(2) of this section, the court	81258
shall not terminate a receivership for a residential facility that	81259
has previously operated under another receivership unless the	81260
responsibility for the operation of the facility is transferred to	81261
an operator approved by the court and the department of ~~mental~~	81262
~~health~~mental health and addiction services.	81263

(D) Except for the department of ~~mental health~~mental health	81264
and addiction services or appropriate board of alcohol, drug	81265
addiction, and mental health services, no party or person	81266
interested in an action shall be appointed a receiver pursuant to	81267
this section.	81268

To assist the court in identifying persons qualified to be	81269
named as receivers, the director of ~~the department of mental~~	81270
~~health~~mental health and addiction services shall maintain a list	81271
of the names of such persons. The department of ~~mental health~~	81272
mental health and addiction services, the department of job and	81273
family services, and the department of health shall provide	81274
technical assistance to any receiver appointed pursuant to this	81275
section.	81276

Before entering upon the duties of receiver, the receiver	81277
must be sworn to perform the duties faithfully, and, with surety	81278
approved by the court, judge, or clerk, execute a bond to such	81279
person, and in such sum as the court or judge directs, to the	81280
effect that such receiver will faithfully discharge the duties of	81281
receiver in the action, and obey the orders of the court therein.	81282

(1) Under the control of the appointing court, a receiver may	81283
do the following:	81284

(a) Bring and defend actions in the appointee's name as	81285
receiver;	81286

(b) Take and keep possession of property.

81287

(2) The court shall authorize the receiver to do the	81288
following:	81289

(a) Collect payment for all goods and services provided to	81290
the residents or others during the period of the receivership at	81291
the same rate as was charged by the licensee at the time the	81292
petition for receivership was filed, unless a different rate is	81293
set by the court;	81294

(b) Honor all leases, mortgages, and secured transactions	81295
governing all buildings, goods, and fixtures of which the receiver	81296
has taken possession, but, in the case of a rental agreement only	81297
to the extent of payments that are for the use of the property	81298
during the period of the receivership, or, in the case of a	81299
purchase agreement, only to the extent that payments come due	81300
during the period of the receivership;	81301

(c) If transfer of residents is necessary, provide for the	81302
orderly transfer of residents by:	81303

(i) Cooperating with all appropriate state and local agencies	81304
in carrying out the transfer of residents to alternative community	81305
placements;	81306

(ii) Providing for the transportation of residents'	81307
belongings and records;	81308

(iii) Helping to locate alternative placements and develop	81309
plans for transfer;	81310

(iv) Encouraging residents or guardians to participate in	81311
transfer planning except when an emergency exists and immediate	81312
transfer is necessary.	81313

(d) Make periodic reports on the status of the residential	81314
facility to the court; the appropriate state agencies; and the	81315
board of alcohol, drug addiction, and mental health services. Each	81316
report shall be made available to residents, their guardians, and	81317
families.	81318

(e) Compromise demands or claims; and

81319

(f) Generally do such acts respecting the residential	81320
facility as the court authorizes.	81321

Notwithstanding any other provision of law, contracts which	81322
are necessary to carry out the powers and duties of the receiver	81323
need not be competitively bid.	81324

~~Sec. 5119.611.~~ Sec. 5119.36. (A) A community mental health ~~agency~~	81325
services provider applicant or community addiction services	81326
provider applicant that seeks certification of its community	81327
mental health services or community addiction services shall	81328
submit an application to the director of ~~mental health~~mental	81329
health and addiction services. On receipt of the application, the	81330
director may ~~visit~~conduct an on-site review and shall evaluate	81331
the ~~agency~~provider to determine whether its services satisfy the	81332
standards established by rules adopted under division ~~(C)~~(E) of	81333
this section. The director shall make the evaluation, and, if the	81334
director ~~visits~~conducts an on-site review of the ~~agency~~	81335
provider, ~~shall~~may make the ~~visit~~review, in cooperation with	81336
the board of alcohol, drug addiction, and mental health services	81337
with which the ~~agency~~provider seeks to contract under division	81338
(A)(8)(a) of section 340.03 of the Revised Code.	81339

(B) Subject to section ~~5119.612~~5119.37 of the Revised Code,	81340
the director shall determine whether the services of an	81341
~~applicant's community mental health agency~~applicant satisfy the	81342
standards for certification of the services. If the director	81343
determines that a community mental health ~~agency's~~ services	81344
provider's or a community addiction services provider's services	81345
satisfy the standards for certification and the ~~agency~~provider	81346
has paid the fee required under division (D) of this section, the	81347
director shall certify the services. No community mental health	81348
services provider or community addiction services provider shall	81349
be eligible to receive state or federal funds, or funds	81350
administered by an alcohol, drug addiction, and mental health	81351
services board unless its services have been certified by the	81352
department.	81353

(C) If the director determines that a community mental health	81354
~~agency's~~ services provider's or a community addiction services	81355
provider's services do not satisfy the standards for	81356
certification, the director shall identify the areas of	81357
noncompliance, specify what action is necessary to satisfy the	81358
standards, and may offer technical assistance to the provider and	81359
to the board of alcohol, drug addiction, and mental health	81360
services so that the board may assist the ~~agency~~provider in	81361
satisfying the standards. The director shall give the ~~agency~~	81362
provider a reasonable time within which to demonstrate that its	81363
services satisfy the standards or to bring the services into	81364
compliance with the standards. If the director concludes that the	81365
services continue to fail to satisfy the standards, the director	81366
may request that the board reallocate ~~the~~any funds for the	81367
~~community~~ mental health or addiction services the ~~agency~~provider	81368
was to provide to another community mental health ~~agency~~or	81369
addiction services provider whose community mental health or	81370
community addiction services satisfy the standards. If the board	81371
does not reallocate ~~those~~such funds in a reasonable period of	81372
time, the director may withhold state and federal funds for the	81373
~~community mental health~~ services and allocate those funds directly	81374
to a community mental health ~~agency~~or community addiction	81375
services provider whose ~~community mental health~~ services satisfy	81376
the standards.	81377

(D) Each community mental health ~~agency~~services provider or	81378
community addiction services provider seeking certification of its	81379
~~community~~ mental health or addiction services under this section	81380
shall pay a fee for the certification required by this section,	81381
unless the provider is exempt under rules adopted under division	81382
(E) of this section. Fees shall be paid into the state treasury to	81383
the credit of the sale of goods and services fund created pursuant	81384
to section ~~5119.161~~5119.45 of the Revised Code.	81385

(E) The director shall adopt rules in accordance with Chapter	81386
119. of the Revised Code to implement this section. The rules	81387
shall do all of the following:	81388

(1) Establish certification standards for ~~community~~ mental	81389
health services~~, including assertive community treatment and~~	81390
~~intensive home-based mental health services,~~and addiction	81391
services that are consistent with nationally recognized applicable	81392
standards and facilitate participation in federal assistance	81393
programs. The rules shall include as certification standards only	81394
requirements that improve the quality of services or the health	81395
and safety of ~~clients of~~persons receiving community mental health	81396
and addiction services. The standards shall address at a minimum	81397
all of the following:	81398

(a) Reporting major unusual incidents to the director;

81399

(b) Procedures for applicants for and ~~clients of~~persons	81400
receiving community mental health and addiction services to file	81401
grievances and complaints;	81402

81403

(d) Restraint;

81404

(e) Development of written policies addressing the rights of	81405
~~clients~~persons receiving services, including all of the	81406
following:	81407

(i) The right to a copy of the written policies addressing	81408
~~client~~the rights of persons receiving services;	81409

(ii) The right at all times to be treated with consideration	81410
and respect for the ~~client's~~person's privacy and dignity;	81411

(iii) The right to have access to the ~~client's~~person's own	81412
psychiatric, medical, or other treatment records unless access is	81413
specifically restricted in the ~~client's~~person's treatment plan	81414
for clear treatment reasons;	81415

(iv) The right to have a client rights officer provided by	81416
the ~~agency~~services provider or board of alcohol, drug addiction,	81417
and mental health services advise the ~~client~~person of the	81418
~~client's~~person's rights, including the ~~client's~~person's rights	81419
under Chapter 5122. of the Revised Code if the ~~client~~person is	81420
committed to the ~~agency~~provider or board.	81421

(2) ~~Establish standards for qualifications of mental health~~	81422
~~professionals as defined in section 340.02 of the Revised Code and~~	81423
~~personnel who provide the community mental health services;~~	81424

~~(3)~~ Establish the process for certification of community	81425
mental health and addiction services;	81426

~~(4)~~(3) Set the amount of certification review fees ~~based on a~~	81427
~~portion of the cost of performing the review~~;	81428

~~(5)~~(4) Specify the type of notice and hearing to be provided	81429
prior to a decision on whether to reallocate funds.	81430

~~Sec. 5119.613.~~ Sec. 5119.361. The director of ~~mental health~~mental	81431
health and addiction services shall require that each board of	81432
alcohol, drug addiction, and mental health services ensure that	81433
each community mental health ~~agency~~services provider and	81434
community addiction services provider with which it contracts	81435
under division (A)(8)(a) of section 340.03 of the Revised Code to	81436
provide community mental health or addiction services establish	81437
grievance procedures consistent with rules adopted under section	81438
~~5119.611~~5119.36 of the Revised Code that are available to all	81439
~~applicants for and clients of the~~persons seeking or receiving	81440
services from a community mental health or addiction services	81441
provider.	81442

~~Sec. 5119.612.~~ Sec. 5119.37. (A) In lieu of a determination by the	81443
director of ~~mental health~~mental health and addiction services of	81444
whether the services of a community mental health ~~agency~~services	81445
provider or a community addiction services provider satisfy the	81446
standards for certification under section ~~5119.611~~5119.36 of the	81447
Revised Code, the director shall accept appropriate accreditation	81448
of an applicant's mental health services, alcohol and drug	81449
addiction services, integrated mental health and alcohol and other	81450
drug addiction services, or integrated mental health and physical	81451
health services, or integrated alcohol and other drug addiction	81452
and physical health services being provided in this state from any	81453
of the following national accrediting organizations as evidence	81454
that the applicant satisfies the standards for certification:	81455

(1) The joint commission;

81456

(2) The commission on accreditation of rehabilitation	81457
facilities;	81458

(3) The council on accreditation.

81459

(B) If the director determines that an applicant's	81460
accreditation is current, is appropriate for the services for	81461
which the applicant is seeking certification, and the applicant	81462
meets any other requirements established under this section or in	81463
rules adopted under this section, the director shall certify the	81464
applicant's services that are accredited. Except as provided in	81465
division (C)(2) of this section, the director shall issue the	81466
certification without further evaluation of the services.	81467

81468

(1) The director may review the accrediting organizations	81469
listed in division (A) of this section to evaluate whether the	81470
accreditation standards and processes used by the organizations	81471
are consistent with service delivery models the director considers	81472
appropriate for mental health services, alcohol or other drug	81473
addiction services, physical health services, or both. The	81474
director may communicate to an accrediting organization any	81475
identified concerns, trends, needs, and recommendations.	81476

(2) The director may ~~visit~~conduct an on-site review or	81477
otherwise evaluate a community mental health ~~agency~~services	81478
provider or a community addiction services provider at any time	81479
based on cause, including complaints made by or on behalf of	81480
~~consumers~~persons receiving services and confirmed or alleged	81481
deficiencies brought to the attention of the director.	81482

(3) The director shall require a community mental health	81483
~~agency~~services provider and a community addiction services	81484
provider to notify the director not later than ten days after any	81485
change in the ~~agency's~~provider's accreditation status. The ~~agency~~	81486
provider may notify the director by providing a copy of the	81487
relevant document the ~~agency~~provider received from the	81488
accrediting organization.	81489

(4) The director shall require a community mental health	81490
~~agency~~services provider and a community addiction services	81491
provider to submit to the director reports of major unusual	81492
incidents.	81493

(5) The director may require a community mental health ~~agency~~	81494
services provider or a community addiction services provider to	81495
submit to the director cost reports pertaining to the ~~agency~~	81496
provider.	81497

(D) The director shall adopt rules in accordance with Chapter	81498
119. of the Revised Code to implement this section. In adopting	81499
the rules, the director shall do all of the following:	81500

(1) Specify the documentation that must be submitted as	81501
evidence of holding appropriate accreditation;	81502

(2) Establish a process by which the director may review the	81503
accreditation standards and processes used by the national	81504
accrediting organizations listed in division (A) of this section;	81505

(3) Specify the circumstances under which reports of major	81506
unusual incidents and ~~agency~~provider cost reports must be	81507
submitted to the director;	81508

(4) Specify the circumstances under which the director may	81509
~~visit~~conduct an on-site review or otherwise evaluate a community	81510
mental health ~~agency~~services provider and a community addiction	81511
services provider for cause;	81512

(5) Establish a process by which the director, based on	81513
deficiencies identified as a result of ~~visiting~~conducting an	81514
on-site review or evaluating a community mental health ~~agency~~	81515
services provider or a community addiction services provider under	81516
division (C)(2) of this section, may take any of a range of	81517
corrective actions, with the most stringent being revocation of	81518
the certification of the ~~agency's~~provider's services.	81519

~~Sec. 3793.10.~~ Sec. 5119.38. A drivers' intervention program may be	81520
used as an alternative to a term of imprisonment for an offender	81521
sentenced pursuant to division (G)(1)(a) of section 4511.19 of the	81522
Revised Code, if it is certified by the director of ~~alcohol and~~	81523
~~drug addiction services~~mental health and addiction services	81524
pursuant to this section. No drivers' intervention program shall	81525
be used as an alternative to a term of imprisonment that is	81526
imposed pursuant to division (G)(1)(b), (c), (d), or (e) of	81527
section 4511.19 of the Revised Code.	81528

To qualify for certification by the director and to receive	81529
funds from the statewide treatment and prevention fund created by	81530
section 4301.30 of the Revised Code in any amounts and at any	81531
times that the director determines are appropriate, a drivers'	81532
intervention program shall meet state minimum standards that the	81533
director shall establish by rule. The rules shall include, but are	81534
not limited to, standards governing program course hours and	81535
content, qualifications of program personnel, methods of	81536
identifying and testing participants to isolate participants with	81537
alcohol and drug abuse problems, referral of such persons to	81538
~~alcohol and drug~~community addiction ~~programs~~services providers,	81539
the prompt notification of courts by program operators of the	81540
completion of the programs by persons required by courts to attend	81541
them, and record keeping, including methods of tracking	81542
participants for a reasonable time after they have left the	81543
program.	81544

The director shall issue a certificate to any qualified	81545
drivers' intervention program. The certificate is valid for three	81546
years.	81547

~~Sec. 3793.11.~~ Sec. 5119.39. (A) No ~~alcohol and drug~~community	81548
addiction ~~program~~services provider shall employ methadone	81549
treatment or prescribe, dispense, or administer methadone unless	81550
the program is licensed under this section. No ~~alcohol and drug~~	81551
community addiction ~~program~~services provider licensed under this	81552
section shall maintain methadone treatment in a manner	81553
inconsistent with this section and the rules adopted under it.	81554

(B) ~~An alcohol and drug~~A community addiction ~~program~~	81555
services provider may apply to the department of ~~alcohol and drug~~	81556
~~addiction services~~mental health and addiction services for a	81557
license to maintain methadone treatment. The department shall	81558
review all applications received.	81559

(C) The department may issue a license to maintain methadone	81560
treatment to ~~an alcohol and drug~~community addiction ~~program~~	81561
services provider only if all of the following apply:	81562

(1) The ~~program~~provider is operated by a private, nonprofit	81563
organization or by a government entity;	81564

(2) For at least two years immediately preceding the date of	81565
application, the ~~program~~provider has been fully certified under	81566
section ~~3793.06~~5119.36 of the Revised Code;	81567

(3) The ~~program~~provider has not been denied a license to	81568
maintain methadone treatment or had its license withdrawn or	81569
revoked within the five-year period immediately preceding the date	81570
of application;	81571

(4) It affirmatively appears to the department that the	81572
~~program~~provider is adequately staffed and equipped to maintain	81573
methadone treatment;	81574

(5) It affirmatively appears to the department that the	81575
~~program~~provider will maintain methadone treatment in strict	81576
compliance with section 3719.61 of the Revised Code, all other	81577
laws relating to drug abuse, and the rules adopted by the	81578
department;	81579

(6) Except as provided in division (D) of this section, there	81580
is no public or private school, licensed child day-care center, or	81581
other child-serving agency within a radius of five hundred feet of	81582
the location where the program is to maintain methadone treatment.	81583

(D) The department may waive the requirement of division	81584
(C)(6) of this section if it receives, from each public or private	81585
school, licensed child day-care center, or other child-serving	81586
agency that is within the applicable radius of the location where	81587
the program is to maintain methadone treatment, a letter of	81588
support for the location. The department shall determine whether a	81589
letter of support is satisfactory for purposes of waiving the	81590
requirement.	81591

(E) A license to maintain methadone treatment shall expire	81592
one year from the date of issuance. Licenses may be renewed.	81593

(F) The department shall establish procedures and adopt rules	81594
for licensing, inspection, and supervision of ~~alcohol and drug~~	81595
community addiction ~~programs~~services providers that maintain	81596
methadone treatment. The rules shall establish standards for the	81597
control, storage, furnishing, use, and dispensing of methadone,	81598
prescribe minimum standards for the operation of the methadone	81599
treatment component of the ~~program,~~provider's operations and	81600
comply with federal laws and regulations.	81601

All rules adopted under this division shall be adopted in	81602
accordance with Chapter 119. of the Revised Code. All actions	81603
taken by the department regarding the licensing of ~~programs~~	81604
providers to maintain methadone treatment shall be conducted in	81605
accordance with Chapter 119. of the Revised Code, except as	81606
provided in division (L) of this section.	81607

(G) The department of ~~alcohol and drug addiction services~~	81608
mental health and addiction services shall inspect all ~~alcohol and~~	81609
~~drug~~community addiction ~~programs~~services providers licensed to	81610
maintain methadone treatment. Inspections shall be conducted at	81611
least annually and may be conducted more frequently. No person or	81612
government entity shall interfere with a state or local government	81613
official acting on behalf of the department while conducting an	81614
inspection.	81615

(H) An ~~alcohol and drug~~community addiction ~~program~~services	81616
provider shall not administer or dispense methadone in a tablet,	81617
powder, or intravenous form. Methadone shall be administered or	81618
dispensed only in a liquid form intended for ingestion. A ~~program~~	81619
services provider shall not administer or dispense methadone to an	81620
individual for pain or other medical reasons.	81621

(I) As used in this division, "program sponsor" means a	81622
person who assumes responsibility for the operation and employees	81623
of the methadone treatment component of ~~an alcohol and drug~~a	81624
community addiction ~~program~~services provider.	81625

~~An alcohol and drug~~A community addiction ~~program~~services	81626
provider shall not employ an individual who receives methadone	81627
treatment from that ~~program~~services provider. A program shall not	81628
permit an individual to act as a ~~program~~provider sponsor,	81629
medical director, or director of the ~~program~~provider if the	81630
individual is receiving methadone treatment from any ~~alcohol and~~	81631
~~drug~~community addiction ~~program~~services provider.	81632

(J) The department may issue orders to assure compliance with	81633
section 3719.61 of the Revised Code, all other laws relating to	81634
drug abuse, and the rules adopted under this section. Subject to	81635
section ~~3793.13~~5119.27 of the Revised Code, the department may	81636
hold hearings, require the production of relevant matter, compel	81637
testimony, issue subpoenas, and make adjudications. Upon failure	81638
of a person without lawful excuse to obey a subpoena or to produce	81639
relevant matter, the department may apply to a court of common	81640
pleas for an order compelling compliance.	81641

(K) The department may refuse to issue, or may withdraw or	81642
revoke, a license to maintain methadone treatment. A license may	81643
be refused if ~~an alcohol and drug~~a community addiction ~~program~~	81644
services provider does not meet the requirements of division (C)	81645
of this section. A license may be withdrawn at any time the	81646
department determines that the program no longer meets the	81647
requirements for receiving the license. A license may be revoked	81648
in accordance with division (L) of this section.	81649

In the case of a license issued prior to ~~the effective date~~	81650
~~of this amendment~~December 20, 2012, the department shall not	81651
consider the requirement of division (C)(6) of this section in	81652
determining whether to renew, withdraw, or revoke the license.	81653

(L) If the department of ~~alcohol and drug addiction services~~	81654
mental health and addiction services finds reasonable cause to	81655
believe that ~~an alcohol and drug~~a community addiction ~~program~~	81656
services provider licensed under this section is in violation of	81657
any provision of section 3719.61 of the Revised Code, or of any	81658
other state or federal law or rule relating to drug abuse, the	81659
department may issue an order immediately revoking the license,	81660
subject to division (M) of this section. The department shall set	81661
a date not more than fifteen days later than the date of the order	81662
of revocation for a hearing on the continuation or cancellation of	81663
the revocation. For good cause, the department may continue the	81664
hearing on application of any interested party. In conducting	81665
hearings, the department has all the authority and power set forth	81666
in division (J) of this section. Following the hearing, the	81667
department shall either confirm or cancel the revocation. The	81668
hearing shall be conducted in accordance with Chapter 119. of the	81669
Revised Code, except that the ~~program~~provider shall not be	81670
permitted to maintain methadone treatment pending the hearing or	81671
pending any appeal from an adjudication made as a result of the	81672
hearing. Notwithstanding any provision of Chapter 119. of the	81673
Revised Code to the contrary, a court shall not stay or suspend	81674
any order of revocation issued by the director under this division	81675
pending judicial appeal.	81676

(M) The department shall not revoke a license to maintain	81677
methadone treatment unless all ~~clients~~services recipients	81678
receiving methadone treatment from the ~~alcohol and drug~~community	81679
addiction ~~program~~services provider are provided adequate	81680
substitute treatment. For purposes of this division, the	81681
department may transfer the ~~clients~~services recipients to other	81682
programs licensed to maintain methadone treatment or replace any	81683
or all of the administrators and staff of the ~~program~~provider	81684
with representatives of the department who shall continue on a	81685
provisional basis the methadone treatment component of the	81686
program.	81687

(N) Each time the department receives an application from an	81688
~~alcohol and drug~~a community addiction ~~program~~services provider	81689
for a license to maintain methadone treatment, issues or refuses	81690
to issue a license, or withdraws or revokes a license, the	81691
department shall notify the board of alcohol, drug addiction, and	81692
mental health services of each alcohol, drug addiction, and mental	81693
health service district in which the ~~program is operated~~provider	81694
operates.	81695

(O) Whenever it appears to the department from files, upon	81696
complaint, or otherwise, that ~~an alcohol and drug~~a community	81697
addiction ~~program~~services provider has engaged in any practice	81698
declared to be illegal or prohibited by section 3719.61 of the	81699
Revised Code, or any other state or federal laws or regulations	81700
relating to drug abuse, or when the department believes it to be	81701
in the best interest of the public and necessary for the	81702
protection of the citizens of the state, the department may	81703
request criminal proceedings by laying before the prosecuting	81704
attorney of the proper county any evidence of criminality which	81705
may come to its knowledge.	81706

(P) The department shall maintain a current list of ~~alcohol~~	81707
~~and drug~~community addiction ~~programs~~services providers licensed	81708
by the department under this section and shall provide a copy of	81709
the current list to a judge of a court of common pleas who	81710
requests a copy for the use of the judge under division (H) of	81711
section 2925.03 of the Revised Code. The list of licensed ~~alcohol~~	81712
~~and drug~~community addiction ~~programs~~services providers shall	81713
identify each licensed ~~program~~provider by its name, its address,	81714
and the county in which it is located.	81715

~~Sec. 5119.061.~~ Sec. 5119.40. (A) As used in this section,	81716
"mentally ill individual" and "specialized services" have the same	81717
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	81718

(B)(1) Except as provided in division (B)(2) of this section	81719
and rules adopted under division (E)(3) of this section, for	81720
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	81721
department of ~~mental health~~mental health and addiction services	81722
shall determine in accordance with ~~section 1919(e)(7) of~~ the	81723
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1919(e)(7), 42	81724
U.S.C.~~A. 301~~1396r(e)(7), ~~as amended,~~ and regulations adopted	81725
under section 1919(f)(8)(A) of that act, 42 U.S.C. 1396r(f)(8)(A),	81726
whether, because of the individual's physical and mental	81727
condition, a mentally ill individual seeking admission to a	81728
nursing facility requires the level of services provided by a	81729
nursing facility and, if the individual requires that level of	81730
services, whether the individual requires specialized services for	81731
mental illness. The determination required by this division shall	81732
be based on an independent physical and mental evaluation	81733
performed by a person or entity other than the department.	81734

(2) AExcept as provided in division (B)(3) of this section,	81735
a determination under ~~this~~ division (B)(1) of this section is not	81736
required for any of the following:	81737

(a) An individual seeking readmission to a nursing facility	81738
after having been transferred from a nursing facility to a	81739
hospital for care;	81740

(b) An individual who meets all of the following conditions:

81741

(i) The individual is admitted to the nursing facility	81742
directly from a hospital after receiving inpatient care at the	81743
hospital;	81744

(ii) The individual requires nursing facility services for	81745
the condition for which care in the hospital was received;	81746

(iii) The individual's attending physician has certified,	81747
before admission to the nursing facility, that the individual is	81748
likely to require less than thirty days of nursing facility	81749
services.	81750

(c) An individual transferred from one nursing facility to	81751
another nursing facility, with or without an intervening hospital	81752
stay.	81753

(3) A determination under division (B)(1) of this section is	81754
required for an individual described in division (B)(2)(a) or (b)	81755
of this section if the hospital from which the individual is	81756
transferred or directly admitted to a nursing facility is either	81757
of the following:	81758

(a) A hospital that the department maintains, operates,	81759
manages, and governs under section 5119.14 of the Revised Code for	81760
the care and treatment of mentally ill persons;	81761

(b) A free-standing hospital, or unit of a hospital, licensed	81762
by the department under section 5119.33 of the Revised Code.	81763

(C) Except as provided in rules adopted under division	81764
~~(F)~~(E)(3) of this section, the department of ~~mental health~~mental	81765
health and addiction services shall review and determine for each	81766
resident of a nursing facility who is mentally ill, whether the	81767
resident, because of the resident's physical and mental condition,	81768
requires the level of services provided by a nursing facility and	81769
whether the resident requires specialized services for mental	81770
illness. The review and determination shall be conducted in	81771
accordance with section 1919(e)(7) of the "Social Security Act"	81772
and the regulations adopted under section 1919(f)(8)(A) of the act	81773
and based on an independent physical and mental evaluation	81774
performed by a person or entity other than the department. The	81775
review and determination shall be completed promptly after a	81776
nursing facility has notified the department that there has been a	81777
significant change in the resident's mental or physical condition.	81778

(D)(1) In the case of a nursing facility resident who has	81779
continuously resided in a nursing facility for at least thirty	81780
months before the date of a review and determination under	81781
division (C) of this section, if the resident is determined not to	81782
require the level of services provided by a nursing facility, but	81783
is determined to require specialized services for mental illness,	81784
the department, in consultation with the resident's family or	81785
legal representative and care givers, shall do all of the	81786
following:	81787

(a) Inform the resident of the institutional and	81788
noninstitutional alternatives covered under the state plan for	81789
medical assistance;	81790

(b) Offer the resident the choice of remaining in the nursing	81791
facility or receiving covered services in an alternative	81792
institutional or noninstitutional setting;	81793

(c) Clarify the effect on eligibility for services under the	81794
state plan for medical assistance if the resident chooses to leave	81795
the facility, including its effect on readmission to the facility;	81796

(d) Provide for or arrange for the provision of specialized	81797
services for the resident's mental illness in the setting chosen	81798
by the resident.	81799

(2) In the case of a nursing facility resident who has	81800
continuously resided in a nursing facility for less than thirty	81801
months before the date of the review and determination under	81802
division (C) of this section, if the resident is determined not to	81803
require the level of services provided by a nursing facility, but	81804
is determined to require specialized services for mental illness,	81805
or if the resident is determined to require neither the level of	81806
services provided by a nursing facility nor specialized services	81807
for mental illness, the department shall act in accordance with	81808
its alternative disposition plan approved by the United States	81809
department of health and human services under section	81810
1919(e)(7)(E) of the "Social Security Act."	81811

(3) In the case of an individual who is determined under	81812
division (B) or (C) of this section to require both the level of	81813
services provided by a nursing facility and specialized services	81814
for mental illness, the department of ~~mental health~~mental health	81815
and addiction services shall provide or arrange for the provision	81816
of the specialized services needed by the individual or resident	81817
while residing in a nursing facility.	81818

(E) The department of ~~mental health~~mental health and	81819
addiction services shall adopt rules in accordance with Chapter	81820
119. of the Revised Code that do all of the following:	81821

(1) Establish criteria to be used in making the	81822
determinations required by divisions (B) and (C) of this section.	81823
The criteria shall not exceed the criteria established by	81824
regulations adopted by the United States department of health and	81825
human services under section 1919(f)(8)(A) of the "Social Security	81826
Act."	81827

(2) Specify information to be provided by the individual or	81828
nursing facility resident being assessed;	81829

(3) Specify any circumstances, in addition to circumstances	81830
listed in division (B) of this section, under which determinations	81831
under divisions (B) and (C) of this section are not required to be	81832
made.	81833

~~Sec. 5119.69.~~ Sec. 5119.41. (A) As used in this section and	81834
section ~~5119.691~~5119.411 of the Revised Code:	81835

(1) ~~"Long-term care consultation program" means the program~~	81836
~~the department of aging is required to develop under section~~	81837
~~173.42 of the Revised Code.~~	81838

~~(2) "Long-term care consultation program administrator" or~~	81839
~~"administrator" means the department of aging or, if the~~	81840
~~department contracts with an area agency on aging or other entity~~	81841
~~to administer the long-term care consultation program for a~~	81842
~~particular area, that agency or entity.~~	81843

~~(3)~~ "Nursing facility" has the same meaning as in section	81844
~~5111.20~~5165.01 of the Revised Code.	81845

~~(4)~~(2) "Residential state supplement administrative agency"	81846
means the department of ~~mental health~~mental health and addiction	81847
services or, if the department designates an entity under division	81848
(C) of this section for a particular area, the designated entity.	81849

~~(5)~~(3) "Residential state supplement program" means the	81850
program administered pursuant to this section.	81851

(B) The department of ~~mental health~~mental health and	81852
addiction services shall implement the residential state	81853
supplement program under which the state supplements the	81854
supplemental security income payments received by aged, blind, or	81855
disabled adults under Title XVI of the "Social Security Act," 49	81856
~~Stat. 620 (1935),~~ 42 U.S.C.~~A., as amended~~1381 et seq. Residential	81857
state supplement payments shall be used for the provision of	81858
accommodations, supervision, and personal care services to social	81859
security, supplemental security income, and social security	81860
disability insurance recipients who the department determines are	81861
at risk of needing institutional care.	81862

(C) In implementing the program, the department may designate	81863
one or more entities to be responsible for providing	81864
administrative services regarding the program. The department may	81865
designate an entity to be a residential state supplement	81866
administrative agency under this division either by entering into	81867
a contract with the entity to serve in that capacity or by	81868
otherwise delegating to the entity the responsibility to serve in	81869
that capacity.	81870

(D) For an individual to be eligible for residential state	81871
supplement payments, all of the following must be the case:	81872

(1) Except as provided by division (H) of this section, the	81873
individual must reside in one of the following:	81874

(a) A ~~home or~~residential care facility~~, other than a nursing~~	81875
~~home or nursing home unit of a home for the aging,~~ licensed by the	81876
department of health under Chapter 3721. of the Revised Code or an	81877
assisted living program as defined in section 5111.89 of the	81878
Revised Code;	81879

(b) A residential facility as defined in division (A)(9)(b)	81880
of section ~~5119.22~~5119.34 of the Revised Code licensed by the	81881
department of ~~mental health~~mental health and addiction services;	81882

(c) An apartment or room used to provide community mental	81883
health housing services certified by the department of ~~mental~~	81884
~~health~~mental health and addiction services under section ~~5119.611~~	81885
5119.36 of the Revised Code and approved by a board of alcohol,	81886
drug addiction, and mental health services under division (A)(14)	81887
of section 340.03 of the Revised Code.	81888

(2) A residential state supplement administrative agency must	81889
have determined that the environment in which the individual will	81890
be living while receiving the payments is appropriate for the	81891
individual's needs. If the individual is eligible for social	81892
security payments, supplemental security income payments, or	81893
social security disability insurance benefits because of a mental	81894
disability, the residential state supplement administrative agency	81895
shall refer the individual to a community mental health ~~agency~~	81896
services provider for an assessment under division (A) of section	81897
340.091 of the Revised Code.	81898

(3) The individual satisfies all eligibility requirements	81899
established by rules adopted under division (E) of this section.	81900

(E) The ~~directors~~director of ~~mental health~~mental health and	81901
addiction services and ~~job and family services~~medicaid director	81902
shall adopt rules in accordance with section 111.15 of the Revised	81903
Code as necessary to implement the residential state supplement	81904
program.	81905

To the extent permitted by Title XVI of the "Social Security	81906
Act," and any other provision of federal law, the medicaid	81907
director ~~of job and family services~~ may adopt rules establishing	81908
standards for adjusting the eligibility requirements concerning	81909
the level of impairment a person must have so that the amount	81910
appropriated for the program by the general assembly is adequate	81911
for the number of eligible individuals. The rules shall not limit	81912
the eligibility of disabled persons solely on a basis classifying	81913
disabilities as physical or mental. The medicaid director ~~of job~~	81914
~~and family services~~ also may adopt rules that establish	81915
eligibility standards for aged, blind, or disabled individuals who	81916
reside in one of the homes or facilities specified in division	81917
(D)(1) of this section but who, because of their income, do not	81918
receive supplemental security income payments. The rules may	81919
provide that these individuals may include individuals who receive	81920
other types of benefits, including, social security payments or	81921
social security disability insurance benefits provided under Title	81922
II of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	81923
401, ~~as amended~~et seq. Notwithstanding division (B) of this	81924
section, such payments may be made if funds are available for	81925
them.	81926

The director of ~~mental health~~mental health and addiction	81927
services may adopt rules establishing the method to be used to	81928
determine the amount an eligible individual will receive under the	81929
program. The amount the general assembly appropriates for the	81930
program may be a factor included in the method that director	81931
establishes.	81932

(F) The county department of job and family services of the	81933
county in which an applicant for the residential state supplement	81934
program resides shall determine whether the applicant meets income	81935
and resource requirements for the program.	81936

(G) The department of ~~mental health~~mental health and	81937
addiction services shall maintain a waiting list of any	81938
individuals eligible for payments under this section but not	81939
receiving them because moneys appropriated to the department for	81940
the purposes of this section are insufficient to make payments to	81941
all eligible individuals. An individual may apply to be placed on	81942
the waiting list even though the individual does not reside in one	81943
of the homes or facilities specified in division (D)(1) of this	81944
section at the time of application. The director of ~~mental health~~	81945
mental health and addiction services, by rules adopted in	81946
accordance with Chapter 119. of the Revised Code, may specify	81947
procedures and requirements for placing an individual on the	81948
waiting list and priorities for the order in which individuals	81949
placed on the waiting list are to begin to receive residential	81950
state supplement payments. The rules specifying priorities may	81951
give priority to individuals placed on the waiting list on or	81952
after July 1, 2006, who receive social security payments, social	81953
security disability insurance, or supplemental security income	81954
benefits under Title XVI of the "Social Security Act," ~~86 Stat.~~	81955
~~1475 (1972),~~ 42 U.S.C. 1381, ~~as amended~~et seq. The rules shall	81956
not affect the place on the waiting list of any person who was on	81957
the list on July 1, 2006. The rules specifying priorities may also	81958
set additional priorities based on living arrangement, such as	81959
whether an individual resides in a facility listed in division	81960
(D)(1) of this section or has been admitted to a nursing facility.	81961

(H) An individual in a licensed or certified living	81962
arrangement receiving state supplementation on November 15, 1990,	81963
under former section 5101.531 of the Revised Code shall not become	81964
ineligible for payments under this section solely by reason of the	81965
individual's living arrangement as long as the individual remains	81966
in the living arrangement in which the individual resided on	81967
November 15, 1990.	81968

(I) The ~~department of mental health~~county department of job	81969
and family services from which the person is receiving benefits	81970
shall notify each person denied approval for payments under this	81971
section of the person's right to a hearing. On request, the	81972
hearing shall be provided in accordance with Chapter 119. of the	81973
Revised Code.	81974

~~Sec. 5119.691.~~ Sec. 5119.411. On a periodic schedule determined by	81975
the department of ~~mental health~~mental health and addiction	81976
services, each residential state supplement administrative agency	81977
shall determine whether individuals who reside in the area that	81978
the agency serves and are on a waiting list for the residential	81979
state supplement program have been admitted to a nursing facility.	81980
IfThe department shall have a process in place to ensure that if	81981
a residential state supplement administrative agency determines	81982
that such an individual has been admitted to a nursing facility,	81983
~~the agency shall notify the long-term care consultation program~~	81984
~~administrator serving the area in which the individual resides~~	81985
~~about the determination. The administrator shall determine~~there	81986
shall be a determination whether the residential state supplement	81987
program is appropriate for the individual and whether the	81988
individual would rather participate in the program than continue	81989
residing in the nursing facility. If ~~the administrator determines~~	81990
it is determined that the residential state supplement program is	81991
appropriate for the individual and the individual would rather	81992
participate in the program than continue residing in the nursing	81993
facility, the ~~administrator shall so notify the department of~~	81994
~~mental health. On receipt of the notice from the administrator,~~	81995
~~the~~ department of ~~mental health~~mental health and addiction	81996
services shall approve the individual's enrollment in the	81997
residential state supplement program in accordance with the	81998
priorities specified in rules adopted under division (G) of	81999
section ~~5119.69~~5119.41 of the Revised Code. Each quarter in which	82000
a waiting list is in place, the department of ~~mental health~~mental	82001
health and addiction services shall certify to the director of	82002
budget and management the estimated increase in costs of the	82003
residential state supplement program resulting from enrollment of	82004
individuals in the program pursuant to this section.	82005

~~Sec. 5119.63.~~ Sec. 5119.42. (A) As used in this section, "private,	82006
nonprofit organization" means a private association, organization,	82007
corporation, or other entity that is tax exempt under section	82008
501(a) and described in section 501(c) of the "Internal Revenue	82009
Code of 1986," 100 Stat. 2085, 26 U.S.C. 501.	82010

(B) To the extent funds are available and on application by	82011
boards of alcohol, drug addiction, and mental health services, the	82012
director of ~~mental health~~mental health and addiction services may	82013
approve state reimbursement of, or state grants for, community	82014
~~mental health~~ construction programs including residential housing	82015
for severely mentally disabled persons and persons with substance	82016
use disorders. The director may also approve an application for	82017
reimbursement or a grant for such programs submitted by other	82018
governmental entities or by private, nonprofit organizations,	82019
after the application has been reviewed and recommended for	82020
approval or disapproval by the board of alcohol, drug addiction,	82021
and mental health services for the district from which the	82022
application came, and the application is consistent with the plan	82023
submitted by the board under division (A) of section 340.03 of the	82024
Revised Code and the budget and statement of services submitted by	82025
the board under divisions (A) and (B) of section 340.08 of the	82026
Revised Code.	82027

(C)(1) The director of ~~mental health~~mental health and	82028
addiction services shall adopt rules in accordance with Chapter	82029
119. of the Revised Code that specify procedures for applying for	82030
state reimbursement of and state grants for community construction	82031
programs, including residential housing for severely mentally	82032
disabled persons and persons with substance use disorders and	82033
procedures and criteria for approval of such reimbursement and	82034
grants.	82035

(2) The director of ~~mental health~~mental health and addiction	82036
services shall not approve state reimbursement or a state grant	82037
unless all of the following conditions are met:	82038

(a) The applicant includes with the application a plan	82039
specifying the services, in addition to housing, that will be	82040
provided to persons who will reside in the residential housing.	82041
Services specified may include any of the services ~~listed~~	82042
described in section 340.09 of the Revised Code.	82043

(b) The director is satisfied that the residential housing	82044
for severely mentally disabled persons will be developed to	82045
promote the maximum practical integration of severely mentally	82046
disabled persons with persons at the same site who are not	82047
severely mentally disabled.	82048

(c) The use of any funds distributed pursuant to the	82049
reimbursement or grant will not subject any obligation from which	82050
the funds are derived to federal income taxation.	82051

(3) The director may enter into an agreement establishing	82052
terms for any reimbursement or grant approved under this division	82053
with the organization, board, or other government entity that is	82054
the recipient of the reimbursement or grant. Any such agreement is	82055
subject to any covenant or agreement pertaining to any obligation	82056
issued to provide funds for the reimbursement or grant.	82057

~~Sec. 5119.631.~~ Sec. 5119.421. (A) This section applies to a board	82058
of alcohol, drug addiction, and mental health services, another	82059
governmental entity, or a private, nonprofit organization that	82060
received a grant or reimbursement under section ~~5119.63~~5119.42 of	82061
the Revised Code for a facility on which the department of ~~mental~~	82062
~~health~~mental health and addiction services holds a security	82063
interest.	82064

(B) A board of alcohol, drug addiction, and mental health	82065
services, another governmental entity, or a private, nonprofit	82066
organization to which this section applies may apply to the	82067
director of ~~mental health~~mental health and addiction services for	82068
approval to sell its facility and acquire, construct, or renovate	82069
a replacement facility pursuant to this section. The director	82070
shall prescribe the form of the application. Before submitting an	82071
application to the director, a governmental entity or private,	82072
nonprofit organization must obtain approval of the application	82073
from the board of alcohol, drug addiction, and mental health	82074
services with jurisdiction over the service district in which the	82075
existing facility is located. The director shall approve an	82076
application for a replacement project upon determining that the	82077
project provides for the continuation of appropriate mental health	82078
and addiction services to the population served by the board,	82079
entity, or organization.	82080

(C) A board, entity, or organization that obtains approval	82081
for a project under division (B) of this section shall pay the	82082
proceeds of the sale of its facility to the director of ~~mental~~	82083
~~health~~mental health and addiction services. The director shall	82084
deposit the proceeds to the credit of the community capital	82085
replacement facilities fund.	82086

(D) When a board, entity, or organization that has sold its	82087
facility notifies the director of ~~mental health~~mental health and	82088
addiction services that it is ready to acquire, construct, or	82089
renovate a replacement facility, the director shall do one of the	82090
following:	82091

(1) If the replacement facility is located in the same	82092
alcohol, drug addiction, and mental health service district as the	82093
original facility, and if the purposes for which the replacement	82094
facility will be used are the same as or similar to those for the	82095
original facility, the director shall pay to the board, entity, or	82096
organization from the community capital replacement facilities	82097
fund an amount equal to the lesser of an amount equal to the	82098
proceeds of the sale of the original facility or the amount of the	82099
state's agreed-upon participation (as a per cent of the total	82100
cost) in the cost of the replacement facility. If the amount of	82101
the state's agreed-upon participation in the cost of the	82102
replacement facility is less than the value of the state's	82103
security interest in the original facility, the difference between	82104
the state's agreed-upon participation in the cost of the	82105
replacement facility and the value of the state's security	82106
interest in the original facility shall be retained in the	82107
community capital replacement facilities fund, and any excess	82108
proceeds shall be paid to the board, entity, or organization.	82109

(2) If the replacement facility is located in a different	82110
alcohol, drug addiction, and mental health service district than	82111
the original facility, or if the purposes for which the	82112
replacement facility will be used are not the same as or similar	82113
to those for the original facility, the director shall request	82114
controlling board approval for release of funds for the project.	82115
If the controlling board so approves, the director shall pay to	82116
the board, entity, or organization from the community capital	82117
replacement facilities fund the lesser of an amount equal to the	82118
proceeds of the sale of the original facility or the amount of the	82119
state's agreed-upon participation (as a per cent of the total	82120
cost) in the cost of the replacement facility. ifIf the amount of	82121
the state's agreed-upon participation in the cost of the	82122
replacement facility is less than the value of the state's	82123
security interest in the original facility, the difference between	82124
the state's agreed-upon participation in the cost of the	82125
replacement facility and the value of the state's security	82126
interest in the original facility shall be retained in the	82127
community capital replacement facilities fund, and any excess	82128
proceeds shall be paid to the board, entity, or organization.	82129

(E) The director of ~~mental health~~mental health and addiction	82130
services and a board, entity, or organization shall enter into an	82131
agreement specifying the terms of any payment made to the board,	82132
entity, or organization under division (D) of this section. The	82133
terms may include provision for the department of ~~mental health~~	82134
mental health and addiction services to hold a security interest	82135
in the facility.	82136

(F)(1) When approving an application under division (B) of	82137
this section, the director of ~~mental health~~mental health and	82138
addiction services shall establish a deadline by which the board,	82139
entity, or organization must notify the director that it is ready	82140
to acquire, construct, or renovate a replacement facility. If the	82141
board, entity, or organization does not notify the director on or	82142
before the deadline, the director may cancel the project. Upon	82143
canceling the project, the director shall pay to the board,	82144
entity, or organization from the community capital replacement	82145
facilities fund an amount equal to the portion of the proceeds of	82146
the sale of the original facility that exceeds the value of the	82147
state's security interest in the facility.	82148

(2) Notwithstanding the deadline established under division	82149
(F)(1) of this section, if at any time a board, entity, or	82150
organization notifies the director that it does not intend to	82151
acquire, construct, or renovate a replacement facility under this	82152
section, the director shall cancel the replacement project and pay	82153
to the board, entity, or organization from the community capital	82154
replacement facilities fund an amount equal to the portion of the	82155
proceeds of the sale of the original facility that exceeds the	82156
value of the state's security interest in the facility.	82157

(G) If a replacement project is canceled after the sale of	82158
the original facility, the director of ~~mental health~~mental health	82159
and addiction services shall use funds equal to the value of the	82160
state's security interest in the original facility for additional	82161
grants or reimbursements under section ~~5119.63~~5119.42 of the	82162
Revised Code. The director shall obtain the approval of the	82163
controlling board before releasing the additional grants or	82164
reimbursements.	82165

(H) The community capital replacement facilities fund is	82166
hereby created in the state treasury. The director of ~~mental~~	82167
~~health~~mental health and addiction services shall use the fund for	82168
the purposes of this section.	82169

~~Sec. 5119.16.~~ Sec. 5119.44. As used in this section, "free clinic"	82170
has the same meaning as in section 2305.2341 of the Revised Code.	82171

(A) The department of ~~mental health~~mental health and	82172
addiction services may provide certain goods and services for the	82173
department of ~~mental health~~mental health and addiction services,	82174
the department of developmental disabilities, the department of	82175
rehabilitation and correction, the department of youth services,	82176
and other state, county, or municipal agencies requesting such	82177
goods and services when the department of ~~mental health~~mental	82178
health and addiction services determines that it is in the public	82179
interest, and considers it advisable, to provide these goods and	82180
services. The department of ~~mental health~~mental health and	82181
addiction services also may provide goods and services to agencies	82182
operated by the United States government and to public or private	82183
nonprofit agencies, other than free clinics, that are funded in	82184
whole or in part by the state if the public or private nonprofit	82185
agencies are designated for participation in this program by the	82186
director of ~~mental health~~mental health and addiction services	82187
for community addiction services providers and community mental	82188
health ~~agencies~~services providers, the director of developmental	82189
disabilities for community mental retardation and developmental	82190
disabilities agencies, the director of rehabilitation and	82191
correction for community rehabilitation and correction agencies,	82192
or the director of youth services for community youth services	82193
agencies.	82194

Designated community agencies or services providers shall	82195
receive goods and services through the department of ~~mental health~~	82196
mental health and addiction services only in those cases where the	82197
designating state agency certifies that providing such goods and	82198
services to the agency or services provider will conserve public	82199
resources to the benefit of the public and where the provision of	82200
such goods and services is considered feasible by the department	82201
of ~~mental health~~mental health and addiction services.	82202

(B) The department of ~~mental health~~mental health and	82203
addiction services may permit free clinics to purchase certain	82204
goods and services to the extent the purchases fall within the	82205
exemption to the Robinson-Patman Act, 15 U.S.C. 13 et seq.,	82206
applicable to nonprofit institutions, in 15 U.S.C. 13c, as	82207
amended.	82208

(C) The goods and services that may be provided by the	82209
department of ~~mental health~~mental health and addiction services	82210
under divisions (A) and (B) of this section may include:	82211

(1) Procurement, storage, processing, and distribution of	82212
food and professional consultation on food operations;	82213

(2) Procurement, storage, and distribution of medical and	82214
laboratory supplies, dental supplies, medical records, forms,	82215
optical supplies, and sundries, subject to section 5120.135 of the	82216
Revised Code;	82217

(3) Procurement, storage, repackaging, distribution, and	82218
dispensing of drugs, the provision of professional pharmacy	82219
consultation, and drug information services;	82220

(4) Other goods and services.

82221

(D) The department of ~~mental health~~mental health and	82222
addiction services may provide the goods and services designated	82223
in division (C) of this section to its institutions and to	82224
state-operated community-based mental health or addiction services	82225
providers.	82226

(E) After consultation with and advice from the director of	82227
developmental disabilities, the director of rehabilitation and	82228
correction, and the director of youth services, the department of	82229
~~mental health~~mental health and addiction services may provide the	82230
goods and services designated in division (C) of this section to	82231
the department of developmental disabilities, the department of	82232
rehabilitation and correction, and the department of youth	82233
services.	82234

(F) The cost of administration of this section shall be	82235
determined by the department of ~~mental health~~mental health and	82236
addiction services and paid by the agencies, services providers,	82237
or free clinics receiving the goods and services to the department	82238
for deposit in the state treasury to the credit of the ~~mental~~	82239
~~health~~office of support services fund, which is hereby created.	82240
The fund shall be used to pay the cost of administration of this	82241
section to the department.	82242

(G) Whenever a state agency fails to make a payment for goods	82243
and services provided under this section within thirty-one days	82244
after the date the payment was due, the office of budget and	82245
management may transfer moneys from the state agency to the	82246
department of ~~mental health~~mental health and addiction services.	82247
The amount transferred shall not exceed the amount of overdue	82248
payments. Prior to making a transfer under this division, the	82249
office of budget and management shall apply any credits the state	82250
agency has accumulated in payments for goods and services provided	82251
under this section.	82252

(H) Purchases of goods and services under this section are	82253
not subject to section 307.86 of the Revised Code.	82254

~~Sec. 5119.161.~~ Sec. 5119.45. Unless otherwise specifically	82255
provided by law, all moneys received by the department of ~~mental~~	82256
~~health~~mental health and addiction services from the sale of goods	82257
and services, including, but not limited to, shared service	82258
agreements with other governmental entities and nongovernmental	82259
entities, employee housing and cafeteria receipts, fees for	82260
copying services, and sales of other tangible personal property	82261
under the department's control, shall be paid into the state	82262
treasury to the credit of the sale of goods and services fund,	82263
which is hereby created. Moneys received by the department	82264
pursuant to section ~~5119.16~~5119.44 of the Revised Code shall not	82265
be paid into the fund. The department shall use the moneys in the	82266
fund for paying operating expenses of the department.	82267

~~Sec. 5119.18.~~ Sec. 5119.46. There is hereby created in the state	82268
treasury the department of ~~mental health~~mental health and	82269
addiction services trust fund. Not later than the first day of	82270
September of each year, the director of ~~mental health~~mental	82271
health and addiction services shall certify to the director of	82272
budget and management the amount of all of the unexpended,	82273
unencumbered balances of general revenue fund appropriations made	82274
to the department of ~~mental health~~mental health and addiction	82275
services for the previous fiscal year, excluding funds	82276
appropriated for rental payments to the Ohio public facilities	82277
commission. On receipt of the certification, the director of	82278
budget and management shall transfer cash to the trust fund in an	82279
amount up to, but not exceeding, the total of the amounts	82280
certified by the director of ~~mental health~~mental health and	82281
addiction services.	82282

In addition, the trust fund shall receive all amounts,	82283
subject to any provisions in bond documents, received from the	82284
sale or lease of lands and facilities by the department.	82285

All moneys in the trust fund shall be used by the department	82286
of ~~mental health~~mental health and addiction services to pay for	82287
expenditures the department incurs in performing any of its duties	82288
under this chapter. The use of moneys in the trust fund pursuant	82289
to this section does not represent an ongoing commitment to the	82290
continuation of the trust fund or to the use of moneys in the	82291
trust fund.	82292

~~Sec. 3793.032.~~ Sec. 5119.47. The director of ~~alcohol and drug~~	82293
~~addiction services~~mental health and addiction services shall	82294
administer the problem casino gambling and addictions fund. The	82295
director shall use the money in the fund to support ~~programs that~~	82296
~~provide~~ gambling addiction services, alcohol and drug addiction	82297
~~programs that provide alcohol and drug addiction~~ services, other	82298
~~programs~~services that relate to gambling addiction and substance	82299
abuse, and research that relates to gambling addiction and	82300
substance abuse. Treatment and prevention services ~~provided under~~	82301
~~programs~~ supported by money in the fund under this section shall	82302
be services that are ~~provided by alcohol and drug addiction~~	82303
~~treatment programs~~ certified by the department of ~~alcohol and~~	82304
~~drug addiction services or provided by counselors who are~~	82305
~~certified by the department~~mental health and addiction services.	82306
~~Prevention services provided under programssupported by money in~~	82307
~~the fund under this section shall be services that are provided by~~	82308
~~alcohol and drug addiction prevention programs~~ ~~certified by the~~	82309
~~department of alcohol and drug addiction services.~~	82310

The director shall prepare an annual report describing the	82311
use of the fund for these purposes. The director shall submit the	82312
report to the Ohio casino control commission, the speaker and	82313
minority leader of the house of representatives, the president and	82314
minority leader of the senate, the governor, and the joint	82315
committee on gaming and wagering.	82316

~~Sec. 3793.22.~~ Sec. 5119.49. (A) The director of ~~alcohol and drug~~	82317
~~addiction services~~mental health and addiction services shall	82318
collaborate with the state board of pharmacy and attorney general	82319
in the establishment and administration of a drug take-back	82320
program, as provided under section 4729.69 of the Revised Code.	82321

(B) The department may accept grants, gifts, or donations for	82322
purposes of the program. Money received under this division shall	82323
be deposited into the drug take-back program fund established	82324
under section 109.90 of the Revised Code.	82325

~~Sec. 5119.34.~~ Sec. 5119.50. The director of ~~mental health~~mental	82326
health and addiction services may accept, hold, and administer in	82327
trust on behalf of the state, if it is for the public interest,	82328
any grant, gift, devise, or bequest of money or property made to	82329
the state for the use or benefit of any institution described in	82330
section ~~5119.02~~5119.14 of the Revised Code or for the use and	82331
benefit of mentally ill persons under its control. If the trust so	82332
provides, the money or property may be used for any work which the	82333
department of ~~mental health~~mental health and addiction services	82334
is authorized to undertake.	82335

The department shall keep such gift, grant, devise, or	82336
bequest as a distinct property or fund and, if it is in money,	82337
shall invest it in the manner provided by law. The department may	82338
deposit in a proper trust company or savings bank any money left	82339
in trust during a specified life or lives and shall adopt rules	82340
governing the deposit, transfer, withdrawal, or investment of such	82341
money and the income thereof.	82342

The department shall, in the manner prescribed by the	82343
director of budget and management pursuant to section 126.21 of	82344
the Revised Code, account for all money or property received or	82345
expended under this section. The records, together with a	82346
statement certified by the depository showing the funds deposited	82347
there to the credit of the trust, shall be open to public	82348
inspection. The director of budget and management may require the	82349
department to file a report with ~~him~~the director on any	82350
particular portion, or the whole, of any trust property received	82351
or expended by it.	82352

The department shall, upon the expiration of any trust	82353
according to its terms, dispose of the funds or property held	82354
thereunder in the manner provided in the instrument creating the	82355
trust. If the instrument creating the trust failed to make any	82356
terms of disposition, or if no trust was in evidence, then the	82357
decedent patient's money, saving or commercial deposits, dividends	82358
or distributions, bonds, or any other interest-bearing debt	82359
certificate or stamp issued by the United States government shall	82360
escheat to the state. All such unclaimed intangible personal	82361
property of a former patient shall be retained by the managing	82362
officer in such institution for the period of one year, during	82363
which time every possible effort shall be made to find such former	82364
patient or ~~his~~the former patient's legal representative.	82365

If, after a period of one year from the time the patient has	82366
left the institution or has died, the managing officer has been	82367
unable to locate such person or ~~his~~the person's legal	82368
representative, then upon proper notice of such fact the director	82369
shall at that time formulate in writing a method of disposition on	82370
the minutes of the department authorizing the managing officer to	82371
convert such intangible personal property to cash to be paid into	82372
the state treasury to the credit of the general revenue fund.	82373

The department shall include in its annual report a statement	82374
of all money and property and the terms and conditions relating	82375
thereto.	82376

~~Sec. 5119.17.~~ Sec. 5119.51. (A) As used in this section,	82377
"supplemental services" has the same meaning as in section 5815.28	82378
of the Revised Code.	82379

(B) There is hereby created in the state treasury the	82380
services fund for individuals with mental illness. On the death of	82381
the beneficiary of a trust created pursuant to section 5815.28 of	82382
the Revised Code, the portion of the remaining assets of the trust	82383
specified in the trust instrument shall be deposited to the credit	82384
of the fund. Money credited to the fund shall be used for	82385
individuals with mental illness.	82386

Supplemental services may be provided through the department	82387
or boards of alcohol, drug addiction, and mental health services.	82388
In accordance with Chapter 119. of the Revised Code, the	82389
department of ~~mental health~~mental health and addiction services	82390
may adopt any rules necessary to implement this section.	82391

~~Sec. 5119.36.~~ Sec. 5119.52. Each managing officer of an	82392
institution under the jurisdiction of the department of ~~mental~~	82393
~~health~~mental health and addiction services as described in	82394
section ~~5119.02~~5119.14 of the Revised Code, with the approval of	82395
the director of ~~mental health~~mental health and addiction	82396
services, may establish local institution funds designated as	82397
follows:	82398

(A) Industrial and entertainment fund created and maintained	82399
for the entertainment and welfare of the patients of the	82400
institution. The director shall establish rules for the operation	82401
of the industrial and entertainment fund.	82402

(B) Commissary fund created and maintained for the benefit of	82403
patients in the institution. Commissary revenue over and above	82404
operating costs and reserve shall be considered profits. All	82405
profits from the commissary fund operations shall be paid into the	82406
industrial and entertainment fund and used only for the	82407
entertainment and ~~wel fare~~welfare of patients. The director shall	82408
establish rules for the operation of the commissary fund.	82409

~~Sec. 5119.33.~~ Sec. 5119.54. The treasurer of state shall have	82410
charge of all funds under the jurisdiction of the department of	82411
~~mental health~~mental health and addiction services and shall pay	82412
out the same only in accordance with this chapter.	82413

The department shall cause to be furnished a contract of	82414
indemnity to cover all funds received by it or by its managing	82415
officers, employees, or agents while the funds are in the	82416
possession of such managing officers, employees or agents. Such	82417
funds are designated as follows:	82418

(A) Funds which are due and payable to the treasurer of state	82419
as provided by Chapter 131. of the Revised Code;	82420

(B) Those funds which are held in trust by the managing	82421
officers, employees, or agents of the institution as local funds	82422
or accounts under the jurisdiction of the department.	82423

Such contract of indemnity shall be made payable to the state	82424
and the premium for such contract of indemnity may be paid from	82425
any of the moneys received for the use of the department under	82426
this chapter and Chapters 5121. and 5122. of the Revised Code.	82427

Funds collected from various sources, such as the sale of	82428
goods, and all miscellaneous articles, shall be transmitted on or	82429
before Monday of each week to the treasurer of state and a	82430
detailed statement of such collections shall be made to the	82431
department.	82432

~~Sec. 5119.351.~~ Sec. 5119.55. The department of ~~mental health~~	82433
mental health and addiction services may pay an amount for	82434
personal use to each individual residing in a state institution as	82435
described in section ~~5119.02~~5119.14 of the Revised Code who would	82436
be eligible for supplemental security income benefits at the	82437
reduced rate established by Title XVI of the "Social Security	82438
Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.~~A. 1382, as amended~~1381 et	82439
seq., if the ~~state plan for providing medical assistance under~~	82440
~~section 5111.01 of the Revised Code included reimbursement of~~	82441
medicaid program covers services provided in such institutions.	82442
The amount paid by the department shall not exceed the reduced	82443
supplemental security income benefit rate established by Title XVI	82444
of the "Social Security Act."	82445

~~Sec. 5119.35.~~ Sec. 5119.56. Money or property deposited with	82446
managing officers of institutions under the jurisdiction of the	82447
department of ~~mental health~~mental health and addiction services	82448
by any patient under the department's control or by relatives,	82449
guardians, conservators, and others for the special benefit of	82450
such patient, as well as all other funds and all other income paid	82451
to the patient, ~~his~~the patient's estate, or on ~~his~~the patient's	82452
behalf, or paid to the managing officer or to the institution as	82453
representative payee or otherwise paid on the patient's behalf,	82454
shall remain in the hands of such officers in appropriate accounts	82455
for use accordingly. The managing officer shall keep itemized book	82456
accounts of the receipt and disposition of such money and	82457
property, which book shall be open at all times to the inspection	82458
of the department. The director of ~~mental health~~mental health	82459
and addiction services shall adopt rules governing the deposit,	82460
transfer, withdrawal, or investment of the funds and the income	82461
thereof, as well as rules under which such funds and income shall	82462
be paid by managing officers for the support of the patients	82463
pursuant to Chapter 5121. of the Revised Code, or for their other	82464
needs.	82465

Whenever any patient confined in any state institution	82466
subject to the jurisdiction of the department dies, escapes, or is	82467
discharged from such institution, and any personal funds of such	82468
person remain in the hands of the managing officer thereof and no	82469
demand for such funds is made upon such managing officer by the	82470
owner of the funds or ~~his~~the owner's legally appointed	82471
representative, the managing officer shall hold the funds in the	82472
personal deposit fund for a period of at least one year during	82473
which time the managing officer shall make every effort possible	82474
to locate the owner or ~~his~~the owner's legally appointed	82475
representative.	82476

If at the end of this period no demand has been made for the	82477
funds, the managing officer shall dispose of the funds as follows:	82478

(A) All money in a personal deposit fund in excess of ten	82479
dollars due for the support of a patient shall be paid in	82480
accordance with the provisions of Chapter 5121. of the Revised	82481
Code.	82482

(B) All money in a personal deposit fund in excess of ten	82483
dollars not due for the support of a patient shall be placed to	82484
the credit of the institution's local account designated as the	82485
"industrial and entertainment" fund.	82486

(C) The first ten dollars to the credit of a patient shall be	82487
placed to the credit of the institution's local account designated	82488
as the "industrial and entertainment" fund.	82489

Whenever any patient in any state institution subject to the	82490
jurisdiction of the department dies, escapes, or is discharged	82491
from such institution, and any personal effects of such person	82492
remain in the hands of the managing officer thereof, and no demand	82493
is made upon such managing officer by the owner of the property or	82494
~~his~~the owner's legally appointed representative, the managing	82495
officer shall hold and dispose of such property in the following	82496
manner.	82497

All the miscellaneous personal effects shall be held for a	82498
period of at least one year, during which time the managing	82499
officer shall make every effort possible to locate the owner or	82500
~~his~~the owner's legal representative. If at the end of this	82501
period, no demand has been made by the owner of the property or	82502
~~his~~the owner's legal representative, the managing officer shall	82503
file with the county recorder of the county of commitment of such	82504
owner, all deeds, wills, contract mortgages, or assignments. The	82505
balance of the personal effects shall be sold at public auction	82506
after being duly advertised, and the funds turned over to the	82507
treasurer of state for credit to the general revenue fund. If any	82508
of the property is not of a type to be filed with the county	82509
recorder and is not salable at public auction, then the managing	82510
officer of the institution shall destroy such property.	82511

~~Sec. 5119.46.~~ Sec. 5119.60. ~~In its annual report, the~~The	82512
department of ~~mental health~~mental health and addiction services	82513
shall submit an annual report to the governor that shall describe	82514
the services the department offers and how appropriated funds have	82515
been spent. The report shall include ~~the~~all of the following:	82516

(A) The utilization of state hospitals by each alcohol, drug	82517
addiction, and mental health service district~~, the~~;	82518

(B) The number of persons served by community addiction	82519
services providers that receive funds distributed by the	82520
department, with a breakdown into categories including age, sex,	82521
race, the type of drug to which the person is addicted, and any	82522
other categories the director of mental health and addiction	82523
services considers significant;	82524

(C) The number of severely mentally disabled persons served	82525
in each district~~, and the~~;	82526

(D) The number and types of services provided to severely	82527
mentally disabled persons through state-operated services and	82528
community mental health ~~agencies~~services providers;	82529

(E) A report measuring the success of community addiction	82530
services providers, based on the measures for accountability	82531
developed by the department, including the percentage of persons	82532
served by such community addiction services providers who have not	82533
relapsed;	82534

(F) Any other information that the director considers	82535
significant or is requested by the governor.	82536

~~Sec. 3793.12.~~ Sec. 5119.61. (A) The department of ~~alcohol and drug~~	82537
~~addiction services~~mental health and addiction services shall	82538
collect and compile statistics and other information on the care	82539
and treatment of mentally disabled persons, and the care,	82540
treatment, and rehabilitation of alcoholics, drug dependent	82541
persons, and persons in danger of drug dependence in this state,	82542
including, without limitation, information on the number of such	82543
persons, the type of drug involved, the type of care, treatment,	82544
or rehabilitation prescribed or undertaken, and the success or	82545
failure of the care, treatment, or rehabilitation. The department	82546
shall collect information about services delivered and persons	82547
served as required for reporting and evaluation relating to state	82548
and federal funds expended for such purposes.	82549

(B) No alcohol or, drug addiction ~~program~~, or mental health	82550
services provider shall fail to supply statistics and other	82551
information within its knowledge and with respect to its ~~programs~~	82552
services, upon request of the department.	82553

(C) Communications by a person seeking aid in good faith for	82554
alcoholism or drug dependence are confidential, and this section	82555
does not require the collection or permit the disclosure of	82556
information which reveals or comprises the identity of any person	82557
seeking aid.	82558

(D) Based on the information collected and compiled under	82559
division (A) of this section, the department shall develop a	82560
project to assess the outcomes of persons served by alcohol and	82561
drug addiction ~~programs~~services providers and mental health	82562
services providers that receive funds distributed by the	82563
department.	82564

~~Sec. 5119.50.~~ Sec. 5119.70. The "interstate compact on mental	82565
health" is hereby ratified, enacted into law, and entered into by	82566
the state of Ohio as a party thereto with any other state which	82567
has legally joined in the compact as follows:	82568

INTERSTATE COMPACT ON MENTAL HEALTH	82569

The contracting states solemnly agree that:

82570

Article I	82571

The party states find that the proper and expeditious	82572
treatment of the mentally ill and mentally retarded can be	82573
facilitated by cooperative action, to the benefit of the patients,	82574
their families, and society as a whole. Further, the party states	82575
find that the necessity of and desirability for furnishing such	82576
care and treatment bears no primary relation to the residence or	82577
citizenship of the patient but that, on the contrary, the	82578
controlling factors of community safety and humanitarianism	82579
require that facilities and services be made available for all who	82580
are in need of them. Consequently, it is the purpose of this	82581
compact and of the party states to provide the necessary legal	82582
basis for the institutionalization or other appropriate care and	82583
treatment of the mentally ill and mentally retarded under a system	82584
that recognizes the paramount importance of patient welfare and to	82585
establish the responsibilities of the party states in terms of	82586
such welfare.	82587

Article II	82588

As used in this compact:

82589

(a) "Sending state" shall mean a party state from which a	82590
patient is transported pursuant to the provisions of the compact	82591
or from which it is contemplated that a patient may be so sent.	82592

(b) "Receiving state" shall mean a party state to which a	82593
patient is transported pursuant to the provisions of the compact	82594
or to which it is contemplated that a patient may be so sent.	82595

(c) "Institution" shall mean any hospital or other facility	82596
maintained by a party state or political subdivision thereof for	82597
the care and treatment of mental illness or mental retardation.	82598

(d) "Patient" shall mean any person subject to or eligible as	82599
determined by the laws of the sending state, for	82600
institutionalization or other care, treatment, or supervision	82601
pursuant to the provisions of this compact.	82602

(e) "After-care" shall mean care, treatment and services	82603
provided a patient, as defined herein, or convalescent status or	82604
conditional release.	82605

(f) "Mental illness" shall mean mental disease to such extent	82606
that a person so afflicted requires care and treatment for his own	82607
welfare, or the welfare of others, or of the community.	82608

(g) "Mental retardation" shall mean mental retardation as	82609
defined by appropriate clinical authorities to such extent that a	82610
person so afflicted is incapable of managing himself and his	82611
affairs, but shall not include mental illness as defined herein.	82612

(h) "State" shall mean any state, territory or possession of	82613
the United States, the District of Columbia, and the Commonwealth	82614
of Puerto Rico.	82615

Article III	82616

(a) Whenever a person physically present in any party state	82617
shall be in need of institutionalization by reason of mental	82618
illness or mental retardation, he shall be eligible for care and	82619
treatment in an institution in that state irrespective of his	82620
residence, settlement or citizenship qualifications.	82621

(b) The provisions of paragraph (a) of this article to the	82622
contrary notwithstanding, any patient may be transferred to an	82623
institution in another state whenever there are factors based upon	82624
clinical determinations indicating that the care and treatment of	82625
said patient would be facilitated or improved thereby. Any such	82626
institutionalization may be for the entire period of care and	82627
treatment or for any portion or portions thereof. The factors	82628
referred to in this paragraph shall include the patient's full	82629
record with due regard for the location of the patient's family,	82630
character of the illness and probable duration thereof, and such	82631
other factors as shall be considered appropriate.	82632

(c) No state shall be obliged to receive any patient pursuant	82633
to the provisions of paragraph (b) of this article unless the	82634
sending state has given advance notice of its intention to send	82635
the patient; furnished all available medical and other pertinent	82636
records concerning the patient; given the qualified medical or	82637
other appropriate clinical authorities of the receiving state an	82638
opportunity to examine the patient if said authorities so wish;	82639
and unless the receiving state shall agree to accept the patient.	82640

(d) In the event that the laws of the receiving state	82641
establish a system of priorities for the admission of patients, an	82642
interstate patient under this compact shall receive the same	82643
priority as a local patient and shall be taken in the same order	82644
and at the same time that he would be taken if he were a local	82645
patient.	82646

(e) Pursuant to this compact, the determination as to the	82647
suitable place of institutionalization for a patient may be	82648
reviewed at any time and such further transfer of the patient may	82649
be made as seems likely to be in the best interest of the patient.	82650

Article IV	82651

(a) Whenever, pursuant to the laws of the state in which a	82652
patient is physically present, it shall be determined that the	82653
patient should receive after-care or supervision, such care or	82654
supervision may be provided in a receiving state. If the medical	82655
or other appropriate clinical authorities having responsibility	82656
for the care and treatment of the patient in the sending state	82657
shall have reason to believe that after-care in another state	82658
would be in the best interest of the patient and would not	82659
jeopardize the public safety, they shall request the appropriate	82660
authorities in the receiving state to investigate the desirability	82661
of affording the patient such after-care in said receiving state,	82662
and such investigation shall be made with all reasonable speed.	82663
The request for investigation shall be accompanied by complete	82664
information concerning the patient's intended place of residence	82665
and the identity of the person in whose charge it is proposed to	82666
place the patient, the complete medical history of the patient,	82667
and such other documents as may be pertinent.	82668

(b) If the medical or other appropriate clinical authorities	82669
having responsibility for the care and treatment of the patient in	82670
the sending state and the appropriate authorities in the receiving	82671
state find that the best interest of the patient would be served	82672
thereby, and if the public safety would not be jeopardized	82673
thereby, the patient may receive after-care or supervision in the	82674
receiving state.	82675

(c) In supervising, treating, or caring for a patient on	82676
after-care pursuant to the terms of this article, a receiving	82677
state shall employ the same standards of visitation, examination,	82678
care, and treatment that it employs for similar local patients.	82679

Article V	82680

Whenever a dangerous or potentially dangerous patient escapes	82681
from an institution in any party state, that state shall promptly	82682
notify all appropriate authorities within and without the	82683
jurisdiction of the escape in a manner reasonably calculated to	82684
facilitate the speedy apprehension of the escapee. Immediately	82685
upon the apprehension and identification of any such dangerous or	82686
potentially dangerous patient, he shall be detained in the state	82687
where found pending disposition in accordance with law.	82688

Article VI	82689

The duly accredited officers of any state party to this	82690
compact, upon the establishment of their authority and the	82691
identity of the patient, shall be permitted to transport any	82692
patient being moved pursuant to this compact through any and all	82693
states party to this compact, without interference.	82694

Article VII	82695

(a) No person shall be deemed a patient of more than one	82696
institution at any given time. Completion of transfer of any	82697
patient to an institution in a receiving state shall have the	82698
effect of making the person a patient of the institution in the	82699
receiving state.	82700

(b) The sending state shall pay all costs of and incidental	82701
to the transportation of any patient pursuant to this compact, but	82702
any two or more party states may, by making a specific agreement	82703
for that purpose, arrange for a different allocation of costs as	82704
among themselves.	82705

(c) No provision of this compact shall be construed to alter	82706
or affect any internal relationships among the departments,	82707
agencies and officers of and in the government of a party state,	82708
or between a party state and its subdivisions, as to the payment	82709
of costs, or responsibilities therefor.	82710

(d) Nothing in this compact shall be construed to prevent any	82711
party state or subdivision thereof from asserting any right	82712
against any person, agency or other entity in regard to costs for	82713
which such party state or subdivision thereof may be responsible	82714
pursuant to any provision of this compact.	82715

(e) Nothing in this compact shall be construed to invalidate	82716
any reciprocal agreement between a party state and a nonparty	82717
state relating to institutionalization, care or treatment of the	82718
mentally ill or mentally retarded, or any statutory authority	82719
pursuant to which such agreements may be made.	82720

Article VIII	82721

(a) Nothing in this compact shall be construed to abridge,	82722
diminish, or in any way impair the rights, duties, and	82723
responsibilities of any patient's guardian on his own behalf or in	82724
respect of any patient for whom he may serve, except that where	82725
the transfer of any patient to another jurisdiction makes	82726
advisable the appointment of a supplemental or substitute	82727
guardian, any court of competent jurisdiction in the receiving	82728
state may make such supplemental or substitute appointment and the	82729
court which appointed the previous guardian shall upon being duly	82730
advised of the new appointment, and upon the satisfactory	82731
completion of such accounting and other acts as such court may by	82732
law require, relieve the previous guardian of power and	82733
responsibility to whatever extent shall be appropriate in the	82734
circumstances; provided, however, that in the case of any patient	82735
having settlement in the sending state, the court of competent	82736
jurisdiction in the sending state shall have the sole discretion	82737
to relieve a guardian appointed by it or continue his power and	82738
responsibility, whichever it shall deem advisable. The court in	82739
the receiving state may, in its discretion, confirm or reappoint	82740
the person or persons previously serving as guardian in the	82741
sending state in lieu of making a supplemental or substitute	82742
appointment.	82743

(b) The term "guardian" as used in paragraph (a) of this	82744
article shall include any guardian, trustee, legal committee,	82745
conservator, or other person or agency however denominated who is	82746
charged by law with power to act for or responsibility for the	82747
person or property of a patient.	82748

Article IX	82749

(a) No provision of this compact except Article V shall apply	82750
to any person institutionalized while under sentence in a penal or	82751
correctional institution or while subject to trial on a criminal	82752
charge, or whose institutionalization is due to the commission of	82753
an offense for which, in the absence of mental illness or mental	82754
retardation, said person would be subject to incarceration in a	82755
penal or correctional institution.	82756

(b) To every extent possible, it shall be the policy of	82757
states party to this compact that no patient shall be placed or	82758
detained in any prison, jail or lockup, but such patient shall,	82759
with all expedition, be taken to a suitable institutional facility	82760
for mental illlness or mental retardation.	82761

Article X	82762

(a) Each party state shall appoint a "compact administrator"	82763
who, on behalf of his state, shall act as general coordinator of	82764
activities under the compact in his state and who shall receive	82765
copies of all reports, correspondence, and other documents	82766
relating to any patient processed under the compact by his state	82767
either in the capacity of sending or receiving state. The compact	82768
administrator or his duly designated representative shall be the	82769
official with whom other party states shall deal in any matter	82770
relating to the compact or any patient processed thereunder.	82771

(b) The compact administrators of the respective party states	82772
shall have power to promulgate reasonable rules and regulations to	82773
carry out more effectively the terms and provisions of this	82774
compact.	82775

Article XI	82776

The duly constituted administrative authorities of any two or	82777
more party states may enter into supplementary agreements for the	82778
provision of any service or facility or for the maintenance of any	82779
institution on a joint or cooperative basis whenever the states	82780
concerned shall find that such agreements will improve services,	82781
facilities, or institutional care and treatment in the fields of	82782
mental illness or mental retardation. No such supplementary	82783
agreement shall be construed so as to relieve any party state of	82784
any obligation which it otherwise would have under other	82785
provisions of this compact.	82786

Article XII	82787

This compact shall enter into full force and effect as to any	82788
state when enacted by it into law and such states shall thereafter	82789
be a party thereto with any and all states legally joining	82790
therein.	82791

Article XIII	82792

(a) A state party to this compact may withdraw therefrom by	82793
enacting a statute repealing the same. Such withdrawal shall take	82794
effect one year after notice thereof has been communicated	82795
officially and in writing to the governors and compact	82796
administrators of all other party states. However, the withdrawal	82797
of any state shall not change the status of any patient who has	82798
been sent to said state or sent out of said state pursuant to the	82799
provisions of the compact.	82800

(b) Withdrawal from any agreement permitted by Article VII	82801
(b) as to costs or from any supplementary agreement made pursuant	82802
to Article XI shall be in accordance with the terms of such	82803
agreement.	82804

Article XIV	82805

This compact shall be liberally construed so as to effectuate	82806
the purposes thereof. The provisions of this compact shall be	82807
severable and if any phrase, clause, sentence or provision of this	82808
compact is declared to be contrary to the constitution of any	82809
party state or of the United States or the applicability thereof	82810
to any government, agency, person or circumstance is held invalid,	82811
the validity of the remainder of this compact and the	82812
applicability thereof to any government, agency, person or	82813
circumstance shall not be affected thereby. If this compact shall	82814
be held contrary to the constitution of any state party thereto,	82815
the compact shall remain in full force and effect as to the	82816
remaining states and in full force and effect as to the state	82817
affected as to all severable matters.	82818

~~Sec. 5119.51.~~ Sec. 5119.71. Pursuant to Article X of the compact	82819
set forth in section ~~5119.50~~5119.70 of the Revised Code, the	82820
director of ~~mental health~~mental health and addiction services and	82821
the director of developmental disabilities each shall designate an	82822
officer who shall be the compact administrator for the department	82823
and who, acting jointly with like officers of other party states,	82824
shall adopt rules to carry out more effectively the terms of the	82825
compact. The compact administrators of each department shall serve	82826
subject to the pleasure of the governor and shall cooperate with	82827
all departments, agencies, and officers of and in the government	82828
of this state and its subdivisions in facilitating the proper	82829
administration of the compact or of any supplementary agreements	82830
entered into by this state thereunder.	82831

~~Sec. 5119.52.~~ Sec. 5119.72. The compact administrator may enter	82832
into supplementary agreements with appropriate officials of other	82833
states pursuant to articles VII and XI of the compact set forth in	82834
section ~~5119.50~~5119.70 of the Revised Code. In the event that	82835
such supplementary agreements require or contemplate the use of	82836
any institution or facility of this state or require or	82837
contemplate the provision of any service by this state, no such	82838
agreement shall have force or effect until approved by the head of	82839
the department or agency under whose jurisdiction the institution	82840
or facility is operated or whose department or agency will be	82841
charged with the rendering of such service.	82842

~~Sec. 5119.53.~~ Sec. 5119.73. Any payments necessary to discharge	82843
any financial obligations imposed upon the state of Ohio by the	82844
compact or by any supplementary agreement entered into thereunder,	82845
as provided in sections ~~5119.50~~5119.70 to ~~5119.52~~5119.72 of the	82846
Revised Code, shall be made from appropriated funds upon	82847
presentation to the director of budget and management of itemized	82848
vouchers approved by the compact administrator.	82849

~~Sec. 3793.31.~~ Sec. 5119.90. As used in sections ~~3793.31~~5119.90 to	82850
~~3793.39~~5119.98 of the Revised Code:	82851

(A) "Alcohol and other drug abuse" means alcoholism or drug	82852
addiction.	82853

(B) "Another drug" means a controlled substance as defined in	82854
section 3719.01 of the Revised Code or a harmful intoxicant as	82855
defined in section 2925.01 of the Revised Code.	82856

(C) "Board of alcohol, drug addiction, and mental health	82857
services" means a board of alcohol, drug addiction, and mental	82858
health services established under section 340.02 or 340.021 of the	82859
Revised Code.	82860

(D) "Danger" or "threat of danger to self, family, or others"	82861
means substantial physical harm or threat of substantial physical	82862
harm upon self, family, or others.	82863

(E) "Hospital" has the same meaning as in section 3701.01 or	82864
3727.01 of the Revised Code but does not include either a hospital	82865
operated by the department of ~~mental health~~mental health and	82866
addiction services or an inpatient unit licensed by the	82867
department.	82868

(F) "Intoxicated" means being under the influence of alcohol,	82869
another drug, or both alcohol and another drug and, as a result,	82870
having a significantly impaired ability to function.	82871

(G) "Petitioner" means a person who institutes a proceeding	82872
under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of the Revised	82873
Code.	82874

(H) "Probate court" means the probate division of the court	82875
of common pleas.	82876

(I) "Qualified health professional" means a person that is	82877
properly credentialed or licensed to conduct a drug and alcohol	82878
assessment and diagnosis under Ohio law.	82879

(J) "Residence" means the legal residence of a person as	82880
determined by applicable principles governing conflicts of law.	82881

(K) "Respondent" means a person alleged in a petition filed	82882
or hearing under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of	82883
the Revised Code to be a person who is suffering from alcohol and	82884
other drug abuse and who may be ordered under those sections to	82885
undergo treatment.	82886

(L) "Treatment" means services and programs for the care and	82887
rehabilitation of intoxicated persons and persons suffering from	82888
alcohol and other drug abuse. "Treatment" includes residential	82889
treatment, a halfway house setting, and an intensive outpatient or	82890
outpatient level of care.	82891

~~Sec. 3793.32.~~ Sec. 5119.91. A probate court may order involuntary	82892
treatment for a person suffering from alcohol and other drug abuse	82893
pursuant to the procedures set forth in sections ~~3793.31~~5119.90	82894
to ~~3793.39~~5119.98 of the Revised Code.	82895

~~Sec. 3793.33.~~ Sec. 5119.92. No person shall be ordered to undergo	82896
treatment under sections ~~3793.31~~5119.90 to ~~3793.39~~5119.98 of the	82897
Revised Code unless all of the following apply to that person:	82898

(A) The person suffers from alcohol and other drug abuse.

82899

(B) The person presents an imminent danger or imminent threat	82900
of danger to self, family, or others as a result of alcohol and	82901
other drug abuse, or there exists a substantial likelihood of such	82902
a threat in the near future.	82903

82904

~~Sec. 3793.34.~~ Sec. 5119.93. (A) A person may initiate proceedings	82905
for treatment for an individual suffering from alcohol and other	82906
drug abuse by filing a verified petition in the probate court and	82907
paying a filing fee in the same amount, if any, that is charged	82908
for the filing under section 5122.11 of the Revised Code of an	82909
affidavit seeking the hospitalization of a person. The petition	82910
and all subsequent court documents shall be entitled: "In the	82911
interest of (name of respondent)." A spouse, relative, or guardian	82912
of the individual concerning whom the petition is filed shall file	82913
the petition.	82914

(B) A petition filed under division (A) of this section shall	82915
set forth all of the following:	82916

(1) The petitioner's relationship to the respondent;

82917

(2) The respondent's name, residence address, and current	82918
location, if known;	82919

(3) The name and residence of the respondent's parents, if	82920
living and if known, or of the respondent's legal guardian, if any	82921
and if known;	82922

(4) The name and residence of the respondent's spouse, if any	82923
and if known;	82924

(5) The name and residence of the person having custody of	82925
the respondent, if any, or if no such person is known, the name	82926
and residence of a near relative or a statement that the person is	82927
unknown;	82928

(6) The petitioner's belief, including the factual basis for	82929
the belief, that the respondent is suffering from alcohol and	82930
other drug abuse and presents an imminent danger or imminent	82931
threat of danger to self, family, or others if not treated for	82932
alcohol or other drug abuse.	82933

(C)(1) Any petition filed pursuant to divisions (A) and (B)	82934
of this section shall be accompanied by a certificate of a	82935
physician who has examined the respondent within two days prior to	82936
the day that the petition is filed in the probate court. The	82937
physician shall be authorized to practice medicine and surgery or	82938
osteopathic medicine and surgery under Chapter 4731. of the	82939
Revised Code. The physician's certificate shall set forth the	82940
physician's findings in support of the need to treat the	82941
respondent for alcohol or other drug abuse. The certificate shall	82942
indicate if the respondent presents an imminent danger or imminent	82943
threat of danger to self, family, or others if not treated.	82944
Further, the certificate shall indicate the type and length of	82945
treatment required and if the respondent can reasonably benefit	82946
from treatment. If the physician's certificate indicates that	82947
inpatient treatment is required, the certificate shall identify	82948
any inpatient facilities known to the physician that are able and	82949
willing to provide the recommended inpatient treatment.	82950

If the respondent refuses to undergo an examination with a	82951
physician concerning the respondent's possible need for treatment	82952
for alcohol or other drug abuse, the petition shall state that the	82953
respondent has refused all requests made by the petitioner to	82954
undergo a physician's examination. In that case, the petitioner	82955
shall not be required to provide a physician's certificate with	82956
the petition.	82957

(2) Any petition filed pursuant to divisions (A) and (B) of	82958
this section shall contain a statement that the petitioner has	82959
arranged for treatment of the respondent. Further, the petition	82960
shall be accompanied by a statement from the person or facility	82961
who has agreed to provide the treatment that verifies that the	82962
person or facility has agreed to provide the treatment and the	82963
estimated cost of the treatment.	82964

(D) Any petition filed pursuant to divisions (A) and (B) of	82965
this section shall be accompanied by both of the following:	82966

(1) A security deposit to be deposited with the clerk of the	82967
probate court that will cover half of the estimated cost of	82968
treatment of the respondent;	82969

(2) A guarantee, signed by the petitioner or another person	82970
authorized to file the petition obligating the guarantor to pay	82971
the costs of the examinations of the respondent conducted by the	82972
physician and qualified health professional under division (B)(5)	82973
of section ~~3793.35~~5119.94 of the Revised Code, the costs of the	82974
respondent that are associated with a hearing conducted in	82975
accordance with section ~~3793.35~~5119.94 of the Revised Code and	82976
that the court determines to be appropriate, and the costs of any	82977
treatment ordered by the court.	82978

~~Sec. 3793.35.~~ Sec. 5119.94. (A) Upon receipt of a petition filed	82979
under section ~~3793.34~~5119.93 of the Revised Code and the payment	82980
of the appropriate filing fee, if any, the probate court shall	82981
examine the petitioner under oath as to the contents of the	82982
petition.	82983

(B) If, after reviewing the allegations contained in the	82984
petition and examining the petitioner under oath, it appears to	82985
the probate court that there is probable cause to believe the	82986
respondent may reasonably benefit from treatment, the court shall	82987
do all of the following:	82988

(1) Schedule a hearing to be held within seven days to	82989
determine if there is clear and convincing evidence that the	82990
respondent may reasonably benefit from treatment for alcohol and	82991
other drug abuse;	82992

(2) Notify the respondent, the legal guardian, if any and if	82993
known, and the spouse, parents, or nearest relative or friend of	82994
the respondent concerning the allegations and contents of the	82995
petition and of the date and purpose of the hearing;	82996

(3) Notify the respondent that the respondent may retain	82997
counsel and, if the person is unable to obtain an attorney, that	82998
the respondent may be represented by court-appointed counsel at	82999
public expense if the person is indigent. Upon the appointment of	83000
an attorney to represent an indigent respondent, the court shall	83001
notify the respondent of the name, address, and telephone number	83002
of the attorney appointed to represent the respondent.	83003

(4) Notify the respondent that the court shall cause the	83004
respondent to be examined not later than twenty-four hours before	83005
the hearing date by a physician for the purpose of a physical	83006
examination and by a qualified health professional for the purpose	83007
of a drug and alcohol addiction assessment and diagnosis. In	83008
addition, the court shall notify the respondent that the	83009
respondent may have an independent expert evaluation of the	83010
person's physical and mental condition conducted at the	83011
respondent's own expense.	83012

(5) Cause the respondent to be examined not later than	83013
twenty-four hours before the hearing date by a physician for the	83014
purpose of a physical examination and by a qualified health	83015
professional for the purpose of a drug and alcohol addiction	83016
assessment and diagnosis;	83017

(6) Conduct the hearing.

83018

(C) The physician and qualified health professional who	83019
examine the respondent pursuant to division (B)(5) of this section	83020
or who are obtained by the respondent at the respondent's own	83021
expense shall certify their findings to the court within	83022
twenty-four hours of the examinations. The findings of each	83023
qualified health professional shall include a recommendation for	83024
treatment if the qualified health professional determines that	83025
treatment is necessary.	83026

(D)(1) If upon completion of the hearing held under this	83027
section the probate court finds by clear and convincing evidence	83028
that the respondent may reasonably benefit from treatment, the	83029
court may order the treatment after considering the qualified	83030
health professionals' recommendations for treatment that have been	83031
submitted to the court under division (C) of this section. If the	83032
court orders the treatment under this division, the court shall	83033
order the treatment to be provided through ~~an alcohol and drug~~a	83034
community addiction ~~program~~services provider certified under	83035
section ~~3793.06~~5119.36 of the Revised Code or by an individual	83036
licensed or certified by the state medical board under Chapter	83037
4731. of the Revised Code, the chemical dependency professionals	83038
board under Chapter 4758. of the Revised Code, the counselor,	83039
social worker, and marriage and family therapist board under	83040
Chapter 4757. of the Revised Code, or a similar board of another	83041
state authorized to provide substance abuse treatment.	83042

(2) Failure of a respondent to undergo and complete any	83043
treatment ordered pursuant to this division is contempt of court.	83044
Any alcohol and drug addiction program or person providing	83045
treatment under this division shall notify the probate court of a	83046
respondent's failure to undergo or complete the ordered treatment.	83047

(E) If, at any time after a petition is filed under section	83048
~~3793.34~~5119.93 of the Revised Code, the probate court finds that	83049
there is not probable cause to continue treatment or if the	83050
petitioner withdraws the petition, then the court shall dismiss	83051
the proceedings against the respondent.	83052

~~Sec. 3793.36.~~ Sec. 5119.95. (A) Following an examination by a	83053
qualified health professional and a certification by that	83054
professional that the person meets the criteria specified in	83055
section ~~3793.33~~5119.92 of the Revised Code, a probate court may	83056
order the person hospitalized for a period not to exceed	83057
seventy-two hours if the court finds by clear and convincing	83058
evidence that the person presents an imminent threat of danger to	83059
self, family, or others as a result of alcohol and other drug	83060
abuse. However, if the hearing to be held under section ~~3793.35~~	83061
5119.94 of the Revised Code will not be held within seventy-two	83062
hours, the court may order the person hospitalized until the	83063
hearing. In making its order, the court shall inform the person	83064
that the person may immediately make a reasonable number of	83065
telephone calls or use other reasonable means to contact an	83066
attorney, a licensed physician, or a qualified health	83067
professional, to contact any other person or persons to secure	83068
representation by counsel, or to obtain medical or psychological	83069
assistance and that the person will be provided assistance in	83070
making calls if the assistance is needed and requested.	83071

(B) Any person who has been admitted to a hospital under	83072
division (A) of this section shall be released from the hospital	83073
immediately upon the expiration of the time period established by	83074
the court for the hospitalization.	83075

(C) No person ordered hospitalized under this section shall	83076
be held in jail pending transportation to the hospital or	83077
evaluation unless the probate court previously has found the	83078
person to be in contempt of court for either failure to undergo	83079
treatment or failure to appear at the evaluation ordered pursuant	83080
to section ~~3793.35~~5119.94 of the Revised Code.	83081

~~Sec. 3793.37.~~ Sec. 5119.96. When a probate court is authorized to	83082
issue an order that the respondent be transported to a hospital,	83083
the court may issue a summons. If the respondent fails to attend	83084
an examination scheduled before the hearing under section ~~3793.35~~	83085
5119.94 of the Revised Code, the court shall issue a summons. A	83086
summons so issued shall be directed to the respondent and shall	83087
command the respondent to appear at a time and place specified in	83088
the summons. If a respondent who has been summoned fails to appear	83089
at the hospital or the examination, the probate court may order	83090
the sheriff or any other peace officer to transport the respondent	83091
to a hospital on the list provided under section ~~3793.38~~5119.97	83092
of the Revised Code for treatment. The sheriff or any other peace	83093
officer, upon agreement of a person authorized by the peace	83094
officer, may authorize a board of alcohol, drug addiction, and	83095
mental health services, a private ~~agency~~services provider under	83096
contract with a board of alcohol, drug addiction, and mental	83097
health services, or an ambulance service designated by a board of	83098
alcohol, drug addiction, and mental health services to transport	83099
the respondent to the hospital. The transportation costs of the	83100
sheriff, other peace officer, ambulance service, or other private	83101
~~agency~~services provider under contract with the board of alcohol,	83102
drug addiction, and mental health services shall be included in	83103
the costs of treatment for alcohol and other drug abuse to be paid	83104
by the petitioner.	83105

~~Sec. 3793.38.~~ Sec. 5119.97. Each board of alcohol, drug addiction,	83106
and mental health services on at least an annual basis shall	83107
submit each of the following lists to the clerk of the probate	83108
court in each county served by the board:	83109

(A) A list of all hospitals in the counties served by the	83110
board that are able and willing to take respondents ordered to	83111
undergo seventy-two hours of treatment and observation pursuant to	83112
section ~~3793.36~~5119.95 of the Revised Code;	83113

(B) A list of hospitals and treatment providers in the	83114
counties served by the board that are able and willing to provide	83115
treatment for alcohol and other drug abuse ordered pursuant to	83116
section ~~3793.35~~5119.94 of the Revised Code.	83117

~~Sec. 3793.39.~~ Sec. 5119.98. Sections ~~3793.12, 3793.13~~5119.26,	83118
5119.27, and ~~3793.14~~5119.61 of the Revised Code apply to a person	83119
who is ordered to undergo treatment under sections ~~3793.31 to~~	83120
~~3793.39~~5119.90 to 5119.98 of the Revised Code.	83121

Sec. 5119.99. (A) Whoever violates section ~~5119.21~~5119.333	83122
of the Revised Code is guilty of a misdemeanor of the first	83123
degree.	83124

(B) Whoever violates division (B) of section 5119.61 of the	83125
Revised Code is guilty of a misdemeanor of the fourth degree.	83126

(C) Whoever violates section 5119.27 or 5119.28 of the	83127
Revised Code is guilty of a felony of the fifth degree.	83128

Sec. 5120.07. (A) There is hereby created the ex-offender	83129
reentry coalition consisting of the following ~~eighteen~~seventeen	83130
members or their designees:	83131

(1) The director of rehabilitation and correction;

83132

(2) The director of aging;

83133

(3) The director of ~~alcohol and drug addiction services~~	83134
mental health and addiction services;	83135

(4) The director of development services;

83136

(5) The superintendent of public instruction;

83137

(6) The director of health;

83138

(7) The director of job and family services;

83139

(8) ~~The director of mental health;~~

83140

~~(9)~~ The director of developmental disabilities;

83141

~~(10)~~(9) The director of public safety;

83142

~~(11)~~(10) The director of youth services;

83143

~~(12)~~(11) The chancellor of the Ohio board of regents;

83144

~~(13)~~(12) A representative or member of the governor's staff;

83145

~~(14)~~(13) The director of the rehabilitation services	83146
commission;	83147

~~(15)~~(14) The director of the department of commerce;

83148

~~(16)~~(15) The executive director of a health care licensing	83149
board created under Title XLVII of the Revised Code, as appointed	83150
by the chairperson of the coalition;	83151

~~(17)~~(16) The director of veterans services;

83152

~~(18)~~(17) An ex-offender appointed by the director of	83153
rehabilitation and correction.	83154

(B) The members of the coalition shall serve without	83155
compensation. The director of rehabilitation and correction or the	83156
director's designee shall be the chairperson of the coalition.	83157

(C) In consultation with persons interested and involved in	83158
the reentry of ex-offenders into the community, including but not	83159
limited to, services providers, community-based organizations, and	83160
local governments, the coalition shall identify and examine social	83161
service barriers and other obstacles to the reentry of	83162
ex-offenders into the community. Not later than one year after	83163
April 7, 2009, and on or before the same date of each year	83164
thereafter, the coalition shall submit to the speaker of the house	83165
of representatives and the president of the senate a report,	83166
including recommendations for legislative action, the activities	83167
of the coalition, and the barriers affecting the successful	83168
reentry of ex-offenders into the community. The report shall	83169
analyze the effects of those barriers on ex-offenders and on their	83170
children and other family members in various areas, including but	83171
not limited to, the following:	83172

(1) Admission to public and other housing;

83173

(2) Child support obligations and procedures;

83174

(3) Parental incarceration and family reunification;

83175

(4) Social security benefits, veterans' benefits, food	83176
stamps, and other forms of public assistance;	83177

(5) Employment;

83178

(6) Education programs and financial assistance;

83179

(7) Substance abuse~~, mental health,~~ and sex offender	83180
treatment programs and financial assistance and mental health	83181
services and financial assistance;	83182

(8) Civic and political participation;

83183

(9) Other collateral consequences under the Revised Code or	83184
the Ohio administrative code law that may result from a criminal	83185
conviction.	83186

(D)(1) The report shall also include the following	83187
information:	83188

(a) Identification of state appropriations for reentry	83189
programs;	83190

(b) Identification of other funding sources for reentry	83191
programs that are not funded by the state;	83192

(2) The coalition shall gather information about reentry	83193
programs in a repository maintained and made available by the	83194
coalition. Where available, the information shall include the	83195
following:	83196

(a) The amount of funding received;

83197

(b) The number of program participants;

83198

(c) The composition of the program, including program goals,	83199
methods for measuring success, and program success rate;	83200

(d) The type of post-program tracking that is utilized;

83201

(e) Information about employment rates and recidivism rates	83202
of ex-offenders.	83203

(E) The coalition shall cease to exist on December 31, 2014.

83204

Sec. 5120.09. Under the supervision and control of the	83205
director of rehabilitation and correction, the division of	83206
business administration shall do all of the following:	83207

(A) Submit the budgets for the several divisions of the	83208
department of rehabilitation and correction, as prepared by the	83209
respective chiefs of those divisions, to the director. The	83210
director, with the assistance of the chief of the division of	83211
business administration, shall compile a departmental budget that	83212
contains all proposals submitted by the chiefs of the divisions	83213
and shall forward the departmental budget to the governor with	83214
comments and recommendations that the director considers	83215
necessary.	83216

(B) Maintain accounts and records and compile statistics that	83217
the director prescribes;	83218

(C) Under the control of the director, coordinate and make	83219
the necessary purchases and requisitions for the department and	83220
its divisions, except when goods and services are provided to the	83221
department as described in section ~~5119.16~~5119.44 of the Revised	83222
Code;	83223

(D) Administer within this state federal criminal justice	83224
acts that the governor requires the department to administer. In	83225
order to improve the criminal justice system of this state, the	83226
division of business administration shall apply for, allocate,	83227
disburse, and account for grants that are made available pursuant	83228
to those federal criminal justice acts and grants that are made	83229
available from other federal government sources, state government	83230
sources, or private sources. As used in this division, "criminal	83231
justice system" and "federal criminal justice acts" have the same	83232
meanings as in section 5502.61 of the Revised Code.	83233

(E) Audit the activities of governmental entities, persons as	83234
defined in section 1.59 of the Revised Code, and other types of	83235
nongovernmental entities that are financed in whole or in part by	83236
funds that the department allocates or disburses and that are	83237
derived from grants described in division (D) of this section;	83238

(F) Enter into contracts, including contracts with federal,	83239
state, or local governmental entities, persons as defined in	83240
section 1.59 of the Revised Code, foundations, and other types of	83241
nongovernmental entities, that are necessary for the department to	83242
carry out its duties and that neither the director nor another	83243
section of the Revised Code authorizes another division of the	83244
department to enter;	83245

(G) Exercise other powers and perform other duties that the	83246
director may assign to the division of business administration.	83247

Sec. 5120.135. (A) As used in this section, "laboratory	83248
services" includes the performance of medical laboratory analysis;	83249
professional laboratory and pathologist consultation; the	83250
procurement, storage, and distribution of laboratory supplies; and	83251
the performance of phlebotomy services.	83252

(B) The department of rehabilitation and correction may	83253
provide laboratory services to the departments of ~~mental health~~	83254
mental health and addiction services, developmental disabilities,	83255
youth services, and rehabilitation and correction. The department	83256
of rehabilitation and correction may also provide laboratory	83257
services to other state, county, or municipal agencies and to	83258
private persons that request laboratory services if the department	83259
of rehabilitation and correction determines that the provision of	83260
laboratory services is in the public interest and considers it	83261
advisable to provide such services. The department of	83262
rehabilitation and correction may also provide laboratory services	83263
to agencies operated by the United States government and to public	83264
and private entities funded in whole or in part by the state if	83265
the director of rehabilitation and correction designates them as	83266
eligible to receive such services.	83267

The department of rehabilitation and correction shall provide	83268
laboratory services from a laboratory that complies with the	83269
standards for certification set by the United States department of	83270
health and human services under the "Clinical Laboratory	83271
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	83272
In addition, the laboratory shall maintain accreditation or	83273
certification with an appropriate accrediting or certifying	83274
organization as considered necessary by the recipients of its	83275
laboratory services and as authorized by the director of	83276
rehabilitation and correction.	83277

(C) The cost of administering this section shall be	83278
determined by the department of rehabilitation and correction and	83279
shall be paid by entities that receive laboratory services to the	83280
department for deposit in the state treasury to the credit of the	83281
laboratory services fund, which is hereby created. The fund shall	83282
be used to pay the costs the department incurs in administering	83283
this section.	83284

(D) Whenever a state agency fails to make a payment for	83285
laboratory services provided to it by the department of	83286
rehabilitation and correction under this section within thirty-one	83287
days after the date the payment was due, the office of budget and	83288
management may transfer moneys from that state agency to the	83289
department of rehabilitation and correction for deposit to the	83290
credit of the laboratory services fund. The amount transferred	83291
shall not exceed the amount of the overdue payments. Prior to	83292
making a transfer under this division, the office shall apply any	83293
credits the state agency has accumulated in payment for laboratory	83294
services provided under this section.	83295

Sec. 5120.17. (A) As used in this section:

83296

(1) "Mental illness" means a substantial disorder of thought,	83297
mood, perception, orientation, or memory that grossly impairs	83298
judgment, behavior, capacity to recognize reality, or ability to	83299
meet the ordinary demands of life.	83300

(2) "Mentally ill person subject to hospitalization" means a	83301
mentally ill person to whom any of the following applies because	83302
of the person's mental illness:	83303

(a) The person represents a substantial risk of physical harm	83304
to the person as manifested by evidence of threats of, or attempts	83305
at, suicide or serious self-inflicted bodily harm.	83306

(b) The person represents a substantial risk of physical harm	83307
to others as manifested by evidence of recent homicidal or other	83308
violent behavior, evidence of recent threats that place another in	83309
reasonable fear of violent behavior and serious physical harm, or	83310
other evidence of present dangerousness.	83311

(c) The person represents a substantial and immediate risk of	83312
serious physical impairment or injury to the person as manifested	83313
by evidence that the person is unable to provide for and is not	83314
providing for the person's basic physical needs because of the	83315
person's mental illness and that appropriate provision for those	83316
needs cannot be made immediately available in the correctional	83317
institution in which the inmate is currently housed.	83318

(d) The person would benefit from treatment in a hospital for	83319
the person's mental illness and is in need of treatment in a	83320
hospital as manifested by evidence of behavior that creates a	83321
grave and imminent risk to substantial rights of others or the	83322
person.	83323

(3) "Psychiatric hospital" means all or part of a facility	83324
that is operated and managed by the department of ~~mental health~~	83325
mental health and addiction services to provide psychiatric	83326
hospitalization services in accordance with the requirements of	83327
this section pursuant to an agreement between the directors of	83328
rehabilitation and correction and ~~mental health~~mental health and	83329
addiction services or, is licensed by the department of ~~mental~~	83330
~~health~~mental health and addiction services pursuant to section	83331
~~5119.20~~5119.33 of the Revised Code as a psychiatric hospital and	83332
is accredited by a healthcare accrediting organization approved by	83333
the department of ~~mental health~~mental health and addiction	83334
services and the psychiatric hospital is any of the following:	83335

(a) Operated and managed by the department of rehabilitation	83336
and correction within a facility that is operated by the	83337
department of rehabilitation and correction;	83338

(b) Operated and managed by a contractor for the department	83339
of rehabilitation and correction within a facility that is	83340
operated by the department of rehabilitation and correction;	83341

(c) Operated and managed in the community by an entity that	83342
has contracted with the department of rehabilitation and	83343
correction to provide psychiatric hospitalization services in	83344
accordance with the requirements of this section.	83345

(4) "Inmate patient" means an inmate who is admitted to a	83346
psychiatric hospital.	83347

(5) "Admitted" to a psychiatric hospital means being accepted	83348
for and staying at least one night at the psychiatric hospital.	83349

(6) "Treatment plan" means a written statement of reasonable	83350
objectives and goals for an inmate patient that is based on the	83351
needs of the inmate patient and that is established by the	83352
treatment team, with the active participation of the inmate	83353
patient and with documentation of that participation. "Treatment	83354
plan" includes all of the following:	83355

(a) The specific criteria to be used in evaluating progress	83356
toward achieving the objectives and goals;	83357

(b) The services to be provided to the inmate patient during	83358
the inmate patient's hospitalization;	83359

(c) The services to be provided to the inmate patient after	83360
discharge from the hospital, including, but not limited to,	83361
housing and mental health services provided at the state	83362
correctional institution to which the inmate patient returns after	83363
discharge or community mental health services.	83364

(7) "Mentally retarded person subject to institutionalization	83365
by court order" has the same meaning as in section 5123.01 of the	83366
Revised Code.	83367

(8) "Emergency transfer" means the transfer of a mentally ill	83368
inmate to a psychiatric hospital when the inmate presents an	83369
immediate danger to self or others and requires hospital-level	83370
care.	83371

(9) "Uncontested transfer" means the transfer of a mentally	83372
ill inmate to a psychiatric hospital when the inmate has the	83373
mental capacity to, and has waived, the hearing required by	83374
division (B) of this section.	83375

(10)(a) "Independent decision-maker" means a person who is	83376
employed or retained by the department of rehabilitation and	83377
correction and is appointed by the chief or chief clinical officer	83378
of mental health services as a hospitalization hearing officer to	83379
conduct due process hearings.	83380

(b) An independent decision-maker who presides over any	83381
hearing or issues any order pursuant to this section shall be a	83382
psychiatrist, psychologist, or attorney, shall not be specifically	83383
associated with the institution in which the inmate who is the	83384
subject of the hearing or order resides at the time of the hearing	83385
or order, and previously shall not have had any treatment	83386
relationship with nor have represented in any legal proceeding the	83387
inmate who is the subject of the order.	83388

(B)(1) Except as provided in division (C) of this section, if	83389
the warden of a state correctional institution or the warden's	83390
designee believes that an inmate should be transferred from the	83391
institution to a psychiatric hospital, the department shall hold a	83392
hearing to determine whether the inmate is a mentally ill person	83393
subject to hospitalization. The department shall conduct the	83394
hearing at the state correctional institution in which the inmate	83395
is confined, and the department shall provide qualified	83396
independent assistance to the inmate for the hearing. An	83397
independent decision-maker provided by the department shall	83398
preside at the hearing and determine whether the inmate is a	83399
mentally ill person subject to hospitalization.	83400

(2) Except as provided in division (C) of this section, prior	83401
to the hearing held pursuant to division (B)(1) of this section,	83402
the warden or the warden's designee shall give written notice to	83403
the inmate that the department is considering transferring the	83404
inmate to a psychiatric hospital, that it will hold a hearing on	83405
the proposed transfer at which the inmate may be present, that at	83406
the hearing the inmate has the rights described in division (B)(3)	83407
of this section, and that the department will provide qualified	83408
independent assistance to the inmate with respect to the hearing.	83409
The department shall not hold the hearing until the inmate has	83410
received written notice of the proposed transfer and has had	83411
sufficient time to consult with the person appointed by the	83412
department to provide assistance to the inmate and to prepare for	83413
a presentation at the hearing.	83414

(3) At the hearing held pursuant to division (B)(1) of this	83415
section, the department shall disclose to the inmate the evidence	83416
that it relies upon for the transfer and shall give the inmate an	83417
opportunity to be heard. Unless the independent decision-maker	83418
finds good cause for not permitting it, the inmate may present	83419
documentary evidence and the testimony of witnesses at the hearing	83420
and may confront and cross-examine witnesses called by the	83421
department.	83422

(4) If the independent decision-maker does not find clear and	83423
convincing evidence that the inmate is a mentally ill person	83424
subject to hospitalization, the department shall not transfer the	83425
inmate to a psychiatric hospital but shall continue to confine the	83426
inmate in the same state correctional institution or in another	83427
state correctional institution that the department considers	83428
appropriate. If the independent decision-maker finds clear and	83429
convincing evidence that the inmate is a mentally ill person	83430
subject to hospitalization, the decision-maker shall order that	83431
the inmate be transported to a psychiatric hospital for	83432
observation and treatment for a period of not longer than thirty	83433
days. After the hearing, the independent decision-maker shall	83434
submit to the department a written decision that states one of the	83435
findings described in division (B)(4) of this section, the	83436
evidence that the decision-maker relied on in reaching that	83437
conclusion, and, if the decision is that the inmate should be	83438
transferred, the reasons for the transfer.	83439

(C)(1) The department may transfer an inmate to a psychiatric	83440
hospital under an emergency transfer order if the chief clinical	83441
officer of mental health services of the department or that	83442
officer's designee and either a psychiatrist employed or retained	83443
by the department or, in the absence of a psychiatrist, a	83444
psychologist employed or retained by the department determines	83445
that the inmate is mentally ill, presents an immediate danger to	83446
self or others, and requires hospital-level care.	83447

(2) The department may transfer an inmate to a psychiatric	83448
hospital under an uncontested transfer order if both of the	83449
following apply:	83450

(a) A psychiatrist employed or retained by the department	83451
determines all of the following apply:	83452

(i) The inmate has a mental illness or is a mentally ill	83453
person subject to hospitalization.	83454

(ii) The inmate requires hospital care to address the mental	83455
illness.	83456

(iii) The inmate has the mental capacity to make a reasoned	83457
choice regarding the inmate's transfer to a hospital.	83458

(b) The inmate agrees to a transfer to a hospital.

83459

(3) The written notice and the hearing required under	83460
divisions (B)(1) and (2) of this section are not required for an	83461
emergency transfer or uncontested transfer under division (C)(1)	83462
or (2) of this section.	83463

(4) After an emergency transfer under division (C)(1) of this	83464
section, the department shall hold a hearing for continued	83465
hospitalization within five working days after admission of the	83466
transferred inmate to the psychiatric hospital. The department	83467
shall hold subsequent hearings pursuant to division (F) of this	83468
section at the same intervals as required for inmate patients who	83469
are transported to a psychiatric hospital under division (B)(4) of	83470
this section.	83471

(5) After an uncontested transfer under division (C)(2) of	83472
this section, the inmate may withdraw consent to the transfer in	83473
writing at any time. Upon the inmate's withdrawal of consent, the	83474
hospital shall discharge the inmate, or, within five working days,	83475
the department shall hold a hearing for continued hospitalization.	83476
The department shall hold subsequent hearings pursuant to division	83477
(F) of this section at the same time intervals as required for	83478
inmate patients who are transported to a psychiatric hospital	83479
under division (B)(4) of this section.	83480

(D)(1) If an independent decision-maker, pursuant to division	83481
(B)(4) of this section, orders an inmate transported to a	83482
psychiatric hospital or if an inmate is transferred pursuant to	83483
division (C)(1) or (2) of this section, the staff of the	83484
psychiatric hospital shall examine the inmate patient when	83485
admitted to the psychiatric hospital as soon as practicable after	83486
the inmate patient arrives at the hospital and no later than	83487
twenty-four hours after the time of arrival. The attending	83488
physician responsible for the inmate patient's care shall give the	83489
inmate patient all information necessary to enable the patient to	83490
give a fully informed, intelligent, and knowing consent to the	83491
treatment the inmate patient will receive in the hospital. The	83492
attending physician shall tell the inmate patient the expected	83493
physical and medical consequences of any proposed treatment and	83494
shall give the inmate patient the opportunity to consult with	83495
another psychiatrist at the hospital and with the inmate advisor.	83496

(2) No inmate patient who is transported or transferred	83497
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	83498
psychiatric hospital within a facility that is operated by the	83499
department of rehabilitation and correction shall be subjected to	83500
any of the following procedures:	83501

(a) Convulsive therapy;

83502

(b) Major aversive interventions;

83503

83504

(d) Psychosurgery.

83505

(E) The department of rehabilitation and correction shall	83506
ensure that an inmate patient hospitalized pursuant to this	83507
section receives or has all of the following:	83508

(1) Receives sufficient professional care within twenty days	83509
of admission to ensure that an evaluation of the inmate patient's	83510
current status, differential diagnosis, probable prognosis, and	83511
description of the current treatment plan have been formulated and	83512
are stated on the inmate patient's official chart;	83513

(2) Has a written treatment plan consistent with the	83514
evaluation, diagnosis, prognosis, and goals of treatment;	83515

(3) Receives treatment consistent with the treatment plan;

83516

(4) Receives periodic reevaluations of the treatment plan by	83517
the professional staff at intervals not to exceed thirty days;	83518

(5) Is provided with adequate medical treatment for physical	83519
disease or injury;	83520

(6) Receives humane care and treatment, including, without	83521
being limited to, the following:	83522

(a) Access to the facilities and personnel required by the	83523
treatment plan;	83524

(b) A humane psychological and physical environment;

83525

(c) The right to obtain current information concerning the	83526
treatment program, the expected outcomes of treatment, and the	83527
expectations for the inmate patient's participation in the	83528
treatment program in terms that the inmate patient reasonably can	83529
understand;	83530

(d) Opportunity for participation in programs designed to	83531
help the inmate patient acquire the skills needed to work toward	83532
discharge from the psychiatric hospital;	83533

(e) The right to be free from unnecessary or excessive	83534
medication and from unnecessary restraints or isolation;	83535

(f) All other rights afforded inmates in the custody of the	83536
department consistent with rules, policy, and procedure of the	83537
department.	83538

(F) The department shall hold a hearing for the continued	83539
hospitalization of an inmate patient who is transported or	83540
transferred to a psychiatric hospital pursuant to division (B)(4)	83541
or (C)(1) of this section prior to the expiration of the initial	83542
thirty-day period of hospitalization. The department shall hold	83543
any subsequent hearings, if necessary, not later than ninety days	83544
after the first thirty-day hearing and then not later than each	83545
one hundred and eighty days after the immediately prior hearing.	83546
An independent decision-maker shall conduct the hearings at the	83547
psychiatric hospital in which the inmate patient is confined. The	83548
inmate patient shall be afforded all of the rights set forth in	83549
this section for the hearing prior to transfer to the psychiatric	83550
hospital. The department may not waive a hearing for continued	83551
commitment. A hearing for continued commitment is mandatory for an	83552
inmate patient transported or transferred to a psychiatric	83553
hospital pursuant to division (B)(4) or (C)(1) of this section	83554
unless the inmate patient has the capacity to make a reasoned	83555
choice to execute a waiver and waives the hearing in writing. An	83556
inmate patient who is transferred to a psychiatric hospital	83557
pursuant to an uncontested transfer under division (C)(2) of this	83558
section and who has scheduled hearings after withdrawal of consent	83559
for hospitalization may waive any of the scheduled hearings if the	83560
inmate has the capacity to make a reasoned choice and executes a	83561
written waiver of the hearing.	83562

If upon completion of the hearing the independent	83563
decision-maker does not find by clear and convincing evidence that	83564
the inmate patient is a mentally ill person subject to	83565
hospitalization, the independent decision-maker shall order the	83566
inmate patient's discharge from the psychiatric hospital. If the	83567
independent decision-maker finds by clear and convincing evidence	83568
that the inmate patient is a mentally ill person subject to	83569
hospitalization, the independent decision-maker shall order that	83570
the inmate patient remain at the psychiatric hospital for	83571
continued hospitalization until the next required hearing.	83572

If at any time prior to the next required hearing for	83573
continued hospitalization, the medical director of the hospital or	83574
the attending physician determines that the treatment needs of the	83575
inmate patient could be met equally well in an available and	83576
appropriate less restrictive state correctional institution or	83577
unit, the medical director or attending physician may discharge	83578
the inmate to that facility.	83579

(G) An inmate patient is entitled to the credits toward the	83580
reduction of the inmate patient's stated prison term pursuant to	83581
Chapters 2967. and 5120. of the Revised Code under the same terms	83582
and conditions as if the inmate patient were in any other	83583
institution of the department of rehabilitation and correction.	83584

(H) The adult parole authority may place an inmate patient on	83585
parole or under post-release control directly from a psychiatric	83586
hospital.	83587

(I) If an inmate patient who is a mentally ill person subject	83588
to hospitalization is to be released from a psychiatric hospital	83589
because of the expiration of the inmate patient's stated prison	83590
term, the director of rehabilitation and correction or the	83591
director's designee, at least fourteen days before the expiration	83592
date, may file an affidavit under section 5122.11 or 5123.71 of	83593
the Revised Code with the probate court in the county where the	83594
psychiatric hospital is located or the probate court in the county	83595
where the inmate will reside, alleging that the inmate patient is	83596
a mentally ill person subject to hospitalization by court order or	83597
a mentally retarded person subject to institutionalization by	83598
court order, whichever is applicable. The proceedings in the	83599
probate court shall be conducted pursuant to Chapter 5122. or	83600
5123. of the Revised Code except as modified by this division.	83601

Upon the request of the inmate patient, the probate court	83602
shall grant the inmate patient an initial hearing under section	83603
5122.141 of the Revised Code or a probable cause hearing under	83604
section 5123.75 of the Revised Code before the expiration of the	83605
stated prison term. After holding a full hearing, the probate	83606
court shall make a disposition authorized by section 5122.15 or	83607
5123.76 of the Revised Code before the date of the expiration of	83608
the stated prison term. No inmate patient shall be held in the	83609
custody of the department of rehabilitation and correction past	83610
the date of the expiration of the inmate patient's stated prison	83611
term.	83612

(J) The department of rehabilitation and correction shall set	83613
standards for treatment provided to inmate patients.	83614

(K) A certificate, application, record, or report that is	83615
made in compliance with this section and that directly or	83616
indirectly identifies an inmate or former inmate whose	83617
hospitalization has been sought under this section is	83618
confidential. No person shall disclose the contents of any	83619
certificate, application, record, or report of that nature or any	83620
other psychiatric or medical record or report regarding a mentally	83621
ill inmate unless one of the following applies:	83622

(1) The person identified, or the person's legal guardian, if	83623
any, consents to disclosure, and the chief clinical officer or	83624
designee of mental health services of the department of	83625
rehabilitation and correction determines that disclosure is in the	83626
best interests of the person.	83627

(2) Disclosure is required by a court order signed by a	83628
judge.	83629

(3) An inmate patient seeks access to the inmate patient's	83630
own psychiatric and medical records, unless access is specifically	83631
restricted in the treatment plan for clear treatment reasons.	83632

(4) Hospitals and other institutions and facilities within	83633
the department of rehabilitation and correction may exchange	83634
psychiatric records and other pertinent information with other	83635
hospitals, institutions, and facilities of the department, but the	83636
information that may be released about an inmate patient is	83637
limited to medication history, physical health status and history,	83638
summary of course of treatment in the hospital, summary of	83639
treatment needs, and a discharge summary, if any.	83640

(5) An inmate patient's family member who is involved in	83641
planning, providing, and monitoring services to the inmate patient	83642
may receive medication information, a summary of the inmate	83643
patient's diagnosis and prognosis, and a list of the services and	83644
personnel available to assist the inmate patient and family if the	83645
attending physician determines that disclosure would be in the	83646
best interest of the inmate patient. No disclosure shall be made	83647
under this division unless the inmate patient is notified of the	83648
possible disclosure, receives the information to be disclosed, and	83649
does not object to the disclosure.	83650

(6) The department of rehabilitation and correction may	83651
exchange psychiatric hospitalization records, other mental health	83652
treatment records, and other pertinent information with county	83653
sheriffs' offices, hospitals, institutions, and facilities of the	83654
department of ~~mental health~~mental health and addiction services	83655
and with community mental health ~~agencies~~services providers and	83656
boards of alcohol, drug addiction, and mental health services with	83657
which the department of ~~mental health~~mental health and addiction	83658
services has a current agreement for patient care or services to	83659
ensure continuity of care. Disclosure under this division is	83660
limited to records regarding a mentally ill inmate's medication	83661
history, physical health status and history, summary of course of	83662
treatment, summary of treatment needs, and a discharge summary, if	83663
any. No office, department, agency, provider, or board shall	83664
disclose the records and other information unless one of the	83665
following applies:	83666

(a) The mentally ill inmate is notified of the possible	83667
disclosure and consents to the disclosure.	83668

(b) The mentally ill inmate is notified of the possible	83669
disclosure, an attempt to gain the consent of the inmate is made,	83670
and the office, department, agency, or board documents the attempt	83671
to gain consent, the inmate's objections, if any, and the reasons	83672
for disclosure in spite of the inmate's objections.	83673

(7) Information may be disclosed to staff members designated	83674
by the director of rehabilitation and correction for the purpose	83675
of evaluating the quality, effectiveness, and efficiency of	83676
services and determining if the services meet minimum standards.	83677

The name of an inmate patient shall not be retained with the	83678
information obtained during the evaluations.	83679

(L) The director of rehabilitation and correction may adopt	83680
rules setting forth guidelines for the procedures required under	83681
divisions (B), (C)(1), and (C)(2) of this section.	83682

Sec. 5120.171. (A) The department of rehabilitation and	83683
correction shall have exclusive direction and control of the care	83684
and treatment of seriously mentally ill inmates who are in the	83685
department's custody. The department shall enter into any	83686
arrangements it considers desirable on such matters, including but	83687
not limited to both of the following:	83688

(1) The monitoring of such services by another state agency	83689
or agencies;	83690

(2) Adopting joint standards for the provision and monitoring	83691
of mental health services with the department of ~~mental health~~	83692
mental health and addiction services and other state agencies.	83693

(B) In order to implement its duties imposed by division (A)	83694
of this section, the department of rehabilitation and correction	83695
may enter into a contract for the provision of the mental health	83696
services described in that division.	83697

Sec. 5120.652. To participate in the prison nursery program,	83698
each eligible inmate selected by the department shall do all the	83699
following:	83700

(A) Agree in writing to do all the following:

83701

(1) Comply with any program, educational, counseling, and	83702
other requirements established for the program by the department	83703
of rehabilitation and correction;	83704

(2) If eligible, have the child participate in the medicaid	83705
program or a health insurance program;	83706

(3) Accept the normal risks of childrearing;

83707

(4) Abide by any court decisions regarding the allocation of	83708
parental rights and responsibilities with respect to the child.	83709

(B) Assign to the department any rights to support from any	83710
other person, excluding support assigned pursuant to section	83711
5107.20 of the Revised Code and medical support assigned pursuant	83712
to section ~~5101.59~~5160.38 of the Revised Code;	83713

(C) Specify with whom the child is to be placed in the event	83714
the inmate's participation in the program is terminated for a	83715
reason other than release from imprisonment.	83716

Sec. 5120.654. (A) The rights to support assigned by an	83717
inmate pursuant to section 5120.652 of the Revised Code constitute	83718
an obligation of the person who is responsible for providing the	83719
support to the department of rehabilitation and correction for the	83720
support provided the inmate and child pursuant to the prison	83721
nursery program. The division of child support in the department	83722
of job and family services shall collect support payments made	83723
pursuant to the assignment and forward them to the department of	83724
rehabilitation and correction.	83725

(B) The department of rehabilitation and correction may	83726
receive the following:	83727

(1) Money that is assigned or donated on behalf of, and	83728
~~public~~ assistance provided under Ohio works first to, a specific	83729
inmate or child participating in the prison nursery program;	83730

(2) Money assigned or donated to establish and maintain the	83731
prison nursery program.	83732

(C) The amounts described in division (B)(1) of this section	83733
shall be placed in the individual nursery account created and	83734
maintained under section 5120.655 of the Revised Code for the	83735
inmate and child for whom the money was received. The money	83736
described in division (B)(2) of this section shall be deposited in	83737
the appropriate prison nursery program fund.	83738

Sec. 5121.051. All outstanding liability of relatives for	83739
the support of any patient or resident in a benevolent institution	83740
under the control of the department of ~~mental health~~mental health	83741
and addiction services or the department of developmental	83742
disabilities accrued prior to January 1, 1956, including the	83743
liability of the patient personally, is hereby canceled, provided	83744
that this section does not abrogate any written agreements or	83745
security arrangement for the payment of support charges entered	83746
into between the state and any patient or liable relative prior to	83747
such date.	83748

Sec. 5121.30. As used in sections 5121.30 to 5121.56 of the	83749
Revised Code:	83750

(A) ~~"Community mental health services client" or "client"~~	83751
~~means a person receiving state-operated community mental health~~	83752
~~services.~~	83753

~~(B)~~ "Countable assets" means all of the following:

83754

(1) Cash;

83755

(2) Bank deposits;

83756

(3) Securities;

83757

(4) Individual retirement accounts;

83758

(5) Qualified employer plans, including 401(k) and Keogh	83759
plans;	83760

(6) Annuities;

83761

(7) Funds in a trust created under section 5815.28 of the	83762
Revised Code;	83763

(8) Investment property and income;

83764

(9) The cash surrender values of life insurance policies;

83765

(10) Assets acquired by gift, bequest, devise, or	83766
inheritance;	83767

(11) Any other asset determined by the department of ~~mental~~	83768
~~health~~mental health and addiction services to be equivalent to	83769
the assets enumerated in this division.	83770

~~(C)~~(B) "Federal poverty level" or "FPL" means the income	83771
level represented by the poverty guidelines as revised annually by	83772
the United States department of health and human services in	83773
accordance with section 673(2) of the "Omnibus Reconciliation Act	83774
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	83775
size equal to the size of the family of the person whose income is	83776
being determined.	83777

~~(D)~~(C) "Federal poverty guidelines" means the poverty	83778
guidelines as revised annually by the United States department of	83779
health and human services in accordance with section 673(2) of the	83780
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	83781
U.S.C. 9902, as amended, for a family size equal to the size of	83782
the family of the person whose income is being determined.	83783

~~(E)~~(D) "Hospital" means an institution, hospital, or other	83784
place established, controlled, or supervised by the department of	83785
~~mental health~~mental health and addiction services under Chapter	83786
5119. of the Revised Code.	83787

~~(F)~~(E) "Liable relative" means all of the following:

83788

(1) A patient's spouse;

83789

(2) A patient's mother or father, or both, if the patient is	83790
under eighteen years of age;	83791

(3) A patient's guardian.

83792

~~(G)~~(F) "Patient" means a person admitted to a hospital for	83793
inpatient care or treatment, including a person transferred to a	83794
hospital from a state correctional institution or a person under	83795
indictment or conviction who has been transferred to a hospital.	83796

Sec. 5121.32. On an annual basis, the department of ~~mental~~	83797
~~health~~mental health and addiction services shall determine both	83798
of the following using generally accepted governmental accounting	83799
principles:	83800

(A) The applicable per diem charge for each hospital operated	83801
by the department;	83802

(B) The ancillary per diem rate for each hospital operated by	83803
the department.	83804

In determining a hospital's applicable per diem charge and	83805
ancillary per diem rate, the department shall consider the average	83806
actual per diem cost of maintaining and treating a patient at the	83807
hospital or, at the department's discretion, the average actual	83808
per diem cost of maintaining and treating a patient in a unit of	83809
the hospital.	83810

Sec. 5121.33. Except as provided in sections 5121.35,	83811
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	83812
Code, the department of ~~mental health~~mental health and addiction	83813
services shall, for each billing cycle, charge a patient,	83814
patient's estate, or liable relative an amount equal to the sum of	83815
the following:	83816

(A) The applicable per diem charge multiplied by the number	83817
of days the patient was admitted to the hospital;	83818

(B) An amount that was previously billed but not paid.

83819

Sec. 5121.34. (A) A patient, patient's estate, and patient's	83820
liable relatives shall be jointly and severally liable for amounts	83821
charged by the department of ~~mental health~~mental health and	83822
addiction services in accordance with section 5121.33 or 5121.35	83823
of the Revised Code. In no case shall any of the foregoing persons	83824
be liable for more than one hundred per cent of the full sum	83825
charged under section 5121.33 of the Revised Code.	83826

(B) Collections of support payments shall be made by the	83827
department and, subject to meeting prior requirements for payment	83828
and crediting of such collections and other available receipts, in	83829
accordance with the bond proceedings applicable to obligations	83830
issued pursuant to section 154.20 of the Revised Code. The	83831
collections and other available receipts designated by the	83832
director of ~~mental health~~mental health and addiction services for	83833
deposit in the special accounts, together with insurance contract	83834
payments provided for in section 5121.43 of the Revised Code,	83835
shall be remitted to the treasurer of state for deposit in the	83836
state treasury to the credit of the mental health operating fund,	83837
which is hereby created, to be used for the general purposes of	83838
the department. The department shall make refunds of overpayment	83839
of support charges from the mental health operating fund.	83840

Sec. 5121.35. The department of ~~mental health~~mental health	83841
and addiction services shall charge a patient, patient's estate,	83842
or liable relative an amount discounted from the amount the	83843
department charges under section 5121.33 of the Revised Code if	83844
the department determines through the application process	83845
described in section 5121.36 of the Revised Code or through the	83846
financial assessment process described in section 5121.37 of the	83847
Revised Code that the patient, estate, or relative is eligible for	83848
a discount.	83849

Sec. 5121.36. (A) A patient, patient's estate, or liable	83850
relative may apply for a discount by completing an application	83851
form prescribed by the director of ~~mental health~~mental health and	83852
addiction services. The department of ~~mental health~~mental health	83853
and addiction services may require a patient, estate, or relative	83854
to furnish any of the following with an application form:	83855

(1) A copy of the patient's, estate's, or liable relative's	83856
federal income tax return for the year preceding the date of	83857
application or, if that is not yet available, the preceding year;	83858

(2) A copy of the patient's, estate's, or liable relative's	83859
employee tax withholding return (form W-2) for the year preceding	83860
the date of application;	83861

(3) Any other relevant documents prescribed by the director	83862
of ~~mental health~~mental health and addiction services.	83863

(B) To be considered, an application must be submitted to the	83864
department not later than ninety days after the date the patient	83865
is admitted to a hospital.	83866

(C) From the information provided by a patient, estate, or	83867
relative, the department shall determine whether the department	83868
will charge the person a discounted amount in accordance with	83869
sections 5121.40 and 5121.41 of the Revised Code. In making this	83870
determination, the department shall consider whether the patient	83871
is covered by an insurance policy or other contract that provides	83872
for payment of expenses and treatment for mental illness. If the	83873
department determines that the patient has coverage, the	83874
department shall require payment in accordance with section	83875
5121.43 of the Revised Code.	83876

(D) The department shall notify the patient, executor or	83877
administrator of the patient's estate, or liable relative who	83878
submitted the application form in writing regarding whether that	83879
person will be charged a discounted amount and the per diem rate	83880
to be charged.	83881

(E) In accordance with section 5121.42 of the Revised Code,	83882
the department may, at any time, modify an amount charged or	83883
change the per diem rate to be charged if the department learns of	83884
countable assets or income that was not previously disclosed or	83885
was acquired after the application form was submitted. Within a	83886
reasonable time, the department shall notify in writing any person	83887
affected by a modification or change.	83888

Sec. 5121.37. After a patient's admittance to a hospital, the	83889
department of ~~mental health~~mental health and addiction services	83890
shall conduct a financial assessment to determine whether the	83891
patient, patient's estate, or liable relative will be charged an	83892
amount discounted from the amount the department charges under	83893
section 5121.33 of the Revised Code. The department shall make the	83894
determination in accordance with sections 5121.40 and 5121.41 of	83895
the Revised Code.	83896

If a discounted rate is to be charged, the department shall	83897
notify the person whose financial condition was assessed. The	83898
notice shall specify the per diem rate to be charged.	83899

In accordance with section 5121.42 of the Revised Code, the	83900
department may, at any time, modify an amount charged or change	83901
the per diem rate to be charged if the department learns of	83902
countable assets or income that was not previously disclosed or	83903
was acquired after the assessment was conducted. Within a	83904
reasonable time, the department shall notify in writing any person	83905
affected by a modification or change.	83906

Sec. 5121.38. The department of ~~mental health~~mental health	83907
and addiction services may subpoena witnesses, take testimony	83908
under oath, and examine any public records relating to the income	83909
and other assets of a patient or of a relative liable for such	83910
patient's support. All information, conclusions, and	83911
recommendations shall be submitted to the department by the	83912
investigating agent of the department.	83913

Sec. 5121.40. (A) A patient, patient's estate, or liable	83914
relative may be eligible to be charged an amount discounted from	83915
the amount the department of ~~mental health~~mental health and	83916
addiction services charges under section 5121.33 of the Revised	83917
Code if the patient, estate, or relative has countable assets with	83918
a total value that is not greater than an amount equal to fifty	83919
per cent of the difference between the following:	83920

(1) The gross annual income that corresponds with a family	83921
size of two persons at one hundred per cent of the federal poverty	83922
level for the state;	83923

(2) The gross annual income that corresponds with a family	83924
size of one person at one hundred per cent of the federal poverty	83925
level for the state. For purposes of determining family size, the	83926
patient is one dependent. One additional dependent shall be	83927
included for each of the following circumstances and persons:	83928

(a) The patient or liable relative is legally blind or deaf.

83929

(b) The patient or liable relative is of sixty-five years of	83930
age or older.	83931

(c) Each child under eighteen years of age for which the	83932
patient or liable relative has legal custody;	83933

(d) The patient's or liable relative's spouse.

83934

(B) A patient, estate, or relative may, not later than ninety	83935
days after the patient's admission to a hospital, surrender the	83936
value of countable assets sufficient to reduce countable assets to	83937
not more than the limit described in division (A) of this section.	83938

Sec. 5121.42. (A) Except as provided in division (B) of this	83939
section, a patient, patient's estate, or liable relative shall	83940
cease to be eligible for a discount under ~~sections~~section 5121.36	83941
or 5121.37 of the Revised Code on accumulation of countable assets	83942
in excess of an amount equal to fifty per cent of the difference	83943
between the following:	83944

(1) The gross annual income that corresponds with a family	83945
size of two persons at one hundred per cent of the federal poverty	83946
level for the state;	83947

(2) The gross annual income that corresponds with a family	83948
size of one person at one hundred per cent of the federal poverty	83949
level for the state.	83950

(B) Money needed to meet the patient's needs and burial fund	83951
as determined by a needs assessment conducted by the department of	83952
~~mental health~~mental health and addiction services pursuant to	83953
rules adopted under section ~~5119.01~~5119.10 of the Revised Code	83954
shall be excluded from any determination the department makes	83955
under division (A) of this section.	83956

Sec. 5121.43. If a patient is covered by an insurance policy	83957
or other contract that provides for payment of expenses for care	83958
and treatment for mental illness at or from a hospital under the	83959
jurisdiction of the department of ~~mental health~~mental health and	83960
addiction services, sections 5121.33 to 5121.55 of the Revised	83961
Code are inapplicable to the extent that the policy or contract is	83962
in force. Any insurance carrier or other third party payor	83963
providing coverage for such care and treatment shall pay for the	83964
patient's support obligation in amounts equal to the lesser of	83965
amounts charged by the department under section 5121.33 of the	83966
Revised Code or the benefits provided under the policy or other	83967
contract. Whether or not an insured, owner of, or other person	83968
having an interest in such policy or other contract is liable for	83969
support payments, the insured, policy owner, or other person shall	83970
assign payment directly to the department of all assignable	83971
benefits under the policy or other contract and shall pay to the	83972
department, within ten days of receipt, all insurance or other	83973
benefits received as reimbursement or payment for expenses	83974
incurred by the patient or for any other reason. If the insured,	83975
policy owner, or other person refuses to assign payment to the	83976
department or refuses to pay received reimbursements or payments	83977
to the department within ten days of receipt, the total liability	83978
of the insured, policy owner, or other person for the services is	83979
an amount equal to the per diem charge for the hospital where the	83980
patient was admitted multiplied by the number of days the patient	83981
was admitted.	83982

In no event shall this total liability exceed the	83983
department's actual cost of providing care and treatment to a	83984
patient. The department may disqualify patients and liable	83985
relatives who have retained third party funds from future	83986
discounts. The department may request that the attorney general	83987
petition a court of competent jurisdiction to compel the insured,	83988
owner of, or other person having an interest in the policy or	83989
contract to comply with the assignment requirements in this	83990
section.	83991

Sec. 5121.44. The department of ~~mental health~~mental health	83992
and addiction services may enter into an extended payment	83993
agreement with a patient, patient's estate, or liable relative who	83994
has notified the department that the patient, estate, or relative	83995
cannot reasonably pay an amount the department has charged. In no	83996
case shall the department take a security interest, mortgage, or	83997
lien against the principal family residence of a patient or liable	83998
relative.	83999

Sec. 5121.45. (A) For purposes of this section, "delinquent	84000
payment" means an amount owed by a patient, patient's estate, or	84001
liable relative to the department of ~~mental health~~mental health	84002
and addiction services for which the person has failed to do	84003
either of the following not later than ninety days after the	84004
service associated with the charge was incurred:	84005

(1) Make payment in full;

84006

(2) Make a payment in accordance with the terms of an	84007
agreement entered into under section 5121.44 of the Revised Code.	84008

(B) An action to enforce the collection of a delinquent	84009
payment shall be commenced not later than six years after the	84010
later of the following:	84011

(1) The last date the department received money to satisfy	84012
the delinquent payment;	84013

(2) The date the charge was due.

84014

(C) In all actions to enforce the collection of delinquent	84015
payments, a court of record shall receive into evidence the proof	84016
of claim document made by the state together with all debts and	84017
credits. The proof of claim document shall be prima-facie evidence	84018
of the facts stated in the document.	84019

Sec. 5121.46. The department of ~~mental health~~mental health	84020
and addiction services shall not charge a liable relative under	84021
sections 5121.33 and 5121.35 of the Revised Code who has done	84022
either of the following:	84023

(A) Paid all amounts charged by the department for the care	84024
and treatment of a particular patient for fifteen consecutive	84025
years;	84026

(B) Paid amounts charged by the department for the care and	84027
treatment of more than one patient for a total of fifteen	84028
consecutive years.	84029

Sec. 5121.47. Irrespective of the number of patients for	84030
which the department of ~~mental health~~mental health and addiction	84031
services may charge a liable relative under sections 5121.33 or	84032
and 5121.35 of the Revised Code, the department shall not charge a	84033
liable relative or group of liable relatives who are members of	84034
the same family unit for the support of more than one patient	84035
during the same period of time.	84036

Sec. 5121.49. (A) Any person who has been charged under	84037
section 5121.33 or 5121.35 of the Revised Code may petition the	84038
department of ~~mental health~~mental health and addiction services	84039
to do the following:	84040

(1) Release the person from a charge;

84041

(2) Modify or cancel a charge.

84042

(B) The department shall respond to a petition in writing and	84043
inform the petitioner of whether a release, modification, or	84044
cancellation has been approved.	84045

Sec. 5121.50. When a patient is committed to a hospital	84046
pursuant to judicial proceedings, the judge ordering the	84047
commitment shall:	84048

(A) Make a reliable report on the financial condition of the	84049
patient and of each liable relative, as provided in rules adopted	84050
by the director of ~~mental health~~mental health and addiction	84051
services;	84052

(B) Certify the report required under division (A) of this	84053
section to the managing officer of the hospital. The managing	84054
officer shall thereupon enter in the managing officer's records	84055
the name and address of any guardian appointed and of any relative	84056
liable for the patient's support.	84057

Sec. 5121.51. In case the estate of any patient in a	84058
hospital is sufficient for the patient's support and no guardian	84059
has been appointed for such estate, the agent of the department of	84060
~~mental health~~mental health and addiction services shall petition	84061
the probate court of the proper county to appoint a guardian.	84062

Sec. 5121.52. On the death of a person who is a patient, or	84063
has been a patient in a hospital, or on the death of a person	84064
responsible under section 5121.34 of the Revised Code for the	84065
support of a patient, the department of ~~mental health~~mental	84066
health and addiction services may waive the presentation of any	84067
claim for support against the estate of such decedent, when in its	84068
judgment an otherwise dependent person will be directly benefited	84069
by the estate. Claims against an estate for support of a patient	84070
are subject to section 5815.28 and Chapter 2117. of the Revised	84071
Code, and shall be treated, and may be barred, the same as the	84072
claims of other creditors of the estate, pursuant to that section	84073
or chapter.	84074

The department of ~~mental health~~mental health and addiction	84075
services may accept from a guardian or trustee of a patient a	84076
contract agreeing to pay to the state from the property of the	84077
guardian's or trustee's ward before or at the death of the ward a	84078
fixed annual amount for the support of the ward while the ward is	84079
a patient, with interest at four per cent per annum. A copy of the	84080
contract shall be filed in the probate court of the proper county	84081
and duly entered as a part of the records concerning the ward.	84082

Sec. 5121.55. The cost for support of a client of	84083
state-operated community mental health services is an amount	84084
determined using guidelines the department of ~~mental health~~mental	84085
health and addiction services shall issue. The guidelines shall be	84086
based on cost findings and rate-settings applicable to such	84087
services.	84088

Sec. 5122.01. As used in this chapter and Chapter 5119. of	84089
the Revised Code:	84090

(A) "Mental illness" means a substantial disorder of thought,	84091
mood, perception, orientation, or memory that grossly impairs	84092
judgment, behavior, capacity to recognize reality, or ability to	84093
meet the ordinary demands of life.	84094

(B) "Mentally ill person subject to hospitalization by court	84095
order" means a mentally ill person who, because of the person's	84096
illness:	84097

(1) Represents a substantial risk of physical harm to self as	84098
manifested by evidence of threats of, or attempts at, suicide or	84099
serious self-inflicted bodily harm;	84100

(2) Represents a substantial risk of physical harm to others	84101
as manifested by evidence of recent homicidal or other violent	84102
behavior, evidence of recent threats that place another in	84103
reasonable fear of violent behavior and serious physical harm, or	84104
other evidence of present dangerousness;	84105

(3) Represents a substantial and immediate risk of serious	84106
physical impairment or injury to self as manifested by evidence	84107
that the person is unable to provide for and is not providing for	84108
the person's basic physical needs because of the person's mental	84109
illness and that appropriate provision for those needs cannot be	84110
made immediately available in the community; or	84111

(4) Would benefit from treatment in a hospital for the	84112
person's mental illness and is in need of such treatment as	84113
manifested by evidence of behavior that creates a grave and	84114
imminent risk to substantial rights of others or the person.	84115

(C)(1) "Patient" means, subject to division (C)(2) of this	84116
section, a person who is admitted either voluntarily or	84117
involuntarily to a hospital or other place under section 2945.39,	84118
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	84119
finding of not guilty by reason of insanity or incompetence to	84120
stand trial or under this chapter, who is under observation or	84121
receiving treatment in such place.	84122

(2) "Patient" does not include a person admitted to a	84123
hospital or other place under section 2945.39, 2945.40, 2945.401,	84124
or 2945.402 of the Revised Code to the extent that the reference	84125
in this chapter to patient, or the context in which the reference	84126
occurs, is in conflict with any provision of sections 2945.37 to	84127
2945.402 of the Revised Code.	84128

(D) "Licensed physician" means a person licensed under the	84129
laws of this state to practice medicine or a medical officer of	84130
the government of the United States while in this state in the	84131
performance of the person's official duties.	84132

(E) "Psychiatrist" means a licensed physician who has	84133
satisfactorily completed a residency training program in	84134
psychiatry, as approved by the residency review committee of the	84135
American medical association, the committee on post-graduate	84136
education of the American osteopathic association, or the American	84137
osteopathic board of neurology and psychiatry, or who on July 1,	84138
1989, has been recognized as a psychiatrist by the Ohio state	84139
medical association or the Ohio osteopathic association on the	84140
basis of formal training and five or more years of medical	84141
practice limited to psychiatry.	84142

(F) "Hospital" means a hospital or inpatient unit licensed by	84143
the department of ~~mental health~~mental health and addiction	84144
services under section ~~5119.20~~5119.33 of the Revised Code, and	84145
any institution, hospital, or other place established, controlled,	84146
or supervised by the department under Chapter 5119. of the Revised	84147
Code.	84148

(G) "Public hospital" means a facility that is tax-supported	84149
and under the jurisdiction of the department of ~~mental health~~	84150
mental health and addiction services.	84151

(H) "Community mental health ~~agency~~services provider" means	84152
an agency, association, corporation, individual, or program that	84153
provides community mental health services that are certified by	84154
the director of ~~mental health~~mental health and addiction services	84155
under section ~~5119.611~~5119.36 of the Revised Code.	84156

(I) "Licensed clinical psychologist" means a person who holds	84157
a current valid psychologist license issued under section 4732.12	84158
or 4732.15 of the Revised Code, and in addition, meets either of	84159
the following criteria:	84160

(1) Meets the educational requirements set forth in division	84161
(B) of section 4732.10 of the Revised Code and has a minimum of	84162
two years' full-time professional experience, or the equivalent as	84163
determined by rule of the state board of psychology, at least one	84164
year of which shall be a predoctoral internship, in clinical	84165
psychological work in a public or private hospital or clinic or in	84166
private practice, diagnosing and treating problems of mental	84167
illness or mental retardation under the supervision of a	84168
psychologist who is licensed or who holds a diploma issued by the	84169
American board of professional psychology, or whose qualifications	84170
are substantially similar to those required for licensure by the	84171
state board of psychology when the supervision has occurred prior	84172
to enactment of laws governing the practice of psychology;	84173

(2) Meets the educational requirements set forth in division	84174
(B) of section 4732.15 of the Revised Code and has a minimum of	84175
four years' full-time professional experience, or the equivalent	84176
as determined by rule of the state board of psychology, in	84177
clinical psychological work in a public or private hospital or	84178
clinic or in private practice, diagnosing and treating problems of	84179
mental illness or mental retardation under supervision, as set	84180
forth in division (I)(1) of this section.	84181

(J) "Health officer" means any public health physician;	84182
public health nurse; or other person authorized by or designated	84183
by a city health district; a general health district; or a board	84184
of alcohol, drug addiction, and mental health services to perform	84185
the duties of a health officer under this chapter.	84186

(K) "Chief clinical officer" means the medical director of a	84187
hospital, or a community mental health ~~agency~~services provider,	84188
or a board of alcohol, drug addiction, and mental health services,	84189
or, if there is no medical director, the licensed physician	84190
responsible for the treatment a hospital or community mental	84191
health ~~agency~~services provider provides. The chief clinical	84192
officer may delegate to the attending physician responsible for a	84193
patient's care the duties imposed on the chief clinical officer by	84194
this chapter. Within a community mental health ~~agency~~services	84195
provider, the chief clinical officer shall be designated by the	84196
governing body of the ~~agency~~services provider and shall be a	84197
licensed physician or licensed clinical psychologist who	84198
supervises diagnostic and treatment services. A licensed physician	84199
or licensed clinical psychologist designated by the chief clinical	84200
officer may perform the duties and accept the responsibilities of	84201
the chief clinical officer in the chief clinical officer's	84202
absence.	84203

(L) "Working day" or "court day" means Monday, Tuesday,	84204
Wednesday, Thursday, and Friday, except when such day is a	84205
holiday.	84206

(M) "Indigent" means unable without deprivation of	84207
satisfaction of basic needs to provide for the payment of an	84208
attorney and other necessary expenses of legal representation,	84209
including expert testimony.	84210

(N) "Respondent" means the person whose detention,	84211
commitment, hospitalization, continued hospitalization or	84212
commitment, or discharge is being sought in any proceeding under	84213
this chapter.	84214

(O) "Ohio protection and advocacy system" has the same	84215
meaning as in section 5123.60 of the Revised Code.	84216

(P) "Independent expert evaluation" means an evaluation	84217
conducted by a licensed clinical psychologist, psychiatrist, or	84218
licensed physician who has been selected by the respondent or the	84219
respondent's counsel and who consents to conducting the	84220
evaluation.	84221

(Q) "Court" means the probate division of the court of common	84222
pleas.	84223

(R) "Expunge" means:

84224

(1) The removal and destruction of court files and records,	84225
originals and copies, and the deletion of all index references;	84226

(2) The reporting to the person of the nature and extent of	84227
any information about the person transmitted to any other person	84228
by the court;	84229

(3) Otherwise insuring that any examination of court files	84230
and records in question shall show no record whatever with respect	84231
to the person;	84232

(4) That all rights and privileges are restored, and that the	84233
person, the court, and any other person may properly reply that no	84234
such record exists, as to any matter expunged.	84235

(S) "Residence" means a person's physical presence in a	84236
county with intent to remain there, except that:	84237

(1) If a person is receiving a mental health service at a	84238
facility that includes nighttime sleeping accommodations,	84239
residence means that county in which the person maintained the	84240
person's primary place of residence at the time the person entered	84241
the facility;	84242

(2) If a person is committed pursuant to section 2945.38,	84243
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	84244
residence means the county where the criminal charges were filed.	84245

When the residence of a person is disputed, the matter of	84246
residence shall be referred to the department of ~~mental health~~	84247
mental health and addiction services for investigation and	84248
determination. Residence shall not be a basis for a board's	84249
denying services to any person present in the board's service	84250
district, and the board shall provide services for a person whose	84251
residence is in dispute while residence is being determined and	84252
for a person in an emergency situation.	84253

(T) "Admission" to a hospital or other place means that a	84254
patient is accepted for and stays at least one night at the	84255
hospital or other place.	84256

(U) "Prosecutor" means the prosecuting attorney, village	84257
solicitor, city director of law, or similar chief legal officer	84258
who prosecuted a criminal case in which a person was found not	84259
guilty by reason of insanity, who would have had the authority to	84260
prosecute a criminal case against a person if the person had not	84261
been found incompetent to stand trial, or who prosecuted a case in	84262
which a person was found guilty.	84263

(V) "Treatment plan" means a written statement of reasonable	84264
objectives and goals for an individual established by the	84265
treatment team, with specific criteria to evaluate progress	84266
towards achieving those objectives. The active participation of	84267
the patient in establishing the objectives and goals shall be	84268
documented. The treatment plan shall be based on patient needs and	84269
include services to be provided to the patient while the patient	84270
is hospitalized and after the patient is discharged. The treatment	84271
plan shall address services to be provided upon discharge,	84272
including but not limited to housing, financial, and vocational	84273
services.	84274

(W) "Community control sanction" has the same meaning as in	84275
section 2929.01 of the Revised Code.	84276

(X) "Post-release control sanction" has the same meaning as	84277
in section 2967.01 of the Revised Code.	84278

Sec. 5122.03. A patient admitted under section 5122.02 of	84279
the Revised Code who requests release in writing, or whose release	84280
is requested in writing by the patient's counsel, legal guardian,	84281
parent, spouse, or adult next of kin shall be released forthwith,	84282
except that when:	84283

(A) The patient was admitted on the patient's own application	84284
and the request for release is made by a person other than the	84285
patient, release may be conditional upon the agreement of the	84286
patient; or	84287

(B) The chief clinical officer of the hospital, within three	84288
court days from the receipt of the request for release, files or	84289
causes to be filed with the court of the county where the patient	84290
is hospitalized or of the county where the patient is a resident,	84291
an affidavit under section 5122.11 of the Revised Code. Release	84292
may be postponed until the hearing held under section 5122.141 of	84293
the Revised Code. A telephone communication within three court	84294
days from the receipt of the request for release from the chief	84295
clinical officer to the court, indicating that the required	84296
affidavit has been mailed, is sufficient compliance with the time	84297
limit for filing such affidavit.	84298

Unless the patient is released within three days from the	84299
receipt of the request by the chief clinical officer, the request	84300
shall serve as a request for an initial hearing under section	84301
5122.141 of the Revised Code. If the court finds that the patient	84302
is a mentally ill person subject to hospitalization by court	84303
order, all provisions of this chapter with respect to involuntary	84304
hospitalization apply to such person.	84305

Judicial proceedings for hospitalization shall not be	84306
commenced with respect to a voluntary patient except pursuant to	84307
this section.	84308

Sections 5121.30 to 5121.56 of the Revised Code apply to	84309
persons received in a hospital operated by the department of	84310
~~mental health~~mental health and addiction services on a voluntary	84311
application.	84312

The chief clinical officer of the hospital shall provide	84313
reasonable means and arrangements for informing patients of their	84314
rights to release as provided in this section and for assisting	84315
them in making and presenting requests for release or for a	84316
hearing under section 5122.141 of the Revised Code.	84317

Before a patient is released from a public hospital, the	84318
chief clinical officer shall, when possible, notify the board of	84319
the patient's county of residence of the patient's pending release	84320
after the chief clinical officer has informed the patient that the	84321
board will be so notified.	84322

Sec. 5122.10. Any psychiatrist, licensed clinical	84323
psychologist, licensed physician, health officer, parole officer,	84324
police officer, or sheriff may take a person into custody, or the	84325
chief of the adult parole authority or a parole or probation	84326
officer with the approval of the chief of the authority may take a	84327
parolee, an offender under a community control sanction or a	84328
post-release control sanction, or an offender under transitional	84329
control into custody and may immediately transport the parolee,	84330
offender on community control or post-release control, or offender	84331
under transitional control to a hospital or, notwithstanding	84332
section ~~5119.20~~5119.33 of the Revised Code, to a general hospital	84333
not licensed by the department of ~~mental health~~mental health and	84334
addiction services where the parolee, offender on community	84335
control or post-release control, or offender under transitional	84336
control may be held for the period prescribed in this section, if	84337
the psychiatrist, licensed clinical psychologist, licensed	84338
physician, health officer, parole officer, police officer, or	84339
sheriff has reason to believe that the person is a mentally ill	84340
person subject to hospitalization by court order under division	84341
(B) of section 5122.01 of the Revised Code, and represents a	84342
substantial risk of physical harm to self or others if allowed to	84343
remain at liberty pending examination.	84344

A written statement shall be given to such hospital by the	84345
transporting psychiatrist, licensed clinical psychologist,	84346
licensed physician, health officer, parole officer, police	84347
officer, chief of the adult parole authority, parole or probation	84348
officer, or sheriff stating the circumstances under which such	84349
person was taken into custody and the reasons for the	84350
psychiatrist's, licensed clinical psychologist's, licensed	84351
physician's, health officer's, parole officer's, police officer's,	84352
chief of the adult parole authority's, parole or probation	84353
officer's, or sheriff's belief. This statement shall be made	84354
available to the respondent or the respondent's attorney upon	84355
request of either.	84356

Every reasonable and appropriate effort shall be made to take	84357
persons into custody in the least conspicuous manner possible. A	84358
person taking the respondent into custody pursuant to this section	84359
shall explain to the respondent: the name,and professional	84360
designation, and ~~agency~~ affiliation of the person taking the	84361
respondent into custody; that the custody-taking is not a criminal	84362
arrest; and that the person is being taken for examination by	84363
mental health professionals at a specified mental health facility	84364
identified by name.	84365

If a person taken into custody under this section is	84366
transported to a general hospital, the general hospital may admit	84367
the person, or provide care and treatment for the person, or both,	84368
notwithstanding section ~~5119.20~~5119.33 of the Revised Code, but	84369
by the end of twenty-four hours after arrival at the general	84370
hospital, the person shall be transferred to a hospital as defined	84371
in section 5122.01 of the Revised Code.	84372

A person transported or transferred to a hospital or	84373
community mental health ~~agency~~services provider under this	84374
section shall be examined by the staff of the hospital or ~~agency~~	84375
services provider within twenty-four hours after arrival at the	84376
hospital or ~~agency~~services provider. If to conduct the	84377
examination requires that the person remain overnight, the	84378
hospital or ~~agency~~services provider shall admit the person in an	84379
unclassified status until making a disposition under this section.	84380
After the examination, if the chief clinical officer of the	84381
hospital or ~~agency~~services provider believes that the person is	84382
not a mentally ill person subject to hospitalization by court	84383
order, the chief clinical officer shall release or discharge the	84384
person immediately unless a court has issued a temporary order of	84385
detention applicable to the person under section 5122.11 of the	84386
Revised Code. After the examination, if the chief clinical officer	84387
believes that the person is a mentally ill person subject to	84388
hospitalization by court order, the chief clinical officer may	84389
detain the person for not more than three court days following the	84390
day of the examination and during such period admit the person as	84391
a voluntary patient under section 5122.02 of the Revised Code or	84392
file an affidavit under section 5122.11 of the Revised Code. If	84393
neither action is taken and a court has not otherwise issued a	84394
temporary order of detention applicable to the person under	84395
section 5122.11 of the Revised Code, the chief clinical officer	84396
shall discharge the person at the end of the three-day period	84397
unless the person has been sentenced to the department of	84398
rehabilitation and correction and has not been released from the	84399
person's sentence, in which case the person shall be returned to	84400
that department.	84401

Sec. 5122.11. Proceedings for the hospitalization of a	84402
person pursuant to sections 5122.11 to 5122.15 of the Revised Code	84403
shall be commenced by the filing of an affidavit in the manner and	84404
form prescribed by the department of ~~mental health~~mental health	84405
and addiction services, by any person or persons with the court,	84406
either on reliable information or actual knowledge, whichever is	84407
determined to be proper by the court. This section does not apply	84408
to the hospitalization of a person pursuant to section 2945.39,	84409
2945.40, 2945.401, or 2945.402 of the Revised Code.	84410

The affidavit shall contain an allegation setting forth the	84411
specific category or categories under division (B) of section	84412
5122.01 of the Revised Code upon which the jurisdiction of the	84413
court is based and a statement of alleged facts sufficient to	84414
indicate probable cause to believe that the person is a mentally	84415
ill person subject to hospitalization by court order. The	84416
affidavit may be accompanied, or the court may require that the	84417
affidavit be accompanied, by a certificate of a psychiatrist, or a	84418
certificate signed by a licensed clinical psychologist and a	84419
certificate signed by a licensed physician stating that the person	84420
who issued the certificate has examined the person and is of the	84421
opinion that the person is a mentally ill person subject to	84422
hospitalization by court order, or shall be accompanied by a	84423
written statement by the applicant, under oath, that the person	84424
has refused to submit to an examination by a psychiatrist, or by a	84425
licensed clinical psychologist and licensed physician.	84426

Upon receipt of the affidavit, if a judge of the court or a	84427
referee who is an attorney at law appointed by the court has	84428
probable cause to believe that the person named in the affidavit	84429
is a mentally ill person subject to hospitalization by court	84430
order, the judge or referee may issue a temporary order of	84431
detention ordering any health or police officer or sheriff to take	84432
into custody and transport the person to a hospital or other place	84433
designated in section 5122.17 of the Revised Code, or may set the	84434
matter for further hearing.	84435

The person may be observed and treated until the hearing	84436
provided for in section 5122.141 of the Revised Code. If no such	84437
hearing is held, the person may be observed and treated until the	84438
hearing provided for in section 5122.15 of the Revised Code.	84439

Sec. 5122.12. After receipt of the affidavit required by	84440
section 5122.11 of the Revised Code, the court shall cause written	84441
notice by mail or otherwise of any hearing as the court directs to	84442
be given to the following persons:	84443

(A) The respondent;

84444

(B) The respondent's legal guardian, if any, the respondent's	84445
spouse, if any, and the respondent's parents, if the respondent is	84446
a minor, if these persons' addresses are known to the court or can	84447
be obtained through exercise of reasonable diligence;	84448

84449

(D) Any one person designated by the respondent; but if the	84450
respondent does not make a selection, the notice shall be sent to	84451
the adult next of kin other than the person who filed the	84452
affidavit if that person's address is known to the court or can be	84453
obtained through exercise of reasonable diligence;	84454

(E) The respondent's counsel;

84455

(F) The director, chief clinical officer, or the respective	84456
designee of the hospital, board, ~~agency~~community mental health	84457
services provider, or facility to which the person has been	84458
committed;	84459

(G) The board of alcohol, drug addiction, and mental health	84460
services serving the respondent's county of residence or ~~an agency~~	84461
a services provider the board designates.	84462

Any person entitled to notice under this section, with the	84463
exception of the respondent, may waive the notice.	84464

A copy of the affidavit and temporary order of detention	84465
shall be served with the notice to the parties and to respondent's	84466
counsel, if counsel has been appointed or retained.	84467

Sec. 5122.13. Upon receipt of the affidavit required by	84468
section 5122.11 of the Revised Code, the court shall refer the	84469
affidavit to the board of alcohol, drug addiction, and mental	84470
health services or ~~an agency~~community mental health services	84471
provider the board designates to assist the court in determining	84472
whether the respondent is subject to hospitalization and whether	84473
alternative services are available, unless the ~~agency~~services	84474
provider or board has already performed such screening. The board	84475
or ~~agency~~services provider shall review the allegations of the	84476
affidavit and other information relating to whether or not the	84477
person named in the affidavit or statement is a mentally ill	84478
person subject to hospitalization by court order, and the	84479
availability of appropriate treatment alternatives.	84480

The person who conducts the investigation shall promptly make	84481
a report to the court, in writing, in open court or in chambers,	84482
as directed by the court and a full record of the report shall be	84483
made by the court. The report is not admissible as evidence for	84484
the purpose of establishing whether or not the respondent is a	84485
mentally ill person subject to hospitalization by court order, but	84486
shall be considered by the court in its determination of an	84487
appropriate placement for any person after that person is found to	84488
be a mentally ill person subject to hospitalization.	84489

The court, prior to the hearing under section 5122.141 of the	84490
Revised Code, shall release a copy of the investigative report to	84491
the respondent's counsel.	84492

Nothing in this section precludes a judge or referee from	84493
issuing a temporary order of detention pursuant to section 5122.11	84494
of the Revised Code.	84495

Sec. 5122.15. (A) Full hearings shall be conducted in a	84496
manner consistent with this chapter and with due process of law.	84497
The hearings shall be conducted by a judge of the probate court or	84498
a referee designated by a judge of the probate court and may be	84499
conducted in or out of the county in which the respondent is held.	84500
Any referee designated under this division shall be an attorney.	84501

(1) With the consent of the respondent, the following shall	84502
be made available to counsel for the respondent:	84503

(a) All relevant documents, information, and evidence in the	84504
custody or control of the state or prosecutor;	84505

(b) All relevant documents, information, and evidence in the	84506
custody or control of the hospital in which the respondent	84507
currently is held, or in which the respondent has been held	84508
pursuant to this chapter;	84509

(c) All relevant documents, information, and evidence in the	84510
custody or control of any hospital, facility, or person not	84511
included in division (A)(1)(a) or (b) of this section.	84512

(2) The respondent has the right to attend the hearing and to	84513
be represented by counsel of the respondent's choice. The right to	84514
attend the hearing may be waived only by the respondent or counsel	84515
for the respondent after consultation with the respondent.	84516

(3) If the respondent is not represented by counsel, is	84517
absent from the hearing, and has not validly waived the right to	84518
counsel, the court shall appoint counsel immediately to represent	84519
the respondent at the hearing, reserving the right to tax costs of	84520
appointed counsel to the respondent, unless it is shown that the	84521
respondent is indigent. If the court appoints counsel, or if the	84522
court determines that the evidence relevant to the respondent's	84523
absence does not justify the absence, the court shall continue the	84524
case.	84525

(4) The respondent shall be informed that the respondent may	84526
retain counsel and have independent expert evaluation. If the	84527
respondent is unable to obtain an attorney, the respondent shall	84528
be represented by court-appointed counsel. If the respondent is	84529
indigent, court-appointed counsel and independent expert	84530
evaluation shall be provided as an expense under section 5122.43	84531
of the Revised Code.	84532

(5) The hearing shall be closed to the public, unless counsel	84533
for the respondent, with the permission of the respondent,	84534
requests that the hearing be open to the public.	84535

(6) If the hearing is closed to the public, the court, for	84536
good cause shown, may admit persons who have a legitimate interest	84537
in the proceedings. If the respondent, the respondent's counsel,	84538
or the designee of the director or of the chief clinical officer	84539
objects to the admission of any person, the court shall hear the	84540
objection and any opposing argument and shall rule upon the	84541
admission of the person to the hearing.	84542

(7) The affiant under section 5122.11 of the Revised Code	84543
shall be subject to subpoena by either party.	84544

(8) The court shall examine the sufficiency of all documents	84545
filed and shall inform the respondent, if present, and the	84546
respondent's counsel of the nature and content of the documents	84547
and the reason for which the respondent is being detained, or for	84548
which the respondent's placement is being sought.	84549

(9) The court shall receive only reliable, competent, and	84550
material evidence.	84551

(10) Unless proceedings are initiated pursuant to section	84552
5120.17 or 5139.08 of the Revised Code ~~or proceedings are~~	84553
~~initiated regarding a resident of the service district of a board~~	84554
~~of alcohol, drug addiction, and mental health services that elects~~	84555
~~under division (C)(2) of section 5119.62 of the Revised Code not~~	84556
~~to accept the amount allocated to it under that section~~, an	84557
attorney that the board designates shall present the case	84558
demonstrating that the respondent is a mentally ill person subject	84559
to hospitalization by court order. The attorney shall offer	84560
evidence of the diagnosis, prognosis, record of treatment, if any,	84561
and less restrictive treatment plans, if any. In proceedings	84562
pursuant to section 5120.17 or 5139.08 of the Revised Code ~~and in~~	84563
~~proceedings in which the respondent is a resident of a service~~	84564
~~district of a board that elects under division (C)(2) of section~~	84565
~~5119.62 of the Revised Code not to accept the amount allocated to~~	84566
~~it under that section~~, the attorney general shall designate an	84567
attorney who shall present the case demonstrating that the	84568
respondent is a mentally ill person subject to hospitalization by	84569
court order. The attorney shall offer evidence of the diagnosis,	84570
prognosis, record of treatment, if any, and less restrictive	84571
treatment plans, if any.	84572

(11) The respondent or the respondent's counsel has the right	84573
to subpoena witnesses and documents and to examine and	84574
cross-examine witnesses.	84575

(12) The respondent has the right, but shall not be	84576
compelled, to testify, and shall be so advised by the court.	84577

(13) On motion of the respondent or the respondent's counsel	84578
for good cause shown, or on the court's own motion, the court may	84579
order a continuance of the hearing.	84580

(14) If the respondent is represented by counsel and the	84581
respondent's counsel requests a transcript and record, or if the	84582
respondent is not represented by counsel, the court shall make and	84583
maintain a full transcript and record of the proceeding. If the	84584
respondent is indigent and the transcript and record is made, a	84585
copy shall be provided to the respondent upon request and be	84586
treated as an expense under section 5122.43 of the Revised Code.	84587

(15) To the extent not inconsistent with this chapter, the	84588
Rules of Civil Procedure are applicable.	84589

(B) Unless, upon completion of the hearing the court finds by	84590
clear and convincing evidence that the respondent is a mentally	84591
ill person subject to hospitalization by court order, it shall	84592
order the respondent's discharge immediately.	84593

(C) If, upon completion of the hearing, the court finds by	84594
clear and convincing evidence that the respondent is a mentally	84595
ill person subject to hospitalization by court order, the court	84596
shall order the respondent for a period not to exceed ninety days	84597
to any of the following:	84598

(1) A hospital operated by the department of ~~mental health~~	84599
mental health and addiction services if the respondent is	84600
committed pursuant to section 5139.08 of the Revised Code;	84601

(2) A nonpublic hospital;

84602

(3) The veterans' administration or other agency of the	84603
United States government;	84604

(4) A board of alcohol, drug addiction, and mental health	84605
services or ~~agency~~services provider the board designates;	84606

(5) Receive private psychiatric or psychological care and	84607
treatment;	84608

(6) Any other suitable facility or person consistent with the	84609
diagnosis, prognosis, and treatment needs of the respondent.	84610

(D) Any order made pursuant to division (C)(2), (3), (5), or	84611
(6) of this section shall be conditioned upon the receipt by the	84612
court of consent by the hospital, facility, agency, or person to	84613
accept the respondent.	84614

(E) In determining the place to which, or the person with	84615
whom, the respondent is to be committed, the court shall consider	84616
the diagnosis, prognosis, preferences of the respondent and the	84617
projected treatment plan for the respondent and shall order the	84618
implementation of the least restrictive alternative available and	84619
consistent with treatment goals. If the court determines that the	84620
least restrictive alternative available that is consistent with	84621
treatment goals is inpatient hospitalization, the court's order	84622
shall so state.	84623

(F) During such ninety-day period the hospital; facility;	84624
board of alcohol, drug addiction, and mental health services;	84625
~~agency~~services provider the board designates; or person shall	84626
examine and treat the individual. If, at any time prior to the	84627
expiration of the ninety-day period, it is determined by the	84628
hospital, facility, board, ~~agency~~services provider, or person	84629
that the respondent's treatment needs could be equally well met in	84630
an available and appropriate less restrictive environment, both of	84631
the following apply:	84632

(1) The respondent shall be released from the care of the	84633
hospital, ~~agency~~services provider, facility, or person	84634
immediately and shall be referred to the court together with a	84635
report of the findings and recommendations of the hospital, ~~agency~~	84636
services provider, facility, or person; and	84637

(2) The hospital, ~~agency~~services provider, facility, or	84638
person shall notify the respondent's counsel or the attorney	84639
designated by a board of alcohol, drug addiction, and mental	84640
health services or, if the respondent was committed to a board or	84641
~~an agency~~a services provider designated by the board, it shall	84642
place the respondent in the least restrictive environment	84643
available consistent with treatment goals and notify the court and	84644
the respondent's counsel of the placement.	84645

The court shall dismiss the case or order placement in the	84646
least restrictive environment.	84647

(G)(1) Except as provided in divisions (G)(2) and (3) of this	84648
section, any person who has been committed under this section, or	84649
for whom proceedings for hospitalization have been commenced	84650
pursuant to section 5122.11 of the Revised Code, may apply at any	84651
time for voluntary admission to the hospital, facility, ~~agency~~or	84652
services provider that the board designates, or person to which	84653
the person was committed. Upon admission as a voluntary patient	84654
the chief clinical officer of the hospital, ~~agency~~services	84655
provider, or other facility, or the person immediately shall	84656
notify the court, the patient's counsel, and the attorney	84657
designated by the board, if the attorney has entered the	84658
proceedings, in writing of that fact, and, upon receipt of the	84659
notice, the court shall dismiss the case.	84660

(2) A person who is found incompetent to stand trial or not	84661
guilty by reason of insanity and who is committed pursuant to	84662
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	84663
Code shall not voluntarily commit the person pursuant to this	84664
section until after the final termination of the commitment, as	84665
described in division (J) of section 2945.401 of the Revised Code.	84666

(H) If, at the end of the first ninety-day period or any	84667
subsequent period of continued commitment, there has been no	84668
disposition of the case, either by discharge or voluntary	84669
admission, the hospital, facility, board, ~~agency~~services	84670
provider, or person shall discharge the patient immediately,	84671
unless at least ten days before the expiration of the period the	84672
attorney the board designates or the prosecutor files with the	84673
court an application for continued commitment. The application of	84674
the attorney or the prosecutor shall include a written report	84675
containing the diagnosis, prognosis, past treatment, a list of	84676
alternative treatment settings and plans, and identification of	84677
the treatment setting that is the least restrictive consistent	84678
with treatment needs. The attorney the board designates or the	84679
prosecutor shall file the written report at least three days prior	84680
to the full hearing. A copy of the application and written report	84681
shall be provided to the respondent's counsel immediately.	84682

The court shall hold a full hearing on applications for	84683
continued commitment at the expiration of the first ninety-day	84684
period and at least every two years after the expiration of the	84685
first ninety-day period.	84686

Hearings following any application for continued commitment	84687
are mandatory and may not be waived.	84688

Upon request of a person who is involuntarily committed under	84689
this section, or the person's counsel, that is made more than one	84690
hundred eighty days after the person's last full hearing,	84691
mandatory or requested, the court shall hold a full hearing on the	84692
person's continued commitment. Upon the application of a person	84693
involuntarily committed under this section, supported by an	84694
affidavit of a psychiatrist or licensed clinical psychologist,	84695
alleging that the person no longer is a mentally ill person	84696
subject to hospitalization by court order, the court for good	84697
cause shown may hold a full hearing on the person's continued	84698
commitment prior to the expiration of one hundred eighty days	84699
after the person's last full hearing. Section 5122.12 of the	84700
Revised Code applies to all hearings on continued commitment.	84701

If the court, after a hearing for continued commitment finds	84702
by clear and convincing evidence that the respondent is a mentally	84703
ill person subject to hospitalization by court order, the court	84704
may order continued commitment at places specified in division (C)	84705
of this section.	84706

(I) Unless the admission is pursuant to section 5120.17 or	84707
5139.08 of the Revised Code, the chief clinical officer of the	84708
hospital or ~~agency~~services provider admitting a respondent	84709
pursuant to a judicial proceeding, within ten working days of the	84710
admission, shall make a report of the admission to the board of	84711
alcohol, drug addiction, and mental health services serving the	84712
respondent's county of residence.	84713

(J) A referee appointed by the court may make all orders that	84714
a judge may make under this section and sections 5122.11 and	84715
5122.141 of the Revised Code, except an order of contempt of	84716
court. The orders of a referee take effect immediately. Within	84717
fourteen days of the making of an order by a referee, a party may	84718
file written objections to the order with the court. The filed	84719
objections shall be considered a motion, shall be specific, and	84720
shall state their grounds with particularity. Within ten days of	84721
the filing of the objections, a judge of the court shall hold a	84722
hearing on the objections and may hear and consider any testimony	84723
or other evidence relating to the respondent's mental condition.	84724
At the conclusion of the hearing, the judge may ratify, rescind,	84725
or modify the referee's order.	84726

(K) An order of the court under division (C), (H), or (J) of	84727
this section is a final order.	84728

(L) Before a board, or ~~an agency~~a services provider the	84729
board designates, may place an unconsenting respondent in an	84730
inpatient setting from a less restrictive placement, the board or	84731
~~agency~~services provider shall do all of the following:	84732

(1) Determine that the respondent is in immediate need of	84733
treatment in an inpatient setting because the respondent	84734
represents a substantial risk of physical harm to the respondent	84735
or others if allowed to remain in a less restrictive setting;	84736

(2) On the day of placement in the inpatient setting or on	84737
the next court day, file with the court a motion for transfer to	84738
an inpatient setting or communicate to the court by telephone that	84739
the required motion has been mailed;	84740

(3) Ensure that every reasonable and appropriate effort is	84741
made to take the respondent to the inpatient setting in the least	84742
conspicuous manner possible;	84743

(4) Immediately notify the board's designated attorney and	84744
the respondent's attorney.	84745

At the respondent's request, the court shall hold a hearing	84746
on the motion and make a determination pursuant to division (E) of	84747
this section within five days of the placement.	84748

(M) Before a board, or ~~an agency~~a services provider the	84749
board designates, may move a respondent from one residential	84750
placement to another, the board or ~~agency~~services provider shall	84751
consult with the respondent about the placement. If the respondent	84752
objects to the placement, the proposed placement and the need for	84753
it shall be reviewed by a qualified mental health professional who	84754
otherwise is not involved in the treatment of the respondent.	84755

Sec. 5122.17. Pending ~~his~~ removal to a hospital, a person	84756
taken into custody or ordered to be hospitalized pursuant to this	84757
chapter may be detained for not more than forty-eight hours in a	84758
licensed rest or nursing home, a licensed or unlicensed hospital,	84759
a community mental health ~~agency~~services provider, or a county	84760
home, but hethe person shall not be detained in a nonmedical	84761
facility used for detention of persons charged with or convicted	84762
of penal offenses unless the court finds that a less restrictive	84763
alternative cannot be made available.	84764

Sec. 5122.18. Whenever a person has been involuntarily	84765
detained at or admitted to a hospital, community mental health	84766
~~agency~~services provider, or other facility at the request of	84767
anyone other than the person's legal guardian, spouse, or next of	84768
kin under this chapter, the chief clinical officer of the	84769
hospital, ~~agency~~services provider, or other facility in which the	84770
person is temporarily detained under section 5122.17 of the	84771
Revised Code shall immediately notify the person's legal guardian,	84772
spouse or next of kin, and counsel, if these persons can be	84773
ascertained through exercise of reasonable diligence. If a person	84774
voluntarily remains at or is admitted to a hospital, ~~agency~~	84775
services provider, or other facility, such notification shall not	84776
be given without ~~his~~the person's consent. The chief clinical	84777
officer of the hospital, ~~agency~~services provider, or other	84778
facility shall inform a person voluntarily remaining at or	84779
admitted to a hospital, ~~agency~~services provider, or other	84780
facility that hethe person may authorize such notification.	84781

Sec. 5122.19. Every person transported to a hospital or	84782
community mental health ~~agency~~services provider pursuant to	84783
sections 5122.11 to 5122.16 of the Revised Code, shall be examined	84784
by the staff of the hospital or ~~agency~~services provider as soon	84785
as practicable after ~~his~~ arrival at the hospital or ~~agency~~	84786
services provider. Such an examination shall be held within	84787
twenty-four hours after the time of arrival, and if the chief	84788
clinical officer fails after such an examination to certify that	84789
in ~~his~~the chief clinical officer's opinion the person is a	84790
mentally ill person subject to hospitalization by court order, the	84791
person shall be immediately released.	84792

Sec. 5122.20. The director of ~~mental health~~mental health	84793
and addiction services or the director's designee may transfer, or	84794
authorize the transfer of, an involuntary patient, or a consenting	84795
voluntary patient hospitalized pursuant to section 5122.02 or	84796
sections 5122.11 to 5122.15 of the Revised Code, from one public	84797
hospital to another, or to a hospital, community mental health	84798
~~agency~~services provider, or other facility offering treatment or	84799
other services for mental illness, if the medical director of the	84800
department of ~~mental health~~mental health and addiction services	84801
determines that it would be consistent with the medical needs of	84802
the patient to do so. If such a transfer is made to a private	84803
facility, the transfer shall be conditioned upon the consent of	84804
the facility.	84805

Before an involuntary patient may be transferred to a more	84806
restrictive setting, the chief clinical officer shall file a	84807
motion with the court requesting the court to amend its order of	84808
placement issued under section 5122.15 of the Revised Code. At the	84809
patient's request, the court shall hold a hearing on the motion at	84810
which the patient has the same rights as at a full hearing under	84811
section 5122.15 of the Revised Code. The hearing shall be held	84812
within ten days after the date on which the respondent was	84813
transferred to the more restrictive setting or on which the motion	84814
was filed, whichever is earlier. On the motion of the respondent,	84815
the respondent's counsel, or the chief clinical officer, or on its	84816
own motion, and for good cause shown, the court may order a	84817
continuance of the hearing for up to ten days.	84818

Whenever an involuntary patient is transferred, written	84819
notice of the transfer shall be given to the patient's legal	84820
guardian, parents, spouse, and counsel, or, if none is known, to	84821
the patient's nearest known relative or friend. If the patient is	84822
a minor, the department, before making such a transfer, shall make	84823
a minute of the order for the transfer and the reason for it upon	84824
its record and shall send a certified copy at least seven days	84825
prior to the transfer to the person shown by its record to have	84826
had the care or custody of the minor immediately prior to the	84827
minor's commitment. Whenever a consenting voluntary patient is	84828
transferred, the notification shall be given only at the patient's	84829
request. The chief clinical officer shall advise a voluntary	84830
patient who is being transferred that the patient may decide if	84831
the notification shall be given. In all such transfers, due	84832
consideration shall be given to the wishes of the patient, and the	84833
relationship of the patient to the patient's family, legal	84834
guardian, or friends, so as to maintain the relationship and	84835
encourage visits beneficial to the patient.	84836

When a voluntary patient whose medical or psychological needs	84837
are found by the chief clinical officer to warrant a transfer	84838
refuses to be transferred to an alternate facility, the chief	84839
clinical officer may file an affidavit for a hearing under section	84840
5122.11 of the Revised Code.	84841

Sec. 5122.21. (A) The chief clinical officer shall as	84842
frequently as practicable, and at least once every thirty days,	84843
examine or cause to be examined every patient, and, whenever the	84844
chief clinical officer determines that the conditions justifying	84845
involuntary hospitalization or commitment no longer obtain, shall	84846
discharge the patient not under indictment or conviction for crime	84847
and immediately make a report of the discharge to the department	84848
of ~~mental health~~mental health and addiction services. The chief	84849
clinical officer may discharge a patient who is under an	84850
indictment, a sentence of imprisonment, a community control	84851
sanction, or a post-release control sanction or on parole ten days	84852
after written notice of intent to discharge the patient has been	84853
given by personal service or certified mail, return receipt	84854
requested, to the court having criminal jurisdiction over the	84855
patient. Except when the patient was found not guilty by reason of	84856
insanity and the defendant's commitment is pursuant to section	84857
2945.40 of the Revised Code, the chief clinical officer has final	84858
authority to discharge a patient who is under an indictment, a	84859
sentence of imprisonment, a community control sanction, or a	84860
post-release control sanction or on parole.	84861

(B) After a finding pursuant to section 5122.15 of the	84862
Revised Code that a person is a mentally ill person subject to	84863
hospitalization by court order, the chief clinical officer of the	84864
hospital or ~~agency~~community mental health services provider to	84865
which the person is ordered or to which the person is transferred	84866
under section 5122.20 of the Revised Code, may grant a discharge	84867
without the consent or authorization of any court.	84868

Upon discharge, the chief clinical officer shall notify the	84869
court that caused the judicial hospitalization of the discharge	84870
from the hospital.	84871

Sec. 5122.23. The chief clinical officer of a public	84872
hospital shall immediately report to the department of ~~mental~~	84873
~~health~~mental health and addiction services and the board of	84874
alcohol, drug addiction, and mental health services serving the	84875
patient's county of residence the removal, death, escape,	84876
discharge, or trial visit of any patient hospitalized under	84877
section 5122.15 of the Revised Code, or the return of such an	84878
escaped or visiting patient to the department, the probate judge	84879
of the county from which such patient was hospitalized, and the	84880
probate judge of the county of residence of such patient. In case	84881
of death, the chief clinical officer also shall notify one or more	84882
of the nearest relatives of the deceased patient, if known to ~~him~~	84883
the chief clinical officer, by letter, telegram, or telephone. If	84884
the place of residence of such relative is unknown to the chief	84885
clinical officer, immediately upon receiving notification the	84886
probate judge shall in the speediest manner possible notify such	84887
relatives, if known to ~~him~~the probate judge.	84888

The chief clinical officer of a public hospital, upon the	84889
request of the probate judge of the county from which a patient	84890
was hospitalized or the probate judge of the county of residence	84891
of such a patient, shall make a report to the judge of the	84892
condition of any patient under the care, treatment, custody, or	84893
control of the chief clinical officer.	84894

Sec. 5122.25. Upon the request of a hospital, person, board,	84895
~~agency~~community mental health services provider, or facility who	84896
has custody of a patient hospitalized pursuant to section 5122.15	84897
of the Revised Code, or on the order of the court, such patient	84898
may be called for a rehearing at such place within the county of	84899
~~his~~the patient's residence or the county where such patient is	84900
hospitalized as the court designates. The hearing shall be	84901
conducted pursuant to section 5122.15 of the Revised Code.	84902

Sec. 5122.26. (A) If a patient is absent without leave, on a	84903
verbal or written order issued within five days of the time of the	84904
unauthorized absence by the department of ~~mental health~~mental	84905
health and addiction services, the chief clinical officer of the	84906
hospital from which the patient is absent without leave, or the	84907
court of either the county from which the patient was committed or	84908
in which the patient is found, any health or police officer or	84909
sheriff may take the patient into custody and transport the	84910
patient to the hospital in which the patient was hospitalized or	84911
to a place that is designated in the order. The officer	84912
immediately shall report such fact to the ~~agency~~entity that	84913
issued the order.	84914

The chief clinical officer of a hospital may discharge a	84915
patient who is under an indictment, a sentence of imprisonment, a	84916
community control sanction, or a post-release control sanction or	84917
on parole and who has been absent without leave for more than	84918
thirty days but shall give written notice of the discharge to the	84919
court with criminal jurisdiction over the patient. The chief	84920
clinical officer of a hospital may discharge any other patient who	84921
has been absent without leave for more than fourteen days.	84922

The chief clinical officer shall take all proper measures for	84923
the apprehension of an escaped patient. The expense of the return	84924
of an escaped patient shall be borne by the hospital where the	84925
patient is hospitalized.	84926

(B)(1) Subject to division (B)(2) of this section, no patient	84927
hospitalized under Chapter 5122. of the Revised Code whose absence	84928
without leave was caused or contributed to by the patient's mental	84929
illness shall be subject to a charge of escape.	84930

(2) Division (B)(1) of this section does not apply to any	84931
person who was hospitalized, institutionalized, or confined in a	84932
facility under an order made pursuant to or under authority of	84933
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	84934
2945.402 of the Revised Code and who escapes from the facility,	84935
from confinement in a vehicle for transportation to or from the	84936
facility, or from supervision by an employee of the facility that	84937
is incidental to hospitalization, institutionalization, or	84938
confinement in the facility and that occurs outside the facility,	84939
in violation of section 2921.34 of the Revised Code.	84940

Sec. 5122.27. The chief clinical officer of the hospital or	84941
the chief clinical officer's designee shall assure that all	84942
patients hospitalized or committed pursuant to this chapter shall:	84943

(A) Receive, within twenty days of their admission sufficient	84944
professional care to assure that an evaluation of current status,	84945
differential diagnosis, probable prognosis, and description of the	84946
current treatment plan is stated on the official chart;	84947

(B) Have a written treatment plan consistent with the	84948
evaluation, diagnosis, prognosis, and goals which shall be	84949
provided, upon request of the patient or patient's counsel, to the	84950
patient's counsel and to any private physician or licensed	84951
clinical psychologist designated by the patient or the patient's	84952
counsel or to the Ohio protection and advocacy system;	84953

(C) Receive treatment consistent with the treatment plan. The	84954
department of ~~mental health~~mental health and addiction services	84955
shall set standards for treatment provided to such patients,	84956
consistent wherever possible with standards set by the joint	84957
commission ~~on accreditation of healthcare organizations~~.	84958

(D) Receive periodic reevaluations of the treatment plan by	84959
the professional staff at intervals not to exceed ninety days;	84960

(E) Be provided with adequate medical treatment for physical	84961
disease or injury;	84962

(F) Receive humane care and treatment, including without	84963
limitation, the following:	84964

(1) The least restrictive environment consistent with the	84965
treatment plan;	84966

(2) The necessary facilities and personnel required by the	84967
treatment plan;	84968

(3) A humane psychological and physical environment;

84969

(4) The right to obtain current information concerning the	84970
patient's treatment program and expectations in terms that the	84971
patient can reasonably understand;	84972

(5) Participation in programs designed to afford the patient	84973
substantial opportunity to acquire skills to facilitate return to	84974
the community or to terminate an involuntary commitment;	84975

(6) The right to be free from unnecessary or excessive	84976
medication;	84977

(7) Freedom from restraints or isolation unless it is stated	84978
in a written order by the chief clinical officer or the chief	84979
clinical officer's designee, or the patient's individual physician	84980
or psychologist in a private or general hospital.	84981

If the chief clinical officer of the hospital is unable to	84982
provide the treatment required by divisions (C), (E), and (F) of	84983
this section for any patient hospitalized pursuant to Chapter	84984
5122. of the Revised Code, the chief clinical officer shall	84985
immediately notify the patient, the court, the Ohio protection and	84986
advocacy system, the director of ~~mental health~~mental health and	84987
addiction services, and the patient's counsel and legal guardian,	84988
if known. If within ten days after receipt of such notification by	84989
the director, the director is unable to effect a transfer of the	84990
patient, pursuant to section 5122.20 of the Revised Code, to a	84991
hospital, community mental health ~~agency~~services provider, or	84992
other medical facility where treatment is available, or has not	84993
received an order of the court to the contrary, the involuntary	84994
commitment of any patient hospitalized pursuant to Chapter 5122.	84995
of the Revised Code and defined as a mentally ill person subject	84996
to hospitalization by court order under division (B)(4) of section	84997
5122.01 of the Revised Code shall automatically be terminated.	84998

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	84999
and (E) of this section, the chief clinical officer or, in a	85000
nonpublic hospital, the attending physician responsible for a	85001
patient's care shall provide all information, including expected	85002
physical and medical consequences, necessary to enable any patient	85003
of a hospital for the mentally ill to give a fully informed,	85004
intelligent, and knowing consent, the opportunity to consult with	85005
independent specialists and counsel, and the right to refuse	85006
consent for any of the following:	85007

(1) Surgery;

85008

(2) Convulsive therapy;

85009

(3) Major aversive interventions;

85010

(4) Sterilizations;

85011

(5) Any unusually hazardous treatment procedures;

85012

(6) Psycho-surgery.

85013

(B) No patient shall be subjected to any of the procedures	85014
listed in divisions (A)(4) to (6) of this section until both the	85015
patient's informed, intelligent, and knowing consent and the	85016
approval of the court have been obtained, except that court	85017
approval is not required for a legally competent and voluntary	85018
patient in a nonpublic hospital.	85019

(C) If, after providing the information required under	85020
division (A) of this section to the patient, the chief clinical	85021
officer or attending physician concludes that a patient is	85022
physically or mentally unable to receive the information required	85023
for surgery under division (A)(1) of this section, or has been	85024
adjudicated incompetent, the information may be provided to the	85025
patient's natural or court-appointed guardian, who may give an	85026
informed, intelligent, and knowing written consent.	85027

If a patient is physically or mentally unable to receive the	85028
information required for surgery under division (A)(1) of this	85029
section and has no guardian, the information, the recommendation	85030
of the chief clinical officer, and the concurring judgment of a	85031
licensed physician who is not a full-time employee of the state	85032
may be provided to the court in the county in which the hospital	85033
is located, which may approve the surgery. Before approving the	85034
surgery, the court shall notify the Ohio protection and advocacy	85035
system created by section 5123.60 of the Revised Code, and shall	85036
notify the patient of the rights to consult with counsel, to have	85037
counsel appointed by the court if the patient is indigent, and to	85038
contest the recommendation of the chief clinical officer.	85039

(D) If, in a medical emergency, and after providing the	85040
information required under division (A) of this section to the	85041
patient, it is the judgment of one licensed physician that delay	85042
in obtaining surgery would create a grave danger to the health of	85043
the patient, it may be administered without the consent of the	85044
patient or the patient's guardian if the necessary information is	85045
provided to the patient's spouse or next of kin to enable that	85046
person to give informed, intelligent, and knowing written consent.	85047
If no spouse or next of kin can reasonably be contacted, or if the	85048
spouse or next of kin is contacted, but refuses to consent, the	85049
surgery may be performed upon the written authorization of the	85050
chief clinical officer or, in a nonpublic hospital, upon the	85051
written authorization of the attending physician responsible for	85052
the patient's care, and after the approval of the court has been	85053
obtained. However, if delay in obtaining court approval would	85054
create a grave danger to the life of the patient, the chief	85055
clinical officer or, in a nonpublic hospital, the attending	85056
physician responsible for the patient's care may authorize	85057
surgery, in writing, without court approval. If the surgery is	85058
authorized without court approval, the chief clinical officer or	85059
the attending physician who made the authorization and the	85060
physician who performed the surgery shall each execute an	85061
affidavit describing the circumstances constituting the emergency	85062
and warranting the surgery and the circumstances warranting their	85063
not obtaining prior court approval. The affidavit shall be filed	85064
with the court with which the request for prior approval would	85065
have been filed within five court days after the surgery, and a	85066
copy of the affidavit shall be placed in the patient's file and be	85067
given to the guardian, spouse, or next of kin of the patient, to	85068
the hospital at which the surgery was performed, and to the Ohio	85069
protection and advocacy system as defined in section 5123.60 of	85070
the Revised Code.	85071

(E) Major aversive interventions shall not be used unless a	85072
patient continues to engage in behavior destructive to self or	85073
others after other forms of therapy have been attempted. Major	85074
aversive interventions may be applied if approved by the director	85075
of ~~mental health~~mental health and addiction services. Major	85076
aversive interventions shall not be applied to a voluntary patient	85077
without the informed, intelligent, and knowing written consent of	85078
the patient or the patient's guardian.	85079

(F) Unless there is substantial risk of physical harm to self	85080
or others, or other than under division (D) of this section, this	85081
chapter does not authorize any form of compulsory medical,	85082
psychological, or psychiatric treatment of any patient who is	85083
being treated by spiritual means through prayer alone in	85084
accordance with a recognized religious method of healing without	85085
specific court authorization.	85086

(G) For purposes of this section, "convulsive therapy" does	85087
not include defibrillation.	85088

Sec. 5122.31. (A) All certificates, applications, records,	85089
and reports made for the purpose of this chapter and sections	85090
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	85091
Code, other than court journal entries or court docket entries,	85092
and directly or indirectly identifying a patient or former patient	85093
or person whose hospitalization has been sought under this	85094
chapter, shall be kept confidential and shall not be disclosed by	85095
any person except:	85096

(1) If the person identified, or the person's legal guardian,	85097
if any, or if the person is a minor, the person's parent or legal	85098
guardian, consents, and if the disclosure is in the best interests	85099
of the person, as may be determined by the court for judicial	85100
records and by the chief clinical officer for medical records;	85101

(2) When disclosure is provided for in this chapter, Chapters	85102
340. or 5119., Title XLVII, or section 5123.601 of the Revised	85103
Code;	85104

(3) That hospitals, boards of alcohol, drug addiction, and	85105
mental health services, and community mental health ~~agencies~~	85106
services providers may release necessary medical information to	85107
insurers and other third-party payers, including government	85108
entities responsible for processing and authorizing payment, to	85109
obtain payment for goods and services furnished to the patient;	85110

(4) Pursuant to a court order signed by a judge;

85111

(5) That a patient shall be granted access to the patient's	85112
own psychiatric and medical records, unless access specifically is	85113
restricted in a patient's treatment plan for clear treatment	85114
reasons;	85115

(6) That hospitals and other institutions and facilities	85116
within the department of ~~mental health~~mental health and addiction	85117
services may exchange psychiatric records and other pertinent	85118
information with other hospitals, institutions, and facilities of	85119
the department, and with community mental health ~~agencies~~services	85120
providers and boards of alcohol, drug addiction, and mental health	85121
services with which the department has a current agreement for	85122
patient care or services. Records and information that may be	85123
released pursuant to this division shall be limited to medication	85124
history, physical health status and history, financial status,	85125
summary of course of treatment in the hospital, summary of	85126
treatment needs, and a discharge summary, if any.	85127

(7) That hospitals within the department,and other	85128
institutions and facilities within the department~~, hospitals~~	85129
~~licensed by the department under section 5119.20 of the Revised~~	85130
~~Code, and community mental health agencies~~ may exchange	85131
psychiatric records and other pertinent information with payers	85132
and other providers of treatment and health services if the	85133
purpose of the exchange is to facilitate continuity of care for a	85134
patient or for the emergency treatment of an individual;	85135

(8) That a patient's family member who is involved in the	85136
provision, planning, and monitoring of services to the patient may	85137
receive medication information, a summary of the patient's	85138
diagnosis and prognosis, and a list of the services and personnel	85139
available to assist the patient and the patient's family, if the	85140
patient's treating physician determines that the disclosure would	85141
be in the best interests of the patient. No such disclosure shall	85142
be made unless the patient is notified first and receives the	85143
information and does not object to the disclosure.	85144

(9) That community mental health ~~agencies~~services providers	85145
may exchange psychiatric records and certain other information	85146
with the board of alcohol, drug addiction, and mental health	85147
services and other ~~agencies~~services providers in order to	85148
provide services to a person involuntarily committed to a board.	85149
Release of records under this division shall be limited to	85150
medication history, physical health status and history, financial	85151
status, summary of course of treatment, summary of treatment	85152
needs, and discharge summary, if any.	85153

(10) That information may be disclosed to the executor or the	85154
administrator of an estate of a deceased patient when the	85155
information is necessary to administer the estate;	85156

(11) That records in the possession of the Ohio historical	85157
society may be released to the closest living relative of a	85158
deceased patient upon request of that relative;	85159

(12) ~~That information may be disclosed to staff members of~~	85160
~~the appropriate board or to staff members designated by the~~	85161
~~director of mental health for the purpose of evaluating the~~	85162
~~quality, effectiveness, and efficiency of services and determining~~	85163
~~if the services meet minimum standards. Information obtained~~	85164
~~during such evaluations shall not be retained with the name of any~~	85165
~~patient.~~	85166

~~(13)~~ That records pertaining to the patient's diagnosis,	85167
course of treatment, treatment needs, and prognosis shall be	85168
disclosed and released to the appropriate prosecuting attorney if	85169
the patient was committed pursuant to section 2945.38, 2945.39,	85170
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	85171
attorney designated by the board for proceedings pursuant to	85172
involuntary commitment under this chapter.	85173

~~(14)~~(13) That the department of ~~mental health~~mental health	85174
and addiction services may exchange psychiatric hospitalization	85175
records, other mental health treatment records, and other	85176
pertinent information with the department of rehabilitation and	85177
correction and with the department of youth services to ensure	85178
continuity of care for inmates or offenders who are receiving	85179
mental health services in an institution of the department of	85180
rehabilitation and correction or the department of youth services	85181
and may exchange psychiatric hospitalization records, other mental	85182
health treatment records, and other pertinent information with	85183
boards of alcohol, drug addiction, and mental health services and	85184
community mental health services providers to ensure continuity of	85185
care for inmates or offenders who are receiving mental health	85186
services in an institution and are scheduled for release within	85187
six months. The department shall not disclose those records unless	85188
the inmate or offender is notified, receives the information, and	85189
does not object to the disclosure. The release of records under	85190
this division is limited to records regarding an inmate's or	85191
offender's medication history, physical health status and history,	85192
summary of course of treatment, summary of treatment needs, and a	85193
discharge summary, if any.	85194

~~(15) That a community mental health agency that ceases to~~	85195
~~operate may transfer to either a community mental health agency~~	85196
~~that assumes its caseload or to the board of alcohol, drug~~	85197
~~addiction, and mental health services of the service district in~~	85198
~~which the patient resided at the time services were most recently~~	85199
~~provided any treatment records that have not been transferred~~	85200
~~elsewhere at the patient's request.~~	85201

(B) Before records are disclosed pursuant to divisions	85202
(A)(3), (6), and (9) of this section, the custodian of the records	85203
shall attempt to obtain the patient's consent for the disclosure.	85204
No person shall reveal the contents of a medical record of a	85205
patient except as authorized by law.	85206

(C) The managing officer of a hospital who releases necessary	85207
medical information under division (A)(3) of this section to allow	85208
an insurance carrier or other third party payor to comply with	85209
section 5121.43 of the Revised Code shall neither be subject to	85210
criminal nor civil liability.	85211

Sec. 5122.311. (A) Notwithstanding any provision of the	85212
Revised Code to the contrary, if, on or after ~~the effective date~~	85213
~~of this section~~April 8, 2004, an individual is found by a court	85214
to be a mentally ill person subject to hospitalization by court	85215
order or becomes an involuntary patient other than one who is a	85216
patient only for purposes of observation, the probate judge who	85217
made the adjudication or the chief clinical officer of the	85218
hospital, ~~agency~~community mental health services provider, or	85219
facility in which the person is an involuntary patient shall	85220
notify the bureau of criminal identification and investigation, on	85221
the form described in division (C) of this section, of the	85222
identity of the individual. The notification shall be transmitted	85223
by the judge or the chief clinical officer not later than seven	85224
days after the adjudication or commitment.	85225

(B) The bureau of criminal identification and investigation	85226
shall compile and maintain the notices it receives under division	85227
(A) of this section and shall use them for the purpose of	85228
conducting incompetency records checks pursuant to section 311.41	85229
of the Revised Code. The notices and the information they contain	85230
are confidential, except as provided in this division, and are not	85231
public records.	85232

(C) The attorney general, by rule adopted under Chapter 119.	85233
of the Revised Code, shall prescribe and make available to all	85234
probate judges and all chief clinical officers a form to be used	85235
by them for the purpose of making the notifications required by	85236
division (A) of this section.	85237

Sec. 5122.32. (A) As used in this section:

85238

(1) "Quality assurance committee" means a committee that is	85239
appointed in the central office of the department of ~~mental health~~	85240
mental health and addiction services by the director of ~~mental~~	85241
~~health~~mental health and addiction services, a committee of a	85242
hospital or community setting program, ~~a committee established~~	85243
~~pursuant to section 5119.47 of the Revised Code of the department~~	85244
~~of mental health appointed by the managing officer of the hospital~~	85245
~~or program,~~ or a duly authorized subcommittee of a committee of	85246
that nature and that is designated to carry out quality assurance	85247
program activities.	85248

(2) "Quality assurance program" means a comprehensive program	85249
within the department of ~~mental health~~mental health and addiction	85250
services to systematically review and improve the quality of	85251
medical and mental health services within the department and its	85252
hospitals and community setting programs, the safety and security	85253
of persons receiving medical and mental health services within the	85254
department and its hospitals and community setting programs, and	85255
the efficiency and effectiveness of the utilization of staff and	85256
resources in the delivery of medical and mental health services	85257
within the department and its hospitals and community setting	85258
programs. "Quality assurance program" includes the central office	85259
quality assurance committees, morbidity and mortality review	85260
committees, quality assurance programs of community setting	85261
programs, quality assurance committees of hospitals operated by	85262
the department of ~~mental health~~mental health and addiction	85263
services, and the office of licensure and certification of the	85264
department.	85265

(3) "Quality assurance program activities" include collecting	85266
or compiling information and reports required by a quality	85267
assurance committee, receiving, reviewing, or implementing the	85268
recommendations made by a quality assurance committee, and	85269
credentialing, privileging, infection control, tissue review, peer	85270
review, utilization review including access to patient care	85271
records, patient care assessment records, and medical and mental	85272
health records, medical and mental health resource management,	85273
mortality and morbidity review, and identification and prevention	85274
of medical or mental health incidents and risks, whether performed	85275
by a quality assurance committee or by persons who are directed by	85276
a quality assurance committee.	85277

(4) "Quality assurance records" means the proceedings,	85278
discussion, records, findings, recommendations, evaluations,	85279
opinions, minutes, reports, and other documents or actions that	85280
emanate from quality assurance committees, quality assurance	85281
programs, or quality assurance program activities. "Quality	85282
assurance records" does not include aggregate statistical	85283
information that does not disclose the identity of persons	85284
receiving or providing medical or mental health services in	85285
department of ~~mental health institutions~~mental health and	85286
addiction services hospitals or community setting programs .	85287

(B)(1) Except as provided in division (E) of this section,	85288
quality assurance records are confidential and are not public	85289
records under section 149.43 of the Revised Code, and shall be	85290
used only in the course of the proper functions of a quality	85291
assurance program.	85292

(2) Except as provided in division (E) of this section, no	85293
person who possesses or has access to quality assurance records	85294
and who knows that the records are quality assurance records shall	85295
willfully disclose the contents of the records to any person or	85296
entity.	85297

(C)(1) Except as provided in division (E) of this section, no	85298
quality assurance record shall be subject to discovery in, and is	85299
not admissible in evidence, in any judicial or administrative	85300
proceeding.	85301

(2) Except as provided in division (E) of this section, no	85302
member of a quality assurance committee or a person who is	85303
performing a function that is part of a quality assurance program	85304
shall be permitted or required to testify in a judicial or	85305
administrative proceeding with respect to quality assurance	85306
records or with respect to any finding, recommendation,	85307
evaluation, opinion, or other action taken by the committee,	85308
member, or person.	85309

(3) Information, documents, or records otherwise available	85310
from original sources are not to be construed as being unavailable	85311
for discovery or admission in evidence in a judicial or	85312
administrative proceeding merely because they were presented to a	85313
quality assurance committee. No person testifying before a quality	85314
assurance committee or person who is a member of a quality	85315
assurance committee shall be prevented from testifying as to	85316
matters within the person's knowledge, but the witness cannot be	85317
asked about the witness' testimony before the quality assurance	85318
committee or about an opinion formed by the person as a result of	85319
the quality assurance committee proceedings.	85320

(D)(1) A person who, without malice and in the reasonable	85321
belief that the information is warranted by the facts known to the	85322
person, provides information to a person engaged in quality	85323
assurance program activities is not liable for damages in a civil	85324
action for injury, death, or loss to person or property to any	85325
person as a result of providing the information.	85326

(2) A member of a quality assurance committee, a person	85327
engaged in quality assurance program activities, and an employee	85328
of the department of ~~mental health~~mental health and addiction	85329
services shall not be liable in damages in a civil action for	85330
injury, death, or loss to person or property to any person for any	85331
acts, omissions, decisions, or other conduct within the scope of	85332
the functions of the quality assurance program.	85333

(3) Nothing in this section shall relieve any institution or	85334
individual from liability arising from the treatment of a patient.	85335

(E) Quality assurance records may be disclosed, and testimony	85336
may be provided concerning quality assurance records, only to the	85337
following persons or entities:	85338

(1) Persons who are employed or retained by the department of	85339
~~mental health~~mental health and addiction services and who have	85340
authority to evaluate or implement the recommendations of a	85341
state-operated hospital, community setting program, or central	85342
office quality assurance committee;	85343

(2) Public or private agencies or organizations if needed to	85344
perform a licensing or accreditation function related to	85345
department of ~~mental health~~mental health and addiction services	85346
hospitals or community setting programs, or to perform monitoring	85347
of a hospital or program of that nature as required by law.	85348

(F) A disclosure of quality assurance records pursuant to	85349
division (E) of this section does not otherwise waive the	85350
confidential and privileged status of the disclosed quality	85351
assurance records.	85352

(G) Nothing in this section shall limit the access of the	85353
Ohio protection and advocacy system to records or personnel as	85354
required under section 5123.601 of the Revised Code. Nothing in	85355
this section shall limit the admissibility of documentary or	85356
testimonial evidence in an action brought by the Ohio protection	85357
and advocacy system in its own name or on behalf of a client.	85358

Sec. 5122.33. The department of ~~mental health~~mental health	85359
and addiction services may prescribe the form of applications,	85360
reports, records, and medical certificates provided for under this	85361
chapter, and the information required to be contained therein;	85362
require reports from the chief clinical officer of any public	85363
hospital relating to the admission, examination, diagnosis,	85364
release, or discharge of any patient; visit each such hospital	85365
regularly to review the admission procedures of all new patients	85366
admitted between visits; investigate by personal visit complaints	85367
made by any patient or by any person on behalf of a patient; and	85368
adopt such rules as are reasonably necessary to effectuate the	85369
provisions of this chapter.	85370

Sec. 5122.34. (A) Persons, including, but not limited to,	85371
boards of alcohol, drug addiction, and mental health services and	85372
community mental health ~~agencies~~services providers, acting in	85373
good faith, either upon actual knowledge or information thought by	85374
them to be reliable, who procedurally or physically assist in the	85375
hospitalization or discharge, determination of appropriate	85376
placement, or in judicial proceedings of a person under this	85377
chapter, do not come within any criminal provisions, and are free	85378
from any liability to the person hospitalized or to any other	85379
person.	85380

(B) Regardless of whether any affirmative action has been	85381
taken under this chapter with respect to a mental health client or	85382
patient and except as otherwise provided in section 2305.51 of the	85383
Revised Code, no person shall be liable for any harm that results	85384
to any other person as a result of failing to disclose any	85385
confidential information about the mental health client or	85386
patient, or failing to otherwise attempt to protect such other	85387
person from harm by such client or patient.	85388

(C) This section applies to expert witnesses who testify at	85389
hearings under this chapter.	85390

(D) The immunity from liability conferred by this section is	85391
in addition to and not in limitation of any immunity conferred by	85392
any other section of the Revised Code or by judicial precedent.	85393

Sec. 5122.341. (A) As used in this section:

85394

(1) "Facility or ~~agency~~provider" means, in the context of a	85395
person committed to the department of ~~mental health~~mental health	85396
and addiction services under sections 2945.37 to 2945.402 of the	85397
Revised Code, any entity in which the department of ~~mental health~~	85398
mental health and addiction services places such a person.	85399

(2) "Person committed to the department" means a person	85400
committed to the department of ~~mental health~~mental health and	85401
addiction services under sections 2945.37 to 2945.402 of the	85402
Revised Code.	85403

(B) No member of a board of directors, or employee, of a	85404
facility or ~~agency~~provider in which the department of ~~mental~~	85405
~~health~~mental health and addiction services places a person	85406
committed to the department is liable for injury or damages caused	85407
by any action or inaction taken within the scope of the board	85408
member's official duties or employee's employment relating to the	85409
commitment of, and services provided to, the person committed to	85410
the department, unless the action or inaction constitutes willful	85411
or wanton misconduct. A board member's or employee's action or	85412
inaction does not constitute willful or wanton misconduct if the	85413
board member or employee acted in good faith and reasonably under	85414
the circumstances and with the knowledge reasonably attributable	85415
to the board member or employee.	85416

The immunity from liability conferred by this section is in	85417
addition to and not in limitation of any immunity conferred by any	85418
other section of the Revised Code or by judicial precedent.	85419

Sec. 5122.39. (A) Mentally ill minors shall remain under the	85420
natural guardianship of their parents, notwithstanding	85421
hospitalization pursuant to this chapter, unless parental rights	85422
have been terminated pursuant to a court finding that the minor is	85423
neglected or dependent. Where a mentally ill minor is found to be	85424
dependent or neglected, the public children's services agency in	85425
the county of residence has final guardianship authority and	85426
responsibility.	85427

(B) In no case shall the guardianship of a mentally ill	85428
person be assigned to the chief medical officer or any staff	85429
member of a hospital, board, or ~~agency~~provider from which the	85430
person is receiving mental health services.	85431

Sec. 5122.43. (A) Costs, fees, and expenses of all	85432
proceedings held under this chapter shall be paid as follows:	85433

(1) To police and health officers, other than sheriffs or	85434
their deputies, the same fees allowed to constables, to be paid	85435
upon the approval of the probate judge;	85436

(2) To sheriffs or their deputies, the same fees allowed for	85437
similar services in the court of common pleas;	85438

(3) To physicians or licensed clinical psychologists acting	85439
as expert witnesses and to other expert witnesses designated by	85440
the court, an amount determined by the court;	85441

(4) To other witnesses, the same fees and mileage as for	85442
attendance at the court of common pleas, to be paid upon the	85443
approval of the probate judge;	85444

(5) To a person, other than the sheriff or the sheriff's	85445
deputies, for taking a mentally ill person to a hospital or	85446
removing a mentally ill person from a hospital, the actual	85447
necessary expenses incurred, specifically itemized, and approved	85448
by the probate judge;	85449

(6) To assistants who convey mentally ill persons to the	85450
hospital when authorized by the probate judge, a fee set by the	85451
probate court, provided the assistants are not drawing a salary	85452
from the state or any political subdivision of the state, and	85453
their actual necessary expenses incurred, provided that the	85454
expenses are specifically itemized and approved by the probate	85455
judge;	85456

(7) To an attorney appointed by the probate division for an	85457
indigent who allegedly is a mentally ill person pursuant to any	85458
section of this chapter, the fees that are determined by the	85459
probate division. When those indigent persons are before the	85460
court, all filing and recording fees shall be waived.	85461

(8) To a referee who is appointed to conduct proceedings	85462
under this chapter that involve a respondent whose domicile is or,	85463
before the respondent's hospitalization, was not the county in	85464
which the proceedings are held, compensation as fixed by the	85465
probate division, but not more than the compensation paid for	85466
similar proceedings for respondents whose domicile is in the	85467
county in which the proceedings are held;	85468

(9) To a court reporter appointed to make a transcript of	85469
proceedings under this chapter, the compensation and fees allowed	85470
in other cases under section 2101.08 of the Revised Code.	85471

(B) A county shall pay for the costs, fees, and expenses	85472
described in division (A) of this section with money appropriated	85473
pursuant to section 2101.11 of the Revised Code. A county may seek	85474
reimbursement from the department of ~~mental health~~mental health	85475
and addiction services by submitting a request and certification	85476
by the county auditor of the costs, fees, and expenses to the	85477
department within two months of the date the costs, fees, and	85478
expenses are incurred by the county.	85479

Each fiscal year, based on past allocations, historical	85480
utilization, and other factors the department considers	85481
appropriate, the department shall allocate for each county an	85482
amount for reimbursements under this section. The total of all the	85483
allocations shall equal the amount appropriated for the fiscal	85484
year to the department specifically for the purposes of this	85485
section.	85486

On receipt, the department shall review each request for	85487
reimbursement and prepare a voucher for the amount of the costs,	85488
fees, and expenses incurred by the county, provided that the total	85489
amount of money paid to all counties in each fiscal year shall not	85490
exceed the total amount of moneys specifically appropriated to the	85491
department for these purposes.	85492

The department's total reimbursement to each county shall be	85493
the lesser of the full amount requested or the amount allocated	85494
for the county under this division. In addition, the department	85495
shall distribute any surplus remaining from the money appropriated	85496
for the fiscal year to the department for the purposes of this	85497
section as follows to counties whose full requests exceed their	85498
allocations:	85499

(1) If the surplus is sufficient to reimburse such counties	85500
the full amount of their requests, each such county shall receive	85501
the full amount of its request;	85502

(2) If the surplus is insufficient, each such county shall	85503
receive a percentage of the surplus determined by dividing the	85504
difference between the county's full request and its allocation by	85505
the difference between the total of the full requests of all such	85506
counties and the total of the amounts allocated for all such	85507
counties.	85508

The department may adopt rules in accordance with Chapter	85509
119. of the Revised Code to implement the payment of costs, fees,	85510
and expenses under this section.	85511

Sec. 5122.44. As used in sections 5122.44 to 5122.47 of the	85512
Revised Code:	85513

(A) "Compilation" means a written list of the following	85514
information, as the department of ~~mental health~~mental health and	85515
addiction services is able to reasonably ascertain, for every	85516
patient who was buried, entombed, or inurned prior to ~~the~~	85517
~~effective date of this section~~March 31, 2005, in a cemetery	85518
located on the grounds of or adjacent to the grounds of a public	85519
hospital:	85520

(1) Name;

85521

(2) Date of birth;

85522

(3) Date of death or burial;

85523

(4) Specific physical location of the burial, entombment, or	85524
inurnment, including the plot or grave site number if available.	85525

(B) "Patient" means an individual who died while admitted to	85526
a public hospital that was under the control of the department of	85527
~~mental health~~mental health and addiction services.	85528

(C) "Record" has the same meaning as in section 149.011 of	85529
the Revised Code.	85530

(D) "State agency" means every organized body, office, or	85531
agency established by the laws of the state for the exercise of	85532
any function of state government.	85533

Sec. 5122.45. The department of ~~mental health~~mental health	85534
and addiction services shall create a separate compilation for	85535
each cemetery located on the grounds of or adjacent to the grounds	85536
of a public hospital that is under the control of the department	85537
on ~~the effective date of this section~~March 31, 2005. The	85538
compilation shall be created within a reasonable time not	85539
exceeding three years after ~~the effective date of this section~~	85540
March 31, 2005. The department shall use its best efforts to	85541
create the most complete compilations possible using records in	85542
the department's possession and records obtained in accordance	85543
with section 5122.46 of the Revised Code.	85544

Sec. 5122.46. The Ohio historical society and each state	85545
agency shall, at the request of the department of ~~mental health~~	85546
mental health and addiction services, provide the department	85547
access to records and information in the possession of the	85548
historical society or state agency for purposes of creating	85549
compilations.	85550

Sec. 5122.47. The department of ~~mental health~~mental health	85551
and addiction services shall deposit a copy of each compilation	85552
with the Ohio historical society and the state library as soon as	85553
a compilation is completed. The department shall not disclose any	85554
record or information used to create a compilation except as	85555
provided in sections 149.43 and 5122.31 of the Revised Code.	85556

Sec. 5123.01. As used in this chapter:

85557

(A) "Chief medical officer" means the licensed physician	85558
appointed by the managing officer of an institution for the	85559
mentally retarded with the approval of the director of	85560
developmental disabilities to provide medical treatment for	85561
residents of the institution.	85562

(B) "Chief program director" means a person with special	85563
training and experience in the diagnosis and management of the	85564
mentally retarded, certified according to division (C) of this	85565
section in at least one of the designated fields, and appointed by	85566
the managing officer of an institution for the mentally retarded	85567
with the approval of the director to provide habilitation and care	85568
for residents of the institution.	85569

(C) "Comprehensive evaluation" means a study, including a	85570
sequence of observations and examinations, of a person leading to	85571
conclusions and recommendations formulated jointly, with	85572
dissenting opinions if any, by a group of persons with special	85573
training and experience in the diagnosis and management of persons	85574
with mental retardation or a developmental disability, which group	85575
shall include individuals who are professionally qualified in the	85576
fields of medicine, psychology, and social work, together with	85577
such other specialists as the individual case may require.	85578

(D) "Education" means the process of formal training and	85579
instruction to facilitate the intellectual and emotional	85580
development of residents.	85581

(E) "Habilitation" means the process by which the staff of	85582
the institution assists the resident in acquiring and maintaining	85583
those life skills that enable the resident to cope more	85584
effectively with the demands of the resident's own person and of	85585
the resident's environment and in raising the level of the	85586
resident's physical, mental, social, and vocational efficiency.	85587
Habilitation includes but is not limited to programs of formal,	85588
structured education and training.	85589

(F) "Health officer" means any public health physician,	85590
public health nurse, or other person authorized or designated by a	85591
city or general health district.	85592

(G) "Home and community-based services" means medicaid-funded	85593
home and community-based services specified in division ~~(B)~~(A)(1)	85594
of section ~~5111.87~~5166.20 of the Revised Code provided under the	85595
medicaid waiver components the department of developmental	85596
disabilities administers pursuant to section ~~5111.871~~5166.21 of	85597
the Revised Code. Except as provided in section 5123.0412 of the	85598
Revised Code, home and community-based services provided under the	85599
medicaid waiver component known as the transitions developmental	85600
disabilities waiver are to be considered to be home and	85601
community-based services for the purposes of this chapter, and	85602
Chapters 5124. and 5126. of the Revised Code, only to the extent,	85603
if any, provided by the contract required by section ~~5111.871~~	85604
5166.21 of the Revised Code regarding the waiver.	85605

(H) "ICF/MR" has the same meaning as in section 5124.01 of	85606
the Revised Code.	85607

(I) "Indigent person" means a person who is unable, without	85608
substantial financial hardship, to provide for the payment of an	85609
attorney and for other necessary expenses of legal representation,	85610
including expert testimony.	85611

~~(I)~~(J) "Institution" means a public or private facility, or a	85612
part of a public or private facility, that is licensed by the	85613
appropriate state department and is equipped to provide	85614
residential habilitation, care, and treatment for the mentally	85615
retarded.	85616

~~(J)~~(K) "Licensed physician" means a person who holds a valid	85617
certificate issued under Chapter 4731. of the Revised Code	85618
authorizing the person to practice medicine and surgery or	85619
osteopathic medicine and surgery, or a medical officer of the	85620
government of the United States while in the performance of the	85621
officer's official duties.	85622

~~(K)~~(L) "Managing officer" means a person who is appointed by	85623
the director of developmental disabilities to be in executive	85624
control of an institution for the mentally retarded under the	85625
jurisdiction of the department.	85626

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	85627
~~the Revised Code.~~	85628

(M) "Medicaid case management services" means case management	85629
services provided to an individual with mental retardation or	85630
other developmental disability that the state medicaid plan	85631
requires.	85632

(N) "Mentally retarded person" means a person having	85633
significantly subaverage general intellectual functioning existing	85634
concurrently with deficiencies in adaptive behavior, manifested	85635
during the developmental period.	85636

(O) "Mentally retarded person subject to institutionalization	85637
by court order" means a person eighteen years of age or older who	85638
is at least moderately mentally retarded and in relation to whom,	85639
because of the person's retardation, either of the following	85640
conditions exist:	85641

(1) The person represents a very substantial risk of physical	85642
impairment or injury to self as manifested by evidence that the	85643
person is unable to provide for and is not providing for the	85644
person's most basic physical needs and that provision for those	85645
needs is not available in the community;	85646

(2) The person needs and is susceptible to significant	85647
habilitation in an institution.	85648

(P) "A person who is at least moderately mentally retarded"	85649
means a person who is found, following a comprehensive evaluation,	85650
to be impaired in adaptive behavior to a moderate degree and to be	85651
functioning at the moderate level of intellectual functioning in	85652
accordance with standard measurements as recorded in the most	85653
current revision of the manual of terminology and classification	85654
in mental retardation published by the American association on	85655
mental retardation.	85656

(Q) As used in this division, "substantial functional	85657
limitation," "developmental delay," and "established risk" have	85658
the meanings established pursuant to section 5123.011 of the	85659
Revised Code.	85660

"Developmental disability" means a severe, chronic disability	85661
that is characterized by all of the following:	85662

(1) It is attributable to a mental or physical impairment or	85663
a combination of mental and physical impairments, other than a	85664
mental or physical impairment solely caused by mental illness as	85665
defined in division (A) of section 5122.01 of the Revised Code.	85666

(2) It is manifested before age twenty-two.

85667

(3) It is likely to continue indefinitely.

85668

(4) It results in one of the following:

85669

(a) In the case of a person under three years of age, at	85670
least one developmental delay or an established risk;	85671

(b) In the case of a person at least three years of age but	85672
under six years of age, at least two developmental delays or an	85673
established risk;	85674

(c) In the case of a person six years of age or older, a	85675
substantial functional limitation in at least three of the	85676
following areas of major life activity, as appropriate for the	85677
person's age: self-care, receptive and expressive language,	85678
learning, mobility, self-direction, capacity for independent	85679
living, and, if the person is at least sixteen years of age,	85680
capacity for economic self-sufficiency.	85681

(5) It causes the person to need a combination and sequence	85682
of special, interdisciplinary, or other type of care, treatment,	85683
or provision of services for an extended period of time that is	85684
individually planned and coordinated for the person.	85685

(R) "Developmentally disabled person" means a person with a	85686
developmental disability.	85687

(S) "State institution" means an institution that is	85688
tax-supported and under the jurisdiction of the department.	85689

(T) "Residence" and "legal residence" have the same meaning	85690
as "legal settlement," which is acquired by residing in Ohio for a	85691
period of one year without receiving general assistance prior to	85692
July 17, 1995, under former Chapter 5113. of the Revised Code,	85693
financial assistance under Chapter 5115. of the Revised Code, or	85694
assistance from a private agency that maintains records of	85695
assistance given. A person having a legal settlement in the state	85696
shall be considered as having legal settlement in the assistance	85697
area in which the person resides. No adult person coming into this	85698
state and having a spouse or minor children residing in another	85699
state shall obtain a legal settlement in this state as long as the	85700
spouse or minor children are receiving public assistance, care, or	85701
support at the expense of the other state or its subdivisions. For	85702
the purpose of determining the legal settlement of a person who is	85703
living in a public or private institution or in a home subject to	85704
licensing by the department of job and family services, the	85705
department of ~~mental health~~mental health and addiction services,	85706
or the department of developmental disabilities, the residence of	85707
the person shall be considered as though the person were residing	85708
in the county in which the person was living prior to the person's	85709
entrance into the institution or home. Settlement once acquired	85710
shall continue until a person has been continuously absent from	85711
Ohio for a period of one year or has acquired a legal residence in	85712
another state. A woman who marries a man with legal settlement in	85713
any county immediately acquires the settlement of her husband. The	85714
legal settlement of a minor is that of the parents, surviving	85715
parent, sole parent, parent who is designated the residential	85716
parent and legal custodian by a court, other adult having	85717
permanent custody awarded by a court, or guardian of the person of	85718
the minor, provided that:	85719

(1) A minor female who marries shall be considered to have	85720
the legal settlement of her husband and, in the case of death of	85721
her husband or divorce, she shall not thereby lose her legal	85722
settlement obtained by the marriage.	85723

(2) A minor male who marries, establishes a home, and who has	85724
resided in this state for one year without receiving general	85725
assistance prior to July 17, 1995, under former Chapter 5113. of	85726
the Revised Code, financial assistance under Chapter 5115. of the	85727
Revised Code, or assistance from a private agency that maintains	85728
records of assistance given shall be considered to have obtained a	85729
legal settlement in this state.	85730

(3) The legal settlement of a child under eighteen years of	85731
age who is in the care or custody of a public or private child	85732
caring agency shall not change if the legal settlement of the	85733
parent changes until after the child has been in the home of the	85734
parent for a period of one year.	85735

No person, adult or minor, may establish a legal settlement	85736
in this state for the purpose of gaining admission to any state	85737
institution.	85738

(U)(1) "Resident" means, subject to division ~~(R)~~(U)(2) of	85739
this section, a person who is admitted either voluntarily or	85740
involuntarily to an institution or other facility pursuant to	85741
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	85742
Code subsequent to a finding of not guilty by reason of insanity	85743
or incompetence to stand trial or under this chapter who is under	85744
observation or receiving habilitation and care in an institution.	85745

(2) "Resident" does not include a person admitted to an	85746
institution or other facility under section 2945.39, 2945.40,	85747
2945.401, or 2945.402 of the Revised Code to the extent that the	85748
reference in this chapter to resident, or the context in which the	85749
reference occurs, is in conflict with any provision of sections	85750
2945.37 to 2945.402 of the Revised Code.	85751

(V) "Respondent" means the person whose detention,	85752
commitment, or continued commitment is being sought in any	85753
proceeding under this chapter.	85754

(W) "Working day" and "court day" mean Monday, Tuesday,	85755
Wednesday, Thursday, and Friday, except when such day is a legal	85756
holiday.	85757

(X) "Prosecutor" means the prosecuting attorney, village	85758
solicitor, city director of law, or similar chief legal officer	85759
who prosecuted a criminal case in which a person was found not	85760
guilty by reason of insanity, who would have had the authority to	85761
prosecute a criminal case against a person if the person had not	85762
been found incompetent to stand trial, or who prosecuted a case in	85763
which a person was found guilty.	85764

(Y) "Court" means the probate division of the court of common	85765
pleas.	85766

(Z) "Supported living" and "residential services" have the	85767
same meanings as in section 5126.01 of the Revised Code.	85768

Sec. 5123.021. (A) As used in this section, "mentally	85769
retarded individual" and "specialized services" have the same	85770
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	85771

(B)(1) Except as provided in division (B)(2) of this section	85772
and rules adopted under division (E)(3) of this section, for	85773
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	85774
department of developmental disabilities shall determine in	85775
accordance with section 1919(e)(7) of the "Social Security Act,"	85776
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations	85777
adopted under section 1919(f)(8)(A) of that act whether, because	85778
of the individual's physical and mental condition, a mentally	85779
retarded individual seeking admission to a nursing facility	85780
requires the level of services provided by a nursing facility and,	85781
if the individual requires that level of services, whether the	85782
individual requires specialized services for mental retardation.	85783

(2) A determination under this division is not required for	85784
any of the following:	85785

(a) An individual seeking readmission to a nursing facility	85786
after having been transferred from a nursing facility to a	85787
hospital for care;	85788

(b) An individual who meets all of the following conditions:

85789

(i) The individual is admitted to the nursing facility	85790
directly from a hospital after receiving inpatient care at the	85791
hospital;	85792

(ii) The individual requires nursing facility services for	85793
the condition for which the individual received care in the	85794
hospital;	85795

(iii) The individual's attending physician has certified,	85796
before admission to the nursing facility, that the individual is	85797
likely to require less than thirty days of nursing facility	85798
services.	85799

(c) An individual transferred from one nursing facility to	85800
another nursing facility, with or without an intervening hospital	85801
stay.	85802

(C) Except as provided in rules adopted under division (F)(3)	85803
of this section, the department of developmental disabilities	85804
shall review and determine, for each resident of a nursing	85805
facility who is mentally retarded, whether the resident, because	85806
of the resident's physical and mental condition, requires the	85807
level of services provided by a nursing facility and whether the	85808
resident requires specialized services for mental retardation. The	85809
review and determination shall be conducted in accordance with	85810
section 1919(e)(7) of the "Social Security Act" and the	85811
regulations adopted under section 1919(f)(8)(A) of the act. The	85812
review and determination shall be completed promptly after a	85813
nursing facility has notified the department that there has been a	85814
significant change in the resident's mental or physical condition.	85815

(D)(1) In the case of a nursing facility resident who has	85816
continuously resided in a nursing facility for at least thirty	85817
months before the date of a review and determination under	85818
division (C) of this section, if the resident is determined not to	85819
require the level of services provided by a nursing facility, but	85820
is determined to require specialized services for mental	85821
retardation, the department, in consultation with the resident's	85822
family or legal representative and care givers, shall do all of	85823
the following:	85824

(a) Inform the resident of the institutional and	85825
noninstitutional alternatives covered under the state plan for	85826
medical assistance;	85827

(b) Offer the resident the choice of remaining in the nursing	85828
facility or receiving covered services in an alternative	85829
institutional or noninstitutional setting;	85830

(c) Clarify the effect on eligibility for services under the	85831
state plan for medical assistance if the resident chooses to leave	85832
the facility, including its effect on readmission to the facility;	85833

(d) Provide for or arrange for the provision of specialized	85834
services for the resident's mental retardation in the setting	85835
chosen by the resident.	85836

(2) In the case of a nursing facility resident who has	85837
continuously resided in a nursing facility for less than thirty	85838
months before the date of the review and determination under	85839
division (C) of this section, if the resident is determined not to	85840
require the level of services provided by a nursing facility, but	85841
is determined to require specialized services for mental	85842
retardation, or if the resident is determined to require neither	85843
the level of services provided by a nursing facility nor	85844
specialized services for mental retardation, the department shall	85845
act in accordance with its alternative disposition plan approved	85846
by the United States department of health and human services under	85847
section 1919(e)(7)(E) of the "Social Security Act."	85848

(3) In the case of an individual who is determined under	85849
division (B) or (C) of this section to require both the level of	85850
services provided by a nursing facility and specialized services	85851
for mental retardation, the department of developmental	85852
disabilities shall provide or arrange for the provision of the	85853
specialized services needed by the individual or resident while	85854
residing in a nursing facility.	85855

(E) The department of developmental disabilities shall adopt	85856
rules in accordance with Chapter 119. of the Revised Code that do	85857
all of the following:	85858

(1) Establish criteria to be used in making the	85859
determinations required by divisions (B) and (C) of this section.	85860
The criteria shall not exceed the criteria established by	85861
regulations adopted by the United States department of health and	85862
human services under section 1919(f)(8)(A) of the "Social Security	85863
Act."	85864

(2) Specify information to be provided by the individual or	85865
nursing facility resident being assessed;	85866

(3) Specify any circumstances, in addition to circumstances	85867
listed in division (B) of this section, under which determinations	85868
under divisions (B) and (C) of this section are not required to be	85869
made.	85870

Sec. 5123.022. It(A) As used in this section:

85871

(1) "Community employment" means competitive employment that	85872
takes place in an integrated setting.	85873

(2) "Competitive employment" means full-time or part-time	85874
work in the competitive labor market in which payment is at or	85875
above the minimum wage but not less than the customary wage and	85876
level of benefits paid by the employer for the same or similar	85877
work performed by persons who are not disabled.	85878

(3) "Integrated setting" means a setting typically found in	85879
the community where individuals with developmental disabilities	85880
interact with individuals who do not have disabilities to the same	85881
extent that individuals in comparable positions who are not	85882
disabled interact with other individuals, including in employment	85883
settings in which employees interact with the community through	85884
technology.	85885

(B) It is hereby declared to be the policy of this state that	85886
employment services for individuals with developmental	85887
disabilities be directed at placement whenever possible of each	85888
individual in ~~a position in the~~ community ~~in which the individual~~	85889
~~is integrated with the employer's other workers who are not~~	85890
~~developmentally disabled~~employment. ~~The~~Every individual with a	85891
developmental disability is presumed capable of community	85892
employment unless proven otherwise through an individualized	85893
assessment process.	85894

The departments of developmental disabilities, education,	85895
medicaid, job and family services, and ~~mental health~~mental health	85896
and addiction services; the rehabilitation services commission ;	85897
and each other state agency that provides employment services to	85898
individuals with developmental disabilities shall implement ~~this~~	85899
the policy of this state and ensure that it is followed whenever	85900
employment services are provided to individuals with developmental	85901
disabilities.	85902

The department of developmental disabilities shall coordinate	85903
the actions taken by state agencies to comply with the state's	85904
policy. Agencies shall collaborate within their divisions and with	85905
each other to ensure that state programs, policies, procedures,	85906
and funding support competitive and integrated employment of	85907
individuals with developmental disabilities. State agencies shall	85908
share information with the department, and the department shall	85909
track progress toward full implementation of the policy. The	85910
department, in coordination with any task force established by the	85911
governor, shall compile data and annually submit to the governor a	85912
report on implementation of the policy.	85913

The department and state agencies may adopt rules to	85914
implement the state's policy.	85915

(C) The state's policy articulated in this section is	85916
intended to promote the right of each individual with a	85917
developmental disability to informed choice; however, nothing in	85918
this section requires any employer to give preference in hiring to	85919
an individual because the individual has a disability.	85920

Sec. 5123.023. (A) The director of developmental	85921
disabilities may establish an employment first task force	85922
consisting of the departments of developmental disabilities,	85923
education, medicaid, job and family services, and mental health	85924
and addiction services; and the opportunities for Ohioans with	85925
disabilities agency. The purpose of the task force shall be to	85926
improve the coordination of the state's efforts to address the	85927
needs of individuals with developmental disabilities who seek	85928
community employment as defined in section 5123.022 of the Revised	85929
Code.	85930

(B) The department of developmental disabilities may enter	85931
into interagency agreements with any of the government entities on	85932
the task force. The interagency agreements may specify either or	85933
both of the following:	85934

(1) The roles and responsibilities of the government entities	85935
that are members of the task force, including any money to be	85936
contributed by those entities;	85937

(2) The projects and activities of the task force.

85938

(C) There is hereby created in the state treasury the	85939
employment first taskforce fund. Any money received by the task	85940
force from its members shall be credited to the fund. The	85941
department of developmental disabilities shall use the fund to	85942
support the work of the task force.	85943

(D) The task force shall cease to exist on January 1, 2020.	85944
Any money, assets, or employees of the department of developmental	85945
disabilities that on that date are dedicated to the work of the	85946
task force shall be reallocated by the department for employment	85947
services for individuals with developmental disabilities.	85948

Sec. 5123.03. (A) The department of developmental	85949
disabilities shall do all of the following:	85950

(1) Maintain, operate, manage, and govern all state	85951
institutions for the care, treatment, and training of the mentally	85952
retarded;	85953

(2) Designate all such institutions by appropriate names;

85954

(3) Provide and designate facilities for the custody, care,	85955
and special treatment of persons of the following classes:	85956

(a) Dangerous persons in state institutions for the mentally	85957
retarded who represent a serious threat to the safety of the other	85958
patients of the institution;	85959

(b) Persons charged with crimes who are found incompetent to	85960
stand trial or not guilty by reason of insanity and who are also	85961
mentally retarded persons subject to institutionalization by court	85962
order.	85963

(4) Have control of all institutions maintained in part by	85964
the state for the care, treatment, and training of the mentally	85965
retarded;	85966

(5) Administer the laws relative to persons in such	85967
institutions in an efficient, economical, and humane manner;	85968

(6) Ascertain by actual examinations and inquiry whether	85969
institutionalizations are made according to law.	85970

(B) The department may do any of the following:

85971

(1) Subject to section 5139.08 of the Revised Code, receive	85972
from the department of youth services for observation, diagnosis,	85973
care, habilitation, or placement any children in the custody of	85974
the department of youth services;	85975

(2) Receive for observation any minor from a public	85976
institution other than an institution under the jurisdiction of	85977
the department of developmental disabilities, from a private	85978
charitable institution, or from a person having legal custody of	85979
such a minor, upon such terms as are proper;	85980

(3) Receive from the department of ~~mental health~~mental	85981
health and addiction services any patient in the custody of the	85982
department who is transferred to the department of developmental	85983
disabilities upon such terms and conditions as may be agreed upon	85984
by the two departments.	85985

(C) In addition to the powers and duties expressly conferred	85986
by this section, the department may take any other action	85987
necessary for the full and efficient executive, administrative,	85988
and fiscal supervision of the state institutions described in this	85989
section.	85990

Sec. 5123.0412. (A) The department of developmental	85991
disabilities shall charge each county board of developmental	85992
disabilities an annual fee equal to one and one-quarter per cent	85993
of the total value of all medicaid paid claims for home and	85994
community-based services provided during the year to an individual	85995
eligible for services from the county board. However, the	85996
department shall not charge the fee for home and community-based	85997
services provided under the medicaid waiver component known as the	85998
transitions developmental disabilities waiver. No county board	85999
shall pass the cost of a fee charged to the county board under	86000
this section on to another provider of these services.	86001

(B) The fees collected under this section shall be deposited	86002
into the ODDD administration and oversight fund ~~and the ODJFS~~	86003
~~administration and oversight fund, both of~~ , which ~~are~~is hereby	86004
created in the state treasury. ~~The portion of the fees to be~~	86005
~~deposited into the ODDD administration and oversight fund and the~~	86006
~~portion of the fees to be deposited into the ODJFS administration~~	86007
~~and oversight fund shall be the portion specified in an~~	86008
~~interagency agreement entered into under division (C) of this~~	86009
~~section.~~ The department ~~of developmental disabilities~~ shall use	86010
the money in the ODDD administration and oversight fund ~~and the~~	86011
~~department of job and family services shall use the money in the~~	86012
~~ODJFS administration and oversight fund~~ for both of the following	86013
purposes:	86014

(1) Medicaid administrative costs, including administrative	86015
and oversight costs of medicaid case management services and home	86016
and community-based services. The administrative and oversight	86017
costs of medicaid case management services and home and	86018
community-based services shall include costs for staff, systems,	86019
and other resources the ~~departments need~~department needs and	86020
~~dedicate~~dedicates solely to the following duties associated with	86021
the services:	86022

(a) Eligibility determinations;

86023

(b) Training;

86024

86025

(d) Claims processing;

86026

(e) Quality assurance oversight;

86027

(f) Other duties the ~~departments identify~~department	86028
identifies.	86029

(2) Providing technical support to county boards' local	86030
administrative authority under section 5126.055 of the Revised	86031
Code for the services.	86032

(C) ~~The departments of developmental disabilities and job and~~	86033
~~family services shall enter into an interagency agreement to do~~	86034
~~both of the following:~~	86035

~~(1) Specify which portion of the fees collected under this~~	86036
~~section is to be deposited into the ODDD administration and~~	86037
~~oversight fund and which portion is to be deposited into the ODJFS~~	86038
~~administration and oversight fund;~~	86039

~~(2) Provide for the departments to coordinate the staff whose~~	86040
~~costs are paid for with money in the ODDD administration and~~	86041
~~oversight fund and the ODJFS administration and oversight fund.~~	86042

~~(D)~~ The ~~departments~~department shall submit an annual report	86043
to the director of budget and management certifying how the	86044
~~departments~~department spent the money in the ODDD administration	86045
and oversight fund ~~and the ODJFS administration and oversight fund~~	86046
for the purposes specified in division (B) of this section.	86047

Sec. 5123.0417. (A) The director of developmental	86048
disabilities shall establish one or more programs for individuals	86049
under twenty-two years of age who have intensive behavioral needs,	86050
including such individuals with a primary diagnosis of autism	86051
spectrum disorder. The programs may include one or more medicaid	86052
waiver components that the director administers pursuant to	86053
section ~~5111.871~~5166.21 of the Revised Code. The programs may do	86054
one or more of the following:	86055

(1) Establish models that incorporate elements common to	86056
effective intervention programs and evidence-based practices in	86057
services for children with intensive behavioral needs;	86058

(2) Design a template for individualized education plans and	86059
individual service plans that provide consistent intervention	86060
programs and evidence-based practices for the care and treatment	86061
of children with intensive behavioral needs;	86062

(3) Disseminate best practice guidelines for use by families	86063
of children with intensive behavioral needs and professionals	86064
working with such families;	86065

(4) Develop a transition planning model for effectively	86066
mainstreaming school-age children with intensive behavioral needs	86067
to their public school district;	86068

(5) Contribute to the field of early and effective	86069
identification and intervention programs for children with	86070
intensive behavioral needs by providing financial support for	86071
scholarly research and publication of clinical findings.	86072

(B) The director of developmental disabilities shall	86073
collaborate with the medicaid director ~~of job and family services~~	86074
and consult with the executive director of the Ohio center for	86075
autism and low incidence and university-based programs that	86076
specialize in services for individuals with developmental	86077
disabilities when establishing programs under this section.	86078

Sec. 5123.09. Subject to the rules of the department of	86079
developmental disabilities, each institution under the	86080
jurisdiction of the department shall be under the control of a	86081
managing officer to be known as a superintendent or by other	86082
appropriate title. The managing officer shall be appointed by the	86083
director of developmental disabilities and shall be in the	86084
unclassified service and serve at the pleasure of the director.	86085
Each managing officer shall be of good moral character and have	86086
skill, ability, and experience in the managing officer's	86087
profession. Appointment to the position of managing officer of an	86088
institution may be made from persons holding positions in the	86089
classified service in the department.	86090

The managing officer, under the director, shall have entire	86091
executive charge of the institution for which the managing officer	86092
is appointed, except as provided in section ~~5119.16~~5119.44 of the	86093
Revised Code. Subject to civil service rules and rules adopted by	86094
the department, the managing officer shall appoint the necessary	86095
employees, and the managing officer or the director may remove	86096
those employees for cause. A report of all appointments,	86097
resignations, and discharges shall be filed with the appropriate	86098
division at the close of each month.	86099

After conference with the managing officer of each	86100
institution, the director shall determine the number of employees	86101
to be appointed to the various institutions and clinics.	86102

Sec. 5123.171. As used in this section, "respite care" means	86103
appropriate, short-term, temporary care provided to a mentally	86104
retarded or developmentally disabled person to sustain the family	86105
structure or to meet planned or emergency needs of the family.	86106

The department of developmental disabilities shall provide	86107
respite care services to persons with mental retardation or a	86108
developmental disability for the purpose of promoting	86109
self-sufficiency and normalization, preventing or reducing	86110
inappropriate institutional care, and furthering the unity of the	86111
family by enabling the family to meet the special needs of a	86112
mentally retarded or developmentally disabled person.	86113

In order to be eligible for respite care services under this	86114
section, the mentally retarded or developmentally disabled person	86115
must be in need of habilitation services as defined in section	86116
5126.01 of the Revised Code.	86117

Respite care may be provided in a residential facility	86118
licensed under section 5123.19 of the Revised Code (, including a	86119
residential facility certified as an ~~intermediate care facility~~	86120
~~for the mentally retarded under Title XIX of the "Social Security~~	86121
~~Act," 79 Stat. 344 (1965), 42 U.S.C. 1396, et seq., as amended)~~	86122
ICF/MR, and a respite care home certified under section 5126.05 of	86123
the Revised Code.	86124

The department shall develop a system for locating vacant	86125
beds that are available for respite care and for making	86126
information on vacant beds available to users of respite care	86127
services. ~~Facilities certified as intermediate care facilities for~~	86128
~~the mentally retarded~~ICFs/MR shall report vacant beds to the	86129
department but shall not be required to accept respite care	86130
clients.	86131

The director of developmental disabilities shall adopt, and	86132
may amend or rescind, rules in accordance with Chapter 119. of the	86133
Revised Code for both of the following:	86134

(A) Certification by county boards of developmental	86135
disabilities of respite care homes;	86136

(B) Provision of respite care services authorized by this	86137
section. Rules adopted under this division shall establish all of	86138
the following:	86139

(1) A formula for distributing funds appropriated for respite	86140
care services;	86141

(2) Standards for supervision, training and quality control	86142
in the provision of respite care services;	86143

(3) Eligibility criteria for emergency respite care services.

86144

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	86145
the Revised Code:	86146

(1) "Independent living arrangement" means an arrangement in	86147
which a mentally retarded or developmentally disabled person	86148
resides in an individualized setting chosen by the person or the	86149
person's guardian, which is not dedicated principally to the	86150
provision of residential services for mentally retarded or	86151
developmentally disabled persons, and for which no financial	86152
support is received for rendering such service from any	86153
governmental agency by a provider of residential services.	86154

(2) ~~"Intermediate care facility for the mentally retarded"~~	86155
~~has the same meaning as in section 1905(d) of the "Social Security~~	86156
~~Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.~~	86157

~~(3)~~ "Licensee" means the person or government agency that has	86158
applied for a license to operate a residential facility and to	86159
which the license was issued under this section.	86160

~~(4)~~(3) "Political subdivision" means a municipal corporation,	86161
county, or township.	86162

~~(5)~~(4) "Related party" has the same meaning as in section	86163
5123.16 of the Revised Code except that "provider" as used in the	86164
definition of "related party" means a person or government entity	86165
that held or applied for a license to operate a residential	86166
facility, rather than a person or government entity certified to	86167
provide supported living.	86168

~~(6)~~(5)(a) Except as provided in division (A)~~(6)~~(5)(b) of this	86169
section, "residential facility" means a home or facility,	86170
including ~~a facility certified as an intermediate care facility~~	86171
~~for the mentally retarded~~an ICF/MR, in which an individual with	86172
mental retardation or a developmental disability resides.	86173

(b) "Residential facility" does not mean any of the	86174
following:	86175

(i) The home of a relative or legal guardian in which an	86176
individual with mental retardation or a developmental disability	86177
resides;	86178

(ii) A respite care home certified under section 5126.05 of	86179
the Revised Code;	86180

(iii) A county home or district home operated pursuant to	86181
Chapter 5155. of the Revised Code;	86182

(iv) A dwelling in which the only residents with mental	86183
retardation or developmental disabilities are in independent	86184
living arrangements or are being provided supported living.	86185

(B) Every person or government agency desiring to operate a	86186
residential facility shall apply for licensure of the facility to	86187
the director of developmental disabilities unless the residential	86188
facility is subject to section 3721.02, 5103.03, ~~5119.20~~5119.33,	86189
or division (A)(9)(b) of section ~~5119.22~~5119.34 of the Revised	86190
Code.	86191

(C) Subject to section 5123.196 of the Revised Code, the	86192
director of developmental disabilities shall license the operation	86193
of residential facilities. An initial license shall be issued for	86194
a period that does not exceed one year, unless the director denies	86195
the license under division (D) of this section. A license shall be	86196
renewed for a period that does not exceed three years, unless the	86197
director refuses to renew the license under division (D) of this	86198
section. The director, when issuing or renewing a license, shall	86199
specify the period for which the license is being issued or	86200
renewed. A license remains valid for the length of the licensing	86201
period specified by the director, unless the license is	86202
terminated, revoked, or voluntarily surrendered.	86203

(D) If it is determined that an applicant or licensee is not	86204
in compliance with a provision of this chapter that applies to	86205
residential facilities or the rules adopted under such a	86206
provision, the director may deny issuance of a license, refuse to	86207
renew a license, terminate a license, revoke a license, issue an	86208
order for the suspension of admissions to a facility, issue an	86209
order for the placement of a monitor at a facility, issue an order	86210
for the immediate removal of residents, or take any other action	86211
the director considers necessary consistent with the director's	86212
authority under this chapter regarding residential facilities. In	86213
the director's selection and administration of the sanction to be	86214
imposed, all of the following apply:	86215

(1) The director may deny, refuse to renew, or revoke a	86216
license, if the director determines that the applicant or licensee	86217
has demonstrated a pattern of serious noncompliance or that a	86218
violation creates a substantial risk to the health and safety of	86219
residents of a residential facility.	86220

(2) The director may terminate a license if more than twelve	86221
consecutive months have elapsed since the residential facility was	86222
last occupied by a resident or a notice required by division (K)	86223
of this section is not given.	86224

(3) The director may issue an order for the suspension of	86225
admissions to a facility for any violation that may result in	86226
sanctions under division (D)(1) of this section and for any other	86227
violation specified in rules adopted under division (H)(2) of this	86228
section. If the suspension of admissions is imposed for a	86229
violation that may result in sanctions under division (D)(1) of	86230
this section, the director may impose the suspension before	86231
providing an opportunity for an adjudication under Chapter 119. of	86232
the Revised Code. The director shall lift an order for the	86233
suspension of admissions when the director determines that the	86234
violation that formed the basis for the order has been corrected.	86235

(4) The director may order the placement of a monitor at a	86236
residential facility for any violation specified in rules adopted	86237
under division (H)(2) of this section. The director shall lift the	86238
order when the director determines that the violation that formed	86239
the basis for the order has been corrected.	86240

(5) If the director determines that two or more residential	86241
facilities owned or operated by the same person or government	86242
entity are not being operated in compliance with a provision of	86243
this chapter that applies to residential facilities or the rules	86244
adopted under such a provision, and the director's findings are	86245
based on the same or a substantially similar action, practice,	86246
circumstance, or incident that creates a substantial risk to the	86247
health and safety of the residents, the director shall conduct a	86248
survey as soon as practicable at each residential facility owned	86249
or operated by that person or government entity. The director may	86250
take any action authorized by this section with respect to any	86251
facility found to be operating in violation of a provision of this	86252
chapter that applies to residential facilities or the rules	86253
adopted under such a provision.	86254

(6) When the director initiates license revocation	86255
proceedings, no opportunity for submitting a plan of correction	86256
shall be given. The director shall notify the licensee by letter	86257
of the initiation of the proceedings. The letter shall list the	86258
deficiencies of the residential facility and inform the licensee	86259
that no plan of correction will be accepted. The director shall	86260
also send a copy of the letter to the county board of	86261
developmental disabilities. The county board shall send a copy of	86262
the letter to each of the following:	86263

(a) Each resident who receives services from the licensee;

86264

(b) The guardian of each resident who receives services from	86265
the licensee if the resident has a guardian;	86266

(c) The parent or guardian of each resident who receives	86267
services from the licensee if the resident is a minor.	86268

(7) Pursuant to rules which shall be adopted in accordance	86269
with Chapter 119. of the Revised Code, the director may order the	86270
immediate removal of residents from a residential facility	86271
whenever conditions at the facility present an immediate danger of	86272
physical or psychological harm to the residents.	86273

(8) In determining whether a residential facility is being	86274
operated in compliance with a provision of this chapter that	86275
applies to residential facilities or the rules adopted under such	86276
a provision, or whether conditions at a residential facility	86277
present an immediate danger of physical or psychological harm to	86278
the residents, the director may rely on information obtained by a	86279
county board of developmental disabilities or other governmental	86280
agencies.	86281

(9) In proceedings initiated to deny, refuse to renew, or	86282
revoke licenses, the director may deny, refuse to renew, or revoke	86283
a license regardless of whether some or all of the deficiencies	86284
that prompted the proceedings have been corrected at the time of	86285
the hearing.	86286

(E) The director shall establish a program under which public	86287
notification may be made when the director has initiated license	86288
revocation proceedings or has issued an order for the suspension	86289
of admissions, placement of a monitor, or removal of residents.	86290
The director shall adopt rules in accordance with Chapter 119. of	86291
the Revised Code to implement this division. The rules shall	86292
establish the procedures by which the public notification will be	86293
made and specify the circumstances for which the notification must	86294
be made. The rules shall require that public notification be made	86295
if the director has taken action against the facility in the	86296
eighteen-month period immediately preceding the director's latest	86297
action against the facility and the latest action is being taken	86298
for the same or a substantially similar violation of a provision	86299
of this chapter that applies to residential facilities or the	86300
rules adopted under such a provision. The rules shall specify a	86301
method for removing or amending the public notification if the	86302
director's action is found to have been unjustified or the	86303
violation at the residential facility has been corrected.	86304

(F)(1) Except as provided in division (F)(2) of this section,	86305
appeals from proceedings initiated to impose a sanction under	86306
division (D) of this section shall be conducted in accordance with	86307
Chapter 119. of the Revised Code.	86308

(2) Appeals from proceedings initiated to order the	86309
suspension of admissions to a facility shall be conducted in	86310
accordance with Chapter 119. of the Revised Code, unless the order	86311
was issued before providing an opportunity for an adjudication, in	86312
which case all of the following apply:	86313

(a) The licensee may request a hearing not later than ten	86314
days after receiving the notice specified in section 119.07 of the	86315
Revised Code.	86316

(b) If a timely request for a hearing that includes the	86317
licensee's current address is made, the hearing shall commence not	86318
later than thirty days after the department receives the request.	86319

(c) After commencing, the hearing shall continue	86320
uninterrupted, except for Saturdays, Sundays, and legal holidays,	86321
unless other interruptions are agreed to by the licensee and the	86322
director.	86323

(d) If the hearing is conducted by a hearing examiner, the	86324
hearing examiner shall file a report and recommendations not later	86325
than ten days after the last of the following:	86326

(i) The close of the hearing;

86327

(ii) If a transcript of the proceedings is ordered, the	86328
hearing examiner receives the transcript;	86329

(iii) If post-hearing briefs are timely filed, the hearing	86330
examiner receives the briefs.	86331

(e) A copy of the written report and recommendation of the	86332
hearing examiner shall be sent, by certified mail, to the licensee	86333
and the licensee's attorney, if applicable, not later than five	86334
days after the report is filed.	86335

(f) Not later than five days after the hearing examiner files	86336
the report and recommendations, the licensee may file objections	86337
to the report and recommendations.	86338

(g) Not later than fifteen days after the hearing examiner	86339
files the report and recommendations, the director shall issue an	86340
order approving, modifying, or disapproving the report and	86341
recommendations.	86342

(h) Notwithstanding the pendency of the hearing, the director	86343
shall lift the order for the suspension of admissions when the	86344
director determines that the violation that formed the basis for	86345
the order has been corrected.	86346

(G) Neither a person or government agency whose application	86347
for a license to operate a residential facility is denied nor a	86348
related party of the person or government agency may apply for a	86349
license to operate a residential facility before the date that is	86350
one year after the date of the denial. Neither a licensee whose	86351
residential facility license is revoked nor a related party of the	86352
licensee may apply for a residential facility license before the	86353
date that is five years after the date of the revocation.	86354

(H) In accordance with Chapter 119. of the Revised Code, the	86355
director shall adopt and may amend and rescind rules for licensing	86356
and regulating the operation of residential facilities. The rules	86357
for residential facilities that are ~~intermediate care facilities~~	86358
~~for the mentally retarded~~ICFs/MR may differ from those for other	86359
residential facilities. The rules shall establish and specify the	86360
following:	86361

(1) Procedures and criteria for issuing and renewing	86362
licenses, including procedures and criteria for determining the	86363
length of the licensing period that the director must specify for	86364
each license when it is issued or renewed;	86365

(2) Procedures and criteria for denying, refusing to renew,	86366
terminating, and revoking licenses and for ordering the suspension	86367
of admissions to a facility, placement of a monitor at a facility,	86368
and the immediate removal of residents from a facility;	86369

(3) Fees for issuing and renewing licenses, which shall be	86370
deposited into the program fee fund created under section 5123.033	86371
of the Revised Code;	86372

(4) Procedures for surveying residential facilities;

86373

(5) Requirements for the training of residential facility	86374
personnel;	86375

(6) Classifications for the various types of residential	86376
facilities;	86377

(7) Certification procedures for licensees and management	86378
contractors that the director determines are necessary to ensure	86379
that they have the skills and qualifications to properly operate	86380
or manage residential facilities;	86381

(8) The maximum number of persons who may be served in a	86382
particular type of residential facility;	86383

(9) Uniform procedures for admission of persons to and	86384
transfers and discharges of persons from residential facilities;	86385

(10) Other standards for the operation of residential	86386
facilities and the services provided at residential facilities;	86387

(11) Procedures for waiving any provision of any rule adopted	86388
under this section.	86389

(I) Before issuing a license, the director of the department	86390
or the director's designee shall conduct a survey of the	86391
residential facility for which application is made. The director	86392
or the director's designee shall conduct a survey of each licensed	86393
residential facility at least once during the period the license	86394
is valid and may conduct additional inspections as needed. A	86395
survey includes but is not limited to an on-site examination and	86396
evaluation of the residential facility, its personnel, and the	86397
services provided there.	86398

In conducting surveys, the director or the director's	86399
designee shall be given access to the residential facility; all	86400
records, accounts, and any other documents related to the	86401
operation of the facility; the licensee; the residents of the	86402
facility; and all persons acting on behalf of, under the control	86403
of, or in connection with the licensee. The licensee and all	86404
persons on behalf of, under the control of, or in connection with	86405
the licensee shall cooperate with the director or the director's	86406
designee in conducting the survey.	86407

Following each survey, unless the director initiates a	86408
license revocation proceeding, the director or the director's	86409
designee shall provide the licensee with a report listing any	86410
deficiencies, specifying a timetable within which the licensee	86411
shall submit a plan of correction describing how the deficiencies	86412
will be corrected, and, when appropriate, specifying a timetable	86413
within which the licensee must correct the deficiencies. After a	86414
plan of correction is submitted, the director or the director's	86415
designee shall approve or disapprove the plan. A copy of the	86416
report and any approved plan of correction shall be provided to	86417
any person who requests it.	86418

The director shall initiate disciplinary action against any	86419
department employee who notifies or causes the notification to any	86420
unauthorized person of an unannounced survey of a residential	86421
facility by an authorized representative of the department.	86422

(J) In addition to any other information which may be	86423
required of applicants for a license pursuant to this section, the	86424
director shall require each applicant to provide a copy of an	86425
approved plan for a proposed residential facility pursuant to	86426
section 5123.042 of the Revised Code. This division does not apply	86427
to renewal of a license or to an applicant for an initial or	86428
modified license who meets the requirements of section 5123.197 of	86429
the Revised Code.	86430

(K) A licensee shall notify the owner of the building in	86431
which the licensee's residential facility is located of any	86432
significant change in the identity of the licensee or management	86433
contractor before the effective date of the change if the licensee	86434
is not the owner of the building.	86435

Pursuant to rules which shall be adopted in accordance with	86436
Chapter 119. of the Revised Code, the director may require	86437
notification to the department of any significant change in the	86438
ownership of a residential facility or in the identity of the	86439
licensee or management contractor. If the director determines that	86440
a significant change of ownership is proposed, the director shall	86441
consider the proposed change to be an application for development	86442
by a new operator pursuant to section 5123.042 of the Revised Code	86443
and shall advise the applicant within sixty days of the	86444
notification that the current license shall continue in effect or	86445
a new license will be required pursuant to this section. If the	86446
director requires a new license, the director shall permit the	86447
facility to continue to operate under the current license until	86448
the new license is issued, unless the current license is revoked,	86449
refused to be renewed, or terminated in accordance with Chapter	86450
119. of the Revised Code.	86451

(L) A county board of developmental disabilities and any	86452
interested person may file complaints alleging violations of	86453
statute or department rule relating to residential facilities with	86454
the department. All complaints shall be in writing and shall state	86455
the facts constituting the basis of the allegation. The department	86456
shall not reveal the source of any complaint unless the	86457
complainant agrees in writing to waive the right to	86458
confidentiality or until so ordered by a court of competent	86459
jurisdiction.	86460

The department shall adopt rules in accordance with Chapter	86461
119. of the Revised Code establishing procedures for the receipt,	86462
referral, investigation, and disposition of complaints filed with	86463
the department under this division.	86464

(M) The department shall establish procedures for the	86465
notification of interested parties of the transfer or interim care	86466
of residents from residential facilities that are closing or are	86467
losing their license.	86468

(N) Before issuing a license under this section to a	86469
residential facility that will accommodate at any time more than	86470
one mentally retarded or developmentally disabled individual, the	86471
director shall, by first class mail, notify the following:	86472

(1) If the facility will be located in a municipal	86473
corporation, the clerk of the legislative authority of the	86474
municipal corporation;	86475

(2) If the facility will be located in unincorporated	86476
territory, the clerk of the appropriate board of county	86477
commissioners and the fiscal officer of the appropriate board of	86478
township trustees.	86479

The director shall not issue the license for ten days after	86480
mailing the notice, excluding Saturdays, Sundays, and legal	86481
holidays, in order to give the notified local officials time in	86482
which to comment on the proposed issuance.	86483

Any legislative authority of a municipal corporation, board	86484
of county commissioners, or board of township trustees that	86485
receives notice under this division of the proposed issuance of a	86486
license for a residential facility may comment on it in writing to	86487
the director within ten days after the director mailed the notice,	86488
excluding Saturdays, Sundays, and legal holidays. If the director	86489
receives written comments from any notified officials within the	86490
specified time, the director shall make written findings	86491
concerning the comments and the director's decision on the	86492
issuance of the license. If the director does not receive written	86493
comments from any notified local officials within the specified	86494
time, the director shall continue the process for issuance of the	86495
license.	86496

(O) Any person may operate a licensed residential facility	86497
that provides room and board, personal care, habilitation	86498
services, and supervision in a family setting for at least six but	86499
not more than eight persons with mental retardation or a	86500
developmental disability as a permitted use in any residential	86501
district or zone, including any single-family residential district	86502
or zone, of any political subdivision. These residential	86503
facilities may be required to comply with area, height, yard, and	86504
architectural compatibility requirements that are uniformly	86505
imposed upon all single-family residences within the district or	86506
zone.	86507

(P) Any person may operate a licensed residential facility	86508
that provides room and board, personal care, habilitation	86509
services, and supervision in a family setting for at least nine	86510
but not more than sixteen persons with mental retardation or a	86511
developmental disability as a permitted use in any multiple-family	86512
residential district or zone of any political subdivision, except	86513
that a political subdivision that has enacted a zoning ordinance	86514
or resolution establishing planned unit development districts may	86515
exclude these residential facilities from those districts, and a	86516
political subdivision that has enacted a zoning ordinance or	86517
resolution may regulate these residential facilities in	86518
multiple-family residential districts or zones as a conditionally	86519
permitted use or special exception, in either case, under	86520
reasonable and specific standards and conditions set out in the	86521
zoning ordinance or resolution to:	86522

(1) Require the architectural design and site layout of the	86523
residential facility and the location, nature, and height of any	86524
walls, screens, and fences to be compatible with adjoining land	86525
uses and the residential character of the neighborhood;	86526

(2) Require compliance with yard, parking, and sign	86527
regulation;	86528

(3) Limit excessive concentration of these residential	86529
facilities.	86530

(Q) This section does not prohibit a political subdivision	86531
from applying to residential facilities nondiscriminatory	86532
regulations requiring compliance with health, fire, and safety	86533
regulations and building standards and regulations.	86534

(R) Divisions (O) and (P) of this section are not applicable	86535
to municipal corporations that had in effect on June 15, 1977, an	86536
ordinance specifically permitting in residential zones licensed	86537
residential facilities by means of permitted uses, conditional	86538
uses, or special exception, so long as such ordinance remains in	86539
effect without any substantive modification.	86540

(S)(1) The director may issue an interim license to operate a	86541
residential facility to an applicant for a license under this	86542
section if either of the following is the case:	86543

(a) The director determines that an emergency exists	86544
requiring immediate placement of persons in a residential	86545
facility, that insufficient licensed beds are available, and that	86546
the residential facility is likely to receive a permanent license	86547
under this section within thirty days after issuance of the	86548
interim license.	86549

(b) The director determines that the issuance of an interim	86550
license is necessary to meet a temporary need for a residential	86551
facility.	86552

(2) To be eligible to receive an interim license, an	86553
applicant must meet the same criteria that must be met to receive	86554
a permanent license under this section, except for any differing	86555
procedures and time frames that may apply to issuance of a	86556
permanent license.	86557

(3) An interim license shall be valid for thirty days and may	86558
be renewed by the director for a period not to exceed one hundred	86559
fifty days.	86560

(4) The director shall adopt rules in accordance with Chapter	86561
119. of the Revised Code as the director considers necessary to	86562
administer the issuance of interim licenses.	86563

(T) Notwithstanding rules adopted pursuant to this section	86564
establishing the maximum number of persons who may be served in a	86565
particular type of residential facility, a residential facility	86566
shall be permitted to serve the same number of persons being	86567
served by the facility on the effective date of the rules or the	86568
number of persons for which the facility is authorized pursuant to	86569
a current application for a certificate of need with a letter of	86570
support from the department of developmental disabilities and	86571
which is in the review process prior to April 4, 1986.	86572

(U) The director or the director's designee may enter at any	86573
time, for purposes of investigation, any home, facility, or other	86574
structure that has been reported to the director or that the	86575
director has reasonable cause to believe is being operated as a	86576
residential facility without a license issued under this section.	86577

The director may petition the court of common pleas of the	86578
county in which an unlicensed residential facility is located for	86579
an order enjoining the person or governmental agency operating the	86580
facility from continuing to operate without a license. The court	86581
may grant the injunction on a showing that the person or	86582
governmental agency named in the petition is operating a	86583
residential facility without a license. The court may grant the	86584
injunction, regardless of whether the residential facility meets	86585
the requirements for receiving a license under this section.	86586

Sec. 5123.192. (A) A person or government agency operating,	86587
on ~~the effective date of this section~~September 10, 2012, an	86588
~~intermediate care facility for the mentally retarded~~ICF/MR	86589
pursuant to a nursing home license issued under Chapter 3721. of	86590
the Revised Code shall do both of the following as a condition of	86591
continuing to operate the ~~facility~~ICF/MR on and after July 1,	86592
2013:	86593

(1) Not later than February 1, 2013, apply to the director of	86594
developmental disabilities for a residential facility license	86595
under section 5123.19 of the Revised Code for the ~~facility~~	86596
ICF/MR;	86597

(2) Not later than July 1, 2013, obtain the residential	86598
facility license for the ~~facility~~ICF/MR.	86599

(B) The nursing home license of an ~~intermediate care facility~~	86600
~~for the mentally retarded~~ICF/MR shall cease to be valid at the	86601
earliest of the following:	86602

(1) The date that the ~~facility's~~ICF/MR's nursing home	86603
license is revoked or voided under section 3721.07 of the Revised	86604
Code;	86605

(2) The date that a residential facility license is obtained	86606
for the ~~facility~~ICF/MR under section 5123.19 of the Revised Code;	86607

(3) July 1, 2013.

86608

(C) Except for existing nursing home beds not certified as	86609
~~intermediate care facility for the mentally retarded~~ICF/MR beds	86610
and relocated in accordance with a move authorized by a	86611
certificate of need under Chapter 3702. of the Revised Code, no	86612
bed that is part of an ~~intermediate care facility for the mentally~~	86613
~~retarded~~ICF/MR that is licensed as a nursing home on ~~the~~	86614
~~effective date of this section~~September 10, 2012, may be used as	86615
part of a nursing home on and after the earlier of the following:	86616

(1) The date that a residential facility license is obtained	86617
for the ~~facility~~ICF/MR under section 5123.19 of the Revised Code;	86618

(2) July 1, 2013.

86619

Sec. 5123.197. Neither an applicant for an initial	86620
residential facility license under section 5123.19 of the Revised	86621
Code nor an applicant for a modification of an existing	86622
residential facility license under that section is required to	86623
obtain approval of a plan for the proposed new residential	86624
facility or modification to the existing residential facility	86625
pursuant to section 5123.042 of the Revised Code if all of the	86626
following apply:	86627

(A) The new residential facility or modification to the	86628
existing residential facility is to serve individuals who have	86629
diagnoses or special care needs for which a medicaid ~~reimbursement~~	86630
payment rate is set pursuant to section ~~5111.258~~5124.153 of the	86631
Revised Code;	86632

(B) The ~~directors of job and family services~~medicaid	86633
director and director of developmental disabilities determine that	86634
there is a need under the medicaid program for the proposed new	86635
residential facility or modification to the existing residential	86636
facility and that approving the application for the initial	86637
residential facility license or modification to the existing	86638
residential facility license is fiscally prudent for the medicaid	86639
program;	86640

(C) The director of budget and management notifies the	86641
~~directors of job and family services~~medicaid director and	86642
director of developmental disabilities that the director of budget	86643
and management agrees with the directors' determination under	86644
division (B) of this section.	86645

Sec. 5123.198. (A) As used in this section, "date of the	86646
commitment" means the date that an individual specified in	86647
division (B) of this section begins to reside in a state-operated	86648
~~intermediate care facility for the mentally retarded~~ICF/MR after	86649
being committed to the ~~facility~~ICF/MR pursuant to sections	86650
5123.71 to 5123.76 of the Revised Code.	86651

(B) Except as provided in division (C) of this section,	86652
whenever a resident of a residential facility is committed to a	86653
state-operated ~~intermediate care facility for the mentally~~	86654
~~retarded~~ICF/MR pursuant to sections 5123.71 to 5123.76 of the	86655
Revised Code, the department of developmental disabilities,	86656
pursuant to an adjudication order issued in accordance with	86657
Chapter 119. of the Revised Code, shall reduce by one the number	86658
of residents for which the residential facility in which the	86659
resident resided is licensed.	86660

(C) The department shall not reduce under division (B) of	86661
this section the number of residents for which a residential	86662
facility is licensed if any of the following are the case:	86663

(1) The resident of the residential facility who is committed	86664
to a state-operated ~~intermediate care facility for the mentally~~	86665
~~retarded~~ICF/MR resided in the residential facility because of the	86666
closure, on or after June 26, 2003, of another state-operated	86667
~~intermediate care facility for the mentally retarded~~ICF/MR;	86668

(2) The residential facility admits within ninety days of the	86669
date of the commitment an individual who resides on the date of	86670
the commitment in a state-operated ~~intermediate care facility for~~	86671
~~the mentally retarded~~ICF/MR or another residential facility;	86672

(3) The department fails to do either of the following within	86673
ninety days of the date of the commitment:	86674

(a) Identify an individual to whom all of the following	86675
applies:	86676

(i) Resides on the date of the commitment in a state-operated	86677
~~intermediate care facility for the mentally retarded~~ICF/MR or	86678
another residential facility;	86679

(ii) Has indicated to the department an interest in	86680
relocating to the residential facility or has a parent or guardian	86681
who has indicated to the department an interest for the individual	86682
to relocate to the residential facility;	86683

(iii) The department determines the individual has needs that	86684
the residential facility can meet.	86685

(b) Provide the residential facility with information about	86686
the individual identified under division (C)(2)(a) of this section	86687
that the residential facility needs in order to determine whether	86688
the facility can meet the individual's needs.	86689

(4) If the department completes the actions specified in	86690
divisions (C)(3)(a) and (b) of this section not later than ninety	86691
days after the date of the commitment and except as provided in	86692
division (D) of this section, the residential facility does all of	86693
the following not later than ninety days after the date of the	86694
commitment:	86695

(a) Evaluates the information provided by the department;

86696

(b) Assesses the identified individual's needs;

86697

(c) Determines that the residential facility cannot meet the	86698
identified individual's needs.	86699

(5) If the department completes the actions specified in	86700
divisions (C)(3)(a) and (b) of this section not later than ninety	86701
days after the date of the commitment and the residential facility	86702
determines that the residential facility can meet the identified	86703
individual's needs, the individual, or a parent or guardian of the	86704
individual, refuses placement in the residential facility.	86705

(D) The department may reduce under division (B) of this	86706
section the number of residents for which a residential facility	86707
is licensed even though the residential facility completes the	86708
actions specified in division (C)(4) of this section not later	86709
than ninety days after the date of the commitment if all of the	86710
following are the case:	86711

(1) The department disagrees with the residential facility's	86712
determination that the residential facility cannot meet the	86713
identified individual's needs.	86714

(2) The department issues a written decision pursuant to the	86715
uniform procedures for admissions, transfers, and discharges	86716
established by rules adopted under division (H)(9) of section	86717
5123.19 of the Revised Code that the residential facility should	86718
admit the identified individual.	86719

(3) After the department issues the written decision	86720
specified in division (D)(2) of this section, the residential	86721
facility refuses to admit the identified individual.	86722

(E) A residential facility that admits, refuses to admit,	86723
transfers, or discharges a resident under this section shall	86724
comply with the uniform procedures for admissions, transfers, and	86725
discharges established by rules adopted under division (H)(9) of	86726
section 5123.19 of the Revised Code.	86727

~~(F) The department of developmental disabilities may notify~~	86728
~~the department of job and family services of any reduction under~~	86729
~~this section in the number of residents for which a residential~~	86730
~~facility that is an intermediate care facility for the mentally~~	86731
~~retarded is licensed. On receiving the notice, the department of~~	86732
~~job and family services may transfer to the department of~~	86733
~~developmental disabilities the savings in the nonfederal share of~~	86734
~~medicaid expenditures for each fiscal year after the year of the~~	86735
~~commitment to be used for costs of the resident's care in the~~	86736
~~state-operated intermediate care facility for the mentally~~	86737
~~retarded. In determining the amount saved, the department of job~~	86738
~~and family services shall consider medicaid payments for the~~	86739
~~remaining residents of the facility in which the resident resided.~~	86740

Sec. 5123.38. (A) Except as provided in division (B) of this	86741
section, if an individual receiving supported living or home and	86742
community-based services funded by a county board of developmental	86743
disabilities is committed to a state-operated ~~intermediate care~~	86744
~~facility for the mentally retarded~~ICF/MR pursuant to sections	86745
5123.71 to 5123.76 of the Revised Code, the county board is	86746
responsible for the nonfederal share of medicaid expenditures for	86747
the individual's care in the state-operated ~~facility~~ICF/MR. The	86748
department of developmental disabilities shall collect the amount	86749
of the nonfederal share from the county board by either	86750
withholding that amount from funds the department has otherwise	86751
allocated to the county board or submitting an invoice for payment	86752
of that amount to the county board.	86753

(B) Division (A) of this section does not apply under any of	86754
the following circumstances:	86755

(1) The county board, not later than ninety days after the	86756
date of the commitment of a person receiving supported living,	86757
commences funding of supported living for an individual who	86758
resides in a state-operated ~~intermediate care facility for the~~	86759
~~mentally retarded~~ICF/MR on the date of the commitment or another	86760
eligible individual designated by the department.	86761

(2) The county board, not later than ninety days after the	86762
date of the commitment of a person receiving home and	86763
community-based services, commences funding of home and	86764
community-based services for an individual who resides in a	86765
state-operated ~~intermediate care facility for the mentally~~	86766
~~retarded~~ICF/MR on the date of the commitment or another eligible	86767
individual designated by the department.	86768

(3) The director of developmental disabilities, after	86769
determining that circumstances warrant granting a waiver in an	86770
individual's case, grants the county board a waiver that exempts	86771
the county board from responsibility for the nonfederal share for	86772
that case.	86773

Sec. 5123.61. (A) As used in this section:

86774

(1) "Law enforcement agency" means the state highway patrol,	86775
the police department of a municipal corporation, or a county	86776
sheriff.	86777

(2) "Abuse" has the same meaning as in section 5123.50 of the	86778
Revised Code, except that it includes a misappropriation, as	86779
defined in that section.	86780

(3) "Neglect" has the same meaning as in section 5123.50 of	86781
the Revised Code.	86782

(B) The department of developmental disabilities shall	86783
establish a registry office for the purpose of maintaining reports	86784
of abuse, neglect, and other major unusual incidents made to the	86785
department under this section and reports received from county	86786
boards of developmental disabilities under section 5126.31 of the	86787
Revised Code. The department shall establish committees to review	86788
reports of abuse, neglect, and other major unusual incidents.	86789

(C)(1) Any person listed in division (C)(2) of this section,	86790
having reason to believe that a person with mental retardation or	86791
a developmental disability has suffered or faces a substantial	86792
risk of suffering any wound, injury, disability, or condition of	86793
such a nature as to reasonably indicate abuse or neglect of that	86794
person, shall immediately report or cause reports to be made of	86795
such information to the entity specified in this division. Except	86796
as provided in section 5120.173 of the Revised Code or as	86797
otherwise provided in this division, the person making the report	86798
shall make it to a law enforcement agency or to the county board	86799
of developmental disabilities. If the report concerns a resident	86800
of a facility operated by the department of developmental	86801
disabilities the report shall be made either to a law enforcement	86802
agency or to the department. If the report concerns any act or	86803
omission of an employee of a county board of developmental	86804
disabilities, the report immediately shall be made to the	86805
department and to the county board.	86806

(2) All of the following persons are required to make a	86807
report under division (C)(1) of this section:	86808

(a) Any physician, including a hospital intern or resident,	86809
any dentist, podiatrist, chiropractor, practitioner of a limited	86810
branch of medicine as specified in section 4731.15 of the Revised	86811
Code, hospital administrator or employee of a hospital, nurse	86812
licensed under Chapter 4723. of the Revised Code, employee of an	86813
ambulatory health facility as defined in section 5101.61 of the	86814
Revised Code, employee of a home health agency, employee of a	86815
residential facility licensed under section ~~5119.22~~5119.34 of the	86816
Revised Code that provides accommodations, supervision, and person	86817
care services for three to sixteen unrelated adults, or employee	86818
of a community mental health facility;	86819

(b) Any school teacher or school authority, social worker,	86820
psychologist, attorney, peace officer, coroner, or residents'	86821
rights advocate as defined in section 3721.10 of the Revised Code;	86822

(c) A superintendent, board member, or employee of a county	86823
board of developmental disabilities; an administrator, board	86824
member, or employee of a residential facility licensed under	86825
section 5123.19 of the Revised Code; an administrator, board	86826
member, or employee of any other public or private provider of	86827
services to a person with mental retardation or a developmental	86828
disability, or any MR/DD employee, as defined in section 5123.50	86829
of the Revised Code;	86830

(d) A member of a citizen's advisory council established at	86831
an institution or branch institution of the department of	86832
developmental disabilities under section 5123.092 of the Revised	86833
Code;	86834

(e) A member of the clergy who is employed in a position that	86835
includes providing specialized services to an individual with	86836
mental retardation or another developmental disability, while	86837
acting in an official or professional capacity in that position,	86838
or a person who is employed in a position that includes providing	86839
specialized services to an individual with mental retardation or	86840
another developmental disability and who, while acting in an	86841
official or professional capacity, renders spiritual treatment	86842
through prayer in accordance with the tenets of an organized	86843
religion.	86844

(3)(a) The reporting requirements of this division do not	86845
apply to employees of the Ohio protection and advocacy system.	86846

(b) An attorney or physician is not required to make a report	86847
pursuant to division (C)(1) of this section concerning any	86848
communication the attorney or physician receives from a client or	86849
patient in an attorney-client or physician-patient relationship,	86850
if, in accordance with division (A) or (B) of section 2317.02 of	86851
the Revised Code, the attorney or physician could not testify with	86852
respect to that communication in a civil or criminal proceeding,	86853
except that the client or patient is deemed to have waived any	86854
testimonial privilege under division (A) or (B) of section 2317.02	86855
of the Revised Code with respect to that communication and the	86856
attorney or physician shall make a report pursuant to division	86857
(C)(1) of this section, if both of the following apply:	86858

(i) The client or patient, at the time of the communication,	86859
is a person with mental retardation or a developmental disability.	86860

(ii) The attorney or physician knows or suspects, as a result	86861
of the communication or any observations made during that	86862
communication, that the client or patient has suffered or faces a	86863
substantial risk of suffering any wound, injury, disability, or	86864
condition of a nature that reasonably indicates abuse or neglect	86865
of the client or patient.	86866

(4) Any person who fails to make a report required under	86867
division (C) of this section and who is an MR/DD employee, as	86868
defined in section 5123.50 of the Revised Code, shall be eligible	86869
to be included in the registry regarding misappropriation, abuse,	86870
neglect, or other specified misconduct by MR/DD employees	86871
established under section 5123.52 of the Revised Code.	86872

(D) The reports required under division (C) of this section	86873
shall be made forthwith by telephone or in person and shall be	86874
followed by a written report. The reports shall contain the	86875
following:	86876

(1) The names and addresses of the person with mental	86877
retardation or a developmental disability and the person's	86878
custodian, if known;	86879

(2) The age of the person with mental retardation or a	86880
developmental disability;	86881

(3) Any other information that would assist in the	86882
investigation of the report.	86883

(E) When a physician performing services as a member of the	86884
staff of a hospital or similar institution has reason to believe	86885
that a person with mental retardation or a developmental	86886
disability has suffered injury, abuse, or physical neglect, the	86887
physician shall notify the person in charge of the institution or	86888
that person's designated delegate, who shall make the necessary	86889
reports.	86890

(F) Any person having reasonable cause to believe that a	86891
person with mental retardation or a developmental disability has	86892
suffered or faces a substantial risk of suffering abuse or neglect	86893
may report or cause a report to be made of that belief to the	86894
entity specified in this division. Except as provided in section	86895
5120.173 of the Revised Code or as otherwise provided in this	86896
division, the person making the report shall make it to a law	86897
enforcement agency or the county board of developmental	86898
disabilities. If the person is a resident of a facility operated	86899
by the department of developmental disabilities, the report shall	86900
be made to a law enforcement agency or to the department. If the	86901
report concerns any act or omission of an employee of a county	86902
board of developmental disabilities, the report immediately shall	86903
be made to the department and to the county board.	86904

(G)(1) Upon the receipt of a report concerning the possible	86905
abuse or neglect of a person with mental retardation or a	86906
developmental disability, the law enforcement agency shall inform	86907
the county board of developmental disabilities or, if the person	86908
is a resident of a facility operated by the department of	86909
developmental disabilities, the director of the department or the	86910
director's designee.	86911

(2) On receipt of a report under this section that includes	86912
an allegation of action or inaction that may constitute a crime	86913
under federal law or the law of this state, the department of	86914
developmental disabilities shall notify the law enforcement	86915
agency.	86916

(3) When a county board of developmental disabilities	86917
receives a report under this section that includes an allegation	86918
of action or inaction that may constitute a crime under federal	86919
law or the law of this state, the superintendent of the board or	86920
an individual the superintendent designates under division (H) of	86921
this section shall notify the law enforcement agency. The	86922
superintendent or individual shall notify the department of	86923
developmental disabilities when it receives any report under this	86924
section.	86925

(4) When a county board of developmental disabilities	86926
receives a report under this section and believes that the degree	86927
of risk to the person is such that the report is an emergency, the	86928
superintendent of the board or an employee of the board the	86929
superintendent designates shall attempt a face-to-face contact	86930
with the person with mental retardation or a developmental	86931
disability who allegedly is the victim within one hour of the	86932
board's receipt of the report.	86933

(H) The superintendent of the board may designate an	86934
individual to be responsible for notifying the law enforcement	86935
agency and the department when the county board receives a report	86936
under this section.	86937

(I) An adult with mental retardation or a developmental	86938
disability about whom a report is made may be removed from the	86939
adult's place of residence only by law enforcement officers who	86940
consider that the adult's immediate removal is essential to	86941
protect the adult from further injury or abuse or in accordance	86942
with the order of a court made pursuant to section 5126.33 of the	86943
Revised Code.	86944

(J) A law enforcement agency shall investigate each report of	86945
abuse or neglect it receives under this section. In addition, the	86946
department, in cooperation with law enforcement officials, shall	86947
investigate each report regarding a resident of a facility	86948
operated by the department to determine the circumstances	86949
surrounding the injury, the cause of the injury, and the person	86950
responsible. The investigation shall be in accordance with the	86951
memorandum of understanding prepared under section 5126.058 of the	86952
Revised Code. The department shall determine, with the registry	86953
office which shall be maintained by the department, whether prior	86954
reports have been made concerning an adult with mental retardation	86955
or a developmental disability or other principals in the case. If	86956
the department finds that the report involves action or inaction	86957
that may constitute a crime under federal law or the law of this	86958
state, it shall submit a report of its investigation, in writing,	86959
to the law enforcement agency. If the person with mental	86960
retardation or a developmental disability is an adult, with the	86961
consent of the adult, the department shall provide such protective	86962
services as are necessary to protect the adult. The law	86963
enforcement agency shall make a written report of its findings to	86964
the department.	86965

If the person is an adult and is not a resident of a facility	86966
operated by the department, the county board of developmental	86967
disabilities shall review the report of abuse or neglect in	86968
accordance with sections 5126.30 to 5126.33 of the Revised Code	86969
and the law enforcement agency shall make the written report of	86970
its findings to the county board.	86971

(K) Any person or any hospital, institution, school, health	86972
department, or agency participating in the making of reports	86973
pursuant to this section, any person participating as a witness in	86974
an administrative or judicial proceeding resulting from the	86975
reports, or any person or governmental entity that discharges	86976
responsibilities under sections 5126.31 to 5126.33 of the Revised	86977
Code shall be immune from any civil or criminal liability that	86978
might otherwise be incurred or imposed as a result of such actions	86979
except liability for perjury, unless the person or governmental	86980
entity has acted in bad faith or with malicious purpose.	86981

(L) No employer or any person with the authority to do so	86982
shall discharge, demote, transfer, prepare a negative work	86983
performance evaluation, reduce pay or benefits, terminate work	86984
privileges, or take any other action detrimental to an employee or	86985
retaliate against an employee as a result of the employee's having	86986
made a report under this section. This division does not preclude	86987
an employer or person with authority from taking action with	86988
regard to an employee who has made a report under this section if	86989
there is another reasonable basis for the action.	86990

(M) Reports made under this section are not public records as	86991
defined in section 149.43 of the Revised Code. Information	86992
contained in the reports on request shall be made available to the	86993
person who is the subject of the report, to the person's legal	86994
counsel, and to agencies authorized to receive information in the	86995
report by the department or by a county board of developmental	86996
disabilities.	86997

(N) Notwithstanding section 4731.22 of the Revised Code, the	86998
physician-patient privilege shall not be a ground for excluding	86999
evidence regarding the injuries or physical neglect of a person	87000
with mental retardation or a developmental disability or the cause	87001
thereof in any judicial proceeding resulting from a report	87002
submitted pursuant to this section.	87003

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	87004
(E), and (F) of this section, the chief medical officer shall	87005
provide all information, including expected physical and medical	87006
consequences, necessary to enable any resident of an institution	87007
for the mentally retarded to give a fully informed, intelligent,	87008
and knowing consent if any of the following procedures are	87009
proposed:	87010

(1) Surgery;

87011

(2) Convulsive therapy;

87012

(3) Major aversive interventions;

87013

(4) Sterilization;

87014

(5) Experimental procedures;

87015

(6) Any unusual or hazardous treatment procedures.

87016

(B) No resident shall be subjected to any of the procedures	87017
listed in division (A)(4), (5), or (6) of this section without the	87018
resident's informed consent.	87019

(C) If a resident is physically or mentally unable to receive	87020
the information required for surgery under division (A)(1) of this	87021
section, or has been adjudicated incompetent, the information may	87022
be provided to the resident's natural or court-appointed guardian,	87023
including an agency providing guardianship services under contract	87024
with the department of developmental disabilities under sections	87025
5123.55 to 5123.59 of the Revised Code, who may give the informed,	87026
intelligent, and knowing written consent for surgery. Consent for	87027
surgery shall not be provided by a guardian who is an officer or	87028
employee of the department of ~~mental health~~mental health and	87029
addiction services or the department of developmental	87030
disabilities.	87031

If a resident is physically or mentally unable to receive the	87032
information required for surgery under division (A)(1) of this	87033
section and has no guardian, then the information, the	87034
recommendation of the chief medical officer, and the concurring	87035
judgment of a licensed physician who is not a full-time employee	87036
of the state may be provided to the court in the county in which	87037
the institution is located, which may approve the surgery. Before	87038
approving the surgery, the court shall notify the Ohio protection	87039
and advocacy system created by section 5123.60 of the Revised	87040
Code, and shall notify the resident of the resident's rights to	87041
consult with counsel, to have counsel appointed by the court if	87042
the resident is indigent, and to contest the recommendation of the	87043
chief medical officer.	87044

(D) If, in the judgment of two licensed physicians, delay in	87045
obtaining consent for surgery would create a grave danger to the	87046
health of a resident, emergency surgery may be performed without	87047
the consent of the resident if the necessary information is	87048
provided to the resident's guardian, including an agency providing	87049
guardianship services under contract with the department of	87050
developmental disabilities under sections 5123.55 to 5123.59 of	87051
the Revised Code, or to the resident's spouse or next of kin to	87052
enable that person or agency to give an informed, intelligent, and	87053
knowing written consent.	87054

If the guardian, spouse, or next of kin cannot be contacted	87055
through exercise of reasonable diligence, or if the guardian,	87056
spouse, or next of kin is contacted, but refuses to consent, then	87057
the emergency surgery may be performed upon the written	87058
authorization of the chief medical officer and after court	87059
approval has been obtained. However, if delay in obtaining court	87060
approval would create a grave danger to the life of the resident,	87061
the chief medical officer may authorize surgery, in writing,	87062
without court approval. If the surgery is authorized without court	87063
approval, the chief medical officer who made the authorization and	87064
the physician who performed the surgery shall each execute an	87065
affidavit describing the circumstances constituting the emergency	87066
and warranting the surgery and the circumstances warranting their	87067
not obtaining prior court approval. The affidavit shall be filed	87068
with the court with which the request for prior approval would	87069
have been filed within five court days after the surgery, and a	87070
copy of the affidavit shall be placed in the resident's file and	87071
shall be given to the guardian, spouse, or next of kin of the	87072
resident, to the hospital at which the surgery was performed, and	87073
to the Ohio protection and advocacy system created by section	87074
5123.60 of the Revised Code.	87075

(E)(1) If it is the judgment of two licensed physicians, as	87076
described in division (E)(2) of this section, that a medical	87077
emergency exists and delay in obtaining convulsive therapy creates	87078
a grave danger to the life of a resident who is both mentally	87079
retarded and mentally ill, convulsive therapy may be administered	87080
without the consent of the resident if the resident is physically	87081
or mentally unable to receive the information required for	87082
convulsive therapy and if the necessary information is provided to	87083
the resident's natural or court-appointed guardian, including an	87084
agency providing guardianship services under contract with the	87085
department of developmental disabilities under sections 5123.55 to	87086
5123.59 of the Revised Code, or to the resident's spouse or next	87087
of kin to enable that person or agency to give an informed,	87088
intelligent, and knowing written consent. If neither the	87089
resident's guardian, spouse, nor next of kin can be contacted	87090
through exercise of reasonable diligence, or if the guardian,	87091
spouse, or next of kin is contacted, but refuses to consent, then	87092
convulsive therapy may be performed upon the written authorization	87093
of the chief medical officer and after court approval has been	87094
obtained.	87095

(2) The two licensed physicians referred to in division	87096
(E)(1) of this section shall not be associated with each other in	87097
the practice of medicine or surgery by means of a partnership or	87098
corporate arrangement, other business arrangement, or employment.	87099
At least one of the physicians shall be a psychiatrist as defined	87100
in division (E) of section 5122.01 of the Revised Code.	87101

(F) Major aversive interventions shall not be used unless a	87102
resident continues to engage in behavior destructive to self or	87103
others after other forms of therapy have been attempted. Major	87104
aversive interventions shall not be applied to a voluntary	87105
resident without the informed, intelligent, and knowing written	87106
consent of the resident or the resident's guardian, including an	87107
agency providing guardianship services under contract with the	87108
department of developmental disabilities under sections 5123.55 to	87109
5123.59 of the Revised Code.	87110

(G)(1) This chapter does not authorize any form of compulsory	87111
medical or psychiatric treatment of any resident who is being	87112
treated by spiritual means through prayer alone in accordance with	87113
a recognized religious method of healing.	87114

(2) For purposes of this section, "convulsive therapy" does	87115
not include defibrillation.	87116

Sec. 5124.01. As used in this chapter:

87117

(A) "Affiliated operator" means an operator affiliated with	87118
either of the following:	87119

(1) The exiting operator for whom the affiliated operator is	87120
to assume liability for the entire amount of the exiting	87121
operator's debt under the medicaid program or the portion of the	87122
debt that represents the franchise permit fee the exiting operator	87123
owes;	87124

(2) The entering operator involved in the change of operator	87125
with the exiting operator specified in division (A)(1) of this	87126
section.	87127

(B) "Allowable costs" means an ICF/MR's costs that the	87128
department of developmental disabilities determines are	87129
reasonable. Fines paid under section 5124.99 of the Revised Code	87130
are not allowable costs.	87131

(C) "Capital costs" means an ICF/MR's costs of ownership and	87132
costs of nonextensive renovation.	87133

(D) "Case-mix score" means the measure determined under	87134
section 5124.192 of the Revised Code of the relative direct-care	87135
resources needed to provide care and habilitation to an ICF/MR	87136
resident.	87137

(E) "Change of operator" means an entering operator becoming	87138
the operator of an ICF/MR in the place of the exiting operator.	87139

(1) Actions that constitute a change of operator include the	87140
following:	87141

(a) A change in an exiting operator's form of legal	87142
organization, including the formation of a partnership or	87143
corporation from a sole proprietorship;	87144

(b) A transfer of all the exiting operator's ownership	87145
interest in the operation of the ICF/MR to the entering operator,	87146
regardless of whether ownership of any or all of the real property	87147
or personal property associated with the ICF/MR is also	87148
transferred;	87149

(c) A lease of the ICF/MR to the entering operator or the	87150
exiting operator's termination of the exiting operator's lease;	87151

(d) If the exiting operator is a partnership, dissolution of	87152
the partnership;	87153

(e) If the exiting operator is a partnership, a change in	87154
composition of the partnership unless both of the following apply:	87155

(i) The change in composition does not cause the	87156
partnership's dissolution under state law.	87157

(ii) The partners agree that the change in composition does	87158
not constitute a change in operator.	87159

(f) If the operator is a corporation, dissolution of the	87160
corporation, a merger of the corporation into another corporation	87161
that is the survivor of the merger, or a consolidation of one or	87162
more other corporations to form a new corporation.	87163

(2) The following, alone, do not constitute a change of	87164
operator:	87165

(a) A contract for an entity to manage an ICF/MR as the	87166
operator's agent, subject to the operator's approval of daily	87167
operating and management decisions;	87168

(b) A change of ownership, lease, or termination of a lease	87169
of real property or personal property associated with an ICF/MR if	87170
an entering operator does not become the operator in place of an	87171
exiting operator;	87172

(c) If the operator is a corporation, a change of one or more	87173
members of the corporation's governing body or transfer of	87174
ownership of one or more shares of the corporation's stock, if the	87175
same corporation continues to be the operator.	87176

(F) "Cost center" means the following:

87177

(1) Capital costs;

87178

(2) Direct care costs;

87179

(3) Indirect care costs;

87180

(4) Other protected costs.

87181

(G) "Costs of nonextensive renovations" means the actual	87182
expense incurred by an ICF/MR for depreciation or amortization and	87183
interest on renovations that are not extensive renovations.	87184

(H)(1) "Costs of ownership" means the actual expenses	87185
incurred by an ICF/MR for all of the following:	87186

(a) Subject to division (H)(2) of this section, depreciation	87187
and interest on any capital assets that cost five hundred dollars	87188
or more per item, including the following:	87189

(i) Buildings;

87190

(ii) Building improvements that are not approved as	87191
nonextensive renovations under section 5124.17 of the Revised	87192
Code;	87193

(iii) Equipment;

87194

(iv) Extensive renovations;

87195

(v) Transportation equipment.

87196

(b) Amortization and interest on land improvements and	87197
leasehold improvements;	87198

87199

(d) Except as provided in division (Z) of this section, lease	87200
and rent of land, building, and equipment.	87201

(2) The costs of capital assets of less than five hundred	87202
dollars per item may be considered costs of ownership in	87203
accordance with an ICF/MR provider's practice.	87204

(I)(1) "Date of licensure" means the following:

87205

(a) In the case of an ICF/MR that was originally licensed as	87206
a nursing home under Chapter 3721. of the Revised Code, the date	87207
that it was originally so licensed, regardless that it was	87208
subsequently licensed as a residential facility under section	87209
5123.19 of the Revised Code;	87210

(b) In the case of an ICF/MR that was originally licensed as	87211
a residential facility under section 5123.19 of the Revised Code,	87212
the date it was originally so licensed;	87213

(c) In the case of an ICF/MR that was not required by law to	87214
be licensed as a nursing home or residential facility when it was	87215
originally operated as a residential facility, the date it first	87216
was operated as a residential facility, regardless of the date the	87217
ICF/MR was first licensed as a nursing home or residential	87218
facility.	87219

(2) If, after an ICF/MR's original date of licensure, more	87220
residential facility beds are added to the ICF/MR or all or part	87221
of the ICF/MR undergoes an extensive renovation, the ICF/MR has a	87222
different date of licensure for the additional beds or extensively	87223
renovated portion of the ICF/MR. This does not apply, however, to	87224
additional beds when both of the following apply:	87225

(a) The additional beds are located in a part of the ICF/MR	87226
that was constructed at the same time as the continuing beds	87227
already located in that part of the ICF/MR;	87228

(b) The part of the ICF/MR in which the additional beds are	87229
located was constructed as part of the ICF/MR at a time when the	87230
ICF/MR was not required by law to be licensed as a nursing home or	87231
residential facility.	87232

(3) The definition of "date of licensure" in this section	87233
applies in determinations of ICFs/MR's medicaid payment rates but	87234
does not apply in determinations of ICFs/MR's franchise permit	87235
fees under sections 5168.60 to 5168.71 of the Revised Code.	87236

(J) "Desk-reviewed" means that an ICF/MR's costs as reported	87237
on a cost report filed under section 5124.10 or 5124.101 of the	87238
Revised Code have been subjected to a desk review under section	87239
5124.108 of the Revised Code and preliminarily determined to be	87240
allowable costs.	87241

(K) "Developmental center" means a residential facility that	87242
is maintained and operated by the department of developmental	87243
disabilities.	87244

(L) "Direct care costs" means all of the following costs	87245
incurred by an ICF/MR:	87246

(1) Costs for registered nurses, licensed practical nurses,	87247
and nurse aides employed by the ICF/MR;	87248

(2) Costs for direct care staff, administrative nursing	87249
staff, medical directors, respiratory therapists, physical	87250
therapists, physical therapy assistants, occupational therapists,	87251
occupational therapy assistants, speech therapists, audiologists,	87252
habilitation staff (including habilitation supervisors), qualified	87253
intellectual disability professionals, program directors, social	87254
services staff, activities staff, off-site day programming,	87255
psychologists, psychology assistants, social workers, counselors,	87256
and other persons holding degrees qualifying them to provide	87257
therapy;	87258

(3) Costs of purchased nursing services;

87259

(4) Costs of training and staff development, employee	87260
benefits, payroll taxes, and workers' compensation premiums or	87261
costs for self-insurance claims and related costs as specified in	87262
rules adopted under section 5124.03 of the Revised Code, for	87263
personnel listed in divisions (L)(1), (2), and (3) of this	87264
section;	87265

(5) Costs of quality assurance;

87266

(6) Costs of consulting and management fees related to direct	87267
care;	87268

(7) Allocated direct care home office costs;

87269

(8) Costs of other direct-care resources that are specified	87270
as direct care costs in rules adopted under section 5124.03 of the	87271
Revised Code.	87272

(M) "Downsized ICF/MR" means an ICF/MR that permanently	87273
reduced its medicaid-certified capacity pursuant to a plan	87274
approved by the department of developmental disabilities under	87275
section 5123.042 of the Revised Code.	87276

(N) "Effective date of a change of operator" means the day	87277
the entering operator becomes the operator of the ICF/MR.	87278

(O) "Effective date of a facility closure" means the last day	87279
that the last of the residents of the ICF/MR resides in the	87280
ICF/MR.	87281

(P) "Effective date of an involuntary termination" means the	87282
date the department of medicaid terminates the operator's provider	87283
agreement for the ICF/MR or the last day that such a provider	87284
agreement is in effect when the department cancels or refuses to	87285
revalidate it.	87286

(Q) "Effective date of a voluntary termination" means the day	87287
the ICF/MR ceases to accept medicaid recipients.	87288

(R) "Entering operator" means the person or government entity	87289
that will become the operator of an ICF/MR when a change of	87290
operator occurs or following an involuntary termination.	87291

(S) "Exiting operator" means any of the following:

87292

(1) An operator that will cease to be the operator of an	87293
ICF/MR on the effective date of a change of operator;	87294

(2) An operator that will cease to be the operator of an	87295
ICF/MR on the effective date of a facility closure;	87296

(3) An operator of an ICF/MR that is undergoing or has	87297
undergone a voluntary termination;	87298

(4) An operator of an ICF/MR that is undergoing or has	87299
undergone an involuntary termination.	87300

(T)(1) "Extensive renovation" means the following:

87301

(a) An ICF/MR's betterment, improvement, or restoration to	87302
which both of the following apply:	87303

(i) It was started before July 1, 1993;

87304

(ii) It meets the definition of "extensive renovation"	87305
established in rules that were adopted by the director of job and	87306
family services and in effect on December 22, 1992.	87307

(b) An ICF/MR's betterment, improvement, or restoration to	87308
which all of the following apply:	87309

(i) It was started on or after July 1, 1993;

87310

(ii) Except as provided in division (T)(2) of this section,	87311
it costs more than sixty-five per cent and not more than	87312
eighty-five per cent of the cost of constructing a new bed;	87313

(iii) It extends the useful life of the assets for at least	87314
ten years.	87315

(2) The department of developmental disabilities may treat a	87316
renovation that costs more than eighty-five per cent of the cost	87317
of constructing new beds as an extensive renovation if the	87318
department determines that the renovation is more prudent than	87319
construction of new beds.	87320

(3) For the purpose of division (T)(1)(b)(ii) of this	87321
section, the cost of constructing a new bed shall be considered to	87322
be forty thousand dollars, adjusted for the estimated rate of	87323
inflation from January 1, 1993, to the end of the calendar year	87324
during which the extensive renovation is completed, using the	87325
consumer price index for shelter costs for all urban consumers for	87326
the north central region, as published by the United States bureau	87327
of labor statistics.	87328

(U)(1) Subject to divisions (U)(2) and (3) of this section,	87329
"facility closure" means either of the following:	87330

(a) Discontinuance of the use of the building, or part of the	87331
building, that houses the facility as an ICF/MR that results in	87332
the relocation of all of the facility's residents;	87333

(b) Conversion of the building, or part of the building, that	87334
houses an ICF/MR to a different use with any necessary license or	87335
other approval needed for that use being obtained and one or more	87336
of the facility's residents remaining in the facility to receive	87337
services under the new use.	87338

(2) A facility closure occurs regardless of any of the	87339
following:	87340

(a) The operator completely or partially replacing the ICF/MR	87341
by constructing a new ICF/MR or transferring the ICF/MR's license	87342
to another ICF/MR;	87343

(b) The ICF/MR's residents relocating to another of the	87344
operator's ICFs/MR;	87345

(c) Any action the department of health takes regarding the	87346
ICF/MR's medicaid certification that may result in the transfer of	87347
part of the ICF/MR's survey findings to another of the operator's	87348
ICFs/MR;	87349

(d) Any action the department of developmental disabilities	87350
takes regarding the ICF/MR's license under section 5123.19 of the	87351
Revised Code.	87352

(3) A facility closure does not occur if all of the ICF/MR's	87353
residents are relocated due to an emergency evacuation and one or	87354
more of the residents return to a medicaid-certified bed in the	87355
ICF/MR not later than thirty days after the evacuation occurs.	87356

(V) "Fiscal year" means the fiscal year of this state, as	87357
specified in section 9.34 of the Revised Code.	87358

(W) "Franchise permit fee" means the fee imposed by sections	87359
5168.60 to 5168.71 of the Revised Code.	87360

(X) "Home and community-based services" has the same meaning	87361
as in section 5123.01 of the Revised Code.	87362

(Y) "ICF/MR services" means ICF/IID services as defined in 42	87363
C.F.R. 440.150.	87364

(Z)(1) "Indirect care costs" means all reasonable costs	87365
incurred by an ICF/MR other than capital costs, direct care costs,	87366
and other protected costs. "Indirect care costs" includes costs of	87367
habilitation supplies, pharmacy consultants, medical and	87368
habilitation records, program supplies, incontinence supplies,	87369
food, enterals, dietary supplies and personnel, laundry,	87370
housekeeping, security, administration, liability insurance,	87371
bookkeeping, purchasing department, human resources,	87372
communications, travel, dues, license fees, subscriptions, home	87373
office costs not otherwise allocated, legal services, accounting	87374
services, minor equipment, maintenance and repair expenses,	87375
help-wanted advertising, informational advertising, start-up	87376
costs, organizational expenses, other interest, property	87377
insurance, employee training and staff development, employee	87378
benefits, payroll taxes, and workers' compensation premiums or	87379
costs for self-insurance claims and related costs, as specified in	87380
rules adopted under section 5124.03of the Revised Code, for	87381
personnel listed in this division. Notwithstanding division (H) of	87382
this section, "indirect care costs" also means the cost of	87383
equipment, including vehicles, acquired by operating lease	87384
executed before December 1, 1992, if the costs are reported as	87385
administrative and general costs on the ICF/MR's cost report for	87386
the cost reporting period ending December 31, 1992.	87387

(2) For the purpose of division (Z)(1) of this section, an	87388
operating lease shall be construed in accordance with generally	87389
accepted accounting principles.	87390

(AA) "Inpatient days" means both of the following:

87391

(1) All days during which a resident, regardless of payment	87392
source, occupies a bed in an ICF/MR that is included in the	87393
ICF/MR's medicaid-certified capacity;	87394

(2) All days for which payment is made under section 5124.34	87395
of the Revised Code.	87396

(BB) "Intermediate care facility for the mentally retarded"	87397
and "ICF/MR" mean an intermediate care facility for the mentally	87398
retarded as defined in the "Social Security Act," section 1905(d),	87399
42 U.S.C. 1396d(d).	87400

(CC) "Involuntary termination" means the department of	87401
medicaid's termination of, cancellation of, or refusal to	87402
revalidate the operator's provider agreement for the ICF/MR when	87403
such action is not taken at the operator's request.	87404

(DD) "Low resource utilization resident" means a medicaid	87405
recipient residing in an ICF/MR who is placed in the typical	87406
adaptive needs and nonsignificant behaviors classification	87407
pursuant to the resident assessment instrument and grouper	87408
methodology established in rules authorized by sections 5124.191	87409
and 5124.192 of the Revised Code.	87410

(EE) "Maintenance and repair expenses" means, except as	87411
provided in division (UU)(2)(b) of this section, expenditures that	87412
are necessary and proper to maintain an asset in a normally	87413
efficient working condition and that do not extend the useful life	87414
of the asset two years or more. "Maintenance and repair expenses"	87415
includes the costs of ordinary repairs such as painting and	87416
wallpapering.	87417

(FF) "Medicaid-certified capacity" means the number of an	87418
ICF/MR's beds that are certified for participation in medicaid as	87419
ICF/IID beds.	87420

(GG) "Medicaid days" means both of the following:

87421

(1) All days during which a resident who is a medicaid	87422
recipient eligible for ICF/MR services occupies a bed in an ICF/MR	87423
that is included in the ICF/MR's medicaid-certified capacity;	87424

(2) All days for which payment is made under section 5124.34	87425
of the Revised Code.	87426

(HH)(1) "New ICF/MR" means an ICF/MR for which the provider	87427
obtains an initial provider agreement following the director of	87428
health's medicaid certification of the ICF/MR, including such an	87429
ICF/MR that replaces one or more ICFs/MR for which a provider	87430
previously held a provider agreement.	87431

(2) "New ICF/MR" does not mean either of the following:

87432

(a) An ICF/MR for which the entering operator seeks a	87433
provider agreement pursuant to section 5124.511 or 5124.512 or	87434
(pursuant to section 5124.515) section 5124.07 of the Revised	87435
Code;	87436

(b) A downsized ICF/MR or partially converted ICF/MR.

87437

(II) "Nursing home" has the same meaning as in section	87438
3721.01 of the Revised Code.	87439

(JJ) "Operator" means the person or government entity	87440
responsible for the daily operating and management decisions for	87441
an ICF/MR.	87442

(KK) "Other protected costs" means costs incurred by an	87443
ICF/MR for medical supplies; real estate, franchise, and property	87444
taxes; natural gas, fuel oil, water, electricity, sewage, and	87445
refuse and hazardous medical waste collection; allocated other	87446
protected home office costs; and any additional costs defined as	87447
other protected costs in rules adopted under section 5124.03 of	87448
the Revised Code.	87449

(LL)(1) "Owner" means any person or government entity that	87450
has at least five per cent ownership or interest, either directly,	87451
indirectly, or in any combination, in any of the following	87452
regarding an ICF/MR:	87453

(a) The land on which the ICF/MR is located;

87454

(b) The structure in which the ICF/MR is located;

87455

(c) Any mortgage, contract for deed, or other obligation	87456
secured in whole or in part by the land or structure on or in	87457
which the ICF/MR is located;	87458

(d) Any lease or sublease of the land or structure on or in	87459
which the ICF/MR is located.	87460

(2) "Owner" does not mean a holder of a debenture or bond	87461
related to an ICF/MR and purchased at public issue or a regulated	87462
lender that has made a loan related to the ICF/MR unless the	87463
holder or lender operates the ICF/MR directly or through a	87464
subsidiary.	87465

(MM) "Partially converted ICF/MR" means an ICF/MR that	87466
converted some, but not all, of its beds to providing home and	87467
community-based services under the individual options waiver	87468
pursuant to section 5124.60 of the Revised Code.	87469

(NN)(1) Except as provided in divisions (NN)(2) and (3) of	87470
this section, "per diem" means an ICF/MR's desk-reviewed, actual,	87471
allowable costs in a given cost center in a cost reporting period,	87472
divided by the facility's inpatient days for that cost reporting	87473
period.	87474

(2) When determining capital costs for the purpose of section	87475
5124.17 of the Revised Code, "per diem" means an ICF/MR's actual,	87476
allowable capital costs in a cost-reporting period divided by the	87477
greater of the facility's inpatient days for that period or the	87478
number of inpatient days the ICF/MR would have had during that	87479
period if its occupancy rate had been ninety-five per cent.	87480

(3) When determining indirect care costs for the purpose of	87481
section 5124.21 of the Revised Code, "per diem" means an ICF/MR's	87482
actual, allowable indirect care costs in a cost-reporting period	87483
divided by the greater of the ICF/MR's inpatient days for that	87484
period or the number of inpatient days the ICF/MR would have had	87485
during that period if its occupancy rate had been eighty-five per	87486
cent.	87487

(OO) "Provider" means an operator with a valid provider	87488
agreement.	87489

(PP) "Provider agreement" means a provider agreement, as	87490
defined in section 5164.01 of the Revised Code, that is between	87491
the department of medicaid and the operator of an ICF/MR for the	87492
provision of ICF/MR services under the medicaid program.	87493

(QQ) "Purchased nursing services" means services that are	87494
provided in an ICF/MR by registered nurses, licensed practical	87495
nurses, or nurse aides who are not employees of the ICF/MR.	87496

(RR) "Reasonable" means that a cost is an actual cost that is	87497
appropriate and helpful to develop and maintain the operation of	87498
resident care facilities and activities, including normal standby	87499
costs, and that does not exceed what a prudent buyer pays for a	87500
given item or services. Reasonable costs may vary from provider to	87501
provider and from time to time for the same provider.	87502

(SS) "Related party" means an individual or organization	87503
that, to a significant extent, has common ownership with, is	87504
associated or affiliated with, has control of, or is controlled	87505
by, a provider.	87506

(1) An individual who is a relative of an owner is a related	87507
party.	87508

(2) Common ownership exists when an individual or individuals	87509
possess significant ownership or equity in both the provider and	87510
the other organization. Significant ownership or equity exists	87511
when an individual or individuals possess five per cent ownership	87512
or equity in both the provider and a supplier. Significant	87513
ownership or equity is presumed to exist when an individual or	87514
individuals possess ten per cent ownership or equity in both the	87515
provider and another organization from which the provider	87516
purchases or leases real property.	87517

(3) Control exists when an individual or organization has the	87518
power, directly or indirectly, to significantly influence or	87519
direct the actions or policies of an organization.	87520

(4) An individual or organization that supplies goods or	87521
services to a provider shall not be considered a related party if	87522
all of the following conditions are met:	87523

(a) The supplier is a separate bona fide organization.

87524

(b) A substantial part of the supplier's business activity of	87525
the type carried on with the provider is transacted with others	87526
than the provider and there is an open, competitive market for the	87527
types of goods or services the supplier furnishes.	87528

(c) The types of goods or services are commonly obtained by	87529
other ICFs/MR from outside organizations and are not a basic	87530
element of resident care ordinarily furnished directly to	87531
residents by the ICFs/MR.	87532

(d) The charge to the provider is in line with the charge for	87533
the goods or services in the open market and no more than the	87534
charge made under comparable circumstances to others by the	87535
supplier.	87536

(TT) "Relative of owner" means an individual who is related	87537
to an owner of an ICF/MR by one of the following relationships:	87538

(1) Spouse;

87539

(2) Natural parent, child, or sibling;

87540

(3) Adopted parent, child, or sibling;

87541

(4) Stepparent, stepchild, stepbrother, or stepsister;

87542

(5) Father-in-law, mother-in-law, son-in-law,	87543
daughter-in-law, brother-in-law, or sister-in-law;	87544

(6) Grandparent or grandchild;

87545

(7) Foster caregiver, foster child, foster brother, or foster	87546
sister.	87547

(UU)(1) "Renovation" means the following:

87548

(a) An ICF/MR's betterment, improvement, or restoration to	87549
which both of the following apply:	87550

(i) It was started before July 1, 1993;

87551

(ii) It meets the definition of "renovation" established in	87552
rules that were adopted by the director of job and family services	87553
and in effect on December 22, 1992.	87554

(b) An ICF/MR's betterment, improvement, or restoration to	87555
which both of the following apply:	87556

(i) It was started on or after July 1, 1993;

87557

(ii) It betters, improves, or restores the ICF/MR beyond its	87558
current functional capacity through a structural change that costs	87559
at least five hundred dollars per bed.	87560

(2) A renovation started on or after July 1, 1993, may	87561
include both of the following:	87562

(a) A betterment, improvement, restoration, or replacement of	87563
assets that are affixed to a building and have a useful life of at	87564
least five years;	87565

(b) Costs that otherwise would be considered maintenance and	87566
repair expenses if they are an integral part of the structural	87567
change that makes up the renovation project.	87568

(3) "Renovation" does not mean construction of additional	87569
space for beds that will be added to an ICF/MR's licensed capacity	87570
or medicaid-certified capacity.	87571

(VV) "Residential facility" has the same meaning as in	87572
section 5123.19 of the Revised Code.	87573

(WW) "Sponsor" means an adult relative, friend, or guardian	87574
of an ICF/MR resident who has an interest or responsibility in the	87575
resident's welfare.	87576

(XX) "Title XIX" means Title XIX of the "Social Security	87577
Act," 42 U.S.C. 1396, et seq.	87578

(YY) "Title XVIII" means Title XVIII of the "Social Security	87579
Act," 42 U.S.C. 1395, et seq.	87580

(ZZ) "Voluntary termination" means an operator's voluntary	87581
election to terminate the participation of an ICF/MR in the	87582
medicaid program but to continue to provide service of the type	87583
provided by a residential facility as defined in section 5123.19	87584
of the Revised Code.	87585

~~Sec. 5111.226.~~ Sec. 5124.02. ~~Subject, if needed, to the approval~~	87586
~~of the United States secretary of health and human services, the~~	87587
The department of ~~job and family services~~medicaid shall enter	87588
into a contract with the department of developmental disabilities	87589
under section ~~5111.91~~5162.35 of the Revised Code that provides	87590
for the department of developmental disabilities to assume the	87591
powers and duties of the department of ~~job and family services~~	87592
medicaid with regard to the medicaid program's coverage of ICF/MR	87593
services ~~provided by intermediate care facilities for the~~	87594
~~mentally retarded~~. The contract shall include a schedule for the	87595
assumption of the powers and duties. Except as otherwise	87596
authorized by the United States secretary of health and human	87597
services, no provision of the contract may violate a federal law	87598
or regulation governing the medicaid program. ~~Once the contract~~	87599
~~goes into effect, all references to the department of job and~~	87600
~~family services, and all references to the director of job and~~	87601
~~family services, with regard to intermediate care facilities for~~	87602
~~the mentally retarded that are in law enacted by the general~~	87603
~~assembly shall be deemed to be references to the department of~~	87604
~~developmental disabilities and director of developmental~~	87605
~~disabilities, respectively, to the extent necessary to implement~~	87606
~~the terms of the contract.~~	87607

Sec. 5124.03. To the extent authorized by rules authorized	87608
by section 5162.021 of the Revised Code, the director of	87609
developmental disabilities shall adopt rules in accordance with	87610
Chapter 119. of the Revised Code as necessary to implement this	87611
chapter.	87612

Sec. 5124.05. The medicaid program shall cover ICF/MR	87613
services when all of the following apply:	87614

(A) The ICF/MR services are provided to a medicaid recipient	87615
eligible for the services.	87616

(B) The ICF/MR services are provided by an ICF/MR for which	87617
the provider has a valid provider agreement.	87618

(C) Federal financial participation is available for the	87619
ICF/MR services.	87620

Sec. 5124.06. (A) Subject to section 5124.072 of the Revised	87621
Code, an ICF/MR operator is eligible to enter into a provider	87622
agreement for an ICF/MR if all of the following apply:	87623

(1) The ICF/MR is certified by the director of health for	87624
participation in medicaid;	87625

(2) The ICF/MR is licensed by the director of developmental	87626
disabilities as a residential facility;	87627

(3) Subject to division (B) of this section, the operator and	87628
ICF/MR comply with all applicable state and federal statutes and	87629
rules.	87630

(B) A state rule that requires an ICF/MR operator to have	87631
received approval of a plan for the proposed ICF/MR pursuant to	87632
section 5123.042 of the Revised Code as a condition of the	87633
operator being eligible to receive medicaid payments for ICF/MR	87634
services the ICF/MR provides does not apply if, under former	87635
section 5123.193 of the Revised Code as enacted by Am. Sub. H.B. 1	87636
of the 128th general assembly or section 5123.197 of the Revised	87637
Code, a residential facility license was obtained or modified for	87638
the ICF/MR without obtaining approval of such a plan.	87639

Sec. 5124.07. (A) Except as provided in section 5124.072 of	87640
the Revised Code, the department of medicaid shall enter into a	87641
provider agreement with an ICF/MR operator who applies, and is	87642
eligible, for the provider agreement.	87643

(B) A provider agreement shall require the department of	87644
developmental disabilities, pursuant to its agreement with the	87645
department of medicaid under section 5124.02 of the Revised Code,	87646
to make medicaid payments to the provider in accordance with this	87647
chapter for ICF/MR services the ICF/MR provides to its residents	87648
who are medicaid recipients eligible for ICF/MR services.	87649

(C) A provider agreement shall require the provider to do all	87650
of the following:	87651

(1) Maintain eligibility for the provider agreement as	87652
provided in section 5124.06 of the Revised Code;	87653

(2) Keep records relating to a cost reporting period for the	87654
greater of seven years after the cost report is filed or, if the	87655
department of developmental disabilities issues an audit report in	87656
accordance with section 5124.109 of the Revised Code, six years	87657
after all appeal rights relating to the audit report are	87658
exhausted;	87659

(3) File reports as the department of developmental	87660
disabilities requires;	87661

(4) Open all records relating to the costs of the ICF/MR's	87662
services for inspection and audit by the department of	87663
developmental disabilities;	87664

(5) Open its premises for inspection by the department of	87665
developmental disabilities, department of health, and any other	87666
state or local authority having authority to inspect;	87667

(6) Supply to the department of developmental disabilities	87668
such information as it requires concerning the ICF/MR's services	87669
to residents who are, or are eligible to be, medicaid recipients;	87670

(7) Comply with section 5124.08 of the Revised Code.

87671

(D) A provider agreement may contain other provisions that	87672
are consistent with law and considered necessary by the department	87673
of medicaid or the department of developmental disabilities.	87674

Sec. 5124.071. An ICF/MR operator may enter into provider	87675
agreements for more than one ICF/MR.	87676

Sec. 5124.072. The department of medicaid, in accordance	87677
with rules adopted under section 5165.02 of the Revised Code, may	87678
elect not to enter into, not to revalidate, or to terminate an	87679
ICF/MR provider agreement when the department determines that such	87680
an agreement would not be in the best interests of medicaid	87681
recipients or the state. The department shall not revalidate an	87682
ICF/MR provider agreement if the provider fails to maintain	87683
eligibility for the provider agreement as provided in section	87684
5124.06 of the Revised Code.	87685

Sec. 5124.08. (A) Every provider agreement with an ICF/MR	87686
provider shall do both of the following:	87687

(1) Except as provided by division (B) of this section,	87688
include any part of the ICF/MR that meets federal and state	87689
standards for medicaid certification;	87690

(2) Prohibit the provider from doing either of the following:

87691

(a) Discriminating against a resident on the basis of race,	87692
color, sex, creed, or national origin;	87693

(b) Subject to division (D) of this section, failing or	87694
refusing to do either of the following:	87695

(i) Admit as a resident of the ICF/MR an individual because	87696
the individual is, or may (as a resident of the ICF/MR) become, a	87697
medicaid recipient if less than eighty per cent of the ICF/MR's	87698
residents are medicaid recipients;	87699

(ii) Retain as a resident of the ICF/MR an individual because	87700
the individual is, or may (as a resident of the ICF/MR) become, a	87701
medicaid recipient.	87702

(B) Unless otherwise required by federal law, an ICF/MR bed	87703
is not required to be included in a provider agreement if the bed	87704
is designated for respite care under a medicaid waiver component	87705
operated pursuant to a waiver sought under section 5166.20 of the	87706
Revised Code.	87707

(C) For the purpose of division (A)(2)(b)(ii) of this	87708
section, a medicaid recipient who is a resident of an ICF/MR shall	87709
be considered a resident of the ICF/MR during any hospital stays	87710
totaling less than twenty-five days during any twelve-month	87711
period. A medicaid recipient identified by the department of	87712
developmental disabilities or its designee as requiring the level	87713
of care of an ICF/MR shall not be subject to a maximum period of	87714
absences during which the recipient is considered to be an ICF/MR	87715
resident if prior authorization of the department for visits with	87716
relatives and friends and participation in therapeutic programs is	87717
obtained in accordance with rules adopted under section 5124.03 of	87718
the Revised Code.	87719

(D) Nothing in this section shall bar a provider from doing	87720
any of the following:	87721

(1) If the provider is a religious organization operating a	87722
religious or denominational ICF/MR, giving preference to persons	87723
of the same religion or denomination;	87724

(2) Giving preference to persons with whom the provider has	87725
contracted to provide continuing care;	87726

(3) Retaining residents who have resided in the provider's	87727
ICF/MR for not less than one year as private pay residents and who	87728
subsequently become medicaid recipients but refusing to admit as a	87729
resident an individual who is, or may (as a resident of the	87730
ICF/MR) become, a medicaid recipient, if all of the following	87731
apply:	87732

(a) The provider does not refuse to retain a resident who has	87733
resided in the provider's ICF/MR for not less than one year as a	87734
private pay resident because the resident becomes a medicaid	87735
recipient, except as necessary to comply with division (D)(3)(b)	87736
of this section.	87737

(b) The number of medicaid recipients retained under division	87738
(D)(3) of this section does not at any time exceed ten per cent of	87739
all the ICF/MR's residents.	87740

(c) On July 1, 1980, all the ICF/MR's residents were private	87741
pay residents.	87742

(E) No provider shall violate the provider agreement	87743
obligations imposed by this section.	87744

Sec. 5124.081. An ICF/MR resident has a cause of action	87745
against the provider of the ICF/MR for breach of the provider	87746
agreement obligations or other duties imposed by section 5124.08	87747
of the Revised Code. The action may be commenced by the resident,	87748
or on the resident's behalf by the resident's sponsor, by the	87749
filing of a civil action in the court of common pleas of the	87750
county in which the ICF/MR is located or in the court of common	87751
pleas of Franklin county.	87752

If a court of common pleas finds that a provider has breached	87753
a provider agreement obligation or other duty imposed by section	87754
5124.08 of the Revised Code, the court may do one or more of the	87755
following:	87756

(A) Enjoin the provider from engaging in the practice;

87757

(B) Order such affirmative relief as may be necessary;

87758

(C) Award to a resident and a sponsor that brings the action	87759
on behalf of a resident actual damages, costs, and reasonable	87760
attorney's fees.	87761

Sec. 5124.10. (A) Except as provided in division (D) of this	87762
section and division (E)(2) of section 5124.101 of the Revised	87763
Code, each ICF/MR provider shall file with the department of	87764
developmental disabilities an annual cost report for each of the	87765
provider's ICFs/MR for which the provider has a valid provider	87766
agreement. The cost report for a year shall cover the calendar	87767
year or portion of the calendar year during which the ICF/MR	87768
participated in the medicaid program. Except as provided in	87769
division (E) of this section, the cost report is due not later	87770
than ninety days after the end of the calendar year, or portion of	87771
the calendar year, that the cost report covers.	87772

(B)(1) If an ICF/MR undergoes a change of provider that the	87773
department determines, in accordance with rules adopted under	87774
section 5124.03 of the Revised Code, is not an arms length	87775
transaction, the new provider shall file the ICF/MR's cost report	87776
in accordance with division (A) of this section and the cost	87777
report shall cover the portion of the calendar year during which	87778
the new provider operated the ICF/MR and the portion of the	87779
calendar year during which the previous provider operated the	87780
ICF/MR.	87781

(2) If an ICF/MR undergoes a change of provider that the	87782
department determines, in accordance with rules adopted under	87783
section 5124.03 of the Revised Code, is an arms length	87784
transaction, the new provider shall file with the department a	87785
cost report for the ICF/MR not later than, except as provided in	87786
division (E) of this section, ninety days after the end of the	87787
ICF/MR's first three full calendar months of operation under the	87788
new provider. The cost report shall cover the period that begins	87789
with the ICF/MR's first day of operation under the new provider	87790
and ends on the first day of the month immediately following the	87791
first three full months of operation under the new provider.	87792

(C) If the medicaid payment rate for a new ICF/MR was most	87793
recently determined in accordance with section 5124.151 of the	87794
Revised Code, the provider shall file with the department a cost	87795
report for the new ICF/MR not later than, except as provided in	87796
division (E) of this section, ninety days after the end of the new	87797
ICF/MR's first three full calendar months of operation. The cost	87798
report shall cover the period that begins with the ICF/MR's first	87799
day of operation and ends on the first day of the month	87800
immediately following the first three full months of operation.	87801

(D) An ICF/MR provider is not required to file a cost report	87802
for an ICF/MR for a calendar year in accordance with division (A)	87803
of this section if the provider files a cost report for the ICF/MR	87804
under division (B)(2) or (C) of this section and that cost report	87805
covers a period that begins after the first day of October of that	87806
calendar year. The provider shall file a cost report for the	87807
ICF/MR in accordance with division (A) of this section for the	87808
immediately following calendar year.	87809

(E) The department may grant to a provider a fourteen-day	87810
extension to file a cost report under this section or section	87811
5124.101 of the Revised Code if the provider provides the	87812
department a written request for the extension and the department	87813
determines that there is good cause for the extension.	87814

Sec. 5124.101. (A) The provider of an ICF/MR that becomes a	87815
downsized ICF/MR or partially converted ICF/MR may file with the	87816
department of developmental disabilities a cost report covering	87817
the period specified in division (B) of this section if the ICF/MR	87818
has both of the following on the day it becomes a downsized ICF/MR	87819
or partially converted ICF/MR:	87820

(1) A medicaid-certified capacity that is at least ten per	87821
cent less than its medicaid-certified capacity on the day	87822
immediately preceding the day it becomes a downsized ICF/MR or	87823
partially converted ICF/MR;	87824

(2) At least five fewer beds certified as ICF/MR beds than it	87825
has on the day immediately preceding the day it becomes a	87826
downsized ICF/MR or partially converted ICF/MR.	87827

(B) A cost report filed under division (A) of this section	87828
shall cover the period that begins with the day that the ICF/MR	87829
becomes a downsized ICF/MR or partially converted ICF/MR and ends	87830
on the first day of the month immediately following the first	87831
three full months of operation as a downsized ICF/MR or partially	87832
converted ICF/MR.	87833

(C) The department shall refuse to accept a cost report filed	87834
under division (A) of this section if either of the following	87835
apply:	87836

(1) Except as provided in division (E) of section 5124.10 of	87837
the Revised Code, the provider fails to file the cost report with	87838
the department not later than ninety days after the last day of	87839
the period the cost report covers;	87840

(2) The cost report is incomplete or inadequate.

87841

(D) If the department accepts a cost report filed under	87842
division (A) of this section, the department shall determine the	87843
ICF/MR's medicaid payment rate in accordance with this chapter	87844
using that cost report. The provider shall be paid that rate for	87845
ICF/MR services the ICF/MR provides during the period that begins	87846
and ends as follows:	87847

(1) The period begins on the following:

87848

(a) The day that the ICF/MR becomes a downsized ICF/MR or	87849
partially converted ICF/MR if that day is the first day of a	87850
month;	87851

(b) The first day of the month immediately following the	87852
month that the ICF/MR becomes a downsized ICF/MR or partially	87853
converted ICF/MR if division (D)(1)(a) of this section does not	87854
apply.	87855

(2) The period ends on the first day of the fiscal year for	87856
which the ICF/MR begins to be paid a rate determined using a cost	87857
report that division (E) of this section requires be filed in	87858
accordance with division (A) of section 5124.10 of the Revised	87859
Code.	87860

(E)(1) If the department accepts a cost report filed under	87861
division (A) of this section for an ICF/MR that becomes a	87862
downsized ICF/MR or partially converted ICF/MR on or before the	87863
first day of October of a calendar year, the provider also shall	87864
file a cost report for the ICF/MR in accordance with division (A)	87865
of section 5124.10 of the Revised Code for the portion of that	87866
calendar year that the ICF/MR operated as a downsized ICF/MR or	87867
partially converted ICF/MR.	87868

(2) If the department accepts a cost report filed under	87869
division (A) of this section for an ICF/MR that becomes a	87870
downsized ICF/MR or partially converted ICF/MR after the first day	87871
of October of a calendar year, the provider is not required to	87872
file a cost report for that calendar year in accordance with	87873
division (A) of section 5124.10 of the Revised Code. The provider	87874
shall file a cost report for the ICF/MR in accordance with	87875
division (A) of section 5124.10 of the Revised Code for the	87876
immediately following calendar year.	87877

Sec. 5124.102. No ICF/MR provider shall report fines paid	87878
under section 5124.99 of the Revised Code in a cost report filed	87879
under section 5124.10, 5124.101, or 5124.522 of the Revised Code.	87880

Sec. 5124.103. Cost reports shall be completed using the	87881
form prescribed under section 5124.104 of the Revised Code and in	87882
accordance with the guidelines established under that section.	87883

Sec. 5124.104. The department of developmental disabilities	87884
shall do all of the following:	87885

(A) Prescribe the form to be used for completing a cost	87886
report and a uniform chart of accounts for the purpose of	87887
reporting costs on the form;	87888

(B) Distribute a paper copy of the form, or computer software	87889
for electronic submission of the form, to each provider at least	87890
sixty days before the date the cost report is due;	87891

87892

Sec. 5124.105. The department of developmental disabilities	87893
shall develop an addendum to the cost report form that an ICF/MR	87894
provider may use to set forth costs that the provider believes the	87895
department may dispute. The department may consider such costs in	87896
determining an ICF/MR's medicaid payment rate. If the department	87897
does not consider such costs in determining an ICF/MR's medicaid	87898
payment rate, the provider may seek reconsideration of the	87899
determination in accordance with section 5124.38 of the Revised	87900
Code. If the department subsequently includes such costs in an	87901
ICF/MR's medicaid payment rate, the department shall pay the	87902
provider interest at a reasonable rate established in rules	87903
adopted under section 5124.03 of the Revised Code for the period	87904
that the rate excluded the costs.	87905

Sec. 5124.106. If an ICF/MR provider required by section	87906
5124.10 of the Revised Code to file a cost report for the ICF/MR	87907
fails to file the cost report by the date it is due or the date,	87908
if any, to which the due date is extended pursuant to division (E)	87909
of that section, or files an incomplete or inadequate report for	87910
the ICF/MR under that section, the department of developmental	87911
disabilities shall provide immediate written notice to the	87912
provider that the provider agreement for the ICF/MR will be	87913
terminated in thirty days unless the provider submits a complete	87914
and adequate cost report for the ICF/MR within thirty days. During	87915
the thirty-day termination period or any additional time allowed	87916
for an appeal of the proposed termination of a provider agreement,	87917
the provider shall be paid the ICF/MR's then current per medicaid	87918
day payment rate, minus the dollar amount by which ICFs/MR's per	87919
medicaid day payment rates are reduced during fiscal year 2013 in	87920
accordance with division (A)(2) of section 5111.26 of the Revised	87921
Code (renumbered as section 5165.10 of the Revised Code by H.B. 59	87922
of the 130th general assembly) as that section existed on the day	87923
immediately preceding the effective date of this section. On the	87924
first day of each July, the department shall adjust the amount of	87925
the reduction in effect during the previous twelve months to	87926
reflect the rate of inflation during the preceding twelve months,	87927
as shown in the consumer price index for all items for all urban	87928
consumers for the north central region, published by the United	87929
States bureau of labor statistics.	87930

Sec. 5124.107. (A) Except as provided in division (B) of	87931
this section and not later than three years after an ICF/MR	87932
provider files a cost report with the department of developmental	87933
disabilities under section 5124.10 or 5124.101 of the Revised	87934
Code, the provider may amend the cost report if the provider	87935
discovers a material error in the cost report or additional	87936
information to be included in the cost report. The department	87937
shall review the amended cost report for accuracy and notify the	87938
provider of its determination.	87939

(B) An ICF/MR provider may not amend a cost report if the	87940
department has notified the provider that an audit of the cost	87941
report or a cost report of the provider for a subsequent cost	87942
reporting period is to be conducted under section 5124.109 of the	87943
Revised Code. The provider may, however, provide the department	87944
information that affects the costs included in the cost report.	87945
Such information may not be provided after the adjudication of the	87946
final settlement of the cost report.	87947

Sec. 5124.108. The department of developmental disabilities	87948
shall conduct a desk review of all cost reports it receives under	87949
sections 5124.10, 5124.101, and 5124.522 of the Revised Code.	87950
Based on the desk review, the department shall make a preliminary	87951
determination of whether the reported costs are allowable costs.	87952
The department shall notify each ICF/MR provider of whether any of	87953
the reported costs are preliminarily determined not to be	87954
allowable costs, the medicaid payment rate determined under this	87955
chapter as a result of the determination regarding allowable	87956
costs, and the reasons for the determination and resulting rate.	87957
The department shall allow the provider to verify the calculation	87958
and submit additional information.	87959

Sec. 5124.109. (A) The department of developmental	87960
disabilities may conduct an audit, as defined in rules adopted	87961
under section 5124.03 of the Revised Code, of any cost report	87962
filed under section 5124.10, 5124.101, or 5124.522 of the Revised	87963
Code. The decision whether to conduct an audit and the scope of	87964
the audit, which may be a desk or field audit, may be determined	87965
based on prior performance of the provider, a risk analysis, or	87966
other evidence that gives the department reason to believe that	87967
the provider has reported costs improperly. A desk or field audit	87968
may be performed annually, but is required whenever a provider	87969
does not pass the risk analysis tolerance factors.	87970

(B) Audits shall be conducted by auditors under contract with	87971
the department, auditors working for firms under contract with the	87972
department, or auditors employed by the department.	87973

The department may establish a contract for the auditing of	87974
ICFs/MR by outside firms. Each contract entered into by bidding	87975
shall be effective for one to two years.	87976

(C) The department shall notify a provider of the findings of	87977
an audit of a cost report by issuing an audit report. The	87978
department shall issue the audit report not later than three years	87979
after the earlier of the following:	87980

(1) The date the cost report is filed;

87981

(2) The date a desk or field audit of the cost report or a	87982
cost report for a subsequent cost reporting period is completed.	87983

(D) The department shall prepare a written summary of any	87984
audit disallowance that is made after the effective date of the	87985
rate that is based on the cost. Where the provider is pursuing	87986
judicial or administrative remedies in good faith regarding the	87987
disallowance, the department shall not withhold from the	87988
provider's current payments any amounts the department claims to	87989
be due from the provider pursuant to section 5124.41 of the	87990
Revised Code.	87991

(E)(1) The department shall establish an audit manual and	87992
program for field audits conducted under this section. Each	87993
auditor conducting a field audit under this section shall follow	87994
the audit manual and program, regardless of whether the auditor is	87995
under contract with the department, works for a firm under	87996
contract with the department, or is employed by the department.	87997
The manual and program shall do both of the following:	87998

(a) Require each field audit to be conducted by an auditor to	87999
whom all of the following apply:	88000

(i) During the period of the auditor's contract, firm's	88001
contract, or auditor's employment with the department, the auditor	88002
or firm does not have and is not committed to acquire any direct	88003
or indirect financial interest in the ownership, financing, or	88004
operation of ICFs/MR in this state.	88005

(ii) The auditor does not audit any provider that has been a	88006
client of the auditor or the auditor's firm.	88007

(iii) The auditor is otherwise independent as determined by	88008
the standards of independence included in the government auditing	88009
standards produced by the United States government accountability	88010
office.	88011

(b) Require each auditor conducting a field audit to do all	88012
of the following:	88013

(i) Comply with applicable rules prescribed pursuant to Title	88014
XIX;	88015

(ii) Consider generally accepted auditing standards	88016
prescribed by the American institute of certified public	88017
accountants;	88018

(iii) Include a written summary as to whether the costs	88019
included in the cost report examined during the audit are	88020
allowable and are presented in accordance with state and federal	88021
laws and regulations, and whether, in all material respects,	88022
allowable costs are documented, reasonable, and related to patient	88023
care;	88024

(iv) Complete the audit within the time period specified by	88025
the department;	88026

(v) Provide to the provider complete written interpretations	88027
that explain in detail the application of all relevant contract	88028
provisions, regulations, auditing standards, rate formulae, and	88029
departmental policies, with explanations and examples, that are	88030
sufficient to permit the provider to calculate with reasonable	88031
certainty those costs that are allowable and the rate to which the	88032
provider's ICF/MR is entitled.	88033

(2) For the purpose of division (E)(1)(a)(i) of this section,	88034
employment of a member of an auditor's family by an ICF/MR that	88035
the auditor does not audit does not constitute a direct or	88036
indirect financial interest in the ownership, financing, or	88037
operation of the ICF/MR.	88038

~~Sec. 5111.224.~~ Sec. 5124.15. (A) Except as otherwise provided by	88039
sections ~~5111.20~~5124.151 to ~~5111.331~~5124.155 of the Revised Code	88040
and by division (B) of this section, the ~~payments~~total per	88041
medicaid day payment rate that the department of ~~job and family~~	88042
~~services~~developmental disabilities shall ~~agree to make~~pay to ~~the~~	88043
an ICF/MR provider ~~of an intermediate care facility for the~~	88044
~~mentally retarded pursuant to a provider agreement~~for ICF/MR	88045
services the provider's ICF/MR provides during a fiscal year shall	88046
equal the sum of all of the following:	88047

(1) The per medicaid day payment rate for capital costs	88048
determined for the ICF/MR under section 5124.17 of the Revised	88049
Code;	88050

(2) The per medicaid day payment rate for direct care costs	88051
determined for the ~~facility~~ICF/MR under section ~~5111.23~~5124.19	88052
of the Revised Code;	88053

~~(2)~~(3) The per medicaid day payment rate for indirect care	88054
costs determined for the ICF/MR under section 5124.21 of the	88055
Revised Code;	88056

(4) The per medicaid day payment rate for other protected	88057
costs determined for the ~~facility~~ICF/MR under section ~~5111.235~~	88058
5124.23 of the Revised Code;	88059

~~(3) The rate for indirect care costs determined for the~~	88060
~~facility under section 5111.241 of the Revised Code;~~	88061

~~(4) The rate for capital costs determined for the facility~~	88062
~~under section 5111.251 of the Revised Code~~.	88063

(B) The department shall adjust the total rate otherwise	88064
determined under division (A) of this section as directed by the	88065
general assembly through the enactment of law governing medicaid	88066
payments to ICF/MR providers ~~of intermediate care facilities for~~	88067
~~the mentally retarded~~.	88068

(C) In addition to paying an ICF/MR provider the total rate	88069
determined for the provider's ICF/MR under divisions (A) and (B)	88070
of this section for a fiscal year, the department, in accordance	88071
with section 5124.25 of the Revised Code, may pay the provider a	88072
rate add-on for pediatric ventilator-dependent outlier ICF/MR	88073
services if the rate add-on is to be paid under that section and	88074
the department approves the provider's application for the rate	88075
add-on. The rate add-on is not to be part of the ICF/MR's total	88076
rate.	88077

~~Sec. 5111.255.~~ Sec. 5124.151. (A) The ~~department of job and family~~	88078
~~services shall establish initial rates for an intermediate care~~	88079
~~facility for the mentally retarded with a first date of licensure~~	88080
~~that is on or after January 1, 1993, including a facility that~~	88081
~~replaces one or more existing facilities, or for an intermediate~~	88082
~~care facility for the mentally retarded with a first date of~~	88083
~~licensure before that date that was initially certified for the~~	88084
~~medicaid program on or after that date,~~total per medicaid day	88085
payment rate determined under section 5124.15 of the Revised Code	88086
shall not be the initial rate for ICF/MR services provided by a	88087
new ICF/MR. Instead, the initial total per medicaid day payment	88088
rate for ICF/MR services provided by a new ICF/MR shall be	88089
determined in the following manner:	88090

(1) The initial rate for capital costs shall be determined	88091
under section 5124.17 of the Revised Code using the greater of the	88092
new ICF/MR's actual inpatient days or an imputed occupancy rate of	88093
eighty per cent.	88094

(2) The initial rate for direct care costs shall be	88095
determined as follows:	88096

(a) If there are no cost or resident assessment data for the	88097
new ICF/MR as necessary to ~~calculate~~determine a rate under	88098
section ~~5111.23~~5124.19 of the Revised Code, the rate shall be	88099
determined as follows:	88100

(i) Determine the median cost per case-mix unit ~~calculated~~	88101
determined under division (B)~~(1)~~ of ~~that~~ section 5124.19 of the	88102
Revised Code for the ~~relevant~~new ICF/MR's peer group for the	88103
calendar year preceding the fiscal year in which the rate will be	88104
paid~~, multiplied~~;	88105

(ii) Multiply the amount determined under division	88106
(A)(2)(a)(i) of this section by the median annual average case-mix	88107
score for the new ICF/MR's peer group for that period ~~and~~;	88108

(iii) Adjust the product determined under division	88109
(A)(2)(a)(ii) of this section by the rate of inflation estimated	88110
under division ~~(B)(3)~~(D) of ~~that~~ section 5124.19 of the Revised	88111
Code. ~~This rate shall be recalculated to reflect the facility's~~	88112
~~actual quarterly average case-mix score, in accordance with that~~	88113
~~section, after it submits its first quarterly assessment data that~~	88114
~~qualifies for use in calculating a case-mix score in accordance~~	88115
~~with rules authorized by division (E) of section 5111.232 of the~~	88116
~~Revised Code. If the facility's first two quarterly submissions do~~	88117
~~not contain assessment data that qualifies for use in calculating~~	88118
~~a case-mix score, the department shall continue to calculate the~~	88119
~~rate using the median annual case-mix score for the peer group in~~	88120
~~lieu of an assigned quarterly case-mix score. The department shall~~	88121
~~assign a case-mix score or, if necessary, a cost per case-mix unit~~	88122
~~under division (D) of section 5111.232 of the Revised Code for any~~	88123
~~subsequent submissions that do not contain assessment data that~~	88124
~~qualifies for use in calculating a case-mix score.~~	88125

(b) If the ~~facility~~new ICF/MR is a replacement ~~facility~~	88126
ICF/MR and the ~~facility~~ICF/MR or ~~facilities~~ICFs/MR that are	88127
being replaced are in operation immediately before the ~~replacement~~	88128
~~facility~~new ICF/MR opens, the rate shall be the same as the rate	88129
for the replaced ~~facility~~ICF/MR or ~~facilities~~ICFs/MR,	88130
proportionate to the number of ICF/MR beds in each replaced	88131
~~facility~~ICF/MR. ~~If one or more of the replaced facilities is~~	88132

(c) If the new ICF/MR is a replacement ICF/MR and the ICF/MR	88133
or ICFs/MR that are being replaced are not in operation	88134
immediately before the ~~replacement facility~~new ICF/MR opens, ~~its~~	88135
~~proportion~~the rate shall be determined under division	88136
(A)~~(1)~~(2)(a) of this section.	88137

~~(2)~~(3) The initial rate for indirect care costs shall be the	88138
maximum rate for the new ICF/MR's peer group as determined for the	88139
fiscal year in accordance with division (C) of section 5124.21 of	88140
the Revised Code.	88141

(4) The initial rate for other protected costs shall be one	88142
hundred fifteen per cent of the median rate for ~~intermediate care~~	88143
~~facilities for the mentally retarded calculated~~ICFs/MR determined	88144
for the fiscal year under section ~~5111.235~~5124.23 of the Revised	88145
Code.	88146

~~(3) The rate for indirect care costs shall be the applicable~~	88147
~~maximum rate for the facility's peer group as specified in~~	88148
~~division (B) of section 5111.241 of the Revised Code.~~	88149

~~(4) The rate for capital costs shall be determined under~~	88150
~~section 5111.251 of the Revised Code using the greater of actual~~	88151
~~inpatient days or an imputed occupancy rate of eighty per cent.~~	88152

(B) If a new ICF/MR's initial rate for direct care costs is	88153
determined under division (A)(2)(a) of this section, the	88154
department shall redetermine the rate in accordance with section	88155
5124.19 of the Revised Code to reflect the new ICF/MR's actual	88156
quarterly case-mix score, after the provider, in accordance with	88157
section 5124.191 of the Revised Code, submits the first quarterly	88158
resident assessment data for the ICF/MR that qualifies for use in	88159
determining a case-mix score. If the first two quarterly	88160
submissions for the ICF/MR do not contain resident assessment data	88161
that qualifies for use in determining a case-mix score, the	88162
department shall continue to determine the ICF/MR's rate using the	88163
median annual case-mix score for the peer group in lieu of an	88164
assigned quarterly case-mix score. The department shall assign a	88165
case-mix score or, if necessary, a cost per case-mix unit under	88166
division (B) of section 5124.192 of the Revised Code for any	88167
subsequent submissions that do not contain resident assessment	88168
data that qualifies for use in determining a case-mix score.	88169

(C) The department shall adjust ~~the rates established~~a new	88170
ICF/MR's initial total per medicaid day payment rate determined	88171
under ~~division (A) of~~ this section at both of the following	88172
times:	88173

(1) Effective the first day of July, to reflect new rate	88174
~~calculations~~determinations for all ~~facilities~~ICFs/MR under	88175
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter;	88176

(2) Following the provider's submission of the ~~facility's~~	88177
ICF/MR's cost report under division ~~(A)(1)(b)~~(C) of section	88178
~~5111.26~~5124.10 of the Revised Code.	88179

The department shall pay the rate adjusted based on the cost	88180
report beginning the first day of the calendar quarter that begins	88181
more than ninety days after the department receives the cost	88182
report.	88183

Sec. 5124.152. The total per medicaid day payment rate	88184
determined under section 5124.15 of the Revised Code shall not be	88185
paid for ICF/MR services provided on or after July 1, 2014, to low	88186
resource utilization residents. Instead, the total per medicaid	88187
day payment rate for such ICF/MR services shall be a flat rate set	88188
in rules adopted under section 5124.03 of the Revised Code.	88189

Sec. 5124.153. (A) The total per medicaid day payment rate	88190
determined under section 5124.15 of the Revised Code shall not be	88191
paid for ICF/MR services provided by an ICF/MR, or discrete unit	88192
of an ICF/MR, designated by the department of developmental	88193
disabilities as an outlier ICF/MR or unit. Instead, the provider	88194
of a designated outlier ICF/MR or unit shall be paid each fiscal	88195
year a total per medicaid day payment rate that the department	88196
shall prospectively determine in accordance with a methodology	88197
established in rules authorized by this section.	88198

(B) The department may designate an ICF/MR, or discrete unit	88199
of an ICF/MR, as an outlier ICF/MR or unit if the ICF/MR or unit	88200
serves residents who have either of the following:	88201

(1) Diagnoses or special care needs that require direct care	88202
resources that are not measured adequately by the resident	88203
assessment instrument specified in rules authorized by section	88204
5124.191 of the Revised Code;	88205

(2) Diagnoses or special care needs that are specified in	88206
rules authorized by this section as otherwise qualifying for	88207
consideration under this section.	88208

(C) Notwithstanding any other provision of this chapter, the	88209
costs incurred by a designated outlier ICF/MR or unit shall not be	88210
considered in establishing medicaid payment rates for other	88211
ICFs/MR or units.	88212

(D) The director of developmental disabilities shall adopt	88213
rules under section 5124.03 of the Revised Code as necessary to	88214
implement this section.	88215

(1)(a) The rules shall do both of the following:

88216

(i) Specify the criteria and procedures the department will	88217
apply when designating an ICF/MR, or discrete unit of an ICF/MR,	88218
as an outlier ICF/MR or unit;	88219

(ii) Establish a methodology for prospectively determining	88220
the total per medicaid day payment rate that will be paid each	88221
fiscal year for ICF/MR services provided by a designated outlier	88222
ICF/MR or unit.	88223

(b) The rules adopted under division (D)(1)(a)(i) of this	88224
section regarding the criteria for designating outlier ICFs/MR and	88225
units shall do both of the following:	88226

(i) Provide for consideration of whether all of the allowable	88227
costs of an ICF/MR, or discrete unit of an ICF/MR, would be paid	88228
by the rate determined under section 5124.15 of the Revised Code;	88229

(ii) Specify the minimum number of ICF/MR beds that an	88230
ICF/MR, or discrete unit of an ICF/MR, must have to be designated	88231
an outlier ICF/MR or unit.	88232

(c) The rules authorized by division (D)(1)(a)(i) of this	88233
section regarding the criteria for designating outlier ICFs/MR and	88234
units shall not limit the designation to ICFs/MR, or discrete	88235
units of ICFs/MR, located in large cities.	88236

(d) The rules authorized by division (D)(1)(a)(ii) of this	88237
section regarding the methodology for prospectively determining	88238
the rates of designated outlier ICFs/MR and units shall provide	88239
for the methodology to consider the historical costs of providing	88240
ICF/MR services to the residents of designated outlier ICFs/MR and	88241
units.	88242

(2)(a) The rules may do both of the following:

88243

(i) Include for designation as an outlier ICF/MR or unit, an	88244
ICF/MR, or discrete unit of an ICF/MR, that serves residents who	88245
have complex medical conditions or severe behavioral problems;	88246

(ii) Require that a designated outlier ICF/MR or unit receive	88247
authorization from the department before admitting or retaining a	88248
resident.	88249

(b) If the director adopts rules authorized by division	88250
(D)(2)(a)(ii) of this section regarding the authorization of a	88251
designated outlier ICF/MR or unit to admit or retain a resident,	88252
the rules shall specify the criteria and procedures the department	88253
will apply when granting the authorization.	88254

Sec. 5124.154. (A) To the extent, if any, provided for in	88255
rules authorized by this section, the total per medicaid day	88256
payment rate determined under section 5124.15 of the Revised Code	88257
shall not be paid for ICF/MR services that an ICF/MR not	88258
designated as an outlier ICF/MR or unit provides to a resident who	88259
meets the criteria for admission to a designated outlier ICF/MR or	88260
unit, as specified in rules authorized by section 5124.153 of the	88261
Revised Code. Instead, the provider of an ICF/MR providing ICF/MR	88262
services to such a resident shall be paid each fiscal year a total	88263
per medicaid day payment rate that the department shall	88264
prospectively determine in accordance with a methodology	88265
established in rules authorized by this section.	88266

(B) The director of developmental disabilities may adopt	88267
rules under section 5124.03 of the Revised Code to implement this	88268
section. The rules may require that an ICF/MR receive	88269
authorization from the department before admitting or retaining a	88270
resident who meets the criteria for admission to a designated	88271
outlier ICF/MR or unit. If the director adopts such rules, the	88272
rules shall specify the criteria and procedures the department	88273
will apply when granting the authorization.	88274

~~Sec. 5111.291.~~ Sec. 5124.155. ~~Notwithstanding sections 5111.20 to~~	88275
~~5111.331 of the Revised Code~~The department of developmental	88276
disabilities is not required to pay the total per medicaid day	88277
payment rates determined under section 5124.15 of the Revised Code	88278
for ICF/MR services provided by developmental centers. Instead,	88279
the department ~~of job and family services~~ may ~~compute~~determine	88280
the ~~rate~~medicaid payment rates for ~~intermediate care facilities~~	88281
~~for the mentally retarded operated by the department of~~	88282
developmental ~~disabilities or the department of mental health~~	88283
centers according to the reasonable cost principles of Title	88284
XVIII.	88285

~~Sec. 5111.251.~~ Sec. 5124.17. (A) ~~The~~For each fiscal year, the	88286
department of ~~job and family services~~developmental disabilities	88287
shall ~~pay a provider for~~prospectively determine each ~~of the~~	88288
~~provider's eligible intermediate care facilities for the mentally~~	88289
~~retarded for its reasonable capital costs, a~~ICF/MR's per	88290
~~resident per~~medicaid day payment rate ~~established prospectively~~	88291
~~each fiscal year for each intermediate care facility for the~~	88292
~~mentally retarded~~for reasonable capital costs. Except as	88293
otherwise provided in ~~sections 5111.20 to 5111.331 of the Revised~~	88294
~~Code~~this chapter, ~~the~~an ICF/MR's rate shall be based on the	88295
~~facility's~~ICF/MR's capital costs for the calendar year preceding	88296
the fiscal year in which the rate will be paid. ~~The~~Subject to	88297
section 5124.28, an ICF/MR's rate shall equal the sum of the	88298
following:	88299

(1) The ~~facility's~~ICF/MR's desk-reviewed, actual, allowable,	88300
per diem ~~cost~~costs of ownership for the immediately preceding	88301
cost reporting period, limited as provided in divisions (B) and	88302
(C) ~~and (F)~~ of this section;	88303

(2) ~~Any efficiency incentive determined under division (B) of~~	88304
~~this section;~~	88305

~~(3) Any amounts for~~The ICF/MR's per medicaid day payment for	88306
the ICF/MR's per diem capitalized costs of nonextensive	88307
renovations determined under division (D)(1) of this section if	88308
the ICF/MR qualifies for a payment for such costs as specified in	88309
division (D)(2) of this section;	88310

~~(4) Any amounts for return on equity determined under~~	88311
~~division (H) of this section~~(3) The ICF/MR's per medicaid day	88312
efficiency incentive payment determined under division (E) of this	88313
section.	88314

~~Buildings shall be depreciated using the straight line method~~	88315
~~over forty years or over a different period approved by the~~	88316
~~department. Components and equipment shall be depreciated using~~	88317
~~the straight line method over a period designated by the director~~	88318
~~of job and family services in rules adopted under section 5111.02~~	88319
~~of the Revised Code, consistent with the guidelines of the~~	88320
~~American hospital association, or over a different period approved~~	88321
~~by the department of job and family services. Any rules authorized~~	88322
~~by this division that specify useful lives of buildings,~~	88323
~~components, or equipment apply only to assets acquired on or after~~	88324
~~July 1, 1993. Depreciation for costs paid or reimbursed by any~~	88325
~~government agency shall not be included in costs of ownership or~~	88326
~~renovation unless that part of the payment under sections 5111.20~~	88327
~~to 5111.331 of the Revised Code is used to reimburse the~~	88328
~~government agency.~~	88329

(B) ~~The department of job and family services shall pay to a~~	88330
~~provider for each of the provider's eligible intermediate care~~	88331
~~facilities for the mentally retarded an efficiency incentive equal~~	88332
~~to fifty per cent of the difference between any desk-reviewed,~~	88333
~~actual, allowable cost of ownership and the applicable limit on~~	88334
~~cost of ownership payments under division (C) of this section. For~~	88335
~~purposes of computing the efficiency incentive, depreciation for~~	88336
~~costs paid or reimbursed by any government agency shall be~~	88337
~~considered as a cost of ownership, and the applicable limit under~~	88338
~~division (C) of this section shall apply both to facilities with~~	88339
~~more than eight beds and facilities with eight or fewer beds. The~~	88340
~~efficiency incentive paid to a provider for a facility with eight~~	88341
~~or fewer beds shall not exceed three dollars per patient day,~~	88342
~~adjusted annually for the inflation rate for the twelve-month~~	88343
~~period beginning on the first day of July of the calendar year~~	88344
~~preceding the calendar year that precedes the fiscal year for~~	88345
~~which the efficiency incentive is determined and ending on the~~	88346
~~thirtieth day of the following June, using the consumer price~~	88347
~~index for shelter costs for all urban consumers for the north~~	88348
~~central region, as published by the United States bureau of labor~~	88349
~~statistics.~~	88350

~~(C) Cost~~The costs of ownership ~~payments~~per diem payment	88351
rates for ~~intermediate care facilities for the mentally retarded~~	88352
ICFs/MR with more than eight beds shall not exceed the following	88353
limits:	88354

(1) For ~~facilities~~ICFs/MR with dates of licensure prior to	88355
January 1, l958, not exceeding two dollars and fifty cents ~~per~~	88356
~~patient day~~;	88357

(2) For ~~facilities~~ICFs/MR with dates of licensure after	88358
December 31, l957, but prior to January 1, l968, not exceeding:	88359

(a) Three dollars and fifty cents ~~per patient day~~ if the cost	88360
of construction was three thousand five hundred dollars or more	88361
per bed;	88362

(b) Two dollars and fifty cents ~~per patient day~~ if the cost	88363
of construction was less than three thousand five hundred dollars	88364
per bed.	88365

(3) For ~~facilities~~ICFs/MR with dates of licensure after	88366
December 31, l967, but prior to January 1, l976, not exceeding:	88367

(a) Four dollars and fifty cents ~~per patient day~~ if the cost	88368
of construction was five thousand one hundred fifty dollars or	88369
more per bed;	88370

(b) Three dollars and fifty cents ~~per patient day~~ if the cost	88371
of construction was less than five thousand one hundred fifty	88372
dollars per bed, but exceeds three thousand five hundred dollars	88373
per bed;	88374

(c) Two dollars and fifty cents ~~per patient day~~ if the cost	88375
of construction was three thousand five hundred dollars or less	88376
per bed.	88377

(4) For ~~facilities~~ICFs/MR with dates of licensure after	88378
December 31, l975, but prior to January 1, l979, not exceeding:	88379

(a) Five dollars and fifty cents ~~per patient day~~ if the cost	88380
of construction was six thousand eight hundred dollars or more per	88381
bed;	88382

(b) Four dollars and fifty cents ~~per patient day~~ if the cost	88383
of construction was less than six thousand eight hundred dollars	88384
per bed but exceeds five thousand one hundred fifty dollars per	88385
bed;	88386

(c) Three dollars and fifty cents ~~per patient day~~ if the cost	88387
of construction was five thousand one hundred fifty dollars or	88388
less per bed, but exceeds three thousand five hundred dollars per	88389
bed;	88390

(d) Two dollars and fifty cents ~~per patient day~~ if the cost	88391
of construction was three thousand five hundred dollars or less	88392
per bed.	88393

(5) For ~~facilities~~ICFs/MR with dates of licensure after	88394
December 31, l978, but prior to January 1, l980, not exceeding:	88395

(a) Six dollars ~~per patient day~~ if the cost of construction	88396
was seven thousand six hundred twenty-five dollars or more per	88397
bed;	88398

(b) Five dollars and fifty cents ~~per patient day~~ if the cost	88399
of construction was less than seven thousand six hundred	88400
twenty-five dollars per bed but exceeds six thousand eight hundred	88401
dollars per bed;	88402

(c) Four dollars and fifty cents ~~per patient day~~ if the cost	88403
of construction was six thousand eight hundred dollars or less per	88404
bed but exceeds five thousand one hundred fifty dollars per bed;	88405

(d) Three dollars and fifty cents ~~per patient day~~ if the cost	88406
of construction was five thousand one hundred fifty dollars or	88407
less but exceeds three thousand five hundred dollars per bed;	88408

(e) Two dollars and fifty cents ~~per patient day~~ if the cost	88409
of construction was three thousand five hundred dollars or less	88410
per bed.	88411

(6) For ~~facilities~~ICFs/MR with dates of licensure after	88412
December 31, 1979, but prior to January 1, 1981, not exceeding:	88413

(a) Twelve dollars ~~per patient day~~ if the beds were	88414
originally licensed as residential facility beds by the department	88415
of developmental disabilities;	88416

(b) Six dollars ~~per patient day~~ if the beds were originally	88417
licensed as nursing home beds by the department of health.	88418

(7) For ~~facilities~~ICFs/MR with dates of licensure after	88419
December 31, 1980, but prior to January 1, 1982, not exceeding:	88420

(a) Twelve dollars ~~per patient day~~ if the beds were	88421
originally licensed as residential facility beds by the department	88422
of developmental disabilities;	88423

(b) Six dollars and forty-five cents ~~per patient day~~ if the	88424
beds were originally licensed as nursing home beds by the	88425
department of health.	88426

(8) For ~~facilities~~ICFs/MR with dates of licensure after	88427
December 31, 1981, but prior to January 1, 1983, not exceeding:	88428

(a) Twelve dollars ~~per patient day~~ if the beds were	88429
originally licensed as residential facility beds by the department	88430
of developmental disabilities;	88431

(b) Six dollars and seventy-nine cents ~~per patient day~~ if the	88432
beds were originally licensed as nursing home beds by the	88433
department of health.	88434

(9) For ~~facilities~~ICFs/MR with dates of licensure after	88435
December 31, 1982, but prior to January 1, 1984, not exceeding:	88436

(a) Twelve dollars ~~per patient day~~ if the beds were	88437
originally licensed as residential facility beds by the department	88438
of developmental disabilities;	88439

(b) Seven dollars and nine cents ~~per patient day~~ if the beds	88440
were originally licensed as nursing home beds by the department of	88441
health.	88442

(10) For ~~facilities~~ICFs/MR with dates of licensure after	88443
December 31, 1983, but prior to January 1, 1985, not exceeding:	88444

(a) Twelve dollars and twenty-four cents ~~per patient day~~ if	88445
the beds were originally licensed as residential facility beds by	88446
the department of developmental disabilities;	88447

(b) Seven dollars and twenty-three cents ~~per patient day~~ if	88448
the beds were originally licensed as nursing home beds by the	88449
department of health.	88450

(11) For ~~facilities~~ICFs/MR with dates of licensure after	88451
December 31, 1984, but prior to January 1, 1986, not exceeding:	88452

(a) Twelve dollars and fifty-three cents ~~per patient day~~ if	88453
the beds were originally licensed as residential facility beds by	88454
the department of developmental disabilities;	88455

(b) Seven dollars and forty cents ~~per patient day~~ if the beds	88456
were originally licensed as nursing home beds by the department of	88457
health.	88458

(12) For ~~facilities~~ICFs/MR with dates of licensure after	88459
December 31, 1985, but prior to January 1, 1987, not exceeding:	88460

(a) Twelve dollars and seventy cents ~~per patient day~~ if the	88461
beds were originally licensed as residential facility beds by the	88462
department of developmental disabilities;	88463

(b) Seven dollars and fifty cents ~~per patient day~~ if the beds	88464
were originally licensed as nursing home beds by the department of	88465
health.	88466

(13) For ~~facilities~~ICFs/MR with dates of licensure after	88467
December 31, 1986, but prior to January 1, 1988, not exceeding:	88468

(a) Twelve dollars and ninety-nine cents ~~per patient day~~ if	88469
the beds were originally licensed as residential facility beds by	88470
the department of developmental disabilities;	88471

(b) Seven dollars and sixty-seven cents ~~per patient day~~ if	88472
the beds were originally licensed as nursing home beds by the	88473
department of health.	88474

(14) For ~~facilities~~ICFs/MR with dates of licensure after	88475
December 31, 1987, but prior to January 1, 1989, not exceeding	88476
thirteen dollars and twenty-six cents ~~per patient day~~;	88477

(15) For ~~facilities~~ICFs/MR with dates of licensure after	88478
December 31, 1988, but prior to January 1, 1990, not exceeding	88479
thirteen dollars and forty-six cents ~~per patient day~~;	88480

(16) For ~~facilities~~ICFs/MR with dates of licensure after	88481
December 31, 1989, but prior to January 1, 1991, not exceeding	88482
thirteen dollars and sixty cents ~~per patient day~~;	88483

(17) For ~~facilities~~ICFs/MR with dates of licensure after	88484
December 31, 1990, but prior to January 1, 1992, not exceeding	88485
thirteen dollars and forty-nine cents ~~per patient day~~;	88486

(18) For ~~facilities~~ICFs/MR with dates of licensure after	88487
December 31, 1991, but prior to January 1, 1993, not exceeding	88488
thirteen dollars and sixty-seven cents ~~per patient day~~;	88489

(19) For ~~facilities~~ICFs/MR with dates of licensure after	88490
December 31, 1992, not exceeding fourteen dollars and twenty-eight	88491
cents ~~per patient day~~.	88492

(C)(1) The costs of ownership per diem payment rate for an	88493
ICF/MR with eight or fewer beds shall not exceed the following	88494
limits:	88495

(a) Eighteen dollars and thirty cents as adjusted for	88496
inflation pursuant to division (C)(2) of this section if any of	88497
the following apply to the ICF/MR:	88498

(i) The ICF/MR has a date of licensure, or was granted	88499
project authorization by the department of developmental	88500
disabilities, before July 1, 1993.	88501

(ii) The ICF/MR has a date of licensure, or was granted	88502
project authorization by the department, on or after July 1, 1993,	88503
and the provider demonstrates that the provider made substantial	88504
commitments of funds for the ICF/MR before that date.	88505

(iii) The ICF/MR has a date of licensure, or was granted	88506
project authorization by the department, on or after July 1, 1993,	88507
the provider made no substantial commitment of funds for the	88508
ICF/MR before that date, and the department of job and family	88509
services or department of developmental disabilities gave prior	88510
approval for the ICF/MR's construction.	88511

(b) If division (C)(1)(a) of this section does not apply to	88512
the ICF/MR, the amount that would apply to the ICF/MR under	88513
division (B) of this section if it had more than eight beds.	88514

(2) The eighteen-dollar and thirty-cent payment rate	88515
specified in division (C)(1)(a) of this section shall be increased	88516
as follows:	88517

(a) For the period beginning June 30, 1990, and ending July	88518
1, 1993, by the change in the "Dodge building cost indexes,	88519
northeastern and north central states," published by Marshall and	88520
Swift;	88521

(b) For each fiscal year thereafter, in accordance with	88522
division (F) of this section.	88523

(D)(1) Beginning January 1, 1981, regardless of the original	88524
date of licensure, the ~~department of job and family services shall~~	88525
~~pay a~~payment rate for the per diem capitalized costs of	88526
nonextensive renovations ~~to intermediate care facilities for the~~	88527
~~mentally retarded~~ made after January 1, l981, to a qualifying	88528
ICF/MR, shall not ~~exceeding~~exceed six dollars per ~~patient~~	88529
medicaid day using 1980 as the base year and adjusting the amount	88530
annually until June 30, 1993, for fluctuations in construction	88531
costs calculated by the department using the "Dodge building cost	88532
indexes, northeastern and north central states," published by	88533
Marshall and Swift. The payment rate shall be further adjusted in	88534
accordance with division (F) of this section. The payment provided	88535
for in this division is the only payment that shall be made for	88536
~~the~~an ICF/MR's capitalized costs of a nonextensive ~~renovation of~~	88537
~~an intermediate care facility for the mentally retarded~~	88538
renovations. ~~Nonextensive renovation costs~~Costs of nonextensive	88539
renovations shall not be included in ~~cost~~costs of ownership, and	88540
~~a nonextensive renovation~~ shall not affect the date of licensure	88541
for purposes of division (B) or (C) of this section. This division	88542
applies to nonextensive renovations regardless of whether they are	88543
made by an owner or a lessee. If the tenancy of a lessee that has	88544
made nonextensive renovations ends before the depreciation expense	88545
for the ~~renovation~~ costs of nonextensive renovations has been	88546
fully reported, the former lessee shall not report the	88547
undepreciated balance as an expense.	88548

~~For a nonextensive renovation to qualify~~(2) An ICF/MR	88549
qualifies for a payment ~~under this division, both~~for costs of	88550
nonextensive renovations if all of the following ~~conditions must~~	88551
~~be met~~apply:	88552

~~(1)~~(a) The ICF/MR has eight or fewer beds.

88553

(b) At least five years have elapsed since the ICF/MR's date	88554
of licensure or date of an extensive renovation of the portion of	88555
the ~~facility~~ICF/MR that is proposed to be nonextensively	88556
renovated, ~~except that this condition does not apply if~~unless the	88557
nonextensive renovation is necessary to meet the requirements of	88558
federal, state, or local statutes, ordinances, rules, or policies.	88559

~~(2)~~(c) The provider ~~has obtained prior approval from the~~	88560
~~department of job and family services. The provider shall submit~~	88561
of the ICF/MR does both of the following:	88562

(i) Submits to the department a plan that describes in detail	88563
the changes in capital assets to be accomplished by means of the	88564
nonextensive renovation and the timetable for completing the	88565
project~~. The time for completion of the project~~, which shall be no	88566
not more than eighteen months after the nonextensive renovation	88567
begins;	88568

(ii) Obtains prior approval from the department for the	88569
nonextensive renovation. ~~The~~	88570

(3) The director of ~~job and family services~~developmental	88571
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	88572
the Revised Code that specify criteria and procedures for prior	88573
approval of nonextensive renovation projects. No provider shall	88574
separate a project with the intent to evade the characterization	88575
of the project as a renovation or as an extensive renovation. No	88576
provider shall increase the scope of a project after it is	88577
approved by the department ~~of job and family services~~ unless the	88578
increase in scope is approved by the department.	88579

(E)(1) Subject to division (E)(2) of this section, an	88580
ICF/MR's per medicaid day efficiency incentive payment rate shall	88581
equal the following percentage of the difference between the	88582
ICF/MR's desk-reviewed, actual, allowable per diem costs of	88583
ownership and the applicable limit on costs of ownership payment	88584
rates established by division (B) of this section:	88585

(a) In the case of an ICF/MR with more than eight beds,	88586
twenty-five per cent;	88587

(b) In the case of an ICF/MR with eight or fewer beds, fifty	88588
per cent.	88589

(2) The efficiency incentive payment rate for an ICF/MR with	88590
eight or fewer beds shall not exceed three dollars per medicaid	88591
day, adjusted annually in accordance with division (F) of this	88592
section. For the purpose of determining an ICF/MR's efficiency	88593
incentive payment rate, both of the following apply:	88594

(a) Depreciation for costs paid or reimbursed by any	88595
government agency shall be considered as a cost of ownership;	88596

(b) The applicable limit under division (B) of this section	88597
shall apply both to ICFs/MR with more than eight beds and ICFs/MR	88598
with eight or fewer beds.	88599

(F) The amounts specified in divisions (B), (C) ~~and~~, (D), and	88600
(E) of this section shall be adjusted beginning July 1, 1993, for	88601
the estimated inflation rate for the twelve-month period beginning	88602
on the first day of July of the calendar year immediately	88603
preceding the calendar year that immediately precedes the fiscal	88604
year for which rate will be paid and ending on the thirtieth day	88605
of the following June, using the consumer price index for shelter	88606
costs for all urban consumers for the north central region, as	88607
published by the United States bureau of labor statistics.	88608

~~(F)(1) For facilities of eight or fewer beds that have dates~~	88609
~~of licensure or have been granted project authorization by the~~	88610
~~department of developmental disabilities before July 1, 1993, and~~	88611
~~for facilities of eight or fewer beds that have dates of licensure~~	88612
~~or have been granted project authorization after that date if the~~	88613
~~providers of the facilities demonstrate that they made substantial~~	88614
~~commitments of funds on or before that date, cost of ownership~~	88615
~~shall not exceed eighteen dollars and thirty cents per resident~~	88616
~~per day. The eighteen-dollar and thirty-cent amount shall be~~	88617
~~increased by the change in the "Dodge building cost indexes,~~	88618
~~northeastern and north central states," published by Marshall and~~	88619
~~Swift, during the period beginning June 30, 1990, and ending July~~	88620
~~1, 1993, and by the change in the consumer price index for shelter~~	88621
~~costs for all urban consumers for the north central region, as~~	88622
~~published by the United States bureau of labor statistics,~~	88623
~~annually thereafter.~~	88624

~~(2) For facilities with eight or fewer beds that have dates~~	88625
~~of licensure or have been granted project authorization by the~~	88626
~~department of developmental disabilities on or after July 1, 1993,~~	88627
~~for which substantial commitments of funds were not made before~~	88628
~~that date, cost of ownership payments shall not exceed the~~	88629
~~applicable amount calculated under division (F)(1) of this~~	88630
~~section, if the department of job and family services gives prior~~	88631
~~approval for construction of the facility. If the department does~~	88632
~~not give prior approval, cost of ownership payments shall not~~	88633
~~exceed the amount specified in division (C) of this section.~~	88634

~~(3)~~(G) Notwithstanding divisions (C) and (D) ~~and (F)(1) and~~	88635
~~(2)~~ of this section, the total payment rate for ~~cost~~costs of	88636
ownership, ~~cost of ownership efficiency incentive, and~~ capitalized	88637
costs of nonextensive renovations, and the efficiency incentive	88638
for an ~~intermediate care facility for the mentally retarded~~	88639
ICF/MR with eight or fewer beds shall not exceed the sum of the	88640
limitations specified in divisions (C) and (D) of this section.	88641

~~(G) Notwithstanding any provision of this section or section~~	88642
~~5111.241 of the Revised Code, the director of job and family~~	88643
~~services may adopt rules under section 5111.02 of the Revised Code~~	88644
~~that provide for a calculation of a combined maximum payment limit~~	88645
~~for indirect care costs and cost of ownership for intermediate~~	88646
~~care facilities for the mentally retarded with eight or fewer~~	88647
~~beds.~~	88648

(H) ~~The department of job and family services shall pay a~~	88649
~~provider for each of the provider's eligible proprietary~~	88650
~~intermediate care facilities for the mentally retarded a return on~~	88651
~~the facility's net equity computed at the rate of one and one-half~~	88652
~~times the average of interest rates on special issues of public~~	88653
~~debt obligations issued to the federal hospital insurance trust~~	88654
~~fund for the cost reporting period. No facility's return on net~~	88655
~~equity paid under this division shall exceed one dollar per~~	88656
~~patient day.~~	88657

~~In calculating the rate for return on net equity, the~~	88658
~~department shall use the greater of the facility's inpatient days~~	88659
~~during the applicable cost reporting period or the number of~~	88660
~~inpatient days the facility would have had during that period if~~	88661
~~its occupancy rate had been ninety-five per cent.~~(1) For the	88662
purpose of determining ICFs/MR's medicaid payment rates for	88663
capital costs:	88664

(a) Buildings shall be depreciated using the straight line	88665
method over forty years or over a different period approved by the	88666
department.	88667

(b) Components and equipment shall be depreciated using the	88668
straight line method over a period designated by the director of	88669
developmental disabilities in rules adopted under section 5124.03	88670
of the Revised Code, consistent with the guidelines of the	88671
American hospital association, or over a different period approved	88672
by the department.	88673

(2) Any rules authorized by division (H)(1) of this section	88674
that specify useful lives of buildings, components, or equipment	88675
apply only to assets acquired on or after July 1, 1993.	88676
Depreciation for costs paid or reimbursed by any government agency	88677
shall not be included in costs of ownership or costs of	88678
nonextensive renovations unless that part of the payment under	88679
this chapter is used to reimburse the government agency.	88680

(I)(1) Except as provided in division (I)(2) of this section,	88681
if a provider leases or transfers an interest in ~~a facility~~an	88682
ICF/MR to another provider who is a related party, the related	88683
party's allowable ~~cost~~costs of ownership shall include the lesser	88684
of the following:	88685

(a) The annual lease expense or actual cost of ownership,	88686
whichever is applicable;	88687

(b) The reasonable cost to the lessor or provider making the	88688
transfer.	88689

(2) If a provider leases or transfers an interest in a	88690
~~facility~~an ICF/MR to another provider who is a related party,	88691
regardless of the date of the lease or transfer, the related	88692
party's allowable cost of ownership shall include the annual lease	88693
expense or actual cost of ownership, whichever is applicable,	88694
subject to the limitations specified in divisions (B) to (H) of	88695
this section, if all of the following conditions are met:	88696

(a) The related party is a relative of owner;

88697

(b) In the case of a lease, if the lessor retains any	88698
ownership interest, it is, except as provided in division	88699
(I)(2)(d)(ii) of this section, in only the real property and any	88700
improvements on the real property;	88701

(c) In the case of a transfer, the provider making the	88702
transfer retains, except as provided in division (I)(2)(d)(iv) of	88703
this section, no ownership interest in the ~~facility~~ICF/MR;	88704

(d) The department ~~of job and family services~~ determines that	88705
the lease or transfer is an arm's length transaction pursuant to	88706
rules adopted under section ~~5111.02~~5124.03 of the Revised Code.	88707
The rules shall provide that a lease or transfer is an arm's	88708
length transaction if all of the following, as applicable, apply:	88709

(i) In the case of a lease, once the lease goes into effect,	88710
the lessor has no direct or indirect interest in the lessee or,	88711
except as provided in division (I)(2)(b) of this section, the	88712
~~facility~~ICF/MR itself, including interest as an owner, officer,	88713
director, employee, independent contractor, or consultant, but	88714
excluding interest as a lessor.	88715

(ii) In the case of a lease, the lessor does not reacquire an	88716
interest in the ~~facility~~ICF/MR except through the exercise of a	88717
lessor's rights in the event of a default. If the lessor	88718
reacquires an interest in the ~~facility~~ICF/MR in this manner, the	88719
department shall treat the ~~facility~~ICF/MR as if the lease never	88720
occurred when the department ~~calculates~~determines its	88721
~~reimbursement rates~~payment rate for capital costs.	88722

(iii) In the case of a transfer, once the transfer goes into	88723
effect, the provider that made the transfer has no direct or	88724
indirect interest in the provider that acquires the ~~facility~~	88725
ICF/MR or the ~~facility~~ICF/MR itself, including interest as an	88726
owner, officer, director, employee, independent contractor, or	88727
consultant, but excluding interest as a creditor.	88728

(iv) In the case of a transfer, the provider that made the	88729
transfer does not reacquire an interest in the ~~facility~~ICF/MR	88730
except through the exercise of a creditor's rights in the event of	88731
a default. If the provider reacquires an interest in the ~~facility~~	88732
ICF/MR in this manner, the department shall treat the ~~facility~~	88733
ICF/MR as if the transfer never occurred when the department	88734
~~calculates~~determines its ~~reimbursement rates~~payment rate for	88735
capital costs.	88736

(v) The lease or transfer satisfies any other criteria	88737
specified in the rules.	88738

(e) Except in the case of hardship caused by a catastrophic	88739
event, as determined by the department, or in the case of a lessor	88740
or provider making the transfer who is at least sixty-five years	88741
of age, not less than twenty years have elapsed since, for the	88742
same ~~facility~~ICF/MR, allowable cost of ownership was determined	88743
most recently under this division.	88744

~~Sec. 5111.23.~~ Sec. 5124.19. (A)(1) The department of ~~job and~~	88745
~~family services~~developmental disabilities shall ~~pay a provider~~	88746
~~for~~prospectively determine each ~~of the provider's eligible~~	88747
~~intermediate care facilities for the mentally retarded a~~ICF/MR's	88748
per ~~resident per~~medicaid day payment rate for direct care costs	88749
~~established prospectively for each facility. The department shall~~	88750
~~establish each facility's rate for direct care costs quarterly~~as	88751
follows:	88752

(a) Multiply the lesser of the following by the ICF/MR's	88753
case-mix score determined or assigned under section 5124.192 of	88754
the Revised Code for the calendar quarter that preceded the	88755
immediately preceding calendar quarter:	88756

(i) The ICF/MR's cost per case-mix unit for the calendar year	88757
immediately preceding the fiscal year in which the rate will be	88758
paid, as determined under division (B) of this section;	88759

(ii) The maximum cost per case-mix unit for the ICF/MR's peer	88760
group for the fiscal year in which the rate will be paid, as set	88761
under division (C) of this section;	88762

(b) Adjust the product determined under division (A)(1)(a) of	88763
this section by the inflation rate estimated under division (D)(1)	88764
of this section and modified under division (D)(2) of this	88765
section.	88766

(2) Except as otherwise directed by law enacted by the	88767
general assembly, the department shall prospectively determine	88768
each ICF/MR's rate for direct care costs for each quarter of every	88769
fiscal year.	88770

(B) ~~Each facility's rate for direct care costs shall be based~~	88771
~~on the facility's cost per case-mix unit, subject to the maximum~~	88772
~~costs per case-mix unit established under division (B)(2) of this~~	88773
~~section, from the calendar year preceding the fiscal year in which~~	88774
~~the rate is paid.~~ To determine ~~the rate, the department shall do~~	88775
~~all of the following:~~	88776

~~(1) Determine each facility's~~an ICF/MR's cost per case-mix	88777
unit for the calendar year immediately preceding the fiscal year	88778
in which the rate will be paid ~~by dividing~~, the ~~facility's~~	88779
department shall divide the ICF/MR's desk-reviewed, actual,	88780
allowable, per diem direct care costs for that calendar year by	88781
its annual average case-mix score determined under section	88782
~~5111.232~~5124.192 of the Revised Code for the same calendar year.	88783

~~(2)(a) Set~~(C)(1) For each fiscal year for which a rate will	88784
be paid, the department shall set the maximum cost per case-mix	88785
unit for each peer group of ~~intermediate care facilities for the~~	88786
~~mentally retarded~~ICFs/MR with more than eight beds ~~specified in~~	88787
~~rules adopted under division (F) of this section~~ at a percentage	88788
above the cost per case-mix unit ofdetermined under division (B)	88789
of this section for the ~~facility~~ICF/MR in the peer group that has	88790
the peer group's median number of medicaid ~~day~~days for the	88791
calendar year immediately preceding the fiscal year in which the	88792
rate will be paid~~, as calculated under division (B)(1) of this~~	88793
~~section, that is~~. The percentage shall be no less than the	88794
percentage ~~calculated under division (E)(2) of this section~~above	88795
the cost per case-mix unit determined under division (B) of this	88796
section for the ICF/MR that has the median number of medicaid days	88797
for calendar year 1992 for all ICFs/MR with more than eight beds	88798
that would result in payment of all desk-reviewed, actual,	88799
allowable direct care costs for eighty and one-half per cent of	88800
the medicaid days for such ICFs/MR for calendar year 1992.	88801

~~(b) Set~~(2) For each fiscal year for which a rate will be	88802
paid, the department shall set the maximum cost per case-mix unit	88803
for each peer group of ~~intermediate care facilities for the~~	88804
~~mentally retarded~~ICFs/MR with eight or fewer beds ~~specified in~~	88805
~~rules adopted under division (F) of this section~~ at a percentage	88806
above the cost per case-mix unit ofdetermined under division (B)	88807
of this section for the ~~facility~~ICF/MR in the peer group that has	88808
the peer group's median number of medicaid ~~day~~days for the	88809
calendar year immediately preceding the fiscal year in which the	88810
rate will be paid~~, as calculated under division (B)(1) of this~~	88811
~~section, that is~~. The percentage shall be no less than the	88812
percentage ~~calculated under division (E)(3) of this section~~above	88813
the cost per case-mix unit determined under division (B) of this	88814
section for the ICF/MR that has the median number of medicaid days	88815
for calendar year 1992 for all ICFs/MR with eight or fewer beds	88816
that would result in payment of all desk-reviewed, actual,	88817
allowable direct care costs for eighty and one-half per cent of	88818
the medicaid days for such ICFs/MR for calendar year 1992.	88819

~~(c)~~(3) In ~~calculating~~determining the maximum cost per	88820
case-mix unit under divisions ~~(B)(2)(a)~~(C)(1) and ~~(b)~~(2) of this	88821
section for each peer group, the department shall exclude from its	88822
~~calculations~~determinations the cost per case-mix unit of any	88823
~~facility~~ICF/MR in the peer group that participated in the	88824
medicaid program under the same ~~operator~~provider for less than	88825
twelve months during the calendar year immediately preceding the	88826
fiscal year in which the rate will be paid.	88827

~~(3) Estimate~~(4) The department shall not reset a peer	88828
group's maximum cost per case-mix unit for a fiscal year under	88829
division (C)(1) or (2) of this section based on additional	88830
information that it receives after it sets the maximum for that	88831
fiscal year. The department shall reset a peer group's maximum	88832
cost per case-mix unit for a fiscal year only if it made an error	88833
in setting the maximum for that fiscal year based on information	88834
available to the department at the time it originally sets the	88835
maximum for that fiscal year.	88836

(D)(1) The department shall estimate the rate of inflation	88837
for the eighteen-month period beginning on the first day of July	88838
of the calendar year preceding the fiscal year in which ~~the~~a rate	88839
will be paid and ending on the thirty-first day of December of the	88840
fiscal year in which the rate will be paid, using the ~~index~~	88841
~~specified in division (C) of this section. If the estimated~~	88842
~~inflation rate for the eighteen-month period is different from the~~	88843
~~actual inflation rate for that period, as measured using the same~~	88844
~~index, the difference shall be added to or subtracted from the~~	88845
~~inflation rate estimated under division (B)(3) of this section for~~	88846
~~the following fiscal year.~~	88847

~~(4) The department shall not recalculate a maximum cost per~~	88848
~~case-mix unit under division (B)(2) of this section or a~~	88849
~~percentage under division (E) of this section based on additional~~	88850
~~information that it receives after the maximum costs per case-mix~~	88851
~~unit or percentages are set. The department shall recalculate a~~	88852
~~maximum cost per case-mix units or percentage only if it made an~~	88853
~~error in computing the maximum cost per case-mix unit or~~	88854
~~percentage based on information available at the time of the~~	88855
~~original calculation.~~	88856

~~(C) The department shall use the~~ following ~~index for the~~	88857
~~purpose of division (B)(3) of this section~~:	88858

~~(1) The~~(a) Subject to division (D)(1)(b) of this section,	88859
the employment cost index for total compensation, health services	88860
component, published by the United States bureau of labor	88861
statistics;	88862

~~(2)~~(b) If the United States bureau of labor statistics ceases	88863
to publish the index specified in division ~~(C)~~(D)(1)(a) of this	88864
section, the index that is subsequently published by the bureau	88865
and covers ~~nursing facilities'~~the staff costs of ICFs/MR.	88866

~~(D) Each facility's rate for direct care costs shall be~~	88867
~~determined as follows for each calendar quarter within a fiscal~~	88868
~~year:~~	88869

~~(1) Multiply the lesser of the following by the facility's~~	88870
~~average case-mix score determined under section 5111.232 of the~~	88871
~~Revised Code for the calendar quarter that preceded the~~	88872
~~immediately preceding calendar quarter:~~	88873

~~(a) The facility's cost per case-mix unit for the calendar~~	88874
~~year preceding the fiscal year in which the rate will be paid, as~~	88875
~~determined under division (B)(1) of this section;~~	88876

~~(b) The maximum cost per case-mix unit established for the~~	88877
~~fiscal year in which the rate will be paid for the facility's peer~~	88878
~~group under division (B)(2) of this section;~~	88879

~~(2) Adjust the product determined under division (D)(1) of~~	88880
~~this section by the inflation rate estimated under division (B)(3)~~	88881
~~of this section.~~	88882

~~(E)(1) The department shall calculate the percentage above~~	88883
~~the median cost per case-mix unit determined under division (B)(1)~~	88884
~~of this section for the facility that has the median medicaid day~~	88885
~~for calendar year 1992 for all intermediate care facilities for~~	88886
~~the mentally retarded with more than eight beds that would result~~	88887
~~in payment of all desk-reviewed, actual, allowable direct care~~	88888
~~costs for eighty and one-half per cent of the medicaid days for~~	88889
~~such facilities for calendar year 1992.~~	88890

~~(2) The department shall calculate the percentage above the~~	88891
~~median cost per case-mix unit determined under division (B)(1) of~~	88892
~~this section for the facility that has the median medicaid day for~~	88893
~~calendar year 1992 for all intermediate care facilities for the~~	88894
~~mentally retarded with eight or fewer beds that would result in~~	88895
~~payment of all desk-reviewed, actual, allowable direct care costs~~	88896
~~for eighty and one-half per cent of the medicaid days for such~~	88897
~~facilities for calendar year 1992.~~	88898

~~(F)~~(2) If the estimated inflation rate for the eighteen-month	88899
period specified in division (D)(1) of this section is different	88900
from the actual inflation rate for that period, as measured using	88901
the same index, the difference shall be added to or subtracted	88902
from the inflation rate estimated under division (D)(1) of this	88903
section for the following fiscal year.	88904

(E) The director of ~~job and family services~~developmental	88905
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	88906
the Revised Code that specify peer groups of ~~intermediate care~~	88907
~~facilities for the mentally retarded~~ICFs/MR with more than eight	88908
beds and ~~intermediate care facilities for the mentally retarded~~	88909
peer groups of ICFs/MR with eight or fewer beds, based on findings	88910
of significant per diem direct care cost differences due to	88911
geography and ~~facility~~ bed-size. The rules also may specify peer	88912
groups based on findings of significant per diem direct care cost	88913
differences due to other factors which may include case-mix.	88914

~~(G) The department, in accordance with division (D) of~~	88915
~~section 5111.232 of the Revised Code and rules adopted under~~	88916
~~division (F) of that section, may assign case-mix scores or costs~~	88917
~~per case-mix unit if a provider fails to submit assessment data~~	88918
~~necessary to calculate an intermediate care facility for the~~	88919
~~mentally retarded's case-mix score in accordance with that~~	88920
~~section.~~	88921

Sec. 5124.191. Each calendar quarter, each ICF/MR provider	88922
shall compile complete assessment data for each resident of each	88923
of the provider's ICFs/MR, regardless of payment source, who is in	88924
the ICF/MR, or on hospital or therapeutic leave from the ICF/MR,	88925
on the last day of the quarter. A resident assessment instrument	88926
specified in rules adopted under section 5124.03 of the Revised	88927
Code shall be used to compile the resident assessment data. Each	88928
provider shall submit the resident assessment data to the	88929
department of developmental disabilities not later than fifteen	88930
days after the end of the calendar quarter for which the data is	88931
compiled. The resident assessment data shall be submitted to the	88932
department through the medium or media specified in rules adopted	88933
under section 5124.03 of the Revised Code.	88934

Sec. 5124.192. (A) Except as provided in division (B) of	88935
this section, the department of developmental disabilities shall	88936
do both of the following:	88937

(1) For each calendar quarter, determine a case-mix score for	88938
each ICF/MR using the resident assessment data submitted to the	88939
department under section 5124.191 of the Revised Code and the	88940
grouper methodology prescribed in rules authorized by this	88941
section;	88942

(2) After the end of each calendar year and in accordance	88943
with rules authorized by this section, determine an annual average	88944
case-mix score for each ICF/MR using the ICF/MR's quarterly	88945
case-mix scores for that calendar year.	88946

(B)(1) Subject to division (B)(2) of this section, the	88947
department, for one or more months of a calendar quarter, may	88948
assign to an ICF/MR a case-mix score that is five per cent less	88949
than the ICF/MR's case-mix score for the immediately preceding	88950
calendar quarter if any of the following apply:	88951

(a) The provider does not timely submit complete and accurate	88952
resident assessment data necessary to determine the ICF/MR's	88953
case-mix score for the calendar quarter;	88954

(b) The ICF/MR was subject to an exception review under	88955
section 5124.193 of the Revised Code for the immediately preceding	88956
calendar quarter;	88957

(c) The ICF/MR was assigned a case-mix score for the	88958
immediately preceding calendar quarter.	88959

(2) Before assigning a case-mix score to an ICF/MR due to the	88960
submission of incorrect resident assessment data, the department	88961
shall permit the provider to correct the data. The department may	88962
assign the case-mix score if the provider fails to submit the	88963
corrected resident assessment data not later than eighty days	88964
after the end of the calendar quarter to which the data pertains	88965
or later due date specified in rules authorized by this section.	88966

(3) If, for more than six months during a calendar year, a	88967
provider is paid a rate determined for an ICF/MR using a case-mix	88968
score assigned to the ICF/MR under division (B)(1) of this	88969
section, the department may assign the ICF/MR a cost per case-mix	88970
unit that is five per cent less than the ICF/MR's actual or	88971
assigned cost per case-mix unit for the immediately preceding	88972
calendar year. The department may use the assigned cost per	88973
case-mix unit, instead of determining the ICF/MR's actual cost per	88974
case-mix unit in accordance with section 5124.19 of the Revised	88975
Code, to establish the ICF/MR's rate for direct care costs for the	88976
fiscal year immediately following the calendar year for which the	88977
cost per case-mix unit is assigned.	88978

(4) The department shall take action under division (B)(1),	88979
(2), or (3) of this section only in accordance with rules	88980
authorized by this section. The department shall not take an	88981
action that affects medicaid payment rates for prior payment	88982
periods except in accordance with sections 5124.41 and 5124.42 of	88983
the Revised Code.	88984

(C) The director of developmental disabilities shall adopt	88985
rules under section 5124.03 of the Revised Code as necessary to	88986
implement this section.	88987

(1) The rules shall do all of the following:

88988

(a) Prescribe a grouper methodology to be used when	88989
determining the case-mix scores for ICFs/MR;	88990

(b) Specify the process for determining the annual average	88991
case-mix scores for ICFs/MR;	88992

(c) Establish procedures under which resident assessment data	88993
is to be reviewed for accuracy and providers are to be notified of	88994
any data that requires correction;	88995

(d) Establish procedures for providers to correct resident	88996
assessment data and, if necessary, specify a due date for	88997
corrections that is later than the due date specified in division	88998
(B)(2) of this section.	88999

(e) Specify when and how the department will assign a	89000
case-mix score or cost per case-mix unit to an ICF/MR under	89001
division (B) of this section if information necessary to calculate	89002
the ICF/MR's case-mix score is not provided or corrected in	89003
accordance with the procedures established by the rules.	89004

(2) Notwithstanding any other provision of this chapter, the	89005
rules may provide for excluding case-mix scores assigned to an	89006
ICF/MR under division (B) of this section from the determination	89007
of the ICF/MR's annual average case-mix score and the maximum cost	89008
per case-mix unit for the ICF/MR's peer group.	89009

Sec. 5124.193. (A) The department of developmental	89010
disabilities may, pursuant to rules authorized by this section,	89011
conduct an exception review of resident assessment data submitted	89012
by an ICF/MR provider under section 5124.191 of the Revised Code.	89013
The department may conduct an exception review based on the	89014
findings of a medicaid certification survey conducted by the	89015
department of health, a risk analysis, or prior performance of the	89016
provider.	89017

Exception reviews shall be conducted at the ICF/MR by	89018
appropriate health professionals under contract with or employed	89019
by the department. The professionals may review resident	89020
assessment forms and supporting documentation, conduct interviews,	89021
and observe residents to identify any patterns or trends of	89022
inaccurate resident assessments and resulting inaccurate case-mix	89023
scores.	89024

(B) If an exception review is conducted before the effective	89025
date of an ICF/MR's rate for direct care costs that is based on	89026
the resident assessment data being reviewed and the review results	89027
in findings that exceed tolerance levels specified in the rules	89028
authorized by this section, the department, in accordance with the	89029
rules authorized by this section, may use the findings to	89030
redetermine individual resident case-mix scores, the ICF/MR's	89031
case-mix score for the quarter, and the ICF/MR's annual average	89032
case-mix score. The department may use the ICF/MR's redetermined	89033
quarterly and annual average case-mix scores to determine the	89034
ICF/MR's rate for direct care costs for the appropriate calendar	89035
quarter or quarters.	89036

(C) The department shall prepare a written summary of any	89037
exception review finding that is made after the effective date of	89038
an ICF/MR's rate for direct care costs that is based on the	89039
resident assessment data that was reviewed. Where the provider is	89040
pursuing judicial or administrative remedies in good faith	89041
regarding the finding, the department shall not withhold from the	89042
provider's current payments any amounts the department claims to	89043
be due from the provider pursuant to section 5124.41 of the	89044
Revised Code.	89045

(D)(1) The director of developmental disabilities shall adopt	89046
rules under section 5124.03 of the Revised Code as necessary to	89047
implement this section. The rules shall establish an exception	89048
review program that does all of the following:	89049

(a) Requires each exception review to comply with Title XIX;

89050

(b) Requires a written summary for each exception review that	89051
states whether resident assessment forms have been completed	89052
accurately;	89053

(c) Prohibits each health professional who conducts an	89054
exception review from doing either of the following:	89055

(i) During the period of the professional's contract or	89056
employment with the department, having or being committed to	89057
acquire any direct or indirect financial interest in the	89058
ownership, financing, or operation of ICFs/MR in this state;	89059

(ii) Reviewing any provider that has been a client of the	89060
professional.	89061

(2) For the purposes of division (D)(1)(c)(i) of this	89062
section, employment of a member of a health professional's family	89063
by an ICF/MR that the professional does not review does not	89064
constitute a direct or indirect financial interest in the	89065
ownership, financing, or operation of the ICF/MR.	89066

~~Sec. 5111.233.~~ Sec. 5124.194. The costs of day programming shall	89067
be part of the direct care costs of an ~~intermediate care facility~~	89068
~~for the mentally retarded~~ICF/MR as off-site day programming if	89069
the area in which the day programming is provided is not certified	89070
by the director of health as an ~~intermediate care facility for the~~	89071
~~mentally retarded~~ICF/MR under Title XIX and regardless of either	89072
of the following:	89073

(A) Whether or not the area in which the day programming is	89074
provided is less than two hundred feet away from the ~~intermediate~~	89075
~~care facility for the mentally retarded~~ICF/MR;	89076

(B) Whether or not the day programming is provided by an	89077
individual who, or organization that, is a related party to the	89078
provider of the ~~intermediate care facility for the mentally~~	89079
~~retarded~~ICF/MR.	89080

~~Sec. 5111.241.~~ Sec. 5124.21. (A) ~~The~~For each fiscal year, the	89081
department of ~~job and family services~~developmental disabilities	89082
shall ~~pay a provider for~~prospectively determine each ~~of the~~	89083
~~provider's eligible intermediate care facilities for the mentally~~	89084
~~retarded a~~ICF/MR's per ~~resident per~~medicaid day payment rate	89085
for indirect care costs ~~established prospectively each fiscal year~~	89086
~~for each facility~~. ~~The~~Subject to section 5124.28 of the Revised	89087
Code, an ICF/MR's rate ~~for each intermediate care facility for the~~	89088
~~mentally retarded~~ shall be the ~~sum of the following, but shall not~~	89089
~~exceed~~lesser of the individual rate determined under division (B)	89090
of this section and the maximum rate ~~established~~determined for	89091
the ~~facility's~~ICF/MR's peer group under division ~~(B)~~(C) of this	89092
section.	89093

(B) An ICF/MR's individual rate is the sum of the following:

89094

(1) The ~~facility's~~ICF/MR's desk-reviewed, actual, allowable,	89095
per diem indirect care costs from the calendar year immediately	89096
preceding the fiscal year in which the rate will be paid, adjusted	89097
for the inflation rate estimated under division ~~(C)~~(D)(1) of this	89098
section;	89099

(2) An efficiency incentive in the following amount:

89100

(a) ~~For fiscal years ending in even-numbered calendar years:~~

89101

~~(i) In the case of intermediate care facilities for the~~	89102
~~mentally retarded with~~If the ICF/MR has more than eight beds,	89103
the following:	89104

(i) For fiscal year 2014, seven and one-tenth per cent of the	89105
maximum rate established for the ~~facility's~~ICF/MR's peer group	89106
under division ~~(B)~~(C) of this section;	89107

(ii) ~~In the case of intermediate care facilities for the~~	89108
~~mentally retarded with~~For fiscal years 2015 and 2016 and each	89109
fiscal year thereafter ending in an even-numbered calendar year,	89110
three and fifty-five hundredths per cent of the maximum rate	89111
established for the ICF/MR's peer group under division (C) of this	89112
section;	89113

(iii) For fiscal year 2017 and each fiscal year thereafter	89114
ending in an odd-numbered calendar year, the amount calculated for	89115
the immediately preceding fiscal year under division (B)(2)(a)(ii)	89116
of this section.	89117

(b) If the ICF/MR has eight or fewer beds, the following:

89118

(i) For each fiscal year ending in an even-numbered calendar	89119
year, seven per cent of the maximum rate established for the	89120
~~facility's~~ICF/MR's peer group under division ~~(B)~~(C) of this	89121
section;	89122

~~(b)~~(ii) For each fiscal ~~years~~year ending in an odd-numbered	89123
calendar ~~years~~year, the amount calculated for the immediately	89124
preceding fiscal year under division ~~(A)~~(B)(2)~~(a)~~(b)(i) of this	89125
section.	89126

~~(B)~~(C)(1) The maximum rate for indirect care costs for each	89127
peer group of ~~intermediate care facilities for the mentally~~	89128
~~retarded~~ICFs/MR with more than eight beds ~~specified in rules~~	89129
~~adopted under division (D) of this section~~ shall be determined as	89130
follows:	89131

(a) For each fiscal ~~years~~year ending in an even-numbered	89132
calendar ~~years~~year, the maximum rate for each such peer group	89133
shall be the rate that is no less than twelve and four-tenths per	89134
cent above the median desk-reviewed, actual, allowable, per diem	89135
indirect care cost for all ~~intermediate care facilities for the~~	89136
~~mentally retarded with more than eight beds~~ICFs/MR in the peer	89137
group,(excluding ~~facilities~~ICFs/MR in the peer group whose	89138
indirect care costs for that period are more than three standard	89139
deviations from the mean desk-reviewed, actual, allowable, per	89140
diem indirect care cost for all ~~intermediate care facilities for~~	89141
~~the mentally retarded~~ICFs/MR with more than eight beds,) for the	89142
calendar year immediately preceding the fiscal year in which the	89143
rate will be paid, adjusted by the inflation rate estimated under	89144
division ~~(C)~~(D)(1) of this section.	89145

(b) For each fiscal ~~years~~year ending in an odd-numbered	89146
calendar ~~years~~year, the maximum rate for each such peer group is	89147
the peer group's maximum rate for the previous fiscal year,	89148
adjusted for the inflation rate estimated under division ~~(C)~~(D)(2)	89149
of this section.	89150

(2) The maximum rate for indirect care costs for each peer	89151
group of ~~intermediate care facilities for the mentally retarded~~	89152
ICFs/MR with eight or fewer beds ~~specified in rules adopted under~~	89153
~~division (D) of this section~~ shall be determined as follows:	89154

(a) For each fiscal ~~years~~year ending in an even-numbered	89155
calendar ~~years~~year, the maximum rate for each such peer group	89156
shall be the rate that is no less than ten and three-tenths per	89157
cent above the median desk-reviewed, actual, allowable, per diem	89158
indirect care cost for all ~~intermediate care facilities for the~~	89159
~~mentally retarded with eight or fewer beds~~ICFs/MR in the peer	89160
group,(excluding ~~facilities~~ICFs/MR in the peer group whose	89161
indirect care costs are more than three standard deviations from	89162
the mean desk-reviewed, actual, allowable, per diem indirect care	89163
cost for all ~~intermediate care facilities for the mentally~~	89164
~~retarded~~ICFs/MR with eight or fewer beds,) for the calendar year	89165
immediately preceding the fiscal year in which the rate will be	89166
paid, adjusted by the inflation rate estimated under division	89167
~~(C)~~(D)(1) of this section.	89168

(b) For each fiscal ~~years that end~~year ending in an	89169
odd-numbered calendar ~~years~~year, the maximum rate for each such	89170
peer group is the peer group's maximum rate for the previous	89171
fiscal year, adjusted for the inflation rate estimated under	89172
division ~~(C)~~(D)(2) of this section.	89173

(3) The department shall not ~~recalculate~~redetermine a	89174
maximum rate for indirect care costs under division ~~(B)~~(C)(1) or	89175
(2) of this section based on additional information that it	89176
receives after the maximum rate is set. The department shall	89177
~~recalculate~~redetermine the maximum rate for indirect care costs	89178
only if it made an error in computing the maximum rate based on	89179
the information available to the department at the time of the	89180
original calculation.	89181

~~(C)~~(D)(1) When adjusting rates for inflation under divisions	89182
~~(A)~~(B)(1), ~~(B)~~(C)(1)(a), and ~~(B)~~(C)(2)(a) of this section, the	89183
department shall estimate the rate of inflation for the	89184
eighteen-month period beginning on the first day of July of the	89185
calendar year immediately preceding the fiscal year in which the	89186
rate will be paid and ending on the thirty-first day of December	89187
of the fiscal year in which the rate will be paid. To estimate the	89188
rate of inflation, the department shall use the following:	89189

(a) ~~The~~Subject to division (D)(1)(b) of this section, the	89190
consumer price index for all items for all urban consumers for the	89191
north central region, published by the United States bureau of	89192
labor statistics;	89193

(b) If the United States bureau of labor statistics ceases to	89194
publish the index specified in division ~~(C)~~(D)(1)(a) of this	89195
section, a comparable index that the bureau publishes and the	89196
department determines is appropriate.	89197

(2) When adjusting rates for inflation under divisions	89198
~~(B)~~(C)(1)(b) and ~~(B)~~(C)(2)(b) of this section, the department	89199
shall estimate the rate of inflation for the twelve-month period	89200
beginning on the first day of January of the fiscal year	89201
immediately preceding the fiscal year in which the rate will be	89202
paid and ending on the thirty-first day of December of the fiscal	89203
year in which the rate will be paid. To estimate the rate of	89204
inflation, the department shall use the following:	89205

(a) ~~The~~Subject to division (D)(2)(b) of this section, the	89206
consumer price index for all items for all urban consumers for the	89207
north central region, published by the United States bureau of	89208
labor statistics;	89209

(b) If the United States bureau of labor statistics ceases to	89210
publish the index specified in division ~~(C)~~(D)(2)(a) of this	89211
section, a comparable index that the bureau publishes and the	89212
department determines is appropriate.	89213

(3) If an inflation rate estimated under division ~~(C)~~(D)(1)	89214
or (2) of this section is different from the actual inflation rate	89215
for the relevant time period, as measured using the same index,	89216
the difference shall be added to or subtracted from the inflation	89217
rate estimated pursuant to this division for the following fiscal	89218
year.	89219

~~(D)~~(E) The director of ~~job and family services~~developmental	89220
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	89221
the Revised Code that specify peer groups of ~~intermediate care~~	89222
~~facilities for the mentally retarded~~ICFs/MR with more than eight	89223
beds, and peer groups of ~~intermediate care facilities for the~~	89224
~~mentally retarded~~ICFs/MR with eight or fewer beds, based on	89225
findings of significant per diem indirect care cost differences	89226
due to geography and ~~facility~~ bed-size. The rules also may specify	89227
peer groups based on findings of significant per diem indirect	89228
care cost differences due to other factors, including case-mix.	89229

~~Sec. 5111.235.~~ Sec. 5124.23. (A) ~~The~~For each fiscal year, the	89230
department of ~~job and family services~~developmental disabilities	89231
shall ~~pay a provider for~~prospectively determine each ~~of the~~	89232
~~provider's eligible intermediate care facilities for the mentally~~	89233
~~retarded a~~ICF/MR's per ~~resident per~~medicaid day payment rate	89234
for other protected costs ~~established prospectively each fiscal~~	89235
~~year for each facility~~. ~~The~~An ICF/MR's rate ~~for each facility~~	89236
shall be the ~~facility's~~ICF/MR's desk-reviewed, actual, allowable,	89237
per diem other protected costs from the calendar year immediately	89238
preceding the fiscal year in which the rate will be paid, all	89239
adjusted for the estimated inflation rate for the eighteen-month	89240
period beginning on the first day of July of the calendar year	89241
immediately preceding the fiscal year in which the rate will be	89242
paid and ending on the thirty-first day of December of that fiscal	89243
year. The department shall estimate inflation using the index	89244
specified in division (B) of this section. If the estimated	89245
inflation rate for the eighteen-month period is different from the	89246
actual inflation rate for that period, the difference shall be	89247
added to or subtracted from the inflation rate estimated for the	89248
following year.	89249

(B) The department shall use the following index for the	89250
purpose of division (A) of this section:	89251

(1) ~~The~~Subject to division (B)(2) of this section, the	89252
consumer price index for all urban consumers for nonprescription	89253
drugs and medical supplies, as published by the United States	89254
bureau of labor statistics;	89255

(2) If the United States bureau of labor statistics ceases to	89256
publish the index specified in division (B)(1) of this section,	89257
the index that is subsequently published by the bureau and covers	89258
nonprescription drugs and medical supplies.	89259

Sec. 5124.25. (A) Subject to division (D) of this section,	89260
the department of developmental disabilities may pay a medicaid	89261
rate add-on to an ICF/MR provider for outlier ICF/MR services the	89262
ICF/MR provides to qualifying ventilator-dependent residents on or	89263
after July 1, 2014, if the provider applies to the department of	89264
developmental disabilities to receive the rate add-on and the	89265
department approves the application. The department of	89266
developmental disabilities may approve a provider's application if	89267
all of the following apply:	89268

(1) The provider submits to the department of developmental	89269
disabilities a best practices protocol for providing outlier	89270
ICF/MR services under this section and the department of	89271
developmental disabilities determines that the protocol is	89272
acceptable;	89273

(2) The provider executes with the department of medicaid an	89274
addendum to its provider agreement for the ICF/MR regarding the	89275
outlier ICF/MR services;	89276

(3) The provider and ICF/MR meet all other eligibility	89277
requirements for the rate add-on established in rules authorized	89278
by this section.	89279

(B) An ICF/MR that has been approved by the department of	89280
developmental disabilities to provider outlier ICF/MR services	89281
under this section shall provide the services in accordance with	89282
both of the following:	89283

(1) The best practices protocol the department of	89284
developmental disabilities determined is acceptable;	89285

(2) Requirements regarding the services established in rules	89286
authorized by this section.	89287

(C) To qualify to receive outlier ICF/MR services from an	89288
ICF/MR under this section, a resident of the ICF/MR must be a	89289
medicaid recipient, be under twenty-two years of age, be dependent	89290
on a ventilator, and meet all other eligibility requirements	89291
established in rules authorized by this section.	89292

(D) The department of developmental disabilities shall	89293
negotiate the amount of the medicaid payment rate add-on, if any,	89294
to be paid under this section, or the method by which that amount	89295
is to be determined, with the department of medicaid. The	89296
department of developmental disabilities shall not pay the rate	89297
add-on unless the department has approved the amount of the rate	89298
add-on or method by which the amount is to be determined.	89299

Sec. 5124.28. Notwithstanding any provision of section	89300
5124.17 or 5124.21 of the Revised Code, the director of	89301
developmental disabilities may adopt rules under section 5124.03	89302
of the Revised Code that provide for the determination of a	89303
combined maximum payment limit for indirect care costs and costs	89304
of ownership for ICFs/MR with eight or fewer beds.	89305

~~Sec. 5111.263.~~ Sec. 5124.29. Except as otherwise provided in	89306
section ~~5111.264~~5124.30 of the Revised Code, the department of	89307
~~job and family services~~developmental disabilities, in determining	89308
whether an ~~intermediate care facility for the mentally retarded's~~	89309
ICF/MR's direct care costs and indirect care costs are allowable,	89310
shall place no limit on specific categories of reasonable costs	89311
other than compensation of owners, compensation of relatives of	89312
owners, and compensation of administrators.	89313

Compensation cost limits for owners and relatives of owners	89314
shall be based on compensation costs for individuals who hold	89315
comparable positions but who are not owners or relatives of	89316
owners, as reported on ~~facility~~ICFs/MR's cost reports. As used in	89317
this section, "comparable position" means the position that is	89318
held by the owner or the owner's relative, if that position is	89319
listed separately on the cost report form, or if the position is	89320
not listed separately, the group of positions that is listed on	89321
the cost report form and that includes the position held by the	89322
owner or the owner's relative. In the case of an owner or owner's	89323
relative who serves the ~~facility~~ICFs/MR in a capacity such as	89324
corporate officer, proprietor, or partner for which no comparable	89325
position or group of positions is listed on the cost report form,	89326
the compensation cost limit shall be based on civil service	89327
equivalents and shall be specified in rules adopted under section	89328
~~5111.02~~5124.03 of the Revised Code.	89329

Compensation cost limits for administrators shall be based on	89330
compensation costs for administrators who are not owners or	89331
relatives of owners, as reported on ~~facility~~ICFs/MR's cost	89332
reports. Compensation cost limits for administrators of four or	89333
more ~~intermediate care facilities for the mentally retarded~~	89334
ICFs/MR shall be the same as the limits for administrators of	89335
~~intermediate care facilities for the mentally retarded~~ICFs/MR	89336
with one hundred fifty or more beds.	89337

Sec. 5124.30. Except as provided in section 5124.17 of the	89338
Revised Code, the costs of goods, services, and facilities,	89339
furnished to an ICF/MR provider by a related party are includable	89340
in the allowable costs of the provider at the reasonable cost to	89341
the related party.	89342

Sec. 5124.31. The department of developmental disabilities	89343
shall adjust medicaid payment rates determined under this chapter	89344
to account for reasonable additional costs that must be incurred	89345
by ICFs/MR to comply with requirements of federal or state	89346
statutes, rules, or policies enacted or amended after January 1,	89347
1992, or with orders issued by state or local fire authorities.	89348

Sec. 5124.32. The department of developmental disabilities	89349
shall not reduce an ICF/MR's medicaid payment rate determined	89350
under this chapter on the basis that the provider charges a lower	89351
rate to any resident who is not eligible for medicaid.	89352

Sec. 5124.33. No medicaid payment shall be made to an ICF/MR	89353
provider for the day a medicaid recipient is discharged from the	89354
ICF/MR.	89355

~~Sec. 5111.33.~~ Sec. 5124.34. ~~Reimbursement to a~~(A) The department	89356
of developmental disabilities shall pay an ICF/MR provider ~~of an~~	89357
~~intermediate care facility for the mentally retarded under~~	89358
~~sections 5111.20 to 5111.331 of the Revised Code shall include~~	89359
~~payments to the provider, at a rate equal to the percentage~~one	89360
hundred per cent of the ~~per resident~~total per medicaid day ~~rates~~	89361
~~that the department of job and family services has established~~	89362
payment rate determined for the ~~provider's facility~~ICF/MR under	89363
~~sections 5111.20 to 5111.331 of the Revised Code for the fiscal~~	89364
~~year for which the cost of services is reimbursed,~~this chapter to	89365
reserve a bed for a resident who is a medicaid recipient ~~during a~~	89366
~~temporary absence under conditions prescribed by the department,~~	89367
~~to include hospitalization for an acute condition, visits with~~	89368
~~relatives and friends, and participation in therapeutic programs~~	89369
~~outside the facility, when the~~if all of the following apply:	89370

(1) The recipient is temporarily absent from the ICF/MR for a	89371
reason that makes the absence qualified for payments under this	89372
section as specified in rules authorized by this section;	89373

(2) The resident's plan of care provides for ~~such~~the absence	89374
~~and federal~~;	89375

(3) Federal financial participation ~~in the payments~~ is	89376
available for the payments. ~~The~~	89377

(B) The maximum period during which medicaid payments may be	89378
made to reserve a bed shall not exceed the maximum period	89379
specified ~~under~~in federal regulations, and shall not be more	89380
than thirty days during any calendar year for hospital stays,	89381
visits with relatives and friends, and participation in	89382
therapeutic ~~programs.~~	89383

~~Recipients~~programs. However, a resident shall not be subject	89384
to a maximum period during which payments may be made to reserve a	89385
bed ~~in an intermediate care facility for the mentally retarded~~ if	89386
prior authorization of the department is obtained for hospital	89387
stays, visits with relatives and friends, and participation in	89388
therapeutic programs. ~~The~~	89389

(C)(1) The director of ~~job and family services~~developmental	89390
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	89391
the Revised Code ~~establishing~~as necessary to implement this	89392
section, including rules that do the following:	89393

(a) Specify the reasons for which a temporary absence from an	89394
ICF/MR makes the absence qualify for payments under this section;	89395

(b) Establish conditions under which prior authorization may	89396
be obtained for the purpose of division (B) of this section.	89397

(2) The rules authorized by division (C)(1)(a) of this	89398
section shall include the following as reasons for which a	89399
temporary absence from an ICF/MR qualifies for payments under this	89400
section:	89401

(a) Hospitalization for acute conditions;

89402

(b) Visits with relatives and friends;

89403

89404

Sec. 5124.35. Medicaid payments may be made for ICF/MR	89405
services provided not later than thirty days after the effective	89406
date of an involuntary termination of the ICF/MR that provides the	89407
services if the services are provided to a medicaid recipient who	89408
is eligible for the services and resided in the ICF/MR before the	89409
effective date of the involuntary termination.	89410

Sec. 5124.37. The department of developmental disabilities	89411
shall make its best efforts each year to determine ICFs/MR's	89412
medicaid payment rates under this chapter in time to pay the rates	89413
by August fifteenth of each fiscal year. If the department is	89414
unable to calculate the rates so that they can be paid by that	89415
date, the department shall pay each provider the rate calculated	89416
for the provider's ICFs/MR under those sections at the end of the	89417
previous fiscal year. If the department also is unable to	89418
calculate the rates to make the payments due by the fifteenth day	89419
of September and the fifteenth day of October, the department	89420
shall pay the previous fiscal year's rate to make those payments.	89421
The department may increase by five per cent the previous fiscal	89422
year's rate paid for any ICF/MR pursuant to this section at the	89423
request of the provider. The department shall use rates calculated	89424
for the current fiscal year to make the payments due by the	89425
fifteenth day of November.	89426

If an ICF/MR's medicaid payment rate paid under this section	89427
is lower than the rate calculated for it for the current fiscal	89428
year, the department shall pay the provider the difference between	89429
the two rates for the number of days for which the provider is	89430
paid the lower rate. If an ICF/MR's medicaid payment rate paid	89431
under this section is higher than the rate calculated for it for	89432
the current fiscal year, the provider shall refund to the	89433
department the difference between the two rates for the number of	89434
days for which the provider is paid the higher rate.	89435

Sec. 5124.38. (A) The director of developmental disabilities	89436
shall establish a process under which an ICF/MR provider, or a	89437
group or association of ICF/MR providers, may seek reconsideration	89438
of medicaid payment rates established under this chapter,	89439
including a rate for direct care costs redetermined before the	89440
effective date of the rate as a result of an exception review	89441
conducted under section 5124.193 of the Revised Code. Except as	89442
provided in divisions (B) to (D) of this section, the only issue	89443
that a provider, group, or association may raise in the rate	89444
reconsideration is whether the rate was calculated in accordance	89445
with this chapter and the rules adopted under section 5124.03 of	89446
the Revised Code. The provider, group, or association may submit	89447
written arguments or other materials that support its position.	89448
The provider, group, or association and department shall take	89449
actions regarding the rate reconsideration within time frames	89450
specified in rules authorized by this section.	89451

If the department determines, as a result of the rate	89452
reconsideration, that the rate established for one or more ICFs/MR	89453
is less than the rate to which the ICF/MR is entitled, the	89454
department shall increase the rate. If the department has paid the	89455
incorrect rate for a period of time, the department shall pay the	89456
provider of the ICF/MR the difference between the amount the	89457
provider was paid for that period for the ICF/MR and the amount	89458
the provider should have been paid for the ICF/MR.	89459

(B)(1) The department, through the rate reconsideration	89460
process, may increase during a fiscal year the medicaid payment	89461
rate determined for an ICF/MR under this chapter if the provider	89462
demonstrates that the ICF/MR's actual, allowable costs have	89463
increased because of any of the following extreme circumstances:	89464

(a) A natural disaster;

89465

(b) A nonextensive renovation approved under division (D) of	89466
section 5124.17 of the Revised Code;	89467

(c) If the ICF/MR has an appropriate claims management	89468
program, an increase in the ICF/MR's workers' compensation	89469
experience rating of greater than five per cent;	89470

(d) If the ICF/MR is an inner-city ICF/MR, increased security	89471
costs;	89472

(e) A change of ownership that results from bankruptcy,	89473
foreclosure, or findings by the department of health of violations	89474
of medicaid certification requirements;	89475

(f) Other extreme circumstances specified in rules authorized	89476
by this section.	89477

(2) An ICF/MR may qualify for a rate increase under this	89478
division only if its per diem, actual, allowable costs have	89479
increased to a level that exceeds its total rate. An increase	89480
under this division is subject to any rate limitations or maximum	89481
rates established by this chapter for specific cost centers. Any	89482
rate increase granted under this division shall take effect on the	89483
first day of the first month after the department receives the	89484
request.	89485

(C) The department, through the rate reconsideration process,	89486
may increase an ICF/MR's rate as determined under this chapter if	89487
the department, in the department's sole discretion, determines	89488
that the rate as determined under those sections works an extreme	89489
hardship on the ICF/MR.	89490

(D) When beds certified for the medicaid program are added to	89491
an existing ICF/MR or replaced at the same site, the department,	89492
through the rate reconsideration process, shall increase the	89493
ICF/MR's rate for capital costs proportionately, as limited by any	89494
applicable limitation under section 5124.17 of the Revised Code,	89495
to account for the costs of the beds that are added or replaced.	89496
The department shall make this increase one month after the first	89497
day of the month after the department receives sufficient	89498
documentation of the costs. Any rate increase granted under this	89499
division after June 30, 1993, shall remain in effect until the	89500
effective date of a rate for capital costs determined under	89501
section 5124.17 of the Revised Code that includes costs incurred	89502
for a full calendar year for the bed addition or bed replacement.	89503
The ICF/MR shall report double accumulated depreciation in an	89504
amount equal to the depreciation included in the rate adjustment	89505
on its cost report for the first year of operation. During the	89506
term of any loan used to finance a project for which a rate	89507
adjustment is granted under this division, if the ICF/MR is	89508
operated by the same provider, the provider shall subtract from	89509
the interest costs it reports on its cost report an amount equal	89510
to the difference between the following:	89511

(1) The actual, allowable interest costs for the loan during	89512
the calendar year for which the costs are being reported;	89513

(2) The actual, allowable interest costs attributable to the	89514
loan that were used to calculate the rates paid to the provider	89515
for the ICF/MR during the same calendar year.	89516

(E) The department's decision at the conclusion of the	89517
reconsideration process is not subject to any administrative	89518
proceedings under Chapter 119. or any other provision of the	89519
Revised Code.	89520

(F) The director of developmental disabilities shall adopt	89521
rules under section 5124.03 of the Revised Code as necessary to	89522
implement this section.	89523

Sec. 5124.40. If an ICF/MR provider properly amends a cost	89524
report for an ICF/MR under section 5124.107 of the Revised Code	89525
and the amended report shows that the provider received a lower	89526
medicaid payment rate under the original cost report than the	89527
provider was entitled to receive, the department of developmental	89528
disabilities shall adjust the provider's rate for the ICF/MR	89529
prospectively to reflect the corrected information. The department	89530
shall pay the adjusted rate beginning two months after the first	89531
day of the month after the provider files the amended cost report.	89532

If the department finds, from an exception review of resident	89533
assessment data conducted pursuant to section 5124.193 of the	89534
Revised Code after the effective date of an ICF/MR's rate for	89535
direct care costs that is based on the resident assessment data,	89536
that inaccurate resident assessment data resulted in the provider	89537
receiving a lower rate for the ICF/MR than the provider was	89538
entitled to receive, the department prospectively shall adjust the	89539
provider's rate for the ICF/MR accordingly. The department shall	89540
make payments to the provider using the adjusted rate for the	89541
remainder of the calendar quarter for which the resident	89542
assessment data is used to determine the rate, beginning one month	89543
after the first day of the month after the exception review is	89544
completed.	89545

Sec. 5124.41. (A) The department of developmental	89546
disabilities shall redetermine a provider's medicaid payment rate	89547
for an ICF/MR using revised information if any of the following	89548
results in a determination that the provider received a higher	89549
medicaid payment rate for the ICF/MR than the provider was	89550
entitled to receive:	89551

(1) The provider properly amends a cost report for the ICF/MR	89552
under section 5124.107 of the Revised Code;	89553

(2) The department makes a finding based on an audit under	89554
section 5124.109 of the Revised Code;	89555

(3) The department makes a finding based on an exception	89556
review of resident assessment data conducted under section	89557
5124.193 of the Revised Code after the effective date of the	89558
ICF/MR's rate for direct care costs that is based on the resident	89559
assessment data.	89560

(B) The department shall apply the redetermined rate to the	89561
periods when the provider received the incorrect rate to determine	89562
the amount of the overpayment. The provider shall refund the	89563
amount of the overpayment. The department may charge the provider	89564
the following amount of interest from the time the overpayment was	89565
made:	89566

(1) If the overpayment resulted from costs reported for	89567
calendar year 1993, the interest shall be not greater than one and	89568
one-half times the current average bank prime rate.	89569

(2) If the overpayment resulted from costs reported for a	89570
subsequent calendar year:	89571

(a) The interest shall be not greater than two times the	89572
current average bank prime rate if the overpayment was not more	89573
than one per cent of the total medicaid payments to the provider	89574
for the fiscal year for which the incorrect information was used	89575
to determine a rate.	89576

(b) The interest shall be not greater than two and one-half	89577
times the current average bank prime rate if the overpayment was	89578
more than one per cent of the total medicaid payments to the	89579
provider for the fiscal year for which the incorrect information	89580
was used to determine a rate.	89581

Sec. 5124.42. In addition to the other penalties authorized	89582
by this chapter, the department of developmental disabilities may	89583
impose the following penalties on an ICF/MR provider:	89584

(A) If the provider does not furnish invoices or other	89585
documentation that the department requests during an audit within	89586
sixty days after the request, a fine of not more than the greater	89587
of the following:	89588

(1) One thousand dollars per audit;

89589

(2) Twenty-five per cent of the cumulative amount by which	89590
the costs for which documentation was not furnished increased the	89591
total medicaid payments to the provider during the fiscal year for	89592
which the costs were used to determine a rate.	89593

(B) If an exiting operator or owner fails to provide notice	89594
of a facility closure or voluntary termination as required by	89595
section 5124.50 of the Revised Code, or an exiting operator or	89596
owner and entering operator fail to provide notice of a change of	89597
operator as required by section 5124.51 of the Revised Code, a	89598
fine of not more than the current average bank prime rate plus	89599
four per cent of the last two monthly payments.	89600

Sec. 5124.43. For the purposes of sections 5124.41 and	89601
5124.42 of the Revised Code, the department of developmental	89602
disabilities shall determine the current average bank prime rate	89603
using statistical release H.15, "selected interest rates," a	89604
weekly publication of the federal reserve board, or any successor	89605
publication. If statistical release H.15, or its successor, ceases	89606
to contain the bank prime rate information or ceases to be	89607
published, the department shall request a written statement of the	89608
average bank prime rate from the federal reserve bank of Cleveland	89609
or the federal reserve board.	89610

Sec. 5124.44. (A) Except as provided in division (B) of this	89611
section, the department of developmental disabilities shall deduct	89612
the following from the next available medicaid payment the	89613
department makes to an ICF/MR provider who continues to	89614
participate in medicaid:	89615

(1) Any amount the provider is required to refund, and any	89616
interest charged, under section 5124.41 of the Revised Code;	89617

(2) The amount of any penalty imposed on the provider under	89618
section 5124.42 of the Revised Code.	89619

(B) The department and an ICF/MR provider may enter into an	89620
agreement under which a deduction required by division (A) of this	89621
section is taken in installments from payments the department	89622
makes to the provider.	89623

Sec. 5124.45. The department of developmental disabilities	89624
shall transmit to the treasurer of state for deposit in the	89625
general revenue fund amounts collected from the following:	89626

(A) Refunds required by, and interest charged under, section	89627
5124.41 of the Revised Code;	89628

(B) Amounts collected from penalties imposed under section	89629
5124.42 of the Revised Code.	89630

Sec. 5124.46. All of the following are subject to an	89631
adjudication conducted in accordance with Chapter 119. of the	89632
Revised Code:	89633

(A) Any audit disallowance that the department of	89634
developmental disabilities makes as the result of an audit under	89635
section 5124.109 of the Revised Code;	89636

(B) Any adverse finding that results from an exception review	89637
of resident assessment data conducted for an ICF/MR under section	89638
5124.193 of the Revised Code after the effective date of the	89639
ICF/MR's medicaid payment rate for direct care costs that is based	89640
on the resident assessment data;	89641

(C) Any medicaid payment deemed an overpayment under section	89642
5124.523 of the Revised Code;	89643

(D) Any penalty the department imposes under section 5124.42	89644
of the Revised Code or section 5124.523 of the Revised Code.	89645

Sec. 5124.50. An exiting operator or owner of an ICF/MR	89646
participating in the medicaid program shall provide the department	89647
of developmental disabilities and department of medicaid written	89648
notice of a facility closure or voluntary termination not less	89649
than ninety days before the effective date of the facility closure	89650
or voluntary termination. The written notice shall be provided to	89651
the department of developmental disabilities and department of	89652
medicaid in accordance with the method specified in rules	89653
authorized by section 5124.53 of the Revised Code.	89654

The written notice shall include all of the following:

89655

(A) The name of the exiting operator and, if any, the exiting	89656
operator's authorized agent;	89657

(B) The name of the ICF/MR that is the subject of the written	89658
notice;	89659

(C) The exiting operator's medicaid provider agreement number	89660
for the ICF/MR that is the subject of the written notice;	89661

(D) The effective date of the facility closure or voluntary	89662
termination;	89663

(E) The signature of the exiting operator's or owner's	89664
representative.	89665

Sec. 5124.51. (A) An exiting operator or owner and entering	89666
operator shall provide the department of developmental	89667
disabilities and department of medicaid written notice of a change	89668
of operator if the ICF/MR participates in the medicaid program and	89669
the entering operator seeks to continue the ICF/MR's	89670
participation. The written notice shall be provided to the	89671
department of developmental disabilities and department of	89672
medicaid in accordance with the method specified in rules	89673
authorized by section 5124.53 of the Revised Code. The written	89674
notice shall be provided to the department of developmental	89675
disabilities and department of medicaid not later than forty-five	89676
days before the effective date of the change of operator if the	89677
change of operator does not entail the relocation of residents.	89678
The written notice shall be provided to the department of	89679
developmental disabilities and department of medicaid not later	89680
than ninety days before the effective date of the change of	89681
operator if the change of operator entails the relocation of	89682
residents.	89683

The written notice shall include all of the following:

89684

(1) The name of the exiting operator and, if any, the exiting	89685
operator's authorized agent;	89686

(2) The name of the ICF/MR that is the subject of the change	89687
of operator;	89688

(3) The exiting operator's seven-digit medicaid legacy number	89689
and ten-digit national provider identifier number for the ICF/MR	89690
that is the subject of the change of operator;	89691

(4) The name of the entering operator;

89692

(5) The effective date of the change of operator;

89693

(6) The manner in which the entering operator becomes the	89694
ICF/MR's operator, including through sale, lease, merger, or other	89695
action;	89696

(7) If the manner in which the entering operator becomes the	89697
ICF/MR's operator involves more than one step, a description of	89698
each step;	89699

(8) Written authorization from the exiting operator or owner	89700
and entering operator for the department of medicaid to process a	89701
provider agreement for the entering operator;	89702

(9) The names and addresses of the persons to whom the	89703
department of developmental disabilities and department of	89704
medicaid should send initial correspondence regarding the change	89705
of operator;	89706

(10) The signature of the exiting operator's or owner's	89707
representative.	89708

(B) An exiting operator or owner and entering operator	89709
immediately shall provide the department of developmental	89710
disabilities and department of medicaid notice of any changes to	89711
information included in a written notice of a change of operator	89712
that occur after that notice is provided to the department of	89713
developmental disabilities and department of medicaid. The notice	89714
of the changes shall be provided to the department of	89715
developmental disabilities and department of medicaid in	89716
accordance with the method specified in rules authorized by	89717
section 5124.53 of the Revised Code.	89718

Sec. 5124.511. The department of medicaid may enter into a	89719
provider agreement with an entering operator that goes into effect	89720
at 12:01 a.m. on the effective date of the change of operator if	89721
all of the following requirements are met:	89722

(A) The department receives a properly completed written	89723
notice required by section 5124.51 of the Revised Code on or	89724
before the date required by that section.	89725

(B) The department receives both of the following in	89726
accordance with the method specified in rules authorized by	89727
section 5124.53 of the Revised Code and not later than ten days	89728
after the effective date of the change of operator:	89729

(1) From the entering operator, a completed application for a	89730
provider agreement and all other forms and documents specified in	89731
rules authorized by section 5124.53 of the Revised Code;	89732

(2) From the exiting operator or owner, all forms and	89733
documents specified in rules authorized by section 5124.53 of the	89734
Revised Code.	89735

(C) The entering operator is eligible to enter into a	89736
provider agreement for the ICF/MR as provided in section 5124.06	89737
of the Revised Code.	89738

Sec. 5124.512. (A) The department of medicaid may enter into	89739
a provider agreement with an entering operator that goes into	89740
effect at 12:01 a.m. on the date determined under division (B) of	89741
this section if all of the following are the case:	89742

(1) The department receives a properly completed written	89743
notice required by section 5124.51 of the Revised Code.	89744

(2) The department receives, from the entering operator and	89745
in accordance with the method specified in rules authorized by	89746
section 5124.53 of the Revised Code, a completed application for a	89747
provider agreement and all other forms and documents specified in	89748
rules adopted under that section.	89749

(3) The department receives, from the exiting operator or	89750
owner and in accordance with the method specified in rules	89751
authorized by section 5124.53 of the Revised Code, all forms and	89752
documents specified in rules adopted under that section.	89753

(4) One or more of the following apply:

89754

(a) The requirement of division (A)(1) of this section is met	89755
after the time required by section 5124.51 of the Revised Code;	89756

(b) The requirement of division (A)(2) of this section is met	89757
more than ten days after the effective date of the change of	89758
operator;	89759

(c) The requirement of division (A)(3) of this section is met	89760
more than ten days after the effective date of the change of	89761
operator.	89762

(5) The entering operator is eligible to enter into a	89763
provider agreement for the ICF/MR as provided in section 5124.06	89764
of the Revised Code.	89765

(B) The department shall determine the date a provider	89766
agreement entered into under this section is to go into effect as	89767
follows:	89768

(1) The effective date shall give the department sufficient	89769
time to process the change of operator and give the department	89770
sufficient time to assure no duplicate payments are made and make	89771
the withholding required by section 5124.521 of the Revised Code.	89772

(2) The effective date shall be not earlier than the latest	89773
of the following:	89774

(a) The effective date of the change of operator;

89775

(b) The date that the entering operator complies with section	89776
5124.51 of the Revised Code and division (A)(2) of this section;	89777

(c) The date that the exiting operator or owner complies with	89778
section 5124.51 of the Revised Code and division (A)(3) of this	89779
section.	89780

(3) The effective date shall be not later than the following	89781
after the later of the dates specified in division (B)(2) of this	89782
section:	89783

(a) Forty-five days if the change of operator does not entail	89784
the relocation of residents;	89785

(b) Ninety days if the change of operator entails the	89786
relocation of residents.	89787

Sec. 5124.513. A provider that enters into a provider	89788
agreement with the department of medicaid under section 5124.511	89789
or 5124.512 of the Revised Code shall do all of the following:	89790

(A) Comply with all applicable federal statutes and	89791
regulations;	89792

(B) Comply with section 5124.07 of the Revised Code and all	89793
other applicable state statutes and rules;	89794

(C) Comply with all the terms and conditions of the exiting	89795
operator's provider agreement, including all of the following:	89796

(1) Any plan of correction;

89797

(2) Compliance with health and safety standards;

89798

(3) Compliance with the ownership and financial interest	89799
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	89800

(4) Compliance with the civil rights requirements of 45	89801
C.F.R. parts 80, 84, and 90;	89802

(5) Compliance with additional requirements imposed by the	89803
department;	89804

(6) Any sanctions relating to remedies for violation of the	89805
provider agreement, including deficiencies, compliance periods,	89806
accountability periods, monetary penalties, notification for	89807
correction of contract violations, and history of deficiencies.	89808

Sec. 5124.514. In the case of a change of operator, the	89809
exiting operator shall be considered to be the operator of the	89810
ICF/MR for purposes of the medicaid program, including medicaid	89811
payments, until the effective date of the entering operator's	89812
provider agreement if the provider agreement is entered into under	89813
section 5124.511 or 5124.512 of the Revised Code.	89814

Sec. 5124.515. The department of medicaid may enter into a	89815
provider agreement as provided in section 5124.07 of the Revised	89816
Code, rather than section 5124.511 or 5124.512 of the Revised	89817
Code, with an entering operator if the entering operator does not	89818
agree to a provider agreement that satisfies the requirements of	89819
division (C) of section 5124.513 of the Revised Code. The	89820
department may not enter into the provider agreement unless the	89821
department of health certifies the ICF/MR under Title XIX. The	89822
effective date of the provider agreement shall not precede any of	89823
the following:	89824

(A) The date that the department of health certifies the	89825
ICF/MR;	89826

(B) The effective date of the change of operator;

89827

(C) The date the requirement of section 5124.51 of the	89828
Revised Code is satisfied.	89829

Sec. 5124.516. The director of developmental disabilities	89830
may adopt rules under section 5124.03 of the Revised Code	89831
governing adjustments to the medicaid reimbursement rate for an	89832
ICF/MR that undergoes a change of operator. No rate adjustment	89833
resulting from a change of operator shall be effective before the	89834
effective date of the entering operator's provider agreement. This	89835
is the case regardless of whether the provider agreement is	89836
entered into under section 5124.511, section 5124.512, or,	89837
pursuant to section 5124.515, section 5124.07 of the Revised Code.	89838

Sec. 5124.517. The department of developmental disabilities'	89839
determination that a change of operator has or has not occurred	89840
for purposes of licensure under section 5123.19 of the Revised	89841
Code shall not affect either of the following:	89842

(A) A determination by the department of developmental	89843
disabilities or department of medicaid of whether or when a change	89844
of operator occurs;	89845

(B) The department of medicaid's determination of the	89846
effective date of an entering operator's provider agreement under	89847
section 5124.511, section 5124.512, or, pursuant to section	89848
5124.515, section 5124.07 of the Revised Code.	89849

Sec. 5124.52. (A) On receipt of a written notice under	89850
section 5124.50 of the Revised Code of a facility closure or	89851
voluntary termination, on receipt of a written notice under	89852
section 5124.51 of the Revised Code of a change of operator, or on	89853
the effective date of an involuntary termination, the department	89854
of developmental disabilities shall estimate the amount of any	89855
overpayments made under the medicaid program to the exiting	89856
operator, including overpayments the exiting operator disputes,	89857
and other actual and potential debts the exiting operator owes or	89858
may owe to the department and United States centers for medicare	89859
and medicaid services under the medicaid program, including a	89860
franchise permit fee.	89861

(B) In estimating the exiting operator's other actual and	89862
potential debts to the department and the United States centers	89863
for medicare and medicaid services under the medicaid program, the	89864
department shall use a debt estimation methodology the director of	89865
developmental disabilities shall establish in rules authorized by	89866
section 5124.53 of the Revised Code. The methodology shall provide	89867
for estimating all of the following that the department determines	89868
are applicable:	89869

(1) Refunds due the department under section 5124.41 of the	89870
Revised Code;	89871

(2) Interest owed to the department and United States centers	89872
for medicare and medicaid services;	89873

(3) Final civil monetary and other penalties for which all	89874
right of appeal has been exhausted;	89875

(4) Money owed the department and United States centers for	89876
medicare and medicaid services from any outstanding final fiscal	89877
audit, including a final fiscal audit for the last fiscal year or	89878
portion thereof in which the exiting operator participated in the	89879
medicaid program;	89880

(5) Other amounts the department determines are applicable.

89881

(C) The department shall provide the exiting operator written	89882
notice of the department's estimate under division (A) of this	89883
section not later than thirty days after the department receives	89884
the notice under section 5124.50 of the Revised Code of the	89885
facility closure or voluntary termination; the department receives	89886
the notice under section 5124.51 of the Revised Code of the change	89887
of operator; or the effective date of the involuntary termination.	89888
The department's written notice shall include the basis for the	89889
estimate.	89890

Sec. 5124.521. (A) Except as provided in divisions (B), (C),	89891
and (D) of this section, the department of developmental	89892
disabilities may withhold from payment due an exiting operator	89893
under the medicaid program the total amount specified in the	89894
notice provided under division (C) of section 5124.52 of the	89895
Revised Code that the exiting operator owes or may owe to the	89896
department and United States centers for medicare and medicaid	89897
services under the medicaid program.	89898

(B) In the case of a change of operator and subject to	89899
division (E) of this section, the following shall apply regarding	89900
a withholding under division (A) of this section if the exiting	89901
operator or entering operator or an affiliated operator executes a	89902
successor liability agreement meeting the requirements of division	89903
(F) of this section:	89904

(1) If the exiting operator, entering operator, or affiliated	89905
operator assumes liability for the total, actual amount of debt	89906
the exiting operator owes the department and the United States	89907
centers for medicare and medicaid services under the medicaid	89908
program as determined under section 5124.525 of the Revised Code,	89909
the department shall not make the withholding.	89910

(2) If the exiting operator, entering operator, or affiliated	89911
operator assumes liability for only the portion of the amount	89912
specified in division (B)(1) of this section that represents the	89913
franchise permit fee the exiting operator owes, the department	89914
shall withhold not more than the difference between the total	89915
amount specified in the notice provided under division (C) of	89916
section 5124.52 of the Revised Code and the amount for which the	89917
exiting operator, entering operator, or affiliated operator	89918
assumes liability.	89919

(C) In the case of a voluntary termination or facility	89920
closure and subject to division (E) of this section, the following	89921
shall apply regarding a withholding under division (A) of this	89922
section if the exiting operator or an affiliated operator executes	89923
a successor liability agreement meeting the requirements of	89924
division (F) of this section:	89925

(1) If the exiting operator or affiliated operator assumes	89926
liability for the total, actual amount of debt the exiting	89927
operator owes the department and the United States centers for	89928
medicare and medicaid services under the medicaid program as	89929
determined under section 5124.525 of the Revised Code, the	89930
department shall not make the withholding.	89931

(2) If the exiting operator or affiliated operator assumes	89932
liability for only the portion of the amount specified in division	89933
(C)(1) of this section that represents the franchise permit fee	89934
the exiting operator owes, the department shall withhold not more	89935
than the difference between the total amount specified in the	89936
notice provided under division (C) of section 5124.52 of the	89937
Revised Code and the amount for which the exiting operator or	89938
affiliated operator assumes liability.	89939

(D) In the case of an involuntary termination and subject to	89940
division (E) of this section, the following shall apply regarding	89941
a withholding under division (A) of this section if the exiting	89942
operator, the entering operator, or an affiliated operator	89943
executes a successor liability agreement meeting the requirements	89944
of division (F) of this section and the department approves the	89945
successor liability agreement:	89946

(1) If the exiting operator, entering operator, or affiliated	89947
operator assumes liability for the total, actual amount of debt	89948
the exiting operator owes the department and the United States	89949
centers for medicare and medicaid services under the medicaid	89950
program as determined under section 5124.525 of the Revised Code,	89951
the department shall not make the withholding.	89952

(2) If the exiting operator, entering operator, or affiliated	89953
operator assumes liability for only the portion of the amount	89954
specified in division (D)(1) of this section that represents the	89955
franchise permit fee the exiting operator owes, the department	89956
shall withhold not more than the difference between the total	89957
amount specified in the notice provided under division (C) of	89958
section 5124.52 of the Revised Code and the amount for which the	89959
exiting operator, entering operator, or affiliated operator	89960
assumes liability.	89961

(E) For an exiting operator or affiliated operator to be	89962
eligible to enter into a successor liability agreement under	89963
division (B), (C), or (D) of this section, both of the following	89964
must apply:	89965

(1) The exiting operator or affiliated operator must have one	89966
or more valid provider agreements, other than the provider	89967
agreement for the ICF/MR that is the subject of the involuntary	89968
termination, voluntary termination, facility closure, or change of	89969
operator;	89970

(2) During the twelve-month period preceding either the	89971
effective date of the involuntary termination or the month in	89972
which the department receives the notice of the voluntary	89973
termination or facility closure under section 5124.50 of the	89974
Revised Code or the notice of the change of operator under section	89975
5124.51 of the Revised Code, the average monthly medicaid payment	89976
made to the exiting operator or affiliated operator pursuant to	89977
the exiting operator's or affiliated operator's one or more	89978
provider agreements, other than the provider agreement for the	89979
ICF/MR that is the subject of the involuntary termination,	89980
voluntary termination, facility closure, or change of operator,	89981
must equal at least ninety per cent of the sum of the following:	89982

(a) The average monthly medicaid payment made to the exiting	89983
operator pursuant to the exiting operator's provider agreement for	89984
the ICF/MR that is the subject of the involuntary termination,	89985
voluntary termination, facility closure, or change of operator;	89986

(b) Whichever of the following apply:

89987

(i) If the exiting operator or affiliated operator has	89988
assumed liability under one or more other successor liability	89989
agreements, the total amount for which the exiting operator or	89990
affiliated operator has assumed liability under the other	89991
successor liability agreements;	89992

(ii) If the exiting operator or affiliated operator has not	89993
assumed liability under any other successor liability agreements,	89994
zero.	89995

(F) A successor liability agreement executed under this	89996
section must comply with all of the following:	89997

(1) It must provide for the operator who executes the	89998
successor liability agreement to assume liability for either of	89999
the following as specified in the agreement:	90000

(a) The total, actual amount of debt the exiting operator	90001
owes the department and the United States centers for medicare and	90002
medicaid services under the medicaid program as determined under	90003
section 5124.525 of the Revised Code;	90004

(b) The portion of the amount specified in division (F)(1)(a)	90005
of this section that represents the franchise permit fee the	90006
exiting operator owes.	90007

(2) It may not require the operator who executes the	90008
successor liability agreement to furnish a surety bond.	90009

(3) It must provide that the department, after determining	90010
under section 5124.525 of the Revised Code the actual amount of	90011
debt the exiting operator owes the department and United States	90012
centers for medicare and medicaid services under the medicaid	90013
program, may deduct the lesser of the following from medicaid	90014
payments made to the operator who executes the successor liability	90015
agreement:	90016

(a) The total, actual amount of debt the exiting operator	90017
owes the department and the United States centers for medicare and	90018
medicaid services under the medicaid program as determined under	90019
section 5124.525 of the Revised Code;	90020

(b) The amount for which the operator who executes the	90021
successor liability agreement assumes liability under the	90022
agreement.	90023

(4) It must provide that the deductions authorized by	90024
division (F)(3) of this section are to be made for a number of	90025
months, not to exceed six, agreed to by the operator who executes	90026
the successor liability agreement and the department or, if the	90027
operator who executes the successor liability agreement and	90028
department cannot agree on a number of months that is less than	90029
six, a greater number of months determined by the attorney general	90030
pursuant to a claims collection process authorized by statute of	90031
this state.	90032

(5) It must provide that, if the attorney general determines	90033
the number of months for which the deductions authorized by	90034
division (F)(3) of this section are to be made, the operator who	90035
executes the successor liability agreement shall pay, in addition	90036
to the amount collected pursuant to the attorney general's claims	90037
collection process, the part of the amount so collected that, if	90038
not for division (H) of this section, would be required by section	90039
109.081 of the Revised Code to be paid into the attorney general	90040
claims fund.	90041

(G) Execution of a successor liability agreement does not	90042
waive an exiting operator's right to contest the amount specified	90043
in the notice the department provides the exiting operator under	90044
division (C) of section 5124.52 of the Revised Code.	90045

(H) Notwithstanding section 109.081 of the Revised Code, the	90046
entire amount that the attorney general, whether by employees or	90047
agents of the attorney general or by special counsel appointed	90048
pursuant to section 109.08 of the Revised Code, collects under a	90049
successor liability agreement, other than the additional amount	90050
the operator who executes the agreement is required by division	90051
(F)(5) of this section to pay, shall be paid to the department of	90052
developmental disabilities for deposit into the appropriate fund.	90053
The additional amount that the operator is required to pay shall	90054
be paid into the state treasury to the credit of the attorney	90055
general claims fund created under section 109.081 of the Revised	90056
Code.	90057

Sec. 5124.522. (A) Except as provided in division (B) of	90058
this section, an exiting operator shall file with the department	90059
of developmental disabilities a cost report not later than ninety	90060
days after the last day the exiting operator's provider agreement	90061
is in effect. The cost report shall cover the period that begins	90062
with the day after the last day covered by the operator's most	90063
recent previous cost report filed under section 5124.10 or	90064
5124.101 of the Revised Code and ends on the last day the exiting	90065
operator's provider agreement is in effect. The cost report shall	90066
include, as applicable, all of the following:	90067

(1) The sale price of the ICF/MR;

90068

(2) A final depreciation schedule that shows which assets are	90069
transferred to the buyer and which assets are not transferred to	90070
the buyer;	90071

(3) Any other information the department requires.

90072

(B) The department, at its sole discretion, may waive the	90073
requirement that an exiting operator file a cost report in	90074
accordance with division (A) of this section.	90075

Sec. 5124.523. If an exiting operator required by section	90076
5124.522 of the Revised Code to file a cost report with the	90077
department of developmental disabilities fails to file the cost	90078
report in accordance with that section, all payments under the	90079
medicaid program for the period the cost report is required to	90080
cover are deemed overpayments until the date the department	90081
receives the properly completed cost report. The department may	90082
impose on the exiting operator a penalty of one hundred dollars	90083
for each calendar day the properly completed cost report is late.	90084

Sec. 5124.524. The department of developmental disabilities	90085
may not provide an exiting operator final payment under the	90086
medicaid program until the department receives all properly	90087
completed cost reports the exiting operator is required to file	90088
under sections 5124.10 and 5124.522 of the Revised Code.	90089

Sec. 5124.525. The department of developmental disabilities	90090
shall determine the actual amount of debt an exiting operator owes	90091
the department and the United States centers for medicare and	90092
medicaid services under the medicaid program by completing all	90093
final fiscal audits not already completed and performing all other	90094
appropriate actions the department determines to be necessary. The	90095
department shall issue an initial debt summary report on this	90096
matter not later than sixty days after the date the exiting	90097
operator files the properly completed cost report required by	90098
section 5124.522 of the Revised Code with the department or, if	90099
the department waives the cost report requirement for the exiting	90100
operator, sixty days after the date the department waives the cost	90101
report requirement. The initial debt summary report becomes the	90102
final debt summary report thirty-one days after the department	90103
issues the initial debt summary report unless the exiting	90104
operator, or an affiliated operator who executes a successor	90105
liability agreement under section 5124.521 of the Revised Code,	90106
requests a review before that date.	90107

The exiting operator, and an affiliated operator who executes	90108
a successor liability agreement under section 5124.521 of the	90109
Revised Code, may request a review to contest any of the	90110
department's findings included in the initial debt summary report.	90111
The request for the review must be submitted to the department not	90112
later than thirty days after the date the department issues the	90113
initial debt summary report. The department shall conduct the	90114
review on receipt of a timely request and issue a revised debt	90115
summary report. If the department has withheld money from payment	90116
due the exiting operator under division (A) of section 5124.521 of	90117
the Revised Code, the department shall issue the revised debt	90118
summary report not later than ninety days after the date the	90119
department receives the timely request for the review unless the	90120
department and exiting operator or affiliated operator agree to a	90121
later date. The exiting operator or affiliated operator may submit	90122
information to the department explaining what the operator	90123
contests before and during the review, including documentation of	90124
the amount of any debt the department owes the operator. The	90125
exiting operator or affiliated operator may submit additional	90126
information to the department not later than thirty days after the	90127
department issues the revised debt summary report. The revised	90128
debt summary report becomes the final debt summary report	90129
thirty-one days after the department issues the revised debt	90130
summary report unless the exiting operator or affiliated operator	90131
timely submits additional information to the department. If the	90132
exiting operator or affiliated operator timely submits additional	90133
information to the department, the department shall consider the	90134
additional information and issue a final debt summary report not	90135
later than sixty days after the department issues the revised debt	90136
summary report unless the department and exiting operator or	90137
affiliated operator agree to a later date.	90138

Each debt summary report the department issues under this	90139
section shall include the department's findings and the amount of	90140
debt the department determines the exiting operator owes the	90141
department and United States centers for medicare and medicaid	90142
services under the medicaid program. The department shall explain	90143
its findings and determination in each debt summary report.	90144

The exiting operator, and an affiliated operator who executes	90145
a successor liability agreement under section 5124.521 of the	90146
Revised Code, may request, in accordance with Chapter 119. of the	90147
Revised Code, an adjudication regarding a finding in a final debt	90148
summary report that pertains to an audit or alleged overpayment	90149
made under the medicaid program to the exiting operator. The	90150
adjudication shall be consolidated with any other uncompleted	90151
adjudication that concerns a matter addressed in the final debt	90152
summary report.	90153

Sec. 5124.526. The department of developmental disabilities	90154
shall release the actual amount withheld under division (A) of	90155
section 5124.521 of the Revised Code, less any amount the exiting	90156
operator owes the department and United States centers for	90157
medicare and medicaid services under the medicaid program, as	90158
follows:	90159

(A) Unless the department issues the initial debt summary	90160
report required by section 5124.525 of the Revised Code not later	90161
than sixty days after the date the exiting operator files the	90162
properly completed cost report required by section 5124.522 of the	90163
Revised Code, sixty-one days after the date the exiting operator	90164
files the properly completed cost report;	90165

(B) If the department issues the initial debt summary report	90166
required by section 5124.525 of the Revised Code not later than	90167
sixty days after the date the exiting operator files a properly	90168
completed cost report required by section 5124.522 of the Revised	90169
Code, not later than the following:	90170

(1) Thirty days after the deadline for requesting an	90171
adjudication under section 5124.525 of the Revised Code regarding	90172
the final debt summary report if the exiting operator, and an	90173
affiliated operator who executes a successor liability agreement	90174
under section 5124.521 of the Revised Code, fail to request the	90175
adjudication on or before the deadline;	90176

(2) Thirty days after the completion of an adjudication of	90177
the final debt summary report if the exiting operator, or an	90178
affiliated operator who executes a successor liability agreement	90179
under section 5124.521 of the Revised Code, requests the	90180
adjudication on or before the deadline for requesting the	90181
adjudication.	90182

(C) Unless the department issues the initial debt summary	90183
report required by section 5124.525 of the Revised Code not later	90184
than sixty days after the date the department waives the cost	90185
report requirement of section 5124.522 of the Revised Code,	90186
sixty-one days after the date the department waives the cost	90187
report requirement;	90188

(D) If the department issues the initial debt summary report	90189
required by section 5124.525 of the Revised Code not later than	90190
sixty days after the date the department waives the cost report	90191
requirement of section 5124.522 of the Revised Code, not later	90192
than the following:	90193

(1) Thirty days after the deadline for requesting an	90194
adjudication under section 5124.525 of the Revised Code regarding	90195
the final debt summary report if the exiting operator, and an	90196
affiliated operator who executes a successor liability agreement	90197
under section 5124.521 of the Revised Code, fail to request the	90198
adjudication on or before the deadline;	90199

(2) Thirty days after the completion of an adjudication of	90200
the final debt summary report if the exiting operator, or an	90201
affiliated operator who executes a successor liability agreement	90202
under section 5124.521 of the Revised Code, requests the	90203
adjudication on or before the deadline for requesting the	90204
adjudication.	90205

Sec. 5124.527. The department of developmental disabilities,	90206
at its sole discretion, may release the amount withheld under	90207
division (A) of section 5124.521 of the Revised Code if the	90208
exiting operator submits to the department written notice of a	90209
postponement of a change of operator, facility closure, or	90210
voluntary termination and the transactions leading to the change	90211
of operator, facility closure, or voluntary termination are	90212
postponed for at least thirty days but less than ninety days after	90213
the date originally proposed for the change of operator, facility	90214
closure, or voluntary termination as reported in the written	90215
notice required by section 5124.50 or 5124.51 of the Revised Code.	90216
The department shall release the amount withheld if the exiting	90217
operator submits to the department written notice of a	90218
cancellation or postponement of a change of operator, facility	90219
closure, or voluntary termination and the transactions leading to	90220
the change of operator, facility closure, or voluntary termination	90221
are canceled or postponed for more than ninety days after the date	90222
originally proposed for the change of operator, facility closure,	90223
or voluntary termination as reported in the written notice	90224
required by section 5124.50 or 5124.51 of the Revised Code. A	90225
written notice shall be provided to the department in accordance	90226
with the method specified in rules authorized by section 5124.53	90227
of the Revised Code.	90228

After the department receives a written notice regarding a	90229
cancellation or postponement of a facility closure or voluntary	90230
termination, the exiting operator or owner shall provide new	90231
written notice to the department under section 5124.50 of the	90232
Revised Code regarding any transactions leading to a facility	90233
closure or voluntary termination at a future time. After the	90234
department receives a written notice regarding a cancellation or	90235
postponement of a change of operator, the exiting operator or	90236
owner and entering operator shall provide new written notice to	90237
the department under section 5124.51 of the Revised Code regarding	90238
any transactions leading to a change of operator at a future time.	90239

Sec. 5124.528. (A) All amounts withheld under section	90240
5124.521 of the Revised Code from payment due an exiting operator	90241
under the medicaid program shall be deposited into the medicaid	90242
payment withholding fund created by the controlling board pursuant	90243
to section 131.35 of the Revised Code. Money in the fund shall be	90244
used as follows:	90245

(1) To pay an exiting operator when a withholding is released	90246
to the exiting operator under section 5124.526 or 5124.527 of the	90247
Revised Code;	90248

(2) To pay the department of medicaid or department of	90249
developmental disabilities, and United States centers for medicare	90250
and medicaid services, the amount an exiting operator owes the	90251
department of medicaid or department of developmental disabilities	90252
and United States centers under the medicaid program.	90253

(B) Amounts paid from the medicaid payment withholding fund	90254
pursuant to division (A)(2) of this section shall be deposited	90255
into the appropriate fund.	90256

Sec. 5124.53. The director of developmental disabilities	90257
shall adopt rules under section 5124.03 of the Revised Code to	90258
implement sections 5124.50 to 5124.53 of the Revised Code. The	90259
rules shall specify all of the following:	90260

(A) The method by which written notices to the department	90261
required by sections 5124.50 to 5124.53 of the Revised Code are to	90262
be provided;	90263

(B) The forms and documents that are to be provided to the	90264
department under sections 5124.511 and 5124.512 of the Revised	90265
Code, which shall include, in the case of such forms and documents	90266
provided by entering operators, all the fully executed leases,	90267
management agreements, merger agreements and supporting documents,	90268
and fully executed sales contracts and any other supporting	90269
documents culminating in the change of operator;	90270

(C) The method by which the forms and documents identified in	90271
division (B) of this section are to be provided to the department.	90272

~~Sec. 5111.874.~~ Sec. 5124.60. (A) ~~As used in sections 5111.874 to~~	90273
~~5111.8710 of the Revised Code:~~	90274

~~"Home and community-based services" has the same meaning as~~	90275
~~in section 5123.01 of the Revised Code.~~	90276

~~"ICF/MR services" means intermediate care facility for the~~	90277
~~mentally retarded services covered by the medicaid program that an~~	90278
~~intermediate care facility for the mentally retarded provides to a~~	90279
~~resident of the facility who is a medicaid recipient eligible for~~	90280
~~medicaid-covered intermediate care facility for the mentally~~	90281
~~retarded services.~~	90282

~~"Intermediate care facility for the mentally retarded" means~~	90283
~~an intermediate care facility for the mentally retarded that is~~	90284
~~certified as in compliance with applicable standards for the~~	90285
~~medicaid program by the director of health in accordance with~~	90286
~~Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42~~	90287
~~U.S.C. 1396, as amended, and licensed as a residential facility~~	90288
~~under section 5123.19 of the Revised Code.~~	90289

~~"Residential facility" has the same meaning as in section~~	90290
~~5123.19 of the Revised Code.~~	90291

~~(B)~~ For the purpose of increasing the number of slots	90292
available for home and community-based services and subject to	90293
sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of the Revised	90294
Code, the operator of an ~~intermediate care facility for the~~	90295
~~mentally retarded~~ICF/MR may convert some or all of the beds in	90296
the ~~facility~~ICF/MR from providing ICF/MR services to providing	90297
home and community-based services if all of the following	90298
requirements are met:	90299

(1) The operator provides the directors of health and	90300
developmental disabilities at least ninety days' notice of the	90301
operator's intent to make the conversion.	90302

(2) The operator complies with the requirements of sections	90303
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	90304
a voluntary termination ~~as defined in section 5111.65 of the~~	90305
~~Revised Code~~ if those requirements are applicable.	90306

(3) If the operator intends to convert all of the ~~facility's~~	90307
ICF/MR's beds, the operator notifies each of the ~~facility's~~	90308
ICF/MR's residents that the ~~facility~~ICF/MR is to cease providing	90309
ICF/MR services and inform each resident that the resident may do	90310
either of the following:	90311

(a) Continue to receive ICF/MR services by transferring to	90312
another ~~facility~~ICF/MR that is ~~an intermediate care facility for~~	90313
~~the mentally retarded~~ willing and able to accept the resident if	90314
the resident continues to qualify for ICF/MR services;	90315

(b) Begin to receive home and community-based services	90316
instead of ICF/MR services from any provider of home and	90317
community-based services that is willing and able to provide the	90318
services to the resident if the resident is eligible for the	90319
services and a slot for the services is available to the resident.	90320

(4) If the operator intends to convert some but not all of	90321
the ~~facility's~~ICF/MR's beds, the operator notifies each of the	90322
~~facility's~~ICF/MR's residents that the ~~facility~~ICF/MR is to	90323
convert some of its beds from providing ICF/MR services to	90324
providing home and community-based services and inform each	90325
resident that the resident may do either of the following:	90326

(a) Continue to receive ICF/MR services from any ~~provider of~~	90327
~~services~~ ICF/MR that is willing and able to provide the services	90328
to the resident if the resident continues to qualify for ICF/MR	90329
services;	90330

(b) Begin to receive home and community-based services	90331
instead of ICF/MR services from any provider of home and	90332
community-based services that is willing and able to provide the	90333
services to the resident if the resident is eligible for the	90334
services and a slot for the services is available to the resident.	90335

(5) The operator meets the requirements for providing home	90336
and community-based services, including the following:	90337

(a) Such requirements applicable to a residential facility if	90338
the operator maintains the facility's license as a residential	90339
facility;	90340

(b) Such requirements applicable to a facility that is not	90341
licensed as a residential facility if the operator surrenders the	90342
facility's license as a residential facility under section 5123.19	90343
of the Revised Code.	90344

(6) The director of developmental disabilities approves the	90345
conversion.	90346

~~(C)~~(B) A decision by the director of developmental	90347
disabilities to approve or refuse to approve a proposed conversion	90348
of beds is final. In making a decision, the director shall	90349
consider all of the following:	90350

(1) The fiscal impact on the ~~facility~~ICF/MR if some but not	90351
all of the beds are converted;	90352

(2) The fiscal impact on the ~~medical assistance~~medicaid	90353
program;	90354

(3) The availability of home and community-based services.

90355

~~(D)~~(C) The notice provided to the directors under division	90356
~~(B)~~(A)(1) of this section shall specify whether some or all of the	90357
~~facility's~~ICF/MR's beds are to be converted. If some but not all	90358
of the beds are to be converted, the notice shall specify how many	90359
of the ~~facility's~~ICF/MR's beds are to be converted and how many	90360
of the beds are to continue to provide ICF/MR services. The notice	90361
to the director of developmental disabilities shall specify	90362
whether the operator wishes to surrender the ~~facility's~~ICF/MR's	90363
license as a residential facility under section 5123.19 of the	90364
Revised Code.	90365

~~(E)~~(D)(1) If the director of developmental disabilities	90366
approves a conversion under division ~~(C)~~(B) of this section, the	90367
director of health shall do the following:	90368

(a) Terminate the ICF/MR's medicaid certification ~~of the~~	90369
~~intermediate care facility for the mentally retarded~~ if the notice	90370
specifies that all of the ~~facility's~~ICF/MR's beds are to be	90371
converted;	90372

(b) Reduce the ~~facility's certified~~ICF/MR's	90373
medicaid-certified capacity by the number of beds being converted	90374
if the notice specifies that some but not all of the beds are to	90375
be converted.	90376

(2) The director of health shall notify the medicaid director	90377
~~of job and family services~~ of the termination or reduction. On	90378
receipt of the ~~director of health's~~ notice, the medicaid director	90379
~~of job and family services~~ shall do the following:	90380

(a) Terminate the operator's medicaid provider agreement that	90381
authorizes the operator to provide ICF/MR services at the	90382
~~facility~~ICF/MR if the ~~facility's~~ICF/MR's certification was	90383
terminated;	90384

(b) Amend the operator's medicaid provider agreement to	90385
reflect the ~~facility's~~ICF/MR's reduced ~~certified~~	90386
medicaid-certified capacity if the ~~facility's certified~~ICF/MR's	90387
medicaid-certified capacity is reduced.	90388

(3) In the case of action taken under division ~~(E)~~(D)(2)(a)	90389
of this section, the operator is not entitled to notice or a	90390
hearing under Chapter 119. of the Revised Code before the medicaid	90391
director ~~of job and family services~~ terminates the medicaid	90392
provider agreement.	90393

~~Sec. 5111.875.~~ Sec. 5124.61. (A) For the purpose of increasing the	90394
number of slots available for home and community-based services	90395
and subject to sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of	90396
the Revised Code, a person who acquires, through a request for	90397
proposals issued by the director of developmental disabilities, a	90398
~~residential facility that is an intermediate care facility for the~~	90399
~~mentally retarded and~~an ICF/MR for which ~~the~~a residential	90400
facility license ~~as a residential facility~~ was previously	90401
surrendered or revoked may convert some or all of the ~~facility's~~	90402
ICF/MR's beds from providing ICF/MR services to providing home and	90403
community-based services if all of the following requirements are	90404
met:	90405

(1) The person provides the directors of health~~, job and~~	90406
~~family services,~~ and developmental disabilities and medicaid	90407
director at least ninety days' notice of the person's intent to	90408
make the conversion.	90409

(2) The person complies with the requirements of sections	90410
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	90411
a voluntary termination ~~as defined in section 5111.65 of the~~	90412
~~Revised Code~~ if those requirements are applicable.	90413

(3) If the person intends to convert all of the ~~facility's~~	90414
ICF/MR's beds, the person notifies each of the ~~facility's~~	90415
ICF/MR's residents that the ~~facility~~ICF/MR is to cease providing	90416
ICF/MR services and informs each resident that the resident may do	90417
either of the following:	90418

(a) Continue to receive ICF/MR services by transferring to	90419
another ~~facility that is an intermediate care facility for the~~	90420
~~mentally retarded~~ICF/MR willing and able to accept the resident	90421
if the resident continues to qualify for ICF/MR services;	90422

(b) Begin to receive home and community-based services	90423
instead of ICF/MR services from any provider of home and	90424
community-based services that is willing and able to provide the	90425
services to the resident if the resident is eligible for the	90426
services and a slot for the services is available to the resident.	90427

(4) If the person intends to convert some but not all of the	90428
~~facility's~~ICF/MR's beds, the person notifies each of the	90429
~~facility's~~ICF/MR's residents that the ~~facility~~ICF/MR is to	90430
convert some of its beds from providing ICF/MR services to	90431
providing home and community-based services and inform each	90432
resident that the resident may do either of the following:	90433

(a) Continue to receive ICF/MR services from any ~~provider of~~	90434
~~ICF/MR services~~ that is willing and able to provide the services	90435
to the resident if the resident continues to qualify for ICF/MR	90436
services;	90437

(b) Begin to receive home and community-based services	90438
instead of ICF/MR services from any provider of home and	90439
community-based services that is willing and able to provide the	90440
services to the resident if the resident is eligible for the	90441
services and a slot for the services is available to the resident.	90442

(5) The person meets the requirements for providing home and	90443
community-based services at a residential facility.	90444

(B) The notice provided to the directors under division	90445
(A)(1) of this section shall specify whether some or all of the	90446
~~facility's~~ICF/MR's beds are to be converted. If some but not all	90447
of the beds are to be converted, the notice shall specify how many	90448
of the ~~facility's~~ICF/MR's beds are to be converted and how many	90449
of the beds are to continue to provide ICF/MR services.	90450

(C) On receipt of a notice under division (A)(1) of this	90451
section, the director of health shall do the following:	90452

(1) Terminate the ICF/MR's medicaid certification ~~of the~~	90453
~~intermediate care facility for the mentally retarded~~ if the notice	90454
specifies that all of the facility's beds are to be converted;	90455

(2) Reduce the ~~facility's certified~~ICF/MR's	90456
medicaid-certified capacity by the number of beds being converted	90457
if the notice specifies that some but not all of the beds are to	90458
be converted.	90459

(D) The director of health shall notify the medicaid director	90460
~~of job and family services~~ of the termination or reduction under	90461
division (C) of this section. On receipt of the director of	90462
health's notice, the medicaid director ~~of job and family services~~	90463
shall do the following:	90464

(1) Terminate the person's medicaid provider agreement that	90465
authorizes the person to provide ICF/MR services at the ~~facility~~	90466
ICF/MR if the ~~facility's~~ICF/MR's medicaid certification was	90467
terminated;	90468

(2) Amend the person's medicaid provider agreement to reflect	90469
the ~~facility's~~ICF/MR's reduced ~~certified~~medicaid-certified	90470
capacity if the ~~facility's certified~~ICF/MR's medicaid-certified	90471
capacity is reduced.	90472

The person is not entitled to notice or a hearing under	90473
Chapter 119. of the Revised Code before the medicaid director of	90474
~~job and family services~~ terminates or amends the medicaid provider	90475
agreement.	90476

~~Sec. 5111.876.~~ Sec. 5124.62. Subject to section ~~5111.877~~5124.63	90477
of the Revised Code, the director of developmental disabilities	90478
may request that the medicaid director ~~of job and family services~~	90479
seek the approval of the United States secretary of health and	90480
human services to increase the number of slots available for home	90481
and community-based services by a number not exceeding the number	90482
of beds that were part of the licensed capacity of a residential	90483
facility that had its license revoked or surrendered under section	90484
5123.19 of the Revised Code if the residential facility was an	90485
~~intermediate care facility for the mentally retarded~~ICF/MR at the	90486
time of the license revocation or surrender. The revocation or	90487
surrender may have occurred before, or may occur on or after, June	90488
24, 2008. The request may include beds the director of	90489
developmental disabilities removed from such a residential	90490
facility's licensed capacity before transferring ownership or	90491
operation of the residential facility pursuant to a request for	90492
proposals.	90493

~~Sec. 5111.877.~~ Sec. 5124.63. The medicaid director ~~of job and~~	90494
~~family services~~ may seek approval from the United States secretary	90495
of health and human services for not more than a total of five	90496
hundred slots for home and community-based services for the	90497
purposes of sections ~~5111.874~~5124.60, ~~5111.875~~5124.61, and	90498
~~5111.876~~5124.62 of the Revised Code.	90499

~~Sec. 5111.878.~~ Sec. 5124.64. Not more than a total of five hundred	90500
beds may be converted from providing ICF/MR services to providing	90501
home and community-based services under sections ~~5111.874~~5124.60	90502
and ~~5111.875~~5124.61 of the Revised Code.	90503

~~Sec. 5111.879.~~ Sec. 5124.65. No person or government entity may	90504
reconvert a bed to be used for ICF/MR services if the bed was	90505
converted to use for home and community-based services under	90506
section ~~5111.874~~5124.60 or ~~5111.875~~5124.61 of the Revised Code.	90507
This prohibition applies regardless of either of the following:	90508

(A) The bed is part of the licensed capacity of a residential	90509
facility.	90510

(B) The bed has been sold, leased, or otherwise transferred	90511
to another person or government entity.	90512

Sec. 5124.99. Whoever violates section 5124.102 or division	90513
(E) of section 5124.08 of the Revised Code shall be fined not less	90514
than five hundred dollars nor more than one thousand dollars for	90515
the first offense and not less than one thousand dollars nor more	90516
than five thousand dollars for each subsequent offense.	90517

Fines paid under this section shall be deposited in the state	90518
treasury to the credit of the general revenue fund.	90519

Sec. 5126.01. As used in this chapter:

90520

(A) As used in this division, "adult" means an individual who	90521
is eighteen years of age or over and not enrolled in a program or	90522
service under Chapter 3323. of the Revised Code and an individual	90523
sixteen or seventeen years of age who is eligible for adult	90524
services under rules adopted by the director of developmental	90525
disabilities pursuant to Chapter 119. of the Revised Code.	90526

(1) "Adult services" means services provided to an adult	90527
outside the home, except when they are provided within the home	90528
according to an individual's assessed needs and identified in an	90529
individual service plan, that support learning and assistance in	90530
the area of self-care, sensory and motor development,	90531
socialization, daily living skills, communication, community	90532
living, social skills, or vocational skills.	90533

(2) "Adult services" includes all of the following:

90534

(a) Adult day habilitation services;

90535

(b) Adult day care;

90536

90537

(d) Sheltered employment;

90538

(e) Educational experiences and training obtained through	90539
entities and activities that are not expressly intended for	90540
individuals with mental retardation and developmental	90541
disabilities, including trade schools, vocational or technical	90542
schools, adult education, job exploration and sampling, unpaid	90543
work experience in the community, volunteer activities, and	90544
spectator sports;	90545

(f) Community employment services and supported employment	90546
services.	90547

(B)(1) "Adult day habilitation services" means adult services	90548
that do the following:	90549

(a) Provide access to and participation in typical activities	90550
and functions of community life that are desired and chosen by the	90551
general population, including such activities and functions as	90552
opportunities to experience and participate in community	90553
exploration, companionship with friends and peers, leisure	90554
activities, hobbies, maintaining family contacts, community	90555
events, and activities where individuals without disabilities are	90556
involved;	90557

(b) Provide supports or a combination of training and	90558
supports that afford an individual a wide variety of opportunities	90559
to facilitate and build relationships and social supports in the	90560
community.	90561

(2) "Adult day habilitation services" includes all of the	90562
following:	90563

(a) Personal care services needed to ensure an individual's	90564
ability to experience and participate in vocational services,	90565
educational services, community activities, and any other adult	90566
day habilitation services;	90567

(b) Skilled services provided while receiving adult day	90568
habilitation services, including such skilled services as behavior	90569
management intervention, occupational therapy, speech and language	90570
therapy, physical therapy, and nursing services;	90571

(c) Training and education in self-determination designed to	90572
help the individual do one or more of the following: develop	90573
self-advocacy skills, exercise the individual's civil rights,	90574
acquire skills that enable the individual to exercise control and	90575
responsibility over the services received, and acquire skills that	90576
enable the individual to become more independent, integrated, or	90577
productive in the community;	90578

(d) Recreational and leisure activities identified in the	90579
individual's service plan as therapeutic in nature or assistive in	90580
developing or maintaining social supports;	90581

(e) Counseling and assistance provided to obtain housing,	90582
including such counseling as identifying options for either rental	90583
or purchase, identifying financial resources, assessing needs for	90584
environmental modifications, locating housing, and planning for	90585
ongoing management and maintenance of the housing selected;	90586

(f) Transportation necessary to access adult day habilitation	90587
services;	90588

(g) Habilitation management, as described in section 5126.14	90589
of the Revised Code.	90590

(3) "Adult day habilitation services" does not include	90591
activities that are components of the provision of residential	90592
services, family support services, or supported living services.	90593

90594

(1) In the case of a member of a county board of	90595
developmental disabilities appointed by, or to be appointed by, a	90596
board of county commissioners, the board of county commissioners;	90597

(2) In the case of a member of a county board appointed by,	90598
or to be appointed by, a senior probate judge, the senior probate	90599
judge.	90600

(D) "Community employment," "competitive employment," and	90601
"integrated setting" have the same meanings as in section 5123.022	90602
of the Revised Code.	90603

(E) "Community employment services" or "supported employment	90604
services" means job training and other services related to	90605
employment outside a sheltered workshop. "Community employment	90606
services" or "supported employment services" include all of the	90607
following:	90608

(1) Job training resulting in the attainment of ~~competitive~~	90609
~~work~~community employment, supported work in a typical work	90610
environment, or self-employment;	90611

(2) Supervised work experience through an employer paid to	90612
provide the supervised work experience;	90613

(3) Ongoing ~~work in a competitive work environment at a wage~~	90614
~~commensurate with workers without disabilities~~community	90615
employment;	90616

(4) Ongoing supervision by an employer paid to provide the	90617
supervision.	90618

~~(E)~~(F) As used in this division, "substantial functional	90619
limitation," "developmental delay," and "established risk" have	90620
the meanings established pursuant to section 5123.011 of the	90621
Revised Code.	90622

"Developmental disability" means a severe, chronic disability	90623
that is characterized by all of the following:	90624

(1) It is attributable to a mental or physical impairment or	90625
a combination of mental and physical impairments, other than a	90626
mental or physical impairment solely caused by mental illness as	90627
defined in division (A) of section 5122.01 of the Revised Code;	90628

(2) It is manifested before age twenty-two;

90629

(3) It is likely to continue indefinitely;

90630

(4) It results in one of the following:

90631

(a) In the case of a person under age three, at least one	90632
developmental delay or an established risk;	90633

(b) In the case of a person at least age three but under age	90634
six, at least two developmental delays or an established risk;	90635

(c) In the case of a person age six or older, a substantial	90636
functional limitation in at least three of the following areas of	90637
major life activity, as appropriate for the person's age:	90638
self-care, receptive and expressive language, learning, mobility,	90639
self-direction, capacity for independent living, and, if the	90640
person is at least age sixteen, capacity for economic	90641
self-sufficiency.	90642

(5) It causes the person to need a combination and sequence	90643
of special, interdisciplinary, or other type of care, treatment,	90644
or provision of services for an extended period of time that is	90645
individually planned and coordinated for the person.	90646

~~(F)~~(G) "Early childhood services" means a planned program of	90647
habilitation designed to meet the needs of individuals with mental	90648
retardation or other developmental disabilities who have not	90649
attained compulsory school age.	90650

~~(G)~~(H)(1) "Environmental modifications" means the physical	90651
adaptations to an individual's home, specified in the individual's	90652
service plan, that are necessary to ensure the individual's	90653
health, safety, and welfare or that enable the individual to	90654
function with greater independence in the home, and without which	90655
the individual would require institutionalization.	90656

(2) "Environmental modifications" includes such adaptations	90657
as installation of ramps and grab-bars, widening of doorways,	90658
modification of bathroom facilities, and installation of	90659
specialized electric and plumbing systems necessary to accommodate	90660
the individual's medical equipment and supplies.	90661

(3) "Environmental modifications" does not include physical	90662
adaptations or improvements to the home that are of general	90663
utility or not of direct medical or remedial benefit to the	90664
individual, including such adaptations or improvements as	90665
carpeting, roof repair, and central air conditioning.	90666

~~(H)~~(I) "Family support services" means the services provided	90667
under a family support services program operated under section	90668
5126.11 of the Revised Code.	90669

~~(I)~~(J) "Habilitation" means the process by which the staff of	90670
the facility or agency assists an individual with mental	90671
retardation or other developmental disability in acquiring and	90672
maintaining those life skills that enable the individual to cope	90673
more effectively with the demands of the individual's own person	90674
and environment, and in raising the level of the individual's	90675
personal, physical, mental, social, and vocational efficiency.	90676
Habilitation includes, but is not limited to, programs of formal,	90677
structured education and training.	90678

~~(J)~~(K) "Home and community-based services" ~~means~~	90679
~~medicaid-funded home and community-based services specified in~~	90680
~~division (B)(1) of section 5111.87 of the Revised Code and~~	90681
~~provided under the medicaid waiver components the department of~~	90682
~~developmental disabilities administers pursuant to~~has the same	90683
meaning as in section ~~5111.871~~5123.01 of the Revised Code.	90684
~~However, home and community-based services provided under the~~	90685
~~medicaid waiver component known as the transitions developmental~~	90686
~~disabilities waiver are to be considered to be home and~~	90687
~~community-based services for the purposes of this chapter only to~~	90688
~~the extent, if any, provided by the contract required by section~~	90689
~~5111.871 of the Revised Code regarding the waiver.~~	90690

~~(K)~~(L) "ICF/MR" has the same meaning as in section 5124.01 of	90691
the Revised Code.	90692

(M) "Immediate family" means parents, grandparents, brothers,	90693
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	90694
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	90695
daughters-in-law.	90696

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	90697
~~the Revised Code.~~	90698

~~(M)~~(N) "Medicaid case management services" means case	90699
management services provided to an individual with mental	90700
retardation or other developmental disability that the state	90701
medicaid plan requires.	90702

~~(N)~~(O) "Mental retardation" means a mental impairment	90703
manifested during the developmental period characterized by	90704
significantly subaverage general intellectual functioning existing	90705
concurrently with deficiencies in the effectiveness or degree with	90706
which an individual meets the standards of personal independence	90707
and social responsibility expected of the individual's age and	90708
cultural group.	90709

~~(O)~~(P) "Residential services" means services to individuals	90710
with mental retardation or other developmental disabilities to	90711
provide housing, food, clothing, habilitation, staff support, and	90712
related support services necessary for the health, safety, and	90713
welfare of the individuals and the advancement of their quality of	90714
life. "Residential services" includes program management, as	90715
described in section 5126.14 of the Revised Code.	90716

~~(P)~~(Q) "Resources" means available capital and other assets,	90717
including moneys received from the federal, state, and local	90718
governments, private grants, and donations; appropriately	90719
qualified personnel; and appropriate capital facilities and	90720
equipment.	90721

~~(Q)~~(R) "Senior probate judge" means the current probate judge	90722
of a county who has served as probate judge of that county longer	90723
than any of the other current probate judges of that county. If a	90724
county has only one probate judge, "senior probate judge" means	90725
that probate judge.	90726

~~(R)~~(S) "Service and support administration" means the duties	90727
performed by a service and support administrator pursuant to	90728
section 5126.15 of the Revised Code.	90729

~~(S)~~(T)(1) "Specialized medical, adaptive, and assistive	90730
equipment, supplies, and supports" means equipment, supplies, and	90731
supports that enable an individual to increase the ability to	90732
perform activities of daily living or to perceive, control, or	90733
communicate within the environment.	90734

(2) "Specialized medical, adaptive, and assistive equipment,	90735
supplies, and supports" includes the following:	90736

(a) Eating utensils, adaptive feeding dishes, plate guards,	90737
mylatex straps, hand splints, reaches, feeder seats, adjustable	90738
pointer sticks, interpreter services, telecommunication devices	90739
for the deaf, computerized communications boards, other	90740
communication devices, support animals, veterinary care for	90741
support animals, adaptive beds, supine boards, prone boards,	90742
wedges, sand bags, sidelayers, bolsters, adaptive electrical	90743
switches, hand-held shower heads, air conditioners, humidifiers,	90744
emergency response systems, folding shopping carts, vehicle lifts,	90745
vehicle hand controls, other adaptations of vehicles for	90746
accessibility, and repair of the equipment received.	90747

(b) Nondisposable items not covered by medicaid that are	90748
intended to assist an individual in activities of daily living or	90749
instrumental activities of daily living.	90750

~~(T)~~(U) "Supportive home services" means a range of services	90751
to families of individuals with mental retardation or other	90752
developmental disabilities to develop and maintain increased	90753
acceptance and understanding of such persons, increased ability of	90754
family members to teach the person, better coordination between	90755
school and home, skills in performing specific therapeutic and	90756
management techniques, and ability to cope with specific	90757
situations.	90758

~~(U)~~(V)(1) "Supported living" means services provided for as	90759
long as twenty-four hours a day to an individual with mental	90760
retardation or other developmental disability through any public	90761
or private resources, including moneys from the individual, that	90762
enhance the individual's reputation in community life and advance	90763
the individual's quality of life by doing the following:	90764

(a) Providing the support necessary to enable an individual	90765
to live in a residence of the individual's choice, with any number	90766
of individuals who are not disabled, or with not more than three	90767
individuals with mental retardation and developmental disabilities	90768
unless the individuals are related by blood or marriage;	90769

(b) Encouraging the individual's participation in the	90770
community;	90771

90772

(d) Assisting the individual in acquiring, retaining, and	90773
improving the skills and competence necessary to live successfully	90774
in the individual's residence.	90775

(2) "Supported living" includes the provision of all of the	90776
following:	90777

(a) Housing, food, clothing, habilitation, staff support,	90778
professional services, and any related support services necessary	90779
to ensure the health, safety, and welfare of the individual	90780
receiving the services;	90781

(b) A combination of lifelong or extended-duration	90782
supervision, training, and other services essential to daily	90783
living, including assessment and evaluation and assistance with	90784
the cost of training materials, transportation, fees, and	90785
supplies;	90786

90787

(d) Household maintenance that does not include modifications	90788
to the physical structure of the residence;	90789

(e) Respite care services;

90790

(f) Program management, as described in section 5126.14 of	90791
the Revised Code.	90792

Sec. 5126.026. Except as otherwise provided in this section	90793
and section 5126.0218 of the Revised Code, a member of a county	90794
board of developmental disabilities may be reappointed to the	90795
county board. Prior to making a reappointment, the appointing	90796
authority shall ascertain, through written communication with the	90797
board, that the member being considered for reappointment meets	90798
the requirements of sections 5126.022 and 5126.0218 of the Revised	90799
Code.	90800

A member who has served during each of three consecutive	90801
terms shall not be reappointed for a subsequent term until two	90802
years after ceasing to be a member of the county board, except	90803
that a member who has served for ten years or less within three	90804
consecutive terms may be reappointed for a subsequent term before	90805
becoming ineligible for reappointment for two years.	90806

If, however, a county board experiences extenuating	90807
circumstances that would severely restrict the board from being	90808
able to fill a pending vacancy of a board member who will become	90809
ineligible for service on the board after serving three	90810
consecutive terms, the appointing authority may request a waiver	90811
from the director of developmental disabilities to allow that	90812
member to serve an additional four-year term subsequent to serving	90813
three consecutive four-year terms. The director shall determine if	90814
the extenuating circumstances associated with the board warrant	90815
the granting of such a waiver.	90816

Sec. 5126.05. (A) Subject to the rules established by the	90817
director of developmental disabilities pursuant to Chapter 119. of	90818
the Revised Code for programs and services offered pursuant to	90819
this chapter, and subject to the rules established by the state	90820
board of education pursuant to Chapter 119. of the Revised Code	90821
for programs and services offered pursuant to Chapter 3323. of the	90822
Revised Code, the county board of developmental disabilities	90823
shall:	90824

(1) Administer and operate facilities, programs, and services	90825
as provided by this chapter and Chapter 3323. of the Revised Code	90826
and establish policies for their administration and operation;	90827

(2) Coordinate, monitor, and evaluate existing services and	90828
facilities available to individuals with mental retardation and	90829
developmental disabilities;	90830

(3) Provide early childhood services, supportive home	90831
services, and adult services, according to the plan and priorities	90832
developed under section 5126.04 of the Revised Code;	90833

(4) Provide or contract for special education services	90834
pursuant to Chapters 3317. and 3323. of the Revised Code and	90835
ensure that related services, as defined in section 3323.01 of the	90836
Revised Code, are available according to the plan and priorities	90837
developed under section 5126.04 of the Revised Code;	90838

(5) Adopt a budget, authorize expenditures for the purposes	90839
specified in this chapter and do so in accordance with section	90840
319.16 of the Revised Code, approve attendance of board members	90841
and employees at professional meetings and approve expenditures	90842
for attendance, and exercise such powers and duties as are	90843
prescribed by the director;	90844

(6) Submit annual reports of its work and expenditures,	90845
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	90846
the director, the superintendent of public instruction, and the	90847
board of county commissioners at the close of the fiscal year and	90848
at such other times as may reasonably be requested;	90849

(7) Authorize all positions of employment, establish	90850
compensation, including but not limited to salary schedules and	90851
fringe benefits for all board employees, approve contracts of	90852
employment for management employees that are for a term of more	90853
than one year, employ legal counsel under section 309.10 of the	90854
Revised Code, and contract for employee benefits;	90855

(8) Provide service and support administration in accordance	90856
with section 5126.15 of the Revised Code;	90857

(9) Certify respite care homes pursuant to rules adopted	90858
under section 5123.171 of the Revised Code by the director of	90859
developmental disabilities;	90860

(10) Implement an employment first policy that clearly	90861
identifies community employment as the desired outcome for every	90862
individual of working age who receives services from the board;	90863

(11) Set benchmarks for improving community employment	90864
outcomes;	90865

(12) Establish a list of services, from least to most	90866
integrated, that improve community employment outcomes.	90867

(B) To the extent that rules adopted under this section apply	90868
to the identification and placement of children with disabilities	90869
under Chapter 3323. of the Revised Code, they shall be consistent	90870
with the standards and procedures established under sections	90871
3323.03 to 3323.05 of the Revised Code.	90872

(C) Any county board may enter into contracts with other such	90873
boards and with public or private, nonprofit, or profit-making	90874
agencies or organizations of the same or another county, to	90875
provide the facilities, programs, and services authorized or	90876
required, upon such terms as may be agreeable, and in accordance	90877
with this chapter and Chapter 3323. of the Revised Code and rules	90878
adopted thereunder and in accordance with sections 307.86 and	90879
5126.071 of the Revised Code.	90880

(D) A county board may combine transportation for children	90881
and adults enrolled in programs and services offered under Chapter	90882
5126. of the Revised Code with transportation for children	90883
enrolled in classes funded under ~~section~~sections 3317.0213 and	90884
3317.20 ~~or units approved under section 3317.05~~ of the Revised	90885
Code.	90886

(E) A county board may purchase all necessary insurance	90887
policies, may purchase equipment and supplies through the	90888
department of administrative services or from other sources, and	90889
may enter into agreements with public agencies or nonprofit	90890
organizations for cooperative purchasing arrangements.	90891

(F) A county board may receive by gift, grant, devise, or	90892
bequest any moneys, lands, or property for the benefit of the	90893
purposes for which the board is established and hold, apply, and	90894
dispose of the moneys, lands, and property according to the terms	90895
of the gift, grant, devise, or bequest. All money received by	90896
gift, grant, bequest, or disposition of lands or property received	90897
by gift, grant, devise, or bequest shall be deposited in the	90898
county treasury to the credit of such board and shall be available	90899
for use by the board for purposes determined or stated by the	90900
donor or grantor, but may not be used for personal expenses of the	90901
board members. Any interest or earnings accruing from such gift,	90902
grant, devise, or bequest shall be treated in the same manner and	90903
subject to the same provisions as such gift, grant, devise, or	90904
bequest.	90905

(G) The board of county commissioners shall levy taxes and	90906
make appropriations sufficient to enable the county board of	90907
developmental disabilities to perform its functions and duties,	90908
and may utilize any available local, state, and federal funds for	90909
such purpose.	90910

Sec. 5126.051. (A) To the extent that resources are	90911
available, a county board of developmental disabilities shall	90912
provide for or arrange residential services and supported living	90913
for individuals with mental retardation and developmental	90914
disabilities.	90915

A county board may acquire, convey, lease, or sell property	90916
for residential services and supported living and enter into loan	90917
agreements, including mortgages, for the acquisition of such	90918
property. A county board is not required to comply with provisions	90919
of Chapter 307. of the Revised Code providing for competitive	90920
bidding or sheriff sales in the acquisition, lease, conveyance, or	90921
sale of property under this division, but the acquisition, lease,	90922
conveyance, or sale must be at fair market value determined by	90923
appraisal of one or more disinterested persons appointed by the	90924
board.	90925

Any action taken by a county board under this division that	90926
will incur debt on the part of the county shall be taken in	90927
accordance with Chapter 133. of the Revised Code. A county board	90928
shall not incur any debt on the part of the county without the	90929
prior approval of the board of county commissioners.	90930

(B)(1) To the extent that resources are available, in	90931
~~addition to sheltered employment and work activities provided as~~a	90932
county board shall provide or arrange for the provision of adult	90933
services pursuant to division (A)(3) of section 5126.05 of the	90934
Revised Code, ~~a county board of developmental disabilities may~~	90935
~~provide or arrange for~~including job training, vocational	90936
evaluation, and community employment services to ~~mentally retarded~~	90937
~~and developmentally disabled~~ individuals who are age eighteen and	90938
older and not enrolled in a program or service under Chapter 3323.	90939
of the Revised Code or age sixteen or seventeen and eligible for	90940
adult services under rules adopted by the director of	90941
developmental disabilities under Chapter 119. of the Revised Code.	90942
These services shall be provided in accordance with the	90943
individual's individual service or habilitation plan and shall	90944
include support services specified in the plan.	90945

(2) A county board may, in cooperation with the ~~Ohio~~	90946
rehabilitation services commission, seek federal funds for job	90947
training and community employment services.	90948

(3) A county board may contract with any agency, board, or	90949
other entity that is accredited by the commission on accreditation	90950
of rehabilitation facilities to provide services. A county board	90951
that is accredited by the commission on accreditation of	90952
rehabilitation facilities may provide services for which it is	90953
certified by the commission.	90954

(C) To the extent that resources are available, a county	90955
board may provide services to an individual with mental	90956
retardation or other developmental disability in addition to those	90957
provided pursuant to this section, section 5126.05 of the Revised	90958
Code, or any other section of this chapter. The services shall be	90959
provided in accordance with the individual's habilitation or	90960
service plan and may be provided in collaboration with other	90961
entities of state or local government.	90962

Sec. 5126.054. (A) Each county board of developmental	90963
disabilities shall, by resolution, develop a three-calendar year	90964
plan that includes the following three components:	90965

(1) An assessment component that includes all of the	90966
following:	90967

(a) The number of individuals with mental retardation or	90968
other developmental disability residing in the county who need the	90969
level of care provided by an ~~intermediate care facility for the~~	90970
~~mentally retarded~~ICF/MR, may seek home and community-based	90971
services, and are given priority on a waiting list established for	90972
the services pursuant to section 5126.042 of the Revised Code; the	90973
service needs of those individuals; and the projected annualized	90974
cost for services;	90975

(b) The source of funds available to the county board to pay	90976
the nonfederal share of medicaid expenditures that the county	90977
board is required by sections 5126.059 and 5126.0510 of the	90978
Revised Code to pay;	90979

(c) Any other applicable information or conditions that the	90980
department of developmental disabilities requires as a condition	90981
of approving the component under section 5123.046 of the Revised	90982
Code.	90983

(2) A preliminary implementation component that specifies the	90984
number of individuals to be provided, during the first year that	90985
the plan is in effect, home and community-based services pursuant	90986
to the waiting list priority given to them under section 5126.042	90987
of the Revised Code and the types of home and community-based	90988
services the individuals are to receive;	90989

(3) A component that provides for the implementation of	90990
medicaid case management services and home and community-based	90991
services for individuals who begin to receive the services on or	90992
after the date the plan is approved under section 5123.046 of the	90993
Revised Code. A county board shall include all of the following in	90994
the component:	90995

(a) If the department of developmental disabilities or	90996
department of ~~job and family services~~medicaid requires, an	90997
agreement to pay the nonfederal share of medicaid expenditures	90998
that the county board is required by sections 5126.059 and	90999
5126.0510 of the Revised Code to pay;	91000

(b) How the services are to be phased in over the period the	91001
plan covers, including how the county board will serve individuals	91002
who have priority on a waiting list established under section	91003
5126.042 of the Revised Code;	91004

(c) Any agreement or commitment regarding the county board's	91005
funding of home and community-based services that the county board	91006
has with the department at the time the county board develops the	91007
component;	91008

(d) Assurances adequate to the department that the county	91009
board will comply with all of the following requirements:	91010

(i) To provide the types of home and community-based services	91011
specified in the preliminary implementation component required by	91012
division (A)(2) of this section to at least the number of	91013
individuals specified in that component;	91014

(ii) To use any additional funds the county board receives	91015
for the services to improve the county board's resource	91016
capabilities for supporting such services available in the county	91017
at the time the component is developed and to expand the services	91018
to accommodate the unmet need for those services in the county;	91019

(iii) To employ or contract with a business manager or enter	91020
into an agreement with another county board of developmental	91021
disabilities that employs or contracts with a business manager to	91022
have the business manager serve both county boards. No	91023
superintendent of a county board may serve as the county board's	91024
business manager.	91025

(iv) To employ or contract with a medicaid services manager	91026
or enter into an agreement with another county board of	91027
developmental disabilities that employs or contracts with a	91028
medicaid services manager to have the medicaid services manager	91029
serve both county boards. No superintendent of a county board may	91030
serve as the county board's medicaid services manager.	91031

(e) Programmatic and financial accountability measures and	91032
projected outcomes expected from the implementation of the plan;	91033

(f) Any other applicable information or conditions that the	91034
department requires as a condition of approving the component	91035
under section 5123.046 of the Revised Code.	91036

(B) A county board whose plan developed under division (A) of	91037
this section is approved by the department under section 5123.046	91038
of the Revised Code shall update and renew the plan in accordance	91039
with a schedule the department shall develop.	91040

Sec. 5126.055. (A) Except as provided in section 5126.056 of	91041
the Revised Code, a county board of developmental disabilities has	91042
medicaid local administrative authority to, and shall, do all of	91043
the following for an individual with mental retardation or other	91044
developmental disability who resides in the county that the county	91045
board serves and seeks or receives home and community-based	91046
services:	91047

(1) Perform assessments and evaluations of the individual. As	91048
part of the assessment and evaluation process, the county board	91049
shall do all of the following:	91050

(a) Make a recommendation to the department of developmental	91051
disabilities on whether the department should approve or deny the	91052
individual's application for the services, including on the basis	91053
of whether the individual needs the level of care an ~~intermediate~~	91054
~~care facility for the mentally retarded~~ICF/MR provides;	91055

(b) If the individual's application is denied because of the	91056
county board's recommendation and the individual ~~requests a~~	91057
~~hearing under~~appeals pursuant to section ~~5101.35~~5160.31 of the	91058
Revised Code, present, with the department of developmental	91059
disabilities or department of ~~job and family services~~medicaid,	91060
whichever denies the application, the reasons for the	91061
recommendation and denial at the hearing;	91062

(c) If the individual's application is approved, recommend to	91063
the departments of developmental disabilities and ~~job and family~~	91064
~~services~~medicaid the services that should be included in the	91065
individual's individualized service plan and, if either department	91066
approves, reduces, denies, or terminates a service included in the	91067
individual's individualized service plan under section ~~5111.871~~	91068
5166.20 of the Revised Code because of the county board's	91069
recommendation, present, with the department that made the	91070
approval, reduction, denial, or termination, the reasons for the	91071
recommendation and approval, reduction, denial, or termination at	91072
a hearing held pursuant to an appeal made under section ~~5101.35~~	91073
5160.31 of the Revised Code.	91074

(2) Perform any duties assigned to the county board in rules	91075
adopted under section 5126.046 of the Revised Code regarding the	91076
individual's right to choose a qualified and willing provider of	91077
the services and, at a hearing held pursuant to an appeal made	91078
under section ~~5101.35~~5160.31 of the Revised Code, present	91079
evidence of the process for appropriate assistance in choosing	91080
providers;	91081

(3) If the county board is certified under section 5123.161	91082
of the Revised Code to provide the services and agrees to provide	91083
the services to the individual and the individual chooses the	91084
county board to provide the services, furnish, in accordance with	91085
the county board's medicaid provider agreement and for the	91086
authorized reimbursement rate, the services the individual	91087
requires;	91088

(4) Monitor the services provided to the individual and	91089
ensure the individual's health, safety, and welfare. The	91090
monitoring shall include quality assurance activities. If the	91091
county board provides the services, the department of	91092
developmental disabilities shall also monitor the services.	91093

(5) Develop, with the individual and the provider of the	91094
individual's services, an effective individualized service plan	91095
that includes coordination of services, recommend that the	91096
departments of developmental disabilities and ~~job and family~~	91097
~~services~~medicaid approve the plan, and implement the plan unless	91098
either department disapproves it. The individualized service plan	91099
shall include a summary page, agreed to by the county board,	91100
provider, and individual receiving services, that clearly outlines	91101
the amount, duration, and scope of services to be provided under	91102
the plan.	91103

(6) Have an investigative agent conduct investigations under	91104
section 5126.313 of the Revised Code that concern the individual;	91105

(7) Have a service and support administrator perform the	91106
duties under division (B)(9) of section 5126.15 of the Revised	91107
Code that concern the individual.	91108

(B) A county board shall perform its medicaid local	91109
administrative authority under this section in accordance with all	91110
of the following:	91111

(1) The county board's plan that the department of	91112
developmental disabilities approves under section 5123.046 of the	91113
Revised Code;	91114

(2) All applicable federal and state laws;

91115

(3) All applicable policies of the departments of	91116
developmental disabilities and ~~job and family services~~medicaid	91117
and the United States department of health and human services;	91118

(4) The department of ~~job and family services'~~medicaid's	91119
supervision under its authority ~~under section 5111.01 of the~~	91120
~~Revised Code to act~~ as the single state medicaid agency;	91121

(5) The department of developmental disabilities' oversight.

91122

(C) The departments of developmental disabilities and ~~job and~~	91123
~~family services~~medicaid shall communicate with and provide	91124
training to county boards regarding medicaid local administrative	91125
authority granted by this section. The communication and training	91126
shall include issues regarding audit protocols and other standards	91127
established by the United States department of health and human	91128
services that the departments determine appropriate for	91129
communication and training. County boards shall participate in the	91130
training. The departments shall assess the county board's	91131
compliance against uniform standards that the departments shall	91132
establish.	91133

(D) A county board may not delegate its medicaid local	91134
administrative authority granted under this section but may	91135
contract with a person or government entity, including a council	91136
of governments, for assistance with its medicaid local	91137
administrative authority. A county board that enters into such a	91138
contract shall notify the director of developmental disabilities.	91139
The notice shall include the tasks and responsibilities that the	91140
contract gives to the person or government entity. The person or	91141
government entity shall comply in full with all requirements to	91142
which the county board is subject regarding the person or	91143
government entity's tasks and responsibilities under the contract.	91144
The county board remains ultimately responsible for the tasks and	91145
responsibilities.	91146

(E) A county board that has medicaid local administrative	91147
authority under this section shall, through the departments of	91148
developmental disabilities and ~~job and family services~~medicaid,	91149
reply to, and cooperate in arranging compliance with, a program or	91150
fiscal audit or program violation exception that a state or	91151
federal audit or review discovers. The department of ~~job and~~	91152
~~family services~~medicaid shall timely notify the department of	91153
developmental disabilities and the county board of any adverse	91154
findings. After receiving the notice, the county board, in	91155
conjunction with the department of developmental disabilities,	91156
shall cooperate fully with the department of ~~job and family~~	91157
~~services~~medicaid and timely prepare and send to the department a	91158
written plan of correction or response to the adverse findings.	91159
The county board is liable for any adverse findings that result	91160
from an action it takes or fails to take in its implementation of	91161
medicaid local administrative authority.	91162

(F) If the department of developmental disabilities or	91163
department of ~~job and family services~~medicaid determines that a	91164
county board's implementation of its medicaid local administrative	91165
authority under this section is deficient, the department that	91166
makes the determination shall require that county board do the	91167
following:	91168

(1) If the deficiency affects the health, safety, or welfare	91169
of an individual with mental retardation or other developmental	91170
disability, correct the deficiency within twenty-four hours;	91171

(2) If the deficiency does not affect the health, safety, or	91172
welfare of an individual with mental retardation or other	91173
developmental disability, receive technical assistance from the	91174
department or submit a plan of correction to the department that	91175
is acceptable to the department within sixty days and correct the	91176
deficiency within the time required by the plan of correction.	91177

Sec. 5126.131. (A)(1) Each regional council established	91178
under section 5126.13 of the Revised Code shall file with the	91179
department of developmental disabilities an annual cost report	91180
detailing the regional council's income and expenditures.	91181

(2) Each county board of developmental disabilities shall	91182
file with the department an annual cost report detailing the	91183
board's income and expenditures.	91184

(B)(1)(a) Unless the department establishes a later date for	91185
all regional council cost reports, each council shall file its	91186
cost report not later than the last day of April. At the written	91187
request of a regional council, the department may grant a	91188
fourteen-day extension for filing the cost report.	91189

(b) Unless the department establishes a later date for all	91190
county board cost reports, each board shall file its cost report	91191
not later than the last day of May. At the written request of a	91192
board, the department may grant a fourteen-day extension for	91193
filing the board's cost report.	91194

(2) The cost report shall contain information on the previous	91195
calendar year's income and expenditures. Once filed by a regional	91196
council or board, no changes may be made to the cost report,	91197
including the submission of additional documentation, except as	91198
otherwise provided in this section.	91199

(C) Each cost report filed under this section by a regional	91200
council or board shall be audited by the department or an entity	91201
designated by the department. The department or designated entity	91202
shall notify the regional council or board of the date on which	91203
the audit is to begin. The department may permit a regional	91204
council or board to submit changes to the cost report before the	91205
audit begins.	91206

If the department or designated entity determines that a	91207
filed cost report is not auditable, it shall provide written	91208
notification to the regional council or board of the cost report's	91209
deficiencies and may request additional documentation. If the	91210
department or designated entity requests additional documentation,	91211
the regional council or board shall be given sixty days after the	91212
request is made to provide the additional documentation. After	91213
sixty days, the department or designated entity shall determine	91214
whether the cost report is auditable with any additional	91215
documentation provided and shall notify the regional council or	91216
board of its determination. The determination of the department or	91217
designated entity is final.	91218

(D) The department or designated entity shall certify its	91219
audit as complete and file a copy of the certified audit in the	91220
office of the clerk of the governing body, executive officer of	91221
the governing body, and chief fiscal officer of the audited	91222
regional council or board. Changes may not be made to a cost	91223
report once the department or designated entity files the	91224
certified audit. The cost report is not a public record under	91225
section 149.43 of the Revised Code until copies of the cost report	91226
are filed pursuant to this section.	91227

(E) The department may withhold any funds that it distributes	91228
to a regional council or board as subsidy payments if either of	91229
the following is the case:	91230

(1) The cost report is not timely filed by the regional	91231
council or board with the department in accordance with division	91232
(B) of this section.	91233

(2) The cost report is determined not auditable under	91234
division (C) of this section after the department or designated	91235
entity gives the regional council or board sixty days to provide	91236
additional documentation.	91237

(F) Cost reports shall be retained by regional councils and	91238
boards for seven years. The department shall provide annual	91239
training to regional council and board employees regarding cost	91240
reports required by this section.	91241

(G) The department, in accordance with Chapter 119. of the	91242
Revised Code, may adopt any rules necessary to implement this	91243
section.	91244

Sec. 5126.24. (A) As used in this section:

91245

(1) "License" means an educator license issued by the state	91246
board of education under section 3319.22 of the Revised Code or a	91247
certificate issued by the department of developmental	91248
disabilities.	91249

(2) "Teacher" means a person employed by a county board of	91250
developmental disabilities in a position that requires a license.	91251

(3) "Nonteaching employee" means a person employed by a	91252
county board of developmental disabilities in a position that does	91253
not require a license.	91254

(4) "Years of service" includes all service described in	91255
division (A) of section ~~3317.13~~3317.14 of the Revised Code.	91256

(B) Subject to rules established by the director of	91257
developmental disabilities pursuant to Chapter 119. of the Revised	91258
Code, each county board of developmental disabilities shall	91259
annually adopt separate salary schedules for teachers and	91260
nonteaching employees.	91261

(C) The teachers' salary schedule shall provide for	91262
increments based on training and years of service. The board may	91263
establish its own service requirements ~~provided no teacher~~	91264
~~receives less than the salary the teacher would be paid under~~	91265
~~section 3317.13 of the Revised Code if the teacher were employed~~	91266
~~by a school district board of education and~~ provided full credit	91267
for a minimum of five years of actual teaching and military	91268
experience as defined in division (A) of such section is given to	91269
each teacher.	91270

Each teacher who has completed training that would qualify	91271
the teacher for a higher salary bracket pursuant to this section	91272
shall file by the fifteenth day of September with the fiscal	91273
officer of the board, satisfactory evidence of the completion of	91274
such additional training. The fiscal officer shall then	91275
immediately place the teacher, pursuant to this section, in the	91276
proper salary bracket in accordance with training and years of	91277
service. ~~No teacher shall be paid less than the salary to which~~	91278
~~the teacher would be entitled under section 3317.13 of the Revised~~	91279
~~Code if the teacher were employed by a school district board of~~	91280
~~education.~~	91281

The superintendent of each county board, on or before the	91282
fifteenth day of October of each year, shall certify to the state	91283
board of education the name of each teacher employed, on an annual	91284
salary, in each special education program operated pursuant to	91285
section 3323.09 of the Revised Code during the first full school	91286
week of October. The superintendent further shall certify, for	91287
each teacher, the number of years of training completed at a	91288
recognized college, the degrees earned from a college recognized	91289
by the state board, the type of license held, the number of months	91290
employed by the board, the annual salary, and other information	91291
that the state board may request.	91292

(D) The nonteaching employees' salary schedule established by	91293
the board shall be based on training, experience, and	91294
qualifications with initial salaries no less than salaries in	91295
effect on July 1, 1985. Each board shall prepare and may amend	91296
from time to time, specifications descriptive of duties,	91297
responsibilities, requirements, and desirable qualifications of	91298
the classifications of employees required to perform the duties	91299
specified in the salary schedule. All nonteaching employees shall	91300
be notified of the position classification to which they are	91301
assigned and the salary for the classification. The compensation	91302
of all nonteaching employees working for a particular board shall	91303
be uniform for like positions except as compensation would be	91304
affected by salary increments based upon length of service.	91305

On the fifteenth day of October of each year the nonteaching	91306
employees' salary schedule and list of job classifications and	91307
salaries in effect on that date shall be filed by each board with	91308
the superintendent of public instruction. If such salary schedule	91309
and classification plan is not filed, the superintendent of public	91310
instruction shall order the board to file such schedule and list	91311
forthwith. If this condition is not corrected within ten days	91312
after receipt of the order from the superintendent, no money shall	91313
be distributed to the board under Chapter 3317. of the Revised	91314
Code until the superintendent has satisfactory evidence of the	91315
board's full compliance with such order.	91316

Sec. 5139.03. The department of youth services shall control	91317
and manage all state institutions or facilities established or	91318
created for the training or rehabilitation of delinquent children	91319
committed to the department, except where the control and	91320
management of an institution or facility is vested by law in	91321
another agency. The department shall employ, in addition to other	91322
personnel authorized under Chapter 5139. of the Revised Code,	91323
sufficient personnel to maintain food service and buildings and	91324
grounds operations.	91325

The department of youth services shall, insofar as	91326
practicable, purchase foods and other commodities incident to food	91327
service operations from the department of ~~mental health~~mental	91328
health and addiction services. The department of youth services	91329
may enter into agreements with the department of ~~mental health~~	91330
mental health and addiction services providing for assistance and	91331
consultation in the construction of, or major modifications to,	91332
capital facilities of the department of youth services.	91333

The directors of ~~mental health~~mental health and addiction	91334
services and of youth services shall enter into written agreements	91335
to implement this section. Such directors may, from time to time,	91336
amend any agreements entered into under this section for the	91337
purposes of making more efficient use of personnel, taking	91338
advantage of economies in quantity purchasing, or for any other	91339
purpose which is mutually advantageous to both the department of	91340
youth services and the department of ~~mental health~~mental health	91341
and addiction services.	91342

The department of youth services may transfer any of its	91343
excess or surplus supplies to a community corrections facility.	91344
These supplies shall remain the property of the department for a	91345
period of five years from the date of the transfer. After the	91346
five-year period, the supplies shall become the property of the	91347
facility.	91348

Sec. 5139.04. The department of youth services shall do all	91349
of the following:	91350

(A) Support service districts through a central	91351
administrative office that shall have as its administrative head a	91352
deputy director who shall be appointed by the director of the	91353
department. When a vacancy occurs in the office of that deputy	91354
director, an assistant deputy director shall act as that deputy	91355
director until the vacancy is filled. The position of deputy	91356
director and assistant deputy director described in this division	91357
shall be in the unclassified civil service of the state.	91358

(B) Receive custody of all children committed to it under	91359
Chapter 2152. of the Revised Code, cause a study to be made of	91360
those children, and issue any orders, as it considers best suited	91361
to the needs of any of those children and the interest of the	91362
public, for the treatment of each of those children;	91363

(C) Obtain personnel necessary for the performance of its	91364
duties;	91365

(D) Adopt rules that regulate its organization and operation,	91366
that implement sections 5139.34 and 5139.41 to 5139.43 of the	91367
Revised Code, and that pertain to the administration of other	91368
sections of this chapter;	91369

(E) Submit reports of its operations to the governor and the	91370
general assembly by the thirty-first day of January of each	91371
odd-numbered year;	91372

(F) Conduct a program of research in diagnosis, training, and	91373
treatment of delinquent children to evaluate the effectiveness of	91374
the department's services and to develop more adequate methods;	91375

(G) Develop a standard form for the disposition investigation	91376
report that a juvenile court is required pursuant to section	91377
2152.18 of the Revised Code to complete and provide to the	91378
department when the court commits a child to the legal custody of	91379
the department;	91380

(H) Allow the state public defender the access authorized	91381
under division (I) of section 120.06 of the Revised Code in order	91382
to fulfill the department's constitutional obligation to provide	91383
juveniles who have been committed to the department's care access	91384
to the courts.	91385

(I) Do all other acts necessary or desirable to carry out	91386
this chapter.	91387

Sec. 5139.08. The department of youth services may enter	91388
into an agreement with the director of rehabilitation and	91389
correction pursuant to which the department of youth services, in	91390
accordance with division (C)(2) of section 5139.06 and section	91391
5120.162 of the Revised Code, may transfer to a correctional	91392
medical center established by the department of rehabilitation and	91393
correction, children who are within its custody for diagnosis or	91394
treatment of an illness, physical condition, or other medical	91395
problem. The department of youth services may enter into any other	91396
agreements with the director of job and family services, the	91397
director of ~~mental health~~mental health and addiction services,	91398
the director of developmental disabilities, the director of	91399
rehabilitation and correction, with the courts having probation	91400
officers or other public officials, and with private agencies or	91401
institutions for separate care or special treatment of children	91402
subject to the control of the department of youth services. The	91403
department of youth services may, upon the request of a juvenile	91404
court not having a regular probation officer, provide probation	91405
services for such court.	91406

Upon request by the department of youth services, any public	91407
agency or group care facility established or administered by the	91408
state for the care and treatment of children and youth shall,	91409
consistent with its functions, accept and care for any child whose	91410
custody is vested in the department in the same manner as it would	91411
be required to do if custody had been vested by a court in such	91412
agency or group care facility. If the department has reasonable	91413
grounds to believe that any child or youth whose custody is vested	91414
in it is mentally ill or mentally retarded, the department may	91415
file an affidavit under section 5122.11 or 5123.76 of the Revised	91416
Code. The department's affidavit for admission of a child or youth	91417
to such institution shall be filed with the probate court of the	91418
county from which the child was committed to the department. Such	91419
court may request the probate court of the county in which the	91420
child is held to conduct the hearing on the application, in which	91421
case the court making such request shall bear the expenses of the	91422
proceeding. If the department files such an affidavit, the child	91423
or youth may be kept in such institution until a final decision on	91424
the affidavit is made by the appropriate court.	91425

Sec. 5139.34. (A) Funds may be appropriated to the	91426
department of youth services for the purpose of granting state	91427
subsidies to counties. A county or the juvenile court that serves	91428
a county shall use state subsidies granted to the county pursuant	91429
to this section only in accordance with divisions (B)(2)(a) and	91430
(3)(a) of section 5139.43 of the Revised Code and the rules	91431
pertaining to the state subsidy funds that the department adopts	91432
pursuant to division (D) of section 5139.04 of the Revised Code.	91433
The department shall not grant financial assistance pursuant to	91434
this section for the provision of care and services for children	91435
in a placement facility unless the facility has been certified,	91436
licensed, or approved by a state or national agency with	91437
certification, licensure, or approval authority, including, but	91438
not limited to, the department of job and family services,	91439
department of education, department of ~~mental health~~mental health	91440
and addiction services, department of developmental disabilities,	91441
or American correctional association. For the purposes of this	91442
section, placement facilities do not include a state institution	91443
or a county or district children's home.	91444

The department also shall not grant financial assistance	91445
pursuant to this section for the provision of care and services	91446
for children, including, but not limited to, care and services in	91447
a detention facility, in another facility, or in out-of-home	91448
placement, unless the minimum standards applicable to the care and	91449
services that the department prescribes in rules adopted pursuant	91450
to division (D) of section 5139.04 of the Revised Code have been	91451
satisfied.	91452

(B) The department of youth services shall apply the	91453
following formula to determine the amount of the annual grant that	91454
each county is to receive pursuant to division (A) of this	91455
section, subject to the appropriation for this purpose to the	91456
department made by the general assembly:	91457

(1) Each county shall receive a basic annual grant of fifty	91458
thousand dollars.	91459

(2) The sum of the basic annual grants provided under	91460
division (B)(1) of this section shall be subtracted from the total	91461
amount of funds appropriated to the department of youth services	91462
for the purpose of making grants pursuant to division (A) of this	91463
section to determine the remaining portion of the funds	91464
appropriated. The remaining portion of the funds appropriated	91465
shall be distributed on a per capita basis to each county that has	91466
a population of more than twenty-five thousand for that portion of	91467
the population of the county that exceeds twenty-five thousand.	91468

(C)(1) Prior to a county's receipt of an annual grant	91469
pursuant to this section, the juvenile court that serves the	91470
county shall prepare, submit, and file in accordance with division	91471
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	91472
agreement and application for funding that is for the combined	91473
purposes of, and that satisfies the requirements of, this section	91474
and section 5139.43 of the Revised Code. In addition to the	91475
subject matters described in division (B)(3)(a) of section 5139.43	91476
of the Revised Code or in the rules that the department adopts to	91477
implement that division, the annual grant agreement and	91478
application for funding shall address fiscal accountability and	91479
performance matters pertaining to the programs, care, and services	91480
that are specified in the agreement and application and for which	91481
state subsidy funds granted pursuant to this section will be used.	91482

(2) The county treasurer of each county that receives an	91483
annual grant pursuant to this section shall deposit the state	91484
subsidy funds so received into the county's felony delinquent care	91485
and custody fund created pursuant to division (B)(1) of section	91486
5139.43 of the Revised Code. Subject to exceptions prescribed in	91487
section 5139.43 of the Revised Code that may apply to the	91488
disbursement, the department shall disburse the state subsidy	91489
funds to which a county is entitled in a lump sum payment that	91490
shall be made in July of each calendar year.	91491

(3) Upon an order of the juvenile court that serves a county	91492
and subject to appropriation by the board of county commissioners	91493
of that county, a county treasurer shall disburse from the	91494
county's felony delinquent care and custody fund the state subsidy	91495
funds granted to the county pursuant to this section for use only	91496
in accordance with this section, the applicable provisions of	91497
section 5139.43 of the Revised Code, and the county's approved	91498
annual grant agreement and application for funding.	91499

(4) The moneys in a county's felony delinquent care and	91500
custody fund that represent state subsidy funds granted pursuant	91501
to this section are subject to appropriation by the board of	91502
county commissioners of the county; shall be disbursed by the	91503
county treasurer as required by division (C)(3) of this section;	91504
shall be used in the manners referred to in division (C)(3) of	91505
this section; shall not revert to the county general fund at the	91506
end of any fiscal year; shall carry over in the felony delinquent	91507
care and custody fund from the end of any fiscal year to the next	91508
fiscal year; shall be in addition to, and shall not be used to	91509
reduce, any usual annual increase in county funding that the	91510
juvenile court is eligible to receive or the current level of	91511
county funding of the juvenile court and of any programs, care, or	91512
services for alleged or adjudicated delinquent children, unruly	91513
children, or juvenile traffic offenders or for children who are at	91514
risk of becoming delinquent children, unruly children, or juvenile	91515
traffic offenders; and shall not be used to pay for the care and	91516
custody of felony ~~deliquents~~delinquents who are in the care and	91517
custody of an institution pursuant to a commitment, recommitment,	91518
or revocation of a release on parole by the juvenile court of that	91519
county or who are in the care and custody of a community	91520
corrections facility pursuant to a placement by the department	91521
with the consent of the juvenile court as described in division	91522
(E) of section 5139.36 of the Revised Code.	91523

(5) As a condition of the continued receipt of state subsidy	91524
funds pursuant to this section, each county and the juvenile court	91525
that serves each county that receives an annual grant pursuant to	91526
this section shall comply with divisions (B)(3)(b), (c), and (d)	91527
of section 5139.43 of the Revised Code.	91528

Sec. 5145.162. (A) There is hereby created the office of	91529
enterprise development advisory ~~council of directors for prison~~	91530
~~labor consisting~~board to advise and assist the department of	91531
rehabilitation and correction with the creation of training	91532
programs and jobs for inmates and releasees through partnerships	91533
with private sector businesses. The board shall consist of at	91534
least five appointed members and the executive director of the	91535
office of the correctional institution inspection committee, who	91536
shall serve as an ex officio member. Each member shall have	91537
experience in labor relations, marketing, business management, or	91538
business. The members and chairperson shall be appointed by the	91539
~~governor~~director of the department of rehabilitation and	91540
correction. ~~Within thirty days after April 9, 1981, the governor~~	91541
~~shall make the initial appointments to the council of directors.~~	91542
~~Of the initial appointments made to the council of directors, two~~	91543
~~shall be for a term ending one year after April 9, 1981, two shall~~	91544
~~be for a term ending two years after that date, and one shall be~~	91545
~~for a term ending three years after that date. After the~~	91546
~~expiration of the initial terms, the terms of office for the~~	91547
~~members shall be for three years, each term ending on the same day~~	91548
~~of the same month of the year as did the term that it succeeds.~~	91549
~~Each member shall hold office from the date of appointment until~~	91550
~~the end of the term for which the member was appointed. Any~~	91551
~~vacancy on the advisory council shall be filled by the governor.~~	91552
~~Any member appointed to fill a vacancy occurring prior to the~~	91553
~~expiration of the term for which the member's predecessor was~~	91554
~~appointed shall hold office for the remainder of the predecessor's~~	91555
~~term. Any member shall continue in office subsequent to the~~	91556
~~expiration date of the member's term until a successor takes~~	91557
~~office, or until a period of sixty days has elapsed, whichever~~	91558
~~occurs first.~~	91559

(B) Each member of the advisory ~~council, while engaged in the~~	91560
~~performance of the business of the advisory council,~~board shall	91561
receive no compensation but may be reimbursed for expenses	91562
actually and necessarily incurred in the performance of official	91563
duties of the board. Members of the board who are state employees	91564
shall be reimbursed for expenses pursuant to travel rules	91565
promulgated by the office of budget and management.	91566

(C) The advisory ~~council~~board shall adopt procedures for the	91567
conduct of the board's meetings. The board shall meet ~~within two~~	91568
~~weeks after the initial members have been appointed at a time and~~	91569
~~place determined by the governor. At its first meeting, the~~	91570
~~advisory council shall elect a chairperson and shall adopt rules~~	91571
~~for its procedures. The advisory council shall elect a new~~	91572
~~chairperson annually at its January meeting. The advisory council~~	91573
~~shall meet at least once every January and~~ at least once every ~~two~~	91574
~~months thereafter~~quarter, and otherwise shall meet at the call of	91575
the chairperson or ~~upon~~ the ~~written request of at least a quorum~~	91576
~~of the members. Three~~director of the department of rehabilitation	91577
and correction. Sixty per cent of the members ~~constitutes~~shall	91578
constitute a quorum~~, and no action~~. No transaction of the board's	91579
business shall be taken without the concurrence of a quorum of the	91580
members. The board may have committees with persons who are not	91581
members of the board but whose experience and expertise is	91582
relevant and useful to the work of the committee.	91583

(D) The advisory ~~council~~board shall ~~advise and assist the~~	91584
~~department of rehabilitation and correction when the department~~	91585
~~adopts rules pursuant to division (B) of section 5145.03 of the~~	91586
~~Revised Code, establishes prices for goods, products, services, or~~	91587
~~labor produced or supplied by prisoners, and otherwise establishes~~	91588
~~and administers the program for employment of prisoners~~	91589
~~established by the department pursuant to division (A) of section~~	91590
~~5145.16 of the Revised Code. The department shall consider the~~	91591
~~advice and assistance of the advisory council that is provided~~	91592
~~pursuant to this section, and shall cooperate with the advisory~~	91593
~~council. The advisory council may recommend~~have the following	91594
duties:	91595

(1) Solicit business proposals offering job training,	91596
apprenticeship, education programs, and employment opportunities	91597
for inmates and releasees;	91598

(2) Provide information and input to the office of enterprise	91599
development to support the job training and employment program of	91600
inmates and releasees and any additional, related duties as	91601
requested by the director of the department of rehabilitation and	91602
correction;	91603

(3) Recommend to the ~~general assembly~~office of enterprise	91604
development any ~~further~~ legislation, administrative rule, or	91605
department policy change that itthe board believes is necessary	91606
to implement the department's program ~~of employment of prisoners~~;	91607

(4) Promote public awareness of the office of enterprise	91608
development and the office's employment program;	91609

(5) Familiarize itself and the public with avenues to access	91610
the office of enterprise development on employment program	91611
concerns;	91612

(6) Advocate for the needs and concerns of the office of	91613
enterprise development in local communities, counties, and the	91614
state;	91615

(7) Play an active role in the office of enterprise	91616
development's efforts to reduce recidivism in the state by doing	91617
all of the following:	91618

(a) Providing input and making recommendations for the	91619
office's consideration in monitoring employment program compliance	91620
and effectiveness;	91621

(b) Making suggestions on the appropriate priorities for the	91622
office's grant award criteria;	91623

(c) Being a liaison between the office and constituents of	91624
the board's members;	91625

(d) Working to develop constituent groups interested in	91626
employment program issues;	91627

(8) Aid in the employment program development process by	91628
playing a leadership role in professional associations by	91629
discussing employment program issues.	91630

(E) The department of rehabilitation and correction shall	91631
initially screen each proposal obtained under division (D)(1) of	91632
this section to ensure that the proposal is a viable venture to	91633
pursue. If the department determines that a proposal is a viable	91634
venture to pursue, the department shall submit the proposal to the	91635
board for objective review against established guidelines. The	91636
board shall determine whether to recommend the implementation of	91637
the program to the department.	91638

Sec. 5145.18. Any printing or binding performed in a state	91639
correctional institution may be performed for the use of the	91640
institution, the departments of ~~mental health~~mental health and	91641
addiction services, developmental disabilities, and rehabilitation	91642
and correction, the department of public safety in connection with	91643
the registration of motor vehicles, and for any other purpose	91644
authorized by division (B) of section 5145.03 and by sections	91645
5145.16 and 5145.161 of the Revised Code.	91646

Sec. 5153.16. (A) Except as provided in section 2151.422 of	91647
the Revised Code, in accordance with rules adopted under section	91648
5153.166 of the Revised Code, and on behalf of children in the	91649
county whom the public children services agency considers to be in	91650
need of public care or protective services, the public children	91651
services agency shall do all of the following:	91652

(1) Make an investigation concerning any child alleged to be	91653
an abused, neglected, or dependent child;	91654

(2) Enter into agreements with the parent, guardian, or other	91655
person having legal custody of any child, or with the department	91656
of job and family services, department of ~~mental health~~mental	91657
health and addiction services, department of developmental	91658
disabilities, other department, any certified organization within	91659
or outside the county, or any agency or institution outside the	91660
state, having legal custody of any child, with respect to the	91661
custody, care, or placement of any child, or with respect to any	91662
matter, in the interests of the child, provided the permanent	91663
custody of a child shall not be transferred by a parent to the	91664
public children services agency without the consent of the	91665
juvenile court;	91666

(3) Accept custody of children committed to the public	91667
children services agency by a court exercising juvenile	91668
jurisdiction;	91669

(4) Provide such care as the public children services agency	91670
considers to be in the best interests of any child adjudicated to	91671
be an abused, neglected, or dependent child the agency finds to be	91672
in need of public care or service;	91673

(5) Provide social services to any unmarried girl adjudicated	91674
to be an abused, neglected, or dependent child who is pregnant	91675
with or has been delivered of a child;	91676

(6) Make available to the bureau for children with medical	91677
handicaps of the department of health at its request any	91678
information concerning a crippled child found to be in need of	91679
treatment under sections 3701.021 to 3701.028 of the Revised Code	91680
who is receiving services from the public children services	91681
agency;	91682

(7) Provide temporary emergency care for any child considered	91683
by the public children services agency to be in need of such care,	91684
without agreement or commitment;	91685

(8) Find certified foster homes, within or outside the	91686
county, for the care of children, including handicapped children	91687
from other counties attending special schools in the county;	91688

(9) Subject to the approval of the board of county	91689
commissioners and the state department of job and family services,	91690
establish and operate a training school or enter into an agreement	91691
with any municipal corporation or other political subdivision of	91692
the county respecting the operation, acquisition, or maintenance	91693
of any children's home, training school, or other institution for	91694
the care of children maintained by such municipal corporation or	91695
political subdivision;	91696

(10) Acquire and operate a county children's home, establish,	91697
maintain, and operate a receiving home for the temporary care of	91698
children, or procure certified foster homes for this purpose;	91699

(11) Enter into an agreement with the trustees of any	91700
district children's home, respecting the operation of the district	91701
children's home in cooperation with the other county boards in the	91702
district;	91703

(12) Cooperate with, make its services available to, and act	91704
as the agent of persons, courts, the department of job and family	91705
services, the department of health, and other organizations within	91706
and outside the state, in matters relating to the welfare of	91707
children, except that the public children services agency shall	91708
not be required to provide supervision of or other services	91709
related to the exercise of parenting time rights granted pursuant	91710
to section 3109.051 or 3109.12 of the Revised Code or	91711
companionship or visitation rights granted pursuant to section	91712
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	91713
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	91714
a common pleas court, pursuant to division (E)(6) of section	91715
3113.31 of the Revised Code, requires the provision of supervision	91716
or other services related to the exercise of the parenting time	91717
rights or companionship or visitation rights;	91718

(13) Make investigations at the request of any superintendent	91719
of schools in the county or the principal of any school concerning	91720
the application of any child adjudicated to be an abused,	91721
neglected, or dependent child for release from school, where such	91722
service is not provided through a school attendance department;	91723

(14) Administer funds provided under Title IV-E of the	91724
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	91725
amended, in accordance with rules adopted under section 5101.141	91726
of the Revised Code;	91727

(15) In addition to administering Title IV-E adoption	91728
assistance funds, enter into agreements to make adoption	91729
assistance payments under section 5153.163 of the Revised Code;	91730

(16) Implement a system of safety and risk assessment, in	91731
accordance with rules adopted by the director of job and family	91732
services, to assist the public children services agency in	91733
determining the risk of abuse or neglect to a child;	91734

(17) Enter into a plan of cooperation with the board of	91735
county commissioners under section 307.983 of the Revised Code and	91736
comply with each fiscal agreement the board enters into under	91737
section 307.98 of the Revised Code that include family services	91738
duties of public children services agencies and contracts the	91739
board enters into under sections 307.981 and 307.982 of the	91740
Revised Code that affect the public children services agency;	91741

(18) Make reasonable efforts to prevent the removal of an	91742
alleged or adjudicated abused, neglected, or dependent child from	91743
the child's home, eliminate the continued removal of the child	91744
from the child's home, or make it possible for the child to return	91745
home safely, except that reasonable efforts of that nature are not	91746
required when a court has made a determination under division	91747
(A)(2) of section 2151.419 of the Revised Code;	91748

(19) Make reasonable efforts to place the child in a timely	91749
manner in accordance with the permanency plan approved under	91750
division (E) of section 2151.417 of the Revised Code and to	91751
complete whatever steps are necessary to finalize the permanent	91752
placement of the child;	91753

(20) Administer a Title IV-A program identified under	91754
division (A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised	91755
Code that the department of job and family services provides for	91756
the public children services agency to administer under the	91757
department's supervision pursuant to section 5101.801 of the	91758
Revised Code;	91759

(21) Administer the kinship permanency incentive program	91760
created under section 5101.802 of the Revised Code under the	91761
supervision of the director of job and family services;	91762

(22) Provide independent living services pursuant to sections	91763
2151.81 to 2151.84 of the Revised Code;	91764

(23) File a missing child report with a local law enforcement	91765
agency upon becoming aware that a child in the custody of the	91766
public children services agency is or may be missing.	91767

(B) The public children services agency shall use the system	91768
implemented pursuant to division (A)(16) of this section in	91769
connection with an investigation undertaken pursuant to division	91770
(F)(1) of section 2151.421 of the Revised Code to assess both of	91771
the following:	91772

(1) The ongoing safety of the child;

91773

(2) The appropriateness of the intensity and duration of the	91774
services provided to meet child and family needs throughout the	91775
duration of a case.	91776

(C) Except as provided in section 2151.422 of the Revised	91777
Code, in accordance with rules of the director of job and family	91778
services, and on behalf of children in the county whom the public	91779
children services agency considers to be in need of public care or	91780
protective services, the public children services agency may do	91781
the following:	91782

(1) Provide or find, with other child serving systems,	91783
specialized foster care for the care of children in a specialized	91784
foster home, as defined in section 5103.02 of the Revised Code,	91785
certified under section 5103.03 of the Revised Code;	91786

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	91787
this section, contract with the following for the purpose of	91788
assisting the agency with its duties:	91789

(i) County departments of job and family services;

91790

(ii) Boards of alcohol, drug addiction, and mental health	91791
services;	91792

(iii) County boards of developmental disabilities;

91793

(iv) Regional councils of political subdivisions established	91794
under Chapter 167. of the Revised Code;	91795

(v) Private and government providers of services;

91796

(vi) Managed care organizations and prepaid health plans.

91797

(b) A public children services agency contract under division	91798
(C)(2)(a) of this section regarding the agency's duties under	91799
section 2151.421 of the Revised Code may not provide for the	91800
entity under contract with the agency to perform any service not	91801
authorized by the department's rules.	91802

(c) Only a county children services board appointed under	91803
section 5153.03 of the Revised Code that is a public children	91804
services agency may contract under division (C)(2)(a) of this	91805
section. If an entity specified in division (B) or (C) of section	91806
5153.02 of the Revised Code is the public children services agency	91807
for a county, the board of county commissioners may enter into	91808
contracts pursuant to section 307.982 of the Revised Code	91809
regarding the agency's duties.	91810

Sec. 5160.01. As used in this chapter:

91811

(A) "Dual eligible individual" has the same meaning as in the	91812
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	91813
1396n(h)(2)(B). A dual eligible individual is a medicare-medicaid	91814
enrollee (MME).	91815

(B) "Exchange" has the same meaning as in 45 C.F.R. 155.20.

91816

(C) "Federal financial participation" means the federal	91817
government's share of expenditures made by an entity in	91818
implementing a medical assistance program.	91819

(D) "Medical assistance program" means all of the following:

91820

(1) The medicaid program;

91821

(2) The children's health insurance program;

91822

(3) The refugee medical assistance program;

91823

(4) Any other program that provides medical assistance and	91824
state statutes authorize the department of medicaid to administer.	91825

(E) "Medical assistance recipient" means a recipient of a	91826
medical assistance program. To the extent appropriate in the	91827
context, "medical assistance recipient" includes an individual	91828
applying for a medical assistance program, a former medical	91829
assistance recipient, or both.	91830

(F) "Medicaid managed care organization" has the same meaning	91831
as in section 5167.01 of the Revised Code.	91832

(G) "Refugee medical assistance program" means the program	91833
that the department of medicaid administers pursuant to section	91834
5160.50 of the Revised Code.	91835

Sec. 5160.011. References to the department or director of	91836
public welfare, department or director of human services,	91837
department or director of job and family services, office of	91838
medical assistance, or medical assistance director in any statute,	91839
rule, contract, grant, or other document is deemed to refer to the	91840
department of medicaid or medicaid director, as the case may be,	91841
to the extent the reference is about a duty or authority of the	91842
department of medicaid or medicaid director regarding a medical	91843
assistance program.	91844

Sec. 5160.02. The medicaid director shall adopt rules as	91845
necessary to implement this chapter.	91846

Sec. 5160.021. (A) When the medicaid director is authorized	91847
by a statute to adopt a rule, the director shall adopt the rule in	91848
accordance with the following:	91849

(1) Chapter 119. of the Revised Code if either of the	91850
following applies:	91851

(a) The statute authorizing the rule requires that the rule	91852
be adopted in accordance with Chapter 119. of the Revised Code.	91853

(b) Unless division (A)(2)(b) of this section applies, the	91854
statute authorizing the rule does not specify the procedure for	91855
the rule's adoption.	91856

(2) Section 111.15 of the Revised Code, excluding divisions	91857
(D) and (E) of that section, if either of the following applies:	91858

(a) The statute authorizing the rule requires that the rule	91859
be adopted in accordance with section 111.15 of the Revised Code	91860
and, by the terms of division (D) of that section, division (D) of	91861
that section does not apply to the rule.	91862

(b) The statute authorizing the rule does not specify the	91863
procedure for the rule's adoption and the rule concerns the	91864
day-to-day staff procedures and operations of the department of	91865
medicaid or financial and operational matters between the	91866
department and a person or government entity receiving a grant	91867
from the department.	91868

(3) Section 111.15 of the Revised Code, including divisions	91869
(D) and (E) of that section, if the statute authorizing the rule	91870
requires that the rule be adopted in accordance with that section	91871
and the rule is not exempt from the application of division (D) of	91872
that section.	91873

(B) Except as otherwise required by a statute, the adoption	91874
of a rule in accordance with Chapter 119. of the Revised Code does	91875
not make the department of medicaid subject to the notice,	91876
hearing, or other requirements of sections 119.06 to 119.13 of the	91877
Revised Code.	91878

Sec. 5160.03. The medicaid director is the executive head of	91879
the department of medicaid. All duties conferred on the department	91880
by law or order of the director are under the director's control	91881
and shall be performed in accordance with rules the director	91882
adopts.	91883

Sec. 5160.04. The medicaid director shall appoint one	91884
assistant director for the department of medicaid. The assistant	91885
director shall exercise powers, and perform duties, as ordered by	91886
the medicaid director. The assistant director shall act as the	91887
medicaid director in the medicaid director's absence or disability	91888
and when the position of medicaid director is vacant.	91889

Sec. 5160.05. The medicaid director may appoint such	91890
employees as are necessary for the efficient operation of the	91891
department of medicaid. The director may prescribe the title and	91892
duties of the employees.	91893

Sec. 5160.051. If the medicaid director determines that a	91894
position with the department of medicaid can best be filled in	91895
accordance with division (A)(2) of section 124.30 of the Revised	91896
Code or without regard to a residency requirement established by a	91897
rule adopted by the director of administrative services, the	91898
medicaid director shall provide the director of administrative	91899
services certification of the determination.	91900

Sec. 5160.052. The department of medicaid shall collaborate	91901
with the superintendent of the bureau of criminal identification	91902
and investigation to develop procedures and formats necessary to	91903
produce the notices described in division (C) of section 109.5721	91904
of the Revised Code in a format that is acceptable for use by the	91905
department. The medicaid director may adopt rules under section	91906
5160.02 of the Revised Code necessary for such collaboration. Any	91907
such rules shall be adopted in accordance with section 111.15 of	91908
the Revised Code as if they were internal management rules.	91909

The medicaid director may adopt rules under section 5160.02	91910
of the Revised Code necessary for utilizing the information	91911
received pursuant to section 109.5721 of the Revised Code. The	91912
rules shall be adopted in accordance with Chapter 119. of the	91913
Revised Code.	91914

Sec. 5160.06. The medicaid director may require any of the	91915
employees of the department of medicaid who may be charged with	91916
custody or control of any public money or property or who is	91917
required to give bond, to give a bond, properly conditioned, in a	91918
sum to be fixed by the director which when approved by the	91919
director, shall be filed in the office of the secretary of state.	91920
The cost of such bonds, when approved by the director, shall be	91921
paid from funds available for the department. The bonds required	91922
or authorized by this section may, in the discretion of the	91923
director, be individual, schedule, or blanket bonds.	91924

Sec. 5160.10. The medicaid director may expend funds	91925
appropriated or available to the department of medicaid from	91926
persons and government entities. For purposes of this section, the	91927
director may enter into contracts or agreements with persons and	91928
government entities and make grants to persons and government	91929
entities. To the extent permitted by federal law, the director may	91930
advance funds to a grantee when necessary for the grantee to	91931
perform duties under the grant as specified by the director.	91932

The director may adopt rules under section 5160.02 of the	91933
Revised Code as necessary to define terms and adopt procedures and	91934
other provisions necessary to implement this section.	91935

Sec. 5160.11. The state health care grants fund is hereby	91936
created in the state treasury. Money the department of medicaid	91937
receives from private foundations in support of pilot projects	91938
that promote exemplary programs that enhance programs the	91939
department administers shall be credited to the fund. The	91940
department may expend the money on such projects, may use the	91941
money, to the extent allowable, to match federal financial	91942
participation in support of such projects, and shall comply with	91943
requirements the foundations have stipulated in their agreements	91944
with the department as to the purposes for which the money may be	91945
expended.	91946

Sec. 5160.12. (A) As used in this section, "entity" includes	91947
an agency, board, commission, or department of the state or a	91948
political subdivision of the state; a private, nonprofit entity; a	91949
school district; a private school; or a public or private	91950
institution of higher education.	91951

(B) This section does not apply to contracts entered into	91952
under section 5162.32 or 5162.35 of the Revised Code.	91953

(C) At the request of any public entity having authority to	91954
implement a program administered by the department of medicaid or	91955
any private entity under contract with a public entity to	91956
implement a program administered by the department, the department	91957
may seek to obtain federal financial participation for costs	91958
incurred by the entity. Federal financial participation may be	91959
sought from programs operated pursuant to Title XIX of the "Social	91960
Security Act," 42 U.S.C. 1396, et seq., and any other statute or	91961
regulation under which federal financial participation may be	91962
available, except that federal financial participation may be	91963
sought only for expenditures made with funds for which federal	91964
financial participation is available under federal law.	91965

(D) All funds collected by the department pursuant to	91966
division (C) of this section shall be distributed to the entities	91967
that incurred the costs.	91968

(E) In distributing federal financial participation pursuant	91969
to this section, the department may either enter into an agreement	91970
with the entity that is to receive the funds or distribute the	91971
funds in accordance with rules authorized by division (H) of this	91972
section. If the department decides to enter into an agreement to	91973
distribute the funds, the agreement may include terms that do any	91974
of the following:	91975

(1) Provide for the whole or partial reimbursement of any	91976
cost incurred by the entity in implementing the program;	91977

(2) In the event that federal financial participation is	91978
disallowed or otherwise unavailable for any expenditure, require	91979
the department or the entity, whichever party caused the	91980
disallowance or unavailability of federal financial participation,	91981
to assume responsibility for the expenditures;	91982

(3) Require the entity to certify to the department the	91983
availability of sufficient unencumbered funds to match the federal	91984
financial participation the entity receives under this section;	91985

(4) Establish the length of the agreement, which may be for a	91986
fixed or a continuing period of time;	91987

(5) Establish any other requirements determined by the	91988
department to be necessary for the efficient administration of the	91989
agreement.	91990

(F) An entity that receives federal financial participation	91991
pursuant to this section for a program aiding children and their	91992
families shall establish a process for collaborative planning with	91993
the department for the use of the funds to improve and expand the	91994
program.	91995

(G) Federal financial participation received pursuant to this	91996
section shall not be included in any calculation made under	91997
section 5101.16 or 5101.161 of the Revised Code.	91998

(H) The medicaid director may adopt rules under section	91999
5160.02 of the Revised Code as necessary to implement this	92000
section, including rules for the distribution of federal financial	92001
participation pursuant to this section. The rules shall be adopted	92002
in accordance with Chapter 119. of the Revised Code.	92003

Sec. 5160.13. The department of medicaid may enter into	92004
contracts with private entities to maximize federal revenue	92005
without the expenditure of state money. In selecting private	92006
entities with which to contract, the department shall engage in a	92007
request for proposals process. The department, subject to the	92008
approval of the controlling board, may also directly enter into	92009
contracts with public entities providing revenue maximization	92010
services.	92011

Sec. 5160.16. The department of medicaid may appoint and	92012
commission any competent person to serve as a special agent,	92013
investigator, or representative to perform a designated duty for	92014
and on behalf of the department. Specific credentials shall be	92015
given by the department to each person so designated, and each	92016
credential shall state the following:	92017

(A) The person's name;

92018

(B) The agency with which the person is connected;

92019

92020

(D) The date the appointment expires, if appropriate;

92021

(E) Such information as the department considers proper.

92022

Sec. 5160.20. (A) The department of medicaid may conduct any	92023
audits or investigations that are necessary in the performance of	92024
the department's duties, and to that end, the department has the	92025
same power as a judge of a county court to administer oaths and to	92026
enforce the attendance and testimony of witnesses and the	92027
production of books or papers.	92028

The department shall keep a record of the department's audits	92029
and investigations stating the time, place, charges, or subject;	92030
witnesses summoned and examined; and the department's conclusions.	92031

Witnesses shall be paid the fees and mileage provided for	92032
under section 119.094 of the Revised Code.	92033

(B) Any judge of any division of the court of common pleas,	92034
on application of the department, may compel the attendance of	92035
witnesses, the production of books or papers, and the giving of	92036
testimony before the department, by a judgment for contempt or	92037
otherwise, in the same manner as in cases before those courts.	92038

(C) Until an audit report is formally released by the	92039
department, the audit report or any working paper or other	92040
document or record prepared by the department and related to the	92041
audit that is the subject of the audit report is not a public	92042
record under section 149.43 of the Revised Code.	92043

(D) The medicaid director may adopt rules under section	92044
5160.02 of the Revised Code as necessary to implement this	92045
section. The rules shall be adopted in accordance with section	92046
111.15 of the Revised Code as if they were internal management	92047
rules.	92048

Sec. 5160.21. On the request of the medicaid director, the	92049
auditor of state may conduct an audit of any medical assistance	92050
recipient. If the auditor decides to conduct an audit under this	92051
section, the auditor shall enter into an interagency agreement	92052
with the department of medicaid that specifies that the auditor	92053
agrees to comply with section 5160.45 of the Revised Code with	92054
respect to any information the auditor receives pursuant to the	92055
audit.	92056

Sec. 5160.22. (A) The auditor of state and attorney general,	92057
or their designees, may examine any records, whether in computer	92058
or printed format, in the possession of the medicaid director or	92059
any county director of job and family services, regarding medical	92060
assistance programs. The auditor of state and attorney general	92061
shall do both of the following regarding the records:	92062

(1) Provide safeguards that restrict access to the records to	92063
purposes directly connected with an audit or investigation,	92064
prosecution, or criminal or civil proceeding conducted in	92065
connection with the administration of the programs;	92066

(2) Comply, and ensure that their designees comply, with	92067
section 5160.45 of the Revised Code and rules of the medicaid	92068
director restricting the disclosure of information regarding	92069
medical assistance recipients.	92070

(B) Any person who fails to comply with the restriction	92071
specified in division (A) of this section is disqualified from	92072
acting as an agent or employee or in any other capacity under	92073
appointment or employment of any state board, commission, or	92074
agency.	92075

Sec. 5160.23. The auditor of state is responsible for the	92076
costs the auditor incurs in carrying out the auditor's duties	92077
under sections 5160.21 and 5160.22 of the Revised Code.	92078

Sec. 5160.30. (A) Except as provided in divisions (B) and	92079
(C) of this section, the department of medicaid may accept	92080
applications, determine eligibility, redetermine eligibility, and	92081
perform related administrative activities for medical assistance	92082
programs.	92083

(B) The department may enter into agreements with one or more	92084
agencies of the federal government, the state, other states, and	92085
local governments of this or other states to accept applications,	92086
determine eligibility, redetermine eligibility, and perform	92087
related administrative activities on behalf of the department with	92088
respect to medical assistance programs.	92089

(C) If federal law requires a face-to-face interview to	92090
complete an eligibility determination for a medical assistance	92091
program, the department shall not conduct the face-to-face	92092
interview.	92093

(D) Subject to division (C) of this section, if the	92094
department elects to accept applications, determine eligibility,	92095
redetermine eligibility, and perform related administrative	92096
activities for a medical assistance program, both of the following	92097
apply:	92098

(1) An individual may apply for the medical assistance	92099
program to the department or an agency authorized by an agreement	92100
entered into under division (B) of this section to accept the	92101
individual's application;	92102

(2) The department is subject to federal statutes and	92103
regulations and state statutes and rules that require, permit, or	92104
prohibit an action regarding accepting applications, determining	92105
or redetermining eligibility, and performing related	92106
administrative activities for the medical assistance program.	92107

Sec. 5160.31. (A) A medical assistance recipient may appeal	92108
a decision regarding the recipient's eligibility for a medical	92109
assistance program or services available to the recipient under a	92110
medical assistance program.	92111

(B) Regarding appeals authorized by this section, the	92112
department of medicaid shall do one or more of the following:	92113

(1) Administer an appeals process similar to the appeals	92114
process established under section 5101.35 of the Revised Code;	92115

(2) Contract with the department of job and family services	92116
pursuant to section 5162.35 of the Revised Code to provide for the	92117
department of job and family services to hear the appeals in	92118
accordance with section 5101.35 of the Revised Code;	92119

(3) Delegate authority to hear appeals to an exchange or	92120
exchange appeals entity.	92121

(C) If a medical assistance recipient files an appeal as	92122
authorized by this section, the department of medicaid may do	92123
either or both of the following:	92124

(1) Take corrective action regarding the matter being	92125
appealed before a hearing decision regarding the matter is issued;	92126

(2) If a hearing decision, administrative appeal decision, or	92127
court ruling is against the recipient, take action in favor of the	92128
recipient despite the contrary decision or ruling, unless, in the	92129
case of a court's ruling, the ruling prohibits the department from	92130
taking the action.	92131

~~Sec. 5101.571.~~ Sec. 5160.35. As used in sections ~~5101.571~~5160.35	92132
to ~~5101.591~~5160.43 of the Revised Code:	92133

(A) "Information" means all of the following:

92134

(1) An individual's name, address, date of birth, and social	92135
security number;	92136

(2) The group or plan number, or other identifier, assigned	92137
by a third party to a policy held by an individual or a plan in	92138
which the individual participates and the nature of the coverage;	92139

(3) Any other data the medicaid director ~~of job and family~~	92140
~~services~~ specifies in rules ~~adopted under~~authorized by section	92141
~~5101.591~~5160.43 of the Revised Code.	92142

(B) ~~"Medical assistance" means medical items or services~~	92143
~~provided under any of the following:~~	92144

~~(1) Medicaid, as defined in section 5111.01 of the Revised~~	92145
~~Code;~~	92146

~~(2) The children's health insurance program part I, part II,~~	92147
~~and part III established under sections 5101.50, 5101.51, and~~	92148
~~5101.52 of the Revised Code.~~	92149

~~(C)~~ "Medical support" means support specified as support for	92150
the purpose of medical care by order of a court or administrative	92151
agency.	92152

~~(D) "Public assistance" means medical assistance or~~	92153
~~assistance under the Ohio works first program established under~~	92154
~~Chapter 5107. of the Revised Code.~~	92155

~~(E)~~(C)(1) Subject to division ~~(E)~~(C)(2) of this section, and	92156
except as provided in division ~~(E)~~(C)(3) of this section, "third	92157
party" means all of the following:	92158

(a) A person authorized to engage in the business of sickness	92159
and accident insurance under Title XXXIX of the Revised Code;	92160

(b) A person or governmental entity providing coverage for	92161
medical services or items to individuals on a self-insurance	92162
basis;	92163

(c) A health insuring corporation as defined in section	92164
1751.01 of the Revised Code;	92165

(d) A group health plan as defined in 29 U.S.C. 1167;

92166

(e) A service benefit plan as referenced in 42 U.S.C.	92167
1396a(a)(25);	92168

(f) A managed care organization;

92169

(g) A pharmacy benefit manager;

92170

(h) A third party administrator;

92171

(i) Any other person or governmental entity that is, by law,	92172
contract, or agreement, responsible for the payment or processing	92173
of a claim for a medical item or service for a ~~public~~medical	92174
assistance recipient ~~or participant~~.	92175

(2) Except when otherwise provided by the "Social Security	92176
Act," section 1862(b), 42 U.S.C. 1395y(b), a person or	92177
governmental entity listed in division ~~(E)~~(C)(1) of this section	92178
is a third party even if the person or governmental entity limits	92179
or excludes payments for a medical item or service in the case of	92180
a public assistance recipient.	92181

(3) "Third party" does not include the program for medically	92182
handicapped children established under section 3701.023 of the	92183
Revised Code.	92184

Sec. 5160.36. Enrollment in a medical assistance program	92185
gives a right of subrogation to the department of medicaid for any	92186
workers' compensation benefits payable to a person who is subject	92187
to a support order, as defined in section 3119.01 of the Revised	92188
Code, on behalf of the medical assistance recipient, to the extent	92189
of any payments made under the medical assistance program on the	92190
recipient's behalf. If the department, in consultation with a	92191
child support enforcement agency and the administrator of the	92192
bureau of workers' compensation, determines that a person	92193
responsible for support payments to a medical assistance recipient	92194
is receiving workers' compensation, the department shall notify	92195
the administrator of the amount of the benefit to be paid to the	92196
department.	92197

~~Sec. 5101.58.~~ Sec. 5160.37. (A) ~~The acceptance of public~~A medical	92198
assistance recipient's enrollment in a medical assistance program	92199
gives an automatic right of recovery to the department of ~~job and~~	92200
~~family services~~medicaid and a county department of job and family	92201
services against the liability of a third party for the cost of	92202
medical assistance paid on behalf of the ~~public assistance~~	92203
recipient ~~or participant~~. When an action or claim is brought	92204
against a third party by a ~~public~~medical assistance recipient or	92205
~~participant~~, any payment, settlement or compromise of the action	92206
or claim, or any court award or judgment, is subject to the	92207
recovery right of the department of ~~job and family services~~	92208
medicaid or county department ~~of job and family services~~. Except	92209
in the case of a medical assistance recipient ~~or participant~~ who	92210
receives medical assistance through a medicaid managed care	92211
organization, the department's or county department's claim shall	92212
not exceed the amount of medical assistance paid by athe	92213
department or county department on behalf of the recipient or	92214
~~participant~~. A payment, settlement, compromise, judgment, or award	92215
that excludes the cost of medical assistance paid for by athe	92216
department or county department shall not preclude a department	92217
from enforcing its rights under this section.	92218

(B) In the case of a medical assistance recipient or	92219
~~participant~~ who receives medical assistance through a medicaid	92220
managed care organization, the amount of the department's or	92221
county department's claim shall be the amount the medicaid managed	92222
care organization pays for medical assistance rendered to the	92223
recipient ~~or participant~~, even if that amount is more than the	92224
amount athe department or county department pays to the medicaid	92225
managed care organization for the recipient's ~~or participant's~~	92226
medical assistance.	92227

(C) A medical assistance recipient ~~or participant~~, and the	92228
recipient's ~~or participant's~~ attorney, if any, shall cooperate	92229
with the departments. In furtherance of this requirement, the	92230
medical assistance recipient ~~or participant~~, or the recipient's or	92231
~~participant's~~ attorney, if any, shall, not later than thirty days	92232
after initiating informal recovery activity or filing a legal	92233
recovery action against a third party, provide written notice of	92234
the activity or action to the department of ~~job and family~~	92235
~~services when~~medicaid or county department if it has paid for	92236
medical assistance under ~~medicaid has been paid~~a medical	92237
assistance program.	92238

(D) The written notice that must be given under division (C)	92239
of this section shall disclose the identity and address of any	92240
third party against whom the medical assistance recipient or	92241
~~participant~~ has or may have a right of recovery.	92242

(E) No settlement, compromise, judgment, or award or any	92243
recovery in any action or claim by a medical assistance recipient	92244
~~or participant~~ where the ~~departments have~~department or county	92245
department has a right of recovery shall be made final without	92246
first giving the ~~appropriate departments~~department or county	92247
department written notice as described in division (C) of this	92248
section and a reasonable opportunity to perfect ~~their~~its rights	92249
of recovery. If the ~~departments are~~department or county	92250
department is not given the appropriate written notice, the	92251
medical assistance recipient ~~or participant~~ and, if there is one,	92252
the recipient's ~~or participant's~~ attorney, are liable to reimburse	92253
the ~~departments~~department or county department for the recovery	92254
received to the extent of medical assistance payments made by the	92255
~~departments~~department or county department.	92256

(F) The ~~departments~~department or county department shall be	92257
permitted to enforce ~~their~~its recovery rights against the third	92258
party even though ~~they~~it accepted prior payments in discharge of	92259
~~their~~its rights under this section if, at the time the	92260
~~departments~~department or county department received such	92261
payments, ~~they were~~it was not aware that additional medical	92262
expenses had been incurred but had not yet been paid by the	92263
~~departments~~department or county department. The third party	92264
becomes liable to the department ~~of job and family services~~ or	92265
county department ~~of job and family services~~ as soon as the third	92266
party is notified in writing of the valid claims for recovery	92267
under this section.	92268

(G)(1) Subject to division (G)(2) of this section, the right	92269
of recovery of athe department or county department does not	92270
apply to that portion of any judgment, award, settlement, or	92271
compromise of a claim, to the extent of attorneys' fees, costs, or	92272
other expenses incurred by a medical assistance recipient or	92273
~~participant~~ in securing the judgment, award, settlement, or	92274
compromise, or to the extent of medical, surgical, and hospital	92275
expenses paid by such recipient ~~or participant~~ from the	92276
recipient's ~~or participant's~~ own resources.	92277

(2) Reasonable attorneys' fees, not to exceed one-third of	92278
the total judgment, award, settlement, or compromise, plus costs	92279
and other expenses incurred by the medical assistance recipient or	92280
~~participant~~ in securing the judgment, award, settlement, or	92281
compromise, shall first be deducted from the total judgment,	92282
award, settlement, or compromise. After fees, costs, and other	92283
expenses are deducted from the total judgment, award, settlement,	92284
or compromise, the department of ~~job and family services~~medicaid	92285
or ~~appropriate~~ county department ~~of job and family services~~ shall	92286
receive no less than one-half of the remaining amount, or the	92287
actual amount of medical assistance paid, whichever is less.	92288

(H) A right of recovery created by this section may be	92289
enforced separately or jointly by the department of ~~job and family~~	92290
~~services~~medicaid or ~~the appropriate~~ county department ~~of job and~~	92291
~~family services~~. To enforce ~~their~~its recovery rights, the	92292
~~departments~~department or county department may do any of the	92293
following:	92294

(1) Intervene or join in any action or proceeding brought by	92295
the medical assistance recipient ~~or participant~~ or on the	92296
recipient's ~~or participant's~~ behalf against any third party who	92297
may be liable for the cost of medical assistance paid;	92298

(2) Institute and pursue legal proceedings against any third	92299
party who may be liable for the cost of medical assistance paid;	92300

(3) Initiate legal proceedings in conjunction with any	92301
injured, diseased, or disabled medical assistance recipient or	92302
~~participant~~ or the recipient's ~~or participant's~~ attorney or	92303
representative.	92304

(I) A medical assistance recipient ~~or participant~~ shall not	92305
assess attorney fees, costs, or other expenses against the	92306
department of ~~job and family services~~medicaid or a county	92307
department ~~of job and family services~~ when the department or	92308
county department enforces its right of recovery created by this	92309
section.	92310

(J) The right of recovery given to the department under this	92311
section ~~does not include rights to support from any other person~~	92312
~~assigned to the state under sections 5107.20 and 5115.07 of the~~	92313
~~Revised Code, but~~ includes payments made by a third party under	92314
contract with a person having a duty to support.	92315

(K) The department of medicaid may assign to a medical	92316
assistance provider the right of recovery given to the department	92317
under this section with respect to any claim for which the	92318
department has notified the provider that the department intends	92319
to recoup the department's prior payment for the claim.	92320

Sec. 5160.371. In addition to the requirement of division	92321
(C) of section 5160.37 of the Revised Code to cooperate with the	92322
department of medicaid and county department of job and family	92323
services, a medical assistance recipient and the recipient's	92324
attorney, if any, shall cooperate with each medical provider of	92325
the recipient. Cooperation with a medical provider shall consist	92326
of disclosing to the provider all information the recipient and	92327
attorney, if any, possess that would assist the provider in	92328
determining each third party that is responsible for the payment	92329
or processing of a claim for medical assistance provided to the	92330
recipient. If disclosure is not made in accordance with this	92331
section, the recipient and the recipient's attorney, if any, are	92332
liable to reimburse the department or county department for the	92333
amount that would have been paid by a third party had the third	92334
party been disclosed to the provider by the recipient or the	92335
recipient's attorney.	92336

~~Sec. 5101.59.~~ Sec. 5160.38. (A) The application for, or ~~acceptance~~	92337
ofenrollment in, ~~public~~a medical assistance program constitutes	92338
an automatic assignment of ~~certain~~ rights specified in division	92339
(B) of this section to the department of ~~job and family services~~	92340
medicaid. This assignment includes the rights of the ~~applicant,~~	92341
medical assistance recipient~~, or participant~~ and also the rights	92342
of any other member of the assistance group for whom the	92343
~~applicant,~~ recipient~~, or participant~~ can legally make an	92344
assignment.	92345

(B) Pursuant to this section, ~~the applicant,~~a medical	92346
assistance recipient~~, or participant~~ assigns to the department any	92347
rights to medical support available to the ~~applicant,~~ recipient,	92348
~~or participant~~ or ~~for~~ other members of the recipient's assistance	92349
group under an order of a court or administrative agency, and any	92350
rights to payments by a liable third party for the cost of medical	92351
assistance paid on behalf of ~~a public assistance~~the recipient or	92352
~~participant~~or other members of the assistance group. The	92353
recipient ~~or participant~~ shall cooperate with the department in	92354
obtaining such payments.	92355

Medicare benefits shall not be assigned pursuant to this	92356
section. Benefits assigned to the department by operation of this	92357
section are directly reimbursable to the department by liable	92358
third parties.	92359

(C) Refusal by ~~the applicant,~~a medical assistance recipient,	92360
~~or participant~~ to cooperate in obtaining medical assistance paid	92361
for self or any other member of the recipient's assistance group	92362
renders the ~~applicant,~~ recipient~~, or participant~~ ineligible for	92363
~~public~~a medical assistance program, unless cooperation is waived	92364
by the department. Eligibility shall continue for any individual	92365
who cannot legally assign the individual's own rights and who	92366
would have been eligible for ~~public~~a medical assistance program	92367
but for the refusal to assign the individual's rights or to	92368
cooperate as required by this section by another person legally	92369
able to assign the individual's rights.	92370

(D) If ~~the applicant,~~a medical assistance recipient~~, or~~	92371
~~participant~~ or any member of the recipient's assistance group	92372
becomes ineligible for ~~public~~a medical assistance program, the	92373
department shall restore to the ~~applicant,~~ recipient~~, participant,~~	92374
or ~~member of the~~ assistance group member any future rights to	92375
benefits assigned under this section.	92376

~~(E) The rights of assignment given to the department under~~	92377
~~this section do not include rights to support assigned under~~	92378
~~section 5107.20 or 5115.07 of the Revised Code.~~	92379

~~Sec. 5101.572.~~ Sec. 5160.39. (A) A third party shall cooperate	92380
with the department of ~~job and family services~~medicaid in	92381
identifying individuals for the purpose of establishing third	92382
party liability ~~pursuant to Title XIX of the Social Security Act,~~	92383
~~as amended~~regarding medical assistance programs.	92384

(B) In furtherance of the requirement in division (A) of this	92385
section and to allow the department to determine any period that	92386
the individual or the individual's spouse or dependent may have	92387
been covered by the third party and the nature of the coverage, a	92388
third party shall provide, as the department so chooses,	92389
information or access to information, or both, in the third	92390
party's electronic data system on the department's request and in	92391
accordance with division (C) of this section.	92392

(C)(1) If the department chooses to receive information	92393
directly, the third party shall provide the information under all	92394
of the following circumstances:	92395

(a) In a medium, format, and manner prescribed ~~by the~~	92396
~~director of job and family services~~ in rules ~~adopted under~~	92397
authorized by section ~~5101.591~~5160.43 of the Revised Code;	92398

(b) Free of charge;

92399

(c) Not later than the end of the thirtieth day after the	92400
department makes its request, unless a different time is agreed to	92401
by the director in writing.	92402

(2) If the department chooses to receive access to	92403
information, the third party shall provide access by a method	92404
prescribed ~~by the director of job and family services~~ in rules	92405
~~adopted under~~authorized by section ~~5101.591~~5160.43 of the	92406
Revised Code. In facilitating access, the department may enter	92407
into a trading partner agreement with the third party to permit	92408
the exchange of information via "ASC X 12N 270/271 Health Care	92409
Eligibility Benefit Inquiry and Response" transactions.	92410

(D) All of the following apply with respect to information	92411
provided by a third party to the department under this section:	92412

(1) The information is confidential and not a public record	92413
under section 149.43 of the Revised Code.	92414

(2) The release of information to the department is not to be	92415
considered a violation of any right of confidentiality or contract	92416
that the third party may have with covered persons including, but	92417
not limited to, contractees, beneficiaries, heirs, assignees, and	92418
subscribers.	92419

(3) The third party is immune from any liability that it may	92420
otherwise incur through its release of information to the	92421
department.	92422

The department ~~of job and family services~~ shall limit its use	92423
of information gained from third parties to purposes directly	92424
connected with the administration of the medicaid program and the	92425
child support program authorized by Title IV-D of the "Social	92426
Security Act.," 42 U.S.C. 651 et seq.	92427

(E) No third party shall disclose to other parties or make	92428
use of any information regarding medical assistance recipients of	92429
~~aid under Chapter 5107. or 5111. of the Revised Code~~ that it	92430
obtains from the department, except in the manner provided ~~for by~~	92431
~~the director of job and family services~~ in ~~administrative~~ rules	92432
authorized by section 5160.43 of the Revised Code.	92433

~~Sec. 5101.573.~~ Sec. 5160.40. (A) Subject to divisions (B) and (C)	92434
of this section, a third party shall do all of the following:	92435

(1) Accept the department of ~~job and family services'~~	92436
medicaid's right of recovery under section ~~5101.58~~5160.37 of the	92437
Revised Code and the assignment of rights to the department that	92438
are described in section ~~5101.59~~5160.38 of the Revised Code;	92439

(2) Respond to an inquiry by the department regarding a claim	92440
for payment of a medical item or service that was submitted to the	92441
third party not later than six years after the date of the	92442
provision of such medical item or service;	92443

(3) Not charge a fee to do either of the following for a	92444
claim described in division (A)(2) of this section:	92445

(a) Determine whether the claim should be paid;

92446

(b) Process the claim.

92447

(4) Pay a claim described in division (A)(2) of this section;

92448

(5) Not deny a claim submitted by the department solely on	92449
the basis of the date of submission of the claim, type or format	92450
of the claim form, or a failure by the medical assistance	92451
recipient who is the subject of the claim to present proper	92452
documentation of coverage at the time of service, if both of the	92453
following ~~are true~~have occurred:	92454

(a) The claim was submitted by the department not later than	92455
six years after the date of the provision of the medical item or	92456
service.	92457

(b) An action by the department to enforce its right of	92458
recovery under section ~~5101.58~~5160.37 of the Revised Code on the	92459
claim was commenced not later than six years after the	92460
department's submission of the claim.	92461

(6) Consider the department's payment of a claim for a	92462
medical item or service to be the equivalent of the medical	92463
assistance recipient having obtained prior authorization for the	92464
item or service from the third party;	92465

(7) Not deny a claim described in division (A)(6) of this	92466
section that is submitted by the department solely on the basis of	92467
the medical assistance recipient's failure to obtain prior	92468
authorization for the medical item or service.	92469

(B) For purposes of the requirements in division (A) of this	92470
section, a third party shall treat a medicaid managed care	92471
organization as the department for a claim ~~in which both of the~~	92472
~~following are true:~~	92473

~~(1) The~~if the individual who is the subject of the claim	92474
received a medical item or service through a medicaid managed care	92475
organization ~~that has entered into a contract with the department~~	92476
~~of job and family services under section 5111.17 of the Revised~~	92477
~~Code;~~	92478

~~(2) The~~and the department has assigned its right of recovery	92479
for the claim to the medicaid managed care organization.	92480

(C) If the department of medicaid, as permitted by division	92481
(K) of section 5160.37 of the Revised Code, assigns to a medical	92482
assistance provider the department's right of recovery for a claim	92483
for which it has notified the provider that it intends to recoup	92484
its prior payment for a claim, a third party shall treat the	92485
provider as the department and shall pay the provider the greater	92486
of the following:	92487

(1) The amount the department intends to recoup from the	92488
provider for the claim.	92489

(2) If the third party and the provider have an agreement	92490
that requires the third party to pay the provider at the time the	92491
provider presents the claim to the third party, the amount that is	92492
to be paid under that agreement.	92493

(D) The time limitations associated with the requirements in	92494
divisions (A)(2) and (5) of this section apply only to submissions	92495
of claims to, and payments of claims by, a health insurer to which	92496
the "Social Security Act," section 1902(a)(25)(I), 42 U.S.C.	92497
1396a(a)(25)(I), applies.	92498

~~Sec. 5101.574.~~ Sec. 5160.41. No third party shall consider whether	92499
an individual is eligible for or ~~receives~~enrolled in a medical	92500
assistance program when either of the following applies:	92501

(A) The individual seeks to obtain a policy or enroll in a	92502
plan or program operated or administered by the third party;	92503

(B) The individual, or a person or governmental entity on the	92504
individual's behalf, seeks payment for a medical item or service	92505
provided to the individual.	92506

~~Sec. 5101.575.~~ Sec. 5160.42. (A) If a third party violates section	92507
~~5101.572~~5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the	92508
Revised Code, a governmental entity that is responsible for	92509
issuing a license, certificate of authority, registration, or	92510
approval that authorizes the third party to do business in this	92511
state may impose a fine against the third party or deny, revoke,	92512
or terminate the third party's license, certificate, registration,	92513
or approval to do business in this state. The governmental entity	92514
shall determine which sanction is to be imposed. All actions to	92515
impose the sanction shall be taken in accordance with Chapter 119.	92516
of the Revised Code.	92517

(B) In addition to the sanctions that may be imposed under	92518
division (A) of this section for a violation of section ~~5101.572~~	92519
5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the Revised	92520
Code, the attorney general may petition a court of common pleas to	92521
enjoin the violation.	92522

~~Sec. 5101.591.~~ Sec. 5160.43. (A) ~~Except as provided in division (B)~~	92523
~~of this section, the~~The medicaid director ~~of job and family~~	92524
~~services~~ may adopt rules ~~in accordance with Chapter 119.~~under	92525
section 5160.02 of the Revised Code to implement sections ~~5101.571~~	92526
5160.35 to ~~5101.59~~5160.43 of the Revised Code, including rules	92527
that specify what constitutes cooperating with efforts to obtain	92528
support or payments, or medical assistance payments, and when	92529
cooperation may be waived.	92530

(B) The department shall adopt rules ~~in accordance with~~	92531
~~Chapter 119.~~under section 5160.02 of the Revised Code to do all	92532
of the following:	92533

(1) For purposes of the definition of "information" in	92534
division (A) of section ~~5101.571~~5160.35 of the Revised Code, any	92535
data other than the data specified in that division that should be	92536
included in the definition.	92537

(2) For purposes of division (C)(1)(a) of section ~~5101.572~~	92538
5160.39 of the Revised Code, the medium, format, and manner in	92539
which a third party must provide information to the department.	92540

(3) For purposes of division (C)(2) of section ~~5101.572~~	92541
5160.39 of the Revised Code, the method by which a third party	92542
must provide the department with access to information.	92543

(C) Rules authorized by division (A) of this section may be	92544
adopted in accordance with section 111.15 of the Revised Code.	92545
Rules authorized by division (B) of this section shall be adopted	92546
in accordance with Chapter 119. of the Revised Code.	92547

~~Sec. 5101.271.~~ Sec. 5160.45. (A) As used in sections 5160.45 to	92548
5160.481 of the Revised Code, "information" means all of the	92549
following:	92550

(1) Records, as defined in section 149.011 of the Revised	92551
Code;	92552

(2) Any other documents in any format;

92553

(3) Data derived from records and documents that are	92554
generated, acquired, or maintained by the department of medicaid,	92555
a county department of job and family services, or an entity	92556
performing duties on behalf of the department or a county	92557
department.	92558

(B) Except as permitted by this section, section ~~5101.273~~	92559
5160.47, or rules ~~adopted under~~authorized by section ~~5101.30~~	92560
5160.48 or 5160.481 of the Revised Code, or when required by	92561
federal law, no person or government entity shall use or disclose	92562
information regarding a medical assistance recipient for any	92563
purpose not directly connected with the administration of ~~the~~a	92564
medical assistance program.	92565

~~(B)~~(C) Both of the following shall be considered to be	92566
purposes directly connected with the administration of ~~the~~a	92567
medical assistance program:	92568

(1) Treatment, payment, or other operations or activities	92569
authorized by 42 C.F.R. Chapter IV;	92570

(2) Any administrative function or duty the department of ~~job~~	92571
~~and family services~~medicaid performs alone or jointly with a	92572
federal government entity, another state government entity, or a	92573
local government entity implementing a provision of federal law.	92574

~~(C)~~(D) The department or a county ~~agency~~department of job	92575
and family services may disclose information regarding a medical	92576
assistance recipient to any of the following:	92577

(1) The recipient or the recipient's authorized	92578
representative;	92579

(2) The recipient's legal guardian in accordance with	92580
division (C) of section 2111.13 of the Revised Code;	92581

(3) The attorney of the recipient, if the department or	92582
county ~~agency~~department has obtained authorization from the	92583
recipient,or the recipient's authorized representative, or ~~the~~	92584
~~recipient's~~ legal guardian that meets all requirements of the	92585
Health Insurance Portability and Accountability Act of 1996, ~~Pub.~~	92586
~~L. 104-191, 110 Stat. 1955,~~ 42 U.S.C. 1320d et seq., ~~as amended,~~	92587
regulations promulgated by the United States department of health	92588
and human services to implement the act, section ~~5101.272~~5160.46	92589
of the Revised Code, and any rules ~~the director of job and family~~	92590
~~services adopts under~~authorized by section ~~5101.30~~5160.48 of the	92591
Revised Code;	92592

(4) A health information or health records management entity	92593
that has executed with the department a business associate	92594
agreement required by 45 C.F.R 164.502(e)(2) and has been	92595
authorized by the recipient,or the recipient's authorized	92596
representative, or ~~the recipient's~~ legal guardian to receive the	92597
recipient's electronic health records in accordance with rules ~~the~~	92598
~~director of job and family services adopts under~~authorized by	92599
section ~~5101.30~~5160.48 of the Revised Code;	92600

(5) A court if pursuant to a written order of the court.

92601

~~(D)~~(E) The department may receive from county departments of	92602
job and family services information regarding any medical	92603
assistance recipient for purposes of training and verifying the	92604
accuracy of eligibility determinations for a medical assistance	92605
program. The department may assemble information received under	92606
this division into a report if the report is in a form specified	92607
by the department. Information received and assembled into a	92608
report under this division shall remain confidential and not be	92609
subject to disclosure pursuant to section 149.43 or 1347.08 of the	92610
Revised Code.	92611

~~(E)~~(F) The department shall notify courts in this state	92612
regarding its authority, under division ~~(C)~~(D)(5) of this section,	92613
to disclose information regarding a medical assistance recipient	92614
pursuant to a written court order.	92615

Sec. 5160.46. (A) For the purposes of section 5160.45 of the	92616
Revised Code, an authorization shall be made on a form that uses	92617
language understandable to the average person and contains all of	92618
the following:	92619

(1) A description of the information to be used or disclosed	92620
that identifies the information in a specific and meaningful	92621
fashion;	92622

(2) The name or other specific identification of the person	92623
or class of persons authorized to make the requested use or	92624
disclosure;	92625

(3) The name or other specific identification of the person	92626
or government entity to which the information may be released;	92627

(4) A description of each purpose of the requested use or	92628
disclosure of the information;	92629

(5) The date on which the authorization expires or an event	92630
related either to the individual who is the subject of the request	92631
or to the purposes of the requested use or disclosure, the	92632
occurrence of which will cause the authorization to expire;	92633

(6) A statement that the information used or disclosed	92634
pursuant to the authorization may be disclosed by the recipient of	92635
the information and may no longer be protected from disclosure;	92636

(7) The signature of the individual or the individual's	92637
authorized representative and the date on which the authorization	92638
was signed;	92639

(8) If signed by an authorized representative, a description	92640
of the representative's authority to act for the individual;	92641

(9) A statement of the individual or authorized	92642
representative's right to prospectively revoke the written	92643
authorization in writing, along with either of the following:	92644

(a) A description of how the individual or authorized	92645
representative may revoke the authorization;	92646

(b) If the department of medicaid has established a privacy	92647
notice that contains a description of how the individual or	92648
authorized representative may revoke the authorization, a	92649
reference to the privacy notice.	92650

(10) A statement that treatment, payment, enrollment, or	92651
eligibility for a medical assistance program cannot be conditioned	92652
on signing the authorization unless the authorization is necessary	92653
for determining eligibility for the program.	92654

(B) An authorization for the release of information regarding	92655
a medical assistance recipient to the recipient's attorney under	92656
division (D)(3) of section 5160.45 of the Revised Code may include	92657
a provision specifically authorizing the release of the	92658
recipient's electronic health records, if any, in accordance with	92659
rules authorized by section 5160.48 or 5160.481 of the Revised	92660
Code.	92661

(C) When an individual requests information pursuant to	92662
section 5160.45 of the Revised Code regarding the individual's	92663
enrollment in a medical assistance program and does not wish to	92664
provide a statement of purpose, the statement "at request of the	92665
individual" is a sufficient description for purposes of division	92666
(A)(4) of this section.	92667

Sec. 5160.47. The department of medicaid shall enter into	92668
any necessary agreements with the United States department of	92669
health and human services and neighboring states to join and	92670
participate as an active member in the public assistance reporting	92671
information system. The department may disclose information	92672
regarding a medical assistance recipient to the extent necessary	92673
to participate as an active member in the system.	92674

Sec. 5160.48. (A) The medicaid director shall adopt rules	92675
under section 5160.02 of the Revised Code implementing sections	92676
5160.45 to 5160.481 of the Revised Code and governing the custody,	92677
use, disclosure, and preservation of the information generated or	92678
received by the department of medicaid, county departments of job	92679
and family services, other state and county entities, contractors,	92680
grantees, private entities, or officials participating in the	92681
administration of medical assistance programs. The rules shall be	92682
adopted in accordance with Chapter 119. of the Revised Code. The	92683
rules may define who is an "authorized representative" for	92684
purposes of sections 5160.45 and 5160.46 of the Revised Code. The	92685
rules shall specify conditions and procedures for the release of	92686
information, which may include both of the following:	92687

(1) Permitting a provider of a service under a medical	92688
assistance program limited access to information that is essential	92689
for the provider to render the service or to bill for the service	92690
rendered;	92691

(2) Permitting a contractor, grantee, or other state or	92692
county entity limited access to information that is essential for	92693
the contractor, grantee, or entity to perform administrative or	92694
other duties on behalf of the department or a county department.	92695

(B) The department of aging, when investigating a complaint	92696
under section 173.20 of the Revised Code, shall be granted any	92697
limited access permitted in the rules authorized by division	92698
(A)(1) of this section.	92699

A contractor, grantee, or entity given access to information	92700
pursuant to the rules authorized by division (A)(2) of this	92701
section is bound by the director's rules. Disclosure of the	92702
information by the contractor, grantee, or entity in a manner not	92703
authorized by the rules is a violation of section 5160.45 of the	92704
Revised Code.	92705

Sec. 5160.481. Whenever names, addresses, or other	92706
information relating to medical assistance recipients is held by	92707
any agency other than the department of medicaid or a county	92708
department of job and family services, that other agency shall	92709
adopt rules consistent with sections 5160.45 to 5160.481 of the	92710
Revised Code to prevent the publication or disclosure of names,	92711
lists, or other information concerning those recipients.	92712

Sec. 5160.50. The department of medicaid shall administer	92713
the refugee medical assistance program authorized by the	92714
"Immigration and Nationality Act," section 412(e), 8 U.S.C.	92715
1522(e).	92716

Sec. 5160.52. The medicaid director may provide for the	92717
department of medicaid to develop, participate in the development	92718
of, negotiate, and enter into one or more interstate compacts on	92719
behalf of this state with agencies of any other states, for the	92720
provision of medical assistance to children in relation to whom	92721
all of the following apply:	92722

(A) They have special needs.

92723

(B) This state or another state that is a party to the	92724
interstate compact is providing adoption assistance on their	92725
behalf.	92726

(C) They move into this state from another state or move out	92727
of this state to another state.	92728

Sec. 5160.99. Whoever violates division (B) of section	92729
5160.45 of the Revised Code is guilty of a misdemeanor of the	92730
first degree.	92731

Sec. 5161.01. (A) As used in the Revised Code, "children's	92732
health insurance program" and, when used as an acronym for the	92733
children's health insurance program, "CHIP" mean the program of	92734
child health assistance authorized by Title XXI of the "Social	92735
Security Act," 42 U.S.C. 1397aa et seq. CHIP part I, CHIP part II,	92736
and CHIP part III, as authorized by this chapter, are components	92737
of CHIP. Any reference in statute enacted by the general assembly	92738
to medicaid or the medicaid program also means CHIP to the extent,	92739
if any, that CHIP is provided under the medicaid program.	92740

(B) As used in this chapter, "federal poverty line" means the	92741
official poverty line defined by the United States office of	92742
management and budget based on the most recent data available from	92743
the United States bureau of the census and revised by the United	92744
States secretary of health and human services pursuant to the	92745
"Omnibus Budget Reconciliation Act of 1981," section 673(2), 42	92746
U.S.C. 9902(2).	92747

~~Sec. 5101.502.~~ Sec. 5161.02. The medicaid director ~~of job and~~	92748
~~family services~~ may adopt rules in accordance with Chapter 119. of	92749
the Revised Code as necessary for the efficient administration of	92750
the children's health insurance program ~~part I~~, including rules	92751
that establish all of the following:	92752

(A) The conditions under which ~~health assistance services~~	92753
the program will ~~be reimbursed~~pay for health benefits coverage;	92754

(B) The method of ~~reimbursement applicable to services~~	92755
~~reimbursable under~~ the ~~program~~payment;	92756

(C) The amount of ~~reimbursement~~payment, or the method by	92757
which the amount is to be determined, for each ~~reimbursable~~	92758
service included in the health benefits coverage.	92759

~~Sec. 5101.50.~~ Sec. 5161.05. ~~(A) As used in sections 5101.50 to~~	92760
~~5101.529 of the Revised Code:~~	92761

~~(1) "Children's health insurance program" means the program~~	92762
~~authorized by Title XXI of the "Social Security Act," 111 Stat.~~	92763
~~552 (1997), 42 U.S.C.A. 1397aa.~~	92764

~~(2) "Federal poverty guidelines" has the same meaning as in~~	92765
~~section 5101.46 of the Revised Code.~~	92766

~~(B)~~ The medicaid director ~~of job and family services~~ may	92767
continue to operate the component of the children's health	92768
insurance program initially authorized by an executive order	92769
issued under section 107.17 of the Revised Code as long as federal	92770
financial participation is available for the program. If operated,	92771
the ~~program~~component shall ~~provide health assistance to~~pay for	92772
part or all of the cost of health benefits coverage for uninsured	92773
individuals under nineteen years of age with family incomes not	92774
exceeding one hundred fifty per cent of the federal poverty	92775
~~guidelines~~line. ~~In accordance with 42 U.S.C.A. 1397aa, the~~	92776
~~director may provide for the health assistance to meet the~~	92777
~~requirements of 42 U.S.C.A. 1397cc, to be provided under the~~	92778
~~medicaid program established under Chapter 5111. of the Revised~~	92779
~~Code, or to be a combination of both.~~	92780

~~Sec. 5101.501.~~ Sec. 5161.06. ~~Health assistance provided under~~The	92781
component of the children's health insurance program authorized by	92782
section ~~5101.50~~5161.05 of the Revised Code shall be known as ~~the~~	92783
~~children's health insurance program~~CHIP part I.	92784

~~Sec. 5101.51.~~ Sec. 5161.10. In accordance with federal law	92785
governing the children's health insurance program, the medicaid	92786
director ~~of job and family services~~ may submit a state child	92787
health plan to the United States secretary of health and human	92788
services to ~~provide~~pay, except as provided in section ~~5101.516~~	92789
5161.22 of the Revised Code, ~~health assistance to~~for part or all	92790
of the cost of health benefits coverage for uninsured individuals	92791
under nineteen years of age with family incomes above one hundred	92792
fifty per cent of the federal poverty ~~guidelines~~line but not	92793
exceeding two hundred per cent of the federal poverty ~~guidelines~~	92794
line. If the director submits the plan, the director shall ~~include~~	92795
~~both of the following~~stipulate in the plan:	92796

~~(A) The health assistance will not begin before January 1,~~	92797
~~2000.~~	92798

~~(B) The health assistance~~that the payments will be available	92799
only while federal financial participation is available for it	92800
them.	92801

~~Sec. 5101.511.~~ Sec. 5161.11. ~~Health assistance provided under~~The	92802
component of the children's health insurance program authorized by	92803
section ~~5101.51~~5161.10 of the Revised Code shall be known as ~~the~~	92804
~~children's health insurance program~~CHIP part II.	92805

~~Sec. 5101.512.~~ Sec. 5161.12. If the medicaid director ~~of job and~~	92806
~~family services~~ submits a state child health plan to the United	92807
States secretary of health and human services under section	92808
~~5101.51~~5161.10 of the Revised Code and the secretary approves the	92809
plan, the director shall implement ~~the children's health insurance~~	92810
~~program~~CHIP part II in accordance with the plan. ~~The director may~~	92811
~~adopt rules in accordance with Chapter 119. of the Revised Code as~~	92812
~~necessary for the efficient administration of the program,~~	92813
~~including rules that establish all of the following:~~	92814

~~(A) The conditions under which health assistance services~~	92815
~~will be reimbursed;~~	92816

~~(B) The method of reimbursement applicable to services~~	92817
~~reimbursable under the program~~;	92818

~~(C) The amount of reimbursement, or the method by which the~~	92819
~~amount is to be determined, for each reimbursable service~~.	92820

~~Sec. 5101.52.~~ Sec. 5161.15. In accordance with federal law	92821
governing the children's health insurance program, the medicaid	92822
director ~~of job and family services~~ may submit a request for a	92823
federal waiver to the United States secretary of health and human	92824
services to ~~provide~~pay, except as provided in section ~~5101.526~~	92825
5161.22 of the Revised Code, ~~health assistance to~~for part or all	92826
of the cost of health benefits coverage for individuals under	92827
nineteen years of age with family incomes above two hundred per	92828
cent of the federal poverty ~~guidelines~~line but not exceeding	92829
three hundred per cent of the federal poverty ~~guidelines~~line. If	92830
the director submits the ~~plan~~waiver request, the director shall	92831
stipulate in the ~~plan~~request that the ~~health assistance~~payments	92832
will be available only while federal financial participation is	92833
available for ~~it and that health assistance shall not begin before~~	92834
~~January 1, 2008~~them.	92835

~~Sec. 5101.521.~~ Sec. 5161.16. ~~Health assistance provided under~~The	92836
component of the children's health insurance program authorized by	92837
section ~~5101.52~~5161.15 of the Revised Code shall be known as ~~the~~	92838
~~children's health insurance program~~CHIP part III.	92839

~~Sec. 5101.522.~~ Sec. 5161.17. If the medicaid director ~~of job and~~	92840
~~family services~~ submits a waiver request to the United States	92841
secretary of health and human services under section ~~5101.52~~	92842
5161.15 of the Revised Code and the secretary grants the waiver,	92843
the director shall implement ~~the children's health insurance~~	92844
~~program~~CHIP part III in accordance with the waiver. ~~The director~~	92845
~~may adopt rules in accordance with Chapter 119. of the Revised~~	92846
~~Code as necessary for the efficient administration of the program,~~	92847
~~including rules that establish all of the following:~~	92848

~~(A) The conditions under which health assistance services~~	92849
~~will be reimbursed;~~	92850

~~(B) The method of reimbursement applicable to services~~	92851
~~reimbursable under the program;~~	92852

~~(C) The amount of reimbursement, or the method by which the~~	92853
~~amount is to be determined, for each reimbursable service.~~	92854

~~Sec. 5101.524.~~ Sec. 5161.20. In accordance with the "Social	92855
Security Act," section 2101, 42 U.S.C. 1397aa, ~~the director of job~~	92856
~~and family services shall provide for health assistance under~~ the	92857
children's health insurance program ~~part III to meet~~shall	92858
provide payments for obtaining health benefits coverage through	92859
any of the following:	92860

(A) Obtaining coverage that meets the requirements the	92861
"Social Security Act," section 2103, of 42 U.S.C. 1397cc~~, to be~~	92862
~~provided~~;	92863

(B) Providing benefits under the medicaid program ~~established~~	92864
~~under Chapter 5111. of the Revised Code, or to be a~~;	92865

(C) A combination of ~~both~~divisions (A) and (B) of this	92866
section.	92867

~~Sec. 5101.516.~~ Sec. 5161.22. If the medicaid director ~~of job and~~	92868
~~family services~~ determines that federal financial participation	92869
for ~~the children's health insurance program~~CHIP part II, part	92870
III, or both parts is insufficient to ~~provide health assistance~~	92871
topay for part or all of the costs of health benefits coverage	92872
for all the individuals the director anticipates are eligible for	92873
the ~~program~~part or parts, the director may refuse to accept new	92874
applications for the ~~program~~part or parts or may make the	92875
~~program's~~ eligibility requirements more restrictive for the part	92876
or parts.	92877

~~Sec. 5101.517.~~ Sec. 5161.24. To the extent permitted by the	92878
"Social Security Act," section 2103(e), 42 U.S.C.A. 1397cc(e), the	92879
medicaid director ~~of job and family services~~ may require an	92880
individual ~~receiving health assistance under the children's health~~	92881
~~insurance program~~seeking to enroll, or who is enrolled, in CHIP	92882
part II to pay a premium, deductible, coinsurance payment, or	92883
other cost-sharing expense.	92884

~~Sec. 5101.527.~~ Sec. 5161.25. To the extent permitted by the "Social	92885
Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid	92886
director ~~of job and family services~~ shall require an individual	92887
~~receiving health assistance under the children's health insurance~~	92888
~~program~~seeking to enroll, or who is enrolled, in CHIP part III to	92889
pay the following as a term of ~~participation in the program~~	92890
enrollment:	92891

(A) A premium of not less than forty dollars per month for a	92892
family with one individual ~~receiving health assistance under~~	92893
seeking to enroll, or who is enrolled, in the ~~program~~part;	92894

(B) A premium of not less than eighty dollars per month for a	92895
family with two individuals ~~receiving health assistance under~~	92896
seeking to enroll, or who is enrolled, in the ~~program~~part;	92897

(C) A premium of not less than one hundred twenty dollars per	92898
month for a family with three or more individuals ~~receiving health~~	92899
~~assistance under~~seeking to enroll, or who are enrolled, in the	92900
~~program~~part.	92901

~~Sec. 5101.519.~~ Sec. 5161.27. A completed application for ~~medical~~	92902
~~assistance under Chapter 5111. of the Revised Code~~medicaid shall	92903
be treated as an application for ~~health assistance under~~ the	92904
children's health insurance program ~~part II~~ if the application is	92905
for an assistance group that includes a child under nineteen years	92906
of age and is denied.	92907

~~Sec. 5101.513.~~ Sec. 5161.30. The medicaid director ~~of job and~~	92908
~~family services~~ may contract with a government entity or person to	92909
perform the director's administrative duties regarding ~~the~~	92910
~~children's health insurance program~~CHIP part I, part II, part	92911
III, two of the parts, or all three parts, other than the duty to	92912
submit a state child health plan to the United States secretary of	92913
health and human services under section ~~5101.51~~5161.10 of the	92914
Revised Code, the duty to submit a waiver request under section	92915
5161.15 of the Revised Code, and the duty to adopt rules under	92916
section ~~5101.512~~5161.02 of the Revised Code.	92917

~~Sec. 5101.5110.~~ Sec. 5161.35. (A) The medicaid director ~~of job and~~	92918
~~family services~~ may submit a waiver request to the United States	92919
secretary of health and human services to provide health	92920
assistance to any individual who meets all of the following	92921
requirements:	92922

(1) Is the parent of a child who is under nineteen years of	92923
age ~~who~~, resides with the parent, and is ~~eligible for health~~	92924
~~assistance under~~enrolled in the children's health insurance	92925
program part I or II or the medicaid program ~~established under~~	92926
~~Chapter 5111. of the Revised Code~~;	92927

(2) Is uninsured;

92928

(3) Has a family income that does not exceed one hundred per	92929
cent of the federal poverty ~~guidelines~~line.	92930

(B) A waiver request the director submits under division (A)	92931
of this section may seek federal funds allotted to the state under	92932
~~Title XXI of~~ the "Social Security Act," ~~111 Stat. 558 (1997)~~	92933
section 2104, 42 U.S.C.A. 1397dd, ~~as amended,~~ that are not	92934
otherwise used to fund the children's health insurance program	92935
parts I and II.	92936

~~(C) If a waiver request the director submits under division~~	92937
~~(A) of this section is granted, the director may adopt rules in~~	92938
~~accordance with Chapter 119. of the Revised Code as necessary for~~	92939
~~the efficient administration of the program authorization by the~~	92940
~~waiver.~~	92941

Sec. 5162.01. (A) As used in the Revised Code:

92942

(1) "Medicaid" and "medicaid program" mean the program of	92943
medical assistance established by Title XIX of the "Social	92944
Security Act," 42 U.S.C. 1396 et seq., including any medical	92945
assistance provided under the medicaid state plan or a federal	92946
medicaid waiver granted by the United States secretary of health	92947
and human services.	92948

(2) "Medicare" and "medicare program" mean the federal health	92949
insurance program established by Title XVIII of the "Social	92950
Security Act," 42 U.S.C. 1395 et seq.	92951

(B) As used in this chapter:

92952

(1) "Dual eligible individual" has the same meaning as in	92953
section 5160.01 of the Revised Code.	92954

(2) "Federal financial participation" has the same meaning as	92955
in section 5160.01 of the Revised Code.	92956

(3) "Federal poverty line" means the official poverty line	92957
defined by the United States office of management and budget based	92958
on the most recent data available from the United States bureau of	92959
the census and revised by the United States secretary of health	92960
and human services pursuant to the "Omnibus Budget Reconciliation	92961
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	92962

(4) "Healthy start component" means the component of the	92963
medicaid program that covers pregnant women and children and is	92964
identified in rules adopted under section 5162.02 of the Revised	92965
Code as the healthy start component.	92966

(5) "ICF/MR" has the same meaning as in section 5124.01 of	92967
the Revised Code.	92968

(6) "Medicaid managed care organization" has the same meaning	92969
as in section 5167.01 of the Revised Code.	92970

(7) "Medicaid provider" has the same meaning as in section	92971
5164.01 of the Revised Code.	92972

(8) "Medicaid services" has the same meaning as in section	92973
5164.01 of the Revised Code.	92974

(9) "Nursing facility" has the same meaning as in section	92975
5165.01 of the Revised Code.	92976

(10) "Political subdivision" means a municipal corporation,	92977
township, county, school district, or other body corporate and	92978
politic responsible for governmental activities only in a	92979
geographical area smaller than that of the state.	92980

(11) "Prescribed drug" has the same meaning as in section	92981
5164.01 of the Revised Code.	92982

(12) "Provider agreement" has the same meaning as in section	92983
5164.01 of the Revised Code.	92984

(13) "Qualified medicaid school provider" means the board of	92985
education of a city, local, or exempted village school district,	92986
the governing authority of a community school established under	92987
Chapter 3314. of the Revised Code, the state school for the deaf,	92988
and the state school for the blind to which both of the following	92989
apply:	92990

(a) It holds a valid provider agreement.

92991

(b) It meets all other conditions for participation in the	92992
medicaid school component of the medicaid program established in	92993
rules authorized by section 5162.364 of the Revised Code.	92994

(14) "State agency" means every organized body, office, or	92995
agency, other than the department of medicaid, established by the	92996
laws of the state for the exercise of any function of state	92997
government.	92998

(15) "Vendor offset" means a reduction of a medicaid payment	92999
to a medicaid provider to correct a previous, incorrect medicaid	93000
payment to that provider.	93001

Sec. 5162.02. The medicaid director shall adopt rules as	93002
necessary to implement this chapter.	93003

Sec. 5162.021. The medicaid director shall adopt rules under	93004
sections 5160.02, 5162.02, 5163.03, 5164.04, 5165.05, 5166.02, and	93005
5167.02 of the Revised Code as necessary to authorize the	93006
directors of other state agencies to adopt rules regarding	93007
medicaid components, or aspects of medicaid components, the other	93008
state agencies administer pursuant to contracts entered into under	93009
section 5162.35 of the Revised Code.	93010

Sec. 5162.022. The medicaid director's rules governing	93011
medicaid are binding on other state agencies and political	93012
subdivisions that administer one or more components of the	93013
medicaid program, or one or more aspects of a component, pursuant	93014
to contracts entered into under section 5162.35 of the Revised	93015
Code. No state agency or political subdivision may establish, by	93016
rule or otherwise, a policy governing medicaid that is	93017
inconsistent with a medicaid policy established, in rule or	93018
otherwise, by the director.	93019

~~Sec. 5111.01.~~ Sec. 5162.03. ~~(A) As used in this chapter:~~

93020

~~"Children's health insurance program" means the children's~~	93021
~~health insurance program part I, children's health insurance~~	93022
~~program part II, and children's health insurance program part III~~	93023
~~authorized by sections 5101.50 to 5101.529 of the Revised Code.~~	93024

~~"Medical assistance program" or "medicaid" means the program~~	93025
~~that is authorized by this chapter and provided by the office of~~	93026
~~medical assistance under this chapter, Title XIX of the "Social~~	93027
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, et seq., as~~	93028
~~amended, and the waivers of Title XIX requirements granted to the~~	93029
~~office by the centers for medicare and medicaid services of the~~	93030
~~United States department of health and human services.~~	93031

~~(B) There is hereby established the office of medical~~	93032
~~assistance as a work unit within the department of job and family~~	93033
~~services. The chief of the office shall hold the title of medical~~	93034
~~assistance director. Notwithstanding section 5101.06 of the~~	93035
~~Revised Code, the governor shall appoint the medical assistance~~	93036
~~director and the medical assistance director shall serve at the~~	93037
~~governor's pleasure. The medical assistance director is not an~~	93038
~~assistant director of the department of job and family services~~	93039
~~for purposes of section 121.05 or 5101.03 of the Revised Code or~~	93040
~~any other purpose.~~	93041

~~Subject to appropriations for the medicaid program and~~	93042
~~children's health insurance program, the department of job and~~	93043
~~family services shall provide staff and support services as~~	93044
~~necessary for the operation of the office of medical assistance.~~	93045

~~If a statute, rule, contract, or other legal authority~~	93046
~~requires the director of job and family services or department of~~	93047
~~job and family services to take an action regarding the medicaid~~	93048
~~program or children's health insurance program, the medical~~	93049
~~assistance director or office of medical assistance shall take the~~	93050
~~action in place of the director of job and family services or~~	93051
~~department of job and family services. If a statute, rule,~~	93052
~~contract, or other legal authority permits the director of job and~~	93053
~~family services or department of job and family services to take~~	93054
~~an action regarding the medicaid program or children's health~~	93055
~~insurance program, the medical assistance director or office of~~	93056
~~medical assistance shall take the action in place of the director~~	93057
~~of job and family services or department of job and family~~	93058
~~services if the action is to be taken.~~	93059

~~The office~~For the purpose of the "Social Security Act,"	93060
section 1902(a)(5), 42 U.S.C. 1396a(a)(5), the department of	93061
~~medical assistance~~medicaid shall act as the single state agency	93062
to supervise the administration of the medicaid program. As the	93063
single state agency, the ~~office~~department shall comply with 42	93064
C.F.R. 431.10(e) and all other federal requirements applicable to	93065
the single state agency. ~~The office's rules governing medicaid are~~	93066
~~binding on other agencies that administer components of the~~	93067
~~medicaid program. No agency may establish, by rule or otherwise, a~~	93068
~~policy governing medicaid that is inconsistent with a medicaid~~	93069
~~policy established, in rule or otherwise, by the medical~~	93070
~~assistance director.~~	93071

~~(C) The office of medical assistance may provide medical~~	93072
~~assistance under the medicaid program as long as federal funds are~~	93073
~~provided for such assistance, to the following:~~	93074

~~(1) Families with children that meet either of the following~~	93075
~~conditions:~~	93076

~~(a) The family meets the income, resource, and family~~	93077
~~composition requirements in effect on July 16, 1996, for the~~	93078
~~former aid to dependent children program as those requirements~~	93079
~~were established by Chapter 5107. of the Revised Code, federal~~	93080
~~waivers granted pursuant to requests made under former section~~	93081
~~5101.09 of the Revised Code, and rules adopted by the department~~	93082
~~or any changes the department makes to those requirements in~~	93083
~~accordance with paragraph (a)(2) of section 114 of the "Personal~~	93084
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	93085
~~110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of~~	93086
~~implementing section 5111.0120 of the Revised Code. An adult loses~~	93087
~~eligibility for medicaid under division (C)(1)(a) of this section~~	93088
~~pursuant to division (E) of section 5107.16 of the Revised Code.~~	93089

~~(b) The family does not meet the requirements specified in~~	93090
~~division (C)(1)(a) of this section but is eligible for medicaid~~	93091
~~pursuant to section 5101.18 of the Revised Code.~~	93092

~~(2) Aged, blind, and disabled persons who meet the following~~	93093
~~conditions:~~	93094

~~(a) Receive federal aid under Title XVI of the "Social~~	93095
~~Security Act," or are eligible for but are not receiving such aid,~~	93096
~~provided that the income from all other sources for individuals~~	93097
~~with independent living arrangements shall not exceed one hundred~~	93098
~~seventy-five dollars per month. The income standards hereby~~	93099
~~established shall be adjusted annually at the rate that is used by~~	93100
~~the United States department of health and human services to~~	93101
~~adjust the amounts payable under Title XVI.~~	93102

~~(b) Do not receive aid under Title XVI, but meet any of the~~	93103
~~following criteria:~~	93104

~~(i) Would be eligible to receive such aid, except that their~~	93105
~~income, other than that excluded from consideration as income~~	93106
~~under Title XVI, exceeds the maximum under division (C)(2)(a) of~~	93107
~~this section, and incurred expenses for medical care, as~~	93108
~~determined under federal regulations applicable to section 209(b)~~	93109
~~of the "Social Security Amendments of 1972," 86 Stat. 1381, 42~~	93110
~~U.S.C. 1396a(f), as amended, equal or exceed the amount by which~~	93111
~~their income exceeds the maximum under division (C)(2)(a) of this~~	93112
~~section;~~	93113

~~(ii) Received aid for the aged, aid to the blind, or aid for~~	93114
~~the permanently and totally disabled prior to January 1, 1974, and~~	93115
~~continue to meet all the same eligibility requirements;~~	93116

~~(iii) Are eligible for medicaid pursuant to section 5101.18~~	93117
~~of the Revised Code.~~	93118

~~(3) Persons to whom federal law requires, as a condition of~~	93119
~~state participation in the medicaid program, that medicaid be~~	93120
~~provided;~~	93121

~~(4) Persons under age twenty-one who meet the income~~	93122
~~requirements for the Ohio works first program established under~~	93123
~~Chapter 5107. of the Revised Code but do not meet other~~	93124
~~eligibility requirements for the program. The medical assistance~~	93125
~~director shall adopt rules in accordance with Chapter 119. of the~~	93126
~~Revised Code specifying which Ohio works first requirements shall~~	93127
~~be waived for the purpose of providing medicaid eligibility under~~	93128
~~division (C)(4) of this section.~~	93129

~~(D) If sufficient funds are appropriated for the medicaid~~	93130
~~program, the office of medical assistance may provide medical~~	93131
~~assistance under the medicaid program to persons in groups~~	93132
~~designated by federal law as groups to which a state, at its~~	93133
~~option, may provide medical assistance under the medicaid program.~~	93134

~~(E) The office of medical assistance may expand eligibility~~	93135
~~for the medicaid program to include individuals under age nineteen~~	93136
~~with family incomes at or below one hundred fifty per cent of the~~	93137
~~federal poverty guidelines, except that the eligibility expansion~~	93138
~~shall not occur unless the office receives the approval of the~~	93139
~~federal government. The office may implement the eligibility~~	93140
~~expansion authorized under this division on any date selected by~~	93141
~~the office, but not sooner than January 1, 1998.~~	93142

~~(F) In addition to any other authority or requirement to~~	93143
~~adopt rules under this chapter, the medical assistance director~~	93144
~~may adopt rules in accordance with section 111.15 of the Revised~~	93145
~~Code as the director considers necessary to establish standards,~~	93146
~~procedures, and other requirements regarding the provision of~~	93147
~~medical assistance under the medicaid program. The rules may~~	93148
~~establish requirements to be followed in applying for medicaid,~~	93149
~~making determinations of eligibility for medicaid, and verifying~~	93150
~~eligibility for medicaid. The rules may include special conditions~~	93151
~~as the office determines appropriate for making applications,~~	93152
~~determining eligibility, and verifying eligibility for any medical~~	93153
~~assistance that the office may provide under the medicaid program~~	93154
~~pursuant to division (E) of this section and section 5111.014 or~~	93155
~~5111.0120 of the Revised Code.~~	93156

~~Sec. 5111.98.~~ Sec. 5162.031. (A) The medicaid director ~~of job and~~	93157
~~family services~~ may do all of the following as necessary for the	93158
department of ~~job and family services~~medicaid to fulfill the	93159
duties it has, as the single state agency for the medicaid	93160
program, under the "Medicare Prescription Drug, Improvement, and	93161
Modernization Act of 2003" Pub. L. No. 108-173~~, 117 Stat. 2066~~:	93162

(1) Adopt rules in accordance with division (B) of this	93163
section;	93164

(2) Assign duties to county departments of job and family	93165
services;	93166

(3) Make payments to the United States department of health	93167
and human services from appropriations made to the department of	93168
~~job and family services~~medicaid for this purpose.	93169

(B) Rules ~~adopted under~~authorized by division (A)(1) of this	93170
section shall be adopted as follows:	93171

(1) If the rules concern the department's duties regarding	93172
~~service~~medicaid providers, ~~in accordance with Chapter 119.~~under	93173
sections 5164.02 and 5165.02 of the Revised Code, as appropriate;	93174

(2) If the rules concern the department's duties concerning	93175
individuals' eligibility for medicaid services, ~~in accordance with~~	93176
under section ~~111.15~~5163.02 of the Revised Code;	93177

(3) If the rules concern the department's duties concerning	93178
financial and operational matters between the department and	93179
county departments of job and family services, ~~in accordance with~~	93180
under section ~~111.15~~5162.02 of the Revised Code ~~as if the rules~~	93181
~~were internal management rules~~.	93182

~~Sec. 5111.102.~~ Sec. 5162.04. As used in this section, "state	93183
agency" has the same meaning as in section 9.23 of the Revised	93184
Code.	93185

No provision of Title LI of the Revised Code or any other law	93186
of this state that incorporates any provision of federal ~~Medicaid~~	93187
medicaid law, ~~Title XIX of the Social Security Act, 79 Stat. 286~~	93188
~~(1965), 42 U.S.C. 1396,~~ or that may be construed as requiring the	93189
state, a state agency, or any state official or employee to comply	93190
with that federal provision, shall be construed as creating a	93191
cause of action to enforce such state law beyond the causes of	93192
action available under federal law for enforcement of the	93193
provision of federal law.	93194

Sec. 5162.05. The medicaid program shall be implemented in	93195
accordance with all of the following:	93196

(A) The medicaid state plan approved by the United States	93197
secretary of health and human services, including amendments to	93198
the plan approved by the United States secretary;	93199

(B) Federal medicaid waivers granted by the United States	93200
secretary, including amendments to waivers approved by the United	93201
States secretary;	93202

(C) Other types of federal approval, including demonstration	93203
grants, that establish requirements for components of the medicaid	93204
program;	93205

(D) Except as otherwise authorized by a federal medicaid	93206
waiver granted by the United States secretary, all applicable	93207
federal statutes, regulations, and policy guidances;	93208

(E) All applicable state statutes.

93209

Sec. 5162.06. (A) Notwithstanding any other state statute,	93210
no component, or aspect of a component, of the medicaid program	93211
shall be implemented without all of the following:	93212

(1) Subject to division (B) of this section, if the	93213
component, or aspect of the component, requires federal approval,	93214
receipt of the federal approval;	93215

(2) Sufficient federal financial participation for the	93216
component or aspect of the component;	93217

(3) Sufficient nonfederal funds for the component or aspect	93218
of the component that qualify as funds needed to obtain the	93219
federal financial participation.	93220

(B) A component, or aspect of a component, of the medicaid	93221
program that requires federal approval may begin to be implemented	93222
before receipt of the federal approval if federal law authorizes	93223
implementation to begin before receipt of the federal approval.	93224
Implementation shall cease if the federal approval is ultimately	93225
denied.	93226

Sec. 5162.07. The medicaid director shall seek federal	93227
approval for all components, and aspects of components, of the	93228
medicaid program for which federal approval is needed, except that	93229
the director is permitted rather than required to seek federal	93230
approval for components, and aspects of components, that state	93231
statutes permit rather than require be implemented. Federal	93232
approval shall be sought in the following forms as appropriate:	93233

(A) The medicaid state plan;

93234

(B) Amendments to the medicaid state plan;

93235

93236

(D) Amendments to federal medicaid waivers;

93237

(E) Other types of federal approval, including demonstration	93238
grants.	93239

~~Sec. 5111.10.~~ Sec. 5162.10. The medicaid director ~~of job and~~	93240
~~family services~~ may conduct reviews of the medicaid program. The	93241
reviews may include physical inspections of records and sites	93242
where ~~medicaid-funded~~medicaid services are provided and	93243
interviews of medicaid providers and medicaid recipients ~~of the~~	93244
~~services~~. If the director determines pursuant to a review that a	93245
person or government entity has violated a rule governing the	93246
medicaid program, the director may establish a corrective action	93247
plan for the violator and impose fiscal, administrative, or both	93248
types of sanctions on the violator in accordance with rules	93249
~~governing the medicaid program~~adopted under section 5162.02 of	93250
the Revised Code.	93251

~~Sec. 5111.915.~~ Sec. 5162.11. (A) The department of ~~job and family~~	93252
~~services~~medicaid shall enter into an agreement with the	93253
department of administrative services for the department of	93254
administrative services to contract through competitive selection	93255
pursuant to section 125.07 of the Revised Code with a vendor to	93256
perform an assessment of the data collection and data warehouse	93257
functions of the medicaid data warehouse system, including the	93258
ability to link the data sets of all agencies serving medicaid	93259
recipients.	93260

The assessment of the data system shall include functions	93261
related to fraud and abuse detection, program management and	93262
budgeting, and performance measurement capabilities of all	93263
agencies serving medicaid recipients, including the departments of	93264
aging, ~~alcohol and drug addiction services,~~ health, job and family	93265
services, medicaid, ~~mental health~~mental health and addiction	93266
services, and developmental disabilities.	93267

~~The department of administrative services shall enter into~~	93268
~~this contract within thirty days after September 29, 2005. The~~	93269
~~contract shall require the vendor to complete the assessment~~	93270
~~within ninety days after September 29, 2005.~~	93271

A qualified vendor with whom the department of administrative	93272
services contracts to assess the data system shall also assist the	93273
medicaid agencies in the definition of the requirements for an	93274
enhanced data system or a new data system and assist the	93275
department of administrative services in the preparation of a	93276
request for proposal to enhance or develop a data system.	93277

(B) Based on the assessment performed pursuant to division	93278
(A) of this section, the department of administrative services	93279
shall seek a qualified vendor through competitive selection	93280
pursuant to section 125.07 of the Revised Code to develop or	93281
enhance a data collection and data warehouse system for the	93282
department of ~~job and family services~~medicaid and all agencies	93283
serving medicaid recipients.	93284

~~Within ninety days after September 29, 2005, the~~The	93285
department of ~~job and family services~~medicaid shall seek enhanced	93286
federal ~~funding~~financial participation for ninety per cent of	93287
the funds required to establish or enhance the data system. The	93288
department of administrative services shall not award a contract	93289
for establishing or enhancing the data system until the department	93290
of ~~job and family services~~medicaid receives approval from the	93291
~~secretary of the~~ United States ~~department~~secretary of health and	93292
human services for the ninety per cent federal ~~match~~financial	93293
participation.	93294

Sec. 5162.12. (A) The medicaid director may enter into a	93295
contract with one or more persons to receive and process, on the	93296
director's behalf, requests for medicaid recipient or claims	93297
payment data, data from reports of audits conducted under section	93298
5165.109 of the Revised Code, or extracts or analyses of any of	93299
the foregoing data made by persons who intend to use the items for	93300
commercial or academic purposes.	93301

(B) At a minimum, a contract entered into under this section	93302
shall do both of the following:	93303

(1) Authorize the contracting person to engage in the	93304
activities described in division (A) of this section for	93305
compensation, which must be stated as a percentage of the fees	93306
paid by persons who are provided the items;	93307

(2) Specify the schedule of fees the contracting person is to	93308
charge for the items.	93309

(C) Except as required by federal or state law and subject to	93310
division (E) of this section, both of the following conditions	93311
apply with respect to a request for data described in division (A)	93312
of this section:	93313

(1) The request shall be made through a person who has	93314
entered into a contract with the medicaid director under this	93315
section.	93316

(2) An item prepared pursuant to the request may be provided	93317
to the department of medicaid and is confidential and not subject	93318
to disclosure under section 149.43 or 1347.08 of the Revised Code.	93319

(D) The medicaid director shall use fees the director	93320
receives pursuant to a contract entered into under this section to	93321
pay obligations specified in contracts entered under this section.	93322
Any money remaining after the obligations are paid shall be	93323
deposited in the health care services administration fund created	93324
under section 5162.54 of the Revised Code.	93325

(E) This section does not apply to requests for medicaid	93326
recipient or claims payment data, data from reports of audits	93327
conducted under section 5165.109 of the Revised Code, or extracts	93328
or analyses of any of the foregoing data that are for any of the	93329
following purposes:	93330

(1) Treatment of medicaid recipients;

93331

(2) Payment of medicaid claims;

93332

(3) Establishment or management of medicaid third party	93333
liability pursuant to sections 5160.35 to 5160.43 of the Revised	93334
Code;	93335

(4) Compliance with the terms of an agreement the medicaid	93336
director enters into for purposes of administering the medicaid	93337
program;	93338

(5) Compliance with an operating protocol the executive	93339
director of the office of health transformation or the executive	93340
director's designee adopts under division (D) of section 191.06 of	93341
the Revised Code.	93342

~~Sec. 5111.09.~~ Sec. 5162.13. On or before the first day of January	93343
of each year, the department of ~~job and family services~~medicaid	93344
shall submit to the speaker and minority leader of the house of	93345
representatives and the president and minority leader of the	93346
senate, and shall make available to the public, a report on the	93347
effectiveness of the ~~Ohio works first program established under~~	93348
~~Chapter 5107. of the Revised Code and the medical assistance~~	93349
medicaid program ~~established under this chapter~~ in meeting the	93350
health care needs of low-income pregnant women, infants, and	93351
children. The report shall include: the estimated number of	93352
~~persons eligible for health care services to~~ pregnant women,	93353
infants, and children ~~under the programs~~eligible for the	93354
program; the actual number of eligible persons ~~served~~enrolled in	93355
the program; the number of prenatal, postpartum, and child health	93356
visits; a report on birth outcomes, including a comparison of	93357
low-birthweight births and infant mortality rates of ~~program~~	93358
~~participants~~medicaid recipients with the general female	93359
child-bearing and infant population in this state; and a	93360
comparison of the prenatal, delivery, and child health costs of	93361
the ~~programs~~program with such costs of similar programs in other	93362
states, where available.	93363

~~Sec. 5111.091.~~ Sec. 5162.131. Semiannually, the medicaid director	93364
~~of job and family services~~ shall submit to the president and	93365
minority leader of the senate, speaker and minority leader of the	93366
house of representatives, and the chairpersons of the standing	93367
committees of the senate and house of representatives with primary	93368
responsibility for legislation making biennial appropriations a	93369
report on the establishment and implementation of programs	93370
designed to control the increase of the cost of the medicaid	93371
program, increase the efficiency of the medicaid program, and	93372
promote better health outcomes. In each calendar year, one report	93373
shall be submitted not later than the last day of June and the	93374
subsequent report shall be submitted not later than the last day	93375
of December.	93376

~~Sec. 5111.092.~~ Sec. 5162.132. ~~(A) Not later than January 1, 2010,~~	93377
~~and each year thereafter~~Annually, the department of ~~job and~~	93378
~~family services~~medicaid shall prepare a report on the	93379
department's efforts to minimize fraud, waste, and abuse in the	93380
medicaid program.	93381

~~(B)~~ Each report shall be made available on the department's	93382
web site. The department shall submit a copy of each report to the	93383
governor and, in accordance with section 101.68 of the Revised	93384
Code, the general assembly. Copies of the report also shall be	93385
made available to the public on request.	93386

~~Sec. 5111.101.~~ Sec. 5162.15. (A) As used in this section;

93387

"Agent" and "contractor" include any agent, contractor,	93388
subcontractor, or other person who, on behalf of an entity,	93389
furnishes or authorizes the furnishing of ~~health care items or~~	93390
medicaid services ~~under the medicaid program~~, performs billing or	93391
coding functions, or is involved in monitoring of health care that	93392
an entity provides.	93393

"Employee" includes any officer or employee (including	93394
management employees) of an entity.	93395

"Entity" includes a governmental entity or an organization,	93396
unit, corporation, partnership, or other business arrangement,	93397
including any medicaid managed care organization, irrespective of	93398
the form of business structure or arrangement by which it exists,	93399
whether for-profit or not-for-profit. "Entity" does not include a	93400
government entity that administers one or more components of the	93401
medicaid program, unless the government entity receives medicaid	93402
payments for providing ~~items or~~medicaid services.	93403

"Federal health care programs" has the same meaning as in the	93404
"Social Security Act," section 1128B, 42 U.S.C. 1320a-7b(f).	93405

(B) Each entity that receives or makes in a federal fiscal	93406
year payments under the medicaid program, either through the	93407
medicaid state ~~medicaid~~ plan or a federal medicaid waiver,	93408
totaling at least five million dollars shall, as a condition of	93409
receiving such payments, do all of the following not later than	93410
the first day of the succeeding calendar year:	93411

(1) Establish written policies for all of the entity's	93412
employees, contractors, and agents that provide detailed	93413
information about the role of all of the following in preventing	93414
and detecting fraud, waste, and abuse in federal health care	93415
programs:	93416

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

93417

(b) Federal administrative remedies for false claims and	93418
statements available under 31 U.S.C. 3801 to 3812;	93419

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	93420
Revised Code and any other state laws pertaining to civil or	93421
criminal penalties for false claims and statements;	93422

(d) Whistleblower protections under the laws specified in	93423
divisions (B)(1)(a) to (c) of this section.	93424

(2) Include as part of the written policies required by	93425
division (B)(1) of this section detailed provisions regarding the	93426
entity's policies and procedures for preventing and detecting	93427
fraud, waste, and abuse.	93428

(3) Disseminate the written policies required by division	93429
(B)(1) of this section to each of the entity's employees,	93430
contractors, and agents in a paper or electronic form and make the	93431
written policies readily available to the entity's employees,	93432
contractors, and agents.	93433

(4) If the entity has an employee handbook, include in the	93434
employee handbook a specific discussion of the laws specified in	93435
division (B)(1) of this section, the rights of employees to be	93436
protected as whistleblowers, and the entity's policies and	93437
procedures for preventing and detecting fraud, waste, and abuse.	93438

(5) Require the entity's contractors and agents to adopt the	93439
entity's written policies required by division (B)(1) of this	93440
section.	93441

(C) An entity that furnishes ~~items or~~medicaid services at	93442
multiple locations or under multiple contractual or other payment	93443
arrangements is required to comply with division (B) of this	93444
section if the entity receives in a federal fiscal year medicaid	93445
payments totaling in the aggregate at least five million dollars.	93446
This applies regardless of whether the entity submits claims for	93447
medicaid payments using multiple provider identification or tax	93448
identification numbers.	93449

~~Sec. 5111.0112.~~ Sec. 5162.20. (A) The ~~director~~department of ~~job~~	93450
~~and family services~~medicaid shall institute a cost-sharing	93451
~~program under~~requirements for the medicaid program. In	93452
~~instituting the cost-sharing program, the director shall comply~~	93453
~~with federal law.~~ The cost-sharing ~~program~~requirements shall	93454
~~establish~~include a copayment requirement for at least dental	93455
services, vision services, nonemergency emergency department	93456
services, and ~~prescription~~prescribed drugs~~, other than generic~~	93457
~~drugs~~. The cost-sharing ~~program~~requirements also shall ~~establish~~	93458
include requirements regarding premiums, enrollment fees,	93459
deductions, and similar charges. ~~The director shall adopt rules~~	93460
~~under section 5111.02 of the Revised Code governing the~~	93461
~~cost-sharing program.~~	93462

(B) ~~The cost-sharing program shall, to the extent permitted~~	93463
~~by federal law, provide for all of the following with regard to~~	93464
~~any providers participating in the medicaid program:~~	93465

(1) No provider shall refuse to provide a service to a	93466
medicaid recipient who is unable to pay a required copayment for	93467
the service.	93468

(2) Division (B)(1) of this section shall not be considered	93469
to do either of the following with regard to a medicaid recipient	93470
who is unable to pay a required copayment:	93471

(a) Relieve the medicaid recipient from the obligation to pay	93472
a copayment;	93473

(b) Prohibit the provider from attempting to collect an	93474
unpaid copayment.	93475

~~(3)~~(C) Except as provided in division ~~(C)~~(F) of this section,	93476
no provider shall waive a medicaid recipient's obligation to pay	93477
the provider a copayment.	93478

~~(4)~~(D) No provider or drug manufacturer, including the	93479
manufacturer's representative, employee, independent contractor,	93480
or agent, shall pay any copayment on behalf of a medicaid	93481
recipient.	93482

~~(5)~~(E) If it is the routine business practice of ~~the~~a	93483
provider to refuse service to any individual who owes an	93484
outstanding debt to the provider, the provider may consider an	93485
unpaid copayment imposed by the cost-sharing ~~program~~requirements	93486
as an outstanding debt and may refuse service to a medicaid	93487
recipient who owes the provider an outstanding debt. If the	93488
provider intends to refuse service to a medicaid recipient who	93489
owes the provider an outstanding debt, the provider shall notify	93490
the ~~individual~~recipient of the provider's intent to refuse	93491
~~services~~service.	93492

~~(C)~~(F) In the case of a provider that is a hospital, the	93493
cost-sharing program shall permit the hospital to take action to	93494
collect a copayment by providing, at the time services are	93495
rendered to a medicaid recipient, notice that a copayment may be	93496
owed. If the hospital provides the notice and chooses not to take	93497
any further action to pursue collection of the copayment, the	93498
prohibition against waiving copayments specified in division	93499
~~(B)(3)~~(C) of this section does not apply.	93500

~~(D)~~(G) The department of ~~job and family services~~medicaid may	93501
~~work~~collaborate with a state agency that is administering,	93502
pursuant to a contract entered into under section ~~5111.91~~5162.35	93503
of the Revised Code, one or more components ~~of the medicaid~~	93504
~~program~~, or one or more aspects of a component, of the medicaid	93505
program as necessary for the state agency to apply the	93506
cost-sharing ~~program~~requirements to the components or aspects of	93507
~~the medicaid program~~a component that the state agency	93508
administers.	93509

~~Sec. 5111.11.~~ Sec. 5162.21. (A) As used in this section and	93510
section ~~5111.111~~5162.211 of the Revised Code:	93511

(1) "Estate" includes both of the following:

93512

(a) All real and personal property and other assets to be	93513
administered under Title XXI of the Revised Code and property that	93514
would be administered under that title if not for section 2113.03	93515
or 2113.031 of the Revised Code;	93516

(b) Any other real and personal property and other assets in	93517
which an individual had any legal title or interest at the time of	93518
death (to the extent of the interest), including assets conveyed	93519
to a survivor, heir, or assign of the individual through joint	93520
tenancy, tenancy in common, survivorship, life estate, living	93521
trust, or other arrangement.	93522

(2) "Institution" means a nursing facility, ~~intermediate care~~	93523
~~facility for the mentally retarded~~ICF/MR, or a medical	93524
institution.	93525

(3) ~~"Intermediate care facility for the mentally retarded"~~	93526
~~and "nursing facility" have the same meanings as in section~~	93527
~~5111.20 of the Revised Code.~~	93528

~~(4)~~ "Permanently institutionalized individual" means an	93529
individual to whom all of the following apply:	93530

(a) Is an inpatient in an institution;

93531

(b) Is required, as a condition of the medicaid program	93532
paying for the individual's services in the institution, to spend	93533
for costs of medical or nursing care all of the individual's	93534
income except for an amount for personal needs specified by the	93535
department of ~~job and family services~~medicaid;	93536

(c) Cannot reasonably be expected to be discharged from the	93537
institution and return home as determined by the department of ~~job~~	93538
~~and family services~~medicaid.	93539

~~(5)~~(4) "Qualified state long-term care insurance partnership	93540
program" means the program established under section ~~5111.18~~	93541
5164.86 of the Revised Code.	93542

~~(6)~~(5) "Time of death" shall not be construed to mean a time	93543
after which a legal title or interest in real or personal property	93544
or other asset may pass by survivorship or other operation of law	93545
due to the death of the decedent or terminate by reason of the	93546
decedent's death.	93547

(B) To the extent permitted by federal law, the department of	93548
~~job and family services~~medicaid shall institute a medicaid estate	93549
recovery program under which the department shall, except as	93550
provided in divisions (C) and (E) of this section, and subject to	93551
division (D) of this section, do all of the following:	93552

(1) For the costs of medicaid services the medicaid program	93553
correctly paid or will pay on behalf of a permanently	93554
institutionalized individual of any age, seek adjustment or	93555
recovery from the individual's estate or on the sale of property	93556
of the individual or spouse that is subject to a lien imposed	93557
under section ~~5111.111~~5162.211 of the Revised Code;	93558

(2) For the costs of medicaid services the medicaid program	93559
correctly paid or will pay on behalf of an individual fifty-five	93560
years of age or older who is not a permanently institutionalized	93561
individual, seek adjustment or recovery from the individual's	93562
estate;	93563

(3) Seek adjustment or recovery from the estate of other	93564
individuals as permitted by federal law.	93565

(C)(1) No adjustment or recovery may be made under division	93566
(B)(1) of this section from a permanently institutionalized	93567
individual's estate or on the sale of property of a permanently	93568
institutionalized individual that is subject to a lien imposed	93569
under section ~~5111.111~~5162.211 of the Revised Code or under	93570
division (B)(2) or (3) of this section from an individual's estate	93571
while either of the following are alive:	93572

(a) The spouse of the permanently institutionalized	93573
individual or individual;	93574

(b) The son or daughter of a permanently institutionalized	93575
individual or individual if the son or daughter is under age	93576
twenty-one or, under the "Social Security Act," section 1614, 42	93577
U.S.C. 1382c, is considered blind or disabled.	93578

(2) No adjustment or recovery may be made under division	93579
(B)(1) of this section from a permanently institutionalized	93580
individual's home that is subject to a lien imposed under section	93581
~~5111.111~~5162.211 of the Revised Code while either of the	93582
following lawfully reside in the home:	93583

(a) The permanently institutionalized individual's sibling	93584
who resided in the home for at least one year immediately before	93585
the date of the permanently institutionalized individual's	93586
admission to the institution and on a continuous basis since that	93587
time;	93588

(b) The permanently institutionalized individual's son or	93589
daughter who provided care to the permanently institutionalized	93590
individual that delayed the permanently institutionalized	93591
individual's institutionalization and resided in the home for at	93592
least two years immediately before the date of the permanently	93593
institutionalized individual's admission to the institution and on	93594
a continuous basis since that time.	93595

(D) In the case of a participant of the qualified state	93596
long-term care insurance partnership program, adjustment or	93597
recovery required by this section may be reduced in accordance	93598
with rules ~~adopted under~~authorized by division (G) of this	93599
section.	93600

(E) The department shall, in accordance with procedures and	93601
criteria established in rules ~~adopted under~~authorized by division	93602
(G) of this section, waive seeking an adjustment or recovery	93603
otherwise required by this section if the medicaid director ~~of job~~	93604
~~and family services~~ determines that adjustment or recovery would	93605
work an undue hardship. The department may limit the duration of	93606
the waiver to the period during which the undue hardship exists.	93607

(F) For the purpose of determining whether an individual	93608
meets the definition of "permanently institutionalized individual"	93609
established for this section, a rebuttable presumption exists that	93610
the individual cannot reasonably be expected to be discharged from	93611
an institution and return home if either of the following is the	93612
case:	93613

(1) The individual declares that he or she does not intend to	93614
return home.	93615

(2) The individual has been an inpatient in an institution	93616
for at least six months.	93617

(G) ~~The director of job and family services shall adopt rules~~	93618
~~in accordance with Chapter 119. of the Revised Code regarding the~~	93619
~~medicaid estate recovery program, including rules that~~Rules	93620
adopted under section 5162.02 of the Revised Code shall do both of	93621
the following:	93622

(1) For the purpose of division (D) of this section and	93623
consistent with the "Social Security Act," section 1917(b)(1)(C),	93624
42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or	93625
recovery in the case of a participant of the qualified state	93626
long-term care insurance partnership program;	93627

(2) For the purpose of division (E) of this section and	93628
consistent with the standards specified by the United States	93629
secretary of health and human services under the "Social Security	93630
Act," section 1917(b)(3), 42 U.S.C. 1396p(b)(3), establish	93631
procedures and criteria for waiving adjustment or recovery due to	93632
an undue hardship.	93633

~~Sec. 5111.111.~~ Sec. 5162.211. (A) Except as provided in division	93634
(B) of this section and section ~~5111.12~~5162.23 of the Revised	93635
Code, no lien may be imposed against the property of an individual	93636
before the individual's death on account of medicaid services	93637
correctly paid or to be paid on the individual's behalf.	93638

(B) Except as provided in division (C) of this section, the	93639
department of ~~job and family services~~medicaid may impose a lien	93640
against the real property of a medicaid recipient who is a	93641
permanently institutionalized individual and against the real	93642
property of the recipient's spouse, including any real property	93643
that is jointly held by the recipient and spouse. The lien may be	93644
imposed on account of medicaid paid or to be paid on the	93645
recipient's behalf.	93646

(C) No lien may be imposed under division (B) of this section	93647
against the home of a medicaid recipient if any of the following	93648
lawfully resides in the home:	93649

(1) The recipient's spouse;

93650

(2) The recipient's son or daughter who is under twenty-one	93651
years of age or, under the "Social Security Act," section 1614, 42	93652
U.S.C. 1382c, considered to be blind or disabled;	93653

(3) The recipient's sibling who has an equity interest in the	93654
home and resided in the home for at least one year immediately	93655
before the date of the recipient's admission to the institution.	93656

(D) The medicaid director ~~of job and family services~~ or a	93657
person designated by the director shall sign a certificate to	93658
effectuate a lien required to be imposed under this section. The	93659
county department of job and family services shall file for	93660
recording and indexing the certificate, or a certified copy, in	93661
the real estate mortgage records in the office of the county	93662
recorder in every county in which real property of the recipient	93663
or spouse is situated. From the time of filing the certificate in	93664
the office of the county recorder, the lien attaches to all real	93665
property of the recipient or spouse described in the certificate	93666
for all amounts for which adjustment or recovery may be made under	93667
section ~~5111.11~~5162.21 of the Revised Code and, except as	93668
provided in division (E) of this section, shall remain a lien	93669
until satisfied.	93670

Upon filing the certificate in the office of the recorder,	93671
all persons are charged with notice of the lien and the rights of	93672
the department of ~~job and family services~~medicaid thereunder.	93673

The county recorder shall keep a record of every certificate	93674
filed showing its date, the time of filing, the name and residence	93675
of the recipient or spouse, and any release, waivers, or	93676
satisfaction of the lien.	93677

The priority of the lien shall be established in accordance	93678
with state and federal law.	93679

The department may waive the priority of its lien to provide	93680
for the costs of the last illness as determined by the department,	93681
administration, attorney fees, administrator fees, a sum for the	93682
payment of the costs of burial, which shall be computed by	93683
deducting from five hundred dollars whatever amount is available	93684
for the same purpose from all other sources, and a similar sum for	93685
the spouse of the decedent.	93686

(E) A lien imposed with respect to a medicaid recipient under	93687
this section shall dissolve on the recipient's discharge from the	93688
institution and return home.	93689

~~Sec. 5111.112.~~ Sec. 5162.212. The department of ~~job and family~~	93690
~~services~~medicaid shall certify amounts due under the medicaid	93691
estate recovery program instituted under section ~~5111.11~~5162.21	93692
of the Revised Code to the attorney general pursuant to section	93693
131.02 of the Revised Code. The attorney general may enter into a	93694
contract with any person or government entity to collect the	93695
amounts due on behalf of the attorney general.	93696

The attorney general, in entering into a contract under this	93697
section, shall comply with all of the requirements that must be	93698
met for the state to receive federal financial participation for	93699
the costs incurred in entering into the contract and carrying out	93700
actions under the contract. The contract may provide for the	93701
person or government entity with which the attorney general	93702
contracts to be compensated from the property recovered under the	93703
medicaid estate recovery program or may provide for another manner	93704
of compensation agreed to by the parties to the contract.	93705

Regardless of whether the attorney general collects the	93706
amounts due under the medicaid estate recovery program or	93707
contracts with a person or government entity to collect the	93708
amounts due on behalf of the attorney general, the amounts due	93709
shall be collected in accordance with applicable requirements of	93710
federal statutes and regulations and state statutes and rules.	93711

~~Sec. 5111.113.~~ Sec. 5162.22. (A) As used in this section:

93712

(1) "Commissioner" means a person appointed by a probate	93713
court under division (E) of section 2113.03 of the Revised Code to	93714
act as a commissioner.	93715

(2) "Home" has the same meaning as in section 3721.10 of the	93716
Revised Code.	93717

(3) "Personal needs allowance account" means an account or	93718
petty cash fund that holds the money of a resident of ~~an adult~~	93719
~~care~~a residential facility or home and that the facility or home	93720
manages for the resident.	93721

(4) "Residential facility" means a residential facility	93722
licensed under section ~~5119.22~~5119.34 of the Revised Code that	93723
provides accommodations, supervision, and personal care services	93724
for three to sixteen unrelated adults.	93725

(B) Except as provided in divisions (C) and (D) of this	93726
section, the owner or operator of a home or residential facility	93727
shall transfer to the department of ~~job and family services~~	93728
medicaid the money in the personal needs allowance account of a	93729
resident of the home or facility who was a medicaid recipient of	93730
~~the medical assistance program~~ no earlier than sixty days but not	93731
later than ninety days after the resident dies. The home or	93732
facility shall transfer the money even though the owner or	93733
operator of the facility or home has not been issued letters	93734
testamentary or letters of administration concerning the	93735
resident's estate.	93736

(C) If funeral or burial expenses for a resident of a home or	93737
residential facility who has died have not been paid and the only	93738
resource the resident had that could be used to pay for the	93739
expenses is the money in the resident's personal needs allowance	93740
account, or all other resources of the resident are inadequate to	93741
pay the full cost of the expenses, the money in the resident's	93742
personal needs allowance account shall be used to pay for the	93743
expenses rather than being transferred to the department of ~~job~~	93744
~~and family services~~medicaid pursuant to division (B) of this	93745
section.	93746

(D) If, not later than sixty days after a resident of a home	93747
or residential facility dies, letters testamentary or letters of	93748
administration are issued, or an application for release from	93749
administration is filed under section 2113.03 of the Revised Code,	93750
concerning the resident's estate, the owner or operator of the	93751
home or facility shall transfer the money in the resident's	93752
personal needs allowance account to the administrator, executor,	93753
commissioner, or person who filed the application for release from	93754
administration.	93755

(E) The transfer or use of money in a resident's personal	93756
needs allowance account in accordance with division (B), (C), or	93757
(D) of this section discharges and releases the home or	93758
residential facility, and the owner or operator of the home, from	93759
any claim for the money from any source.	93760

(F) If, sixty-one or more days after a resident of a home or	93761
residential facility dies, letters testamentary or letters of	93762
administration are issued, or an application for release from	93763
administration under section 2113.03 of the Revised Code is filed,	93764
concerning the resident's estate, the department of ~~job and family~~	93765
~~services~~medicaid shall transfer the funds to the administrator,	93766
executor, commissioner, or person who filed the application,	93767
unless the department is entitled to recover the money under the	93768
medicaid estate recovery program instituted under section ~~5111.11~~	93769
5162.21 of the Revised Code.	93770

~~Sec. 5111.12.~~ Sec. 5162.23. (A) The medicaid director ~~of job and~~	93771
~~family services~~ shall ~~establish~~adopt rules under ~~which~~section	93772
5162.02 of the Revised Code permitting county departments of job	93773
and family services ~~may~~to take action to recover benefits	93774
incorrectly paid on behalf of medicaid recipients ~~of medical~~	93775
~~assistance~~. The rules shall provide for recovery by the following	93776
methods:	93777

(1) Soliciting voluntary payments from recipients or from	93778
persons holding property in which a recipient has a legal or	93779
equitable interest;	93780

(2) Obtaining a lien on property pursuant to division (B) of	93781
this section.	93782

(B) A county department of job and family services may bring	93783
a civil action in a court of common pleas against a medicaid	93784
recipient ~~of medical assistance~~ for the recovery of any ~~medical~~	93785
~~assistance benefits~~medicaid payments determined by the court to	93786
have been paid incorrectly on behalf of the recipient. All persons	93787
holding property in which the recipient has a legal or equitable	93788
interest may be joined as parties. The court may issue	93789
pre-judgment orders, including injunctive relief or attachment	93790
under Chapter 2715. of the Revised Code, for the preservation of	93791
real or personal property in which the recipient may have a legal	93792
or equitable interest. If the court determines that ~~benefits~~	93793
medicaid payments were ~~paid~~made incorrectly and issues a judgment	93794
to that effect, the county department may obtain a lien upon	93795
property of the recipient in accordance with Chapter 2329. of the	93796
Revised Code.	93797

(C) The county department of job and family services shall	93798
retain fifty per cent of the balance remaining after deduction	93799
from the recovery of the amount required to be returned to the	93800
federal government and shall pay the other fifty per cent of the	93801
balance to the department of ~~job and family services~~medicaid.	93802

(D) Recovery of ~~medical assistance benefits~~medicaid payments	93803
incorrectly ~~paid to~~made on behalf of a medicaid recipient may not	93804
be accomplished by reducing the amount of benefits the recipient	93805
is entitled to receive under another government assistance	93806
program.	93807

(E) The remedies provided pursuant to this section do not	93808
affect any other remedies county departments of job and family	93809
services may have to recover benefits incorrectly paid on behalf	93810
of medicaid recipients ~~of medical assistance~~.	93811

~~Sec. 5111.121.~~ Sec. 5162.24. (A) As used in this section, "third	93812
party" has the same meaning as in section ~~5101.571~~5160.35 of the	93813
Revised Code.	93814

(B) In addition to the authority granted under section	93815
~~5101.59~~5160.38 of the Revised Code, the department of ~~job and~~	93816
~~family services~~medicaid may, to the extent necessary to reimburse	93817
its costs, garnish the wages, salary, or other employment income	93818
of, and withhold amounts from state tax refunds to, any person to	93819
whom both of the following apply:	93820

(1) The person is required by a court or administrative order	93821
to provide coverage of the cost of health care services to a child	93822
eligible for ~~medical assistance under this chapter~~medicaid.	93823

(2) The person has received payment from a third party for	93824
the costs of such services but has not used the payment to	93825
reimburse either the other parent or guardian of the child or the	93826
provider of the services.	93827

(C) Claims for current and past due child support shall take	93828
priority over claims under division (B) of this section.	93829

Sec. 5162.31. Local funds, whether from public or private	93830
sources, expended by a county department of job and family	93831
services for administration of the healthy start component shall	93832
be considered to have been expended by the state for the purpose	93833
of determining the extent to which the state has complied with any	93834
federal requirement that the state provide funds to match federal	93835
financial participation for the medicaid program. This section	93836
does not affect the amount of funds a county is entitled to	93837
receive under sections 5101.16 and 5101.161 of the Revised Code.	93838

~~Sec. 5111.90.~~ Sec. 5162.32. ~~(A) As used in sections 5111.90 to~~	93839
~~5111.93 of the Revised Code:~~	93840

~~(1) "Political subdivision" means a municipal corporation,~~	93841
~~township, county, school district, or other body corporate and~~	93842
~~politic responsible for governmental activities only in a~~	93843
~~geographical area smaller than that of the state.~~	93844

~~(2) "State agency" means every organized body, office, or~~	93845
~~agency, other than the department of job and family services,~~	93846
~~established by the laws of the state for the exercise of any~~	93847
~~function of state government.~~	93848

~~(B) To the extent permitted by Title XIX of the "Social~~	93849
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended,~~	93850
~~and regulations adopted under that title, the~~The department of	93851
~~job and family services~~medicaid may enter into contracts with	93852
political subdivisions to use funds of the political subdivision	93853
to pay the nonfederal share of expenditures under the medicaid	93854
program. The determination and provision of federal financial	93855
~~reimbursement~~participation to a subdivision entering into a	93856
contract under this section shall be determined by the department,	93857
subject to section ~~5111.92~~5162.40 of the Revised Code~~, approval~~	93858
~~by the United States secretary of health and human services, and~~	93859
~~the availability of federal financial participation~~.	93860

~~Sec. 5111.91.~~ Sec. 5162.35. The department of ~~job and family~~	93861
~~services~~medicaid may enter into contracts with one or more other	93862
state agencies or political subdivisions to have the state agency	93863
or political subdivision administer one or more components of the	93864
medicaid program, or one or more aspects of a component, under the	93865
department's supervision. A state agency or political subdivision	93866
that enters into such a contract shall comply with the terms of	93867
the contract and any rules the medicaid director ~~of job and family~~	93868
~~services~~ has adopted governing the component, or aspect of the	93869
component, that the state agency or political subdivision is to	93870
administer, including any rules establishing review, audit, and	93871
corrective action plan requirements. A contract with a state	93872
agency shall be in the form of an interagency agreement.	93873

A state agency or political subdivision that enters into a	93874
contract with the department under this section shall reimburse	93875
the department for the nonfederal share of the cost to the	93876
department of performing, or contracting for the performance of, a	93877
fiscal audit of the component of the medicaid program, or aspect	93878
of the component, that the state agency or political subdivision	93879
administers if rules governing the component, or aspect of the	93880
component, require that a fiscal audit be conducted.	93881

~~There is hereby created in the state treasury the medicaid~~	93882
~~administrative reimbursement fund. The department shall use money~~	93883
~~in the fund to pay for the nonfederal share of the cost of a~~	93884
~~fiscal audit for which a state agency or political subdivision is~~	93885
~~required by this section to reimburse the department. The~~	93886
~~department shall deposit the reimbursements into the fund.~~	93887

~~Sec. 5111.71.~~ Sec. 5162.36. (A) ~~As used in sections 5111.71 to~~	93888
~~5111.715 of the Revised Code, "qualified medicaid school provider"~~	93889
~~means the board of education of a city, local, or exempted village~~	93890
~~school district, the governing authority of a community school~~	93891
~~established under Chapter 3314. of the Revised Code, the state~~	93892
~~school for the deaf, and the state school for the blind to which~~	93893
~~both of the following apply:~~	93894

~~(1) It holds a valid medicaid provider agreement.~~

93895

~~(2) It meets all other conditions for participation in the~~	93896
~~medicaid school component of the medicaid program established in~~	93897
~~rules adopted under section 5111.715 of the Revised Code.~~	93898

(B) The medicaid director ~~of job and family services~~ shall	93899
~~submit a state medicaid plan amendment to the United States~~	93900
~~secretary of health and human services for the purpose of creating~~	93901
create, in accordance with sections ~~5111.71~~5162.36 to ~~5111.715~~	93902
5162.364 of the Revised Code, the medicaid school component of the	93903
medicaid program. ~~The director shall create the medicaid school~~	93904
~~component on receipt of the United States secretary's approval of~~	93905
~~the amendment.~~	93906

~~Sec. 5111.711.~~ Sec. 5162.361. A qualified medicaid school provider	93907
participating in the medicaid school component of the medicaid	93908
program may submit a claim to the department of ~~job and family~~	93909
~~services~~medicaid for federal financial participation for	93910
providing, in schools, services covered by the medicaid school	93911
component to medicaid recipients who are eligible for the	93912
services. No qualified medicaid school provider may submit such a	93913
claim before the provider incurs the cost of providing the	93914
service.	93915

The claim shall include certification of the qualified	93916
medicaid school provider's expenditures for the service. The	93917
certification shall show that the money the qualified medicaid	93918
school provider used for the expenditures was nonfederal money the	93919
provider may legally use for providing the service and that the	93920
amount of the expenditures was sufficient to pay the full cost of	93921
the service.	93922

Except as otherwise provided in sections ~~5111.71~~5162.36 to	93923
~~5111.715~~5162.364 of the Revised Code and rules ~~adopted under~~	93924
authorized by sections ~~5111.713~~5162.363 and ~~5111.715~~5162.364 of	93925
the Revised Code, a qualified medicaid school provider is subject	93926
to all conditions of participation in the medicaid program that	93927
generally apply to providers of goods and services under the	93928
medicaid program, including conditions regarding audits and	93929
recovery of overpayments.	93930

~~Sec. 5111.712.~~ Sec. 5162.362. The department of ~~job and family~~	93931
~~services~~medicaid shall seek federal financial participation for	93932
each claim a qualified medicaid school provider properly submits	93933
to the department under section ~~5111.711~~5162.361 of the Revised	93934
Code. The department shall disburse the federal financial	93935
participation the department receives from the federal government	93936
for such a claim to the qualified medicaid school provider that	93937
submitted the claim. The department may not pay the qualified	93938
medicaid school provider the nonfederal share of the cost of the	93939
services for which the claim was submitted.	93940

~~Sec. 5111.713.~~ Sec. 5162.363. The department of ~~job and family~~	93941
~~services~~medicaid shall enter into an interagency agreement with	93942
the department of education under section ~~5111.91~~5162.35 of the	93943
Revised Code that provides for the department of education to	93944
administer the medicaid school component of the medicaid program	93945
other than the aspects of the component that sections ~~5111.71~~	93946
5162.36 to ~~5111.715~~5162.364 of the Revised Code require the	93947
department of ~~job and family services~~medicaid to administer. The	93948
interagency agreement may include a provision that provides for	93949
the department of education to pay to the department of ~~job and~~	93950
~~family services~~medicaid the nonfederal share of a portion of the	93951
administrative expenses the department of ~~job and family services~~	93952
medicaid incurs in administering the aspects of the component that	93953
the department of ~~job and family services~~medicaid administers.	93954

~~The~~To the extent authorized by rules authorized by section	93955
5162.021 of the Revised Code, the department of education shall	93956
establish, in rules adopted under ~~Chapter 119.~~section 5162.02 of	93957
the Revised Code, a process by which qualified medicaid school	93958
providers participating in the medicaid school component pay to	93959
the department of education the nonfederal share of the	93960
department's expenses incurred in administering the component. The	93961
rules shall be adopted in accordance with Chapter 119. of the	93962
Revised Code.	93963

~~Sec. 5111.715.~~ Sec. 5162.364. The medicaid director ~~of job and~~	93964
~~family services~~ shall adopt rules under ~~Chapter 119.~~section	93965
5162.02 of the Revised Code as necessary to implement the medicaid	93966
school component of the medicaid program, including rules that	93967
establish or specify all of the following:	93968

(A) Conditions a board of education of a city, local, or	93969
exempted school district, governing authority of a community	93970
school established under Chapter 3314. of the Revised Code, the	93971
state school for the deaf, and the state school for the blind must	93972
meet to participate in the component;	93973

(B) Services the component covers;

93974

(C) ~~Reimbursement~~Payment rates for the services the	93975
component covers.	93976

The rules shall be adopted in accordance with Chapter 119. of	93977
the Revised Code.	93978

~~Sec. 5111.911.~~ Sec. 5162.37. Any contract the department of ~~job and~~	93979
~~family services~~medicaid enters into with the department of ~~mental~~	93980
~~health or department of alcohol and drug addiction services~~mental	93981
health and addiction services under section ~~5111.91~~5162.35 of the	93982
Revised Code is subject to the approval of the director of budget	93983
and management and shall require or specify all of the following:	93984

(A) ~~In the case of a contract with the department of mental~~	93985
~~health, that~~That section ~~5111.912~~5162.371 of the Revised Code	93986
be complied with;	93987

(B) ~~In the case of a contract with the department of alcohol~~	93988
~~and drug addiction services, that section 5111.913 of the Revised~~	93989
~~Code be complied with;~~	93990

~~(C)~~ How providers will be paid for providing the services;

93991

~~(D)~~(C) The ~~department of mental health's or department of~~	93992
~~alcohol and drug addiction services'~~ responsibilities of the	93993
department of mental health and addiction services with regard to	93994
providers, including program oversight and quality assurance.	93995

~~Sec. 5111.912.~~ Sec. 5162.371. If the department of ~~job and family~~	93996
~~services~~medicaid enters into a contract with the department of	93997
~~mental health~~mental health and addiction services under section	93998
~~5111.91~~5162.35 of the Revised Code, the department of ~~job and~~	93999
~~family services~~medicaid shall pay the nonfederal share of any	94000
medicaid payment to a provider for services under the component,	94001
or aspect of the component, the department of ~~mental health~~mental	94002
health and addiction services administers. ~~If necessary, the~~	94003
~~director of job and family services shall submit a medicaid state~~	94004
~~plan amendment to the United States secretary of health and human~~	94005
~~services regarding the department of job and family services' duty~~	94006
~~under this section.~~	94007

~~Sec. 5111.92.~~ Sec. 5162.40. (A)(1) Except as provided in division	94008
(B) of this section, if a state agency or political subdivision	94009
administers one or more components of the medicaid program that	94010
the United States department of health and human services	94011
approved, and for which federal financial participation was	94012
initially obtained, prior to January 1, 2002, or administers one	94013
or more aspects of such a component, the department of ~~job and~~	94014
~~family services~~medicaid may retain or collect not more than ten	94015
per cent of the federal financial participation the state agency	94016
or political subdivision obtains through an approved,	94017
administrative claim regarding the component or aspect of the	94018
component. If the department retains or collects a percentage of	94019
such federal financial participation, the percentage the	94020
department retains or collects shall be specified in a contract	94021
the department enters into with the state agency or political	94022
subdivision under section ~~5111.91~~5162.35 of the Revised Code.	94023

(2) Except as provided in division (B) of this section, if a	94024
state agency or political subdivision administers one or more	94025
components of the medicaid program that the United States	94026
department of health and human services approved on or after	94027
January 1, 2002, or administers one or more aspects of such a	94028
component, the department of ~~job and family services~~medicaid	94029
shall retain or collect not less than three and not more than ten	94030
per cent of the federal financial participation the state agency	94031
or political subdivision obtains through an approved,	94032
administrative claim regarding the component or aspect of the	94033
component. The percentage the department retains or collects shall	94034
be specified in a contract the department enters into with the	94035
state agency or political subdivision under section ~~5111.91~~	94036
5162.35 of the Revised Code.	94037

(B) ~~The department of job and family services may retain or~~	94038
~~collect a percentage of federal financial participation under~~	94039
~~divisions (A)(1) and (2) of this section only to the extent~~	94040
~~permitted by federal statutes and regulations.~~	94041

~~(C)~~ All amounts the department retains or collects under this	94042
section shall be deposited into the health care services	94043
administration fund created under section ~~5111.94~~5162.54 of the	94044
Revised Code.	94045

~~Sec. 5111.93.~~ Sec. 5162.41. The department of ~~job and family~~	94046
~~services~~medicaid may retain or collect a percentage of the	94047
federal financial participation included in a supplemental	94048
medicaid payment to one or more medicaid providers owned or	94049
operated by a state agency or political subdivision that brings	94050
the payment to such provider or providers to the upper payment	94051
limit established by 42 C.F.R. 447.272. If the department retains	94052
or collects a percentage of that federal financial participation,	94053
the ~~department~~medicaid director shall adopt a rule under ~~Chapter~~	94054
~~119.~~section 5162.02 of the Revised Code specifying the percentage	94055
the department is to retain or collect. All amounts the department	94056
retains or collects under this section shall be deposited into the	94057
health care services administration fund created under section	94058
~~5111.94~~5162.54 of the Revised Code.	94059

~~Sec. 5111.943.~~ Sec. 5162.50. (A) The health care - federal fund is	94060
hereby created in the state treasury. All of the following shall	94061
be credited to the fund:	94062

(1) Funds that division (B) of section ~~5112.18~~5168.11 of the	94063
Revised Code requires be credited to the fund;	94064

(2) The federal share of all rebates paid by drug	94065
manufacturers to the department of ~~job and family services~~	94066
medicaid in accordance with a rebate agreement required by the	94067
"Social Security Act," section 1927, 42 U.S.C. 1396r-8;	94068

(3) The federal share of all supplemental rebates paid by	94069
drug manufacturers to the department of ~~job and family services~~	94070
medicaid in accordance with the supplemental drug rebate program	94071
established under section ~~5111.081~~5164.755 of the Revised Code;	94072

(4) Except as otherwise provided by statute or as authorized	94073
by the controlling board, the federal share of all other	94074
medicaid-related revenues, collections, and recoveries.	94075

(B) All money credited to the health care - federal fund	94076
pursuant to division (B) of section ~~5112.18~~5168.11 of the Revised	94077
Code shall be used solely for distributing funds to hospitals	94078
under section ~~5112.08~~5168.09 of the Revised Code. The department	94079
of ~~job and family services~~medicaid shall use all other money	94080
credited to the fund to pay for other medicaid services and	94081
contracts.	94082

~~Sec. 5111.941.~~ Sec. 5162.52. (A) The health care/medicaid support	94083
and recoveries fund is hereby created in the state treasury. All	94084
of the following shall be credited to the fund:	94085

(1) Except as otherwise provided by statute or as authorized	94086
by the controlling board, the nonfederal share of all	94087
medicaid-related revenues, collections, and recoveries;	94088

(2) Federal reimbursement received for payment adjustments	94089
made pursuant to ~~section 1923 of~~ the "Social Security Act," ~~101~~	94090
~~Stat. 1330-148 (1987)~~section 1923, 42 U.S.C. 1396r-4, ~~as amended,~~	94091
under the medicaid program to state mental health hospitals	94092
maintained and operated by the department of ~~mental health~~mental	94093
health and addiction services under division (A) of section	94094
~~5119.02~~5119.14 of the Revised Code;	94095

(3) Revenues the department of ~~job and family services~~	94096
medicaid receives from another state agency for medicaid services	94097
pursuant to an interagency agreement, other than such revenues	94098
required to be deposited into the health care services	94099
administration fund created under section ~~5111.94~~5162.54 of the	94100
Revised Code;	94101

(4) The first seven hundred fifty thousand dollars the	94102
department receives in a fiscal year for performing eligibility	94103
verification services necessary for compliance with the	94104
independent, certified audit requirement of 42 C.F.R. 455.304;	94105

(5) The nonfederal share of all rebates paid by drug	94106
manufacturers to the department of medicaid in accordance with a	94107
rebate agreement required by the "Social Security Act," section	94108
1927, 42 U.S.C. 1396r-8;	94109

(6) The nonfederal share of all supplemental rebates paid by	94110
drug manufacturers to the department of medicaid in accordance	94111
with the supplemental drug rebate program established under	94112
section 5164.755 of the Revised Code.	94113

(B) The department of ~~job and family services~~medicaid shall	94114
use money credited to the health care/medicaid support and	94115
recoveries fund to pay for medicaid services and contracts.	94116

~~Sec. 5111.94.~~ Sec. 5162.54. (A) ~~As used in this section, "vendor~~	94117
~~offset" means a reduction of a medicaid payment to a medicaid~~	94118
~~provider to correct a previous, incorrect medicaid payment to that~~	94119
~~provider.~~	94120

~~(B)~~ There is hereby created in the state treasury the health	94121
care services administration fund. Except as provided in division	94122
(C) of this section, all the following shall be deposited into the	94123
fund:	94124

(1) Amounts deposited into the fund pursuant to sections	94125
~~5111.92~~5162.12, 5162.40, and ~~5111.93~~5162.41 of the Revised Code;	94126

(2) The amount of the state share of all money the department	94127
of ~~job and family services, in fiscal year 2003 and each fiscal~~	94128
~~year thereafter,~~medicaid recovers each fiscal year pursuant to a	94129
tort action under the department's right of recovery under section	94130
~~5101.58~~5160.37 of the Revised Code that exceeds the state share	94131
of all money the department, in fiscal year 2002, recovers	94132
pursuant to a tort action under that right of recovery;	94133

(3) Subject to division ~~(D)~~(B) of this section, the amount of	94134
the state share of all money the department of ~~job and family~~	94135
~~services~~medicaid, in fiscal year 2003 and each fiscal year	94136
thereafter, recovers through audits of medicaid providers that	94137
exceeds the state share of all money the department, in fiscal	94138
year 2002, recovers through such audits;	94139

(4) Amounts from assessments on hospitals under section	94140
~~5112.06~~5168.06 of the Revised Code and intergovernmental	94141
transfers by governmental hospitals under section ~~5112.07~~5168.07	94142
of the Revised Code that are deposited into the fund in accordance	94143
with the law;	94144

(5) Amounts that the department of education pays to the	94145
department of ~~job and family services~~medicaid, if any, pursuant	94146
to an interagency agreement ~~entered into under~~authorized by	94147
section ~~5111.713~~5162.363 of the Revised Code;	94148

(6) The application fees charged to providers under section	94149
~~5111.063~~5164.31 of the Revised Code;	94150

(7) The fines collected under section ~~5111.271~~5165.1010 of	94151
the Revised Code;	94152

(8) Money the department receives in a fiscal year for	94153
performing eligibility verification services necessary for	94154
compliance with the independent, certified audit requirement of 42	94155
C.F.R. 455.304, other than the amounts of such money that are to	94156
be credited to the health care/medicaid support and recoveries	94157
fund under section 5162.52 of the Revised Code.	94158

~~(C) No funds shall be deposited into the health care services~~	94159
~~administration fund in violation of federal statutes or~~	94160
~~regulations.~~	94161

~~(D)~~(B) In determining under division ~~(B)~~(A)(3) of this	94162
section the amount of money the department, in a fiscal year,	94163
recovers through audits of medicaid providers, the amount	94164
recovered in the form of vendor offset shall be excluded.	94165

~~(E)~~(C) The ~~director~~department of ~~job and family services~~	94166
medicaid shall use funds available in the health care services	94167
administration fund to pay for costs associated with the	94168
administration of the medicaid program.	94169

~~Sec. 5111.945.~~ Sec. 5162.56. There is created in the state treasury	94170
the health care special activities fund. The department of ~~job and~~	94171
~~family services~~medicaid shall deposit all funds it receives	94172
pursuant to the administration of the medicaid program into the	94173
fund, other than any such funds that are required by law to be	94174
deposited into another fund. The department shall use the money in	94175
the fund to pay for expenses related to the services provided	94176
under, and the administration of, the medicaid program.	94177

~~Sec. 5111.944.~~ Sec. 5162.58. ~~(A) As used in this section:~~

94178

~~"Dual eligible individual" has the same meaning as in section~~	94179
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	94180
~~42 U.S.C. 1396n(h)(2)(B).~~	94181

~~"Dual eligible integrated care demonstration project" means~~	94182
~~the demonstration project authorized by section 5111.981 of the~~	94183
~~Revised Code.~~	94184

~~"Medicare program" means the program created under Title~~	94185
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	94186
~~1395, as amended.~~	94187

~~(B)~~ There is created in the state treasury the integrated	94188
care delivery systems fund. If the terms of the federal approval	94189
for the dual eligible integrated care demonstration project	94190
authorized by section 5164.91 of the Revised Code provide for the	94191
state to receive a portion of the amounts that the demonstration	94192
project saves the medicare program, such amounts shall be	94193
deposited into the fund. The department of ~~job and family services~~	94194
medicaid shall use the money in the fund to further develop	94195
integrated delivery systems and improved care coordination for	94196
dual eligible individuals.	94197

Sec. 5162.60. (A) There is hereby created in the state	94198
treasury the managed care performance payment fund. The fund shall	94199
consist of all of the following:	94200

(1) Amounts transferred to it by the director of budget and	94201
management for the purpose of the managed care performance payment	94202
program established under section 5167.30 of the Revised Code;	94203

(2) All fines imposed on and collected from medicaid managed	94204
care organizations for failure to meet performance standards or	94205
other requirements specified in provider agreements or rules	94206
adopted under section 5167.02 of the Revised Code;	94207

(3) All investment earnings of the fund.

94208

(B) Amounts in the fund may be used for the following:

94209

(1) To make performance payments to medicaid managed care	94210
organizations in accordance with section 5167.30 of the Revised	94211
Code;	94212

(2) To meet obligations specified in the provider agreements;

94213

(3) To pay for medicaid services provided by a medicaid	94214
managed care organization;	94215

(4) To reimburse a medicaid managed care organization that	94216
has paid a fine for failure to meet performance standards or other	94217
requirements specified in provider agreements or rules adopted	94218
under section 5167.02 of the Revised Code if that organization	94219
comes into compliance with those standards or requirements.	94220

Sec. 5162.62. There is hereby created in the state treasury	94221
the medicaid administrative reimbursement fund. The department of	94222
medicaid shall use money in the fund to pay for the nonfederal	94223
share of the cost of a fiscal audit for which a state agency or	94224
political subdivision is required by section 5162.35 of the	94225
Revised Code to reimburse the department. The department shall	94226
deposit the reimbursements into the fund.	94227

~~Sec. 5111.714.~~ Sec. 5162.64. (A) There is hereby created in the	94228
state treasury the medicaid school program administrative fund.	94229

(B) Both of the following shall be deposited into the	94230
medicaid school program administrative fund:	94231

(1) The federal funds the department of education receives	94232
for the expenses the department incurs in administering the	94233
medicaid school component of the medicaid program created under	94234
section 5162.36 of the Revised Code;	94235

(2) The money the department collects from qualified medicaid	94236
school providers in the process established in rules ~~adopted under~~	94237
authorized by section ~~5111.713~~5162.363 of the Revised Code.	94238

(C) ~~No funds shall be deposited into the medicaid school~~	94239
~~program administrative fund in violation of federal statutes or~~	94240
~~regulations.~~	94241

~~(D)~~ The department of education shall use money in the	94242
medicaid school program administrative fund for both of the	94243
following purposes:	94244

(1) Paying for the expenses the department incurs in	94245
administering the medicaid school component of the medicaid	94246
program;	94247

(2) Paying a qualified medicaid school provider a refund for	94248
any overpayment the provider makes to the department under the	94249
process established in rules ~~adopted under~~authorized by section	94250
~~5111.713~~5162.363 of the Revised Code if the process results in an	94251
overpayment.	94252

~~Sec. 5111.62.~~ Sec. 5162.66. ~~The~~As used in this section,	94253
"deficiency" has the same meaning as in section 5165.60 of the	94254
Revised Code.	94255

The proceeds of all fines, including interest, collected	94256
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	94257
Code shall be deposited in the state treasury to the credit of the	94258
residents protection fund, which is hereby created. The proceeds	94259
of all fines, including interest, collected under section 173.42	94260
of the Revised Code shall be deposited in the state treasury to	94261
the credit of the residents protection fund.	94262

Money in the fund shall be used for the protection of the	94263
health or property of residents of nursing facilities in which the	94264
department of health finds deficiencies, including payment for the	94265
costs of relocation of residents to other facilities, maintenance	94266
of operation of a facility pending correction of deficiencies or	94267
closure, and reimbursement of residents for the loss of money	94268
managed by the facility under section 3721.15 of the Revised Code.	94269
Money in the fund may also be used to make payments under section	94270
~~5111.511~~5165.78 of the Revised Code.	94271

The fund shall be maintained and administered by the	94272
department of ~~job and family services~~medicaid under rules	94273
developed in consultation with the departments of health and aging	94274
and adopted ~~by the director of job and family services~~ under	94275
~~Chapter 119.~~section 5162.02 of the Revised Code. The rules shall	94276
be adopted in accordance with Chapter 119. of the Revised Code.	94277

Sec. 5163.01. As used in this chapter:

94278

"Federal financial participation" has the same meaning as in	94279
section 5160.01 of the Revised Code.	94280

"Healthy start component" has the same meaning as in section	94281
5162.01 of the Revised Code.	94282

"Intermediate care facility for the mentally retarded" and	94283
"ICF/MR" have the same meanings as in section 5124.01 of the	94284
Revised Code.	94285

"Mandatory eligibility groups" means the groups of	94286
individuals that must be covered by the medicaid state plan as a	94287
condition of the state receiving federal financial participation	94288
for the medicaid program.	94289

"Medicaid services" has the same meaning as in section	94290
5164.01 of the Revised Code.	94291

"Medicaid waiver component" has the same meaning as in	94292
section 5166.01 of the Revised Code.	94293

"Nursing facility" and "nursing facility services" have the	94294
same meanings as in section 5165.01 of the Revised Code.	94295

"Optional eligibility groups" means the groups of individuals	94296
who may be covered by the medicaid state plan or a federal	94297
medicaid waiver and for whom the medicaid program receives federal	94298
financial participation.	94299

"Other medicaid-funded long-term care services" has the	94300
meaning specified in rules adopted under section 5163.02 of the	94301
Revised Code.	94302

"Supplemental security income program" means the program	94303
established by Title XVI of the "Social Security Act," 42 U.S.C.	94304
1381 et seq.	94305

~~Sec. 5111.011.~~ Sec. 5163.02. ~~(A)~~ The medicaid director ~~of job and~~	94306
~~family services~~ shall adopt rules ~~establishing~~as necessary to	94307
implement this chapter. The rules shall establish eligibility	94308
requirements for the medicaid program. The rules may establish	94309
requirements for applying for medicaid and determining and	94310
verifying eligibility for medicaid. The rules shall be adopted	94311
~~pursuant to~~in accordance with section 111.15 of the Revised Code	94312
~~and shall be consistent with federal and state law~~. ~~The rules~~	94313
~~shall include rules that do all of the following:~~	94314

(~~1) Establish standards consistent with federal law for~~	94315
~~allocating income and resources as income and resources of the~~	94316
~~spouse, children, parents, or stepparents of a recipient of or~~	94317
~~applicant for medicaid;~~	94318

~~(2) Define the term "resources" as used in division (A)(1) of~~	94319
~~this section;~~	94320

~~(3) Specify the number of months that is to be used for the~~	94321
~~purpose of the term "look-back date" used in section 5111.0116 of~~	94322
~~the Revised Code;~~	94323

~~(4) Establish processes to be used to determine both of the~~	94324
~~following:~~	94325

~~(a) The date an institutionalized individual's ineligibility~~	94326
~~for services under section 5111.0116 of the Revised Code is to~~	94327
~~begin;~~	94328

~~(b) The number of months an institutionalized individual's~~	94329
~~ineligibility for such services is to continue.~~	94330

~~(5) For the purpose of division (C) of section 5111.0116 of~~	94331
~~the Revised Code, establish procedures for granting waivers of all~~	94332
~~or a portion of the period of ineligibility that an~~	94333
~~institutionalized individual would otherwise be subject to under~~	94334
~~that section and additional reasons for which such waivers may be~~	94335
~~granted;~~	94336

~~(6) Define the term "other medicaid-funded long-term care~~	94337
~~services" as used in sections 5111.0117 and 5111.0118 of the~~	94338
~~Revised Code;~~	94339

~~(7) For the purpose of division (C)(2)(c) of section~~	94340
~~5111.0117 of the Revised Code, establish the process to determine~~	94341
~~whether the child of an aged, blind, or disabled individual is~~	94342
~~financially dependent on the individual for housing.~~	94343

~~(B)~~ Notwithstanding any provision of state law, including	94344
statutes, administrative rules, common law, and court rules,	94345
regarding real or personal property or domestic relations, the	94346
standards established under rules adopted under ~~division (A)(1) of~~	94347
this section shall be used to determine eligibility for medicaid.	94348

Sec. 5163.03. (A) Subject to sections 5163.04 and 5163.05 of	94349
the Revised Code, the medicaid program shall cover all mandatory	94350
eligibility groups.	94351

(B) The medicaid program shall cover all of the optional	94352
eligibility groups that state statutes require the medicaid	94353
program to cover.	94354

(C) The medicaid program may cover any of the optional	94355
eligibility groups to which either of the following applies:	94356

(1) State statutes expressly permit the medicaid program to	94357
cover the optional eligibility group.	94358

(2) State statutes do not address whether the medicaid	94359
program may cover the optional eligibility group.	94360

(D) The medicaid program shall not cover any eligibility	94361
group that state statutes prohibit the medicaid program from	94362
covering.	94363

Sec. 5163.04. The medicaid program shall not cover the group	94364
described in the "Social Security Act," section	94365
1902(a)(10)(A)(i)(VIII), 42 U.S.C. 1396a(a)(10)(A)(i)(VIII).	94366

This section does not affect the medicaid eligibility of any	94367
individual who enrolls in the metrohealth care plus medicaid	94368
waiver component on or after February 5, 2013.	94369

Sec. 5163.05. The medicaid program's eligibility	94370
requirements for aged, blind, and disabled individuals may be more	94371
restrictive than the eligibility requirements for the supplemental	94372
security income program. Any such more restrictive eligibility	94373
requirements shall be consistent with the 209(b) option described	94374
in the "Social Security Act," section 1902(f), 42 U.S.C. 1396a(f).	94375

Sec. 5163.06. Beginning January 1, 2014, the medicaid	94376
director may alter the eligibility requirements for, and terminate	94377
the medicaid program's coverage of, one or more optional	94378
eligibility groups or subgroups, including the following:	94379

(A) Children placed with adoptive parents who may be covered	94380
by medicaid pursuant to the "Social Security Act," section	94381
1902(a)(10)(A)(ii)(VIII), 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII);	94382

(B) Low income women and children who may be covered by	94383
medicaid pursuant to the "Social Security Act," section	94384
1902(a)(10)(A)(ii)(IX), 42 U.S.C. 1396a(a)(10)(A)(ii)(IX);	94385

(C) Employed individuals with disabilities who may be covered	94386
by medicaid pursuant to the "Social Security Act," section	94387
1902(a)(10)(A)(ii)(XV), 42 U.S.C. 1396a(a)(10)(A)(ii)(XV);	94388

(D) Employed individuals with medically improved disabilities	94389
who may be covered by medicaid pursuant to the "Social Security	94390
Act," section 1902(a)(10)(A)(ii)(XVI), 42 U.S.C.	94391
1396a(a)(10)(A)(ii)(XVI);	94392

(E) Independent foster care adolescents who may be covered by	94393
medicaid pursuant to the "Social Security Act," section	94394
1902(a)(10)(A)(ii)(XVII), 42 U.S.C. 1396a(a)(10)(A)(ii)(XVII);	94395

(F) Pregnant women who may be determined presumptively	94396
eligible for medicaid pursuant to the "Social Security Act,"	94397
section 1920, 42 U.S.C. 1396r-1;	94398

(G) Children who may be determined presumptively eligible for	94399
medicaid pursuant to the "Social Security Act," section 1920A, 42	94400
U.S.C. 1396r-1a.	94401

Sec. 5163.061. If the medicaid director alters the	94402
eligibility requirements for, or terminates the medicaid program's	94403
coverage of, an optional eligibility group or subgroup pursuant to	94404
section 5163.06 of the Revised Code, all of the following apply:	94405

(A) In the case of an optional eligibility group or subgroup	94406
for which the eligibility requirements are altered:	94407

(1) No individual enrolled, before the effective date of the	94408
altered eligibility requirements, in medicaid as part of the group	94409
or subgroup shall remain enrolled in medicaid on and after that	94410
effective date unless the individual meets the altered eligibility	94411
requirements for the group or subgroup or meets the eligibility	94412
requirements for another eligibility group or subgroup.	94413

(2) Beginning on the effective date of the altered	94414
eligibility requirements, no individual may enroll in medicaid as	94415
part of the group or subgroup unless the individual meets the	94416
altered eligibility requirements for the group or subgroup or	94417
meets the eligibility requirements for another eligibility group	94418
or subgroup.	94419

(B) In the case of an optional eligibility group or subgroup	94420
whose medicaid coverage is terminated:	94421

(1) No individual enrolled, before the effective date of the	94422
termination, in medicaid as part of the group or subgroup shall	94423
remain enrolled in medicaid on and after that effective date	94424
unless the individual meets the eligibility requirements for	94425
another eligibility group or subgroup.	94426

(2) Beginning on the effective date of the termination, no	94427
individual may enroll in medicaid as part of the group or subgroup	94428
but may enroll in medicaid as part of another group or subgroup	94429
for which the individual meets the eligibility requirements.	94430

(C) The department of medicaid shall take actions as the	94431
department determines necessary, including requiring actions from	94432
county departments of job and family services, to do both of the	94433
following:	94434

(1) Inform medicaid recipients about the altered eligibility	94435
requirements or termination of the medicaid program's coverage of	94436
the group or subgroup;	94437

(2) In the case of medicaid recipients who will cease to be	94438
eligible for medicaid as part of the group or subgroup because of	94439
the altered eligibility requirements or termination of the group's	94440
or subgroup's coverage, offer to assist the recipients with the	94441
following:	94442

(a) To continue to be enrolled in medicaid as part of another	94443
eligibility group or subgroup for which they meet the eligibility	94444
requirements;	94445

(b) Transition to other health coverage options available to	94446
them.	94447

(D) Regarding appeals authorized by section 5160.31 of the	94448
Revised Code:	94449

(1) No individual may appeal a denial of medicaid eligibility	94450
as part of a group or subgroup whose medicaid coverage is	94451
terminated if the denial is for medicaid eligibility that would	94452
begin or continue on or after the effective date of the	94453
termination.	94454

(2) An individual may initiate or continue, on or after the	94455
effective date of the termination, an appeal concerning the	94456
individual's eligibility for medicaid as part of the group or	94457
subgroup if the decision being appealed concerns the individual's	94458
eligibility for medicaid as part of the group or subgroup before	94459
the effective date of the termination.	94460

(3) An appeal initiated or continued pursuant to division	94461
(D)(2) of this section may not result in the appellant being	94462
enrolled, or continuing to be enrolled, in medicaid as part of the	94463
group or subgroup on or after the effective date of the	94464
termination.	94465

(E) The altered eligibility requirements or termination of	94466
the medicaid program's coverage of the group or subgroup has no	94467
effect on either of the following:	94468

(1) An automatic right of recovery given under section	94469
5160.37 of the Revised Code;	94470

(2) An automatic assignment of rights under section 5160.38	94471
of the Revised Code.	94472

(F) All rules, standards, guidelines, or orders regarding the	94473
group or subgroup issued by the medicaid director before the	94474
effective date of the altered eligibility requirements or	94475
termination of the medicaid program's coverage of the group or	94476
subgroup shall be used for the purpose of determining the state's	94477
legal obligations for claims related to the group or subgroup that	94478
arise from any of the following:	94479

(1) Eligibility determinations regarding enrollment in	94480
medicaid before that effective date;	94481

(2) Claims for payment for medicaid services provided before	94482
that effective date;	94483

(3) Recoveries of erroneous medicaid payments.

94484

Sec. 5163.07. (A) As used in this section, "actual income"	94485
means the amount of an individual's income before any disregarded	94486
amounts or other deductions are applied pursuant to an income	94487
eligibility methodology.	94488

(B) In transitioning to the use of modified adjusted gross	94489
income and household income methodologies to determine an	94490
individual's income eligibility for the medicaid program pursuant	94491
to the "Social Security Act," section 1902(e)(14), 42 U.S.C.	94492
1396a(e)(14), and except as provided in division (C) of this	94493
section, the medicaid director shall provide for both of the	94494
following to qualify for the medicaid program:	94495

(1) All individuals who would qualify for medicaid pursuant	94496
to former section 5111.0110 or 5111.0120 of the Revised Code using	94497
the applicable income eligibility methodology in effect on the day	94498
immediately preceding the effective date of this section;	94499

(2) All individuals who would qualify for medicaid pursuant	94500
to the optional eligibility group specified in the "Social	94501
Security Act," section 1902(a)(a)(10)(A)(ii)(XXI), 42 U.S.C.	94502
1396a(a)(10)(A)(ii)(XXI), using the applicable income eligibility	94503
methodology in effect on the day immediately preceding the	94504
effective date of this section.	94505

(C) An individual whose actual income exceeds one hundred	94506
thirty-eight per cent of the federal poverty line may not qualify	94507
for medicaid pursuant to division (B) of this section.	94508

Sec. 5163.08. The medicaid director shall implement the	94509
option authorized by the "Social Security Act," section	94510
1925(a)(5), 42 U.S.C. 1396r-6(a)(5), regarding the single	94511
twelve-month eligibility period for transitional medicaid.	94512

~~Sec. 5111.15.~~ Sec. 5163.20. If a medicaid recipient ~~of medical~~	94513
~~assistance~~ is the beneficiary of a trust created pursuant to	94514
section 5815.28 of the Revised Code, then, notwithstanding any	94515
contrary provision of this chapter or of a rule adopted ~~pursuant~~	94516
~~to this chapter~~under section 5163.02 of the Revised Code,	94517
divisions (C) and (D) of that section shall apply in determining	94518
the assets or resources of the recipient, the recipient's estate,	94519
the settlor, or the settlor's estate and to claims arising under	94520
this chapter against the recipient, the recipient's estate, the	94521
settlor, or the settlor's estate.	94522

~~Sec. 5111.151.~~ Sec. 5163.21. (A)(1) This section applies only to	94523
either of the following:	94524

(a) Initial eligibility determinations for the medicaid	94525
program ~~made by the department of job and family services pursuant~~	94526
~~to section 5101.47 of the Revised Code or by a county department~~	94527
~~of job and family services pursuant to section 5111.012 of the~~	94528
~~Revised Code~~;	94529

(b) An appeal from aan initial eligibility determination	94530
~~described in division (A)(1)(a) of this section~~ pursuant to	94531
section ~~5101.35~~5160.31 of the Revised Code.	94532

(2)(a) Except as provided in division (A)(2)(b) of this	94533
section, this section shall not be used by a court to determine	94534
the effect of a trust on an individual's initial eligibility for	94535
the medicaid program.	94536

(b) The prohibition in division (A)(2)(a) of this section	94537
does not apply to an appeal described in division (A)(1)(b) of	94538
this section.	94539

(B) As used in this section:

94540

(1) "Trust" means any arrangement in which a grantor	94541
transfers real or personal property to a trust with the intention	94542
that it be held, managed, or administered by at least one trustee	94543
for the benefit of the grantor or beneficiaries. "Trust" includes	94544
any legal instrument or device similar to a trust.	94545

(2) "Legal instrument or device similar to a trust" includes,	94546
but is not limited to, escrow accounts, investment accounts,	94547
partnerships, contracts, and other similar arrangements that are	94548
not called trusts under state law but are similar to a trust and	94549
to which all of the following apply:	94550

(a) The property in the trust is held, managed, retained, or	94551
administered by a trustee.	94552

(b) The trustee has an equitable, legal, or fiduciary duty to	94553
hold, manage, retain, or administer the property for the benefit	94554
of the beneficiary.	94555

(c) The trustee holds identifiable property for the	94556
beneficiary.	94557

(3) "Grantor" is a person who creates a trust, including all	94558
of the following:	94559

(a) An individual;

94560

(b) An individual's spouse;

94561

(c) A person, including a court or administrative body, with	94562
legal authority to act in place of or on behalf of an individual	94563
or an individual's spouse;	94564

(d) A person, including a court or administrative body, that	94565
acts at the direction or on request of an individual or the	94566
individual's spouse.	94567

(4) "Beneficiary" is a person or persons, including a	94568
grantor, who benefits in some way from a trust.	94569

(5) "Trustee" is a person who manages a trust's principal and	94570
income for the benefit of the beneficiaries.	94571

(6) "Person" has the same meaning as in section 1.59 of the	94572
Revised Code and includes an individual, corporation, business	94573
trust, estate, trust, partnership, and association.	94574

(7) "Applicant" is an individual who applies for medicaid or	94575
the individual's spouse.	94576

(8) "Recipient" is an individual who receives medicaid or the	94577
individual's spouse.	94578

(9) "Revocable trust" is a trust that can be revoked by the	94579
grantor or the beneficiary, including all of the following, even	94580
if the terms of the trust state that it is irrevocable:	94581

(a) A trust that provides that the trust can be terminated	94582
only by a court;	94583

(b) A trust that terminates on the happening of an event, but	94584
only if the event occurs at the direction or control of the	94585
grantor, beneficiary, or trustee.	94586

(10) "Irrevocable trust" is a trust that cannot be revoked by	94587
the grantor or terminated by a court and that terminates only on	94588
the occurrence of an event outside of the control or direction of	94589
the beneficiary or grantor.	94590

(11) "Payment" is any disbursal from the principal or income	94591
of the trust, including actual cash, noncash or property	94592
disbursements, or the right to use and occupy real property.	94593

(12) "Payments to or for the benefit of the applicant or	94594
recipient" is a payment to any person resulting in a direct or	94595
indirect benefit to the applicant or recipient.	94596

(13) "Testamentary trust" is a trust that is established by a	94597
will and does not take effect until after the death of the person	94598
who created the trust.	94599

(C)(1) If an applicant or recipient is a beneficiary of a	94600
trust, the applicant or recipient shall submit a complete copy of	94601
the trust instrument to the county department of job and family	94602
services and the department of medicaid. A copy shall be	94603
considered complete if it contains all pages of the trust	94604
instrument and all schedules, attachments, and accounting	94605
statements referenced in or associated with the trust. The copy is	94606
confidential and is not subject to disclosure under section 149.43	94607
of the Revised Code.	94608

(2) On receipt of a copy of a trust instrument or otherwise	94609
determining that an applicant or recipient is a beneficiary of a	94610
trust, the county department of job and family services shall	94611
determine what type of trust it is and shall treat the trust in	94612
accordance with the appropriate provisions of this section and	94613
rules adopted ~~by the department of job and family services~~under	94614
section 5163.02 of the Revised Code governing trusts. The county	94615
department of job and family services may determine that any of	94616
the following is the case regarding the trust or portion of the	94617
trust:	94618

(a) IsIt is a resource available to the applicant or	94619
recipient;	94620

(b) ~~Contains~~It contains income available to the applicant or	94621
recipient;	94622

(c) ~~Constitutes both items described in divisions~~Divisions	94623
(C)~~(1)~~(2)(a) and (b) of this section are both applicable;	94624

(d) ~~Is neither an item described in~~Neither division	94625
(C)~~(1)~~(2)(a) nor ~~(C)(1)~~(b) of this section is applicable.	94626

~~(2)~~(3) Except as provided in division (F) of this section, a	94627
trust or portion of a trust that is a resource available to the	94628
applicant or recipient or contains income available to the	94629
applicant or recipient shall be counted for purposes of	94630
determining medicaid eligibility.	94631

(D)(1) A trust or legal instrument or device similar to a	94632
trust shall be considered a medicaid qualifying trust if all of	94633
the following apply:	94634

(a) The trust was established on or prior to August 10, 1993.

94635

(b) The trust was not established by a will.

94636

94637

(d) The applicant or recipient is or may become the	94638
beneficiary of all or part of the trust.	94639

(e) Payment from the trust is determined by one or more	94640
trustees who are permitted to exercise any discretion with respect	94641
to the distribution to the applicant or recipient.	94642

(2) If a trust meets the requirement of division (D)(1) of	94643
this section, the amount of the trust that is considered by the	94644
county department of job and family services to be a resource	94645
available to the applicant or recipient shall be the maximum	94646
amount of payments permitted under the terms of the trust to be	94647
distributed to the applicant or recipient, assuming the full	94648
exercise of discretion by the trustee or trustees. The maximum	94649
amount shall include only amounts that are permitted to be	94650
distributed but are not distributed from either the income or	94651
principal of the trust.	94652

(3) Amounts that are actually distributed from a medicaid	94653
qualifying trust to a beneficiary for any purpose shall be treated	94654
in accordance with rules adopted ~~by the department of job and~~	94655
~~family services~~under section 5163.02 of the Revised Code	94656
governing income.	94657

(4) Availability of a medicaid qualifying trust shall be	94658
considered without regard to any of the following:	94659

(a) Whether or not the trust is irrevocable or was	94660
established for purposes other than to enable a grantor to qualify	94661
for medicaid~~, medical assistance for covered families and~~	94662
~~children, or as a qualified medicare beneficiary, specified~~	94663
~~low-income medicare beneficiary, qualifying individual-1, or~~	94664
~~qualifying individual-2~~;	94665

(b) Whether or not the trustee actually exercises discretion.

94666

(5) If any real or personal property is transferred to a	94667
medicaid qualifying trust that is not distributable to the	94668
applicant or recipient, the transfer shall be considered an	94669
improper disposition of assets and shall be subject to section	94670
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	94671
section adopted under section ~~5111.011~~5163.02 of the Revised	94672
Code.	94673

(6) The baseline date for the look-back period for	94674
disposition of assets involving a medicaid qualifying trust shall	94675
be the date on which the applicant or recipient is both	94676
institutionalized and first applies for medicaid.	94677

(E)(1) A trust or legal instrument or device similar to a	94678
trust shall be considered a self-settled trust if all of the	94679
following apply:	94680

(a) The trust was established on or after August 11, 1993.

94681

(b) The trust was not established by a will.

94682

(c) The trust was established by an applicant or recipient,	94683
spouse of an applicant or recipient, or a person, including a	94684
court or administrative body, with legal authority to act in place	94685
of or on behalf of an applicant, recipient, or spouse, or acting	94686
at the direction or on request of an applicant, recipient, or	94687
spouse.	94688

(2) A trust that meets the requirements of division (E)(1) of	94689
this section and is a revocable trust shall be treated by the	94690
county department of job and family services as follows:	94691

(a) The corpus of the trust shall be considered a resource	94692
available to the applicant or recipient.	94693

(b) Payments from the trust to or for the benefit of the	94694
applicant or recipient shall be considered unearned income of the	94695
applicant or recipient.	94696

(c) Any other payments from the trust shall be considered an	94697
improper disposition of assets and shall be subject to section	94698
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	94699
section adopted under section ~~5111.011~~5163.02 of the Revised	94700
Code.	94701

(3) A trust that meets the requirements of division (E)(1) of	94702
this section and is an irrevocable trust shall be treated by the	94703
county department of job and family services as follows:	94704

(a) If there are any circumstances under which payment from	94705
the trust could be made to or for the benefit of the applicant or	94706
recipient, including a payment that can be made only in the	94707
future, the portion from which payments could be made shall be	94708
considered a resource available to the applicant or recipient. The	94709
county department of job and family services shall not take into	94710
account when payments can be made.	94711

(b) Any payment that is actually made to or for the benefit	94712
of the applicant or recipient from either the corpus or income	94713
shall be considered unearned income.	94714

(c) If a payment is made to someone other than to the	94715
applicant or recipient and the payment is not for the benefit of	94716
the applicant or recipient, the payment shall be considered an	94717
improper disposition of assets and shall be subject to section	94718
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	94719
section adopted under section ~~5111.011~~5163.02 of the Revised	94720
Code.	94721

(d) The date of the disposition shall be the later of the	94722
date of establishment of the trust or the date of the occurrence	94723
of the event.	94724

(e) When determining the value of the disposed asset under	94725
this provision, the value of the trust shall be its value on the	94726
date payment to the applicant or recipient was foreclosed.	94727

(f) Any income earned or other resources added subsequent to	94728
the foreclosure date shall be added to the total value of the	94729
trust.	94730

(g) Any payments to or for the benefit of the applicant or	94731
recipient after the foreclosure date but prior to the application	94732
date shall be subtracted from the total value. Any other payments	94733
shall not be subtracted from the value.	94734

(h) Any addition of assets after the foreclosure date shall	94735
be considered a separate disposition.	94736

(4) If a trust is funded with assets of another person or	94737
persons in addition to assets of the applicant or recipient, the	94738
applicable provisions of this section and rules adopted ~~by the~~	94739
~~department of job and family services~~under section 5163.02 of the	94740
Revised Code governing trusts shall apply only to the portion of	94741
the trust attributable to the applicant or recipient.	94742

(5) The availability of a self-settled trust shall be	94743
considered without regard to any of the following:	94744

(a) The purpose for which the trust is established;

94745

(b) Whether the trustees have exercised or may exercise	94746
discretion under the trust;	94747

(c) Any restrictions on when or whether distributions may be	94748
made from the trust;	94749

(d) Any restrictions on the use of distributions from the	94750
trust.	94751

(6) The baseline date for the look-back period for	94752
dispositions of assets involving a self-settled trust shall be the	94753
date on which the applicant or recipient is both institutionalized	94754
and first applies for medicaid.	94755

(F) The principal or income from any of the following shall	94756
not be a resource available to the applicant or recipient:	94757

(1)(a) A special needs trust that meets all of the following	94758
requirements:	94759

(i) The trust contains assets of an applicant or recipient	94760
under sixty-five years of age and may contain the assets of other	94761
individuals.	94762

(ii) The applicant or recipient is disabled as defined in	94763
rules adopted ~~by the department of job and family services~~under	94764
section 5163.02 of the Revised Code.	94765

(iii) The trust is established for the benefit of the	94766
applicant or recipient by a parent, grandparent, legal guardian,	94767
or a court.	94768

(iv) The trust requires that on the death of the applicant or	94769
recipient the state will receive all amounts remaining in the	94770
trust up to an amount equal to the total amount of medicaid ~~paid~~	94771
payments made on behalf of the applicant or recipient.	94772

(b) If a special needs trust meets the requirements of	94773
division (F)(1)(a) of this section and has been established for a	94774
disabled applicant or recipient under sixty-five years of age, the	94775
exemption for the trust granted pursuant to division (F) of this	94776
section shall continue after the disabled applicant or recipient	94777
becomes sixty-five years of age if the applicant or recipient	94778
continues to be disabled as defined in rules adopted ~~by the~~	94779
~~department of job and family services~~under section 5163.02 of the	94780
Revised Code. Except for income earned by the trust, the grantor	94781
shall not add to or otherwise augment the trust after the	94782
applicant or recipient attains sixty-five years of age. An	94783
addition or augmentation of the trust by the applicant or	94784
recipient with the applicant's own assets after the applicant or	94785
recipient attains sixty-five years of age shall be treated as an	94786
improper disposition of assets.	94787

(c) Cash distributions to the applicant or recipient shall be	94788
counted as unearned income. All other distributions from the trust	94789
shall be treated as provided in rules adopted ~~by the department of~~	94790
~~job and family services~~under section 5163.02 of the Revised Code	94791
governing in-kind income.	94792

(d) Transfers of assets to a special needs trust shall not be	94793
treated as an improper transfer of resources. An asset held prior	94794
to the transfer to the trust shall be considered as a resource	94795
available to the applicant or recipient, income available to the	94796
applicant or recipient, or both a resource and income available to	94797
the individual.	94798

(2)(a) A qualifying income trust that meets all of the	94799
following requirements:	94800

(i) The trust is composed only of pension, social security,	94801
and other income to the applicant or recipient, including	94802
accumulated interest in the trust.	94803

(ii) The income is received by the individual and the right	94804
to receive the income is not assigned or transferred to the trust.	94805

(iii) The trust requires that on the death of the applicant	94806
or recipient the state will receive all amounts remaining in the	94807
trust up to an amount equal to the total amount of medicaid ~~paid~~	94808
payments made on behalf of the applicant or recipient.	94809

(b) No resources shall be used to establish or augment the	94810
trust.	94811

(c) If an applicant or recipient has irrevocably transferred	94812
or assigned the applicant's or recipient's right to receive income	94813
to the trust, the trust shall not be considered a qualifying	94814
income trust by the county department of job and family services.	94815

(d) Income placed in a qualifying income trust shall not be	94816
counted in determining an applicant's or recipient's eligibility	94817
for medicaid. The recipient of the funds may place any income	94818
directly into a qualifying income trust without those funds	94819
adversely affecting the applicant's or recipient's eligibility for	94820
medicaid. Income generated by the trust that remains in the trust	94821
shall not be considered as income to the applicant or recipient.	94822

(e) All income placed in a qualifying income trust shall be	94823
combined with any income available to the individual that is not	94824
placed in the trust to arrive at a base income figure to be used	94825
for spend down calculations.	94826

(f) The base income figure shall be used for post-eligibility	94827
deductions, including personal needs allowance, monthly income	94828
allowance, family allowance, and medical expenses not subject to	94829
third party payment. Any income remaining shall be used toward	94830
payment of patient liability. Payments made from a qualifying	94831
income trust shall not be combined with the base income figure for	94832
post-eligibility calculations.	94833

(g) The base income figure shall be used when determining the	94834
spend down budget for the applicant or recipient. Any income	94835
remaining after allowable deductions are permitted as provided	94836
under rules adopted ~~by the department of job and family services~~	94837
under section 5163.02 of the Revised Code shall be considered the	94838
applicant's or recipient's spend down liability.	94839

(3)(a) A pooled trust that meets all of the following	94840
requirements:	94841

(i) The trust contains the assets of the applicant or	94842
recipient of any age who is disabled as defined in rules adopted	94843
~~by the department of job and family services~~under section 5163.02	94844
of the Revised Code.	94845

(ii) The trust is established and managed by a nonprofit	94846
organization.	94847

(iii) A separate account is maintained for each beneficiary	94848
of the trust but, for purposes of investment and management of	94849
funds, the trust pools the funds in these accounts.	94850

(iv) Accounts in the trust are established by the applicant	94851
or recipient, the applicant's or recipient's parent, grandparent,	94852
or legal guardian, or a court solely for the benefit of	94853
individuals who are disabled.	94854

(v) The trust requires that, to the extent that any amounts	94855
remaining in the beneficiary's account on the death of the	94856
beneficiary are not retained by the trust, the trust pay to the	94857
state the amounts remaining in the trust up to an amount equal to	94858
the total amount of medicaid ~~paid~~payments made on behalf of the	94859
beneficiary.	94860

(b) Cash distributions to the applicant or recipient shall be	94861
counted as unearned income. All other distributions from the trust	94862
shall be treated as provided in rules adopted ~~by the department of~~	94863
~~job and family services~~under section 5163.02 of the Revised Code	94864
governing in-kind income.	94865

(c) Transfers of assets to a pooled trust shall not be	94866
treated as an improper disposition of assets. An asset held prior	94867
to the transfer to the trust shall be considered as a resource	94868
available to the applicant or recipient, income available to the	94869
applicant or recipient, or both a resource and income available to	94870
the applicant or recipient.	94871

(4) A supplemental services trust that meets the requirements	94872
of section 5815.28 of the Revised Code and to which all of the	94873
following apply:	94874

(a) A person may establish a supplemental services trust	94875
pursuant to section 5815.28 of the Revised Code only for another	94876
person who is eligible to receive services through one of the	94877
following agencies:	94878

(i) The department of developmental disabilities;

94879

(ii) A county board of developmental disabilities;

94880

(iii) The department of ~~mental health~~mental health and	94881
addiction services;	94882

(iv) A board of alcohol, drug addiction, and mental health	94883
services.	94884

(b) A county department of job and family services shall not	94885
determine eligibility for another agency's program. An applicant	94886
or recipient shall do one of the following:	94887

(i) Provide documentation from one of the agencies listed in	94888
division (F)(4)(a) of this section that establishes that the	94889
applicant or recipient was determined to be eligible for services	94890
from the agency at the time of the creation of the trust;	94891

(ii) Provide an order from a court of competent jurisdiction	94892
that states that the applicant or recipient was eligible for	94893
services from one of the agencies listed in division (F)(4)(a) of	94894
this section at the time of the creation of the trust.	94895

(c) At the time the trust is created, the trust principal	94896
does not exceed the maximum amount permitted. The maximum amount	94897
permitted in calendar year 2006 is two hundred twenty-two thousand	94898
dollars. Each year thereafter, the maximum amount permitted is the	94899
prior year's amount plus two thousand dollars.	94900

(d) A county department of job and family services shall	94901
review the trust to determine whether it complies with the	94902
provisions of section 5815.28 of the Revised Code.	94903

(e) Payments from supplemental services trusts shall be	94904
exempt as long as the payments are for supplemental services as	94905
defined in rules adopted ~~by the department of job and family~~	94906
~~services~~under section 5163.02 of the Revised Code. All	94907
supplemental services shall be purchased by the trustee and shall	94908
not be purchased through direct cash payments to the beneficiary.	94909

(f) If a trust is represented as a supplemental services	94910
trust and a county department of job and family services	94911
determines that the trust does not meet the requirements provided	94912
in division (F)(4) of this section and section 5815.28 of the	94913
Revised Code, the county department of job and family services	94914
shall not consider it an exempt trust.	94915

(G)(1) A trust or legal instrument or device similar to a	94916
trust shall be considered a trust established by an individual for	94917
the benefit of the applicant or recipient if all of the following	94918
apply:	94919

(a) The trust is created by a person other than the applicant	94920
or recipient.	94921

(b) The trust names the applicant or recipient as a	94922
beneficiary.	94923

(c) The trust is funded with assets or property in which the	94924
applicant or recipient has never held an ownership interest prior	94925
to the establishment of the trust.	94926

(2) Any portion of a trust that meets the requirements of	94927
division (G)(1) of this section shall be a resource available to	94928
the applicant or recipient only if the trust permits the trustee	94929
to expend principal, corpus, or assets of the trust for the	94930
applicant's or recipient's medical care, care, comfort,	94931
maintenance, health, welfare, general well being, or any	94932
combination of these purposes.	94933

(3) A trust that meets the requirements of division (G)(1) of	94934
this section shall be considered a resource available to the	94935
applicant or recipient even if the trust contains any of the	94936
following types of provisions:	94937

(a) A provision that prohibits the trustee from making	94938
payments that would supplant or replace medicaid or other public	94939
assistance;	94940

(b) A provision that prohibits the trustee from making	94941
payments that would impact or have an effect on the applicant's or	94942
recipient's right, ability, or opportunity to receive medicaid or	94943
other public assistance;	94944

(c) A provision that attempts to prevent the trust or its	94945
corpus or principal from being a resource available to the	94946
applicant or recipient.	94947

(4) A trust that meets the requirements of division (G)(1) of	94948
this section shall not be counted as a resource available to the	94949
applicant or recipient if at least one of the following	94950
circumstances applies:	94951

(a) If a trust contains a clear statement requiring the	94952
trustee to preserve a portion of the trust for another beneficiary	94953
or remainderman, that portion of the trust shall not be counted as	94954
a resource available to the applicant or recipient. Terms of a	94955
trust that grant discretion to preserve a portion of the trust	94956
shall not qualify as a clear statement requiring the trustee to	94957
preserve a portion of the trust.	94958

(b) If a trust contains a clear statement requiring the	94959
trustee to use a portion of the trust for a purpose other than	94960
medical care, care, comfort, maintenance, welfare, or general well	94961
being of the applicant or recipient, that portion of the trust	94962
shall not be counted as a resource available to the applicant or	94963
recipient. Terms of a trust that grant discretion to limit the use	94964
of a portion of the trust shall not qualify as a clear statement	94965
requiring the trustee to use a portion of the trust for a	94966
particular purpose.	94967

(c) If a trust contains a clear statement limiting the	94968
trustee to making fixed periodic payments, the trust shall not be	94969
counted as a resource available to the applicant or recipient and	94970
payments shall be treated in accordance with rules adopted ~~by the~~	94971
~~department of job and family services~~under section 5163.02 of the	94972
Revised Code governing income. Terms of a trust that grant	94973
discretion to limit payments shall not qualify as a clear	94974
statement requiring the trustee to make fixed periodic payments.	94975

(d) If a trust contains a clear statement that requires the	94976
trustee to terminate the trust if it is counted as a resource	94977
available to the applicant or recipient, the trust shall not be	94978
counted as such. Terms of a trust that grant discretion to	94979
terminate the trust do not qualify as a clear statement requiring	94980
the trustee to terminate the trust.	94981

(e) If a person obtains a judgment from a court of competent	94982
jurisdiction that expressly prevents the trustee from using part	94983
or all of the trust for the medical care, care, comfort,	94984
maintenance, welfare, or general well being of the applicant or	94985
recipient, the trust or that portion of the trust subject to the	94986
court order shall not be counted as a resource available to the	94987
applicant or recipient.	94988

(f) If a trust is specifically exempt from being counted as a	94989
resource available to the applicant or recipient by a provision of	94990
the Revised Code, rules, or federal law, the trust shall not be	94991
counted as such.	94992

(g) If an applicant or recipient presents a final judgment	94993
from a court demonstrating that the applicant or recipient was	94994
unsuccessful in a civil action against the trustee to compel	94995
payments from the trust, the trust shall not be counted as a	94996
resource available to the applicant or recipient.	94997

(h) If an applicant or recipient presents a final judgment	94998
from a court demonstrating that in a civil action against the	94999
trustee the applicant or recipient was only able to compel limited	95000
or periodic payments, the trust shall not be counted as a resource	95001
available to the applicant or recipient and payments shall be	95002
treated in accordance with rules adopted ~~by the department of job~~	95003
~~and family services~~under section 5163.02 of the Revised Code	95004
governing income.	95005

(i) If an applicant or recipient provides written	95006
documentation showing that the cost of a civil action brought to	95007
compel payments from the trust would be cost prohibitive, the	95008
trust shall not be counted as a resource available to the	95009
applicant or recipient.	95010

(5) Any actual payments to the applicant or recipient from a	95011
trust that meet the requirements of division (G)(1) of this	95012
section, including trusts that are not counted as a resource	95013
available to the applicant or recipient, shall be treated as	95014
provided in rules adopted ~~by the department of job and family~~	95015
~~services~~under section 5163.02 of the Revised Code governing	95016
income. Payments to any person other than the applicant or	95017
recipient shall not be considered income to the applicant or	95018
recipient. Payments from the trust to a person other than the	95019
applicant or recipient shall not be considered an improper	95020
disposition of assets.	95021

~~Sec. 5111.181.~~ Sec. 5163.22. (A) The general assembly hereby finds	95022
that the state has an insurable interest in ~~medical assistance~~	95023
medicaid recipients because of the state's statutory right to	95024
recover from the estate of a recipient state funds used to provide	95025
the recipient with ~~medical care and~~medicaid services.	95026

(B) As used in this section:

95027

(1) "Beneficiary" means the person or entity designated in a	95028
life insurance policy to receive the proceeds of the policy on the	95029
death of the insured or maturity of the policy.	95030

(2) "Owner" means the person who has the right to designate	95031
the beneficiary of a life insurance policy and to change the	95032
designation.	95033

(C) ~~Notwithstanding section 5111.011 of the Revised Code, the~~	95034
The value of a life insurance policy that would otherwise be	95035
considered a resource in determining eligibility for the ~~medical~~	95036
~~assistance~~medicaid program shall be excluded from any	95037
determination of a person's eligibility for the ~~medical assistance~~	95038
medicaid program if the owner designates the department of ~~job and~~	95039
~~family services~~medicaid as beneficiary of the policy. The	95040
department may pay premiums to keep the policy in force. Premiums	95041
paid by the department are ~~medical assistance~~medicaid payments	95042
correctly paid on behalf of a ~~medical assistance~~medicaid	95043
recipient and subject to recovery under section ~~5111.11~~5162.21 of	95044
the Revised Code.	95045

(D) The medicaid director ~~of job and family services~~ shall	95046
deposit the proceeds of a life insurance policy that do not exceed	95047
the amount the department may recover against the property and	95048
estate of the owner under section ~~5111.11~~5162.21 of the Revised	95049
Code into the general revenue fund. The director shall pay any	95050
remaining proceeds to the person designated by the owner. If the	95051
owner failed to designate a person, the director shall pay the	95052
remaining proceeds to the surviving spouse, or, if there is no	95053
surviving spouse, to the estate of the owner.	95054

(E) If the owner designates the department of ~~job and family~~	95055
~~services~~medicaid as the policy's beneficiary, the department	95056
shall notify the owner that the owner may designate a person to	95057
receive proceeds of the policy that exceed the amount the	95058
department may recover against the owner's property and estate	95059
under section ~~5111.11~~5162.21 of the Revised Code. The designation	95060
shall be made on a form provided by the department.	95061

~~(F) The department of job and family services shall not~~	95062
~~implement this section if implementation would violate any federal~~	95063
~~requirement unless the department receives a waiver of the~~	95064
~~requirement from the United States department of health and human~~	95065
~~services.~~	95066

~~Sec. 5111.0116.~~ Sec. 5163.30. (A) As used in this section:

95067

(1) "Assets" include all of an individual's income and	95068
resources and those of the individual's spouse, including any	95069
income or resources the individual or spouse is entitled to but	95070
does not receive because of action by any of the following:	95071

(a) The individual or spouse;

95072

(b) A person or government entity, including a court or	95073
administrative agency, with legal authority to act in place of or	95074
on behalf of the individual or spouse;	95075

(c) A person or government entity, including a court or	95076
administrative agency, acting at the direction or on the request	95077
of the individual or spouse.	95078

(2) "Home and community-based services" means home and	95079
community-based services furnished under a medicaid waiver granted	95080
by the United States secretary of health and human services under	95081
the "Social Security Act," section 1915(c) or (d), 42 U.S.C.	95082
1396n(c) or (d).	95083

(3) "Institutionalized individual" means a resident of a	95084
nursing facility, an inpatient in a medical institution for whom a	95085
payment is made based on a level of care provided in a nursing	95086
facility, or an individual described in the "Social Security Act,"	95087
section 1902(a)(10)(A)(ii)(VI), 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).	95088

(4) "Look-back date" means the date that is a number of	95089
months specified in rules adopted under section ~~5111.011~~5163.02	95090
of the Revised Code immediately before either of the following:	95091

(a) The date an individual becomes an institutionalized	95092
individual if the individual is eligible for medicaid on that	95093
date;	95094

(b) The date an individual applies for medicaid while an	95095
institutionalized individual.	95096

(5) ~~"Nursing facility" has the same meaning as in section~~	95097
~~5111.20 of the Revised Code.~~	95098

~~(6)~~ "Nursing facility equivalent services" means services	95099
that are covered by the medicaid program, equivalent to nursing	95100
facility services, provided by an institution that provides the	95101
same level of care as a nursing facility, and provided to an	95102
inpatient of the institution who is a medicaid recipient eligible	95103
for medicaid-covered nursing facility equivalent services.	95104

~~(7) "Nursing facility services" means nursing facility~~	95105
~~services covered by the medicaid program that a nursing facility~~	95106
~~provides to a resident of the nursing facility who is a medicaid~~	95107
~~recipient eligible for medicaid-covered nursing facility services.~~	95108

~~(8)~~(6) "Undue hardship" means being deprived of either of the	95109
following:	95110

(a) Medical care such that an individual's health or life is	95111
endangered;	95112

(b) Food, clothing, shelter, or other necessities of life.

95113

(B) Except as provided in division (C) of this section and	95114
rules adopted under section ~~5111.011~~5163.02 of the Revised Code,	95115
an institutionalized individual is ineligible for nursing facility	95116
services, nursing facility equivalent services, and home and	95117
community-based services if the individual or individual's spouse	95118
disposes of assets for less than fair market value on or after the	95119
look-back date. The institutionalized individual's ineligibility	95120
shall begin on a date determined in accordance with rules adopted	95121
under section ~~5111.011~~5163.02 of the Revised Code and shall	95122
continue for a number of months determined in accordance with such	95123
rules.	95124

(C) An institutionalized individual may be granted a waiver	95125
of all or a portion of the period of ineligibility to which the	95126
individual would otherwise be subjected under division (B) of this	95127
section if the ineligibility would cause an undue hardship for the	95128
individual. An institutionalized individual shall be granted a	95129
waiver of all or a portion of the period of ineligibility if the	95130
administrator of the nursing facility in which the individual	95131
resides has notified the individual of a proposed transfer or	95132
discharge under section 3721.16 of the Revised Code due to failure	95133
to pay for the care the nursing facility has provided to the	95134
individual, the individual or the individual's sponsor requests a	95135
hearing on the proposed transfer or discharge in accordance with	95136
section 3721.161 of the Revised Code, and the transfer or	95137
discharge is upheld by a final determination that is not subject	95138
to further appeal. Waivers shall be granted in accordance with	95139
rules adopted under section ~~5111.011~~5163.02 of the Revised Code.	95140

(D) To secure compliance with this section, the medicaid	95141
director ~~of job and family services~~ may require an individual, as	95142
a condition of initial or continued eligibility for medicaid, to	95143
provide documentation of the individual's assets up to five years	95144
before the date the individual becomes an institutionalized	95145
individual if the individual is eligible for medicaid on that date	95146
or the date the individual applies for medicaid while an	95147
institutionalized individual. Documentation may include tax	95148
returns, records from financial institutions, and real property	95149
records.	95150

~~Sec. 5111.0117.~~ Sec. 5163.31. (A) ~~As used in this section and~~	95151
~~section 5111.0118 of the Revised Code:~~	95152

~~(1) "ICF/MR services" means intermediate care facility for~~	95153
~~the mentally retarded services covered by the medicaid program~~	95154
~~that an intermediate care facility for the mentally retarded~~	95155
~~provides to a resident of the facility who is a medicaid recipient~~	95156
~~eligible for medicaid-covered intermediate care facility for the~~	95157
~~mentally retarded services.~~	95158

~~(2) "Intermediate care facility for the mentally retarded"~~	95159
~~has the same meaning as in section 5111.20 of the Revised Code.~~	95160

~~(3) "Nursing facility" has the same meaning as in section~~	95161
~~5111.20 of the Revised Code.~~	95162

~~(4) "Nursing facility services" means nursing facility~~	95163
~~services covered by the medicaid program that a nursing facility~~	95164
~~provides to a resident of the nursing facility who is a medicaid~~	95165
~~recipient eligible for medicaid-covered nursing facility services.~~	95166

~~(5) "Other medicaid-funded long-term care services" has the~~	95167
~~meaning specified in rules adopted under section 5111.011 of the~~	95168
~~Revised Code.~~	95169

~~(B)~~ Except as provided by division ~~(C)~~(A) of this section and	95170
for the purpose of determining whether an aged, blind, or disabled	95171
individual is eligible for nursing facility services, ICF/MR	95172
services, or other medicaid-funded long-term care services, the	95173
medicaid director ~~of job and family services~~ may consider an aged,	95174
blind, or disabled individual's real property to not be the	95175
individual's homestead or principal place of residence once the	95176
individual has resided in a nursing facility, ~~intermediate care~~	95177
~~facility for the mentally retarded~~ICF/MR, or other medical	95178
institution for at least thirteen months.	95179

~~(C)~~(B) Division ~~(B)~~(A) of this section does not apply to an	95180
individual if any of the following reside in the individual's real	95181
property that, because of this division, continues to be	95182
considered the individual's homestead or principal place of	95183
residence:	95184

(1) The individual's spouse;

95185

(2) The individual's child if any of the following apply:

95186

(a) The child is under twenty-one years of age.

95187

(b) The child is considered blind or disabled under the	95188
"Social Security Act," section 1614, 42 U.S.C. 1382c.	95189

(c) The child is financially dependent on the individual for	95190
housing as determined in accordance with rules adopted under	95191
section ~~5111.011~~5163.02 of the Revised Code.	95192

(3) The individual's sibling if the sibling has a verified	95193
equity interest in the real property and resided in the real	95194
property for at least one year immediately before the date the	95195
individual was admitted to the nursing facility, ~~intermediate care~~	95196
~~facility for the mentally retarded~~ICF/MR, or other medical	95197
institution.	95198

~~Sec. 5111.0118.~~ Sec. 5163.32. (A) Except as otherwise provided by	95199
this section, no individual shall qualify for nursing facility	95200
services or other medicaid-funded long-term care services if the	95201
individual's equity interest in the individual's home exceeds five	95202
hundred thousand dollars. The medicaid director ~~of job and family~~	95203
~~services~~ shall increase this amount effective January 1, 2011, and	95204
the first day of each year thereafter, by the percentage increase	95205
in the consumer price index for all urban consumers (all items;	95206
United States city average), rounded to the nearest one thousand	95207
dollars.	95208

(B) This section does not apply to an individual if either of	95209
the following applies:	95210

(1) Either of the following lawfully reside in the	95211
individual's home:	95212

(a) The individual's spouse;

95213

(b) The individual's child if the child is under twenty-one	95214
years of age or, under the "Social Security Act," section 1614, 42	95215
U.S.C. 1382c, considered blind or disabled.	95216

(2) The individual qualifies, pursuant to the process	95217
established under division (C) of this section, for a waiver of	95218
this section due to a demonstrated hardship.	95219

(C) The director shall establish a process by which	95220
individuals may obtain a waiver of this section due to a	95221
demonstrated hardship. The process shall be consistent with the	95222
process for such waivers established by the United States	95223
secretary of health and human services under the "Social Security	95224
Act," section 1917(f)(4), 42 U.S.C. 1396p(f)(4).	95225

(D) Nothing in this section shall be construed as preventing	95226
an individual from using a reverse mortgage or home equity loan to	95227
reduce the individual's total equity interest in the home.	95228

~~Sec. 5111.114.~~ Sec. 5163.33. ~~As used in this section, "nursing~~	95229
~~facility" and "intermediate care facility for the mentally~~	95230
~~retarded" have the same meanings as in section 5111.20 of the~~	95231
~~Revised Code.~~	95232

(A) In determining the amount of income that a medicaid	95233
recipient ~~of medical assistance~~ must apply monthly toward payment	95234
of the cost of care in a nursing facility or ~~intermediate care~~	95235
~~facility for the mentally retarded~~ICF/MR, ~~the~~a county department	95236
of job and family services shall deduct from the recipient's	95237
monthly income a monthly personal needs allowance in accordance	95238
with ~~section 1902 of~~ the "Social Security Act," ~~49 Stat. 620~~	95239
~~(1935)~~section 1902(q), 42 U.S.C.~~A. 1396a, as amended~~1396a(q).	95240

~~For~~(B) In the case of a resident of a nursing facility, the	95241
monthly personal needs allowance shall be as follows:	95242

(1) Prior to January 1, 2014, not less than forty dollars for	95243
an individual resident and not less than eighty dollars for a	95244
married couple if both spouses are residents of a nursing facility	95245
and their incomes are considered available to each other in	95246
determining eligibility;	95247

(2) For calendar year 2014, not less than forty-five dollars	95248
for an individual resident and not less than ninety dollars for a	95249
married couple if both spouses are residents of a nursing facility	95250
and their incomes are considered available to each other in	95251
determining eligibility;	95252

(3) For calendar year 2015 and each calendar year thereafter,	95253
not less than fifty dollars for an individual resident and not	95254
less than one hundred dollars for a married couple if both spouses	95255
are residents of a nursing facility and their incomes are	95256
considered available to each other in determining eligibility.	95257

~~For~~(C) In the case of a resident of an ~~intermediate care~~	95258
~~facility for the mentally retarded~~ICF/MR, the monthly personal	95259
needs allowance shall be forty dollars unless the resident has	95260
earned income, in which case the monthly personal needs allowance	95261
shall be determined by the ~~state~~ department of ~~job and family~~	95262
~~services~~medicaid, or the department's designee, but shall not	95263
exceed one hundred five dollars.	95264

~~Sec. 5111.013.~~ Sec. 5163.40. (A) ~~The provision of medical~~	95265
~~assistance to pregnant women and young children who are eligible~~	95266
~~for medical assistance under division (C)(3) of section 5111.01 of~~	95267
~~the Revised Code, but who are not otherwise eligible for medical~~	95268
~~assistance under that section, shall be known as the healthy start~~	95269
~~program.~~	95270

~~(B)~~ The department of ~~job and family services~~medicaid shall	95271
do all of the following with regard to the application procedures	95272
for the healthy start component of the medicaid program:	95273

(1) Establish a short application form for the ~~program~~	95274
component that requires the applicant to provide no more	95275
information than is necessary for making determinations of	95276
eligibility for the ~~healthy start program~~component, except that	95277
the form may require applicants to provide their social security	95278
numbers. The form shall include a statement, which must be signed	95279
by the applicant, indicating that she does not choose at the time	95280
of making application for the ~~program~~component to apply for	95281
assistance provided under any other program administered by the	95282
department or the department of job and family services and that	95283
she understands that she is permitted at any other time to apply	95284
at the county department of job and family services of the county	95285
in which she resides for ~~any~~ other assistance administered by the	95286
department or the department of job and family services.	95287

(2) ~~To the extent permitted by federal law, do~~Do one or both	95288
of the following:	95289

(a) Distribute the application form for the ~~program~~component	95290
to each public or private entity that serves as a women, infants,	95291
and children clinic or as a child and family health clinic and to	95292
each administrative body for such clinics and train employees of	95293
each such ~~agency~~clinic or ~~entity~~administrative body to provide	95294
applicants assistance in completing the form;	95295

(b) In cooperation with the department of health, develop	95296
arrangements under which employees of county departments of job	95297
and family services are stationed at public or private ~~agencies or~~	95298
entities selected by the department of ~~job and family services~~	95299
medicaid that serve as women, infants, and children clinics; child	95300
and family health clinics; or administrative bodies for such	95301
clinics for the purpose both of assisting applicants for the	95302
~~program~~component in completing the application form and of making	95303
determinations at that location of eligibility for the ~~program~~	95304
component.	95305

(3) Establish performance standards by which a county	95306
department of job and family services' level of enrollment of	95307
persons potentially eligible for the ~~program~~component can be	95308
measured, and establish acceptable levels of enrollment for each	95309
county department.	95310

(4) Direct any county department of job and family services	95311
whose rate of enrollment of potentially eligible enrollees in the	95312
~~program~~component is below acceptable levels established under	95313
division ~~(B)~~(A)(3) of this section to implement corrective	95314
action. Corrective action may include but is not limited to any	95315
one or more of the following ~~to the extent permitted by federal~~	95316
~~law~~:	95317

(a) Establishing formal referral and outreach methods with	95318
local health departments and local entities receiving funding	95319
through the bureau of maternal and child health;	95320

(b) Designating a specialized intake unit within the county	95321
department for healthy start applicants;	95322

(c) Establishing abbreviated timeliness requirements to	95323
shorten the time between receipt of an application and the	95324
scheduling of an initial application interview;	95325

(d) Establishing a system for telephone scheduling of intake	95326
interviews for applicants;	95327

(e) Establishing procedures to minimize the time an applicant	95328
must spend in completing the application and eligibility	95329
determination process, including permitting applicants to complete	95330
the process at times other than the regular business hours of the	95331
county department and at locations other than the offices of the	95332
county department.	95333

~~(C) To the extent permitted by federal law, local funds,~~	95334
~~whether from public or private sources, expended by a county~~	95335
~~department for administration of the healthy start program shall~~	95336
~~be considered to have been expended by the state for the purpose~~	95337
~~of determining the extent to which the state has complied with any~~	95338
~~federal requirement that the state provide funds to match federal~~	95339
~~funds for medical assistance, except that this division shall not~~	95340
~~affect the amount of funds the county is entitled to receive under~~	95341
~~section 5101.16, 5101.161, or 5111.012 of the Revised Code.~~	95342

~~(D)~~(B) A county department of job and family services that	95343
maintains offices at more than one location shall accept	95344
applications for the healthy start ~~program~~component at all of	95345
those locations.	95346

~~(E) The director of job and family services shall adopt rules~~	95347
~~in accordance with section 111.15 of the Revised Code as necessary~~	95348
~~to implement this section.~~	95349

~~Sec. 5111.0119.~~ Sec. 5163.45. (A)(1) As used in this section,	95350
subject to division (A)(2) of this section, "state or local	95351
correctional facility" means any of the following:	95352

(a) A "state correctional institution," as defined in section	95353
2967.01 of the Revised Code;	95354

(b) A "local correctional facility," as defined in section	95355
2903.13 of the Revised Code;	95356

(c) A correctional facility that is privately operated and	95357
managed pursuant to section 9.06 of the Revised Code.	95358

(2) "State or local correctional facility" does not include	95359
any facility operated directly by or at the direction of the	95360
department of youth services.	95361

(B) If a person who is confined in a state or local	95362
correctional facility was a medicaid recipient immediately prior	95363
to being confined in the facility, all of the following apply:	95364

(1) The person's eligibility for medicaid while so confined	95365
shall be suspended due to the confinement.	95366

(2) No medicaid payment shall be made for any care, services,	95367
or supplies provided to the person during the suspension described	95368
in division (B)(1) of this section.	95369

(3) The suspension described in division (B)(1) of this	95370
section shall end upon the release of the person from the	95371
confinement.	95372

(4) Except as provided in division (C) of this section, the	95373
person shall not be required to reapply or undergo a	95374
redetermination of eligibility for medicaid when the suspension	95375
described in division (B)(1) of this section ends.	95376

(C) A person may be disenrolled from medicaid any time after	95377
the suspension described in division (B)(1) of this section ends	95378
if the person is no longer eligible for medicaid. A person may be	95379
required to undergo a redetermination of eligibility for medicaid	95380
any time after the suspension described in division (B)(1) of this	95381
section ends if it is time or past time for the person's	95382
eligibility redetermination or the person's circumstances have	95383
changed in a manner warranting a redetermination.	95384

~~(D) The department of job and family services shall take the~~	95385
~~steps necessary to begin implementation of this section not later~~	95386
~~than September 1, 2009.~~	95387

Sec. 5164.01. As used in this chapter:

95388

(A) "Early and periodic screening, diagnostic, and treatment	95389
services" has the same meaning as in the "Social Security Act,"	95390
section 1905(r), 42 U.S.C. 1396d(r).	95391

(B) "Federal financial participation" has the same meaning as	95392
in section 5160.01 of the Revised Code.	95393

(C) "Healthcheck" means the component of the medicaid program	95394
that provides early and periodic screening, diagnostic, and	95395
treatment services.	95396

(D) "Home and community-based services medicaid waiver	95397
component" has the same meaning as in section 5166.01 of the	95398
Revised Code.	95399

(E) "Hospital" has the same meaning as in section 3727.01 of	95400
the Revised Code.	95401

(F) "ICF/MR" has the same meaning as in section 5124.01 of	95402
the Revised Code.	95403

(G) "Mandatory services" means the health care services and	95404
items that must be covered by the medicaid state plan as a	95405
condition of the state receiving federal financial participation	95406
for the medicaid program.	95407

(H) "Medicaid managed care organization" has the same meaning	95408
as in section 5167.01 of the Revised Code.	95409

(I) "Medicaid provider" means a person or government entity	95410
with a valid provider agreement to provide medicaid services to	95411
medicaid recipients. To the extent appropriate in the context,	95412
"medicaid provider" includes a person or government entity	95413
applying for a provider agreement, a former medicaid provider, or	95414
both.	95415

(J) "Medicaid services" means either or both of the	95416
following:	95417

(1) Mandatory services;

95418

(2) Optional services that the medicaid program covers.

95419

(K) "Nursing facility" has the same meaning as in section	95420
5165.01 of the Revised Code.	95421

(L) "Optional services" means the health care services and	95422
items that may be covered by the medicaid state plan or a federal	95423
medicaid waiver and for which the medicaid program receives	95424
federal financial participation.	95425

(M) "Prescribed drug" has the same meaning as in 42 C.F.R.	95426
440.120.	95427

(N) "Provider agreement" means an agreement to which all of	95428
the following apply:	95429

(1) It is between a medicaid provider and the department of	95430
medicaid;	95431

(2) It provides for the medicaid provider to provide medicaid	95432
services to medicaid recipients;	95433

(3) It complies with 42 C.F.R. 431.107(b).

95434

(O) "Terminal distributor of dangerous drugs" has the same	95435
meaning as in section 4729.01 of the Revised Code.	95436

~~Sec. 5111.02.~~ Sec. 5164.02. (A) The ~~director of job and family~~	95437
~~services shall adopt, and may amend or rescind, rules under~~	95438
medicaid director shall adopt rules as necessary to implement this	95439
chapter. The rules shall be adopted in accordance with Chapter	95440
119. of the Revised Code ~~establishing the amount, duration, and~~	95441
~~scope of medicaid services~~. ~~The rules shall be consistent with~~	95442
~~federal and state law. The rules may be different for different~~	95443
~~medicaid services. The~~	95444

(B) The rules shall establish all of the following:

95445

~~(A) The conditions under which the medicaid program shall~~	95446
~~cover and reimburse medicaid services;~~	95447

~~(B) The method of reimbursement applicable to each medicaid~~	95448
~~service~~(1) The amount, duration, and scope of the medicaid	95449
services covered by the medicaid program;	95450

~~(C)~~(2) The payment amount ~~of reimbursement~~for each medicaid	95451
service or, in lieu of ~~amounts~~the payment amount, ~~methods~~the	95452
method by which ~~amounts are~~the payment amount is to be determined	95453
for each medicaid service;	95454

~~(D)~~(3) Procedures for enforcing the rules adopted under this	95455
section that provide due process protections, including procedures	95456
for corrective action plans for, and imposing financial and	95457
administrative sanctions on, persons and government entities that	95458
violate the rules.	95459

(C) The rules may be different for different medicaid	95460
services.	95461

(D) The medicaid director is not required to adopt a rule	95462
establishing the payment amount for a medicaid service if the	95463
director adopts a rule establishing the method by which the	95464
payment amount is to be determined for the medicaid service and	95465
makes the payment amount available on the internet web site	95466
maintained by the department of medicaid.	95467

Sec. 5164.03. (A) The medicaid program shall cover all	95468
mandatory services.	95469

(B) The medicaid program shall cover all of the optional	95470
services that state statutes require the medicaid program to	95471
cover.	95472

(C) The medicaid program may cover any of the optional	95473
services to which either of the following applies:	95474

(1) State statutes expressly permit the medicaid program to	95475
cover the optional service;	95476

(2) State statutes do not address whether the medicaid	95477
program may cover the optional service.	95478

(D) The medicaid program shall not cover any optional	95479
services that state statutes prohibit the medicaid program from	95480
covering.	95481

~~Sec. 5111.04.~~ Sec. 5164.05. (A) As used in this section:

95482

(1) "Outpatient health facility" means a facility that	95483
provides comprehensive primary health services by or under the	95484
direction of a physician at least five days per week on a	95485
forty-hour per week basis to outpatients, is operated by the board	95486
of health of a city or general health district or another public	95487
agency or by a nonprofit private agency or organization under the	95488
direction and control of a governing board that has no	95489
health-related responsibilities other than the direction and	95490
control of one or more such outpatient health facilities, and	95491
receives at least seventy-five per cent of its operating funds	95492
from public sources, except that it does not include an outpatient	95493
hospital facility or a federally qualified health center as	95494
defined in ~~Sec. 1905(l) (2)(B) of~~ the "Social Security Act," ~~103~~	95495
~~Stat. 2264 (1989)~~section 1905(l)(2)(B), 42 U.S.C.A.	95496
1396d(l)(2)(B).	95497

(2) "Comprehensive primary health services" means preventive,	95498
diagnostic, therapeutic, rehabilitative, or palliative items or	95499
services that include all of the following:	95500

(a) Services of physicians, physician assistants, and	95501
certified nurse practitioners;	95502

(b) Diagnostic laboratory and radiological services;

95503

(c) Preventive health services, such as children's eye and	95504
ear examinations, perinatal services, well child services, and	95505
family planning services;	95506

(d) Arrangements for emergency medical services;

95507

(e) Transportation services.

95508

(3) "Certified nurse practitioner" has the same meaning as in	95509
section 4723.01 of the Revised Code.	95510

(B) ~~Outpatient~~Subject to division (C) of this section, the	95511
medicaid program shall cover comprehensive primary health services	95512
provided by outpatient health facilities ~~are a separate category~~	95513
~~of medical care provider under the rules governing the~~	95514
~~administration of the medical assistance program established under~~	95515
~~section 5111.01 of the Revised Code~~with valid provider	95516
agreements. ~~Rates of reimbursement for items and services provided~~	95517
~~by an outpatient health facility under this section shall be~~	95518
~~prospectively determined by the~~The department of ~~job and family~~	95519
~~services~~medicaid shall prospectively determine the medicaid	95520
payment rates for such comprehensive primary health services not	95521
less often than once each year,. The rates shall not be subject to	95522
retroactive adjustment based on actual costs incurred~~, and~~. The	95523
rates shall not exceed the maximum fee schedule or rates of	95524
payment, limitations based on reasonable costs or customary	95525
charges, and limitations based on combined payments received for	95526
furnishing comparable services, as are applicable to outpatient	95527
hospital facilities under ~~Title XVIII of~~ the ~~"Social Security Act~~	95528
medicare program." In determining ~~rates of reimbursement~~an	95529
outpatient health facility's rate prospectively, the department	95530
shall take into account the historic expenses of the facility, the	95531
operating requirements and services offered by the facility, and	95532
the geographical location of the facility, shall provide	95533
incentives for the efficient and economical utilization of the	95534
facility's resources, and shall ensure that the facility does not	95535
discriminate between classes of persons for whom or by whom	95536
payment for ~~items and~~the services is made.	95537

(C) AAn outpatient health facility does not qualify for	95538
~~classification as an outpatient health facility~~medicaid payments	95539
under this section unless it:	95540

(1) Has health and medical care policies developed with the	95541
advice of and subject to review by an advisory committee of	95542
professional personnel, including one or more physicians, one or	95543
more dentists if dental care is provided, and one or more	95544
registered nurses;	95545

(2) Has a medical director, a dental director, if dental care	95546
is provided, and a nursing director responsible for the execution	95547
of such policies, and has physicians, dentists, nursing, and	95548
ancillary staff appropriate to the scope of services provided;	95549

(3) Requires that the care of every patient be under the	95550
supervision of a physician, provides for medical care in case of	95551
emergency, has in effect a written agreement with one or more	95552
hospitals and one or more other outpatient facilities, and has an	95553
established system for the referral of patients to other resources	95554
and a utilization review plan and program;	95555

(4) Maintains clinical records on all patients;

95556

(5) Provides nursing services and other therapeutic services	95557
in compliance with applicable laws and rules and under the	95558
supervision of a registered nurse, and has a registered nurse on	95559
duty at all times when the facility is in operation;	95560

(6) Follows approved methods and procedures for the	95561
dispensing and administration of drugs and biologicals;	95562

(7) Maintains the accounting and record-keeping system	95563
required under federal laws and regulations for the determination	95564
of reasonable and allowable costs.	95565

~~Sec. 5111.029.~~ Sec. 5164.06. The medicaid program shall cover	95566
occupational therapy services provided by an occupational	95567
therapist licensed under section 4755.08 of the Revised Code.	95568
Coverage shall not be limited to services provided in a hospital	95569
or nursing facility. Any licensed occupational therapist may enter	95570
into a ~~medicaid~~ provider agreement with the department of ~~job and~~	95571
~~family services~~medicaid to provide occupational therapy services	95572
under the medicaid program.	95573

~~Sec. 5111.018.~~ Sec. 5164.07. (A) The ~~provision of medical~~	95574
~~assistance under this chapter~~medicaid program shall include	95575
coverage of inpatient care and follow-up care for a mother and her	95576
newborn as follows:	95577

(1) The ~~medical assistance~~ medicaid program shall cover a	95578
minimum of forty-eight hours of inpatient care following a normal	95579
vaginal delivery and a minimum of ninety-six hours of inpatient	95580
care following a cesarean delivery. Services covered as inpatient	95581
care shall include medical, educational, and any other services	95582
that are consistent with the inpatient care recommended in the	95583
protocols and guidelines developed by national organizations that	95584
represent pediatric, obstetric, and nursing professionals.	95585

(2) The ~~medical assistance~~medicaid program shall cover a	95586
physician-directed source of follow-up care. Services covered as	95587
follow-up care shall include physical assessment of the mother and	95588
newborn, parent education, assistance and training in breast or	95589
bottle feeding, assessment of the home support system, performance	95590
of any medically necessary and appropriate clinical tests, and any	95591
other services that are consistent with the follow-up care	95592
recommended in the protocols and guidelines developed by national	95593
organizations that represent pediatric, obstetric, and nursing	95594
professionals. The coverage shall apply to services provided in a	95595
medical setting or through home health care visits. The coverage	95596
shall apply to a home health care visit only if the health care	95597
professional who conducts the visit is knowledgeable and	95598
experienced in maternity and newborn care.	95599

When a decision is made in accordance with division (B) of	95600
this section to discharge a mother or newborn prior to the	95601
expiration of the applicable number of hours of inpatient care	95602
required to be covered, the coverage of follow-up care shall apply	95603
to all follow-up care that is provided within forty-eight hours	95604
after discharge. When a mother or newborn receives at least the	95605
number of hours of inpatient care required to be covered, the	95606
coverage of follow-up care shall apply to follow-up care that is	95607
determined to be medically necessary by the health care	95608
professionals responsible for discharging the mother or newborn.	95609

(B) Any decision to shorten the length of inpatient stay to	95610
less than that specified under division (A)(1) of this section	95611
shall be made by the physician attending the mother or newborn,	95612
except that if a nurse-midwife is attending the mother in	95613
collaboration with a physician, the decision may be made by the	95614
nurse-midwife. Decisions regarding early discharge shall be made	95615
only after conferring with the mother or a person responsible for	95616
the mother or newborn. For purposes of this division, a person	95617
responsible for the mother or newborn may include a parent,	95618
guardian, or any other person with authority to make medical	95619
decisions for the mother or newborn.	95620

(C) The department of ~~job and family services~~medicaid, in	95621
administering the ~~medical assistance~~medicaid program, may not do	95622
either of the following:	95623

(1) Terminate the ~~participation~~provider agreement of a	95624
health care professional or health care facility ~~as a provider~~	95625
~~under the program~~ solely for making recommendations for inpatient	95626
or follow-up care for a particular mother or newborn that are	95627
consistent with the care required to be covered by this section;	95628

(2) Establish or offer monetary or other financial incentives	95629
for the purpose of encouraging a person to decline the inpatient	95630
or follow-up care required to be covered by this section.	95631

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

95632

(1) Require the ~~medical assistance~~medicaid program to cover	95633
inpatient or follow-up care that is not received in accordance	95634
with the program's terms pertaining to the health care	95635
professionals and facilities from which ~~an individual~~a medicaid	95636
recipient is authorized to receive health care services.	95637

(2) Require a mother or newborn to stay in a hospital or	95638
other inpatient setting for a fixed period of time following	95639
delivery;	95640

(3) Require a child to be delivered in a hospital or other	95641
inpatient setting;	95642

(4) Authorize a nurse-midwife to practice beyond the	95643
authority to practice nurse-midwifery in accordance with Chapter	95644
4723. of the Revised Code;	95645

(5) Establish minimum standards of medical diagnosis, care,	95646
or treatment for inpatient or follow-up care for a mother or	95647
newborn. A deviation from the care required to be covered under	95648
this section shall not, on the basis of this section, give rise to	95649
a medical claim or derivative medical claim, as those terms are	95650
defined in section 2305.113 of the Revised Code.	95651

~~Sec. 5111.024.~~ Sec. 5164.08. (A) As used in this section,	95652
"screening mammography" means a radiologic examination utilized to	95653
detect unsuspected breast cancer at an early stage in asymptomatic	95654
women and includes the x-ray examination of the breast using	95655
equipment that is dedicated specifically for mammography,	95656
including the x-ray tube, filter, compression device, screens,	95657
film, and cassettes, and that has an average radiation exposure	95658
delivery of less than one rad mid-breast. "Screening mammography"	95659
includes two views for each breast. The term also includes the	95660
professional interpretation of the film.	95661

"Screening mammography" does not include diagnostic	95662
mammography.	95663

(B) ~~In addition to any other services required to be included~~	95664
~~in the program or for which federal approval is received, the~~	95665
~~medical assistance~~The medicaid program shall ~~include~~cover both	95666
of the following ~~if approval for use of federal funds is granted~~	95667
~~to the department by the federal agency responsible for~~	95668
~~distributing funds under Title XIX of the "Social Security Act,"~~	95669
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~:	95670

(1) ~~Effective July 1, 1993, screening~~Screening mammography	95671
to detect the presence of breast cancer in adult women;	95672

(2) ~~Effective January 1, 1993, cytologic~~Cytologic screening	95673
for the presence of cervical cancer.	95674

(C) The ~~service provided under~~medicaid program's coverage of	95675
screening mammography pursuant to division (B)(1) of this section	95676
shall be provided in accordance with all of the following:	95677

(1) If a woman is at least thirty-five years of age but under	95678
forty years of age, one screening mammography;	95679

(2) If a woman is at least forty years of age but under fifty	95680
years of age, either of the following:	95681

(a) One screening mammography every two years;

95682

(b) If a licensed physician has determined that the woman has	95683
risk factors to breast cancer, one screening mammography every	95684
year.	95685

(3) If a woman is at least fifty years of age but under	95686
sixty-five years of age, one screening mammography every year.	95687

(D) The ~~service provided under~~medicaid program's coverage of	95688
screening mammographies pursuant to division (B)(1) of this	95689
section shall be provided only for screening mammographies that	95690
are performed in a facility or mobile mammography screening unit	95691
that is accredited under the American college of radiology	95692
mammography accreditation program or in a hospital as defined in	95693
section 3727.01 of the Revised Code.	95694

(E) The ~~service provided under~~medicaid program's coverage of	95695
cytologic screenings pursuant to division (B)(2) of this section	95696
shall be provided only for cytologic screenings that are processed	95697
and interpreted in a laboratory certified by the college of	95698
American pathologists or in a hospital as defined in section	95699
3727.01 of the Revised Code.	95700

~~Sec. 5111.023.~~ Sec. 5164.15. (A) As used in this section:

95701

(1) "Community mental health ~~agency~~services provider or	95702
facility" means a community mental health ~~agency~~services provider	95703
or facility that has its community mental health services	95704
certified by the department of ~~mental health~~mental health and	95705
addiction services under section ~~5119.611~~5119.36 of the Revised	95706
Code or by the department of job and family services under section	95707
5103.03 of the Revised Code.	95708

(2) "Mental health professional" means a person qualified to	95709
work with mentally ill persons under the standards established by	95710
the director of ~~mental health~~mental health and addiction services	95711
pursuant to section ~~5119.611~~5119.36 of the Revised Code.	95712

(B) The ~~state~~ medicaid ~~plan~~program may ~~include provision of~~	95713
cover the following mental health services when provided by	95714
community mental health ~~agencies~~services providers or facilities:	95715

(1) Outpatient mental health services, including, but not	95716
limited to, preventive, diagnostic, therapeutic, rehabilitative,	95717
and palliative interventions rendered to individuals in an	95718
individual or group setting by a mental health professional in	95719
accordance with a plan of treatment appropriately established,	95720
monitored, and reviewed;	95721

(2) Partial-hospitalization mental health services rendered	95722
by persons directly supervised by a mental health professional;	95723

(3) Unscheduled, emergency mental health services of a kind	95724
ordinarily provided to persons in crisis when rendered by persons	95725
supervised by a mental health professional;	95726

(4) ~~Subject to receipt of federal approval, assertive~~	95727
Assertive community treatment and intensive home-based mental	95728
health services.	95729

(C) The department of ~~job and family services~~medicaid shall	95730
enter into a separate contract with the department of ~~mental~~	95731
~~health~~mental health and addiction services under section ~~5111.91~~	95732
5162.35 of the Revised Code with regard to the ~~component of~~mental	95733
health services the medicaid program ~~provided for by~~covers	95734
pursuant to this section.	95735

~~Sec. 5111.027.~~ Sec. 5164.20. ~~If the medicaid program provides~~	95736
~~prescription drug services to medicaid recipients, the~~The	95737
medicaid program shall not ~~provide reimbursement for prescription~~	95738
cover prescribed drugs for treatment of erectile dysfunction.	95739

~~Sec. 5111.042.~~ Sec. 5164.25. The departments of developmental	95740
disabilities and ~~job and family services~~medicaid may approve,	95741
reduce, deny, or terminate a medicaid service included in the	95742
individualized service plan developed for a medicaid recipient	95743
with mental retardation or other developmental disability who is	95744
eligible for medicaid case management services. If either	95745
department approves, reduces, denies, or terminates a service,	95746
that department shall timely notify the medicaid recipient that	95747
the recipient may ~~request a hearing under~~appeal pursuant to	95748
section ~~5101.35~~5160.31 of the Revised Code.	95749

~~Sec. 5111.016.~~ Sec. 5164.26. ~~(A) As used in this section,~~	95750
~~"healthcheck" has the same meaning as in section 3313.714 of the~~	95751
~~Revised Code.~~	95752

~~(B)~~ The department of ~~job and family services~~medicaid shall	95753
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	95754
~~establishing~~establish a combination of written and oral methods	95755
designed to provide information about healthcheck to all persons	95756
eligible for the program or their parents or guardians. The	95757
department shall ensure that its methods of providing information	95758
are effective. ~~The methods shall comply with federal law and~~	95759
~~regulations.~~	95760

Each ~~county department of job and family services or other~~	95761
entity that distributes or accepts applications for ~~medical~~	95762
~~assistance~~medicaid shall prominently display a notice that	95763
complies with the ~~rules adopted~~methods of providing information	95764
about healthcheck established under this ~~division~~section.	95765

Sec. 5164.30. No person or government entity may participate	95766
in the medicaid program as a medicaid provider without a valid	95767
provider agreement with the department of medicaid.	95768

~~Sec. 5111.053.~~ Sec. 5164.301. (A) As used in this section, "group	95769
practice" has the same meaning as in section 4731.65 of the	95770
Revised Code.	95771

(B) The department of ~~job and family services~~medicaid shall	95772
establish a process by which a physician assistant may enter into	95773
a ~~medicaid~~ provider agreement.	95774

(C)(1) Subject to division (C)(2) of this section, a claim	95775
for ~~reimbursement~~medicaid payment for a medicaid service provided	95776
by a physician assistant to a medicaid recipient may be submitted	95777
by the physician assistant who provided the service or the	95778
physician, group practice, clinic, or other health care facility	95779
that employs the physician assistant.	95780

(2) A claim for ~~reimbursement~~medicaid payment may be	95781
submitted by the physician assistant who provided the service only	95782
if the physician assistant has a valid provider agreement. When	95783
submitting the claim, the physician assistant shall use only the	95784
medicaid provider number the department has assigned to the	95785
physician assistant.	95786

~~(D) The director of job and family services may adopt rules~~	95787
~~under section 5111.02 of the Revised Code to implement this~~	95788
~~section.~~	95789

~~Sec. 5111.063.~~ Sec. 5164.31. (A) For the purpose of raising funds	95790
necessary to pay the expenses of implementing the provider	95791
screening requirements of subpart E of 42 C.F.R. Part 455 and	95792
except as provided in division (B) of this section, the department	95793
of ~~job and family services~~medicaid shall ~~charge~~collect an	95794
application fee tofrom a medicaid provider ~~seeking to enter into~~	95795
~~or renew a medicaid provider agreement, unless the provider is~~	95796
~~exempt from paying the application fee under 42 C.F.R. 455.460(a)~~	95797
before doing any of the following:	95798

(1) Entering into a provider agreement with a medicaid	95799
provider that seeks initial enrollment as a provider;	95800

(2) Entering into a provider agreement with a former medicaid	95801
provider that seeks re-enrollment as a provider;	95802

(3) Revalidating a medicaid provider's continued enrollment	95803
as a provider. ~~The~~	95804

(B) The department is not to collect an application fee from	95805
a medicaid provider that is exempt from paying the fee under 42	95806
C.F.R. 455.460(a).	95807

(C) The application fees shall be deposited into the health	95808
care services administration fund created under section ~~5111.94~~	95809
5162.54 of the Revised Code. Application fees are nonrefundable	95810
when collected in accordance with 42 C.F.R. 455.460(a).	95811

(D) The medicaid director ~~of job and family services~~ shall	95812
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	95813
of the Revised Code as necessary to implement this section,	95814
including a rule establishing the amount of the application fee	95815
~~that is charged~~to be collected under this section. The amount of	95816
the application fee shall not be set at an amount that is more	95817
than necessary to pay for the expenses of implementing the	95818
provider screening requirements.	95819

~~Sec. 5111.028.~~ Sec. 5164.32. (A) ~~Pursuant to section 5111.02 of~~	95820
~~the Revised Code, the director of job and family services shall~~	95821
~~adopt rules establishing procedures for the use of time-limited~~	95822
~~provider agreements under the medicaid program. Except as provided~~	95823
~~in division (E) of this section, all provider agreements shall be~~	95824
~~time-limited in accordance with the procedures established in the~~	95825
~~rules.~~	95826

~~The department of job and family services shall phase-in the~~	95827
~~use of time-limited provider agreements pursuant to this section~~	95828
~~during a period commencing not later than January 1, 2008, and~~	95829
~~ending January 1, 2015.~~	95830

~~(B) In the use of time-limited provider agreements pursuant~~	95831
~~to this section, all of the following apply:~~	95832

~~(1)~~ Each medicaid provider agreement shall expire not later	95833
than ~~seven~~five years from ~~the~~its effective date ~~of the~~	95834
~~agreement.~~	95835

~~(2) During the phase-in period specified in division (A) of~~	95836
~~this section, the department may provide for the conversion of~~. If	95837
a provider agreement ~~without a time limit~~entered into before the	95838
effective date of this amendment does not have a time limit, the	95839
department of medicaid shall convert the agreement to a provider	95840
agreement with a time limit. ~~The department may take an action to~~	95841
~~convert the provider agreement by sending a notice by regular mail~~	95842
~~to the address of the provider on record with the department~~	95843
~~advising the provider of the conversion.~~	95844

~~(3) The department may make the effective date of a provider~~	95845
~~agreement retroactive for a period not to exceed one year from the~~	95846
~~date of the provider's application for the agreement, as long as~~	95847
~~the provider met all medicaid program requirements during that~~	95848
~~period.~~	95849

~~(C)~~(B) The medicaid director shall adopt rules under section	95850
5164.02 of the Revised Code as necessary to implement this	95851
section. The rules ~~for use of time-limited provider agreements~~	95852
~~pursuant to this section~~ shall be consistent with subpart E of 42	95853
C.F.R. Part 455 and include a process for ~~re-enrollment of~~	95854
~~providers~~revalidating medicaid providers' continued enrollments	95855
as providers. All of the following apply to the ~~re-enrollment~~	95856
revalidation process:	95857

(1) The department ~~of job and family services may terminate a~~	95858
~~time-limited provider agreement or deny re-enrollment~~shall refuse	95859
to revalidate a provider's provider agreement when athe provider	95860
fails to ~~file an~~do either of the following:	95861

(a) File a complete application for ~~re-enrollment~~	95862
revalidation within the time and in the manner required under the	95863
~~re-enrollment~~revalidation process;	95864

(b) Provide required supporting documentation not later than	95865
thirty days after the date the provider timely applies for	95866
revalidation.	95867

(2) If a provider files an application for ~~re-enrollment~~	95868
revalidation within the time and in the manner required under the	95869
~~re-enrollment~~revalidation process and timely provides required	95870
supporting documentation, but the provider agreement expires	95871
before the department acts on the application or before the	95872
effective date of the department's decision on the application,	95873
the provider, subject to division (B)(3) of this section, may	95874
continue operating under the terms of the expired provider	95875
agreement until the effective date of the department's decision.	95876

(3) ~~A decision by the department to approve an application~~	95877
~~for re-enrollment becomes effective on the date of the~~	95878
~~department's decision. A decision by the department to deny~~	95879
~~re-enrollment shall take effect not sooner than thirty days after~~	95880
~~the date the department mails written notice of the decision to~~	95881
~~the provider. The department shall specify in the notice the date~~	95882
~~on which the provider is required to cease operating under the~~	95883
~~provider agreement~~If a provider continues operating under the	95884
terms of an expired provider agreement pursuant to division (B)(2)	95885
of this section and the department denies the provider's	95886
application for revalidation, medicaid payments shall not be made	95887
for services or items the provider provides during the period	95888
beginning on the date the provider agreement expired and ending on	95889
the effective date of a subsequent provider agreement, if any, the	95890
department enters into with the provider.	95891

~~(D) Pursuant to section 5111.06 of the Revised Code, the~~	95892
~~department is not required to take the actions specified in~~	95893
~~division (C)(1) of this section by issuing an order pursuant to an~~	95894
~~adjudication conducted in accordance with Chapter 119. of the~~	95895
~~Revised Code.~~	95896

~~(E) The use of time-limited provider agreements pursuant to~~	95897
~~this section does not apply to provider agreements issued to the~~	95898
~~following, including any provider agreements issued to the~~	95899
~~following that are otherwise time-limited under the medicaid~~	95900
~~program:~~	95901

~~(1) A managed care organization under contract with the~~	95902
~~department pursuant to section 5111.17 of the Revised Code;~~	95903

~~(2) A nursing facility, as defined in section 5111.20 of the~~	95904
~~Revised Code;~~	95905

~~(3) An intermediate care facility for the mentally retarded,~~	95906
~~as defined in section 5111.20 of the Revised Code;~~	95907

~~(4) A hospital.~~

95908

Sec. 5164.33. (A) The medicaid director may do the following	95909
for any reason permitted or required by federal law:	95910

(1) Deny or terminate a provider agreement;

95911

(2) Exclude an individual, provider of services or goods, or	95912
other entity from participation in the medicaid program.	95913

(B) No individual, provider, or entity excluded from	95914
participation in the medicaid program under this section shall do	95915
any of the following:	95916

(1) Own, or provide services to, any other medicaid provider	95917
or risk contractor;	95918

(2) Arrange for, render, or order services for medicaid	95919
recipients during the period of exclusion;	95920

(3) During the period of exclusion, receive direct payments	95921
under the medicaid program or indirect payments of medicaid funds	95922
in the form of salary, shared fees, contracts, kickbacks, or	95923
rebates from or through any other medicaid provider or risk	95924
contractor.	95925

(C) An individual, provider, or entity excluded from	95926
participation in the medicaid program under this section may	95927
request a reconsideration of the exclusion. The director shall	95928
adopt rules under section 5164.02 of the Revised Code governing	95929
the process for requesting a reconsideration.	95930

(D) Nothing in this section limits the applicability of	95931
section 5164.38 of the Revised Code to a medicaid provider.	95932

~~Sec. 5111.032.~~ Sec. 5164.34. (A) As used in this section:

95933

(1) "Criminal records check" has the same meaning as in	95934
section 109.572 of the Revised Code.	95935

(2) "Disqualifying offense" means any of the offenses listed	95936
or described in divisions (A)(3)(a) to (e) of section 109.572 of	95937
the Revised Code.	95938

(3) "Owner" means a person who has an ownership interest in a	95939
medicaid provider ~~or applicant to be a provider~~ in an amount	95940
designated in rules ~~adopted under~~authorized by this section.	95941

(4) "Person subject to the criminal records check	95942
requirement" means the following:	95943

(a) A medicaid provider ~~or applicant to be a provider~~ who is	95944
notified under division (E)(1) of this section that the provider	95945
~~or applicant~~ is subject to a criminal records check;	95946

(b) An owner or prospective owner, officer or prospective	95947
officer, or board member or prospective board member of a medicaid	95948
provider ~~or applicant to be a provider~~ if, pursuant to division	95949
(E)(1)(a) of this section, the owner or prospective owner, officer	95950
or prospective officer, or board member or prospective board	95951
member is specified in information given to the provider or	95952
~~applicant~~ under division (E)(1) of this section;	95953

(c) An employee or prospective employee of a medicaid	95954
provider ~~or applicant to be a provider~~ if both of the following	95955
apply:	95956

(i) The employee or prospective employee is specified,	95957
pursuant to division (E)(1)(b) of this section, in information	95958
given to the provider ~~or applicant~~ under division (E)(1) of this	95959
section.	95960

(ii) The provider ~~or applicant~~ is not prohibited by division	95961
(D)(3)(b) of this section from employing the employee or	95962
prospective employee.	95963

(5) ~~"Provider" means a person, institution, or entity that~~	95964
~~has a medicaid provider agreement with the department of job and~~	95965
~~family services.~~	95966

~~(6)~~ "Responsible entity" means the following:

95967

(a) With respect to a criminal records check required under	95968
this section for a medicaid provider ~~or applicant to be a~~	95969
~~provider~~, the department of ~~job and family services~~medicaid or	95970
the department's designee;	95971

(b) With respect to a criminal records check required under	95972
this section for an owner or prospective owner, officer or	95973
prospective officer, board member or prospective board member, or	95974
employee or prospective employee of a medicaid provider or	95975
~~applicant to be a provider~~, the provider ~~or applicant~~.	95976

(B) This section does not apply to any individual who is	95977
subject to a criminal records check under section 3712.09,	95978
3721.121, ~~5111.034,~~ 5123.081, or 5123.169, or 5164.341 of the	95979
Revised Code or any individual who is subject to a database review	95980
or criminal records check under section ~~173.394~~173.38, 3701.881,	95981
or ~~5111.033~~5164.342 of the Revised Code.	95982

(C) The department of ~~job and family services~~medicaid may do	95983
any of the following:	95984

(1) Require that any medicaid provider ~~or applicant to be a~~	95985
~~provider~~ submit to a criminal records check as a condition of	95986
~~having~~obtaining or maintaining a ~~medicaid~~ provider agreement;	95987

(2) Require that any medicaid provider ~~or applicant to be a~~	95988
~~provider~~ require an owner or prospective owner, officer or	95989
prospective officer, or board member or prospective board member	95990
of the provider ~~or applicant~~ submit to a criminal records check as	95991
a condition of being an owner, officer, or board member of the	95992
provider ~~or applicant~~;	95993

(3) Require that any medicaid provider ~~or applicant to be a~~	95994
~~provider~~ do the following:	95995

(a) If so required by rules ~~adopted under~~authorized by this	95996
section, determine pursuant to a database review conducted under	95997
division (F)(1)(a) of this section whether any employee or	95998
prospective employee of the provider ~~or applicant~~ is included in a	95999
database;	96000

(b) Unless the provider ~~or applicant~~ is prohibited by	96001
division (D)(3)(b) of this section from employing the employee or	96002
prospective employee, require the employee or prospective employee	96003
to submit to a criminal records check as a condition of being an	96004
employee of the provider ~~or applicant~~.	96005

(D)(1) The department or the department's designee shall deny	96006
or terminate a medicaid provider's ~~medicaid~~ provider agreement or	96007
~~deny an applicant's application for a medicaid provider agreement~~	96008
if the provider ~~or applicant~~ is a person subject to the criminal	96009
records check requirement and either of the following applies:	96010

(a) The provider ~~or applicant~~ fails to obtain the criminal	96011
records check after being given the information specified in	96012
division (G)(1) of this section.	96013

(b) Except as provided in rules ~~adopted under~~authorized by	96014
this section, the provider ~~or applicant~~ is found by the criminal	96015
records check to have been convicted of,or have pleaded guilty	96016
to~~, or been found eligible for intervention in lieu of conviction~~	96017
~~for~~ a disqualifying offense, regardless of the date of the	96018
conviction,or the date of entry of the guilty plea~~, or the date~~	96019
~~the applicant or provider was found eligible for intervention in~~	96020
~~lieu of conviction~~.	96021

(2) No medicaid provider ~~or applicant to be a provider~~ shall	96022
permit a person to be an owner, officer, or board member of the	96023
provider ~~or applicant~~ if the person is a person subject to the	96024
criminal records check requirement and either of the following	96025
applies:	96026

(a) The person fails to obtain the criminal records check	96027
after being given the information specified in division (G)(1) of	96028
this section.	96029

(b) Except as provided in rules ~~adopted under~~authorized by	96030
this section, the person is found by the criminal records check to	96031
have been convicted of,or have pleaded guilty to~~, or been found~~	96032
~~eligible for intervention in lieu of conviction for~~ a	96033
disqualifying offense, regardless of the date of the conviction,	96034
or the date of entry of the guilty plea~~, or the date the person~~	96035
~~was found eligible for intervention in lieu of conviction~~.	96036

(3) No medicaid provider ~~or applicant to be a provider~~ shall	96037
employ a person if any of the following apply:	96038

(a) The person has been excluded from ~~providing services or~~	96039
~~items under the~~being a medicaid ~~program~~provider, ~~the~~a medicare	96040
~~program operated pursuant to Title XVIII of the "Social Security~~	96041
~~Act~~provider," or provider for any other federal health care	96042
program.	96043

(b) If the person is subject to a database review conducted	96044
under division (F)(1)(a) of this section, the person is found by	96045
the database review to be included in a database and the rules	96046
~~adopted under~~authorized by this section regarding the database	96047
review prohibit the provider ~~or applicant~~ from employing a person	96048
included in the database.	96049

(c) If the person is a person subject to the criminal records	96050
check requirement, either of the following applies:	96051

(i) The person fails to obtain the criminal records check	96052
after being given the information specified in division (G)(1) of	96053
this section.	96054

(ii) Except as provided in rules ~~adopted under~~authorized by	96055
this section, the person is found by the criminal records check to	96056
have been convicted of,or have pleaded guilty to~~, or been found~~	96057
~~eligible for intervention in lieu of conviction for~~ a	96058
disqualifying offense, regardless of the date of the conviction,	96059
or the date of entry of the guilty plea~~, or the date the person~~	96060
~~was found eligible for intervention in lieu of conviction~~.	96061

(E)(1) The department or the department's designee shall	96062
inform each medicaid provider ~~or applicant to be a provider~~	96063
whether the provider ~~or applicant~~ is subject to a criminal records	96064
check. For providers with valid provider agreements, the	96065
information shall be given at times designated in rules ~~adopted~~	96066
~~under~~authorized by this section. For ~~applicants~~providers	96067
applying to be medicaid providers, the information shall be given	96068
at the time of initial application. When the information is given,	96069
the department or the department's designee shall specify the	96070
following:	96071

(a) Which of the provider's ~~or applicant's~~ owners or	96072
prospective owners, officers or prospective officers, or board	96073
members or prospective board members are subject to a criminal	96074
records check;	96075

(b) Which of the provider's ~~or applicant's~~ employees or	96076
prospective employees are subject to division (C)(3) of this	96077
section.	96078

(2) At times designated in rules ~~adopted under~~authorized by	96079
this section, a medicaid provider ~~or applicant to be a provider~~	96080
that is a person subject to the criminal records check requirement	96081
shall do the following:	96082

(a) Inform each person specified under division (E)(1)(a) of	96083
this section that the person is required to submit to a criminal	96084
records check as a condition of being an owner, officer, or board	96085
member of the provider ~~or applicant~~;	96086

(b) Inform each person specified under division (E)(1)(b) of	96087
this section that the person is subject to division (C)(3) of this	96088
section.	96089

(F)(1) If a medicaid provider ~~or applicant to be a provider~~	96090
is a person subject to the criminal records check requirement, the	96091
department or the department's designee shall require the conduct	96092
of a criminal records check by the superintendent of the bureau of	96093
criminal identification and investigation. A medicaid provider or	96094
~~applicant to be a provider~~ shall require the conduct of a criminal	96095
records check by the superintendent with respect to each of the	96096
persons specified under division (E)(1)(a) of this section. With	96097
respect to each employee and prospective employee specified under	96098
division (E)(1)(b) of this section, a medicaid provider or	96099
~~applicant to be a provider~~ shall do the following:	96100

(a) If rules ~~adopted under~~authorized by this section require	96101
the provider ~~or applicant~~ to conduct a database review to	96102
determine whether the employee or prospective employee is included	96103
in a database, conduct the database review in accordance with the	96104
rules;	96105

(b) Unless the provider ~~or applicant~~ is prohibited by	96106
division (D)(3)(b) of this section from employing the employee or	96107
prospective employee, require the conduct of a criminal records	96108
check of the employee or prospective employee by the	96109
superintendent.	96110

(2) If a person subject to the criminal records check	96111
requirement does not present proof of having been a resident of	96112
this state for the five-year period immediately prior to the date	96113
the criminal records check is requested or provide evidence that	96114
within that five-year period the superintendent has requested	96115
information about the person from the federal bureau of	96116
investigation in a criminal records check, the responsible entity	96117
shall require the person to request that the superintendent obtain	96118
information from the federal bureau of investigation as part of	96119
the criminal records check of the person. Even if the person	96120
presents proof of having been a resident of this state for the	96121
five-year period, the responsible entity may require that the	96122
person request that the superintendent obtain information from the	96123
federal bureau of investigation and include it in the criminal	96124
records check of the person.	96125

(G) Criminal records checks required by this section shall be	96126
obtained as follows:	96127

(1) The responsible entity shall provide each person subject	96128
to the criminal records check requirement information about	96129
accessing and completing the form prescribed pursuant to division	96130
(C)(1) of section 109.572 of the Revised Code and the standard	96131
impression sheet prescribed pursuant to division (C)(2) of that	96132
section.	96133

(2) The person subject to the criminal records check	96134
requirement shall submit the required form and one complete set of	96135
the person's fingerprint impressions directly to the	96136
superintendent for purposes of conducting the criminal records	96137
check using the applicable methods prescribed by division (C) of	96138
section 109.572 of the Revised Code. The person shall pay all fees	96139
associated with obtaining the criminal records check.	96140

(3) The superintendent shall conduct the criminal records	96141
check in accordance with section 109.572 of the Revised Code. The	96142
person subject to the criminal records check requirement shall	96143
instruct the superintendent to submit the report of the criminal	96144
records check directly to the responsible entity. If the	96145
department or the department's designee is not the responsible	96146
entity, the department or designee may require the responsible	96147
entity to submit the report to the department or designee.	96148

(H)(1) A medicaid provider ~~or applicant to be a provider~~ may	96149
employ conditionally a person for whom a criminal records check is	96150
required by this section prior to obtaining the results of the	96151
criminal records check if both of the following apply:	96152

(a) The provider ~~or applicant~~ is not prohibited by division	96153
(D)(3)(b) of this section from employing the person.	96154

(b) The person submits a request for the criminal records	96155
check not later than five business days after the person begins	96156
conditional employment.	96157

(2) A medicaid provider ~~or applicant to be a provider~~ that	96158
employs a person conditionally under division (H)(1) of this	96159
section shall terminate the person's employment if the results of	96160
the criminal records check request are not obtained within the	96161
period ending sixty days after the date the request is made.	96162
Regardless of when the results of the criminal records check are	96163
obtained, if the results indicate that the person has been	96164
convicted of,or has pleaded guilty to~~, or has been found eligible~~	96165
~~for intervention in lieu of conviction for~~ a disqualifying	96166
offense, the provider ~~or applicant~~ shall terminate the person's	96167
employment unless circumstances specified in rules ~~adopted under~~	96168
authorized by this section exist that permit the provider or	96169
~~applicant~~ to employ the person and the provider ~~or applicant~~	96170
chooses to employ the person.	96171

(I) The report of a criminal records check conducted pursuant	96172
to this section is not a public record for the purposes of section	96173
149.43 of the Revised Code and shall not be made available to any	96174
person other than the following:	96175

(1) The person who is the subject of the criminal records	96176
check or the person's representative;	96177

(2) The medicaid director ~~of job and family services~~ and the	96178
staff of the department who are involved in the administration of	96179
the medicaid program;	96180

(3) The department's designee;

96181

(4) The medicaid provider ~~or applicant to be a provider~~ who	96182
required the person who is the subject of the criminal records	96183
check to submit to the criminal records check;	96184

(5) An individual receiving or deciding whether to receive,	96185
from the subject of the criminal records check, home and	96186
community-based services available under the medicaid state plan;	96187

(6) A court, hearing officer, or other necessary individual	96188
involved in a case dealing with any of the following:	96189

(a) The denial or termination of a ~~medicaid~~ provider	96190
agreement;	96191

(b) A person's denial of employment, termination of	96192
employment, or employment or unemployment benefits;	96193

(c) A civil or criminal action regarding the medicaid	96194
program.	96195

(J) The medicaid director ~~of job and family services~~ may	96196
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	96197
of the Revised Code to implement this section. If the director	96198
adopts such rules, the rules shall designate the times at which a	96199
criminal records check must be conducted under this section. The	96200
rules may do any of the following:	96201

(1) Designate the categories of persons who are subject to a	96202
criminal records check under this section;	96203

(2) Specify circumstances under which the department or the	96204
department's designee may continue a ~~medicaid~~ provider agreement	96205
or issue a ~~medicaid~~ provider agreement ~~to an applicant~~ when the	96206
medicaid provider ~~or applicant~~ is found by a criminal records	96207
check to have been convicted of, pleaded guilty to, or been found	96208
eligible for intervention in lieu of conviction for a	96209
disqualifying offense;	96210

(3) Specify circumstances under which a medicaid provider or	96211
~~applicant to be a provider~~ may permit a person to be an employee,	96212
owner, officer, or board member of the provider ~~or applicant,~~ when	96213
the person is found by a criminal records check conducted pursuant	96214
to this section to have been convicted of,or have pleaded guilty	96215
to~~, or been found eligible for intervention in lieu of conviction~~	96216
~~for~~ a disqualifying offense;	96217

(4) Specify all of the following:

96218

(a) The circumstances under which a database review must be	96219
conducted under division (F)(1)(a) of this section to determine	96220
whether an employee or prospective employee of a medicaid provider	96221
~~or applicant to be a provider~~ is included in a database;	96222

(b) The procedures for conducting the database review;

96223

96224

(d) The circumstances under which a medicaid provider or	96225
~~applicant to be a provider~~ is prohibited from employing a person	96226
who is found by the database review to be included in a database.	96227

~~Sec. 5111.034.~~ Sec. 5164.341. (A) As used in this section:

96228

"Anniversary date" means the later of the effective date of	96229
the provider agreement relating to the independent provider or	96230
sixty days after September 26, 2003.	96231

"Applicant" means a person who has applied for a ~~medicaid~~	96232
provider agreement to provide home and community-based services as	96233
an independent provider under a home and community-based medicaid	96234
waiver component administered by the department of ~~job and family~~	96235
~~services~~medicaid.	96236

"Criminal records check" has the same meaning as in section	96237
109.572 of the Revised Code.	96238

"Disqualifying offense" means any of the offenses listed or	96239
described in divisions (A)(3)(a) to (e) of section 109.572 of the	96240
Revised Code.	96241

"Independent provider" means a person who has a ~~medicaid~~	96242
provider agreement to provide home and community-based services as	96243
an independent provider in a home and community-based services	96244
medicaid waiver component administered by the department of ~~job~~	96245
~~and family services~~medicaid.	96246

~~"Home and community-based services medicaid waiver component"~~	96247
~~has the same meaning as in section 5111.85 of the Revised Code.~~	96248

(B) The department of ~~job and family services~~medicaid or the	96249
department's designee shall deny an applicant's application for a	96250
~~medicaid~~ provider agreement and shall terminate an independent	96251
provider's ~~medicaid~~ provider agreement if either of the following	96252
applies:	96253

(1) After the applicant or independent provider is given the	96254
information and notification required by divisions (D)(2)(a) and	96255
(b) of this section, the applicant or independent provider fails	96256
to do either of the following:	96257

(a) Access, complete, or forward to the superintendent of the	96258
bureau of criminal identification and investigation the form	96259
prescribed pursuant to division (C)(1) of section 109.572 of the	96260
Revised Code or the standard impression sheet prescribed pursuant	96261
to division (C)(2) of that section;	96262

(b) Instruct the superintendent to submit the completed	96263
report of the criminal records check required by this section	96264
directly to the department or the department's designee.	96265

(2) Except as provided in rules ~~adopted under~~authorized by	96266
this section, the applicant or independent provider is found by a	96267
criminal records check required by this section to have been	96268
convicted of,or have pleaded guilty to~~, or been found eligible~~	96269
~~for intervention in lieu of conviction for~~ a disqualifying	96270
offense, regardless of the date of the conviction,or the date of	96271
entry of the guilty plea~~, or the date the applicant or independent~~	96272
~~provider was found eligible for intervention in lieu of~~	96273
~~conviction~~.	96274

(C)(1) The department or the department's designee shall	96275
inform each applicant, at the time of initial application for a	96276
~~medicaid~~ provider agreement, that the applicant is required to	96277
provide a set of the applicant's fingerprint impressions and that	96278
a criminal records check is required to be conducted as a	96279
condition of the department's approving the application.	96280

(2) Beginning on September 26, 2003, the department or the	96281
department's designee shall inform each independent provider on or	96282
before the time of the anniversary date of the ~~medicaid~~ provider	96283
agreement that the independent provider is required to provide a	96284
set of the independent provider's fingerprint impressions and that	96285
a criminal records check is required to be conducted.	96286

(D)(1) The department or the department's designee shall	96287
require an applicant to complete a criminal records check prior to	96288
entering into a ~~medicaid~~ provider agreement with the applicant.	96289
The department or the department's designee shall require an	96290
independent provider to complete a criminal records check at least	96291
annually. If an applicant or independent provider for whom a	96292
criminal records check is required by this section does not	96293
present proof of having been a resident of this state for the	96294
five-year period immediately prior to the date the criminal	96295
records check is requested or provide evidence that within that	96296
five-year period the superintendent of the bureau of criminal	96297
identification and investigation has requested information about	96298
the applicant or independent provider from the federal bureau of	96299
investigation in a criminal records check, the department or the	96300
department's designee shall request that the applicant or	96301
independent provider obtain through the superintendent a criminal	96302
records request from the federal bureau of investigation as part	96303
of the criminal records check of the applicant or independent	96304
provider. Even if an applicant or independent provider for whom a	96305
criminal records check request is required by this section	96306
presents proof of having been a resident of this state for the	96307
five-year period, the department or the department's designee may	96308
request that the applicant or independent provider obtain	96309
information through the superintendent from the federal bureau of	96310
investigation in the criminal records check.	96311

(2) The department or the department's designee shall provide	96312
the following to each applicant and independent provider for whom	96313
a criminal records check is required by this section:	96314

(a) Information about accessing, completing, and forwarding	96315
to the superintendent of the bureau of criminal identification and	96316
investigation the form prescribed pursuant to division (C)(1) of	96317
section 109.572 of the Revised Code and the standard impression	96318
sheet prescribed pursuant to division (C)(2) of that section;	96319

(b) Written notification that the applicant or independent	96320
provider is to instruct the superintendent to submit the completed	96321
report of the criminal records check directly to the department or	96322
the department's designee.	96323

(3) Each applicant and independent provider for whom a	96324
criminal records check is required by this section shall pay to	96325
the bureau of criminal identification and investigation the fee	96326
prescribed pursuant to division (C)(3) of section 109.572 of the	96327
Revised Code for the criminal records check conducted of the	96328
applicant or independent provider.	96329

(E) The report of any criminal records check conducted by the	96330
bureau of criminal identification and investigation in accordance	96331
with section 109.572 of the Revised Code and pursuant to a request	96332
made under this section is not a public record for the purposes of	96333
section 149.43 of the Revised Code and shall not be made available	96334
to any person other than the following:	96335

(1) The person who is the subject of the criminal records	96336
check or the person's representative;	96337

(2) The medicaid director ~~of job and family services~~ and the	96338
staff of the department who are involved in the administration of	96339
the medicaid program;	96340

(3) The department's designee;

96341

(4) An individual ~~who receives~~receiving or deciding whether	96342
to receive home and community-based services from the person who	96343
is the subject of the criminal records check;	96344

(5) A court, hearing officer, or other necessary individual	96345
involved in a case dealing with either of the following:	96346

(a) A denial or termination of a provider agreement related	96347
to the criminal records check;	96348

(b) A civil or criminal action regarding the medicaid	96349
program.	96350

(F) The medicaid director ~~of job and family services~~ shall	96351
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	96352
of the Revised Code to implement this section. The rules shall	96353
specify circumstances under which the department or the	96354
department's designee may either approve an applicant's	96355
application or allow an independent provider to maintain an	96356
existing ~~medicaid~~ provider agreement even though the applicant or	96357
independent provider is found by a criminal records check required	96358
by this section to have been convicted of,or have pleaded guilty	96359
to~~, or been found eligible for intervention in lieu of conviction~~	96360
~~for~~ a disqualifying offense.	96361

~~Sec. 5111.033.~~ Sec. 5164.342. (A) As used in this section:

96362

"Applicant" means a person who is under final consideration	96363
for employment with a waiver agency in a full-time, part-time, or	96364
temporary position that involves providing home and	96365
community-based services..	96366

"Community-based long-term care ~~agency~~provider" ~~has the same~~	96367
~~meaning~~means a provider as defined in section 173.39 of the	96368
Revised Code.	96369

"Community-based long-term care subcontractor" means a	96370
subcontractor as defined in section 173.38 of the Revised Code.	96371

"Criminal records check" has the same meaning as in section	96372
109.572 of the Revised Code.	96373

"Disqualifying offense" means any of the offenses listed or	96374
described in divisions (A)(3)(a) to (e) of section 109.572 of the	96375
Revised Code.	96376

"Employee" means a person employed by a waiver agency in a	96377
full-time, part-time, or temporary position that involves	96378
providing home and community-based services.	96379

~~"Home and community-based services medicaid waiver component"~~	96380
~~has the same meaning as in section 5111.85 of the Revised Code.~~	96381

"Waiver agency" means a person or government entity that	96382
provides home and community-based services under a home and	96383
community-based services medicaid waiver component administered by	96384
the department of ~~job and family services~~medicaid, other than	96385
such a person or government entity that is certified under the	96386
medicare program. "Waiver agency" does not mean an independent	96387
provider as defined in section ~~5111.034~~5164.341 of the Revised	96388
Code.	96389

(B) This section does not apply to any individual who is	96390
subject to a database review or criminal records check under	96391
section 3701.881 of the Revised Code. If a waiver agency also is a	96392
community-based long-term care ~~agency~~provider or community-based	96393
long-term care subcontractor, the waiver agency may provide for	96394
applicants and employees to undergo database reviews and criminal	96395
records checks in accordance with section ~~173.394~~173.38 of the	96396
Revised Code rather than this section.	96397

(C) No waiver agency shall employ an applicant or continue to	96398
employ an employee in a position that involves providing home and	96399
community-based services if any of the following apply:	96400

(1) A review of the databases listed in division (E) of this	96401
section reveals any of the following:	96402

(a) That the applicant or employee is included in one or more	96403
of the databases listed in divisions (E)(1) to (5) of this	96404
section;	96405

(b) That there is in the state nurse aide registry	96406
established under section 3721.32 of the Revised Code a statement	96407
detailing findings by the director of health that the applicant or	96408
employee neglected or abused a long-term care facility or	96409
residential care facility resident or misappropriated property of	96410
such a resident;	96411

(c) That the applicant or employee is included in one or more	96412
of the databases, if any, specified in rules ~~adopted under~~	96413
authorized by this section and the rules prohibit the waiver	96414
agency from employing an applicant or continuing to employ an	96415
employee included in such a database in a position that involves	96416
providing home and community-based services.	96417

(2) After the applicant or employee is given the information	96418
and notification required by divisions (F)(2)(a) and (b) of this	96419
section, the applicant or employee fails to do either of the	96420
following:	96421

(a) Access, complete, or forward to the superintendent of the	96422
bureau of criminal identification and investigation the form	96423
prescribed to division (C)(1) of section 109.572 of the Revised	96424
Code or the standard impression sheet prescribed pursuant to	96425
division (C)(2) of that section;	96426

(b) Instruct the superintendent to submit the completed	96427
report of the criminal records check required by this section	96428
directly to the chief administrator of the waiver agency.	96429

(3) Except as provided in rules ~~adopted under~~authorized by	96430
this section, the applicant or employee is found by a criminal	96431
records check required by this section to have been convicted of,	96432
or have pleaded guilty to~~, or been found eligible for intervention~~	96433
~~in lieu of conviction for~~ a disqualifying offense, regardless of	96434
the date of the conviction,or date of entry of the guilty plea,	96435
~~or the date the applicant or employee was found eligible for~~	96436
~~intervention in lieu of conviction~~.	96437

(D) At the time of each applicant's initial application for	96438
employment in a position that involves providing home and	96439
community-based services, the chief administrator of a waiver	96440
agency shall inform the applicant of both of the following:	96441

(1) That a review of the databases listed in division (E) of	96442
this section will be conducted to determine whether the waiver	96443
agency is prohibited by division (C)(1) of this section from	96444
employing the applicant in the position;	96445

(2) That, unless the database review reveals that the	96446
applicant may not be employed in the position, a criminal records	96447
check of the applicant will be conducted and the applicant is	96448
required to provide a set of the applicant's fingerprint	96449
impressions as part of the criminal records check.	96450

(E) As a condition of employing any applicant in a position	96451
that involves providing home and community-based services, the	96452
chief administrator of a waiver agency shall conduct a database	96453
review of the applicant in accordance with rules ~~adopted under~~	96454
authorized by this section. If rules ~~adopted under~~authorized by	96455
this section so require, the chief administrator of a waiver	96456
agency shall conduct a database review of an employee in	96457
accordance with the rules as a condition of continuing to employ	96458
the employee in a position that involves providing home and	96459
community-based services. A database review shall determine	96460
whether the applicant or employee is included in any of the	96461
following:	96462

(1) The excluded parties list system that is maintained by	96463
the United States general services administration pursuant to	96464
subpart 9.4 of the federal acquisition regulation and available at	96465
the federal web site known as the system for award management;	96466

(2) The list of excluded individuals and entities maintained	96467
by the office of inspector general in the United States department	96468
of health and human services pursuant to ~~section 1128 of~~ the	96469
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	96470
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	96471
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	96472
~~amended~~;	96473

(3) The registry of MR/DD employees established under section	96474
5123.52 of the Revised Code;	96475

(4) The internet-based sex offender and child-victim offender	96476
database established under division (A)(11) of section 2950.13 of	96477
the Revised Code;	96478

(5) The internet-based database of inmates established under	96479
section 5120.66 of the Revised Code;	96480

(6) The state nurse aide registry established under section	96481
3721.32 of the Revised Code;	96482

(7) Any other database, if any, specified in rules ~~adopted~~	96483
~~under~~authorized by this section.	96484

(F)(1) As a condition of employing any applicant in a	96485
position that involves providing home and community-based	96486
services, the chief administrator of a waiver agency shall require	96487
the applicant to request that the superintendent of the bureau of	96488
criminal identification and investigation conduct a criminal	96489
records check of the applicant. If rules ~~adopted under~~authorized	96490
by this section so require, the chief administrator of a waiver	96491
agency shall require an employee to request that the	96492
superintendent conduct a criminal records check of the employee at	96493
times specified in the rules as a condition of continuing to	96494
employ the employee in a position that involves providing home and	96495
community-based services. However, a criminal records check is not	96496
required for an applicant or employee if the waiver agency is	96497
prohibited by division (C)(1) of this section from employing the	96498
applicant or continuing to employ the employee in a position that	96499
involves providing home and community-based services. If an	96500
applicant or employee for whom a criminal records check request is	96501
required by this section does not present proof of having been a	96502
resident of this state for the five-year period immediately prior	96503
to the date the criminal records check is requested or provide	96504
evidence that within that five-year period the superintendent has	96505
requested information about the applicant or employee from the	96506
federal bureau of investigation in a criminal records check, the	96507
chief administrator shall require the applicant or employee to	96508
request that the superintendent obtain information from the	96509
federal bureau of investigation as part of the criminal records	96510
check. Even if an applicant or employee for whom a criminal	96511
records check request is required by this section presents proof	96512
of having been a resident of this state for the five-year period,	96513
the chief administrator may require the applicant or employee to	96514
request that the superintendent include information from the	96515
federal bureau of investigation in the criminal records check.	96516

(2) The chief administrator shall provide the following to	96517
each applicant and employee for whom a criminal records check is	96518
required by this section:	96519

(a) Information about accessing, completing, and forwarding	96520
to the superintendent of the bureau of criminal identification and	96521
investigation the form prescribed pursuant to division (C)(1) of	96522
section 109.572 of the Revised Code and the standard impression	96523
sheet prescribed pursuant to division (C)(2) of that section;	96524

(b) Written notification that the applicant or employee is to	96525
instruct the superintendent to submit the completed report of the	96526
criminal records check directly to the chief administrator.	96527

(3) A waiver agency shall pay to the bureau of criminal	96528
identification and investigation the fee prescribed pursuant to	96529
division (C)(3) of section 109.572 of the Revised Code for any	96530
criminal records check required by this section. However, a waiver	96531
agency may require an applicant to pay to the bureau the fee for a	96532
criminal records check of the applicant. If the waiver agency pays	96533
the fee for an applicant, it may charge the applicant a fee not	96534
exceeding the amount the waiver agency pays to the bureau under	96535
this section if the waiver agency notifies the applicant at the	96536
time of initial application for employment of the amount of the	96537
fee and that, unless the fee is paid, the applicant will not be	96538
considered for employment.	96539

(G)(1) A waiver agency may employ conditionally an applicant	96540
for whom a criminal records check is required by this section	96541
prior to obtaining the results of the criminal records check if	96542
both of the following apply:	96543

(a) The waiver agency is not prohibited by division (C)(1) of	96544
this section from employing the applicant in a position that	96545
involves providing home and community-based services.	96546

(b) The chief administrator of the waiver agency requires the	96547
applicant to request a criminal records check regarding the	96548
applicant in accordance with division (F)(1) of this section not	96549
later than five business days after the applicant begins	96550
conditional employment.	96551

(2) A waiver agency that employs an applicant conditionally	96552
under division (G)(1) of this section shall terminate the	96553
applicant's employment if the results of the criminal records	96554
check, other than the results of any request for information from	96555
the federal bureau of investigation, are not obtained within the	96556
period ending sixty days after the date the request for the	96557
criminal records check is made. Regardless of when the results of	96558
the criminal records check are obtained, if the results indicate	96559
that the applicant has been convicted of,or has pleaded guilty	96560
to~~, or has been found eligible for intervention in lieu of~~	96561
~~conviction for~~ a disqualifying offense, the waiver agency shall	96562
terminate the applicant's employment unless circumstances	96563
specified in rules ~~adopted under~~authorized by this section exist	96564
that permit the waiver agency to employ the applicant and the	96565
waiver agency chooses to employ the applicant.	96566

(H) The report of any criminal records check conducted	96567
pursuant to a request made under this section is not a public	96568
record for the purposes of section 149.43 of the Revised Code and	96569
shall not be made available to any person other than the	96570
following:	96571

(1) The applicant or employee who is the subject of the	96572
criminal records check or the representative of the applicant or	96573
employee;	96574

(2) The chief administrator of the waiver agency that	96575
requires the applicant or employee to request the criminal records	96576
check or the administrator's representative;	96577

(3) The medicaid director ~~of job and family services~~ and the	96578
staff of the department who are involved in the administration of	96579
the medicaid program;	96580

(4) The director of aging or the director's designee if the	96581
waiver agency also is a community-based long-term care ~~agency~~	96582
provider or community-based long-term care subcontractor;	96583

(5) An individual receiving or deciding whether to receive	96584
home and community-based services from the subject of the criminal	96585
records check;	96586

(6) A court, hearing officer, or other necessary individual	96587
involved in a case dealing with any of the following:	96588

(a) A denial of employment of the applicant or employee;

96589

(b) Employment or unemployment benefits of the applicant or	96590
employee;	96591

(c) A civil or criminal action regarding the medicaid	96592
program.	96593

(I) The medicaid director ~~of job and family services~~ shall	96594
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	96595
of the Revised Code to implement this section.	96596

(1) The rules may do the following:

96597

(a) Require employees to undergo database reviews and	96598
criminal records checks under this section;	96599

(b) If the rules require employees to undergo database	96600
reviews and criminal records checks under this section, exempt one	96601
or more classes of employees from the requirements;	96602

(c) For the purpose of division (E)(7) of this section,	96603
specify other databases that are to be checked as part of a	96604
database review conducted under this section.	96605

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

96606

(a) The procedures for conducting a database review under	96607
this section;	96608

(b) If the rules require employees to undergo database	96609
reviews and criminal records checks under this section, the times	96610
at which the database reviews and criminal records checks are to	96611
be conducted;	96612

(c) If the rules specify other databases to be checked as	96613
part of a database review, the circumstances under which a waiver	96614
agency is prohibited from employing an applicant or continuing to	96615
employ an employee who is found by the database review to be	96616
included in one or more of those databases;	96617

(d) The circumstances under which a waiver agency may employ	96618
an applicant or employee who is found by a criminal records check	96619
required by this section to have been convicted of,or have	96620
pleaded guilty to~~, or been found eligible for intervention in lieu~~	96621
~~of conviction for~~ a disqualifying offense.	96622

(J) The amendments made by H.B. 487 of the 129th general	96623
assembly to this section do not preclude the department of ~~job~~	96624
~~and family services~~medicaid from taking action against a person	96625
for failure to comply with former division (H) of this section as	96626
that division existed on the day preceding ~~the effective date of~~	96627
~~this amendment~~January 1, 2013.	96628

~~Sec. 5111.03.~~ Sec. 5164.35. (A) As used in this section, "owner"	96629
means any person having at least five per cent ownership in a	96630
medicaid provider.	96631

(B)(1) No medicaid provider ~~of services or goods contracting~~	96632
~~with the department of job and family services pursuant to the~~	96633
~~medicaid program~~ shall~~, by~~do any of the following:	96634

(a) By deception, obtain or attempt to obtain payments under	96635
~~this chapter~~the medicaid program to which the provider is not	96636
entitled pursuant to the provider's provider agreement, or the	96637
rules of the federal government or the ~~department of job and~~	96638
~~family services~~medicaid director relating to the program~~. No~~	96639
~~provider shall willfully~~;	96640

(b) Willfully receive payments to which the provider is not	96641
entitled~~, or willfully~~;	96642

(c) Willfully receive payments in a greater amount than that	96643
to which the provider is entitled; ~~nor shall any provider falsify~~	96644

(d) Falsify any report or document required by state or	96645
federal law, rule, or provider agreement relating to medicaid	96646
payments. ~~As used in this section, a~~	96647

(2) A medicaid provider engages in "deception" for the	96648
purpose of this section when the provider, acting with actual	96649
knowledge of the representation or information involved, acting in	96650
deliberate ignorance of the truth or falsity of the representation	96651
or information involved, or acting in reckless disregard of the	96652
truth or falsity of the representation or information involved,	96653
deceives another or causes another to be deceived by any false or	96654
misleading representation, by withholding information, by	96655
preventing another from acquiring information, or by any other	96656
conduct, act, or omission that creates, confirms, or perpetuates a	96657
false impression in another, including a false impression as to	96658
law, value, state of mind, or other objective or subjective fact.	96659
No proof of specific intent to defraud is required to show, for	96660
purposes of this section, that a medicaid provider has engaged in	96661
deception.	96662

~~(B)~~(C) Any medicaid provider who violates division ~~(A)~~(B) of	96663
this section shall be liable, in addition to any other penalties	96664
provided by law, for all of the following civil penalties:	96665

(1) Payment of interest on the amount of the excess payments	96666
at the maximum interest rate allowable for real estate mortgages	96667
under section 1343.01 of the Revised Code on the date the payment	96668
was made to the provider for the period from the date upon which	96669
payment was made, to the date upon which repayment is made to the	96670
state;	96671

(2) Payment of an amount equal to three times the amount of	96672
any excess payments;	96673

(3) Payment of a sum of not less than five thousand dollars	96674
and not more than ten thousand dollars for each deceptive claim or	96675
falsification;	96676

(4) All reasonable expenses which the court determines have	96677
been necessarily incurred by the state in the enforcement of this	96678
section.	96679

~~(C) As used in this division, "intermediate care facility for~~	96680
~~the mentally retarded" and "nursing facility" have the same~~	96681
~~meanings given in section 5111.20 of the Revised Code.~~	96682

(D) In addition to the civil penalties provided in division	96683
~~(B)~~(C) of this section, the medicaid director ~~of job and family~~	96684
~~services~~, upon the conviction of, or the entry of a judgment in	96685
either a criminal or civil action against, a medicaid provider or	96686
its owner, officer, authorized agent, associate, manager, or	96687
employee in an action brought pursuant to section 109.85 of the	96688
Revised Code, shall terminate the provider's provider agreement	96689
~~between the department and the provider~~ and stop ~~reimbursement~~	96690
payment to the provider for medicaid services rendered from the	96691
date of conviction or entry of judgment. ~~As used in this division,~~	96692
~~"owner" means any person having at least five per cent ownership~~	96693
~~in the medicaid provider.~~ No such medicaid provider, owner,	96694
officer, authorized agent, associate, manager, or employee shall	96695
own or provide medicaid services to any other medicaid provider or	96696
risk contractor or arrange for, render, or order medicaid services	96697
for medicaid recipients, nor shall such provider, owner, officer,	96698
authorized agent, associate, manager, or employee receive	96699
~~reimbursement in the form of~~ direct payments ~~from the department~~	96700
under the medicaid program or indirect payments of medicaid funds	96701
in the form of salary, shared fees, contracts, kickbacks, or	96702
rebates from or through any ~~participating~~other medicaid provider	96703
or risk contractor. The provider agreement shall not be terminated	96704
~~or reimbursement~~, and payment shall not be terminated, if the	96705
medicaid provider or owner can demonstrate that the provider or	96706
owner did not directly or indirectly sanction the action of its	96707
authorized agent, associate, manager, or employee that resulted in	96708
the conviction or entry of a judgment in a criminal or civil	96709
action brought pursuant to section 109.85 of the Revised Code.	96710
Nothing in this division prohibits any owner, officer, authorized	96711
agent, associate, manager, or employee of a medicaid provider from	96712
entering into a ~~medicaid~~ provider agreement if the person can	96713
demonstrate that the person had no knowledge of an action of the	96714
medicaid provider the person was formerly associated with that	96715
resulted in the conviction or entry of a judgment in a criminal or	96716
civil action brought pursuant to section 109.85 of the Revised	96717
Code.	96718

Nursing facility ~~or intermediate care facility for the~~	96719
~~mentally retarded~~and ICF/MR providers whose provider agreements	96720
are terminated pursuant to this section may continue to receive	96721
~~reimbursement~~medicaid payments for up to thirty days after the	96722
effective date of the termination if the provider makes reasonable	96723
efforts to transfer medicaid recipients to another facility or to	96724
alternate care and if federal ~~funds are~~financial participation is	96725
provided for ~~such reimbursement~~the payments.	96726

~~(D) For any reason permitted or required by federal law, the~~	96727
~~director of job and family services may deny a provider agreement~~	96728
~~or terminate a provider agreement.~~	96729

~~For any reason permitted or required by federal law, the~~	96730
~~director may exclude an individual, provider of services or goods,~~	96731
~~or other entity from participation in the medicaid program. No~~	96732
~~individual, provider, or entity excluded under this division shall~~	96733
~~own or provide services to any other medicaid provider or risk~~	96734
~~contractor or arrange for, render, or order services for medicaid~~	96735
~~recipients during the period of exclusion, nor, during the period~~	96736
~~of exclusion, shall such individual, provider, or entity receive~~	96737
~~reimbursement in the form of direct payments from the department~~	96738
~~or indirect payments of medicaid funds in the form of salary,~~	96739
~~shared fees, contracts, kickbacks, or rebates from or through any~~	96740
~~participating provider or risk contractor. An excluded individual,~~	96741
~~provider, or entity may request a reconsideration of the~~	96742
~~exclusion. The director shall adopt rules in accordance with~~	96743
~~Chapter 119. of the Revised Code governing the process for~~	96744
~~requesting a reconsideration.~~	96745

~~Nothing in this division limits the applicability of section~~	96746
~~5111.06 of the Revised Code to a medicaid provider.~~	96747

~~(E) Any provider of services or goods contracting with the~~	96748
~~department of job and family services pursuant to Title XIX of the~~	96749
~~"Social Security Act," who, without intent, obtains payments under~~	96750
~~this chapter in excess of the amount to which the provider is~~	96751
~~entitled, thereby becomes liable for payment of interest on the~~	96752
~~amount of the excess payments at the maximum real estate mortgage~~	96753
~~rate on the date the payment was made to the provider for the~~	96754
~~period from the date upon which payment was made to the date upon~~	96755
~~which repayment is made to the state.~~	96756

~~(F)~~(E) The attorney general on behalf of the state may	96757
commence proceedings to enforce this section in any court of	96758
competent jurisdiction; and the attorney general may settle or	96759
compromise any case brought under this section with the approval	96760
of the department of ~~job and family services~~medicaid.	96761
Notwithstanding any other provision of law providing a shorter	96762
period of limitations, the attorney general may commence a	96763
proceeding to enforce this section at any time within six years	96764
after the conduct in violation of this section terminates.	96765

~~(G) The authority, under state and federal law, of the~~	96766
~~department of job and family services or a county department of~~	96767
~~job and family services to recover excess payments made to a~~	96768
~~provider is not limited by the availability of remedies under~~	96769
~~sections 5111.11 and 5111.12 of the Revised Code for recovering~~	96770
~~benefits paid on behalf of recipients of medical assistance.~~	96771

~~The penalties under this chapter apply to any overpayment,~~	96772
~~billing, or falsification occurring on and after April 24, 1978.~~	96773
(F) All moneys collected by the state pursuant to this section	96774
shall be deposited in the state treasury to the credit of the	96775
general revenue fund.	96776

~~Sec. 5111.035.~~ Sec. 5164.36. (A) As used in this section:

96777

(1) "~~Creditable~~Credible allegation of fraud" has the same	96778
meaning as in 42 C.F.R. 455.2, except that for purposes of this	96779
section any reference in that regulation to the "state" or the	96780
"state medicaid agency" means the department of ~~job and family~~	96781
~~services~~medicaid.	96782

(2) ~~"Provider" has the same meaning as in section 5111.032 of~~	96783
~~the Revised Code.~~	96784

~~(3)~~ "Owner" has the same meaning as in section ~~5111.031~~	96785
5164.37 of the Revised Code.	96786

(B)(1) Except as provided in division (C) of this section and	96787
in rules ~~adopted~~authorized by ~~the department of job and family~~	96788
~~services under division (J) of~~ this section, on determining there	96789
is a ~~creditable~~credible allegation of fraud for which an	96790
investigation is pending under the medicaid program against a	96791
medicaid provider, the department of medicaid shall suspend the	96792
provider agreement held by the provider. Subject to division (C)	96793
of this section, the department shall also terminate medicaid	96794
~~reimbursement~~payments to the provider for services rendered.	96795

(2)(a) The suspension shall continue in effect until either	96796
of the following is the case:	96797

(i) The department or a prosecuting authority determines that	96798
there is insufficient evidence of fraud by the medicaid provider;	96799

(ii) The proceedings in any related criminal case are	96800
completed through dismissal of the indictment or through	96801
conviction, entry of a guilty plea, or finding of not guilty.	96802

(b) If the department commences a process to terminate the	96803
suspended provider agreement, the suspension shall also continue	96804
in effect until the termination process is concluded.	96805

(3) ~~Pursuant to section 5111.06 of the Revised Code, the~~	96806
~~department is not required to take action under division (B)(1) of~~	96807
~~this section by issuing an order pursuant to an adjudication in~~	96808
~~accordance with Chapter 119. of the Revised Code.~~	96809

~~(4)~~ When subject to a suspension under this section, a	96810
medicaid provider, owner, officer, authorized agent, associate,	96811
manager, or employee shall not own or provide services to any	96812
other medicaid provider or risk contractor or arrange for, render,	96813
or order services to any other medicaid provider or risk	96814
contractor or arrange for, render, or order services for medicaid	96815
recipients during the period of suspension. During the period of	96816
suspension, the provider, owner, officer, authorized agent,	96817
associate, manager, or employee shall not receive ~~reimbursement in~~	96818
~~the form of~~ direct payments ~~from the department~~under the medicaid	96819
program or indirect payments of medicaid funds in the form of	96820
salary, shared fees, contracts, kickbacks, or rebates from or	96821
through any ~~participating~~other medicaid provider or risk	96822
contractor.	96823

(C) The department shall not suspend a provider agreement or	96824
terminate medicaid ~~reimbursement~~payments under division (B) of	96825
this section if the medicaid provider or owner can demonstrate	96826
through the submission of written evidence that the provider or	96827
owner did not directly or indirectly sanction the action of its	96828
authorized agent, associate, manager, or employee that resulted in	96829
the ~~creditable~~credible allegation of fraud.	96830

(D) The termination of medicaid ~~reimbursement~~payment under	96831
division (B) of this section applies only to payments for medicaid	96832
services rendered subsequent to the date on which the notice	96833
required by division (E) of this section is sent. Claims for	96834
~~reimbursement~~payment of medicaid services rendered by the	96835
medicaid provider prior to the issuance of the notice may be	96836
subject to prepayment review procedures whereby the department	96837
reviews claims to determine whether they are supported by	96838
sufficient documentation, are in compliance with state and federal	96839
statutes and rules, and are otherwise complete.	96840

(E) After suspending a provider agreement under division (B)	96841
of this section, the department shall, as specified in 42 C.F.R.	96842
455.23(b), send notice of the suspension to the affected medicaid	96843
provider or owner in accordance with the following timeframes:	96844

(1) Not later than five days after the suspension, unless a	96845
law enforcement agency makes a written request to temporarily	96846
delay the notice;	96847

(2) If a law enforcement agency makes a written request to	96848
temporarily delay the notice, not later than thirty days after the	96849
suspension occurs subject to the conditions specified in division	96850
(F) of this section.	96851

(F) A written request for a temporary delay described in	96852
division (E)(2) of this section may be renewed in writing by a law	96853
enforcement agency not more than two times except that under no	96854
circumstances shall the notice be issued more than ninety days	96855
after the suspension occurs.	96856

(G) The notice required by division (E) of this section shall	96857
do all of the following:	96858

(1) State that payments are being suspended in accordance	96859
with this section and 42 C.F.R. 455.23;	96860

(2) Set forth the general allegations related to the nature	96861
of the conduct leading to the suspension, except that it is not	96862
necessary to disclose any specific information concerning an	96863
ongoing investigation;	96864

(3) State that the suspension continues to be in effect until	96865
either of the following is the case:	96866

(a) The department or a prosecuting authority determines that	96867
there is insufficient evidence of fraud by the provider;	96868

(b) The proceedings in any related criminal case are	96869
completed through dismissal of the indictment or through	96870
conviction, entry of a guilty plea, or finding of not guilty and,	96871
if the department commences a process to terminate the suspended	96872
provider agreement, until the termination process is concluded.	96873

(4) Specify, if applicable, the type or types of medicaid	96874
claims or business units of the medicaid provider that are	96875
affected by the suspension;	96876

(5) Inform the medicaid provider or owner of the opportunity	96877
to submit to the department, not later than thirty days after	96878
receiving the notice, a request for reconsideration of the	96879
suspension in accordance with division (H) of this section.	96880

(H)(1) Pursuant to the procedure specified in division (H)(2)	96881
of this section, a medicaid provider or owner subject to a	96882
suspension under this section may request a reconsideration of the	96883
suspension. The request shall be made not later than thirty days	96884
after receipt of a notice required by division (E) of this	96885
section. The reconsideration is not subject to an adjudication	96886
hearing pursuant to Chapter 119. of the Revised Code.	96887

(2) In requesting a reconsideration, the medicaid provider or	96888
owner shall submit written information and documents to the	96889
department. The information and documents may pertain to any of	96890
the following issues:	96891

(a) Whether the determination to suspend the provider	96892
agreement was based on a mistake of fact, other than the validity	96893
of an indictment in a related criminal case.	96894

(b) If there has been an indictment in a related criminal	96895
case, whether any offense charged in the indictment resulted from	96896
an offense specified in division (E) of section ~~5111.031~~5164.37	96897
of the Revised Code.	96898

(c) Whether the provider or owner can demonstrate that the	96899
provider or owner did not directly or indirectly sanction the	96900
action of its authorized agent, associate, manager, or employee	96901
that resulted in the suspension under this section or an	96902
indictment in a related criminal case.	96903

(I) The department shall review the information and documents	96904
submitted in a request made under division (H) of this section for	96905
reconsideration of a suspension. After the review, the suspension	96906
may be affirmed, reversed, or modified, in whole or in part. The	96907
department shall notify the affected provider or owner of the	96908
results of the review. The review and notification of its results	96909
shall be completed not later than forty-five days after receiving	96910
the information and documents submitted in a request for	96911
reconsideration.	96912

(J) ~~The department may adopt rules in accordance with Chapter~~	96913
~~119. of the Revised Code to implement this section. The rules~~	96914
Rules adopted under section 5164.02 of the Revised Code may	96915
specify circumstances under which the department would not suspend	96916
a provider agreement pursuant to this section.	96917

~~Sec. 5111.031.~~ Sec. 5164.37. (A) As used in this section:

96918

(1) "Independent provider" has the same meaning as in section	96919
~~5111.034~~5164.341 of the Revised Code.	96920

(2) ~~"Intermediate care facility for the mentally retarded"~~	96921
~~and "nursing facility" have the same meanings as in section~~	96922
~~5111.20 of the Revised Code.~~	96923

~~(3)~~ "Noninstitutional medicaid provider" means any person or	96924
entity with a ~~medicaid~~ provider agreement other than a hospital,	96925
nursing facility, or ~~intermediate care facility for the mentally~~	96926
~~retarded~~ICF/MR.	96927

~~(4)~~(3) "Owner" means any person having at least five per cent	96928
ownership in a noninstitutional medicaid provider.	96929

(B) Notwithstanding any provision of this chapter to the	96930
contrary, the department of ~~job and family services~~medicaid shall	96931
take action under this section against a noninstitutional medicaid	96932
provider or its owner, officer, authorized agent, associate,	96933
manager, or employee.	96934

(C) Except as provided in division (D) of this section and in	96935
rules ~~adopted~~authorized by ~~the department under division (H) of~~	96936
this section, on receiving notice and a copy of an indictment that	96937
is issued on or after September 29, 2007, and charges a	96938
noninstitutional medicaid provider or its owner, officer,	96939
authorized agent, associate, manager, or employee with committing	96940
an offense specified in division (E) of this section, the	96941
department shall suspend the provider agreement held by the	96942
noninstitutional medicaid provider. Subject to division (D) of	96943
this section, the department shall also terminate medicaid	96944
~~reimbursement~~payments to the provider for medicaid services	96945
rendered.	96946

The suspension shall continue in effect until the proceedings	96947
in the criminal case are completed through dismissal of the	96948
indictment or through conviction, entry of a guilty plea, or	96949
finding of not guilty. If the department commences a process to	96950
terminate the suspended provider agreement, the suspension shall	96951
also continue in effect until the termination process is	96952
concluded.	96953

~~Pursuant to section 5111.06 of the Revised Code, the~~	96954
~~department is not required to take action under this division by~~	96955
~~issuing an order pursuant to an adjudication conducted in~~	96956
~~accordance with Chapter 119. of the Revised Code.~~	96957

When subject to a suspension under this division, a provider,	96958
owner, officer, authorized agent, associate, manager, or employee	96959
shall not own or provide medicaid services to any other medicaid	96960
provider or risk contractor or arrange for, render, or order	96961
medicaid services for medicaid recipients during the period of	96962
suspension. During the period of suspension, the provider, owner,	96963
officer, authorized agent, associate, manager, or employee shall	96964
not receive ~~reimbursement in the form of~~ direct payments ~~from~~	96965
under the ~~department~~medicaid program or indirect payments of	96966
medicaid funds in the form of salary, shared fees, contracts,	96967
kickbacks, or rebates from or through any ~~participating~~other	96968
medicaid provider or risk contractor.	96969

(D)(1) The department shall not suspend a provider agreement	96970
or terminate medicaid ~~reimbursement~~payments under division (C) of	96971
this section if the provider or owner can demonstrate through the	96972
submission of written evidence that the provider or owner did not	96973
directly or indirectly sanction the action of its authorized	96974
agent, associate, manager, or employee that resulted in the	96975
indictment.	96976

(2) The termination of medicaid ~~reimbursement~~payments	96977
applies only to payments for medicaid services rendered subsequent	96978
to the date on which the notice required under division (F) of	96979
this section is sent. Claims for ~~reimbursement~~payment for	96980
medicaid services rendered by the provider prior to the issuance	96981
of the notice may be subject to prepayment review procedures	96982
whereby the department reviews claims to determine whether they	96983
are supported by sufficient documentation, are in compliance with	96984
state and federal statutes and rules, and are otherwise complete.	96985

(E)(1) In the case of a noninstitutional medicaid provider	96986
that is not an independent provider, the suspension of a provider	96987
agreement under division (C) of this section applies when an	96988
indictment charges a person with committing an act that would be a	96989
felony or misdemeanor under the laws of this state and the act	96990
relates to or results from either of the following:	96991

(a) Furnishing or billing for ~~medical care,~~medicaid	96992
services~~, or supplies~~ under the medicaid program;	96993

(b) Participating in the performance of management or	96994
administrative services relating to furnishing ~~medical care,~~	96995
medicaid services~~, or supplies~~ under the medicaid program.	96996

(2) In the case of a noninstitutional medicaid provider that	96997
is an independent provider, the suspension of a provider agreement	96998
under division (C) of this section applies when an indictment	96999
charges a person with committing an act that would constitute a	97000
disqualifying offense as defined in section ~~5111.032~~5164.34 of	97001
the Revised Code.	97002

(F) Not later than five days after suspending a provider	97003
agreement under division (C) of this section, the department shall	97004
send notice of the suspension to the affected provider or owner.	97005
In providing the notice, the department shall do all of the	97006
following:	97007

(1) Describe the indictment that was the cause of the	97008
suspension, without necessarily disclosing specific information	97009
concerning any ongoing civil or criminal investigation;	97010

(2) State that the suspension will continue in effect until	97011
the proceedings in the criminal case are completed through	97012
dismissal of the indictment or through conviction, entry of a	97013
guilty plea, or finding of not guilty and, if the department	97014
commences a process to terminate the suspended provider agreement,	97015
until the termination process is concluded;	97016

(3) Inform the provider or owner of the opportunity to submit	97017
to the department, not later than thirty days after receiving the	97018
notice, a request for a reconsideration pursuant to division (G)	97019
of this section.	97020

(G)(1) Pursuant to the procedure specified in division (G)(2)	97021
of this section, a noninstitutional medicaid provider or owner	97022
subject to a suspension under this section may request a	97023
reconsideration. The request shall be made not later than thirty	97024
days after receipt of the notice provided under division (F) of	97025
this section. The reconsideration is not subject to an	97026
adjudication hearing pursuant to Chapter 119. of the Revised Code.	97027

(2) In requesting a reconsideration, the provider or owner	97028
shall submit written information and documents to the department.	97029
The information and documents may pertain to any of the following	97030
issues:	97031

(a) Whether the determination to suspend the provider	97032
agreement was based on a mistake of fact, other than the validity	97033
of the indictment;	97034

(b) Whether any offense charged in the indictment resulted	97035
from an offense specified in division (E) of this section;	97036

(c) Whether the provider or owner can demonstrate that the	97037
provider or owner did not directly or indirectly sanction the	97038
action of its authorized agent, associate, manager, or employee	97039
that resulted in the indictment.	97040

(3) The department shall review the information and documents	97041
submitted in a request for reconsideration. After the review, the	97042
suspension may be affirmed, reversed, or modified, in whole or in	97043
part. The department shall notify the affected provider or owner	97044
of the results of the review. The review and notification of its	97045
results shall be completed not later than forty-five days after	97046
receiving the information and documents submitted in a request for	97047
reconsideration.	97048

(H) ~~The department may adopt rules in accordance with Chapter~~	97049
~~119. of the Revised Code to implement this section. The rules~~	97050
Rules adopted under section 5164.02 of the Revised Code may	97051
specify circumstances under which the department would not suspend	97052
a provider agreement pursuant to this section.	97053

~~Sec. 5111.06.~~ Sec. 5164.38. (A)~~(1)~~ As used in this section ~~and in~~	97054
~~sections 5111.061 and 5111.063 of the Revised Code~~:	97055

~~(a) "Provider" means any person, institution, or entity that~~	97056
~~furnishes medicaid services under a provider agreement with the~~	97057
~~department of job and family services pursuant to Title XIX of the~~	97058
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	97059
~~amended.~~	97060

~~(b) "Party" has the same meaning as in division (G) of~~	97061
~~section 119.01 of the Revised Code.~~	97062

~~(c)~~(1) "Adjudication" has the same meaning as in division (D)	97063
of section 119.01 of the Revised Code.	97064

(2) "Party" has the same meaning as in division (G) of	97065
section 119.01 of the Revised Code.	97066

(3) "Revalidate" means to approve a medicaid provider's	97067
continued enrollment as a medicaid provider in accordance with the	97068
revalidation process established in rules authorized by section	97069
5164.32 of the Revised Code.	97070

(B) This section does not apply to either of the following:

97071

~~(a)~~(1) Any action taken or decision made by the department of	97072
~~job and family services~~medicaid with respect to entering into or	97073
refusing to enter into a contract with a managed care organization	97074
pursuant to section ~~5111.17~~5167.10 of the Revised Code;	97075

~~(b)~~(2) Any action taken by the department under sections	97076
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	97077

~~(B)~~(C) Except as provided in division ~~(D)~~(E) of this section	97078
and section ~~5111.914~~5164.58 of the Revised Code, the department	97079
shall do ~~either~~any of the following by issuing an order pursuant	97080
to an adjudication conducted in accordance with Chapter 119. of	97081
the Revised Code:	97082

(1) Enter into or refuse to enter into a provider agreement	97083
with a medicaid provider~~, or suspend,~~;	97084

(2) Revalidate or refuse to revalidate a medicaid provider's	97085
provider agreement;	97086

(3) Suspend or terminate~~, renew, or refuse to renew an~~	97087
~~existing~~a medicaid provider's provider agreement ~~with a provider~~;	97088

~~(2)~~(4) Take any action based upon a final fiscal audit of a	97089
medicaid provider.	97090

~~(C)~~(D) Any party who is adversely affected by the issuance of	97091
an adjudication order under division ~~(B)~~(C) of this section may	97092
appeal to the court of common pleas of Franklin county in	97093
accordance with section 119.12 of the Revised Code.	97094

~~(D)~~(E) The department is not required to comply with division	97095
~~(B)~~(C)(1), (2), or (3) of this section whenever any of the	97096
following occur:	97097

(1) The terms of a provider agreement require the medicaid	97098
provider to hold a license, permit, or certificate or maintain a	97099
certification issued by an official, board, commission,	97100
department, division, bureau, or other agency of state or federal	97101
government other than the department of ~~job and family services~~	97102
medicaid, and the license, permit, certificate, or certification	97103
has been denied, revoked, not renewed, suspended, or otherwise	97104
limited.	97105

(2) The terms of a provider agreement require the medicaid	97106
provider to hold a license, permit, or certificate or maintain	97107
certification issued by an official, board, commission,	97108
department, division, bureau, or other agency of state or federal	97109
government other than the department of ~~job and family services~~	97110
medicaid, and the provider has not obtained the license, permit,	97111
certificate, or certification.	97112

(3) The medicaid provider's application for a provider	97113
agreement is denied, or the provider's provider agreement is	97114
terminated, or not ~~renewed due~~revalidated, because of or	97115
pursuant to ~~the~~any of the following:	97116

(a) The termination, refusal to renew, or denial of a	97117
license, permit, certificate, or certification by an official,	97118
board, commission, department, division, bureau, or other agency	97119
of this state other than the department of ~~job and family services~~	97120
medicaid, notwithstanding the fact that the provider may hold a	97121
license, permit, certificate, or certification from an official,	97122
board, commission, department, division, bureau, or other agency	97123
of another state.	97124

~~(4) The provider agreement is denied, terminated, or not~~	97125
~~renewed pursuant to division (C)~~;	97126

(b) Division (D) or ~~(F)~~(E) of section ~~5111.03~~5164.35 of the	97127
Revised Code.	97128

~~(5) The provider agreement is denied, terminated, or not~~	97129
~~renewed due to the~~;	97130

(c) The provider's termination, suspension, or exclusion from	97131
the medicare program ~~established under Title XVIII of the "Social~~	97132
~~Security Act"~~ or from another state's medicaid program and, in	97133
either case, the termination, suspension, or exclusion is binding	97134
on the provider's participation in the medicaid program in this	97135
state.	97136

~~(6) The provider agreement is denied, terminated, or not~~	97137
~~renewed due to the~~;	97138

(d) The provider's pleading guilty to or being convicted of a	97139
criminal activity materially related to either the medicare or	97140
medicaid program;	97141

(e) The provider or its owner, officer, authorized agent,	97142
associate, manager, or employee having been convicted of one of	97143
the offenses that caused the provider's provider agreement to be	97144
suspended pursuant to section 5164.36 of the Revised Code;	97145

(f) The provider's failure to provide the department the	97146
national provider identifier assigned the provider by the national	97147
provider system pursuant to 45 C.F.R. 162.408.	97148

~~(7)~~(4) The medicaid provider's application for a provider	97149
agreement is denied, or the provider's provider agreement is	97150
terminated, or suspended, as a result of action by the United	97151
States department of health and human services and that action is	97152
binding on the provider's medicaid participation ~~in the medicaid~~	97153
~~program~~.	97154

~~(8)~~(5) Pursuant to either section ~~5111.031~~5164.36 or	97155
~~5111.035~~5164.37 of the Revised Code, the medicaid provider's	97156
provider agreement is suspended and payments to the provider are	97157
suspended pending indictment of the provider.	97158

~~(9) The provider agreement is denied, terminated, or not~~	97159
~~renewed because the provider or its owner, officer, authorized~~	97160
~~agent, associate, manager, or employee has been convicted of one~~	97161
~~of the offenses that caused the provider agreement to be suspended~~	97162
~~pursuant to section 5111.031 of the Revised Code.~~	97163

~~(10)~~(6) The medicaid provider's application for a provider	97164
agreement is denied because the provider's application was not	97165
complete;	97166

(7) The medicaid provider's provider agreement is converted	97167
under section ~~5111.028~~5164.32 of the Revised Code from a	97168
provider agreement that is not time-limited to a provider	97169
agreement that is time-limited.	97170

~~(11) The provider agreement is terminated or an application~~	97171
~~for re-enrollment is denied because the provider has failed to~~	97172
~~apply for re-enrollment within the time or in the manner specified~~	97173
~~for re-enrollment~~(8) Unless the medicaid provider is a nursing	97174
facility or ICF/MR, the provider's provider agreement is not	97175
revalidated pursuant to division (B)(1) of section ~~5111.028~~	97176
5164.32 of the Revised Code.	97177

~~(12)~~(9) The medicaid provider's provider agreement is	97178
suspended or, terminated, or ~~an application for enrollment or~~	97179
~~re-enrollment is denied, for any~~not revalidated because of either	97180
of the following:	97181

(a) Any reason authorized or required by one or more of the	97182
following: 42 C.F.R. 455.106, 455.23, 455.416, 455.434, or	97183
455.450.	97184

~~(13) The provider agreement is terminated or not renewed~~	97185
~~because the~~;	97186

(b) The provider has not billed or otherwise submitted a	97187
medicaid claim ~~to the department~~ for two years or longer.	97188

~~(14) The provider agreement is denied, terminated, or not~~	97189
~~renewed because the provider fails to provide to the department~~	97190
~~the national provider identifier assigned the provider by the~~	97191
~~national provider system pursuant to 45 C.F.R. 162.408.~~	97192

(F) In the case of a medicaid provider described in division	97193
~~(D)(13)~~(E)(3)(f), (6), (7), or ~~(14)~~(9)(b) of this section, the	97194
department may take its ~~proposed~~ action ~~against a provider~~	97195
~~agreement~~ by sending a notice explaining the ~~proposed~~ action to	97196
the provider. The notice shall be sent to the medicaid provider's	97197
address on record with the department. The notice may be sent by	97198
regular mail.	97199

~~(E)~~(G) The department may withhold payments for medicaid	97200
services rendered by a medicaid provider ~~under the medicaid~~	97201
~~program~~ during the pendency of proceedings initiated under	97202
division ~~(B)~~(C)(1), (2), or (3) of this section. If the	97203
proceedings are initiated under division ~~(B)(2)~~(C)(4) of this	97204
section, the department may withhold payments only to the extent	97205
that they equal amounts determined in a final fiscal audit as	97206
being due the state. This division does not apply if the	97207
department fails to comply with section 119.07 of the Revised	97208
Code, requests a continuance of the hearing, or does not issue a	97209
decision within thirty days after the hearing is completed. This	97210
division does not apply to nursing facilities and ~~intermediate~~	97211
~~care facilities for the mentally retarded as defined in section~~	97212
~~5111.20 of the Revised Code~~ICFs/MR.	97213

~~Sec. 5111.062.~~ Sec. 5164.39. In any action taken by the department	97214
of ~~job and family services~~medicaid under section ~~5111.06~~5164.38	97215
or ~~5111.061~~5164.57 of the Revised Code or any other ~~provision of~~	97216
~~this chapter~~state statute governing the medicaid program that	97217
requires the department to give notice of an opportunity for a	97218
hearing in accordance with Chapter 119. of the Revised Code, if	97219
the department gives notice of the opportunity for a hearing but	97220
the medicaid provider or other entity subject to the notice does	97221
not request a hearing or timely request a hearing in accordance	97222
with section 119.07 of the Revised Code, the department is not	97223
required to hold a hearing. The medicaid director ~~of job and~~	97224
~~family service~~ may proceed by issuing a final adjudication order	97225
in accordance with Chapter 119. of the Revised Code.	97226

~~Sec. 5111.05.~~ Sec. 5164.45. (A) The department of ~~job and family~~	97227
~~services~~medicaid may contract with any person or persons as a	97228
fiscal agent for the examination, processing, and determination of	97229
~~medical assistance~~medicaid claims ~~under this chapter~~. The	97230
contracting party may provide any of the following services, as	97231
required by the contract:	97232

(1) Design and operate medicaid management information	97233
systems, including the provision of data processing services;	97234

(2) Determine the amounts of payments to be made upon claims	97235
for ~~medical assistance~~medicaid;	97236

(3) Prepare and furnish to the department lists and computer	97237
tapes of such claims for payment;	97238

(4) In addition to audits which may be conducted by the	97239
department and by the auditor of state, make audits of providers	97240
and the claims of medicaid providers ~~of medical assistance~~	97241
according to the standards set forth in the contract;	97242

(5) Assist medicaid providers ~~of medical assistance~~ in the	97243
development of procedures relating to utilization practices, make	97244
studies of the effectiveness of such procedures and methods for	97245
their improvement, implement and enforce standards of medical	97246
policy, and assist in the application of safeguards against	97247
unnecessary utilization;	97248

(6) Assist any institution, facility, or agency to qualify as	97249
a medicaid provider ~~of medical assistance~~;	97250

(7) Establish and maintain fiscal records for the ~~medical~~	97251
~~assistance~~medicaid program;	97252

(8) Perform statistical and research studies;

97253

(9) Develop and implement programs for ~~medical assistance~~	97254
medicaid cost containment;	97255

(10) Perform such other duties as are necessary to carry out	97256
the ~~medical assistance~~medicaid program.	97257

(B) The department ~~of job and family services~~ may contract	97258
with any person or persons as an insuring agent for the	97259
examination, processing, and determination of ~~medical assistance~~	97260
medicaid claims, as provided in division (A) of this section, and	97261
for the payment of ~~medical assistance~~medicaid claims through an	97262
underwritten program in which the state pays the insuring agent a	97263
monthly premium and the insuring agent pays for ~~medical~~medicaid	97264
services ~~authorized under the state's medical assistance program~~.	97265
The person with whom the department contracts, with respect to the	97266
awarding, provisions, and performance of such contract, shall not	97267
be subject to the provisions of Title XXXIX of the Revised Code or	97268
to regulation by the department of insurance, nor to taxation as	97269
an insurance company pursuant to section 5725.18 or 5729.03 of the	97270
Revised Code. A contract with an insuring agent shall specify the	97271
qualifications, including capital and surplus requirements, and	97272
other conditions with which the insuring agent must comply.	97273

(C) In entering into a contract under this section, the	97274
department, in cooperation with the director of budget and	97275
management, shall determine that the contracting party is	97276
qualified to perform the required services and shall follow	97277
applicable procedures required of the department of administrative	97278
services in sections 125.07 to 125.11 of the Revised Code. A	97279
contract shall be awarded to the bidder who, with due	97280
consideration to the bidder's experience and financial capability,	97281
offers the lowest and best bid to the state for control of the	97282
costs of the ~~medical assistance~~medicaid program consistent with	97283
meeting the obligations under that program for fair and equitable	97284
treatment of medicaid recipients and medicaid providers ~~of medical~~	97285
~~services~~. Any arrangement whereby funds are paid to an insuring or	97286
fiscal agent for administrative functions under this section	97287
shall, for the purposes of section 125.081 of the Revised Code, be	97288
deemed to be a contract or purchase by the department of	97289
administrative services; however, money to be used by an insuring	97290
agent to pay for ~~medical~~medicaid services ~~authorized under the~~	97291
~~state's medical assistance program~~ shall not be deemed a contract	97292
or purchase within the meaning of such section.	97293

~~Sec. 5111.052.~~ Sec. 5164.46. (A) As used in this section,	97294
"electronic claims submission process" means any of the following:	97295

(1) Electronic interchange of data;

97296

(2) Direct entry of data through an internet-based mechanism	97297
implemented by the department of ~~job and family services~~medicaid;	97298

(3) Any other process for the electronic submission of claims	97299
that is specified in rules adopted under ~~this~~ section 5162.02 of	97300
the Revised Code.	97301

(B) Not later than January 1, 2013, and except as provided in	97302
division (C) of this section, each medicaid provider ~~of services~~	97303
~~to medicaid recipients~~ shall do both of the following:	97304

(1) Use only an electronic claims submission process to	97305
submit to the department of ~~job and family services~~medicaid	97306
claims for medicaid ~~reimbursement~~payment for medicaid services	97307
provided to medicaid recipients;	97308

(2) Arrange to receive medicaid ~~reimbursement~~payment from	97309
the department by means of electronic funds transfer.	97310

(C) Division (B) of this section does not apply to any of the	97311
following:	97312

(1) A nursing facility~~, as defined in section 5111.20 of the~~	97313
~~Revised Code~~;	97314

(2) An ~~intermediate care facility for the mentally retarded,~~	97315
~~as defined in section 5111.20 of the Revised Code~~ICF/MR;	97316

(3) A medicaid managed care organization ~~under contract with~~	97317
~~the department pursuant to section 5111.17 of the Revised Code~~;	97318

(4) Any other medicaid provider or type of medicaid provider	97319
designated in rules adopted under ~~this~~ section 5162.02 of the	97320
Revised Code.	97321

(D) The department shall not process a medicaid claim	97322
submitted on or after January 1, 2013, unless the claim is	97323
submitted through an electronic claims submission process in	97324
accordance with this section.	97325

~~(E) The director of job and family services may adopt rules~~	97326
~~in accordance with Chapter 119. of the Revised Code as the~~	97327
~~director considers necessary to implement this section.~~	97328

~~Sec. 5111.054.~~ Sec. 5164.47. (A) As used in this section:

97329

~~(1) "Federal financial participation" means the federal~~	97330
~~government's share of expenditures made by an entity in~~	97331
~~implementing the medicaid program.~~	97332

~~(2)~~, "OCHSPS" means the private, not-for-profit corporation	97333
known as the Ohio children's hospital solutions for patient	97334
safety, which was formed for the purpose of improving pediatric	97335
patient care in this state, which performs functions that are	97336
included within the functions of a peer review committee as	97337
defined in section 2305.25 of the Revised Code, and which consists	97338
of all of the following members: Akron children's hospital,	97339
Cincinnati children's hospital medical center, Cleveland clinic	97340
children's hospital, Dayton children's medical center, mercy	97341
children's hospital, nationwide children's hospital, rainbow	97342
babies & children's hospital, and Toledo children's hospital.	97343

(B) If, as authorized by section ~~5101.10~~5160.10 of the	97344
Revised Code, the ~~department of job and family services~~medicaid	97345
director chooses to contract with a person to perform either or	97346
both of the following services, itthe director may contract with	97347
any qualified person, including OCHSPS, to perform the service or	97348
services on ~~the department's~~ behalf of the department of medicaid:	97349

(1) Review and analyze claims for ~~medical assistance made~~	97350
~~under this chapter~~medicaid services provided to children in	97351
accordance with all state and federal laws governing the	97352
confidentiality of patient-identifying information;	97353

(2) Perform quality assurance and quality review functions,	97354
other than those described in division (B)(1) of this section,	97355
related to ~~medical assistance made under this chapter~~medicaid	97356
services provided to children.	97357

The functions specified in division (B)(2) of this section	97358
may include those recommended by the best evidence for advancing	97359
child health in Ohio now (BEACON) council.	97360

(C) If the ~~department~~director enters into a contract with	97361
OCHSPS for OCHSPS to perform either or both of the services	97362
described in division (B) of this section, OCHSPS shall, only for	97363
purposes of section ~~5101.11~~5160.12 of the Revised Code, be	97364
considered a public entity and the ~~department~~director shall seek	97365
federal financial participation for costs incurred by OCHSPS in	97366
performing the service or services.	97367

~~Sec. 5111.051.~~ Sec. 5164.48. The medicaid director ~~of job and~~	97368
~~family services~~ may ~~submit a medicaid state plan amendment or~~	97369
~~request for a federal waiver to the United States secretary of~~	97370
~~health and human services as necessary to~~ implement~~, at the~~	97371
~~director's discretion,~~ a system under which medicaid payments for	97372
~~medical assistance provided under the~~ medicaid ~~program~~services	97373
are made to an organization on behalf of ~~the~~medicaid providers of	97374
~~the medical assistance~~. The system may not provide for an	97375
organization to receive an amount that exceeds, in aggregate, the	97376
amount the ~~department~~medicaid program would have paid directly to	97377
~~the~~medicaid providers if not for this section.	97378

Sec. 5164.55. The department of medicaid may conduct final	97379
fiscal audits of medicaid providers in accordance with the	97380
applicable requirements set forth in federal laws and regulations	97381
and determine any amounts the provider may owe the state. When	97382
conducting final fiscal audits, the department shall consider	97383
generally accepted auditing standards, which include the use of	97384
statistical sampling.	97385

~~Sec. 5111.022.~~ Sec. 5164.56. Under the medicaid program, any	97386
amount determined to be owed the state by a final fiscal audit	97387
conducted pursuant to ~~division (D) of~~ section ~~5111.021~~5164.55 of	97388
the Revised Code, upon the issuance of an adjudication order	97389
pursuant to Chapter 119. of the Revised Code that contains a	97390
finding that there is a preponderance of the evidence that ~~the~~a	97391
medicaid provider will liquidate assets or file bankruptcy in	97392
order to prevent payment of the amount determined to be owed the	97393
state, becomes a lien upon the real and personal property of the	97394
provider. Upon failure of the provider to pay the amount to the	97395
state, the medicaid director ~~of job and family services~~ shall file	97396
notice of the lien, for which there shall be no charge, in the	97397
office of the county recorder of the county in which it is	97398
ascertained that the provider owns real or personal property. The	97399
director shall notify the provider by mail of the lien, but	97400
absence of proof that the notice was sent does not affect the	97401
validity of the lien. The lien is not valid as against the claim	97402
of any mortgagee, pledgee, purchaser, judgment creditor, or other	97403
lienholder of record at the time the notice is filed.	97404

If the provider acquires real or personal property after	97405
notice of the lien is filed, the lien shall not be valid as	97406
against the claim of any mortgagee, pledgee, subsequent bona fide	97407
purchaser for value, judgment creditor, or other lienholder of	97408
record to such after-acquired property unless the notice of lien	97409
is refiled after the property is acquired by the provider and	97410
before the competing lien attaches to the after-acquired property	97411
or before the conveyance to the subsequent bona fide purchaser for	97412
value.	97413

When the amount has been paid, the provider may record with	97414
the recorder notice of the payment. For recording such notice of	97415
payment, the recorder shall charge and receive from the provider a	97416
base fee of one dollar for services and a housing trust fund fee	97417
of one dollar pursuant to section 317.36 of the Revised Code.	97418

In the event of a distribution of athe provider's assets	97419
pursuant to an order of any court under the law of this state	97420
including any receivership, assignment for benefit of creditors,	97421
adjudicated insolvency, or similar proceedings, amounts then or	97422
thereafter due the state under ~~this chapter~~the medicaid program	97423
have the same priority as provided by law for the payment of taxes	97424
due the state and shall be paid out of the receivership trust fund	97425
or other such trust fund in the same manner as provided for claims	97426
for unpaid taxes due the state.	97427

If the attorney general finds after investigation that any	97428
amount due the state under ~~this chapter~~the medicaid program is	97429
uncollectable, in whole or in part, the attorney general shall	97430
recommend to the director the cancellation of all or part of the	97431
claim. The director may thereupon effect the cancellation.	97432

~~Sec. 5111.061.~~ Sec. 5164.57. (A) As used in this section,	97433
"adjudication" has the same meaning as in section 119.01 of the	97434
Revised Code.	97435

(B)(1) Except as provided in division ~~(A)~~(B)(2) of this	97436
section, the department of ~~job and family services~~medicaid may	97437
recover a medicaid payment or portion of a payment made to a	97438
medicaid provider to which the provider is not entitled if the	97439
department notifies the provider of the overpayment during the	97440
five-year period immediately following the end of the state fiscal	97441
year in which the overpayment was made.	97442

(2) In the case of a hospital medicaid provider, if the	97443
department determines as a result of a medicare or medicaid cost	97444
report settlement that the provider received an amount under the	97445
medicaid program to which the provider is not entitled, the	97446
department may recover the overpayment if the department notifies	97447
the provider of the overpayment during the later of the following:	97448

(a) The five-year period immediately following the end of the	97449
state fiscal year in which the overpayment was made;	97450

(b) The one-year period immediately following the date the	97451
department receives from the United States centers for medicare	97452
and medicaid services a completed, audited, medicare cost report	97453
for the provider that applies to the state fiscal year in which	97454
the overpayment was made.	97455

~~(B)~~(C) Among the overpayments that may be recovered under	97456
this section are the following:	97457

(1) Payment for a medicaid service, or a day of service, not	97458
rendered;	97459

(2) Payment for a day of service at a full per diem rate that	97460
should have been paid at a percentage of the full per diem rate;	97461

(3) Payment for a medicaid service, or day of service, that	97462
was paid by, or partially paid by, a third party, as defined in	97463
section ~~5101.571~~5160.35 of the Revised Code, and the third	97464
party's payment or partial payment was not offset against the	97465
amount paid by the medicaid program to reduce or eliminate the	97466
amount that was paid by the medicaid program;	97467

(4) Payment when a medicaid recipient's responsibility for	97468
payment was understated and resulted in an overpayment to the	97469
provider.	97470

~~(C)~~(D) The department may recover an overpayment under this	97471
section prior to or after any of the following:	97472

(1) Adjudication of a final fiscal audit that section ~~5111.06~~	97473
5164.38 of the Revised Code requires to be conducted in accordance	97474
with Chapter 119. of the Revised Code;	97475

(2) Adjudication of a finding under any other provision of	97476
~~this chapter~~state statutes governing the medicaid program or the	97477
rules adopted under itthose statutes;	97478

(3) Expiration of the time to issue a final fiscal audit that	97479
section ~~5111.06~~5164.38 of the Revised Code requires to be	97480
conducted in accordance with Chapter 119. of the Revised Code;	97481

(4) Expiration of the time to issue a finding under any other	97482
provision of ~~this chapter~~state statutes governing the medicaid	97483
program or the rules adopted under itthose statutes.	97484

~~(D)~~(E)(1) Subject to division ~~(D)~~(E)(2) of this section, the	97485
recovery of an overpayment under this section does not preclude	97486
the department from subsequently doing the following:	97487

(a) Issuing a final fiscal audit in accordance with Chapter	97488
119. of the Revised Code, as required under section ~~5111.06~~	97489
5164.38 of the Revised Code;	97490

(b) Issuing a finding under any other provision of ~~this~~	97491
~~chapter~~state statutes governing the medicaid program or the rules	97492
adopted under itthose statutes.	97493

(2) A final fiscal audit or finding issued subsequent to the	97494
recovery of an overpayment under this section shall be reduced by	97495
the amount of the prior recovery, as appropriate.	97496

~~(E)~~(F) Nothing in this section limits the department's	97497
authority to recover overpayments pursuant to any other provision	97498
of the Revised Code.	97499

~~Sec. 5111.914.~~ Sec. 5164.58. (A) ~~As used in this section,~~	97500
~~"provider" has the same meaning as in section 5111.06 of the~~	97501
~~Revised Code.~~	97502

~~(B)~~ If a state agency that enters into a contract with the	97503
department of ~~job and family services~~medicaid under section	97504
~~5111.91~~5162.35 of the Revised Code identifies that a medicaid	97505
overpayment has been made to a medicaid provider, the state agency	97506
may commence actions to recover the overpayment on behalf of the	97507
department.	97508

~~(C)~~(B) In recovering an overpayment pursuant to this section,	97509
a state agency shall comply with the following procedures:	97510

(1) The state agency shall attempt to recover the overpayment	97511
by notifying the medicaid provider of the overpayment and	97512
requesting voluntary repayment. Not later than five business days	97513
after notifying the medicaid provider, the state agency shall	97514
notify the department in writing of the overpayment. The state	97515
agency may negotiate a settlement of the overpayment and notify	97516
the department of the settlement. A settlement negotiated by the	97517
state agency is not valid and shall not be implemented until the	97518
department has given its written approval of the settlement.	97519

(2) If the state agency is unable to obtain voluntary	97520
repayment of an overpayment, the agency shall give the medicaid	97521
provider notice of an opportunity for a hearing in accordance with	97522
Chapter 119. of the Revised Code. If the medicaid provider timely	97523
requests a hearing in accordance with section 119.07 of the	97524
Revised Code, the state agency shall conduct the hearing to	97525
determine the legal and factual validity of the overpayment. On	97526
completion of the hearing, the state agency shall submit its	97527
hearing officer's report and recommendation and the complete	97528
record of proceedings, including all transcripts, to the medicaid	97529
director ~~of job and family services~~ for final adjudication. The	97530
director may issue a final adjudication order in accordance with	97531
Chapter 119. of the Revised Code. The state agency shall pay any	97532
attorney's fees imposed under section 119.092 of the Revised Code.	97533
The department of ~~job and family services~~medicaid shall pay any	97534
attorney's fees imposed under section 2335.39 of the Revised Code.	97535

~~(D)~~(C) In any action taken by a state agency under this	97536
section that requires the agency to give notice of an opportunity	97537
for a hearing in accordance with Chapter 119. of the Revised Code,	97538
if the agency gives notice of the opportunity for a hearing but	97539
the medicaid provider subject to the notice does not request a	97540
hearing or timely request a hearing in accordance with section	97541
119.07 of the Revised Code, the agency is not required to hold a	97542
hearing. The agency may request that the medicaid director ~~of job~~	97543
~~and family services~~ issue a final adjudication order in accordance	97544
with Chapter 119. of the Revised Code.	97545

~~(E)~~(D) This section does not preclude the department of ~~job~~	97546
~~and family services~~medicaid from adjudicating a final fiscal	97547
audit under section ~~5111.06~~5164.38 of the Revised Code,	97548
recovering overpayments under section ~~5111.061~~5164.57 of the	97549
Revised Code, or making findings or taking other actions	97550
authorized by ~~this chapter~~state statutes governing the medicaid	97551
program.	97552

Sec. 5164.59. The department of medicaid may deduct from	97553
medicaid payments for medicaid services rendered by a medicaid	97554
provider any amounts the provider owes the state as the result of	97555
incorrect medicaid payments the department has made to the	97556
provider.	97557

Sec. 5164.60. Any medicaid provider who, without intent,	97558
obtains payments under the medicaid program in excess of the	97559
amount to which the provider is entitled is liable for payment of	97560
interest on the amount of the excess payments at the maximum	97561
interest rate allowable for real estate mortgages under section	97562
1343.01 of the Revised Code on the date the payment was made to	97563
the provider for the period from the date on which payment was	97564
made to the date on which repayment is made to the state.	97565

Sec. 5164.61. The authority, under state and federal law, of	97566
the department of medicaid or a county department of job and	97567
family services to recover excess medicaid payments made to a	97568
medicaid provider is not limited by the availability of remedies	97569
under sections 5162.21 and 5162.23 of the Revised Code for	97570
recovering benefits paid on behalf of medicaid recipients.	97571

~~Sec. 5111.021.~~ Sec. 5164.70. ~~Under the medicaid program:~~

97572

~~(A)~~ Except as otherwise required by federal statute or	97573
regulation, ~~the department of job and family services shall not~~	97574
~~reimburse a medical provider~~no medicaid payment for any ~~medical~~	97575
~~assistance rendered under the program an amount that exceeds~~	97576
medicaid service shall exceed the following:	97577

~~(1)~~(A) If the medicaid provider is a hospital, nursing	97578
facility, or ~~intermediate care facility for the mentally retarded~~	97579
ICF/MR, the limits established under Subpart C of 42 C.F.R. Part	97580
447;	97581

~~(2)~~(B) If the medicaid provider is other than a provider	97582
described in division (A)~~(1)~~ of this section, the authorized	97583
~~reimbursement~~payment limits for the same service under the	97584
medicare program ~~established under Title XVIII of the "Social~~	97585
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended~~.	97586

~~(B) Reimbursement for freestanding medical laboratory charges~~	97587
~~shall not exceed the customary and usual fee for laboratory~~	97588
~~profiles.~~	97589

~~(C) The department may deduct from payments for services~~	97590
~~rendered by a medicaid provider under the medicaid program any~~	97591
~~amounts the provider owes the state as the result of incorrect~~	97592
~~medicaid payments the department has made to the provider.~~	97593

~~(D) The department may conduct final fiscal audits in~~	97594
~~accordance with the applicable requirements set forth in federal~~	97595
~~laws and regulations and determine any amounts the provider may~~	97596
~~owe the state. When conducting final fiscal audits, the department~~	97597
~~shall consider generally accepted auditing standards, which~~	97598
~~include the use of statistical sampling.~~	97599

~~(E) The number of days of inpatient hospital care for which~~	97600
~~reimbursement is made on behalf of a medicaid recipient to a~~	97601
~~hospital that is not paid under a diagnostic-related-group~~	97602
~~prospective payment system shall not exceed thirty days during a~~	97603
~~period beginning on the day of the recipient's admission to the~~	97604
~~hospital and ending sixty days after the termination of that~~	97605
~~hospital stay, except that the department may make exceptions to~~	97606
~~this limitation. The limitation does not apply to children~~	97607
~~participating in the program for medically handicapped children~~	97608
~~established under section 3701.023 of the Revised Code.~~	97609

~~(F) The division of any reimbursement between a collaborating~~	97610
~~physician or podiatrist and a clinical nurse specialist, certified~~	97611
~~nurse-midwife, or certified nurse practitioner for services~~	97612
~~performed by the nurse shall be determined and agreed on by the~~	97613
~~nurse and collaborating physician or podiatrist. In no case shall~~	97614
~~reimbursement exceed the payment that the physician or podiatrist~~	97615
~~would have received had the physician or podiatrist provided the~~	97616
~~entire service.~~	97617

Sec. 5164.71. Medicaid payments for freestanding medical	97618
laboratory charges shall not exceed the customary and usual fee	97619
for laboratory profiles.	97620

Sec. 5164.72. The number of days of inpatient hospital care	97621
for which a medicaid payment is made on behalf of a medicaid	97622
recipient to a hospital that is not paid under a	97623
diagnostic-related-group prospective payment system shall not	97624
exceed thirty days during a period beginning on the day of the	97625
recipient's admission to the hospital and ending sixty days after	97626
the termination of that hospital stay, except that the department	97627
of medicaid may make exceptions to this limitation. The limitation	97628
does not apply to children participating in the program for	97629
medically handicapped children established under section 3701.023	97630
of the Revised Code.	97631

Sec. 5164.73. The division of any medicaid payment between a	97632
collaborating physician or podiatrist and a clinical nurse	97633
specialist, certified nurse-midwife, or certified nurse	97634
practitioner for services performed by the nurse shall be	97635
determined and agreed on by the nurse and collaborating physician	97636
or podiatrist. In no case shall the medicaid payment exceed the	97637
medicaid payment that the physician or podiatrist would have	97638
received had the physician or podiatrist provided the entire	97639
service.	97640

~~Sec. 5111.19.~~ Sec. 5164.74. The medicaid director ~~of job and~~	97641
~~family services~~ shall adopt rules under section 5164.02 of the	97642
Revised Code governing the calculation and payment of, and the	97643
allocation of payments for, graduate medical education costs	97644
associated with medicaid services rendered to medicaid recipients	97645
~~after June 30, 1994~~. Subject to section ~~5111.191~~5164.741 of the	97646
Revised Code, the rules shall provide for ~~reimbursement~~payment	97647
of graduate medical education costs associated with medicaid	97648
services rendered to medicaid recipients, including recipients	97649
enrolled in a medicaid managed care organization ~~under contract~~	97650
~~with the department~~ ~~office~~ ~~under section 5111.17 of the Revised~~	97651
~~Code~~, that the department of medicaid determines are allowable and	97652
reasonable.	97653

~~If the department requires a managed care organization to pay~~	97654
~~a provider for graduate medical education costs associated with~~	97655
~~the delivery of services to medicaid recipients enrolled in the~~	97656
~~organization, the department shall include in its payment to the~~	97657
~~organization an amount sufficient for the organization to pay such~~	97658
~~costs. If the department does not include in its payments to the~~	97659
~~managed care organization amounts for graduate medical education~~	97660
~~costs of providers, all of the following apply:~~	97661

~~(A) Except as provided in section 5111.191 of the Revised~~	97662
~~Code, the department shall pay the provider for graduate medical~~	97663
~~education costs associated with the delivery of services to~~	97664
~~medicaid recipients enrolled in the organization;~~	97665

~~(B) No provider shall seek reimbursement from the~~	97666
~~organization for such costs;~~	97667

~~(C) The organization is not required to pay providers for~~	97668
~~such costs.~~	97669

~~Sec. 5111.191.~~ Sec. 5164.741. (A) Except as provided in division	97670
(B) of this section, the department of ~~job and family services~~	97671
medicaid may deny medicaid payment to a hospital for direct	97672
graduate medical education costs associated with the delivery of	97673
medicaid services to any medicaid recipient if the hospital	97674
refuses without good cause to contract with a medicaid managed	97675
care organization that ~~serves participants in the care management~~	97676
~~system established under section 5111.16 of the Revised Code who~~	97677
~~are required to be enrolled in a managed care organization and the~~	97678
~~managed care organization~~ serves the area in which the hospital is	97679
located.	97680

(B) A hospital is not subject to division (A) of this section	97681
if all of the following are the case:	97682

(1) The hospital is located in a county in which participants	97683
in the care management system are required before January 1, 2006,	97684
to be enrolled in a medicaid managed care organization that is a	97685
health insuring corporation.	97686

(2) The hospital has entered into a contract before January	97687
1, 2006, with at least one health insuring corporation serving the	97688
participants specified in division (B)(1) of this section.	97689

(3) The hospital remains under contract with at least one	97690
health insuring corporation serving participants in the care	97691
management system who are required to be enrolled in a health	97692
insuring corporation.	97693

(C) The medicaid director ~~of job and family services~~ shall	97694
specify in the rules adopted under section ~~5111.19~~5164.02 of the	97695
Revised Code what constitutes good cause for a hospital to refuse	97696
to contract with a medicaid managed care organization.	97697

~~Sec. 5111.086.~~ Sec. 5164.75. As used in this section, "federal	97698
upper reimbursement limit" means the limit established pursuant to	97699
~~section 1927(e) of~~ the "Social Security Act," ~~104 Stat. 1388-151~~	97700
~~(1990)~~section 1927(e), 42 U.S.C. 1396r-8(e)~~, as amended~~.	97701

The medicaid payment for a drug that is subject to a federal	97702
upper reimbursement limit shall not exceed, in the aggregate, the	97703
federal upper reimbursement limit for the drug. ~~The director of~~	97704
~~job and family services shall adopt rules under section 5111.02 of~~	97705
~~the Revised Code as necessary to implement this section.~~	97706

~~Sec. 5111.082.~~ Sec. 5164.751. (A) As used in this section:

97707

~~(1) "State~~, "state maximum allowable cost" means the per unit	97708
amount the ~~department of job and family services reimburses~~	97709
medicaid program pays a terminal distributor of dangerous drugs	97710
for a ~~prescription~~prescribed drug included in the state maximum	97711
allowable cost program established under division (B) of this	97712
section. "State maximum allowable cost" excludes dispensing fees	97713
and copayments, coinsurance, or other cost-sharing charges, if	97714
any.	97715

~~(2) "Terminal distributor of dangerous drugs" has the same~~	97716
~~meaning as in section 4729.01 of the Revised Code.~~	97717

(B) The medicaid director ~~of job and family services~~ shall	97718
establish a state maximum allowable cost program for purposes of	97719
managing ~~reimbursement~~medicaid payments to terminal distributors	97720
of dangerous drugs for ~~prescription~~prescribed drugs identified by	97721
the director pursuant to this division. The director shall do all	97722
of the following with respect to the program:	97723

(1) Identify and create a list of ~~prescription~~ prescribed	97724
drugs to be included in the program.	97725

(2) Update the list of ~~prescription~~prescribed drugs	97726
described in division (B)(1) of this section on a weekly basis.	97727

(3) Review the state maximum allowable cost for each	97728
prescribed drug included on the list described in division (B)(1)	97729
of this section on a weekly basis.	97730

~~(C) The director may adopt rules in accordance with Chapter~~	97731
~~119. of the Revised Code to implement this section.~~	97732

~~Sec. 5111.07.~~ Sec. 5164.752. ~~Commencing in~~In July~~, 1986, and~~of	97733
every ~~second July thereafter~~even-numbered year, the department	97734
of ~~job and family services~~medicaid shall initiate a ~~private~~	97735
confidential survey of ~~retail pharmacy operations~~the cost of	97736
dispensing drugs incurred by terminal distributors of dangerous	97737
drugs in ~~the~~this state. The survey shall be used as the basis for	97738
establishing ~~a current maximum~~the medicaid program's dispensing	97739
fee for ~~licensed pharmacists who are providers of drugs under this~~	97740
~~chapter. The~~terminal distributors in accordance with section	97741
5164.753 of the Revised Code. The survey shall be completed and	97742
its results published not later than the last day of October of	97743
the year in which it is conducted.	97744

Each terminal distributor that is a provider of drugs under	97745
the medicaid program shall participate in the survey. Except as	97746
necessary to publish the survey's results, a terminal	97747
distributor's responses to the survey are confidential and not a	97748
public record under section 149.43 of the Revised Code.	97749

The survey shall be conducted in conformance with the	97750
requirements set forth in 42 C.F.R. ~~447.331 through 447.333, as~~	97751
~~amended or superseded, and~~447.500 to 447.518. The survey shall	97752
include operational data and direct prescription expenses,	97753
professional services and personnel costs, and usual and	97754
customary overhead expenses~~, and profit data~~ of the ~~retail~~	97755
~~pharmacies~~terminal distributors surveyed. The ~~survey shall be~~	97756
~~completed and its results published no later than the last day of~~	97757
~~October of the year in which the survey is conducted, and the~~	97758
survey shall compute and report the cost of dispensing ~~fees~~ on a	97759
basis of the usual and customary charges by ~~retail pharmacies~~	97760
terminal distributors to their customers for dispensing drugs. ~~The~~	97761
~~director of job and family services shall take into account the~~	97762
~~results of the survey in establishing a dispensing fee.~~	97763

~~Sec. 5111.071.~~ Sec. 5164.753. ~~Commencing in~~In December~~, 1986, and~~	97764
of every ~~second December thereafter~~even-numbered year, the	97765
medicaid director ~~of job and family services~~ shall establish a	97766
dispensing fee, effective the following ~~January~~July, for ~~licensed~~	97767
~~pharmacists~~terminal distributors of dangerous drugs who are	97768
providers of drugs under ~~this chapter~~the medicaid program. ~~The~~In	97769
establishing the dispensing fee, the director shall take into	97770
consideration the results of the survey conducted under section	97771
~~5111.07~~5164.752 of the Revised Code and the extent to which each	97772
terminal distributor participates in the medicaid program as a	97773
provider of drugs.	97774

~~Sec. 5111.0114.~~ Sec. 5164.754. (A) As used in this section,	97775
"dangerous drug" and "manufacturer of dangerous drugs" have the	97776
same meaning as in section 4729.01 of the Revised Code.	97777

(B) The medicaid director ~~of job and family services~~ may	97778
enter into or administer an agreement or cooperative arrangement	97779
with other states to create or join a multiple-state prescription	97780
drug purchasing program for the purpose of negotiating with	97781
manufacturers of dangerous drugs to receive discounts or rebates	97782
for dangerous drugs ~~dispensed under~~covered by the medicaid	97783
program.	97784

~~Sec. 5111.081.~~ Sec. 5164.755. The medicaid director ~~of job and~~	97785
~~family services~~, in rules adopted under section ~~5111.02~~5164.02 of	97786
the Revised Code, may establish and implement a supplemental drug	97787
rebate program under which drug manufacturers may be required to	97788
provide the department of ~~job and family services~~medicaid a	97789
supplemental rebate as a condition of having the drug	97790
manufacturers' drug products covered by the medicaid program	97791
without prior approval. The department may receive a supplemental	97792
rebate negotiated under the program for a drug dispensed to a	97793
medicaid recipient pursuant to a prescription or a drug purchased	97794
by a medicaid provider for administration to a medicaid recipient	97795
in the provider's primary place of business. ~~If necessary, the~~	97796
~~director may apply to the United States secretary of health and~~	97797
~~human services for a waiver of federal statutes and regulations to~~	97798
~~establish the supplemental drug rebate program.~~	97799

If the director establishes a supplemental drug rebate	97800
program, the director shall consult with drug manufacturers	97801
regarding the establishment and implementation of the program.	97802

~~Sec. 5101.31.~~ Sec. 5164.756. Any record, data, pricing information,	97803
or other information regarding a drug rebate agreement or a	97804
supplemental drug rebate agreement for the medicaid program	97805
~~established under Chapter 5111. of the Revised Code~~ that the	97806
department of ~~job and family services~~medicaid receives from a	97807
pharmaceutical manufacturer or creates pursuant to negotiation of	97808
the agreement is not a public record under section 149.43 of the	97809
Revised Code and shall be treated by the department as	97810
confidential information.	97811

~~Sec. 5111.083.~~ Sec. 5164.757. (A) As used in this section,	97812
"licensed health professional authorized to prescribe drugs" has	97813
the same meaning as in section 4729.01 of the Revised Code.	97814

(B) The medicaid director ~~of job and family services~~ may	97815
~~establish an~~acquire or specify technologies to provide	97816
information regarding medicaid recipient eligibility, claims	97817
history, and drug coverage to medicaid providers through	97818
electronic health record and e-prescribing ~~system for the~~	97819
~~medicaid program under which~~applications.	97820

If such technologies are acquired or specified, the	97821
e-prescribing applications shall enable a medicaid provider who	97822
is a licensed health professional authorized to prescribe drugs	97823
~~shall~~to use an electronic system to prescribe a drug for a	97824
medicaid recipient ~~when required to do so by division (C) of this~~	97825
~~section~~. The ~~e-prescribing~~purpose of the electronic system ~~shall~~	97826
is to eliminate the need for such medicaid providers to ~~make~~issue	97827
prescriptions for medicaid recipients by handwriting or telephone.	97828
The ~~e-prescribing system~~technologies acquired or specified by the	97829
director also shall provide such medicaid providers with an	97830
up-to-date, clinically relevant drug information database and a	97831
system of electronically monitoring medicaid recipients' medical	97832
history, drug regimen compliance, and fraud and abuse.	97833

~~(C) If the director establishes an e-prescribing system under~~	97834
~~division (B) of this section, the director shall do all of the~~	97835
~~following:~~	97836

~~(1) Require that a medicaid provider who is a licensed health~~	97837
~~professional authorized to prescribe drugs use the e-prescribing~~	97838
~~system during a fiscal year if the medicaid provider was one of~~	97839
~~the ten medicaid providers who, during the calendar year that~~	97840
~~precedes that fiscal year, issued the most prescriptions for~~	97841
~~medicaid recipients receiving hospital services;~~	97842

~~(2) Before the beginning of each fiscal year, determine the~~	97843
~~ten medicaid providers that issued the most prescriptions for~~	97844
~~medicaid recipients receiving hospital services during the~~	97845
~~calendar year that precedes the upcoming fiscal year and notify~~	97846
~~those medicaid providers that they must use the e-prescribing~~	97847
~~system for the upcoming fiscal year;~~	97848

~~(3) Seek the most federal financial participation available~~	97849
~~for the development and implementation of the e-prescribing~~	97850
~~system.~~	97851

~~Sec. 5111.085.~~ Sec. 5164.758. ~~Not later than July 1, 2012, the~~	97852
~~department of job and family services~~The medicaid director shall	97853
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	97854
of the Revised Code to implement a coordinated services program	97855
for medicaid recipients who are found to have obtained	97856
~~prescription~~prescribed drugs under the medicaid program at a	97857
frequency or in an amount that is not medically necessary. The	97858
program shall be implemented in a manner that is consistent with	97859
~~section 1915(a)(2) of~~ the "Social Security Act," ~~95 Stat. 810~~	97860
~~(1981)~~section 1915(a)(2), 42 U.S.C. 1396n(a)(2), ~~as amended,~~ and	97861
42 C.F.R. 431.54(e).	97862

~~Sec. 5111.08.~~ Sec. 5164.759. In accordance with ~~subsection (g) of~~	97863
~~section 1927 of~~ the "Social Security Act," ~~49 Stat. 320 (1935)~~	97864
section 1927(g), 42 U.S.C.A. 1396r-8(g), ~~as amended,~~ the	97865
department of ~~job and family services~~medicaid shall establish an	97866
outpatient drug use review program to assure that prescriptions	97867
obtained by medicaid recipients ~~of medical assistance under this~~	97868
~~chapter~~ are appropriate, medically necessary, and unlikely to	97869
cause adverse medical results.	97870

~~Sec. 5111.084.~~ Sec. 5164.7510. (A) There is hereby established the	97871
pharmacy and therapeutics committee of the department of ~~job and~~	97872
~~family services~~medicaid. The committee shall assist the	97873
department with developing and maintaining a preferred drug list	97874
for the medicaid program.	97875

The committee shall review and recommend to the medicaid	97876
director ~~of job and family services~~ the drugs that should be	97877
included on the preferred drug list. The recommendations shall be	97878
made based on the evaluation of competent evidence regarding the	97879
relative safety, efficacy, and effectiveness of ~~prescription~~	97880
prescribed drugs within a class or classes of ~~prescription~~	97881
prescribed drugs.	97882

(B) The committee shall consist of ten members and shall be	97883
appointed by the medicaid director ~~of job and family services~~. The	97884
director shall seek recommendations for membership from relevant	97885
professional organizations. A candidate for membership recommended	97886
by a professional organization shall have professional experience	97887
working with medicaid recipients.	97888

The membership of the committee shall include:

97889

(1) Three pharmacists licensed under Chapter 4729. of the	97890
Revised Code;	97891

(2) Two doctors of medicine and two doctors of osteopathy who	97892
hold certificates to practice issued under Chapter 4731. of the	97893
Revised Code, one of whom is a family practice physician;	97894

(3) A registered nurse licensed under Chapter 4723. of the	97895
Revised Code;	97896

(4) A pharmacologist who has a doctoral degree;

97897

(5) A psychiatrist who holds a certificate to practice issued	97898
under Chapter 4731. of the Revised Code and specializes in	97899
psychiatry.	97900

(C) The committee shall elect from among its members a	97901
chairperson. Five committee members constitute a quorum.	97902

The committee shall establish guidelines necessary for the	97903
committee's operation.	97904

The committee may establish one or more subcommittees to	97905
investigate and analyze issues consistent with the duties of the	97906
committee under this section. The subcommittees may submit	97907
proposals regarding the issues to the committee and the committee	97908
may adopt, reject, or modify the proposals.	97909

A vote by a majority of a quorum is necessary to make	97910
recommendations to the director. In the case of a tie, the	97911
chairperson shall decide the outcome.	97912

(D) The director shall act on the committee's recommendations	97913
not later than thirty days after the recommendation is posted on	97914
the department's web site under division (F) of this section. If	97915
the director does not accept a recommendation of the committee,	97916
the director shall present the basis for this determination not	97917
later than fourteen days after making the determination or at the	97918
next scheduled meeting of the committee, whichever is sooner.	97919

(E) An interested party may request, and shall be permitted,	97920
to make a presentation or submit written materials to the	97921
committee during a committee meeting. The presentation or other	97922
materials shall be relevant to an issue under consideration by the	97923
committee and any written material, including a transcript of	97924
testimony to be given on the day of the meeting, may be submitted	97925
to the committee in advance of the meeting.	97926

(F) The department shall post the following on the	97927
department's web site:	97928

(1) Guidelines established by the committee under division	97929
(C) of this section;	97930

(2) A detailed committee agenda not later than fourteen days	97931
prior to the date of a regularly scheduled meeting and not later	97932
than seventy-two hours prior to the date of a special meeting	97933
called by the committee;	97934

(3) Committee recommendations not later than seven days after	97935
the meeting at which the recommendation was approved;	97936

(4) The director's final determination as to the	97937
recommendations made by the committee under this section.	97938

~~Sec. 5111.025.~~ Sec. 5164.76. (A) In rules adopted under section	97939
~~5111.02~~5164.02 of the Revised Code, the medicaid director ~~of job~~	97940
~~and family services~~ shall modify the manner or establish a new	97941
manner in which the following are paid under medicaid:	97942

(1) Community mental health ~~agencies~~service providers or	97943
facilities for providing community mental health services ~~included~~	97944
incovered by the ~~state~~ medicaid ~~plan~~program pursuant to section	97945
~~5111.023~~5164.15 of the Revised Code;	97946

(2) Providers of alcohol and drug addiction services for	97947
providing alcohol and drug addiction services ~~included in~~covered	97948
by the medicaid program ~~pursuant to rules adopted under section~~	97949
~~5111.02 of the Revised Code~~.	97950

(B) The director's authority to modify the manner, or to	97951
establish a new manner, for medicaid to pay for the services	97952
specified in division (A) of this section is not limited by any	97953
rules adopted under section ~~5111.02 or 5119.61~~5119.22 or 5164.02	97954
of the Revised Code that are in effect on June 26, 2003, and	97955
govern the way medicaid pays for those services. This is the case	97956
regardless of what state agency adopted the rules.	97957

~~Sec. 5111.0213.~~ Sec. 5164.77. (A) As used in this section:

97958

(1) "Aide services" means all of the following:

97959

(a) Home health aide services available under the home health	97960
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	97961

(b) Home care attendant services available under a home and	97962
community-based services medicaid waiver component;	97963

(c) Personal care aide services available under a home and	97964
community-based services medicaid waiver component.	97965

(2) ~~"Home and community-based services medicaid waiver~~	97966
~~component" has the same meaning as in section 5111.85 of the~~	97967
~~Revised Code.~~	97968

~~(3)~~ "Independent provider" means an individual who personally	97969
provides aide services or nursing services and is not employed by,	97970
under contract with, or affiliated with another entity that	97971
provides those services.	97972

~~(4)~~(3) "Nursing services" means all of the following:

97973

(a) Nursing services available under the home health services	97974
benefit pursuant to 42 C.F.R. 440.70(b)(1);	97975

(b) Private duty nursing services as defined in 42 C.F.R.	97976
440.80;	97977

(c) Nursing services available under a home and	97978
community-based services medicaid waiver component.	97979

(B) The department of ~~job and family services~~medicaid shall	97980
do ~~both~~all of the following:	97981

(1) Effective October 1, 2011, reduce the medicaid program's	97982
first-hour-unit price for aide services to ninety-seven per cent	97983
of the price paid on June 30, 2011, and for nursing services to	97984
ninety-five per cent of the price paid on June 30, 2011;	97985

(2) Effective October 1, 2011, pay for a service that is an	97986
aide service or a nursing service provided by an independent	97987
provider eighty per cent of the price it pays for the same service	97988
provided by a provider that is not an independent provider;	97989

(3) Not sooner than July 1, 2012, adjust the medicaid	97990
~~reimbursement~~payment rates for aide services and nursing services	97991
in a manner that reflects, at a minimum, labor market data,	97992
education and licensure status, home health agency and independent	97993
provider status, and length of service visit.	97994

(C) The department shall strive to have the adjustment made	97995
under division (B)(3) of this section go into effect on July 1,	97996
2012. The reductions made under divisions (B)(1) and (2) of this	97997
section shall remain in effect until the adjustment made under	97998
division (B)(3) of this section goes into effect.	97999

~~(D) The director of job and family services shall adopt rules~~	98000
~~under sections 5111.02 and 5111.85 of the Revised Code as~~	98001
~~necessary to implement this section.~~	98002

~~Sec. 5111.0212.~~ Sec. 5164.80. As necessary to comply with ~~section~~	98003
~~1902(a)(13)(A) of~~ the "Social Security Act," ~~111 Stat. 507 (1997)~~	98004
section 1902(a)(13)(A), 42 U.S.C. 1396a(a)(13)(A), ~~as amended,~~ and	98005
any other federal law that requires public notice of proposed	98006
changes to ~~reimbursement~~payment rates for ~~medical assistance~~	98007
~~provided under the~~ medicaid ~~program~~services, the medicaid	98008
director ~~of job and family services~~ shall give public notice in	98009
the register of Ohio of any change to a method or standard used to	98010
determine the medicaid ~~reimbursement~~payment rate for ~~medical~~	98011
~~assistance~~a medicaid service.	98012

~~Sec. 5111.0214.~~ Sec. 5164.82. The department of ~~job and family~~	98013
~~services~~medicaid shall not knowingly make a medicaid payment for	98014
a provider-preventable condition for which federal financial	98015
participation is prohibited by regulations adopted under ~~section~~	98016
~~2702 of~~ the "Patient Protection and Affordable Care Act," ~~124~~	98017
~~Stat. 318 (2010)~~section 2702, 42 U.S.C. 1396b-1. ~~The director of~~	98018
~~job and family services shall adopt rules under section 5111.02 of~~	98019
~~the Revised Code as necessary to implement this section.~~	98020

Sec. 5164.83. (A) As used in this section:

98021

(1) "Core competencies," "direct care services," and "direct	98022
care worker" have the same meanings as in section 191.061 of the	98023
Revised Code.	98024

(2) "Direct payment" means payment by the medicaid program	98025
for direct care services provided by a direct care worker to a	98026
medicaid recipient that is delivered directly to the worker.	98027

(3) "Indirect payment" means payment by the medicaid program	98028
for direct care services provided by a direct care worker to a	98029
medicaid recipient that is delivered to a third party but later	98030
transferred to the worker.	98031

(B) The department of medicaid shall not do either of the	98032
following unless a direct care worker demonstrates core	98033
competencies in accordance with section 191.061 of the Revised	98034
Code:	98035

(1) Permit a direct or indirect payment to be made to the	98036
worker for a direct care service provided by the worker on or	98037
after October 1, 2015;	98038

(2) Enter into a provider agreement with the direct care	98039
worker on or after October 1, 2015.	98040

~~Sec. 5111.13.~~ Sec. 5164.85. (A) As used in this section,	98041
"cost-effective" and "group health plan" have the same meanings as	98042
in ~~section 1906 of~~ the "Social Security Act," ~~104 Stat. 1388-161~~	98043
~~(1990)~~section 1906, 42 U.S.C. 1396e, ~~as amended,~~ and any	98044
regulations adopted under that section.	98045

(B) The department of ~~job and family services~~medicaid may	98046
~~submit a medicaid state plan amendment to the United States~~	98047
~~secretary of health and human services for the purpose of~~	98048
~~implementing~~implement a program pursuant to ~~section 1906 of~~ the	98049
"Social Security Act," ~~104 Stat. 1388-161 (1990)~~section 1906, 42	98050
U.S.C. 1396e, ~~as amended,~~ for the enrollment of medicaid-eligible	98051
individuals in group health plans when the department determines	98052
that enrollment is cost-effective.	98053

~~(C) The director of job and family services may adopt rules~~	98054
~~in accordance with Chapter 119. of the Revised Code as necessary~~	98055
~~to implement this section.~~	98056

~~Sec. 5111.18.~~ Sec. 5164.86. ~~Not later than September 1, 2007, the~~	98057
The medicaid director ~~of job and family services~~ shall establish	98058
a qualified state long-term care insurance partnership program	98059
consistent with the definition of that term in the "Social	98060
Security Act," section 1917(b)(1)(C)(iii), 42 U.S.C.	98061
1396p(b)(1)(C)(iii). An individual participating in the program	98062
who is subject to the medicaid estate recovery program instituted	98063
under section ~~5111.11~~5162.21 of the Revised Code shall be	98064
eligible for the reduced adjustment or recovery under division (D)	98065
of that section.	98066

~~The director of job and family services may adopt rules in~~	98067
~~accordance with Chapter 119. of the Revised Code as necessary to~~	98068
~~implement this section.~~	98069

~~Sec. 5111.14.~~ Sec. 5164.88. The medicaid director ~~of job and family~~	98070
~~services~~ may ~~submit to the United States secretary of health and~~	98071
~~human services an amendment to the medicaid state plan in order to~~	98072
implement within the medicaid program a system under which	98073
medicaid recipients with chronic conditions are provided with	98074
coordinated care through health homes, as authorized by ~~section~~	98075
~~1945 of~~ the "Social Security Act," ~~124 Stat. 319 (2010)~~section	98076
1945, 42 U.S.C. 1396w-4.	98077

~~The director may adopt rules under section 5111.02 of the~~	98078
~~Revised Code to implement this section.~~	98079

~~Sec. 5111.141.~~ Sec. 5164.89. The department of ~~job and family~~	98080
~~services~~medicaid may require county departments of job and	98081
family services to provide case management of nonemergency	98082
transportation services provided under the ~~medical assistance~~	98083
medicaid program. County departments shall provide the case	98084
management if required by the department in accordance with rules	98085
adopted ~~by the director of job and family services~~under section	98086
5164.02 of the Revised Code.	98087

The department shall determine, for the purposes of claiming	98088
federal ~~reimbursement under the medical assistance program~~	98089
financial participation, whether it will claim expenditures for	98090
nonemergency transportation services as administrative or program	98091
expenditures.	98092

~~Sec. 5111.96.~~ Sec. 5164.90. (A) As used in this section, "MFP	98093
demonstration project" means a money follows the person	98094
demonstration project that the United States secretary of health	98095
and human services is authorized to award under section 6071 of	98096
the "Deficit Reduction Act of 2005" (Pub. L. No. 109-171, as	98097
amended).	98098

(B) To the extent funds are available under an MFP	98099
demonstration project awarded to the department of ~~job and family~~	98100
~~services~~medicaid, the director of ~~job and family services~~	98101
medicaid may operate the helping Ohioans move, expanding (HOME)	98102
choice demonstration component of the medicaid program to	98103
transition medicaid recipients who qualify for the demonstration	98104
component to community settings. ~~The director may adopt rules in~~	98105
~~accordance with Chapter 119. of the Revised Code for the~~	98106
~~administration and operation of the demonstration component.~~	98107

~~Sec. 5111.981.~~ Sec. 5164.91. ~~(A) As used in this section and~~	98108
~~section 5111.982 of the Revised Code:~~	98109

~~"Dual eligible individual" has the same meaning as in the~~	98110
~~"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.~~	98111
~~1396n(h)(2)(B).~~	98112

~~"Medicare" means the program created in the "Social Security~~	98113
~~Act," Title XVIII, 42 U.S.C. 1395 et seq., as amended.~~	98114

~~(B) Subject to division (C) of this section, the medical~~	98115
~~assistance~~The medicaid director may implement a demonstration	98116
project called the integrated care delivery system to test and	98117
evaluate the integration of the care that dual eligible	98118
individuals receive under medicare and medicaid. No provision of	98119
Title LI of the Revised Code applies to the integrated care	98120
delivery system if that provision implements or incorporates a	98121
provision of federal law governing medicaid and that provision of	98122
federal law does not apply to the system.	98123

~~(C) Before implementing the integrated care delivery system~~	98124
~~under division (B) of this section, the director shall obtain the~~	98125
~~approval of the United States secretary of health and human~~	98126
~~services in the form of a federal medicaid waiver, medicaid state~~	98127
~~plan amendment, or demonstration grant. The director is required~~	98128
~~to seek the federal approval only if the director seeks to~~	98129
~~implement the integrated care delivery system. The director shall~~	98130
~~implement the integrated care delivery system in accordance with~~	98131
~~the terms of the federal approval, including the terms regarding~~	98132
~~the duration of the system.~~	98133

~~Sec. 5111.0210.~~ Sec. 5164.92. As used in this section, "advanced	98134
diagnostic imaging services" means magnetic resonance imaging	98135
services, computed tomography services, positron emission	98136
tomography services, cardiac nuclear medicine services, and	98137
similar imaging services.	98138

~~Not later than January 1, 2010, the~~The department of ~~job and~~	98139
~~family services~~medicaid shall implement evidence-based, best	98140
practice guidelines or protocols and decision support tools for	98141
advanced diagnostic imaging services ~~available under~~covered by	98142
the fee-for-service component of the medicaid program.	98143

~~Sec. 5111.0215.~~ Sec. 5164.93. (A) The department of ~~job and family~~	98144
~~services~~medicaid may establish a program under which it provides	98145
incentive payments, as authorized by the "~~Health Information~~	98146
~~Technology for Economic and Clinical Health~~Social Security Act,"	98147
~~123 Stat. 489 (2009)~~section 1903(a)(3)(F) and (t), 42 U.S.C.	98148
1396b(a)(3)(F) and ~~1396b~~(t), ~~as amended,~~ to encourage the adoption	98149
and use of electronic health record technology by medicaid	98150
providers who are identified under that federal law as eligible	98151
professionals.	98152

(B) After the department has made a determination regarding	98153
the amount of a medicaid provider's electronic health record	98154
incentive payment or the denial of an incentive payment, the	98155
department shall notify the provider. The provider may request	98156
that the department reconsider its determination.	98157

A request for reconsideration shall be submitted in writing	98158
to the department not later than fifteen days after the provider	98159
receives notification of the determination. The request shall be	98160
accompanied by written materials setting forth the basis for, and	98161
supporting, the reconsideration request.	98162

On receipt of a timely request, the department shall	98163
reconsider the determination. On the basis of the written	98164
materials accompanying the request, the department may uphold,	98165
reverse, or modify its original determination. The department	98166
shall mail to the provider by certified mail a written notice of	98167
the reconsideration decision.	98168

In accordance with Chapter 2505. of the Revised Code, the	98169
medicaid provider may appeal the reconsideration decision by	98170
filing a notice of appeal with the court of common pleas of	98171
Franklin county. The notice shall identify the decision being	98172
appealed and the specific grounds for the appeal. The notice of	98173
appeal shall be filed not later than fifteen days after the	98174
department mails its notice of the reconsideration decision. A	98175
copy of the notice of appeal shall be filed with the department	98176
not later than three days after the notice is filed with the	98177
court.	98178

(C) The medicaid director ~~of job and family services~~ may	98179
adopt rules ~~in accordance with Chapter 119.~~under section 5162.02	98180
of the Revised Code as necessary to implement this section. The	98181
rules, if any, shall be adopted in accordance with Chapter 119. of	98182
the Revised Code.	98183

~~Sec. 5111.20.~~ Sec. 5165.01. As used in ~~sections 5111.20 to~~	98184
~~5111.331 of the Revised Code~~this chapter:	98185

(A) "Affiliated operator" means an operator affiliated with	98186
either of the following:	98187

(1) The exiting operator for whom the affiliated operator is	98188
to assume liability for the entire amount of the exiting	98189
operator's debt under the medicaid program or the portion of the	98190
debt that represents the franchise permit fee the exiting operator	98191
owes;	98192

(2) The entering operator involved in the change of operator	98193
with the exiting operator specified in division (A)(1) of this	98194
section.	98195

(B) "Allowable costs" are ~~those~~a nursing facility's costs	98196
~~determined by~~that the department of ~~job and family services to be~~	98197
medicaid determines are reasonable ~~and do not include fines~~. Fines	98198
paid under sections ~~5111.35~~5165.60 to ~~5111.61~~5165.89 and section	98199
~~5111.99~~5165.99 of the Revised Code are not allowable costs.	98200

~~(B)~~(C) "Ancillary and support costs" means all reasonable	98201
costs incurred by a nursing facility other than direct care costs,	98202
tax costs, or capital costs. "Ancillary and support costs"	98203
includes, but is not limited to, costs of activities, social	98204
services, pharmacy consultants, habilitation supervisors,	98205
qualified mental retardation professionals, program directors,	98206
medical and habilitation records, program supplies, incontinence	98207
supplies, food, enterals, dietary supplies and personnel, laundry,	98208
housekeeping, security, administration, medical equipment,	98209
utilities, liability insurance, bookkeeping, purchasing	98210
department, human resources, communications, travel, dues, license	98211
fees, subscriptions, home office costs not otherwise allocated,	98212
legal services, accounting services, minor equipment, maintenance	98213
and repairs, help-wanted advertising, informational advertising,	98214
start-up costs, organizational expenses, other interest, property	98215
insurance, employee training and staff development, employee	98216
benefits, payroll taxes, and workers' compensation premiums or	98217
costs for self-insurance claims and related costs as specified in	98218
rules adopted ~~by the director of job and family services~~ under	98219
section ~~5111.02~~5165.02 of the Revised Code, for personnel listed	98220
in this division. "Ancillary and support costs" also means the	98221
cost of equipment, including vehicles, acquired by operating lease	98222
executed before December 1, 1992, if the costs are reported as	98223
administrative and general costs on the nursing facility's cost	98224
report for the cost reporting period ending December 31, 1992.	98225

~~(C)~~(D)(1) "Capital costs" means ~~costs of ownership and, in~~	98226
~~the case of an intermediate care facility for the mentally~~	98227
~~retarded, costs of nonextensive renovation~~the actual expense	98228
incurred by a nursing facility for all of the following:	98229

(a) Depreciation and interest on any capital assets that cost	98230
five hundred dollars or more per item, including the following:	98231

(i) Buildings;

98232

(ii) Building improvements;

98233

(iii) Except as provided in division (C) of this section,	98234
equipment;	98235

(iv) Transportation equipment.

98236

(b) Amortization and interest on land improvements and	98237
leasehold improvements;	98238

98239

(d) Lease and rent of land, buildings, and equipment.

98240

(2) The costs of capital assets of less than five hundred	98241
dollars per item may be considered capital costs in accordance	98242
with a provider's practice.	98243

~~(1) "Cost of ownership" means the actual expense incurred for~~	98244
~~all of the following:~~	98245

~~(a) Depreciation and interest on any capital assets that cost~~	98246
~~five hundred dollars or more per item, including the following:~~	98247

~~(i) Buildings;~~

98248

~~(ii) Building improvements that are not approved as~~	98249
~~nonextensive renovations under section 5111.251 of the Revised~~	98250
~~Code;~~	98251

~~(iii) Except as provided in division (B) of this section,~~	98252
~~equipment;~~	98253

~~(iv) In the case of an intermediate care facility for the~~	98254
~~mentally retarded, extensive renovations;~~	98255

~~(v) Transportation equipment.~~

98256

~~(b) Amortization and interest on land improvements and~~	98257
~~leasehold improvements;~~	98258

~~(c) Amortization of financing costs;~~

98259

~~(d) Except as provided in division (K) of this section, lease~~	98260
~~and rent of land, building, and equipment.~~	98261

~~The costs of capital assets of less than five hundred dollars~~	98262
~~per item may be considered capital costs in accordance with a~~	98263
~~provider's practice.~~	98264

~~(2) "Costs of nonextensive renovation" means the actual~~	98265
~~expense incurred by an intermediate care facility for the mentally~~	98266
~~retarded for depreciation or amortization and interest on~~	98267
~~renovations that are not extensive renovations.~~	98268

~~(D)~~(E) "Capital lease" and "operating lease" shall be	98269
construed in accordance with generally accepted accounting	98270
principles.	98271

~~(E) "Case-mix score" means the measure determined under~~	98272
~~section 5111.232 of the Revised Code of the relative direct-care~~	98273
~~resources needed to provide care and habilitation to a resident of~~	98274
~~a nursing facility or intermediate care facility for the mentally~~	98275
~~retarded.~~	98276

(F) "Case-mix score" means a measure determined under section	98277
5165.192 of the Revised Code of the relative direct-care resources	98278
needed to provide care and habilitation to a nursing facility	98279
resident.	98280

(G) "Change of operator" means an entering operator becoming	98281
the operator of a nursing facility in the place of the exiting	98282
operator.	98283

(1) Actions that constitute a change of operator include the	98284
following:	98285

(a) A change in an exiting operator's form of legal	98286
organization, including the formation of a partnership or	98287
corporation from a sole proprietorship;	98288

(b) A transfer of all the exiting operator's ownership	98289
interest in the operation of the nursing facility to the entering	98290
operator, regardless of whether ownership of any or all of the	98291
real property or personal property associated with the nursing	98292
facility is also transferred;	98293

(c) A lease of the nursing facility to the entering operator	98294
or the exiting operator's termination of the exiting operator's	98295
lease;	98296

(d) If the exiting operator is a partnership, dissolution of	98297
the partnership;	98298

(e) If the exiting operator is a partnership, a change in	98299
composition of the partnership unless both of the following apply:	98300

(i) The change in composition does not cause the	98301
partnership's dissolution under state law.	98302

(ii) The partners agree that the change in composition does	98303
not constitute a change in operator.	98304

(f) If the operator is a corporation, dissolution of the	98305
corporation, a merger of the corporation into another corporation	98306
that is the survivor of the merger, or a consolidation of one or	98307
more other corporations to form a new corporation.	98308

(2) The following, alone, do not constitute a change of	98309
operator:	98310

(a) A contract for an entity to manage a nursing facility as	98311
the operator's agent, subject to the operator's approval of daily	98312
operating and management decisions;	98313

(b) A change of ownership, lease, or termination of a lease	98314
of real property or personal property associated with a nursing	98315
facility if an entering operator does not become the operator in	98316
place of an exiting operator;	98317

(c) If the operator is a corporation, a change of one or more	98318
members of the corporation's governing body or transfer of	98319
ownership of one or more shares of the corporation's stock, if the	98320
same corporation continues to be the operator.	98321

(H) "Cost center" means the following:

98322

(1) Ancillary and support costs;

98323

(2) Capital costs;

98324

(3) Direct care costs;

98325

(4) Tax costs.

98326

(I) "Custom wheelchair" means a wheelchair to which both of	98327
the following apply:	98328

(1) It has been measured, fitted, or adapted in consideration	98329
of either of the following:	98330

(a) The body size or disability of the individual who is to	98331
use the wheelchair;	98332

(b) The individual's period of need for, or intended use of,	98333
the wheelchair.	98334

(2) It has customized features, modifications, or components,	98335
such as adaptive seating and positioning systems, that the	98336
supplier who assembled the wheelchair, or the manufacturer from	98337
which the wheelchair was ordered, added or made in accordance with	98338
the instructions of the physician of the individual who is to use	98339
the wheelchair.	98340

(J)(1) "Date of licensure," ~~for a~~means the following:

98341

(a) In the case of a nursing facility ~~originally~~that was	98342
required by law to be licensed as a nursing home under Chapter	98343
3721. of the Revised Code when it originally began to be operated	98344
as a nursing home, ~~means~~ the date ~~specific beds were~~the nursing	98345
facility was originally so licensed ~~as nursing home beds under~~	98346
~~that chapter, regardless of whether they were subsequently~~	98347
~~licensed as residential facility beds under section 5123.19 of the~~	98348
~~Revised Code. For a facility originally licensed as a residential~~	98349
~~facility under section 5123.19 of the Revised Code, "date of~~	98350
~~licensure" means the date specific beds were originally licensed~~	98351
~~as residential facility beds under that section.~~;	98352

If(b) In the case of a nursing ~~home beds licensed under~~	98353
~~Chapter 3721. of the Revised Code or residential facility beds~~	98354
~~licensed under section 5123.19 of the Revised Code were~~facility	98355
that was not required by law to be licensed as a nursing home when	98356
~~they were~~it originally ~~used to provide~~began to be operated as a	98357
nursing home ~~or residential facility services~~, ~~"date of licensure"~~	98358
~~means~~ the date ~~the beds~~it first ~~were used to provide~~began to be	98359
operated as a nursing home ~~or residential facility services~~,	98360
regardless of the date the ~~present provider obtained licensure~~	98361
nursing facility was first licensed as a nursing home.	98362

(2) If ~~a facility adds~~, after a nursing facility's original	98363
date of licensure, more nursing home beds ~~or residential facility~~	98364
~~beds or extensively renovatesall or part of the facility after~~	98365
~~its original date of licensure~~are added to the nursing facility,	98366
~~it will have~~the nursing facility has a different date of	98367
licensure for the additional beds ~~or extensively renovated portion~~	98368
~~of the facility, unless the beds are added in a space~~. This does	98369
not apply, however, to additional beds when both of the following	98370
apply:	98371

(a) The additional beds are located in a part of the nursing	98372
facility that was constructed at the same time as the ~~previously~~	98373
~~licensed~~continuing beds ~~but~~already located in that part of the	98374
nursing facility;	98375

(b) The part of the nursing facility in which the additional	98376
beds are located was constructed as part of the nursing facility	98377
at a time when the nursing facility was not required by law to be	98378
licensed ~~under Chapter 3721. or section 5123.19 of the Revised~~	98379
~~Code at that time~~as a nursing home.	98380

~~(2)~~(3) The definition of "date of licensure" in this section	98381
applies in determinations of ~~the~~nursing facilities' medicaid	98382
~~reimbursement rate for a nursing facility or intermediate care~~	98383
~~facility for the mentally retarded~~payment rates but does not	98384
apply in determinations of ~~the~~nursing facilities' franchise	98385
permit ~~fee for a nursing facility or intermediate care facility~~	98386
~~for the mentally retarded~~fees.	98387

~~(G)~~(K) "Desk-reviewed" means that a nursing facility's costs	98388
as reported on a cost report submitted under section ~~5111.26~~	98389
5165.10 of the Revised Code have been subjected to a desk review	98390
under ~~division (A) of~~ section ~~5111.27~~5165.108 of the Revised Code	98391
and preliminarily determined to be allowable costs.	98392

~~(H)~~(L) "Direct care costs" means all of the following costs	98393
incurred by a nursing facility:	98394

(1)~~(a)~~ Costs for registered nurses, licensed practical	98395
nurses, and nurse aides employed by the nursing facility;	98396

~~(b)~~(2) Costs for direct care staff, administrative nursing	98397
staff, medical directors, respiratory therapists, and except as	98398
provided in division ~~(H)(2)~~(L)(8) of this section, other persons	98399
holding degrees qualifying them to provide therapy;	98400

~~(c)~~(3) Costs of purchased nursing services;

98401

~~(d)~~(4) Costs of quality assurance;

98402

~~(e)~~(5) Costs of training and staff development, employee	98403
benefits, payroll taxes, and workers' compensation premiums or	98404
costs for self-insurance claims and related costs as specified in	98405
rules adopted ~~by the director of job and family services in~~	98406
~~accordance with Chapter 119.~~under section 5165.02 of the Revised	98407
Code, for personnel listed in divisions ~~(H)~~(L)(1)~~(a)~~, ~~(b)~~(2), ~~and~~	98408
~~(d)~~(4), and (8) of this section;	98409

~~(f)~~(6) Costs of consulting and management fees related to	98410
direct care;	98411

~~(g)~~(7) Allocated direct care home office costs.

98412

~~(2) In addition to the costs specified in division (H)(1) of~~	98413
~~this section, for nursing facilities only, direct care costs~~	98414
~~include costs~~;	98415

(8) Costs of habilitation staff (other than habilitation	98416
supervisors), medical supplies, oxygen, over-the-counter pharmacy	98417
products, behavioral and mental health services, physical	98418
therapists, physical therapy assistants, occupational therapists,	98419
occupational therapy assistants, speech therapists, audiologists,	98420
habilitation supplies, ~~wheelchairs,~~ resident transportation, and	98421
universal precautions supplies.;	98422

~~(3) In addition to the costs specified in division (H)(1) of~~	98423
~~this section, for intermediate care facilities for the mentally~~	98424
~~retarded only, direct care costs include both of the following:~~	98425

~~(a) Costs for physical therapists and physical therapy~~	98426
~~assistants, occupational therapists and occupational therapy~~	98427
~~assistants, speech therapists, audiologists, habilitation staff~~	98428
~~(including habilitation supervisors), qualified mental retardation~~	98429
~~professionals, program directors, social services staff,~~	98430
~~activities staff, off-site day programming, psychologists and~~	98431
~~psychology assistants, and social workers and counselors;~~	98432

~~(b) Costs of training and staff development, employee~~	98433
~~benefits, payroll taxes, and workers' compensation premiums or~~	98434
~~costs for self-insurance claims and related costs as specified in~~	98435
~~rules adopted under section 5111.02 of the Revised Code, for~~	98436
~~personnel listed in division (H)(3)(a) of this section.~~	98437

~~(4)~~(9) Costs of wheelchairs other than the following:

98438

(a) Custom wheelchairs;

98439

(b) Repairs to and replacements of custom wheelchairs and	98440
parts that are made in accordance with the instructions of the	98441
physician of the individual who uses the custom wheelchair.	98442

(10) Costs of other direct-care resources that are specified	98443
as direct care costs in rules adopted under section ~~5111.02~~	98444
5165.02 of the Revised Code.	98445

~~(I)~~(M) "Dual eligible individual" has the same meaning as in	98446
section 5160.01 of the Revised Code.	98447

(N) "Effective date of a change of operator" means the day	98448
the entering operator becomes the operator of the nursing	98449
facility.	98450

(O) "Effective date of a facility closure" means the last day	98451
that the last of the residents of the nursing facility resides in	98452
the nursing facility.	98453

(P) "Effective date of an involuntary termination" means the	98454
date the department of medicaid terminates the operator's provider	98455
agreement for the nursing facility.	98456

(Q) "Effective date of a voluntary withdrawal of	98457
participation" means the day the nursing facility ceases to accept	98458
new medicaid residents other than the individuals who reside in	98459
the nursing facility on the day before the effective date of the	98460
voluntary withdrawal of participation.	98461

(R) "Entering operator" means the person or government entity	98462
that will become the operator of a nursing facility when a change	98463
of operator occurs or following an involuntary termination.	98464

(S) "Exiting operator" means any of the following:

98465

(1) An operator that will cease to be the operator of a	98466
nursing facility on the effective date of a change of operator;	98467

(2) An operator that will cease to be the operator of a	98468
nursing facility on the effective date of a facility closure;	98469

(3) An operator of a nursing facility that is undergoing or	98470
has undergone a voluntary withdrawal of participation;	98471

(4) An operator of a nursing facility that is undergoing or	98472
has undergone an involuntary termination.	98473

(T)(1) Subject to divisions (T)(2) and (3) of this section,	98474
"facility closure" means either of the following:	98475

(a) Discontinuance of the use of the building, or part of the	98476
building, that houses the facility as a nursing facility that	98477
results in the relocation of all of the nursing facility's	98478
residents;	98479

(b) Conversion of the building, or part of the building, that	98480
houses a nursing facility to a different use with any necessary	98481
license or other approval needed for that use being obtained and	98482
one or more of the nursing facility's residents remaining in the	98483
building, or part of the building, to receive services under the	98484
new use.	98485

(2) A facility closure occurs regardless of any of the	98486
following:	98487

(a) The operator completely or partially replacing the	98488
nursing facility by constructing a new nursing facility or	98489
transferring the nursing facility's license to another nursing	98490
facility;	98491

(b) The nursing facility's residents relocating to another of	98492
the operator's nursing facilities;	98493

(c) Any action the department of health takes regarding the	98494
nursing facility's medicaid certification that may result in the	98495
transfer of part of the nursing facility's survey findings to	98496
another of the operator's nursing facilities;	98497

(d) Any action the department of health takes regarding the	98498
nursing facility's license under Chapter 3721. of the Revised	98499
Code.	98500

(3) A facility closure does not occur if all of the nursing	98501
facility's residents are relocated due to an emergency evacuation	98502
and one or more of the residents return to a medicaid-certified	98503
bed in the nursing facility not later than thirty days after the	98504
evacuation occurs.	98505

(U) "Fiscal year" means the fiscal year of this state, as	98506
specified in section 9.34 of the Revised Code.	98507

~~(J)~~(V) "Franchise permit fee" means ~~the following:~~

98508

~~(1) In the context of nursing facilities,~~ the fee imposed by	98509
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code;	98510

~~(2) In the context of intermediate care facilities for the~~	98511
~~mentally retarded, the fee imposed by sections 5112.30 to 5112.39~~	98512
~~of the Revised Code~~.	98513

~~(K) "Indirect care costs" means all reasonable costs incurred~~	98514
~~by an intermediate care facility for the mentally retarded other~~	98515
~~than direct care costs, other protected costs, or capital costs.~~	98516
~~"Indirect care costs" includes but is not limited to costs of~~	98517
~~habilitation supplies, pharmacy consultants, medical and~~	98518
~~habilitation records, program supplies, incontinence supplies,~~	98519
~~food, enterals, dietary supplies and personnel, laundry,~~	98520
~~housekeeping, security, administration, liability insurance,~~	98521
~~bookkeeping, purchasing department, human resources,~~	98522
~~communications, travel, dues, license fees, subscriptions, home~~	98523
~~office costs not otherwise allocated, legal services, accounting~~	98524
~~services, minor equipment, maintenance and repairs, help-wanted~~	98525
~~advertising, informational advertising, start-up costs,~~	98526
~~organizational expenses, other interest, property insurance,~~	98527
~~employee training and staff development, employee benefits,~~	98528
~~payroll taxes, and workers' compensation premiums or costs for~~	98529
~~self-insurance claims and related costs as specified in rules~~	98530
~~adopted under section 5111.02 of the Revised Code, for personnel~~	98531
~~listed in this division. Notwithstanding division (C)(1) of this~~	98532
~~section, "indirect care costs" also means the cost of equipment,~~	98533
~~including vehicles, acquired by operating lease executed before~~	98534
~~December 1, 1992, if the costs are reported as administrative and~~	98535
~~general costs on the facility's cost report for the cost reporting~~	98536
~~period ending December 31, 1992.~~	98537

~~(L)~~(W) "Inpatient days" means ~~the following:~~

98538

~~(1) In the context of a nursing facility,~~ both of the	98539
following:	98540

~~(a)~~(1) All days during which a resident, regardless of	98541
payment source, occupies a bed in a nursing facility that is	98542
included in the nursing facility's ~~certified~~medicaid-certified	98543
capacity ~~under Title XIX~~;	98544

~~(b)~~(2) Fifty per cent of the days for which payment is made	98545
under section ~~5111.331~~5165.34 of the Revised Code.	98546

~~(2) In the context of an intermediate care facility for the~~	98547
~~mentally retarded, both of the following:~~	98548

~~(a) All days during which a resident, regardless of payment~~	98549
~~source, occupies a bed in an intermediate care facility for the~~	98550
~~mentally retarded that is included in the facility's certified~~	98551
~~capacity under Title XIX;~~	98552

~~(b) All days for which payment is made under section 5111.33~~	98553
~~of the Revised Code.~~	98554

~~(M) "Intermediate care facility for the mentally retarded"~~	98555
~~means an intermediate care facility for the mentally retarded~~	98556
~~certified as in compliance with applicable standards for the~~	98557
~~medicaid program by the director of health in accordance with~~	98558
~~Title XIX.~~	98559

~~(N)~~(X) "Involuntary termination" means the department of	98560
medicaid's termination of the operator's provider agreement for	98561
the nursing facility when the termination is not taken at the	98562
operator's request.	98563

(Y) "Low resource utilization resident" means a medicaid	98564
recipient residing in a nursing facility who, for purposes of	98565
calculating the nursing facility's medicaid payment rate for	98566
direct care costs, is placed in either of the two lowest resource	98567
utilization groups, excluding any resource utilization group that	98568
is a default group used for residents with incomplete assessment	98569
data.	98570

(Z) "Maintenance and repair expenses" means~~, except as~~	98571
~~provided in division (BB)(2) of this section,~~a nursing facility's	98572
expenditures that are necessary and proper to maintain an asset in	98573
a normally efficient working condition and that do not extend the	98574
useful life of the asset two years or more. "Maintenance and	98575
repair expenses" includes but is not limited to the ~~cost~~costs of	98576
ordinary repairs such as painting and wallpapering.	98577

~~(O)~~(AA) "Medicaid-certified capacity" means the number of a	98578
nursing facility's beds that are certified for participation in	98579
medicaid as nursing facility beds.	98580

(BB) "Medicaid days" means ~~the following:~~

98581

~~(1) In the context of a nursing facility,~~ both of the	98582
following:	98583

~~(a)~~(1) All days during which a resident who is a medicaid	98584
recipient eligible for nursing facility services occupies a bed in	98585
a nursing facility that is included in the nursing facility's	98586
~~certified~~medicaid-certified capacity ~~under Title XIX~~;	98587

~~(b)~~(2) Fifty per cent of the days for which payment is made	98588
under section ~~5111.331~~5165.34 of the Revised Code.	98589

~~(2) In the context of an intermediate care facility for the~~	98590
~~mentally retarded, both of the following:~~	98591

~~(a) All days during which a resident who is a medicaid~~	98592
~~recipient eligible for intermediate care facility for the mentally~~	98593
~~retarded services occupies a bed in an intermediate care facility~~	98594
~~for the mentally retarded that is included in the facility's~~	98595
~~certified capacity under Title XIX;~~	98596

~~(b) All days for which payment is made under section 5111.33~~	98597
~~of the Revised Code.~~	98598

~~(P)~~(CC)(1) "New nursing facility" means a nursing facility	98599
for which the provider obtains an initial provider agreement	98600
following medicaid certification of the nursing facility by the	98601
director of health, including such a nursing facility that	98602
replaces one or more nursing facilities for which a provider	98603
previously held a provider agreement.	98604

(2) "New nursing facility" does not mean a nursing facility	98605
for which the entering operator seeks a provider agreement	98606
pursuant to section 5165.511 or 5165.512 or (pursuant to section	98607
5165.515) section 5165.07 of the Revised Code.	98608

(DD) "Nursing facility" ~~means a facility, or a distinct part~~	98609
~~of a facility, that is certified as a nursing facility by the~~	98610
~~director of health in accordance with Title XIX and is not an~~	98611
~~intermediate care facility for the mentally retarded. "Nursing~~	98612
~~facility" includes a facility, or a distinct part of a facility,~~	98613
~~that is certified as a nursing facility by the director of health~~	98614
~~in accordance with Title XIX and is certified as a skilled nursing~~	98615
~~facility by the director in accordance with Title XVIII~~has the	98616
same meaning as in the "Social Security Act," section 1919(a), 42	98617
U.S.C. 1396r(a).	98618

~~(Q)~~(EE) "Nursing facility services" has the same meaning as	98619
in the "Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).	98620

(FF) "Nursing home" has the same meaning as in section	98621
3721.01 of the Revised Code.	98622

(GG) "Operator" means the person or government entity	98623
responsible for the daily operating and management decisions for a	98624
nursing facility ~~or intermediate care facility for the mentally~~	98625
~~retarded~~.	98626

~~(R) "Other protected costs" means costs incurred by an~~	98627
~~intermediate care facility for the mentally retarded for medical~~	98628
~~supplies; real estate, franchise, and property taxes; natural gas,~~	98629
~~fuel oil, water, electricity, sewage, and refuse and hazardous~~	98630
~~medical waste collection; allocated other protected home office~~	98631
~~costs; and any additional costs defined as other protected costs~~	98632
~~in rules adopted under section 5111.02 of the Revised Code.~~	98633

~~(S)~~(HH)(1) "Owner" means any person or government entity that	98634
has at least five per cent ownership or interest, either directly,	98635
indirectly, or in any combination, in any of the following	98636
regarding a nursing facility ~~or intermediate care facility for the~~	98637
~~mentally retarded~~:	98638

(a) The land on which the nursing facility is located;

98639

(b) The structure in which the nursing facility is located;

98640

(c) Any mortgage, contract for deed, or other obligation	98641
secured in whole or in part by the land or structure on or in	98642
which the nursing facility is located;	98643

(d) Any lease or sublease of the land or structure on or in	98644
which the nursing facility is located.	98645

(2) "Owner" does not mean a holder of a debenture or bond	98646
related to the nursing facility ~~or intermediate care facility for~~	98647
~~the mentally retarded~~ and purchased at public issue or a regulated	98648
lender that has made a loan related to the nursing facility unless	98649
the holder or lender operates the nursing facility directly or	98650
through a subsidiary.	98651

~~(T) "Patient" includes "resident."~~

98652

~~(U) Except as provided in divisions (U)(1) and (2) of this~~	98653
~~section, "per~~(II) "Per diem" means a nursing facility's or	98654
~~intermediate care facility for the mentally retarded's~~ actual,	98655
allowable costs in a given cost center in a cost reporting period,	98656
divided by the nursing facility's inpatient days for that cost	98657
reporting period.	98658

~~(1) When calculating indirect care costs for the purpose of~~	98659
~~establishing rates under section 5111.241 of the Revised Code,~~	98660
~~"per diem" means an intermediate care facility for the mentally~~	98661
~~retarded's actual, allowable indirect care costs in a cost~~	98662
~~reporting period divided by the greater of the facility's~~	98663
~~inpatient days for that period or the number of inpatient days the~~	98664
~~facility would have had during that period if its occupancy rate~~	98665
~~had been eighty-five per cent.~~	98666

~~(2) When calculating capital costs for the purpose of~~	98667
~~establishing rates under section 5111.251 of the Revised Code,~~	98668
~~"per diem" means a facility's actual, allowable capital costs in a~~	98669
~~cost reporting period divided by the greater of the facility's~~	98670
~~inpatient days for that period or the number of inpatient days the~~	98671
~~facility would have had during that period if its occupancy rate~~	98672
~~had been ninety-five per cent.~~	98673

~~(V)~~(JJ) "Provider" means an operator with a provider	98674
agreement.	98675

~~(W)~~(KK) "Provider agreement" means a ~~contract~~provider	98676
agreement, as defined in section 5164.01 of the Revised Code, that	98677
is between the department of ~~job and family services~~medicaid and	98678
the operator of a nursing facility ~~or intermediate care facility~~	98679
~~for the mentally retarded~~ for the provision of nursing facility	98680
services ~~or intermediate care facility services for the mentally~~	98681
~~retarded~~ under the medicaid program.	98682

~~(X)~~(LL) "Purchased nursing services" means services that are	98683
provided in a nursing facility by registered nurses, licensed	98684
practical nurses, or nurse aides who are not employees of the	98685
nursing facility.	98686

~~(Y)~~(MM) "Reasonable" means that a cost is an actual cost that	98687
is appropriate and helpful to develop and maintain the operation	98688
of patient care facilities and activities, including normal	98689
standby costs, and that does not exceed what a prudent buyer pays	98690
for a given item or services. Reasonable costs may vary from	98691
provider to provider and from time to time for the same provider.	98692

~~(Z)~~(NN) "Related party" means an individual or organization	98693
that, to a significant extent, has common ownership with, is	98694
associated or affiliated with, has control of, or is controlled	98695
by, the provider.	98696

(1) An individual who is a relative of an owner is a related	98697
party.	98698

(2) Common ownership exists when an individual or individuals	98699
possess significant ownership or equity in both the provider and	98700
the other organization. Significant ownership or equity exists	98701
when an individual or individuals possess five per cent ownership	98702
or equity in both the provider and a supplier. Significant	98703
ownership or equity is presumed to exist when an individual or	98704
individuals possess ten per cent ownership or equity in both the	98705
provider and another organization from which the provider	98706
purchases or leases real property.	98707

(3) Control exists when an individual or organization has the	98708
power, directly or indirectly, to significantly influence or	98709
direct the actions or policies of an organization.	98710

(4) An individual or organization that supplies goods or	98711
services to a provider shall not be considered a related party if	98712
all of the following conditions are met:	98713

(a) The supplier is a separate bona fide organization.

98714

(b) A substantial part of the supplier's business activity of	98715
the type carried on with the provider is transacted with others	98716
than the provider and there is an open, competitive market for the	98717
types of goods or services the supplier furnishes.	98718

(c) The types of goods or services are commonly obtained by	98719
other nursing facilities ~~or intermediate care facilities for the~~	98720
~~mentally retarded~~ from outside organizations and are not a basic	98721
element of patient care ordinarily furnished directly to patients	98722
by ~~the~~nursing facilities.	98723

(d) The charge to the provider is in line with the charge for	98724
the goods or services in the open market and no more than the	98725
charge made under comparable circumstances to others by the	98726
supplier.	98727

~~(AA)~~(OO) "Relative of owner" means an individual who is	98728
related to an owner of a nursing facility ~~or intermediate care~~	98729
~~facility for the mentally retarded~~ by one of the following	98730
relationships:	98731

(1) Spouse;

98732

(2) Natural parent, child, or sibling;

98733

(3) Adopted parent, child, or sibling;

98734

(4) Stepparent, stepchild, stepbrother, or stepsister;

98735

(5) Father-in-law, mother-in-law, son-in-law,	98736
daughter-in-law, brother-in-law, or sister-in-law;	98737

(6) Grandparent or grandchild;

98738

(7) Foster caregiver, foster child, foster brother, or foster	98739
sister.	98740

~~(BB) "Renovation" and "extensive renovation" mean:~~

98741

~~(1) Any betterment, improvement, or restoration of an~~	98742
~~intermediate care facility for the mentally retarded started~~	98743
~~before July 1, 1993, that meets the definition of a renovation or~~	98744
~~extensive renovation established in rules adopted by the director~~	98745
~~of job and family services in effect on December 22, 1992.~~	98746

~~(2) In the case of betterments, improvements, and~~	98747
~~restorations of intermediate care facilities for the mentally~~	98748
~~retarded started on or after July 1, 1993:~~	98749

~~(a) "Renovation" means the betterment, improvement, or~~	98750
~~restoration of an intermediate care facility for the mentally~~	98751
~~retarded beyond its current functional capacity through a~~	98752
~~structural change that costs at least five hundred dollars per~~	98753
~~bed. A renovation may include betterment, improvement,~~	98754
~~restoration, or replacement of assets that are affixed to the~~	98755
~~building and have a useful life of at least five years. A~~	98756
~~renovation may include costs that otherwise would be considered~~	98757
~~maintenance and repair expenses if they are an integral part of~~	98758
~~the structural change that makes up the renovation project.~~	98759
~~"Renovation" does not mean construction of additional space for~~	98760
~~beds that will be added to a facility's licensed or certified~~	98761
~~capacity.~~	98762

~~(b) "Extensive renovation" means a renovation that costs more~~	98763
~~than sixty-five per cent and no more than eighty-five per cent of~~	98764
~~the cost of constructing a new bed and that extends the useful~~	98765
~~life of the assets for at least ten years.~~	98766

~~For the purposes of division (BB)(2) of this section, the~~	98767
~~cost of constructing a new bed shall be considered to be forty~~	98768
~~thousand dollars, adjusted for the estimated rate of inflation~~	98769
~~from January 1, 1993, to the end of the calendar year during which~~	98770
~~the renovation is completed, using the consumer price index for~~	98771
~~shelter costs for all urban consumers for the north central~~	98772
~~region, as published by the United States bureau of labor~~	98773
~~statistics.~~	98774

~~The department of job and family services may treat a~~	98775
~~renovation that costs more than eighty-five per cent of the cost~~	98776
~~of constructing new beds as an extensive renovation if the~~	98777
~~department determines that the renovation is more prudent than~~	98778
~~construction of new beds.~~	98779

~~(CC)~~(PP) "Residents' rights advocate" has the same meaning as	98780
in section 3721.10 of the Revised Code.	98781

(QQ) "Skilled nursing facility" has the same meaning as in	98782
the "Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	98783

(RR) "Sponsor" has the same meaning as in section 3721.10 of	98784
the Revised Code.	98785

(SS) "Tax costs" means the costs of taxes imposed under	98786
Chapter 5751. of the Revised Code, real estate taxes, personal	98787
property taxes, and corporate franchise taxes.	98788

~~(DD)~~(TT) "Title XIX" means Title XIX of the "Social Security	98789
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	98790

~~(EE)~~(UU) "Title XVIII" means Title XVIII of the "Social	98791
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	98792
seq.	98793

(VV) "Voluntary withdrawal of participation" means an	98794
operator's voluntary election to terminate the participation of a	98795
nursing facility in the medicaid program but to continue to	98796
provide service of the type provided by a nursing facility.	98797

~~Sec. 5111.201.~~ Sec. 5165.011. ~~Whenever~~(A) Except as provided in	98798
division (B) of this section, whenever "skilled nursing facility,"	98799
"intermediate care facility," or "dual skilled nursing and	98800
intermediate care facility" is referred to or designated in any	98801
statute, rule, contract, provider agreement, or other document	98802
pertaining to the ~~medical assistance~~medicaid program, the	98803
reference or designation is deemed to refer to a nursing facility,	98804
~~except that a~~.	98805

(B) A reference to or designation of an "intermediate care	98806
facility for the mentally retarded" or "ICF/MR" is not deemed to	98807
refer to a nursing facility.	98808

Sec. 5165.02. The medicaid director shall adopt rules as	98809
necessary to implement this chapter. The rules shall be adopted in	98810
accordance with Chapter 119. of the Revised Code.	98811

~~Sec. 5111.202.~~ Sec. 5165.03. (A) As used in this section:

98812

(1) "Dementia" includes Alzheimer's disease or a related	98813
disorder.	98814

(2) "Serious mental illness" means "serious mental illness,"	98815
as defined by the United States department of health and human	98816
services in regulations adopted under ~~section 1919(e)(7)(G)(i) of~~	98817
the "Social Security Act," ~~49 Stat. 620 (1935)~~section	98818
1919(e)(7)(G)(i), 42 U.S.C.~~A. 301, as amended~~1396r(e)(7)(G)(i).	98819

(3) "Mentally ill individual" means an individual who has a	98820
serious mental illness other than either of the following:	98821

(a) A primary diagnosis of dementia;

98822

(b) A primary diagnosis that is not a primary diagnosis of	98823
dementia and a primary diagnosis of something other than a serious	98824
mental illness.	98825

(4) "Mentally retarded individual" means an individual who is	98826
mentally retarded or has a related condition, as described in	98827
~~section 1905(d) of~~ the "Social Security Act.," section 1905(d), 42	98828
U.S.C. 1396d(d).	98829

(5) "Specialized services" means the services specified by	98830
the United States department of health and human services in	98831
regulations adopted under ~~section 1919(e)(7)(G)(iii) of~~ the	98832
"Social Security Act.," section 1919(e)(7)(G)(iii), 42 U.S.C.	98833
1396r(e)(7)(G)(iii).	98834

(B)(1) Except as provided in division (D) of this section, no	98835
nursing facility shall admit as a resident any mentally ill	98836
individual unless the facility has received evidence that the	98837
department of ~~mental health~~mental health and addiction services	98838
has determined both of the following under section ~~5119.061~~	98839
5119.40 of the Revised Code:	98840

(a) That the individual requires the level of services	98841
provided by a nursing facility because of the individual's	98842
physical and mental condition;	98843

(b) Whether the individual requires specialized services for	98844
mental illness.	98845

(2) Except as provided in division (D) of this section, no	98846
nursing facility shall admit as a resident any mentally retarded	98847
individual unless the facility has received evidence that the	98848
department of developmental disabilities has determined both of	98849
the following under section 5123.021 of the Revised Code:	98850

(a) That the individual requires the level of services	98851
provided by a nursing facility because of the individual's	98852
physical and mental condition;	98853

(b) Whether the individual requires specialized services for	98854
mental retardation.	98855

(C) The department of ~~job and family services~~medicaid shall	98856
not make medicaid payments ~~under the medical assistance program~~ to	98857
a nursing facility on behalf of any individual who is admitted to	98858
the facility in violation of division (B) of this section for the	98859
period beginning on the date of admission and ending on the date	98860
the requirements of division (B) of this section are met.	98861

(D) A determination under division (B) of this section is not	98862
required for any individual who is exempted from the requirement	98863
that a determination be made by division (B)(2) of section	98864
~~5119.061~~5119.40 of the Revised Code or rules adopted by the	98865
department of ~~mental health~~mental health and addiction services	98866
under division (E)(3) of that section, or by division (B)(2) of	98867
section 5123.021 of the Revised Code or rules adopted by the	98868
department of developmental disabilities under division (E)(3) of	98869
that section.	98870

~~Sec. 5111.203.~~ Sec. 5165.031. ~~Regardless of whether or not an~~	98871
~~applicant~~An individual who applies for admission to ~~a nursing~~	98872
~~facility~~ or ~~resident of~~resides in a nursing facility ~~is an~~	98873
~~applicant for or recipient of medical assistance, the department~~	98874
of ~~job and family services~~ shall provide notice and an opportunity	98875
for a hearing to any applicant for admission to a nursing facility	98876
or resident of a nursing facility who ismay appeal if adversely	98877
affected by a determination made by the department of ~~mental~~	98878
~~health~~mental health and addiction services under section	98879
~~5119.061~~5119.40 of the Revised Code or by the department of	98880
developmental disabilities under section 5123.021 of the Revised	98881
Code. ~~The hearing shall be conducted in the same manner as~~	98882
~~hearings conducted under~~If the individual is an applicant for or	98883
recipient of medicaid, the individual may appeal pursuant to	98884
section 5160.31 of the Revised Code. If the individual is not an	98885
applicant for or recipient of medicaid, the individual may appeal	98886
pursuant to a process the department of medicaid shall establish,	98887
which shall be similar to the appeals process established by	98888
section 5101.35 of the Revised Code. The department of medicaid	98889
shall provide notice of the right to appeal to individuals	98890
adversely affected by determinations made under sections 5119.40	98891
and 5123.021 of the Revised Code. Any decision made ~~by the~~	98892
~~department of job and family services~~ on the basis of ~~the hearing~~	98893
such an appeal is binding on the department of ~~mental health~~	98894
mental health and addiction services and the department of	98895
developmental disabilities.	98896

~~Sec. 5111.204.~~ Sec. 5165.04. (A) As used in this section,	98897
"representative" means a person acting on behalf of an applicant	98898
for or recipient of medicaid. A representative may be a family	98899
member, attorney, hospital social worker, or any other person	98900
chosen to act on behalf of an applicant or recipient.	98901

(B) The department of ~~job and family services~~medicaid may	98902
require each applicant for or recipient of medicaid who applies or	98903
intends to apply for admission to a nursing facility or resides in	98904
a nursing facility to undergo an assessment to determine whether	98905
the applicant or recipient needs the level of care provided by a	98906
nursing facility. The assessment may be performed concurrently	98907
with a long-term care consultation provided under section 173.42	98908
of the Revised Code.	98909

To the maximum extent possible, the assessment shall be based	98910
on information from the resident assessment instrument specified	98911
in rules ~~adopted~~authorized by ~~the director of job and family~~	98912
~~services under division (E) of~~ section ~~5111.232~~5165.191 of the	98913
Revised Code. The assessment shall also be based on criteria and	98914
procedures established in rules ~~adopted under~~authorized by	98915
division (F) of this section and information provided by the	98916
person being assessed or the person's representative.	98917

The department of ~~job and family services~~medicaid, or if the	98918
assessment is performed by an agency under contract with the	98919
department pursuant to division (G) of this section, the agency,	98920
shall, not later than the time the level of care determination	98921
based on the assessment is required to be provided under division	98922
(C) of this section, give written notice of its conclusions and	98923
the basis for them to the person assessed and, if the department	98924
~~of job and family services~~ or agency under contract with the	98925
department has been informed that the person has a representative,	98926
to the representative.	98927

(C) The department ~~of job and family services~~ or agency under	98928
contract with the department, whichever performs the assessment,	98929
shall provide a level of care determination based on the	98930
assessment as follows:	98931

(1) In the case of a person applying or intending to apply	98932
for admission to a nursing facility while hospitalized, not later	98933
than one of the following:	98934

(a) One working day after the person or the person's	98935
representative submits the application or notifies the department	98936
of the person's intention to apply and submits all information	98937
required for providing the level of care determination, as	98938
specified in rules ~~adopted under~~authorized by division (F)(2) of	98939
this section;	98940

(b) A later date requested by the person or the person's	98941
representative.	98942

(2) In the case of a person applying or intending to apply	98943
for admission to a nursing facility who is not hospitalized, not	98944
later than one of the following:	98945

(a) Five calendar days after the person or the person's	98946
representative submits the application or notifies the department	98947
of the person's intention to apply and submits all information	98948
required for providing the level of care determination, as	98949
specified in rules ~~adopted under~~authorized by division (F)(2) of	98950
this section;	98951

(b) A later date requested by the person or the person's	98952
representative.	98953

(3) In the case of a person who resides in a nursing	98954
facility, not later than one of the following:	98955

(a) Five calendar days after the person or the person's	98956
representative submits an application for ~~medical assistance~~	98957
medicaid and submits all information required for providing the	98958
level of care determination, as specified in rules ~~adopted under~~	98959
authorized by division (F)(2) of this section;	98960

(b) A later date requested by the person or the person's	98961
representative.	98962

(4) In the case of an emergency, as specified in rules	98963
~~adopted under~~authorized by division (F)(4) of this section,	98964
within the number of days specified in the rules.	98965

(D) A person assessed under this section or the person's	98966
representative may ~~request a state hearing to dispute~~appeal the	98967
conclusions reached by the department ~~of job and family services~~	98968
or agency under contract with the department on the basis of the	98969
assessment. The ~~request for a state hearing~~appeal shall be made	98970
~~in accordance with~~pursuant to section ~~5101.35~~5160.31 of the	98971
Revised Code. The department ~~of job and family services~~ or agency	98972
under contract with the department shall provide to the person or	98973
the person's representative and the nursing facility written	98974
notice of the person's right to request a state hearing. The	98975
notice shall include an explanation of the procedure for	98976
requesting a state hearing. If a state hearing is requested, the	98977
state shall be represented in the hearing by the department ~~of job~~	98978
~~and family services~~ or the agency under contract with the	98979
department, whichever performed the assessment.	98980

(E) A nursing facility that admits or retains a person	98981
determined pursuant to an assessment required under this section	98982
not to need the level of care provided by the nursing facility	98983
shall not be ~~reimbursed~~paid under the medicaid program for the	98984
person's care.	98985

(F) The medicaid director ~~of job and family services~~ shall	98986
adopt rules ~~in accordance with Chapter 119.~~under section 5165.02	98987
of the Revised Code to implement and administer this section. The	98988
rules shall include all of the following:	98989

(1) Criteria and procedures to be used in determining whether	98990
admission to a nursing facility or continued stay in a nursing	98991
facility is appropriate for the person being assessed;	98992

(2) Information the person being assessed or the person's	98993
representative must provide to the department or agency under	98994
contract with the department for purposes of the assessment and	98995
providing a level of care determination based on the assessment;	98996

(3) Circumstances under which a person is not required to be	98997
assessed;	98998

(4) Circumstances that constitute an emergency for purposes	98999
of division (C)(4) of this section and the number of days within	99000
which a level of care determination must be provided in the case	99001
of an emergency.	99002

(G) Pursuant to section ~~5111.91~~5162.35 of the Revised Code,	99003
the department of ~~job and family services~~medicaid may enter into	99004
contracts in the form of interagency agreements with one or more	99005
other state agencies to perform the assessments required under	99006
this section. The interagency agreements shall specify the	99007
responsibilities of each agency in the performance of the	99008
assessments.	99009

~~Sec. 5111.21.~~ Sec. 5165.06. ~~(A) In order to be~~Subject to section	99010
5165.072 of the Revised Code, an operator is eligible ~~for medicaid~~	99011
~~payments, the operator of~~to enter into a provider agreement for a	99012
nursing facility ~~or intermediate care facility for the mentally~~	99013
~~retarded shall do~~if all of the following apply:	99014

~~(1) Enter into a provider agreement with the department as~~	99015
~~provided in section 5111.22, 5111.671, or 5111.672 of the Revised~~	99016
~~Code~~(A) The nursing facility is certified by the director of	99017
health for participation in medicaid;	99018

~~(2) Apply for and maintain a valid license to operate~~(B) The	99019
nursing facility is licensed by the director of health as a	99020
nursing home if so required by law;	99021

~~(3) Subject to division (B) of this section,~~(C) The operator	99022
and nursing facility comply with all applicable state and federal	99023
laws and rules.	99024

~~(B) A state rule that requires the operator of an~~	99025
~~intermediate care facility for the mentally retarded to have~~	99026
~~received approval of a plan for the proposed facility pursuant to~~	99027
~~section 5123.042 of the Revised Code as a condition of the~~	99028
~~operator being eligible for medicaid payments for the facility~~	99029
~~does not apply if, under former section 5123.193 of the Revised~~	99030
~~Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly~~	99031
~~or section 5123.197 of the Revised Code, a residential facility~~	99032
~~license was obtained or modified for the facility without~~	99033
~~obtaining approval of such a plan.~~	99034

~~(C)(1) Except as provided in division (C)(2) of this section,~~	99035
~~the operator of a nursing facility that elects to obtain and~~	99036
~~maintain eligibility for payments under the medicaid program shall~~	99037
~~qualify all of the facility's medicaid-certified beds in the~~	99038
~~medicare program established by Title XVIII. The director of job~~	99039
~~and family services may adopt rules under section 5111.02 of the~~	99040
~~Revised Code to establish the time frame in which a nursing~~	99041
~~facility must comply with this requirement.~~	99042

~~(2) The department of veterans services is not required to~~	99043
~~qualify all of the medicaid-certified beds in a nursing facility~~	99044
~~the agency maintains and operates under section 5907.01 of the~~	99045
~~Revised Code in the medicare program.~~	99046

~~Sec. 5111.22.~~ Sec. 5165.07. (A) Except as provided in section	99047
5165.072 of the Revised Code, the department of medicaid shall	99048
enter into a provider agreement with a nursing facility operator	99049
who applies, and is eligible, for the provider agreement.	99050

(B) A provider agreement ~~between the department of job and~~	99051
~~family services and the provider of a nursing facility or~~	99052
~~intermediate care facility for the mentally retarded~~ shall ~~contain~~	99053
require the ~~following provisions:~~	99054

~~(A) The~~ department ~~agrees~~ to make medicaid payments to the	99055
provider~~, as provided in sections 5111.20 to 5111.331 of the~~	99056
~~Revised Code,~~in accordance with this chapter for ~~medicaid-covered~~	99057
nursing facility services the nursing facility provides to a	99058
~~resident of the~~its residents who are medicaid recipients eligible	99059
for nursing facility ~~who is a medicaid recipient~~services. No	99060
~~payment shall be made for the day a medicaid recipient is~~	99061
~~discharged from the facility.~~	99062

~~(B) The~~(C) A provider agreement shall require the provider	99063
~~agrees~~ to do all of the following:	99064

(1) Maintain eligibility for the provider agreement as	99065
provided in section ~~5111.21~~5165.06 of the Revised Code;	99066

(2) Keep records relating to a cost reporting period for the	99067
greater of seven years after the cost report is filed or, if the	99068
department issues an audit report in accordance with ~~division (B)~~	99069
of section ~~5111.27~~5165.109 of the Revised Code, six years after	99070
all appeal rights relating to the audit report are exhausted;	99071

(3) File reports as required by the department;

99072

(4) Open all records relating to the costs of ~~its~~the nursing	99073
facility's services for inspection and audit by the department;	99074

(5) Open its premises for inspection by the department, the	99075
department of health, and any other state or local authority	99076
having authority to inspect;	99077

(6) Supply to the department such information as it requires	99078
concerning the nursing facility's services to residents who are,	99079
or are eligible to be, medicaid recipients;	99080

(7) Comply with section ~~5111.31~~5165.08 of the Revised Code.

99081

~~The~~(D) A provider agreement may contain other provisions	99082
that are consistent with law and considered necessary by the	99083
department.	99084

~~A provider agreement shall be effective for no longer than~~	99085
~~twelve months, except that if federal statute or regulations~~	99086
~~authorize a longer term, it may be effective for a longer term so~~	99087
~~authorized. A provider agreement may be renewed only if the~~	99088
~~facility is certified by the department of health for~~	99089
~~participation in the medicaid program.~~	99090

~~The department of job and family services, in accordance with~~	99091
~~rules adopted under section 5111.02 of the Revised Code, may elect~~	99092
~~not to enter into, not to renew, or to terminate a provider~~	99093
~~agreement when the department determines that such an agreement~~	99094
~~would not be in the best interests of medicaid recipients or of~~	99095
~~the state.~~	99096

~~Sec. 5111.223.~~ Sec. 5165.071. ~~The~~A nursing facility operator ~~of a~~	99097
~~nursing facility or intermediate care facility for the mentally~~	99098
~~retarded~~ may enter into provider agreements for more than one	99099
nursing facility ~~or intermediate care facility for the mentally~~	99100
~~retarded~~.	99101

Sec. 5165.072. The department of medicaid, in accordance	99102
with rules adopted under section 5165.02 of the Revised Code, may	99103
elect not to enter into, not to revalidate, or to terminate a	99104
nursing facility provider agreement when the department determines	99105
that such an agreement would not be in the best interests of	99106
medicaid recipients or the state. The department shall not	99107
revalidate a nursing facility provider agreement if the provider	99108
fails to maintain eligibility for the provider agreement as	99109
provided in section 5165.06 of the Revised Code.	99110

~~Sec. 5111.30.~~ Sec. 5165.073. The department of ~~job and family~~	99111
~~services~~medicaid shall terminate the provider agreement with a	99112
nursing facility provider that does not comply with the	99113
requirements of section 3721.071 of the Revised Code for the	99114
installation of fire extinguishing and fire alarm systems.	99115

~~Sec. 5111.31.~~ Sec. 5165.08. (A) Every provider agreement with ~~the~~	99116
a nursing facility provider ~~of a nursing facility or intermediate~~	99117
~~care facility for the mentally retarded~~ shall do both of the	99118
following:	99119

(1) Except as provided by division (B)(1) of this section,	99120
include any part of the nursing facility that meets federal and	99121
state standards for medicaid certification;	99122

(2) Prohibit the provider from doing either of the following:

99123

(a) Discriminating against a resident on the basis of race,	99124
color, sex, creed, or national origin;	99125

(b) Subject to division (D) of this section, failing or	99126
refusing to ~~retain~~do either of the following:	99127

(i) Except as otherwise prohibited under section 5165.82 of	99128
the Revised Code, admit as a resident of the nursing facility an	99129
individual because the individual is, or may (as a resident of the	99130
nursing facility) become, a medicaid recipient if less than eighty	99131
per cent of the nursing facility's residents are medicaid	99132
recipients;	99133

(ii) Retain as a ~~patient any person~~resident of the nursing	99134
facility an individual because the ~~person~~individual is, ~~becomes,~~	99135
or may (as a resident of the nursing facility) become, ~~as a~~	99136
~~patient in the facility, become~~ a medicaid recipient. ~~For the~~	99137
~~purposes of this division, a medicaid recipient who is a patient~~	99138
~~in a facility shall be considered a patient in the facility during~~	99139
~~any hospital stays totaling less than twenty-five days during any~~	99140
~~twelve-month period. Recipients who have been identified by the~~	99141
~~department of job and family services or its designee as requiring~~	99142
~~the level of care of an intermediate care facility for the~~	99143
~~mentally retarded shall not be subject to a maximum period of~~	99144
~~absences during which they are considered patients if prior~~	99145
~~authorization of the department for visits with relatives and~~	99146
~~friends and participation in therapeutic programs is obtained~~	99147
~~under rules adopted under section 5111.02 of the Revised Code.~~	99148

~~(2) Except as provided by division (B)(1) of this section,~~	99149
~~include any part of the facility that meets standards for~~	99150
~~certification of compliance with federal and state laws and rules~~	99151
~~for participation in the medicaid program.~~	99152

~~(3) Prohibit the provider from discriminating against any~~	99153
~~patient on the basis of race, color, sex, creed, or national~~	99154
~~origin.~~	99155

~~(4) Except as otherwise prohibited under section 5111.55 of~~	99156
~~the Revised Code, prohibit the provider from failing or refusing~~	99157
~~to accept a patient because the patient is, becomes, or may, as a~~	99158
~~patient in the facility, become a medicaid recipient if less than~~	99159
~~eighty per cent of the patients in the facility are medicaid~~	99160
~~recipients.~~	99161

(B)(1) Except as provided by division (B)(2) of this section,	99162
~~the following~~beds added during the period beginning July 1, 1987,	99163
and ending July 1, 1993, to a nursing home licensed under Chapter	99164
3721. of the Revised Code are not required to be included in a	99165
provider agreement unless otherwise required by federal law:	99166

~~(a) Beds added during the period beginning July 1, 1987, and~~	99167
~~ending July 1, 1993, to a nursing home licensed under Chapter~~	99168
~~3721. of the Revised Code;~~	99169

~~(b) Beds in an intermediate care facility for the mentally~~	99170
~~retarded that are designated for respite care under a medicaid~~	99171
~~waiver component operated pursuant to a waiver sought under~~	99172
~~section 5111.87 of the Revised Code~~.	99173

(2) If a provider chooses to include a bed specified in	99174
division (B)(1)(a) of this section in a provider agreement, the	99175
bed may not be removed from the provider agreement unless the	99176
provider withdraws the nursing facility in which the bed is	99177
located from the medicaid program.	99178

(C) For the purpose of division (A)(2)(b)(ii) of this	99179
section, a medicaid recipient who is a resident of a nursing	99180
facility shall be considered a resident of the nursing facility	99181
during any hospital stays totaling less than twenty-five days	99182
during any twelve-month period.	99183

(D) Nothing in this section shall bar a provider ~~that~~from	99184
doing any of the following:	99185

(1) If the provider is a religious organization operating a	99186
religious or denominational nursing facility ~~or intermediate care~~	99187
~~facility for the mentally retarded~~ from giving preference to	99188
persons of the same religion or denomination~~. Nothing in this~~	99189
~~section shall bar any provider from giving~~;	99190

(2) Giving preference to persons with whom the provider has	99191
contracted to provide continuing care.	99192

~~(D) Nothing in this section shall bar the provider of~~;

99193

(3) If the nursing facility is a county home organized under	99194
Chapter 5155. of the Revised Code ~~from~~, admitting residents	99195
exclusively from the county in which the county home is located.	99196

~~(E) No provider of a nursing facility or intermediate care~~	99197
~~facility for the mentally retarded for which a provider agreement~~	99198
~~is in effect shall violate the provider contract obligations~~	99199
~~imposed under this section.~~	99200

~~(F) Nothing in divisions (A) and (C) of this section shall~~	99201
~~bar a provider from retaining patients~~;	99202

(4) Retaining residents who have resided in the provider's	99203
nursing facility for not less than one year as private pay	99204
patients and who subsequently become medicaid recipients, but	99205
refusing to accept as a ~~patient~~resident any person who is, or	99206
may,(as a ~~patient in~~resident of the nursing facility,) become a	99207
medicaid recipient, if all of the following apply:	99208

~~(1)~~(a) The provider does not refuse to retain any ~~patient~~	99209
resident who has resided in the provider's nursing facility for	99210
not less than one year as a private pay ~~patient~~resident because	99211
the ~~patient~~resident becomes a medicaid recipient, except as	99212
necessary to comply with division ~~(F)(2)~~(D)(4)(b) of this section;	99213

~~(2)~~(b) The number of medicaid recipients retained under ~~this~~	99214
division (D)(4) of this section does not at any time exceed ten	99215
per cent of all the ~~patients~~residents in the nursing facility;	99216

~~(3)~~(c) On July 1, 1980, all the ~~patients~~residents in the	99217
nursing facility were private pay ~~patients~~residents.	99218

(E) No provider shall violate the provider agreement	99219
obligations imposed by this section.	99220

~~Sec. 5111.32.~~ Sec. 5165.081. ~~Any patient~~A nursing facility	99221
resident has a cause of action against ~~the~~a nursing facility	99222
provider ~~of a nursing facility or intermediate care facility for~~	99223
~~the mentally retarded~~ for breach of the provider agreement	99224
obligations or other duties imposed by section ~~5111.31~~5165.08 of	99225
the Revised Code. The action may be commenced by the ~~patient~~	99226
resident, or on the ~~patient's~~resident's behalf by the ~~patient's~~	99227
resident's sponsor or a residents' rights advocate, ~~as either is~~	99228
~~defined under section 3721.10 of the Revised Code,~~ by the filing	99229
of a civil action in the court of common pleas of the county in	99230
which the nursing facility is located, or in the court of common	99231
pleas of Franklin county.	99232

If ~~the~~a court of common pleas finds that a ~~breach of the~~	99233
provider has breached a provider agreement ~~obligations~~obligation	99234
or other duty imposed by section ~~5111.31~~5165.08 of the Revised	99235
Code ~~has occurred~~, the court may ~~enjoin~~do one or more of the	99236
following:	99237

(A) Enjoin the provider from engaging in the practice~~, order~~;

99238

(B) Order such affirmative relief as may be necessary~~, and~~	99239
~~award~~;	99240

(C) Award to ~~the patient~~a resident and a ~~person~~sponsor or	99241
~~public agency~~government entity that brings anthe action on	99242
behalf of a ~~patient~~resident actual damages, costs, and reasonable	99243
attorney's fees.	99244

Sec. 5165.082. (A) Except as provided in division (B) of	99245
this section, the operator of a nursing facility that elects to	99246
have the nursing facility participate in the medicaid program	99247
shall qualify all of the nursing facility's medicaid-certified	99248
beds in the medicare program. The medicaid director may adopt	99249
rules under section 5165.02 of the Revised Code to establish the	99250
time frame in which a nursing facility must comply with this	99251
requirement.	99252

(B) The department of veterans services is not required to	99253
qualify all of the medicaid-certified beds in a nursing facility	99254
the department maintains and operates under section 5907.01 of the	99255
Revised Code in the medicare program.	99256

~~Sec. 5111.26.~~ Sec. 5165.10. (A)~~(1)(a)~~ Except as provided in	99257
division ~~(A)(1)(b)~~(D) of this section, each nursing facility	99258
provider shall file with the department of ~~job and family services~~	99259
medicaid an annual cost report for each of the provider's nursing	99260
facilities ~~and intermediate care facilities for the mentally~~	99261
~~retarded~~ that participate in the medicaid program. ~~A provider~~	99262
~~shall prepare the reports in accordance with guidelines~~	99263
~~established by the department. A~~The cost report for a year shall	99264
cover athe calendar year or the portion of athe calendar year	99265
during which the nursing facility participated in the medicaid	99266
program. ~~A provider shall file the reports within~~Except as	99267
provided in division (E) of this section, the cost report is due	99268
not later than ninety days after the end of the calendar year, or	99269
portion of the calendar year, that the cost report covers. ~~The~~	99270
~~department, for good cause, may grant a fourteen-day extension of~~	99271
~~the time for filing cost reports upon written request from a~~	99272
~~provider. The director of job and family services shall prescribe,~~	99273
~~in rules adopted under section 5111.02 of the Revised Code, the~~	99274
~~cost reporting form and a uniform chart of accounts for the~~	99275
~~purpose of cost reporting, and shall distribute cost reporting~~	99276
~~forms or computer software for electronic submission of the cost~~	99277
~~report to each provider at least sixty days before the reporting~~	99278
~~date.~~	99279

~~(b) If rates for a provider's nursing facility or~~	99280
~~intermediate care facility for the mentally retarded were most~~	99281
~~recently established under section 5111.254 or 5111.255 of the~~	99282
~~Revised Code, the provider shall submit a cost report for that~~	99283
~~facility no later than ninety days after the end of the facility's~~	99284
~~first three full calendar months of operation. If a nursing~~	99285
~~facility or intermediate care facility for the mentally retarded~~	99286
~~undergoes a change of provider that the department determines, in~~	99287
~~accordance with rules adopted under section 5111.02 of the Revised~~	99288
~~Code, is an arm's length transaction, the new provider shall~~	99289
~~submit a cost report for that facility not later than ninety days~~	99290
~~after the end of the facility's first three full calendar months~~	99291
~~of operation under the new provider. The provider of a facility~~	99292
~~that opens or undergoes a change of provider that is an arm's~~	99293
~~length transaction after the first day of October in any calendar~~	99294
~~year is not required to file a cost report for that calendar year.~~	99295

~~(c)~~(B) If a nursing facility undergoes a change of provider	99296
that the department determines, in accordance with rules adopted	99297
under section ~~5111.02~~5165.02 of the Revised Code, is not an ~~arms~~	99298
arm's length transaction, the new provider shall file athe	99299
nursing facility's cost report ~~under~~in accordance with division	99300
(A)~~(1)(a)~~ of this section ~~for the facility. The~~and the cost	99301
report shall cover the portion of the calendar year during which	99302
the new provider operated the nursing facility and the portion of	99303
the calendar year during which the previous provider operated the	99304
nursing facility.	99305

~~(2) If a provider required to submit a cost report for a~~	99306
~~nursing facility or intermediate care facility for the mentally~~	99307
~~retarded does not file the report within the required time period~~	99308
~~or within fourteen days thereafter if an extension is granted~~	99309
~~under division (A)(1)(a) of this section, or files an incomplete~~	99310
~~or inadequate report for the facility, the department shall~~	99311
~~provide immediate written notice to the provider that the provider~~	99312
~~agreement for the facility will be terminated in thirty days~~	99313
~~unless the provider submits a complete and adequate cost report~~	99314
~~for the facility within thirty days. During the thirty-day~~	99315
~~termination period or any additional time allowed for an appeal of~~	99316
~~the proposed termination of a provider agreement, the provider~~	99317
~~shall be paid the facility's then current per resident per day~~	99318
~~rate, minus two dollars. On July 1, 1994, the department shall~~	99319
~~adjust the two-dollar reduction to reflect the rate of inflation~~	99320
~~during the preceding twelve months, as shown in the consumer price~~	99321
~~index for all items for all urban consumers for the north central~~	99322
~~region, published by the United States bureau of labor statistics.~~	99323
~~On July 1, 1995, and the first day of July of each year~~	99324
~~thereafter, the department shall adjust the amount of the~~	99325
~~reduction in effect during the previous twelve months to reflect~~	99326
~~the rate of inflation during the preceding twelve months, as shown~~	99327
~~in the same index.~~	99328

~~(B) No provider shall report fines paid under sections~~	99329
~~5111.35 to 5111.62 or section 5111.99 of the Revised Code in any~~	99330
~~cost report filed under this section.~~	99331

(C) ~~The department shall develop an addendum to the cost~~	99332
~~report form that a provider may use to set forth costs that the~~	99333
~~provider believes may be disputed by the department. Any costs~~	99334
~~reported by the provider on the addendum may be considered by the~~	99335
~~department in setting the facility's rate. If the department does~~	99336
~~not consider the costs listed on the addendum in setting the~~	99337
~~facility's rate, the provider may seek reconsideration of that~~	99338
~~determination under section 5111.29 of the Revised Code. If the~~	99339
~~department subsequently includes the costs listed in the addendum~~	99340
~~in the facility's rate, the department shall pay the provider~~	99341
~~interest at a reasonable rate established in rules adopted under~~	99342
~~section 5111.02 of the Revised Code for the time that the rate~~	99343
~~paid excluded the costs.~~If the medicaid payment rate for a new	99344
nursing facility was most recently determined in accordance with	99345
section 5165.151 of the Revised Code, the provider shall file with	99346
the department a cost report for the new nursing facility not	99347
later than, except as provided in division (E) of this section,	99348
ninety days after the end of the new nursing facility's first	99349
three full calendar months of operation. The cost report shall	99350
cover the period that begins with the nursing facility's first day	99351
of operation and ends on the first day of the month immediately	99352
following the first three full months of operation.	99353

(D) A nursing facility provider is not required to file a	99354
cost report for a nursing facility for a calendar year in	99355
accordance with division (A) of this section if the provider files	99356
a cost report for the nursing facility under division (C) of this	99357
section and that cost report covers a period that begins after the	99358
first day of October of that calendar year. The provider shall	99359
file a cost report for the nursing facility in accordance with	99360
division (A) of this section for the immediately following	99361
calendar year.	99362

(E) The department may grant to a provider a fourteen-day	99363
extension to file a cost report under this section if the provider	99364
provides the department a written request for the extension and	99365
the department determines that there is good cause for the	99366
extension.	99367

~~Sec. 5111.266.~~ Sec. 5165.101. A nursing facility provider ~~of a~~	99368
~~nursing facility~~ filing the nursing facility's cost report with	99369
the department of ~~job and family services~~medicaid under section	99370
~~5111.26~~5165.10 or 5165.522 of the Revised Code shall report as a	99371
nonreimbursable expense the cost of the nursing facility's	99372
franchise permit fee.	99373

Sec. 5165.102. No nursing facility provider shall report	99374
fines paid under sections 5165.60 to 5165.89 or section 5165.99 of	99375
the Revised Code in a cost report filed under section 5165.10 or	99376
5165.522 of the Revised Code.	99377

Sec. 5165.103. Cost reports shall be completed using the	99378
form prescribed under section 5165.104 of the Revised Code and in	99379
accordance with the guidelines established under that section.	99380

Sec. 5165.104. The department of medicaid shall do all of	99381
the following:	99382

(A) Prescribe the form to be used for completing a cost	99383
report and a uniform chart of accounts for the purpose of	99384
reporting costs on the form;	99385

(B) Distribute a paper copy of the form, or computer software	99386
for electronic submission of the form, to each provider at least	99387
sixty days before the date the cost report is due;	99388

99389

Sec. 5165.105. The department of medicaid shall develop an	99390
addendum to the cost report form that a nursing facility provider	99391
may use to set forth costs that the provider believes the	99392
department may dispute. The department may consider such costs in	99393
determining a nursing facility's medicaid payment rate. If the	99394
department does not consider such costs in determining a nursing	99395
facility's medicaid payment rate, the provider may seek	99396
reconsideration of the determination in accordance with section	99397
5165.38 of the Revised Code. If the department subsequently	99398
includes such costs in a nursing facility's medicaid payment rate,	99399
the department shall pay the provider interest at a reasonable	99400
rate established in rules adopted under section 5165.02 of the	99401
Revised Code for the period that the rate excluded the costs.	99402

Sec. 5165.106. If a nursing facility provider required by	99403
section 5165.10 of the Revised Code to file a cost report for the	99404
nursing facility fails to file the cost report by the date it is	99405
due or the date, if any, to which the due date is extended	99406
pursuant to division (E) of that section, or files an incomplete	99407
or inadequate report for the nursing facility under that section,	99408
the department of medicaid shall provide immediate written notice	99409
to the provider that the provider agreement for the nursing	99410
facility will be terminated in thirty days unless the provider	99411
submits a complete and adequate cost report for the nursing	99412
facility within thirty days. During the thirty-day termination	99413
period or any additional time allowed for an appeal of the	99414
proposed termination of a provider agreement, the provider shall	99415
be paid the nursing facility's then current per medicaid day	99416
payment rate, minus the dollar amount by which nursing facility's	99417
per medicaid day payment rates are reduced during fiscal year 2013	99418
in accordance with division (A)(2) of section 5111.26 of the	99419
Revised Code (renumbered as section 5165.10 of the Revised Code by	99420
H.B. 59 of the 130th general assembly) as that section existed on	99421
the day immediately preceding the effective date of this section.	99422
On the first day of each July, the department shall adjust the	99423
amount of the reduction in effect during the previous twelve	99424
months to reflect the rate of inflation during the preceding	99425
twelve months, as shown in the consumer price index for all items	99426
for all urban consumers for the north central region, published by	99427
the United States bureau of labor statistics.	99428

~~Sec. 5111.261.~~ Sec. 5165.107. (A) Except as provided in division	99429
(B) of this section and not later than three years after a nursing	99430
facility provider files a cost report with the department of ~~job~~	99431
~~and family services~~medicaid under section ~~5111.26~~5165.10 of the	99432
Revised Code, the provider may amend the cost report if the	99433
provider discovers a material error in the cost report or	99434
additional information to be included in the cost report. The	99435
department shall review the amended cost report for accuracy and	99436
notify the provider of its determination.	99437

(B) A provider may not amend a cost report if the department	99438
has notified the provider that an audit of the cost report or a	99439
cost report of the provider for a subsequent cost reporting period	99440
is to be conducted under section ~~5111.27~~5165.109 of the Revised	99441
Code. The provider may, however, provide the department	99442
information that affects the costs included in the cost report.	99443
Such information may not be provided after the adjudication of the	99444
final settlement of the cost report.	99445

~~Sec. 5111.27.~~ Sec. 5165.108. (A) The department of ~~job and family~~	99446
~~services~~medicaid shall conduct a desk review of each cost report	99447
it receives under section ~~5111.26~~5165.10 or 5165.522 of the	99448
Revised Code. Based on the desk review, the department shall make	99449
a preliminary determination of whether the reported costs are	99450
allowable costs. The department shall notify each nursing facility	99451
provider of whether any of the reported costs are preliminarily	99452
determined not to be allowable, the medicaid payment rate	99453
~~calculation~~determined under ~~sections 5111.20 to 5111.331 of the~~	99454
~~Revised Code~~this chapter that results from that determination,	99455
and the reasons for the determination and resulting rate. The	99456
department shall allow the provider to verify the calculation and	99457
submit additional information.	99458

~~(B) The department may conduct an audit, as defined by rule~~	99459
~~adopted under section 5111.02 of the Revised Code, of any cost~~	99460
~~report. The decision whether to conduct an audit and the scope of~~	99461
~~the audit, which may be a desk or field audit, may be determined~~	99462
~~based on prior performance of the provider, a risk analysis, or~~	99463
~~other evidence that gives the department reason to believe that~~	99464
~~the provider has reported costs improperly. A desk or field audit~~	99465
~~may be performed annually, but is required whenever a provider~~	99466
~~does not pass the risk analysis tolerance factors. An audit shall~~	99467
~~be conducted by auditors under contract with or employed by the~~	99468
~~department. The department shall notify a provider of the findings~~	99469
~~of an audit by issuing an audit report. An audit report regarding~~	99470
~~a nursing facility shall include notice of any fine imposed under~~	99471
~~section 5111.271 of the Revised Code. The department shall issue~~	99472
~~the audit report no later than three years after the cost report~~	99473
~~is filed, or upon the completion of a desk or field audit on the~~	99474
~~report or a report for a subsequent cost reporting period,~~	99475
~~whichever is earlier.~~	99476

~~The department may establish a contract for the auditing of~~	99477
~~facilities by outside firms. Each contract entered into by bidding~~	99478
~~shall be effective for one to two years. The department shall~~	99479
~~establish an audit manual and program which shall require that all~~	99480
~~field audits, conducted either pursuant to a contract or by~~	99481
~~department employees:~~	99482

~~(1) Comply with the applicable rules prescribed pursuant to~~	99483
~~Titles XVIII and XIX;~~	99484

~~(2) Consider generally accepted auditing standards prescribed~~	99485
~~by the American institute of certified public accountants;~~	99486

~~(3) Include a written summary as to whether the costs~~	99487
~~included in the report examined during the audit are allowable and~~	99488
~~are presented in accordance with state and federal laws and~~	99489
~~regulations, and whether, in all material respects, allowable~~	99490
~~costs are documented, reasonable, and related to patient care;~~	99491

~~(4) Are conducted by accounting firms or auditors who, during~~	99492
~~the period of the auditors' professional engagement or employment~~	99493
~~and during the period covered by the cost reports, do not have nor~~	99494
~~are committed to acquire any direct or indirect financial interest~~	99495
~~in the ownership, financing, or operation of a nursing facility or~~	99496
~~intermediate care facility for the mentally retarded in this~~	99497
~~state;~~	99498

~~(5) Are conducted by accounting firms or auditors who, as a~~	99499
~~condition of the contract or employment, shall not audit any~~	99500
~~facility that has been a client of the firm or auditor;~~	99501

~~(6) Are conducted by auditors who are otherwise independent~~	99502
~~as determined by the standards of independence included in the~~	99503
~~government auditing standards produced by the United States~~	99504
~~government accountability office;~~	99505

~~(7) Are completed within the time period specified by the~~	99506
~~department;~~	99507

~~(8) Provide to the provider complete written interpretations~~	99508
~~that explain in detail the application of all relevant contract~~	99509
~~provisions, regulations, auditing standards, rate formulae, and~~	99510
~~departmental policies, with explanations and examples, that are~~	99511
~~sufficient to permit the provider to calculate with reasonable~~	99512
~~certainty those costs that are allowable and the rate to which the~~	99513
~~provider's facility is entitled.~~	99514

~~For the purposes of division (B)(4) of this section,~~	99515
~~employment of a member of an auditor's family by a nursing~~	99516
~~facility or intermediate care facility for the mentally retarded~~	99517
~~that the auditor does not review does not constitute a direct or~~	99518
~~indirect financial interest in the ownership, financing, or~~	99519
~~operation of the facility.~~	99520

~~(C) The department, pursuant to rules adopted under section~~	99521
~~5111.02 of the Revised Code, may conduct an exception review of~~	99522
~~assessment data submitted under section 5111.232 of the Revised~~	99523
~~Code. The department may conduct an exception review based on the~~	99524
~~findings of a certification survey conducted by the department of~~	99525
~~health, a risk analysis, or prior performance of the provider.~~	99526

~~Exception reviews shall be conducted at the facility by~~	99527
~~appropriate health professionals under contract with or employed~~	99528
~~by the department of job and family services. The professionals~~	99529
~~may review resident assessment forms and supporting documentation,~~	99530
~~conduct interviews, and observe residents to identify any patterns~~	99531
~~or trends of inaccurate assessments and resulting inaccurate~~	99532
~~case-mix scores.~~	99533

~~The rules shall establish an exception review program that~~	99534
~~requires that exception reviews do all of the following:~~	99535

~~(1) Comply with Titles XVIII and XIX;~~

99536

~~(2) Provide a written summary that states whether the~~	99537
~~resident assessment forms have been completed accurately;~~	99538

~~(3) Are conducted by health professionals who, during the~~	99539
~~period of their professional engagement or employment with the~~	99540
~~department, neither have nor are committed to acquire any direct~~	99541
~~or indirect financial interest in the ownership, financing, or~~	99542
~~operation of a nursing facility or intermediate care facility for~~	99543
~~the mentally retarded in this state;~~	99544

~~(4) Are conducted by health professionals who, as a condition~~	99545
~~of their engagement or employment with the department, shall not~~	99546
~~review any provider that has been a client of the professional.~~	99547

~~For the purposes of division (C)(3) of this section,~~	99548
~~employment of a member of a health professional's family by a~~	99549
~~nursing facility or intermediate care facility for the mentally~~	99550
~~retarded that the professional does not review does not constitute~~	99551
~~a direct or indirect financial interest in the ownership,~~	99552
~~financing, or operation of the facility.~~	99553

~~If an exception review is conducted before the effective date~~	99554
~~of the rate that is based on the case-mix data subject to the~~	99555
~~review and the review results in findings that exceed tolerance~~	99556
~~levels specified in the rules adopted under this division, the~~	99557
~~department, in accordance with those rules, may use the findings~~	99558
~~to recalculate individual resident case-mix scores, quarterly~~	99559
~~average facility case-mix scores, and annual average facility~~	99560
~~case-mix scores. The department may use the recalculated quarterly~~	99561
~~and annual facility average case-mix scores to calculate the~~	99562
~~facility's rate for direct care costs for the appropriate calendar~~	99563
~~quarter or quarters.~~	99564

~~(D) The department shall prepare a written summary of any~~	99565
~~audit disallowance or exception review finding that is made after~~	99566
~~the effective date of the rate that is based on the cost or~~	99567
~~case-mix data. Where the provider is pursuing judicial or~~	99568
~~administrative remedies in good faith regarding the disallowance~~	99569
~~or finding, the department shall not withhold from the provider's~~	99570
~~current payments any amounts the department claims to be due from~~	99571
~~the provider pursuant to section 5111.28 of the Revised Code.~~	99572

~~(E) The department shall not reduce rates calculated under~~	99573
~~sections 5111.20 to 5111.331 of the Revised Code on the basis that~~	99574
~~the provider charges a lower rate to any resident who is not~~	99575
~~eligible for the medicaid program.~~	99576

~~(F) The department shall adjust the rates calculated under~~	99577
~~sections 5111.20 to 5111.331 of the Revised Code to account for~~	99578
~~reasonable additional costs that must be incurred by intermediate~~	99579
~~care facilities for the mentally retarded to comply with~~	99580
~~requirements of federal or state statutes, rules, or policies~~	99581
~~enacted or amended after January 1, 1992, or with orders issued by~~	99582
~~state or local fire authorities.~~	99583

Sec. 5165.109. (A) The department of medicaid may conduct an	99584
audit, as defined in rules adopted under section 5165.02 of the	99585
Revised Code, of any cost report filed under section 5165.10 or	99586
5165.522 of the Revised Code. The decision whether to conduct an	99587
audit and the scope of the audit, which may be a desk or field	99588
audit, may be determined based on prior performance of the	99589
provider, a risk analysis, or other evidence that gives the	99590
department reason to believe that the provider has reported costs	99591
improperly. A desk or field audit may be performed annually, but	99592
is required whenever a provider does not pass the risk analysis	99593
tolerance factors.	99594

(B) Audits shall be conducted by auditors under contract with	99595
the department, auditors working for firms under contract with the	99596
department, or auditors employed by the department.	99597

The department may establish a contract for the auditing of	99598
nursing facilities by outside firms. Each contract entered into by	99599
bidding shall be effective for one to two years.	99600

(C) The department shall notify a provider of the findings of	99601
an audit of a cost report by issuing an audit report. The audit	99602
report shall include notice of any fine imposed under section	99603
5165.1010 of the Revised Code. The department shall issue the	99604
audit report not later than three years after the earlier of the	99605
following:	99606

(1) The date the cost report is filed;

99607

(2) The date a desk or field audit of the cost report or a	99608
cost report for a subsequent cost reporting period is completed.	99609

(D) The department shall prepare a written summary of any	99610
audit disallowance that is made after the effective date of the	99611
rate that is based on the cost. Where the provider is pursuing	99612
judicial or administrative remedies in good faith regarding the	99613
disallowance, the department shall not withhold from the	99614
provider's current payments any amounts the department claims to	99615
be due from the provider pursuant to section 5165.41 of the	99616
Revised Code.	99617

(E)(1) The department shall establish an audit manual and	99618
program for field audits conducted under this section. Each	99619
auditor conducting a field audit under this section shall follow	99620
the audit manual and program, regardless of whether the auditor is	99621
under contract with the department, works for a firm under	99622
contract with the department, or is employed by the department.	99623
The manual and program shall do both of the following:	99624

(a) Require each field audit to be conducted by an auditor to	99625
whom all of the following apply:	99626

(i) During the period of the auditor's contract, firm's	99627
contract, or auditor's employment with the department, the auditor	99628
or firm does not have and is not committed to acquire any direct	99629
or indirect financial interest in the ownership, financing, or	99630
operation of nursing facilities in this state.	99631

(ii) The auditor does not audit any provider that has been a	99632
client of the auditor or the auditor's firm.	99633

(iii) The auditor is otherwise independent as determined by	99634
the standards of independence included in the government auditing	99635
standards produced by the United States government accountability	99636
office.	99637

(b) Require each auditor conducting a field audit to do all	99638
of the following:	99639

(i) Comply with applicable rules prescribed pursuant to Title	99640
XVIII and Title XIX;	99641

(ii) Consider generally accepted auditing standards	99642
prescribed by the American institute of certified public	99643
accountants;	99644

(iii) Include a written summary as to whether the costs	99645
included in the cost report examined during the audit are	99646
allowable and are presented in accordance with state and federal	99647
laws and regulations, and whether, in all material respects,	99648
allowable costs are documented, reasonable, and related to patient	99649
care;	99650

(iv) Complete the audit within the time period specified by	99651
the department;	99652

(v) Provide to the provider complete written interpretations	99653
that explain in detail the application of all relevant contract	99654
provisions, regulations, auditing standards, rate formulae, and	99655
departmental policies, with explanations and examples, that are	99656
sufficient to permit the provider to calculate with reasonable	99657
certainty those costs that are allowable and the rate to which the	99658
provider's nursing facility is entitled.	99659

(2) For the purpose of division (E)(1)(a)(i) of this section,	99660
employment of a member of an auditor's family by a nursing	99661
facility that the auditor does not audit does not constitute a	99662
direct or indirect financial interest in the ownership, financing,	99663
or operation of the nursing facility.	99664

~~Sec. 5111.271.~~ Sec. 5165.1010. (A) Subject to division (D) of this	99665
section, the department of ~~job and family services~~medicaid shall	99666
fine the provider of a nursing facility if the report of an audit	99667
conducted under ~~division (B) of~~ section ~~5111.27~~5165.109 of the	99668
Revised Code regarding a cost report for the nursing facility	99669
includes either of the following:	99670

(1) Adverse findings that exceed three per cent of the total	99671
amount of ~~medicaid-reimbursable~~medicaid-allowable costs reported	99672
in the cost report;	99673

(2) Adverse findings that exceed twenty per cent of	99674
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	99675
cost center reported in the cost report.	99676

(B) A fine issued under this section shall equal the greatest	99677
of the following:	99678

(1) If the adverse findings exceed three per cent but do not	99679
exceed ten per cent of the total amount of ~~medicaid-reimbursable~~	99680
medicaid-allowable costs reported in the cost report, the greater	99681
of three per cent of those reported costs or ten thousand dollars;	99682

(2) If the adverse findings exceed ten per cent but do not	99683
exceed twenty per cent of the total amount of	99684
~~medicaid-reimbursable~~medicaid-allowable costs reported in the	99685
cost report, the greater of six per cent of those reported costs	99686
or twenty-five thousand dollars;	99687

(3) If the adverse findings exceed twenty per cent of the	99688
total amount of ~~medicaid-reimbursable~~medicaid-allowable costs	99689
reported in the cost report, the greater of ten per cent of those	99690
reported costs or fifty thousand dollars;	99691

(4) If the adverse findings exceed twenty per cent but do not	99692
exceed twenty-five per cent of ~~medicaid-reimbursable~~	99693
medicaid-allowable costs for a particular cost center reported in	99694
the cost report, the greater of three per cent of the total amount	99695
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	99696
cost report or ten thousand dollars;	99697

(5) If the adverse findings exceed twenty-five per cent but	99698
do not exceed thirty per cent of ~~medicaid-reimbursable~~	99699
medicaid-allowable costs for a particular cost center reported in	99700
the cost report, the greater of six per cent of the total amount	99701
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	99702
cost report or twenty-five thousand dollars;	99703

(6) If the adverse findings exceed thirty per cent of	99704
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	99705
cost center reported in the cost report, the greater of ten per	99706
cent of the total amount of ~~medicaid-reimbursable~~	99707
medicaid-allowable costs reported in the cost report or fifty	99708
thousand dollars.	99709

(C) Fines paid under this section shall be deposited into the	99710
health care services administration fund created under section	99711
~~5111.94~~5162.54 of the Revised Code.	99712

(D) The department may not collect a fine under this section	99713
until all appeal rights relating to the audit report that is the	99714
basis for the fine are exhausted.	99715

~~Sec. 5111.222.~~ Sec. 5165.15. (A) ~~As used in this section, "low~~	99716
~~resource utilization resident" means a medicaid recipient residing~~	99717
~~in a nursing facility who, for purposes of calculating the nursing~~	99718
~~facility's medicaid reimbursement rate for direct care costs, is~~	99719
~~placed in either of the two lowest resource utilization groups,~~	99720
~~excluding any resource utilization group that is a default group~~	99721
~~used for residents with incomplete assessment data.~~	99722

~~(B)~~ Except as otherwise provided by sections ~~5111.20~~5165.151	99723
to ~~5111.331~~5165.156 and 5165.34 of the Revised Code ~~and by~~	99724
~~division (C) of this section~~, the total per medicaid day payment	99725
rate that the department of ~~job and family services~~medicaid shall	99726
~~agree to~~ pay ~~for a fiscal year to the provider of~~ a nursing	99727
facility ~~pursuant to a provider agreement~~provider for nursing	99728
facility services the provider's nursing facility provides during	99729
a fiscal year shall equal the sum of all of the following:	99730

(1) ~~The rate for direct care costs determined for the nursing~~	99731
~~facility under section 5111.231 of the Revised Code;~~	99732

~~(2)~~ The per medicaid day payment rate for ancillary and	99733
support costs determined for the nursing ~~facility's ancillary and~~	99734
~~support cost peer group~~facility under section ~~5111.24~~5165.16 of	99735
the Revised Code;	99736

~~(3)~~(2) The per medicaid day payment rate for capital costs	99737
determined for the nursing facility under section 5165.17 of the	99738
Revised Code;	99739

(3) The per medicaid day payment rate for direct care costs	99740
determined for the nursing facility under section 5165.19 of the	99741
Revised Code;	99742

(4) The per medicaid day payment rate for tax costs	99743
determined for the nursing facility under section ~~5111.242~~5165.21	99744
of the Revised Code;	99745

~~(4) The quality incentive payment paid to the nursing~~	99746
~~facility under section 5111.244 of the Revised Code;~~	99747

(5) If the nursing facility qualifies as a critical access	99748
nursing facility, the nursing facility's critical access incentive	99749
payment paid ~~to the nursing facility~~ under section ~~5111.246~~	99750
5165.23 of the Revised Code;	99751

(6) The ~~rate for capital costs determined for the nursing~~	99752
~~facility's capital costs peer group under section 5111.25~~quality	99753
incentive payment paid to the nursing facility under section	99754
5165.25 of the Revised Code.	99755

~~(C) The total rate determined under division (B) of this~~	99756
~~section shall not be paid for nursing facility services provided~~	99757
~~to low resource utilization residents. Instead, the total rate for~~	99758
~~nursing facility services that a nursing facility provides to low~~	99759
~~resource utilization residents shall be one hundred thirty dollars~~	99760
~~per medicaid day.~~	99761

~~(D)~~(B) In addition to paying a nursing facility provider the	99762
nursing facility's total rate determined under division ~~(B) or~~	99763
~~(C)~~(A) of this section for a fiscal year, the department shall pay	99764
the provider a quality bonus under section ~~5111.245~~5165.26 of the	99765
Revised Code for that fiscal year if the provider's nursing	99766
facility is a qualifying nursing facility, as defined in that	99767
section, for that fiscal year. The quality bonus shall not be part	99768
of the total rate.	99769

~~Sec. 5111.254.~~ Sec. 5165.151. (A) The ~~department of job and family~~	99770
~~services shall establish initial rates for a nursing facility with~~	99771
~~a first date of licensure that is on or after July 1, 2006,~~	99772
~~including a facility that replaces one or more existing~~	99773
~~facilities, or for a nursing facility with a first date of~~	99774
~~licensure before that date that was initially certified for the~~	99775
~~medicaid program on or after that date,~~total per medicaid day	99776
payment rate determined under section 5165.15 of the Revised Code	99777
shall not be the initial rate for nursing facility services	99778
provided by a new nursing facility. Instead, the initial total per	99779
medicaid day payment rate for nursing facility services provided	99780
by a new nursing facility shall be determined in the following	99781
manner:	99782

(1) The initial rate for ancillary and support costs shall be	99783
the rate for the new nursing facility's peer group determined	99784
under division (D) of section 5165.16 of the Revised Code.	99785

(2) The initial rate for capital costs shall be the rate for	99786
the new nursing facility's peer group determined under division	99787
(D) of section 5165.17 of the Revised Code;	99788

(3) The initial rate for direct care costs shall be the	99789
product of the cost per case-mix unit determined under division	99790
(D) of section ~~5111.231~~5165.19 of the Revised Code for the new	99791
nursing facility's peer group and the new nursing facility's	99792
case-mix score determined under division (B) of this section. ~~For~~	99793
~~the purpose of division (A)(1) of this section, the nursing~~	99794
~~facility's case-mix score shall be the following:~~	99795

~~(a) Unless the nursing facility replaces an existing nursing~~	99796
~~facility that participated in the medicaid program immediately~~	99797
~~before the replacement nursing facility begins participating in~~	99798
~~the medicaid program, the median annual average case-mix score for~~	99799
~~the nursing facility's peer group;~~	99800

~~(b) If the nursing facility replaces an existing nursing~~	99801
~~facility that participated in the medicaid program immediately~~	99802
~~before the replacement nursing facility begins participating in~~	99803
~~the medicaid program, the semiannual case-mix score most recently~~	99804
~~determined under section 5111.232 of the Revised Code for the~~	99805
~~replaced nursing facility as adjusted, if necessary, to reflect~~	99806
~~any difference in the number of beds in the replaced and~~	99807
~~replacement nursing facilities.~~	99808

~~(2) The rate for ancillary and support costs shall be the~~	99809
~~rate for the facility's peer group determined under division (D)~~	99810
~~of section 5111.24 of the Revised Code.~~	99811

~~(3) The rate for capital costs shall be the rate for the~~	99812
~~facility's peer group determined under division (D) of section~~	99813
~~5111.25 of the Revised Code.~~	99814

(4) The initial rate for tax costs shall be the median rate	99815
for tax costs for the new nursing facility's peer group in which	99816
the nursing facility is placed under division (C) of section	99817
~~5111.24~~5165.16 of the Revised Code.	99818

(5) The quality incentive payment shall be the mean payment	99819
made to nursing facilities under section ~~5111.244~~5165.25 of the	99820
Revised Code.	99821

(B) For the purpose of division (A)(3) of this section, a new	99822
nursing facility's case-mix score shall be the following:	99823

(1) Unless the new nursing facility replaces an existing	99824
nursing facility that participated in the medicaid program	99825
immediately before the new nursing facility begins participating	99826
in the medicaid program, the median annual average case-mix score	99827
for the new nursing facility's peer group;	99828

(2) If the nursing facility replaces an existing nursing	99829
facility that participated in the medicaid program immediately	99830
before the new nursing facility begins participating in the	99831
medicaid program, the semiannual case-mix score most recently	99832
determined under section 5165.192 of the Revised Code for the	99833
replaced nursing facility as adjusted, if necessary, to reflect	99834
any difference in the number of beds in the replaced and new	99835
nursing facilities.	99836

(C) Subject to division ~~(C)~~(D) of this section, the	99837
department shall adjust the rates established under division (A)	99838
of this section effective the first day of July, to reflect new	99839
rate calculations for all nursing facilities under ~~sections~~	99840
~~5111.20 to 5111.331 of the Revised Code~~this chapter.	99841

~~(C)~~(D) If a rate for direct care costs is determined under	99842
this section for a new nursing facility using the median annual	99843
average case-mix score for the new nursing facility's peer group,	99844
the rate shall be redetermined to reflect the ~~replacement~~new	99845
nursing facility's actual semiannual average case-mix score	99846
determined under section ~~5111.232~~5165.192 of the Revised Code	99847
after the new nursing facility submits its first two quarterly	99848
assessment data that qualify for use in calculating a case-mix	99849
score in accordance with rules authorized by ~~division (E) of~~	99850
section ~~5111.232~~5165.192 of the Revised Code. If the new nursing	99851
facility's quarterly submissions do not qualify for use in	99852
calculating a case-mix score, the department shall continue to use	99853
the median annual average case-mix score for the new nursing	99854
facility's peer group in lieu of the new nursing facility's	99855
semiannual case-mix score until the new nursing facility submits	99856
two consecutive quarterly assessment data that qualify for use in	99857
calculating a case-mix score.	99858

Sec. 5165.152. The total per medicaid day payment rate	99859
determined under section 5165.15 of the Revised Code shall not be	99860
paid for nursing facility services provided to low resource	99861
utilization residents. Instead, the total rate for such nursing	99862
facility services shall be one hundred thirty dollars per medicaid	99863
day.	99864

~~Sec. 5111.258.~~ Sec. 5165.153. (A) ~~Notwithstanding sections 5111.20~~	99865
~~to 5111.331 of the Revised Code (except section 5111.259 of the~~	99866
~~Revised Code), the director of job and family services shall adopt~~	99867
~~rules under section 5111.02 of the Revised Code that establish a~~	99868
~~methodology for calculating the prospective rates that will be~~	99869
~~paid each fiscal year to a provider for each of the provider's~~	99870
~~eligible nursing facilities and intermediate care facilities for~~	99871
~~the mentally retarded, and discrete units of the provider's~~	99872
~~nursing facilities or intermediate care facilities for the~~	99873
~~mentally retarded, that serve residents who have diagnoses~~The	99874
total per medicaid day payment rate determined under section	99875
5165.15 of the Revised Code shall not be paid for nursing facility	99876
services provided by a nursing facility, or discrete unit of a	99877
nursing facility, designated by the department of medicaid as an	99878
outlier nursing facility or unit. Instead, the provider of a	99879
designated outlier nursing facility or unit shall be paid each	99880
fiscal year a total per medicaid day payment rate that the	99881
department shall prospectively determine in accordance with a	99882
methodology established in rules authorized by this section.	99883

(B) The department may designate a nursing facility, or	99884
discrete unit of a nursing facility, as an outlier nursing	99885
facility or unit if the nursing facility or unit serves residents	99886
who have either of the following:	99887

(1) Diagnoses or special care needs that require direct care	99888
resources that are not measured adequately by the ~~applicable~~	99889
resident assessment instrument specified in rules authorized by	99890
section ~~5111.232~~5165.191 of the Revised Code~~, or who have~~	99891
~~diagnoses~~;	99892

(2) Diagnoses or special care needs specified in ~~the~~ rules	99893
authorized by this section as otherwise qualifying for	99894
consideration under this section. ~~The facilities and units of~~	99895
~~facilities whose rates are established under this division may~~	99896
~~include, but shall not be limited to, any of the following:~~	99897

~~(1) In the case of nursing facilities, facilities and units~~	99898
~~of facilities that serve medically fragile pediatric residents,~~	99899
~~residents who are dependent on ventilators, or residents who have~~	99900
~~severe traumatic brain injury, end-stage Alzheimer's disease, or~~	99901
~~end-stage acquired immunodeficiency syndrome;~~	99902

~~(2) In the case of intermediate care facilities for the~~	99903
~~mentally retarded, facilities and units of facilities that serve~~	99904
~~residents who have complex medical conditions or severe behavioral~~	99905
~~problems.~~	99906

~~The department shall use the methodology established under~~	99907
~~this division to pay for services rendered by such facilities and~~	99908
~~units after June 30, 1993.~~	99909

(C) Notwithstanding any other provision of this chapter	99910
(except section 5165.156 of the Revised Code), the costs incurred	99911
by a designated outlier nursing facility or unit shall not be	99912
considered in establishing medicaid payment rates for other	99913
nursing facilities or units.	99914

(D) The medicaid director shall adopt rules under section	99915
5165.02 of the Revised Code as necessary to implement this	99916
section.	99917

(1)(a) The rules ~~authorized by this division~~ shall ~~specify~~do	99918
both of the following:	99919

(i) Specify the criteria and procedures the department will	99920
apply when designating ~~facilities and units that qualify for~~	99921
~~calculation of rates under this division~~a nursing facility, or	99922
discrete unit of a nursing facility, as an outlier nursing	99923
facility or unit;	99924

(ii) Establish a methodology for prospectively determining	99925
the total per medicaid day payment rate that will be paid each	99926
fiscal year for nursing facility services provided by a designated	99927
outlier nursing facility or unit. ~~The criteria shall include~~	99928

(b) The rules authorized by division (D)(1)(a)(i) of this	99929
section regarding the criteria for designating outlier nursing	99930
facilities and units shall do both of the following:	99931

(i) Provide for consideration of whether all of the allowable	99932
costs of ~~the~~a nursing facility, or discrete unit of a nursing	99933
facility, would be paid by ~~rates established~~a rate determined	99934
under ~~sections 5111.20 to 5111.331~~section 5165.15 of the Revised	99935
Code~~, and shall establish a~~;	99936

(ii) Specify the minimum ~~bed size for a~~number of nursing	99937
facility beds that a nursing facility, or discrete unit ~~to qualify~~	99938
toof a nursing facility, must have ~~its rates established under~~	99939
~~this division~~to be designated an outlier nursing facility or	99940
unit, which may vary based on the diagnoses or special care needs	99941
of the residents served by the nursing facility or unit. ~~The~~	99942
~~criteria shall not be designed to require that residents be served~~	99943
~~only in~~	99944

(c) The rules authorized by division (D)(1)(a)(i) of this	99945
section regarding the criteria for designating outlier nursing	99946
facilities and units shall not limit the designation to nursing	99947
facilities, or discrete units of nursing facilities, located in	99948
large cities. ~~The~~	99949

(d) The rules authorized by division (D)(1)(a)(ii) of this	99950
section regarding the methodology for prospectively determining	99951
the rates of designated outlier nursing facilities and units shall	99952
provide for the methodology ~~established by the rules shall~~to	99953
consider the historical costs of providing ~~care~~nursing facility	99954
services to the residents of ~~the~~designated outlier nursing	99955
facilities orand units.	99956

(2)(a) The rules may ~~require~~do both of the following:

99957

(i) Include for designation as an outlier nursing facility or	99958
unit, a nursing facility, or discrete unit of a nursing facility,	99959
that serves medically fragile pediatric residents; residents who	99960
are dependent on ventilators; residents who have severe traumatic	99961
brain injury, end-stage Alzheimer's disease, or end-stage acquired	99962
immunodeficiency syndrome; or residents with other diagnoses or	99963
special care needs specified in the rules;	99964

(ii) Require that a designated outlier nursing facility	99965
~~designated under this division or containing a unit designated~~	99966
~~under this division~~ receive authorization from the department to	99967
~~admit~~before admitting or ~~retain~~retaining a resident ~~to the~~	99968
~~facility or unit and~~.	99969

(b) If the director adopts rules authorized by division	99970
(D)(2)(a)(ii) of this section regarding the authorization of a	99971
designated outlier nursing facility or unit to admit or retain a	99972
resident, the rules shall specify the criteria and procedures the	99973
department will apply when granting that authorization.	99974

~~Notwithstanding any other provision of sections 5111.20 to~~	99975
~~5111.331 of the Revised Code (except section 5111.259 of the~~	99976
~~Revised Code), the costs incurred by facilities or units whose~~	99977
~~rates are established under this division shall not be considered~~	99978
~~in establishing payment rates for other facilities or units.~~	99979

~~(B) The director may adopt rules under section 5111.02 of the~~	99980
~~Revised Code under which the department, notwithstanding any other~~	99981
~~provision of sections 5111.20 to 5111.331 of the Revised Code~~	99982
~~(except section 5111.259 of the Revised Code), may adjust the~~	99983
~~rates determined under sections 5111.20 to 5111.331 of the Revised~~	99984
~~Code for a facility that serves a resident who has a diagnosis or~~	99985
~~special care need that, in the rules authorized by division (A) of~~	99986
~~this section, would qualify a facility or unit of a facility to~~	99987
~~have its rate determined under that division, but who is not in~~	99988
~~such a unit. The rules may require that a facility that qualifies~~	99989
~~for a rate adjustment under this division receive authorization~~	99990
~~from the department to admit or retain a resident who qualifies~~	99991
~~the facility for the rate adjustment and shall specify the~~	99992
~~criteria and procedures the department will apply when granting~~	99993
~~that authorization.~~	99994

Sec. 5165.154. (A) To the extent, if any, provided for in	99995
rules authorized by this section, the total per medicaid day	99996
payment rate determined under section 5165.15 of the Revised Code	99997
shall not be paid for nursing facility services that a nursing	99998
facility not designated as an outlier nursing facility or unit	99999
provides to a resident who meets the criteria for admission to a	100000
designated outlier nursing facility or unit, as specified in rules	100001
authorized by section 5165.153 of the Revised Code. Instead, the	100002
provider of a nursing facility providing nursing facility services	100003
to such a resident shall be paid each fiscal year a total per	100004
medicaid day payment rate that the department of medicaid shall	100005
prospectively determine in accordance with a methodology	100006
established in rules authorized by this section.	100007

(B) The medicaid director may adopt rules under section	100008
5165.02 of the Revised Code to implement this section. The rules	100009
may require that a nursing facility receive authorization from the	100010
department before admitting or retaining a resident who meets the	100011
criteria for admission to a designated outlier nursing facility or	100012
unit. If the director adopts such rules, the rules shall specify	100013
the criteria and procedures the department will apply when	100014
granting the authorization.	100015

~~Sec. 5111.225.~~ Sec. 5165.155. (A) As used in this section:

100016

~~"Dual eligible individual" has the same meaning as in section~~	100017
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	100018
~~42 U.S.C. 1396n(h)(2)(B).~~	100019

~~"Medicaid~~, "medicaid maximum allowable amount" means one	100020
hundred per cent of a nursing facility's total per ~~diem~~medicaid	100021
day payment rate ~~for a medicaid day~~.	100022

(B) ~~The~~Instead of paying the total per medicaid day payment	100023
rate determined under section 5165.15 of the Revised Code, the	100024
department of ~~job and family services~~medicaid shall pay the	100025
provider of a nursing facility the lesser of the following for	100026
nursing facility services the nursing facility provides on or	100027
after January 1, 2012, to a dual eligible individual who is	100028
eligible for nursing facility services under the medicaid program	100029
and post-hospital extended care services under Part A of Title	100030
XVIII:	100031

(1) The coinsurance amount for the services as provided under	100032
Part A of Title XVIII;	100033

(2) The medicaid maximum allowable amount for the services,	100034
less the amount paid under Part A of Title XVIII for the services.	100035

~~Sec. 5111.259.~~ Sec. 5165.156. The medicaid director ~~of job and~~	100036
~~family services~~ may ~~submit a request to the United States~~	100037
~~secretary of health and human services for approval to~~ establish a	100038
centers of excellence component of the medicaid program. The	100039
purpose of the centers of excellence component is to increase the	100040
efficiency and quality of nursing facility services provided to	100041
medicaid recipients with complex nursing facility service needs.	100042
~~If federal approval for the centers of excellence component is~~	100043
~~granted, the~~The director may adopt rules under section ~~5111.02~~	100044
5165.02 of the Revised Code governing the component, including	100045
rules that establish a method of determining the medicaid	100046
~~reimbursement~~payment rates for nursing facilities providing	100047
nursing facility services to medicaid recipients participating in	100048
the component. The rules may specify the extent to which, if any,	100049
of the provisions of ~~section 5111.258~~sections 5165.153 and	100050
5165.154 of the Revised Code are to apply to the centers of	100051
excellence component. If such rules are adopted, the nursing	100052
facilities that provide nursing facility services to medicaid	100053
recipients participating in the centers of excellence component	100054
shall be paid for those services in accordance with the method	100055
established in the rules ~~notwithstanding anything to the contrary~~	100056
~~in sections 5111.20 to 5111.331~~instead of the total per medicaid	100057
day payment rate determined under section 5165.15 of the Revised	100058
Code.	100059

~~Sec. 5111.24.~~ Sec. 5165.16. (A) As used in this section:

100060

(1) "Applicable calendar year" means the following:

100061

(a) For the purpose of the department of ~~job and family~~	100062
~~services'~~medicaid's initial determination under division (D) of	100063
this section of each peer group's rate for ancillary and support	100064
costs, calendar year 2003;	100065

(b) For the purpose of the department's rebasings, the	100066
calendar year the department selects.	100067

(2) "Rebasing" means a redetermination under division (D) of	100068
this section of each peer ~~groups'~~group's rate for ancillary and	100069
support costs using information from cost reports for an	100070
applicable calendar year that is later than the applicable	100071
calendar year used for the previous determination of such rates.	100072

(B) The department of ~~job and family services~~medicaid shall	100073
~~pay a provider for~~determine each ~~of the provider's eligible~~	100074
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	100075
payment rate for ancillary and support costs ~~determined for the~~.	100076
A nursing facility's ~~peer group~~rate shall be the rate determined	100077
under division (D) of this section for the nursing facility's peer	100078
group. However, for the period beginning October 1, 2013, and	100079
ending on the first day of the first rebasing, the rate for a	100080
nursing facility located in Mahoning or Stark county shall be the	100081
rate determined for the following:	100082

(1) If the nursing facility has fewer than one hundred beds,	100083
the nursing facilities in peer group three;	100084

(2) If the nursing facility has one hundred or more beds, the	100085
nursing facilities in peer group four.	100086

(C) For the purpose of determining nursing facilities' ~~rate~~	100087
rates for ancillary and support costs, the department shall	100088
establish six peer groups.	100089

~~Each~~(1) Until the first rebasing occurs, the peer groups	100090
shall be composed as follows:	100091

(a) Each nursing facility located in any of the following	100092
counties shall be placed in peer group one or two: Brown, Butler,	100093
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	100094
located in any of those counties that has fewer than one hundred	100095
beds shall be placed in peer group one. Each nursing facility	100096
located in any of those counties that has one hundred or more beds	100097
shall be placed in peer group two.	100098

(b) Each nursing facility located in any of the following	100099
counties shall be placed in peer group three or four: Ashtabula,	100100
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	100101
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	100102
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	100103
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	100104
Union, and Wood. Each nursing facility located in any of those	100105
counties that has fewer than one hundred beds shall be placed in	100106
peer group three. Each nursing facility located in any of those	100107
counties that has one hundred or more beds shall be placed in peer	100108
group four.	100109

(c) Each nursing facility located in any of the following	100110
counties shall be placed in peer group five or six: Adams, Allen,	100111
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	100112
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	100113
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	100114
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	100115
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	100116
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	100117
Washington, Wayne, Williams, and Wyandot. Each nursing facility	100118
located in any of those counties that has fewer than one hundred	100119
beds shall be placed in peer group five. Each nursing facility	100120
located in any of those counties that has one hundred or more beds	100121
shall be placed in peer group six.	100122

(2) Beginning with the first rebasing, the peer groups shall	100123
be composed as they are under division (C)(1) of this section	100124
except as follows:	100125

(a) Each nursing facility that has fewer than one hundred	100126
beds and is located in Mahoning or Stark county shall be placed in	100127
peer group three rather than peer group five.	100128

(b) Each nursing facility that has one hundred or more beds	100129
and is located in Mahoning or Stark county shall be placed in peer	100130
group four rather than peer group six.	100131

(D)(1) The department shall determine the rate for ancillary	100132
and support costs for each peer group established under division	100133
(C) of this section. The department is not required to conduct a	100134
rebasing more than once every ten years. Except as necessary to	100135
implement the amendments made to this section by Am. Sub. H.B. 153	100136
and Sub. H.B. 303, both of the 129th general assembly, the rate	100137
for ancillary and support costs determined under this division for	100138
a peer group shall be used for subsequent years until the	100139
department conducts a rebasing. To determine a peer group's rate	100140
for ancillary and support costs, the department shall do all of	100141
the following:	100142

(a) Subject to division (D)(2) of this section, determine the	100143
rate for ancillary and support costs for each nursing facility in	100144
the peer group for the applicable calendar year by using the	100145
greater of the nursing facility's actual inpatient days for the	100146
applicable calendar year or the inpatient days the nursing	100147
facility would have had for the applicable calendar year if its	100148
occupancy rate had been ninety per cent;	100149

(b) Subject to division (D)(3) of this section, identify	100150
which nursing facility in the peer group is at the twenty-fifth	100151
percentile of the rate for ancillary and support costs for the	100152
applicable calendar year determined under division (D)(1)(a) of	100153
this section;	100154

(c) Multiply the rate for ancillary and support costs	100155
determined under division (D)(1)(a) of this section for the	100156
nursing facility identified under division (D)(1)(b) of this	100157
section by the rate of inflation for the eighteen-month period	100158
beginning on the first day of July of the applicable calendar year	100159
and ending the last day of December of the calendar year	100160
immediately following the applicable calendar year using the	100161
following:	100162

(i) Until the first rebasing occurs, the consumer price index	100163
for all items for all urban consumers for the north central	100164
region, published by the United States bureau of labor statistics,	100165
as that index existed on July 1, 2005;	100166

(ii) Effective with the first rebasing and except as provided	100167
in division (D)(1)(c)(iii) of this section, the consumer price	100168
index for all items for all urban consumers for the midwest	100169
region, published by the United States bureau of labor statistics;	100170

(iii) If the United States bureau of labor statistics ceases	100171
to publish the index specified in division (D)(1)(c)(ii) of this	100172
section, the index the bureau subsequently publishes that covers	100173
urban consumers' prices for items for the region that includes	100174
this state.	100175

(d) Until the first rebasing occurs, increase the amount	100176
calculated under division (D)(1)(c) of this section by five and	100177
eight hundredths per cent.	100178

(2) For the purpose of determining a nursing facility's	100179
occupancy rate under division (D)(1)(a) of this section, the	100180
department shall include any beds that the nursing facility	100181
removes from its medicaid-certified capacity unless the nursing	100182
facility also removes the beds from its licensed bed capacity.	100183

(3) In making the identification under division (D)(1)(b) of	100184
this section, the department shall exclude both of the following:	100185

(a) Nursing facilities that participated in the medicaid	100186
program under the same provider for less than twelve months in the	100187
applicable calendar year;	100188

(b) Nursing facilities whose ancillary and support costs are	100189
more than one standard deviation from the mean desk-reviewed,	100190
actual, allowable, per diem ancillary and support cost for all	100191
nursing facilities in the nursing facility's peer group for the	100192
applicable calendar year.	100193

(4) The department shall not redetermine a peer group's rate	100194
for ancillary and support costs under this division based on	100195
additional information that it receives after the rate is	100196
determined. The department shall redetermine a peer group's rate	100197
for ancillary and support costs only if the department made an	100198
error in determining the rate based on information available to	100199
the department at the time of the original determination.	100200

~~Sec. 5111.25.~~ Sec. 5165.17. (A) As used in this section:

100201

(1) "Applicable calendar year" means the following:

100202

(a) For the purpose of the department of ~~job and family~~	100203
~~services'~~medicaid's initial determination under division (D) of	100204
this section of each peer group's rate for capital costs, calendar	100205
year 2003;	100206

(b) For the purpose of the department's rebasings, the	100207
calendar year the department selects.	100208

(2) "Rebasing" means a redetermination under division (D) of	100209
this section of each peer ~~groups'~~group's rate for capital costs	100210
using information from cost reports for an applicable calendar	100211
year that is later than the applicable calendar year used for the	100212
previous determination of such rates.	100213

(B) The department of ~~job and family services~~medicaid shall	100214
~~pay a provider for~~determine each ~~of the provider's eligible~~	100215
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	100216
payment rate for capital costs ~~determined for the~~. A nursing	100217
facility's ~~peer group~~rate shall be the rate determined under	100218
division (D) of this section. However, for the period beginning	100219
October 1, 2013, and ending on the first day of the first	100220
rebasing, the rate for a nursing facility located in Mahoning or	100221
Stark county shall be the rate determined for the following:	100222

(1) If the nursing facility has fewer than one hundred beds,	100223
the nursing facilities in peer group three;	100224

(2) If the nursing facility has one hundred or more beds, the	100225
nursing facilities in peer group four.	100226

(C) For the purpose of determining nursing facilities' ~~rate~~	100227
rates for capital costs, the department shall establish six peer	100228
groups.	100229

~~Each~~(1) Until the first rebasing occurs, the peer groups	100230
shall be composed as follows:	100231

(a) Each nursing facility located in any of the following	100232
counties shall be placed in peer group one or two: Brown, Butler,	100233
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	100234
located in any of those counties that has fewer than one hundred	100235
beds shall be placed in peer group one. Each nursing facility	100236
located in any of those counties that has one hundred or more beds	100237
shall be placed in peer group two.	100238

(b) Each nursing facility located in any of the following	100239
counties shall be placed in peer group three or four: Ashtabula,	100240
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	100241
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	100242
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	100243
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	100244
Union, and Wood. Each nursing facility located in any of those	100245
counties that has fewer than one hundred beds shall be placed in	100246
peer group three. Each nursing facility located in any of those	100247
counties that has one hundred or more beds shall be placed in peer	100248
group four.	100249

(c) Each nursing facility located in any of the following	100250
counties shall be placed in peer group five or six: Adams, Allen,	100251
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	100252
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	100253
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	100254
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	100255
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	100256
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	100257
Washington, Wayne, Williams, and Wyandot. Each nursing facility	100258
located in any of those counties that has fewer than one hundred	100259
beds shall be placed in peer group five. Each nursing facility	100260
located in any of those counties that has one hundred or more beds	100261
shall be placed in peer group six.	100262

(2) Beginning with the first rebasing, the peer groups shall	100263
be composed as they are under division (C)(1) of this section	100264
except as follows:	100265

(a) Each nursing facility that has fewer than one hundred	100266
beds and is located in Mahoning or Stark county shall be placed in	100267
peer group three rather than peer group five.	100268

(b) Each nursing facility that has one hundred or more beds	100269
and is located in Mahoning or Stark county shall be placed in peer	100270
group four rather than peer group six.	100271

(D)(1) The department shall determine the rate for capital	100272
costs for each peer group established under division (C) of this	100273
section. The department is not required to conduct a rebasing more	100274
than once every ten years. Except as necessary to implement the	100275
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	100276
303, both of the 129th general assembly, the rate for capital	100277
costs determined under this division for a peer group shall be	100278
used for subsequent years until the department conducts a	100279
rebasing. To determine a peer group's rate for capital costs, the	100280
department shall do both of the following:	100281

(a) Determine the rate for capital costs for the nursing	100282
facility in the peer group that is at the twenty-fifth percentile	100283
of the rate for capital costs for the applicable calendar year;	100284

(b) Until the first rebasing occurs, increase the amount	100285
calculated under division (D)(1)(a) of this section by five and	100286
eight hundredths per cent.	100287

(2) To identify the nursing facility in a peer group that is	100288
at the twenty-fifth percentile of the rate for capital costs for	100289
the applicable calendar year, the department shall do both of the	100290
following:	100291

(a) Subject to division (D)(3) of this section, use the	100292
greater of each nursing facility's actual inpatient days for the	100293
applicable calendar year or the inpatient days the nursing	100294
facility would have had for the applicable calendar year if its	100295
occupancy rate had been one hundred per cent;	100296

(b) Exclude both of the following:

100297

(i) Nursing facilities that participated in the medicaid	100298
program under the same provider for less than twelve months in the	100299
applicable calendar year;	100300

(ii) Nursing facilities whose capital costs are more than one	100301
standard deviation from the mean desk-reviewed, actual, allowable,	100302
per diem capital cost for all nursing facilities in the nursing	100303
facility's peer group for the applicable calendar year.	100304

(3) For the purpose of determining a nursing facility's	100305
occupancy rate under division (D)(2)(a) of this section, the	100306
department shall include any beds that the nursing facility	100307
removes from its medicaid-certified capacity after June 30, 2005,	100308
unless the nursing facility also removes the beds from its	100309
licensed bed capacity.	100310

(4) The department shall not redetermine a peer group's rate	100311
for capital costs under this division based on additional	100312
information that it receives after the rate is determined. The	100313
department shall redetermine a peer group's rate for capital costs	100314
only if the department made an error in determining the rate based	100315
on information available to the department at the time of the	100316
original determination.	100317

(E) Buildings shall be depreciated using the straight line	100318
method over forty years or over a different period approved by the	100319
department. Components and equipment shall be depreciated using	100320
the straight-line method over a period designated in rules adopted	100321
under section ~~5111.02~~5165.02 of the Revised Code, consistent with	100322
the guidelines of the American hospital association, or over a	100323
different period approved by the department. Any rules authorized	100324
by this division that specify useful lives of buildings,	100325
components, or equipment apply only to assets acquired on or after	100326
July 1, 1993. Depreciation for costs paid or reimbursed by any	100327
government agency shall not be included in capital costs unless	100328
that part of the payment under ~~sections 5111.20 to 5111.331 of the~~	100329
~~Revised Code~~this chapter is used to reimburse the government	100330
agency.	100331

(F) The capital cost basis of nursing facility assets shall	100332
be determined in the following manner:	100333

(1) Except as provided in division (F)(3) of this section,	100334
for purposes of calculating the rates to be paid for facilities	100335
with dates of licensure on or before June 30, 1993, the capital	100336
cost basis of each asset shall be equal to the desk-reviewed,	100337
actual, allowable, capital cost basis that is listed on the	100338
facility's cost report for the calendar year preceding the fiscal	100339
year during which the rate will be paid.	100340

(2) For facilities with dates of licensure after June 30,	100341
1993, the capital cost basis shall be determined in accordance	100342
with the principles of the medicare program ~~established under~~	100343
~~Title XVIII~~, except as otherwise provided in ~~sections 5111.20 to~~	100344
~~5111.331 of the Revised Code~~this chapter.	100345

(3) Except as provided in division (F)(4) of this section, if	100346
a provider transfers an interest in a facility to another provider	100347
after June 30, 1993, there shall be no increase in the capital	100348
cost basis of the asset if the providers are related parties or	100349
the provider to which the interest is transferred authorizes the	100350
provider that transferred the interest to continue to operate the	100351
facility under a lease, management agreement, or other	100352
arrangement. If the previous sentence does not prohibit the	100353
adjustment of the capital cost basis under this division, the	100354
basis of the asset shall be adjusted by one-half of the change in	100355
the consumer price index for all items for all urban consumers, as	100356
published by the United States bureau of labor statistics, during	100357
the time that the transferor held the asset.	100358

(4) If a provider transfers an interest in a facility to	100359
another provider who is a related party, the capital cost basis of	100360
the asset shall be adjusted as specified in division (F)(3) of	100361
this section if all of the following conditions are met:	100362

(a) The related party is a relative of owner;

100363

(b) Except as provided in division (F)(4)(c)(ii) of this	100364
section, the provider making the transfer retains no ownership	100365
interest in the facility;	100366

(c) The department ~~of job and family services~~ determines that	100367
the transfer is an arm's length transaction pursuant to rules	100368
adopted under section ~~5111.02~~5165.02 of the Revised Code. The	100369
rules shall provide that a transfer is an arm's length transaction	100370
if all of the following apply:	100371

(i) Once the transfer goes into effect, the provider that	100372
made the transfer has no direct or indirect interest in the	100373
provider that acquires the facility or the facility itself,	100374
including interest as an owner, officer, director, employee,	100375
independent contractor, or consultant, but excluding interest as a	100376
creditor.	100377

(ii) The provider that made the transfer does not reacquire	100378
an interest in the facility except through the exercise of a	100379
creditor's rights in the event of a default. If the provider	100380
reacquires an interest in the facility in this manner, the	100381
department shall treat the facility as if the transfer never	100382
occurred when the department calculates its reimbursement rates	100383
for capital costs.	100384

(iii) The transfer satisfies any other criteria specified in	100385
the rules.	100386

(d) Except in the case of hardship caused by a catastrophic	100387
event, as determined by the department, or in the case of a	100388
provider making the transfer who is at least sixty-five years of	100389
age, not less than twenty years have elapsed since, for the same	100390
facility, the capital cost basis was adjusted most recently under	100391
division (F)(4) of this section or actual, allowable ~~cost of~~	100392
~~ownership~~capital costs was determined most recently under	100393
division (G)(9) of this section.	100394

(G) As used in this division:

100395

"Imputed interest" means the lesser of the prime rate plus	100396
two per cent or ten per cent.	100397

"Lease expense" means lease payments in the case of an	100398
operating lease and depreciation expense and interest expense in	100399
the case of a capital lease.	100400

"New lease" means a lease, to a different lessee, of a	100401
nursing facility that previously was operated under a lease.	100402

(1) Subject to division (B) of this section, for a lease of a	100403
facility that was effective on May 27, 1992, the entire lease	100404
expense is an actual, allowable capital cost during the term of	100405
the existing lease. The entire lease expense also is an actual,	100406
allowable capital cost if a lease in existence on May 27, 1992, is	100407
renewed under either of the following circumstances:	100408

(a) The renewal is pursuant to a renewal option that was in	100409
existence on May 27, 1992;	100410

(b) The renewal is for the same lease payment amount and	100411
between the same parties as the lease in existence on May 27,	100412
1992.	100413

(2) Subject to division (B) of this section, for a lease of a	100414
facility that was in existence but not operated under a lease on	100415
May 27, 1992, actual, allowable capital costs shall include the	100416
lesser of the annual lease expense or the annual depreciation	100417
expense and imputed interest expense that would be calculated at	100418
the inception of the lease using the lessor's entire historical	100419
capital asset cost basis, adjusted by one-half of the change in	100420
the consumer price index for all items for all urban consumers, as	100421
published by the United States bureau of labor statistics, during	100422
the time the lessor held each asset until the beginning of the	100423
lease.	100424

(3) Subject to division (B) of this section, for a lease of a	100425
facility with a date of licensure on or after May 27, 1992, that	100426
is initially operated under a lease, actual, allowable capital	100427
costs shall include the annual lease expense if there was a	100428
substantial commitment of money for construction of the facility	100429
after December 22, 1992, and before July 1, 1993. If there was not	100430
a substantial commitment of money after December 22, 1992, and	100431
before July 1, 1993, actual, allowable capital costs shall include	100432
the lesser of the annual lease expense or the sum of the	100433
following:	100434

(a) The annual depreciation expense that would be calculated	100435
at the inception of the lease using the lessor's entire historical	100436
capital asset cost basis;	100437

(b) The greater of the lessor's actual annual amortization of	100438
financing costs and interest expense at the inception of the lease	100439
or the imputed interest expense calculated at the inception of the	100440
lease using seventy per cent of the lessor's historical capital	100441
asset cost basis.	100442

(4) Subject to division (B) of this section, for a lease of a	100443
facility with a date of licensure on or after May 27, 1992, that	100444
was not initially operated under a lease and has been in existence	100445
for ten years, actual, allowable capital costs shall include the	100446
lesser of the annual lease expense or the annual depreciation	100447
expense and imputed interest expense that would be calculated at	100448
the inception of the lease using the entire historical capital	100449
asset cost basis of one-half of the change in the consumer price	100450
index for all items for all urban consumers, as published by the	100451
United States bureau of labor statistics, during the time the	100452
lessor held each asset until the beginning of the lease.	100453

(5) Subject to division (B) of this section, for a new lease	100454
of a facility that was operated under a lease on May 27, 1992,	100455
actual, allowable capital costs shall include the lesser of the	100456
annual new lease expense or the annual old lease payment. If the	100457
old lease was in effect for ten years or longer, the old lease	100458
payment from the beginning of the old lease shall be adjusted by	100459
one-half of the change in the consumer price index for all items	100460
for all urban consumers, as published by the United States bureau	100461
of labor statistics, from the beginning of the old lease to the	100462
beginning of the new lease.	100463

(6) Subject to division (B) of this section, for a new lease	100464
of a facility that was not in existence or that was in existence	100465
but not operated under a lease on May 27, 1992, actual, allowable	100466
capital costs shall include the lesser of annual new lease expense	100467
or the annual amount calculated for the old lease under division	100468
(G)(2), (3), (4), or (6) of this section, as applicable. If the	100469
old lease was in effect for ten years or longer, the lessor's	100470
historical capital asset cost basis shall be, for purposes of	100471
calculating the annual amount under division (G)(2), (3), (4), or	100472
(6) of this section, adjusted by one-half of the change in the	100473
consumer price index for all items for all urban consumers, as	100474
published by the United States bureau of labor statistics, from	100475
the beginning of the old lease to the beginning of the new lease.	100476

In the case of a lease under division (G)(3) of this section	100477
of a facility for which a substantial commitment of money was made	100478
after December 22, 1992, and before July 1, 1993, the old lease	100479
payment shall be adjusted for the purpose of determining the	100480
annual amount.	100481

(7) For any revision of a lease described in division (G)(1),	100482
(2), (3), (4), (5), or (6) of this section, or for any subsequent	100483
lease of a facility operated under such a lease, other than	100484
execution of a new lease, the portion of actual, allowable capital	100485
costs attributable to the lease shall be the same as before the	100486
revision or subsequent lease.	100487

(8) Except as provided in division (G)(9) of this section, if	100488
a provider leases an interest in a facility to another provider	100489
who is a related party or previously operated the facility, the	100490
related party's or previous operator's actual, allowable capital	100491
costs shall include the lesser of the annual lease expense or the	100492
reasonable cost to the lessor.	100493

(9) If a provider leases an interest in a facility to another	100494
provider who is a related party, regardless of the date of the	100495
lease, the related party's actual, allowable capital costs shall	100496
include the annual lease expense, subject to the limitations	100497
specified in divisions (G)(1) to (7) of this section, if all of	100498
the following conditions are met:	100499

(a) The related party is a relative of owner;

100500

(b) If the lessor retains an ownership interest, it is,	100501
except as provided in division (G)(9)(c)(ii) of this section, in	100502
only the real property and any improvements on the real property;	100503

(c) The department ~~of job and family services~~ determines that	100504
the lease is an arm's length transaction pursuant to rules adopted	100505
under section ~~5111.02~~5165.02 of the Revised Code. The rules shall	100506
provide that a lease is an arm's length transaction if all of the	100507
following apply:	100508

(i) Once the lease goes into effect, the lessor has no direct	100509
or indirect interest in the lessee or, except as provided in	100510
division (G)(9)(b) of this section, the facility itself, including	100511
interest as an owner, officer, director, employee, independent	100512
contractor, or consultant, but excluding interest as a lessor.	100513

(ii) The lessor does not reacquire an interest in the	100514
facility except through the exercise of a lessor's rights in the	100515
event of a default. If the lessor reacquires an interest in the	100516
facility in this manner, the department shall treat the facility	100517
as if the lease never occurred when the department calculates its	100518
reimbursement rates for capital costs.	100519

(iii) The lease satisfies any other criteria specified in the	100520
rules.	100521

(d) Except in the case of hardship caused by a catastrophic	100522
event, as determined by the department, or in the case of a lessor	100523
who is at least sixty-five years of age, not less than twenty	100524
years have elapsed since, for the same facility, the capital cost	100525
basis was adjusted most recently under division (F)(4) of this	100526
section or actual, allowable capital costs were determined most	100527
recently under division (G)(9) of this section.	100528

(10) This division does not apply to leases of specific items	100529
of equipment.	100530

~~Sec. 5111.231.~~ Sec. 5165.19. (A) As used in this section:

100531

(1) "Applicable calendar year" means the following:

100532

(a) For the purpose of the department of ~~job and family~~	100533
~~services'~~medicaid's initial determination under division (D) of	100534
this section of each peer group's cost per case-mix unit, calendar	100535
year 2003;	100536

(b) For the purpose of the department's rebasings, the	100537
calendar year the department selects.	100538

(2) "Rebasing" means a redetermination under division (D) of	100539
this section of each peer ~~groups'~~group's cost per case-mix unit	100540
using information from cost reports for an applicable calendar	100541
year that is later than the applicable calendar year used for the	100542
previous determination of such costs.	100543

(B) ~~The~~Semiannually, the department of ~~job and family~~	100544
~~services~~medicaid shall ~~pay a provider for~~determine each ~~of the~~	100545
~~provider's eligible~~ nursing ~~facilities a~~facility's per ~~resident~~	100546
~~per~~medicaid day payment rate for direct care costs ~~determined~~	100547
~~semiannually~~ by multiplying ~~the cost per case-mix unit determined~~	100548
~~under division (D) of this section for the facility's peer group~~	100549
by the facility's semiannual case-mix score determined under	100550
section ~~5111.232~~5165.192 of the Revised Code by the cost per	100551
case-mix unit determined under division (D) of this section for	100552
the facility's peer group. However, for the period beginning	100553
October 1, 2013, and ending on the first day of the first	100554
rebasing, the rate for a nursing facility located in Mahoning or	100555
Stark county shall be determined semiannually by multiplying the	100556
facility's semiannual case-mix score determined under section	100557
5165.192 of the Revised Code by the cost per case-mix unit	100558
determined under division (D) of this section for the nursing	100559
facilities in peer group two.	100560

(C) For the purpose of determining nursing facilities' ~~rate~~	100561
rates for direct care costs, the department shall establish three	100562
peer groups.	100563

~~Each~~(1) Until the first rebasing occurs, the peer groups	100564
shall be composed as follows:	100565

(a) Each nursing facility located in any of the following	100566
counties shall be placed in peer group one: Brown, Butler,	100567
Clermont, Clinton, Hamilton, and Warren.	100568

(b) Each nursing facility located in any of the following	100569
counties shall be placed in peer group two: Ashtabula, Champaign,	100570
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	100571
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	100572
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	100573
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	100574
and Wood.	100575

(c) Each nursing facility located in any of the following	100576
counties shall be placed in peer group three: Adams, Allen,	100577
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	100578
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	100579
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	100580
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	100581
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	100582
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	100583
Washington, Wayne, Williams, and Wyandot.	100584

(2) Beginning with the first rebasing, the peer groups shall	100585
be composed as they are under division (C)(1) of this section	100586
except that each nursing facility located in Mahoning or Stark	100587
county shall be placed in peer group two rather than peer group	100588
three.	100589

(D)(1) The department shall determine a cost per case-mix	100590
unit for each peer group established under division (C) of this	100591
section. The department is not required to conduct a rebasing more	100592
than once every ten years. Except as necessary to implement the	100593
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	100594
303, both of the 129th general assembly, and H.B... of the 130th	100595
general assembly, the cost per case-mix unit determined under this	100596
division for a peer group shall be used for subsequent years until	100597
the department conducts a rebasing. To determine a peer group's	100598
cost per case-mix unit, the department shall do all of the	100599
following:	100600

(a) Determine the cost per case-mix unit for each nursing	100601
facility in the peer group for the applicable calendar year by	100602
dividing each facility's desk-reviewed, actual, allowable, per	100603
diem direct care costs for the applicable calendar year by the	100604
facility's annual average case-mix score determined under section	100605
~~5111.232~~5165.192 of the Revised Code for the applicable calendar	100606
year;	100607

(b) Subject to division (D)(2) of this section, identify	100608
which nursing facility in the peer group is at the twenty-fifth	100609
percentile of the cost per case-mix units determined under	100610
division (D)(1)(a) of this section;	100611

(c) Calculate the amount that is two per cent above the cost	100612
per case-mix unit determined under division (D)(1)(a) of this	100613
section for the nursing facility identified under division	100614
(D)(1)(b) of this section;	100615

(d) Using the index specified in division (D)(3) of this	100616
section, multiply the rate of inflation for the eighteen-month	100617
period beginning on the first day of July of the applicable	100618
calendar year and ending the last day of December of the calendar	100619
year immediately following the applicable calendar year by the	100620
amount calculated under division (D)(1)(c) of this section;	100621

(e) Until the first rebasing occurs, add one dollar and	100622
~~eighty-eight~~fifty-six cents to the amount calculated under	100623
division (D)(1)(d) of this section;	100624

(f) Until the first rebasing occurs, increase the amount	100625
calculated under division (D)(1)(e) of this section by five and	100626
eight hundredths per cent.	100627

(2) In making the identification under division (D)(1)(b) of	100628
this section, the department shall exclude both of the following:	100629

(a) Nursing facilities that participated in the medicaid	100630
program under the same provider for less than twelve months in the	100631
applicable calendar year;	100632

(b) Nursing facilities whose cost per case-mix unit is more	100633
than one standard deviation from the mean cost per case-mix unit	100634
for all nursing facilities in the nursing facility's peer group	100635
for the applicable calendar year.	100636

(3) The following index shall be used for the purpose of the	100637
calculation made under division (D)(1)(d) of this section:	100638

(a) Until the first rebasing occurs, the employment cost	100639
index for total compensation, health services component, published	100640
by the United States bureau of labor statistics, as the index	100641
existed on July 1, 2005;	100642

(b) Effective with the first rebasing and except as provided	100643
in division (D)(3)(c) of this section, the employment cost index	100644
for total compensation, nursing and residential care facilities	100645
occupational group, published by the United States bureau of labor	100646
statistics;	100647

(c) If the United States bureau of labor statistics ceases to	100648
publish the index specified in division (D)(3)(b) of this section,	100649
the index the bureau subsequently publishes that covers nursing	100650
facilities' staff costs.	100651

(4) The department shall not redetermine a peer group's cost	100652
per case-mix unit under this division based on additional	100653
information that it receives after the peer group's per case-mix	100654
unit is determined. The department shall redetermine a peer	100655
group's cost per case-mix unit only if it made an error in	100656
determining the peer group's cost per case-mix unit based on	100657
information available to the department at the time of the	100658
original determination.	100659

Sec. 5165.191. Each calendar quarter, each nursing facility	100660
provider shall compile complete assessment data for each resident	100661
of each of the provider's nursing facilities, regardless of	100662
payment source, who is in the nursing facility, or on hospital or	100663
therapeutic leave from the nursing facility, on the last day of	100664
the quarter. A resident assessment instrument specified in rules	100665
authorized by this section shall be used to compile the resident	100666
assessment data. Each provider shall submit the resident	100667
assessment data to the department of health and, if required by	100668
the rules, the department of medicaid. The resident assessment	100669
data shall be submitted not later than fifteen days after the end	100670
of the calendar quarter for which the data is compiled. If the	100671
resident assessment data is to be submitted to the department of	100672
medicaid, it shall be submitted to the department through the	100673
medium or media specified in the rules.	100674

Rules adopted under section 5165.02 of the Revised Code shall	100675
do all of the following:	100676

(A) In a manner consistent with the "Social Security Act,"	100677
section 1919(e)(5), 42 U.S.C. 1396r(e)(5), specify a resident	100678
assessment instrument to be used by nursing facility providers	100679
under this section;	100680

(B) Specify whether nursing facility providers must submit	100681
the resident assessment data to the department of medicaid;	100682

(C) If the rules specify that nursing facility providers must	100683
submit the resident assessment data to the department, specify the	100684
medium or media through which the data is to be submitted.	100685

~~Sec. 5111.232.~~ Sec. 5165.192. (A)(1) ~~The~~Except as provided in	100686
division (B) of this section and in accordance with the process	100687
specified in rules authorized by this section, the department of	100688
~~job and family services~~medicaid shall do all of the following:	100689

(a) Every quarter, determine the following two case-mix	100690
scores for each nursing facility:	100691

(i) A quarterly case-mix score that includes each resident	100692
who is a medicaid recipient and is not a low resource utilization	100693
resident;	100694

(ii) A quarterly case-mix score that includes each resident	100695
regardless of payment source.	100696

(b) Every six months, determine a semiannual ~~and annual~~	100697
average case-mix ~~scores~~score for each nursing ~~facilities~~facility	100698
by using ~~all of~~ the ~~following:~~quarterly case-mix scores	100699
determined for the nursing facility pursuant to division	100700
(A)(1)(a)(i) of this section;	100701

(c) After the end of each calendar year, determine an annual	100702
average case-mix score for each nursing facility by using the	100703
quarterly case-mix scores determined for the nursing facility	100704
pursuant to division (A)(1)(a)(ii) of this section.	100705

(2) When determining case-mix scores under division (A)(1) of	100706
this section, the department shall use all of the following:	100707

(a) Data from a resident assessment instrument specified in	100708
rules ~~adopted under~~authorized by section ~~5111.02~~5165.191 of the	100709
Revised Code ~~pursuant to section 1919(e)(5) of the "Social~~	100710
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as~~	100711
~~amended, for the following residents:~~	100712

~~(i) When determining semiannual case-mix scores for fiscal~~	100713
~~year 2012, each resident who is a medicaid recipient~~;	100714

~~(ii) When determining semiannual case-mix scores for fiscal~~	100715
~~year 2013 and thereafter, each resident who is a medicaid~~	100716
~~recipient and not placed in either of the two lowest resource~~	100717
~~utilization groups, excluding any resource utilization group that~~	100718
~~is a default group used for residents with incomplete assessment~~	100719
~~data;~~	100720

~~(iii) When determining annual average case-mix scores, each~~	100721
~~resident regardless of payment source.~~	100722

(b) Except as provided in rules authorized by ~~divisions~~	100723
~~(A)(2)(a) and (b) of~~ this section, the case-mix values established	100724
by the United States department of health and human services;	100725

(c) Except as modified in rules authorized by ~~division~~	100726
~~(A)(2)(c) of~~ this section, the grouper methodology used on June	100727
30, 1999, by the United States department of health and human	100728
services for prospective payment of skilled nursing facilities	100729
under the medicare program ~~established by Title XVIII~~.	100730

~~(2) The director of job and family services may adopt rules~~	100731
~~under section 5111.02 of the Revised Code that do any of the~~	100732
~~following:~~	100733

~~(a) Adjust the case-mix values specified in division~~	100734
~~(A)(1)(b) of this section to reflect changes in relative wage~~	100735
~~differentials that are specific to this state;~~	100736

~~(b) Express all of those case-mix values in numeric terms~~	100737
~~that are different from the terms specified by the United States~~	100738
~~department of health and human services but that do not alter the~~	100739
~~relationship of the case-mix values to one another;~~	100740

~~(c) Modify the grouper methodology specified in division~~	100741
~~(A)(1)(c) of this section as follows:~~	100742

~~(i) Establish a different hierarchy for assigning residents~~	100743
~~to case-mix categories under the methodology;~~	100744

~~(ii) Prohibit the use of the index maximizer element of the~~	100745
~~methodology;~~	100746

~~(iii) Incorporate changes to the methodology the United~~	100747
~~States department of health and human services makes after June~~	100748
~~30, 1999;~~	100749

~~(iv) Make other changes the department determines are~~	100750
~~necessary.~~	100751

(B) ~~The department shall determine case-mix scores for~~	100752
~~intermediate care facilities for the mentally retarded using data~~	100753
~~for each resident, regardless of payment source, from a resident~~	100754
~~assessment instrument and grouper methodology prescribed in rules~~	100755
~~adopted under section 5111.02 of the Revised Code and expressed in~~	100756
~~case-mix values established by the department in those rules.~~	100757

~~(C) Each calendar quarter, each provider shall compile~~	100758
~~complete assessment data, from the resident assessment instrument~~	100759
~~specified in rules authorized by division (A) or (B) of this~~	100760
~~section, for each resident of each of the provider's facilities,~~	100761
~~regardless of payment source, who was in the facility or on~~	100762
~~hospital or therapeutic leave from the facility on the last day of~~	100763
~~the quarter. Providers of a nursing facility shall submit the data~~	100764
~~to the department of health and, if required by rules, the~~	100765
~~department of job and family services.~~ ~~Providers of an~~	100766
~~intermediate care facility for the mentally retarded shall submit~~	100767
~~the data to the department of job and family services.~~ The data	100768
shall be submitted not later than fifteen days after the end of	100769
the calendar quarter for which the data is compiled.	100770

~~Except as provided in division (D) of this section, the~~	100771
~~department~~, every six months and after the end of each calendar	100772
year, shall calculate a semiannual and annual average case-mix	100773
score for each nursing facility using the facility's quarterly	100774
case-mix scores for that six-month period or calendar year. ~~Also~~	100775
~~except as provided in division (D) of this section, the~~	100776
~~department, after the end of each calendar year, shall calculate~~	100777
~~an annual average case-mix score for each intermediate care~~	100778
~~facility for the mentally retarded using the facility's quarterly~~	100779
~~case-mix scores for that calendar year.~~ The department shall make	100780
the calculations pursuant to procedures specified in rules adopted	100781
under section 5111.02 of the Revised Code.	100782

~~(D)~~(1) ~~If a~~Subject to division (B)(2) of this section, the	100783
department, for one or more months of a calendar quarter, may	100784
assign to a nursing facility a case-mix score that is five per	100785
cent less than the nursing facility's case-mix score for the	100786
immediately preceding calendar quarter if any of the following	100787
apply:	100788

(a) The provider does not timely submit ~~information~~complete	100789
and accurate resident assessment data necessary to determine the	100790
nursing facility's case-mix score for athe calendar quarter	100791
~~necessary to calculate a facility's case-mix score, or submits~~	100792
~~incomplete or inaccurate information for a calendar quarter, the~~	100793
~~department may assign the facility a quarterly average case-mix~~	100794
~~score that is five per cent less than the facility's quarterly~~	100795
~~average case-mix score for the preceding calendar quarter. If the~~;	100796

(b) The nursing facility was subject to an exception review	100797
under ~~division (C) of~~ section ~~5111.27~~5165.193 of the Revised Code	100798
for the immediately preceding calendar quarter~~, the department may~~	100799
~~assign a quarterly average case-mix score that is five per cent~~	100800
~~less than the score determined by the exception review. If the~~;	100801

(c) The nursing facility was assigned a ~~quarterly average~~	100802
case-mix score for the immediately preceding calendar quarter~~, the~~	100803
~~department may assign a quarterly average case-mix score that is~~	100804
~~five per cent less than that score assigned for the preceding~~	100805
~~quarter~~.	100806

~~The department may use a quarterly average case-mix score~~	100807
~~assigned under division (D)(1) of this section, instead of a~~	100808
~~quarterly average case-mix score calculated based on the~~	100809
~~provider's submitted information, to calculate the facility's rate~~	100810
~~for direct care costs being established under section~~ ~~5111.23 or~~	100811
5111.231 of the Revised Code for one or more months, as specified	100812
in rules authorized by division (E) of this section, of the	100813
quarter for which the rate established under section ~~5111.23 or~~	100814
5111.231 of the Revised Code will be paid.	100815

(2) Before ~~taking action under division (D)(1) of this~~	100816
~~section~~assigning a case-mix score to a nursing facility due to	100817
the submission of incorrect resident assessment data, the	100818
department shall permit the provider ~~a reasonable period of time,~~	100819
~~specified in rules authorized by division (E) of this section,~~ to	100820
correct the ~~information~~data. ~~In the case of an intermediate care~~	100821
~~facility for the mentally retarded, the department shall not~~	100822
~~assign a quarterly average case-mix score due to late submission~~	100823
~~of corrections to assessment information unless the provider fails~~	100824
~~to submit corrected information prior to the eighty-first day~~	100825
~~after the end of the calendar quarter to which the information~~	100826
~~pertains. In the case of a nursing facility, the~~The department	100827
~~shall not~~may assign ~~a quarterly average~~the case-mix score ~~due to~~	100828
~~late submission of corrections to assessment information unless~~if	100829
the provider fails to submit the corrected ~~information prior to~~	100830
resident assessment data not later than the earlier of the	100831
~~forty-sixth~~forty-fifth day after the end of the calendar quarter	100832
to which the ~~information~~data pertains or the deadline for	100833
submission of such corrections established by regulations adopted	100834
by the United States department of health and human services under	100835
~~Titles~~Title XVIII and Title XIX.	100836

~~(2)~~(3) If, for more than six months in a calendar year, a	100837
provider is paid a rate determined for a nursing facility	100838
~~calculated~~ using a ~~quarterly average~~ case-mix score assigned to	100839
the nursing facility under division ~~(D)~~(B)(1) of this section ~~for~~	100840
~~more than six months in a calendar year~~, the department may assign	100841
the nursing facility a cost per case-mix unit that is five per	100842
cent less than the nursing facility's actual or assigned cost per	100843
case-mix unit for the immediately preceding calendar year. The	100844
department may use the assigned cost per case-mix unit, instead of	100845
~~calculating~~determining the nursing facility's actual cost per	100846
case-mix unit in accordance with section ~~5111.23 or 5111.231~~	100847
5165.19 of the Revised Code, to establish the nursing facility's	100848
rate for direct care costs for the ~~following~~ fiscal year	100849
immediately following the calendar year for which the cost per	100850
case-mix unit is assigned.	100851

~~(3)~~(4) The department shall take action under division	100852
~~(D)~~(B)(1) or, (2), or (3) of this section only in accordance with	100853
rules authorized by ~~division (E) of~~ this section. The department	100854
shall not take an action that affects rates for prior payment	100855
periods except in accordance with sections ~~5111.27~~5165.41 and	100856
~~5111.28~~5165.42 of the Revised Code.	100857

~~(E)~~(C) The medicaid director shall adopt rules under section	100858
~~5111.02~~5165.02 of the Revised Code ~~that~~as necessary to implement	100859
this section.	100860

(1) The rules shall do all of the following:

100861

~~(1) Specify whether providers of a nursing facility must~~	100862
~~submit the assessment data to the department of job and family~~	100863
~~services;~~	100864

~~(2) Specify the medium or media through which the completed~~	100865
~~assessment data shall be submitted;~~	100866

~~(3)~~(a) Specify the process for determining the semiannual and	100867
annual average case-mix scores for nursing facilities;	100868

(b) Adjust the case-mix values specified in division	100869
(A)(2)(b) of this section to reflect changes in relative wage	100870
differentials that are specific to this state;	100871

(c) Express all of those case-mix values in numeric terms	100872
that are different from the terms specified by the United States	100873
department of health and human services but that do not alter the	100874
relationship of the case-mix values to one another;	100875

(d) Modify the grouper methodology specified in division	100876
(A)(2)(c) of this section as follows:	100877

(i) Establish a different hierarchy for assigning residents	100878
to case-mix categories under the methodology;	100879

(ii) Prohibit the use of the index maximizer element of the	100880
methodology;	100881

(iii) Incorporate changes to the methodology the United	100882
States department of health and human services makes after June	100883
30, 1999;	100884

(iv) Make other changes the department determines are	100885
necessary.	100886

(e) Establish procedures under which ~~the~~resident assessment	100887
data shall be reviewed for accuracy and providers shall be	100888
notified of any data that requires correction;	100889

~~(4)~~(f) Establish procedures for providers to correct resident	100890
assessment data and specify a reasonable period of time by which	100891
providers shall submit the corrections. The procedures may limit	100892
the content of corrections ~~by providers of nursing facilities~~ in	100893
the manner required by regulations adopted by the United States	100894
department of health and human services under ~~Titles~~Title XVIII	100895
and Title XIX.	100896

~~(5)~~(g) Specify when and how the department will assign	100897
case-mix scores or costs per case-mix unit to a nursing facility	100898
under division ~~(D)~~(B) of this section if information necessary to	100899
calculate the nursing facility's case-mix score is not provided or	100900
corrected in accordance with the procedures established by the	100901
rules. ~~Notwithstanding~~	100902

(2) Notwithstanding any other provision of ~~sections 5111.20~~	100903
~~to 5111.331 of the Revised Code~~this chapter, the rules ~~also~~ may	100904
provide for the ~~following:~~	100905

~~(a) Exclusion of case-mix scores assigned under division (D)~~	100906
~~of this section from calculation of an intermediate care facility~~	100907
~~for the mentally retarded's annual average case-mix score and the~~	100908
~~maximum cost per case-mix unit for the facility's peer group;~~	100909

~~(b) Exclusion~~exclusion of case-mix scores assigned to a	100910
nursing facility under division ~~(D)~~(B) of this section from	100911
~~calculation~~the determination of athe nursing facility's	100912
semiannual or annual average case-mix score and the cost per	100913
case-mix unit for the nursing facility's peer group.	100914

Sec. 5165.193. (A) The department of medicaid may, pursuant	100915
to rules authorized by this section, conduct an exception review	100916
of resident assessment data submitted by a nursing facility	100917
provider under section 5165.191 of the Revised Code. The	100918
department may conduct an exception review based on the findings	100919
of a medicaid certification survey conducted by the department of	100920
health, a risk analysis, or prior performance of the provider.	100921

Exception reviews shall be conducted at the nursing facility	100922
by appropriate health professionals under contract with or	100923
employed by the department. The professionals may review resident	100924
assessment forms and supporting documentation, conduct interviews,	100925
and observe residents to identify any patterns or trends of	100926
inaccurate resident assessments and resulting inaccurate case-mix	100927
scores.	100928

(B) If an exception review is conducted before the effective	100929
date of a nursing facility's rate for direct care costs that is	100930
based on the resident assessment data being reviewed and the	100931
review results in findings that exceed tolerance levels specified	100932
in the rules authorized by this section, the department, in	100933
accordance with those rules, may use the findings to redetermine	100934
individual resident case-mix scores, the nursing facility's	100935
case-mix score for the quarter, and the nursing facility's annual	100936
average case-mix score. The department may use the nursing	100937
facility's redetermined quarterly and annual average case-mix	100938
scores to determine the nursing facility's rate for direct care	100939
costs for the appropriate calendar quarter or quarters.	100940

(C) The department shall prepare a written summary of any	100941
exception review finding that is made after the effective date of	100942
a nursing facility's rate for direct care costs that is based on	100943
the resident assessment data that was reviewed. Where the provider	100944
is pursuing judicial or administrative remedies in good faith	100945
regarding the finding, the department shall not withhold from the	100946
provider's current payments any amounts the department claims to	100947
be due from the provider pursuant to section 5165.41 of the	100948
Revised Code.	100949

(D)(1) The medicaid director shall adopt rules under section	100950
5165.02 of the Revised Code as necessary to implement this	100951
section. The rules shall establish an exception review program	100952
that does all of the following:	100953

(a) Requires each exception review to comply with Title XVIII	100954
and Title XIX;	100955

(b) Requires a written summary for each exception review that	100956
states whether resident assessment forms have been completed	100957
accurately;	100958

(c) Prohibits each health professional who conducts an	100959
exception review from doing either of the following:	100960

(i) During the period of the professional's contract or	100961
employment with the department, having or being committed to	100962
acquire any direct or indirect financial interest in the	100963
ownership, financing, or operation of nursing facilities in this	100964
state;	100965

(ii) Reviewing any provider that has been a client of the	100966
professional.	100967

(2) For the purposes of division (D)(1)(c)(i) of this	100968
section, employment of a member of a health professional's family	100969
by a nursing facility that the professional does not review does	100970
not constitute a direct or indirect financial interest in the	100971
ownership, financing, or operation of the nursing facility.	100972

~~Sec. 5111.242.~~ Sec. 5165.21. (A) As used in this section:

100973

(1) "Applicable calendar year" means the following:

100974

(a) For the purpose of the department of ~~job and family~~	100975
~~services'~~medicaid's initial determination under this section of	100976
nursing facilities' rate for tax costs, calendar year 2003;	100977

(b) For the purpose of the department's rebasings, the	100978
calendar year the department selects.	100979

(2) "Rebasing" means a redetermination under division ~~(C)~~(B)	100980
of this section of each nursing facility's rate for tax costs	100981
using information from cost reports for an applicable calendar	100982
year that is later than the applicable calendar year used for the	100983
previous determination of such rates.	100984

(B) ~~The department of job and family services shall pay a~~	100985
~~provider for each of the provider's eligible nursing facilities a~~	100986
~~per resident per day rate for tax costs determined under division~~	100987
~~(C) of this section.~~	100988

~~(C)~~ The department of medicaid shall determine ~~the~~each	100989
nursing facility's per medicaid day payment rate for tax costs ~~for~~	100990
~~each nursing facility~~. The department is not required to conduct a	100991
rebasing more than once every ten years. Except as necessary to	100992
implement the amendments made to this section by Sub. H.B. 303 of	100993
the 129th general assembly, the rate for tax costs determined	100994
under this division for a nursing facility shall be used for	100995
subsequent years until the department conducts a rebasing. To	100996
determine a nursing facility's rate for tax costs and except as	100997
provided in division ~~(D)~~(C) of this section, the department shall	100998
do both of the following:	100999

(1) Divide the nursing facility's desk-reviewed, actual,	101000
allowable tax costs paid for the applicable calendar year by the	101001
number of inpatient days the nursing facility would have had if	101002
its occupancy rate had been one hundred per cent during the	101003
applicable calendar year;	101004

(2) Until the first rebasing occurs, increase the amount	101005
calculated under division ~~(C)~~(B)(1) of this section by five and	101006
eight hundredths per cent.	101007

~~(D)~~(C) If a nursing facility had a credit regarding its real	101008
estate taxes reflected on its cost report for calendar year 2003,	101009
the department shall determine, as follows, its rate for tax costs	101010
for the period beginning on July 1, 2010, and ending on the first	101011
day of the fiscal year for which the department first conducts a	101012
rebasing:	101013

(1) Divide the nursing facility's desk-reviewed, actual,	101014
allowable tax costs paid for calendar year 2004 by the number of	101015
inpatient days the nursing facility would have had if its	101016
occupancy rate had been one hundred per cent during calendar year	101017
2004;	101018

(2) Until the first rebasing occurs, increase the amount	101019
calculated under division ~~(D)~~(C)(1) of this section by five and	101020
eight hundredths per cent.	101021

~~Sec. 5111.246.~~ Sec. 5165.23. (A) Each fiscal year, the department	101022
of ~~job and family services~~medicaid shall ~~pay a~~determine the	101023
critical access incentive payment ~~to the provider of~~for each	101024
nursing facility that qualifies as a critical access nursing	101025
facility. To qualify as a critical access nursing facility for a	101026
fiscal year, a nursing facility must meet all of the following	101027
requirements:	101028

(1) The nursing facility must be located in an area that, on	101029
December 31, 2011, was designated an empowerment zone under	101030
~~section 1391 of~~ the "Internal Revenue Code of 1986," ~~107 Stat. 543~~	101031
section 1391, 26 U.S.C. 1391~~, as amended~~.	101032

(2) The nursing facility must have an occupancy rate of at	101033
least eighty-five per cent as of the last day of the calendar year	101034
immediately preceding the fiscal year.	101035

(3) The nursing facility must have a medicaid utilization	101036
rate of at least sixty-five per cent as of the last day of the	101037
calendar year immediately preceding the fiscal year.	101038

(4) The nursing facility must have been awarded at least five	101039
points for meeting accountability measures under section 5165.25	101040
of the Revised Code for the fiscal year and at least one of the	101041
five points must have been awarded for meeting the following:	101042

(a) For fiscal year 2014, the accountability measures	101043
identified in divisions (C)(10), (11), (12), and (13) of section	101044
5165.25 of the Revised Code;	101045

(b) For fiscal year 2015 and each fiscal year thereafter, the	101046
accountability measures identified in divisions (D)(9), (10),	101047
(11), (12), and (14) of section 5165.25 of the Revised Code.	101048

(B) A critical access nursing facility's critical access	101049
incentive payment for a fiscal year shall equal five per cent of	101050
the portion of the nursing facility's total rate for the fiscal	101051
year that is the sum of the rates and payment identified in	101052
divisions ~~(B)~~(A)(1) to (4) and (6) of section ~~5111.222~~5165.15 of	101053
the Revised Code.	101054

~~Sec. 5111.244.~~ Sec. 5165.25. (A) As used in this section:

101055

(1) ~~"Applicable percentage" means, for the accountability~~	101056
~~measures identified in divisions (C)(10) to (13) of this section,~~	101057
~~the following:~~	101058

~~(a) For fiscal year 2013, whichever of the following applies:~~

101059

~~(i) The percentage that the department of job and family~~	101060
~~services specifies for an accountability measure pursuant to~~	101061
~~division (E)(1)(b) or (E)(2)(a)(ii) of this section;~~	101062

~~(ii) The percentage specified for an accountability measure~~	101063
~~in division (E)(2)(b), (ii), (iii), (iv), or (v) of this section.~~	101064

~~(b) For fiscal year 2014, whichever of the following applies:~~

101065

~~(i) The percentage used pursuant to division (F)(2) of this~~	101066
~~section;~~	101067

~~(ii) The percentage that the department specifies for an~~	101068
~~accountability measure pursuant to division (F)(3)(a) of this~~	101069
~~section.~~	101070

~~(c) For fiscal year 2015 and thereafter, whichever of the~~	101071
~~following applies:~~	101072

~~(i) The percentage used pursuant to division (F)(2) of this~~	101073
~~section;~~	101074

~~(ii) The percentage used pursuant to division (F)(3)(b) of~~	101075
~~this section.~~	101076

~~(2)~~ "Complaint surveys" has the same meaning as in 42 C.F.R.	101077
488.30.	101078

~~(3)~~(2) "Customer satisfaction survey" means the annual survey	101079
of long-term care facilities required by section 173.47 of the	101080
Revised Code.	101081

~~(4)~~(3) "Deficiency" has the same meaning as in 42 C.F.R.	101082
488.301.	101083

(4) "Exempted hospital discharge" has the same meaning as in	101084
42 C.F.R. 483.106(b)(2)(i).	101085

(5) "Family satisfaction survey" means a customer	101086
satisfaction survey, or part of a customer satisfaction survey,	101087
that contains the results of information obtained from the	101088
families of a nursing facility's residents.	101089

(6) "Minimum data set" means the standardized, uniform	101090
comprehensive assessment of nursing facility residents that is	101091
used to identify potential problems, strengths, and preferences of	101092
residents and is part of the resident assessment instrument	101093
required by ~~section 1919(e)(5) of~~ the "Social Security Act," ~~101~~	101094
~~Stat. 1330-197 (1987)~~section 1919(e)(5), 42 U.S.C. 1396r(e)(5),	101095
~~as amended~~.	101096

(7) ~~"National voluntary consensus standards for nursing~~	101097
~~homes" means measures used to determine the quality of care~~	101098
~~provided by nursing facilities as endorsed by the national quality~~	101099
~~forum.~~	101100

~~(8)~~ "Nurse aide" has the same meaning as in section 3721.21	101101
of the Revised Code.	101102

~~(9)~~(8) "Resident satisfaction survey" means a customer	101103
satisfaction survey, or part of a customer satisfaction survey,	101104
that contains the results of information obtained from a nursing	101105
facility's residents.	101106

~~(10)~~(9) "Room mirror" means a mirror that is located in	101107
either of the following rooms:	101108

(a) A resident bathroom if the sink used by a resident after	101109
the resident uses the resident bathroom is in the resident	101110
bathroom;	101111

(b) A resident's room if the sink used by a resident after	101112
the resident uses the resident bathroom is in the resident's room.	101113

~~(11)~~(10) "Room sink" means a sink that is located in either	101114
of the following rooms:	101115

(a) A resident bathroom if the sink used by a resident after	101116
the resident uses the resident bathroom is in the resident	101117
bathroom;	101118

(b) A resident's room if the sink used by a resident after	101119
the resident uses the resident bathroom is in the resident's room.	101120

~~(12)~~(11) "Standard survey" has the same meaning as in 42	101121
C.F.R. 488.301.	101122

(12) "Special focus facility list" means the list of nursing	101123
facilities that the United States department of health and human	101124
services creates under the special focus facility program required	101125
by the "Social Security Act," section 1919(f)(10), 42 U.S.C.	101126
1396r(f)(10).	101127

(13) "Substantial wall" means a permanent structure that	101128
reaches from floor to ceiling and divides a semiprivate room into	101129
two distinct living spaces, each with its own window.	101130

(14) "Table B of the special focus facility list" means the	101131
table included in the special focus facility list that identifies	101132
nursing facilities that have not improved.	101133

(B)(1) Each fiscal year, the department of ~~job and family~~	101134
~~services~~medicaid shall ~~pay a~~determine each nursing facility's	101135
quality incentive payment ~~to the provider of each nursing facility~~	101136
~~that is awarded one or more points for meeting accountability~~	101137
~~measures under division (C) of this section~~. Subject to ~~division~~	101138
divisions (B)(2) and (3) of this section, the per medicaid day	101139
amount of a quality incentive payment paid to a nursing facility	101140
provider shall be the product of the following:	101141

(a) The number of points the provider's nursing facility is	101142
awarded for meeting accountability measures under ~~division (C) of~~	101143
this section;	101144

(b) Three dollars and twenty-nine cents.

101145

(2) The maximum quality incentive payment that may be paid to	101146
~~the provider of~~ a nursing facility provider for a fiscal year 2014	101147
shall be sixteen dollars and forty-four cents per medicaid day.	101148

(3) The maximum quality incentive payment that may be paid to	101149
a nursing facility provider for fiscal year 2015 and each fiscal	101150
year thereafter shall be the following:	101151

(a) Sixteen dollars and forty-four cents if at least one of	101152
the points awarded to the nursing facility for meeting	101153
accountability measures is for an accountability measure	101154
identified in division (D)(9), (10), (11), (12), or (14) of this	101155
section;	101156

(b) Thirteen dollars and sixteen cents if division (B)(3)(a)	101157
of this section does not apply.	101158

(C) ~~Subject~~For fiscal year 2014 only and subject to	101159
~~divisions (D),~~division (E)~~, and (F)~~ of this section, the	101160
department shall award each nursing facility participating in the	101161
medicaid program one point for each of the following	101162
accountability measures the facility meets:	101163

(1) The facility's overall score on its resident satisfaction	101164
survey is at least eighty-six.	101165

(2) The facility's overall score on its family satisfaction	101166
survey is at least eighty-eight.	101167

(3) The facility satisfies the requirements for participation	101168
in the advancing excellence in America's nursing homes campaign.	101169

(4) The facility had neither of the following on the	101170
facility's most recent standard survey conducted not later than	101171
the last day of the calendar year immediately preceding the fiscal	101172
year for which the point is to be awarded or any complaint surveys	101173
conducted in the calendar year immediately preceding the fiscal	101174
year for which the point is to be awarded:	101175

(a) A health deficiency with a scope and severity level	101176
greater than F;	101177

(b) A deficiency that constitutes a substandard quality of	101178
care.	101179

(5) The facility offers at least fifty per cent of its	101180
residents at least one of the following dining choices for at	101181
least one meal each day:	101182

(a) Restaurant-style dining in which food is brought from the	101183
food preparation area to residents per the residents' orders;	101184

(b) Buffet-style dining in which residents obtain their own	101185
food, or have the facility's staff bring food to them per the	101186
residents' directions, from the buffet;	101187

(c) Family-style dining in which food is customarily served	101188
on a serving dish and shared by residents;	101189

(d) Open dining in which residents have at least a two-hour	101190
period to choose when to have a meal;	101191

(e) Twenty-four-hour dining in which residents may order	101192
meals from the facility any time of the day.	101193

(6) At least fifty per cent of the facility's residents are	101194
able to take a bath or shower as often as they choose.	101195

(7) The facility has at least both of the following scores on	101196
its resident satisfaction survey:	101197

(a) With regard to the question in the survey regarding	101198
residents' ability to choose when to go to bed in the evening, at	101199
least eighty-nine;	101200

(b) With regard to the question in the survey regarding	101201
residents' ability to choose when to get out of bed in the	101202
morning, at least seventy-six.	101203

(8) The facility has at least both of the following scores on	101204
its family satisfaction survey:	101205

(a) With regard to the question in the survey regarding	101206
residents' ability to choose when to go to bed in the evening, at	101207
least eighty-eight;	101208

(b) With regard to the question in the survey regarding	101209
residents' ability to choose when to get out of bed in the	101210
morning, at least seventy-five.	101211

(9) All of the following apply to the facility:

101212

(a) At least seventy-five per cent of the facility's	101213
residents have the opportunity, following admission to the	101214
facility and before completing or quarterly updating their	101215
individual plans of care, to discuss their goals for the care they	101216
are to receive at the facility, including their preferences for	101217
advance care planning, with a member of the residents' ~~healthcare~~	101218
health care teams that the facility, residents, and residents'	101219
sponsors consider appropriate.	101220

(b) The facility records the residents' care goals, including	101221
the residents' advance care planning preferences, in their medical	101222
records.	101223

(c) The facility uses the residents' care goals, including	101224
the residents' advance care planning preferences, in the	101225
development of the residents' individual plans of care.	101226

(10) Not more than ~~the applicable percentage~~thirteen and	101227
thirty-five hundredths per cent of the facility's long-stay	101228
residents report severe to moderate pain during the minimum data	101229
set assessment process.	101230

(11) Not more than ~~the applicable percentage~~five and	101231
seventy-three hundredths per cent of the facility's long-stay,	101232
high-risk residents have been assessed as having one or more stage	101233
two, three, or four pressure ulcers during the minimum data set	101234
assessment process.	101235

(12) Not more than ~~the applicable percentage~~one and	101236
fifty-two hundredths per cent of the facility's long-stay	101237
residents were physically restrained as reported during the	101238
minimum data set assessment process.	101239

(13) Less than ~~the applicable percentage~~seven and	101240
seventy-eight hundredths per cent of the facility's long-stay	101241
residents had a urinary tract infection as reported during the	101242
minimum data set assessment process.	101243

(14) The facility uses a tool for tracking residents'	101244
admissions to hospitals.	101245

(15) An average of at least fifty per cent of the facility's	101246
medicaid-certified beds are in private rooms.	101247

(16) The facility has accessible resident bathrooms, all of	101248
which meet at least two of the following standards and at least	101249
some of which meet all of the following standards:	101250

(a) There are room mirrors that are accessible to residents	101251
in wheelchairs, can be adjusted so as to be visible to residents	101252
who are seated or standing, or both.	101253

(b) There are room sinks that are accessible to residents in	101254
wheelchairs and have clearance for wheelchairs.	101255

(c) There are room sinks that have faucets with adaptive or	101256
easy-to-use lever or paddle handles.	101257

(17) The facility does both of the following:

101258

(a) Maintains a written policy that prohibits the use of	101259
overhead paging systems or limits the use of overhead paging	101260
systems to emergencies, as defined in the policy;	101261

(b) Communicates the policy to its staff, residents, and	101262
families of residents.	101263

(18) The facility has a score of at least ninety on its	101264
resident satisfaction survey with regard to the question in the	101265
survey regarding residents' ability to personalize their rooms	101266
with personal belongings.	101267

(19) The facility has a score of at least ninety-five on its	101268
family satisfaction survey with regard to the question in the	101269
survey regarding residents' ability to personalize their rooms	101270
with personal belongings.	101271

(20) The facility does both of the following:

101272

(a) Maintains a written policy that requires consistent	101273
assignment of nurse aides and specifies the goal of having a	101274
resident receive nurse aide care from not more than eight	101275
different nurse aides during a thirty-day period;	101276

(b) Communicates the policy to its staff, residents, and	101277
families of residents.	101278

(21) The facility's staff retention rate is at least	101279
seventy-five per cent.	101280

(22) The facility's turnover rate for nurse aides is not	101281
higher than sixty-five per cent.	101282

(23) For at least fifty per cent of the resident care	101283
conferences in the facility, a nurse aide who is a primary	101284
caregiver for the resident attends and participates in the	101285
conference.	101286

(D) For fiscal year 2015 and each fiscal year thereafter and	101287
subject to division (E) of this section, the department shall	101288
award each nursing facility participating in the medicaid program	101289
one point for each of the following accountability measures the	101290
facility meets:	101291

(1) The facility's overall score on its resident satisfaction	101292
survey is at least eighty-seven and five-tenths.	101293

(2) The facility's overall score on its family satisfaction	101294
survey is at least eighty-five and nine-tenths.	101295

(3) The facility satisfies the requirements for participation	101296
in the advancing excellence in America's nursing homes campaign.	101297

(4) Both of the following apply to the facility:

101298

(a) The facility had not been listed on table B of the	101299
special focus facility list for eighteen or more consecutive	101300
months during any time during the calendar year immediately	101301
preceding the fiscal year for which the point is to be awarded.	101302

(b) The facility had neither of the following on the	101303
facility's most recent standard survey conducted not later than	101304
the last day of the calendar year immediately preceding the fiscal	101305
year for which the point is to be awarded or any complaint surveys	101306
conducted in the calendar year immediately preceding the fiscal	101307
year for which the point is to be awarded:	101308

(i) A health deficiency with a scope and severity level	101309
greater than F;	101310

(ii) A deficiency that constitutes a substandard quality of	101311
care.	101312

(5) The facility does all of the following:

101313

(a) Offers at least fifty per cent of its residents at least	101314
one of the following dining choices for at least two meals each	101315
day:	101316

(i) Restaurant-style dining in which food is brought from the	101317
food preparation area to residents per the residents' orders;	101318

(ii) Buffet-style dining in which residents obtain their own	101319
food, or have the facility's staff bring food to them per the	101320
residents' directions, from the buffet;	101321

(iii) Family-style dining in which food is customarily served	101322
on a serving dish and shared by residents;	101323

(iv) Open dining in which residents have at least a two-hour	101324
period to choose when to have a meal;	101325

(v) Twenty-four-hour dining in which residents may order	101326
meals from the facility any time of the day.	101327

(b) Maintains a written policy specifying the manner or	101328
manners in which residents' dining choices for meals are offered;	101329

(c) Communicates the policy to its staff, residents, and	101330
families of residents.	101331

(6) The facility does all of the following:

101332

(a) Enables at least fifty per cent of the facility's	101333
residents to take a bath or shower when they choose;	101334

(b) Maintains a written policy regarding residents' choices	101335
in bathing;	101336

(c) Communicates the policy to its staff, residents, and	101337
families of residents.	101338

(7) The facility has at least both of the following scores on	101339
its resident satisfaction survey:	101340

(a) With regard to the question in the survey regarding	101341
residents' ability to choose when to go to bed in the evening, at	101342
least eighty-nine;	101343

(b) With regard to the question in the survey regarding	101344
residents' ability to choose when to get out of bed in the	101345
morning, at least seventy-six.	101346

(8) The facility has at least both of the following scores on	101347
its family satisfaction survey:	101348

(a) With regard to the question in the survey regarding	101349
residents' ability to choose when to go to bed in the evening, at	101350
least eighty-eight;	101351

(b) With regard to the question in the survey regarding	101352
residents' ability to choose when to get out of bed in the	101353
morning, at least seventy-five.	101354

(9) Not more than thirteen and thirty-five hundredths per	101355
cent of the facility's long-stay residents report severe to	101356
moderate pain during the minimum data set assessment process.	101357

(10) Not more than five and sixteen hundredths per cent of	101358
the facility's long-stay, high-risk residents have been assessed	101359
as having one or more stage two, three, or four pressure ulcers	101360
during the minimum data set assessment process.	101361

(11) Not more than one and fifty-two hundredths per cent of	101362
the facility's long-stay residents were physically restrained as	101363
reported during the minimum data set assessment process.	101364

(12) Less than seven per cent of the facility's long-stay	101365
residents had a urinary tract infection as reported during the	101366
minimum data set assessment process.	101367

(13) The facility does both of the following:

101368

(a) Uses a tool for tracking residents' admissions to	101369
hospitals;	101370

(b) Annually reports to the department data on hospital	101371
admissions by month for all residents.	101372

(14) Both of the following apply:

101373

(a) At least ninety-five per cent of the facility's long-stay	101374
residents are vaccinated against pneumococcal pneumonia, decline	101375
the vaccination, or are not vaccinated because the vaccination is	101376
medically contraindicated.	101377

(b) At least ninety-three per cent of the facility's	101378
long-stay residents are vaccinated against seasonal influenza,	101379
decline the vaccination, or are not vaccinated because the	101380
vaccination is medically contraindicated.	101381

(15) An average of at least fifty per cent of the facility's	101382
medicaid-certified beds are in either, or in a combination of	101383
both, of the following:	101384

(a) Private rooms;

101385

(b) Semiprivate rooms to which all of the following apply:

101386

(i) Each room provides a distinct territory for each resident	101387
occupying the room.	101388

(ii) Each distinct territory has a window and is separated by	101389
a substantial wall from the other distinct territories in the	101390
room.	101391

(iii) Each resident is able to enter and exit the distinct	101392
territory of the resident's room without entering or exiting	101393
another resident's distinct territory.	101394

(iv) Complete visual privacy for each distinct territory may	101395
be obtained by drawing a curtain or other screen.	101396

(16) The facility obtains at least a ninety-five per cent	101397
compliance rate with requesting resident reviews required by 42	101398
C.F.R. 483.106(b)(2)(ii) for individuals who are exempted hospital	101399
discharges.	101400

(17) The facility does both of the following:

101401

(a) Maintains a written policy that requires consistent	101402
assignment of nurse aides and specifies the goal of having a	101403
resident receive nurse aide care from not more than twelve	101404
different nurse aides during a thirty-day period;	101405

(b) Communicates the policy to its staff, residents, and	101406
families of residents.	101407

(18) The facility's staff retention rate is at least	101408
seventy-five per cent.	101409

(19) The facility's turnover rate for nurse aides is not	101410
higher than sixty-five per cent.	101411

(20) For at least fifty per cent of the resident care	101412
conferences in the facility, a nurse aide who is a primary	101413
caregiver for the resident attends and participates in the	101414
conference.	101415

(21) All of the following apply to the facility:

101416

(a) At least seventy-five per cent of the facility's	101417
residents have the opportunity, following admission to the	101418
facility and before completing or quarterly updating their	101419
individual plans of care, to discuss their goals for the care they	101420
are to receive at the facility, including their preferences for	101421
advance care planning, with a member of the residents' health care	101422
teams that the facility, residents, and residents' sponsors	101423
consider appropriate.	101424

(b) The facility records the residents' care goals, including	101425
the residents' advance care planning preferences, in their medical	101426
records.	101427

(c) The facility uses the residents' care goals, including	101428
the residents' advance care planning preferences, in the	101429
development of the residents' individual plans of care.	101430

(22) The facility does both of the following:

101431

(a) Maintains a written policy that prohibits the use of	101432
overhead paging systems or limits the use of overhead paging	101433
systems to emergencies, as defined in the policy;	101434

(b) Communicates the policy to its staff, residents, and	101435
families of residents.	101436

(E)(1) To be awarded a point for meeting an accountability	101437
measure under division (C) or (D) of this section other than the	101438
accountability measure identified in ~~division~~divisions (C)(4) and	101439
(D)(4)(b) of this section, a nursing facility must meet the	101440
accountability measure in the calendar year immediately preceding	101441
the fiscal year for which the point is to be awarded. ~~However, a~~	101442
~~nursing facility must meet the accountability measures specified~~	101443
~~in divisions (C)(3), (5), (6), (9), (14) to (17), (20), (22), and~~	101444
~~(23) of this section in the period beginning January 1, 2012, and~~	101445
~~ending March 31, 2012, to be awarded points for those~~	101446
~~accountability measures for fiscal year 2013.~~	101447

(2) The department shall award points pursuant to ~~division~~	101448
divisions (C)(1), (7), orand (18) and (D)(1) and (7) of this	101449
section to a nursing facility only if a resident satisfaction	101450
survey was initiated under section 173.47 of the Revised Code for	101451
the nursing facility in the calendar year immediately preceding	101452
the fiscal year for which the points are to be awarded.	101453

(3) The department shall award points pursuant to ~~division~~	101454
divisions (C)(2), (8), orand (19) and (D)(2) and (8) of this	101455
section to a nursing facility only if a family satisfaction survey	101456
was initiated under section 173.47 of the Revised Code for the	101457
nursing facility in the calendar year immediately preceding the	101458
fiscal year for which the points are to be awarded.	101459

(4) The department shall award points pursuant to divisions	101460
(D)(21) and (22) of this section only for fiscal year 2015.	101461

(5) Not later than July 1, 2013, the department shall adjust	101462
the score used for the purpose of division (C)(8)(b) of this	101463
section in a manner that causes at least fifty per cent of nursing	101464
facilities to meet division (C)(8)(b) of this section.	101465

~~(E) For the purposes of awarding points under divisions~~	101466
~~(C)(10) to (13) of this section for fiscal year 2013, the~~	101467
~~following apply:~~	101468

~~(1) If, by July 1, 2012, the United States centers for~~	101469
~~medicare and medicaid services makes calculations using the 3.0~~	101470
~~version of the minimum data set that indicate whether nursing~~	101471
~~facilities meet those accountability measures, the department~~	101472
~~shall do both of the following:~~	101473

~~(a) Rely on those calculations;~~

101474

~~(b) Specify the percentages to be used for the purposes of~~	101475
~~those accountability measures and, in specifying the percentages,~~	101476
~~provide for at least fifty per cent of nursing facilities to earn~~	101477
~~points for meeting those accountability measures.~~	101478

~~(2) If, by July 1, 2012, the United States centers for~~	101479
~~medicare and medicaid services does not make calculations using~~	101480
~~the 3.0 version of the minimum data set that indicate whether~~	101481
~~nursing facilities meet those accountability measures, the~~	101482
~~department shall do either of the following:~~	101483

~~(a) Do both of the following:~~

101484

~~(i) Make the calculations using the 3.0 version of the~~	101485
~~minimum data set in accordance with the national voluntary~~	101486
~~consensus standards for nursing homes;~~	101487

~~(ii) Specify the percentages to be used for the purposes of~~	101488
~~those accountability measures and, in specifying the percentages,~~	101489
~~provide for at least fifty per cent of nursing facilities to earn~~	101490
~~points for meeting those accountability measures.~~	101491

~~(b) Do all of the following:~~

101492

~~(i) Rely on the most recent calculations the United States~~	101493
~~centers for medicare and medicaid services made using the 2.0~~	101494
~~version of the minimum data set that indicate whether nursing~~	101495
~~facilities meet those accountability measures;~~	101496

~~(ii) Use four per cent as the applicable percentage for the~~	101497
~~accountability measure identified in division (C)(10) of this~~	101498
~~section;~~	101499

~~(iii) Use nine per cent as the applicable percentage for the~~	101500
~~accountability measure identified in division (C)(11) of this~~	101501
~~section;~~	101502

~~(iv) Use two per cent as the applicable percentage for the~~	101503
~~accountability measure identified in division (C)(12) of this~~	101504
~~section;~~	101505

~~(v) Use ten per cent as the applicable percentage for the~~	101506
~~accountability measure identified in division (C)(13) of this~~	101507
~~section.~~	101508

(F) ~~For the purposes of awarding points under divisions~~	101509
~~(C)(10) to (13) of this section for fiscal year 2014 and~~	101510
~~thereafter, the department shall do the following:~~	101511

~~(1) Rely on calculations the United States centers for~~	101512
~~medicare and medicaid services makes using the 3.0 version of the~~	101513
~~minimum data set that indicate whether nursing facilities meet~~	101514
~~those accountability measures;~~	101515

~~(2) If the department takes action pursuant to division~~	101516
~~(E)(1) of this section for fiscal year 2013, continue to use the~~	101517
~~percentages the department specifies pursuant to division~~	101518
~~(E)(1)(b) of this section for the purposes of those accountability~~	101519
~~measures;~~	101520

~~(3) If the department takes action pursuant to division~~	101521
~~(E)(2) of this section for fiscal year 2013, do the following:~~	101522

~~(a) For fiscal year 2014, specify the percentages to be used~~	101523
~~for the purposes of those accountability measures and, in~~	101524
~~specifying the percentages, provide for at least fifty per cent of~~	101525
~~nursing facilities to earn points for meeting those accountability~~	101526
~~measures;~~	101527

~~(b) For fiscal year 2015 and thereafter, continue to use the~~	101528
~~percentages the department specifies pursuant to division~~	101529
~~(F)(3)(a) of this section for the purposes of those accountability~~	101530
~~measures.~~Not later than July 1, 2014, the department shall	101531
submit, in accordance with section 101.68 of the Revised Code,	101532
recommendations to the general assembly for accountability	101533
measures to replace the accountability measures identified in	101534
divisions (D)(21) and (22) of this section.	101535

(G) ~~The director of job and family services shall adopt rules~~	101536
~~under section 5111.02 of the Revised Code as necessary to~~	101537
~~implement this section.~~	101538

~~The rules~~Rules adopted under section 5165.02 of the Revised	101539
Code may specify what is meant by "some" as that word is used in	101540
division (C)(16) of this section.	101541

~~Sec. 5111.245.~~ Sec. 5165.26. (A) As used in this section:

101542

(1) "Budgeted amount for quality incentive payments for a	101543
fiscal year" means the amount determined for a fiscal year as	101544
follows:	101545

(a) Multiply the total number of medicaid days in the	101546
immediately preceding fiscal year by sixteen dollars and	101547
forty-four cents;	101548

(b) Determine the total amount of quality incentive payments	101549
that was paid under section 5165.25 of the Revised Code to all	101550
nursing facility providers for the immediately preceding fiscal	101551
year;	101552

(c) Subtract the amount determined under division (A)(1)(b)	101553
of this section from the product calculated under division	101554
(A)(1)(a) of this section;	101555

(d) Add thirty million dollars to the difference calculated	101556
under division (A)(1)(c) of this section.	101557

(2) "Point days for a fiscal year" means the product of the	101558
following:	101559

(a) A qualifying nursing facility's quality bonus points for	101560
the fiscal year;	101561

(b) The number of the qualifying nursing facility's medicaid	101562
days in the immediately preceding fiscal year.	101563

~~(2)~~(3) "Qualifying nursing facility" means a nursing facility	101564
that qualifies for a quality bonus for a fiscal year as determined	101565
under division (B) of this section.	101566

~~(3)~~(4) "Quality bonus points for a fiscal year" means the	101567
amount determined by subtracting five from the number of points	101568
awarded to a qualifying nursing facility for meeting	101569
accountability measures under ~~division (C) of~~ section ~~5111.244~~	101570
5165.25 of the Revised Code for a fiscal year.	101571

~~(4) "Residual budgeted amount for quality incentive payments~~	101572
~~for a fiscal year" means the amount determined for a fiscal year~~	101573
~~as follows:~~	101574

~~(a) Multiply the total number of medicaid days in the fiscal~~	101575
~~year by sixteen dollars and forty-four cents;~~	101576

~~(b) Determine the total amount of quality incentive payments~~	101577
~~that was paid under section 5111.244 of the Revised Code to all~~	101578
~~nursing facility providers for the fiscal year;~~	101579

~~(c) Subtract the amount determined under division (A)(4)(b)~~	101580
~~of this section from the product calculated under division~~	101581
~~(A)(4)(a) of this section.~~	101582

(B) ~~The~~Not later than the first day of November of each	101583
fiscal year, the department of ~~job and family services~~medicaid	101584
shall pay a nursing facility provider a quality bonus for athe	101585
fiscal year if ~~both of~~ the ~~following apply:~~	101586

~~(1) The~~ provider's nursing facility is awarded more than five	101587
points for meeting accountability measures under ~~division (C) of~~	101588
section ~~5111.244~~5165.25 of the Revised Code for the fiscal year	101589
and the following applies:	101590

(1) For fiscal year 2014, at least two of the points are	101591
awarded to the nursing facility pursuant to division (C)(10),	101592
(11), (12), (13), or (14) of section 5165.25 of the Revised Code.	101593

(2) For fiscal year 2015 and each fiscal year thereafter, at	101594
least two of the points are awarded to the nursing facility	101595
pursuant to division (D)(9), (10), (11), (12), (13), or (14) of	101596
section 5165.25 of the Revised Code.	101597

~~(2) The residual budgeted amount for quality incentive~~	101598
~~payments for the fiscal year is greater than zero.~~	101599

(C) The total quality bonus to be paid to the provider of a	101600
qualifying nursing facility for a fiscal year shall equal the	101601
product of the following:	101602

(1) The quality bonus per medicaid day for the fiscal year	101603
determined for the provider's qualifying nursing facility under	101604
division (D) of this section;	101605

(2) The number of the qualifying nursing facility's medicaid	101606
days in the immediately preceding fiscal year.	101607

(D) A qualifying nursing facility's quality bonus per	101608
medicaid day for a fiscal year shall be the product of the	101609
following:	101610

(1) The nursing facility's quality bonus points for the	101611
fiscal year;	101612

(2) The quality bonus per point for the fiscal year	101613
determined under division (E) of this section.	101614

(E) The quality bonus per point for a fiscal year shall be	101615
determined as follows:	101616

(1) Determine the number of each qualifying nursing	101617
facility's point days for the fiscal year;	101618

(2) Determine the sum of all qualifying nursing facilities'	101619
point days for the fiscal year;	101620

(3) Divide the ~~residual~~ budgeted amount for quality incentive	101621
payments for the fiscal year by the sum determined under division	101622
(E)(2) of this section.	101623

(F) The calculation of a qualifying nursing facility's bonus	101624
payment is not subject to appeal under Chapter 119. of the Revised	101625
Code.	101626

~~(G) The director of job and family services may adopt rules~~	101627
~~under section 5111.02 of the Revised Code as necessary to~~	101628
~~implement this section.~~	101629

~~Sec. 5111.257.~~ Sec. 5165.28. If a provider of a nursing facility	101630
adds or replaces one or more medicaid certified beds to or at the	101631
nursing facility, or renovates one or more of the nursing	101632
facility's beds, the medicaid payment rate for the added,	101633
replaced, or renovated beds shall be the same as the medicaid	101634
payment rate for the nursing facility's existing beds.	101635

~~Sec. 5111.265.~~ Sec. 5165.29. If one or more medicaid-certified	101636
beds are relocated from one nursing facility to another nursing	101637
facility owned by a different person or government entity and the	101638
application for the certificate of need authorizing the relocation	101639
is filed with the director of health on or after ~~the effective~~	101640
~~date of this section~~July 1, 2005, amortization of the cost of	101641
acquiring operating rights for the relocated beds is not an	101642
allowable cost for the purpose of determining the nursing	101643
facility's medicaid ~~reimbursement~~payment rate.	101644

~~Sec. 5111.264.~~ Sec. 5165.30. Except as provided in section ~~5111.25~~	101645
~~or 5111.251~~5165.17 of the Revised Code, the costs of goods,	101646
services, and facilities, furnished to a nursing facility provider	101647
by a related party are includable in the allowable costs of the	101648
provider at the reasonable cost to the related party.	101649

Sec. 5165.32. The department of medicaid shall not reduce a	101650
nursing facility's medicaid payment rate determined under this	101651
chapter on the basis that the provider charges a lower rate to any	101652
resident who is not eligible for medicaid.	101653

Sec. 5165.33. No medicaid payment shall be made to a nursing	101654
facility provider for the day a medicaid recipient is discharged	101655
from the nursing facility.	101656

~~Sec. 5111.331.~~ Sec. 5165.34. (A) The department of ~~job and family~~	101657
~~services~~medicaid may make medicaid payments to a nursing	101658
facility provider ~~of a nursing facility~~ under ~~sections 5111.20 to~~	101659
~~5111.331 of the Revised Code~~this chapter to reserve a bed for a	101660
recipient during a temporary absence under conditions prescribed	101661
by the department, to include hospitalization for an acute	101662
condition, visits with relatives and friends, and participation in	101663
therapeutic programs outside the facility, when the resident's	101664
plan of care provides for such absence and federal financial	101665
participation infor the payments is available.	101666

(B) The maximum period for which payments may be made to	101667
reserve a bed in a nursing facility shall not exceed thirty days	101668
in a calendar year.	101669

(C) The department shall establish the per ~~diem~~medicaid day	101670
payment rates ~~to be paid to providers of nursing facilities~~ for	101671
reserving beds under this section. In establishing the per ~~diem~~	101672
medicaid day payment rates, the department shall ~~do the following:~~	101673

~~(1) In the case of a payment to reserve a bed for a day~~	101674
~~during calendar year 2011, set the per diem rate at an amount not~~	101675
~~exceeding fifty per cent of the per diem rate the provider would~~	101676
~~be paid if the recipient were not absent from the nursing facility~~	101677
~~that day;~~	101678

~~(2) In the case of a payment to reserve a bed for a day~~	101679
~~during calendar year 2012 and each calendar year thereafter,~~ set	101680
the per ~~diem~~medicaid day payment rate at an amount equal to the	101681
following:	101682

~~(a)~~(1) In the case of a nursing facility that had an	101683
occupancy rate ~~in the preceding calendar year~~ exceeding	101684
ninety-five per cent, an amount not exceeding fifty per cent of	101685
the per ~~diem~~medicaid day payment rate the provider would be paid	101686
if the recipient were not absent from the nursing facility that	101687
day;	101688

~~(b)~~(2) In the case of a nursing facility that had an	101689
occupancy rate ~~in the preceding calendar year~~ not exceeding	101690
ninety-five per cent, an amount not exceeding eighteen per cent of	101691
the per ~~diem~~medicaid day payment rate the provider would be paid	101692
if the recipient were not absent from the nursing facility that	101693
day.	101694

(D) For the purpose of setting a nursing facility's per	101695
medicaid day payment rate to reserve a bed for a day during the	101696
period beginning on the effective date of this amendment and	101697
ending December 31, 2013, the department shall determine the	101698
nursing facility's occupancy rate by using information reported on	101699
the nursing facility's cost report for calendar year 2012. For the	101700
purpose of setting a nursing facility's per medicaid day payment	101701
rate to reserve a bed for January 1, 2014, or thereafter, the	101702
department shall determine the nursing facility's occupancy rate	101703
by using information reported on the nursing facility's cost	101704
report for the calendar year preceding the fiscal year in which	101705
the reservation falls.	101706

~~Sec. 5111.212.~~ Sec. 5165.35. ~~As used in this section, "effective~~	101707
~~date of an involuntary termination" and "involuntary termination"~~	101708
~~have the same meanings as in section 5111.65 of the Revised Code.~~	101709

Medicaid payments may be made for nursing facility services	101710
~~and intermediate care facility for the mentally retarded services~~	101711
provided not later than thirty days after the effective date of an	101712
involuntary termination of the nursing facility that provides the	101713
services if the services are provided to a medicaid recipient who	101714
is eligible for the services and resided in the nursing facility	101715
before the effective date of the involuntary termination.	101716

~~Sec. 5111.221.~~ Sec. 5165.37. The department of ~~job and family~~	101717
~~services~~medicaid shall make its best efforts each year to	101718
calculate nursing facilities' medicaid payment rates under	101719
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter in	101720
time to ~~use them to make~~pay the ~~payments due to providers~~rates	101721
by the fifteenth day of August of each fiscal year. If the	101722
department is unable to calculate the rates so that they can be	101723
paid by that date, the department shall pay each provider the rate	101724
calculated for the provider's nursing facilities ~~and intermediate~~	101725
~~care facilities for the mentally retarded~~ under ~~those sections~~	101726
this chapter at the end of the previous fiscal year. If the	101727
department also is unable to calculate the rates to ~~make the~~	101728
~~payments due~~pay the rates by the fifteenth day of September and	101729
the fifteenth day of October, the department shall pay the	101730
previous fiscal year's rate to make those payments. The department	101731
may increase by five per cent the previous fiscal year's rate paid	101732
for any nursing facility pursuant to this section at the request	101733
of the provider. The department shall use rates calculated for the	101734
current fiscal year to make the payments due by the fifteenth day	101735
of November.	101736

If the rate paid to a provider for a nursing facility	101737
pursuant to this section is lower than the rate calculated for the	101738
nursing facility for the current fiscal year, the department shall	101739
pay the provider the difference between the two rates for the	101740
number of days for which the provider was paid for the nursing	101741
facility pursuant to this section. If the rate paid for a nursing	101742
facility pursuant to this section is higher than the rate	101743
calculated for it for the current fiscal year, the provider shall	101744
refund to the department the difference between the two rates for	101745
the number of days for which the provider was paid for the nursing	101746
facility pursuant to this section.	101747

~~Sec. 5111.29.~~ Sec. 5165.38. ~~(A)~~ The medicaid director ~~of job and~~	101748
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	101749
the Revised Code that establish a process under which a nursing	101750
facility provider, or a group or association of nursing facility	101751
providers, may seek reconsideration of medicaid payment rates	101752
established under ~~sections 5111.20 to 5111.331 of the Revised~~	101753
~~Code~~this chapter, including a rate for direct care costs	101754
recalculated before the effective date of the rate as a result of	101755
an exception review of resident assessment ~~information~~data	101756
conducted under section ~~5111.27~~5165.193 of the Revised Code. The	101757

~~(1) Except as provided in divisions (A)(2) to (4) of this~~	101758
~~section, the~~ only issue that a provider, group, or association may	101759
raise in the rate reconsideration shall be whether the rate was	101760
calculated in accordance with ~~sections 5111.20 to 5111.331 of the~~	101761
~~Revised Code~~this chapter and the rules adopted under section	101762
~~5111.02~~5165.02 of the Revised Code. The ~~rules shall permit a~~	101763
provider, group, or association tomay submit written arguments or	101764
other materials that support its position. The ~~rules shall specify~~	101765
provider, group, or association and department of medicaid shall	101766
take actions regarding the rate reconsideration within time frames	101767
~~within which the provider, group, or association and the~~	101768
~~department must act~~specified in rules authorized by this section.	101769
If	101770

If the department determines, as a result of the rate	101771
reconsideration, that the rate ~~established~~determined for one or	101772
more nursing facilities ~~of a provider~~ is less than the rate to	101773
which the nursing facility is entitled, the department shall	101774
increase the rate. If the department has paid the incorrect rate	101775
for a period of time, the department shall pay the provider the	101776
difference between the amount the provider was paid for that	101777
period for the nursing facility and the amount the provider should	101778
have been paid for the nursing facility.	101779

~~(2) The rules shall provide that during a fiscal year, the~~	101780
~~department, by means of the rate reconsideration process, may~~	101781
~~increase the rate determined for an intermediate care facility for~~	101782
~~the mentally retarded as calculated under sections 5111.20 to~~	101783
~~5111.331 of the Revised Code if the provider of the facility~~	101784
~~demonstrates that the facility's actual, allowable costs have~~	101785
~~increased because of extreme circumstances. A facility may qualify~~	101786
~~for a rate increase only if the facility's per diem, actual,~~	101787
~~allowable costs have increased to a level that exceeds its total~~	101788
~~rate. The rules shall specify the circumstances that would justify~~	101789
~~a rate increase under division (A)(2) of this section. The rules~~	101790
~~shall provide that the extreme circumstances include natural~~	101791
~~disasters, renovations approved under division (D) of section~~	101792
~~5111.251 of the Revised Code, an increase in workers' compensation~~	101793
~~experience rating of greater than five per cent for a facility~~	101794
~~that has an appropriate claims management program, increased~~	101795
~~security costs for an inner-city facility, and a change of~~	101796
~~ownership that results from bankruptcy, foreclosure, or findings~~	101797
~~of violations of certification requirements by the department of~~	101798
~~health. An increase under division (A)(2) of this section is~~	101799
~~subject to any rate limitations or maximum rates established by~~	101800
~~sections 5111.20 to 5111.331 of the Revised Code for specific cost~~	101801
~~centers. Any rate increase granted under division (A)(2) of this~~	101802
~~section shall take effect on the first day of the first month~~	101803
~~after the department receives the request.~~	101804

~~(3) The rules shall provide that the department, through the~~	101805
~~rate reconsideration process, may increase an intermediate care~~	101806
~~facility for the mentally retarded's rate as calculated under~~	101807
~~sections 5111.20 to 5111.331 of the Revised Code if the~~	101808
~~department, in the department's sole discretion, determines that~~	101809
~~the rate as calculated under those sections works an extreme~~	101810
~~hardship on the facility.~~	101811

~~(4) The rules shall provide that when beds certified for the~~	101812
~~medicaid program are added to an existing intermediate care~~	101813
~~facility for the mentally retarded or replaced at the same site,~~	101814
~~the department, through the rate reconsideration process, shall~~	101815
~~increase the intermediate care facility for the mentally~~	101816
~~retarded's rate for capital costs proportionately, as limited by~~	101817
~~any applicable limitation under section 5111.251 of the Revised~~	101818
~~Code, to account for the costs of the beds that are added or~~	101819
~~replaced. The department shall make this increase one month after~~	101820
~~the first day of the month after the department receives~~	101821
~~sufficient documentation of the costs. Any rate increase granted~~	101822
~~under division (A)(4) of this section after June 30, 1993, shall~~	101823
~~remain in effect until the effective date of a rate calculated~~	101824
~~under section 5111.251 of the Revised Code that includes costs~~	101825
~~incurred for a full calendar year for the bed addition or bed~~	101826
~~replacement. The facility shall report double accumulated~~	101827
~~depreciation in an amount equal to the depreciation included in~~	101828
~~the rate adjustment on its cost report for the first year of~~	101829
~~operation. During the term of any loan used to finance a project~~	101830
~~for which a rate adjustment is granted under division (A)(4) of~~	101831
~~this section, if the facility is operated by the same provider,~~	101832
~~the provider shall subtract from the interest costs it reports on~~	101833
~~its cost report an amount equal to the difference between the~~	101834
~~following:~~	101835

~~(a) The actual, allowable interest costs for the loan during~~	101836
~~the calendar year for which the costs are being reported;~~	101837

~~(b) The actual, allowable interest costs attributable to the~~	101838
~~loan that were used to calculate the rates paid to the provider~~	101839
~~for the facility during the same calendar year.~~	101840

~~(5) The department's decision at the conclusion of the~~	101841
~~reconsideration process shall not be subject to any administrative~~	101842
~~proceedings under Chapter 119. or any other provision of the~~	101843
~~Revised Code.~~	101844

~~(B) All of the following are subject to an adjudication~~	101845
~~conducted in accordance with Chapter 119. of the Revised Code:~~	101846

~~(1) Any audit disallowance that the department makes as the~~	101847
~~result of an audit under section 5111.27 of the Revised Code;~~	101848

~~(2) Any adverse finding that results from an exception review~~	101849
~~of resident assessment information conducted under section 5111.27~~	101850
~~of the Revised Code after the effective date of the facility's~~	101851
~~rate that is based on the assessment information;~~	101852

~~(3) Any medicaid payment deemed an overpayment under section~~	101853
~~5111.683 of the Revised Code;~~	101854

~~(4) Any penalty the department imposes under division (C) of~~	101855
~~section 5111.28 of the Revised Code or section 5111.683 of the~~	101856
~~Revised Code.~~	101857

~~Sec. 5111.28.~~ Sec. 5165.40. ~~(A)~~ If a nursing facility provider	101858
properly amends ~~its~~a cost report for the nursing facility under	101859
section ~~5111.261~~5165.107 of the Revised Code and the amended	101860
report shows that the provider received a lower medicaid payment	101861
rate under the original cost report than itthe provider was	101862
entitled to receive, the department of ~~job and family services~~	101863
medicaid shall adjust the provider's rate for the nursing facility	101864
prospectively to reflect the corrected information. The department	101865
shall pay the adjusted rate beginning two months after the first	101866
day of the month after the provider files the amended cost report.	101867
If	101868

If the department finds, from an exception review of resident	101869
assessment ~~information~~data conducted pursuant to section 5165.193	101870
of the Revised Code after the effective date of ~~the~~a nursing	101871
facility's rate for direct care costs that is based on the	101872
resident assessment ~~information~~data, that inaccurate resident	101873
assessment ~~information~~data resulted in the provider receiving a	101874
lower rate for the nursing facility than it was entitled to	101875
receive, the department prospectively shall adjust the provider's	101876
rate accordingly ~~and~~. The department shall make payments to the	101877
provider using the adjusted rate for the remainder of the ~~calendar~~	101878
~~quarter~~six-month period for which the resident assessment	101879
~~information~~data is used to determine the rate, beginning one	101880
month after the first day of the month after the exception review	101881
is completed.	101882

~~(B) If the provider properly amends its cost report under~~	101883
~~section 5111.261 of the Revised Code, the department makes a~~	101884
~~finding based on an audit under section 5111.27 of the Revised~~	101885
~~Code, or the~~ ~~department~~ makes a finding based on an exception	101886
review of resident assessment information conducted under section	101887
5111.27 of the Revised Code after the effective date of the rate	101888
for direct care costs that is based on the assessment information,	101889
any of which results in a determination that the provider has	101890
received a higher rate than it was entitled to receive, the	101891
~~department~~ shall recalculate the provider's rate using the revised	101892
information. The ~~department~~ shall apply the recalculated rate to	101893
the periods when the provider received the incorrect rate to	101894
determine the amount of the overpayment. The provider shall refund	101895
the amount of the overpayment.	101896

~~In addition to requiring a refund under this division, the~~	101897
~~department may charge the provider interest at the applicable rate~~	101898
~~specified in this division from the time the overpayment was made.~~	101899

~~(1) If the overpayment resulted from costs reported for~~	101900
~~calendar year 1993, the interest shall be no greater than one and~~	101901
~~one-half times the average bank prime rate.~~	101902

~~(2) If the overpayment resulted from costs reported for~~	101903
~~subsequent calendar years:~~	101904

~~(a) The interest shall be no greater than two times the~~	101905
~~average bank prime rate if the overpayment was equal to or less~~	101906
~~than one per cent of the total medicaid payments to the provider~~	101907
~~for the fiscal year for which the incorrect information was used~~	101908
~~to establish a rate.~~	101909

~~(b) The interest shall be no greater than two and one-half~~	101910
~~times the current average bank prime rate if the overpayment was~~	101911
~~greater than one per cent of the total medicaid payments to the~~	101912
~~provider for the fiscal year for which the incorrect information~~	101913
~~was used to establish a rate.~~	101914

~~(C) The department also may impose the following penalties:~~

101915

~~(1) If a provider does not furnish invoices or other~~	101916
~~documentation that the department requests during an audit within~~	101917
~~sixty days after the request, no more than the greater of one~~	101918
~~thousand dollars per audit or twenty-five per cent of the~~	101919
~~cumulative amount by which the costs for which documentation was~~	101920
~~not furnished increased the total medicaid payments to the~~	101921
~~provider during the fiscal year for which the costs were used to~~	101922
~~establish a rate;~~	101923

~~(2) If an exiting operator or owner fails to provide notice~~	101924
~~of a facility closure, voluntary termination, or voluntary~~	101925
~~withdrawal of participation in the medicaid program as required by~~	101926
~~section 5111.66 of the Revised Code, or an exiting operator or~~	101927
~~owner and entering operator fail to provide notice of a change of~~	101928
~~operator as required by section 5111.67 of the Revised Code, no~~	101929
~~more than the current average bank prime rate plus four per cent~~	101930
~~of the last two monthly payments.~~	101931

~~(D) If the provider continues to participate in the medicaid~~	101932
~~program, the department shall deduct any amount that the provider~~	101933
~~is required to refund under this section, and the amount of any~~	101934
~~interest charged or penalty imposed under this section, from the~~	101935
~~next available payment from the~~ ~~department~~ to the provider. The	101936
~~department~~ and the provider may enter into an agreement under	101937
which the amount, together with interest, is deducted in	101938
installments from payments from the ~~department~~ to the provider.	101939

~~(E) The department shall transmit refunds and penalties to~~	101940
~~the treasurer of state for deposit in the general revenue fund.~~	101941

~~(F) For the purpose of this section, the department shall~~	101942
~~determine the average bank prime rate using statistical release~~	101943
~~H.15, "selected interest rates," a weekly publication of the~~	101944
~~federal reserve board, or any successor publication. If~~	101945
~~statistical release H.15, or its successor, ceases to contain the~~	101946
~~bank prime rate information or ceases to be published, the~~	101947
~~department~~ shall request a written statement of the average bank	101948
prime rate from the federal reserve bank of Cleveland or the	101949
federal reserve board.	101950

Sec. 5165.41. (A) The department of medicaid shall	101951
redetermine a provider's medicaid payment rate for a nursing	101952
facility using revised information if any of the following results	101953
in a determination that the provider received a higher medicaid	101954
payment rate for the nursing facility than the provider was	101955
entitled to receive:	101956

(1) The provider properly amends a cost report for the	101957
nursing facility under section 5165.107 of the Revised Code;	101958

(2) The department makes a finding based on an audit under	101959
section 5165.109 of the Revised Code;	101960

(3) The department makes a finding based on an exception	101961
review of resident assessment data conducted under section	101962
5165.193 of the Revised Code after the effective date of the	101963
nursing facility's rate for direct care costs that is based on the	101964
resident assessment data;	101965

(4) The department makes a finding based on a post-payment	101966
review conducted under section 5165.49 of the Revised Code.	101967

(B) The department shall apply the redetermined rate to the	101968
periods when the provider received the incorrect rate to determine	101969
the amount of the overpayment. The provider shall refund the	101970
amount of the overpayment. The department may charge the provider	101971
the following amount of interest from the time the overpayment was	101972
made:	101973

(1) If the overpayment resulted from costs reported for	101974
calendar year 1993, the interest shall be no greater than one and	101975
one-half times the current average bank prime rate.	101976

(2) If the overpayment resulted from costs reported for a	101977
subsequent calendar year:	101978

(a) The interest shall be no greater than two times the	101979
current average bank prime rate if the overpayment was no more	101980
than one per cent of the total medicaid payments to the provider	101981
for the fiscal year for which the overpayment was made.	101982

(b) The interest shall be no greater than two and one-half	101983
times the current average bank prime rate if the overpayment was	101984
more than one per cent of the total medicaid payments to the	101985
provider for the fiscal year for which the overpayment was made.	101986

Sec. 5165.42. In addition to the other penalties authorized	101987
by this chapter, the department of medicaid may impose the	101988
following penalties on a nursing facility provider:	101989

(A) If the provider does not furnish invoices or other	101990
documentation that the department requests during an audit within	101991
sixty days after the request, a fine of no more than the greater	101992
of the following:	101993

(1) One thousand dollars per audit;

101994

(2) Twenty-five per cent of the cumulative amount by which	101995
the costs for which documentation was not furnished increased the	101996
total medicaid payments to the provider during the fiscal year for	101997
which the costs were used to determine a rate.	101998

(B) If an exiting operator or owner fails to provide notice	101999
of a facility closure or voluntary withdrawal of participation in	102000
the medicaid program as required by section 5165.50 of the Revised	102001
Code, or an exiting operator or owner and entering operator fail	102002
to provide notice of a change of operator as required by section	102003
5165.51 of the Revised Code, a fine of not more than the current	102004
average bank prime rate plus four per cent of the last two monthly	102005
payments.	102006

Sec. 5165.43. For the purposes of sections 5165.41 and	102007
5165.42 of the Revised Code, the department of medicaid shall	102008
determine the current average bank prime rate using statistical	102009
release H.15, "selected interest rates," a weekly publication of	102010
the federal reserve board, or any successor publication. If	102011
statistical release H.15, or its successor, ceases to contain the	102012
bank prime rate information or ceases to be published, the	102013
department shall request a written statement of the average bank	102014
prime rate from the federal reserve bank of Cleveland or the	102015
federal reserve board.	102016

Sec. 5165.44. (A) Except as provided in division (B) of this	102017
section, the department of medicaid shall deduct the following	102018
from the next available medicaid payment the department makes to a	102019
nursing facility provider who continues to participate in	102020
medicaid:	102021

(1) Any amount the provider is required to refund, and any	102022
interest charged, under section 5165.41 of the Revised Code;	102023

(2) The amount of any penalty imposed on the provider under	102024
section 5165.42 of the Revised Code.	102025

(B) The department and a nursing facility provider may enter	102026
into an agreement under which a deduction required by division (A)	102027
of this section is taken in installments from payments the	102028
department makes to the provider.	102029

Sec. 5165.45. The department of medicaid shall transmit to	102030
the treasurer of state for deposit in the general revenue fund	102031
amounts collected from the following:	102032

(A) Refunds required by, and interest charged under, section	102033
5165.41 of the Revised Code;	102034

(B) Amounts collected from penalties imposed under section	102035
5165.42 of the Revised Code.	102036

Sec. 5165.46. All of the following are subject to an	102037
adjudication conducted in accordance with Chapter 119. of the	102038
Revised Code:	102039

(A) Any audit disallowance that the department of medicaid	102040
makes as the result of an audit under section 5165.109 of the	102041
Revised Code;	102042

(B) Any adverse finding that results from an exception review	102043
of resident assessment data conducted for a nursing facility under	102044
section 5165.193 of the Revised Code after the effective date of	102045
the nursing facility's medicaid payment rate for direct care costs	102046
that is based on the resident assessment data;	102047

(C) Any medicaid payment deemed an overpayment under section	102048
5165.523 of the Revised Code;	102049

(D) Any penalty the department imposes under section 5165.42	102050
of the Revised Code or section 5165.523 of the Revised Code.	102051

~~Sec. 5111.262.~~ Sec. 5165.47. No person, other than ~~the~~a nursing	102052
facility provider ~~of a nursing facility~~, shall submit a claim for	102053
medicaid ~~reimbursement~~payment for a service provided to a	102054
nursing facility resident if the service is included in a medicaid	102055
payment made to the nursing facility provider ~~of a nursing~~	102056
~~facility~~ under ~~sections 5111.20 to 5111.33 of the Revised Code~~	102057
this chapter or in the ~~reimbursable~~allowable expenses reported	102058
on a provider's cost report for a nursing facility. No nursing	102059
facility provider ~~of a nursing facility~~ shall submit a separate	102060
claim for medicaid ~~reimbursement~~payment for a service provided	102061
to a resident of the nursing facility if the service is included	102062
in a medicaid payment made to the provider under ~~sections 5111.20~~	102063
~~to 5111.331 of the Revised Code~~this chapter or in the	102064
~~reimbursable~~allowable expenses on the provider's cost report for	102065
the nursing facility.	102066

~~Sec. 5111.0211.~~ Sec. 5165.48. ~~As used in this section, "nursing~~	102067
~~facility" and "provider" have the same meanings as in section~~	102068
~~5111.20 of the Revised Code.~~	102069

The provider of a nursing facility is not required to submit	102070
a claim to the department of ~~job and family services~~medicaid	102071
regarding the medicare cost-sharing expenses of a resident of the	102072
nursing facility who, under federal law, is eligible to have the	102073
medicaid program pay for a part of the cost-sharing expenses if	102074
the provider determines that, under rules adopted under section	102075
~~5111.02~~5165.02 of the Revised Code, the nursing facility would	102076
not receive a medicaid payment for any part of the medicare	102077
cost-sharing expenses. In such a situation, a claim for the	102078
medicare cost-sharing expenses shall be considered to have been	102079
adjudicated at no payment.	102080

Sec. 5165.49. The department of medicaid may conduct a	102081
post-payment review of a claim submitted by a nursing facility	102082
provider and paid by the medicaid program to determine whether the	102083
provider was overpaid. The department shall provide the provider a	102084
written summary of the review's results. The review's results are	102085
not subject to an adjudication under Chapter 119. of the Revised	102086
Code; however, the provider may request that the medicaid director	102087
reconsider the review's results. The director shall reconsider the	102088
review's results on receipt of a request made in good faith. The	102089
department shall not deduct any amounts the department claims to	102090
be due from the provider as a result of the review from the	102091
provider's medicaid payments pursuant to section 5165.44 of the	102092
Revised Code until the conclusion of the director's	102093
reconsideration, if any, of the review.	102094

~~Sec. 5111.66.~~ Sec. 5165.50. An exiting operator or owner of a	102095
nursing facility ~~or intermediate care facility for the mentally~~	102096
~~retarded~~ participating in the medicaid program shall provide the	102097
department of ~~job and family services~~medicaid written notice of a	102098
facility closure~~, voluntary termination,~~ or voluntary withdrawal	102099
of participation not less than ninety days before the effective	102100
date of the facility closure~~, voluntary termination,~~ or voluntary	102101
withdrawal of participation. The written notice shall be provided	102102
to the department in accordance with the method specified in rules	102103
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	102104
Revised Code.	102105

The written notice shall include all of the following:

102106

(A) The name of the exiting operator and, if any, the exiting	102107
operator's authorized agent;	102108

(B) The name of the nursing facility ~~or intermediate care~~	102109
~~facility for the mentally retarded~~ that is the subject of the	102110
written notice;	102111

(C) The exiting operator's medicaid provider agreement number	102112
for the nursing facility that is the subject of the written	102113
notice;	102114

(D) The effective date of the facility closure~~, voluntary~~	102115
~~termination,~~ or voluntary withdrawal of participation;	102116

(E) The signature of the exiting operator's or owner's	102117
representative.	102118

~~Sec. 5111.661.~~ Sec. 5165.501. An operator shall comply with ~~section~~	102119
~~1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286 (1965)~~	102120
section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F) if the operator's	102121
nursing facility undergoes a voluntary withdrawal of	102122
participation.	102123

~~Sec. 5111.67.~~ Sec. 5165.51. (A) An exiting operator or owner and	102124
entering operator shall provide the department of ~~job and family~~	102125
~~services~~medicaid written notice of a change of operator if the	102126
nursing facility ~~or intermediate care facility for the mentally~~	102127
~~retarded~~ participates in the medicaid program and the entering	102128
operator seeks to continue the nursing facility's participation.	102129
The written notice shall be provided to the department in	102130
accordance with the method specified in rules ~~adopted under~~	102131
authorized by section ~~5111.689~~5165.53 of the Revised Code. The	102132
written notice shall be provided to the department not later than	102133
forty-five days before the effective date of the change of	102134
operator if the change of operator does not entail the relocation	102135
of residents. The written notice shall be provided to the	102136
department not later than ninety days before the effective date of	102137
the change of operator if the change of operator entails the	102138
relocation of residents.	102139

The written notice shall include all of the following:

102140

(1) The name of the exiting operator and, if any, the exiting	102141
operator's authorized agent;	102142

(2) The name of the nursing facility ~~or intermediate care~~	102143
~~facility for the mentally retarded~~ that is the subject of the	102144
change of operator;	102145

(3) The exiting operator's seven-digit medicaid legacy number	102146
and ten-digit national provider identifier number for the nursing	102147
facility that is the subject of the change of operator;	102148

(4) The name of the entering operator;

102149

(5) The effective date of the change of operator;

102150

(6) The manner in which the entering operator becomes the	102151
nursing facility's operator, including through sale, lease,	102152
merger, or other action;	102153

(7) If the manner in which the entering operator becomes the	102154
nursing facility's operator involves more than one step, a	102155
description of each step;	102156

(8) Written authorization from the exiting operator or owner	102157
and entering operator for the department to process a provider	102158
agreement for the entering operator;	102159

(9) The names and addresses of the persons to whom the	102160
department should send initial correspondence regarding the change	102161
of operator;	102162

(10) If the nursing facility also participates in the	102163
medicare program, notification of whether the entering operator	102164
intends to accept assignment of the exiting operator's medicare	102165
provider agreement;	102166

(11) The signature of the exiting operator's or owner's	102167
representative.	102168

(B) An exiting operator or owner and entering operator	102169
immediately shall provide the department written notice of any	102170
changes to information included in a written notice of a change of	102171
operator that occur after that notice is provided to the	102172
department. The notice of the changes shall be provided to the	102173
department in accordance with the method specified in rules	102174
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	102175
Revised Code.	102176

~~Sec. 5111.671.~~ Sec. 5165.511. The department of ~~job and family~~	102177
~~services~~medicaid may enter into a provider agreement with an	102178
entering operator that goes into effect at 12:01 a.m. on the	102179
effective date of the change of operator if all of the following	102180
requirements are met:	102181

(A) The department receives a properly completed written	102182
notice required by section ~~5111.67~~5165.51 of the Revised Code on	102183
or before the date required by that section.	102184

(B) The department receives both of the following in	102185
accordance with the method specified in rules ~~adopted under~~	102186
authorized by section ~~5111.689~~5165.53 of the Revised Code and not	102187
later than ten days after the effective date of the change of	102188
operator:	102189

(1) From the entering operator, a completed application for a	102190
provider agreement and all other forms and documents specified in	102191
rules ~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	102192
Revised Code;	102193

(2) From the exiting operator or owner, all forms and	102194
documents specified in rules ~~adopted under~~authorized by section	102195
~~5111.689~~5165.53 of the Revised Code.	102196

(C) The entering operator is eligible for medicaid payments	102197
as provided in section ~~5111.21~~5165.06 of the Revised Code.	102198

~~Sec. 5111.672.~~ Sec. 5165.512. (A) The department of ~~job and family~~	102199
~~services~~medicaid may enter into a provider agreement with an	102200
entering operator that goes into effect at 12:01 a.m. on the date	102201
determined under division (B) of this section if all of the	102202
following are the case:	102203

(1) The department receives a properly completed written	102204
notice required by section ~~5111.67~~5165.51 of the Revised Code.	102205

(2) The department receives, from the entering operator and	102206
in accordance with the method specified in rules ~~adopted under~~	102207
authorized by section ~~5111.689~~5165.53 of the Revised Code, a	102208
completed application for a provider agreement and all other forms	102209
and documents specified in rules adopted under that section.	102210

(3) The department receives, from the exiting operator or	102211
owner and in accordance with the method specified in rules ~~adopted~~	102212
~~under~~authorized by section ~~5111.689~~5165.53 of the Revised Code,	102213
all forms and documents specified in rules adopted under that	102214
section.	102215

(4) One or more of the following apply:

102216

(a) The requirement of division (A)(1) of this section is met	102217
after the time required by section ~~5111.67~~5165.51 of the Revised	102218
Code;	102219

(b) The requirement of division (A)(2) of this section is met	102220
more than ten days after the effective date of the change of	102221
operator;	102222

(c) The requirement of division (A)(3) of this section is met	102223
more than ten days after the effective date of the change of	102224
operator.	102225

(5) The entering operator is eligible for medicaid payments	102226
as provided in section ~~5111.21~~5165.06 of the Revised Code.	102227

(B) The department shall determine the date a provider	102228
agreement entered into under this section is to go into effect as	102229
follows:	102230

(1) The effective date shall give the department sufficient	102231
time to process the change of operator, assure no duplicate	102232
payments are made, and make the withholding required by section	102233
~~5111.681~~5165.521 of the Revised Code.	102234

(2) The effective date shall be not earlier than the latest	102235
of the following:	102236

(a) The effective date of the change of operator;

102237

(b) The date that the entering operator complies with section	102238
~~5111.67~~5165.51 of the Revised Code and division (A)(2) of this	102239
section;	102240

(c) The date that the exiting operator or owner complies with	102241
section ~~5111.67~~5165.51 of the Revised Code and division (A)(3) of	102242
this section.	102243

(3) The effective date shall be not later than the following	102244
after the later of the dates specified in division (B)(2) of this	102245
section:	102246

(a) Forty-five days if the change of operator does not entail	102247
the relocation of residents;	102248

(b) Ninety days if the change of operator entails the	102249
relocation of residents.	102250

~~Sec. 5111.673.~~ Sec. 5165.513. A provider that enters into a	102251
provider agreement with the department of ~~job and family services~~	102252
medicaid under section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of	102253
the Revised Code shall do all of the following:	102254

(A) Comply with all applicable federal statutes and	102255
regulations;	102256

(B) Comply with section ~~5111.22~~5165.07 of the Revised Code	102257
and all other applicable state statutes and rules;	102258

(C) Comply with all the terms and conditions of the exiting	102259
operator's provider agreement, including, but not limited to, all	102260
of the following:	102261

(1) Any plan of correction;

102262

(2) Compliance with health and safety standards;

102263

(3) Compliance with the ownership and financial interest	102264
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	102265

(4) Compliance with the civil rights requirements of 45	102266
C.F.R. parts 80, 84, and 90;	102267

(5) Compliance with additional requirements imposed by the	102268
department;	102269

(6) Any sanctions relating to remedies for violation of the	102270
provider agreement, including deficiencies, compliance periods,	102271
accountability periods, monetary penalties, notification for	102272
correction of contract violations, and history of deficiencies.	102273

~~Sec. 5111.674.~~ Sec. 5165.514. In the case of a change of operator,	102274
the exiting operator shall be considered to be the operator of the	102275
nursing facility ~~or intermediate care facility for the mentally~~	102276
~~retarded~~ for purposes of the medicaid program, including medicaid	102277
payments, until the effective date of the entering operator's	102278
provider agreement if the provider agreement is entered into under	102279
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	102280
Code.	102281

~~Sec. 5111.675.~~ Sec. 5165.515. The department of ~~job and family~~	102282
~~services~~medicaid may enter into a provider agreement as provided	102283
in section ~~5111.22~~5165.07 of the Revised Code, rather than	102284
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	102285
Code, with an entering operator if the entering operator does not	102286
agree to a provider agreement that satisfies the requirements of	102287
division (C) of section ~~5111.673~~5165.513 of the Revised Code. The	102288
department may not enter into the provider agreement unless the	102289
department of health certifies the nursing facility or	102290
~~intermediate care facility for the mentally retarded under Title~~	102291
~~XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	102292
~~1396, as amended~~for participation in medicaid. The effective date	102293
of the provider agreement shall not precede any of the following:	102294

(A) The date that the department of health certifies the	102295
nursing facility;	102296

(B) The effective date of the change of operator;

102297

(C) The date the requirement of section ~~5111.67~~5165.51 of	102298
the Revised Code is satisfied.	102299

~~Sec. 5111.676.~~ Sec. 5165.516. The medicaid director ~~of job and~~	102300
~~family services~~ may adopt rules ~~in accordance with Chapter 119.~~	102301
under section 5165.02 of the Revised Code governing adjustments	102302
to the medicaid ~~reimbursement~~payment rate for a nursing facility	102303
~~or intermediate care facility for the mentally retarded~~ that	102304
undergoes a change of operator. No rate adjustment resulting from	102305
a change of operator shall be effective before the effective date	102306
of the entering operator's provider agreement. This is the case	102307
regardless of whether the provider agreement is entered into under	102308
section ~~5111.671~~5165.511, section ~~5111.672~~5165.512, or, pursuant	102309
to section ~~5111.675~~5165.515, section ~~5111.22~~5165.07 of the	102310
Revised Code.	102311

~~Sec. 5111.677.~~ Sec. 5165.517. ~~Neither of the following~~The	102312
department of health's determination that a change of operator has	102313
or has not occurred for purposes of licensure under Chapter 3721.	102314
of the Revised Code shall not affect the department of ~~job and~~	102315
~~family services'~~medicaid's determination of whether or when a	102316
change of operator occurs or the effective date of an entering	102317
operator's provider agreement under section ~~5111.671~~5165.511,	102318
section ~~5111.672~~5165.512, or, pursuant to section ~~5111.675~~	102319
5165.515, section ~~5111.22~~5165.07 of the Revised Code:	102320

~~(A) The department of health's determination that a change of~~	102321
~~operator has or has not occurred for purposes of licensure under~~	102322
~~Chapter 3721. of the Revised Code;~~	102323

~~(B) The department of developmental disabilities'~~	102324
~~determination that a change of operator has or has not occurred~~	102325
~~for purposes of licensure under section 5123.19 of the Revised~~	102326
~~Code~~.	102327

~~Sec. 5111.68.~~ Sec. 5165.52. (A) On receipt of a written notice	102328
under section ~~5111.66~~5165.50 of the Revised Code of a facility	102329
closure~~, voluntary termination,~~ or voluntary withdrawal of	102330
participation, on receipt of a written notice under section	102331
~~5111.67~~5165.51 of the Revised Code of a change of operator, or on	102332
the effective date of an involuntary termination, the department	102333
of ~~job and family services~~medicaid shall estimate the amount of	102334
any overpayments made under the medicaid program to the exiting	102335
operator, including overpayments the exiting operator disputes,	102336
and other actual and potential debts the exiting operator owes or	102337
may owe to the department and United States centers for medicare	102338
and medicaid services under the medicaid program, including a	102339
franchise permit fee.	102340

(B) In estimating the exiting operator's other actual and	102341
potential debts to the department and the United States centers	102342
for medicare and medicaid services under the medicaid program, the	102343
department shall use a debt estimation methodology the medicaid	102344
director ~~of job and family services~~ shall establish in rules	102345
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	102346
Revised Code. The methodology shall provide for estimating all of	102347
the following that the department determines are applicable:	102348

(1) Refunds due the department under section ~~5111.27~~5165.41	102349
of the Revised Code;	102350

(2) Interest owed to the department and United States centers	102351
for medicare and medicaid services;	102352

(3) Final civil monetary and other penalties for which all	102353
right of appeal has been exhausted;	102354

(4) Money owed the department and United States centers for	102355
medicare and medicaid services from any outstanding final fiscal	102356
audit, including a final fiscal audit for the last fiscal year or	102357
portion thereof in which the exiting operator participated in the	102358
medicaid program;	102359

(5) Other amounts the department determines are applicable.

102360

(C) The department shall provide the exiting operator written	102361
notice of the department's estimate under division (A) of this	102362
section not later than thirty days after the department receives	102363
the notice under section ~~5111.66~~5165.50 of the Revised Code of	102364
the facility closure~~, voluntary termination,~~ or voluntary	102365
withdrawal of participation; the department receives the notice	102366
under section ~~5111.67~~5165.51 of the Revised Code of the change	102367
of operator; or the effective date of the involuntary termination.	102368
The department's written notice shall include the basis for the	102369
estimate.	102370

~~Sec. 5111.681.~~ Sec. 5165.521. (A) Except as provided in divisions	102371
(B), (C), and (D) of this section, the department of ~~job and~~	102372
~~family services~~medicaid may withhold from payment due an exiting	102373
operator under the medicaid program the total amount specified in	102374
the notice provided under division (C) of section ~~5111.68~~5165.52	102375
of the Revised Code that the exiting operator owes or may owe to	102376
the department and United States centers for medicare and medicaid	102377
services under the medicaid program.	102378

(B) In the case of a change of operator and subject to	102379
division (E) of this section, the following shall apply regarding	102380
a withholding under division (A) of this section if the exiting	102381
operator or entering operator or an affiliated operator executes a	102382
successor liability agreement meeting the requirements of division	102383
(F) of this section:	102384

(1) If the exiting operator, entering operator, or affiliated	102385
operator assumes liability for the total, actual amount of debt	102386
the exiting operator owes the department and the United States	102387
centers for medicare and medicaid services under the medicaid	102388
program as determined under section ~~5111.685~~5165.525 of the	102389
Revised Code, the department shall not make the withholding.	102390

(2) If the exiting operator, entering operator, or affiliated	102391
operator assumes liability for only the portion of the amount	102392
specified in division (B)(1) of this section that represents the	102393
franchise permit fee the exiting operator owes, the department	102394
shall withhold not more than the difference between the total	102395
amount specified in the notice provided under division (C) of	102396
section ~~5111.68~~5165.52 of the Revised Code and the amount for	102397
which the exiting operator, entering operator, or affiliated	102398
operator assumes liability.	102399

(C) In the case of a ~~voluntary termination,~~ voluntary	102400
withdrawal of participation, or facility closure and subject to	102401
division (E) of this section, the following shall apply regarding	102402
a withholding under division (A) of this section if the exiting	102403
operator or an affiliated operator executes a successor liability	102404
agreement meeting the requirements of division (F) of this	102405
section:	102406

(1) If the exiting operator or affiliated operator assumes	102407
liability for the total, actual amount of debt the exiting	102408
operator owes the department and the United States centers for	102409
medicare and medicaid services under the medicaid program as	102410
determined under section ~~5111.685~~5165.525 of the Revised Code,	102411
the department shall not make the withholding.	102412

(2) If the exiting operator or affiliated operator assumes	102413
liability for only the portion of the amount specified in division	102414
(C)(1) of this section that represents the franchise permit fee	102415
the exiting operator owes, the department shall withhold not more	102416
than the difference between the total amount specified in the	102417
notice provided under division (C) of section ~~5111.68~~5165.52 of	102418
the Revised Code and the amount for which the exiting operator or	102419
affiliated operator assumes liability.	102420

(D) In the case of an involuntary termination and subject to	102421
division (E) of this section, the following shall apply regarding	102422
a withholding under division (A) of this section if the exiting	102423
operator, the entering operator, or an affiliated operator	102424
executes a successor liability agreement meeting the requirements	102425
of division (F) of this section and the department approves the	102426
successor liability agreement:	102427

(1) If the exiting operator, entering operator, or affiliated	102428
operator assumes liability for the total, actual amount of debt	102429
the exiting operator owes the department and the United States	102430
centers for medicare and medicaid services under the medicaid	102431
program as determined under section ~~5111.685~~5165.525 of the	102432
Revised Code, the department shall not make the withholding.	102433

(2) If the exiting operator, entering operator, or affiliated	102434
operator assumes liability for only the portion of the amount	102435
specified in division (D)(1) of this section that represents the	102436
franchise permit fee the exiting operator owes, the department	102437
shall withhold not more than the difference between the total	102438
amount specified in the notice provided under division (C) of	102439
section ~~5111.68~~5165.52 of the Revised Code and the amount for	102440
which the exiting operator, entering operator, or affiliated	102441
operator assumes liability.	102442

(E) For an exiting operator or affiliated operator to be	102443
eligible to enter into a successor liability agreement under	102444
division (B), (C), or (D) of this section, both of the following	102445
must apply:	102446

(1) The exiting operator or affiliated operator must have one	102447
or more valid provider agreements, other than the provider	102448
agreement for the nursing facility ~~or intermediate care facility~~	102449
~~for the mentally retarded~~ that is the subject of the involuntary	102450
termination, ~~voluntary termination,~~ voluntary withdrawal of	102451
participation, facility closure, or change of operator;	102452

(2) During the twelve-month period preceding either the	102453
effective date of the involuntary termination or the month in	102454
which the department receives the notice of the ~~voluntary~~	102455
~~termination,~~ voluntary withdrawal of participation, or facility	102456
closure under section ~~5111.66~~5165.50 of the Revised Code or the	102457
notice of the change of operator under section ~~5111.67~~5165.51 of	102458
the Revised Code, the average monthly medicaid payment made to the	102459
exiting operator or affiliated operator pursuant to the exiting	102460
operator's or affiliated operator's one or more provider	102461
agreements, other than the provider agreement for the nursing	102462
facility ~~or intermediate care facility for the mentally retarded~~	102463
that is the subject of the involuntary termination, ~~voluntary~~	102464
~~termination,~~ voluntary withdrawal of participation, facility	102465
closure, or change of operator, must equal at least ninety per	102466
cent of the sum of the following:	102467

(a) The average monthly medicaid payment made to the exiting	102468
operator pursuant to the exiting operator's provider agreement for	102469
the nursing facility ~~or intermediate care facility for the~~	102470
~~mentally retarded~~ that is the subject of the involuntary	102471
termination, ~~voluntary termination,~~ voluntary withdrawal of	102472
participation, facility closure, or change of operator;	102473

(b) Whichever of the following apply:

102474

(i) If the exiting operator or affiliated operator has	102475
assumed liability under one or more other successor liability	102476
agreements, the total amount for which the exiting operator or	102477
affiliated operator has assumed liability under the other	102478
successor liability agreements;	102479

(ii) If the exiting operator or affiliated operator has not	102480
assumed liability under any other successor liability agreements,	102481
zero.	102482

(F) A successor liability agreement executed under this	102483
section must comply with all of the following:	102484

(1) It must provide for the operator who executes the	102485
successor liability agreement to assume liability for either of	102486
the following as specified in the agreement:	102487

(a) The total, actual amount of debt the exiting operator	102488
owes the department and the United States centers for medicare and	102489
medicaid services under the medicaid program as determined under	102490
section ~~5111.685~~5165.525 of the Revised Code;	102491

(b) The portion of the amount specified in division (F)(1)(a)	102492
of this section that represents the franchise permit fee the	102493
exiting operator owes.	102494

(2) It may not require the operator who executes the	102495
successor liability agreement to furnish a surety bond.	102496

(3) It must provide that the department, after determining	102497
under section ~~5111.685~~5165.525 of the Revised Code the actual	102498
amount of debt the exiting operator owes the department and United	102499
States centers for medicare and medicaid services under the	102500
medicaid program, may deduct the lesser of the following from	102501
medicaid payments made to the operator who executes the successor	102502
liability agreement:	102503

(a) The total, actual amount of debt the exiting operator	102504
owes the department and the United States centers for medicare and	102505
medicaid services under the medicaid program as determined under	102506
section ~~5111.685~~5165.525 of the Revised Code;	102507

(b) The amount for which the operator who executes the	102508
successor liability agreement assumes liability under the	102509
agreement.	102510

(4) It must provide that the deductions authorized by	102511
division (F)(3) of this section are to be made for a number of	102512
months, not to exceed six, agreed to by the operator who executes	102513
the successor liability agreement and the department or, if the	102514
operator who executes the successor liability agreement and	102515
department cannot agree on a number of months that is less than	102516
six, a greater number of months determined by the attorney general	102517
pursuant to a claims collection process authorized by statute of	102518
this state.	102519

(5) It must provide that, if the attorney general determines	102520
the number of months for which the deductions authorized by	102521
division (F)(3) of this section are to be made, the operator who	102522
executes the successor liability agreement shall pay, in addition	102523
to the amount collected pursuant to the attorney general's claims	102524
collection process, the part of the amount so collected that, if	102525
not for division (H) of this section, would be required by section	102526
109.081 of the Revised Code to be paid into the attorney general	102527
claims fund.	102528

(G) Execution of a successor liability agreement does not	102529
waive an exiting operator's right to contest the amount specified	102530
in the notice the department provides the exiting operator under	102531
division (C) of section ~~5111.68~~5165.52 of the Revised Code.	102532

(H) Notwithstanding section 109.081 of the Revised Code, the	102533
entire amount that the attorney general, whether by employees or	102534
agents of the attorney general or by special counsel appointed	102535
pursuant to section 109.08 of the Revised Code, collects under a	102536
successor liability agreement, other than the additional amount	102537
the operator who executes the agreement is required by division	102538
(F)(5) of this section to pay, shall be paid to the department of	102539
~~job and family services~~medicaid for deposit into the appropriate	102540
fund. The additional amount that the operator is required to pay	102541
shall be paid into the state treasury to the credit of the	102542
attorney general claims fund created under section 109.081 of the	102543
Revised Code.	102544

~~Sec. 5111.682.~~ Sec. 5165.522. (A) Except as provided in division	102545
(B) of this section, an exiting operator shall file with the	102546
department of ~~job and family services~~medicaid a cost report not	102547
later than ninety days after the last day the exiting operator's	102548
provider agreement is in effect or, in the case of a voluntary	102549
withdrawal of participation, the effective date of the voluntary	102550
withdrawal of participation. The cost report shall cover the	102551
period that begins with the day after the last day covered by the	102552
operator's most recent previous cost report required by section	102553
~~5111.26~~5165.10 of the Revised Code and ends on the last day the	102554
exiting operator's provider agreement is in effect or, in the case	102555
of a voluntary withdrawal of participation, the effective date of	102556
the voluntary withdrawal of participation. The cost report shall	102557
include, as applicable, all of the following:	102558

(1) The sale price of the nursing facility ~~or intermediate~~	102559
~~care facility for the mentally retarded~~;	102560

(2) A final depreciation schedule that shows which assets are	102561
transferred to the buyer and which assets are not transferred to	102562
the buyer;	102563

(3) Any other information the department requires.

102564

(B) The department, at its sole discretion, may waive the	102565
requirement that an exiting operator file a cost report in	102566
accordance with division (A) of this section.	102567

~~Sec. 5111.683.~~ Sec. 5165.523. If an exiting operator required by	102568
section ~~5111.682~~5165.522 of the Revised Code to file a cost	102569
report with the department of ~~job and family services~~medicaid	102570
fails to file the cost report in accordance with that section, all	102571
payments under the medicaid program for the period the cost report	102572
is required to cover are deemed overpayments until the date the	102573
department receives the properly completed cost report. The	102574
department may impose on the exiting operator a penalty of one	102575
hundred dollars for each calendar day the properly completed cost	102576
report is late.	102577

~~Sec. 5111.684.~~ Sec. 5165.524. The department of ~~job and family~~	102578
~~services~~medicaid may not provide an exiting operator final	102579
payment under the medicaid program until the department receives	102580
all properly completed cost reports the exiting operator is	102581
required to file under sections ~~5111.26~~5165.10 and ~~5111.682~~	102582
5165.522 of the Revised Code.	102583

~~Sec. 5111.685.~~ Sec. 5165.525. The department of ~~job and family~~	102584
~~services~~medicaid shall determine the actual amount of debt an	102585
exiting operator owes the department and the United States centers	102586
for medicare and medicaid services under the medicaid program by	102587
completing all final fiscal audits not already completed and	102588
performing all other appropriate actions the department determines	102589
to be necessary. The department shall issue an initial debt	102590
summary report on this matter not later than sixty days after the	102591
date the exiting operator files the properly completed cost report	102592
required by section ~~5111.682~~5165.522 of the Revised Code with the	102593
department or, if the department waives the cost report	102594
requirement for the exiting operator, sixty days after the date	102595
the department waives the cost report requirement. The initial	102596
debt summary report becomes the final debt summary report	102597
thirty-one days after the department issues the initial debt	102598
summary report unless the exiting operator, or an affiliated	102599
operator who executes a successor liability agreement under	102600
section ~~5111.681~~5165.521 of the Revised Code, requests a review	102601
before that date.	102602

The exiting operator, and an affiliated operator who executes	102603
a successor liability agreement under section ~~5111.681~~5165.521 of	102604
the Revised Code, may request a review to contest any of the	102605
department's findings included in the initial debt summary report.	102606
The request for the review must be submitted to the department not	102607
later than thirty days after the date the department issues the	102608
initial debt summary report. The department shall conduct the	102609
review on receipt of a timely request and issue a revised debt	102610
summary report. If the department has withheld money from payment	102611
due the exiting operator under division (A) of section ~~5111.681~~	102612
5165.521 of the Revised Code, the department shall issue the	102613
revised debt summary report not later than ninety days after the	102614
date the department receives the timely request for the review	102615
unless the department and exiting operator or affiliated operator	102616
agree to a later date. The exiting operator or affiliated operator	102617
may submit information to the department explaining what the	102618
operator contests before and during the review, including	102619
documentation of the amount of any debt the department owes the	102620
operator. The exiting operator or affiliated operator may submit	102621
additional information to the department not later than thirty	102622
days after the department issues the revised debt summary report.	102623
The revised debt summary report becomes the final debt summary	102624
report thirty-one days after the department issues the revised	102625
debt summary report unless the exiting operator or affiliated	102626
operator timely submits additional information to the department.	102627
If the exiting operator or affiliated operator timely submits	102628
additional information to the department, the department shall	102629
consider the additional information and issue a final debt summary	102630
report not later than sixty days after the department issues the	102631
revised debt summary report unless the department and exiting	102632
operator or affiliated operator agree to a later date.	102633

Each debt summary report the department issues under this	102634
section shall include the department's findings and the amount of	102635
debt the department determines the exiting operator owes the	102636
department and United States centers for medicare and medicaid	102637
services under the medicaid program. The department shall explain	102638
its findings and determination in each debt summary report.	102639

The exiting operator, and an affiliated operator who executes	102640
a successor liability agreement under section ~~5111.681~~5165.521 of	102641
the Revised Code, may request, in accordance with Chapter 119. of	102642
the Revised Code, an adjudication regarding a finding in a final	102643
debt summary report that pertains to an audit or alleged	102644
overpayment made under the medicaid program to the exiting	102645
operator. The adjudication shall be consolidated with any other	102646
uncompleted adjudication that concerns a matter addressed in the	102647
final debt summary report.	102648

~~Sec. 5111.686.~~ Sec. 5165.526. The department of ~~job and family~~	102649
~~services~~medicaid shall release the actual amount withheld under	102650
division (A) of section ~~5111.681~~5165.521 of the Revised Code,	102651
less any amount the exiting operator owes the department and	102652
United States centers for medicare and medicaid services under the	102653
medicaid program, as follows:	102654

(A) Unless the department issues the initial debt summary	102655
report required by section ~~5111.685~~5165.525 of the Revised Code	102656
not later than sixty days after the date the exiting operator	102657
files the properly completed cost report required by section	102658
~~5111.682~~5165.522 of the Revised Code, sixty-one days after the	102659
date the exiting operator files the properly completed cost	102660
report;	102661

(B) If the department issues the initial debt summary report	102662
required by section ~~5111.685~~5165.525 of the Revised Code not	102663
later than sixty days after the date the exiting operator files a	102664
properly completed cost report required by section ~~5111.682~~	102665
5165.522 of the Revised Code, not later than the following:	102666

(1) Thirty days after the deadline for requesting an	102667
adjudication under section ~~5111.685~~5165.525 of the Revised Code	102668
regarding the final debt summary report if the exiting operator,	102669
and an affiliated operator who executes a successor liability	102670
agreement under section ~~5111.681~~5165.521 of the Revised Code,	102671
fail to request the adjudication on or before the deadline;	102672

(2) Thirty days after the completion of an adjudication of	102673
the final debt summary report if the exiting operator, or an	102674
affiliated operator who executes a successor liability agreement	102675
under section ~~5111.681~~5165.521 of the Revised Code, requests the	102676
adjudication on or before the deadline for requesting the	102677
adjudication.	102678

(C) Unless the department issues the initial debt summary	102679
report required by section ~~5111.685~~5165.525 of the Revised Code	102680
not later than sixty days after the date the department waives the	102681
cost report requirement of section ~~5111.682~~5165.522 of the	102682
Revised Code, sixty-one days after the date the department waives	102683
the cost report requirement;	102684

(D) If the department issues the initial debt summary report	102685
required by section ~~5111.685~~5165.525 of the Revised Code not	102686
later than sixty days after the date the department waives the	102687
cost report requirement of section ~~5111.682~~5165.522 of the	102688
Revised Code, not later than the following:	102689

(1) Thirty days after the deadline for requesting an	102690
adjudication under section ~~5111.685~~5165.525 of the Revised Code	102691
regarding the final debt summary report if the exiting operator,	102692
and an affiliated operator who executes a successor liability	102693
agreement under section ~~5111.681~~5165.521 of the Revised Code,	102694
fail to request the adjudication on or before the deadline;	102695

(2) Thirty days after the completion of an adjudication of	102696
the final debt summary report if the exiting operator, or an	102697
affiliated operator who executes a successor liability agreement	102698
under section ~~5111.681~~5165.521 of the Revised Code, requests the	102699
adjudication on or before the deadline for requesting the	102700
adjudication.	102701

~~Sec. 5111.687.~~ Sec. 5165.527. The department of ~~job and family~~	102702
~~services~~medicaid, at its sole discretion, may release the amount	102703
withheld under division (A) of section ~~5111.681~~5165.521 of the	102704
Revised Code if the exiting operator submits to the department	102705
written notice of a postponement of a change of operator, facility	102706
closure, ~~voluntary termination,~~ or voluntary withdrawal of	102707
participation and the transactions leading to the change of	102708
operator, facility closure, ~~voluntary termination,~~ or voluntary	102709
withdrawal of participation are postponed for at least thirty days	102710
but less than ninety days after the date originally proposed for	102711
the change of operator, facility closure, ~~voluntary termination,~~	102712
or voluntary withdrawal of participation as reported in the	102713
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	102714
5165.51 of the Revised Code. The department shall release the	102715
amount withheld if the exiting operator submits to the department	102716
written notice of a cancellation or postponement of a change of	102717
operator, facility closure, ~~voluntary termination,~~ or voluntary	102718
withdrawal of participation and the transactions leading to the	102719
change of operator, facility closure, ~~voluntary termination,~~ or	102720
voluntary withdrawal of participation are canceled or postponed	102721
for more than ninety days after the date originally proposed for	102722
the change of operator, facility closure, ~~voluntary termination,~~	102723
or voluntary withdrawal of participation as reported in the	102724
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	102725
5165.51 of the Revised Code. A written notice shall be provided to	102726
the department in accordance with the method specified in rules	102727
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	102728
Revised Code.	102729

After the department receives a written notice regarding a	102730
cancellation or postponement of a facility closure~~, voluntary~~	102731
~~termination,~~ or voluntary withdrawal of participation, the exiting	102732
operator or owner shall provide new written notice to the	102733
department under section ~~5111.66~~5165.50 of the Revised Code	102734
regarding any transactions leading to a facility closure,	102735
~~voluntary termination,~~ or voluntary withdrawal of participation at	102736
a future time. After the department receives a written notice	102737
regarding a cancellation or postponement of a change of operator,	102738
the exiting operator or owner and entering operator shall provide	102739
new written notice to the department under section ~~5111.67~~5165.51	102740
of the Revised Code regarding any transactions leading to a change	102741
of operator at a future time.	102742

~~Sec. 5111.688.~~ Sec. 5165.528. (A) All amounts withheld under	102743
section ~~5111.681~~5165.521 of the Revised Code from payment due an	102744
exiting operator under the medicaid program shall be deposited	102745
into the medicaid payment withholding fund created by the	102746
controlling board pursuant to section 131.35 of the Revised Code.	102747
Money in the fund shall be used as follows:	102748

(1) To pay an exiting operator when a withholding is released	102749
to the exiting operator under section ~~5111.686~~5165.526 or	102750
~~5111.687~~5165.527 of the Revised Code;	102751

(2) To pay the department of ~~job and family services~~medicaid	102752
and United States centers for medicare and medicaid services the	102753
amount an exiting operator owes the department and United States	102754
centers under the medicaid program.	102755

(B) Amounts paid from the medicaid payment withholding fund	102756
pursuant to division (A)(2) of this section shall be deposited	102757
into the appropriate department fund.	102758

~~Sec. 5111.689.~~ Sec. 5165.53. The medicaid director ~~of job and~~	102759
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	102760
the Revised Code to implement sections ~~5111.65~~5165.50 to ~~5111.689~~	102761
5165.53 of the Revised Code, including rules applicable to an	102762
exiting operator that provides written notification under section	102763
~~5111.66~~5165.50 of the Revised Code of a voluntary withdrawal of	102764
participation. Rules adopted under this section shall comply with	102765
~~section 1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286~~	102766
~~(1965)~~section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F), regarding	102767
restrictions on transfers or discharges of nursing facility	102768
residents in the case of a voluntary withdrawal of participation.	102769
The rules may prescribe a medicaid ~~reimbursement~~payment	102770
methodology and other procedures that are applicable after the	102771
effective date of a voluntary withdrawal of participation that	102772
differ from the ~~reimbursement~~payment methodology and other	102773
procedures that would otherwise apply. The rules shall specify all	102774
of the following:	102775

(A) The method by which written notices to the department	102776
required by sections ~~5111.65~~5165.50 to ~~5111.689~~5165.53 of the	102777
Revised Code are to be provided;	102778

(B) The forms and documents that are to be provided to the	102779
department of medicaid under sections ~~5111.671~~5165.511 and	102780
~~5111.672~~5165.512 of the Revised Code, which shall include, in the	102781
case of such forms and documents provided by entering operators,	102782
all the fully executed leases, management agreements, merger	102783
agreements and supporting documents, and fully executed sales	102784
contracts and any other supporting documents culminating in the	102785
change of operator;	102786

(C) The method by which the forms and documents identified in	102787
division (B) of this section are to be provided to the department.	102788

~~Sec. 5111.35.~~ Sec. 5165.60. As used in this section, "a resident's	102789
rights" means the rights of a nursing facility resident under	102790
sections 3721.10 to 3721.17 of the Revised Code ~~and subsection (c)~~	102791
~~of section 1819 or 1919 of~~, the "Social Security Act," ~~49 Stat.~~	102792
~~620 (1935)~~sections 1819(c) and 1919(c), 42 U.S.C.~~A. 301, as~~	102793
~~amended~~1395i-3(c) and 1396r(c), and federal regulations issued	102794
under those ~~subsections~~sections of the "Social Security Act."	102795

As used in sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	102796
Revised Code:	102797

(A) "Certification requirements" means the requirements for	102798
nursing facilities established under ~~sections 1819 and 1919 of~~ the	102799
"Social Security Act.," sections 1819 and 1919, 42 U.S.C. 1395i-3	102800
and 1396r.	102801

(B) "Compliance" means substantially meeting all applicable	102802
certification requirements.	102803

(C) "Contracting agency" means a state agency that has	102804
entered into a contract with the department of ~~job and family~~	102805
~~services~~medicaid under section ~~5111.38~~5165.63 of the Revised	102806
Code.	102807

(D)(1) "Deficiency" means a finding cited by the department	102808
of health during a survey, on the basis of one or more actions,	102809
practices, situations, or incidents occurring at a nursing	102810
facility, that constitutes a severity level three finding,	102811
severity level four finding, scope level three finding, or scope	102812
level four finding. Whenever the finding is a repeat finding,	102813
"deficiency" also includes any finding that is a severity level	102814
two and scope level one finding, a severity level two and scope	102815
level two finding, or a severity level one and scope level two	102816
finding.	102817

(2) "Cluster of deficiencies" means deficiencies that result	102818
from noncompliance with two or more certification requirements and	102819
are causing or resulting from the same action, practice,	102820
situation, or incident.	102821

(E) "Emergency" means either of the following:

102822

(1) A deficiency or cluster of deficiencies that creates a	102823
condition of immediate jeopardy;	102824

(2) An unexpected situation or sudden occurrence of a serious	102825
or urgent nature that creates a substantial likelihood that one or	102826
more residents of a nursing facility may be seriously harmed if	102827
allowed to remain in the facility, including the following:	102828

(a) A flood or other natural disaster, civil disaster, or	102829
similar event;	102830

(b) A labor strike that suddenly causes the number of staff	102831
members in a nursing facility to be below that necessary for	102832
resident care.	102833

(F) "Finding" means a finding of noncompliance with	102834
certification requirements determined by the department of health	102835
under section ~~5111.41~~5165.66 of the Revised Code.	102836

(G) "Immediate jeopardy" means that one or more residents of	102837
a nursing facility are in imminent danger of serious physical or	102838
life-threatening harm.	102839

(H) "Medicaid eligible resident" means a person who is a	102840
resident of a nursing facility, or is applying for admission to a	102841
nursing facility, and is eligible ~~to receive financial assistance~~	102842
for nursing facility services under the ~~medical assistance~~	102843
medicaid program ~~for the care the person receives in such a~~	102844
~~facility~~.	102845

(I) "Noncompliance" means failure to substantially meet all	102846
applicable certification requirements.	102847

(J) "Nursing facility" ~~has the same meaning as in section~~	102848
~~5111.20 of the Revised Code~~includes a skilled nursing facility to	102849
the extent the context requires.	102850

(K) ~~"Provider" means a person, institution, or entity that~~	102851
~~furnishes nursing facility services under a medical assistance~~	102852
~~program provider agreement.~~	102853

~~(L) "Provider agreement" means a contract between the~~	102854
~~department of job and family services and a provider for the~~	102855
~~provision of nursing facility services under the medicaid program.~~	102856

~~(M)~~ "Repeat finding" or "repeat deficiency" means a finding	102857
or deficiency cited pursuant to a survey, to which both of the	102858
following apply:	102859

(1) The finding or deficiency involves noncompliance with the	102860
same certification requirement, and the same kind of actions,	102861
practices, situations, or incidents caused by or resulting from	102862
the noncompliance, as were cited in the immediately preceding	102863
standard survey or another survey conducted subsequent to the	102864
immediately preceding standard survey of the facility. For	102865
purposes of this division, actions, practices, situations, or	102866
incidents may be of the same kind even though they involve	102867
different residents, staff, or parts of the facility.	102868

(2) The finding or deficiency is cited subsequent to a	102869
determination by the department of health that the finding or	102870
deficiency cited on the immediately preceding standard survey, or	102871
another survey conducted subsequent to the immediately preceding	102872
standard survey, had been corrected.	102873

~~(N)~~(L)(1) "Scope level one finding" means a finding of	102874
noncompliance by a nursing facility in which the actions,	102875
situations, practices, or incidents causing or resulting from the	102876
noncompliance affect one or a very limited number of facility	102877
residents and involve one or a very limited number of facility	102878
staff members.	102879

(2) "Scope level two finding" means a finding of	102880
noncompliance by a nursing facility in which the actions,	102881
situations, practices, or incidents causing or resulting from the	102882
noncompliance affect more than a limited number of facility	102883
residents or involve more than a limited number of facility staff	102884
members, but the number or percentage of facility residents	102885
affected or staff members involved and the number or frequency of	102886
the actions, situations, practices, or incidents in short	102887
succession does not establish any reasonable degree of	102888
predictability of similar actions, situations, practices, or	102889
incidents occurring in the future.	102890

(3) "Scope level three finding" means a finding of	102891
noncompliance by a nursing facility in which the actions,	102892
situations, practices, or incidents causing or resulting from the	102893
noncompliance affect more than a limited number of facility	102894
residents or involve more than a limited number of facility staff	102895
members, and the number or percentage of facility residents	102896
affected or staff members involved or the number or frequency of	102897
the actions, situations, practices, or incidents in short	102898
succession establishes a reasonable degree of predictability of	102899
similar actions, situations, practices, or incidents occurring in	102900
the future.	102901

(4) "Scope level four finding" means a finding of	102902
noncompliance by a nursing facility causing or resulting from	102903
actions, situations, practices, or incidents that involve a	102904
sufficient number or percentage of facility residents or staff	102905
members or occur with sufficient regularity over time that the	102906
noncompliance can be considered systemic or pervasive in the	102907
facility.	102908

~~(O)~~(M)(1) "Severity level one finding" means a finding of	102909
noncompliance by a nursing facility that has not caused and, if	102910
continued, is unlikely to cause physical harm to a facility	102911
resident, mental or emotional harm to a resident, or a violation	102912
of a resident's rights that results in physical, mental, or	102913
emotional harm to the resident.	102914

(2) "Severity level two finding" means a finding of	102915
noncompliance by a nursing facility that, if continued over time,	102916
will cause, or is likely to cause, physical harm to a facility	102917
resident, mental or emotional harm to a resident, or a violation	102918
of a resident's rights that results in physical, mental, or	102919
emotional harm to the resident.	102920

(3) "Severity level three finding" means a finding of	102921
noncompliance by a nursing facility that has caused physical harm	102922
to a facility resident, mental or emotional harm to a resident, or	102923
a violation of a resident's rights that results in physical,	102924
mental, or emotional harm to the resident.	102925

(4) "Severity level four finding" means a finding of	102926
noncompliance by a nursing facility that has caused	102927
life-threatening harm to a facility resident or caused a	102928
resident's death.	102929

~~(P)~~(N) "State agency" has the same meaning as in section 1.60	102930
of the Revised Code.	102931

~~(Q)~~(O) "Substandard care" means care furnished in a facility	102932
in which the department of health has cited a deficiency or	102933
deficiencies that constitute one of the following:	102934

(1) A severity level four finding, regardless of scope;

102935

(2) A severity level three and scope level four finding, in	102936
the quality of care provided to residents;	102937

(3) A severity level three and scope level three finding, in	102938
the quality of care provided to residents.	102939

~~(R)~~(P)(1) "Survey" means a survey of a nursing facility	102940
conducted under section ~~5111.39~~5165.64 of the Revised Code.	102941

(2) "Standard survey" means a survey conducted by the	102942
department of health under division (A) of section ~~5111.39~~5165.64	102943
of the Revised Code and includes an extended survey.	102944

(3) "Follow-up survey" means a survey conducted by the	102945
department of health to determine whether a nursing facility has	102946
substantially corrected deficiencies cited in a previous survey.	102947

~~Sec. 5111.36.~~ Sec. 5165.61. The medicaid director ~~of job and~~	102948
~~family services~~ may adopt rules under ~~Chapter 119.~~section 5165.02	102949
of the Revised Code that are consistent with regulations,	102950
guidelines, and procedures issued by the United States secretary	102951
of health and human services under ~~sections 1819 and 1919 of~~ the	102952
"Social Security Act," ~~49 Stat. 620 (1935)~~sections 1819 and 1919,	102953
42 U.S.C.~~A. 301, as amended~~1395i-3 and 1396r, and necessary for	102954
administration and enforcement of sections ~~5111.35~~5165.60 to	102955
~~5111.62~~5165.89 of the Revised Code. If the secretary does not	102956
issue appropriate regulations for enforcement of those sections	102957
~~1819 and 1919~~ of the "Social Security Act" on or before December	102958
13, 1990, the medicaid director ~~of job and family services~~ may	102959
adopt, under ~~Chapter 119.~~section 5165.02 of the Revised Code,	102960
rules that are consistent with those sections and with sections	102961
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	102962

~~Sec. 5111.37.~~ Sec. 5165.62. The department of ~~job and family~~	102963
~~services~~medicaid is hereby authorized to enforce sections	102964
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. The	102965
department may enforce the sections directly or through	102966
contracting agencies. The department and agencies shall enforce	102967
the sections in accordance with the requirements of ~~sections 1819~~	102968
~~and 1919 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	102969
sections 1819 and 1919, 42 U.S.C.~~A. 301, as amended~~1395i-3 and	102970
1396r, that apply to nursing facilities; with regulations,	102971
guidelines, and procedures adopted by the United States secretary	102972
of health and human services for the enforcement of those sections	102973
~~1819 and 1919~~ of the "Social Security Act"; and with the rules	102974
~~adopted under~~authorized by section ~~5111.36~~5165.61 of the Revised	102975
Code. The department and agencies shall enforce sections ~~5111.35~~	102976
5165.60 to ~~5111.62~~5165.89 of the Revised Code for purposes of the	102977
medicare program~~, Title XVIII of the "Social Security Act,"~~ only	102978
to the extent prescribed by the regulations, guidelines, and	102979
procedures issued by the secretary under ~~section 1819 of that act~~	102980
the "Social Security Act," section 1819, 42 U.S.C. 1395i-3.	102981

~~Sec. 5111.38.~~ Sec. 5165.63. The department of ~~job and family~~	102982
~~services~~medicaid may enter into contracts with other state	102983
agencies pursuant to section 5162.35 of the Revised Code that	102984
authorize the agencies to perform all or part of the duties	102985
assigned to the department of ~~job and family services~~medicaid	102986
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	102987
Code. Each contract shall specify the duties the agency is	102988
authorized to perform and the sections of the Revised Code under	102989
which the agency is authorized to perform those duties.	102990

~~Sec. 5111.39.~~ Sec. 5165.64. (A) The department of health shall	102991
conduct a survey, titled a standard survey, of every nursing	102992
facility in this state on a statewide average of not more than	102993
once every twelve months. Each nursing facility shall undergo a	102994
standard survey at least once every fifteen months as a condition	102995
of meeting certification requirements. The department may extend a	102996
standard survey; such a survey is titled an extended survey.	102997

(B) The department may conduct surveys in addition to	102998
standard surveys when it considers them necessary.	102999

(C) The department shall conduct surveys in accordance with	103000
the regulations, guidelines, and procedures issued by the United	103001
States secretary of health and human services under ~~Titles~~Title	103002
XVIII and Title XIX ~~of the "Social Security Act," 49 Stat. 620~~	103003
~~(1935), 42 U.S.C.A. 301, as amended~~, sections ~~5111.40~~5165.65 to	103004
~~5111.42~~5165.68 of the Revised Code, and rules adopted under	103005
section 3721.022 of the Revised Code.	103006

~~Sec. 5111.40.~~ Sec. 5165.65. (A) At the conclusion of each survey,	103007
the department of health survey team shall conduct an exit	103008
interview with the administrator or other person in charge of the	103009
nursing facility and any other facility staff members designated	103010
by the administrator or person in charge of the facility. During	103011
the exit interview, at the request of the administrator or other	103012
person in charge of the facility, the survey team shall provide	103013
one of the following, as selected by the survey team:	103014

(1) Copies of all survey notes and any other written	103015
materials created during the survey;	103016

(2) A written summary of the survey team's recommendations	103017
regarding findings of noncompliance with certification	103018
requirements;	103019

(3) An audio or audiovisual recording of the interview. If	103020
the survey team selects this option, at least two copies of the	103021
recording shall be made and the survey team shall select one copy	103022
to be kept by the survey team for use by the department of health.	103023

(B) All expenses of copying under division (A)(1) of this	103024
section or recording under division (A)(3) of this section,	103025
including the cost of the copy of the recording kept by the survey	103026
team, shall be paid by the facility.	103027

~~Sec. 5111.41.~~ Sec. 5165.66. (A) Except as provided in section	103028
3721.17 of the Revised Code, a finding shall be cited only on the	103029
basis of a survey and a determination that one or more actions,	103030
practices, situations, or incidents at a nursing facility caused	103031
or resulted from the facility's failure to comply with one or more	103032
certification requirements. The department of health shall	103033
determine whether the actions, practices, situations, or incidents	103034
can be justified by either of the following:	103035

(1) The actions, practices, situations, or incidents resulted	103036
from a resident exercising the resident's rights guaranteed under	103037
the laws of the United States or of this state;	103038

(2) The actions, practices, situations, or incidents resulted	103039
from a facility following the orders of a person licensed under	103040
Chapter 4731. of the Revised Code to practice medicine or surgery	103041
or osteopathic medicine and surgery.	103042

(B) If the department of health determines both that the	103043
actions, practices, situations, or incidents cannot be justified	103044
by the factors identified in division (A) of this section and that	103045
one or more of the following are applicable, the department shall	103046
declare that the actions, practices, situations, or incidents	103047
constitute a finding:	103048

(1) The actions, practices, situations, or incidents could	103049
have been prevented by one or more persons involved in the	103050
facility's operation;	103051

(2) No person involved in the facility's operation identified	103052
the actions, practices, situations, or incidents prior to the	103053
survey;	103054

(3) Prior to the survey, no person involved in the facility's	103055
operation initiated action to correct the noncompliance caused by	103056
or resulting in the actions, practices, situations, or incidents;	103057

(4) The facility does not have in effect, if needed, a	103058
contingency plan that is reasonably calculated to prevent	103059
physical, mental, or emotional harm to residents while permanent	103060
corrective action is being taken.	103061

(C) The department of health shall determine the severity	103062
level and scope level of each finding.	103063

(D) A deficiency that is substantially corrected within the	103064
time limits specified in sections ~~5111.52~~5165.79 to	103065
~~5111.56~~5165.83 of the Revised Code and for which no remedy is	103066
imposed, shall be counted as a deficiency for the purpose of	103067
determining whether a deficiency is a repeat deficiency.	103068

(E) Whenever the department of health determines that during	103069
the period between two surveys a finding existed at the facility,	103070
but the facility substantially corrected it prior to the second	103071
survey, the department shall cite it. However, the department of	103072
~~job and family services~~medicaid or a contracting agency shall	103073
impose a remedy only as provided in division (C) of section	103074
~~5111.46~~5165.72 of the Revised Code.	103075

(F) Immediately upon determining the severity and scope of a	103076
finding at a nursing facility, the department of health shall	103077
notify the department of ~~job and family services~~medicaid and any	103078
contracting agency of the finding, the severity and scope of the	103079
finding, and whether the finding creates immediate jeopardy.	103080
Immediately upon determining that an emergency exists at a	103081
facility that does not result from a deficiency that creates	103082
immediate jeopardy, the department of health shall notify the	103083
department of ~~job and family services~~medicaid and any contracting	103084
agency.	103085

~~Sec. 5111.411.~~ Sec. 5165.67. The results of a survey of a nursing	103086
facility that is conducted under section ~~5111.39~~5165.64 of the	103087
Revised Code, including any statement of deficiencies and all	103088
findings and deficiencies cited in the statement on the basis of	103089
the survey, shall be used solely to determine the nursing	103090
facility's compliance with certification requirements or with this	103091
chapter or another chapter of the Revised Code. Those results of a	103092
survey, that statement of deficiencies, and the findings and	103093
deficiencies cited in that statement shall not be used in any	103094
court or in any action or proceeding that is pending in any court	103095
and are not admissible in evidence in any action or proceeding	103096
unless that action or proceeding is an appeal of an administrative	103097
action by the department of ~~job and family services~~medicaid or	103098
contracting agency under this chapter or is an action by any	103099
department or agency of the state to enforce this chapter or	103100
another chapter of the Revised Code.	103101

Nothing in this section prohibits the results of a survey, a	103102
statement of deficiencies, or the findings and deficiencies cited	103103
in that statement on the basis of the survey under this section	103104
from being used in a criminal investigation or prosecution.	103105

~~Sec. 5111.42.~~ Sec. 5165.68. (A) Not later than ten days after an	103106
exit interview, the department of health shall deliver to the	103107
nursing facility a detailed statement, titled a statement of	103108
deficiencies, setting forth all findings and deficiencies cited on	103109
the basis of the survey, including any finding cited pursuant to	103110
division (E) of section ~~5111.41~~5165.66 of the Revised Code. The	103111
statement shall indicate the severity and scope level of each	103112
finding and fully describe the incidents or other facts that form	103113
the basis of the department's determination of the existence of	103114
each finding and deficiency. A failure by the survey team to	103115
completely disclose in the exit interview every finding that may	103116
result from the survey does not affect the validity of any finding	103117
or deficiency cited in the statement of deficiencies. On request	103118
of the facility, the department shall provide a copy of any	103119
written worksheet or other document produced by the survey team in	103120
making recommendations regarding scope and severity levels of	103121
findings and deficiencies.	103122

(B) At the same time the department of health delivers a	103123
statement of deficiencies, it also shall deliver to the facility a	103124
separate written notice that states all of the following:	103125

(1) That the department of ~~job and family services~~medicaid	103126
or a contracting agency will issue an order under section ~~5111.57~~	103127
5165.84 of the Revised Code denying payment for any medicaid	103128
eligible residents admitted on and after the effective date of the	103129
order if the facility does not substantially correct, within	103130
ninety days after the exit interview, the deficiency or	103131
deficiencies cited in the statement of deficiencies in accordance	103132
with the plan of correction it submitted under section ~~5111.43~~	103133
5165.69 of the Revised Code;	103134

(2) If a condition of substandard care has been cited on the	103135
basis of a standard survey and a condition of substandard care was	103136
also cited on the immediately preceding standard survey, that the	103137
department of ~~job and family services~~medicaid or a contracting	103138
agency will issue an order under section ~~5111.57~~5165.84 of the	103139
Revised Code denying payment for any medicaid eligible residents	103140
admitted on and after the effective date of the order if a	103141
condition of substandard care is cited on the basis of the next	103142
standard survey;	103143

(3) That the department of ~~job and family services~~medicaid	103144
or a contracting agency will issue an order under section ~~5111.58~~	103145
5165.88 of the Revised Code terminating the facility's	103146
participation in the ~~medical assistance~~medicaid program if either	103147
of the following applies:	103148

(a) The facility does not substantially correct the	103149
deficiency or deficiencies in accordance with the plan of	103150
correction it submitted under section ~~5111.43~~5165.69 of the	103151
Revised Code within six months after the exit interview.	103152

(b) The facility substantially corrects the deficiency or	103153
deficiencies within the six-month period, but after correcting it,	103154
the department of health, based on a follow-up survey conducted	103155
during the remainder of the six-month period, determines that the	103156
facility has failed to maintain compliance with certification	103157
requirements.	103158

~~Sec. 5111.43.~~ Sec. 5165.69. (A) Whenever a nursing facility	103159
receives a statement of deficiencies under section ~~5111.42~~5165.68	103160
of the Revised Code, the facility shall submit to the department	103161
of health for its approval a plan of correction for each finding	103162
cited in the statement. The plan shall ~~describe~~include all of the	103163
following:	103164

(1) Detailed descriptions of the actions the facility will	103165
take to correct each finding ~~and specify the~~, including actions	103166
the facility will take to protect residents situated similarly to	103167
the residents affected by the causes of the findings;	103168

(2) The date by which each finding will be corrected~~. In the~~	103169
~~case of~~;	103170

(3) A detailed description of an ongoing monitoring and	103171
improvement process to be used at the facility that is focused on	103172
preventing any recurrence of the causes of the findings;	103173

(4) If the plan concerns a finding assigned a severity level	103174
indicating that a resident was harmed or immediate jeopardy	103175
exists, all of the following:	103176

(a) Detailed analyses of the facts and circumstances of the	103177
finding, including identification of its root cause;	103178

(b) A detailed explanation of how the corrective actions	103179
described pursuant to division (A)(1) of this section relate to	103180
the root cause of the finding identified pursuant to division	103181
(A)(4)(a) of this section;	103182

(c) A detailed explanation of the relationship between the	103183
ongoing monitoring and improvement process described pursuant to	103184
division (A)(3) of this section and the root cause of the finding	103185
identified pursuant to division (A)(4)(a) of this section.	103186

(5) If the plan concerns a finding cited pursuant to division	103187
(E) of section ~~5111.41~~5165.66 of the Revised Code, ~~the plan shall~~	103188
~~describe~~a description of the actions the facility took to correct	103189
the finding and the date on which it was corrected.	103190

(B)(1) The department shall approve any plan, and any	103191
modification of an existing plan a nursing facility submits to the	103192
department, that ~~conforms~~does both of the following:	103193

(a) Conforms to the requirements for approval of plans of	103194
corrections, and modifications, established in the regulations,	103195
guidelines, and procedures issued by the United States secretary	103196
of health and human services under ~~Titles~~Title XVIII and Title	103197
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	103198
~~301, as amended~~;	103199

(b) Includes all the information required by division (A) of	103200
this section. ~~The department also shall approve any modification~~	103201
~~of an existing plan submitted by a facility, if the plan as~~	103202
~~modified conforms to those regulations, guidelines, and~~	103203
~~procedures. The~~	103204

(2) The department shall consult with the department of	103205
medicaid, department of aging, and office of the state long-term	103206
care ombudsman program when determining whether a plan, or	103207
modification of an existing plan, to which division (A)(4) of this	103208
section applies conforms to the requirements for approval. The	103209
department shall not reject a facility's plan of correction or	103210
modification on the ground that the facility disputes the finding,	103211
if the plan or modification is reasonably calculated to correct	103212
the finding.	103213

(C) A facility that complies with this section shall not be	103214
considered to have admitted the existence of a finding cited by	103215
the department.	103216

~~Sec. 5111.44.~~ Sec. 5165.70. The department of health may appoint	103217
employees of the department to conduct on-site monitoring of a	103218
nursing facility whenever a finding is cited, including any	103219
finding cited pursuant to division (E) of section ~~5111.41~~5165.66	103220
of the Revised Code, or an emergency is found to exist.	103221
Appointment of monitors under this section is not subject to	103222
appeal under section ~~5111.60~~5165.87 or any other section of the	103223
Revised Code. No employee of a facility for which monitors are	103224
appointed, no person employed by the facility within the previous	103225
two years, and no person who currently has a consulting or other	103226
contract with the department or the facility, shall be appointed	103227
as a monitor under this section. Every monitor appointed under	103228
this section shall have the professional qualifications necessary	103229
to monitor correction of the finding or elimination of the	103230
emergency.	103231

~~Sec. 5111.45.~~ Sec. 5165.71. (A) If the department of health cites	103232
a deficiency or deficiencies that was not substantially corrected	103233
before a survey and that does not constitute a severity level four	103234
finding or create immediate jeopardy, the department of ~~job and~~	103235
~~family services~~medicaid or a contracting agency shall permit the	103236
nursing facility to continue participating in the ~~medical~~	103237
~~assistance~~medicaid program for up to six months after the exit	103238
interview, if all of the following apply:	103239

(1) The facility meets the requirements, established in	103240
regulations issued by the United States secretary of health and	103241
human services under Title XIX ~~of the "Social Security Act," 49~~	103242
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ for certification	103243
of nursing facilities that have a deficiency.	103244

(2) The department of health has approved a plan of	103245
correction submitted by the facility under section ~~5111.43~~5165.69	103246
of the Revised Code for each deficiency.	103247

(3) The provider agrees to repay the department of ~~job and~~	103248
~~family services~~medicaid, in accordance with section ~~5111.58~~	103249
5165.85 of the Revised Code, the federal share of all payments	103250
made by the department to the facility during the six-month period	103251
following the exit interview if the facility does not within the	103252
six-month period substantially correct the deficiency or	103253
deficiencies in accordance with the plan of correction submitted	103254
under section ~~5111.43~~5165.69 of the Revised Code.	103255

(B) If any of the conditions in divisions (A)(1) to (3) of	103256
this section do not apply, the department of ~~job and family~~	103257
~~services~~medicaid or contracting agency shall issue an order	103258
terminating the facility's participation in the ~~medical assistance~~	103259
medicaid program. An order issued under this division is subject	103260
to appeal under Chapter 119. of the Revised Code. The order shall	103261
not take effect prior to the later of the thirtieth day after it	103262
is delivered to the facility or, if the order is appealed, the	103263
date on which a final adjudication order upholding the termination	103264
becomes effective pursuant to Chapter 119. of the Revised Code.	103265

(C) At the time the department of ~~job and family services~~	103266
medicaid or contracting agency issues an order under division (B)	103267
of this section terminating a nursing facility's participation in	103268
the ~~medical assistance~~medicaid program, it may also impose,	103269
subject to section ~~5111.50~~5165.76 of the Revised Code, other	103270
remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 of the	103271
Revised Code.	103272

~~Sec. 5111.46.~~ Sec. 5165.72. (A) If the department of health cites	103273
a deficiency, or cluster of deficiencies, that was not	103274
substantially corrected before a survey and constitutes a severity	103275
level four finding, the department of ~~job and family services~~	103276
medicaid or contracting agency shall, subject to sections ~~5111.52~~	103277
5165.79 to ~~5111.56~~5165.83 of the Revised Code, impose a remedy	103278
for the deficiency or cluster of deficiencies. The department or	103279
agency may act under either division (A)(1) or (2) of this	103280
section:	103281

(1) The department or agency may impose one or more of the	103282
following remedies:	103283

(a) Issue an order terminating the nursing facility's	103284
participation in the ~~medical assistance~~medicaid program.	103285

(b) Do either of the following:

103286

(i) Regardless of whether the provider consents, appoint a	103287
temporary manager of the facility.	103288

(ii) Apply to the common pleas court of the county in which	103289
the facility is located for such injunctive or other equitable	103290
relief as is necessary for the appointment of a special master	103291
with such powers and authority over the facility and length of	103292
appointment as the court considers necessary.	103293

103294

(i) Issue an order denying ~~payment~~medicaid payments to the	103295
facility ~~under the medical assistance program~~ for all medicaid	103296
eligible residents admitted after the effective date of the order;	103297

(ii) Impose a fine.

103298

(d) Issue an order denying ~~payment~~medicaid payments to the	103299
facility ~~under the medical assistance program~~ for medicaid	103300
eligible residents admitted after the effective date of the order	103301
who have certain diagnoses or special care needs specified by the	103302
department or agency.	103303

(2) The department or agency may impose one or more of the	103304
following remedies:	103305

(a) Appoint, subject to the continuing consent of the	103306
provider, a temporary manager of the facility;	103307

(b) Do either of the following:

103308

(i) Regardless of whether the provider consents, appoint a	103309
temporary manager of the facility;	103310

(ii) Apply to the common pleas court of the county in which	103311
the facility is located for such injunctive or other equitable	103312
relief as is necessary for the appointment of a special master	103313
with such powers and authority over the facility and length of	103314
appointment as the court considers necessary.	103315

103316

(i) Issue an order denying ~~payment~~medicaid payments to the	103317
facility ~~under the medical assistance program~~ for all medicaid	103318
eligible residents admitted after the effective date of the order;	103319

(ii) Impose a fine.

103320

(d) Issue an order denying ~~payment~~medicaid payments to the	103321
facility ~~under the medical assistance program~~ for medicaid	103322
eligible residents admitted after the effective date of the order	103323
who have certain diagnoses or special care needs specified by the	103324
department or agency;	103325

(e) Issue an order requiring the facility to correct the	103326
deficiency or cluster of deficiencies under the plan of correction	103327
submitted by the facility and approved by the department of health	103328
under section ~~5111.43~~5165.69 of the Revised Code.	103329

(B) The department of ~~job and family services~~medicaid or	103330
contracting agency shall deliver a written order issued under	103331
division (A)(1) of this section terminating a nursing facility's	103332
participation in the ~~medical assistance~~medicaid program to the	103333
facility within five days after the exit interview. If the	103334
facility alleges, at any time prior to the later of the twentieth	103335
day after the exit interview or the fifteenth day after it	103336
receives the order, that the deficiency or cluster of deficiencies	103337
for which the order was issued has been substantially corrected,	103338
the department of health shall conduct a follow-up survey to	103339
determine whether the deficiency or cluster of deficiencies has	103340
been substantially corrected. The order shall take effect and the	103341
facility's participation shall terminate on the twentieth day	103342
after the exit interview, unless the facility has substantially	103343
corrected the deficiency or cluster of deficiencies that	103344
constituted a severity level four finding or did not receive	103345
notice from the department of ~~job and family services~~medicaid or	103346
contracting agency within five days after the exit interview. In	103347
the latter case, the order shall take effect and the facility's	103348
participation shall terminate on the fifteenth day after the	103349
facility received the order.	103350

(C) If the department of health cites a deficiency or cluster	103351
of deficiencies pursuant to division (E) of section ~~5111.41~~	103352
5165.66 of the Revised Code that constituted a severity level four	103353
finding, the department of ~~job and family services~~medicaid or a	103354
contracting agency shall, subject to section ~~5111.56~~5165.83 of	103355
the Revised Code, impose a fine. The fine shall be in effect for a	103356
period equal to the number of days the deficiency or cluster of	103357
deficiencies existed at the facility.	103358

~~Sec. 5111.47.~~ Sec. 5165.73. If the department of health cites a	103359
deficiency, or cluster of deficiencies, that was not substantially	103360
corrected before a survey and constitutes a severity level three	103361
and scope level three or four finding, the department of ~~job and~~	103362
~~family services~~medicaid or a contracting agency may, subject to	103363
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	103364
impose one or more of the following remedies:	103365

(A) Do either of the following:

103366

(1) Issue an order denying ~~payment~~medicaid payments to the	103367
facility ~~under the medical assistance program~~ for all medicaid	103368
eligible residents admitted after the effective date of the order;	103369

(2) Impose a fine.

103370

(B) Issue an order denying ~~payment~~medicaid payments to the	103371
facility ~~under the medical assistance program~~ for medicaid	103372
eligible residents admitted after the effective date of the order	103373
who have certain diagnoses or special care needs specified by the	103374
department or agency;	103375

(C) Issue an order requiring the facility to correct the	103376
deficiency or cluster of deficiencies under the plan of correction	103377
submitted by the facility and approved by the department of health	103378
under section ~~5111.43~~5165.69 of the Revised Code.	103379

~~Sec. 5111.48.~~ Sec. 5165.74. (A) If the department of health cites	103380
a deficiency, or cluster of deficiencies, that was not	103381
substantially corrected before a survey and constitutes a severity	103382
level three and scope level two finding, the department of ~~job and~~	103383
~~family services~~medicaid or a contracting agency may, subject to	103384
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	103385
impose one or more of the following remedies:	103386

(1) Do either of the following:

103387

(a) Issue an order denying ~~payment~~medicaid payments to the	103388
facility ~~under the medical assistance program~~ for all medicaid	103389
eligible residents admitted after the effective date of the order;	103390

(b) Impose a fine.

103391

(2) Issue an order denying ~~payment~~medicaid payments to the	103392
facility ~~under the medical assistance program~~ for medicaid	103393
eligible residents admitted after the effective date of the order	103394
who have certain diagnoses or special care needs specified by the	103395
department or agency;	103396

(3) Issue an order requiring the facility to correct the	103397
deficiency or cluster of deficiencies under the plan of correction	103398
proposed by the facility and approved by the department of health	103399
under section ~~5111.43~~5165.69 of the Revised Code.	103400

(B) If the department of health cites a deficiency, or	103401
cluster of deficiencies, that was not substantially corrected	103402
before a survey and constitutes a severity level three and scope	103403
level one finding, the department of ~~job and family services~~	103404
medicaid or a contracting agency may, subject to sections ~~5111.55~~	103405
5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose one or	103406
more of the following remedies:	103407

(1) Impose a fine;

103408

(2) Issue an order denying ~~payment~~medicaid payments to the	103409
facility ~~under the medical assistance program~~ for medicaid	103410
eligible residents admitted after the effective date of the order	103411
who have certain diagnoses or special care needs specified by the	103412
department or agency;	103413

(3) Issue an order requiring the facility to correct the	103414
deficiency or cluster of deficiencies under the plan of correction	103415
proposed by the facility and approved by the department of health	103416
under section ~~5111.43~~5165.69 of the Revised Code.	103417

(C) If the department of health cites a deficiency, or	103418
cluster of deficiencies, that was not substantially corrected	103419
before a survey and constitutes a severity level two and a scope	103420
level three or four finding, the department of ~~job and family~~	103421
~~services~~medicaid or a contracting agency may, subject to sections	103422
~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose	103423
one or more of the following remedies:	103424

(1) Impose a fine;

103425

(2) Issue an order denying ~~payment~~medicaid payments to the	103426
facility ~~under the medical assistance program~~ for medicaid	103427
eligible residents admitted after the effective date of the order	103428
who have certain diagnoses or special care needs specified by the	103429
department or agency;	103430

(3) Issue an order requiring the facility to correct the	103431
deficiency or cluster of deficiencies under the plan of correction	103432
submitted by the facility and approved by the department of health	103433
under section ~~5111.43~~5165.69 of the Revised Code.	103434

(D) If the department of health cites a deficiency, or	103435
cluster of deficiencies, that was not substantially corrected	103436
before a survey, constitutes a severity level two and scope level	103437
one or two finding, and is a repeat finding, the department of ~~job~~	103438
~~and family services~~medicaid or a contracting agency may issue an	103439
order requiring the facility to correct the deficiency or cluster	103440
of deficiencies under the plan of correction submitted by the	103441
facility and approved by the department of health under section	103442
~~5111.43~~5165.69 of the Revised Code.	103443

(E) If the department of health cites a deficiency, or	103444
cluster of deficiencies, that was not substantially corrected	103445
before a survey and constitutes a severity level one and scope	103446
level three or four finding, the department of ~~job and family~~	103447
~~services~~medicaid or a contracting agency may issue an order	103448
requiring the facility to correct the deficiency or cluster of	103449
deficiencies under the plan of correction submitted by the	103450
facility and approved by the department of health under section	103451
~~5111.43~~5165.69 of the Revised Code.	103452

(F) If the department of health cites a deficiency, or	103453
cluster of deficiencies, that was not substantially corrected	103454
before a survey, constitutes a severity level one and scope level	103455
two finding, and is a repeat finding, the department of ~~job and~~	103456
~~family services~~medicaid or a contracting agency may issue an	103457
order requiring the facility to correct the deficiency or cluster	103458
of deficiencies under the plan of correction submitted by the	103459
facility and approved by the department of health under section	103460
~~5111.43~~5165.69 of the Revised Code.	103461

~~Sec. 5111.49.~~ Sec. 5165.75. (A) In determining which remedies to	103462
impose under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~	103463
5165.74 of the Revised Code, including whether a fine should be	103464
imposed, the department of ~~job and family services~~medicaid or a	103465
contracting agency shall do both of the following:	103466

(1) Impose the remedies that are most likely to achieve	103467
correction of deficiencies, encourage sustained compliance with	103468
certification requirements, and protect the health, safety, and	103469
rights of facility residents, but that are not directed at	103470
punishment of the facility;	103471

(2) Consider all of the following:

103472

(a) The presence or absence of immediate jeopardy;

103473

(b) The relationships of groups of deficiencies to each	103474
other;	103475

(c) The facility's history of compliance with certification	103476
requirements generally and in the specific area of the deficiency	103477
or deficiencies;	103478

(d) Whether the deficiency or deficiencies are directly	103479
related to resident care;	103480

(e) The corrective, long-term compliance, resident	103481
protective, and nonpunitive outcomes sought by the department or	103482
agency;	103483

(f) The nature, scope, and duration of the noncompliance with	103484
certification requirements;	103485

(g) The existence of repeat deficiencies;

103486

(h) The category of certification requirements with which the	103487
facility is out of compliance;	103488

(i) Any period of noncompliance with certification	103489
requirements that occurred between two certifications by the	103490
department of health that the facility was in compliance with	103491
certification requirements;	103492

(j) The facility's degree of culpability;

103493

(k) The accuracy, extent, and availability of facility	103494
records;	103495

(l) The facility's financial condition, exclusive of any	103496
moneys donated to a facility that is an organization described in	103497
subsection 501(c)(3) and is tax exempt under subsection 501(a) of	103498
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	103499
1;	103500

(m) Any adverse effect that the action or fine would have on	103501
the health and safety of facility residents;	103502

(n) If the noncompliance that resulted in the citation of a	103503
deficiency or cluster of deficiencies existed before a change in	103504
ownership of the facility, whether the new owner or owners have	103505
had sufficient time to correct the noncompliance.	103506

(B) Whenever the department or agency imposes remedies under	103507
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	103508
the Revised Code, it shall provide a written statement to the	103509
nursing facility that specifies all of the following:	103510

(1) The effective date of each remedy;

103511

(2) The deficiency or cluster of deficiencies for which each	103512
remedy is imposed;	103513

(3) The severity and scope of the deficiency or cluster of	103514
deficiencies;	103515

(4) The rationale, including all applicable factors specified	103516
in division (A) of this section, for imposing the remedies.	103517

~~Sec. 5111.50.~~ Sec. 5165.76. At the time the department of ~~job and~~	103518
~~family services~~medicaid or a contracting agency, under section	103519
~~5111.45~~5165.71, ~~5111.46~~5165.72, or ~~5111.51~~5165.77 of the	103520
Revised Code, issues an order terminating a nursing facility's	103521
participation in the ~~medical assistance~~medicaid program, the	103522
department or agency may also impose a fine, in accordance with	103523
sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 and ~~5111.56~~5165.83 of	103524
the Revised Code, to be collected in the event the termination	103525
order does not take effect. The department or agency shall not	103526
collect this fine if the termination order takes effect.	103527

~~Sec. 5111.51.~~ Sec. 5165.77. (A) If the department of health finds	103528
during a survey that an emergency exists at a nursing facility, as	103529
the result of a deficiency or cluster of deficiencies that creates	103530
immediate jeopardy, the department of ~~job and family services~~	103531
medicaid or a contracting agency shall impose one or more of the	103532
remedies described in division (A)(1) of this section and, in	103533
addition, may take one or both of the actions described in	103534
division (A)(2) of this section.	103535

(1) The department or agency shall impose one or more of the	103536
following remedies:	103537

(a) Appoint, subject to the continuing consent of the	103538
provider, a temporary manager of the facility;	103539

(b) Apply to the common pleas court of the county in which	103540
the facility is located for a temporary restraining order,	103541
preliminary injunction, or such other injunctive or equitable	103542
relief as is necessary to close the facility, transfer one or more	103543
residents to other nursing facilities or other appropriate care	103544
settings, or otherwise eliminate the condition of immediate	103545
jeopardy. If the court grants such an order, injunction, or	103546
relief, it may appoint a special master empowered to implement the	103547
court's judgment under the court's direct supervision.	103548

(c) Issue an order terminating the facility's participation	103549
in the ~~medical assistance~~medicaid program;	103550

(d) Regardless of whether the provider consents, appoint a	103551
temporary manager of the facility.	103552

(2) The department or agency may do one or both of the	103553
following:	103554

(a) Issue an order denying ~~payment~~medicaid payments to the	103555
facility for all medicaid eligible residents admitted after the	103556
effective date of the order;	103557

(b) Impose remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~	103558
5165.74 of the Revised Code appropriate to the severity and scope	103559
of the deficiency or cluster of deficiencies, except that the	103560
department or agency shall not impose a fine for the same	103561
deficiency for which the department or agency has issued an order	103562
under division (A)(2)(a) of this section.	103563

(B) If the department of health, department of ~~job and family~~	103564
~~services~~medicaid, or a contracting agency finds on the basis of a	103565
survey or other visit to the facility by representatives of that	103566
department or agency that an emergency exists at a facility that	103567
is not the result of a deficiency or cluster of deficiencies that	103568
constitutes immediate jeopardy, the department of ~~job and family~~	103569
~~services~~medicaid or contracting agency may do either of the	103570
following:	103571

(1) Appoint, subject to the continuing consent of the	103572
provider, a temporary manager of the facility;	103573

(2) Apply to the common pleas court of the county in which	103574
the facility is located for a temporary restraining order,	103575
preliminary injunction, or such other injunctive or equitable	103576
relief as is necessary to close the facility, transfer one or more	103577
residents to other nursing facilities or other appropriate care	103578
settings, or otherwise eliminate the emergency. If the court	103579
grants such an order, injunction, or relief, it may appoint a	103580
special master empowered to implement the court's judgment under	103581
the court's direct supervision.	103582

(C)(1) Prior to acting under division (A)(1)(b), (c), (d), or	103583
(2), or (B)(2) of this section, the department of ~~job and family~~	103584
~~services~~medicaid or contracting agency shall give written notice	103585
to the facility specifying all of the following:	103586

(a) The nature of the emergency, including the nature of any	103587
deficiency or deficiencies that caused the emergency;	103588

(b) The nature of the action the department or agency intends	103589
to take unless the department of health determines that the	103590
facility, in the absence of state intervention, possesses the	103591
capacity to eliminate the emergency;	103592

103593

(2) If the department of health determines that the facility	103594
does not possess the capacity to eliminate the emergency in the	103595
absence of state intervention, the department of ~~job and family~~	103596
~~services~~medicaid or contracting agency may immediately take	103597
action under division (A) or (B) of this section. If the	103598
department of health determines that the facility possesses the	103599
capacity to eliminate the emergency, the department of ~~job and~~	103600
~~family services~~medicaid or contracting agency shall direct the	103601
facility to eliminate the emergency within five days after the	103602
facility's receipt of the notice. At the end of the five-day	103603
period, the department of health shall conduct a follow-up survey	103604
that focuses on the emergency. If the department of health	103605
determines that the facility has eliminated the emergency within	103606
the time period, the department of ~~job and family services~~	103607
medicaid or contracting agency shall not act under division	103608
(A)(1)(b), (c), (d), or (2)(a), or (B)(2) of this section. If the	103609
department of health determines that the facility has failed to	103610
eliminate the emergency within the five-day period, the department	103611
of ~~job and family services~~medicaid or contracting agency shall	103612
take appropriate action under division (A)(1)(b), (c), (d), or	103613
(2), or (B)(2) of this section.	103614

(3) Until the written notice required by division (C)(1) of	103615
this section is actually delivered, no action taken by the	103616
department of ~~job and family services~~medicaid or contracting	103617
agency under division (A)(1)(b), (c), (d), or (2), or (B)(2) of	103618
this section shall have any legal effect. In addition to the	103619
written notice, the department of health survey team shall give	103620
oral notice to the facility, at the time of the survey, concerning	103621
any recommendations the survey team intends to make that could	103622
form the basis of a determination that an emergency exists.	103623

(D) The department of ~~job and family services~~medicaid or	103624
contracting agency shall deliver a written order issued under	103625
division (A)(1) of this section terminating a nursing facility's	103626
participation in the ~~medical assistance~~medicaid program to the	103627
facility within five days after the exit interview. If the	103628
facility alleges, at any time prior to the later of the twentieth	103629
day after the exit interview or the fifteenth day after it	103630
receives the order, that the condition of immediate jeopardy for	103631
which the order was issued has been eliminated, the department of	103632
health shall conduct a follow-up survey to determine whether the	103633
immediate jeopardy has been eliminated. The order shall take	103634
effect and the facility's participation shall terminate on the	103635
twentieth day after the exit interview, unless the facility has	103636
eliminated the immediate jeopardy or did not receive notice from	103637
the department of ~~job and family services~~medicaid or contracting	103638
agency within five days after the exit interview. In the latter	103639
case, the order shall take effect and the facility's participation	103640
shall terminate on the fifteenth day after the facility received	103641
the order.	103642

(E) Any action taken by the department of ~~job and family~~	103643
~~services~~medicaid or a contracting agency under division	103644
(A)(1)(c), (d), or (2)(a) of this section is subject to appeal	103645
under Chapter 119. of the Revised Code, except that the department	103646
or agency may take such action prior to and during the pendency of	103647
any proceeding under that chapter. No action taken by a facility	103648
under division (C) of this section to eliminate an emergency cited	103649
by the department of health shall be considered an admission by	103650
the facility of the existence of an emergency.	103651

Sec. 5165.771. (A) As used in this section:

103652

"SFF list" means the list of nursing facilities that the	103653
United States department of health and human services creates	103654
under the special focus facility program.	103655

"Special focus facility program" means the program conducted	103656
by the United States secretary of health and human services	103657
pursuant to the "Social Security Act," section 1919(f)(10), 42	103658
U.S.C. 1396r(f)(10).	103659

"Table A" means the table included in the SFF list that	103660
identifies nursing facilities that are newly added to the SFF	103661
list.	103662

"Table B" means the table included in the SFF list that	103663
identifies nursing facilities that have not improved.	103664

"Table C" means the table included in the SFF list that	103665
identifies nursing facilities that have shown improvement.	103666

"Table D" means the table included in the SFF list that	103667
identifies nursing facilities that have recently graduated from	103668
the special focus facility program.	103669

(B) The department of medicaid shall issue an order	103670
terminating a nursing facility's participation in the medicaid	103671
program if any of the following apply:	103672

(1) The nursing facility is listed in table A or table B on	103673
the effective date of this section and fails to be placed in table	103674
C not later than twelve months after the effective date of this	103675
section;	103676

(2) The nursing facility is listed in table A, table B, or	103677
table C on the effective date of this section and fails to be	103678
placed in table D not later than twenty-four months after the	103679
effective date of this section;	103680

(3) The nursing facility is placed in table A after the	103681
effective date of this section and fails to be placed in table C	103682
not later than twelve months after the nursing facility is placed	103683
in table A;	103684

(4) The nursing facility is placed in table A after the	103685
effective date of this section and fails to be placed in table D	103686
not later than twenty-four months after the nursing facility is	103687
placed in table A.	103688

(C) An order issued under this section is not subject to	103689
appeal under Chapter 119. of the Revised Code.	103690

(D) To help a nursing facility avoid having its participation	103691
in the medicaid program terminated pursuant to division (B) of	103692
this section, the department of aging shall provide the nursing	103693
facility technical assistance through the nursing home quality	103694
initiative established under section 173.60 of the Revised Code at	103695
least four months before the department of medicaid would be	103696
required to terminate the nursing facility's participation.	103697

~~Sec. 5111.511.~~ Sec. 5165.78. (A) If the department of ~~job and~~	103698
~~family services~~medicaid determines that a nursing facility is	103699
experiencing or is likely to experience a serious financial loss	103700
or failure that jeopardizes or is likely to jeopardize the health,	103701
safety, and welfare of its residents, the department, subject to	103702
the provider's consent, may appoint a temporary resident safety	103703
assurance manager in the nursing facility to take actions the	103704
department determines are appropriate to ensure the health,	103705
safety, and welfare of the residents.	103706

(B) A temporary resident safety assurance manager appointed	103707
under this section is vested with the authority necessary to take	103708
actions the department of ~~job and family services~~medicaid	103709
determines are appropriate to ensure the health, safety, and	103710
welfare of the residents.	103711

(C) A temporary resident safety assurance manager appointed	103712
under this section may use any of the following funds to pay for	103713
costs the manager incurs on behalf of the nursing facility:	103714

(1) Medicaid payments made in accordance with the provider	103715
agreement for the nursing facility;	103716

(2) Funds from the residents protection fund that the	103717
department provides the manager under section ~~5111.62~~5162.66 of	103718
the Revised Code;	103719

(3) Other funds the department determines are appropriate if	103720
such use of the funds is consistent with the appropriations that	103721
authorize the use of the funds and all other state and federal	103722
laws governing the use of the funds.	103723

(D) The provider is liable to the department for the amount	103724
of any payments the department makes to the temporary resident	103725
safety assurance manager, other than payments specified in	103726
division (C)(1) of this section. The department may recover the	103727
amount the provider owes the department by doing any of the	103728
following:	103729

(1) Offsetting medicaid payments made to the provider in	103730
accordance with the provider agreement;	103731

(2) Placing a lien on any of the provider's real and personal	103732
property;	103733

(3) Initiating other collection actions.

103734

(E) No action the department takes under this section is	103735
subject to appeal under Chapter 119. of the Revised Code.	103736

(F) In rules ~~adopted under~~authorized by section ~~5111.36~~	103737
5165.61 of the Revised Code, the medicaid director ~~of job and~~	103738
~~family services~~ may establish all of the following:	103739

(1) Qualifications persons must meet to be appointed	103740
temporary resident safety assurance managers under this section;	103741

(2) Procedures for maintaining a list of qualified temporary	103742
resident safety assurance managers;	103743

(3) Procedures consistent with federal law for paying for the	103744
services of temporary resident safety assurance managers;	103745

(4) Accounting and reporting requirements for temporary	103746
resident safety assurance managers;	103747

(5) Other procedures and requirements the director determines	103748
are necessary to implement this section.	103749

~~Sec. 5111.52.~~ Sec. 5165.79. (A) As used in this section,	103750
"terminating" includes not renewing.	103751

(B) A nursing facility's participation in the ~~medical~~	103752
~~assistance~~medicaid program shall be terminated under sections	103753
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code as	103754
follows:	103755

(1) If the department of ~~job and family services~~medicaid is	103756
terminating the facility's participation, it shall issue an order	103757
terminating the facility's provider agreement.	103758

(2) If the department of health, acting as a contracting	103759
agency, is terminating the facility's participation, it shall	103760
issue an order terminating certification of the facility's	103761
compliance with certification requirements. When the department of	103762
health terminates certification, the department of ~~job and family~~	103763
~~services~~medicaid shall terminate the facility's provider	103764
agreement. The department of ~~job and family services~~medicaid is	103765
not required to provide an adjudication hearing when it terminates	103766
a provider agreement following termination of certification by the	103767
department of health.	103768

(3) If a state agency other than the department of health,	103769
acting as a contracting agency, is terminating the facility's	103770
participation, it shall notify the department of ~~job and family~~	103771
~~services~~medicaid, and the department of ~~job and family services~~	103772
medicaid shall issue an order terminating the facility's provider	103773
agreement. The contracting agency shall conduct any administrative	103774
proceedings concerning the order.	103775

(C) If the following conditions are met, the department of	103776
~~job and family services~~medicaid may make ~~medical assistance~~	103777
medicaid payments to a nursing facility for a period not exceeding	103778
thirty days after the effective date of termination under sections	103779
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code of the	103780
facility's participation in the ~~medical assistance~~medicaid	103781
program:	103782

(1) The payments are for medicaid eligible residents admitted	103783
to the facility prior to the effective date of the termination;	103784

(2) The provider is making reasonable efforts to transfer	103785
medicaid eligible residents to other care settings.	103786

The period during which payments may be made under this	103787
division begins on the later of the effective date of the	103788
termination or, if the facility has appealed a termination order,	103789
the date of issuance of the adjudication order upholding	103790
termination.	103791

~~Sec. 5111.53.~~ Sec. 5165.80. (A) Whenever a nursing facility is	103792
closed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	103793
Revised Code, the department of ~~job and family services~~medicaid	103794
or contracting agency shall arrange for the safe and orderly	103795
transfer of all residents, including residents who are not	103796
medicaid eligible residents, to other appropriate care settings.	103797
Whenever a nursing facility's participation in the ~~medical~~	103798
~~assistance~~medicaid program is terminated under sections ~~5111.35~~	103799
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department or	103800
agency shall arrange for the safe and orderly transfer of all	103801
medicaid eligible residents or, if the termination results in the	103802
closure of the facility, of all residents. The provider and all	103803
persons involved in the facility's operation shall cooperate with	103804
and assist in the transfer of residents.	103805

(B) After a nursing facility's participation in the ~~medical~~	103806
~~assistance~~medicaid program is terminated under section ~~5111.45~~	103807
5165.71, ~~5111.46~~5165.72, ~~5111.51~~5165.77, 5165.771, or ~~5111.58~~	103808
5165.85 of the Revised Code, the department of ~~job and family~~	103809
~~services~~medicaid or contracting agency may appoint a temporary	103810
manager subject to the continuing consent of the provider, or may	103811
apply to the common pleas court of the county in which the	103812
facility is located for such injunctive relief as is necessary for	103813
the appointment of a special master, to ensure the transfer of	103814
medicaid eligible residents to other appropriate care settings	103815
and, if applicable, the orderly closure of the facility.	103816

~~Sec. 5111.54.~~ Sec. 5165.81. (A) A temporary manager of a nursing	103817
facility appointed by the department of ~~job and family services~~	103818
medicaid or a contracting agency under sections ~~5111.35~~5165.60 to	103819
~~5111.62~~5165.89 of the Revised Code shall meet all of the	103820
following qualifications:	103821

(1) Be licensed as a nursing home administrator under Chapter	103822
4751. of the Revised Code;	103823

(2) Have demonstrated competence as a nursing home	103824
administrator;	103825

(3) Have had no disciplinary action taken against the	103826
temporary manager by any licensing board or professional society	103827
in this state.	103828

(B) The salary of a temporary manager or special master	103829
appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	103830
Revised Code shall be paid by the facility and set by the	103831
department of ~~job and family services~~medicaid or contracting	103832
agency, in the case of a temporary manager, or by the court, in	103833
the case of a special master, at a rate not to exceed the maximum	103834
allowable compensation for an administrator under the ~~medical~~	103835
~~assistance~~medicaid program. The extent to which this compensation	103836
is allowable under the ~~medical assistance~~medicaid program is	103837
subject to and limited by this chapter and rules ~~of the department~~	103838
adopted under section 5165.02 of the Revised Code.	103839

Subject to division (C) of this section, any costs incurred	103840
on behalf of a nursing facility by a temporary manager or special	103841
master appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89	103842
of the Revised Code shall be paid by the facility. The	103843
allowability of these costs under the ~~medical assistance~~medicaid	103844
program shall be subject to and governed by this chapter and ~~the~~	103845
rules ~~of the department~~adopted under section 5165.02 of the	103846
Revised Code. This division does not prohibit a facility from	103847
applying for or receiving any waiver of cost ceilings available	103848
under the rules ~~of the department~~.	103849

(C) No temporary manager or special master appointed under	103850
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code	103851
shall enter into any employment contract on behalf of a facility,	103852
or purchase any capital goods using facility funds totaling more	103853
than ten thousand dollars, unless the temporary manager or special	103854
master has obtained prior approval for the contract or purchase	103855
from either the provider or the court.	103856

(D)(1) A temporary manager appointed for a nursing facility	103857
under section ~~5111.46~~5165.72 of the Revised Code is hereby	103858
vested, subject to division (C) of this section, with the legal	103859
authority necessary to correct any deficiency or cluster of	103860
deficiencies at a facility, bring the facility into compliance	103861
with certification requirements, and otherwise ensure the health	103862
and safety of the residents.	103863

(2) A temporary manager appointed under section ~~5111.51~~	103864
5165.77 of the Revised Code is hereby vested, subject to division	103865
(C) of this section, with the authority necessary to eliminate the	103866
emergency, bring the facility into compliance with certification	103867
requirements, and otherwise ensure the health and safety of the	103868
residents.	103869

(3) A temporary manager appointed under section ~~5111.53~~	103870
5165.80 of the Revised Code is hereby vested, subject to division	103871
(C) of this section, with the authority necessary to ensure the	103872
transfer of medicaid eligible residents to other appropriate care	103873
settings and, if applicable, the orderly closure of the facility,	103874
and to otherwise ensure the health and safety of the residents.	103875

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	103876
section ~~5111.46~~5165.72 of the Revised Code to appoint a temporary	103877
manager or apply for a special master, the department of ~~job and~~	103878
~~family services~~medicaid or contracting agency shall order the	103879
facility to substantially correct the deficiency or deficiencies	103880
within five days after receiving the statement and inform the	103881
facility, in the statement it provides pursuant to division (B) of	103882
section ~~5111.49~~5165.75 of the Revised Code, of the order and	103883
that it will not take that action unless the facility fails to	103884
substantially correct the deficiency or deficiencies within that	103885
five-day period. At the end of the five-day period, the department	103886
of health shall conduct a follow-up survey that focuses on the	103887
deficiency or deficiencies. If the department of health determines	103888
that the facility has substantially corrected the deficiency or	103889
deficiencies within that time, the department of ~~job and family~~	103890
~~services~~medicaid or contracting agency shall not appoint a	103891
temporary manager or apply for a special master. If the department	103892
of health determines that the facility has failed to substantially	103893
correct the deficiency or deficiencies within that time, the	103894
department of ~~job and family services~~medicaid or contracting	103895
agency may proceed with appointment of the temporary manager or	103896
application for a special master. Until the statement required	103897
under division (B) of section ~~5111.49~~5165.75 of the Revised Code	103898
is actually delivered, no action taken by the department or agency	103899
to appoint a temporary manager or apply for a temporary manager	103900
under division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 of	103901
the Revised Code shall have any legal effect. No action taken by a	103902
facility under this division to substantially correct a deficiency	103903
or deficiencies shall be considered an admission by the facility	103904
of the existence of a deficiency or deficiencies.	103905

(F) Appointment of a temporary manager under division	103906
(A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 or division	103907
(A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code shall	103908
expire at the end of the seventh day following the appointment. If	103909
the department of ~~job and family services~~medicaid or contracting	103910
agency finds that the deficiency or deficiencies that prompted the	103911
appointment under division (A)(1)(b) or (2)(b) of section ~~5111.46~~	103912
5165.72 of the Revised Code cannot be substantially corrected, or	103913
the condition of immediate jeopardy that prompted the appointment	103914
under division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised	103915
Code cannot be eliminated, prior to the expiration of the	103916
appointment, it may take one of the following actions:	103917

(1) Appoint, subject to the continuing consent of the	103918
provider, a temporary manager for the facility;	103919

(2) Apply to the common pleas court of the county in which	103920
the facility is located for an order appointing a special master	103921
who, under the authority and direct supervision of the court and	103922
subject to divisions (B) and (C) of this section, may take such	103923
additional actions as are necessary to correct the deficiency or	103924
deficiencies or eliminate the condition of immediate jeopardy and	103925
bring the facility into compliance with certification	103926
requirements.	103927

(G) The court, on finding that the deficiency or deficiencies	103928
for which a special master was appointed under division (F)(2) of	103929
this section or division (A)(1)(b) or (2)(b) of section ~~5111.46~~	103930
5165.72 of the Revised Code has been substantially corrected, or	103931
the emergency for which a special master was appointed under	103932
division (F)(2) of this section or division (A)(1)(b) or (B)(2) of	103933
section ~~5111.51~~5165.77 of the Revised Code has been eliminated,	103934
that the facility has been brought into compliance with	103935
certification requirements, and that the provider has established	103936
the management capability to ensure continued compliance with the	103937
certification requirements, shall immediately terminate its	103938
jurisdiction over the facility and return control and management	103939
of the facility to the provider. If the deficiency or deficiencies	103940
cannot be substantially corrected, or the emergency cannot be	103941
eliminated practicably within a reasonable time following	103942
appointment of the special master, the court may order the special	103943
master to close the facility and transfer all residents to other	103944
nursing facilities or other appropriate care settings.	103945

(H) This section does not apply to temporary resident safety	103946
assurance managers appointed under section ~~5111.511~~5165.78 of the	103947
Revised Code.	103948

~~Sec. 5111.55.~~ Sec. 5165.82. (A) An order issued under section	103949
~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	103950
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	103951
medicaid payments to a nursing facility for all medicaid eligible	103952
residents admitted after its effective date, or an order issued	103953
under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74	103954
of the Revised Code denying ~~payment~~medicaid payments to a	103955
nursing facility for medicaid eligible residents admitted after	103956
the effective date of the order who have specified diagnoses or	103957
special care needs, shall also apply to individuals admitted to	103958
the facility on and after the effective date of the order who are	103959
not medicaid eligible residents but become medicaid eligible	103960
residents after admission. Such an order shall not apply to any of	103961
the following:	103962

(1) An individual who was a medicaid eligible resident of the	103963
facility on the day immediately preceding the effective date of	103964
the order and continues to be a medicaid eligible resident on and	103965
after that date;	103966

(2) An individual who was a resident of the facility on the	103967
day immediately preceding the effective date of the order,	103968
continues to be a resident on and after that date, and becomes	103969
medicaid eligible on or after that date;	103970

(3) An individual who was a medicaid eligible resident of the	103971
facility prior to the effective date of the order, is temporarily	103972
absent from the facility on that or a subsequent date due to	103973
hospitalization or participation in therapeutic programs outside	103974
the facility, and chooses to return to the facility;	103975

(4) An individual who was a resident of the facility prior to	103976
the effective date of the order, is temporarily absent from the	103977
facility on that or a subsequent date due to hospitalization or	103978
participation in therapeutic programs outside the facility,	103979
becomes medicaid eligible on or after that date, and chooses to	103980
return to the facility.	103981

(B) An order issued under section ~~5111.46~~5165.72 of the	103982
Revised Code denying ~~payment~~medicaid payments to a nursing	103983
facility for all medicaid eligible residents admitted after its	103984
effective date, or denying ~~payment~~medicaid payments to a facility	103985
for medicaid eligible residents admitted after the effective date	103986
of the order who have specified diagnoses or special care needs	103987
shall not take effect prior to the fifth day after the order is	103988
delivered to the facility. Such an order issued under section	103989
~~5111.47~~5165.73 or ~~5111.48~~5165.74 of the Revised Code shall not	103990
take effect prior to the twentieth day after it is delivered to	103991
the facility.	103992

(C) No nursing facility that has received an order under	103993
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	103994
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	103995
medicaid payments for all new admissions of medicaid eligible	103996
residents shall admit a medicaid eligible resident on or after the	103997
effective date of the order, unless the resident is described in	103998
division (A)(3) or (4) of this section, until the order is	103999
terminated pursuant to this section. No nursing facility that has	104000
received an order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73,	104001
or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	104002
payments to a nursing facility for new admissions of medicaid	104003
eligible residents with specified diagnoses or special care needs	104004
shall admit such a resident on or after the effective date of the	104005
order, unless the resident is described in division (A)(3) or (4)	104006
of this section, until the order is terminated pursuant to this	104007
section.	104008

(D) In the case of an order imposed under division (B) of	104009
section ~~5111.57~~5165.84 of the Revised Code, the department or	104010
agency shall appoint monitors in accordance with section ~~5111.44~~	104011
5165.70 of the Revised Code to conduct on-site monitoring.	104012

(E)(1) A facility may give written notice to the department	104013
of health whenever any of the following apply:	104014

(a) With respect to an order denying payment issued under	104015
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	104016
the Revised Code, either of the following is the case:	104017

(i) The facility has completed implementation of the plan of	104018
correction it submitted under section ~~5111.43~~5165.69 of the	104019
Revised Code and substantially corrected all deficiencies for	104020
which the order was issued.	104021

(ii) The facility has reduced the severity or scope of all of	104022
the deficiencies to a level at which sections ~~5111.46~~5165.72 to	104023
~~5111.48~~5165.74 of the Revised Code do not authorize the order.	104024

(b) With respect to an order denying payment issued under	104025
section ~~5111.51~~5165.77 of the Revised Code, the facility has	104026
eliminated the immediate jeopardy.	104027

(c) With respect to an order denying ~~payment~~medicaid	104028
payments issued under division (A) of section ~~5111.57~~5165.84 of	104029
the Revised Code, the facility has completed implementation of the	104030
plan of correction it submitted under section ~~5111.43~~5165.69 of	104031
the Revised Code and substantially corrected all deficiencies for	104032
which the order was issued.	104033

(d) With respect to an order denying ~~payment~~medicaid	104034
payments issued under division (B) of section ~~5111.57~~5165.84 of	104035
the Revised Code, both of the following are the case:	104036

(i) The facility has completed implementation of the plan of	104037
correction it submitted under section ~~5111.43~~5165.69 of the	104038
Revised Code and substantially corrected all deficiencies for	104039
which the order was issued.	104040

(ii) The facility is in compliance with certification	104041
requirements and has provided adequate assurance that it will	104042
remain in compliance with them.	104043

(2) Within ten working days after it receives the notice	104044
under division (E)(1) of this section, the department of health	104045
shall conduct a follow-up survey that focuses on the cited	104046
deficiency or deficiencies, unless the department is able to	104047
determine, on the basis of documentation provided by the facility,	104048
that the facility has completed the applicable action described in	104049
divisions (E)(1)(a) to (d) of this section. If the department of	104050
health makes that determination on the basis of the documentation,	104051
the department of ~~job and family services~~medicaid or contracting	104052
agency shall terminate the order denying ~~payment~~medicaid payments	104053
as of the date the facility completed the applicable action, as	104054
subsequently verified by the department of health. If the	104055
department of health conducts a follow-up survey, the department	104056
of ~~job and family services~~medicaid or contracting agency shall	104057
terminate the order denying ~~payment~~medicaid payments as of the	104058
date the department of health makes the determination that the	104059
facility completed the applicable action.	104060

(F) The department of ~~job and family services~~medicaid or	104061
contracting agency shall provide public notice implementing an	104062
order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~	104063
5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the Revised Code	104064
denying ~~payment~~medicaid payments to a nursing facility ~~under the~~	104065
~~medical assistance program~~ for all medicaid eligible residents by	104066
publishing in a newspaper of general circulation in the county in	104067
which the facility is located an announcement stating: "By order	104068
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	104069
name of contracting agency), effective on and after (effective	104070
date of order), (name of facility) is no longer authorized to	104071
admit Medicaid eligible residents." Immediately following	104072
termination of any such order, the department or agency shall	104073
publish in a newspaper of general circulation in the county in	104074
which the facility is located an announcement stating: "By order	104075
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	104076
name of contracting agency), effective on and after (effective	104077
date of termination), (name of facility) is hereby authorized to	104078
admit Medicaid eligible residents." Neither the department nor the	104079
contracting agency shall issue public notice of an order under	104080
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	104081
the Revised Code denying payment to a nursing facility for	104082
medicaid eligible residents with specified diagnoses or special	104083
care needs; public notice is not required for such an order to	104084
take effect.	104085

(G) A facility that complies with division (E) of this	104086
section shall not be considered to have admitted to the existence	104087
of the deficiency that constitutes the basis of the department's	104088
or agency's order.	104089

~~Sec. 5111.56.~~ Sec. 5165.83. (A) As used in this section,	104090
"certified beds" means beds certified under Title XVIII or Title	104091
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	104092
~~301, as amended~~.	104093

(B) If the department of ~~job and family services~~medicaid or	104094
a contracting agency imposes a fine on a nursing facility under	104095
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	104096
the Revised Code, it may impose one or more of the following:	104097

(1) One hundred sixty per cent of the amount calculated under	104098
division (C) of this section for any deficiency or cluster of	104099
deficiencies that constitutes a severity level four and scope	104100
level four finding;	104101

(2) One hundred forty per cent of the amount calculated under	104102
division (C) of this section for any deficiency or cluster of	104103
deficiencies that constitutes a severity level four and scope	104104
level three finding;	104105

(3) One hundred twenty per cent of the amount calculated	104106
under division (C) of this section for any deficiency or cluster	104107
of deficiencies that constitutes a severity level four and scope	104108
level two finding;	104109

(4) The amount calculated under division (C) of this section	104110
for any deficiency or cluster of deficiencies that constitutes a	104111
severity level four and scope level one finding or any deficiency	104112
or cluster of deficiencies that constitutes a severity level three	104113
and scope level four finding;	104114

(5) Ninety per cent of the amount calculated under division	104115
(C) of this section for any deficiency or cluster of deficiencies	104116
that constitutes a severity level three and scope level three	104117
finding;	104118

(6) Eighty per cent of the amount calculated under division	104119
(C) of this section for any deficiency or cluster of deficiencies	104120
that constitutes a severity level three and scope level two	104121
finding;	104122

(7) Seventy per cent of the amount calculated under division	104123
(C) of this section for any deficiency or cluster of deficiencies	104124
that constitutes a severity level three and scope level one	104125
finding;	104126

(8) Fifty per cent of the amount calculated under division	104127
(C) of this section for any deficiency or cluster of deficiencies	104128
that constitutes a severity level two and scope level four	104129
finding;	104130

(9) Forty per cent of the amount calculated under division	104131
(C) of this section for any deficiency or cluster of deficiencies	104132
that constitutes a severity level two and scope level three	104133
finding.	104134

(C) The amount subject to division (B) of this section shall	104135
be the product of multiplying two dollars and fifty cents for each	104136
day the fine is in effect by the total number of licensed nursing	104137
home beds or certified beds, whichever is greater, in the facility	104138
as of the date the deficiency or cluster of deficiencies that is	104139
the reason for the fine was cited.	104140

(D)(1) The department of ~~job and family services~~medicaid or	104141
contracting agency shall not impose on a facility, at any one	104142
time, more than four fines as a result of any one survey.	104143

(2) The department of ~~job and family services~~medicaid or	104144
contracting agency shall not impose more than one fine based on a	104145
deficiency or cluster of deficiencies. However, if the department	104146
of health, in a follow-up or other subsequent survey, finds a	104147
change in the scope or severity of the deficiency or cluster of	104148
deficiencies, the department of ~~job and family services~~medicaid	104149
or contracting agency may increase or decrease the fine in	104150
accordance with division (B) of this section to reflect the change	104151
in scope or severity. The department or agency shall give the	104152
facility written notice of the change in the amount of the fine.	104153
The change shall take effect on the date the follow-up or other	104154
subsequent survey is completed.	104155

If the department of health finds that a deficiency is a	104156
repeat deficiency, the department of ~~job and family services~~	104157
medicaid or contracting agency may impose a fine that is one	104158
hundred per cent greater than the fine specified in division (B)	104159
of this section for the deficiency.	104160

(E) The total amount of fines the department of ~~job and~~	104161
~~family services~~medicaid or contracting agency may impose on a	104162
facility in a single calendar year shall not exceed five hundred	104163
dollars for each licensed nursing home bed or certified bed,	104164
whichever is greater in number, in the facility.	104165

(F)(1) Except as provided in division (F)(2) of this section,	104166
the department of ~~job and family services~~medicaid or contracting	104167
agency shall not impose a fine under section ~~5111.46~~5165.72,	104168
~~5111.47~~5165.73, or ~~5111.48~~5165.74 of the Revised Code if the	104169
deficiency or cluster of deficiencies is substantially corrected	104170
within twenty days after the nursing facility receives the	104171
statement provided under division (B) of section ~~5111.49~~5165.75	104172
of the Revised Code. The department or agency shall inform the	104173
nursing facility in that statement that the fine will not be	104174
imposed if the deficiency or cluster of deficiencies is	104175
substantially corrected within the twenty-day period.	104176

(2) If a nursing facility has substantially corrected a	104177
deficiency or cluster of deficiencies within six months after the	104178
exit interview of a survey that was the basis for citing a	104179
deficiency or cluster of deficiencies, but after correcting it has	104180
been cited for the same deficiency or cluster of deficiencies by	104181
the department of health on the basis of a subsequent survey	104182
conducted during the remainder of the six-month period, the	104183
department of ~~job and family services~~medicaid or contracting	104184
agency may impose a fine beginning on the date of the exit	104185
interview of the subsequent survey.	104186

(G) Whenever a facility believes that it has completed	104187
implementation of the plan of correction it submitted under	104188
section ~~5111.43~~5165.69 of the Revised Code and substantially	104189
corrected the cited deficiency or cluster of deficiencies that is	104190
the basis for a fine, it may give written notice to that effect to	104191
the department of health. After receiving the notice, the	104192
department shall conduct a follow-up survey of the facility that	104193
focuses on the deficiency or cluster, unless the department is	104194
able to determine, on the basis of documentation provided by the	104195
facility, that the facility has substantially corrected the	104196
deficiency or cluster. If, based on the follow-up survey, the	104197
department establishes that the facility had not completed	104198
implementation of the plan of correction at the time the	104199
department received the notice, any fine based on the deficiency	104200
or cluster shall be doubled effective from the date the department	104201
received the notice. A facility that complies with this division	104202
shall not be considered to have admitted the existence of the	104203
deficiency or cluster that is the basis for the fine.	104204

(H) Except for a fine imposed under division (C) of section	104205
~~5111.46~~5165.72 of the Revised Code and as provided in division	104206
(F)(2) of this section, the department of ~~job and family services~~	104207
medicaid or contracting agency shall impose a fine only if the	104208
facility fails to give notice under division (G) of this section	104209
within twenty days after it receives the statement required by	104210
division (B) of section ~~5111.49~~5165.75 of the Revised Code or if	104211
the department of health determines, based on a follow-up survey,	104212
that the deficiency or cluster of deficiencies for which the fine	104213
is proposed has not been substantially corrected within the	104214
twenty-day period. The fine shall be imposed effective on the	104215
twenty-first day after the facility receives the statement under	104216
division (B) of section ~~5111.49~~5165.75 of the Revised Code. The	104217
fine shall remain in effect until the earliest of the following:	104218

(1) The date the department of health receives notice under	104219
division (G) of this section, unless the department determines, on	104220
the basis of a follow-up survey, that the deficiency or cluster of	104221
deficiencies that is the basis for the fine has not been	104222
substantially corrected as of that date;	104223

(2) The date on which the department of health makes a	104224
determination, on the basis of a follow-up survey, that the	104225
deficiency or cluster of deficiencies has been substantially	104226
corrected;	104227

(3) The date the facility substantially corrected the	104228
deficiency or cluster, as subsequently determined by the	104229
department of health on the basis of documentation provided by the	104230
facility.	104231

(I) Any fine imposed by the department of ~~job and family~~	104232
~~services~~medicaid or contracting agency under this section is	104233
subject to appeal under Chapter 119. of the Revised Code. If the	104234
facility does not request a hearing under Chapter 119. of the	104235
Revised Code and either pays or agrees in writing to pay the fine	104236
when payment becomes due under division (J) of this section, the	104237
department or agency shall reduce the fine by fifty per cent. The	104238
department or agency may compromise any claim for payment of a	104239
fine under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	104240
Revised Code.	104241

(J) The department of ~~job and family services~~medicaid or	104242
contracting agency shall collect interest on fines, at the rate	104243
per calendar month that equals one-twelfth of the rate per year	104244
prescribed by section 5703.47 of the Revised Code for the calendar	104245
year that includes the month for which the interest charge	104246
accrues. Payment of a fine is due, and interest begins to accrue	104247
on the unpaid fine or balance, on the thirty-first day after the	104248
department or agency issues a final adjudication order imposing	104249
the fine. If the deficiency or deficiencies on which the fine is	104250
based have not been corrected when the final adjudication order is	104251
issued, the payment is due, and interest begins to accrue on the	104252
unpaid fine or balance, on the thirty-first day after the	104253
deficiency or deficiencies are corrected and the department or	104254
agency mails a notice specifying the amount of the fine to the	104255
facility.	104256

(K) The department of ~~job and family services~~medicaid or	104257
contracting agency shall collect fines and interest imposed under	104258
this section through one of the following means:	104259

(1) A lump sum payment from the provider;

104260

(2) Periodic payments for a period not to exceed twelve	104261
months, in accordance with a schedule approved by the department	104262
or agency;	104263

(3) Appropriately reducing the amounts of medicaid payments	104264
made to the facility for ~~care~~nursing facility services provided	104265
to medicaid eligible residents for a period not to exceed twelve	104266
months following the date on which payment of the fine becomes due	104267
under division (J) of this section. An amount equal to the amount	104268
by which each payment is reduced shall be deposited to the credit	104269
of the residents protection fund in accordance with section	104270
~~5111.62~~5162.66 of the Revised Code.	104271

~~Sec. 5111.57.~~ Sec. 5165.84. (A) The department of ~~job and family~~	104272
~~services~~medicaid or a contracting agency shall issue an order	104273
denying ~~payment~~medicaid payments to a nursing facility for all	104274
medicaid eligible residents admitted to the facility on or after	104275
the effective date of the order, if the facility has failed to	104276
substantially correct within ninety days after the exit interview	104277
a deficiency or cluster of deficiencies in accordance with the	104278
plan of correction it submitted under section ~~5111.43~~5165.69 of	104279
the Revised Code, as determined by the department of health on the	104280
basis of a follow-up survey.	104281

(B) The department of ~~job and family services~~medicaid or	104282
contracting agency shall issue an order denying ~~payment~~medicaid	104283
payments to a nursing facility for all medicaid eligible residents	104284
admitted to the facility on or after the effective date of the	104285
order, if during three consecutive standard surveys conducted	104286
after December 13, 1990, the department of health has found a	104287
condition of substandard care in a facility.	104288

(C) An order issued under division (A) or (B) of this section	104289
shall take effect on the later of the date the facility receives	104290
the order or the date the public notice required under division	104291
(F) of section ~~5111.55~~5165.82 of the Revised Code is published.	104292
The order is subject to appeal under Chapter 119. of the Revised	104293
Code; however the order may take effect prior to or during the	104294
pendency of any hearing under that chapter. In that case, the	104295
department or agency shall provide the facility an opportunity for	104296
a hearing in accordance with section ~~5111.60~~5165.87 of the	104297
Revised Code.	104298

~~Sec. 5111.58.~~ Sec. 5165.85. (A) If a nursing facility notifies the	104299
department of ~~job and family services~~medicaid or a contracting	104300
agency, at any time during the six-month period following the exit	104301
interview of a survey that was the basis for citing a deficiency	104302
or deficiencies, that the deficiency or deficiencies have been	104303
substantially corrected in accordance with the plan of correction	104304
submitted and approved under section ~~5111.43~~5165.69 of the	104305
Revised Code, the department of health shall conduct a follow-up	104306
survey to determine whether the deficiency or deficiencies have	104307
been substantially corrected in accordance with the plan.	104308

(B) The department of ~~job and family services~~medicaid or a	104309
contracting agency shall terminate a nursing facility's	104310
participation in the ~~medical assistance~~medicaid program whenever	104311
the facility has not substantially corrected, within six months	104312
after the exit interview of the survey on the basis of which it	104313
was cited, a deficiency or deficiencies in accordance with the	104314
plan of correction submitted under section ~~5111.43~~5165.69 of the	104315
Revised Code, as determined by the department of health on the	104316
basis of a follow-up survey.	104317

(C) Unless the facility has substantially corrected the	104318
deficiency or deficiencies in accordance with the plan of	104319
correction, as determined by the department of health on the basis	104320
of a follow-up survey, the department of ~~job and family services~~	104321
medicaid or contracting agency shall deliver to the facility, at	104322
least thirty days prior to the day that is six months after the	104323
exit interview, a written order terminating the facility's	104324
participation in the ~~medical assistance~~medicaid program. The	104325
order shall take effect and the facility's participation shall	104326
terminate on the day that is six months after the exit interview.	104327
The order shall not take effect if, after it is delivered to the	104328
facility and prior to the effective date of the order, the	104329
department of health determines on the basis of a follow-up survey	104330
that the facility has corrected the deficiency or deficiencies.	104331

An order issued under this section is subject to appeal under	104332
Chapter 119. of the Revised Code; however, the order may take	104333
effect prior to or during the pendency of any hearing under that	104334
chapter. In that case, the department of ~~job and family services~~	104335
medicaid or contracting agency shall provide the facility an	104336
opportunity for a hearing in accordance with section ~~5111.60~~	104337
5165.87 of the Revised Code.	104338

(D) Except as provided in division (E) of this section,	104339
whenever the department of ~~job and family services~~medicaid or a	104340
contracting agency terminates a facility's participation in the	104341
~~medical assistance~~medicaid program pursuant to this section, the	104342
provider shall repay the department the federal share of all	104343
medicaid payments made by the department to the facility ~~under the~~	104344
~~medical assistance program~~ during the six-month period following	104345
the exit interview of the survey that was the basis for citing the	104346
deficiency or cluster of deficiencies. The provider shall repay	104347
the department within thirty days after the department repays to	104348
the federal government the federal share of medicaid payments made	104349
to the facility during that six-month period.	104350

(E) A provider is not required to repay the department of ~~job~~	104351
~~and family services~~medicaid if either of the following is the	104352
case:	104353

(1) The facility has brought an appeal under Chapter 119. of	104354
the Revised Code of termination of its participation in the	104355
~~medical assistance~~medicaid program, except that the provider	104356
shall repay the department of ~~job and family services~~medicaid	104357
within thirty days after the facility exhausts its right to appeal	104358
under that chapter.	104359

(2) The facility complied with the plan of correction	104360
approved by the department of health and the obligation to repay	104361
resulted from the department's failure to provide timely	104362
verification to the United States department of health and human	104363
services of the facility's compliance with the plan of correction.	104364

(F) If a provider's obligation to repay the department of ~~job~~	104365
~~and family services~~medicaid under division (D) of this section	104366
results from disallowance of federal financial participation by	104367
the United States department of health and human services, the	104368
provider shall not be required to repay the department of ~~job and~~	104369
~~family services~~medicaid until the federal disallowance becomes	104370
final.	104371

(G) Any fines paid under sections ~~5111.35~~5165.60 to ~~5111.62~~	104372
5165.89 of the Revised Code during any period for which the	104373
facility is required to repay the department of ~~job and family~~	104374
~~services~~medicaid under division (D) of this section shall be	104375
offset against the amount the provider is required to repay the	104376
department for that period.	104377

(H) Prior to a change of ownership of a facility for which a	104378
provider has an obligation to repay the department of ~~job and~~	104379
~~family services~~medicaid under division (D) of this section that	104380
has not become final, or has become final but not been paid, the	104381
department may do one or more of the following:	104382

(1) Require the provider to place money in escrow, or obtain	104383
a bond, in sufficient amount to indemnify the state against the	104384
provider's failure to repay the department after the change of	104385
ownership occurs;	104386

(2) Place a lien on the facility's real property;

104387

(3) Use any method to recover the medicaid payments that is	104388
available to the attorney general to recover payments on behalf of	104389
the department of ~~job and family services~~medicaid.	104390

~~Sec. 5111.59.~~ Sec. 5165.86. The department of ~~job and family~~	104391
~~services~~medicaid, the department of health, and any contracting	104392
agency shall deliver a written notice, statement, or order to a	104393
nursing facility under sections ~~5111.35~~5165.60 to ~~5111.41~~5165.66	104394
and ~~5111.43~~5165.69 to ~~5111.62~~5165.89 of the Revised Code by	104395
certified mail or hand delivery. If the notice, statement, or	104396
order is mailed, it shall be addressed to the administrator of the	104397
facility as indicated in the department's or agency's records. If	104398
it is hand delivered, it shall be delivered to a person at the	104399
facility who would appear to the average prudent person to have	104400
authority to accept it.	104401

Delivery of written notice by a nursing facility to the	104402
department of health, the department of ~~job and family services~~	104403
medicaid, or a contracting agency under sections ~~5111.35~~5165.60	104404
to ~~5111.62~~5165.89 of the Revised Code shall be by certified mail	104405
or hand delivery to the appropriate department or the agency.	104406

~~Sec. 5111.60.~~ Sec. 5165.87. (A) Except as provided in division (B)	104407
of this section, the following remedies are subject to appeal	104408
under Chapter 119. of the Revised Code:	104409

(1) An order issued under section ~~5111.45~~5165.71, ~~5111.46~~	104410
5165.72, ~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	104411
terminating a nursing facility's participation in the ~~medical~~	104412
~~assistance~~medicaid program;	104413

(2) Appointment of a temporary manager of a facility under	104414
division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72, or	104415
division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code;	104416

(3) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	104417
5165.73, ~~5111.48~~5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of	104418
the Revised Code denying ~~payment~~medicaid payments to a facility	104419
~~under the medical assistance program~~ for all medicaid eligible	104420
residents admitted after the effective date of the order;	104421

(4) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	104422
5165.73, or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~	104423
medicaid payments to a facility ~~under the medical assistance~~	104424
~~program~~ for medicaid eligible residents admitted after the	104425
effective date of the order who have certain diagnoses or special	104426
care needs specified by the department or agency;	104427

(5) A fine imposed under section ~~5111.46~~5165.72, ~~5111.47~~	104428
5165.73, or ~~5111.48~~5165.74 of the Revised Code.	104429

(B) The department of ~~job and family services~~medicaid or	104430
contracting agency may do any of the following prior to or during	104431
the pendency of any proceeding under Chapter 119. of the Revised	104432
Code:	104433

(1) Issue and execute an order under section ~~5111.46~~5165.72,	104434
~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	104435
terminating a nursing facility's participation in the ~~medical~~	104436
~~assistance~~medicaid program;	104437

(2) Appoint a temporary manager under division (A)(1)(b) or	104438
(2)(b) of section ~~5111.46~~5165.72 or division (A)(1)(d) of section	104439
~~5111.51~~5165.77 of the Revised Code;	104440

(3) Issue and execute an order under section ~~5111.46~~5165.72,	104441
~~5111.47~~5165.73, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the	104442
Revised Code denying ~~payment~~medicaid payments to a facility for	104443
all medicaid eligible residents admitted after the effective date	104444
of the order;	104445

(4) Issue and execute an order under section ~~5111.46~~5165.72	104446
or ~~5111.47~~5165.73 or division (A), (B), or (C) of section	104447
~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	104448
payments to a facility for medicaid eligible residents admitted	104449
after the effective date of the order who have specified diagnoses	104450
or special care needs.	104451

(C) Whenever the department or agency imposes a remedy listed	104452
in division (B) of this section prior to or during the pendency of	104453
a proceeding, all of the following apply:	104454

(1) The provider against whom the action is taken shall have	104455
ten days after the date the facility actually receives the notice	104456
specified in section 119.07 of the Revised Code to request a	104457
hearing.	104458

(2) The hearing shall commence within thirty days after the	104459
date the department or agency receives the provider's request for	104460
a hearing.	104461

(3) The hearing shall continue uninterrupted from day to day,	104462
except for Saturdays, Sundays, and legal holidays, unless other	104463
interruptions are agreed to by the provider and the department or	104464
agency.	104465

(4) If the hearing is conducted by a hearing examiner, the	104466
hearing examiner shall file a report and recommendations within	104467
ten days after the close of the hearing.	104468

(5) The provider shall have five days after the date the	104469
hearing officer files the report and recommendations within which	104470
to file objections to the report and recommendations.	104471

(6) Not later than fifteen days after the date the hearing	104472
officer files the report and recommendations, the medicaid	104473
director ~~of job and family services~~ or the director of the	104474
contracting agency shall issue an order approving, modifying, or	104475
disapproving the report and recommendations of the hearing	104476
examiner.	104477

(D) If the department or agency imposes more than one remedy	104478
as the result of deficiencies cited in a single survey, the	104479
proceedings for all of the remedies shall be consolidated. If any	104480
of the remedies are imposed during the pendency of a hearing, as	104481
permitted by division (B) of this section, the consolidated	104482
hearing shall be conducted in accordance with division (C) of this	104483
section. The consolidation of the remedies for purposes of a	104484
hearing does not affect the effective dates prescribed in sections	104485
~~5111.35~~5165.60 to ~~5111.58~~5168.85 of the Revised Code.	104486

(E) If a contracting agency conducts administrative	104487
proceedings pertaining to remedies imposed under sections ~~5111.35~~	104488
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department of	104489
~~job and family services~~medicaid shall not be considered a party	104490
to the proceedings.	104491

~~Sec. 5111.61.~~ Sec. 5165.88. (A)(1) Except as required by court	104492
order, as necessary for the administration or enforcement of any	104493
statute relating to nursing facilities, or as provided in division	104494
(C) of this section, the department of ~~job and family services~~	104495
medicaid and any contracting agency shall not release any of the	104496
following information without the permission of the individual or	104497
the individual's legal representative:	104498

(a) The identity of any resident of a nursing facility;

104499

(b) The identity of any individual who submits a complaint	104500
about a nursing facility;	104501

(c) The identity of any individual who provides the	104502
department or agency with information about a nursing facility and	104503
has requested confidentiality;	104504

(d) Any information that reasonably would tend to disclose	104505
the identity of any individual described in division (A)(1)(a) to	104506
(c) of this section.	104507

(2) An agency or individual to whom the department or	104508
contracting agency is required, by court order or for the	104509
administration or enforcement of a statute relating to nursing	104510
facilities, to release information described in division (A)(1) of	104511
this section shall not release the information without the	104512
permission of the individual who would be or would reasonably tend	104513
to be identified, or of the individual's legal representative,	104514
unless the agency or individual is required to release it by	104515
division (C) of this section, by court order, or for the	104516
administration or enforcement of a statute relating to nursing	104517
facilities.	104518

(B) Except as provided in division (C) of this section, any	104519
record that identifies an individual described in division (A)(1)	104520
of this section or that reasonably would tend to identify such an	104521
individual is not a public record for the purposes of section	104522
149.43 of the Revised Code, and is not subject to inspection and	104523
copying under section 1347.08 of the Revised Code.	104524

(C) If the department or a contracting agency, or an agency	104525
or individual to whom the department or contracting agency was	104526
required by court order or for administration or enforcement of a	104527
statute relating to nursing facilities to release information	104528
described in division (A)(1) of this section, uses information in	104529
any administrative or judicial proceeding against a facility that	104530
reasonably would tend to identify an individual described in	104531
division (A)(1) of this section, the department, agency, or	104532
individual shall disclose that information to the facility.	104533
However, the department, agency, or individual shall not disclose	104534
information that directly identifies an individual described in	104535
divisions (A)(1)(a) to (c) of this section, unless the individual	104536
is to testify in the proceedings.	104537

(D) No person shall knowingly register a false complaint	104538
about a nursing facility with the department or a contracting	104539
agency, or knowingly swear or affirm the truth of a false	104540
complaint, when the allegation is made for the purpose of	104541
incriminating another.	104542

~~Sec. 5111.63.~~ Sec. 5165.89. ~~For the purposes of this section,~~	104543
~~"facility," "medicare," and "medicaid" have the same meanings as~~	104544
~~in section 3721.10 of the Revised Code.~~	104545

The department of health shall be the designee of the	104546
department of ~~job and family services~~medicaid for the purpose of	104547
conducting a hearing pursuant to section 3721.162 of the Revised	104548
Code concerning a nursing facility's decision to transfer or	104549
discharge a resident if the resident is a medicaid recipient or	104550
medicare beneficiary.	104551

~~Sec. 5111.99.~~ Sec. 5165.99. (A) Whoever violates ~~division (B) of~~	104552
section ~~5111.26~~5165.102 or division (E) of section ~~5111.31~~	104553
5165.08 of the Revised Code shall be fined not less than five	104554
hundred dollars nor more than one thousand dollars for the first	104555
offense and not less than one thousand dollars nor more than five	104556
thousand dollars for each subsequent offense. Fines paid under	104557
this section shall be deposited in the state treasury to the	104558
credit of the general revenue fund.	104559

(B) Whoever violates division (D) of section ~~5111.61~~5165.88	104560
of the Revised Code is guilty of registering a false complaint, a	104561
misdemeanor of the first degree.	104562

Sec. 5166.01. As used in this chapter:

104563

"Administrative agency" means, with respect to a home and	104564
community-based services medicaid waiver component, the department	104565
of medicaid or, if a state agency or political subdivision	104566
contracts with the department under section 5162.35 of the Revised	104567
Code to administer the component, that state agency or political	104568
subdivision.	104569

"Dual eligible individual" has the same meaning as in section	104570
5160.01 of the Revised Code.	104571

"Home and community-based services medicaid waiver component"	104572
means a medicaid waiver component under which home and	104573
community-based services are provided as an alternative to	104574
hospital services, nursing facility services, or ICF/MR services.	104575

"Hospital" has the same meaning as in section 3727.01 of the	104576
Revised Code.	104577

"Hospital long-term care unit" has the same meaning as in	104578
section 5168.40 of the Revised Code.	104579

"ICDS participant" means a dual eligible individual who	104580
participates in the integrated care delivery system.	104581

"ICF/MR" and "ICF/MR services" have the same meanings as in	104582
section 5124.01 of the Revised Code.	104583

"Integrated care delivery system" and "ICDS" mean the	104584
demonstration project authorized by section 5164.91 of the Revised	104585
Code.	104586

"Level of care determination" means a determination of	104587
whether an individual needs the level of care provided by a	104588
hospital, nursing facility, or ICF/MR and whether the individual,	104589
if determined to need that level of care, would receive hospital	104590
services, nursing facility services, or ICF/MR services if not for	104591
a home and community-based services medicaid waiver component.	104592

"Medicaid services" has the same meaning as in section	104593
5164.01 of the Revised Code.	104594

"Medicaid waiver component" means a component of the medicaid	104595
program authorized by a waiver granted by the United States	104596
department of health and human services under the "Social Security	104597
Act," section 1115 or 1915, 42 U.S.C. 1315 or 1396n. "Medicaid	104598
waiver component" does not include a care management system	104599
established under section 5167.03 of the Revised Code.	104600

"Nursing facility" and "nursing facility services" have the	104601
same meanings as in section 5165.01 of the Revised Code.	104602

"Ohio home care waiver program" means the home and	104603
community-based services medicaid waiver component that is known	104604
as Ohio home care and was created pursuant to section 5166.11 of	104605
the Revised Code.	104606

"Ohio transitions II aging carve-out program" means the home	104607
and community-based services medicaid waiver component that is	104608
known as Ohio transitions II aging carve-out and was created	104609
pursuant to section 5166.11 of the Revised Code.	104610

"Provider agreement" has the same meaning as in section	104611
5164.01 of the Revised Code.	104612

"Residential treatment facility" means a residential facility	104613
licensed by the department of mental health and addiction services	104614
under section 5119.34 of the Revised Code, or an institution	104615
certified by the department of job and family services under	104616
section 5103.03 of the Revised Code, that serves children and	104617
either has more than sixteen beds or is part of a campus of	104618
multiple facilities or institutions that, combined, have a total	104619
of more than sixteen beds.	104620

"Skilled nursing facility" has the same meaning as in section	104621
5165.01 of the Revised Code.	104622

"Unified long-term services and support medicaid waiver	104623
component" means the medicaid waiver component authorized by	104624
section 5166.14 of the Revised Code.	104625

~~Sec. 5111.85.~~ Sec. 5166.02. (A) ~~As used in this section and~~	104626
~~sections 5111.851 to 5111.856 of the Revised Code:~~	104627

~~"Home and community-based services medicaid waiver component"~~	104628
~~means a medicaid waiver component under which home and~~	104629
~~community-based services are provided as an alternative to~~	104630
~~hospital, nursing facility, or intermediate care facility for the~~	104631
~~mentally retarded services.~~	104632

~~"Hospital" has the same meaning as in section 3727.01 of the~~	104633
~~Revised Code.~~	104634

~~"Intermediate care facility for the mentally retarded" has~~	104635
~~the same meaning as in section 5111.20 of the Revised Code.~~	104636

~~"Medicaid waiver component" means a component of the medicaid~~	104637
~~program authorized by a waiver granted by the United States~~	104638
~~department of health and human services under section 1115 or 1915~~	104639
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	104640
~~1315 or 1396n. "Medicaid waiver component" does not include a care~~	104641
~~management system established under section 5111.16 of the Revised~~	104642
~~Code.~~	104643

~~"Nursing facility" has the same meaning as in section 5111.20~~	104644
~~of the Revised Code.~~	104645

~~(B)~~ The medicaid director ~~of job and family services may~~	104646
shall adopt rules ~~under~~in accordance with Chapter 119. of the	104647
Revised Code governing medicaid waiver components ~~that~~. The rules	104648
may establish all of the following:	104649

(1) Eligibility requirements for the medicaid waiver	104650
components;	104651

(2) The type, amount, duration, and scope of medicaid	104652
services the medicaid waiver components ~~provide~~cover;	104653

(3) The conditions under which the medicaid waiver components	104654
cover medicaid services;	104655

(4) The ~~amount~~amounts the medicaid waiver components pay for	104656
medicaid services or the ~~method~~methods by which the ~~amount is~~	104657
amounts are determined;	104658

(5) The ~~manner~~manners in which the medicaid waiver	104659
components pay for medicaid services;	104660

(6) Safeguards for the health and welfare of medicaid	104661
recipients receiving medicaid services under a medicaid waiver	104662
component;	104663

(7) Procedures for prioritizing and approving for enrollment	104664
individuals who are eligible for a home and community-based	104665
services medicaid waiver component and choose to be enrolled in	104666
the component;	104667

(8) Procedures for enforcing the rules, including	104668
establishing corrective action plans for, and imposing financial	104669
and administrative sanctions on, persons and government entities	104670
that violate the rules. Sanctions shall include terminating	104671
~~medicaid~~ provider agreements. The procedures shall include due	104672
process protections.	104673

(9) Other policies necessary for the efficient administration	104674
of the medicaid waiver components.	104675

~~(C)~~(B) The director ~~of job and family services~~ may adopt	104676
different rules for the different medicaid waiver components. The	104677
rules shall be consistent with the terms of the waiver authorizing	104678
the medicaid waiver component.	104679

~~(D)~~(C) The following apply to procedures established under	104680
division ~~(B)~~(A)(7) of this section:	104681

(1) Any such procedures established for the medicaid-funded	104682
component of the PASSPORT program shall be consistent with section	104683
~~173.401~~173.521 of the Revised Code.	104684

(2) Any such procedures established for the medicaid-funded	104685
component of the assisted living program shall be consistent with	104686
section 173.542 of the Revised Code.	104687

(3) Any such procedures established for the Ohio home care	104688
waiver program shall be consistent with section ~~5111.862~~5166.121	104689
of the Revised Code.	104690

~~(3)~~(4) Any such procedures established for the unified	104691
long-term services and support medicaid waiver program shall be	104692
consistent with section ~~5111.865~~5166.141 of the Revised Code.	104693

~~(4) Any such procedures established for the medicaid-funded~~	104694
~~component of the assisted living program shall be consistent with~~	104695
~~section 5111.894 of the Revised Code.~~	104696

~~Sec. 5111.84.~~ Sec. 5166.03. The medicaid director ~~of job and family~~	104697
~~services~~ may not submit a request to the United States secretary	104698
of health and human services for a medicaid waiver under ~~section~~	104699
~~1115 of~~ the "Social Security Act ~~of 1935~~," section 1115, 42 U.S.C.	104700
1315, unless the director provides the speaker of the house of	104701
representatives and president of the senate written notice of the	104702
director's intent to submit the request at least ten days before	104703
the date the director submits the request to the United States	104704
secretary. The notice shall include a detailed explanation of the	104705
medicaid waiver the director proposes to seek.	104706

~~Sec. 5111.851.~~ Sec. 5166.04. ~~(A) As used in sections 5111.851 to~~	104707
~~5111.855 of the Revised Code:~~	104708

~~"Administrative agency" means, with respect to a home and~~	104709
~~community-based services medicaid waiver component, the department~~	104710
of ~~job and family services~~ or, if a state agency or political	104711
subdivision contracts with the ~~department~~ under section 5111.91	104712
of the Revised Code to administer the component, that state agency	104713
or political subdivision.	104714

~~"Level of care determination" means a determination of~~	104715
~~whether an individual needs the level of care provided by a~~	104716
~~hospital, nursing facility, or intermediate care facility for the~~	104717
~~mentally retarded and whether the individual, if determined to~~	104718
~~need that level of care, would receive hospital, nursing facility,~~	104719
or ~~intermediate care facility for the mentally retarded~~ services	104720
if not for a home and community-based services medicaid waiver	104721
component.	104722

~~"Medicaid buy-in for workers with disabilities program" means~~	104723
~~the component of the medicaid program established under sections~~	104724
~~5111.70 to 5111.7011 of the Revised Code.~~	104725

~~"Skilled nursing facility" means a facility certified as a~~	104726
~~skilled nursing facility under Title XVIII of the "Social Security~~	104727
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.~~	104728

~~(B)~~ The following requirements apply to each home and	104729
community-based services medicaid waiver component:	104730

~~(1)~~(A) Only an individual who qualifies for a component shall	104731
receive that component's medicaid services.	104732

~~(2)~~(B) A level of care determination shall be made as part of	104733
the process of determining whether an individual qualifies for a	104734
component and shall be made each year after the initial	104735
determination if, during such a subsequent year, the	104736
administrative agency determines there is a reasonable indication	104737
that the individual's needs have changed.	104738

~~(3)~~(C) A written plan of care or individual service plan	104739
based on an individual assessment of the medicaid services that an	104740
individual needs to avoid needing admission to a hospital, nursing	104741
facility, or ~~intermediate care facility for the mentally retarded~~	104742
ICF/MR shall be created for each individual determined eligible	104743
for a component.	104744

~~(4)~~(D) Each individual determined eligible for a component	104745
shall receive that component's medicaid services in accordance	104746
with the individual's level of care determination and written plan	104747
of care or individual service plan.	104748

~~(5)~~(E) No individual may receive medicaid services under a	104749
component while the individual is a hospital inpatient or resident	104750
of a skilled nursing facility, nursing facility, or ~~intermediate~~	104751
~~care facility for the mentally retarded~~ICF/MR.	104752

~~(6)~~(F) No individual may receive prevocational, educational,	104753
or supported employment services under a component if the	104754
individual is eligible for such services that are funded with	104755
federal funds provided under 29 U.S.C. 730 or the "Individuals	104756
with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C.	104757
1400, as amended.	104758

~~(7)~~(G) Safeguards shall be taken to protect the health and	104759
welfare of individuals receiving medicaid services under a	104760
component, including safeguards established in rules adopted under	104761
section ~~5111.85~~5166.02 of the Revised Code and safeguards	104762
established by licensing and certification requirements that are	104763
applicable to the providers of that component's medicaid services.	104764

~~(8)~~(H) No medicaid services may be provided under a component	104765
by a provider that is subject to standards that the "Social	104766
Security Act," section 1616(e)(1), 42 U.S.C. 1382e(e)(1), requires	104767
be established if the provider fails to comply with the standards	104768
applicable to the provider.	104769

~~(9)~~(I) Individuals determined to be eligible for a component,	104770
or such individuals' representatives, shall be informed of that	104771
component's medicaid services, including any choices that the	104772
individual or representative may make regarding the component's	104773
medicaid services, and given the choice of either receiving	104774
medicaid services under that component or, as appropriate,	104775
hospital services, nursing facility services, or ~~intermediate care~~	104776
~~facility for the mentally retarded~~ICF/MR services.	104777

~~(10) No individual shall lose eligibility for services under~~	104778
~~a component, or have the services reduced or otherwise disrupted,~~	104779
~~on the basis that the individual also receives services under the~~	104780
~~medicaid buy-in for workers with disabilities program.~~	104781

~~(11) No individual shall lose eligibility for services under~~	104782
~~a component, or have the services reduced or otherwise disrupted,~~	104783
~~on the basis that the individual's income or resources increase to~~	104784
~~an amount above the eligibility limit for the component if the~~	104785
~~individual is participating in the medicaid buy-in for workers~~	104786
~~with disabilities program and the amount of the individual's~~	104787
~~income or resources does not exceed the eligibility limit for the~~	104788
~~medicaid buy-in for workers with disabilities program.~~	104789

~~(12) No individual receiving services under a component shall~~	104790
~~be required to pay any cost sharing expenses for the services for~~	104791
~~any period during which the individual also participates in the~~	104792
~~medicaid buy-in for workers with disabilities program.~~	104793

~~Sec. 5111.852.~~ Sec. 5166.05. The department of ~~job and family~~	104794
~~services~~medicaid may review and approve, modify, or deny written	104795
plans of care and individual service plans that section ~~5111.851~~	104796
5166.04 of the Revised Code requires be created for individuals	104797
determined eligible for a home and community-based services	104798
medicaid waiver component. If a state agency or political	104799
subdivision contracts with the department under section ~~5111.91~~	104800
5162.35 of the Revised Code to administer a home and	104801
community-based services medicaid waiver component and approves,	104802
modifies, or denies a written plan of care or individual service	104803
plan pursuant to the agency's or subdivision's administration of	104804
the component, the department may review the agency's or	104805
subdivision's approval, modification, or denial and order the	104806
agency or subdivision to reverse or modify the approval,	104807
modification, or denial. The state agency or political subdivision	104808
shall comply with the department's order.	104809

The department of ~~job and family services~~medicaid shall be	104810
granted full and immediate access to any records the department	104811
needs to implement its duties under this section.	104812

~~Sec. 5111.853.~~ Sec. 5166.06. Each administrative agency shall	104813
maintain, for a period of time the department of ~~job and family~~	104814
~~services~~medicaid shall specify, financial records documenting	104815
the costs of medicaid services provided under the home and	104816
community-based services medicaid waiver components that the	104817
agency administers, including records of independent audits. The	104818
administrative agency shall make the financial records available	104819
on request to the United States secretary of health and human	104820
services, United States comptroller general, and their designees.	104821

~~Sec. 5111.854.~~ Sec. 5166.07. Each administrative agency is	104822
financially accountable for funds expended for medicaid services	104823
~~provided under~~covered by the home and community-based services	104824
medicaid waiver components that the agency administers.	104825

~~Sec. 5111.855.~~ Sec. 5166.08. Each state agency and political	104826
subdivision that enters into a contract with the department of ~~job~~	104827
~~and family services~~medicaid under section ~~5111.91~~5162.35 of the	104828
Revised Code to administer a home and community-based services	104829
medicaid waiver component, or one or more aspects of such a	104830
component, shall provide the department a written assurance that	104831
the agency or subdivision will not violate any of the requirements	104832
of sections ~~5111.85~~5166.01 to ~~5111.854~~5166.07 of the Revised	104833
Code.	104834

~~Sec. 5111.856.~~ Sec. 5166.10. To the extent necessary for the	104835
efficient and economical administration of medicaid waiver	104836
components, the department of ~~job and family services~~medicaid may	104837
transfer an individual enrolled in a medicaid waiver component	104838
administered by the department to another medicaid waiver	104839
component the department administers if the individual is eligible	104840
for the medicaid waiver component and the transfer does not	104841
jeopardize the individual's health or safety.	104842

~~Sec. 5111.86.~~ Sec. 5166.11. (A) As used in this section:

104843

~~(1) "Hospital" has the same meaning as in section 3727.01 of~~	104844
~~the Revised Code.~~	104845

~~(2) "Medicaid waiver component" has the same meaning as in~~	104846
~~section 5111.85 of the Revised Code.~~	104847

~~(3) "Nursing facility" has the same meaning as in section~~	104848
~~5111.20 of the Revised Code.~~	104849

~~(4)~~, "Ohio home care program" means the program the	104850
department of ~~job and family services~~medicaid administers that	104851
provides state plan services and medicaid waiver component	104852
services pursuant to rules adopted ~~under sections 5111.01 and~~	104853
~~5111.02 of the Revised Code~~for the medicaid program and a	104854
medicaid waiver that went into effect July 1, 1998.	104855

(B) The ~~director~~department of ~~job and family services~~	104856
medicaid may ~~submit requests to the United States secretary of~~	104857
~~health and human services pursuant to section 1915 of the "Social~~	104858
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended,~~	104859
~~to obtain waivers of federal medicaid requirements that would~~	104860
~~otherwise be violated in the creation and implementation of~~create	104861
and administer two or more medicaid waiver components under which	104862
home and community-based services are provided to eligible	104863
individuals who need the level of care provided by a nursing	104864
facility or hospital. In administering the ~~requests~~medicaid	104865
waiver components, the ~~director~~department may specify the	104866
following:	104867

(1) The maximum number of individuals who may be enrolled in	104868
each of the medicaid waiver components ~~included in the requests~~;	104869

(2) The maximum amount the medicaid program may expend each	104870
year for each individual enrolled in the medicaid waiver	104871
components;	104872

(3) The maximum amount the medicaid program may expend each	104873
year for all individuals enrolled in the medicaid waiver	104874
components;	104875

(4) Any other requirements the ~~director~~department selects	104876
for the medicaid waiver components.	104877

(C) ~~If the secretary approves the medicaid waivers requested~~	104878
~~under this section, the director may create and implement the~~	104879
~~medicaid waiver components in accordance with the provisions of~~	104880
~~the approved waivers. The department of job and family services~~	104881
~~shall administer the medicaid waiver components.~~	104882

(D) After the first of any of the medicaid waiver components	104883
~~created~~that the department administers under this section begins	104884
to enroll eligible individuals, the ~~director~~department may	104885
~~submit to the United States secretary of health and human services~~	104886
~~an amendment to a medicaid waiver component of the Ohio home care~~	104887
~~program authorizing the department to~~ cease ~~enrolling~~to enroll	104888
additional individuals in ~~that~~a medicaid waiver component of the	104889
Ohio home care program. ~~If the secretary approves the amendment,~~	104890
~~the director may cease to enroll additional individuals in that~~	104891
~~medicaid waiver component of the Ohio home care program.~~	104892

~~Sec. 5111.861.~~ Sec. 5166.12. (~~A) As used in this section:~~

104893

~~"Medicaid waiver component" has the same meaning as in~~	104894
~~section 5111.85 of the Revised Code.~~	104895

~~"Unified long-term services and support medicaid waiver~~	104896
~~component" means the medicaid waiver component authorized by~~	104897
~~section 5111.864 of the Revised Code.~~	104898

~~(B) Subject to division (C) of this section, there is hereby~~	104899
~~created the Ohio home care program. The program shall provide home~~	104900
~~and community-based services. The department of job and family~~	104901
~~services medicaid shall administer the program.~~	104902

~~(C)~~ If the unified long-term services and support medicaid	104903
waiver component is created, the departments of aging and ~~job and~~	104904
~~family services~~medicaid shall ~~work together~~collaborate to	104905
determine whether the Ohio home care waiver program should	104906
continue to operate as a separate medicaid waiver component or be	104907
terminated. If the departments determine that the Ohio home care	104908
waiver program should be terminated, the program shall cease to	104909
exist on a date the departments shall specify.	104910

~~Sec. 5111.862.~~ Sec. 5166.121. (A) ~~As used in this section:~~

104911

~~"Hospital long-term care unit" has the same meaning as in~~	104912
~~section 3721.50 of the Revised Code.~~	104913

~~"Nursing facility" has the same meaning as in section 5111.20~~	104914
~~of the Revised Code.~~	104915

~~"Ohio home care program" means the medicaid waiver component~~	104916
~~created under section 5111.861 of the Revised Code.~~	104917

~~"Residential treatment facility" means a residential facility~~	104918
~~licensed by the department of mental health under section 5119.22~~	104919
~~of the Revised Code, or an institution certified by the department~~	104920
~~of job and family services under section 5103.03 of the Revised~~	104921
~~Code, that serves children and either has more than sixteen beds~~	104922
~~or is part of a campus of multiple facilities or institutions~~	104923
~~that, combined, have a total of more than sixteen beds.~~	104924

~~(B) Subject to division (C) of~~Unless the Ohio home care	104925
waiver program is terminated pursuant to section ~~5111.861~~5165.12	104926
of the Revised Code, the department of ~~job and family services~~	104927
medicaid shall establish a home first component for the Ohio home	104928
care waiver program. An individual is eligible for the Ohio home	104929
care waiver program's home first component if the individual has	104930
been determined to be eligible for the Ohio home care waiver	104931
program and at least one of the following applies:	104932

(1) If the individual is under twenty-one years of age, the	104933
individual received inpatient hospital services for at least	104934
fourteen consecutive days, or had at least three inpatient	104935
hospital stays during the twelve months, immediately preceding the	104936
date the individual applies for the Ohio home care waiver program.	104937

(2) If the individual is at least twenty-one but less than	104938
sixty years of age, the individual received inpatient hospital	104939
services for at least fourteen consecutive days immediately	104940
preceding the date the individual applies for the Ohio home care	104941
waiver program.	104942

(3) The individual received private duty nursing services	104943
under the medicaid program for at least twelve consecutive months	104944
immediately preceding the date the individual applies for the Ohio	104945
home care waiver program.	104946

(4) The individual does not reside in a nursing facility or	104947
hospital long-term care unit at the time the individual applies	104948
for the Ohio home care waiver program but is at risk of imminent	104949
admission to a nursing facility or hospital long-term care unit	104950
due to a documented loss of a primary caregiver.	104951

(5) The individual resides in a nursing facility at the time	104952
the individual applies for the Ohio home care waiver program.	104953

(6) At the time the individual applies for the Ohio home care	104954
waiver program, the individual participates in the money follows	104955
the person demonstration project authorized by section 6071 of the	104956
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	104957
and either resides in a residential treatment facility or	104958
inpatient hospital setting.	104959

~~(C)~~(B) An individual determined to be eligible for the home	104960
first component of the Ohio home care waiver program shall be	104961
enrolled in the ~~Ohio home care~~ program in accordance with rules	104962
adopted under section ~~5111.85~~5166.02 of the Revised Code.	104963

~~Sec. 5111.863.~~ Sec. 5166.13. ~~(A) As used in this section:~~

104964

~~"Medicaid waiver component" has the same meaning as in~~	104965
~~section 5111.85 of the Revised Code.~~	104966

~~"Unified long-term services and support medicaid waiver~~	104967
~~component" means the medicaid waiver component authorized by~~	104968
~~section 5111.864 of the Revised Code.~~	104969

~~(B) Subject to division (C) of this section, there is hereby~~	104970
~~created the Ohio transitions II aging carve-out program. The~~	104971
~~program shall provide home and community-based services. The~~	104972
~~department of job and family services shall administer the~~	104973
~~program.~~	104974

~~(C)~~ If the unified long-term services and support medicaid	104975
waiver component is created, the departments of aging and ~~job and~~	104976
~~family services~~medicaid shall ~~work together~~collaborate to	104977
determine whether the Ohio transitions II aging carve-out program	104978
should continue to operate as a separate medicaid waiver component	104979
or be terminated. If the departments determine that the Ohio	104980
transitions II aging carve-out program should be terminated, the	104981
program shall cease to exist on a date the departments shall	104982
specify.	104983

~~Sec. 5111.864.~~ Sec. 5166.14. ~~(A) As used in this section:~~

104984

~~"Medicaid waiver component" has the same meaning as in~~	104985
~~section 5111.85 of the Revised Code.~~	104986

~~"Nursing facility" has the same meaning as in section 5111.20~~	104987
~~of the Revised Code.~~	104988

~~(B)~~ The ~~director~~department of ~~job and family services~~	104989
medicaid shall ~~submit a request to the United States secretary of~~	104990
~~health and human services pursuant to section 1915n of the "Social~~	104991
~~Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended,~~	104992
~~to obtain approval to~~ create a unified long-term services and	104993
support medicaid waiver component to provide home and	104994
community-based services to eligible individuals of any age who	104995
require the level of care provided by nursing facilities. The	104996
~~director~~department of ~~job and family services~~medicaid shall ~~work~~	104997
collaborate with the ~~director~~department of aging in ~~seeking~~	104998
~~approval of the unified long-term services and support medicaid~~	104999
~~waiver component and, if the approval is obtained, in~~ creating and	105000
implementing the component.	105001

~~If the request to create the unified long-term services and~~	105002
~~support medicaid waiver component is approved, the~~The medicaid	105003
director ~~of job and family services, working~~shall collaborate	105004
with the director of aging~~, shall adopt~~when adopting rules under	105005
section ~~5111.85~~5166.02 of the Revised Code to implement the	105006
component. ~~The rules may authorize the director of aging to adopt~~	105007
~~rules in accordance with Chapter 119. of the Revised Code~~	105008
~~governing aspects of the unified long-term services and support~~	105009
~~medicaid waiver component.~~	105010

~~Sec. 5111.865.~~ Sec. 5166.141. ~~(A) As used in this section,~~	105011
~~"unified long-term services and support medicaid waiver program"~~	105012
~~or "program" means the medicaid waiver component authorized by~~	105013
~~section 5111.864 of the Revised Code.~~	105014

~~(B) If the United States secretary of health and human~~	105015
~~services approves the request submitted under section 5111.864 of~~	105016
~~the Revised Code to create the unified long-term services and~~	105017
~~support medicaid waiver program, the~~The department of ~~job and~~	105018
~~family services~~medicaid shall establish a home first component	105019
for the unified long-term services and support medicaid waiver	105020
program. The home first component shall be similar to the home	105021
first component of the medicaid-funded component of the PASSPORT	105022
program established under section ~~173.401~~173.521 of the Revised	105023
Code, ~~the home first component of the Ohio home care program~~	105024
~~established under section 5111.862 of the Revised Code, and~~ the	105025
home first component of the medicaid-funded component of the	105026
assisted living program established under section ~~5111.894~~173.542	105027
of the Revised Code, and the home first component of the Ohio home	105028
care waiver program established under section 5166.121 of the	105029
Revised Code.	105030

Sec. 5166.16. (A) As used in this section, "ODA or MCD	105031
medicaid waiver component" means all of the following:	105032

(1) The medicaid-funded component of the PASSPORT program,	105033
unless it is terminated pursuant to division (C) of section 173.52	105034
of the Revised Code;	105035

(2) The choices program, unless it is terminated pursuant to	105036
division (B) of section 173.53 of the Revised Code;	105037

(3) The medicaid-funded component of the assisted living	105038
program, unless it is terminated pursuant to division (C) of	105039
section 173.54 of the Revised Code;	105040

(4) The Ohio home care waiver program, unless it is	105041
terminated pursuant to section 5166.12 of the Revised Code;	105042

(5) The Ohio transitions II aging carve-out program, unless	105043
it is terminated pursuant to section 5166.13 of the Revised Code.	105044

(B) The medicaid director may create a home and	105045
community-based services medicaid waiver component as part of the	105046
integrated care delivery system. If the ICDS medicaid waiver	105047
component is created, both of the following apply:	105048

(1) The department of medicaid shall administer it;

105049

(2) When it begins to accept enrollments, no ICDS participant	105050
who is eligible for the ICDS medicaid waiver component shall be	105051
enrolled in an ODA or MCD medicaid waiver component regardless of	105052
whether the participant prefers to remain or be enrolled in an ODA	105053
or MCD medicaid waiver component.	105054

(C) A dual eligible individual who is eligible for an ODA or	105055
MCD medicaid waiver component may enroll in the component before	105056
the individual becomes an ICDS participant. The dual eligible	105057
individual shall disenroll from the ODA or MCD medicaid waiver	105058
component and enroll in the ICDS medicaid waiver component once	105059
the individual becomes an ICDS participant and it is possible to	105060
enroll the individual in the ICDS medicaid waiver component. The	105061
disenrollment from the ODA or MCD medicaid waiver component and	105062
enrollment into the ICDS medicaid waiver component shall occur	105063
regardless of whether the individual prefers to remain enrolled in	105064
the ODA or MCD medicaid waiver component.	105065

(D) An ICDS participant's disenrollment from an ODA or MCD	105066
medicaid waiver component and enrollment in the ICDS medicaid	105067
waiver component resulting from division (B)(2) or (C) of this	105068
section shall be accomplished without a disruption in the	105069
participant's services under the components.	105070

~~Sec. 5111.87.~~ Sec. 5166.20. (A) ~~As used in this section and section~~	105071
~~5111.871 of the Revised Code:~~	105072

~~(1) "Intermediate care facility for the mentally retarded"~~	105073
~~has the same meaning as in section 5111.20 of the Revised Code.~~	105074

~~(2) "Medicaid waiver component" has the same meaning as in~~	105075
~~section 5111.85 of the Revised Code.~~	105076

~~(B)~~ The ~~director~~department of ~~job and family services~~	105077
medicaid may ~~apply to the United States secretary of health and~~	105078
~~human services for both of~~create the following:	105079

(1) One or more medicaid waiver components under which home	105080
and community-based services are provided to individuals with	105081
mental retardation or other developmental disability as an	105082
alternative to placement in ~~an intermediate care facility for the~~	105083
~~mentally retarded~~ICFs/MR;	105084

(2) One or more medicaid waiver components under which home	105085
and community-based services are provided in the form of any of	105086
the following:	105087

(a) Early intervention and supportive services for children	105088
under three years of age who have developmental delays or	105089
disabilities the ~~director~~department determines are significant;	105090

(b) Therapeutic services for children who have autism;

105091

(c) Specialized habilitative services for individuals who are	105092
eighteen years of age or older and have autism.	105093

~~(C)~~(B) No medicaid waiver component ~~authorized by~~created	105094
pursuant to division ~~(B)~~(A)(2)(b) or (c) of this section shall	105095
provide services that are available under another medicaid waiver	105096
component. No medicaid waiver component ~~authorized by~~created	105097
pursuant to division ~~(B)~~(A)(2)(b) of this section shall provide	105098
services to an individual that the individual is eligible to	105099
receive through an individualized education program as defined in	105100
section 3323.01 of the Revised Code.	105101

~~(D)~~(C) The director of developmental disabilities orand	105102
director of health may request that the ~~director~~department of ~~job~~	105103
~~and family services apply for~~medicaid create one or more medicaid	105104
~~waivers~~waiver components under this section.	105105

~~(E)~~(D) Before ~~applying for~~creating a medicaid waiver	105106
component under this section, the ~~director~~department of ~~job and~~	105107
~~family services~~medicaid shall seek, accept, and consider public	105108
comments.	105109

~~Sec. 5111.871.~~ Sec. 5166.21. The department of ~~job and family~~	105110
~~services~~medicaid shall enter into a contract with the department	105111
of developmental disabilities under section ~~5111.91~~5162.35 of the	105112
Revised Code with regard to one or more of the medicaid waiver	105113
components ~~established~~created by the department of ~~job and~~	105114
~~family services~~medicaid under section ~~5111.87~~5166.20 of the	105115
Revised Code. ~~Subject, if needed, to the approval of the United~~	105116
~~States secretary of health and human services, the~~The contract	105117
shall include the medicaid waiver component known as the	105118
transitions developmental disabilities waiver. The contract shall	105119
provide for the department of developmental disabilities to	105120
administer the components in accordance with the terms of the	105121
federal medicaid waivers authorizing the components. The contract	105122
shall include a schedule for the department of developmental	105123
disabilities to begin administering the transitions developmental	105124
disabilities waiver. ~~The directors of job and family services and~~	105125
~~developmental disabilities shall adopt rules in accordance with~~	105126
~~Chapter 119. of the Revised Code governing the components.~~	105127

If the department of developmental disabilities or the	105128
department of ~~job and family services~~medicaid denies an	105129
individual's application for home and community-based services	105130
provided under any of these medicaid components, the department	105131
that denied the services shall give timely notice to the	105132
individual that the individual may ~~request a hearing under~~appeal	105133
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	105134

The departments of developmental disabilities and ~~job and~~	105135
~~family services~~medicaid may approve, reduce, deny, or terminate a	105136
medicaid service included in the individualized service plan	105137
developed for a medicaid recipient eligible for home and	105138
community-based services provided under any of these medicaid	105139
components. The departments shall consider the recommendations a	105140
county board of developmental disabilities makes under division	105141
(A)(1)(c) of section 5126.055 of the Revised Code. If either	105142
department approves, reduces, denies, or terminates a medicaid	105143
service, that department shall give timely notice to the medicaid	105144
recipient that the recipient may ~~request a hearing under~~appeal	105145
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	105146

If supported living, as defined in section 5126.01 of the	105147
Revised Code, is to be provided as a medicaid service under any of	105148
these components, any person or government entity with a current,	105149
valid ~~medicaid~~ provider agreement and a current, valid	105150
certificate under section 5123.161 of the Revised Code may provide	105151
the medicaid service.	105152

If a medicaid service is to be provided under any of these	105153
components by a residential facility, as defined in section	105154
5123.19 of the Revised Code, any person or government entity with	105155
a current, valid ~~medicaid~~ provider agreement and a current, valid	105156
license under section 5123.19 of the Revised Code may provide the	105157
medicaid service.	105158

~~Sec. 5111.872.~~ Sec. 5166.22. (A) Subject to division (B) of this	105159
section, when the department of developmental disabilities	105160
allocates enrollment numbers to a county board of developmental	105161
disabilities for home and community-based services specified in	105162
division ~~(B)~~(A)(1) of section ~~5111.87~~5166.20 of the Revised Code	105163
and provided under any of the medicaid waiver components that the	105164
department administers under section ~~5111.871~~5166.21 of the	105165
Revised Code, the department shall consider all of the following:	105166

(1) The number of individuals with mental retardation or	105167
other developmental disability who are on a waiting list the	105168
county board establishes under section 5126.042 of the Revised	105169
Code for those services and are given priority on the waiting	105170
list;	105171

(2) The implementation component required by division (A)(3)	105172
of section 5126.054 of the Revised Code of the county board's plan	105173
approved under section 5123.046 of the Revised Code;	105174

(3) Anything else the department considers necessary to	105175
enable county boards to provide those services to individuals in	105176
accordance with the priority requirements for waiting lists	105177
established under section 5126.042 of the Revised Code for those	105178
services.	105179

(B) Division (A) of this section applies to home and	105180
community-based services provided under the medicaid waiver	105181
component known as the transitions developmental disabilities	105182
waiver only to the extent, if any, provided by the contract	105183
required by section ~~5111.871~~5166.21 of the Revised Code regarding	105184
the ~~waiver~~component.	105185

~~Sec. 5111.873.~~ Sec. 5166.23. (A) Subject to division (D) of this	105186
section, the medicaid director ~~of job and family services~~ shall	105187
adopt rules ~~in accordance with Chapter 119.~~under section 5166.02	105188
of the Revised Code establishing the ~~amount of reimbursement~~	105189
payment amounts or the methods by which the payment amounts of	105190
~~reimbursement~~ are to be determined for home and community-based	105191
services specified in division ~~(B)~~(A)(1) of section ~~5111.87~~	105192
5166.20 of the Revised Code and provided under the components of	105193
the medicaid program that the department of developmental	105194
disabilities administers under section ~~5111.871~~5166.21 of the	105195
Revised Code. With respect to these rules, all of the following	105196
apply:	105197

(1) The rules shall establish procedures for the department	105198
of developmental disabilities to follow in arranging for the	105199
initial and ongoing collection of cost information from a	105200
comprehensive, statistically valid sample of persons and	105201
government entities providing the services at the time the	105202
information is obtained.	105203

(2) The rules shall establish procedures for the collection	105204
of consumer-specific information through an assessment instrument	105205
the department of developmental disabilities shall provide to the	105206
department of ~~job and family services~~medicaid.	105207

(3) With the information collected pursuant to divisions	105208
(A)(1) and (2) of this section, an analysis of that information,	105209
and other information the director determines relevant, the rules	105210
shall establish ~~reimbursement~~payment standards that do all of the	105211
following:	105212

(a) Assure that ~~reimbursement is~~payment amounts are	105213
consistent with efficiency, economy, and quality of care;	105214

(b) Consider the intensity of consumer resource need;

105215

(c) Recognize variations in different geographic areas	105216
regarding the resources necessary to assure the health and welfare	105217
of consumers;	105218

(d) Recognize variations in environmental supports available	105219
to consumers.	105220

(B) As part of the process of adopting rules ~~under~~authorized	105221
by this section, the director shall consult with the director of	105222
developmental disabilities, representatives of county boards of	105223
developmental disabilities, persons who provide the home and	105224
community-based services, and other persons and government	105225
entities the director identifies.	105226

(C) The ~~directors of job and family services~~medicaid	105227
director and director of developmental disabilities shall review	105228
the rules ~~adopted under~~authorized by this section at times they	105229
determine are necessary to ensure that the ~~amount of reimbursement~~	105230
payment amounts or the methods by which the payment amounts of	105231
~~reimbursement~~ are to be determined continue to meet the	105232
~~reimbursement~~payment standards established under division (A)(3)	105233
of this section.	105234

(D) This section applies to home and community-based services	105235
provided under the medicaid waiver component known as the	105236
transitions developmental disabilities waiver only to the extent,	105237
if any, provided by the contract required by section ~~5111.871~~	105238
5166.21 of the Revised Code regarding the ~~waiver~~component.	105239

~~Sec. 5111.88.~~ Sec. 5166.30. (A) As used in sections ~~5111.88~~	105240
5166.30 to ~~5111.8811~~5166.3010 of the Revised Code:	105241

(1) "Adult" means an individual at least eighteen years of	105242
age.	105243

(2) "Appropriate director" means the following:

105244

(a) The medicaid director in the context of all of the	105245
following:	105246

(i) The Ohio home care waiver program, unless it is	105247
terminated pursuant to section 5166.12 of the Revised Code;	105248

(ii) The Ohio transitions II aging carve-out program, unless	105249
it is terminated pursuant to section 5166.13 of the Revised Code;	105250

(iii) The integrated care delivery system medicaid waiver	105251
component authorized by section 5166.16 of the Revised Code.	105252

(b) The director of aging in the context of the	105253
medicaid-funded component of the PASSPORT program, unless it is	105254
terminated pursuant to division (C) of section 173.52 of the	105255
Revised Code.	105256

(3) "Authorized representative" means the following:

105257

(a) In the case of a consumer who is a minor, the consumer's	105258
parent, custodian, or guardian;	105259

(b) In the case of a consumer who is an adult, an individual	105260
selected by the consumer pursuant to section ~~5111.8810~~5166.3010	105261
of the Revised Code to act on the consumer's behalf for purposes	105262
regarding home care attendant services.	105263

~~(3)~~(4) "Authorizing health care professional" means a health	105264
care professional who, pursuant to section ~~5111.887~~5166.307 of	105265
the Revised Code, authorizes a home care attendant to assist a	105266
consumer with self-administration of medication, nursing tasks, or	105267
both.	105268

~~(4)~~(5) "Consumer" means an individual to whom all of the	105269
following apply:	105270

(a) The individual is enrolled in a participating medicaid	105271
waiver component.	105272

(b) The individual has a medically determinable physical	105273
impairment to which both of the following apply:	105274

(i) It is expected to last for a continuous period of not	105275
less than twelve months.	105276

(ii) It causes the individual to require assistance with	105277
activities of daily living, self-care, and mobility, including	105278
either assistance with self-administration of medication or the	105279
performance of nursing tasks, or both.	105280

(c) In the case of an individual who is an adult, the	105281
individual is mentally alert and is, or has an authorized	105282
representative who is, capable of selecting, directing the actions	105283
of, and dismissing a home care attendant.	105284

(d) In the case of an individual who is a minor, the	105285
individual has an authorized representative who is capable of	105286
selecting, directing the actions of, and dismissing a home care	105287
attendant.	105288

~~(5)~~(6) "Controlled substance" has the same meaning as in	105289
section 3719.01 of the Revised Code.	105290

~~(6)~~(7) "Custodian" has the same meaning as in section	105291
2151.011 of the Revised Code.	105292

~~(7)~~(8) "Gastrostomy tube" means a percutaneously inserted	105293
catheter that terminates in the stomach.	105294

~~(8)~~(9) "Guardian" has the same meaning as in section 2111.01	105295
of the Revised Code.	105296

~~(9)~~(10) "Health care professional" means a physician or	105297
registered nurse.	105298

~~(10)~~(11) "Home care attendant" means an individual holding a	105299
valid ~~medicaid~~ provider agreement in accordance with section	105300
~~5111.881~~5166.301 of the Revised Code that authorizes the	105301
individual to provide home care attendant services to consumers.	105302

~~(11)~~(12) "Home care attendant services" means all of the	105303
following as provided by a home care attendant:	105304

(a) Personal care aide services;

105305

(b) Assistance with the self-administration of medication;

105306

105307

~~(12)~~(13) "Jejunostomy tube" means a percutaneously inserted	105308
catheter that terminates in the jejunum.	105309

~~(13) "Medicaid waiver component" has the same meaning as in~~	105310
~~section 5111.85 of the Revised Code.~~	105311

(14) "Medication" means a drug as defined in section 4729.01	105312
of the Revised Code.	105313

(15) "Minor" means an individual under eighteen years of age.

105314

(16) "Participating medicaid waiver component" means ~~both~~	105315
all of the following:	105316

(a) The medicaid-funded component of the PASSPORT program,	105317
unless it is terminated pursuant to division (C) of section 173.52	105318
of the Revised Code;	105319

(b) The Ohio home care waiver program ~~created under~~, unless	105320
it is terminated pursuant to section ~~5111.861~~5166.12 of the	105321
Revised Code;	105322

~~(b)~~(c) The Ohio transitions II aging carve-out program	105323
~~created under~~, unless it is terminated pursuant to section	105324
~~5111.863~~5166.13 of the Revised Code;	105325

(d) The integrated care delivery system medicaid waiver	105326
component authorized by section 5166.16 of the Revised Code.	105327

(17) "Physician" means an individual authorized under Chapter	105328
4731. of the Revised Code to practice medicine and surgery or	105329
osteopathic medicine and surgery.	105330

(18) "Practice of nursing as a registered nurse," "practice	105331
of nursing as a licensed practical nurse," and "registered nurse"	105332
have the same meanings as in section 4723.01 of the Revised Code.	105333
"Registered nurse" includes an advanced practice registered nurse,	105334
as defined in section 4723.01 of the Revised Code.	105335

(19) "Schedule II," "schedule III," "schedule IV," and	105336
"schedule V" have the same meanings as in section 3719.01 of the	105337
Revised Code.	105338

(B) ~~The director of job and family services may submit~~	105339
~~requests to the United States secretary of health and human~~	105340
~~services to amend the federal medicaid waivers authorizing the~~	105341
~~participating~~Participating medicaid waiver components ~~to have~~	105342
~~those components~~may cover home care attendant services in	105343
accordance with sections ~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 of	105344
the Revised Code and rules adopted under section ~~5111.8811~~5166.02	105345
of the Revised Code. ~~Notwithstanding sections 5111.881 to~~	105346
~~5111.8811 of the Revised Code, those sections shall be implemented~~	105347
~~regarding a participating medicaid waiver component only if the~~	105348
~~secretary approves a waiver amendment for the component.~~	105349

~~Sec. 5111.881.~~ Sec. 5166.301. The medicaid director ~~of job and~~	105350
~~family services~~ shall enter into a ~~medicaid~~ provider agreement	105351
with an individual to authorize the individual to provide home	105352
care attendant services to consumers if the individual does both	105353
of the following:	105354

(A) Agrees to comply with the requirements of sections	105355
~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 and rules adopted under	105356
section ~~5111.8811~~5166.02 of the Revised Code;	105357

(B) Provides the director evidence satisfactory to the	105358
director of all of the following:	105359

(1) That the individual either meets the personnel	105360
qualifications specified in 42 C.F.R. 484.4 for home health aides	105361
or has successfully completed at least one of the following:	105362

(a) A competency evaluation program or training and	105363
competency evaluation program approved or conducted by the	105364
director of health under section 3721.31 of the Revised Code;	105365

(b) A training program approved by the ~~department of job and~~	105366
~~family services~~appropriate director that includes training in at	105367
least all of the following and provides training equivalent to a	105368
training and competency evaluation program specified in division	105369
(B)(1)(a) of this section or meets the requirements of 42 C.F.R.	105370
484.36(a):	105371

(i) Basic home safety;

105372

(ii) Universal precautions for the prevention of disease	105373
transmission, including hand-washing and proper disposal of bodily	105374
waste and medical instruments that are sharp or may produce sharp	105375
pieces if broken;	105376

(iii) Personal care aide services;

105377

(iv) The labeling, counting, and storage requirements for	105378
schedule II, III, IV, and V medications.	105379

(2) That the individual has obtained a certificate of	105380
completion of a course in first aid from a first aid course to	105381
which all of the following apply:	105382

(a) It is not provided solely through the internet.

105383

(b) It includes hands-on training provided by a first aid	105384
instructor who is qualified to provide such training according to	105385
standards set in rules adopted under section ~~5111.8811~~5166.02 of	105386
the Revised Code.	105387

(c) It requires the individual to demonstrate successfully	105388
that the individual has learned the first aid taught in the	105389
course.	105390

(3) That the individual meets any other requirements for the	105391
medicaid provider agreement specified in rules adopted under	105392
section ~~5111.8811~~5166.02 of the Revised Code.	105393

~~Sec. 5111.882.~~ Sec. 5166.302. A home care attendant shall complete	105394
not less than twelve hours of in-service continuing education	105395
regarding home care attendant services each year and provide the	105396
appropriate director ~~of job and family services~~ evidence	105397
satisfactory to the appropriate director that the attendant	105398
satisfied this requirement. The evidence shall be submitted to the	105399
appropriate director not later than the annual anniversary of the	105400
issuance of the home care attendant's initial ~~medicaid~~ provider	105401
agreement.	105402

~~Sec. 5111.883.~~ Sec. 5166.303. A home care attendant shall do all	105403
of the following:	105404

(A) Maintain a clinical record for each consumer to whom the	105405
attendant provides home care attendant services in a manner that	105406
protects the consumer's privacy;	105407

(B) Participate in a face-to-face visit every ninety days	105408
with all of the following to monitor the health and welfare of	105409
each of the consumers to whom the attendant provides home care	105410
attendant services:	105411

(1) The consumer;

105412

(2) The consumer's authorized representative, if any;

105413

(3) A registered nurse who agrees to answer any questions	105414
that the attendant, consumer, or authorized representative has	105415
about consumer care needs, medications, and other issues.	105416

(C) Document the activities of each visit required by	105417
division (B) of this section in the consumer's clinical record	105418
with the assistance of the registered nurse.	105419

~~Sec. 5111.884.~~ Sec. 5166.304. (A) A home care attendant may assist	105420
a consumer with nursing tasks or self-administration of medication	105421
only after the attendant does both of the following:	105422

(1) Subject to division (B) of this section, completes	105423
consumer-specific training in how to provide the assistance that	105424
the authorizing health care professional authorizes the attendant	105425
to provide to the consumer;	105426

(2) At the request of the consumer, consumer's authorized	105427
representative, or authorizing health care professional,	105428
successfully demonstrates that the attendant has learned how to	105429
provide the authorized assistance to the consumer.	105430

(B) The training required by division (A)(1) of this section	105431
shall be provided by either of the following:	105432

(1) The authorizing health care professional;

105433

(2) The consumer or consumer's authorized representative in	105434
cooperation with the authorizing health care professional.	105435

~~Sec. 5111.885.~~ Sec. 5166.305. A home care attendant shall comply	105436
with both of the following when assisting a consumer with nursing	105437
tasks or self-administration of medication:	105438

(A) The written consent of the consumer or consumer's	105439
authorized representative provided to the appropriate director of	105440
~~job and family services~~ under section ~~5111.886~~5166.306 of the	105441
Revised Code;	105442

(B) The authorizing health care professional's written	105443
authorization provided to the appropriate director under section	105444
~~5111.887~~5166.307 of the Revised Code.	105445

~~Sec. 5111.886.~~ Sec. 5166.306. To consent to a home care attendant	105446
assisting a consumer with nursing tasks or self-administration of	105447
medication, the consumer or consumer's authorized representative	105448
shall provide the appropriate director ~~of job and family services~~	105449
a written statement signed by the consumer or authorized	105450
representative under which the consumer or authorized	105451
representative consents to both of the following:	105452

(A) Having the attendant assist the consumer with nursing	105453
tasks or self-administration of medication;	105454

(B) Assuming responsibility for directing the attendant when	105455
the attendant assists the consumer with nursing tasks or	105456
self-administration of medication.	105457

~~Sec. 5111.887.~~ Sec. 5166.307. To authorize a home care attendant	105458
to assist a consumer with nursing tasks or self-administration of	105459
medication, a health care professional shall provide the	105460
appropriate director ~~of job and family services~~ a written	105461
statement signed by the health care professional that includes all	105462
of the following:	105463

(A) The consumer's name and address;

105464

(B) A description of the nursing tasks or self-administration	105465
of medication with which the attendant is to assist the consumer,	105466
including, in the case of assistance with self-administration of	105467
medication, the name and dosage of the medication;	105468

(C) The times or intervals when the attendant is to assist	105469
the consumer with the self-administration of each dosage of the	105470
medication or nursing tasks;	105471

(D) The dates the attendant is to begin and cease providing	105472
the assistance;	105473

(E) A list of severe adverse reactions the attendant must	105474
report to the health care professional should the consumer	105475
experience one or more of the reactions;	105476

(F) At least one telephone number at which the attendant can	105477
reach the health care professional in an emergency;	105478

(G) Instructions the attendant is to follow when assisting	105479
the consumer with nursing tasks or self-administration of	105480
medication, including instructions for maintaining sterile	105481
conditions and for storage of task-related equipment and supplies;	105482

(H) The health care professional's attestation of both of the	105483
following:	105484

(1) That the consumer or consumer's authorized representative	105485
has demonstrated to the health care professional the ability to	105486
direct the attendant;	105487

(2) That the attendant has demonstrated to the health care	105488
professional the ability to provide the consumer assistance with	105489
nursing tasks or self-administration of medication that the health	105490
care professional has specifically authorized the attendant to	105491
provide and that the consumer or consumer's authorized	105492
representative has indicated to the health care professional that	105493
the consumer or authorized representative is satisfied with the	105494
attendant's demonstration.	105495

~~Sec. 5111.888.~~ Sec. 5166.308. When authorizing a home care	105496
attendant to assist a consumer with nursing tasks or	105497
self-administration of medication, a health care professional may	105498
not authorize a home care attendant to do any of the following:	105499

(A) Perform a task that is outside of the health care	105500
professional's scope of practice;	105501

(B) Assist the consumer with the self-administration of a	105502
medication, including a schedule II, schedule III, schedule IV, or	105503
schedule V drug unless both of the following apply:	105504

(1) The medication is administered orally, topically, or via	105505
a gastrostomy tube or jejunostomy tube, including through any of	105506
the following:	105507

(a) In the case of an oral medication, a metered dose	105508
inhaler;	105509

(b) In the case of a topical medication, including a	105510
transdermal medication, either of the following:	105511

(i) An eye, ear, or nose drop or spray;

105512

(ii) A vaginal or rectal suppository.

105513

(c) In the case of a gastrostomy tube or jejunostomy tube,	105514
only through a pre-programmed pump.	105515

(2) The medication is in its original container and the label	105516
attached to the container displays all of the following:	105517

(a) The consumer's full name in print;

105518

(b) The medication's dispensing date, which must not be more	105519
than twelve months before the date the attendant assists the	105520
consumer with self-administration of the medication;	105521

(c) The exact dosage and means of administration that match	105522
the health care professional's authorization to the attendant.	105523

(C) Assist the consumer with the self-administration of a	105524
schedule II, schedule III, schedule IV, or schedule V medication	105525
unless, in addition to meeting the requirements of division (B) of	105526
this section, all of the following apply:	105527

(1) The medication has a warning label on its container.

105528

(2) The attendant counts the medication in the consumer's or	105529
authorized representative's presence when the medication is	105530
administered to the consumer and records the count on a form used	105531
for the count as specified in rules adopted under section	105532
~~5111.8811~~5166.02 of the Revised Code.	105533

(3) The attendant recounts the medication in the consumer's	105534
or authorized representative's presence at least monthly and	105535
reconciles the recount on a log located in the consumer's clinical	105536
record.	105537

(4) The medication is stored separately from all other	105538
medications and is secured and locked at all times when not being	105539
administered to the consumer to prevent unauthorized access.	105540

(D) Perform an intramuscular injection;

105541

(E) Perform a subcutaneous injection unless it is for a	105542
routine dose of insulin;	105543

(F) Program a pump used to deliver a medication unless the	105544
pump is used to deliver a routine dose of insulin;	105545

(G) Insert, remove, or discontinue an intravenous access	105546
device;	105547

(H) Engage in intravenous medication administration;

105548

(I) Insert or initiate an infusion therapy;

105549

(J) Perform a central line dressing change.

105550

~~Sec. 5111.889.~~ Sec. 5166.309. A home care attendant who provides	105551
home care attendant services to a consumer in accordance with the	105552
authorizing health care professional's authorization does not	105553
engage in the practice of nursing as a registered nurse or in the	105554
practice of nursing as a licensed practical nurse in violation of	105555
section 4723.03 of the Revised Code.	105556

A consumer or the consumer's authorized representative shall	105557
report to the appropriate director ~~of job and family services~~ if a	105558
home care attendant engages in the practice of nursing as a	105559
registered nurse or the practice of nursing as a licensed	105560
practical nurse beyond the authorizing health care professional's	105561
authorization. The appropriate director shall forward a copy of	105562
each report to the board of nursing.	105563

~~Sec. 5111.8810.~~ Sec. 5166.3010. A consumer who is an adult may	105564
select an individual to act on the consumer's behalf for purposes	105565
regarding home care attendant services by submitting a written	105566
notice of the consumer's selection of an authorized representative	105567
to the appropriate director ~~of job and family services~~. The	105568
notice shall specifically identify the individual the consumer	105569
selects as authorized representative and may limit what the	105570
authorized representative may do on the consumer's behalf	105571
regarding home care attendant services. A consumer may not select	105572
the consumer's home care attendant to be the consumer's authorized	105573
representative.	105574

~~Sec. 5111.97.~~ Sec. 5166.35. (A) ~~As used in this section:~~

105575

~~(1) "Home and community-based services medicaid waiver~~	105576
~~component" has the same meaning as in section 5111.85 of the~~	105577
~~Revised Code.~~	105578

~~(2) "Nursing facility" has the same meaning as in section~~	105579
~~5111.20 of the Revised Code.~~	105580

~~(B) To the extent funds are available, the~~The medicaid	105581
director ~~of job and family services~~ may establish the Ohio access	105582
success project to help medicaid recipients make the transition	105583
from residing in a nursing ~~facility~~facilities to residing in a	105584
community ~~setting~~settings. The project may be established as a	105585
separate nonmedicaid program or integrated into a new or existing	105586
home and community-based services medicaid waiver component. The	105587
director shall permit any medicaid recipient ~~of medicaid-funded~~	105588
receiving nursing facility services to apply for participation in	105589
the project, but may limit the number of project participants.	105590

The director shall ensure that an assessment of an applicant	105591
is conducted as soon as practicable to determine whether the	105592
applicant is eligible for participation in the project. To the	105593
maximum extent possible, the assessment and eligibility	105594
determination shall be completed not later than the date that	105595
occurs six months after the applicant ~~became a recipient of~~	105596
~~medicaid-funded~~begins to receive nursing facility services.	105597

~~(C)~~(B) To be eligible for benefits under the project, a	105598
medicaid recipient must satisfy all of the following requirements:	105599

(1) The medicaid recipient must be ~~a recipient of~~	105600
~~medicaid-funded~~receiving nursing facility services, at the time	105601
of applying for the project benefits.	105602

(2) If the project is established as a nonmedicaid program,	105603
the medicaid recipient must be able to remain in the community as	105604
a result of receiving project benefits and the projected cost of	105605
the benefits to the project does not exceed eighty per cent of the	105606
average monthly medicaid cost of a medicaid recipient in a nursing	105607
facility.	105608

(3) If the project is integrated into a home and	105609
community-based services medicaid waiver component, the medicaid	105610
recipient must meet the waiver component's enrollment criteria.	105611

~~(D)~~(C) If the director establishes the Ohio access success	105612
project, the benefits provided under the project may include	105613
payment of all of the following:	105614

(1) The first month's rent in a community setting;

105615

(2) Rental deposits;

105616

(3) Utility deposits;

105617

(4) Moving expenses;

105618

(5) Other expenses not covered by the medicaid program that	105619
facilitate a medicaid recipient's move from a nursing facility to	105620
a community setting.	105621

~~(E)~~(D) If the project is established as a nonmedicaid	105622
program, no participant may receive more than two thousand	105623
dollars' worth of benefits under the project.	105624

~~(F)~~(E) If the department of ~~job and family services~~medicaid	105625
enters into a contract with an entity to provide fiscal management	105626
services regarding the project, the contract may provide for a	105627
portion of a participant's benefits under the project to be paid	105628
to the contracting entity. The contract shall specify the portion	105629
to be paid to the contracting entity.	105630

~~(G) The director may submit a request to the United States~~	105631
~~secretary of health and human services pursuant to section 1915 of~~	105632
~~the "Social Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n,~~	105633
~~as amended, to create a home and community-based services medicaid~~	105634
~~waiver component to serve individuals who meet the criteria for~~	105635
~~participation in the Ohio access success project.~~	105636

~~(H)~~(F) The director may adopt rules in accordance with	105637
Chapter 119. of the Revised Code for the administration and	105638
operation of the project. If the project is integrated into a home	105639
and community-based services medicaid waiver component, the rules	105640
shall be adopted under section ~~5111.85~~5166.02 of the Revised	105641
Code.	105642

Sec. 5167.01. As used in this chapter:

105643

(A) "Controlled substance" has the same meaning as in section	105644
3719.01 of the Revised Code.	105645

(B) "Dual eligible individual" has the same meaning as in	105646
section 5160.01 of the Revised Code.	105647

(C) "Emergency services" has the same meaning as in the	105648
"Social Security Act," section 1932(b)(2), 42 U.S.C.	105649
1396u-2(b)(2).	105650

(D) "Home and community-based services medicaid waiver	105651
component" has the same meaning as in section 5166.01 of the	105652
Revised Code.	105653

(E) "Medicaid managed care organization" means a managed care	105654
organization under contract with the department of medicaid	105655
pursuant to section 5167.10 of the Revised Code.	105656

(F) "Medicaid waiver component" has the same meaning as in	105657
section 5166.01 of the Revised Code.	105658

(G) "Nursing facility" has the same meaning as in section	105659
5165.01 of the Revised Code.	105660

(H) "Prescribed drug" has the same meaning as in section	105661
5164.01 of the Revised Code.	105662

(I) "Provider" means any person or government entity that	105663
furnishes services to a medicaid recipient enrolled in a medicaid	105664
managed care organization, regardless of whether the person or	105665
entity has a provider agreement.	105666

(J) "Provider agreement" has the same meaning as in section	105667
5164.01 of the Revised Code.	105668

Sec. 5167.02. The medicaid director shall adopt rules as	105669
necessary to implement this chapter. The rules shall be adopted in	105670
accordance with Chapter 119. of the Revised Code.	105671

~~Sec. 5111.16.~~ Sec. 5167.03. (A) As part of the medicaid program,	105672
the department of ~~job and family services~~medicaid shall establish	105673
a care management system. ~~The department shall submit, if~~	105674
~~necessary, applications to the United States department of health~~	105675
~~and human services for waivers of federal medicaid requirements~~	105676
~~that would otherwise be violated in the implementation of the~~	105677
~~system.~~	105678

(B) The department shall implement the care management system	105679
in some or all counties and shall designate the medicaid	105680
recipients who are required or permitted to participate in the	105681
system. In the department's implementation of the system and	105682
designation of participants, all of the following apply:	105683

(1) In the case of individuals who receive medicaid on the	105684
basis of being included in the category identified by the	105685
department as covered families and children, the department shall	105686
implement the care management system in all counties. All	105687
individuals included in the category shall be designated for	105688
participation, except for individuals included in one or more of	105689
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	105690
The department shall ensure that all participants are enrolled in	105691
medicaid managed care organizations that are health insuring	105692
corporations ~~under contract with the department pursuant to~~	105693
~~section 5111.17 of the Revised Code~~.	105694

(2) In the case of individuals who receive medicaid on the	105695
basis of being aged, blind, or disabled, ~~as specified in division~~	105696
~~(C)(2) of section 5111.01 of the Revised Code,~~ the department	105697
shall implement the care management system in all counties. Except	105698
as provided in division (C) of this section, all individuals	105699
included in the category shall be designated for participation.	105700
The department shall ensure that all participants are enrolled in	105701
medicaid managed care organizations that are health insuring	105702
corporations ~~under contract with the department pursuant to~~	105703
~~section 5111.17 of the Revised Code~~.	105704

(3) Alcohol, drug addiction, and mental health services	105705
covered by medicaid shall not be included in any component of the	105706
care management system when the nonfederal share of the cost of	105707
those services is provided by a board of alcohol, drug addiction,	105708
and mental health services or a state agency other than the	105709
department of ~~job and family services~~medicaid, but the recipients	105710
of those services may otherwise be designated for participation in	105711
the system.	105712

(C)(1) In designating participants who receive medicaid on	105713
the basis of being aged, blind, or disabled, the department shall	105714
not include any of the following, except as provided under	105715
division (C)(2) of this section:	105716

(a) Individuals who are under twenty-one years of age;

105717

(b) Individuals who are institutionalized;

105718

(c) Individuals who become eligible for medicaid by spending	105719
down their income or resources to a level that meets the medicaid	105720
program's financial eligibility requirements;	105721

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	105722
~~medicaid program and the medicare program established under Title~~	105723
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	105724
~~1395, as amended~~individuals;	105725

(e) Individuals to the extent that they are receiving	105726
medicaid services through a medicaid waiver component~~, as defined~~	105727
~~in section 5111.85 of the Revised Code~~.	105728

(2) ~~If any necessary waiver of federal medicaid requirements~~	105729
~~is granted, the~~The department may designate any of the following	105730
individuals who receive medicaid on the basis of being aged,	105731
blind, or disabled as individuals who are permitted or required to	105732
participate in the care management system:	105733

(a) Individuals who are under twenty-one years of age;

105734

(b) Individuals who reside in a nursing facility~~, as defined~~	105735
~~in section 5111.20 of the Revised Code~~;	105736

(c) Individuals who, as an alternative to receiving nursing	105737
facility services, are participating in a home and community-based	105738
services medicaid waiver component~~, as defined in section 5111.85~~	105739
~~of the Revised Code~~;	105740

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	105741
~~medicaid program and the medicare program~~individuals.	105742

(D) Subject to division (B) of this section, the department	105743
may do both of the following under the care management system:	105744

(1) Require or permit participants in the system to obtain	105745
health care services from providers designated by the department;	105746

(2) Require or permit participants in the system to obtain	105747
health care services through medicaid managed care organizations	105748
~~under contract with the department pursuant to section 5111.17 of~~	105749
~~the Revised Code~~.	105750

~~(E)(1) The department shall prepare an annual report on the~~	105751
~~care management system. The report shall address the department's~~	105752
~~ability to implement the system, including all of the following~~	105753
~~components:~~	105754

~~(a) The required designation of participants included in the~~	105755
~~category identified by the department as covered families and~~	105756
~~children;~~	105757

~~(b) The required designation of participants included in the~~	105758
~~aged, blind, or disabled category of medicaid recipients;~~	105759

~~(c) The use of any programs for enhanced care management.~~

105760

~~(2) The department shall submit each annual report to the~~	105761
~~general assembly. The first report shall be submitted not later~~	105762
~~than October 1, 2007.~~	105763

~~(F) The director of job and family services may adopt rules~~	105764
~~in accordance with Chapter 119. of the Revised Code to implement~~	105765
~~this section.~~	105766

~~Sec. 5111.161.~~ Sec. 5167.031. (A) As used in this section:

105767

(1) "Children's care network" means any of the following:

105768

(a) A children's hospital;

105769

(b) A group of children's hospitals;

105770

105771

(2) "Children's hospital" has the same meaning as in section	105772
2151.86 of the Revised Code.	105773

(B) If the department of ~~job and family services~~medicaid	105774
includes in the care management system, pursuant to section	105775
~~5111.16~~5167.03 of the Revised Code, individuals under twenty-one	105776
years of age who are included in the category of individuals who	105777
receive medicaid on the basis of being aged, blind, or disabled,	105778
~~as specified in division (C)(2) of section 5111.01 of the Revised~~	105779
~~Code,~~ the department ~~shall develop a system to~~may recognize	105780
entities as pediatric accountable care organizations. ~~The purpose~~	105781
~~of the recognition system shall be to meet the complex medical and~~	105782
~~behavioral needs of disabled children through new approaches to~~	105783
~~care coordination. The department shall implement the recognition~~	105784
~~system not later than July 1, 2012.~~	105785

An entity recognized by the department as a pediatric	105786
accountable care organization may develop innovative partnerships	105787
between relevant groups and may contract directly or subcontract	105788
with the state to provide care coordination and other services to	105789
the medicaid recipients under twenty-one years of age described in	105790
this division who are permitted or required to participate in the	105791
care management system.	105792

(C)(1) To be recognized by the department as a pediatric	105793
accountable care organization, an entity shall meet the standards	105794
established ~~in rules adopted under this section~~by the department.	105795
Unless required by ~~sections~~section 2706 ~~and 3022~~ of the "Patient	105796
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	105797
~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395 (2010)~~	105798
section 1895, 42 U.S.C. 1395jjj, the regulations adopted pursuant	105799
to those sections, and the laws of this state, the department	105800
shall not require that an entity be a health insuring corporation	105801
as a condition of receiving the department's recognition.	105802

(2) Any of the following entities may receive the	105803
department's recognition, if the standards for recognition have	105804
been met:	105805

(a) A children's care network;

105806

(b) A children's care network that may include one or more	105807
other entities, including, but not limited to, health insuring	105808
corporations or other managed care organizations;	105809

105810

(D) The ~~department~~medicaid director shall consult with all	105811
of the following in adopting rules ~~under~~authorized by division	105812
(E) of this section necessary for an entity to be recognized by	105813
the department as a pediatric accountable care organization:	105814

(1) The superintendent of insurance;

105815

(2) Children's hospitals;

105816

(3) ~~Managed~~Medicaid managed care organizations ~~under~~	105817
~~contract pursuant to section 5111.17 of the Revised Code~~;	105818

(4) Any other relevant entities, as determined necessary by	105819
the department, with interests in pediatric accountable care	105820
organizations.	105821

(E) ~~The department shall adopt rules in accordance with~~	105822
~~Chapter 119. of the Revised Code as necessary to implement this~~	105823
~~section.~~ In adopting ~~the~~ rules under section 5167.02 of the	105824
Revised Code, the ~~department~~medicaid director shall do all of the	105825
following:	105826

(1) Establish application procedures to be followed by an	105827
entity seeking recognition as a pediatric accountable care	105828
organization;	105829

(2) Ensure that the standards for recognition as a pediatric	105830
accountable care organization are the same as and do not conflict	105831
with those specified in ~~sections~~section 2706 ~~and 3022~~ of the	105832
"Patient Protection and Affordable Care Act," 124 Stat. 325 (2010)	105833
and ~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395~~	105834
~~(2010)~~section 1895, 42 U.S.C. 1395jjj or the regulations adopted	105835
pursuant to those sections;	105836

(3) Establish requirements regarding the access to pediatric	105837
specialty care provided through or by a pediatric accountable care	105838
organization;	105839

(4) Establish accountability and financial requirements for	105840
an entity recognized as a pediatric accountable care organization;	105841

(5) Establish quality improvement initiatives consistent with	105842
any state medicaid quality plan established by the department;	105843

(6) Establish transparency and consumer protection	105844
requirements for an entity recognized as a pediatric accountable	105845
care organization;	105846

(7) Establish a process for sharing data.

105847

(F) This section does not limit the authority of the	105848
department of insurance to regulate the business of insurance in	105849
this state.	105850

Sec. 5167.032. (A) The department of medicaid shall prepare	105851
an annual report on the care management system established under	105852
this chapter. The report shall address the department's ability to	105853
implement the system, including all of the following components:	105854

(1) The required designation of participants included in the	105855
category identified by the department as covered families and	105856
children;	105857

(2) The required designation of participants included in the	105858
aged, blind, or disabled category of medicaid recipients;	105859

(3) The use of any programs for enhanced care management.

105860

(B) The department shall submit each annual report to the	105861
general assembly in accordance with section 101.68 of the Revised	105862
Code.	105863

~~Sec. 5111.17.~~ Sec. 5167.10. (A) The department of ~~job and family~~	105864
~~services~~medicaid may enter into contracts with managed care	105865
organizations, including health insuring corporations, under which	105866
the organizations are authorized to provide, or arrange for the	105867
provision of, health care services to ~~medical assistance~~medicaid	105868
recipients who are required or permitted to obtain health care	105869
services through managed care organizations as part of the care	105870
management system established under section ~~5111.16~~5167.03 of the	105871
Revised Code.	105872

(B) ~~The~~(1) Subject to division (B)(2)(a) of this section,	105873
the department or its actuary shall base the hospital inpatient	105874
capital payment portion of the payment made to managed care	105875
organizations on data for services provided to all recipients	105876
enrolled in managed care organizations with which the department	105877
contracts, as reported by hospitals on relevant cost reports	105878
submitted pursuant to rules adopted under ~~this~~ section 5167.02 of	105879
the Revised Code.	105880

(2)(a) The hospital inpatient capital payment portion of the	105881
payment made to medicaid managed care organizations shall not	105882
exceed any maximum rate established by the department pursuant to	105883
rules adopted under this section.	105884

(b) If a maximum rate is established, a medicaid managed care	105885
organization shall not compensate hospitals for inpatient capital	105886
costs in an amount that exceeds that rate.	105887

(C) ~~The director of job and family services may adopt rules~~	105888
~~in accordance with Chapter 119. of the Revised Code to implement~~	105889
~~this section.~~	105890

~~(D)~~ The department of ~~job and family services~~medicaid shall	105891
allow a medicaid managed care organization to use providers to	105892
render care upon completion of the medicaid managed care	105893
organization's credentialing process.	105894

~~Sec. 5111.177.~~ Sec. 5167.11. When contracting under section	105895
~~5111.17~~5167.10 of the Revised Code with a health insuring	105896
corporation that holds a certificate of authority under Chapter	105897
1751. of the Revised Code, the department of ~~job and family~~	105898
~~services~~medicaid shall require the health insuring corporation to	105899
provide a grievance process for medicaid recipients in accordance	105900
with 42 C.F.R. 438, subpart F.	105901

~~Sec. 5111.172.~~ Sec. 5167.12. (A) When contracting under section	105902
~~5111.17~~5167.10 of the Revised Code with a managed care	105903
organization that is a health insuring corporation, the department	105904
of ~~job and family services~~medicaid shall require the health	105905
insuring corporation to provide coverage of ~~prescription~~	105906
prescribed drugs for medicaid recipients enrolled in the health	105907
insuring corporation. In providing the required coverage, the	105908
health insuring corporation may, subject to the department's	105909
approval and the limitations specified in division (B) of this	105910
section, use strategies for the management of drug utilization.	105911

(B) The department shall not permit a health insuring	105912
corporation to impose a prior authorization requirement in the	105913
case of a drug to which all of the following apply:	105914

(1) The drug is an antidepressant or antipsychotic.

105915

(2) The drug is administered or dispensed in a standard	105916
tablet or capsule form, except that in the case of an	105917
antipsychotic, the drug also may be administered or dispensed in a	105918
long-acting injectable form.	105919

(3) The drug is prescribed by either of the following:

105920

(a) A physician whom the health insuring corporation,	105921
pursuant to division (C) of section ~~5111.17~~5167.10 of the Revised	105922
Code, has credentialed to provide care as a psychiatrist;	105923

(b) A psychiatrist practicing at a community mental health	105924
~~agency~~services provider certified by the department of ~~mental~~	105925
~~health~~mental health and addiction services under section	105926
~~5119.611~~5119.36 of the Revised Code.	105927

(4) The drug is prescribed for a use that is indicated on the	105928
drug's labeling, as approved by the federal food and drug	105929
administration.	105930

(C) ~~As used in this division, "controlled substance" has the~~	105931
~~same meaning as in section 3719.01 of the Revised Code.~~	105932

The department shall permit a health insuring corporation to	105933
develop and implement a pharmacy utilization management program	105934
under which prior authorization through the program is established	105935
as a condition of obtaining a controlled substance pursuant to a	105936
prescription.	105937

Sec. 5167.121. (A) A medicaid managed care organization or	105938
its third party administrator shall provide advance notice of both	105939
of the following:	105940

(1) In the case of any provider, termination of the	105941
provider's status as a managed care network provider unless the	105942
termination is implemented because of fraud, illegal conduct,	105943
bankruptcy, insolvency, or any other reason specified by contract	105944
with the provider for which notification is not required;	105945

(2) In the case of a pharmacy provider, removal of a	105946
prescribed drug from the formulary or preferred drug list used by	105947
the organization or administrator or any change in the terms	105948
governing access to the drug.	105949

(B) The minimum period of specified advance notice to be	105950
provided under this section shall be either the period specified	105951
in the contract with the provider or, if there is no period	105952
specified in the contract, ninety days. The organization or	105953
administrator shall notify the provider in the same manner it	105954
notifies the provider for other purposes.	105955

~~Sec. 5111.179.~~ Sec. 5167.13. Each contract the department of ~~job~~	105956
~~and family services~~medicaid enters into with a managed care	105957
organization under section ~~5111.17~~5167.10 of the Revised Code	105958
shall require the managed care organization to implement a	105959
coordinated services program for medicaid recipients enrolled in	105960
the organization who are found to have obtained ~~prescription~~	105961
prescribed drugs under the medicaid program at a frequency or in	105962
an amount that is not medically necessary. The program shall be	105963
implemented in a manner that is consistent with ~~section 1915(a)(2)~~	105964
of the "Social Security Act," ~~95 Stat. 810 (1981)~~section	105965
1915(a)(2), 42 U.S.C. 1396n(a)(2)~~, as amended~~, and 42 C.F.R.	105966
431.54(e).	105967

~~Sec. 5111.1710.~~ Sec. 5167.14. Each contract the department of ~~job~~	105968
~~and family services~~medicaid enters into with a managed care	105969
organization under section ~~5111.17~~5167.10 of the Revised Code	105970
shall require the managed care organization to enter into a data	105971
security agreement with the state board of pharmacy governing the	105972
managed care organization's use of the board's drug database	105973
established and maintained under section 4729.75 of the Revised	105974
Code.	105975

This section does not apply if the board no longer maintains	105976
the drug database.	105977

~~Sec. 5111.162.~~ Sec. 5167.20. (A) ~~As used in this section:~~

105978

~~(1) "Emergency services" has the same meaning as in section~~	105979
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	105980
~~U.S.C. 1396u-2(b)(2), as amended.~~	105981

~~(2) "Medicaid managed care organization" means a managed care~~	105982
~~organization that has entered into a contract with the department~~	105983
~~of job and family services pursuant to section 5111.17 of the~~	105984
~~Revised Code.~~	105985

~~(B)~~ Except as provided in division ~~(C)~~(B) of this section,	105986
when a participant in the care management system established under	105987
~~section 5111.16 of the Revised Code~~this chapter is enrolled in a	105988
medicaid managed care organization and the organization refers the	105989
participant to receive services, other than emergency services	105990
provided on or after January 1, 2007, at a hospital that	105991
participates in the medicaid program but is not under contract	105992
with the organization, the hospital shall provide the service for	105993
which the referral was made and shall accept from the	105994
organization, as payment in full, the amount derived from the	105995
~~reimbursement~~payment rate used by the department to ~~reimburse~~pay	105996
other hospitals of the same type for providing the same service to	105997
a medicaid recipient who is not enrolled in a medicaid managed	105998
care organization.	105999

~~(C)~~(B) A hospital is not subject to division ~~(B)~~(A) of this	106000
section if all of the following are the case:	106001

(1) The hospital is located in a county in which participants	106002
in the care management system are required before January 1, 2006,	106003
to be enrolled in a medicaid managed care organization that is a	106004
health insuring corporation;	106005

(2) The hospital has entered into a contract before January	106006
1, 2006, with at least one health insuring corporation serving the	106007
participants specified in division ~~(C)~~(B)(1) of this section;	106008

(3) The hospital remains under contract with at least one	106009
health insuring corporation serving participants in the care	106010
management system who are required to be enrolled in a health	106011
insuring corporation.	106012

~~(D)~~(C) The medicaid director ~~of job and family services~~ shall	106013
adopt rules under section 5167.02 of the Revised Code specifying	106014
the circumstances under which a medicaid managed care organization	106015
is permitted to refer a participant in the care management system	106016
to a hospital that is not under contract with the organization.	106017
~~The director may adopt any other rules necessary to implement this~~	106018
~~section. All rules adopted under this section shall be adopted in~~	106019
~~accordance with Chapter 119. of the Revised Code.~~	106020

~~Sec. 5111.163.~~ Sec. 5167.201. ~~(A) As used in this section:~~

106021

~~(1) "Emergency services" has the same meaning as in section~~	106022
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	106023
~~U.S.C. 1396u-2(b)(2), as amended.~~	106024

~~(2) "Medicaid managed care organization" has the same meaning~~	106025
~~as in section 5111.162 of the Revised Code.~~	106026

~~(3) "Provider" means any person, institution, or entity that~~	106027
~~furnishes emergency services to a medicaid recipient enrolled in a~~	106028
~~medicaid managed care organization, regardless of whether the~~	106029
~~person, institution, or entity has a provider agreement with the~~	106030
~~department of job and family services pursuant to Title XIX of the~~	106031
~~"Social Security Act."~~	106032

~~(B)~~ When a participant in the care management system	106033
established under ~~section 5111.16 of the Revised Code~~this chapter	106034
is enrolled in a medicaid managed care organization and receives	106035
emergency services on or after January 1, 2007, from a provider	106036
that is not under contract with the organization, the provider	106037
shall accept from the organization, as payment in full, not more	106038
than the amounts (less any payments for indirect costs of medical	106039
education and direct costs of graduate medical education) that the	106040
provider could collect if the participant received medicaid other	106041
than through enrollment in a managed care organization.	106042

An agreement entered into by a participant, a participant's	106043
parent, or a participant's legal guardian that requires payment	106044
for emergency services in violation of this section is void and	106045
unenforceable.	106046

~~Sec. 5111.982.~~ Sec. 5167.21. (A) As used in this section:

106047

(1) "Covered skilled nursing facility services" has the same	106048
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42	106049
U.S.C. 1395yy(e)(2)(A).	106050

(2) "Current medicare fee-for-service rate" means the	106051
fee-for-service rate in effect for a covered skilled nursing	106052
facility service under medicare at the time the service is	106053
provided.	106054

(3) "Skilled nursing facility" has the same meaning as in the	106055
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	106056

(B) Except as provided in division (C) of this section, a	106057
medicaid managed care organization shall pay a skilled nursing	106058
facility at least the current medicare fee-for-service rate,	106059
without deduction for any coinsurance, for covered skilled nursing	106060
facility services that the skilled nursing facility provides to a	106061
dual eligible individual if the medicaid managed care organization	106062
is responsible for the payment under the terms of a contract that	106063
the medicaid managed care organization, ~~medical assistance~~	106064
medicaid director, and United States secretary of health and human	106065
services jointly enter into under the integrated care delivery	106066
system authorized by section ~~5111.981~~5164.91 of the Revised Code.	106067

(C) A medicaid managed care organization is required to pay	106068
the rate specified in division (B) of this section for covered	106069
skilled nursing facility services only if all of the following	106070
apply:	106071

(1) The United States secretary agrees to the payment rate as	106072
part of the contract that the medicaid managed care organization,	106073
~~medical assistance~~medicaid director, and United States secretary	106074
jointly enter into under the integrated care delivery system;	106075

(2) The medicaid managed care organization receives a federal	106076
capitation payment that is an actuarially sufficient amount for	106077
the costs that the medicaid managed care organization incurs in	106078
paying the rate;	106079

(3) No state funds are used for any part of the costs that	106080
the medicaid managed care organization incurs in paying the rate;	106081

(4) The integrated care delivery system provides for dual	106082
eligible individuals to receive the covered skilled nursing	106083
facility services as part of the system.	106084

~~Sec. 5111.178.~~ Sec. 5167.25. (A) The medicaid director ~~of job and~~	106085
~~family services~~ shall determine whether a waiver of federal	106086
medicaid requirements is necessary to fulfill the requirements of	106087
section 3901.3814 of the Revised Code. If the director determines	106088
a waiver is necessary, the department of ~~job and family services~~	106089
medicaid shall apply to the United States secretary of health and	106090
human services for the waiver.	106091

(B)(1) If the director determines that section 3901.3814 of	106092
the Revised Code can be implemented without a waiver or a waiver	106093
is granted, the department shall notify the department of	106094
insurance that the section can be implemented. Implementation of	106095
the section shall be effective eighteen months after the notice is	106096
sent.	106097

(2) At the time the notice is given under division (B)(1) of	106098
this section, the department shall also give notice to each health	106099
insuring corporation that provides coverage to medicaid	106100
recipients. The notice shall inform the corporation that sections	106101
3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to	106102
claims for services rendered to recipients on the date determined	106103
under division (B)(1) of this section, instead of the prompt	106104
payment requirements of 42 C.F.R. 447.46. That date shall be	106105
specified in the notice.	106106

~~Sec. 5111.175.~~ Sec. 5167.26. For the purpose of determining the	106107
amount the department of ~~job and family services~~medicaid pays	106108
hospitals under section ~~5112.08~~5168.09 of the Revised Code and	106109
the amount of disproportionate share hospital payments paid by the	106110
medicare program ~~established under Title XVIII of~~pursuant to the	106111
"Social Security Act," ~~79 Stat. 286 (1965)~~section 1915, 42 U.S.C.	106112
1396n, ~~as amended,~~ a medicaid managed care organization ~~under~~	106113
~~contract with the department pursuant to section 5111.17 of the~~	106114
~~Revised Code authorizing the organization to provide, or arrange~~	106115
~~for the provision of, hospital services to medicaid recipients~~	106116
shall keep detailed records for each hospital with which it	106117
contracts ~~about~~, including records regarding the cost to the	106118
hospital of providing ~~the~~hospital services for the organization,	106119
payments made by the organization to the hospital for the	106120
services, utilization of hospital services by medicaid recipients	106121
enrolled in the organization, and other utilization data required	106122
by the department.	106123

~~Sec. 5111.1711.~~ Sec. 5167.30. (A)(1) The department of ~~job and~~	106124
~~family services~~medicaid shall establish a managed care	106125
performance payment program. Under the program, the department may	106126
provide payments to medicaid managed care organizations ~~under~~	106127
~~contract with the department pursuant to section 5111.17 of the~~	106128
~~Revised Code~~ that meet performance standards established by the	106129
department.	106130

(2) In establishing performance standards, the department may	106131
consult any of the following:	106132

(a) Any quality measurements developed under the pediatric	106133
quality measures program established pursuant to the "Social	106134
Security Act," section 1139A, 42 U.S.C. 1320b-9a;	106135

(b) Any core set of adult health quality measures for	106136
medicaid eligible adults used for purposes of the "Social Security	106137
Act," section 1139A, 42 U.S.C. 1320b-9b, and any adult health	106138
quality used for purposes of the medicaid quality measurement	106139
program when the program is established under ~~42 U.S.C. 1320b-9b~~	106140
that section of the "Social Security Act";	106141

(c) The most recent healthcare effectiveness data and	106142
information set and quality measurement tool established by the	106143
national committee for quality assurance.	106144

(3) The standards that must be met to receive the payments	106145
may be specified in the contract the department enters into with a	106146
medicaid managed care organization.	106147

(4) If a medicaid managed care organization meets the	106148
performance standards established by the department, the	106149
department shall make one or more performance payments to the	106150
organization. The amount of each performance payment, the number	106151
of payments, and the schedule for making the payments shall be	106152
established by the department. The payments shall be discontinued	106153
if the department determines that the organization no longer meets	106154
the performance standards. The department shall not make or	106155
discontinue payments based on any performance standard that has	106156
been in effect as part of the organization's contract for less	106157
than six months.	106158

(B) For purposes of the program, the department shall	106159
establish an amount that is to be withheld each time a premium	106160
payment is made to a medicaid managed care organization. The	106161
amount shall be established as a percentage of each premium	106162
payment. The percentage shall be the same for all medicaid managed	106163
care organizations ~~under contract with the department~~. The sum of	106164
all withholdings under this division shall not exceed ~~one~~two per	106165
cent of the total of all premium payments made to all medicaid	106166
managed care organizations ~~under contract with the department~~.	106167

Each medicaid managed care organization shall agree to the	106168
withholding as a condition of receiving or maintaining its	106169
~~medicaid~~ provider agreement with the department.	106170

When the amount is established and each time the amount is	106171
modified thereafter, the department shall certify the amount to	106172
the director of budget and management and begin withholding the	106173
amount from each premium the department pays to a medicaid managed	106174
care organization.	106175

~~(C) There is hereby created in the state treasury the managed~~	106176
~~care performance payment fund. The fund shall consist of amounts~~	106177
~~transferred to it by the director of budget and management for the~~	106178
~~purpose of the program. All investment earnings of the fund shall~~	106179
~~be credited to the fund. Amounts in the fund shall be used solely~~	106180
~~to make performance payments to managed care organizations in~~	106181
~~accordance with this section.~~	106182

~~(D) The department may adopt rules as necessary to implement~~	106183
~~this section. The rules shall be adopted in accordance with~~	106184
~~Chapter 119. of the Revised Code.~~	106185

~~Sec. 5111.171.~~ Sec. 5167.31. The department of ~~job and family~~	106186
~~services~~medicaid may provide financial incentive awards to	106187
medicaid managed care organizations ~~under contract with the~~	106188
~~department pursuant to section 5111.17 of the Revised Code~~ that	106189
meet or exceed performance standards specified in provider	106190
agreements or rules adopted by the ~~department~~medicaid director	106191
under section 5167.02 of the Revised Code. The department may	106192
specify in a contract with a medicaid managed care organization	106193
the amounts of financial incentive awards, methodology for	106194
distributing awards, types of awards, and standards for	106195
administration by the department.	106196

~~Sec. 5111.173.~~ Sec. 5167.40. The department of ~~job and family~~	106197
~~services~~medicaid shall appoint a temporary manager for a	106198
medicaid managed care organization ~~under contract with the~~	106199
~~department pursuant to section 5111.17 of the Revised Code~~ if the	106200
department determines that the medicaid managed care organization	106201
has repeatedly failed to meet substantive requirements specified	106202
in ~~section 1903(m) of~~ the "Social Security Act," ~~79 Stat. 286~~	106203
~~(1965)~~sections 1903(m) and 1932, 42 U.S.C. 1396b(m)~~, as amended;~~	106204
~~section 1932 of the Social Security Act, 42 U.S.C.~~and 1396u-2~~, as~~	106205
~~amended~~; or 42 C.F.R. 438 Part I. The appointment of a temporary	106206
manager does not preclude the department from imposing other	106207
sanctions available to the department against the medicaid managed	106208
care organization.	106209

The medicaid managed care organization shall pay all costs of	106210
having the temporary manager perform the temporary manager's	106211
duties, including all costs the temporary manager incurs in	106212
performing those duties. If the temporary manager incurs costs or	106213
liabilities on behalf of the medicaid managed care organization,	106214
the medicaid managed care organization shall pay those costs and	106215
be responsible for those liabilities.	106216

The appointment of a temporary manager is not subject to	106217
Chapter 119. of the Revised Code, but the managed care	106218
organization may request a reconsideration of the appointment.	106219
Reconsiderations shall be requested and conducted in accordance	106220
with rules the ~~director of job and family services~~medicaid	106221
director shall adopt ~~in accordance with Chapter 119. of~~under	106222
section 5167.02 of the Revised Code.	106223

The appointment of a temporary manager does not cause the	106224
medicaid managed care organization to lose the right to appeal, in	106225
accordance with Chapter 119. of the Revised Code, any proposed	106226
termination or any decision not to ~~renew~~revalidate the medicaid	106227
managed care organization's ~~medicaid~~ provider agreement or the	106228
right to initiate the sale of the medicaid managed care	106229
organization or its assets.	106230

~~In addition to the rules required to be adopted under this~~	106231
~~section, the director may adopt any other rules necessary to~~	106232
~~implement this section. The rules shall be adopted in accordance~~	106233
~~with Chapter 119. of the Revised Code.~~	106234

~~Sec. 5111.174.~~ Sec. 5167.41. The department of ~~job and family~~	106235
~~services~~medicaid may disenroll some or all medicaid recipients	106236
enrolled in a medicaid managed care organization ~~under contract~~	106237
~~with the department pursuant to section 5111.17 of the Revised~~	106238
~~Code~~ if the department proposes to terminate or not to ~~renew~~	106239
revalidate the contract and determines that the recipients' access	106240
to medically necessary services is jeopardized by the proposal to	106241
terminate or not to ~~renew~~revalidate the contract. The	106242
disenrollment is not subject to Chapter 119. of the Revised Code,	106243
but the medicaid managed care organization may request a	106244
reconsideration of the disenrollment. Reconsiderations shall be	106245
requested and conducted in accordance with rules the medicaid	106246
director ~~of job and family services~~ shall adopt ~~in accordance with~~	106247
~~Chapter 119.~~under section 5167.02 of the Revised Code. The	106248
request for, or conduct of, a reconsideration regarding a proposed	106249
disenrollment shall not delay the disenrollment.	106250

~~In addition to the rules required to be adopted under this~~	106251
~~section, the director may adopt any other rules necessary to~~	106252
~~implement this section. The rules shall be adopted in accordance~~	106253
~~with Chapter 119. of the Revised Code.~~	106254

~~Sec. 5112.01.~~ Sec. 5168.01. As used in sections ~~5112.03~~5168.01 to	106255
~~5112.21~~5168.14 of the Revised Code:	106256

(A) "Bad debt," "charity care," "courtesy care," and	106257
"contractual allowances" have the same meanings given these terms	106258
in regulations adopted under Title XVIII of the "Social Security	106259
Act," 42 U.S.C. 1395 et seq.	106260

(B) "Cost reporting period" means the twelve-month period	106261
used by a hospital in reporting costs for purposes of Title XVIII	106262
of the "Social Security Act," 42 U.S.C. 1395 et seq.	106263

(C) "Disproportionate share hospital" means a hospital that	106264
meets the definition of a disproportionate share hospital in rules	106265
adopted under section 5168.02 of the Revised Code.	106266

(D) "Federal poverty line" means the official poverty line	106267
defined by the United States office of management and budget based	106268
on the most recent data available from the United States bureau of	106269
the census and revised by the United States secretary of health	106270
and human services pursuant to the "Omnibus Budget Reconciliation	106271
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	106272

(E) "Governmental hospital" means a county hospital with more	106273
than five hundred registered beds or a state-owned and -operated	106274
hospital with more than five hundred registered beds.	106275

(F)(1) "Hospital" means a nonfederal hospital to which either	106276
of the following applies:	106277

(a) The hospital is registered under section 3701.07 of the	106278
Revised Code as a general medical and surgical hospital or a	106279
pediatric general hospital, and provides inpatient hospital	106280
services, as defined in 42 C.F.R. 440.10;	106281

(b) The hospital is recognized under the medicare program	106282
~~established by Title XVIII of the "Social Security Act," 49 Stat.~~	106283
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ as a cancer hospital and	106284
is exempt from the medicare prospective payment system.	106285

(2) "Hospital" does not include a hospital operated by a	106286
health insuring corporation that has been issued a certificate of	106287
authority under section 1751.05 of the Revised Code or a hospital	106288
that does not charge patients for services.	106289

~~(2) "Disproportionate share hospital" means a hospital that~~	106290
~~meets the definition of a disproportionate share hospital in rules~~	106291
~~adopted under section 5112.03 of the Revised Code.~~	106292

~~(B) "Bad debt," "charity care," "courtesy care," and~~	106293
~~"contractual allowances" have the same meanings given these terms~~	106294
~~in regulations adopted under Title XVIII of the "Social Security~~	106295
~~Act."~~	106296

~~(C) "Cost reporting period" means the twelve-month period~~	106297
~~used by a hospital in reporting costs for purposes of Title XVIII~~	106298
~~of the "Social Security Act."~~	106299

~~(D) "Governmental hospital" means a county hospital with more~~	106300
~~than five hundred registered beds or a state-owned and -operated~~	106301
~~hospital with more than five hundred registered beds.~~	106302

~~(E)~~(G) "Indigent care pool" means the sum of the following:

106303

(1) The total of assessments to be paid in a program year by	106304
all hospitals under section ~~5112.06~~5168.06 of the Revised Code,	106305
less the assessments deposited into the legislative budget	106306
services fund under section ~~5112.19~~5168.12 of the Revised Code	106307
and into the health care services administration fund created	106308
under section ~~5111.94~~5162.54 of the Revised Code;	106309

(2) The total amount of intergovernmental transfers required	106310
to be made in the same program year by governmental hospitals	106311
under section ~~5112.07~~5168.07 of the Revised Code, less the amount	106312
of transfers deposited into the legislative budget services fund	106313
under section ~~5112.19~~5168.12 of the Revised Code and into the	106314
health care services administration fund created under section	106315
~~5111.94~~5162.54 of the Revised Code;	106316

(3) The total amount of federal matching funds that will be	106317
made available in the same program year as a result of funds	106318
distributed by the department of ~~job and family services~~medicaid	106319
to hospitals under section ~~5112.08~~5168.09 of the Revised Code.	106320

~~(F)~~(H) "Intergovernmental transfer" means any transfer of	106321
money by a governmental hospital under section ~~5112.07~~5168.07 of	106322
the Revised Code.	106323

~~(G) "Medical assistance program" means the program of medical~~	106324
~~assistance established under section 5111.01 of the Revised Code~~	106325
~~and Title XIX of the "Social Security Act."~~	106326

~~(H)~~(I) "Medicaid services" has the same meaning as in section	106327
5164.01 of the Revised Code.	106328

(J) "Program year" means a period beginning the first day of	106329
October, or a later date designated in rules adopted under section	106330
~~5112.03~~5168.02 of the Revised Code, and ending the thirtieth day	106331
of September, or an earlier date designated in rules adopted under	106332
that section.	106333

~~(I)~~(K) "Registered beds" means the total number of hospital	106334
beds registered with the department of health, as reported in the	106335
most recent "directory of registered hospitals" published by the	106336
department of health.	106337

~~(J)~~(L) "Third-party payer" means any person or government	106338
entity that may be liable by law or contract to make payment to or	106339
on behalf of an individual for health care services. "Third-party	106340
payer" does not include a hospital.	106341

(M) "Total facility costs" means the total costs for all	106342
services rendered to all patients, including the direct, indirect,	106343
and overhead cost to the hospital of all services, supplies,	106344
equipment, and capital related to the care of patients, regardless	106345
of whether patients are enrolled in a health insuring corporation,	106346
excluding costs associated with providing skilled nursing services	106347
in distinct-part nursing facility units, as shown on the	106348
hospital's cost report filed under section ~~5112.04~~5168.05 of the	106349
Revised Code. Effective October 1, 1993, if rules adopted under	106350
section ~~5112.03~~5168.02 of the Revised Code so provide, "total	106351
facility costs" may exclude costs associated with providing care	106352
to recipients of any of the governmental programs listed in	106353
division (B) of that section.	106354

~~(K)~~(N) "Uncompensated care" means bad debt and charity care.

106355

~~Sec. 5112.03.~~ Sec. 5168.02. (A) The ~~director of job and family~~	106356
~~services shall adopt, and may amend and rescind,~~medicaid director	106357
shall adopt rules in accordance with Chapter 119. of the Revised	106358
Code for the purpose of administering sections ~~5112.01~~5168.01 to	106359
~~5112.21~~5168.14 of the Revised Code, including rules that do all	106360
of the following:	106361

(1) Define as a "disproportionate share hospital" any	106362
hospital included under ~~subsection (b) of section 1923 of~~ the	106363
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1923(b), 42	106364
U.S.C.A. 1396r-4(b), ~~as amended,~~ and any other hospital the	106365
director determines appropriate;	106366

(2) Prescribe the form for submission of cost reports under	106367
section ~~5112.04~~5168.05 of the Revised Code;	106368

(3) Establish, in accordance with division (A) of section	106369
~~5112.06~~5168.06 of the Revised Code, the assessment rate or rates	106370
to be applied to hospitals under that section;	106371

(4) Establish schedules for hospitals to pay installments on	106372
their assessments under section ~~5112.06~~5168.06 of the Revised	106373
Code and for governmental hospitals to pay installments on their	106374
intergovernmental transfers under section ~~5112.07~~5168.07 of the	106375
Revised Code;	106376

(5) Establish procedures to notify hospitals of adjustments	106377
made under division (B)(2)(b) of section ~~5112.06~~5168.06 of the	106378
Revised Code in the amount of installments on their assessment;	106379

(6) Establish procedures to notify hospitals of adjustments	106380
made under division (D) of section ~~5112.09~~5168.08 of the Revised	106381
Code in the total amount of their assessment and to adjust for the	106382
remainder of the program year the amount of the installments on	106383
the assessments;	106384

(7) Establish, in accordance with section ~~5112.08~~5168.09 of	106385
the Revised Code, the methodology for paying hospitals under that	106386
section.	106387

The director shall consult with hospitals when adopting the	106388
rules required by divisions (A)(4) and (5) of this section in	106389
order to minimize hospitals' cash flow difficulties.	106390

(B) Rules adopted under this section may provide that "total	106391
facility costs" excludes costs associated with any of the	106392
following:	106393

(1) ~~Recipients of the medical assistance program~~Medicaid	106394
recipients;	106395

(2) Recipients of disability financial assistance provided	106396
under Chapter 5115. of the Revised Code;	106397

(3) Recipients of the program for medically handicapped	106398
children established under section 3701.023 of the Revised Code;	106399

(4) ~~Recipients of the medicare program established under~~	106400
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	106401
~~U.S.C.A. 301, as amended:~~Medicare beneficiaries;	106402

(5) Recipients of Title V of the "Social Security Act," 42	106403
U.S.C. 701 et seq.,;	106404

(6) Any other category of costs deemed appropriate by the	106405
director in accordance with Title XIX of the "Social Security	106406
Act," 42 U.S.C. 1396 et seq., and the rules adopted under that	106407
title.	106408

~~Sec. 5112.05.~~ Sec. 5168.03. The requirements of sections ~~5112.06~~	106409
5168.06 to ~~5112.09~~5168.09 of the Revised Code apply only as long	106410
as the United States health care financing administration	106411
determines that the assessment imposed under section ~~5112.06~~	106412
5168.06 of the Revised Code is a permissible health care-related	106413
tax pursuant to ~~section 1903(w) of~~ the "Social Security Act," 49	106414
~~Stat. 620 (1935)~~section 1903(w), 42 U.S.C.A. 1396b(w)~~, as~~	106415
~~amended~~. Whenever the department of ~~job and family services~~	106416
medicaid is informed that the assessment is an impermissible	106417
health care-related tax, the department shall promptly refund to	106418
each hospital the amount of money currently in the hospital care	106419
assurance program fund created by section ~~5112.18~~5168.11 of the	106420
Revised Code that has been paid by the hospital under section	106421
~~5112.06~~5168.06 or ~~5112.07~~5168.07 of the Revised Code, plus any	106422
investment earnings on that amount.	106423

~~Sec. 5112.10.~~ Sec. 5168.04. The department of ~~job and family~~	106424
~~services~~medicaid shall operate the hospital care assurance	106425
program established by sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14	106426
of the Revised Code on a program year basis. The department shall	106427
complete all program requirements on or before the thirtieth day	106428
of September each year.	106429

~~Sec. 5112.04.~~ Sec. 5168.05. (A) Except as provided in division (C)	106430
of this section, each hospital, on or before the first day of July	106431
of each year or at a later date approved by the medicaid director	106432
~~of job and family services~~, shall submit to the department of ~~job~~	106433
~~and family services~~medicaid a financial statement for the	106434
preceding calendar year that accurately reflects the income,	106435
expenses, assets, liabilities, and net worth of the hospital, and	106436
accompanying notes. A hospital that has a fiscal year different	106437
from the calendar year shall file its financial statement within	106438
one hundred eighty days of the end of its fiscal year or at a	106439
later date approved by the director ~~of job and family services~~.	106440
The financial statement shall be prepared by an independent	106441
certified public accountant and reflect an official audit report	106442
prepared in a manner consistent with generally accepted accounting	106443
principles. The financial statement shall, to the extent that the	106444
hospital has sufficient financial records, show bad debt and	106445
charity care separately from courtesy care and contractual	106446
allowances.	106447

(B) Except as provided in division (C) of this section, each	106448
hospital, within one hundred eighty days after the end of the	106449
hospital's cost reporting period, shall submit to the department a	106450
cost report in a format prescribed in rules adopted ~~by the~~	106451
~~director of job and family services~~ under section ~~5112.03~~5168.02	106452
of the Revised Code. The department shall grant a hospital an	106453
extension of the one hundred eighty day period if the health care	106454
financing administration of the United States department of health	106455
and human services extends the date by which the hospital must	106456
submit its cost report for the hospital's cost reporting period.	106457

(C) The director ~~of job and family services~~ may adopt rules	106458
under section ~~5112.03~~5168.02 of the Revised Code specifying	106459
financial information that must be submitted by hospitals for	106460
which no financial statement or cost report is available. The	106461
rules shall specify deadlines for submitting the information. Each	106462
such hospital shall submit the information specified in the rules	106463
not later than the deadline specified in the rules.	106464

~~Sec. 5112.06.~~ Sec. 5168.06. (A) For the purpose of distributing	106465
funds to hospitals under the ~~medical assistance~~medicaid program	106466
pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the	106467
Revised Code and depositing funds into the legislative budget	106468
services fund under section ~~5112.19~~5168.12 of the Revised Code	106469
and into the health care services administration fund created	106470
under section ~~5111.94~~5162.54 of the Revised Code, there is hereby	106471
imposed an assessment on all hospitals. Each hospital's assessment	106472
shall be based on total facility costs. All hospitals shall be	106473
assessed according to the rate or rates established each program	106474
year ~~by the department of job and family services~~ in rules adopted	106475
under section ~~5112.03~~5168.02 of the Revised Code. The department	106476
shall assess all hospitals uniformly and in a manner consistent	106477
with federal statutes and regulations. During any program year,	106478
the department shall not assess any hospital more than two per	106479
cent of the hospital's total facility costs.	106480

The department shall establish an assessment rate or rates	106481
each program year that will do both of the following:	106482

(1) Yield funds that, when combined with intergovernmental	106483
transfers and federal matching funds, will produce a program of	106484
sufficient size to pay a substantial portion of the indigent care	106485
provided by hospitals;	106486

(2) Yield funds that, when combined with intergovernmental	106487
transfers and federal matching funds, will produce amounts for	106488
distribution to disproportionate share hospitals that do not	106489
exceed, in the aggregate, the limits prescribed by the United	106490
States health care financing administration under ~~subsection (f)~~	106491
~~of section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	106492
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	106493

(B)(1) Except as provided in division (B)(3) of this section,	106494
each hospital shall pay its assessment in periodic installments in	106495
accordance with a schedule established ~~by the director of job and~~	106496
~~family services~~ in rules adopted under section ~~5112.03~~5168.02 of	106497
the Revised Code.	106498

(2) The installments shall be equal in amount, unless either	106499
of the following applies:	106500

(a) The department makes adjustments during a program year	106501
under division (D) of section ~~5112.09~~5168.08 of the Revised Code	106502
in the total amount of hospitals' assessments;	106503

(b) The medicaid director ~~of job and family services~~	106504
determines that adjustments in the amounts of installments are	106505
necessary for the administration of sections ~~5112.01~~5168.01 to	106506
~~5112.21~~5168.14 of the Revised Code and that unequal installments	106507
will not create cash flow difficulties for hospitals.	106508

(3) The director may adopt rules under section ~~5112.03~~	106509
5168.02 of the Revised Code establishing alternate schedules for	106510
hospitals to pay assessments under this section in order to reduce	106511
hospitals' cash flow difficulties.	106512

~~Sec. 5112.07.~~ Sec. 5168.07. (A) The department of ~~job and family~~	106513
~~services~~medicaid may require governmental hospitals to make	106514
intergovernmental transfers each program year for the purpose of	106515
distributing funds to hospitals under the ~~medical assistance~~	106516
medicaid program pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~	106517
5168.14 of the Revised Code and depositing funds into the	106518
legislative budget services fund under section ~~5112.19~~5168.12 of	106519
the Revised Code and into the health care services administration	106520
fund created under section ~~5111.94~~5162.54 of the Revised Code.	106521
The department shall not require transfers in an amount that, when	106522
combined with hospital assessments paid under section ~~5112.06~~	106523
5168.06 of the Revised Code and federal matching funds, produce	106524
amounts for distribution to disproportionate share hospitals that,	106525
in the aggregate, exceed limits prescribed by the United States	106526
health care financing administration under ~~subsection (f) of~~	106527
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	106528
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	106529

(B) Before or during each program year, the department shall	106530
notify each governmental hospital of the amount of the	106531
intergovernmental transfer it is required to make during the	106532
program year. Each governmental hospital shall make	106533
intergovernmental transfers as required by the department under	106534
this section in periodic installments, executed by electronic fund	106535
transfer, in accordance with a schedule established in rules	106536
adopted under section ~~5112.03~~5168.02 of the Revised Code.	106537

~~Sec. 5112.09.~~ Sec. 5168.08. (A) Before or during each program	106538
year, the department of ~~job and family services~~medicaid shall	106539
mail to each hospital by certified mail, return receipt requested,	106540
the preliminary determination of the amount that the hospital is	106541
assessed under section ~~5112.06~~5168.06 of the Revised Code during	106542
the program year. The preliminary determination of a hospital's	106543
assessment shall be calculated for a cost-reporting period that is	106544
specified in rules adopted under section ~~5112.03~~5168.02 of the	106545
Revised Code.	106546

The department shall consult with hospitals each year when	106547
determining the date on which it will mail the preliminary	106548
determinations in order to minimize hospitals' cash flow	106549
difficulties.	106550

If no hospital submits a request for reconsideration under	106551
division (B) of this section, the preliminary determination	106552
constitutes the final reconciliation of each hospital's assessment	106553
under section ~~5112.06~~5168.06 of the Revised Code. The final	106554
reconciliation is subject to adjustments under division (D) of	106555
this section.	106556

(B) Not later than fourteen days after the preliminary	106557
determinations are mailed, any hospital may submit to the	106558
department a written request to reconsider the preliminary	106559
determinations. The request shall be accompanied by written	106560
materials setting forth the basis for the reconsideration. If one	106561
or more hospitals submit a request, the department shall hold a	106562
public hearing not later than thirty days after the preliminary	106563
determinations are mailed to reconsider the preliminary	106564
determinations. The department shall mail to each hospital a	106565
written notice of the date, time, and place of the hearing at	106566
least ten days prior to the hearing. On the basis of the evidence	106567
submitted to the department or presented at the public hearing,	106568
the department shall reconsider and may adjust the preliminary	106569
determinations. The result of the reconsideration is the final	106570
reconciliation of the hospital's assessment under section ~~5112.06~~	106571
5168.06 of the Revised Code. The final reconciliation is subject	106572
to adjustments under division (D) of this section.	106573

(C) The department shall mail to each hospital a written	106574
notice of its assessment for the program year under the final	106575
reconciliation. A hospital may appeal the final reconciliation of	106576
its assessment to the court of common pleas of Franklin county.	106577
While a judicial appeal is pending, the hospital shall pay, in	106578
accordance with the schedules required by division (B) of section	106579
~~5112.06~~5168.06 of the Revised Code, any amount of its assessment	106580
that is not in dispute into the hospital care assurance program	106581
fund created in section ~~5112.18~~5168.11 of the Revised Code.	106582

(D) In the course of any program year, the department may	106583
adjust the assessment rate or rates established in rules pursuant	106584
to section ~~5112.06~~5168.06 of the Revised Code or adjust the	106585
amounts of intergovernmental transfers required under section	106586
~~5112.07~~5168.07 of the Revised Code and, as a result of the	106587
adjustment, adjust each hospital's assessment and	106588
intergovernmental transfer, to reflect refinements made by the	106589
United States health care financing administration during that	106590
program year to the limits it prescribed under ~~subsection (f) of~~	106591
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	106592
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~. When	106593
adjusted, the assessment rate or rates must comply with division	106594
(A) of section ~~5112.06~~5168.06 of the Revised Code. An adjusted	106595
intergovernmental transfer must comply with division (A) of	106596
section ~~5112.07~~5168.07 of the Revised Code. The department shall	106597
notify hospitals of adjustments made under this division and	106598
adjust for the remainder of the program year the installments paid	106599
by hospitals under sections ~~5112.06~~5168.06 and ~~5112.07~~5168.07 of	106600
the Revised Code in accordance with rules adopted under section	106601
~~5112.03~~5168.02 of the Revised Code.	106602

~~Sec. 5112.08.~~ Sec. 5168.09. The medicaid director ~~of job and~~	106603
~~family services~~ shall adopt rules under section ~~5112.03~~5168.02 of	106604
the Revised Code establishing a methodology to pay hospitals that	106605
is sufficient to expend all money in the indigent care pool. Under	106606
the rules:	106607

(A) The department of ~~job and family services~~medicaid may	106608
classify similar hospitals into groups and allocate funds for	106609
distribution within each group.	106610

(B) The department shall establish a method of allocating	106611
funds to hospitals, taking into consideration the relative amount	106612
of indigent care provided by each hospital or group of hospitals.	106613
The amount to be allocated shall be based on any combination of	106614
the following indicators of indigent care that the director	106615
considers appropriate:	106616

(1) Total costs, volume, or proportion of services to	106617
recipients of the medical assistance program, including recipients	106618
enrolled in health insuring corporations;	106619

(2) Total costs, volume, or proportion of services to	106620
low-income patients in addition to medicaid recipients ~~of the~~	106621
~~medical assistance program~~, which may include recipients of Title	106622
V of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	106623
~~301~~701 et seq., ~~as amended,~~ and recipients of disability	106624
financial assistance provided under Chapter 5115. of the Revised	106625
Code;	106626

(3) The amount of uncompensated care provided by the hospital	106627
or group of hospitals;	106628

(4) Other factors that the director considers to be	106629
appropriate indicators of indigent care.	106630

(C) The department shall distribute funds to each hospital or	106631
group of hospitals in a manner that first may provide for an	106632
additional distribution to individual hospitals that provide a	106633
high proportion of indigent care in relation to the total care	106634
provided by the hospital or in relation to other hospitals. The	106635
department shall establish a formula to distribute the remainder	106636
of the funds. The formula shall be consistent with ~~section 1923 of~~	106637
the "Social Security Act," section 1923, 42 U.S.C.A. 1396r-4, as	106638
~~amended,~~and shall be based on any combination of the indicators	106639
of indigent care listed in division (B) of this section that the	106640
director considers appropriate.	106641

(D) The department shall distribute funds to each hospital in	106642
installments not later than ten working days after the deadline	106643
established in rules for each hospital to pay an installment on	106644
its assessment under section ~~5112.06~~5168.06 of the Revised Code.	106645
In the case of a governmental hospital that makes	106646
intergovernmental transfers, the department shall pay an	106647
installment under this section not later than ten working days	106648
after the earlier of that deadline or the deadline established in	106649
rules for the governmental hospital to pay an installment on its	106650
intergovernmental transfer. If the amount in the hospital care	106651
assurance program fund created under section ~~5112.18~~5168.11 of	106652
the Revised Code and the portion of the health care - federal fund	106653
created under section ~~5111.943~~5162.50 of the Revised Code that is	106654
credited to that fund pursuant to division (B) of section ~~5112.18~~	106655
5168.11 of the Revised Code are insufficient to make the total	106656
distributions for which hospitals are eligible to receive in any	106657
period, the department shall reduce the amount of each	106658
distribution by the percentage by which the amount and portion are	106659
insufficient. The department shall distribute to hospitals any	106660
amounts not distributed in the period in which they are due as	106661
soon as moneys are available in the funds.	106662

~~Sec. 5112.11.~~ Sec. 5168.10. Except for moneys deposited into the	106663
legislative budget services fund under section ~~5112.19~~5168.12 of	106664
the Revised Code and the health care services administration fund	106665
created under section ~~5111.94~~5162.54 of the Revised Code, the	106666
department of ~~job and family services~~medicaid shall not use money	106667
paid to the department under sections ~~5112.06~~5168.06 and ~~5112.07~~	106668
5168.07 of the Revised Code or money that the department pays to	106669
hospitals under section ~~5112.08~~5168.09 of the Revised Code to	106670
replace any funds appropriated by the general assembly for the	106671
~~medical assistance~~medicaid program.	106672

~~Sec. 5112.18.~~ Sec. 5168.11. (A) Except as provided in section	106673
~~5112.19~~5168.12 of the Revised Code, all payments of assessments	106674
by hospitals under section ~~5112.06~~5168.06 of the Revised Code and	106675
all intergovernmental transfers under section ~~5112.07~~5168.07 of	106676
the Revised Code shall be deposited in the state treasury to the	106677
credit of the hospital care assurance program fund, hereby	106678
created. All investment earnings of the hospital care assurance	106679
program fund shall be credited to the fund. The department of ~~job~~	106680
~~and family services~~medicaid shall maintain records that show the	106681
amount of money in the hospital care assurance program fund at any	106682
time that has been paid by each hospital and the amount of any	106683
investment earnings on that amount. All moneys credited to the	106684
hospital care assurance program fund shall be used solely to make	106685
payments to hospitals under division (D) of this section and	106686
section ~~5112.08~~5168.09 of the Revised Code.	106687

(B) All federal matching funds received as a result of the	106688
department distributing funds from the hospital care assurance	106689
program fund to hospitals under section ~~5112.08~~5168.09 of the	106690
Revised Code shall be credited to the health care - federal fund	106691
created under section ~~5111.943~~5162.50 of the Revised Code.	106692

(C) All distributions of funds to hospitals under section	106693
~~5112.08~~5168.09 of the Revised Code are conditional on:	106694

(1) Expiration of the time for appeals under section ~~5112.09~~	106695
5168.08 of the Revised Code without the filing of an appeal, or on	106696
court determinations, in the event of appeals, that the hospital	106697
is entitled to the funds;	106698

(2) The sum of the following being sufficient to distribute	106699
the funds after the final determination of any appeals:	106700

(a) The available money in the hospital care assurance	106701
program fund;	106702

(b) The available portion of the money in the health care -	106703
federal fund that is credited to that fund pursuant to division	106704
(B) of this section.	106705

(3) The hospital's compliance with section ~~5112.17~~5168.14 of	106706
the Revised Code.	106707

(D) If an audit conducted by the department of the amounts of	106708
payments made and funds received by hospitals under sections	106709
~~5112.06~~5168.06, ~~5112.07~~5168.07, and ~~5112.08~~5168.09 of the	106710
Revised Code identifies amounts that, due to errors by the	106711
department, a hospital should not have been required to pay but	106712
did pay, should have been required to pay but did not pay, should	106713
not have received but did receive, or should have received but did	106714
not receive, the department shall:	106715

(1) Make payments to any hospital that the audit reveals paid	106716
amounts it should not have been required to pay or did not receive	106717
amounts it should have received;	106718

(2) Take action to recover from a hospital any amounts that	106719
the audit reveals it should have been required to pay but did not	106720
pay or that it should not have received but did receive.	106721

Payments made under division (D)(1) of this section shall be	106722
made from the hospital care assurance program fund. Amounts	106723
recovered under division (D)(2) of this section shall be deposited	106724
to the credit of that fund. Any hospital may appeal the amount the	106725
hospital is to be paid under division (D)(1) or the amount that is	106726
to be recovered from the hospital under division (D)(2) of this	106727
section to the court of common pleas of Franklin county.	106728

~~Sec. 5112.19.~~ Sec. 5168.12. From the first installment of	106729
assessments paid under section ~~5112.06~~5168.06 of the Revised Code	106730
and intergovernmental transfers made under section ~~5112.07~~5168.07	106731
of the Revised Code during each program year beginning in an	106732
odd-numbered calendar year, the department of ~~job and family~~	106733
~~services~~medicaid shall deposit into the state treasury to the	106734
credit of the legislative budget services fund, which is hereby	106735
created, a total amount equal to the amount by which the biennial	106736
appropriation from that fund exceeds the amount of unexpended,	106737
unencumbered moneys in that fund. All investment earnings of the	106738
legislative budget services fund shall be credited to that fund.	106739
Money in the legislative budget services fund shall be used solely	106740
to pay the expenses of the legislative budget office of the	106741
legislative service commission.	106742

~~Sec. 5112.21.~~ Sec. 5168.13. Except as specifically required by	106743
sections ~~5112.01~~5168.01 to ~~5112.19~~5168.14 of the Revised Code,	106744
information filed under those sections shall not include any	106745
patient-identifying material. Information that includes	106746
patient-identifying material is not a public record under section	106747
149.43 of the Revised Code, and no patient-identifying material	106748
shall be released publicly by the department of ~~job and family~~	106749
~~services~~medicaid or by any person under contract with the	106750
department who has access to such information.	106751

~~Sec. 5112.17.~~ Sec. 5168.14. (A) ~~As used in this section:~~

106752

~~(1) "Federal poverty guideline" means the official poverty~~	106753
~~guideline as revised annually by the United States secretary of~~	106754
~~health and human services in accordance with section 673 of the~~	106755
~~"Community Service Block Grant Act," 95 Stat. 511 (1981), 42~~	106756
~~U.S.C.A. 9902, as amended, for a family size equal to the size of~~	106757
~~the family of the person whose income is being determined.~~	106758

~~(2) "Third-party payer" means any private or public entity or~~	106759
~~program that may be liable by law or contract to make payment to~~	106760
~~or on behalf of an individual for health care services.~~	106761
~~"Third-party payer" does not include a hospital.~~	106762

~~(B)~~ Each hospital that receives funds distributed under	106763
sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the Revised Code	106764
shall provide, without charge to the individual, basic, medically	106765
necessary hospital-level services to individuals who are residents	106766
of this state, are not medicaid recipients ~~of the medical~~	106767
~~assistance program~~, and whose income is at or below the federal	106768
poverty ~~guideline~~line. Recipients of disability financial	106769
assistance provided under Chapter 5115. of the Revised Code	106770
qualify for services under this section. The medicaid director of	106771
~~job and family services~~ shall adopt rules under section ~~5112.03~~	106772
5168.02 of the Revised Code specifying the hospital services to be	106773
provided under this section.	106774

~~(C)~~(B) Nothing in this section shall be construed to prevent	106775
a hospital from requiring an individual to apply for ~~eligibility~~	106776
~~under~~ the ~~medical assistance~~medicaid program before the hospital	106777
processes an application under this section. Hospitals may bill	106778
any third-party payer for services rendered under this section.	106779
Hospitals may bill the ~~medical assistance~~medicaid program, in	106780
accordance with ~~Chapter 5111. of the Revised Code~~state statutes	106781
governing the medicaid program and ~~the~~ rules adopted under ~~that~~	106782
~~chapter~~those statutes, for medicaid services rendered under this	106783
section if the individual becomes a medicaid recipient ~~of the~~	106784
~~program~~. Hospitals may bill individuals for services under this	106785
section if all of the following apply:	106786

(1) The hospital has an established post-billing procedure	106787
for determining the individual's income and canceling the charges	106788
if the individual is found to qualify for services under this	106789
section.	106790

(2) The initial bill, and at least the first follow-up bill,	106791
is accompanied by a written statement that does all of the	106792
following:	106793

(a) Explains that individuals with income at or below the	106794
federal poverty ~~guideline~~line are eligible for services without	106795
charge;	106796

(b) Specifies the federal poverty ~~guideline~~line for	106797
individuals and families of various sizes at the time the bill is	106798
sent;	106799

(c) Describes the procedure required by division (C)(1) of	106800
this section.	106801

(3) The hospital complies with any additional rules ~~the~~	106802
~~department adopts~~adopted under section ~~5112.03~~5168.02 of the	106803
Revised Code.	106804

Notwithstanding division (B) of this section, a hospital	106805
providing care to an individual under this section is subrogated	106806
to the rights of any individual to receive compensation or	106807
benefits from any person or governmental entity for the hospital	106808
goods and services rendered.	106809

~~(D)~~(C) Each hospital shall collect and report to the	106810
department of medicaid, in the form and manner prescribed by the	106811
department, information on the number and identity of patients	106812
served pursuant to this section.	106813

~~(E)~~(D) This section applies beginning May 22, 1992,	106814
regardless of whether ~~the department has adopted~~ rules specifying	106815
the services to be provided have been adopted. Nothing in this	106816
section alters the scope or limits the obligation of any	106817
governmental entity or program, including the program awarding	106818
reparations to victims of crime under sections 2743.51 to 2743.72	106819
of the Revised Code and the program for medically handicapped	106820
children established under section 3701.023 of the Revised Code,	106821
to pay for hospital services in accordance with state or local	106822
law.	106823

~~Sec. 5112.40.~~ Sec. 5168.20. As used in sections ~~5112.40~~5168.20 to	106824
~~5112.48~~5168.28 of the Revised Code:	106825

(A) "Applicable assessment percentage" means the percentage	106826
specified in rules adopted under section ~~5112.46~~5168.26 of the	106827
Revised Code that is used in calculating a hospital's assessment	106828
under section ~~5112.41~~5168.21 of the Revised Code.	106829

(B) "Assessment program year" means the twelve-month period	106830
beginning the first day of October of a calendar year and ending	106831
the last day of September of the following calendar year.	106832

(C) "Cost reporting period" means the period of time used by	106833
a hospital in reporting costs for purposes of the medicare	106834
program.	106835

(D) "Federal fiscal year" means the twelve-month period	106836
beginning the first day of October of a calendar year and ending	106837
the last day of September of the following calendar year.	106838

(E)(1) Except as provided in division (E)(2) of this section,	106839
"hospital" means a hospital to which any of the following applies:	106840

(a) The hospital is registered under section 3701.07 of the	106841
Revised Code as a general medical and surgical hospital or a	106842
pediatric general hospital and provides inpatient hospital	106843
services, as defined in 42 C.F.R. 440.10.	106844

(b) The hospital is recognized under the medicare program as	106845
a cancer hospital and is exempt from the medicare prospective	106846
payment system.	106847

(c) The hospital is a psychiatric hospital licensed under	106848
section ~~5119.20~~5119.33 of the Revised Code.	106849

(2) "Hospital" does not include either of the following:

106850

(a) A federal hospital;

106851

(b) A hospital that does not charge any of its patients for	106852
its services.	106853

(F) "Hospital care assurance program" means the program	106854
established under sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of	106855
the Revised Code.	106856

(G) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	106857
~~the Revised Code.~~	106858

~~(H) "Medicare" means the program established under Title~~	106859
~~XVIII of the Social Security Act.~~	106860

~~(I)~~ "State fiscal year" means the twelve-month period	106861
beginning the first day of July of a calendar year and ending the	106862
last day of June of the following calendar year.	106863

~~(J)~~(H)(1) Except as provided in divisions ~~(J)~~(H)(2) and (3)	106864
of this section, "total facility costs" means the total costs to a	106865
hospital for all care provided to all patients, including the	106866
direct, indirect, and overhead costs to the hospital of all	106867
services, supplies, equipment, and capital related to the care of	106868
patients, regardless of whether patients are enrolled in a health	106869
insuring corporation.	106870

(2) "Total facility costs" excludes all of the following of a	106871
hospital's costs as shown on the cost-reporting data used for	106872
purposes of determining the hospital's assessment under section	106873
~~5112.41~~5168.21 of the Revised Code:	106874

(a) Skilled nursing services provided in distinct-part	106875
nursing facility units;	106876

(b) Home health services;

106877

106878

(d) Ambulance services;

106879

(e) Renting durable medical equipment;

106880

(f) Selling durable medical equipment.

106881

(3) "Total facility costs" excludes any costs excluded from a	106882
hospital's total facility costs pursuant to rules, if any, adopted	106883
under division (B)(1) of section ~~5112.46~~5168.26 of the Revised	106884
Code.	106885

~~Sec. 5112.41.~~ Sec. 5168.21. (A) For the purposes specified in	106886
section ~~5112.45~~5168.25 of the Revised Code and subject to	106887
section ~~5112.48~~5168.28 of the Revised Code, there is hereby	106888
imposed an assessment on all hospitals each assessment program	106889
year. The amount of a hospital's assessment for an assessment	106890
program year shall equal the applicable assessment percentage of	106891
the hospital's total facility costs for the period of time	106892
specified in division (B) of this section. The amount of a	106893
hospital's total facility costs shall be derived from	106894
cost-reporting data for the hospital submitted to the department	106895
of ~~job and family services~~medicaid for purposes of the hospital	106896
care assurance program. If a hospital has not submitted that	106897
cost-reporting data to the department, the amount of a hospital's	106898
total facility costs shall be derived from other financial	106899
statements that the hospital shall provide to the department as	106900
directed by the department. The cost-reporting data or financial	106901
statements used to determine a hospital's assessment is subject to	106902
the same type of adjustments made to the cost-reporting data under	106903
the hospital care assurance program.	106904

(B) The period of time specified in this division is the	106905
hospital's cost reporting period that ends in the state fiscal	106906
year that ends in the federal fiscal year that precedes the	106907
federal fiscal year that precedes the assessment program year for	106908
which the assessment is imposed.	106909

(C) The assessment imposed by this section on a hospital is	106910
in addition to the assessment imposed by section ~~5112.06~~5168.06	106911
of the Revised Code.	106912

~~Sec. 5112.42.~~ Sec. 5168.22. (A) Before or during each assessment	106913
program year, the department of ~~job and family services~~medicaid	106914
shall mail to each hospital by certified mail, return receipt	106915
requested, the preliminary determination of the amount that the	106916
hospital is assessed under section ~~5112.41~~5168.21 of the Revised	106917
Code for the assessment program year. Except as provided in	106918
division (B) of this section, the preliminary determination	106919
becomes the final determination for the assessment program year	106920
fifteen days after the preliminary determination is mailed to the	106921
hospital.	106922

(B) A hospital may request that the department reconsider the	106923
preliminary determination mailed to the hospital under division	106924
(A) of this section by submitting to the department a written	106925
request for a reconsideration not later than fourteen days after	106926
the hospital's preliminary determination is mailed to the	106927
hospital. The request must be accompanied by written materials	106928
setting forth the basis for the reconsideration. On receipt of the	106929
timely request, the department shall reconsider the preliminary	106930
determination and may adjust the preliminary determination on the	106931
basis of the written materials accompanying the request. The	106932
result of the reconsideration is the final determination of the	106933
hospital's assessment under section ~~5112.41~~5168.21 of the Revised	106934
Code for the assessment program year.	106935

(C) The department shall mail to each hospital a written	106936
notice of the final determination of its assessment for the	106937
assessment program year. A hospital may appeal the final	106938
determination to the court of common pleas of Franklin county.	106939
While a judicial appeal is pending, the hospital shall pay, in	106940
accordance with section ~~5112.43~~5168.23 of the Revised Code, any	106941
amount of its assessment that is not in dispute.	106942

~~Sec. 5112.43.~~ Sec. 5168.23. Unless rules adopted under section	106943
~~5112.46~~5168.26 of the Revised Code establish a different payment	106944
schedule, each hospital shall pay the amount it is assessed under	106945
section ~~5112.41~~5168.21 of the Revised Code in accordance with the	106946
following payment schedule:	106947

(A) Twenty-eight per cent of a hospital's assessment is due	106948
on the last business day of October of each assessment program	106949
year.	106950

(B) Thirty-one per cent of a hospital's assessment is due on	106951
the last business day of February of each assessment program year.	106952

(C) Forty-one per cent of a hospital's assessment is due on	106953
the last business day of May of each assessment program year.	106954

~~Sec. 5112.44.~~ Sec. 5168.24. The department of ~~job and family~~	106955
~~services~~medicaid may audit a hospital to ensure that the hospital	106956
properly pays the amount it is assessed under section ~~5112.41~~	106957
5168.21 of the Revised Code. The department shall take action to	106958
recover from a hospital any amount the audit reveals that the	106959
hospital should have paid but did not pay.	106960

~~Sec. 5112.45.~~ Sec. 5168.25. There is hereby created in the state	106961
treasury the hospital assessment fund. All installment payments	106962
made by hospitals under section ~~5112.43~~5168.23 of the Revised	106963
Code and all recoveries the department of ~~job and family services~~	106964
medicaid makes under section ~~5112.44~~5168.24 of the Revised Code	106965
shall be deposited into the fund. All investment earnings of the	106966
fund shall be credited to the fund. The department shall use money	106967
in the fund to pay for the costs of the medicaid program,	106968
including the program's administrative costs.	106969

~~Sec. 5112.46.~~ Sec. 5168.26. (A) The ~~director of job and family~~	106970
~~services shall adopt, amend, and rescind~~medicaid director shall	106971
adopt rules in accordance with Chapter 119. of the Revised Code as	106972
necessary to implement sections ~~5112.40~~5168.20 to ~~5112.48~~5168.28	106973
of the Revised Code, including rules that specify the percentage	106974
of hospitals' total facility costs to be used in calculating	106975
hospitals' assessments under section ~~5112.41~~5168.21 of the	106976
Revised Code.	106977

(B) The rules adopted under this section may do the	106978
following:	106979

(1) Provide that a hospital's total facility costs for the	106980
purpose of the assessment under section ~~5112.41~~5168.21 of the	106981
Revised Code exclude any of the following:	106982

(a) A hospital's costs associated with providing care to	106983
recipients of any of the following:	106984

(i) The medicaid program;

106985

(ii) The medicare program;

106986

(iii) The disability financial assistance program established	106987
under Chapter 5115. of the Revised Code;	106988

(iv) The program for medically handicapped children	106989
established under section 3701.023 of the Revised Code;	106990

(v) Services provided under the maternal and child health	106991
services block grant established under Title V of the "Social	106992
Security Act," 42 U.S.C. 701 et seq.	106993

(b) Any other category of hospital costs the director deems	106994
appropriate under federal law and regulations governing the	106995
medicaid program.	106996

(2) Subject to division (C) of this section, provide for the	106997
percentage of hospitals' total facility costs used in calculating	106998
hospitals' assessments to vary for different hospitals;	106999

(3) To reduce hospitals' cash flow difficulties, establish a	107000
schedule for hospitals to pay their assessments that is different	107001
from the schedule established under section ~~5112.43~~5168.23 of the	107002
Revised Code.	107003

(C) Before adopting rules authorized by division (B)(2) of	107004
this section that establish varied percentages to be used in	107005
calculating hospitals' assessments, the director shall obtain a	107006
waiver from the United States secretary of health and human	107007
services under ~~section 1903(w)(3)(E) of~~ the "Social Security Act,"	107008
~~105 Stat. 1796 (1991)~~section 1903(w)(3)(E), 42 U.S.C.	107009
1396b(w)(3)(E), ~~as amended,~~ if the varied percentages would cause	107010
the assessments to not be imposed uniformly.	107011

~~Sec. 5112.47.~~ Sec. 5168.27. The medicaid director ~~of job and~~	107012
~~family services~~ shall implement the assessment imposed by section	107013
~~5112.41~~5168.21 of the Revised Code in a manner that does not	107014
cause a reduction in federal financial participation for the	107015
medicaid program under the "Social Security Act," section 1903(w),	107016
42 U.S.C. 1396b(w).	107017

~~Sec. 5112.48.~~ Sec. 5168.28. If the United States secretary of	107018
health and human services determines that the assessment imposed	107019
by section ~~5112.41~~5168.21 of the Revised Code is an	107020
impermissible health care-related tax under the "Social Security	107021
Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director	107022
~~of job and family services~~ shall take all necessary actions to	107023
cease implementation of sections ~~5112.40~~5168.20 to ~~5112.47~~	107024
5168.27 of the Revised Code and shall promptly refund to each	107025
hospital the amount of money in the hospital assessment fund at	107026
the time the refund is to be made that the hospital paid under	107027
section ~~5112.43~~5168.23 of the Revised Code, plus any	107028
corresponding investment earnings on that amount.	107029

~~Sec. 3721.50.~~ Sec. 5168.40. As used in sections ~~3721.50~~5168.40 to	107030
~~3721.58~~5168.56 of the Revised Code:	107031

(A) "Bed surrender" means the following:

107032

(1) In the case of a nursing home, the removal of a bed from	107033
a nursing home's licensed capacity in a manner that reduces the	107034
total licensed capacity of all nursing homes;	107035

(2) In the case of a hospital, the removal of a hospital bed	107036
from registration under section 3701.07 of the Revised Code as a	107037
skilled nursing facility bed or long-term care bed in a manner	107038
that reduces the total number of hospital beds registered under	107039
that section as skilled nursing facility beds or long-term care	107040
beds.	107041

(B) "Change of operator" means an entering operator becoming	107042
the operator of a nursing home or hospital in the place of the	107043
exiting operator.	107044

(1) Actions that constitute a change of operator include the	107045
following:	107046

(a) A change in an exiting operator's form of legal	107047
organization, including the formation of a partnership or	107048
corporation from a sole proprietorship;	107049

(b) A transfer of all the exiting operator's ownership	107050
interest in the operation of the nursing home or hospital to the	107051
entering operator, regardless of whether ownership of any or all	107052
of the real property or personal property associated with the	107053
nursing home or hospital is also transferred;	107054

(c) A lease of the nursing home or hospital to the entering	107055
operator or the exiting operator's termination of the exiting	107056
operator's lease;	107057

(d) If the exiting operator is a partnership, dissolution of	107058
the partnership;	107059

(e) If the exiting operator is a partnership, a change in	107060
composition of the partnership unless both of the following apply:	107061

(i) The change in composition does not cause the	107062
partnership's dissolution under state law.	107063

(ii) The partners agree that the change in composition does	107064
not constitute a change in operator.	107065

(f) If the operator is a corporation, dissolution of the	107066
corporation, a merger of the corporation into another corporation	107067
that is the survivor of the merger, or a consolidation of one or	107068
more other corporations to form a new corporation.	107069

(2) The following, alone, do not constitute a change of	107070
operator:	107071

(a) A contract for an entity to manage a nursing home or	107072
hospital as the operator's agent, subject to the operator's	107073
approval of daily operating and management decisions;	107074

(b) A change of ownership, lease, or termination of a lease	107075
of real property or personal property associated with a nursing	107076
home or hospital if an entering operator does not become the	107077
operator in place of an exiting operator;	107078

(c) If the operator is a corporation, a change of one or more	107079
members of the corporation's governing body or transfer of	107080
ownership of one or more shares of the corporation's stock, if the	107081
same corporation continues to be the operator.	107082

(C) "Effective date of a change of operator" means the day an	107083
entering operator becomes the operator of a nursing home or	107084
hospital.	107085

(D) "Entering operator" means the person or government entity	107086
that will become the operator of a nursing home or hospital on the	107087
effective date of a change of operator.	107088

(E) "Exiting operator" means an operator that will cease to	107089
be the operator of a nursing home or hospital on the effective	107090
date of a change of operator.	107091

(F) "Franchise permit fee rate" means the ~~following:~~

107092

~~(1) For fiscal year 2012, eleven dollars and forty-seven~~	107093
~~cents;~~	107094

~~(2) For fiscal year 2013 and each fiscal year thereafter,~~	107095
~~eleven dollars and sixty-seven cents~~rate determined in accordance	107096
with section 5168.41 of the Revised Code.	107097

(G) "Hospital" has the same meaning as in section 3727.01 of	107098
the Revised Code.	107099

(H) "Hospital long-term care unit" means any distinct part of	107100
a hospital in which any of the following beds are located:	107101

(1) Beds registered pursuant to section 3701.07 of the	107102
Revised Code as skilled nursing facility beds or long-term care	107103
beds;	107104

(2) Beds licensed as nursing home beds under section 3721.02	107105
or 3721.09 of the Revised Code.	107106

(I) "Indirect guarantee percentage" means the percentage	107107
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	107108
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	107109
1396b(w)(4)(C)(ii), that is to be used in determining whether a	107110
class of providers is indirectly held harmless for any portion of	107111
the costs of a broad-based health-care-related tax. If the	107112
indirect guarantee percentage changes during a fiscal year, the	107113
indirect guarantee percentage is the following:	107114

(1) For the part of the fiscal year before the change takes	107115
effect, the percentage in effect before the change;	107116

(2) For the part of the fiscal year beginning with the date	107117
the indirect guarantee percentage changes, the new percentage.	107118

(J) "Medicaid days" ~~has the same meaning as in section~~	107119
~~5111.01 of the Revised Code.~~	107120

~~(K) "Medicare" means the program established by Title XVIII.~~

107121

~~(L)~~and "~~Nursing~~nursing facility" ~~has~~have the same ~~meaning~~	107122
meanings as in section ~~5111.20~~5165.01 of the Revised Code.	107123

~~(M)~~(K)(1) "Nursing home" means all of the following:

107124

(a) A nursing home licensed under section 3721.02 or 3721.09	107125
of the Revised Code, including any part of a home for the aging	107126
licensed as a nursing home;	107127

(b) A facility or part of a facility, other than a hospital,	107128
that is certified as a skilled nursing facility under Title XVIII;	107129

(c) A nursing facility, other than a portion of a hospital	107130
certified as a nursing facility.	107131

(2) "Nursing home" does not include either of the following:

107132

(a) A county home, county nursing home, or district home	107133
operated pursuant to Chapter 5155. of the Revised Code;	107134

(b) A nursing home maintained and operated by the department	107135
of veterans services under section 5907.01 of the Revised Code.	107136

~~(N)~~(L) "Operator" means the person or government entity	107137
responsible for the daily operating and management decisions for a	107138
nursing home or hospital.	107139

~~(O)~~(M) "Title XIX" means Title XIX of the "Social Security	107140
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	107141

~~(P)~~(N) "Title XVIII" means Title XVIII of the "Social	107142
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	107143
seq.	107144

Sec. 5168.41. (A) The franchise permit fee rate shall be	107145
determined for each fiscal year as follows:	107146

(1) Determine the estimated total net patient revenues for	107147
all nursing homes and hospital long-term care units for the fiscal	107148
year;	107149

(2) Multiply the estimated total net patient revenues	107150
determined under division (A)(1) of this section by the lesser of	107151
the following:	107152

(a) The indirect guarantee percentage;

107153

(b) Six per cent.

107154

(3) Divide the product determined under division (A)(2) of	107155
this section by the number of days in the fiscal year;	107156

(4) Determine the sum of the following:

107157

(a) The total number of beds in all nursing homes and	107158
hospital long-term care units that are subject to the franchise	107159
permit fee for the fiscal year;	107160

(b) The total number of nursing home beds that are exempt	107161
from the franchise permit fee for the fiscal year because of the	107162
waiver obtained pursuant to section 5168.43 of the Revised Code.	107163

(5) Divide the quotient determined under division (A)(3) of	107164
this section by the sum determined under division (A)(4) of this	107165
section.	107166

(B) In determining the estimated total net patient revenues	107167
for all nursing homes and hospital long-term care units for a	107168
fiscal year, the department of medicaid shall use at least all of	107169
the following:	107170

(1) Information from medicaid cost reports filed under	107171
section 5165.10 of the Revised Code that are the most recent at	107172
the time the determination is made;	107173

(2) The projected total medicaid payment rates for nursing	107174
facility services for the fiscal year;	107175

(3) The projected total number of medicaid days for the	107176
fiscal year.	107177

~~Sec. 3721.51.~~ Sec. 5168.42. The department of ~~job and family~~	107178
~~services~~medicaid shall do all of the following:	107179

(A) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	107180
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	107181
of this section and for the purposes specified in section ~~3721.56~~	107182
5168.54 of the Revised Code, determine an annual franchise permit	107183
fee on each nursing home in an amount equal to the franchise	107184
permit fee rate multiplied by the product of the following:	107185

(1) The number of beds licensed as nursing home beds, plus	107186
any other beds certified as skilled nursing facility beds under	107187
Title XVIII or nursing facility beds under Title XIX on the first	107188
day of May of the calendar year in which the fee is determined	107189
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	107190
Code;	107191

(2) The number of days in the fiscal year beginning on the	107192
first day of July of the calendar year in which the fee is	107193
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	107194
the Revised Code.	107195

(B) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	107196
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	107197
of this section and for the purposes specified in section ~~3721.56~~	107198
5168.54 of the Revised Code, determine an annual franchise permit	107199
fee on each hospital in an amount equal to the franchise permit	107200
fee rate multiplied by the product of the following:	107201

(1) The number of beds registered pursuant to section 3701.07	107202
of the Revised Code as skilled nursing facility beds or long-term	107203
care beds, plus any other beds licensed as nursing home beds under	107204
section 3721.02 or 3721.09 of the Revised Code, on the first day	107205
of May of the calendar year in which the fee is determined	107206
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	107207
Code;	107208

(2) The number of days in the fiscal year beginning on the	107209
first day of July of the calendar year in which the fee is	107210
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	107211
the Revised Code.	107212

(C) If the total amount of the franchise permit fee assessed	107213
under divisions (A) and (B) of this section for a fiscal year	107214
exceeds the indirect guarantee percentage of the actual net	107215
patient revenue for all nursing homes and hospital long-term care	107216
units for that fiscal year and seventy-five per cent or more of	107217
the combined total number of nursing homes and hospital long-term	107218
care units receive enhanced medicaid payments or other state	107219
payments equal to seventy-five per cent or more of their total	107220
franchise permit fee assessments, do both of the following:	107221

(1) Recalculate the assessments under divisions (A) and (B)	107222
of this section using a per bed per day rate equal to the indirect	107223
guarantee percentage of actual net patient revenue for all nursing	107224
homes and hospital long-term care units for that fiscal year;	107225

(2) Refund the difference between the amount of the franchise	107226
permit fee assessed for that fiscal year under divisions (A) and	107227
(B) of this section and the amount recalculated under division	107228
(C)(1) of this section as a credit against the assessments imposed	107229
under divisions (A) and (B) of this section for the subsequent	107230
fiscal year.	107231

(D) If the United States centers for medicare and medicaid	107232
services determines that the franchise permit fee established by	107233
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code is	107234
an impermissible health care-related tax under ~~section 1903(w) of~~	107235
the "Social Security Act," ~~49 Stat. 620 (1935)~~section 1903(w), 42	107236
U.S.C. 1396b(w), ~~as amended,~~ take all necessary actions to cease	107237
implementation of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of	107238
the Revised Code in accordance with rules adopted under section	107239
~~3721.58~~5168.56 of the Revised Code.	107240

~~Sec. 3721.511.~~ Sec. 5168.43. (A) Not later than four months after	107241
July 17, 2009, the department of ~~job and family services~~medicaid	107242
shall apply to the United States secretary of health and human	107243
services for a waiver under the "Social Security Act," section	107244
1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both	107245
of the following regarding the franchise permit fee assessed under	107246
section ~~3721.51~~5168.42 of the Revised Code:	107247

(1) Reduce the franchise permit fee rate to zero dollars for	107248
each nursing home licensed under section 3721.02 or 3721.09 of the	107249
Revised Code to which either of the following applies:	107250

(a) The nursing home:

107251

(i) Is exempt from state taxation under section 140.08 of the	107252
Revised Code or is exempt from state taxation as a home for the	107253
aged as defined in section 5701.13 of the Revised Code;	107254

(ii) Is exempt from federal income taxation under section 501	107255
of the Internal Revenue Code of 1986;	107256

(iii) Does not participate in medicaid or medicare; and

107257

(iv) Provides services for the life of each resident without	107258
regard to the resident's ability to secure payment for the	107259
services.	107260

(b) The nursing home:

107261

(i) Has had a written affiliation agreement with a university	107262
in this state for education and research related to Alzheimer's	107263
disease for each of the twenty years preceding July 17, 2009, and	107264
has such an agreement on July 17, 2009;	107265

(ii) Was constructed pursuant to a certificate of need	107266
granted under Section 3 of Am. Sub. S.B. 256 of the 116th general	107267
assembly; and	107268

(iii) Does not participate in medicaid or medicare.

107269

(2) For each nursing facility with more than two hundred beds	107270
certified as nursing facility beds under Title XIX, reduce the	107271
franchise permit fee rate for a number of the nursing facility's	107272
beds specified by the department to the amount necessary to obtain	107273
approval of the waiver sought under this section.	107274

(B) The effective date of the waiver sought under this	107275
section shall be the first day of the quarter beginning after the	107276
United States secretary approves the waiver.	107277

~~Sec. 3721.512.~~ Sec. 5168.44. If the United States secretary of	107278
health and human services approves the waiver sought under section	107279
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	107280
~~family services~~medicaid shall, for each nursing home and hospital	107281
that qualifies for a reduction of its franchise permit fee rate	107282
under the waiver, reduce the franchise permit fee rate in	107283
accordance with the terms of the waiver. For purposes of the first	107284
fiscal year during which the waiver takes effect, the department	107285
shall determine the amount of the reduction not later than the	107286
effective date of the waiver and shall mail to each nursing home	107287
and hospital qualifying for the reduction notice of the reduction	107288
not later than the last day of the first month of the quarter that	107289
begins after the United States secretary approves the waiver. For	107290
purposes of subsequent fiscal years, the department shall make	107291
such determinations and mail such notices in accordance with	107292
section ~~3721.53~~5168.47 of the Revised Code.	107293

~~Sec. 3721.513.~~ Sec. 5168.45. (A) If the United States secretary of	107294
health and human services approves the waiver sought under section	107295
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	107296
~~family services~~medicaid may do both of the following regarding	107297
the franchise permit fee assessed under section ~~3721.51~~5168.42 of	107298
the Revised Code:	107299

(1) Determine how much money the franchise permit fee would	107300
have raised in a fiscal year if not for the waiver;	107301

(2) For each nursing home and hospital subject to the	107302
franchise permit fee, other than a nursing home or hospital that	107303
has its franchise permit fee rate reduced under section ~~3721.512~~	107304
5168.44 of the Revised Code, uniformly increase the amount of the	107305
franchise permit fee rate for a fiscal year to an amount that will	107306
have the franchise permit fee raise an amount of money that does	107307
not exceed the amount determined under division (A)(1) of this	107308
section for that fiscal year.	107309

(B) If the department increases the franchise permit fee rate	107310
in accordance with division (A) of this section for the first	107311
fiscal year during which the waiver takes effect, the department	107312
shall determine the amount of the increase not later than the	107313
effective date of the waiver and shall mail to each nursing home	107314
and hospital subject to the increase notice of the increase not	107315
later than the last day of the first month of the quarter that	107316
begins after the United States secretary approves the waiver. If	107317
the department increases the franchise permit fee rate in	107318
accordance with division (A) of this section for a subsequent	107319
fiscal year, the department shall make such determinations and	107320
mail such notices in accordance with section ~~3721.53~~5168.47 of	107321
the Revised Code.	107322

~~Sec. 3721.52.~~ Sec. 5168.46. The department of health shall do all	107323
of the following:	107324

(A) For the purpose of the determinations made under	107325
divisions (A) and (B) of section ~~3721.51~~5168.42 of the Revised	107326
Code and not later than the first day of each June, report to the	107327
department of ~~job and family services~~medicaid the following:	107328

(1) For each nursing home, the number of beds in the nursing	107329
home licensed on the preceding first day of May under section	107330
3721.02 or 3721.09 of the Revised Code or certified on that date	107331
under Title XVIII or Title XIX;	107332

(2) For each hospital, the number of beds in the hospital	107333
registered on the preceding first day of May pursuant to section	107334
3701.07 of the Revised Code as skilled nursing facility or	107335
long-term care beds or licensed on that date under section 3721.02	107336
or 3721.09 of the Revised Code as nursing home beds.	107337

(B) For the purpose of the redetermination under section	107338
~~3721.531~~5168.48 of the Revised Code and not later than the	107339
fifteenth day of each January, report to the department of ~~job and~~	107340
~~family services~~medicaid, for each nursing home and hospital, the	107341
number of beds for which a bed surrender occurred during the	107342
period beginning on the first day of May of the preceding calendar	107343
year and ending on the first day of January of the calendar year	107344
in which the redetermination is made.	107345

~~Sec. 3721.53.~~ Sec. 5168.47. (A) Not later than the fifteenth day	107346
of September of each year, the department of ~~job and family~~	107347
~~services~~medicaid shall determine the annual franchise permit fee	107348
for each nursing home and hospital in accordance with section	107349
~~3721.51~~5168.42 of the Revised Code and any adjustments made in	107350
accordance with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of	107351
the Revised Code.	107352

(B) Not later than the first day of October of each year, the	107353
department shall mail to each nursing home and hospital notice of	107354
the amount of the franchise permit fee that has been determined	107355
for the nursing home or hospital.	107356

(C) Subject to section ~~3721.531~~5168.48 of the Revised Code,	107357
each nursing home and hospital shall pay its fee under section	107358
~~3721.51~~5168.42 of the Revised Code, as adjusted in accordance	107359
with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	107360
Revised Code, to the department in four installment payments not	107361
later than forty-five days after the last day of each October,	107362
December, March, and June.	107363

~~Sec. 3721.531.~~ Sec. 5168.48. (A) Not later than the last day of	107364
February of each year, the department of ~~job and family services~~	107365
medicaid shall redetermine each nursing home's and hospital's	107366
franchise permit fee if one or more bed surrenders occur during	107367
the period beginning on the first day of May of the preceding	107368
calendar year and ending on the first day of January of the	107369
calendar year in which the redetermination is made.	107370

(B) In redetermining nursing homes' and hospitals' franchise	107371
permit fees under this section, the department shall do both of	107372
the following:	107373

(1) Provide for the redetermination to be conducted in a	107374
manner consistent with the terms of the waiver sought under	107375
section ~~3721.511~~5168.43 of the Revised Code;	107376

(2) Recalculate each nursing home's and hospital's franchise	107377
permit fee in accordance with division (A) or (B) of section	107378
~~3721.51~~5168.42 of the Revised Code with the following changes:	107379

(a) In the case of a nursing home or hospital for which one	107380
or more bed surrenders occurred during the period beginning on the	107381
first day of May of the preceding calendar year and ending on the	107382
first day of January of the calendar year in which the	107383
redetermination is made, the number of beds included in the	107384
calculation for the purpose of division (A)(1) or (B)(1) of	107385
section ~~3721.51~~5168.42 of the Revised Code shall exclude the beds	107386
for which bed surrenders occurred during that period.	107387

(b) The number of days used in the calculation under division	107388
(A)(2) or (B)(2) of section ~~3721.51~~5168.42 of the Revised Code	107389
shall be the number of days in the first half of the calendar year	107390
in which the redetermination is made.	107391

(c) The franchise permit fee rate shall reflect adjustments	107392
made under sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	107393
Revised Code.	107394

(C) Not later than the first day of March of each year, the	107395
department shall mail to each nursing home and hospital notice of	107396
the amount of its redetermined franchise permit fee.	107397

(D) Each nursing home and hospital shall pay its redetermined	107398
fee to the department in two installment payments not later than	107399
forty-five days after the last day of March and June of the	107400
calendar year in which the redetermination is made.	107401

~~Sec. 3721.532.~~ Sec. 5168.49. If a nursing home or hospital	107402
undergoes a change of operator during a fiscal year, the	107403
responsibility for paying the franchise permit fee that was	107404
determined for the nursing home or hospital under section ~~3721.53~~	107405
5168.47 of the Revised Code, or redetermined for the nursing home	107406
or hospital under section ~~3721.531~~5168.48 of the Revised Code,	107407
for that fiscal year shall be divided proportionally. The exiting	107408
operator shall be responsible for paying the amount of the fee	107409
that is for the part of the fiscal year that ends on the day	107410
before the effective date of the change of operator. The entering	107411
operator shall be responsible for paying the amount of the fee	107412
that is for the part of the fiscal year that begins on the	107413
effective date of the change of operator. The department of ~~job~~	107414
~~and family services~~medicaid is not required to mail a notice to	107415
the entering operator regarding the amount of that fiscal year's	107416
fee for which the entering operator is responsible.	107417

~~Sec. 3721.533.~~ Sec. 5168.50. No nursing home or hospital shall	107418
directly bill its residents for the franchise permit fee paid	107419
under section ~~3721.53~~5168.47 or ~~3721.531~~5168.48 of the Revised	107420
Code or otherwise directly pass the fee through to its residents.	107421

~~Sec. 3721.54.~~ Sec. 5168.51. If a nursing home or hospital fails to	107422
pay the full amount of a franchise permit fee installment when	107423
due, the department of ~~job and family services~~medicaid may assess	107424
a five per cent penalty on the amount due for each month or	107425
fraction thereof the installment is overdue.	107426

~~Sec. 3721.541.~~ Sec. 5168.52. (A) In addition to assessing a	107427
penalty pursuant to section ~~3721.54~~5168.51 of the Revised Code,	107428
the department of ~~job and family services~~medicaid may do any of	107429
the following if a nursing facility or hospital fails to pay the	107430
full amount of a franchise permit fee installment when due:	107431

(1) Withhold an amount less than or equal to the installment	107432
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	107433
Code from a medicaid payment due the nursing facility or hospital	107434
until the nursing facility or hospital pays the installment and	107435
penalty;	107436

(2) Offset an amount less than or equal to the installment	107437
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	107438
Code from a ~~Medicaid~~medicaid payment due the nursing facility or	107439
hospital;	107440

(3) Terminate the nursing facility or hospital's medicaid	107441
provider agreement.	107442

(B) The department may offset a medicaid payment under	107443
division (A) of this section without providing notice to the	107444
nursing facility or hospital and without conducting an	107445
adjudication under Chapter 119. of the Revised Code.	107446

~~Sec. 3721.55.~~ Sec. 5168.53. (A) A nursing home or hospital may	107447
appeal the fee assessed under section ~~3721.51~~5168.42 of the	107448
Revised Code, as adjusted under section ~~3721.512~~5168.44 or	107449
~~3721.513~~5168.45 of the Revised Code, and redetermined under	107450
section ~~3721.531~~5168.48 of the Revised Code solely on the grounds	107451
that the department of ~~job and family services~~medicaid committed	107452
a material error in determining or redetermining the amount of the	107453
fee. A request for an appeal must be received by the department	107454
not later than fifteen days after the date the department mails	107455
the notice of the fee and must include written materials setting	107456
forth the basis for the appeal.	107457

(B) If a nursing home or hospital submits a request for an	107458
appeal within the time required under division (A) of this	107459
section, the department ~~of job and family services~~ shall hold a	107460
public hearing in Columbus not later than thirty days after the	107461
date the department receives the request for an appeal. The	107462
department shall, not later than ten days before the date of the	107463
hearing, mail a notice of the date, time, and place of the hearing	107464
to the nursing home or hospital. The department may hear all the	107465
requested appeals in one public hearing.	107466

(C) On the basis of the evidence presented at the hearing or	107467
any other evidence submitted by the nursing home or hospital, the	107468
department may adjust a fee. The department's decision is final.	107469

~~Sec. 3721.56.~~ Sec. 5168.54. (A) There is hereby created in the	107470
state treasury the nursing home franchise permit fee fund. All	107471
payments and penalties paid by nursing homes and hospitals under	107472
sections ~~3721.53~~5168.47, ~~3721.531~~5168.48, and ~~3721.54~~5168.51	107473
of the Revised Code shall be deposited into the fund. The fund	107474
shall also consist of money deposited into it pursuant to sections	107475
3769.08 and 3769.26 of the Revised Code. Subject to division (B)	107476
of section 3769.08 of the Revised Code, the department of ~~job and~~	107477
~~family services~~medicaid shall use the money in the fund to make	107478
medicaid payments to providers of nursing facility services and	107479
providers of home and community-based services. Money in the fund	107480
may also be used for the residential state supplement program	107481
established under section ~~5119.69~~5119.41 of the Revised Code.	107482

(B) Any money remaining in the nursing home franchise permit	107483
fee fund after payments specified in division (A) of this section	107484
are made shall be retained in the fund. Any interest or other	107485
investment proceeds earned on money in the fund shall be credited	107486
to the fund and used to make medicaid payments in accordance with	107487
division (A) of this section.	107488

~~Sec. 3721.57.~~ Sec. 5168.55. The department of ~~job and family~~	107489
~~services~~medicaid may make any investigation it considers	107490
appropriate to obtain information necessary to fulfill its duties	107491
under sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	107492
Code. At the request of the department, the attorney general shall	107493
aid in any such investigations. The attorney general shall	107494
institute and prosecute all necessary actions for the enforcement	107495
of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	107496
Code, except that at the request of the attorney general, the	107497
county prosecutor of the county in which a nursing home or	107498
hospital that has failed to comply with sections ~~3721.50~~5168.40	107499
to ~~3721.58~~5168.56 of the Revised Code is located shall institute	107500
and prosecute any necessary action against the nursing home or	107501
hospital.	107502

~~Sec. 3721.58.~~ Sec. 5168.56. The medicaid director ~~of job and~~	107503
~~family services~~ shall adopt rules in accordance with Chapter 119.	107504
of the Revised Code to do both of the following:	107505

(A) Prescribe the actions the department of ~~job and family~~	107506
~~services~~medicaid will take to cease implementation of sections	107507
~~3721.50 through 3721.57~~5168.40 to 5168.56 of the Revised Code if	107508
the United States centers for medicare and medicaid services	107509
determines that the franchise permit fee established by those	107510
sections is an impermissible health-care related tax under ~~section~~	107511
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	107512
section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	107513

(B) Establish any requirements or procedures the director	107514
considers necessary to implement sections ~~3721.50~~5168.40 to	107515
~~3721.58~~5168.56 of the Revised Code.	107516

~~Sec. 5112.30.~~ Sec. 5168.60. As used in sections ~~5112.30~~5168.60 to	107517
~~5112.39~~5168.71 of the Revised Code:	107518

(A) "Franchise permit fee rate" means the following:

107519

(1) For fiscal year ~~2012~~2014, ~~seventeen~~eighteen dollars and	107520
~~ninety-nine~~twenty-four cents;	107521

(2) For fiscal year ~~2013~~2015 and each fiscal year	107522
thereafter, eighteen dollars and ~~thirty-two~~seventeen cents.	107523

(B) "Indirect guarantee percentage" means the percentage	107524
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	107525
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	107526
1396b(w)(4)(C)(ii), ~~as amended,~~ that is to be used in determining	107527
whether a class of providers is indirectly held harmless for any	107528
portion of the costs of a broad-based health-care-related tax. If	107529
the indirect guarantee percentage changes during a fiscal year,	107530
the indirect guarantee percentage is the following:	107531

(1) For the part of the fiscal year before the change takes	107532
effect, the percentage in effect before the change;	107533

(2) For the part of the fiscal year beginning with the date	107534
the indirect guarantee percentage changes, the new percentage.	107535

(C) "~~Intermediate care facility for the mentally retarded~~	107536
ICF/MR" has the same meaning as in section ~~5111.20~~5124.01 of the	107537
Revised Code~~, except that, until August 1, 2009, it does not~~	107538
~~include any such facility operated by the department of~~	107539
~~developmental disabilities~~.	107540

(D) "~~Medicaid~~Medicaid-certified capacity" has the same	107541
meaning as in section ~~5111.01~~5124.01 of the Revised Code.	107542

(E) "Provider agreement" has the same meaning as in section	107543
5124.01 of the Revised Code.	107544

~~Sec. 5112.31.~~ Sec. 5168.61. The department of ~~job and family~~	107545
~~services~~developmental disabilities shall do all of the	107546
following:	107547

(A) Subject to section ~~5112.331~~5168.64 of the Revised Code	107548
and divisions (B) and (C) of this section and for the purposes	107549
specified in section ~~5112.371~~5168.69 of the Revised Code, assess	107550
for each fiscal year each ~~intermediate care facility for the~~	107551
~~mentally retarded~~ICF/MR a franchise permit fee equal to the	107552
franchise permit fee rate multiplied by the product of the	107553
following:	107554

(1) The ~~number of beds certified under Title XIX of the~~	107555
~~"Social Security Act"~~ICF/MR's medicaid-certified capacity on the	107556
first day of May of the calendar year in which the assessment is	107557
determined pursuant to division (A) of section ~~5112.33~~5168.63 of	107558
the Revised Code;	107559

(2) The number of days in the fiscal year.

107560

(B) If the total amount of the franchise permit fee assessed	107561
under division (A) of this section for a fiscal year exceeds the	107562
indirect guarantee percentage of the actual net patient revenue	107563
for all ~~intermediate care facilities for the mentally retarded~~	107564
ICFs/MR for that fiscal year and seventy-five per cent or more of	107565
the total number of ~~intermediate care facilities for the mentally~~	107566
~~retarded~~ICFs/MR receive enhanced medicaid payments or other	107567
state payments equal to seventy-five per cent or more of their	107568
total franchise permit fee assessments, do both of the following:	107569

(1) Recalculate the assessments under division (A) of this	107570
section using a per bed per day rate equal to the indirect	107571
guarantee percentage of actual net patient revenue for all	107572
~~intermediate care facilities for the mentally retarded~~ICFs/MR for	107573
that fiscal year;	107574

(2) Refund the difference between the amount of the franchise	107575
permit fee assessed for that fiscal year under division (A) of	107576
this section and the amount recalculated under division (B)(1) of	107577
this section as a credit against the assessments imposed under	107578
division (A) of this section for the subsequent fiscal year.	107579

(C) If the United States secretary of health and human	107580
services determines that the franchise permit fee established by	107581
sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the Revised Code	107582
would be an impermissible health care-related tax under ~~section~~	107583
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	107584
section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ take all	107585
necessary actions to cease implementation of those sections in	107586
accordance with rules adopted under section ~~5112.39~~5168.71 of the	107587
Revised Code.	107588

~~Sec. 5112.32.~~ Sec. 5168.62. For the purpose of the franchise	107589
permit fee imposed under section ~~5112.31~~5168.61 of the Revised	107590
Code and not later than the first day of each June, the department	107591
of developmental disabilities shall:	107592

~~(A) Not later than August 1, 1993, report to the department~~	107593
~~of job and family services the number of beds in each intermediate~~	107594
~~care facility for the mentally retarded certified on July 1, 1993,~~	107595
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	107596
~~42 U.S.C.A. 301, as amended;~~	107597

~~(B) Not later than June 1, 1994, and the first day of each~~	107598
~~June thereafter,~~ report to the department of ~~job and family~~	107599
~~services~~medicaid the number of beds in each ~~such facility~~	107600
~~certified~~ICF/MR on the preceding first day of May ~~under that~~	107601
~~title~~.	107602

~~Sec. 5112.33.~~ Sec. 5168.63. (A) Not later than the fifteenth day	107603
of August of each year, the department of ~~job and family services~~	107604
developmental disabilities shall determine the annual franchise	107605
permit fee for each ~~intermediate care facility for the mentally~~	107606
~~retarded~~ICF/MR in accordance with section ~~5112.31~~5168.61 of the	107607
Revised Code.	107608

(B) Not later than the first day of September of each year,	107609
the department shall mail to each ~~intermediate care facility for~~	107610
~~the mentally retarded~~ICF/MR notice of the amount of the franchise	107611
permit fee the ~~facility~~ICF/MR has been assessed under section	107612
~~5112.31~~5168.61 of the Revised Code.	107613

(C) Subject to section ~~5112.331~~5168.64 of the Revised Code,	107614
each ~~intermediate care facility for the mentally retarded~~ICF/MR	107615
shall pay its fee under section ~~5112.31~~5168.61 of the Revised	107616
Code to the department in quarterly installment payments not later	107617
than forty-five days after the last day of each September,	107618
December, March, and June.	107619

~~Sec. 5112.331.~~ Sec. 5168.64. (A) If, during the period beginning	107620
on the first day of May of a calendar year and ending on the first	107621
day of January of the immediately following calendar year, the	107622
operator of an ~~intermediate care facility for the mentally~~	107623
~~retarded~~ICF/MR converts, pursuant to section ~~5111.874~~5124.60 of	107624
the Revised Code, one or more of the ~~facility's~~ICF/MR's beds to	107625
providing home and community-based services, the department of	107626
~~job and family services~~developmental disabilities shall do the	107627
following:	107628

(1) If the ~~facility's~~ICF/MR's medicaid certification is	107629
terminated because of the conversion, terminate the ~~facility's~~	107630
ICF/MR's franchise permit fee effective on the first day of the	107631
quarter immediately following the quarter in which the department	107632
receives the notice of the conversion from the director of health;	107633

(2) If the ~~facility's certified~~ICF/MR's medicaid-certified	107634
capacity ~~under medicaid~~ is reduced because of the conversion,	107635
redetermine the ~~facility's~~ICF/MR's franchise permit fee in	107636
accordance with division (B) of this section for the second half	107637
of the fiscal year for which the fee is assessed.	107638

(B)(1) To redetermine an ~~intermediate care facility for the~~	107639
~~mentally retarded's~~ICF/MR's franchise permit fee, the department	107640
shall multiply the franchise permit fee rate by the product of the	107641
following:	107642

(a) The ~~number of the facility's beds that remain certified~~	107643
~~under Title XIX of the "Social Security Act"~~ICF/MR's	107644
medicaid-certified capacity as of the date the conversion takes	107645
effect;	107646

(b) The number of days in the second half of the fiscal year	107647
for which the redetermination is made.	107648

(2) The ~~intermediate care facility for the mentally retarded~~	107649
ICF/MR shall pay its franchise permit fee as redetermined under	107650
division (B)(1) of this section in installment payments not later	107651
than forty-five days after the last day of March and June of the	107652
fiscal year for which the redetermination is made.	107653

~~Sec. 5112.34.~~ Sec. 5168.65. If an ~~intermediate care facility for~~	107654
~~the mentally retarded~~ICF/MR fails to pay the full amount of an	107655
installment when due, the department of ~~job and family services~~	107656
developmental disabilities may assess a five per cent penalty on	107657
the amount due for each month or fraction thereof the installment	107658
is overdue.	107659

~~Sec. 5112.341.~~ Sec. 5168.66. (A) In addition to assessing a	107660
penalty pursuant to section ~~5112.34~~5168.65 of the Revised Code,	107661
the department of ~~job and family services~~developmental	107662
disabilities may do any of the following if an ~~intermediate care~~	107663
~~facility for the mentally retarded~~ICF/MR fails to pay the full	107664
amount of a franchise permit fee installment when due:	107665

(1) Withhold an amount less than or equal to the installment	107666
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	107667
Code from a medicaid payment due the ~~facility~~ICF/MR until the	107668
~~facility~~ICF/MR pays the installment and penalty;	107669

(2) Offset an amount less than or equal to the installment	107670
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	107671
Code from a medicaid payment due the ~~facility~~ICF/MR;	107672

(3) ~~Terminate~~Provide for the department of medicaid to	107673
terminate the ~~facility's medicaid~~ICF/MR's provider agreement.	107674

(B) The department may offset a medicaid payment under	107675
division (A) of this section without providing notice to the	107676
~~intermediate care facility for the mentally retarded~~ICF/MR and	107677
without conducting an adjudication under Chapter 119. of the	107678
Revised Code.	107679

~~Sec. 5112.35.~~ Sec. 5168.67. (A) An ~~intermediate care facility for~~	107680
~~the mentally retarded~~ICF/MR may appeal the franchise permit fee	107681
imposed under section ~~5112.31~~5168.61 of the Revised Code solely	107682
on the grounds that the department of ~~job and family services~~	107683
developmental disabilities committed a material error in	107684
determining the amount of the fee. A request for an appeal must be	107685
received by the department not later than fifteen days after the	107686
date the department mails the notice of the fee and must include	107687
written materials setting forth the basis for the appeal.	107688

(B) If an ~~intermediate care facility for the mentally~~	107689
~~retarded~~ICF/MR submits a request for an appeal within the time	107690
required under division (A) of this section, the department shall	107691
hold a public hearing in Columbus not later than thirty days after	107692
the date the department receives the request for an appeal. The	107693
department shall, not later than ten days before the date of the	107694
hearing, mail a notice of the date, time, and place of the hearing	107695
to the ~~facility~~ICF/MR. The department may hear all requested	107696
appeals in one public hearing.	107697

(C) On the basis of the evidence presented at the hearing or	107698
any other evidence submitted by the ~~intermediate care facility for~~	107699
~~the mentally retarded~~ICF/MR, the department may adjust a fee. The	107700
department's decision is final.	107701

~~Sec. 5112.37.~~ Sec. 5168.68. There is hereby created in the state	107702
treasury the home and community-based services for the mentally	107703
retarded and developmentally disabled fund. All installment	107704
payments and penalties paid by an ~~intermediate care facility for~~	107705
~~the mentally retarded~~ICF/MR under sections ~~5112.33~~5168.63 and	107706
~~5112.34~~5168.65 of the Revised Code shall be deposited into the	107707
fund. As soon as possible after the end of each quarter, the	107708
medicaid director ~~of job and family services~~ shall certify to the	107709
director of budget and management the amount of money that is in	107710
the fund as of the last day of that quarter. On receipt of a	107711
certification, the director of budget and management shall	107712
transfer the amount so certified from the home and community-based	107713
services for the mentally retarded and developmentally disabled	107714
fund to the department of developmental disabilities operating and	107715
services fund created under section ~~5112.371~~5168.69 of the	107716
Revised Code.	107717

~~Sec. 5112.371.~~ Sec. 5168.69. There is hereby created in the state	107718
treasury the department of developmental disabilities operating	107719
and services fund. The fund shall consist of the money transferred	107720
to it under section ~~5112.37~~5168.68 of the Revised Code. The money	107721
in the fund shall be used for the expenses of the programs that	107722
the department of developmental disabilities administers and the	107723
department's administrative expenses.	107724

~~Sec. 5112.38.~~ Sec. 5168.70. The department of ~~job and family~~	107725
~~services~~developmental disabilities may make any investigation it	107726
considers appropriate to obtain information necessary to fulfill	107727
its duties under sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of	107728
the Revised Code. At the request of the department, the attorney	107729
general shall aid in any such investigations. The attorney general	107730
shall institute and prosecute all necessary actions for the	107731
enforcement of sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the	107732
Revised Code, except that at the request of the attorney general,	107733
the county prosecutor of the county in which an ~~intermediate care~~	107734
~~facility for the mentally retarded~~ICF/MR that has failed to	107735
comply with those sections is located shall institute and	107736
prosecute any necessary action against the ~~facility~~ICF/MR.	107737

~~Sec. 5112.39.~~ Sec. 5168.71. ~~The~~To the extent authorized by rules	107738
authorized by section 5162.021 of the Revised Code, the director	107739
of ~~job and family services~~developmental disabilities shall adopt	107740
rules in accordance with Chapter 119. of the Revised Code to do	107741
both of the following:	107742

(A) Prescribe the actions the department of developmental	107743
disabilities will take to cease implementation of sections ~~5112.30~~	107744
5168.60 to ~~5112.39~~5168.71 of the Revised Code if the United	107745
States secretary of health and human services determines that the	107746
franchise permit fee imposed under section ~~5112.31~~5168.61 of the	107747
Revised Code is an impermissible health care-related tax under	107748
~~section 1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793~~	107749
~~(1991)~~section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	107750

(B) Establish any other requirements or procedures the	107751
director considers necessary to implement sections ~~5112.30~~5168.60	107752
to ~~5112.39~~5168.71 of the Revised Code.	107753

~~Sec. 5112.99.~~ Sec. 5168.99. (A) The medicaid director ~~of job and~~	107754
~~family services~~ shall impose a penalty for each day that a	107755
hospital fails to report the information required under section	107756
~~5112.04~~5168.05 of the Revised Code on or before the dates	107757
specified in that section. The amount of the penalty shall be	107758
established by the director in rules adopted under section ~~5112.03~~	107759
5168.02 of the Revised Code.	107760

(B) In addition to any other remedy available to the	107761
department of ~~job and family services~~medicaid under law to	107762
collect unpaid assessments and transfers under sections ~~5112.01~~	107763
5168.01 to ~~5112.21~~5168.14 of the Revised Code, the director	107764
shall impose a penalty of ten per cent of the amount due on any	107765
hospital that fails to pay assessments or make intergovernmental	107766
transfers by the dates required by rules adopted under section	107767
~~5112.03~~5168.02 of the Revised Code.	107768

(C) In addition to any other remedy available to the	107769
department of ~~job and family services~~medicaid under law to	107770
collect unpaid assessments imposed under section ~~5112.41~~5168.21	107771
of the Revised Code, the director shall impose a penalty of ten	107772
per cent of the amount due on any hospital that fails to pay the	107773
assessment by the date it is due.	107774

(D) The director shall waive the penalties provided for in	107775
this section for good cause shown by the hospital.	107776

(E) All penalties imposed under this section shall be	107777
deposited into the health care administration fund created by	107778
section ~~5111.94~~5162.54 of the Revised Code.	107779

~~Sec. 5112.991.~~ Sec. 5168.991. The department of ~~job and family~~	107780
~~services~~medicaid may offset the amount of a hospital's unpaid	107781
penalty imposed under section ~~5112.99~~5168.99 of the Revised Code	107782
from one or more payments due the hospital under the medicaid	107783
program. The total amount that may be offset from one or more	107784
payments shall not exceed the amount of the unpaid penalty.	107785

Sec. 5302.221. (A) As used in this section:

107786

"Estate" has the same meaning as in section ~~5111.11~~5162.21	107787
of the Revised Code.	107788

"Medicaid estate recovery program" means the program	107789
instituted under section ~~5111.11~~5162.21 of the Revised Code.	107790

(B) The administrator of the medicaid estate recovery program	107791
shall prescribe a form on which a beneficiary of a transfer on	107792
death designation affidavit as provided in section 5302.22 of the	107793
Revised Code, who survives the deceased owner of the real property	107794
or an interest in the real property or that is in existence on the	107795
date of death of the deceased owner, or that beneficiary's	107796
representative is to indicate both of the following:	107797

(1) Whether the deceased owner was either of the following:

107798

(a) A decedent subject to the medicaid estate recovery	107799
program;	107800

(b) The spouse of a decedent subject to the medicaid estate	107801
recovery program.	107802

(2) Whether the real property or interest in the real	107803
property was part of the estate of a decedent subject to the	107804
medicaid estate recovery program.	107805

(C) A county recorder shall obtain a properly completed form	107806
prescribed under division (B) of this section from the beneficiary	107807
of a transfer on death designation affidavit or the beneficiary's	107808
representative and send a copy of the form to the administrator of	107809
the medicaid estate recovery program before recording the transfer	107810
of the real property or interest in the real property under	107811
section 5302.222 of the Revised Code.	107812

Sec. 5309.082. (A) As used in this section:

107813

"Estate" has the same meaning as in section ~~5111.11~~5162.21	107814
of the Revised Code.	107815

"Medicaid estate recovery program" means the program	107816
instituted under section ~~5111.11~~5162.21 of the Revised Code.	107817

(B) The administrator of the medicaid estate recovery program	107818
shall prescribe a form on which a surviving tenant under a	107819
survivorship tenancy or such a surviving tenant's representative	107820
is to indicate both of the following:	107821

(1) Whether the deceased survivorship tenant was either of	107822
the following:	107823

(a) A decedent subject to the medicaid estate recovery	107824
program;	107825

(b) The spouse of a decedent subject to the medicaid estate	107826
recovery program.	107827

(2) Whether the registered land under a survivorship tenancy	107828
was part of the estate of a decedent subject to the medicaid	107829
estate recovery program.	107830

(C) A county recorder shall obtain a properly completed form	107831
prescribed under division (B) of this section from the surviving	107832
tenant under a survivorship tenancy or the surviving tenant's	107833
representative and send a copy of the form to the administrator of	107834
the medicaid estate recovery program before registering the title	107835
in the surviving tenants under section 5309.081 of the Revised	107836
Code.	107837

Sec. 5505.12. (A) The state highway patrol retirement board	107838
shall have prepared annually by or under the supervision of an	107839
actuary an actuarial valuation of the pension assets, liabilities,	107840
and funding requirements of the state highway patrol retirement	107841
system as established pursuant to this chapter. The actuary shall	107842
complete the valuation in accordance with actuarial standards of	107843
practice promulgated by the actuarial standards board of the	107844
American academy of actuaries and prepare a report of the	107845
valuation. The report shall include all of the following:	107846

(1) A summary of the benefit provisions evaluated;

107847

(2) A summary of the census data and financial information	107848
used in the valuation;	107849

(3) A description of the actuarial assumptions, actuarial	107850
cost method, and asset valuation method used in the valuation,	107851
including a statement of the assumed rate of payroll growth and	107852
assumed rate of growth or decline in the number of members	107853
contributing to the retirement system;	107854

(4) A summary of findings that includes a statement of the	107855
actuarial accrued pension liabilities and unfunded actuarial	107856
accrued pension liabilities;	107857

(5) A schedule showing the effect of any changes in the	107858
benefit provisions, actuarial assumptions, or cost methods since	107859
the last annual actuarial valuation;	107860

(6) A statement of whether contributions to the retirement	107861
system are expected to be sufficient to satisfy the funding	107862
objectives established by the board.	107863

The board shall submit the report to the Ohio retirement	107864
study council, the director of budget and management, and the	107865
standing committees of the house of representatives and the senate	107866
with primary responsibility for retirement legislation immediately	107867
upon its availability and not later than the first day of July	107868
following the year for which the valuation was made.	107869

(B) At such times as the state highway patrol retirement	107870
board determines, and at least once in each five-year period after	107871
January 1, 1966, the board shall have prepared by or under the	107872
supervision of an actuary an actuarial investigation of the	107873
mortality, service, and other experience of the members,	107874
retirants, and beneficiaries to update the actuarial assumptions	107875
used in the actuarial valuation required by division (A) of this	107876
section. The actuary shall prepare a report of the actuarial	107877
investigation. The report shall be prepared and any recommended	107878
changes in actuarial assumptions shall be made in accordance with	107879
the actuarial standards of practice promulgated by the actuarial	107880
standards board of the American academy of actuaries. The report	107881
shall include all of the following:	107882

(1) A summary of relevant decrement and economic assumption	107883
experience observed over the period of the investigation;	107884

(2) Recommended changes in actuarial assumptions to be used	107885
in subsequent actuarial valuations required by division (A) of	107886
this section;	107887

(3) A measurement of the financial effect of the recommended	107888
changes in actuarial assumptions;	107889

(4) If the investigation required by this division includes	107890
the investigation required by division (F) of this section, a	107891
report of the result of that investigation.	107892

The board shall submit the report to the Ohio retirement	107893
study council and the standing committees of the house of	107894
representatives and the senate with primary responsibility for	107895
retirement legislation not later than the first day of November	107896
following the last fiscal year of the period the report covers.	107897

(C) The board may at any time request the actuary to make any	107898
studies or actuarial valuations to determine the adequacy of the	107899
rates of contributions provided by section 5505.15 of the Revised	107900
Code.	107901

(D) The board shall have prepared by or under the supervision	107902
of an actuary an actuarial analysis of any introduced legislation	107903
expected to have a measurable financial impact on the retirement	107904
system. The actuarial analysis shall be completed in accordance	107905
with the actuarial standards of practice promulgated by the	107906
actuarial standards board of the American academy of actuaries.	107907
The actuary shall prepare a report of the actuarial analysis,	107908
which shall include all of the following:	107909

(1) A summary of the statutory changes that are being	107910
evaluated;	107911

(2) A description of or reference to the actuarial	107912
assumptions and actuarial cost method used in the report;	107913

(3) A description of the participant group or groups included	107914
in the report;	107915

(4) A statement of the financial impact of the legislation,	107916
including the resulting increase, if any, in the employer normal	107917
cost percentage; the increase, if any, in actuarial accrued	107918
liabilities; and the per cent of payroll that would be required to	107919
amortize the increase in actuarial accrued liabilities as a level	107920
per cent of covered payroll for all active members over a period	107921
not to exceed thirty years;	107922

(5) A statement of whether the scheduled contributions to the	107923
system after the proposed change is enacted are expected to be	107924
sufficient to satisfy the funding objectives established by the	107925
board.	107926

Not later than sixty days from the date of introduction of	107927
the legislation, the board shall submit a copy of the actuarial	107928
analysis to the legislative service commission, the standing	107929
committees of the house of representatives and the senate with	107930
primary responsibility for retirement legislation, and the Ohio	107931
retirement study council.	107932

(E) The board shall have prepared annually a report giving a	107933
full accounting of the revenues and costs relating to the	107934
provision of benefits under section 5505.28 of the Revised Code.	107935
The report shall be made as of December 31, 1997, and the	107936
thirty-first day of December of each year thereafter. The report	107937
shall include the following:	107938

(1) A description of the statutory authority for the benefits	107939
provided;	107940

(2) A summary of the benefits;

107941

(3) A summary of the eligibility requirements for the	107942
benefits;	107943

(4) A statement of the number of participants eligible for	107944
the benefits;	107945

(5) A description of the accounting, asset valuation, and	107946
funding method used to provide the benefits;	107947

(6) A statement of the net assets available for the provision	107948
of the benefits as of the last day of the fiscal year;	107949

(7) A statement of any changes in the net assets available	107950
for the provision of benefits, including participant and employer	107951
contributions, net investment income, administrative expenses, and	107952
benefits provided to participants, as of the last day of the	107953
fiscal year;	107954

(8) For the last six consecutive fiscal years, a schedule of	107955
the net assets available for the benefits, the annual cost of	107956
benefits, administrative expenses incurred, and annual employer	107957
contributions allocated for the provision of benefits;	107958

(9) A description of any significant changes that affect the	107959
comparability of the report required under this division;	107960

(10) A statement of the amount paid under division (B) of	107961
section 5505.28 of the Revised Code.	107962

The board shall submit the report to the Ohio retirement	107963
study council, the director of budget and management, and the	107964
standing committees of the house of representatives and the senate	107965
with primary responsibility for retirement legislation immediately	107966
upon its availability and not later than the thirtieth day of June	107967
following the year for which the report was made.	107968

(F) At least once in each five-year period, the board shall	107969
have prepared by or under the supervision of an actuary an	107970
actuarial investigation of the deferred retirement option plan	107971
established under section 5505.50 of the Revised Code. The	107972
investigation shall include an examination of the financial	107973
impact, if any, on the retirement system of offering the plan to	107974
members.	107975

The actuary shall prepare a report of the actuarial	107976
investigation. The report shall include a determination of whether	107977
the plan, as established or modified, has a negative financial	107978
impact on the retirement system and, if so, recommendations on how	107979
to modify the plan to eliminate the negative financial impact. If	107980
the actuarial report indicates that the plan has a negative	107981
financial impact on the retirement system, the board shall modify	107982
the plan. If the board modifies the plan, the rights and	107983
obligations of members who have already elected to participate	107984
shall not be altered.	107985

The state's contributions to the employer accumulation fund	107986
shall not be increased to offset any negative financial impact of	107987
the deferred retirement option plan.	107988

The board may include the actuarial investigation required	107989
under this division as part of the actuarial investigation	107990
required under division (B) of this section. If the report of the	107991
actuarial investigation required by this division is not included	107992
in the report required by division (B) of this section, the board	107993
shall submit the report required by this division to the Ohio	107994
retirement study council and the standing committees of the house	107995
of representatives and the senate with primary responsibility for	107996
retirement legislation not later than the first day of November	107997
following the last fiscal year of the period the report covers.	107998

Sec. 5507.46. (A) Prior to January 1, 2014:

107999

(1) A wireless service provider or reseller, not later than	108000
the last day of each month, shall remit the full amount of all	108001
wireless 9-1-1 charges it collected under division (A) of section	108002
5507.42 of the Revised Code for the second preceding calendar	108003
month to the Ohio 9-1-1 coordinator, with the exception of charges	108004
equivalent to the amount authorized as a billing and collection	108005
fee under division (A)(2) of this section. In doing so, the	108006
provider or reseller may remit the requisite amount in any	108007
reasonable manner consistent with its existing operating or	108008
technological capabilities, such as by customer address, location	108009
associated with the wireless telephone number, or another	108010
allocation method based on comparable, relevant data. If the	108011
wireless service provider or reseller receives a partial payment	108012
for a bill from a wireless service subscriber, the wireless	108013
service provider or reseller shall apply the payment first against	108014
the amount the subscriber owes the wireless service provider or	108015
reseller and shall remit to the coordinator such lesser amount, if	108016
any, as results from that invoice.	108017

(2) A wireless service provider or reseller may retain as a	108018
billing and collection fee two per cent of the total wireless	108019
9-1-1 charges it collects in a month and shall account to the	108020
coordinator for the amount retained.	108021

(3) The coordinator shall return to, or credit against the	108022
next month's remittance of, a wireless service provider or	108023
reseller the amount of any remittances the coordinator determines	108024
were erroneously submitted by the provider or reseller.	108025

(B) Beginning January 1, 2014:

108026

(1) Each seller of a prepaid wireless calling service,	108027
wireless service provider, and reseller shall, on or before the	108028
twenty-third day of each month, except as provided in divisions	108029
(B)(2) and (3) of this section, do both of the following:	108030

(a) Make and file a return for the preceding month, in the	108031
form prescribed by the tax commissioner, showing the amount of the	108032
wireless 9-1-1 charges due under section 5507.42 of the Revised	108033
Code for that month;	108034

(b) Remit the full amount due, as shown on the return, with	108035
the exception of charges equivalent to the amount authorized as a	108036
collection fee under division (B)(4) of this section.	108037

(2) The commissioner may grant one or more thirty-day	108038
extensions for making and filing returns and remitting amounts	108039
due.	108040

(3) If a seller is required to collect prepaid wireless 9-1-1	108041
charges in amounts that do not merit monthly returns, the	108042
commissioner may authorize the seller to make and file returns	108043
less frequently. The commissioner shall ascertain whether this	108044
authorization is warranted upon the basis of administrative costs	108045
to the state.	108046

(4) A wireless service provider, reseller, and seller may	108047
each retain as a collection fee three per cent of the total	108048
wireless 9-1-1 charges required to be collected under section	108049
5507.42 of the Revised Code, and shall account to the tax	108050
commissioner for the amount retained.	108051

(5) The return required under division (B)(1)(a) of this	108052
section shall be filed electronically using the Ohio business	108053
gateway, as defined in section 718.051 of the Revised Code, the	108054
Ohio telefile system, or any other electronic means prescribed by	108055
the tax commissioner. Remittance of the amount due shall be made	108056
electronically in a manner approved by the commissioner. A	108057
wireless service provider, reseller, or seller may apply to the	108058
commissioner on a form prescribed by the commissioner to be	108059
excused from either electronic requirement of this division. For	108060
good cause shown, the commissioner may excuse the provider,	108061
reseller, or seller from either or both of the requirements and	108062
may permit the provider, reseller, or seller to file returns or	108063
make remittances by nonelectronic means.	108064

(C)(1) Prior to January 1, 2014, each subscriber on which a	108065
wireless 9-1-1 charge is imposed under division (A) of section	108066
5507.42 of the Revised Code is liable to the state for the amount	108067
of the charge. If a wireless service provider or reseller fails to	108068
collect the charge under that division from a subscriber of	108069
prepaid wireless service, or fails to bill any other subscriber	108070
for the charge, the wireless service provider or reseller is	108071
liable to the state for the amount not collected or billed. If a	108072
wireless service provider or reseller collects charges under that	108073
division and fails to remit the money to the coordinator, the	108074
wireless service provider or reseller is liable to the state for	108075
any amount collected and not remitted.	108076

(2) Beginning January 1, 2014:

108077

(a) Each subscriber or consumer on which a wireless 9-1-1	108078
charge is imposed under section 5507.42 of the Revised Code is	108079
liable to the state for the amount of the charge. If a wireless	108080
service provider or reseller fails to bill or collect the charge,	108081
or if a seller fails to collect the charge, the provider,	108082
reseller, or seller is liable to the state for the amount not	108083
billed or collected. If a provider, reseller, or seller fails to	108084
remit money to the tax commissioner as required under this	108085
section, the provider, reseller, or seller is liable to the state	108086
for the amount not remitted, regardless of whether the amount was	108087
collected.	108088

(b) No provider of a prepaid wireless calling service shall	108089
be liable to the state for any wireless 9-1-1 charge imposed under	108090
division (B)(1) of section 5507.42 of the Revised Code that was	108091
not collected or remitted.	108092

(D) Prior to January 1, 2014:

108093

(1) If the public utilities commission has reason to believe	108094
that a wireless service provider or reseller has failed to bill,	108095
collect, or remit the wireless 9-1-1 charge as required by	108096
divisions (A)(1) and (C)(1) of this section or has retained more	108097
than the amount authorized under division (A)(2) of this section,	108098
and after written notice to the provider or reseller, the	108099
commission may audit the provider or reseller for the sole purpose	108100
of making such a determination. The audit may include, but is not	108101
limited to, a sample of the provider's or reseller's billings,	108102
collections, remittances, or retentions for a representative	108103
period, and the commission shall make a good faith effort to reach	108104
agreement with the provider or reseller in selecting that sample.	108105

(2) Upon written notice to the wireless service provider or	108106
reseller, the commission, by order after completion of the audit,	108107
may make an assessment against the provider or reseller if,	108108
pursuant to the audit, the commission determines that the provider	108109
or reseller has failed to bill, collect, or remit the wireless	108110
9-1-1 charge as required by divisions (A)(1) and (C)(1) of this	108111
section or has retained more than the amount authorized under	108112
division (A)(2) of this section. The assessment shall be in the	108113
amount of any remittance that was due and unpaid on the date	108114
notice of the audit was sent by the commission to the provider or	108115
reseller or, as applicable, in the amount of the excess amount	108116
under division (A)(2) of this section retained by the provider or	108117
reseller as of that date.	108118

(3) The portion of any assessment not paid within sixty days	108119
after the date of service by the commission of the assessment	108120
notice under division (D)(2) of this section shall bear interest	108121
from that date until paid at the rate per annum prescribed by	108122
section 5703.47 of the Revised Code. That interest may be	108123
collected by making an assessment under division (D)(2) of this	108124
section. An assessment under this division and any interest due	108125
shall be remitted in the same manner as the wireless 9-1-1 charge	108126
imposed under division (A) of section 5507.42 of the Revised Code.	108127

(4) An assessment is final and due and payable and shall be	108128
remitted to the commission unless the assessed party petitions for	108129
rehearing under section 4903.10 of the Revised Code. The	108130
proceedings of the commission specified in division (D)(4) of this	108131
section are subject to and governed by Chapter 4903. of the	108132
Revised Code, except that the court of appeals of Franklin county	108133
has exclusive, original jurisdiction to review, modify, or vacate	108134
an order of the commission under division (D)(2) of this section.	108135
The court shall hear and determine such appeal in the same manner	108136
and under the same standards as the Ohio supreme court hears and	108137
determines appeals under Chapter 4903. of the Revised Code.	108138

The judgment of the court of appeals is final and conclusive	108139
unless reversed, vacated, or modified on appeal. Such an appeal	108140
may be made by the commission or the person to whom the order	108141
under division (D)(2) of this section was issued and shall proceed	108142
as in the case of appeals in civil actions as provided in Chapter	108143
2505. of the Revised Code.	108144

(5) After an assessment becomes final, if any portion of the	108145
assessment remains unpaid, including accrued interest, a certified	108146
copy of the commission's entry making the assessment final may be	108147
filed in the office of the clerk of the court of common pleas in	108148
the county in which the place of business of the assessed party is	108149
located. If the party maintains no place of business in this	108150
state, the certified copy of the entry may be filed in the office	108151
of the clerk of the court of common pleas of Franklin county.	108152
Immediately upon the filing, the clerk shall enter a judgment for	108153
the state against the assessed party in the amount shown on the	108154
entry. The judgment may be filed by the clerk in a loose-leaf book	108155
entitled "special judgments for wireless 9-1-1 charges" and shall	108156
have the same effect as other judgments. The judgment shall be	108157
executed upon the request of the commission.	108158

(6) An assessment under this division does not discharge a	108159
subscriber's liability to reimburse the provider or reseller for	108160
the wireless 9-1-1 charge imposed under division (A) of section	108161
5507.42 of the Revised Code. If, after the date of service of the	108162
audit notice under division (D)(1) of this section, a subscriber	108163
pays a wireless 9-1-1 charge for the period covered by the	108164
assessment, the payment shall be credited against the assessment.	108165

(7) All money collected by the commission under division (D)	108166
of this section shall be paid to the treasurer of state, for	108167
deposit to the credit of the wireless 9-1-1 government assistance	108168
fund.	108169

(E) Beginning January 1, 2014:

108170

(1) If the tax commissioner has reason to believe that a	108171
wireless service provider, reseller, or seller has failed to bill,	108172
collect, or remit the wireless 9-1-1 charge as required by this	108173
section and section 5507.42 of the Revised Code or has retained	108174
more than the amount authorized under division (B)(4) of this	108175
section, and after written notice to the provider, reseller, or	108176
seller, the tax commissioner may audit the provider, reseller, or	108177
seller for the sole purpose of making such a determination. The	108178
audit may include, but is not limited to, a sample of the	108179
provider's, reseller's, or seller's billings, collections,	108180
remittances, or retentions for a representative period, and the	108181
tax commissioner shall make a good faith effort to reach agreement	108182
with the provider, reseller, or seller in selecting that sample.	108183

(2) Upon written notice to the wireless service provider,	108184
reseller, or seller, the tax commissioner, after completion of the	108185
audit, may make an assessment against the provider, reseller, or	108186
seller if, pursuant to the audit, the tax commissioner determines	108187
that the provider, reseller, or seller has failed to bill,	108188
collect, or remit the wireless 9-1-1 charge as required by this	108189
section and section 5507.42 of the Revised Code or has retained	108190
more than the amount authorized under division (B)(4) of this	108191
section. The assessment shall be in the amount of any remittance	108192
that was due and unpaid on the date notice of the audit was sent	108193
by the tax commissioner to the provider, reseller, or seller or,	108194
as applicable, in the amount of the excess amount under division	108195
(B)(4) of this section retained by the provider, reseller, or	108196
seller as of that date.	108197

(3) The portion of any assessment consisting of wireless	108198
9-1-1 charges due and not paid within sixty days after the date of	108199
~~service by the tax commissioner of~~that the assessment ~~notice~~was	108200
made under division (E)(2) of this section shall bear interest	108201
from that date until paid at the rate per annum prescribed by	108202
section 5703.47 of the Revised Code. That interest may be	108203
collected by making an assessment under division (E)(2) of this	108204
section. ~~An assessment under this division and any interest due~~	108205
~~shall be remitted in the same manner as the wireless 9-1-1 charges~~	108206
~~imposed under section 5507.42 of the Revised Code.~~	108207

(4) ~~The portion of the assessment not paid within sixty days~~	108208
~~after the day the assessment was issued shall bear interest at the~~	108209
~~rate per annum prescribed by section 5703.47 of the Revised Code~~	108210
~~from the day the commissioner issues the assessment until it is~~	108211
~~paid. Interest shall be remitted in the same manner as the 9-1-1~~	108212
~~charges and may be collected by the issuance of an assessment~~	108213
~~under division (E) of this section.~~	108214

~~(5)~~ Unless the provider, reseller, or seller assessed files	108215
with the tax commissioner within sixty days after service of the	108216
notice of assessment, either personally or by certified mail, a	108217
written petition for reassessment, signed by the party assessed or	108218
that party's authorized agent having knowledge of the facts, the	108219
assessment shall become final and the amount of the assessment	108220
shall be due and payable from the party assessed to the treasurer	108221
of state, for deposit to the next generation 9-1-1 fund, which is	108222
created under section 5507.54 of the Revised Code. The petition	108223
shall indicate the objections of the party assessed, but	108224
additional objections may be raised in writing if received by the	108225
commissioner prior to the date shown on the final determination.	108226
If the petition has been properly filed, the commissioner shall	108227
proceed under section 5703.60 of the Revised Code.	108228

~~(6)~~(5) After an assessment becomes final, if any portion of	108229
the assessment remains unpaid, including accrued interest, a	108230
certified copy of the final assessment may be filed in the office	108231
of the clerk of the court of common pleas in the county in which	108232
the business of the assessed party is conducted. If the party	108233
assessed maintains no place of business in this state, the	108234
certified copy of the final assessment may be filed in the office	108235
of the clerk of the court of common pleas of Franklin county.	108236
Immediately upon the filing, the clerk shall enter a judgment for	108237
the state against the assessed party in the amount shown on the	108238
final assessment. The judgment may be filed by the clerk in a	108239
loose-leaf book entitled "special judgments for wireless 9-1-1	108240
charges" and shall have the same effect as other judgments. The	108241
judgment shall be executed upon the request of the tax	108242
commissioner.	108243

~~(7)~~(6) If the commissioner determines that the commissioner	108244
erroneously has refunded a wireless 9-1-1 charge to any person,	108245
the commissioner may make an assessment against that person for	108246
recovery of the erroneously refunded charge.	108247

~~(8)~~(7) An assessment under division (E) of this section does	108248
not discharge a subscriber's or consumer's liability to reimburse	108249
the provider, reseller, or seller for a wireless 9-1-1 charge. If,	108250
after the date of service of the audit notice under division	108251
(E)(1) of this section, a subscriber or consumer pays a wireless	108252
9-1-1 charge for the period covered by the assessment, the payment	108253
shall be credited against the assessment.	108254

Sec. 5511.03. The director of transportation shall examine	108255
the existing highway facilities serving the several hospitals,	108256
educational institutions, and correctional and other similar	108257
institutions belonging to the state, and located outside municipal	108258
corporations. Where the director finds that any such state	108259
institution is not located on a state highway or connected with a	108260
highway by a suitable road, affording in its present condition	108261
adequate transportation facilities to those having occasion to	108262
visit such institution, the director may establish a state highway	108263
leading to such institution from a convenient point on an existing	108264
highway. Where the director finds that any such institution is not	108265
served by adequate highway facilities connecting it with the	108266
railroad delivery point from which it principally obtains fuel,	108267
provisions, and supplies, the director may establish a highway	108268
connecting such institution and railroad delivery point.	108269
Limitations imposed on the mileage of state highways shall not	108270
apply to highways established under this section.	108271

The director may construct at state expense all highways	108272
established under authority of this section and pay the entire	108273
cost thereof from the state highway operating fund. Such highways	108274
shall be maintained by the department of transportation and the	108275
cost shall be paid from the highway operating fund of the	108276
department.	108277

The directors of transportation, ~~mental health~~mental health	108278
and addiction services, developmental disabilities, and	108279
rehabilitation and correction may cooperate in the establishment,	108280
construction, reconstruction, maintenance, and repair of roads	108281
within the limits of state institutions. The cost shall be paid	108282
from funds appropriated for highway purposes and from the funds	108283
appropriated to the department of ~~mental health~~mental health and	108284
addiction services, department of developmental disabilities, or	108285
the department of rehabilitation and correction for capital	108286
improvements or maintenance in such proportion as may be agreed	108287
upon by the directors of transportation, ~~mental health~~mental	108288
health and addiction services, developmental disabilities, and	108289
rehabilitation and correction.	108290

Sec. 5701.13. (A) As used in this section:

108291

(1) "Nursing home" means a nursing home or a home for the	108292
aging, as those terms are defined in section 3721.01 of the	108293
Revised Code, that is issued a license pursuant to section 3721.02	108294
of the Revised Code.	108295

(2) "Residential care facility" means a residential care	108296
facility, as defined in section 3721.01 of the Revised Code, that	108297
is issued a license pursuant to section 3721.02 of the Revised	108298
Code.	108299

(3) "Residential facility" means a residential facility	108300
licensed under section ~~5119.22~~5119.34 of the Revised Code that	108301
provides accommodations, supervision, and personal care services	108302
for three to sixteen unrelated adults.	108303

(B) As used in Title LVII of the Revised Code, and for the	108304
purpose of other sections of the Revised Code that refer	108305
specifically to Chapter 5701. or section 5701.13 of the Revised	108306
Code, a "home for the aged" means either of the following:	108307

(1) A place of residence for aged and infirm persons that	108308
satisfies divisions (B)(1)(a) to (e) of this section:	108309

(a) It is a nursing home, residential care facility, or	108310
residential facility.	108311

(b) It is owned by a corporation, unincorporated nonprofit	108312
association, or trust of a charitable, religious, or fraternal	108313
nature, that is organized and operated not for profit, is not	108314
formed for the pecuniary gain or profit of, and whose net earnings	108315
or any part of whose net earnings is not distributable to, its	108316
members, trustees, officers, or other private persons, and is	108317
exempt from federal income taxation under section 501 of the	108318
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	108319

(c) It is open to the public without regard to race, color,	108320
or national origin.	108321

(d) It does not pay, directly or indirectly, compensation for	108322
services rendered, interest on debts incurred, or purchase price	108323
for land, building, equipment, supplies, or other goods or	108324
chattels, which compensation, interest, or purchase price is	108325
unreasonably high.	108326

(e) It provides services for the life of each resident	108327
without regard to the resident's ability to continue payment for	108328
the full cost of the services.	108329

(2) A place of residence that satisfies divisions (B)(1)(b),	108330
(d), and (e) of this section; that satisfies the definition of	108331
"nursing home" or "residential care facility" under section	108332
3721.01 of the Revised Code or the definition of "residential	108333
facility" under division (A)(3) of this section regardless of	108334
whether it is licensed as such a home or facility; and that is	108335
provided at no charge to individuals on account of their service	108336
without compensation to a charitable, religious, fraternal, or	108337
educational institution, which individuals are aged or infirm and	108338
are members of the corporation, association, or trust that owns	108339
the place of residence. For the purposes of division (B)(2) of	108340
this section, "compensation" does not include furnishing room and	108341
board, clothing, health care, or other necessities, or stipends or	108342
other de minimis payments to defray the cost thereof.	108343

Exemption from taxation shall be accorded, on proper	108344
application, only to those homes or parts of homes that meet the	108345
standards and provide the services specified in this section.	108346

Nothing in this section shall be construed as preventing a	108347
home from requiring a resident with financial need to apply for	108348
any applicable financial assistance or requiring a home to retain	108349
a resident who willfully refuses to pay for services for which the	108350
resident has contracted even though the resident has sufficient	108351
resources to do so.	108352

(C)(1) If a corporation, unincorporated nonprofit	108353
association, or trust described in division (B)(1)(b) of this	108354
section is granted a certificate of need pursuant to section	108355
3702.52 of the Revised Code to construct, add to, or otherwise	108356
modify a nursing home, or is given approval pursuant to section	108357
3791.04 of the Revised Code to construct, add to, or otherwise	108358
modify a residential care facility or residential facility and if	108359
the corporation, association, or trust submits an affidavit to the	108360
tax commissioner stating that, commencing on the date of licensure	108361
and continuing thereafter, the home or facility will be operated	108362
in accordance with the requirements of divisions (B)(1)(a) to (e)	108363
of this section, the corporation, association, or trust shall be	108364
considered to be operating a "home for the aged" within the	108365
meaning of division (B)(1) of this section, beginning on the first	108366
day of January of the year in which such certificate is granted or	108367
approval is given.	108368

(2) If a corporation, association, or trust is considered to	108369
be operating a "home for the aged" pursuant to division (C)(1) of	108370
this section, the corporation, association, or trust shall notify	108371
the tax commissioner in writing upon the occurrence of any of the	108372
following events:	108373

(a) The corporation, association, or trust no longer intends	108374
to complete the construction of, addition to, or modification of	108375
the home or facility, to obtain the appropriate license for the	108376
home or facility, or to commence operation of the home or facility	108377
in accordance with the requirements of divisions (B)(1)(a) to (e)	108378
of this section;	108379

(b) The certificate of approval referred to in division	108380
(C)(1) of this section expires, is revoked, or is otherwise	108381
terminated prior to the completion of the construction of,	108382
addition to, or modification of the home or facility;	108383

(c) The license to operate the home or facility is not	108384
granted by the director of health within one year following	108385
completion of the construction of, addition to, or modification of	108386
the home or facility;	108387

(d) The license to operate the home or facility is not	108388
granted by the director of health within four years following the	108389
date upon which the certificate or approval referred to in	108390
division (C)(1) of this section was granted or given;	108391

(e) The home or facility is granted a license to operate as a	108392
nursing home, residential care facility, or residential facility.	108393

(3) Upon the occurrence of any of the events referred to in	108394
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	108395
corporation, association, or trust shall no longer be considered	108396
to be operating a "home for the aged" pursuant to division (C)(1)	108397
of this section, except that the tax commissioner, for good cause	108398
shown and to the extent the commissioner considers appropriate,	108399
may extend the time period specified in division (C)(2)(c) or (d)	108400
of this section, or both. Nothing in division (C)(3) of this	108401
section shall be construed to prevent a nursing home, residential	108402
care facility, or residential facility from qualifying as a "home	108403
for the aged" if, upon proper application made pursuant to	108404
division (B) of this section, it is found to meet the requirements	108405
of divisions (A) and (B) of this section.	108406

Sec. 5703.052. (A) There is hereby created in the state	108407
treasury the tax refund fund, from which refunds shall be paid for	108408
taxes illegally or erroneously assessed or collected, or for any	108409
other reason overpaid, that are levied by Chapter 4301., 4305.,	108410
5726., 5728., 5729., 5731., 5733., 5735., 5739., 5741., 5743.,	108411
5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	108412
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	108413
5727.81, and 5727.811 of the Revised Code. Refunds for fees	108414
illegally or erroneously assessed or collected, or for any other	108415
reason overpaid, that are levied by sections 3734.90 to 3734.9014	108416
of the Revised Code also shall be paid from the fund. Refunds for	108417
amounts illegally or erroneously assessed or collected by the tax	108418
commissioner, or for any other reason overpaid, that are due under	108419
section 1509.50 of the Revised Code shall be paid from the fund.	108420
However, refunds for taxes levied under section 5739.101 of the	108421
Revised Code shall not be paid from the tax refund fund, but shall	108422
be paid as provided in section 5739.104 of the Revised Code.	108423

(B)(1) Upon certification by the tax commissioner to the	108424
treasurer of state of a tax refund~~, a fee refund,~~ or ~~an other~~	108425
another amount refunded, or by the superintendent of insurance of	108426
a domestic or foreign insurance tax refund, the treasurer of state	108427
shall place the amount certified to the credit of the fund. The	108428
certified amount transferred shall be derived from ~~current~~the	108429
receipts of the same tax, fee, or other amount from which the	108430
refund arose. ~~If current receipts from the tax, fee, or other~~	108431
~~amount from which the refund arose are inadequate to make the~~	108432
~~transfer of the amount so certified, the treasurer of state shall~~	108433
~~transfer such certified amount from current receipts of the sales~~	108434
~~tax levied by section 5739.02 of the Revised Code.~~	108435

(2) When ~~the treasurer of state provides for the payment of a~~	108436
~~refund of a tax, fee, or other amount from the current receipts of~~	108437
~~the sales tax, and the~~a refund is for a tax, fee, or other amount	108438
that is not levied by the state, the tax commissioner shall	108439
recover the amount of that refund from the next distribution of	108440
that tax, fee, or other amount that otherwise would be made to the	108441
taxing jurisdiction. If the amount to be recovered would exceed	108442
twenty-five per cent of the next distribution of that tax, fee, or	108443
other amount, the commissioner may spread the recovery over more	108444
than one future distribution, taking into account the amount to be	108445
recovered and the amount of the anticipated future distributions.	108446
In no event may the commissioner spread the recovery over a period	108447
to exceed twenty-four months.	108448

Sec. 5703.059. (A) The tax commissioner may adopt rules	108449
requiring returns, including any accompanying schedule or	108450
statement, for any of the following taxes to be filed	108451
electronically using the Ohio business gateway as defined in	108452
section 718.051 of the Revised Code, filed telephonically using	108453
the system known as the Ohio telefile system, or filed by any	108454
other electronic means prescribed by the commissioner:	108455

(1) Employer income tax withholding under Chapter 5747. of	108456
the Revised Code;	108457

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

108458

(3) Cigarette and tobacco product tax under Chapter 5743. of	108459
the Revised Code;	108460

(4) Severance tax under Chapter 5749. of the Revised Code;

108461

(5) Use tax under Chapter 5741. of the Revised Code;

108462

(6) Commercial activity tax under Chapter 5751. of the	108463
Revised Code;	108464

(7) Financial institutions tax under Chapter 5726. of the	108465
Revised Code.	108466

(B) The tax commissioner may adopt rules requiring any	108467
payment of tax shown on such a return to be due to be made	108468
electronically in a manner approved by the commissioner.	108469

(C) A rule adopted under this section does not apply to	108470
returns or reports filed or payments made before six months after	108471
the effective date of the rule. The commissioner shall publicize	108472
any new electronic filing requirement on the department's web	108473
site. The commissioner shall educate the public of the requirement	108474
through seminars, workshops, conferences, or other outreach	108475
activities.	108476

(D) Any person required to file returns and make payments	108477
electronically under rules adopted under this section may apply to	108478
the commissioner, on a form prescribed by the commissioner, to be	108479
excused from that requirement. For good cause shown, the	108480
commissioner may excuse the applicant from the requirement and	108481
permit the applicant to file the returns or reports or make the	108482
payments required under this section by nonelectronic means.	108483

(E) Beginning July 1, 2014, and thereafter for each year that	108484
the department of taxation has published at least one method	108485
acceptable to the tax commissioner for filing returns required	108486
under section 5747.08 of the Revised Code electronically, the	108487
department shall publish on the department's official web site a	108488
method for any individual, trust, or pass-through entity,	108489
including individuals, trusts, and pass-through entities filing an	108490
income tax return in this state for the first time, to register	108491
electronically for that method of filing.	108492

Sec. 5703.21. (A) Except as provided in divisions (B) and	108493
(C) of this section, no agent of the department of taxation,	108494
except in the agent's report to the department or when called on	108495
to testify in any court or proceeding, shall divulge any	108496
information acquired by the agent as to the transactions,	108497
property, or business of any person while acting or claiming to	108498
act under orders of the department. Whoever violates this	108499
provision shall thereafter be disqualified from acting as an	108500
officer or employee or in any other capacity under appointment or	108501
employment of the department.	108502

(B)(1) For purposes of an audit pursuant to section 117.15 of	108503
the Revised Code, or an audit of the department pursuant to	108504
Chapter 117. of the Revised Code, or an audit, pursuant to that	108505
chapter, the objective of which is to express an opinion on a	108506
financial report or statement prepared or issued pursuant to	108507
division (A)(7) or (9) of section 126.21 of the Revised Code, the	108508
officers and employees of the auditor of state charged with	108509
conducting the audit shall have access to and the right to examine	108510
any state tax returns and state tax return information in the	108511
possession of the department to the extent that the access and	108512
examination are necessary for purposes of the audit. Any	108513
information acquired as the result of that access and examination	108514
shall not be divulged for any purpose other than as required for	108515
the audit or unless the officers and employees are required to	108516
testify in a court or proceeding under compulsion of legal	108517
process. Whoever violates this provision shall thereafter be	108518
disqualified from acting as an officer or employee or in any other	108519
capacity under appointment or employment of the auditor of state.	108520

(2) For purposes of an internal audit pursuant to section	108521
126.45 of the Revised Code, the officers and employees of the	108522
office of internal ~~auditing~~audit in the office of budget and	108523
management charged with ~~conducting~~directing the internal audit	108524
shall have access to and the right to examine any state tax	108525
returns and state tax return information in the possession of the	108526
department to the extent that the access and examination are	108527
necessary for purposes of the internal audit. Any information	108528
acquired as the result of that access and examination shall not be	108529
divulged for any purpose other than as required for the internal	108530
audit or unless the officers and employees are required to testify	108531
in a court or proceeding under compulsion of legal process.	108532
Whoever violates this provision shall thereafter be disqualified	108533
from acting as an officer or employee or in any other capacity	108534
under appointment or employment of the office of internal ~~auditing~~	108535
audit.	108536

(3) As provided by section 6103(d)(2) of the Internal Revenue	108537
Code, any federal tax returns or federal tax information that the	108538
department has acquired from the internal revenue service, through	108539
federal and state statutory authority, may be disclosed to the	108540
auditor of state or the office of internal ~~auditing~~audit solely	108541
for purposes of an audit of the department.	108542

(4) For purposes of Chapter 3739. of the Revised Code, an	108543
agent of the department of taxation may share information with the	108544
division of state fire marshal that the agent finds during the	108545
course of an investigation.	108546

(C) Division (A) of this section does not prohibit any of the	108547
following:	108548

(1) Divulging information contained in applications,	108549
complaints, and related documents filed with the department under	108550
section 5715.27 of the Revised Code or in applications filed with	108551
the department under section 5715.39 of the Revised Code;	108552

(2) Providing information to the office of child support	108553
within the department of job and family services pursuant to	108554
section 3125.43 of the Revised Code;	108555

(3) Disclosing to the motor vehicle repair board any	108556
information in the possession of the department that is necessary	108557
for the board to verify the existence of an applicant's valid	108558
vendor's license and current state tax identification number under	108559
section 4775.07 of the Revised Code;	108560

(4) Providing information to the administrator of workers'	108561
compensation pursuant to sections 4123.271 and 4123.591 of the	108562
Revised Code;	108563

(5) Providing to the attorney general information the	108564
department obtains under division (J) of section 1346.01 of the	108565
Revised Code;	108566

(6) Permitting properly authorized officers, employees, or	108567
agents of a municipal corporation from inspecting reports or	108568
information pursuant to rules adopted under section 5745.16 of the	108569
Revised Code;	108570

(7) Providing information regarding the name, account number,	108571
or business address of a holder of a vendor's license issued	108572
pursuant to section 5739.17 of the Revised Code, a holder of a	108573
direct payment permit issued pursuant to section 5739.031 of the	108574
Revised Code, or a seller having a use tax account maintained	108575
pursuant to section 5741.17 of the Revised Code, or information	108576
regarding the active or inactive status of a vendor's license,	108577
direct payment permit, or seller's use tax account;	108578

(8) Releasing invoices or invoice information furnished under	108579
section 4301.433 of the Revised Code pursuant to that section;	108580

(9) Providing to a county auditor notices or documents	108581
concerning or affecting the taxable value of property in the	108582
county auditor's county. Unless authorized by law to disclose	108583
documents so provided, the county auditor shall not disclose such	108584
documents;	108585

(10) Providing to a county auditor sales or use tax return or	108586
audit information under section 333.06 of the Revised Code;	108587

(11) Subject to section 4301.441 of the Revised Code,	108588
disclosing to the appropriate state agency information in the	108589
possession of the department of taxation that is necessary to	108590
verify a permit holder's gallonage or noncompliance with taxes	108591
levied under Chapter 4301. or 4305. of the Revised Code;	108592

(12) Disclosing to the department of natural resources	108593
information in the possession of the department of taxation that	108594
is necessary for the department of taxation to verify the	108595
taxpayer's compliance with ~~division (A)(1), (5), (6), (8), or (9)~~	108596
of section 5749.02 of the Revised Code ~~and information received~~	108597
~~pursuant to section 1509.50 of the Revised Code concerning the~~	108598
~~amount due under that section~~or to allow the department of	108599
natural resources to enforce Chapter 1509. of the Revised Code;	108600

(13) Disclosing to the department of job and family services,	108601
industrial commission, and bureau of workers' compensation	108602
information in the possession of the department of taxation solely	108603
for the purpose of identifying employers that misclassify	108604
employees as independent contractors or that fail to properly	108605
report and pay employer tax liabilities. The department of	108606
taxation shall disclose only such information that is necessary to	108607
verify employer compliance with law administered by those	108608
agencies.	108609

(14) Disclosing to the Ohio casino control commission	108610
information in the possession of the department of taxation that	108611
is necessary to verify a casino operator's compliance with section	108612
5747.063 or 5753.02 of the Revised Code and sections related	108613
thereto;	108614

(15) Disclosing to the state lottery commission information	108615
in the possession of the department of taxation that is necessary	108616
to verify a lottery sales agent's compliance with section 5747.064	108617
of the Revised Code.	108618

Sec. 5703.37. (A)(1) Except as provided in division (B) of	108619
this section, whenever service of a notice or order is required in	108620
the manner provided in this section, a copy of the notice or order	108621
shall be served upon the person affected thereby either by	108622
personal service, by certified mail, or by a delivery service	108623
authorized under section 5703.056 of the Revised Code that	108624
notifies the tax commissioner of the date of delivery.	108625

(2) In lieu of serving a copy of a notice or order through	108626
one of the means provided in division (A)(1) of this section, the	108627
commissioner may serve a notice or order upon the person affected	108628
thereby through alternative means as provided in this section,	108629
including, but not limited to, delivery by secure electronic mail	108630
as provided in division (F) of this section. Delivery by such	108631
means satisfies the requirements for delivery under this section.	108632

(B)(1)(a) If certified mail is returned because of an	108633
undeliverable address, the commissioner shall first utilize	108634
reasonable means to ascertain a new last known address, including	108635
the use of a change of address service offered by the United	108636
States postal service or an authorized delivery service under	108637
section 5703.056 of the Revised Code. If, after using reasonable	108638
means, the commissioner is unable to ascertain a new last known	108639
address, the assessment is final for purposes of section 131.02 of	108640
the Revised Code sixty days after the notice or order sent by	108641
certified mail is first returned to the commissioner, and the	108642
commissioner shall certify the notice or order, if applicable, to	108643
the attorney general for collection under section 131.02 of the	108644
Revised Code.	108645

(b) Notwithstanding certification to the attorney general	108646
under division (B)(1)(a) of this section, once the commissioner or	108647
attorney general, or the designee of either, makes an initial	108648
contact with the person to whom the notice or order is directed,	108649
the person may protest an assessment by filing a petition for	108650
reassessment within sixty days after the initial contact. The	108651
certification of an assessment under division (B)(1)(a) of this	108652
section is prima-facie evidence that delivery is complete and that	108653
the notice or order is served.	108654

(2) If mailing of a notice or order by certified mail is	108655
returned for some cause other than an undeliverable address or if	108656
a person does not access an electronic notice or order within the	108657
time provided in division (F) of this section, the commissioner	108658
shall resend the notice or order by ordinary mail. The notice or	108659
order shall show the date the commissioner sends the notice or	108660
order and include the following statement:	108661

"This notice or order is deemed to be served on the addressee	108662
under applicable law ten days from the date this notice or order	108663
was mailed by the commissioner as shown on the notice or order,	108664
and all periods within which an appeal may be filed apply from and	108665
after that date."	108666

Unless the mailing is returned because of an undeliverable	108667
address, the mailing of that information is prima-facie evidence	108668
that delivery of the notice or order was completed ten days after	108669
the commissioner sent the notice or order by ordinary mail and	108670
that the notice or order was served.	108671

If the ordinary mail is subsequently returned because of an	108672
undeliverable address, the commissioner shall proceed under	108673
division (B)(1)(a) of this section. A person may challenge the	108674
presumption of delivery and service under this division in	108675
accordance with division (C) of this section.	108676

(C)(1) A person disputing the presumption of delivery and	108677
service under division (B) of this section bears the burden of	108678
proving by a preponderance of the evidence that the address to	108679
which the notice or order was sent was not an address with which	108680
the person was associated at the time the commissioner originally	108681
mailed the notice or order by certified mail. For the purposes of	108682
this section, a person is associated with an address at the time	108683
the commissioner originally mailed the notice or order if, at that	108684
time, the person was residing, receiving legal documents, or	108685
conducting business at the address; or if, before that time, the	108686
person had conducted business at the address and, when the notice	108687
or order was mailed, the person's agent or the person's affiliate	108688
was conducting business at the address. For the purposes of this	108689
section, a person's affiliate is any other person that, at the	108690
time the notice or order was mailed, owned or controlled at least	108691
twenty per cent, as determined by voting rights, of the	108692
addressee's business.	108693

(2) If the person elects to protest an assessment certified	108694
to the attorney general for collection, the person must do so	108695
within sixty days after the attorney general's initial contact	108696
with the person. The attorney general may enter into a compromise	108697
with the person under sections 131.02 and 5703.06 of the Revised	108698
Code if the person does not file a petition for reassessment with	108699
the commissioner.	108700

(D) Nothing in this section prohibits the commissioner or the	108701
commissioner's designee from delivering a notice or order by	108702
personal service.	108703

(E) Collection actions taken pursuant to section 131.02 of	108704
the Revised Code upon any assessment being challenged under	108705
division (B)(1)(b) of this section shall be stayed upon the	108706
pendency of an appeal under this section. If a petition for	108707
reassessment is filed pursuant to this section on a claim that has	108708
been certified to the attorney general for collection, the claim	108709
shall be uncertified.	108710

(F) The commissioner may serve a notice or order upon the	108711
person affected by the notice or order through secure electronic	108712
means only with the person's consent. The commissioner must inform	108713
the recipient, electronically or by mail, that a notice or order	108714
is available for electronic review and provide instructions to	108715
access and print the notice or order. The recipient's electronic	108716
access of the notice or order satisfies the requirements for	108717
delivery under this section. If the recipient fails to access the	108718
notice or order electronically within ten business days, then the	108719
commissioner shall inform the recipient a second time,	108720
electronically or by mail, that a notice or order is available for	108721
electronic review and provide instructions to access and print the	108722
notice or order. If the recipient fails to access the notice or	108723
order electronically within ten business days of the second	108724
notification, the notice or order shall be served upon the person	108725
through ~~one of~~ the means provided in division ~~(A)(1)~~(B)(2) of this	108726
section.	108727

(G) As used in this section:

108728

(1) "Last known address" means the address the department has	108729
at the time the document is originally sent by certified mail, or	108730
any address the department can ascertain using reasonable means	108731
such as the use of a change of address service offered by the	108732
United States postal service or an authorized delivery service	108733
under section 5703.056 of the Revised Code.	108734

(2) "Undeliverable address" means an address to which the	108735
United States postal service or an authorized delivery service	108736
under section 5703.056 of the Revised Code is not able to deliver	108737
a notice or order, except when the reason for nondelivery is	108738
because the addressee fails to acknowledge or accept the notice or	108739
order.	108740

Sec. 5703.75. This section applies to any tax payable to the	108741
state and administered by the tax commissioner. If the total	108742
amount of any such tax shown to be due on a return, amended	108743
return, or notice does not exceed one dollar, the taxpayer shall	108744
not be required to remit the amount due. If the total amount of a	108745
taxpayer's overpayment of any such tax does not exceed one dollar,	108746
the tax commissioner shall not be required to refund the	108747
overpayment.	108748

Sec. 5703.76. Any payment or distribution of money that the	108749
tax commissioner is required by law to make to a political	108750
subdivision of this state, an officer thereof, or a political	108751
party shall be made by electronic funds transfer. The commissioner	108752
shall promulgate any rules necessary to administer this section.	108753

Sec. 5703.82. ~~(A)~~ Not later than April 1, 2009, the	108754
department of taxation shall acquire the necessary hardware,	108755
software, and services to establish and implement a tax discovery	108756
data system to increase the efficiency of tax collections in the	108757
state. The system must be fully integrated and pre-staged for the	108758
purposes of assisting in revenue analysis, discovering	108759
noncompliant taxpayers, and collecting taxes from those taxpayers.	108760
The system shall consolidate tax data from various mainframe	108761
systems and operate as a single tax discovery data system. The	108762
department shall contract, pursuant to a competitive bidding	108763
process, for the necessary hardware, software, and services to	108764
implement the tax discovery data system.	108765

~~(B) There is hereby created in the state treasury the~~	108766
~~discovery project fund. All money to the credit of the fund shall~~	108767
~~be used to pay the costs of implementing and operating the tax~~	108768
~~discovery data system and to defray the costs incurred by the~~	108769
~~department of taxation in administering the system.~~	108770

~~(C) Beginning July 1, 2009, on or before the first day of~~	108771
~~January, April, July, and October of each calendar year, the tax~~	108772
~~commissioner shall determine and certify to the director of budget~~	108773
~~and management the amount needed to pay the costs of operating the~~	108774
~~tax discovery data system in the previous calendar quarter and the~~	108775
~~costs incurred in the previous calendar quarter by the department~~	108776
~~of taxation in administering the system. The director shall~~	108777
~~provide for payment from the general revenue fund to the discovery~~	108778
~~project fund of the amount so certified.~~	108779

Sec. 5703.90. If any tax administered by the tax	108780
commissioner remains unpaid after the date the tax is due, the	108781
commissioner may issue an assessment for the unpaid tax, and for	108782
any related penalties and interest, against any person liable for	108783
the amount due, including, but not limited to, a person that is	108784
jointly and severally liable for the amount under Chapter 5726.,	108785
5748., 5749., or 5751. of the Revised Code, a partner liable for	108786
the tax liability of a partnership, a director, shareholder, or	108787
officer of a corporation that has dissolved or had its articles of	108788
incorporation canceled by the secretary of state, or any other	108789
person liable for the tax liability of another person under the	108790
Revised Code. The commissioner shall issue the assessment in	108791
accordance with any other provision of the Revised Code applicable	108792
to assessments for the tax for which the person to be assessed is	108793
liable.	108794

Sec. 5705.01. As used in this chapter:

108795

(A) "Subdivision" means any county; municipal corporation;	108796
township; township police district; joint police district;	108797
township fire district; joint fire district; joint ambulance	108798
district; joint emergency medical services district; fire and	108799
ambulance district; joint recreation district; township waste	108800
disposal district; township road district; community college	108801
district; technical college district; detention facility district;	108802
a district organized under section 2151.65 of the Revised Code; a	108803
combined district organized under sections 2152.41 and 2151.65 of	108804
the Revised Code; a joint-county alcohol, drug addiction, and	108805
mental health service district; a drainage improvement district	108806
created under section 6131.52 of the Revised Code; a lake	108807
facilities authority created under Chapter 353. of the Revised	108808
Code; a union cemetery district; a county school financing	108809
district; a city, local, exempted village, cooperative education,	108810
or joint vocational school district; or a regional student	108811
education district created under section 3313.83 of the Revised	108812
Code.	108813

(B) "Municipal corporation" means all municipal corporations,	108814
including those that have adopted a charter under Article XVIII,	108815
Ohio Constitution.	108816

(C) "Taxing authority" or "bond issuing authority" means, in	108817
the case of any county, the board of county commissioners; in the	108818
case of a municipal corporation, the council or other legislative	108819
authority of the municipal corporation; in the case of a city,	108820
local, exempted village, cooperative education, or joint	108821
vocational school district, the board of education; in the case of	108822
a community college district, the board of trustees of the	108823
district; in the case of a technical college district, the board	108824
of trustees of the district; in the case of a detention facility	108825
district, a district organized under section 2151.65 of the	108826
Revised Code, or a combined district organized under sections	108827
2152.41 and 2151.65 of the Revised Code, the joint board of county	108828
commissioners of the district; in the case of a township, the	108829
board of township trustees; in the case of a joint police	108830
district, the joint police district board; in the case of a joint	108831
fire district, the board of fire district trustees; in the case of	108832
a joint recreation district, the joint recreation district board	108833
of trustees; in the case of a joint-county alcohol, drug	108834
addiction, and mental health service district, the district's	108835
board of alcohol, drug addiction, and mental health services; in	108836
the case of a joint ambulance district or a fire and ambulance	108837
district, the board of trustees of the district; in the case of a	108838
union cemetery district, the legislative authority of the	108839
municipal corporation and the board of township trustees, acting	108840
jointly as described in section 759.341 of the Revised Code; in	108841
the case of a drainage improvement district, the board of county	108842
commissioners of the county in which the drainage district is	108843
located; in the case of a lake facilities authority, the board of	108844
directors; in the case of a joint emergency medical services	108845
district, the joint board of county commissioners of all counties	108846
in which all or any part of the district lies; and in the case of	108847
a township police district, a township fire district, a township	108848
road district, or a township waste disposal district, the board of	108849
township trustees of the township in which the district is	108850
located. "Taxing authority" also means the educational service	108851
center governing board that serves as the taxing authority of a	108852
county school financing district as provided in section 3311.50 of	108853
the Revised Code, and the board of directors of a regional student	108854
education district created under section 3313.83 of the Revised	108855
Code.	108856

(D) "Fiscal officer" in the case of a county, means the	108857
county auditor; in the case of a municipal corporation, the city	108858
auditor or village clerk, or an officer who, by virtue of the	108859
charter, has the duties and functions of the city auditor or	108860
village clerk, except that in the case of a municipal university	108861
the board of directors of which have assumed, in the manner	108862
provided by law, the custody and control of the funds of the	108863
university, the chief accounting officer of the university shall	108864
perform, with respect to the funds, the duties vested in the	108865
fiscal officer of the subdivision by sections 5705.41 and 5705.44	108866
of the Revised Code; in the case of a school district, the	108867
treasurer of the board of education; in the case of a county	108868
school financing district, the treasurer of the educational	108869
service center governing board that serves as the taxing	108870
authority; in the case of a township, the township fiscal officer;	108871
in the case of a joint police district, the treasurer of the	108872
district; in the case of a joint fire district, the clerk of the	108873
board of fire district trustees; in the case of a joint ambulance	108874
district, the clerk of the board of trustees of the district; in	108875
the case of a joint emergency medical services district, the	108876
person appointed as fiscal officer pursuant to division (D) of	108877
section 307.053 of the Revised Code; in the case of a fire and	108878
ambulance district, the person appointed as fiscal officer	108879
pursuant to division (B) of section 505.375 of the Revised Code;	108880
in the case of a joint recreation district, the person designated	108881
pursuant to section 755.15 of the Revised Code; in the case of a	108882
union cemetery district, the clerk of the municipal corporation	108883
designated in section 759.34 of the Revised Code; in the case of a	108884
children's home district, educational service center, general	108885
health district, joint-county alcohol, drug addiction, and mental	108886
health service district, county library district, detention	108887
facility district, district organized under section 2151.65 of the	108888
Revised Code, a combined district organized under sections 2152.41	108889
and 2151.65 of the Revised Code, or a metropolitan park district	108890
for which no treasurer has been appointed pursuant to section	108891
1545.07 of the Revised Code, the county auditor of the county	108892
designated by law to act as the auditor of the district; in the	108893
case of a metropolitan park district which has appointed a	108894
treasurer pursuant to section 1545.07 of the Revised Code, that	108895
treasurer; in the case of a drainage improvement district, the	108896
auditor of the county in which the drainage improvement district	108897
is located; in the case of a lake facilities authority, the fiscal	108898
officer designated under section 353.02 of the Revised Code; in	108899
the case of a regional student education district, the fiscal	108900
officer appointed pursuant to section 3313.83 of the Revised Code;	108901
and in all other cases, the officer responsible for keeping the	108902
appropriation accounts and drawing warrants for the expenditure of	108903
the moneys of the district or taxing unit.	108904

(E) "Permanent improvement" or "improvement" means any	108905
property, asset, or improvement with an estimated life or	108906
usefulness of five years or more, including land and interests	108907
therein, and reconstructions, enlargements, and extensions thereof	108908
having an estimated life or usefulness of five years or more.	108909

(F) "Current operating expenses" and "current expenses" mean	108910
the lawful expenditures of a subdivision, except those for	108911
permanent improvements, and except payments for interest, sinking	108912
fund, and retirement of bonds, notes, and certificates of	108913
indebtedness of the subdivision.	108914

(G) "Debt charges" means interest, sinking fund, and	108915
retirement charges on bonds, notes, or certificates of	108916
indebtedness.	108917

(H) "Taxing unit" means any subdivision or other governmental	108918
district having authority to levy taxes on the property in the	108919
district or issue bonds that constitute a charge against the	108920
property of the district, including conservancy districts,	108921
metropolitan park districts, sanitary districts, road districts,	108922
and other districts.	108923

(I) "District authority" means any board of directors,	108924
trustees, commissioners, or other officers controlling a district	108925
institution or activity that derives its income or funds from two	108926
or more subdivisions, such as the educational service center, the	108927
trustees of district children's homes, the district board of	108928
health, a joint-county alcohol, drug addiction, and mental health	108929
service district's board of alcohol, drug addiction, and mental	108930
health services, detention facility districts, a joint recreation	108931
district board of trustees, districts organized under section	108932
2151.65 of the Revised Code, combined districts organized under	108933
sections 2152.41 and 2151.65 of the Revised Code, and other such	108934
boards.	108935

(J) "Tax list" and "tax duplicate" mean the general tax lists	108936
and duplicates prescribed by sections 319.28 and 319.29 of the	108937
Revised Code.	108938

(K) "Property" as applied to a tax levy means taxable	108939
property listed on general tax lists and duplicates.	108940

(L) "Association library district" means a territory, the	108941
boundaries of which are defined by the state library board	108942
pursuant to division (I) of section 3375.01 of the Revised Code,	108943
in which a library association or private corporation maintains a	108944
free public library.	108945

(M) "Library district" means a territory, the boundaries of	108946
which are defined by the state library board pursuant to section	108947
3375.01 of the Revised Code, in which the board of trustees of a	108948
county, municipal corporation, school district, or township public	108949
library maintains a free public library.	108950

(N) "Qualifying library levy" means either of the following:

108951

(1) A levy for the support of a library association or	108952
private corporation that has an association library district with	108953
boundaries that are not identical to those of a subdivision;	108954

(2) A levy proposed under section 5705.23 of the Revised Code	108955
for the support of the board of trustees of a public library that	108956
has a library district with boundaries that are not identical to	108957
those of a subdivision.	108958

(O) "School library district" means a school district in	108959
which a free public library has been established that is under the	108960
control and management of a board of library trustees as provided	108961
in section 3375.15 of the Revised Code.	108962

Sec. 5705.19. This section does not apply to school	108963
districts or, county school financing districts, or lake	108964
facilities authorities.	108965

The taxing authority of any subdivision at any time and in	108966
any year, by vote of two-thirds of all the members of the taxing	108967
authority, may declare by resolution and certify the resolution to	108968
the board of elections not less than ninety days before the	108969
election upon which it will be voted that the amount of taxes that	108970
may be raised within the ten-mill limitation will be insufficient	108971
to provide for the necessary requirements of the subdivision and	108972
that it is necessary to levy a tax in excess of that limitation	108973
for any of the following purposes:	108974

(A) For current expenses of the subdivision, except that the	108975
total levy for current expenses of a detention facility district	108976
or district organized under section 2151.65 of the Revised Code	108977
shall not exceed two mills and that the total levy for current	108978
expenses of a combined district organized under sections 2151.65	108979
and 2152.41 of the Revised Code shall not exceed four mills;	108980

(B) For the payment of debt charges on certain described	108981
bonds, notes, or certificates of indebtedness of the subdivision	108982
issued subsequent to January 1, 1925;	108983

(C) For the debt charges on all bonds, notes, and	108984
certificates of indebtedness issued and authorized to be issued	108985
prior to January 1, 1925;	108986

(D) For a public library of, or supported by, the subdivision	108987
under whatever law organized or authorized to be supported;	108988

(E) For a municipal university, not to exceed two mills over	108989
the limitation of one mill prescribed in section 3349.13 of the	108990
Revised Code;	108991

(F) For the construction or acquisition of any specific	108992
permanent improvement or class of improvements that the taxing	108993
authority of the subdivision may include in a single bond issue;	108994

(G) For the general construction, reconstruction,	108995
resurfacing, and repair of streets, roads, and bridges in	108996
municipal corporations, counties, or townships;	108997

(H) For parks and recreational purposes;

108998

(I) For the purpose of providing and maintaining fire	108999
apparatus, appliances, buildings, or sites therefor, or sources of	109000
water supply and materials therefor, or the establishment and	109001
maintenance of lines of fire alarm telegraph, or the payment of	109002
firefighting companies or permanent, part-time, or volunteer	109003
firefighting, emergency medical service, administrative, or	109004
communications personnel to operate the same, including the	109005
payment of any employer contributions required for such personnel	109006
under section 145.48 or 742.34 of the Revised Code, or the	109007
purchase of ambulance equipment, or the provision of ambulance,	109008
paramedic, or other emergency medical services operated by a fire	109009
department or firefighting company;	109010

(J) For the purpose of providing and maintaining motor	109011
vehicles, communications, other equipment, buildings, and sites	109012
for such buildings used directly in the operation of a police	109013
department, or the payment of salaries of permanent or part-time	109014
police, communications, or administrative personnel to operate the	109015
same, including the payment of any employer contributions required	109016
for such personnel under section 145.48 or 742.33 of the Revised	109017
Code, or the payment of the costs incurred by townships as a	109018
result of contracts made with other political subdivisions in	109019
order to obtain police protection, or the provision of ambulance	109020
or emergency medical services operated by a police department;	109021

(K) For the maintenance and operation of a county home or	109022
detention facility;	109023

(L) For community mental retardation and developmental	109024
disabilities programs and services pursuant to Chapter 5126. of	109025
the Revised Code, except that the procedure for such levies shall	109026
be as provided in section 5705.222 of the Revised Code;	109027

(M) For regional planning;

109028

(N) For a county's share of the cost of maintaining and	109029
operating schools, district detention facilities, forestry camps,	109030
or other facilities, or any combination thereof, established under	109031
section 2151.65 or 2152.41 of the Revised Code or both of those	109032
sections;	109033

(O) For providing for flood defense, providing and	109034
maintaining a flood wall or pumps, and other purposes to prevent	109035
floods;	109036

(P) For maintaining and operating sewage disposal plants and	109037
facilities;	109038

(Q) For the purpose of purchasing, acquiring, constructing,	109039
enlarging, improving, equipping, repairing, maintaining, or	109040
operating, or any combination of the foregoing, a county transit	109041
system pursuant to sections 306.01 to 306.13 of the Revised Code,	109042
or of making any payment to a board of county commissioners	109043
operating a transit system or a county transit board pursuant to	109044
section 306.06 of the Revised Code;	109045

(R) For the subdivision's share of the cost of acquiring or	109046
constructing any schools, forestry camps, detention facilities, or	109047
other facilities, or any combination thereof, under section	109048
2151.65 or 2152.41 of the Revised Code or both of those sections;	109049

(S) For the prevention, control, and abatement of air	109050
pollution;	109051

(T) For maintaining and operating cemeteries;

109052

(U) For providing ambulance service, emergency medical	109053
service, or both;	109054

(V) For providing for the collection and disposal of garbage	109055
or refuse, including yard waste;	109056

(W) For the payment of the police officer employers'	109057
contribution or the firefighter employers' contribution required	109058
under sections 742.33 and 742.34 of the Revised Code;	109059

(X) For the construction and maintenance of a drainage	109060
improvement pursuant to section 6131.52 of the Revised Code;	109061

(Y) For providing or maintaining senior citizens services or	109062
facilities as authorized by section 307.694, 307.85, 505.70, or	109063
505.706 or division (EE) of section 717.01 of the Revised Code;	109064

(Z) For the provision and maintenance of zoological park	109065
services and facilities as authorized under section 307.76 of the	109066
Revised Code;	109067

(AA) For the maintenance and operation of a free public	109068
museum of art, science, or history;	109069

(BB) For the establishment and operation of a 9-1-1 system,	109070
as defined in section 5507.01 of the Revised Code;	109071

(CC) For the purpose of acquiring, rehabilitating, or	109072
developing rail property or rail service. As used in this	109073
division, "rail property" and "rail service" have the same	109074
meanings as in section 4981.01 of the Revised Code. This division	109075
applies only to a county, township, or municipal corporation.	109076

(DD) For the purpose of acquiring property for, constructing,	109077
operating, and maintaining community centers as provided for in	109078
section 755.16 of the Revised Code;	109079

(EE) For the creation and operation of an office or joint	109080
office of economic development, for any economic development	109081
purpose of the office, and to otherwise provide for the	109082
establishment and operation of a program of economic development	109083
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	109084
the extent that the expenses of a county land reutilization	109085
corporation organized under Chapter 1724. of the Revised Code are	109086
found by the board of county commissioners to constitute the	109087
promotion of economic development, for the payment of such	109088
operations and expenses;	109089

(FF) For the purpose of acquiring, establishing,	109090
constructing, improving, equipping, maintaining, or operating, or	109091
any combination of the foregoing, a township airport, landing	109092
field, or other air navigation facility pursuant to section 505.15	109093
of the Revised Code;	109094

(GG) For the payment of costs incurred by a township as a	109095
result of a contract made with a county pursuant to section	109096
505.263 of the Revised Code in order to pay all or any part of the	109097
cost of constructing, maintaining, repairing, or operating a water	109098
supply improvement;	109099

(HH) For a board of township trustees to acquire, other than	109100
by appropriation, an ownership interest in land, water, or	109101
wetlands, or to restore or maintain land, water, or wetlands in	109102
which the board has an ownership interest, not for purposes of	109103
recreation, but for the purposes of protecting and preserving the	109104
natural, scenic, open, or wooded condition of the land, water, or	109105
wetlands against modification or encroachment resulting from	109106
occupation, development, or other use, which may be styled as	109107
protecting or preserving "greenspace" in the resolution, notice of	109108
election, or ballot form. Except as otherwise provided in this	109109
division, land is not acquired for purposes of recreation, even if	109110
the land is used for recreational purposes, so long as no	109111
building, structure, or fixture used for recreational purposes is	109112
permanently attached or affixed to the land. Except as otherwise	109113
provided in this division, land that previously has been acquired	109114
in a township for these greenspace purposes may subsequently be	109115
used for recreational purposes if the board of township trustees	109116
adopts a resolution approving that use and no building, structure,	109117
or fixture used for recreational purposes is permanently attached	109118
or affixed to the land. The authorization to use greenspace land	109119
for recreational use does not apply to land located in a township	109120
that had a population, at the time it passed its first greenspace	109121
levy, of more than thirty-eight thousand within a county that had	109122
a population, at that time, of at least eight hundred sixty	109123
thousand.	109124

(II) For the support by a county of a crime victim assistance	109125
program that is provided and maintained by a county agency or a	109126
private, nonprofit corporation or association under section 307.62	109127
of the Revised Code;	109128

(JJ) For any or all of the purposes set forth in divisions	109129
(I) and (J) of this section. This division applies only to a	109130
township.	109131

(KK) For a countywide public safety communications system	109132
under section 307.63 of the Revised Code. This division applies	109133
only to counties.	109134

(LL) For the support by a county of criminal justice services	109135
under section 307.45 of the Revised Code;	109136

(MM) For the purpose of maintaining and operating a jail or	109137
other detention facility as defined in section 2921.01 of the	109138
Revised Code;	109139

(NN) For purchasing, maintaining, or improving, or any	109140
combination of the foregoing, real estate on which to hold, and	109141
the operating expenses of, agricultural fairs operated by a county	109142
agricultural society or independent agricultural society under	109143
Chapter 1711. of the Revised Code. This division applies only to a	109144
county.	109145

(OO) For constructing, rehabilitating, repairing, or	109146
maintaining sidewalks, walkways, trails, bicycle pathways, or	109147
similar improvements, or acquiring ownership interests in land	109148
necessary for the foregoing improvements;	109149

(PP) For both of the purposes set forth in divisions (G) and	109150
(OO) of this section.	109151

(QQ) For both of the purposes set forth in divisions (H) and	109152
(HH) of this section. This division applies only to a township.	109153

(RR) For the legislative authority of a municipal	109154
corporation, board of county commissioners of a county, or board	109155
of township trustees of a township to acquire agricultural	109156
easements, as defined in section 5301.67 of the Revised Code, and	109157
to supervise and enforce the easements.	109158

(SS) For both of the purposes set forth in divisions (BB) and	109159
(KK) of this section. This division applies only to a county.	109160

(TT) For the maintenance and operation of a facility that is	109161
organized in whole or in part to promote the sciences and natural	109162
history under section 307.761 of the Revised Code.	109163

(UU) For the creation and operation of a county land	109164
reutilization corporation and for any programs or activities of	109165
the corporation found by the board of directors of the corporation	109166
to be consistent with the purposes for which the corporation is	109167
organized;	109168

(VV) For construction and maintenance of improvements and	109169
expenses of soil and water conservation district programs under	109170
Chapter 1515. of the Revised Code;	109171

(WW) For the ~~Ohio cooperative~~OSU extension ~~service~~ fund	109172
created under section 3335.35 of the Revised Code for the purposes	109173
prescribed under section 3335.36 of the Revised Code for the	109174
benefit of the citizens of a county. This division applies only to	109175
a county.	109176

(XX) For a municipal corporation that withdraws or proposes	109177
by resolution to withdraw from a regional transit authority under	109178
section 306.55 of the Revised Code to provide transportation	109179
services for the movement of persons within, from, or to the	109180
municipal corporation;	109181

(YY) For any combination of the purposes specified in	109182
divisions (NN), (VV), and (WW) of this section. This division	109183
applies only to a county.	109184

The resolution shall be confined to the purpose or purposes	109185
described in one division of this section, to which the revenue	109186
derived therefrom shall be applied. The existence in any other	109187
division of this section of authority to levy a tax for any part	109188
or all of the same purpose or purposes does not preclude the use	109189
of such revenues for any part of the purpose or purposes of the	109190
division under which the resolution is adopted.	109191

The resolution shall specify the amount of the increase in	109192
rate that it is necessary to levy, the purpose of that increase in	109193
rate, and the number of years during which the increase in rate	109194
shall be in effect, which may or may not include a levy upon the	109195
duplicate of the current year. The number of years may be any	109196
number not exceeding five, except as follows:	109197

(1) When the additional rate is for the payment of debt	109198
charges, the increased rate shall be for the life of the	109199
indebtedness.	109200

(2) When the additional rate is for any of the following, the	109201
increased rate shall be for a continuing period of time:	109202

(a) For the current expenses for a detention facility	109203
district, a district organized under section 2151.65 of the	109204
Revised Code, or a combined district organized under sections	109205
2151.65 and 2152.41 of the Revised Code;	109206

(b) For providing a county's share of the cost of maintaining	109207
and operating schools, district detention facilities, forestry	109208
camps, or other facilities, or any combination thereof,	109209
established under section 2151.65 or 2152.41 of the Revised Code	109210
or under both of those sections.	109211

(3) When the additional rate is for either of the following,	109212
the increased rate may be for a continuing period of time:	109213

(a) For the purposes set forth in division (I), (J), (U), or	109214
(KK) of this section;	109215

(b) For the maintenance and operation of a joint recreation	109216
district.	109217

(4) When the increase is for the purpose or purposes set	109218
forth in division (D), (G), (H), (CC), or (PP) of this section,	109219
the tax levy may be for any specified number of years or for a	109220
continuing period of time, as set forth in the resolution.	109221

(5) When the additional rate is for the purpose described in	109222
division (Z) of this section, the increased rate shall be for any	109223
number of years not exceeding ten.	109224

A levy for one of the purposes set forth in division (G),	109225
(I), (J), or (U) of this section may be reduced pursuant to	109226
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	109227
the purposes set forth in division (G), (I), (J), or (U) of this	109228
section may also be terminated or permanently reduced by the	109229
taxing authority if it adopts a resolution stating that the	109230
continuance of the levy is unnecessary and the levy shall be	109231
terminated or that the millage is excessive and the levy shall be	109232
decreased by a designated amount.	109233

A resolution of a detention facility district, a district	109234
organized under section 2151.65 of the Revised Code, or a combined	109235
district organized under both sections 2151.65 and 2152.41 of the	109236
Revised Code may include both current expenses and other purposes,	109237
provided that the resolution shall apportion the annual rate of	109238
levy between the current expenses and the other purpose or	109239
purposes. The apportionment need not be the same for each year of	109240
the levy, but the respective portions of the rate actually levied	109241
each year for the current expenses and the other purpose or	109242
purposes shall be limited by the apportionment.	109243

Whenever a board of county commissioners, acting either as	109244
the taxing authority of its county or as the taxing authority of a	109245
sewer district or subdistrict created under Chapter 6117. of the	109246
Revised Code, by resolution declares it necessary to levy a tax in	109247
excess of the ten-mill limitation for the purpose of constructing,	109248
improving, or extending sewage disposal plants or sewage systems,	109249
the tax may be in effect for any number of years not exceeding	109250
twenty, and the proceeds of the tax, notwithstanding the general	109251
provisions of this section, may be used to pay debt charges on any	109252
obligations issued and outstanding on behalf of the subdivision	109253
for the purposes enumerated in this paragraph, provided that any	109254
such obligations have been specifically described in the	109255
resolution.	109256

A resolution adopted by the legislative authority of a	109257
municipal corporation that is for the purpose in division (XX) of	109258
this section may be combined with the purpose provided in section	109259
306.55 of the Revised Code, by vote of two-thirds of all members	109260
of the legislative authority. The legislative authority may	109261
certify the resolution to the board of elections as a combined	109262
question. The question appearing on the ballot shall be as	109263
provided in section 5705.252 of the Revised Code.	109264

The resolution shall go into immediate effect upon its	109265
passage, and no publication of the resolution is necessary other	109266
than that provided for in the notice of election.	109267

When the electors of a subdivision or, in the case of a	109268
qualifying library levy for the support of a library association	109269
or private corporation, the electors of the association library	109270
district, have approved a tax levy under this section, the taxing	109271
authority of the subdivision may anticipate a fraction of the	109272
proceeds of the levy and issue anticipation notes in accordance	109273
with section 5705.191 or 5705.193 of the Revised Code.	109274

Sec. 5705.192. (A) For the purposes of this section only,	109275
"taxing authority" includes a township board of park commissioners	109276
appointed under section 511.18 of the Revised Code.	109277

(B) A taxing authority may propose to replace an existing	109278
levy that the taxing authority is authorized to levy, regardless	109279
of the section of the Revised Code under which the authority is	109280
granted, except a school district emergency levy proposed pursuant	109281
to sections 5705.194 to 5705.197 of the Revised Code. The taxing	109282
authority may propose to replace the existing levy in its entirety	109283
at the rate at which it is authorized to be levied; may propose to	109284
replace a portion of the existing levy at a lesser rate; or may	109285
propose to replace the existing levy in its entirety and increase	109286
the rate at which it is levied. If the taxing authority proposes	109287
to replace an existing levy, the proposed levy shall be called a	109288
replacement levy and shall be so designated on the ballot. Except	109289
as otherwise provided in this division, a replacement levy shall	109290
be limited to the purpose of the existing levy, and shall appear	109291
separately on the ballot from, and shall not be conjoined with,	109292
the renewal of any other existing levy. In the case of an existing	109293
school district levy imposed under section 5705.21 of the Revised	109294
Code for the purpose specified in division (F) of section 5705.19	109295
of the Revised Code, or in the case of an existing school district	109296
levy imposed under section 5705.217 of the Revised Code for the	109297
acquisition, construction, enlargement, renovation, and financing	109298
of permanent improvements, the replacement for that existing levy	109299
may be for the same purpose or for the purpose of general	109300
permanent improvements as defined in section 5705.21 of the	109301
Revised Code.	109302

The resolution proposing a replacement levy shall specify the	109303
purpose of the levy; its proposed rate expressed in mills; whether	109304
the proposed rate is the same as the rate of the existing levy, a	109305
reduction, or an increase; the extent of any reduction or increase	109306
expressed in mills; the first calendar year in which the levy will	109307
be due; and the term of the levy, expressed in years or, if	109308
applicable, that it will be levied for a continuing period of	109309
time.	109310

The sections of the Revised Code governing the maximum rate	109311
and term of the existing levy, the contents of the resolution that	109312
proposed the levy, the adoption of the resolution, the	109313
arrangements for the submission of the question of the levy, and	109314
notice of the election also govern the respective provisions of	109315
the proposal to replace the existing levy, except as provided in	109316
divisions (B)(1) to (3) of this section:	109317

(1) In the case of an existing school district levy that is	109318
imposed under section 5705.21 of the Revised Code for the purpose	109319
specified in division (F) of section 5705.19 of the Revised Code	109320
or under section 5705.17 of the Revised Code for the acquistion,	109321
construction, enlargement, renovation, and financing of permanent	109322
improvements, and that is to be replaced by a levy for general	109323
permanent improvements, the maximum term of the replacement levy	109324
is not limited to the term of the existing levy and may be for a	109325
continuing period of time.	109326

(2) The date on which the election is held shall be as	109327
follows:	109328

(a) For the replacement of a levy with a fixed term of years,	109329
the date of the general election held during the last year the	109330
existing levy may be extended on the real and public utility	109331
property tax list and duplicate, or the date of any election held	109332
in the ensuing year;	109333

(b) For the replacement of a levy imposed for a continuing	109334
period of time, the date of any election held in any year after	109335
the year the levy to be replaced is first approved by the	109336
electors, except that only one election on the question of	109337
replacing the levy may be held during any calendar year.	109338

The failure by the electors to approve a proposal to replace	109339
a levy imposed for a continuing period of time does not terminate	109340
the existing continuing levy.	109341

(3) In the case of an existing school district levy imposed	109342
under division (B) of section 5705.21, division (C) of section	109343
5705.212, or division (J) of section 5705.218 of the Revised Code,	109344
the rates allocated to the municipal school district and to	109345
partnering community schools each may be increased or decreased or	109346
remain the same, and the total rate may be increased, decreased,	109347
or remain the same.	109348

(C) The form of the ballot at the election on the question of	109349
a replacement levy shall be as follows:	109350

"A replacement of a tax for the benefit of .......... (name	109351
of subdivision or public library) for the purpose of ..........	109352
(the purpose stated in the resolution) at a rate not exceeding	109353
.......... mills for each one dollar of valuation, which amounts	109354
to .......... (rate expressed in dollars and cents) for each one	109355
hundred dollars in valuation, for .......... (number of years levy	109356
is to run, or that it will be levied for a continuous period of	109357
time)	109358

109359

		FOR THE TAX LEVY			109360
		AGAINST THE TAX LEVY	"		109361

109362

If the replacement levy is proposed by a municipal school	109363
district to replace an existing tax levied under division (B) of	109364
section 5705.21, division (C)(1) of section 5705.212, or division	109365
(J) of section 5705.218 of the Revised Code, the form of the	109366
ballot shall be modified by adding, after the phrase "each one	109367
dollar of valuation," the following: "(of which ...... mills is to	109368
be allocated to partnering community schools)."	109369

If the proposal is to replace an existing levy and increase	109370
the rate of the existing levy, the form of the ballot shall be	109371
changed by adding the words ".......... mills of an existing levy	109372
and an increase of .......... mills, to constitute" after the	109373
words "a replacement of." If the proposal is to replace only a	109374
portion of an existing levy, the form of the ballot shall be	109375
changed by adding the words "a portion of an existing levy, being	109376
a reduction of .......... mills, to constitute" after the words "a	109377
replacement of." If the existing levy is imposed under division	109378
(B) of section 5705.21, division (C)(1) of section 5705.212, or	109379
division (J) of section 5705.218 of the Revised Code, the form of	109380
the ballot also shall state the portion of the total increased	109381
rate or of the total rate as reduced that is to be allocated to	109382
partnering community schools.	109383

If the tax is to be placed on the tax list of the current tax	109384
year, the form of the ballot shall be modified by adding at the	109385
end of the form the phrase ", commencing in .......... (first year	109386
the replacement tax is to be levied), first due in calendar year	109387
.......... (first calendar year in which the tax shall be due)."	109388

The question covered by the resolution shall be submitted as	109389
a separate proposition, but may be printed on the same ballot with	109390
any other proposition submitted at the same election, other than	109391
the election of officers. More than one such question may be	109392
submitted at the same election.	109393

(D) Two existing levies, or any portion of those levies, may	109394
be combined into one replacement levy, so long as both of the	109395
existing levies are for the same purpose and either both are due	109396
to expire the same year or both are for a continuing period of	109397
time. The question of combining all or portions of the two	109398
existing levies into the replacement levy shall appear as one	109399
ballot proposition before the electors. If the electors approve	109400
the ballot proposition, all or the stated portions of the two	109401
existing levies are replaced by one replacement levy.	109402

(E) A levy approved in excess of the ten-mill limitation	109403
under this section shall be certified to the tax commissioner. In	109404
the first year of a levy approved under this section, the levy	109405
shall be extended on the tax lists after the February settlement	109406
succeeding the election at which the levy was approved. If the	109407
levy is to be placed on the tax lists of the current year, as	109408
specified in the resolution providing for its submission, the	109409
result of the election shall be certified immediately after the	109410
canvass by the board of elections to the taxing authority, which	109411
shall forthwith make the necessary levy and certify it to the	109412
county auditor, who shall extend it on the tax lists for	109413
collection. After the first year, the levy shall be included in	109414
the annual tax budget that is certified to the county budget	109415
commission.	109416

If notes are authorized to be issued in anticipation of the	109417
proceeds of the existing levy, notes may be issued in anticipation	109418
of the proceeds of the replacement levy, and such issuance is	109419
subject to the terms and limitations governing the issuance of	109420
notes in anticipation of the proceeds of the existing levy.	109421

(F) This section does not authorize a tax to be levied in any	109422
year after the year in which revenue is not needed for the purpose	109423
for which the tax is levied.	109424

Sec. 5705.217. (A) The board of education of a city, local,	109425
or exempted village school district, at any time by a vote of	109426
two-thirds of all its members, may declare by resolution that the	109427
amount of taxes that can be raised within the ten-mill limitation	109428
will be insufficient to provide an adequate amount for the present	109429
and future requirements of the school district; that it is	109430
necessary to levy an additional tax in excess of that limitation	109431
for the purposes of providing funds for current operating expenses	109432
and for ~~the acquisition, construction, enlargement, renovation,~~	109433
~~and financing of~~general permanent improvements as defined in	109434
section 5705.21 of the Revised Code; and that the question of the	109435
tax shall be submitted to the electors of the district at a	109436
special election. The tax may be levied for a specified number of	109437
years not exceeding five or~~, if the tax is for current operating~~	109438
~~expenses or for general, on-going permanent improvements,~~ for a	109439
continuing period of time. The resolution shall specify the	109440
proposed tax rate, the first year the tax will be levied, and the	109441
number of years it will be levied, or that it will be levied for a	109442
continuing period of time. The resolution shall apportion the	109443
annual rate of the tax between current operating expenses and	109444
permanent improvements. The apportionment may but need not be the	109445
same for each year of the tax, but the respective portions of the	109446
rate actually levied each year for current operating expenses and	109447
permanent improvements shall be limited by the apportionment.	109448

The resolution shall specify the date of holding the special	109449
election, which shall not be earlier than ninety days after	109450
certification of the resolution to the board of elections and	109451
shall be consistent with the requirements of section 3501.01 of	109452
the Revised Code. The resolution shall go into immediate effect	109453
upon its passage, and no publication of it is necessary other than	109454
that provided in the notice of election. The board of education	109455
shall certify a copy of the resolution to the board of elections	109456
immediately after its adoption. Section 5705.25 of the Revised	109457
Code governs the arrangements and form of the ballot for the	109458
submission of the question to the electors.	109459

If a majority of the electors voting on the question vote in	109460
favor of the tax, the board of education may make the levy at the	109461
additional rate, or at any lesser rate in excess of the ten-mill	109462
limitation. If the tax is for a continuing period of time, it may	109463
be decreased in accordance with section 5705.261 of the Revised	109464
Code.	109465

A board of education may adopt a resolution to renew one or	109466
more existing levies imposed under this section, or to increase or	109467
decrease the rate of a tax levied under this section, for the	109468
purpose of providing funds for either current expenses and general	109469
permanent improvements or solely for general permanent	109470
improvements.	109471

(B)(1) After the approval of a tax for current operating	109472
expenses under this section and prior to the time the first	109473
collection and distribution from the levy can be made, the board	109474
of education may anticipate a fraction of the proceeds of such	109475
levy and issue anticipation notes in a principal amount not	109476
exceeding fifty per cent of the total estimated proceeds of the	109477
tax to be collected during the first year of the levy.	109478

(2) After the approval of a tax ~~under this section~~ for	109479
general permanent improvements ~~having a specific purpose~~levied	109480
under this section for a specified number of years, the board of	109481
education may anticipate a fraction of the proceeds of such tax	109482
and issue anticipation notes in a principal amount not exceeding	109483
fifty per cent of the total estimated proceeds of the tax	109484
remaining to be collected in each year over a specified period of	109485
~~five~~ years, not exceeding the number of years for which the tax	109486
was levied, after issuance of the notes.	109487

(3) After the approval of a tax for general~~, on-going~~	109488
permanent improvements levied under this section for a continuing	109489
period of time, the board of education may anticipate a fraction	109490
of the proceeds of such tax and issue anticipation notes in a	109491
principal amount not exceeding fifty per cent of the total	109492
estimated proceeds of the tax to be collected in each year over a	109493
specified period of years, not exceeding ten, after issuance of	109494
the notes.	109495

Anticipation notes under this section shall be issued as	109496
provided in section 133.24 of the Revised Code. Notes issued under	109497
division (B)(1) or (2) of this section shall have principal	109498
payments during each year after the year of their issuance over a	109499
period not to exceed five years, and may have a principal payment	109500
in the year of their issuance. Notes issued under division (B)(3)	109501
of this section shall have principal payments during each year	109502
after the year of their issuance over a period not to exceed ten	109503
years, and may have a principal payment in the year of their	109504
issuance.	109505

(C) The submission of a question to the electors under this	109506
section is subject to the limitation on the number of elections	109507
that can be held in a year under section 5705.214 of the Revised	109508
Code.	109509

Sec. 5705.218. (A) The board of education of a city, local,	109510
or exempted village school district, at any time by a vote of	109511
two-thirds of all its members, may declare by resolution that it	109512
may be necessary for the school district to issue general	109513
obligation bonds for permanent improvements. The resolution shall	109514
state all of the following:	109515

(1) The necessity and purpose of the bond issue;

109516

(2) The date of the special election at which the question	109517
shall be submitted to the electors;	109518

(3) The amount, approximate date, estimated rate of interest,	109519
and maximum number of years over which the principal of the bonds	109520
may be paid;	109521

(4) The necessity of levying a tax outside the ten-mill	109522
limitation to pay debt charges on the bonds and any anticipatory	109523
securities.	109524

On adoption of the resolution, the board shall certify a copy	109525
of it to the county auditor. The county auditor promptly shall	109526
estimate and certify to the board the average annual property tax	109527
rate required throughout the stated maturity of the bonds to pay	109528
debt charges on the bonds, in the same manner as under division	109529
(C) of section 133.18 of the Revised Code.	109530

(B) After receiving the county auditor's certification under	109531
division (A) of this section, the board of education of the city,	109532
local, or exempted village school district, by a vote of	109533
two-thirds of all its members, may declare by resolution that the	109534
amount of taxes that can be raised within the ten-mill limitation	109535
will be insufficient to provide an adequate amount for the present	109536
and future requirements of the school district; that it is	109537
necessary to issue general obligation bonds of the school district	109538
for permanent improvements and to levy an additional tax in excess	109539
of the ten-mill limitation to pay debt charges on the bonds and	109540
any anticipatory securities; that it is necessary for a specified	109541
number of years or for a continuing period of time to levy	109542
additional taxes in excess of the ten-mill limitation to provide	109543
funds for the acquisition, construction, enlargement, renovation,	109544
and financing of permanent improvements or to pay for current	109545
operating expenses, or both; and that the question of the bonds	109546
and taxes shall be submitted to the electors of the school	109547
district at a special election, which shall not be earlier than	109548
ninety days after certification of the resolution to the board of	109549
elections, and the date of which shall be consistent with section	109550
3501.01 of the Revised Code. The resolution shall specify all of	109551
the following:	109552

(1) The county auditor's estimate of the average annual	109553
property tax rate required throughout the stated maturity of the	109554
bonds to pay debt charges on the bonds;	109555

(2) The proposed rate of the tax, if any, for current	109556
operating expenses, the first year the tax will be levied, and the	109557
number of years it will be levied, or that it will be levied for a	109558
continuing period of time;	109559

(3) The proposed rate of the tax, if any, for permanent	109560
improvements, the first year the tax will be levied, and the	109561
number of years it will be levied, or that it will be levied for a	109562
continuing period of time.	109563

The resolution shall apportion the annual rate of the tax	109564
between current operating expenses and permanent improvements, if	109565
both taxes are proposed. The apportionment may but need not be the	109566
same for each year of the tax, but the respective portions of the	109567
rate actually levied each year for current operating expenses and	109568
permanent improvements shall be limited by the apportionment. The	109569
resolution shall go into immediate effect upon its passage, and no	109570
publication of it is necessary other than that provided in the	109571
notice of election. The board of education shall certify a copy of	109572
the resolution, along with copies of the auditor's estimate and	109573
its resolution under division (A) of this section, to the board of	109574
elections immediately after its adoption.	109575

(C) The board of elections shall make the arrangements for	109576
the submission to the electors of the school district of the	109577
question proposed under division (B) or (J) of this section, and	109578
the election shall be conducted, canvassed, and certified in the	109579
same manner as regular elections in the district for the election	109580
of county officers. The resolution shall be put before the	109581
electors as one ballot question, with a favorable vote indicating	109582
approval of the bond issue, the levy to pay debt charges on the	109583
bonds and any anticipatory securities, the current operating	109584
expenses levy, the permanent improvements levy, and the levy for	109585
the current expenses of a municipal school district and of	109586
partnering community schools, as those levies may be proposed. The	109587
board of elections shall publish notice of the election in a	109588
newspaper of general circulation in the school district once a	109589
week for two consecutive weeks, or as provided in section 7.16 of	109590
the Revised Code, prior to the election. If a board of elections	109591
operates and maintains a web site, that board also shall post	109592
notice of the election on its web site for thirty days prior to	109593
the election. The notice of election shall state all of the	109594
following:	109595

(1) The principal amount of the proposed bond issue;

109596

(2) The permanent improvements for which the bonds are to be	109597
issued;	109598

(3) The maximum number of years over which the principal of	109599
the bonds may be paid;	109600

(4) The estimated additional average annual property tax rate	109601
to pay the debt charges on the bonds, as certified by the county	109602
auditor;	109603

(5) The proposed rate of the additional tax, if any, for	109604
current operating expenses and, if the question is proposed under	109605
division (J) of this section, the portion of the rate to be	109606
allocated to the school district and the portion to be allocated	109607
to partnering community schools;	109608

(6) The number of years the current operating expenses tax	109609
will be in effect, or that it will be in effect for a continuing	109610
period of time;	109611

(7) The proposed rate of the additional tax, if any, for	109612
permanent improvements;	109613

(8) The number of years the permanent improvements tax will	109614
be in effect, or that it will be in effect for a continuing period	109615
of time;	109616

(9) The time and place of the special election.

109617

(D) The form of the ballot for an election under this section	109618
is as follows:	109619

"Shall the .......... school district be authorized to do the	109620
following:	109621

(1) Issue bonds for the purpose of .......... in the	109622
principal amount of $......, to be repaid annually over a maximum	109623
period of ...... years, and levy a property tax outside the	109624
ten-mill limitation, estimated by the county auditor to average	109625
over the bond repayment period ...... mills for each one dollar of	109626
tax valuation, which amounts to ...... (rate expressed in cents or	109627
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	109628
tax valuation, to pay the annual debt charges on the bonds, and to	109629
pay debt charges on any notes issued in anticipation of those	109630
bonds?"	109631

If either a levy for permanent improvements or a levy for	109632
current operating expenses is proposed, or both are proposed, the	109633
ballot also shall contain the following language, as appropriate:	109634

"(2) Levy an additional property tax to provide funds for the	109635
acquisition, construction, enlargement, renovation, and financing	109636
of permanent improvements at a rate not exceeding ....... mills	109637
for each one dollar of tax valuation, which amounts to .......	109638
(rate expressed in cents or dollars and cents) for each $100 of	109639
tax valuation, for ...... (number of years of the levy, or a	109640
continuing period of time)?	109641

(3) Levy an additional property tax to pay current operating	109642
expenses at a rate not exceeding ....... mills for each one dollar	109643
of tax valuation, which amounts to ....... (rate expressed in	109644
cents or dollars and cents) for each $100 of tax valuation, for	109645
....... (number of years of the levy, or a continuing period of	109646
time)?	109647

109648

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			109649
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		109650

109651

If the question is proposed under division (J) of this	109652
section, the form of the ballot shall be modified as prescribed by	109653
division (J)(4) of this section.	109654

(E) The board of elections promptly shall certify the results	109655
of the election to the tax commissioner and the county auditor of	109656
the county in which the school district is located. If a majority	109657
of the electors voting on the question vote for it, the board of	109658
education may proceed with issuance of the bonds and with the levy	109659
and collection of the property tax or taxes at the additional rate	109660
or any lesser rate in excess of the ten-mill limitation. Any	109661
securities issued by the board of education under this section are	109662
Chapter 133. securities, as that term is defined in section 133.01	109663
of the Revised Code.	109664

(F)(1) After the approval of a tax for current operating	109665
expenses under this section and prior to the time the first	109666
collection and distribution from the levy can be made, the board	109667
of education may anticipate a fraction of the proceeds of such	109668
levy and issue anticipation notes in a principal amount not	109669
exceeding fifty per cent of the total estimated proceeds of the	109670
tax to be collected during the first year of the levy.	109671

(2) After the approval of a tax under this section for	109672
permanent improvements having a specific purpose, the board of	109673
education may anticipate a fraction of the proceeds of such tax	109674
and issue anticipation notes in a principal amount not exceeding	109675
fifty per cent of the total estimated proceeds of the tax	109676
remaining to be collected in each year over a period of five years	109677
after issuance of the notes.	109678

(3) After the approval of a tax under this section for	109679
general~~, on-going~~ permanent improvements as defined under ~~this~~	109680
section 5705.21 of the Revised Code, the board of education may	109681
anticipate a fraction of the proceeds of such tax and issue	109682
anticipation notes in a principal amount not exceeding fifty per	109683
cent of the total estimated proceeds of the tax to be collected in	109684
each year over a specified period of years, not exceeding ten,	109685
after issuance of the notes.	109686

Anticipation notes under this section shall be issued as	109687
provided in section 133.24 of the Revised Code. Notes issued under	109688
division (F)(1) or (2) of this section shall have principal	109689
payments during each year after the year of their issuance over a	109690
period not to exceed five years, and may have a principal payment	109691
in the year of their issuance. Notes issued under division (F)(3)	109692
of this section shall have principal payments during each year	109693
after the year of their issuance over a period not to exceed ten	109694
years, and may have a principal payment in the year of their	109695
issuance.	109696

(G) A tax for current operating expenses or for permanent	109697
improvements levied under this section for a specified number of	109698
years may be renewed or replaced in the same manner as a tax for	109699
current operating expenses or for permanent improvements levied	109700
under section 5705.21 of the Revised Code. A tax for current	109701
operating expenses or for permanent improvements levied under this	109702
section for a continuing period of time may be decreased in	109703
accordance with section 5705.261 of the Revised Code.	109704

(H) The submission of a question to the electors under this	109705
section is subject to the limitation on the number of elections	109706
that can be held in a year under section 5705.214 of the Revised	109707
Code.	109708

(I) A school district board of education proposing a ballot	109709
measure under this section to generate local resources for a	109710
project under the school building assistance expedited local	109711
partnership program under section 3318.36 of the Revised Code may	109712
combine the questions under division (D) of this section with a	109713
question for the levy of a property tax to generate moneys for	109714
maintenance of the classroom facilities acquired under that	109715
project as prescribed in section 3318.361 of the Revised Code.	109716

(J)(1) After receiving the county auditor's certification	109717
under division (A) of this section, the board of education of a	109718
municipal school district, by a vote of two-thirds of all its	109719
members, may declare by resolution that it is necessary to levy a	109720
tax in excess of the ten-mill limitation for the purpose of paying	109721
the current expenses of the school district and of partnering	109722
community schools, as defined in section 5705.21 of the Revised	109723
Code; that it is necessary to issue general obligation bonds of	109724
the school district for permanent improvements of the district and	109725
to levy an additional tax in excess of the ten-mill limitation to	109726
pay debt charges on the bonds and any anticipatory securities; and	109727
that the question of the bonds and taxes shall be submitted to the	109728
electors of the school district at a special election, which shall	109729
not be earlier than ninety days after certification of the	109730
resolution to the board of elections, and the date of which shall	109731
be consistent with section 3505.01 of the Revised Code.	109732

The levy of taxes for the current expenses of a partnering	109733
community school under division (J) of this section and the	109734
distribution of proceeds from the tax by a municipal school	109735
district to partnering community schools is hereby determined to	109736
be a proper public purpose.	109737

(2) The tax for the current expenses of the school district	109738
and of partnering community schools is subject to the requirements	109739
of divisions (B)(3), (4), and (5) of section 5705.21 of the	109740
Revised Code.	109741

(3) In addition to the required specifications of the	109742
resolution under division (B) of this section, the resolution	109743
shall express the rate of the tax in mills per dollar of taxable	109744
value, state the number of the mills to be levied for the current	109745
expenses of the partnering community schools and the number of the	109746
mills to be levied for the current expenses of the school	109747
district, specify the number of years (not exceeding ten) the tax	109748
will be levied or that it will be levied for a continuing period	109749
of time, and state the first year the tax will be levied.	109750

The resolution shall go into immediate effect upon its	109751
passage, and no publication of it is necessary other than that	109752
provided in the notice of election. The board of education shall	109753
certify a copy of the resolution, along with copies of the	109754
auditor's estimate and its resolution under division (A) of this	109755
section, to the board of elections immediately after its adoption.	109756

(4) The form of the ballot shall be modified by replacing the	109757
ballot form set forth in division (D)(3) of this section with the	109758
following:	109759

"Levy an additional property tax for the purpose of the	109760
current expenses of the school district and of partnering	109761
community schools at a rate not exceeding ...... (insert the	109762
number of mills) mills for each one dollar of valuation (of which	109763
...... (insert the number of mills to be allocated to partnering	109764
community schools) mills is to be allocated to partnering	109765
community schools), which amounts to ...... (insert the rate	109766
expressed in dollars and cents) for each one hundred dollars of	109767
valuation, for ...... (insert the number of years the levy is to	109768
be imposed, or that it will be levied for a continuing period of	109769
time)?	109770

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			109771
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		109772

(5) After the approval of a tax for the current expenses of	109773
the school district and of partnering community schools under	109774
division (J) of this section, and prior to the time the first	109775
collection and distribution from the levy can be made, the board	109776
of education may anticipate a fraction of the proceeds of the levy	109777
for the current expenses of the school district and issue	109778
anticipation notes in a principal amount not exceeding fifty per	109779
cent of the estimated proceeds of the levy to be collected during	109780
the first year of the levy and allocated to the school district.	109781
The portion of levy proceeds to be allocated to partnering	109782
community schools shall not be included in the estimated proceeds	109783
anticipated under this division and shall not be used to pay debt	109784
charges on any anticipation notes.	109785

The notes shall be issued as provided in section 133.24 of	109786
the Revised Code, shall have principal payments during each year	109787
after the year of their issuance over a period not to exceed five	109788
years, and may have a principal payment in the year of their	109789
issuance.	109790

(6) A tax for the current expenses of the school district and	109791
of partnering community schools levied under division (J) of this	109792
section for a specified number of years may be renewed or replaced	109793
in the same manner as a tax for the current expenses of a school	109794
district and of partnering community schools levied under division	109795
(B) of section 5705.21 of the Revised Code. A tax for the current	109796
expenses of the school district and of partnering community	109797
schools levied under this division for a continuing period of time	109798
may be decreased in accordance with section 5705.261 of the	109799
Revised Code.	109800

(7) The proceeds from the issuance of the general obligation	109801
bonds under division (J) of this section shall be used solely to	109802
pay for permanent improvements of the school district and not for	109803
permanent improvements of partnering community schools.	109804

Sec. 5705.221. (A) At any time, the board of county	109805
commissioners of any county by a majority vote of the full	109806
membership may declare by resolution and certify to the board of	109807
elections of the county that the amount of taxes which may be	109808
raised within the ten-mill limitation by levies on the current tax	109809
duplicate will be insufficient to provide the necessary	109810
requirements of the county's alcohol, drug addiction, and mental	109811
health service district established pursuant to Chapter 340. of	109812
the Revised Code, or the county's contribution to a joint-county	109813
district of which the county is a part, and that it is necessary	109814
to levy a tax in excess of such limitation for the operation of	109815
~~alcohol and drug~~community addiction ~~programs~~services providers	109816
and community mental health ~~programs~~services providers and the	109817
acquisition, construction, renovation, financing, maintenance, and	109818
operation of alcohol and drug addiction facilities and mental	109819
health facilities.	109820

Such resolution shall conform to section 5705.19 of the	109821
Revised Code, except that the increased rate may be in effect for	109822
any number of years not exceeding ten.	109823

The resolution shall be certified and submitted in the manner	109824
provided in section 5705.25 of the Revised Code, except that it	109825
may be placed on the ballot in any election, and shall be	109826
certified to the board of elections not less than ninety days	109827
before the election at which it will be voted upon.	109828

If the majority of the electors voting on a levy to	109829
supplement general fund appropriations for the support of the	109830
comprehensive ~~alcohol and drug~~community addiction and mental	109831
health ~~program~~services providers vote in favor of the levy, the	109832
board may levy a tax within the county at the additional rate	109833
outside the ten-mill limitation during the specified or continuing	109834
period, for the purpose stated in the resolution.	109835

(B) When electors have approved a tax levy under this	109836
section, the board of county commissioners may anticipate a	109837
fraction of the proceeds of the levy and, from time to time, issue	109838
anticipation notes in accordance with section 5705.191 or 5705.193	109839
of the Revised Code.	109840

(C) The county auditor who is the fiscal officer of the	109841
alcohol, drug addiction, and mental health service district, upon	109842
receipt of a resolution from the board of alcohol, drug addiction,	109843
and mental health services, shall establish for the district a	109844
capital improvements account or a reserve balance account, or	109845
both, as specified in the resolution. The capital improvements	109846
account shall be a contingency fund for the necessary acquisition,	109847
replacement, renovation, or construction of facilities and movable	109848
and fixed equipment. Upon the request of the board, funds not	109849
needed to pay for current expenses may be appropriated to the	109850
capital improvements account, in amounts such that the account	109851
does not exceed twenty-five per cent of the replacement value of	109852
all capital facilities and equipment currently used by the board	109853
for programs and services. Other funds which are available for	109854
current capital expenses from federal, state, or local sources may	109855
also be appropriated to this account.	109856

The reserve balance account shall contain those funds that	109857
are not needed to pay for current operating expenses and not	109858
deposited in the capital improvements account but that will be	109859
needed to pay for operating expenses in the future. Upon the	109860
request of a board, such funds shall be appropriated to the	109861
reserve balance account. Payments from the capital improvements	109862
account and the reserve balance account shall be made by the	109863
county treasurer who is the custodian of funds for the district	109864
upon warrants issued by the county auditor who is the fiscal	109865
officer of the district pursuant to orders of the board.	109866

Sec. 5705.25. (A) A copy of any resolution adopted as	109867
provided in section 5705.19 or 5705.2111 of the Revised Code shall	109868
be certified by the taxing authority to the board of elections of	109869
the proper county not less than ninety days before the general	109870
election in any year, and the board shall submit the proposal to	109871
the electors of the subdivision at the succeeding November	109872
election. In the case of a qualifying library levy, the board	109873
shall submit the question to the electors of the library district	109874
or association library district. Except as otherwise provided in	109875
this division, a resolution to renew an existing levy, regardless	109876
of the section of the Revised Code under which the tax was	109877
imposed, shall not be placed on the ballot unless the question is	109878
submitted at the general election held during the last year the	109879
tax to be renewed or replaced may be extended on the real and	109880
public utility property tax list and duplicate, or at any election	109881
held in the ensuing year. The limitation of the foregoing sentence	109882
does not apply to a resolution to renew and increase or to renew	109883
part of an existing levy that was imposed under section 5705.191	109884
of the Revised Code to supplement the general fund for the purpose	109885
of making appropriations for one or more of the following	109886
purposes: for public assistance, human or social services, relief,	109887
welfare, hospitalization, health, and support of general	109888
hospitals. The limitation of the second preceding sentence also	109889
does not apply to a resolution that proposes to renew two or more	109890
existing levies imposed under section 5705.21 or 5705.217 of the	109891
Revised Code, in which case the question shall be submitted on the	109892
date of the general or primary election held during the last year	109893
at least one of the levies to be renewed may be extended on the	109894
real and public utility property tax list and duplicate, or at any	109895
election held during the ensuing year. For purposes of this	109896
section, a levy shall be considered to be an "existing levy"	109897
through the year following the last year it can be placed on that	109898
tax list and duplicate.	109899

The board shall make the necessary arrangements for the	109900
submission of such questions to the electors of such subdivision,	109901
library district, or association library district, and the	109902
election shall be conducted, canvassed, and certified in the same	109903
manner as regular elections in such subdivision, library district,	109904
or association library district for the election of county	109905
officers. Notice of the election shall be published in a newspaper	109906
of general circulation in the subdivision, library district, or	109907
association library district once a week for two consecutive	109908
weeks, or as provided in section 7.16 of the Revised Code, prior	109909
to the election. If the board of elections operates and maintains	109910
a web site, the board of elections shall post notice of the	109911
election on its web site for thirty days prior to the election.	109912
The notice shall state the purpose, the proposed increase in rate	109913
expressed in dollars and cents for each one hundred dollars of	109914
valuation as well as in mills for each one dollar of valuation,	109915
the number of years during which the increase will be in effect,	109916
the first month and year in which the tax will be levied, and the	109917
time and place of the election.	109918

(B) The form of the ballots cast at an election held pursuant	109919
to division (A) of this section shall be as follows:	109920

"An additional tax for the benefit of (name of subdivision or	109921
public library) .......... for the purpose of (purpose stated in	109922
the resolution) .......... at a rate not exceeding ...... mills	109923
for each one dollar of valuation, which amounts to (rate expressed	109924
in dollars and cents) ............ for each one hundred dollars of	109925
valuation, for ...... (life of indebtedness or number of years the	109926
levy is to run).	109927

109928

		For the Tax Levy			109929
		Against the Tax Levy	"		109930

109931

(C) If the levy is to be in effect for a continuing period of	109932
time, the notice of election and the form of ballot shall so state	109933
instead of setting forth a specified number of years for the levy.	109934

If the tax is to be placed on the current tax list, the form	109935
of the ballot shall be modified by adding, after the statement of	109936
the number of years the levy is to run, the phrase ", commencing	109937
in .......... (first year the tax is to be levied), first due in	109938
calendar year .......... (first calendar year in which the tax	109939
shall be due)."	109940

If the levy submitted is a proposal to renew, increase, or	109941
decrease an existing levy, the form of the ballot specified in	109942
division (B) of this section may be changed by substituting for	109943
the words "An additional" at the beginning of the form, the words	109944
"A renewal of a" in case of a proposal to renew an existing levy	109945
in the same amount; the words "A renewal of ........ mills and an	109946
increase of ...... mills to constitute a" in the case of an	109947
increase; or the words "A renewal of part of an existing levy,	109948
being a reduction of ...... mills, to constitute a" in the case of	109949
a decrease in the proposed levy.	109950

If the levy submitted is a proposal to renew two or more	109951
existing levies imposed under section 5705.21 or 5705.217 of the	109952
Revised Code, the form of the ballot specified in division (B) of	109953
this section shall be modified by substituting for the words "an	109954
additional tax" the words "a renewal of ....(insert the number of	109955
levies to be renewed) existing taxes."	109956

If the levy submitted is a levy under section 5705.72 of the	109957
Revised Code or a proposal to renew, increase, or decrease an	109958
existing levy imposed under that section, the name of the	109959
subdivision shall be "the unincorporated area of .......... (name	109960
of township)."	109961

The question covered by such resolution shall be submitted as	109962
a separate proposition but may be printed on the same ballot with	109963
any other proposition submitted at the same election, other than	109964
the election of officers. More than one such question may be	109965
submitted at the same election.	109966

(D) A levy voted in excess of the ten-mill limitation under	109967
this section shall be certified to the tax commissioner. In the	109968
first year of the levy, it shall be extended on the tax lists	109969
after the February settlement succeeding the election. If the	109970
additional tax is to be placed upon the tax list of the current	109971
year, as specified in the resolution providing for its submission,	109972
the result of the election shall be certified immediately after	109973
the canvass by the board of elections to the taxing authority, who	109974
shall make the necessary levy and certify it to the county	109975
auditor, who shall extend it on the tax lists for collection.	109976
After the first year, the tax levy shall be included in the annual	109977
tax budget that is certified to the county budget commission.	109978

Sec. 5705.412. (A) As used in this section, "qualifying	109979
contract" means any agreement for the expenditure of money under	109980
which aggregate payments from the funds included in the school	109981
district's five-year forecast under section 5705.391 of the	109982
Revised Code will exceed the lesser of the following amounts:	109983

(1) Five hundred thousand dollars;

109984

(2) One per cent of the total revenue to be credited in the	109985
current fiscal year to the district's general fund, as specified	109986
in the district's most recent certificate of estimated resources	109987
certified under section 5705.36 of the Revised Code.	109988

(B)(1) Notwithstanding section 5705.41 of the Revised Code,	109989
no school district shall adopt any appropriation measure, make any	109990
qualifying contract, or increase during any school year any wage	109991
or salary schedule unless there is attached thereto a certificate,	109992
signed as required by this section, that the school district has	109993
in effect the authorization to levy taxes including the renewal or	109994
replacement of existing levies which, when combined with the	109995
estimated revenue from all other sources available to the district	109996
at the time of certification, are sufficient to provide the	109997
operating revenues necessary to enable the district to maintain	109998
all personnel and programs for all the days set forth in its	109999
adopted school calendars for the current fiscal year and for a	110000
number of days in succeeding fiscal years equal to the number of	110001
days instruction was held or is scheduled for the current fiscal	110002
year, as follows:	110003

(a) A certificate attached to an appropriation measure under	110004
this section shall cover only the fiscal year in which the	110005
appropriation measure is effective and shall not consider the	110006
renewal or replacement of an existing levy as the authority to	110007
levy taxes that are subject to appropriation in the current fiscal	110008
year unless the renewal or replacement levy has been approved by	110009
the electors and is subject to appropriation in the current fiscal	110010
year.	110011

(b) A certificate attached, in accordance with this section,	110012
to any qualifying contract shall cover the term of the contract.	110013

(c) A certificate attached under this section to a wage or	110014
salary schedule shall cover the term of the schedule.	110015

If the board of education has not adopted a school calendar	110016
for the school year beginning on the first day of the fiscal year	110017
in which a certificate is required, the certificate attached to an	110018
appropriation measure shall include the number of days on which	110019
instruction was held in the preceding fiscal year and other	110020
certificates required under this section shall include that number	110021
of days for the fiscal year in which the certificate is required	110022
and any succeeding fiscal years that the certificate must cover.	110023

The certificate shall be signed by the treasurer and	110024
president of the board of education and the superintendent of the	110025
school district, unless the district is in a state of fiscal	110026
emergency declared under Chapter 3316. of the Revised Code. In	110027
that case, the certificate shall be signed by a member of the	110028
district's financial planning and supervision commission who is	110029
designated by the commission for this purpose.	110030

(2) In lieu of the certificate required under division (B) of	110031
this section, an alternative certificate stating the following may	110032
be attached:	110033

(a) The contract is a multi-year contract for materials,	110034
equipment, or nonpayroll services essential to the education	110035
program of the district;	110036

(b) The multi-year contract demonstrates savings over the	110037
duration of the contract as compared to costs that otherwise would	110038
have been demonstrated in a single year contract, and the terms	110039
will allow the district to reduce the deficit it is currently	110040
facing in future years as demonstrated in its five-year forecast	110041
adopted in accordance with section 5705.391 of the Revised Code.	110042

The certificate shall be signed by the treasurer and	110043
president of the board of education and the superintendent of the	110044
school district, unless the district is in a state of fiscal	110045
emergency declared under Chapter 3316. of the Revised Code. In	110046
that case, the certificate shall be signed by a member of the	110047
district's financial planning and supervision commission who is	110048
designated by the commission for this purpose.	110049

(C) Every qualifying contract made or wage or salary schedule	110050
adopted or put into effect without such a certificate shall be	110051
void, and no payment of any amount due thereon shall be made.	110052

(D) The department of education and the auditor of state	110053
jointly shall adopt rules governing the methods by which	110054
treasurers, presidents of boards of education, superintendents,	110055
and members of financial planning and supervision commissions	110056
shall estimate revenue and determine whether such revenue is	110057
sufficient to provide necessary operating revenue for the purpose	110058
of making certifications required by this section.	110059

(E) The auditor of state shall be responsible for determining	110060
whether school districts are in compliance with this section. At	110061
the time a school district is audited pursuant to section 117.11	110062
of the Revised Code, the auditor of state shall review each	110063
certificate issued under this section since the district's last	110064
audit, and the appropriation measure, contract, or wage and salary	110065
schedule to which such certificate was attached. If the auditor of	110066
state determines that a school district has not complied with this	110067
section with respect to any qualifying contract or wage or salary	110068
schedule, the auditor of state shall notify the prosecuting	110069
attorney for the county, the city director of law, or other chief	110070
law officer of the school district. That officer may file a civil	110071
action in any court of appropriate jurisdiction to seek a	110072
declaration that the contract or wage or salary schedule is void,	110073
to recover for the school district from the payee the amount of	110074
payments already made under it, or both, except that the officer	110075
shall not seek to recover payments made under any collective	110076
bargaining agreement entered into under Chapter 4117. of the	110077
Revised Code. If the officer does not file such an action within	110078
one hundred twenty days after receiving notice of noncompliance	110079
from the auditor of state, any taxpayer may institute the action	110080
in the taxpayer's own name on behalf of the school district.	110081

(F) ~~This section does not apply to any contract or increase~~	110082
~~in any wage or salary schedule that is necessary in order to~~	110083
~~enable a board of education to comply with division (B) of section~~	110084
~~3317.13 of the Revised Code, provided the contract or increase~~	110085
~~does not exceed the amount required to be paid to be in compliance~~	110086
~~with such division.~~	110087

~~(G)~~ Any officer, employee, or other person who expends or	110088
authorizes the expenditure of any public funds or authorizes or	110089
executes any contract or schedule contrary to this section,	110090
expends or authorizes the expenditure of any public funds on the	110091
void contract or schedule, or issues a certificate under this	110092
section which contains any false statements is liable to the	110093
school district for the full amount paid from the district's funds	110094
on the contract or schedule. The officer, employee, or other	110095
person is jointly and severally liable in person and upon any	110096
official bond that the officer, employee, or other person has	110097
given to the school district to the extent of any payments on the	110098
void claim, not to exceed ten thousand dollars. However, no	110099
officer, employee, or other person shall be liable for a mistaken	110100
estimate of available resources made in good faith and based upon	110101
reasonable grounds. If an officer, employee, or other person is	110102
found to have complied with rules jointly adopted by the	110103
department of education and the auditor of state under this	110104
section governing methods by which revenue shall be estimated and	110105
determined sufficient to provide necessary operating revenue for	110106
the purpose of making certifications required by this section, the	110107
officer, employee, or other person shall not be liable under this	110108
section if the estimates and determinations made according to	110109
those rules do not, in fact, conform with actual revenue. The	110110
prosecuting attorney of the county, the city director of law, or	110111
other chief law officer of the district shall enforce this	110112
liability by civil action brought in any court of appropriate	110113
jurisdiction in the name of and on behalf of the school district.	110114
If the prosecuting attorney, city director of law, or other chief	110115
law officer of the district fails, upon the written request of any	110116
taxpayer, to institute action for the enforcement of the	110117
liability, the attorney general, or the taxpayer in the taxpayer's	110118
own name, may institute the action on behalf of the subdivision.	110119

~~(H)~~(G) This section does not require the attachment of an	110120
additional certificate beyond that required by section 5705.41 of	110121
the Revised Code for current payrolls of, or contracts of	110122
employment with, any employees or officers of the school district.	110123

This section does not require the attachment of a certificate	110124
to a temporary appropriation measure if all of the following	110125
apply:	110126

(1) The amount appropriated does not exceed twenty-five per	110127
cent of the total amount from all sources available for	110128
expenditure from any fund during the preceding fiscal year;	110129

(2) The measure will not be in effect on or after the	110130
thirtieth day following the earliest date on which the district	110131
may pass an annual appropriation measure;	110132

(3) An amended official certificate of estimated resources	110133
for the current year, if required, has not been certified to the	110134
board of education under division (B) of section 5705.36 of the	110135
Revised Code.	110136

Sec. 5705.55. (A) The board of directors of a lake	110137
facilities authority, by a vote of two-thirds of all its members,	110138
may at any time declare by resolution that the amount of taxes	110139
which may be raised within the ten-mill limitation by levies on	110140
the current tax duplicate will be insufficient to provide an	110141
adequate amount for the necessary requirements of the authority,	110142
that it is necessary to levy a tax in excess of such limitation	110143
for any of the purposes specified in divisions (A), (B), (F), and	110144
(H) of section 5705.19 of the Revised Code, and that the question	110145
of such additional tax levy shall be submitted by the board to the	110146
electors residing within the boundaries of the impacted lake	110147
district on the day of a primary or general election. The	110148
resolution shall conform to section 5705.19 of the Revised Code,	110149
except that the tax levy may be in effect for no more than five	110150
years, as set forth in the resolution, unless the levy is for the	110151
payment of debt charges, and the total number of mills levied for	110152
each dollar of taxable valuation that may be levied under this	110153
section for any tax year shall not exceed one mill. If the levy is	110154
for the payment of debt charges, the levy shall be for the life of	110155
the bond indebtedness.	110156

The resolution shall specify the date of holding the	110157
election, which shall not be earlier than ninety days after the	110158
adoption and certification of the resolution to the board of	110159
elections. The resolution shall not include a levy on the current	110160
tax list and duplicate unless the election is to be held at or	110161
prior to the first Tuesday after the first Monday in November of	110162
the current tax year.	110163

The resolution shall be certified to the board of elections	110164
of the proper county or counties not less than ninety days before	110165
the date of the election. The resolution shall go into immediate	110166
effect upon its passage, and no publication of the resolution	110167
shall be necessary other than that provided in the notice of	110168
election. Section 5705.25 of the Revised Code shall govern the	110169
arrangements for the submission of such question and other matters	110170
concerning the election, to which that section refers, except that	110171
the election shall be held on the date specified in the	110172
resolution. If a majority of the electors voting on the question	110173
so submitted in an election vote in favor of the levy, the board	110174
of directors may forthwith make the necessary levy within the	110175
boundaries of the impacted lake district at the additional rate in	110176
excess of the ten-mill limitation on the tax list, for the purpose	110177
stated in the resolution. The tax levy shall be included in the	110178
next annual tax budget that is certified to the county budget	110179
commission.	110180

(B) The form of the ballot in an election held on the	110181
question of levying a tax proposed pursuant to this section shall	110182
be as follows or in any other form acceptable to the secretary of	110183
state:	110184

"A tax for the benefit of (name of lake facilities authority)	110185
.......... for the purpose of .......... at a rate not exceeding	110186
......... mills for each one dollar of valuation, which amounts to	110187
(rate expressed in dollars and cents) ............ for each one	110188
hundred dollars of valuation, for ............ (life of	110189
indebtedness or number of years the levy is to run).	110190

110191

		For the Tax Levy			110192
		Against the Tax Levy	"		110193

110194

(C) On approval of the levy, notes may be issued in	110195
anticipation of the collection of the proceeds of the tax levy,	110196
other than the proceeds to be received for the payment of bond	110197
debt charges, in the amount and manner and at the times as are	110198
provided in section 5705.193 of the Revised Code, for the issuance	110199
of notes by a county in anticipation of the proceeds of a tax	110200
levy. The lake facilities authority may borrow money in	110201
anticipation of the collection of current revenues as provided in	110202
section 133.10 of the Revised Code.	110203

(D) If a tax is levied under this section in a tax year, no	110204
other taxing authority of a subdivision or taxing unit, including	110205
a port authority, may levy a tax on property in the impacted lake	110206
district in the same tax year if the purpose of the levy is	110207
substantially the same as the purpose for which the lake	110208
facilities authority of the impacted lake district was created.	110209

Sec. 5709.17. The following property shall be exempted from	110210
taxation:	110211

(A) Real estate held or occupied by an association or	110212
corporation, organized or incorporated under the laws of this	110213
state relative to soldiers' memorial associations, monumental	110214
building associations, or cemetery associations or corporations,	110215
which in the opinion of the trustees, directors, or managers	110216
thereof is necessary and proper to carry out the object intended	110217
for such association or corporation;	110218

(B) Real estate and tangible personal property held or	110219
occupied by a veterans' organization that qualifies for exemption	110220
from taxation under section 501(c)(19) or 501(c)(23) of the	110221
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	110222
amended, and is incorporated under the laws of this state or the	110223
United States, except real estate held by such organization for	110224
the production of rental or other income in excess of the	110225
designated amount, before accounting for any cost or expense	110226
incurred in the production of such income. For the purposes of	110227
this division, the designated amount equals seven thousand five	110228
hundred dollars in tax year 2002, and shall be increased by two	110229
hundred fifty dollars each year thereafter until tax year 2012,	110230
when it shall equal ten thousand dollars. For tax years 2013 and	110231
thereafter, the designated amount shall equal ten thousand	110232
dollars.	110233

(C) Tangible personal property held by a corporation	110234
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	110235
section 501(c)(3) of the Internal Revenue Code, and exempt from	110236
taxation under section 501(a) of the Internal Revenue Code shall	110237
be exempt from taxation if it is property obtained as described in	110238
112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407.	110239

(D) Real estate held or occupied by a fraternal organization	110240
and used primarily for meetings of and the administration of the	110241
fraternal organization. As used in this division, "fraternal	110242
organization" means a domestic fraternal society, order, or	110243
association operating under the lodge, council, or grange system	110244
that qualifies for exemption from taxation under section	110245
501(c)(5), 501(c)(8), or 501(c)(10) of the "Internal Revenue Code	110246
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended; that provides	110247
financial support for charitable purposes, as defined in division	110248
(B)(12) of section 5739.02 of the Revised Code; and that has been	110249
operating in this state with a state governing body for at least	110250
one hundred years.	110251

Sec. 5709.212. (A) With every application for an exempt	110252
facility certificate filed pursuant to section 5709.21 of the	110253
Revised Code, the applicant shall pay a fee equal to one-half of	110254
one per cent of the total exempt facility project cost, not to	110255
exceed two thousand dollars. One-half of the fee received with	110256
applications for exempt facility certificates shall be credited to	110257
the exempt facility administrative fund, which is hereby created	110258
in the state treasury, for appropriation to the department of	110259
taxation for use in administering sections 5709.20 to 5709.27 of	110260
the Revised Code. If the director of environmental protection is	110261
required to provide the opinion for an application, one-half of	110262
the fee shall be credited to the non-Title V clean air fund	110263
created in section 3704.035 of the Revised Code for use in	110264
administering section 5709.211 of the Revised Code, unless the	110265
application is for an industrial water pollution control facility.	110266
If the application is for an industrial water pollution control	110267
facility, one-half of the fee shall be credited to the surface	110268
water protection fund created in section 6111.038 of the Revised	110269
Code for use in administering section 5709.211 of the Revised	110270
Code. ~~If the director of development is required to provide the~~	110271
~~opinion for an application, one-half of the fee for each exempt~~	110272
~~facility application shall be credited to the exempt facility~~	110273
~~inspection fund, which is hereby created in the state treasury,~~	110274
~~for appropriation to the department of development for use in~~	110275
~~administering section 5709.211 of the Revised Code.~~	110276

An applicant is not entitled to any tax exemption under	110277
section 5709.25 of the Revised Code until the fee required by this	110278
section is paid. The fee required by this section is not	110279
refundable, and is due with the application for an exempt facility	110280
certificate even if an exempt facility certificate ultimately is	110281
not issued or is withdrawn. Any application submitted without	110282
payment of the fee shall be deemed incomplete until the fee is	110283
paid.	110284

(B) The application fee imposed under division (A) of this	110285
section for a jointly owned facility shall be equal to one-half of	110286
one per cent of the total exempt facility project cost, not to	110287
exceed two thousand dollars for each facility that is the subject	110288
of the application.	110289

Sec. 5709.75. (A) Any township that receives service payments	110290
in lieu of taxes under section 5709.74 of the Revised Code shall	110291
establish a township public improvement tax increment equivalent	110292
fund into which those payments shall be deposited. If the board of	110293
township trustees has adopted a resolution under division (C) of	110294
section 5709.73 of the Revised Code, the township shall establish	110295
at least one account in that fund with respect to resolutions	110296
adopted under division (B) of that section, and one account with	110297
respect to each incentive district created by a resolution adopted	110298
under division (C) of that section. If a resolution adopted under	110299
division (C) of section 5709.73 of the Revised Code also	110300
authorizes the use of service payments for housing renovations	110301
within the incentive district, the township shall establish	110302
separate accounts for the service payments designated for public	110303
infrastructure improvements and for the service payments	110304
authorized for the purpose of housing renovations.	110305

(B) Except as otherwise provided in division (C) or (D) of	110306
this section, money deposited in an account of the township public	110307
improvement tax increment equivalent fund shall be used by the	110308
township to pay the costs of public infrastructure improvements	110309
designated in or the housing renovations authorized by the	110310
resolution with respect to which the account is established,	110311
including any interest on and principal of the notes; in the case	110312
of an account established with respect to a resolution adopted	110313
under division (C) of that section, money in the account shall be	110314
used to finance the public infrastructure improvements designated,	110315
or the housing renovations authorized, for each incentive district	110316
created in the resolution. Money in an account shall not be used	110317
to finance or support housing renovations that take place after	110318
the incentive district has expired.	110319

(C)(1)(a) A township may distribute money in such an account	110320
to any school district in which the exempt property is located in	110321
an amount not to exceed the amount of real property taxes that	110322
such school district would have received from the improvement if	110323
it were not exempt from taxation. The resolution establishing the	110324
fund shall set forth the percentage of such maximum amount that	110325
will be distributed to any affected school district.	110326

(b) A township also may distribute money in such an account	110327
as follows:	110328

(i) To a board of county commissioners, in the amount that is	110329
owed to the board pursuant to division (E) of section 5709.73 of	110330
the Revised Code;	110331

(ii) To a county in accordance with section 5709.913 of the	110332
Revised Code.	110333

(2) Money from an account in a township public improvement	110334
tax increment equivalent fund may be distributed under division	110335
(C)(1)(b) of this section, regardless of the date a resolution was	110336
adopted under section 5709.73 of the Revised Code that prompted	110337
the establishment of the account, even if the resolution was	110338
adopted prior to March 30, 2006.	110339

(D) A board of township trustees that adopted a resolution	110340
under ~~division (B) of~~ section 5709.73 of the Revised Code ~~before~~	110341
~~January 1, 1995,~~ and that, with respect to property exempted under	110342
such a resolution, is party to a hold-harmless or service	110343
agreement, may appropriate and expend unencumbered money in the	110344
fund to pay current public safety expenses of the township. A	110345
township appropriating and expending money under this division	110346
shall reimburse the fund for the sum so appropriated and expended	110347
not later than the day the exemption granted under the resolution	110348
expires. For the purposes of this division, a "hold-harmless	110349
agreement" is an agreement with the board of education of a city,	110350
local, or exempted village school district under which the board	110351
of township trustees agrees to compensate the school district for	110352
one hundred per cent of the tax revenue the school district would	110353
have received from improvements to parcels designated in the	110354
resolution were it not for the exemption granted by the	110355
resolution.	110356

(E) Any ~~incidental surplus~~unencumbered money remaining in	110357
the township public improvement tax increment equivalent fund or	110358
an account of that fund upon dissolution of the account or fund	110359
shall be transferred to the general fund of the township.	110360

Sec. 5725.18. (A) An annual franchise tax on the privilege	110361
of being an insurance company is hereby levied on each domestic	110362
insurance company. In the month of May, annually, the treasurer of	110363
state shall charge for collection from each domestic insurance	110364
company a franchise tax in the amount computed in accordance with	110365
the following, as applicable:	110366

(1) With respect to a domestic insurance company that is a	110367
health insuring corporation, one per cent of all premium rate	110368
payments received, exclusive of payments received under the	110369
medicare program ~~established under Title XVIII of the "Social~~	110370
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	110371
and exclusive of payments received pursuant to the ~~medical~~	110372
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	110373
~~Revised Code~~ for the period ending September 30, 2009, as	110374
reflected in its annual report for the preceding calendar year;	110375

(2) With respect to a domestic insurance company that is not	110376
a health insuring corporation, one and four-tenths per cent of the	110377
gross amount of premiums received from policies covering risks	110378
within this state, exclusive of premiums received under the	110379
medicare program ~~established under Title XVIII of the "Social~~	110380
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	110381
and exclusive of payments received pursuant to the ~~medical~~	110382
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	110383
~~Revised Code~~ for the period ending September 30, 2009, as	110384
reflected in its annual statement for the preceding calendar year,	110385
and, if the company operates a health insuring corporation as a	110386
line of business, one per cent of all premium rate payments	110387
received from that line of business, exclusive of payments	110388
received under the medicare program ~~established under Title XVIII~~	110389
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	110390
~~301, as amended,~~ and exclusive of payments received pursuant to	110391
the ~~medical assistance~~medicaid program ~~established under Chapter~~	110392
~~5111. of the Revised Code~~ for the period ending September 30,	110393
2009, as reflected in its annual statement for the preceding	110394
calendar year.	110395

Domestic insurance companies, including health insuring	110396
corporations, receiving payments pursuant to the ~~medical~~	110397
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	110398
~~Revised Code~~ during the period beginning October 1, 2009, and	110399
ending December 31, 2009, shall file with the 2009 annual	110400
statement to the superintendent a schedule that reflects those	110401
payments received pursuant to the ~~medical assistance~~medicaid	110402
program for that period. The payments reflected in the schedule,	110403
plus all other taxable premiums, are subject to the annual	110404
franchise tax due to be paid in 2010.	110405

(B) The gross amount of premium rate payments or premiums	110406
used to compute the applicable tax in accordance with division (A)	110407
of this section is subject to the deductions prescribed by section	110408
5729.03 of the Revised Code for foreign insurance companies. The	110409
objects of such tax are those declared in section 5725.24 of the	110410
Revised Code, to which only such tax shall be applied.	110411

(C) In no case shall such tax be less than two hundred fifty	110412
dollars.	110413

Sec. 5725.34. (A) As used in this section, "certificate	110414
owner" has the same meaning as in section 149.311 of the Revised	110415
Code.	110416

(B) There is allowed a credit against the tax imposed by	110417
section 5725.18 of the Revised Code for an insurance company	110418
subject to that tax that is a certificate owner of a	110419
rehabilitation tax credit certificate issued under section 149.311	110420
of the Revised Code. The credit shall equal twenty-five per cent	110421
of the dollar amount indicated on the certificate, but the amount	110422
of the credit allowed for any company for any year shall not	110423
exceed ~~five~~ten million dollars. The credit shall be claimed in	110424
the calendar year specified in the certificate and in the order	110425
required under section 5725.98 of the Revised Code. If the credit	110426
exceeds the amount of tax otherwise due in that year, the excess	110427
shall be refunded to the company but, if any amount of the credit	110428
is refunded, the sum of the amount refunded and the amount applied	110429
to reduce the tax otherwise due in that year shall not exceed	110430
three million dollars. The company may carry forward any balance	110431
of the credit in excess of the amount claimed in that year for not	110432
more than five ensuing years, and shall deduct any amount claimed	110433
in any such year from the amount claimed in an ensuing year.	110434

(C) An insurance company claiming a credit under this section	110435
shall retain the rehabilitation tax credit certificate for four	110436
years following the end of the year in which the credit was	110437
claimed, and shall make the certificate available for inspection	110438
by the tax commissioner upon the request of the tax commissioner	110439
during that period.	110440

Sec. 5726.20. (A) The tax commissioner may make an	110441
assessment, based on any information in the commissioner's	110442
possession, against any person that fails to file a return or	110443
report or pay any tax as required by this chapter. The reporting	110444
person for a taxpayer shall file the annual report required under	110445
section 5726.02 of the Revised Code and remit the tax imposed by	110446
this chapter. Each person included in the annual report of the	110447
taxpayer is jointly and severally liable for the tax imposed by	110448
this chapter and any penalties and interest thereon. If the	110449
reporting person fails, for any reason, to file and remit any tax,	110450
the amount due may be collected by assessment against the	110451
reporting person and against any or all other persons required to	110452
be included in the annual report of the taxpayer ~~in the manner~~	110453
~~provided by this section~~as provided in section 5703.90 of the	110454
Revised Code. The commissioner shall make the assessment in the	110455
manner provided in this section. The commissioner shall give the	110456
person assessed written notice of the assessment as provided in	110457
section 5703.37 of the Revised Code. With the notice, the	110458
commissioner shall provide instructions on the manner in which to	110459
petition for reassessment and request a hearing with respect to	110460
the petition.	110461

(B) No assessment shall be made or issued against a person	110462
under this section more than four years after the later of the	110463
final date the report subject to assessment was required to be	110464
filed or the date such report was filed. Such time limit may be	110465
extended if both the person and the commissioner consent in	110466
writing to the extension or if an agreement waiving or extending	110467
the time limit has been entered into pursuant to section 122.171	110468
of the Revised Code. Any such extension shall extend the four-year	110469
time limit prescribed in division (A) of section 5726.30 of the	110470
Revised Code for the same period of time. There shall be no bar or	110471
limit to an assessment against a person that fails to file a	110472
report subject to assessment as required by this chapter, or that	110473
files a fraudulent report.	110474

(C) Unless the person assessed, within sixty days after	110475
service of the notice of assessment, files with the tax	110476
commissioner, either in person or by certified mail, a written	110477
petition for reassessment signed by the person or the person's	110478
authorized agent having knowledge of the facts, the assessment	110479
shall become final, and the amount of the assessment is due and	110480
payable from the person assessed to the treasurer of state. A	110481
petition shall indicate the objections of the person assessed, but	110482
additional objections may be raised in writing if received by the	110483
commissioner prior to the date shown on the final determination.	110484
If a petition for reassessment has been properly filed, the	110485
commissioner shall proceed under section 5703.60 of the Revised	110486
Code.	110487

(D)(1) After an assessment becomes final, if any portion of	110488
the assessment, including any accrued interest, remains unpaid, a	110489
certified copy of the tax commissioner's entry making the	110490
assessment final may be filed in the office of the clerk of the	110491
court of common pleas in the county in which the person resides or	110492
has its principal place of business in this state, or in the	110493
office of the clerk of court of common pleas of Franklin county.	110494

(2) Immediately upon the filing of the entry, the clerk shall	110495
enter judgment for the state against the person assessed in the	110496
amount shown on the entry. The judgment may be filed by the clerk	110497
in a loose-leaf book entitled, "special judgments for the	110498
financial institution tax" and shall have the same effect as other	110499
judgments. Execution shall issue upon the judgment at the request	110500
of the tax commissioner, and all laws applicable to sales on	110501
execution shall apply to sales made under the judgment.	110502

(3) ~~The portion of~~If the assessment is not paid in its	110503
entirety within sixty days after the day the assessment was	110504
issued, the portion of the assessment consisting of tax due shall	110505
bear interest at the rate per annum prescribed by section 5703.47	110506
of the Revised Code from the date the tax commissioner issues the	110507
assessment until the date the assessment is paid or until it is	110508
certified to the attorney general for collection under section	110509
131.02 of the Revised Code, whichever comes first. If the unpaid	110510
portion of the assessment is certified to the attorney general for	110511
collection, the entire unpaid portion of the assessment shall bear	110512
interest at the rate per annum prescribed by section 5703.47 of	110513
the Revised Code from the date of certification until the date it	110514
is paid in its entirety. Interest shall be paid in the same manner	110515
as the tax and may be collected by the issuance of an assessment	110516
under this section.	110517

(E) If the tax commissioner believes that collection of the	110518
tax imposed by this chapter will be jeopardized unless proceedings	110519
to collect or secure collection of the tax are instituted without	110520
delay, the commissioner may issue a jeopardy assessment against	110521
the person liable for the tax. Immediately upon the issuance of	110522
the jeopardy assessment, the commissioner shall file an entry with	110523
the clerk of the court of common pleas in the manner prescribed by	110524
division (D) of this section. Notice of the jeopardy assessment	110525
shall be served on the person assessed or the person's authorized	110526
agent in the manner provided in section 5703.37 of the Revised	110527
Code within five days of the filing of the entry with the clerk.	110528
The total amount assessed shall be immediately due and payable,	110529
unless the person assessed files a petition for reassessment in	110530
accordance with division (C) of this section and provides security	110531
in a form satisfactory to the commissioner and in an amount	110532
sufficient to satisfy the unpaid balance of the assessment. Full	110533
or partial payment of the assessment shall not prejudice the	110534
commissioner's consideration of the petition for reassessment.	110535

(F) The tax commissioner shall immediately forward to the	110536
treasurer of state all amounts the commissioner receives under	110537
this section. Such amounts shall be considered as revenue arising	110538
from the tax imposed by this chapter.	110539

(G) If the tax commissioner possesses information indicating	110540
that the amount of tax a taxpayer is required to pay under this	110541
chapter exceeds the amount the reporting person for the taxpayer	110542
paid, the tax commissioner may audit a sample of the taxpayer's	110543
gross receipts over a representative period of time to ascertain	110544
the amount of tax due, and may issue an assessment based on the	110545
audit. The tax commissioner shall make a good faith effort to	110546
reach agreement with the taxpayer in selecting a representative	110547
sample. The tax commissioner may apply a sampling method only if	110548
the commissioner has prescribed the method by rule.	110549

(H) If the whereabouts of a person subject to this chapter is	110550
not known to the tax commissioner, the secretary of state is	110551
hereby deemed to be that person's agent for purposes of service of	110552
process or notice of any assessment, action, or proceedings	110553
instituted in this state against the person under this chapter.	110554
Such process or notice shall be served on such person by the	110555
commissioner or by an agent of the commissioner by leaving a true	110556
and attested copy of the process or notice at the office of the	110557
secretary of state at least fifteen days before the return day of	110558
such process or notice, and by sending a copy of the process or	110559
notice to such person by ordinary mail, with an endorsement	110560
thereon of the service upon the secretary of state, addressed to	110561
such person at the person's last known address.	110562

Sec. 5726.52. (A) As used in this section, "certificate	110563
owner" has the same meaning as in section 149.311 of the Revised	110564
Code.	110565

(B) A taxpayer may claim a refundable credit against the tax	110566
imposed by this chapter for each person included in the annual	110567
report of a taxpayer that is a certificate owner of a	110568
rehabilitation tax credit certificate issued under section 149.311	110569
of the Revised Code. The credit shall equal twenty-five per cent	110570
of the dollar amount indicated on each certificate, but shall not	110571
exceed ~~five~~ten million dollars for each certificate.	110572

The credit shall be claimed for the calendar year specified	110573
in the certificate and in the order required under section 5726.98	110574
of the Revised Code. If the credit exceeds the amount of tax	110575
otherwise due in that year, the excess shall be refunded to the	110576
taxpayer, provided that, if any amount of the credit is refunded,	110577
the sum of the amount refunded and the amount applied to reduce	110578
the tax otherwise due in that year shall not exceed three million	110579
dollars. The taxpayer may carry forward any balance of the credit	110580
in excess of the amount claimed in that year for not more than	110581
five ensuing years, and shall deduct any amount claimed in any	110582
such year from the amount claimed in an ensuing year. A taxpayer	110583
may claim against the tax imposed by this chapter any unused	110584
portion of the credit authorized under section 5725.151 of the	110585
Revised Code, but only to the extent of the five-year carry	110586
forward period authorized by that section.	110587

(C) A taxpayer claiming a credit under this section shall	110588
retain the rehabilitation tax credit certificate for four years	110589
following the end of the year to which the credit was applied, and	110590
shall make the certificate available for inspection by the tax	110591
commissioner upon the request of the commissioner during that	110592
period.	110593

Sec. 5727.26. (A) The tax commissioner may make an	110594
assessment, based on any information in the commissioner's	110595
possession, against any natural gas company or combined company	110596
that fails to file a return or pay any tax, interest, or	110597
additional charge as required by sections 5727.24 to 5727.29 of	110598
the Revised Code. The commissioner shall give the company assessed	110599
written notice of the assessment as provided in section 5703.37 of	110600
the Revised Code. With the notice, the commissioner shall provide	110601
instructions on how to petition for reassessment and request a	110602
hearing on the petition. A penalty of up to fifteen per cent may	110603
be added to all amounts assessed under this section. The tax	110604
commissioner may adopt rules providing for the imposition and	110605
remission of the penalty.	110606

(B) Unless the company assessed, within sixty days after	110607
service of the notice of assessment, files with the tax	110608
commissioner, either personally or by certified mail, a written	110609
petition signed by the company's authorized agent having knowledge	110610
of the facts, the assessment becomes final, and the amount of the	110611
assessment is due and payable from the company assessed to the	110612
treasurer of state. The petition shall indicate the objections of	110613
the company assessed, but additional objections may be raised in	110614
writing if received by the commissioner prior to the date shown on	110615
the final determination.	110616

If a petition for reassessment has been properly filed, the	110617
commissioner shall proceed under section 5703.60 of the Revised	110618
Code.	110619

(C) After an assessment becomes final, if any portion of the	110620
assessment, including accrued interest, remains unpaid, a	110621
certified copy of the tax commissioner's entry making the	110622
assessment final may be filed in the office of the clerk of the	110623
court of common pleas in the county in which the natural gas	110624
company's or combined company's principal place of business is	110625
located, or in the office of the clerk of court of common pleas of	110626
Franklin county.	110627

Immediately on the filing of the entry, the clerk shall enter	110628
judgment for the state against the company assessed in the amount	110629
shown on the entry. The judgment may be filed by the clerk in a	110630
loose-leaf book entitled, "special judgments for the public	110631
utility excise tax on natural gas and combined companies," and	110632
shall have the same effect as other judgments. Execution shall	110633
issue upon the judgment at the request of the tax commissioner,	110634
and all laws applicable to sales on execution shall apply to sales	110635
made under the judgment.	110636

~~The portion of~~If the assessment is not paid in its entirety	110637
within sixty days after the day the assessment was issued, the	110638
portion of the assessment consisting of tax due shall bear	110639
interest at the rate per annum prescribed by section 5703.47 of	110640
the Revised Code from the day the tax commissioner issues the	110641
assessment until it is paid or until it is certified to the	110642
attorney general for collection under section 131.02 of the	110643
Revised Code, whichever comes first. If the unpaid portion of the	110644
assessment is certified to the attorney general for collection,	110645
the entire unpaid portion of the assessment shall bear interest at	110646
the rate per annum prescribed by section 5703.47 of the Revised	110647
Code from the date of certification until the date it is paid in	110648
its entirety. Interest shall be paid in the same manner as the tax	110649
and may be collected by the issuance of an assessment under this	110650
section.	110651

(D) If the tax commissioner believes that collection of the	110652
tax will be jeopardized unless proceedings to collect or secure	110653
collection of the tax are instituted without delay, the	110654
commissioner may issue a jeopardy assessment against the company	110655
liable for the tax. Immediately upon the issuance of the jeopardy	110656
assessment, the commissioner shall file an entry with the clerk of	110657
the court of common pleas in the manner prescribed by division (C)	110658
of this section. Notice of the jeopardy assessment shall be served	110659
on the company assessed or the company's authorized agent in the	110660
manner provided in section 5703.37 of the Revised Code within five	110661
days of the filing of the entry with the clerk. The total amount	110662
assessed is immediately due and payable, unless the company	110663
assessed files a petition for reassessment in accordance with	110664
division (B) of this section and provides security in a form	110665
satisfactory to the commissioner and in an amount sufficient to	110666
satisfy the unpaid balance of the assessment. Full or partial	110667
payment of the assessment does not prejudice the commissioner's	110668
consideration of the petition for reassessment.	110669

(E) The tax commissioner shall immediately forward to the	110670
treasurer of state all amounts that the tax commissioner receives	110671
under this section, and such amounts shall be considered revenue	110672
arising from the tax imposed by section 5727.24 of the Revised	110673
Code.	110674

(F) No assessment shall be made or issued against a natural	110675
gas company or combined company for the tax imposed by section	110676
5727.24 of the Revised Code more than four years after the return	110677
date for the period in which the tax was reported, or more than	110678
four years after the return for the period was filed, whichever is	110679
later.	110680

Sec. 5727.75. (A) For purposes of this section:

110681

(1) "Qualified energy project" means an energy project	110682
certified by the director of development services pursuant to this	110683
section.	110684

(2) "Energy project" means a project to provide electric	110685
power through the construction, installation, and use of an energy	110686
facility.	110687

(3) "Alternative energy zone" means a county declared as such	110688
by the board of county commissioners under division (E)(1)(b) or	110689
(c) of this section.	110690

(4) "Full-time equivalent employee" means the total number of	110691
employee-hours for which compensation was paid to individuals	110692
employed at a qualified energy project for services performed at	110693
the project during the calendar year divided by two thousand	110694
eighty hours.	110695

(5) "Solar energy project" means an energy project composed	110696
of an energy facility using solar panels to generate electricity.	110697

(B)(1) Tangible personal property of a qualified energy	110698
project using renewable energy resources is exempt from taxation	110699
for tax years 2011~~, 2012, 2013, and 2014~~through 2019 if all of	110700
the following conditions are satisfied:	110701

(a) On or before December 31, ~~2013~~2018, the owner or a	110702
lessee pursuant to a sale and leaseback transaction of the project	110703
submits an application to the power siting board for a certificate	110704
under section 4906.20 of the Revised Code, or if that section does	110705
not apply, submits an application for any approval, consent,	110706
permit, or certificate or satisfies any condition required by a	110707
public agency or political subdivision of this state for the	110708
construction or initial operation of an energy project.	110709

(b) Construction or installation of the energy facility	110710
begins on or after January 1, 2009, and before January 1, ~~2014~~	110711
2019. For the purposes of this division, construction begins on	110712
the earlier of the date of application for a certificate or other	110713
approval or permit described in division (B)(1)(a) of this	110714
section, or the date the contract for the construction or	110715
installation of the energy facility is entered into.	110716

(c) For a qualified energy project with a nameplate capacity	110717
of five megawatts or greater, a board of county commissioners of a	110718
county in which property of the project is located has adopted a	110719
resolution under division (E)(1)(b) or (c) of this section to	110720
approve the application submitted under division (E) of this	110721
section to exempt the property located in that county from	110722
taxation. A board's adoption of a resolution rejecting an	110723
application or its failure to adopt a resolution approving the	110724
application does not affect the tax-exempt status of the qualified	110725
energy project's property that is located in another county.	110726

(2) If tangible personal property of a qualified energy	110727
project using renewable energy resources was exempt from taxation	110728
under this section beginning in any of tax years 2011, 2012, 2013,	110729
or 2014, 2015, 2016, 2017, 2018, or 2019, and the certification	110730
under division (E)(2) of this section has not been revoked, the	110731
tangible personal property of the qualified energy project is	110732
exempt from taxation for tax year ~~2015~~2020 and all ensuing tax	110733
years if the property was placed into service before January 1,	110734
~~2015~~2020, as certified in the construction progress report	110735
required under division (F)(2) of this section. Tangible personal	110736
property that has not been placed into service before that date is	110737
taxable property subject to taxation. An energy project for which	110738
certification has been revoked is ineligible for further exemption	110739
under this section. Revocation does not affect the tax-exempt	110740
status of the project's tangible personal property for the tax	110741
year in which revocation occurs or any prior tax year.	110742

(C) Tangible personal property of a qualified energy project	110743
using clean coal technology, advanced nuclear technology, or	110744
cogeneration technology is exempt from taxation for the first tax	110745
year that the property would be listed for taxation and all	110746
subsequent years if all of the following circumstances are met:	110747

(1) The property was placed into service before January 1,	110748
~~2019~~2024. Tangible personal property that has not been placed	110749
into service before that date is taxable property subject to	110750
taxation.	110751

(2) For such a qualified energy project with a nameplate	110752
capacity of five megawatts or greater, a board of county	110753
commissioners of a county in which property of the qualified	110754
energy project is located has adopted a resolution under division	110755
(E)(1)(b) or (c) of this section to approve the application	110756
submitted under division (E) of this section to exempt the	110757
property located in that county from taxation. A board's adoption	110758
of a resolution rejecting the application or its failure to adopt	110759
a resolution approving the application does not affect the	110760
tax-exempt status of the qualified energy project's property that	110761
is located in another county.	110762

(3) The certification for the qualified energy project issued	110763
under division (E)(2) of this section has not been revoked. An	110764
energy project for which certification has been revoked is	110765
ineligible for exemption under this section. Revocation does not	110766
affect the tax-exempt status of the project's tangible personal	110767
property for the tax year in which revocation occurs or any prior	110768
tax year.	110769

(D) Except as otherwise provided in this section, real	110770
property of a qualified energy project is exempt from taxation for	110771
any tax year for which the tangible personal property of the	110772
qualified energy project is exempted under this section.	110773

(E)(1)(a) A person may apply to the director of development	110774
services for certification of an energy project as a qualified	110775
energy project on or before the following dates:	110776

(i) December 31, ~~2013~~2018, for an energy project using	110777
renewable energy resources;	110778

(ii) December 31, ~~2015~~2020, for an energy project using	110779
clean coal technology, advanced nuclear technology, or	110780
cogeneration technology.	110781

(b) The director shall forward a copy of each application for	110782
certification of an energy project with a nameplate capacity of	110783
five megawatts or greater to the board of county commissioners of	110784
each county in which the project is located and to each taxing	110785
unit with territory located in each of the affected counties. Any	110786
board that receives from the director a copy of an application	110787
submitted under this division shall adopt a resolution approving	110788
or rejecting the application unless it has adopted a resolution	110789
under division (E)(1)(c) of this section. A resolution adopted	110790
under division (E)(1)(b) or (c) of this section may require an	110791
annual service payment to be made in addition to the service	110792
payment required under division (G) of this section. The sum of	110793
the service payment required in the resolution and the service	110794
payment required under division (G) of this section shall not	110795
exceed nine thousand dollars per megawatt of nameplate capacity	110796
located in the county. The resolution shall specify the time and	110797
manner in which the payments required by the resolution shall be	110798
paid to the county treasurer. The county treasurer shall deposit	110799
the payment to the credit of the county's general fund to be used	110800
for any purpose for which money credited to that fund may be used.	110801

The board shall send copies of the resolution by certified	110802
mail to the owner of the facility and the director within thirty	110803
days after receipt of the application, or a longer period of time	110804
if authorized by the director.	110805

(c) A board of county commissioners may adopt a resolution	110806
declaring the county to be an alternative energy zone and	110807
declaring all applications submitted to the director of	110808
development services under this division after the adoption of the	110809
resolution, and prior to its repeal, to be approved by the board.	110810

All tangible personal property and real property of an energy	110811
project with a nameplate capacity of five megawatts or greater is	110812
taxable if it is located in a county in which the board of county	110813
commissioners adopted a resolution rejecting the application	110814
submitted under this division or failed to adopt a resolution	110815
approving the application under division (E)(1)(b) or (c) of this	110816
section.	110817

(2) The director shall certify an energy project if all of	110818
the following circumstances exist:	110819

(a) The application was timely submitted.

110820

(b) For an energy project with a nameplate capacity of five	110821
megawatts or greater, a board of county commissioners of at least	110822
one county in which the project is located has adopted a	110823
resolution approving the application under division (E)(1)(b) or	110824
(c) of this section.	110825

(c) No portion of the project's facility was used to supply	110826
electricity before December 31, 2009.	110827

(3) The director shall deny a certification application if	110828
the director determines the person has failed to comply with any	110829
requirement under this section. The director may revoke a	110830
certification if the director determines the person, or subsequent	110831
owner or lessee pursuant to a sale and leaseback transaction of	110832
the qualified energy project, has failed to comply with any	110833
requirement under this section. Upon certification or revocation,	110834
the director shall notify the person, owner, or lessee, the tax	110835
commissioner, and the county auditor of a county in which the	110836
project is located of the certification or revocation. Notice	110837
shall be provided in a manner convenient to the director.	110838

(F) The owner or a lessee pursuant to a sale and leaseback	110839
transaction of a qualified energy project shall do each of the	110840
following:	110841

(1) Comply with all applicable regulations;

110842

(2) File with the director of development services a	110843
certified construction progress report before the first day of	110844
March of each year during the energy facility's construction or	110845
installation indicating the percentage of the project completed,	110846
and the project's nameplate capacity, as of the preceding	110847
thirty-first day of December. Unless otherwise instructed by the	110848
director of development services, the owner or lessee of an energy	110849
project shall file a report with the director on or before the	110850
first day of March each year after completion of the energy	110851
facility's construction or installation indicating the project's	110852
nameplate capacity as of the preceding thirty-first day of	110853
December. Not later than sixty days after June 17, 2010, the owner	110854
or lessee of an energy project, the construction of which was	110855
completed before June 17, 2010, shall file a certificate	110856
indicating the project's nameplate capacity.	110857

(3) File with the director of development services, in a	110858
manner prescribed by the director, a report of the total number of	110859
full-time equivalent employees, and the total number of full-time	110860
equivalent employees domiciled in Ohio, who are employed in the	110861
construction or installation of the energy facility;	110862

(4) For energy projects with a nameplate capacity of five	110863
megawatts or greater, repair all roads, bridges, and culverts	110864
affected by construction as reasonably required to restore them to	110865
their preconstruction condition, as determined by the county	110866
engineer in consultation with the local jurisdiction responsible	110867
for the roads, bridges, and culverts. In the event that the county	110868
engineer deems any road, bridge, or culvert to be inadequate to	110869
support the construction or decommissioning of the energy	110870
facility, the road, bridge, or culvert shall be rebuilt or	110871
reinforced to the specifications established by the county	110872
engineer prior to the construction or decommissioning of the	110873
facility. The owner or lessee of the facility shall post a bond in	110874
an amount established by the county engineer and to be held by the	110875
board of county commissioners to ensure funding for repairs of	110876
roads, bridges, and culverts affected during the construction. The	110877
bond shall be released by the board not later than one year after	110878
the date the repairs are completed. The energy facility owner or	110879
lessee pursuant to a sale and leaseback transaction shall post a	110880
bond, as may be required by the Ohio power siting board in the	110881
certificate authorizing commencement of construction issued	110882
pursuant to section 4906.10 of the Revised Code, to ensure funding	110883
for repairs to roads, bridges, and culverts resulting from	110884
decommissioning of the facility. The energy facility owner or	110885
lessee and the county engineer may enter into an agreement	110886
regarding specific transportation plans, reinforcements,	110887
modifications, use and repair of roads, financial security to be	110888
provided, and any other relevant issue.	110889

(5) Provide or facilitate training for fire and emergency	110890
responders for response to emergency situations related to the	110891
energy project and, for energy projects with a nameplate capacity	110892
of five megawatts or greater, at the person's expense, equip the	110893
fire and emergency responders with proper equipment as reasonably	110894
required to enable them to respond to such emergency situations;	110895

(6) Maintain a ratio of Ohio-domiciled full-time equivalent	110896
employees employed in the construction or installation of the	110897
energy project to total full-time equivalent employees employed in	110898
the construction or installation of the energy project of not less	110899
than eighty per cent in the case of a solar energy project, and	110900
not less than fifty per cent in the case of any other energy	110901
project. In the case of an energy project for which certification	110902
from the power siting board is required under section 4906.20 of	110903
the Revised Code, the number of full-time equivalent employees	110904
employed in the construction or installation of the energy project	110905
equals the number actually employed or the number projected to be	110906
employed in the certificate application, if such projection is	110907
required under regulations adopted pursuant to section 4906.03 of	110908
the Revised Code, whichever is greater. For all other energy	110909
projects, the number of full-time equivalent employees employed in	110910
the construction or installation of the energy project equals the	110911
number actually employed or the number projected to be employed by	110912
the director of development services, whichever is greater. To	110913
estimate the number of employees to be employed in the	110914
construction or installation of an energy project, the director	110915
shall use a generally accepted job-estimating model in use for	110916
renewable energy projects, including but not limited to the job	110917
and economic development impact model. The director may adjust an	110918
estimate produced by a model to account for variables not	110919
accounted for by the model.	110920

(7) For energy projects with a nameplate capacity in excess	110921
of two megawatts, establish a relationship with a member of the	110922
university system of Ohio as defined in section 3345.011 of the	110923
Revised Code or with a person offering an apprenticeship program	110924
registered with the employment and training administration within	110925
the United States department of labor or with the apprenticeship	110926
council created by section 4139.02 of the Revised Code, to educate	110927
and train individuals for careers in the wind or solar energy	110928
industry. The relationship may include endowments, cooperative	110929
programs, internships, apprenticeships, research and development	110930
projects, and curriculum development.	110931

(8) Offer to sell power or renewable energy credits from the	110932
energy project to electric distribution utilities or electric	110933
service companies subject to renewable energy resource	110934
requirements under section 4928.64 of the Revised Code that have	110935
issued requests for proposal for such power or renewable energy	110936
credits. If no electric distribution utility or electric service	110937
company issues a request for proposal on or before December 31,	110938
2010, or accepts an offer for power or renewable energy credits	110939
within forty-five days after the offer is submitted, power or	110940
renewable energy credits from the energy project may be sold to	110941
other persons. Division (F)(8) of this section does not apply if:	110942

(a) The owner or lessee is a rural electric company or a	110943
municipal power agency as defined in section 3734.058 of the	110944
Revised Code.	110945

(b) The owner or lessee is a person that, before completion	110946
of the energy project, contracted for the sale of power or	110947
renewable energy credits with a rural electric company or a	110948
municipal power agency.	110949

(c) The owner or lessee contracts for the sale of power or	110950
renewable energy credits from the energy project before June 17,	110951
2010.	110952

(9) Make annual service payments as required by division (G)	110953
of this section and as may be required in a resolution adopted by	110954
a board of county commissioners under division (E) of this	110955
section.	110956

(G) The owner or a lessee pursuant to a sale and leaseback	110957
transaction of a qualified energy project shall make annual	110958
service payments in lieu of taxes to the county treasurer on or	110959
before the final dates for payments of taxes on public utility	110960
personal property on the real and public utility personal property	110961
tax list for each tax year for which property of the energy	110962
project is exempt from taxation under this section. The county	110963
treasurer shall allocate the payment on the basis of the project's	110964
physical location. Upon receipt of a payment, or if timely payment	110965
has not been received, the county treasurer shall certify such	110966
receipt or non-receipt to the director of development services and	110967
tax commissioner in a form determined by the director and	110968
commissioner, respectively. Each payment shall be in the following	110969
amount:	110970

(1) In the case of a solar energy project, seven thousand	110971
dollars per megawatt of nameplate capacity located in the county	110972
as of December 31, 2010, for tax year 2011, as of December 31,	110973
2011, for tax year 2012, as of December 31, 2012, for tax year	110974
2013, as of December 31, 2013, for tax year 2014, ~~and~~ as of	110975
December 31, 2014, for tax year 2015, as of December 31, 2015, for	110976
tax year 2016, as of December 31, 2016, for tax year 2017, as of	110977
December 31, 2017, for tax year 2018, as of December 31, 2018, for	110978
tax year 2019, and as of December 31, 2019, for tax year 2020 and	110979
each tax year thereafter;	110980

(2) In the case of any other energy project using renewable	110981
energy resources, the following:	110982

(a) If the project maintains during the construction or	110983
installation of the energy facility a ratio of Ohio-domiciled	110984
full-time equivalent employees to total full-time equivalent	110985
employees of not less than seventy-five per cent, six thousand	110986
dollars per megawatt of nameplate capacity located in the county	110987
as of the thirty-first day of December of the preceding tax year;	110988

(b) If the project maintains during the construction or	110989
installation of the energy facility a ratio of Ohio-domiciled	110990
full-time equivalent employees to total full-time equivalent	110991
employees of less than seventy-five per cent but not less than	110992
sixty per cent, seven thousand dollars per megawatt of nameplate	110993
capacity located in the county as of the thirty-first day of	110994
December of the preceding tax year;	110995

(c) If the project maintains during the construction or	110996
installation of the energy facility a ratio of Ohio-domiciled	110997
full-time equivalent employees to total full-time equivalent	110998
employees of less than sixty per cent but not less than fifty per	110999
cent, eight thousand dollars per megawatt of nameplate capacity	111000
located in the county as of the thirty-first day of December of	111001
the preceding tax year.	111002

(3) In the case of an energy project using clean coal	111003
technology, advanced nuclear technology, or cogeneration	111004
technology, the following:	111005

(a) If the project maintains during the construction or	111006
installation of the energy facility a ratio of Ohio-domiciled	111007
full-time equivalent employees to total full-time equivalent	111008
employees of not less than seventy-five per cent, six thousand	111009
dollars per megawatt of nameplate capacity located in the county	111010
as of the thirty-first day of December of the preceding tax year;	111011

(b) If the project maintains during the construction or	111012
installation of the energy facility a ratio of Ohio-domiciled	111013
full-time equivalent employees to total full-time equivalent	111014
employees of less than seventy-five per cent but not less than	111015
sixty per cent, seven thousand dollars per megawatt of nameplate	111016
capacity located in the county as of the thirty-first day of	111017
December of the preceding tax year;	111018

(c) If the project maintains during the construction or	111019
installation of the energy facility a ratio of Ohio-domiciled	111020
full-time equivalent employees to total full-time equivalent	111021
employees of less than sixty per cent but not less than fifty per	111022
cent, eight thousand dollars per megawatt of nameplate capacity	111023
located in the county as of the thirty-first day of December of	111024
the preceding tax year.	111025

(H) The director of development services in consultation with	111026
the tax commissioner shall adopt rules pursuant to Chapter 119. of	111027
the Revised Code to implement and enforce this section.	111028

Sec. 5727.84. (A) As used in this section and sections	111029
5727.85, 5727.86, and 5727.87 of the Revised Code:	111030

(1) "School district" means a city, local, or exempted	111031
village school district.	111032

(2) "Joint vocational school district" means a joint	111033
vocational school district created under section 3311.16 of the	111034
Revised Code, and includes a cooperative education school district	111035
created under section 3311.52 or 3311.521 of the Revised Code and	111036
a county school financing district created under section 3311.50	111037
of the Revised Code.	111038

(3) "Local taxing unit" means a subdivision or taxing unit,	111039
as defined in section 5705.01 of the Revised Code, a park district	111040
created under Chapter 1545. of the Revised Code, or a township	111041
park district established under section 511.23 of the Revised	111042
Code, but excludes school districts and joint vocational school	111043
districts.	111044

(4) "State education aid," for a school district, means the	111045
following:	111046

(a) For fiscal years prior to fiscal year 2010, the sum of	111047
state aid amounts computed for the district under former sections	111048
3317.029, 3317.052, and 3317.053 of the Revised Code and the	111049
following provisions, as they existed for the applicable fiscal	111050
year: divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	111051
3317.022; divisions (B), (C), and (D) of section 3317.023;	111052
divisions (G), (L), and (N) of section 3317.024; and sections	111053
~~3317.029,~~ 3317.0216, 3317.0217, 3317.04, and 3317.05~~, 3317.052,~~	111054
~~and 3317.053~~ of the Revised Code; and the adjustments required by:	111055
division (C) of section 3310.08; division (C)(2) of section	111056
3310.41; division (C) of section 3314.08; division (D)(2) of	111057
section 3314.091; division (D) of former section 3314.13;	111058
divisions (E), (K), (L), (M), and (N) of section 3317.023;	111059
division (C) of section 3317.20; and sections 3313.979 and	111060
3313.981 of the Revised Code. However, when calculating state	111061
education aid for a school district for fiscal years 2008 and	111062
2009, include the amount computed for the district under Section	111063
269.20.80 of H.B. 119 of the 127th general assembly, as	111064
subsequently amended, instead of division (D) of section 3317.022	111065
of the Revised Code; and include amounts calculated under Section	111066
269.30.80 of H.B. 119 of the 127th general assembly, as	111067
subsequently amended.	111068

(b) For fiscal years 2010 and 2011, the sum of the amounts	111069
computed for the district under former sections 3306.052, 3306.12,	111070
3306.13, 3306.19, 3306.191, ~~and~~ 3306.192, 3317.052, and 3317.053	111071
of the Revised Code and the following provisions, as they existed	111072
for the applicable fiscal year: division (G) of section 3317.024;	111073
~~sections~~section 3317.05~~, 3317.052, and 3317.053~~ of the Revised	111074
Code; and the adjustments required by division (C) of section	111075
3310.08; division (C)(2) of section 3310.41; division (C) of	111076
section 3314.08; division (D)(2) of section 3314.091; division (D)	111077
of former section 3314.13; divisions (E), (K), (L), (M), and (N)	111078
of section 3317.023; division (C) of section 3317.20; and sections	111079
3313.979, 3313.981, and 3326.33 of the Revised Code.	111080

(c) For fiscal years 2012 and 2013, the amount paid in	111081
accordance with the section of H.B. 153 of the 129th general	111082
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	111083
SCHOOL DISTRICTS" and the adjustments required by division (C) of	111084
section 3310.08; division (C)(2) of section 3310.41; section	111085
3310.55; division (C) of section 3314.08; division (D)(2) of	111086
section 3314.091; division (D) of former section 3314.13;	111087
divisions (B), (H), (I), (J), and (K) of section 3317.023;	111088
division (C) of section 3317.20; and sections 3313.979 and	111089
3313.981 of the Revised Code;	111090

(d) For fiscal year 2014 and each fiscal year thereafter, the	111091
sum of amounts computed for and paid to the district under section	111092
3317.022 of the Revised Code; and the adjustments required by	111093
division (C) of section 3310.08, division (C)(2) of section	111094
3310.41, section 3310.55, division (C) of section 3314.08,	111095
division (D)(2) of section 3314.091, divisions (B), (H), (J), and	111096
(K) of section 3317.023, and sections 3313.978, 3313.981,	111097
3317.0212, 3317.0213, 3317.0214, and 3326.33 of the Revised Code.	111098
However, for fiscal years 2014 and 2015, the amount computed for	111099
the district under the section of this act entitled "TRANSITIONAL	111100
AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" also	111101
shall be included.	111102

(5) "State education aid," for a joint vocational school	111103
district, means the following:	111104

(a) For fiscal years prior to fiscal year 2010, the sum of	111105
the state aid amounts computed for the district under division (N)	111106
of section 3317.024 and section 3317.16 of the Revised Code.	111107
However, when calculating state education aid for a joint	111108
vocational school district for fiscal years 2008 and 2009, include	111109
the amount computed for the district under Section 269.30.90 of	111110
H.B. 119 of the 127th general assembly, as subsequently amended.	111111

(b) For fiscal years 2010 and 2011, the amount computed for	111112
the district in accordance with the section of H.B. 1 of the 128th	111113
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	111114
DISTRICTS"."	111115

(c) For fiscal years 2012 and 2013, the amount paid in	111116
accordance with the section of H.B. 153 of the 129th general	111117
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	111118

(d) For fiscal year 2014 and each fiscal year thereafter, the	111119
amount computed for the district under section 3317.16 of the	111120
Revised Code; except that, for fiscal years 2014 and 2015, the	111121
amount computed for the district under the section of this act	111122
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	111123
shall be included.	111124

(6) "State education aid offset" means the amount determined	111125
for each school district or joint vocational school district under	111126
division (A)(1) of section 5727.85 of the Revised Code.	111127

(7) "Recognized valuation" ~~has the same meaning as in~~means	111128
the amount computed for a school district pursuant to section	111129
~~3317.02~~3317.015 of the Revised Code.	111130

(8) "Electric company tax value loss" means the amount	111131
determined under division (D) of this section.	111132

(9) "Natural gas company tax value loss" means the amount	111133
determined under division (E) of this section.	111134

(10) "Tax value loss" means the sum of the electric company	111135
tax value loss and the natural gas company tax value loss.	111136

(11) "Fixed-rate levy" means any tax levied on property other	111137
than a fixed-sum levy.	111138

(12) "Fixed-rate levy loss" means the amount determined under	111139
division (G) of this section.	111140

(13) "Fixed-sum levy" means a tax levied on property at	111141
whatever rate is required to produce a specified amount of tax	111142
money or levied in excess of the ten-mill limitation to pay debt	111143
charges, and includes school district emergency levies charged and	111144
payable pursuant to section 5705.194 of the Revised Code.	111145

(14) "Fixed-sum levy loss" means the amount determined under	111146
division (H) of this section.	111147

(15) "Consumer price index" means the consumer price index	111148
(all items, all urban consumers) prepared by the bureau of labor	111149
statistics of the United States department of labor.	111150

(16) "Total resources" and "total library resources" have the	111151
same meanings as in section 5751.20 of the Revised Code.	111152

(17) "2011 current expense S.B. 3 allocation" means the sum	111153
of payments received by a school district or joint vocational	111154
school district in fiscal year 2011 for current expense levy	111155
losses pursuant to division (C)(2) of section 5727.85 of the	111156
Revised Code. If a fixed-rate levy eligible for reimbursement is	111157
not charged and payable in any year after tax year 2010, "2011	111158
current expense S.B. 3 allocation" used to compute payments to be	111159
made under division (C)(3) of section 5727.85 of the Revised Code	111160
in the tax years following the last year the levy is charged and	111161
payable shall be reduced to the extent that those payments are	111162
attributable to the fixed-rate levy loss of that levy.	111163

(18) "2010 current expense S.B. 3 allocation" means the sum	111164
of payments received by a municipal corporation in calendar year	111165
2010 for current expense levy losses pursuant to division (A)(1)	111166
of section 5727.86 of the Revised Code, excluding any such	111167
payments received for current expense levy losses attributable to	111168
a tax levied under section 5705.23 of the Revised Code. If a	111169
fixed-rate levy eligible for reimbursement is not charged and	111170
payable in any year after tax year 2010, "2010 current expense	111171
S.B. 3 allocation" used to compute payments to be made under	111172
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	111173
in the tax years following the last year the levy is charged and	111174
payable shall be reduced to the extent that those payments are	111175
attributable to the fixed-rate levy loss of that levy.	111176

(19) "2010 S.B. 3 allocation" means the sum of payments	111177
received by a local taxing unit during calendar year 2010 pursuant	111178
to division (A)(1) of section 5727.86 of the Revised Code,	111179
excluding any such payments received for fixed-rate levy losses	111180
attributable to a tax levied under section 5705.23 of the Revised	111181
Code. If a fixed-rate levy eligible for reimbursement is not	111182
charged and payable in any year after tax year 2010, "2010 S.B. 3	111183
allocation" used to compute payments to be made under division	111184
(A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax	111185
years following the last year the levy is charged and payable	111186
shall be reduced to the extent that those payments are	111187
attributable to the fixed-rate levy loss of that levy.	111188

(20) "Total S.B. 3 allocation" means, in the case of a school	111189
district or joint vocational school district, the sum of the	111190
payments received in fiscal year 2011 pursuant to divisions (C)(2)	111191
and (D) of section 5727.85 of the Revised Code. In the case of a	111192
local taxing unit, "total S.B. 3 allocation" means the sum of	111193
payments received by the unit in calendar year 2010 pursuant to	111194
divisions (A)(1) and (4) of section 5727.86 of the Revised Code,	111195
excluding any such payments received for fixed-rate levy losses	111196
attributable to a tax levied under section 5705.23 of the Revised	111197
Code. If a fixed-rate levy eligible for reimbursement is not	111198
charged and payable in any year after tax year 2010, "total S.B. 3	111199
allocation" used to compute payments to be made under division	111200
(C)(3) of section 5727.85 or division (A)(1)(d) or (e) of section	111201
5727.86 of the Revised Code in the tax years following the last	111202
year the levy is charged and payable shall be reduced to the	111203
extent that those payments are attributable to the fixed-rate levy	111204
loss of that levy as would be computed under division (C)(2) of	111205
section 5727.85 or division (A)(1)(b) of section 5727.86 of the	111206
Revised Code.	111207

(21) "2011 non-current expense S.B. 3 allocation" means the	111208
difference of a school district's or joint vocational school	111209
district's total S.B. 3 allocation minus the sum of the school	111210
district's 2011 current expense S.B. 3 allocation and the portion	111211
of the school district's total S.B. 3 allocation constituting	111212
reimbursement for debt levies pursuant to division (D) of section	111213
5727.85 of the Revised Code.	111214

(22) "2010 non-current expense S.B. 3 allocation" means the	111215
difference of a municipal corporation's total S.B. 3 allocation	111216
minus the sum of its 2010 current expense S.B. 3 allocation and	111217
the portion of its total S.B. 3 allocation constituting	111218
reimbursement for debt levies pursuant to division (A)(4) of	111219
section 5727.86 of the Revised Code.	111220

(23) "S.B. 3 allocation for library purposes" means, in the	111221
case of a county, municipal corporation, school district, or	111222
township public library that receives the proceeds of a tax levied	111223
under section 5705.23 of the Revised Code, the sum of the payments	111224
received by the public library in calendar year 2010 pursuant to	111225
section 5727.86 of the Revised Code for fixed-rate levy losses	111226
attributable to a tax levied under section 5705.23 of the Revised	111227
Code. If a fixed-rate levy authorized under section 5705.23 of the	111228
Revised Code that is eligible for reimbursement is not charged and	111229
payable in any year after tax year 2010, "S.B. 3 allocation for	111230
library purposes" used to compute payments to be made under	111231
division (A)(1)(f) of section 5727.86 of the Revised Code in the	111232
tax years following the last year the levy is charged and payable	111233
shall be reduced to the extent that those payments are	111234
attributable to the fixed-rate levy loss of that levy as would be	111235
computed under division (A)(1)(b) of section 5727.86 of the	111236
Revised Code.	111237

(24) "Threshold per cent" means, in the case of a school	111238
district or joint vocational school district, two per cent for	111239
fiscal year 2012 and four per cent for fiscal years 2013 and	111240
thereafter. In the case of a local taxing unit or public library	111241
that receives the proceeds of a tax levied under section 5705.23	111242
of the Revised Code, "threshold per cent" means two per cent for	111243
calendar year 2011, four per cent for calendar year 2012, and six	111244
per cent for calendar years 2013 and thereafter.	111245

(B) The kilowatt-hour tax receipts fund is hereby created in	111246
the state treasury and shall consist of money arising from the tax	111247
imposed by section 5727.81 of the Revised Code. All money in the	111248
kilowatt-hour tax receipts fund shall be credited as follows:	111249

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	111250
2001-2011	63.0%	25.4%	11.6%	111251
2012 and thereafter	88.0%	9.0%	3.0%	111252

(C) The natural gas tax receipts fund is hereby created in	111253
the state treasury and shall consist of money arising from the tax	111254
imposed by section 5727.811 of the Revised Code. All money in the	111255
fund shall be credited as follows:	111256

(1) For fiscal years before fiscal year 2012:

111257

(a) Sixty-eight and seven-tenths per cent shall be credited	111258
to the school district property tax replacement fund for the	111259
purpose of making the payments described in section 5727.85 of the	111260
Revised Code.	111261

(b) Thirty-one and three-tenths per cent shall be credited to	111262
the local government property tax replacement fund for the purpose	111263
of making the payments described in section 5727.86 of the Revised	111264
Code.	111265

(2) For fiscal years 2012 and thereafter, one hundred per	111266
cent to the general revenue fund.	111267

(D) Not later than January 1, 2002, the tax commissioner	111268
shall determine for each taxing district its electric company tax	111269
value loss, which is the sum of the applicable amounts described	111270
in divisions (D)(1) to (4) of this section:	111271

(1) The difference obtained by subtracting the amount	111272
described in division (D)(1)(b) from the amount described in	111273
division (D)(1)(a) of this section.	111274

(a) The value of electric company and rural electric company	111275
tangible personal property as assessed by the tax commissioner for	111276
tax year 1998 on a preliminary assessment, or an amended	111277
preliminary assessment if issued prior to March 1, 1999, and as	111278
apportioned to the taxing district for tax year 1998;	111279

(b) The value of electric company and rural electric company	111280
tangible personal property as assessed by the tax commissioner for	111281
tax year 1998 had the property been apportioned to the taxing	111282
district for tax year 2001, and assessed at the rates in effect	111283
for tax year 2001.	111284

(2) The difference obtained by subtracting the amount	111285
described in division (D)(2)(b) from the amount described in	111286
division (D)(2)(a) of this section.	111287

(a) The three-year average for tax years 1996, 1997, and 1998	111288
of the assessed value from nuclear fuel materials and assemblies	111289
assessed against a person under Chapter 5711. of the Revised Code	111290
from the leasing of them to an electric company for those	111291
respective tax years, as reflected in the preliminary assessments;	111292

(b) The three-year average assessed value from nuclear fuel	111293
materials and assemblies assessed under division (D)(2)(a) of this	111294
section for tax years 1996, 1997, and 1998, as reflected in the	111295
preliminary assessments, using an assessment rate of twenty-five	111296
per cent.	111297

(3) In the case of a taxing district having a nuclear power	111298
plant within its territory, any amount, resulting in an electric	111299
company tax value loss, obtained by subtracting the amount	111300
described in division (D)(1) of this section from the difference	111301
obtained by subtracting the amount described in division (D)(3)(b)	111302
of this section from the amount described in division (D)(3)(a) of	111303
this section.	111304

(a) The value of electric company tangible personal property	111305
as assessed by the tax commissioner for tax year 2000 on a	111306
preliminary assessment, or an amended preliminary assessment if	111307
issued prior to March 1, 2001, and as apportioned to the taxing	111308
district for tax year 2000;	111309

(b) The value of electric company tangible personal property	111310
as assessed by the tax commissioner for tax year 2001 on a	111311
preliminary assessment, or an amended preliminary assessment if	111312
issued prior to March 1, 2002, and as apportioned to the taxing	111313
district for tax year 2001.	111314

(4) In the case of a taxing district having a nuclear power	111315
plant within its territory, the difference obtained by subtracting	111316
the amount described in division (D)(4)(b) of this section from	111317
the amount described in division (D)(4)(a) of this section,	111318
provided that such difference is greater than ten per cent of the	111319
amount described in division (D)(4)(a) of this section.	111320

(a) The value of electric company tangible personal property	111321
as assessed by the tax commissioner for tax year 2005 on a	111322
preliminary assessment, or an amended preliminary assessment if	111323
issued prior to March 1, 2006, and as apportioned to the taxing	111324
district for tax year 2005;	111325

(b) The value of electric company tangible personal property	111326
as assessed by the tax commissioner for tax year 2006 on a	111327
preliminary assessment, or an amended preliminary assessment if	111328
issued prior to March 1, 2007, and as apportioned to the taxing	111329
district for tax year 2006.	111330

(E) Not later than January 1, 2002, the tax commissioner	111331
shall determine for each taxing district its natural gas company	111332
tax value loss, which is the sum of the amounts described in	111333
divisions (E)(1) and (2) of this section:	111334

(1) The difference obtained by subtracting the amount	111335
described in division (E)(1)(b) from the amount described in	111336
division (E)(1)(a) of this section.	111337

(a) The value of all natural gas company tangible personal	111338
property, other than property described in division (E)(2) of this	111339
section, as assessed by the tax commissioner for tax year 1999 on	111340
a preliminary assessment, or an amended preliminary assessment if	111341
issued prior to March 1, 2000, and apportioned to the taxing	111342
district for tax year 1999;	111343

(b) The value of all natural gas company tangible personal	111344
property, other than property described in division (E)(2) of this	111345
section, as assessed by the tax commissioner for tax year 1999 had	111346
the property been apportioned to the taxing district for tax year	111347
2001, and assessed at the rates in effect for tax year 2001.	111348

(2) The difference in the value of current gas obtained by	111349
subtracting the amount described in division (E)(2)(b) from the	111350
amount described in division (E)(2)(a) of this section.	111351

(a) The three-year average assessed value of current gas as	111352
assessed by the tax commissioner for tax years 1997, 1998, and	111353
1999 on a preliminary assessment, or an amended preliminary	111354
assessment if issued prior to March 1, 2001, and as apportioned in	111355
the taxing district for those respective years;	111356

(b) The three-year average assessed value from current gas	111357
under division (E)(2)(a) of this section for tax years 1997, 1998,	111358
and 1999, as reflected in the preliminary assessment, using an	111359
assessment rate of twenty-five per cent.	111360

(F) The tax commissioner may request that natural gas	111361
companies, electric companies, and rural electric companies file a	111362
report to help determine the tax value loss under divisions (D)	111363
and (E) of this section. The report shall be filed within thirty	111364
days of the commissioner's request. A company that fails to file	111365
the report or does not timely file the report is subject to the	111366
penalty in section 5727.60 of the Revised Code.	111367

(G) Not later than January 1, 2002, the tax commissioner	111368
shall determine for each school district, joint vocational school	111369
district, and local taxing unit its fixed-rate levy loss, which is	111370
the sum of its electric company tax value loss multiplied by the	111371
tax rate in effect in tax year 1998 for fixed-rate levies and its	111372
natural gas company tax value loss multiplied by the tax rate in	111373
effect in tax year 1999 for fixed-rate levies.	111374

(H) Not later than January 1, 2002, the tax commissioner	111375
shall determine for each school district, joint vocational school	111376
district, and local taxing unit its fixed-sum levy loss, which is	111377
the amount obtained by subtracting the amount described in	111378
division (H)(2) of this section from the amount described in	111379
division (H)(1) of this section:	111380

(1) The sum of the electric company tax value loss multiplied	111381
by the tax rate in effect in tax year 1998, and the natural gas	111382
company tax value loss multiplied by the tax rate in effect in tax	111383
year 1999, for fixed-sum levies for all taxing districts within	111384
each school district, joint vocational school district, and local	111385
taxing unit. For the years 2002 through 2006, this computation	111386
shall include school district emergency levies that existed in	111387
1998 in the case of the electric company tax value loss, and 1999	111388
in the case of the natural gas company tax value loss, and all	111389
other fixed-sum levies that existed in 1998 in the case of the	111390
electric company tax value loss and 1999 in the case of the	111391
natural gas company tax value loss and continue to be charged in	111392
the tax year preceding the distribution year. For the years 2007	111393
through 2016 in the case of school district emergency levies, and	111394
for all years after 2006 in the case of all other fixed-sum	111395
levies, this computation shall exclude all fixed-sum levies that	111396
existed in 1998 in the case of the electric company tax value loss	111397
and 1999 in the case of the natural gas company tax value loss,	111398
but are no longer in effect in the tax year preceding the	111399
distribution year. For the purposes of this section, an emergency	111400
levy that existed in 1998 in the case of the electric company tax	111401
value loss, and 1999 in the case of the natural gas company tax	111402
value loss, continues to exist in a year beginning on or after	111403
January 1, 2007, but before January 1, 2017, if, in that year, the	111404
board of education levies a school district emergency levy for an	111405
annual sum at least equal to the annual sum levied by the board in	111406
tax year 1998 or 1999, respectively, less the amount of the	111407
payment certified under this division for 2002.	111408

(2) The total taxable value in tax year 1999 less the tax	111409
value loss in each school district, joint vocational school	111410
district, and local taxing unit multiplied by one-fourth of one	111411
mill.	111412

If the amount computed under division (H) of this section for	111413
any school district, joint vocational school district, or local	111414
taxing unit is greater than zero, that amount shall equal the	111415
fixed-sum levy loss reimbursed pursuant to division (F) of section	111416
5727.85 of the Revised Code or division (A)(2) of section 5727.86	111417
of the Revised Code, and the one-fourth of one mill that is	111418
subtracted under division (H)(2) of this section shall be	111419
apportioned among all contributing fixed-sum levies in the	111420
proportion of each levy to the sum of all fixed-sum levies within	111421
each school district, joint vocational school district, or local	111422
taxing unit.	111423

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	111424
section, in computing the tax value loss, fixed-rate levy loss,	111425
and fixed-sum levy loss, the tax commissioner shall use the	111426
greater of the 1998 tax rate or the 1999 tax rate in the case of	111427
levy losses associated with the electric company tax value loss,	111428
but the 1999 tax rate shall not include for this purpose any tax	111429
levy approved by the voters after June 30, 1999, and the tax	111430
commissioner shall use the greater of the 1999 or the 2000 tax	111431
rate in the case of levy losses associated with the natural gas	111432
company tax value loss.	111433

(J) Not later than January 1, 2002, the tax commissioner	111434
shall certify to the department of education the tax value loss	111435
determined under divisions (D) and (E) of this section for each	111436
taxing district, the fixed-rate levy loss calculated under	111437
division (G) of this section, and the fixed-sum levy loss	111438
calculated under division (H) of this section. The calculations	111439
under divisions (G) and (H) of this section shall separately	111440
display the levy loss for each levy eligible for reimbursement.	111441

(K) Not later than September 1, 2001, the tax commissioner	111442
shall certify the amount of the fixed-sum levy loss to the county	111443
auditor of each county in which a school district with a fixed-sum	111444
levy loss has territory.	111445

Sec. 5727.89. (A) The tax commissioner may make an	111446
assessment, based on any information in the commissioner's	111447
possession, against any natural gas distribution company, electric	111448
distribution company, self-assessing purchaser, or qualified end	111449
user that fails to file a return or pay any tax, interest, or	111450
additional charge as required by sections 5727.80 to 5727.95 of	111451
the Revised Code.	111452

When information in the possession of the tax commissioner	111453
indicates that a person liable for the tax imposed by section	111454
5727.81 or 5727.811 of the Revised Code has not paid the full	111455
amount of tax due, the commissioner may audit a representative	111456
sample of the person's business and may issue an assessment based	111457
on the audit. The commissioner shall give the person assessed	111458
written notice of the assessment in the manner provided in section	111459
5703.37 of the Revised Code. With the notice, the commissioner	111460
shall provide instructions on how to petition for reassessment and	111461
request a hearing on the petition.	111462

The tax commissioner may issue an assessment for which the	111463
tax imposed by section 5727.81 or 5727.811 of the Revised Code was	111464
due and unpaid on the date the person was informed by an agent of	111465
the tax commissioner of an investigation or audit of the person.	111466
Any payment of the tax for the period covered by the assessment,	111467
after the person is so informed, shall be credited against the	111468
assessment.	111469

A penalty of up to fifteen per cent may be added to all	111470
amounts assessed under this section. The commissioner may adopt	111471
rules providing for the imposition and remission of penalties.	111472

(B) Unless the party assessed files with the tax commissioner	111473
within sixty days after service of the notice of assessment,	111474
either personally or by certified mail, a written petition for	111475
reassessment signed by the party assessed or that party's	111476
authorized agent having knowledge of the facts, the assessment	111477
becomes final and the amount of the assessment is due and payable	111478
from the party assessed to the treasurer of state. The petition	111479
shall indicate the objections of the party assessed, but	111480
additional objections may be raised in writing if received by the	111481
commissioner prior to the date shown on the final determination.	111482
If the petition has been properly filed, the commissioner shall	111483
proceed under section 5703.60 of the Revised Code.	111484

(C) After an assessment becomes final, if any portion of the	111485
assessment, including accrued interest, remains unpaid, a	111486
certified copy of the tax commissioner's entry making the	111487
assessment final may be filed in the office of the clerk of the	111488
court of common pleas in the county in which the party assessed	111489
resides or in which the party's business is conducted. If the	111490
party assessed maintains no place of business in this state and is	111491
not a resident of this state, the certified copy of the entry may	111492
be filed in the office of the clerk of the court of common pleas	111493
of Franklin county.	111494

Immediately upon the filing of the entry, the clerk shall	111495
enter a judgment for the state against the person assessed in the	111496
amount shown on the entry. The judgment may be filed by the clerk	111497
in a loose-leaf book entitled "special judgments for the	111498
distribution excise taxes," and shall have the same effect as	111499
other judgments. Execution shall issue upon the judgment at the	111500
request of the tax commissioner, and all laws applicable to sales	111501
on execution shall apply to sales made under the judgment.	111502

~~The portion of~~If the assessment is not paid in its entirety	111503
within sixty days after the day the assessment was issued, the	111504
portion of the assessment consisting of tax due shall bear	111505
interest at the rate per annum prescribed by section 5703.47 of	111506
the Revised Code from the day the tax commissioner issues the	111507
assessment until the day the assessment is paid or until it is	111508
certified to the attorney general for collection under section	111509
131.02 of the Revised Code, whichever comes first. If the unpaid	111510
portion of the assessment is certified to the attorney general for	111511
collection, the entire unpaid portion of the assessment shall bear	111512
interest at the rate per annum prescribed by section 5703.47 of	111513
the Revised Code from the date of certification until the date it	111514
is paid in its entirety. Interest shall be paid in the same manner	111515
as the tax and may be collected by the issuance of an assessment	111516
under this section.	111517

(D) If the tax commissioner believes that collection of the	111518
tax imposed by section 5727.81 or 5727.811 of the Revised Code	111519
will be jeopardized unless proceedings to collect or secure	111520
collection of the tax are instituted without delay, the	111521
commissioner may issue a jeopardy assessment against the person	111522
liable for the tax. Immediately upon the issuance of the jeopardy	111523
assessment, the commissioner shall file an entry with the clerk of	111524
the court of common pleas in the manner prescribed by division (C)	111525
of this section. Notice of the jeopardy assessment shall be served	111526
on the party assessed or the party's legal representative within	111527
five days of the filing of the entry with the clerk. The total	111528
amount assessed is immediately due and payable, unless the party	111529
assessed files a petition for reassessment in accordance with	111530
division (B) of this section and provides security in a form	111531
satisfactory to the commissioner and in an amount sufficient to	111532
satisfy the unpaid balance of the assessment. Full or partial	111533
payment of the assessment does not prejudice the commissioner's	111534
consideration of the petition for reassessment.	111535

(E) All money collected by the tax commissioner under this	111536
section shall be paid to the treasurer of state, and when paid	111537
shall be considered as revenue arising from the taxes imposed by	111538
sections 5727.81 and 5727.811 of the Revised Code.	111539

Sec. 5728.10. (A) If any person required to file a fuel use	111540
tax return by sections 5728.01 to 5728.14 of the Revised Code,	111541
fails to file the return within the time prescribed by those	111542
sections, files an incomplete return, files an incorrect return,	111543
or fails to remit the full amount of the tax due for the period	111544
covered by the return, the tax commissioner may make an assessment	111545
against the person, based upon any information in the	111546
commissioner's possession, for the period for which the tax was	111547
due.	111548

No assessment shall be made against any person for any tax	111549
imposed by this chapter more than four years after the return date	111550
for the period for which the tax was due or more than four years	111551
after the return for the period was filed, whichever is later.	111552
This section does not bar an assessment against any person who	111553
fails to file a fuel use tax return as required by this chapter,	111554
or who files a fraudulent fuel use tax return.	111555

A penalty of up to fifteen per cent may be added to the	111556
amount of every assessment made pursuant to this section. The	111557
commissioner may adopt rules providing for the imposition and	111558
remission of penalties added to assessments made under this	111559
section.	111560

The commissioner shall give the party assessed written notice	111561
of the assessment in the manner provided in section 5703.37 of the	111562
Revised Code. With the notice, the commissioner shall provide	111563
instructions on how to petition for reassessment and request a	111564
hearing on the petition.	111565

(B) Unless the party assessed files with the tax commissioner	111566
within sixty days after service of the notice of assessment,	111567
either personally or by certified mail, a written petition for	111568
reassessment, signed by the party assessed, or by the party's	111569
authorized agent having knowledge of the facts, the assessment	111570
becomes final and the amount of the assessment is due and payable	111571
from the party assessed to the treasurer of state. The petition	111572
shall indicate the objections of the party assessed, but	111573
additional objections may be raised in writing if received by the	111574
commissioner prior to the date shown on the final determination.	111575
If the petition has been properly filed, the commissioner shall	111576
proceed under section 5703.60 of the Revised Code.	111577

(C) After an assessment becomes final, if any portion of the	111578
assessment remains unpaid, including accrued interest, a certified	111579
copy of the tax commissioner's entry making the assessment final	111580
may be filed in the office of the clerk of the court of common	111581
pleas in the county in which the party's place of business is	111582
located or the county in which the party assessed resides. If the	111583
party maintains no office in this state and is not a resident of	111584
this state, the certified copy of the entry may be filed in the	111585
office of the clerk of the court of common pleas of Franklin	111586
county.	111587

Immediately upon the filing of the entry, the clerk shall	111588
enter a judgment for the state of Ohio against the party assessed	111589
in the amount shown on the entry. The judgment may be filed by the	111590
clerk in a loose-leaf book entitled "special judgments for state	111591
fuel use tax," and shall have the same effect as other judgments.	111592
Execution shall issue upon the judgment upon the request of the	111593
commissioner, and all laws applicable to sales on execution shall	111594
apply to sales made under the judgment.	111595

~~The portion of~~If the assessment is not paid within sixty	111596
days after the day the assessment was issued, the portion of the	111597
assessment consisting of tax due shall bear interest at the rate	111598
per annum prescribed by section 5703.47 of the Revised Code from	111599
the day the commissioner issues the assessment until it is paid or	111600
until it is certified to the attorney general for collection under	111601
section 131.02 of the Revised Code, whichever comes first. If the	111602
unpaid portion of the assessment is certified to the attorney	111603
general for collection, the entire unpaid portion of the	111604
assessment shall bear interest at the rate per annum prescribed by	111605
section 5703.47 of the Revised Code from the date of certification	111606
until the date it is paid in its entirety. Interest shall be paid	111607
in the same manner as the tax and may be collected by the issuance	111608
of an assessment under this section.	111609

(D) All money collected by the tax commissioner under this	111610
section shall be paid into the state treasury in the same manner	111611
as the revenues deriving from the taxes imposed by section 5728.06	111612
of the Revised Code.	111613

Sec. 5729.03. (A) If the superintendent of insurance finds	111614
the annual statement required by section 5729.02 of the Revised	111615
Code to be correct, the superintendent shall compute the following	111616
amount, as applicable, of the balance of such gross amount, after	111617
deducting such return premiums and considerations received for	111618
reinsurance, and charge such amount to such company as a tax upon	111619
the business done by it in this state for the period covered by	111620
such annual statement:	111621

(1) If the company is a health insuring corporation, one per	111622
cent of the balance of premium rate payments received, exclusive	111623
of payments received under the medicare program ~~established under~~	111624
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	111625
~~U.S.C.A. 301, as amended,~~ and exclusive of payments received	111626
pursuant to the ~~medical assistance~~medicaid program ~~established~~	111627
~~under Chapter 5111. of the Revised Code~~ for the period ending	111628
September 30, 2009, as reflected in its annual report;	111629

(2) If the company is not a health insuring corporation, one	111630
and four-tenths per cent of the balance of premiums received,	111631
exclusive of premiums received under the medicare program	111632
~~established under Title XVIII of the "Social Security Act," 49~~	111633
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	111634
payments received pursuant to the ~~medical assistance~~medicaid	111635
program ~~established under Chapter 5111. of the Revised Code~~ for	111636
the period ending September 30, 2009, as reflected in its annual	111637
statement, and, if the company operates a health insuring	111638
corporation as a line of business, one per cent of the balance of	111639
premium rate payments received from that line of business,	111640
exclusive of payments received under the medicare program	111641
~~established under Title XVIII of the "Social Security Act," 49~~	111642
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	111643
payments received pursuant to the ~~medical assistance~~medicaid	111644
program ~~established under Chapter 5111. of the Revised Code~~ for	111645
the period ending September 30, 2009, as reflected in its annual	111646
statement.	111647

Each foreign insurance company, including health insuring	111648
corporations, receiving payments pursuant to the ~~medical~~	111649
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	111650
~~Revised Code~~ during the period beginning October 1, 2009, and	111651
ending December 31, 2009, shall file with the 2009 annual	111652
statement to the superintendent a schedule that reflects those	111653
payments received pursuant to the ~~medical assistance~~medicaid	111654
program for that period. The payments reflected in the schedule,	111655
plus all other taxable premiums, are subject to the annual	111656
franchise tax due to be paid in 2010.	111657

(B) Any insurance policies that were not issued in violation	111658
of Title XXXIX of the Revised Code and that were issued prior to	111659
April 15, 1967, by a life insurance company organized and operated	111660
without profit to any private shareholder or individual,	111661
exclusively for the purpose of aiding educational or scientific	111662
institutions organized and operated without profit to any private	111663
shareholder or individual, are not subject to the tax imposed by	111664
this section. All taxes collected pursuant to this section shall	111665
be credited to the general revenue fund.	111666

(C) In no case shall the tax imposed under this section be	111667
less than two hundred fifty dollars.	111668

Sec. 5729.17. (A) As used in this section, "certificate	111669
owner" has the same meaning as in section 149.311 of the Revised	111670
Code.	111671

(B) There is allowed a credit against the tax imposed by	111672
section 5729.03 of the Revised Code for an insurance company	111673
subject to that tax that is a certificate owner of a	111674
rehabilitation tax credit certificate issued under section 149.311	111675
of the Revised Code. The credit shall equal twenty-five per cent	111676
of the dollar amount indicated on the certificate, but the amount	111677
of the credit allowed for any company for any year shall not	111678
exceed ~~five~~ten million dollars. The credit shall be claimed in	111679
the calendar year specified in the certificate and in the order	111680
required under section 5729.98 of the Revised Code. If the credit	111681
exceeds the amount of tax otherwise due in that year, the excess	111682
shall be refunded to the company but, if any amount of the credit	111683
is refunded, the sum of the amount refunded and the amount applied	111684
to reduce the tax otherwise due in that year shall not exceed	111685
three million dollars. The company may carry forward any balance	111686
of the credit in excess of the amount claimed in that year for not	111687
more than five ensuing years, and shall deduct any amount claimed	111688
in any such year from the amount claimed in an ensuing year.	111689

(C) An insurance company claiming a credit under this section	111690
shall retain the rehabilitation tax credit certificate for four	111691
years following the end of the year in which the credit was	111692
claimed, and shall make the certificate available for inspection	111693
by the tax commissioner upon the request of the tax commissioner	111694
during that period.	111695

Sec. 5731.39. This section does not apply to, and the	111696
written permission of the tax commissioner is not required for	111697
asset transfers with respect to, decedents dying on or after	111698
January 1, 2013.	111699

(A) No corporation organized or existing under the laws of	111700
this state shall transfer on its books or issue a new certificate	111701
for any share of its capital stock registered in the name of a	111702
decedent, or in trust for a decedent, or in the name of a decedent	111703
and another person or persons, without the written consent of the	111704
tax commissioner.	111705

(B) No safe deposit company, trust company, financial	111706
institution as defined in division (A) of section 5725.01 of the	111707
Revised Code, or other corporation or person, having in	111708
possession, control, or custody a deposit standing in the name of	111709
a decedent, or in trust for a decedent, or in the name of a	111710
decedent and another person or persons, shall deliver or transfer	111711
an amount in excess of three-fourths of the total value of such	111712
deposit, including accrued interest and dividends, as of the date	111713
of decedent's death, without the written consent of the tax	111714
commissioner. The written consent of the tax commissioner need not	111715
be obtained prior to the delivery or transfer of amounts having a	111716
value of three-fourths or less of said total value.	111717

(C) No life insurance company shall pay the proceeds of an	111718
annuity or matured endowment contract, or of a life insurance	111719
contract payable to the estate of a decedent, or of any other	111720
insurance contract taxable under Chapter 5731. of the Revised	111721
Code, without the written consent of the tax commissioner. Any	111722
life insurance company may pay the proceeds of any insurance	111723
contract not specified in this division (C) without the written	111724
consent of the tax commissioner.	111725

(D) No trust company or other corporation or person shall pay	111726
the proceeds of any death benefit, retirement, pension, or	111727
profit-sharing plan in excess of two thousand dollars, without the	111728
written consent of the tax commissioner. Such trust company or	111729
other corporation or person, however, may pay the proceeds of any	111730
death benefit, retirement, pension, or profit-sharing plan which	111731
consists of insurance on the life of the decedent payable to a	111732
beneficiary other than the estate of the insured without the	111733
written consent of the tax commissioner.	111734

(E) No safe deposit company, trust company, financial	111735
institution as defined in division (A) of section 5725.01 of the	111736
Revised Code, or other corporation or person, having in	111737
possession, control, or custody securities, assets, or other	111738
property (including the shares of the capital stock of, or other	111739
interest in, such safe deposit company, trust company, financial	111740
institution as defined in division (A) of section 5725.01 of the	111741
Revised Code, or other corporation), standing in the name of a	111742
decedent, or in trust for a decedent, or in the name of a decedent	111743
and another person or persons, and the transfer of which is	111744
taxable under Chapter 5731. of the Revised Code, shall deliver or	111745
transfer any such securities, assets, or other property which have	111746
a value as of the date of decedent's death in excess of	111747
three-fourths of the total value thereof, without the written	111748
consent of the tax commissioner. The written consent of the tax	111749
commissioner need not be obtained prior to the delivery or	111750
transfer of any such securities, assets, or other property having	111751
a value of three-fourths or less of said total value.	111752

(F) No safe deposit company, financial institution as defined	111753
in division (A) of section 5725.01 of the Revised Code, or other	111754
corporation or person having possession or control of a safe	111755
deposit box or similar receptacle standing in the name of a	111756
decedent or in the name of the decedent and another person or	111757
persons, or to which the decedent had a right of access, except	111758
when such safe deposit box or other receptacle stands in the name	111759
of a corporation or partnership, or in the name of the decedent as	111760
guardian or executor, shall deliver any of the contents thereof	111761
unless the safe deposit box or similar receptacle has been opened	111762
and inventoried in the presence of the tax commissioner or the	111763
commissioner's agent, and a written consent to transfer issued;	111764
provided, however, that a safe deposit company, financial	111765
institution, or other corporation or person having possession or	111766
control of a safe deposit box may deliver wills, deeds to burial	111767
lots, and insurance policies to a representative of the decedent,	111768
but that a representative of the safe deposit company, financial	111769
institution, or other corporation or person must supervise the	111770
opening of the box and make a written record of the wills, deeds,	111771
and policies removed. Such written record shall be included in the	111772
tax commissioner's inventory records.	111773

(G) Notwithstanding any provision of this section:

111774

(1) The tax commissioner may authorize any delivery or	111775
transfer or waive any of the foregoing requirements under such	111776
terms and conditions as the commissioner may prescribe;	111777

(2) A home, as defined in section 3721.10 of the Revised	111778
Code, or a residential facility licensed under section ~~5119.22~~	111779
5119.34 of the Revised Code that provides accommodations,	111780
supervision, and personal care services for three to sixteen	111781
unrelated adults, may transfer or use the money in a personal	111782
needs allowance account in accordance with section ~~5111.113~~	111783
5162.22 of the Revised Code without the written consent of the tax	111784
commissioner, and without the account having been opened and	111785
inventoried in the presence of the commissioner or the	111786
commissioner's agent.	111787

Failure to comply with this section shall render such safe	111788
deposit company, trust company, life insurance company, financial	111789
institution as defined in division (A) of section 5725.01 of the	111790
Revised Code, or other corporation or person liable for the amount	111791
of the taxes and interest due under the provisions of Chapter	111792
5731. of the Revised Code on the transfer of such stock, deposit,	111793
proceeds of an annuity or matured endowment contract or of a life	111794
insurance contract payable to the estate of a decedent, or other	111795
insurance contract taxable under Chapter 5731. of the Revised	111796
Code, proceeds of any death benefit, retirement, pension, or	111797
profit-sharing plan in excess of two thousand dollars, or	111798
securities, assets, or other property of any resident decedent,	111799
and in addition thereto, to a penalty of not less than five	111800
hundred or more than five thousand dollars.	111801

Sec. 5733.01. (A) The tax provided by this chapter for	111802
domestic corporations shall be the amount charged against each	111803
corporation organized for profit under the laws of this state and	111804
each nonprofit corporation organized pursuant to Chapter 1729. of	111805
the Revised Code, except as provided in sections 5733.09 and	111806
5733.10 of the Revised Code, for the privilege of exercising its	111807
franchise during the calendar year in which that amount is	111808
payable, and the tax provided by this chapter for foreign	111809
corporations shall be the amount charged against each corporation	111810
organized for profit and each nonprofit corporation organized or	111811
operating in the same or similar manner as nonprofit corporations	111812
organized under Chapter 1729. of the Revised Code, under the laws	111813
of any state or country other than this state, except as provided	111814
in sections 5733.09 and 5733.10 of the Revised Code, for the	111815
privilege of doing business in this state, owning or using a part	111816
or all of its capital or property in this state, holding a	111817
certificate of compliance with the laws of this state authorizing	111818
it to do business in this state, or otherwise having nexus in or	111819
with this state under the Constitution of the United States,	111820
during the calendar year in which that amount is payable.	111821

(B) A corporation is subject to the tax imposed by section	111822
5733.06 of the Revised Code for each calendar year prior to 2014	111823
that it is so organized, doing business, owning or using a part or	111824
all of its capital or property, holding a certificate of	111825
compliance, or otherwise having nexus in or with this state under	111826
the Constitution of the United States, on the first day of January	111827
of that calendar year. No credit authorized by this chapter may be	111828
claimed for tax year 2014 or any tax year thereafter.	111829

(C) Any corporation subject to this chapter that is not	111830
subject to the federal income tax shall file its returns and	111831
compute its tax liability as required by this chapter in the same	111832
manner as if that corporation were subject to the federal income	111833
tax.	111834

(D) For purposes of this chapter, a federally chartered	111835
financial institution shall be deemed to be organized under the	111836
laws of the state within which its principal office is located.	111837

(E) For purposes of this chapter, any person, as defined in	111838
section 5701.01 of the Revised Code, shall be treated as a	111839
corporation if the person is classified for federal income tax	111840
purposes as an association taxable as a corporation, and an equity	111841
interest in the person shall be treated as capital stock of the	111842
person.	111843

(F) For the purposes of this chapter, "disregarded entity"	111844
has the same meaning as in division (D) of section 5745.01 of the	111845
Revised Code.	111846

(1) A person's interest in a disregarded entity, whether held	111847
directly or indirectly, shall be treated as the person's ownership	111848
of the assets and liabilities of the disregarded entity, and the	111849
income, including gain or loss, shall be included in the person's	111850
net income under this chapter.	111851

(2) Any sale, exchange, or other disposition of the person's	111852
interest in the disregarded entity, whether held directly or	111853
indirectly, shall be treated as a sale, exchange, or other	111854
disposition of the person's share of the disregarded entity's	111855
underlying assets or liabilities, and the gain or loss from such	111856
sale, exchange, or disposition shall be included in the person's	111857
net income under this chapter.	111858

(3) The disregarded entity's payroll, property, and sales	111859
factors shall be included in the person's factors.	111860

(G) The tax a corporation is required to pay under this	111861
chapter shall be as follows:	111862

(1)(a) For financial institutions, the greater of the minimum	111863
payment required under division (E) of section 5733.06 of the	111864
Revised Code or the difference between all taxes charged the	111865
financial institution under this chapter, without regard to	111866
division (G)(2) of this section, less any credits allowable	111867
against such tax.	111868

(b) A corporation satisfying the description in division	111869
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	111870
Code, as that section existed before its amendment by H.B. 510 of	111871
the 129th general assembly, that is not a financial institution,	111872
insurance company, or dealer in intangibles is subject to the	111873
taxes imposed under this chapter as a corporation and not subject	111874
to tax as a financial institution, and shall pay the greater of	111875
the minimum payment required under division (E) of section 5733.06	111876
of the Revised Code or the difference between all the taxes	111877
charged under this chapter, without regard to division (G)(2) of	111878
this section, less any credits allowable against such tax.	111879

(2) For all corporations other than those persons described	111880
in division (G)(1)(a) or (b) of this section, the amount under	111881
division (G)(2)(a) of this section applicable to the tax year	111882
specified less the amount under division (G)(2)(b) of this	111883
section:	111884

(a)(i) For tax year 2005, the greater of the minimum payment	111885
required under division (E) of section 5733.06 of the Revised Code	111886
or the difference between all taxes charged the corporation under	111887
this chapter and any credits allowable against such tax;	111888

(ii) For tax year 2006, the greater of the minimum payment	111889
required under division (E) of section 5733.06 of the Revised Code	111890
or four-fifths of the difference between all taxes charged the	111891
corporation under this chapter and any credits allowable against	111892
such tax, except the qualifying pass-through entity tax credit	111893
described in division (A)(30) and the refundable credits described	111894
in divisions (A)(31) to (35) of section 5733.98 of the Revised	111895
Code;	111896

(iii) For tax year 2007, the greater of the minimum payment	111897
required under division (E) of section 5733.06 of the Revised Code	111898
or three-fifths of the difference between all taxes charged the	111899
corporation under this chapter and any credits allowable against	111900
such tax, except the qualifying pass-through entity tax credit	111901
described in division (A)(30) and the refundable credits described	111902
in divisions (A)(31) to (35) of section 5733.98 of the Revised	111903
Code;	111904

(iv) For tax year 2008, the greater of the minimum payment	111905
required under division (E) of section 5733.06 of the Revised Code	111906
or two-fifths of the difference between all taxes charged the	111907
corporation under this chapter and any credits allowable against	111908
such tax, except the qualifying pass-through entity tax credit	111909
described in division (A)(30) and the refundable credits described	111910
in divisions (A)(31) to (35) of section 5733.98 of the Revised	111911
Code;	111912

(v) For tax year 2009, the greater of the minimum payment	111913
required under division (E) of section 5733.06 of the Revised Code	111914
or one-fifth of the difference between all taxes charged the	111915
corporation under this chapter and any credits allowable against	111916
such tax, except the qualifying pass-through entity tax credit	111917
described in division (A)(30) and the refundable credits described	111918
in divisions (A)(31), (32), (33), and (34) of section 5733.98 of	111919
the Revised Code;	111920

(vi) For tax year 2010 and each tax year thereafter, no tax.

111921

(b) A corporation shall subtract from the amount calculated	111922
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	111923
any qualifying pass-through entity tax credit described in	111924
division (A)(30) and any refundable credits described in divisions	111925
(A)(31) to (35) of section 5733.98 of the Revised Code to which	111926
the corporation is entitled. Any unused qualifying pass-through	111927
entity tax credit is not refundable.	111928

(c) For the purposes of computing the amount of a credit that	111929
may be carried forward to a subsequent tax year under division	111930
(G)(2) of this section, a credit is utilized against the tax for a	111931
tax year to the extent the credit applies against the tax for that	111932
tax year, even if the difference is then multiplied by the	111933
applicable fraction under division (G)(2)(a) of this section.	111934

(d) References in division (G)(2) of this section to section	111935
5733.98 of the Revised Code is to that section before its	111936
amendment by H.B. 59 of the 130th general assembly.	111937

(3) Nothing in division (G) of this section eliminates or	111938
reduces the tax imposed by section 5733.41 of the Revised Code on	111939
a qualifying pass-through entity.	111940

Sec. 5733.06. For tax years prior to tax year 2014, the tax	111941
hereby charged each corporation subject to this chapter shall be	111942
the greater of the sum of divisions (A) and (B) of this section,	111943
after the reduction, if any, provided by division (J) of this	111944
section, or division (C) of this section, after the reduction, if	111945
any, provided by division (J) of this section, except that the tax	111946
hereby charged each financial institution subject to this chapter	111947
shall be the amount computed under division (D) of this section:	111948

(A) Except as set forth in division (F) of this section, five	111949
and one-tenth per cent upon the first fifty thousand dollars of	111950
the value of the taxpayer's issued and outstanding shares of stock	111951
as determined under division (B) of section 5733.05 of the Revised	111952
Code;	111953

(B) Except as set forth in division (F) of this section,	111954
eight and one-half per cent upon the value so determined in excess	111955
of fifty thousand dollars; or	111956

(C)(1) Except as otherwise provided under division (G) of	111957
this section, four mills times that portion of the value of the	111958
issued and outstanding shares of stock as determined under	111959
division (C) of section 5733.05 of the Revised Code. For the	111960
purposes of division (C) of this section, division (C)(2) of	111961
section 5733.065, and division (C) of section 5733.066 of the	111962
Revised Code, the value of the issued and outstanding shares of	111963
stock of an eligible corporation for tax year 2003 through tax	111964
year 2007, or of a qualifying holding company, is zero.	111965

(2) As used in division (C) of this section, "eligible	111966
corporation" means a person treated as a corporation for federal	111967
income tax purposes that meets all of the following criteria:	111968

(a) The corporation conducts business for an entire taxable	111969
year as a qualified trade or business as defined by division (C)	111970
of section 122.15 of the Revised Code, as that section existed	111971
before its repeal by H.B. 59 of the 130th general assembly.	111972

(b) The corporation uses more than fifty per cent of the	111973
corporation's assets, based on net book value, that are located in	111974
Ohio solely to conduct activities that constitute a qualified	111975
trade or business as defined by section 122.15 of the Revised	111976
Code, as that section existed before its repeal by H.B. 59 of the	111977
130th general assembly.	111978

(c) The corporation has been formed or organized not more	111979
than three years before the report required to be filed by section	111980
5733.02 of the Revised Code is due, without regard to any	111981
extensions.	111982

(d) The corporation is not a related member, as defined in	111983
section 5733.042 of the Revised Code, at any time during the	111984
taxable year with respect to another person treated as a	111985
corporation for federal income tax purposes. A corporation is not	111986
a related member if during the entire taxable year at least	111987
seventy-five per cent of the corporation's stock is owned directly	111988
or through a pass-through entity by individuals, estates, and	111989
grantor trusts, and the individuals, estates, and grantor trusts	111990
do not directly or indirectly own more than twenty per cent of the	111991
value of another person treated as a corporation for federal	111992
income tax purposes that is conducting a qualified trade or	111993
business.	111994

(D) The tax charged each financial institution subject to	111995
this chapter shall be that portion of the value of the issued and	111996
outstanding shares of stock as determined under division (A) of	111997
section 5733.05 of the Revised Code, multiplied by the following	111998
amounts:	111999

(1) For tax years prior to the 1999 tax year, fifteen mills;

112000

(2) For the 1999 tax year, fourteen mills;

112001

(3) For tax year 2000 and thereafter, thirteen mills.

112002

(E) No tax shall be charged from any corporation that has	112003
been adjudicated bankrupt, or for which a receiver has been	112004
appointed, or that has made a general assignment for the benefit	112005
of creditors, except for the portion of the then current tax year	112006
during which the tax commissioner finds such corporation had the	112007
power to exercise its corporate franchise unimpaired by such	112008
proceedings or act. The minimum payment for each corporation shall	112009
be as follows:	112010

(1) One thousand dollars in the case of a corporation having	112011
gross receipts for the taxable year equal to at least five million	112012
dollars from activities within or outside this state or in the	112013
case of a corporation employing at least three hundred employees	112014
at some time during the taxable year within or outside this state;	112015

(2) Fifty dollars in the case of any other corporation.

112016

The tax charged to corporations under this chapter for the	112017
privilege of engaging in business in this state, which is an	112018
excise tax levied on the value of the issued and outstanding	112019
shares of stock, shall in no manner be construed as prohibiting or	112020
otherwise limiting the powers of municipal corporations, joint	112021
economic development zones created under section 715.691 of the	112022
Revised Code, and joint economic development districts created	112023
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	112024
Revised Code in this state to impose an income tax on the income	112025
of such corporations.	112026

(F) If two or more taxpayers satisfy the ownership or control	112027
requirements of division (A) of section 5733.052 of the Revised	112028
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	112029
amount" for "fifty thousand dollars" in divisions (A) and (B) of	112030
this section. For purposes of this division, "the taxpayer's	112031
pro-rata amount" is an amount that, when added to the other such	112032
taxpayers' pro-rata amounts, does not exceed fifty thousand	112033
dollars. For the purpose of making that computation, the	112034
taxpayer's pro-rata amount shall not be less than zero. Nothing in	112035
this division derogates from or eliminates the requirement to make	112036
the alternative computation of tax under division (C) of this	112037
section.	112038

(G) The tax liability of any corporation under division (C)	112039
of this section shall not exceed one hundred fifty thousand	112040
dollars.	112041

(H)(1) For the purposes of division (H) of this section,	112042
"exiting corporation" means a corporation that satisfies all of	112043
the following conditions:	112044

(a) The corporation had nexus with or in this state under the	112045
Constitution of the United States during any portion of a calendar	112046
year;	112047

(b) The corporation was not a corporation described in	112048
division (A) of section 5733.01 of the Revised Code on the first	112049
day of January immediately following that calendar year;	112050

(c) The corporation was not a financial institution on the	112051
first day of January immediately following that calendar year;	112052

(d) If the corporation was a transferor as defined in section	112053
5733.053 of the Revised Code, the corporation's transferee was not	112054
required to add to the transferee's net income the income of the	112055
transferor pursuant to division (B) of that section;	112056

(e) During any portion of that calendar year, or any portion	112057
of the immediately preceding calendar year, the corporation had	112058
net income that was not included in a report filed by the	112059
corporation or its transferee pursuant to section 5733.02,	112060
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	112061

(f) The corporation would have been subject to the tax	112062
computed under divisions (A), (B), (C), (F), and (G) of this	112063
section if the corporation is assumed to be a corporation	112064
described in division (A) of section 5733.01 of the Revised Code	112065
on the first day of January immediately following the calendar	112066
year to which division (H)(1)(a) of this section refers.	112067

(2) For the purposes of division (H) of this section,	112068
"unreported net income" means net income that was not previously	112069
included in a report filed pursuant to section 5733.02, 5733.021,	112070
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	112071
realized or recognized during the calendar year to which division	112072
(H)(1) of this section refers or the immediately preceding	112073
calendar year.	112074

(3) Each exiting corporation shall pay a tax computed by	112075
first allocating and apportioning the unreported net income	112076
pursuant to division (B) of section 5733.05 and section 5733.051	112077
and, if applicable, section 5733.052 of the Revised Code. The	112078
exiting corporation then shall compute the tax due on its	112079
unreported net income allocated and apportioned to this state by	112080
applying divisions (A), (B), and (F) of this section to that	112081
income.	112082

(4) Divisions (C) and (G) of this section, division (D)(2) of	112083
section 5733.065, and division (C) of section 5733.066 of the	112084
Revised Code do not apply to an exiting corporation, but exiting	112085
corporations are subject to every other provision of this chapter.	112086

(5) Notwithstanding division (B) of section 5733.01 or	112087
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	112088
contrary, each exiting corporation shall report and pay the tax	112089
due under division (H) of this section on or before the	112090
thirty-first day of May immediately following the calendar year to	112091
which division (H)(1)(a) of this section refers. The exiting	112092
corporation shall file that report on the form most recently	112093
prescribed by the tax commissioner for the purposes of complying	112094
with sections 5733.02 and 5733.03 of the Revised Code. Upon	112095
request by the corporation, the tax commissioner may extend the	112096
date for filing the report.	112097

(6) If, on account of the application of section 5733.053 of	112098
the Revised Code, net income is subject to the tax imposed by	112099
divisions (A) and (B) of this section, such income shall not be	112100
subject to the tax imposed by division (H)(3) of this section.	112101

(7) The amendments made to division (H) of this section by	112102
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	112103
any transfer, as defined in section 5733.053 of the Revised Code,	112104
for which negotiations began prior to January 1, 2001, and that	112105
was commenced in and completed during calendar year 2001, unless	112106
the taxpayer makes an election prior to December 31, 2001, to	112107
apply those amendments.	112108

(8) The tax commissioner may adopt rules governing division	112109
(H) of this section.	112110

(I) Any reference in the Revised Code to "the tax imposed by	112111
section 5733.06 of the Revised Code" or "the tax due under section	112112
5733.06 of the Revised Code" includes the taxes imposed under	112113
sections 5733.065 and 5733.066 of the Revised Code.	112114

(J)(1) Division (J) of this section applies solely to a	112115
combined company. Section 5733.057 of the Revised Code shall apply	112116
when calculating the adjustments required by division (J) of this	112117
section.	112118

(2) Subject to division (J)(4) of this section, the total tax	112119
calculated in divisions (A) and (B) of this section shall be	112120
reduced by an amount calculated by multiplying such tax by a	112121
fraction, the numerator of which is the total taxable gross	112122
receipts attributed to providing public utility activity other	112123
than as an electric company under section 5727.03 of the Revised	112124
Code for the year upon which the taxable gross receipts are	112125
measured immediately preceding the tax year, and the denominator	112126
of which is the total gross receipts from all sources for the year	112127
upon which the taxable gross receipts are measured immediately	112128
preceding the tax year. Nothing herein shall be construed to	112129
exclude from the denominator any item of income described in	112130
section 5733.051 of the Revised Code.	112131

(3) Subject to division (J)(4) of this section, the total tax	112132
calculated in division (C) of this section shall be reduced by an	112133
amount calculated by multiplying such tax by the fraction	112134
described in division (J)(2) of this section.	112135

(4) In no event shall the reduction provided by division	112136
(J)(2) or (J)(3) of this section exceed the amount of the excise	112137
tax paid in accordance with section 5727.38 of the Revised Code,	112138
for the year upon which the taxable gross receipts are measured	112139
immediately preceding the tax year.	112140

Sec. 5733.11. (A) If any corporation required to file a	112141
report under this chapter fails to file the report within the time	112142
prescribed, files an incorrect report, or fails to remit the full	112143
amount of the tax due for the period covered by the report, the	112144
tax commissioner may make an assessment against the corporation	112145
for any deficiency for the period for which the report or tax is	112146
due, based upon any information in the commissioner's possession.	112147

No assessment shall be made or issued against a corporation	112148
more than three years after the later of the final date the report	112149
subject to assessment was required to be filed or the date the	112150
report was filed. Such time limit may be extended if both the	112151
corporation and the commissioner consent in writing to the	112152
extension or if an agreement waiving or extending the time limit	112153
has been entered into pursuant to section 122.171 of the Revised	112154
Code. Any such extension shall extend the three-year time limit in	112155
division (B) of section 5733.12 of the Revised Code for the same	112156
period of time. There shall be no bar or limit to an assessment	112157
against a corporation that fails to file a report subject to	112158
assessment as required by this chapter, or that files a fraudulent	112159
report.	112160

The commissioner shall give the corporation assessed written	112161
notice of the assessment in the manner provided in section 5703.37	112162
of the Revised Code. With the notice, the commissioner shall	112163
provide instructions on how to petition for reassessment and	112164
request a hearing on the petition.	112165

(B) Unless the corporation assessed files with the tax	112166
commissioner within sixty days after service of the notice of	112167
assessment, either personally or by certified mail, a written	112168
petition for reassessment, signed by the ~~corporations~~	112169
corporation's authorized agent having knowledge of the facts,, the	112170
assessment becomes final, and the amount of the assessment is due	112171
and payable from the corporation assessed to the treasurer of	112172
state. The petition shall indicate the corporation's objections,	112173
but additional objections may be raised in writing if received by	112174
the commissioner prior to the date shown on the final	112175
determination. If the petition has been properly filed, the	112176
commissioner shall proceed under section 5703.60 of the Revised	112177
Code.	112178

(C) After an assessment becomes final, if any portion of the	112179
assessment remains unpaid, including accrued interest, a certified	112180
copy of the tax commissioner's entry making the assessment final	112181
may be filed in the office of the clerk of the court of common	112182
pleas in the county in which the corporation has an office or	112183
place of business in this state, the county in which the	112184
corporation's statutory agent is located, or Franklin county.	112185

Immediately upon the filing of the entry, the clerk shall	112186
enter a judgment against the corporation assessed in the amount	112187
shown on the entry. The judgment may be filed by the clerk in a	112188
loose-leaf book entitled "special judgments for state corporate	112189
franchise and litter taxes," and shall have the same effect as	112190
other judgments. Execution shall issue upon the judgment upon the	112191
request of the tax commissioner, and all laws applicable to sales	112192
on execution shall apply to sales made under the judgment.	112193

~~The portion of an~~If the assessment is not paid within sixty	112194
days after the day the assessment was issued, the portion of the	112195
assessment consisting of tax due shall bear interest at the rate	112196
per annum prescribed by section 5703.47 of the Revised Code from	112197
the day the tax commissioner issues the assessment until the	112198
assessment is paid or until it is certified to the attorney	112199
general for collection under section 131.02 of the Revised Code,	112200
whichever comes first. If the unpaid portion of the assessment is	112201
certified to the attorney general for collection, the entire	112202
unpaid portion of the assessment shall bear interest at the rate	112203
per annum prescribed by section 5703.47 of the Revised Code from	112204
the date of certification until the date it is paid in its	112205
entirety. Interest shall be paid in the same manner as the tax and	112206
may be collected by issuing an assessment under this section.	112207

(D) All money collected under this section shall be	112208
considered as revenue arising from the taxes imposed by this	112209
chapter.	112210

(E) The portion of an assessment that must be paid upon the	112211
filing of a petition for reassessment shall be as follows:	112212

(1) If the sole item objected to is the assessed penalty or	112213
interest, payment of the assessment, including interest but not	112214
penalty, is required;	112215

(2) If the corporation assessed failed to file, prior to the	112216
date of issuance of the assessment, the annual report required by	112217
section 5733.02 of the Revised Code, any amended report required	112218
by division (C) of section 5733.031 of the Revised Code for the	112219
tax year at issue, or any amended report required by division (D)	112220
of section 5733.067 of the Revised Code to indicate a reduction in	112221
the amount of the credit provided under that section, payment of	112222
the assessment, including interest but not penalty, is required;	112223

(3) If the corporation assessed filed, prior to the date of	112224
issuance of the assessment, the annual report required by section	112225
5733.02 of the Revised Code, all amended reports required by	112226
division (C) of section 5733.031 of the Revised Code for the tax	112227
year at issue, and all amended reports required by division (D) of	112228
section 5733.067 of the Revised Code to indicate a reduction in	112229
the amount of the credit provided under that section, and a	112230
balance of the taxes shown due on the reports as computed on the	112231
reports remains unpaid, payment of only that portion of the	112232
assessment representing the unpaid balance of tax and interest is	112233
required;	112234

(4) If the corporation assessed does not dispute that it is a	112235
taxpayer but claims the protections of section 101 of Public Law	112236
86-272, 73 Stat. 555, 15 U.S.C.A. 381, as amended, payment of only	112237
that portion of the assessment representing any balance of taxes	112238
shown due on the corporation's annual report required by section	112239
5733.02 of the Revised Code, as computed on the report, that	112240
remains unpaid, and that represents taxes imposed by division (C)	112241
of section 5733.06, division (C)(2) of section 5733.065, and	112242
division (C) of section 5733.066 of the Revised Code, together	112243
with all related interest, is required;	112244

(5) If none of the conditions specified in divisions (E)(1)	112245
to (4) of this section apply, or if the corporation assessed	112246
disputes that it is a taxpayer, no payment is required.	112247

(F) Notwithstanding the fact that a petition for reassessment	112248
is pending, the corporation may pay all or a portion of the	112249
assessment that is the subject of the petition. The acceptance of	112250
a payment by the treasurer of state does not prejudice any claim	112251
for refund upon final determination of the petition.	112252

If upon final determination of the petition an error in the	112253
assessment is corrected by the tax commissioner, upon petition so	112254
filed or pursuant to a decision of the board of tax appeals or any	112255
court to which the determination or decision has been appealed, so	112256
that the amount due from the corporation under the corrected	112257
assessment is less than the portion paid, there shall be issued to	112258
the corporation, its assigns, or legal representative a refund in	112259
the amount of the overpayment as provided by section 5733.12 of	112260
the Revised Code, with interest on that amount as provided by	112261
section 5733.26 of the Revised Code, subject to section 5733.121	112262
of the Revised Code.	112263

Sec. 5733.98. (A) To provide a uniform procedure for	112264
calculating the amount of tax imposed by section 5733.06 of the	112265
Revised Code that is due under this chapter, a taxpayer shall	112266
claim any credits to which it is entitled in the following order,	112267
except as otherwise provided in section 5733.058 of the Revised	112268
Code:	112269

(1) For tax year 2005, the credit for taxes paid by a	112270
qualifying pass-through entity allowed under section 5733.0611 of	112271
the Revised Code;	112272

(2) The credit allowed for financial institutions under	112273
section 5733.45 of the Revised Code;	112274

(3) The credit for qualifying affiliated groups under section	112275
5733.068 of the Revised Code;	112276

(4) The subsidiary corporation credit under section 5733.067	112277
of the Revised Code;	112278

(5) The savings and loan assessment credit under section	112279
5733.063 of the Revised Code;	112280

(6) The credit for recycling and litter prevention donations	112281
under section 5733.064 of the Revised Code;	112282

(7) The credit for employers that enter into agreements with	112283
child day-care centers under section 5733.36 of the Revised Code;	112284

(8) The credit for employers that reimburse employee child	112285
care expenses under section 5733.38 of the Revised Code;	112286

(9) The credit for maintaining railroad active grade crossing	112287
warning devices under section 5733.43 of the Revised Code;	112288

(10) The credit for purchases of lights and reflectors under	112289
section 5733.44 of the Revised Code;	112290

(11) The nonrefundable job retention credit under division	112291
(B) of section 5733.0610 of the Revised Code;	112292

(12) The credit for tax years 2008 and 2009 for selling	112293
alternative fuel under section 5733.48 of the Revised Code;	112294

(13) The second credit for purchases of new manufacturing	112295
machinery and equipment under section 5733.33 of the Revised Code;	112296

(14) The job training credit under section 5733.42 of the	112297
Revised Code;	112298

(15) The credit for qualified research expenses under section	112299
5733.351 of the Revised Code;	112300

(16) The enterprise zone credit under section 5709.66 of the	112301
Revised Code;	112302

(17) The credit for the eligible costs associated with a	112303
voluntary action under section 5733.34 of the Revised Code;	112304

(18) The credit for employers that establish on-site child	112305
day-care centers under section 5733.37 of the Revised Code;	112306

(19) The ethanol plant investment credit under section	112307
5733.46 of the Revised Code;	112308

(20) The credit for purchases of qualifying grape production	112309
property under section 5733.32 of the Revised Code;	112310

(21) The export sales credit under section 5733.069 of the	112311
Revised Code;	112312

(22) ~~The credit for research and development and technology~~	112313
~~transfer investors under section 5733.35 of the Revised Code;~~	112314

~~(23)~~ The enterprise zone credits under section 5709.65 of the	112315
Revised Code;	112316

~~(24)~~(23) The credit for using Ohio coal under section 5733.39	112317
of the Revised Code;	112318

~~(25)~~(24) The credit for purchases of qualified low-income	112319
community investments under section 5733.58 of the Revised Code;	112320

~~(26)~~(25) The credit for small telephone companies under	112321
section 5733.57 of the Revised Code;	112322

~~(27)~~(26) The credit for eligible nonrecurring 9-1-1 charges	112323
under section 5733.55 of the Revised Code;	112324

~~(28)~~(27) For tax year 2005, the credit for providing programs	112325
to aid the communicatively impaired under division (A) of section	112326
5733.56 of the Revised Code;	112327

~~(29)~~(28) The research and development credit under section	112328
5733.352 of the Revised Code;	112329

~~(30)~~(29) For tax years 2006 and subsequent tax years, the	112330
credit for taxes paid by a qualifying pass-through entity allowed	112331
under section 5733.0611 of the Revised Code;	112332

~~(31)~~(30) The refundable credit for rehabilitating a historic	112333
building under section 5733.47 of the Revised Code;	112334

~~(32)~~(31) The refundable jobs creation credit or job retention	112335
credit under division (A) of section 5733.0610 of the Revised	112336
Code;	112337

~~(33)~~(32) The refundable credit for tax withheld under	112338
division (B)(2) of section 5747.062 of the Revised Code;	112339

~~(34)~~(33) The refundable credit under section 5733.49 of the	112340
Revised Code for losses on loans made to the Ohio venture capital	112341
program under sections 150.01 to 150.10 of the Revised Code;	112342

~~(35)~~(34) For tax years 2006, 2007, and 2008, the refundable	112343
credit allowable under division (B) of section 5733.56 of the	112344
Revised Code;	112345

~~(36)~~(35) The refundable motion picture production credit	112346
under section 5733.59 of the Revised Code.	112347

(B) For any credit except the refundable credits enumerated	112348
in this section, the amount of the credit for a tax year shall not	112349
exceed the tax due after allowing for any other credit that	112350
precedes it in the order required under this section. Any excess	112351
amount of a particular credit may be carried forward if authorized	112352
under the section creating that credit.	112353

Sec. 5735.012. ~~Amounts~~With respect to liquid motor fuel	112354
other than liquid natural gas, amounts of motor fuel reported	112355
under this chapter shall be measured in gross gallons, except that	112356
amounts reported for terminal to terminal transactions shall be	112357
measured in net gallons and amounts reported for terminal to Ohio	112358
licensed dealer transactions shall be measured in both net gallons	112359
and gross gallons. Amounts of liquid natural gas shall be measured	112360
in gallon equivalents as described in section 5735.013 of the	112361
Revised Code.	112362

Sec. 5735.013. For the purposes of this chapter, if the	112363
national conference on weights and measures has adopted a diesel	112364
gallon equivalent standard for liquid natural gas, that standard	112365
shall be the equivalent of one gallon of motor fuel. If the	112366
national conference on weights and measures has not adopted such a	112367
standard, six and six one-hundredths pounds of liquid natural gas	112368
shall be the equivalent of one gallon of motor fuel.	112369

Sec. 5735.12. (A) Any motor fuel dealer required by this	112370
chapter to file reports and pay the tax levied by this chapter who	112371
fails to file the report within the time prescribed, may be liable	112372
for an additional charge not exceeding the greater of ten per cent	112373
of the motor fuel dealer's tax liability for that month or fifty	112374
dollars. The tax commissioner may remit all or a portion of the	112375
additional charge and may adopt rules relating to the remission of	112376
all or a portion of the charge.	112377

If any person required by this chapter to file reports and	112378
pay the taxes, interest, or additional charge levied by this	112379
chapter fails to file the report, files an incomplete or incorrect	112380
report, or fails to remit the full amount of the tax, interest, or	112381
additional charge due for the period covered by the report, the	112382
commissioner may make an assessment against the person based upon	112383
any information in the commissioner's possession.	112384

No assessment shall be made against any motor fuel dealer for	112385
taxes imposed by this chapter more than four years after the date	112386
on which the report on which the assessment was based was due or	112387
was filed, whichever is later. This section does not bar an	112388
assessment against any motor fuel dealer who fails to file a	112389
report required by section 5735.06 of the Revised Code, or who	112390
files a fraudulent motor fuel tax report.	112391

A penalty of up to fifteen per cent may be added to the	112392
amount of every assessment made under this section. The	112393
commissioner may adopt rules providing for the imposition and	112394
remission of penalties added to assessments made under this	112395
section.	112396

The commissioner shall give the party assessed written notice	112397
of the assessment in the manner provided in section 5703.37 of the	112398
Revised Code. With the notice, the commissioner shall provide	112399
instructions on how to petition for reassessment and request a	112400
hearing on the petition.	112401

(B) Unless the party assessed files with the tax commissioner	112402
within sixty days after service of the notice of assessment,	112403
either personally or by certified mail, a written petition for	112404
reassessment in writing, signed by the party assessed or that	112405
party's authorized agent having knowledge of the facts, the	112406
assessment becomes final and the amount of the assessment is due	112407
and payable from the party assessed to the treasurer of state. The	112408
petition shall indicate the objections of the party assessed, but	112409
additional objections may be raised in writing if received by the	112410
commissioner prior to the date shown on the final determination.	112411
If the petition has been properly filed, the commissioner shall	112412
proceed under section 5703.60 of the Revised Code.	112413

(C) After an assessment becomes final, if any portion of the	112414
assessment remains unpaid, including accrued interest, a certified	112415
copy of the tax commissioner's entry making the assessment final	112416
may be filed in the office of the clerk of the court of common	112417
pleas in the county in which the party assessed resides or in	112418
which the business of the party assessed is conducted. If the	112419
party assessed maintains no place of business in this state and is	112420
not a resident of this state, the certified copy of the entry may	112421
be filed in the office of the clerk of the court of common pleas	112422
of Franklin county.	112423

Immediately upon the filing of the entry, the clerk shall	112424
enter a judgment for the state against the party assessed in the	112425
amount shown on the entry. The judgment may be filed by the clerk	112426
in a loose-leaf book entitled "special judgments for state motor	112427
fuel tax," and shall have the same effect as other judgments.	112428
Execution shall issue upon the judgment upon the request of the	112429
tax commissioner, and all laws applicable to sales on execution	112430
shall apply to sales made under the judgment.	112431

~~The portion of~~If the assessment is not paid in its entirety	112432
within sixty days after the day the assessment was issued, the	112433
portion of the assessment consisting of tax due shall bear	112434
interest at the rate per annum prescribed by section 5703.47 of	112435
the Revised Code from the day the commissioner issues the	112436
assessment until it is paid or until it is certified to the	112437
attorney general for collection under section 131.02 of the	112438
Revised Code, whichever comes first. If the unpaid portion of the	112439
assessment is certified to the attorney general for collection,	112440
the entire unpaid portion of the assessment shall bear interest at	112441
the rate per annum prescribed by section 5703.47 of the Revised	112442
Code from the date of certification until the date it is paid in	112443
its entirety. Interest shall be paid in the same manner as the tax	112444
and may be collected by the issuance of an assessment under this	112445
section.	112446

(D) All money collected by the tax commissioner under this	112447
section shall be paid to the treasurer of state, and when paid	112448
shall be considered as revenue arising from the tax imposed by	112449
this chapter.	112450

(E) If the tax commissioner determines that the commissioner	112451
has erroneously refunded motor fuel tax to any person, the	112452
commissioner may make an assessment against the person for	112453
recovery of the erroneously refunded tax.	112454

Sec. 5735.34. (A) If any motor fuel dealer sells that motor	112455
fuel dealer's entire business or discontinues operating that	112456
business, the taxes and any interest and penalties imposed under	112457
this chapter that arose prior to the date of sale or	112458
discontinuation become due and payable immediately. ~~The~~Within	112459
fifteen days after the date of the sale or discontinuation of the	112460
business, the motor fuel dealer shall make a final return ~~within~~	112461
~~fifteen days after the date of the sale or discontinuation of the~~	112462
~~business~~and provide written notification to the tax commissioner	112463
of the sale or discontinuation and the name and contact	112464
information of the purchaser, if applicable. The purchaser of the	112465
business shall withhold a sufficient amount of the purchase money	112466
to cover the amount of such taxes, interest, and penalties due and	112467
unpaid until the seller produces a receipt from the tax	112468
commissioner showing that the taxes, interest, and penalties have	112469
been paid, or until the seller produces a certificate indicating	112470
that no taxes, interest, and penalties are due.	112471

(B) If the purchaser of the business fails to withhold the	112472
purchase money required to be withheld under this section, the	112473
purchaser of the business is personally liable for the payment of	112474
the taxes, interest, and penalties accrued and unpaid during the	112475
operation of the business by the seller, but only to the extent of	112476
the consideration offered for the entire business.	112477

(C) For purposes of this section, "entire business" means	112478
substantially all of the seller's assets determined without regard	112479
to any then existing mortgages, liens, security interests or other	112480
encumbrances attaching to those assets. A person is considered to	112481
have sold the entire business only if the person ceases to qualify	112482
as a motor fuel dealer and has relinquished or the tax	112483
commissioner has canceled the person's motor fuel dealer's	112484
license.	112485

Sec. 5739.01. As used in this chapter:

112486

(A) "Person" includes individuals, receivers, assignees,	112487
trustees in bankruptcy, estates, firms, partnerships,	112488
associations, joint-stock companies, joint ventures, clubs,	112489
societies, corporations, the state and its political subdivisions,	112490
and combinations of individuals of any form.	112491

(B) "Sale" and "selling" include all of the following	112492
transactions for a consideration in any manner, whether absolutely	112493
or conditionally, whether for a price or rental, in money or by	112494
exchange, and by any means whatsoever:	112495

(1) All transactions by which title or possession, or both,	112496
of tangible personal property, is or is to be transferred, or a	112497
license to use or consume tangible personal property is or is to	112498
be granted;	112499

(2) All transactions by which lodging by a hotel is or is to	112500
be furnished to transient guests;	112501

(3) All transactions by which:

112502

(a) An item of tangible personal property is or is to be	112503
repaired, except property, the purchase of which would not be	112504
subject to the tax imposed by section 5739.02 of the Revised Code;	112505

(b) An item of tangible personal property is or is to be	112506
installed, except property, the purchase of which would not be	112507
subject to the tax imposed by section 5739.02 of the Revised Code	112508
or property that is or is to be incorporated into and will become	112509
a part of a production, transmission, transportation, or	112510
distribution system for the delivery of a public utility service;	112511

(c) The service of washing, cleaning, waxing, polishing, or	112512
painting a motor vehicle is or is to be furnished;	112513

(d) Until August 1, 2003, industrial laundry cleaning	112514
services are or are to be provided and, on and after August 1,	112515
2003, laundry and dry cleaning services are or are to be provided;	112516

(e) Automatic data processing, computer services, or	112517
electronic information services are or are to be provided for use	112518
in business when the true object of the transaction is the receipt	112519
by the consumer of automatic data processing, computer services,	112520
or electronic information services rather than the receipt of	112521
personal or professional services to which automatic data	112522
processing, computer services, or electronic information services	112523
are incidental or supplemental. Notwithstanding any other	112524
provision of this chapter, such transactions that occur between	112525
members of an affiliated group are not sales. An "affiliated	112526
group" means two or more persons related in such a way that one	112527
person owns or controls the business operation of another member	112528
of the group. In the case of corporations with stock, one	112529
corporation owns or controls another if it owns more than fifty	112530
per cent of the other corporation's common stock with voting	112531
rights.	112532

(f) Telecommunications service, including prepaid calling	112533
service, prepaid wireless calling service, or ancillary service,	112534
is or is to be provided, but not including coin-operated telephone	112535
service;	112536

(g) Landscaping and lawn care service is or is to be	112537
provided;	112538

(h) Private investigation and security service is or is to be	112539
provided;	112540

(i) Information services or tangible personal property is	112541
provided or ordered by means of a nine hundred telephone call;	112542

(j) Building maintenance and janitorial service is or is to	112543
be provided;	112544

(k) Employment service is or is to be provided;

112545

(l) Employment placement service is or is to be provided;

112546

(m) Exterminating service is or is to be provided;

112547

(n) Physical fitness facility service is or is to be	112548
provided;	112549

(o) Recreation and sports club service is or is to be	112550
provided;	112551

(p) On and after August 1, 2003, satellite broadcasting	112552
service is or is to be provided;	112553

(q) On and after August 1, 2003, personal care service is or	112554
is to be provided to an individual. As used in this division,	112555
"personal care service" includes skin care, the application of	112556
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	112557
piercing, tanning, massage, and other similar services. "Personal	112558
care service" does not include a service provided by or on the	112559
order of a licensed physician or licensed chiropractor, or the	112560
cutting, coloring, or styling of an individual's hair.	112561

(r) On and after August 1, 2003, the transportation of	112562
persons by motor vehicle or aircraft is or is to be provided, when	112563
the transportation is entirely within this state, except for	112564
transportation provided by an ambulance service, by a transit bus,	112565
as defined in section 5735.01 of the Revised Code, and	112566
transportation provided by a citizen of the United States holding	112567
a certificate of public convenience and necessity issued under 49	112568
U.S.C. 41102;	112569

(s) On and after August 1, 2003, motor vehicle towing service	112570
is or is to be provided. As used in this division, "motor vehicle	112571
towing service" means the towing or conveyance of a wrecked,	112572
disabled, or illegally parked motor vehicle.	112573

(t) On and after August 1, 2003, snow removal service is or	112574
is to be provided. As used in this division, "snow removal	112575
service" means the removal of snow by any mechanized means, but	112576
does not include the providing of such service by a person that	112577
has less than five thousand dollars in sales of such service	112578
during the calendar year.	112579

(u) Electronic publishing service is or is to be provided to	112580
a consumer for use in business, except that such transactions	112581
occurring between members of an affiliated group, as defined in	112582
division (B)(3)(e) of this section, are not sales.	112583

(4) All transactions by which printed, imprinted,	112584
overprinted, lithographic, multilithic, blueprinted, photostatic,	112585
or other productions or reproductions of written or graphic matter	112586
are or are to be furnished or transferred;	112587

(5) The production or fabrication of tangible personal	112588
property for a consideration for consumers who furnish either	112589
directly or indirectly the materials used in the production of	112590
fabrication work; and include the furnishing, preparing, or	112591
serving for a consideration of any tangible personal property	112592
consumed on the premises of the person furnishing, preparing, or	112593
serving such tangible personal property. Except as provided in	112594
section 5739.03 of the Revised Code, a construction contract	112595
pursuant to which tangible personal property is or is to be	112596
incorporated into a structure or improvement on and becoming a	112597
part of real property is not a sale of such tangible personal	112598
property. The construction contractor is the consumer of such	112599
tangible personal property, provided that the sale and	112600
installation of carpeting, the sale and installation of	112601
agricultural land tile, the sale and erection or installation of	112602
portable grain bins, or the provision of landscaping and lawn care	112603
service and the transfer of property as part of such service is	112604
never a construction contract.	112605

As used in division (B)(5) of this section:

112606

(a) "Agricultural land tile" means fired clay or concrete	112607
tile, or flexible or rigid perforated plastic pipe or tubing,	112608
incorporated or to be incorporated into a subsurface drainage	112609
system appurtenant to land used or to be used primarily in	112610
production by farming, agriculture, horticulture, or floriculture.	112611
The term does not include such materials when they are or are to	112612
be incorporated into a drainage system appurtenant to a building	112613
or structure even if the building or structure is used or to be	112614
used in such production.	112615

(b) "Portable grain bin" means a structure that is used or to	112616
be used by a person engaged in farming or agriculture to shelter	112617
the person's grain and that is designed to be disassembled without	112618
significant damage to its component parts.	112619

(6) All transactions in which all of the shares of stock of a	112620
closely held corporation are transferred, or an ownership interest	112621
in a pass-through entity, as defined in section 5733.04 of the	112622
Revised Code, is transferred, if the corporation or pass-through	112623
entity is not engaging in business and its entire assets consist	112624
of boats, planes, motor vehicles, or other tangible personal	112625
property operated primarily for the use and enjoyment of the	112626
shareholders or owners;	112627

(7) All transactions in which a warranty, maintenance or	112628
service contract, or similar agreement by which the vendor of the	112629
warranty, contract, or agreement agrees to repair or maintain the	112630
tangible personal property of the consumer is or is to be	112631
provided;	112632

(8) The transfer of copyrighted motion picture films used	112633
solely for advertising purposes, except that the transfer of such	112634
films for exhibition purposes is not a sale;	112635

(9) On and after August 1, 2003, all transactions by which	112636
tangible personal property is or is to be stored, except such	112637
property that the consumer of the storage holds for sale in the	112638
regular course of business;	112639

(10) All transactions in which "guaranteed auto protection"	112640
is provided whereby a person promises to pay to the consumer the	112641
difference between the amount the consumer receives from motor	112642
vehicle insurance and the amount the consumer owes to a person	112643
holding title to or a lien on the consumer's motor vehicle in the	112644
event the consumer's motor vehicle suffers a total loss under the	112645
terms of the motor vehicle insurance policy or is stolen and not	112646
recovered, if the protection and its price are included in the	112647
purchase or lease agreement;	112648

(11)(a) Except as provided in division (B)(11)(b) of this	112649
section, on and after October 1, 2009, all transactions by which	112650
health care services are paid for, reimbursed, provided,	112651
delivered, arranged for, or otherwise made available by a medicaid	112652
health insuring corporation pursuant to the corporation's contract	112653
with the state.	112654

(b) If the centers for medicare and medicaid services of the	112655
United States department of health and human services determines	112656
that the taxation of transactions described in division (B)(11)(a)	112657
of this section constitutes an impermissible health care-related	112658
tax under ~~section 1903(w) of~~ the "Social Security Act," ~~49 Stat.~~	112659
~~620 (1935)~~section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ and	112660
regulations adopted thereunder, the medicaid director ~~of job and~~	112661
~~family services~~ shall notify the tax commissioner of that	112662
determination. Beginning with the first day of the month following	112663
that notification, the transactions described in division	112664
(B)(11)(a) of this section are not sales for the purposes of this	112665
chapter or Chapter 5741. of the Revised Code. The tax commissioner	112666
shall order that the collection of taxes under sections 5739.02,	112667
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	112668
5741.023 of the Revised Code shall cease for transactions	112669
occurring on or after that date.	112670

Except as provided in this section, "sale" and "selling" do	112671
not include transfers of interest in leased property where the	112672
original lessee and the terms of the original lease agreement	112673
remain unchanged, or professional, insurance, or personal service	112674
transactions that involve the transfer of tangible personal	112675
property as an inconsequential element, for which no separate	112676
charges are made.	112677

(C) "Vendor" means the person providing the service or by	112678
whom the transfer effected or license given by a sale is or is to	112679
be made or given and, for sales described in division (B)(3)(i) of	112680
this section, the telecommunications service vendor that provides	112681
the nine hundred telephone service; if two or more persons are	112682
engaged in business at the same place of business under a single	112683
trade name in which all collections on account of sales by each	112684
are made, such persons shall constitute a single vendor.	112685

Physicians, dentists, hospitals, and veterinarians who are	112686
engaged in selling tangible personal property as received from	112687
others, such as eyeglasses, mouthwashes, dentifrices, or similar	112688
articles, are vendors. Veterinarians who are engaged in	112689
transferring to others for a consideration drugs, the dispensing	112690
of which does not require an order of a licensed veterinarian or	112691
physician under federal law, are vendors.	112692

(D)(1) "Consumer" means the person for whom the service is	112693
provided, to whom the transfer effected or license given by a sale	112694
is or is to be made or given, to whom the service described in	112695
division (B)(3)(f) or (i) of this section is charged, or to whom	112696
the admission is granted.	112697

(2) Physicians, dentists, hospitals, and blood banks operated	112698
by nonprofit institutions and persons licensed to practice	112699
veterinary medicine, surgery, and dentistry are consumers of all	112700
tangible personal property and services purchased by them in	112701
connection with the practice of medicine, dentistry, the rendition	112702
of hospital or blood bank service, or the practice of veterinary	112703
medicine, surgery, and dentistry. In addition to being consumers	112704
of drugs administered by them or by their assistants according to	112705
their direction, veterinarians also are consumers of drugs that	112706
under federal law may be dispensed only by or upon the order of a	112707
licensed veterinarian or physician, when transferred by them to	112708
others for a consideration to provide treatment to animals as	112709
directed by the veterinarian.	112710

(3) A person who performs a facility management, or similar	112711
service contract for a contractee is a consumer of all tangible	112712
personal property and services purchased for use in connection	112713
with the performance of such contract, regardless of whether title	112714
to any such property vests in the contractee. The purchase of such	112715
property and services is not subject to the exception for resale	112716
under division (E)(1) of this section.	112717

(4)(a) In the case of a person who purchases printed matter	112718
for the purpose of distributing it or having it distributed to the	112719
public or to a designated segment of the public, free of charge,	112720
that person is the consumer of that printed matter, and the	112721
purchase of that printed matter for that purpose is a sale.	112722

(b) In the case of a person who produces, rather than	112723
purchases, printed matter for the purpose of distributing it or	112724
having it distributed to the public or to a designated segment of	112725
the public, free of charge, that person is the consumer of all	112726
tangible personal property and services purchased for use or	112727
consumption in the production of that printed matter. That person	112728
is not entitled to claim exemption under division (B)(42)(f) of	112729
section 5739.02 of the Revised Code for any material incorporated	112730
into the printed matter or any equipment, supplies, or services	112731
primarily used to produce the printed matter.	112732

(c) The distribution of printed matter to the public or to a	112733
designated segment of the public, free of charge, is not a sale to	112734
the members of the public to whom the printed matter is	112735
distributed or to any persons who purchase space in the printed	112736
matter for advertising or other purposes.	112737

(5) A person who makes sales of any of the services listed in	112738
division (B)(3) of this section is the consumer of any tangible	112739
personal property used in performing the service. The purchase of	112740
that property is not subject to the resale exception under	112741
division (E)(1) of this section.	112742

(6) A person who engages in highway transportation for hire	112743
is the consumer of all packaging materials purchased by that	112744
person and used in performing the service, except for packaging	112745
materials sold by such person in a transaction separate from the	112746
service.	112747

(7) In the case of a transaction for health care services	112748
under division (B)(11) of this section, a medicaid health insuring	112749
corporation is the consumer of such services. The purchase of such	112750
services by a medicaid health insuring corporation is not subject	112751
to the exception for resale under division (E)(1) of this section	112752
or to the exemptions provided under divisions (B)(12), (18), (19),	112753
and (22) of section 5739.02 of the Revised Code.	112754

(E) "Retail sale" and "sales at retail" include all sales,	112755
except those in which the purpose of the consumer is to resell the	112756
thing transferred or benefit of the service provided, by a person	112757
engaging in business, in the form in which the same is, or is to	112758
be, received by the person.	112759

(F) "Business" includes any activity engaged in by any person	112760
with the object of gain, benefit, or advantage, either direct or	112761
indirect. "Business" does not include the activity of a person in	112762
managing and investing the person's own funds.	112763

(G) "Engaging in business" means commencing, conducting, or	112764
continuing in business, and liquidating a business when the	112765
liquidator thereof holds itself out to the public as conducting	112766
such business. Making a casual sale is not engaging in business.	112767

(H)(1)(a) "Price," except as provided in divisions (H)(2),	112768
(3), and (4) of this section, means the total amount of	112769
consideration, including cash, credit, property, and services, for	112770
which tangible personal property or services are sold, leased, or	112771
rented, valued in money, whether received in money or otherwise,	112772
without any deduction for any of the following:	112773

(i) The vendor's cost of the property sold;

112774

(ii) The cost of materials used, labor or service costs,	112775
interest, losses, all costs of transportation to the vendor, all	112776
taxes imposed on the vendor, including the tax imposed under	112777
Chapter 5751. of the Revised Code, and any other expense of the	112778
vendor;	112779

(iii) Charges by the vendor for any services necessary to	112780
complete the sale;	112781

(iv) On and after August 1, 2003, delivery charges. As used	112782
in this division, "delivery charges" means charges by the vendor	112783
for preparation and delivery to a location designated by the	112784
consumer of tangible personal property or a service, including	112785
transportation, shipping, postage, handling, crating, and packing.	112786

(v) Installation charges;

112787

(vi) Credit for any trade-in.

112788

(b) "Price" includes consideration received by the vendor	112789
from a third party, if the vendor actually receives the	112790
consideration from a party other than the consumer, and the	112791
consideration is directly related to a price reduction or discount	112792
on the sale; the vendor has an obligation to pass the price	112793
reduction or discount through to the consumer; the amount of the	112794
consideration attributable to the sale is fixed and determinable	112795
by the vendor at the time of the sale of the item to the consumer;	112796
and one of the following criteria is met:	112797

(i) The consumer presents a coupon, certificate, or other	112798
document to the vendor to claim a price reduction or discount	112799
where the coupon, certificate, or document is authorized,	112800
distributed, or granted by a third party with the understanding	112801
that the third party will reimburse any vendor to whom the coupon,	112802
certificate, or document is presented;	112803

(ii) The consumer identifies the consumer's self to the	112804
seller as a member of a group or organization entitled to a price	112805
reduction or discount. A preferred customer card that is available	112806
to any patron does not constitute membership in such a group or	112807
organization.	112808

(iii) The price reduction or discount is identified as a	112809
third party price reduction or discount on the invoice received by	112810
the consumer, or on a coupon, certificate, or other document	112811
presented by the consumer.	112812

112813

(i) Discounts, including cash, term, or coupons that are not	112814
reimbursed by a third party that are allowed by a vendor and taken	112815
by a consumer on a sale;	112816

(ii) Interest, financing, and carrying charges from credit	112817
extended on the sale of tangible personal property or services, if	112818
the amount is separately stated on the invoice, bill of sale, or	112819
similar document given to the purchaser;	112820

(iii) Any taxes legally imposed directly on the consumer that	112821
are separately stated on the invoice, bill of sale, or similar	112822
document given to the consumer. For the purpose of this division,	112823
the tax imposed under Chapter 5751. of the Revised Code is not a	112824
tax directly on the consumer, even if the tax or a portion thereof	112825
is separately stated.	112826

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	112827
section, any discount allowed by an automobile manufacturer to its	112828
employee, or to the employee of a supplier, on the purchase of a	112829
new motor vehicle from a new motor vehicle dealer in this state.	112830

(v) The dollar value of a gift card that is not sold by a	112831
vendor or purchased by a consumer and that is redeemed by the	112832
consumer in purchasing tangible personal property or services if	112833
the vendor is not reimbursed and does not receive compensation	112834
from a third party to cover all or part of the gift card value.	112835
For the purposes of this division, a gift card is not sold by a	112836
vendor or purchased by a consumer if it is distributed pursuant to	112837
an awards, loyalty, or promotional program. Past and present	112838
purchases of tangible personal property or services by the	112839
consumer shall not be treated as consideration exchanged for a	112840
gift card.	112841

(2) In the case of a sale of any new motor vehicle by a new	112842
motor vehicle dealer, as defined in section 4517.01 of the Revised	112843
Code, in which another motor vehicle is accepted by the dealer as	112844
part of the consideration received, "price" has the same meaning	112845
as in division (H)(1) of this section, reduced by the credit	112846
afforded the consumer by the dealer for the motor vehicle received	112847
in trade.	112848

(3) In the case of a sale of any watercraft or outboard motor	112849
by a watercraft dealer licensed in accordance with section	112850
1547.543 of the Revised Code, in which another watercraft,	112851
watercraft and trailer, or outboard motor is accepted by the	112852
dealer as part of the consideration received, "price" has the same	112853
meaning as in division (H)(1) of this section, reduced by the	112854
credit afforded the consumer by the dealer for the watercraft,	112855
watercraft and trailer, or outboard motor received in trade. As	112856
used in this division, "watercraft" includes an outdrive unit	112857
attached to the watercraft.	112858

(4) In the case of transactions for health care services	112859
under division (B)(11) of this section, "price" means the amount	112860
of managed care premiums received each month by a medicaid health	112861
insuring corporation.	112862

(I) "Receipts" means the total amount of the prices of the	112863
sales of vendors, provided that the dollar value of gift cards	112864
distributed pursuant to an awards, loyalty, or promotional	112865
program, and cash discounts allowed and taken on sales at the time	112866
they are consummated are not included, minus any amount deducted	112867
as a bad debt pursuant to section 5739.121 of the Revised Code.	112868
"Receipts" does not include the sale price of property returned or	112869
services rejected by consumers when the full sale price and tax	112870
are refunded either in cash or by credit.	112871

(J) "Place of business" means any location at which a person	112872
engages in business.	112873

(K) "Premises" includes any real property or portion thereof	112874
upon which any person engages in selling tangible personal	112875
property at retail or making retail sales and also includes any	112876
real property or portion thereof designated for, or devoted to,	112877
use in conjunction with the business engaged in by such person.	112878

(L) "Casual sale" means a sale of an item of tangible	112879
personal property that was obtained by the person making the sale,	112880
through purchase or otherwise, for the person's own use and was	112881
previously subject to any state's taxing jurisdiction on its sale	112882
or use, and includes such items acquired for the seller's use that	112883
are sold by an auctioneer employed directly by the person for such	112884
purpose, provided the location of such sales is not the	112885
auctioneer's permanent place of business. As used in this	112886
division, "permanent place of business" includes any location	112887
where such auctioneer has conducted more than two auctions during	112888
the year.	112889

(M) "Hotel" means every establishment kept, used, maintained,	112890
advertised, or held out to the public to be a place where sleeping	112891
accommodations are offered to guests, in which five or more rooms	112892
are used for the accommodation of such guests, whether the rooms	112893
are in one or several structures, except as otherwise provided in	112894
division (G) of section 5739.09 of the Revised Code.	112895

(N) "Transient guests" means persons occupying a room or	112896
rooms for sleeping accommodations for less than thirty consecutive	112897
days.	112898

(O) "Making retail sales" means the effecting of transactions	112899
wherein one party is obligated to pay the price and the other	112900
party is obligated to provide a service or to transfer title to or	112901
possession of the item sold. "Making retail sales" does not	112902
include the preliminary acts of promoting or soliciting the retail	112903
sales, other than the distribution of printed matter which	112904
displays or describes and prices the item offered for sale, nor	112905
does it include delivery of a predetermined quantity of tangible	112906
personal property or transportation of property or personnel to or	112907
from a place where a service is performed.	112908

(P) "Used directly in the rendition of a public utility	112909
service" means that property that is to be incorporated into and	112910
will become a part of the consumer's production, transmission,	112911
transportation, or distribution system and that retains its	112912
classification as tangible personal property after such	112913
incorporation; fuel or power used in the production, transmission,	112914
transportation, or distribution system; and tangible personal	112915
property used in the repair and maintenance of the production,	112916
transmission, transportation, or distribution system, including	112917
only such motor vehicles as are specially designed and equipped	112918
for such use. Tangible personal property and services used	112919
primarily in providing highway transportation for hire are not	112920
used directly in the rendition of a public utility service. In	112921
this definition, "public utility" includes a citizen of the United	112922
States holding, and required to hold, a certificate of public	112923
convenience and necessity issued under 49 U.S.C. 41102.	112924

(Q) "Refining" means removing or separating a desirable	112925
product from raw or contaminated materials by distillation or	112926
physical, mechanical, or chemical processes.	112927

(R) "Assembly" and "assembling" mean attaching or fitting	112928
together parts to form a product, but do not include packaging a	112929
product.	112930

(S) "Manufacturing operation" means a process in which	112931
materials are changed, converted, or transformed into a different	112932
state or form from which they previously existed and includes	112933
refining materials, assembling parts, and preparing raw materials	112934
and parts by mixing, measuring, blending, or otherwise committing	112935
such materials or parts to the manufacturing process.	112936
"Manufacturing operation" does not include packaging.	112937

(T) "Fiscal officer" means, with respect to a regional	112938
transit authority, the secretary-treasurer thereof, and with	112939
respect to a county that is a transit authority, the fiscal	112940
officer of the county transit board if one is appointed pursuant	112941
to section 306.03 of the Revised Code or the county auditor if the	112942
board of county commissioners operates the county transit system.	112943

(U) "Transit authority" means a regional transit authority	112944
created pursuant to section 306.31 of the Revised Code or a county	112945
in which a county transit system is created pursuant to section	112946
306.01 of the Revised Code. For the purposes of this chapter, a	112947
transit authority must extend to at least the entire area of a	112948
single county. A transit authority that includes territory in more	112949
than one county must include all the area of the most populous	112950
county that is a part of such transit authority. County population	112951
shall be measured by the most recent census taken by the United	112952
States census bureau.	112953

(V) "Legislative authority" means, with respect to a regional	112954
transit authority, the board of trustees thereof, and with respect	112955
to a county that is a transit authority, the board of county	112956
commissioners.	112957

(W) "Territory of the transit authority" means all of the	112958
area included within the territorial boundaries of a transit	112959
authority as they from time to time exist. Such territorial	112960
boundaries must at all times include all the area of a single	112961
county or all the area of the most populous county that is a part	112962
of such transit authority. County population shall be measured by	112963
the most recent census taken by the United States census bureau.	112964

(X) "Providing a service" means providing or furnishing	112965
anything described in division (B)(3) of this section for	112966
consideration.	112967

(Y)(1)(a) "Automatic data processing" means processing of	112968
others' data, including keypunching or similar data entry services	112969
together with verification thereof, or providing access to	112970
computer equipment for the purpose of processing data.	112971

(b) "Computer services" means providing services consisting	112972
of specifying computer hardware configurations and evaluating	112973
technical processing characteristics, computer programming, and	112974
training of computer programmers and operators, provided in	112975
conjunction with and to support the sale, lease, or operation of	112976
taxable computer equipment or systems.	112977

(c) "Electronic information services" means providing access	112978
to computer equipment by means of telecommunications equipment for	112979
the purpose of either of the following:	112980

(i) Examining or acquiring data stored in or accessible to	112981
the computer equipment;	112982

(ii) Placing data into the computer equipment to be retrieved	112983
by designated recipients with access to the computer equipment.	112984

For transactions occurring on or after the effective date of	112985
the amendment of this section by H.B. 157 of the 127th general	112986
assembly, December 21, 2007, "electronic information services"	112987
does not include electronic publishing as defined in division	112988
(LLL) of this section.	112989

(d) "Automatic data processing, computer services, or	112990
electronic information services" shall not include personal or	112991
professional services.	112992

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	112993
section, "personal and professional services" means all services	112994
other than automatic data processing, computer services, or	112995
electronic information services, including but not limited to:	112996

(a) Accounting and legal services such as advice on tax	112997
matters, asset management, budgetary matters, quality control,	112998
information security, and auditing and any other situation where	112999
the service provider receives data or information and studies,	113000
alters, analyzes, interprets, or adjusts such material;	113001

(b) Analyzing business policies and procedures;

113002

113003

(d) Feasibility studies, including economic and technical	113004
analysis of existing or potential computer hardware or software	113005
needs and alternatives;	113006

(e) Designing policies, procedures, and custom software for	113007
collecting business information, and determining how data should	113008
be summarized, sequenced, formatted, processed, controlled, and	113009
reported so that it will be meaningful to management;	113010

(f) Developing policies and procedures that document how	113011
business events and transactions are to be authorized, executed,	113012
and controlled;	113013

(g) Testing of business procedures;

113014

(h) Training personnel in business procedure applications;

113015

(i) Providing credit information to users of such information	113016
by a consumer reporting agency, as defined in the "Fair Credit	113017
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	113018
as hereafter amended, including but not limited to gathering,	113019
organizing, analyzing, recording, and furnishing such information	113020
by any oral, written, graphic, or electronic medium;	113021

(j) Providing debt collection services by any oral, written,	113022
graphic, or electronic means.	113023

The services listed in divisions (Y)(2)(a) to (j) of this	113024
section are not automatic data processing or computer services.	113025

(Z) "Highway transportation for hire" means the	113026
transportation of personal property belonging to others for	113027
consideration by any of the following:	113028

(1) The holder of a permit or certificate issued by this	113029
state or the United States authorizing the holder to engage in	113030
transportation of personal property belonging to others for	113031
consideration over or on highways, roadways, streets, or any	113032
similar public thoroughfare;	113033

(2) A person who engages in the transportation of personal	113034
property belonging to others for consideration over or on	113035
highways, roadways, streets, or any similar public thoroughfare	113036
but who could not have engaged in such transportation on December	113037
11, 1985, unless the person was the holder of a permit or	113038
certificate of the types described in division (Z)(1) of this	113039
section;	113040

(3) A person who leases a motor vehicle to and operates it	113041
for a person described by division (Z)(1) or (2) of this section.	113042

(AA)(1) "Telecommunications service" means the electronic	113043
transmission, conveyance, or routing of voice, data, audio, video,	113044
or any other information or signals to a point, or between or	113045
among points. "Telecommunications service" includes such	113046
transmission, conveyance, or routing in which computer processing	113047
applications are used to act on the form, code, or protocol of the	113048
content for purposes of transmission, conveyance, or routing	113049
without regard to whether the service is referred to as voice-over	113050
internet protocol service or is classified by the federal	113051
communications commission as enhanced or value-added.	113052
"Telecommunications service" does not include any of the	113053
following:	113054

(a) Data processing and information services that allow data	113055
to be generated, acquired, stored, processed, or retrieved and	113056
delivered by an electronic transmission to a consumer where the	113057
consumer's primary purpose for the underlying transaction is the	113058
processed data or information;	113059

(b) Installation or maintenance of wiring or equipment on a	113060
customer's premises;	113061

113062

(d) Advertising, including directory advertising;

113063

(e) Billing and collection services provided to third	113064
parties;	113065

(f) Internet access service;

113066

(g) Radio and television audio and video programming	113067
services, regardless of the medium, including the furnishing of	113068
transmission, conveyance, and routing of such services by the	113069
programming service provider. Radio and television audio and video	113070
programming services include, but are not limited to, cable	113071
service, as defined in 47 U.S.C. 522(6), and audio and video	113072
programming services delivered by commercial mobile radio service	113073
providers, as defined in 47 C.F.R. 20.3;	113074

(h) Ancillary service;

113075

(i) Digital products delivered electronically, including	113076
software, music, video, reading materials, or ring tones.	113077

(2) "Ancillary service" means a service that is associated	113078
with or incidental to the provision of telecommunications service,	113079
including conference bridging service, detailed telecommunications	113080
billing service, directory assistance, vertical service, and voice	113081
mail service. As used in this division:	113082

(a) "Conference bridging service" means an ancillary service	113083
that links two or more participants of an audio or video	113084
conference call, including providing a telephone number.	113085
"Conference bridging service" does not include telecommunications	113086
services used to reach the conference bridge.	113087

(b) "Detailed telecommunications billing service" means an	113088
ancillary service of separately stating information pertaining to	113089
individual calls on a customer's billing statement.	113090

(c) "Directory assistance" means an ancillary service of	113091
providing telephone number or address information.	113092

(d) "Vertical service" means an ancillary service that is	113093
offered in connection with one or more telecommunications	113094
services, which offers advanced calling features that allow	113095
customers to identify callers and manage multiple calls and call	113096
connections, including conference bridging service.	113097

(e) "Voice mail service" means an ancillary service that	113098
enables the customer to store, send, or receive recorded messages.	113099
"Voice mail service" does not include any vertical services that	113100
the customer may be required to have in order to utilize the voice	113101
mail service.	113102

(3) "900 service" means an inbound toll telecommunications	113103
service purchased by a subscriber that allows the subscriber's	113104
customers to call in to the subscriber's prerecorded announcement	113105
or live service, and which is typically marketed under the name	113106
"900" service" and any subsequent numbers designated by the	113107
federal communications commission. "900 service" does not include	113108
the charge for collection services provided by the seller of the	113109
telecommunications service to the subscriber, or services or	113110
products sold by the subscriber to the subscriber's customer.	113111

(4) "Prepaid calling service" means the right to access	113112
exclusively telecommunications services, which must be paid for in	113113
advance and which enables the origination of calls using an access	113114
number or authorization code, whether manually or electronically	113115
dialed, and that is sold in predetermined units or dollars of	113116
which the number declines with use in a known amount.	113117

(5) "Prepaid wireless calling service" means a	113118
telecommunications service that provides the right to utilize	113119
mobile telecommunications service as well as other	113120
non-telecommunications services, including the download of digital	113121
products delivered electronically, and content and ancillary	113122
services, that must be paid for in advance and that is sold in	113123
predetermined units or dollars of which the number declines with	113124
use in a known amount.	113125

(6) "Value-added non-voice data service" means a	113126
telecommunications service in which computer processing	113127
applications are used to act on the form, content, code, or	113128
protocol of the information or data primarily for a purpose other	113129
than transmission, conveyance, or routing.	113130

(7) "Coin-operated telephone service" means a	113131
telecommunications service paid for by inserting money into a	113132
telephone accepting direct deposits of money to operate.	113133

(8) "Customer" has the same meaning as in section 5739.034 of	113134
the Revised Code.	113135

(BB) "Laundry and dry cleaning services" means removing soil	113136
or dirt from towels, linens, articles of clothing, or other fabric	113137
items that belong to others and supplying towels, linens, articles	113138
of clothing, or other fabric items. "Laundry and dry cleaning	113139
services" does not include the provision of self-service	113140
facilities for use by consumers to remove soil or dirt from	113141
towels, linens, articles of clothing, or other fabric items.	113142

(CC) "Magazines distributed as controlled circulation	113143
publications" means magazines containing at least twenty-four	113144
pages, at least twenty-five per cent editorial content, issued at	113145
regular intervals four or more times a year, and circulated	113146
without charge to the recipient, provided that such magazines are	113147
not owned or controlled by individuals or business concerns which	113148
conduct such publications as an auxiliary to, and essentially for	113149
the advancement of the main business or calling of, those who own	113150
or control them.	113151

(DD) "Landscaping and lawn care service" means the services	113152
of planting, seeding, sodding, removing, cutting, trimming,	113153
pruning, mulching, aerating, applying chemicals, watering,	113154
fertilizing, and providing similar services to establish, promote,	113155
or control the growth of trees, shrubs, flowers, grass, ground	113156
cover, and other flora, or otherwise maintaining a lawn or	113157
landscape grown or maintained by the owner for ornamentation or	113158
other nonagricultural purpose. However, "landscaping and lawn care	113159
service" does not include the providing of such services by a	113160
person who has less than five thousand dollars in sales of such	113161
services during the calendar year.	113162

(EE) "Private investigation and security service" means the	113163
performance of any activity for which the provider of such service	113164
is required to be licensed pursuant to Chapter 4749. of the	113165
Revised Code, or would be required to be so licensed in performing	113166
such services in this state, and also includes the services of	113167
conducting polygraph examinations and of monitoring or overseeing	113168
the activities on or in, or the condition of, the consumer's home,	113169
business, or other facility by means of electronic or similar	113170
monitoring devices. "Private investigation and security service"	113171
does not include special duty services provided by off-duty police	113172
officers, deputy sheriffs, and other peace officers regularly	113173
employed by the state or a political subdivision.	113174

(FF) "Information services" means providing conversation,	113175
giving consultation or advice, playing or making a voice or other	113176
recording, making or keeping a record of the number of callers,	113177
and any other service provided to a consumer by means of a nine	113178
hundred telephone call, except when the nine hundred telephone	113179
call is the means by which the consumer makes a contribution to a	113180
recognized charity.	113181

(GG) "Research and development" means designing, creating, or	113182
formulating new or enhanced products, equipment, or manufacturing	113183
processes, and also means conducting scientific or technological	113184
inquiry and experimentation in the physical sciences with the goal	113185
of increasing scientific knowledge which may reveal the bases for	113186
new or enhanced products, equipment, or manufacturing processes.	113187

(HH) "Qualified research and development equipment" means	113188
capitalized tangible personal property, and leased personal	113189
property that would be capitalized if purchased, used by a person	113190
primarily to perform research and development. Tangible personal	113191
property primarily used in testing, as defined in division (A)(4)	113192
of section 5739.011 of the Revised Code, or used for recording or	113193
storing test results, is not qualified research and development	113194
equipment unless such property is primarily used by the consumer	113195
in testing the product, equipment, or manufacturing process being	113196
created, designed, or formulated by the consumer in the research	113197
and development activity or in recording or storing such test	113198
results.	113199

(II) "Building maintenance and janitorial service" means	113200
cleaning the interior or exterior of a building and any tangible	113201
personal property located therein or thereon, including any	113202
services incidental to such cleaning for which no separate charge	113203
is made. However, "building maintenance and janitorial service"	113204
does not include the providing of such service by a person who has	113205
less than five thousand dollars in sales of such service during	113206
the calendar year.	113207

(JJ) "Employment service" means providing or supplying	113208
personnel, on a temporary or long-term basis, to perform work or	113209
labor under the supervision or control of another, when the	113210
personnel so provided or supplied receive their wages, salary, or	113211
other compensation from the provider or supplier of the employment	113212
service or from a third party that provided or supplied the	113213
personnel to the provider or supplier. "Employment service" does	113214
not include:	113215

(1) Acting as a contractor or subcontractor, where the	113216
personnel performing the work are not under the direct control of	113217
the purchaser.	113218

(2) Medical and health care services.

113219

(3) Supplying personnel to a purchaser pursuant to a contract	113220
of at least one year between the service provider and the	113221
purchaser that specifies that each employee covered under the	113222
contract is assigned to the purchaser on a permanent basis.	113223

(4) Transactions between members of an affiliated group, as	113224
defined in division (B)(3)(e) of this section.	113225

(5) Transactions where the personnel so provided or supplied	113226
by a provider or supplier to a purchaser of an employment service	113227
are then provided or supplied by that purchaser to a third party	113228
as an employment service, except "employment service" does include	113229
the transaction between that purchaser and the third party.	113230

(KK) "Employment placement service" means locating or finding	113231
employment for a person or finding or locating an employee to fill	113232
an available position.	113233

(LL) "Exterminating service" means eradicating or attempting	113234
to eradicate vermin infestations from a building or structure, or	113235
the area surrounding a building or structure, and includes	113236
activities to inspect, detect, or prevent vermin infestation of a	113237
building or structure.	113238

(MM) "Physical fitness facility service" means all	113239
transactions by which a membership is granted, maintained, or	113240
renewed, including initiation fees, membership dues, renewal fees,	113241
monthly minimum fees, and other similar fees and dues, by a	113242
physical fitness facility such as an athletic club, health spa, or	113243
gymnasium, which entitles the member to use the facility for	113244
physical exercise.	113245

(NN) "Recreation and sports club service" means all	113246
transactions by which a membership is granted, maintained, or	113247
renewed, including initiation fees, membership dues, renewal fees,	113248
monthly minimum fees, and other similar fees and dues, by a	113249
recreation and sports club, which entitles the member to use the	113250
facilities of the organization. "Recreation and sports club" means	113251
an organization that has ownership of, or controls or leases on a	113252
continuing, long-term basis, the facilities used by its members	113253
and includes an aviation club, gun or shooting club, yacht club,	113254
card club, swimming club, tennis club, golf club, country club,	113255
riding club, amateur sports club, or similar organization.	113256

(OO) "Livestock" means farm animals commonly raised for food,	113257
food production, or other agricultural purposes, including, but	113258
not limited to, cattle, sheep, goats, swine, poultry, and captive	113259
deer. "Livestock" does not include invertebrates, amphibians,	113260
reptiles, domestic pets, animals for use in laboratories or for	113261
exhibition, or other animals not commonly raised for food or food	113262
production.	113263

(PP) "Livestock structure" means a building or structure used	113264
exclusively for the housing, raising, feeding, or sheltering of	113265
livestock, and includes feed storage or handling structures and	113266
structures for livestock waste handling.	113267

(QQ) "Horticulture" means the growing, cultivation, and	113268
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	113269
and nursery stock. As used in this division, "nursery stock" has	113270
the same meaning as in section 927.51 of the Revised Code.	113271

(RR) "Horticulture structure" means a building or structure	113272
used exclusively for the commercial growing, raising, or	113273
overwintering of horticultural products, and includes the area	113274
used for stocking, storing, and packing horticultural products	113275
when done in conjunction with the production of those products.	113276

(SS) "Newspaper" means an unbound publication bearing a title	113277
or name that is regularly published, at least as frequently as	113278
biweekly, and distributed from a fixed place of business to the	113279
public in a specific geographic area, and that contains a	113280
substantial amount of news matter of international, national, or	113281
local events of interest to the general public.	113282

(TT) "Professional racing team" means a person that employs	113283
at least twenty full-time employees for the purpose of conducting	113284
a motor vehicle racing business for profit. The person must	113285
conduct the business with the purpose of racing one or more motor	113286
racing vehicles in at least ten competitive professional racing	113287
events each year that comprise all or part of a motor racing	113288
series sanctioned by one or more motor racing sanctioning	113289
organizations. A "motor racing vehicle" means a vehicle for which	113290
the chassis, engine, and parts are designed exclusively for motor	113291
racing, and does not include a stock or production model vehicle	113292
that may be modified for use in racing. For the purposes of this	113293
division:	113294

(1) A "competitive professional racing event" is a motor	113295
vehicle racing event sanctioned by one or more motor racing	113296
sanctioning organizations, at which aggregate cash prizes in	113297
excess of eight hundred thousand dollars are awarded to the	113298
competitors.	113299

(2) "Full-time employee" means an individual who is employed	113300
for consideration for thirty-five or more hours a week, or who	113301
renders any other standard of service generally accepted by custom	113302
or specified by contract as full-time employment.	113303

(UU)(1) "Lease" or "rental" means any transfer of the	113304
possession or control of tangible personal property for a fixed or	113305
indefinite term, for consideration. "Lease" or "rental" includes	113306
future options to purchase or extend, and agreements described in	113307
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	113308
the amount of consideration may be increased or decreased by	113309
reference to the amount realized upon the sale or disposition of	113310
the property. "Lease" or "rental" does not include:	113311

(a) A transfer of possession or control of tangible personal	113312
property under a security agreement or a deferred payment plan	113313
that requires the transfer of title upon completion of the	113314
required payments;	113315

(b) A transfer of possession or control of tangible personal	113316
property under an agreement that requires the transfer of title	113317
upon completion of required payments and payment of an option	113318
price that does not exceed the greater of one hundred dollars or	113319
one per cent of the total required payments;	113320

(c) Providing tangible personal property along with an	113321
operator for a fixed or indefinite period of time, if the operator	113322
is necessary for the property to perform as designed. For purposes	113323
of this division, the operator must do more than maintain,	113324
inspect, or ~~set-up~~set up the tangible personal property.	113325

(2) "Lease" and "rental," as defined in division (UU) of this	113326
section, shall not apply to leases or rentals that exist before	113327
June 26, 2003.	113328

(3) "Lease" and "rental" have the same meaning as in division	113329
(UU)(1) of this section regardless of whether a transaction is	113330
characterized as a lease or rental under generally accepted	113331
accounting principles, the Internal Revenue Code, Title XIII of	113332
the Revised Code, or other federal, state, or local laws.	113333

(VV) "Mobile telecommunications service" has the same meaning	113334
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	113335
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	113336
on and after August 1, 2003, includes related fees and ancillary	113337
services, including universal service fees, detailed billing	113338
service, directory assistance, service initiation, voice mail	113339
service, and vertical services, such as caller ID and three-way	113340
calling.	113341

(WW) "Certified service provider" has the same meaning as in	113342
section 5740.01 of the Revised Code.	113343

(XX) "Satellite broadcasting service" means the distribution	113344
or broadcasting of programming or services by satellite directly	113345
to the subscriber's receiving equipment without the use of ground	113346
receiving or distribution equipment, except the subscriber's	113347
receiving equipment or equipment used in the uplink process to the	113348
satellite, and includes all service and rental charges, premium	113349
channels or other special services, installation and repair	113350
service charges, and any other charges having any connection with	113351
the provision of the satellite broadcasting service.	113352

(YY) "Tangible personal property" means personal property	113353
that can be seen, weighed, measured, felt, or touched, or that is	113354
in any other manner perceptible to the senses. For purposes of	113355
this chapter and Chapter 5741. of the Revised Code, "tangible	113356
personal property" includes motor vehicles, electricity, water,	113357
gas, steam, and prewritten computer software.	113358

(ZZ) "Direct mail" means printed material delivered or	113359
distributed by United States mail or other delivery service to a	113360
mass audience or to addressees on a mailing list provided by the	113361
consumer or at the direction of the consumer when the cost of the	113362
items are not billed directly to the recipients. "Direct mail"	113363
includes tangible personal property supplied directly or	113364
indirectly by the consumer to the direct mail vendor for inclusion	113365
in the package containing the printed material. "Direct mail" does	113366
not include multiple items of printed material delivered to a	113367
single address.	113368

(AAA) "Computer" means an electronic device that accepts	113369
information in digital or similar form and manipulates it for a	113370
result based on a sequence of instructions.	113371

(BBB) "Computer software" means a set of coded instructions	113372
designed to cause a computer or automatic data processing	113373
equipment to perform a task.	113374

(CCC) "Delivered electronically" means delivery of computer	113375
software from the seller to the purchaser by means other than	113376
tangible storage media.	113377

(DDD) "Prewritten computer software" means computer software,	113378
including prewritten upgrades, that is not designed and developed	113379
by the author or other creator to the specifications of a specific	113380
purchaser. The combining of two or more prewritten computer	113381
software programs or prewritten portions thereof does not cause	113382
the combination to be other than prewritten computer software.	113383
"Prewritten computer software" includes software designed and	113384
developed by the author or other creator to the specifications of	113385
a specific purchaser when it is sold to a person other than the	113386
purchaser. If a person modifies or enhances computer software of	113387
which the person is not the author or creator, the person shall be	113388
deemed to be the author or creator only of such person's	113389
modifications or enhancements. Prewritten computer software or a	113390
prewritten portion thereof that is modified or enhanced to any	113391
degree, where such modification or enhancement is designed and	113392
developed to the specifications of a specific purchaser, remains	113393
prewritten computer software; provided, however, that where there	113394
is a reasonable, separately stated charge or an invoice or other	113395
statement of the price given to the purchaser for the modification	113396
or enhancement, the modification or enhancement shall not	113397
constitute prewritten computer software.	113398

(EEE)(1) "Food" means substances, whether in liquid,	113399
concentrated, solid, frozen, dried, or dehydrated form, that are	113400
sold for ingestion or chewing by humans and are consumed for their	113401
taste or nutritional value. "Food" does not include alcoholic	113402
beverages, dietary supplements, soft drinks, or tobacco.	113403

(2) As used in division (EEE)(1) of this section:

113404

(a) "Alcoholic beverages" means beverages that are suitable	113405
for human consumption and contain one-half of one per cent or more	113406
of alcohol by volume.	113407

(b) "Dietary supplements" means any product, other than	113408
tobacco, that is intended to supplement the diet and that is	113409
intended for ingestion in tablet, capsule, powder, softgel,	113410
gelcap, or liquid form, or, if not intended for ingestion in such	113411
a form, is not represented as conventional food for use as a sole	113412
item of a meal or of the diet; that is required to be labeled as a	113413
dietary supplement, identifiable by the "supplement facts" box	113414
found on the label, as required by 21 C.F.R. 101.36; and that	113415
contains one or more of the following dietary ingredients:	113416

(i) A vitamin;

113417

(ii) A mineral;

113418

(iii) An herb or other botanical;

113419

(iv) An amino acid;

113420

(v) A dietary substance for use by humans to supplement the	113421
diet by increasing the total dietary intake;	113422

(vi) A concentrate, metabolite, constituent, extract, or	113423
combination of any ingredient described in divisions	113424
(EEE)(2)(b)(i) to (v) of this section.	113425

(c) "Soft drinks" means nonalcoholic beverages that contain	113426
natural or artificial sweeteners. "Soft drinks" does not include	113427
beverages that contain milk or milk products, soy, rice, or	113428
similar milk substitutes, or that contains greater than fifty per	113429
cent vegetable or fruit juice by volume.	113430

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	113431
tobacco, or any other item that contains tobacco.	113432

(FFF) "Drug" means a compound, substance, or preparation, and	113433
any component of a compound, substance, or preparation, other than	113434
food, dietary supplements, or alcoholic beverages that is	113435
recognized in the official United States pharmacopoeia, official	113436
homeopathic pharmacopoeia of the United States, or official	113437
national formulary, and supplements to them; is intended for use	113438
in the diagnosis, cure, mitigation, treatment, or prevention of	113439
disease; or is intended to affect the structure or any function of	113440
the body.	113441

(GGG) "Prescription" means an order, formula, or recipe	113442
issued in any form of oral, written, electronic, or other means of	113443
transmission by a duly licensed practitioner authorized by the	113444
laws of this state to issue a prescription.	113445

(HHH) "Durable medical equipment" means equipment, including	113446
repair and replacement parts for such equipment, that can	113447
withstand repeated use, is primarily and customarily used to serve	113448
a medical purpose, generally is not useful to a person in the	113449
absence of illness or injury, and is not worn in or on the body.	113450
"Durable medical equipment" does not include mobility enhancing	113451
equipment.	113452

(III) "Mobility enhancing equipment" means equipment,	113453
including repair and replacement parts for such equipment, that is	113454
primarily and customarily used to provide or increase the ability	113455
to move from one place to another and is appropriate for use	113456
either in a home or a motor vehicle, that is not generally used by	113457
persons with normal mobility, and that does not include any motor	113458
vehicle or equipment on a motor vehicle normally provided by a	113459
motor vehicle manufacturer. "Mobility enhancing equipment" does	113460
not include durable medical equipment.	113461

(JJJ) "Prosthetic device" means a replacement, corrective, or	113462
supportive device, including repair and replacement parts for the	113463
device, worn on or in the human body to artificially replace a	113464
missing portion of the body, prevent or correct physical deformity	113465
or malfunction, or support a weak or deformed portion of the body.	113466
As used in this division, "prosthetic device" does not include	113467
corrective eyeglasses, contact lenses, or dental prosthesis.	113468

(KKK)(1) "Fractional aircraft ownership program" means a	113469
program in which persons within an affiliated group sell and	113470
manage fractional ownership program aircraft, provided that at	113471
least one hundred airworthy aircraft are operated in the program	113472
and the program meets all of the following criteria:	113473

(a) Management services are provided by at least one program	113474
manager within an affiliated group on behalf of the fractional	113475
owners.	113476

(b) Each program aircraft is owned or possessed by at least	113477
one fractional owner.	113478

(c) Each fractional owner owns or possesses at least a	113479
one-sixteenth interest in at least one fixed-wing program	113480
aircraft.	113481

(d) A dry-lease aircraft interchange arrangement is in effect	113482
among all of the fractional owners.	113483

(e) Multi-year program agreements are in effect regarding the	113484
fractional ownership, management services, and dry-lease aircraft	113485
interchange arrangement aspects of the program.	113486

(2) As used in division (KKK)(1) of this section:

113487

(a) "Affiliated group" has the same meaning as in division	113488
(B)(3)(e) of this section.	113489

(b) "Fractional owner" means a person that owns or possesses	113490
at least a one-sixteenth interest in a program aircraft and has	113491
entered into the agreements described in division (KKK)(1)(e) of	113492
this section.	113493

(c) "Fractional ownership program aircraft" or "program	113494
aircraft" means a turbojet aircraft that is owned or possessed by	113495
a fractional owner and that has been included in a dry-lease	113496
aircraft interchange arrangement and agreement under divisions	113497
(KKK)(1)(d) and (e) of this section, or an aircraft a program	113498
manager owns or possesses primarily for use in a fractional	113499
aircraft ownership program.	113500

(d) "Management services" means administrative and aviation	113501
support services furnished under a fractional aircraft ownership	113502
program in accordance with a management services agreement under	113503
division (KKK)(1)(e) of this section, and offered by the program	113504
manager to the fractional owners, including, at a minimum, the	113505
establishment and implementation of safety guidelines; the	113506
coordination of the scheduling of the program aircraft and crews;	113507
program aircraft maintenance; program aircraft insurance; crew	113508
training for crews employed, furnished, or contracted by the	113509
program manager or the fractional owner; the satisfaction of	113510
record-keeping requirements; and the development and use of an	113511
operations manual and a maintenance manual for the fractional	113512
aircraft ownership program.	113513

(e) "Program manager" means the person that offers management	113514
services to fractional owners pursuant to a management services	113515
agreement under division (KKK)(1)(e) of this section.	113516

(LLL) "Electronic publishing" means providing access to one	113517
or more of the following primarily for business customers,	113518
including the federal government or a state government or a	113519
political subdivision thereof, to conduct research: news;	113520
business, financial, legal, consumer, or credit materials;	113521
editorials, columns, reader commentary, or features; photos or	113522
images; archival or research material; legal notices, identity	113523
verification, or public records; scientific, educational,	113524
instructional, technical, professional, trade, or other literary	113525
materials; or other similar information which has been gathered	113526
and made available by the provider to the consumer in an	113527
electronic format. Providing electronic publishing includes the	113528
functions necessary for the acquisition, formatting, editing,	113529
storage, and dissemination of data or information that is the	113530
subject of a sale.	113531

(MMM) "Medicaid health insuring corporation" means a health	113532
insuring corporation that holds a certificate of authority under	113533
Chapter 1751. of the Revised Code and is under contract with the	113534
department of job and family services pursuant to section 5111.17	113535
of the Revised Code.	113536

(NNN) "Managed care premium" means any premium, capitation,	113537
or other payment a medicaid health insuring corporation receives	113538
for providing or arranging for the provision of health care	113539
services to its members or enrollees residing in this state.	113540

(OOO) "Captive deer" means deer and other cervidae that have	113541
been legally acquired, or their offspring, that are privately	113542
owned for agricultural or farming purposes.	113543

(PPP) "Gift card" means a document, card, certificate, or	113544
other record, whether tangible or intangible, that may be redeemed	113545
by a consumer for a dollar value when making a purchase of	113546
tangible personal property or services.	113547

(QQQ) "Hotel intermediary" means a person, other than a	113548
hotel, that contracts with hotels to sell reservations for lodging	113549
at such hotels to transient guests.	113550

Sec. 5739.02. For the purpose of providing revenue with	113551
which to meet the needs of the state, for the use of the general	113552
revenue fund of the state, for the purpose of securing a thorough	113553
and efficient system of common schools throughout the state, for	113554
the purpose of affording revenues, in addition to those from	113555
general property taxes, permitted under constitutional	113556
limitations, and from other sources, for the support of local	113557
governmental functions, and for the purpose of reimbursing the	113558
state for the expense of administering this chapter, an excise tax	113559
is hereby levied on each retail sale made in this state.	113560

(A)(1) The tax shall be collected as provided in section	113561
5739.025 of the Revised Code. The rate of the tax shall be five	113562
and one-half per cent. The tax applies and is collectible when the	113563
sale is made, regardless of the time when the price is paid or	113564
delivered.	113565

(2) In the case of the lease or rental, with a fixed term of	113566
more than thirty days or an indefinite term with a minimum period	113567
of more than thirty days, of any motor vehicles designed by the	113568
manufacturer to carry a load of not more than one ton, watercraft,	113569
outboard motor, or aircraft, or of any tangible personal property,	113570
other than motor vehicles designed by the manufacturer to carry a	113571
load of more than one ton, to be used by the lessee or renter	113572
primarily for business purposes, the tax shall be collected by the	113573
vendor at the time the lease or rental is consummated and shall be	113574
calculated by the vendor on the basis of the total amount to be	113575
paid by the lessee or renter under the lease agreement. If the	113576
total amount of the consideration for the lease or rental includes	113577
amounts that are not calculated at the time the lease or rental is	113578
executed, the tax shall be calculated and collected by the vendor	113579
at the time such amounts are billed to the lessee or renter. In	113580
the case of an open-end lease or rental, the tax shall be	113581
calculated by the vendor on the basis of the total amount to be	113582
paid during the initial fixed term of the lease or rental, and for	113583
each subsequent renewal period as it comes due. As used in this	113584
division, "motor vehicle" has the same meaning as in section	113585
4501.01 of the Revised Code, and "watercraft" includes an outdrive	113586
unit attached to the watercraft.	113587

A lease with a renewal clause and a termination penalty or	113588
similar provision that applies if the renewal clause is not	113589
exercised is presumed to be a sham transaction. In such a case,	113590
the tax shall be calculated and paid on the basis of the entire	113591
length of the lease period, including any renewal periods, until	113592
the termination penalty or similar provision no longer applies.	113593
The taxpayer shall bear the burden, by a preponderance of the	113594
evidence, that the transaction or series of transactions is not a	113595
sham transaction.	113596

(3) Except as provided in division (A)(2) of this section, in	113597
the case of a sale, the price of which consists in whole or in	113598
part of the lease or rental of tangible personal property, the tax	113599
shall be measured by the installments of that lease or rental.	113600

(4) In the case of a sale of a physical fitness facility	113601
service or recreation and sports club service, the price of which	113602
consists in whole or in part of a membership for the receipt of	113603
the benefit of the service, the tax applicable to the sale shall	113604
be measured by the installments thereof.	113605

(B) The tax does not apply to the following:

113606

(1) Sales to the state or any of its political subdivisions,	113607
or to any other state or its political subdivisions if the laws of	113608
that state exempt from taxation sales made to this state and its	113609
political subdivisions;	113610

(2) Sales of food for human consumption off the premises	113611
where sold;	113612

(3) Sales of food sold to students only in a cafeteria,	113613
dormitory, fraternity, or sorority maintained in a private,	113614
public, or parochial school, college, or university;	113615

(4) Sales of newspapers and of magazine subscriptions and	113616
sales or transfers of magazines distributed as controlled	113617
circulation publications;	113618

(5) The furnishing, preparing, or serving of meals without	113619
charge by an employer to an employee provided the employer records	113620
the meals as part compensation for services performed or work	113621
done;	113622

(6) Sales of motor fuel upon receipt, use, distribution, or	113623
sale of which in this state a tax is imposed by the law of this	113624
state, but this exemption shall not apply to the sale of motor	113625
fuel on which a refund of the tax is allowable under division (A)	113626
of section 5735.14 of the Revised Code; and the tax commissioner	113627
may deduct the amount of tax levied by this section applicable to	113628
the price of motor fuel when granting a refund of motor fuel tax	113629
pursuant to division (A) of section 5735.14 of the Revised Code	113630
and shall cause the amount deducted to be paid into the general	113631
revenue fund of this state;	113632

(7) Sales of natural gas by a natural gas company, of water	113633
by a water-works company, or of steam by a heating company, if in	113634
each case the thing sold is delivered to consumers through pipes	113635
or conduits, and all sales of communications services by a	113636
telegraph company, all terms as defined in section 5727.01 of the	113637
Revised Code, and sales of electricity delivered through wires;	113638

(8) Casual sales by a person, or auctioneer employed directly	113639
by the person to conduct such sales, except as to such sales of	113640
motor vehicles, watercraft or outboard motors required to be	113641
titled under section 1548.06 of the Revised Code, watercraft	113642
documented with the United States coast guard, snowmobiles, and	113643
all-purpose vehicles as defined in section 4519.01 of the Revised	113644
Code;	113645

(9)(a) Sales of services or tangible personal property, other	113646
than motor vehicles, mobile homes, and manufactured homes, by	113647
churches, organizations exempt from taxation under section	113648
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	113649
organizations operated exclusively for charitable purposes as	113650
defined in division (B)(12) of this section, provided that the	113651
number of days on which such tangible personal property or	113652
services, other than items never subject to the tax, are sold does	113653
not exceed six in any calendar year, except as otherwise provided	113654
in division (B)(9)(b) of this section. If the number of days on	113655
which such sales are made exceeds six in any calendar year, the	113656
church or organization shall be considered to be engaged in	113657
business and all subsequent sales by it shall be subject to the	113658
tax. In counting the number of days, all sales by groups within a	113659
church or within an organization shall be considered to be sales	113660
of that church or organization.	113661

(b) The limitation on the number of days on which tax-exempt	113662
sales may be made by a church or organization under division	113663
(B)(9)(a) of this section does not apply to sales made by student	113664
clubs and other groups of students of a primary or secondary	113665
school, or a parent-teacher association, booster group, or similar	113666
organization that raises money to support or fund curricular or	113667
extracurricular activities of a primary or secondary school.	113668

(c) Divisions (B)(9)(a) and (b) of this section do not apply	113669
to sales by a noncommercial educational radio or television	113670
broadcasting station.	113671

(10) Sales not within the taxing power of this state under	113672
the Constitution or laws of the United States or the Constitution	113673
of this state;	113674

(11) Except for transactions that are sales under division	113675
(B)(3)(r) of section 5739.01 of the Revised Code, the	113676
transportation of persons or property, unless the transportation	113677
is by a private investigation and security service;	113678

(12) Sales of tangible personal property or services to	113679
churches, to organizations exempt from taxation under section	113680
501(c)(3) of the Internal Revenue Code of 1986, and to any other	113681
nonprofit organizations operated exclusively for charitable	113682
purposes in this state, no part of the net income of which inures	113683
to the benefit of any private shareholder or individual, and no	113684
substantial part of the activities of which consists of carrying	113685
on propaganda or otherwise attempting to influence legislation;	113686
sales to offices administering one or more homes for the aged or	113687
one or more hospital facilities exempt under section 140.08 of the	113688
Revised Code; and sales to organizations described in division (D)	113689
of section 5709.12 of the Revised Code.	113690

"Charitable purposes" means the relief of poverty; the	113691
improvement of health through the alleviation of illness, disease,	113692
or injury; the operation of an organization exclusively for the	113693
provision of professional, laundry, printing, and purchasing	113694
services to hospitals or charitable institutions; the operation of	113695
a home for the aged, as defined in section 5701.13 of the Revised	113696
Code; the operation of a radio or television broadcasting station	113697
that is licensed by the federal communications commission as a	113698
noncommercial educational radio or television station; the	113699
operation of a nonprofit animal adoption service or a county	113700
humane society; the promotion of education by an institution of	113701
learning that maintains a faculty of qualified instructors,	113702
teaches regular continuous courses of study, and confers a	113703
recognized diploma upon completion of a specific curriculum; the	113704
operation of a parent-teacher association, booster group, or	113705
similar organization primarily engaged in the promotion and	113706
support of the curricular or extracurricular activities of a	113707
primary or secondary school; the operation of a community or area	113708
center in which presentations in music, dramatics, the arts, and	113709
related fields are made in order to foster public interest and	113710
education therein; the production of performances in music,	113711
dramatics, and the arts; or the promotion of education by an	113712
organization engaged in carrying on research in, or the	113713
dissemination of, scientific and technological knowledge and	113714
information primarily for the public.	113715

Nothing in this division shall be deemed to exempt sales to	113716
any organization for use in the operation or carrying on of a	113717
trade or business, or sales to a home for the aged for use in the	113718
operation of independent living facilities as defined in division	113719
(A) of section 5709.12 of the Revised Code.	113720

(13) Building and construction materials and services sold to	113721
construction contractors for incorporation into a structure or	113722
improvement to real property under a construction contract with	113723
this state or a political subdivision of this state, or with the	113724
United States government or any of its agencies; building and	113725
construction materials and services sold to construction	113726
contractors for incorporation into a structure or improvement to	113727
real property that are accepted for ownership by this state or any	113728
of its political subdivisions, or by the United States government	113729
or any of its agencies at the time of completion of the structures	113730
or improvements; building and construction materials sold to	113731
construction contractors for incorporation into a horticulture	113732
structure or livestock structure for a person engaged in the	113733
business of horticulture or producing livestock; building	113734
materials and services sold to a construction contractor for	113735
incorporation into a house of public worship or religious	113736
education, or a building used exclusively for charitable purposes	113737
under a construction contract with an organization whose purpose	113738
is as described in division (B)(12) of this section; building	113739
materials and services sold to a construction contractor for	113740
incorporation into a building under a construction contract with	113741
an organization exempt from taxation under section 501(c)(3) of	113742
the Internal Revenue Code of 1986 when the building is to be used	113743
exclusively for the organization's exempt purposes; building and	113744
construction materials sold for incorporation into the original	113745
construction of a sports facility under section 307.696 of the	113746
Revised Code; building and construction materials and services	113747
sold to a construction contractor for incorporation into real	113748
property outside this state if such materials and services, when	113749
sold to a construction contractor in the state in which the real	113750
property is located for incorporation into real property in that	113751
state, would be exempt from a tax on sales levied by that state;	113752
and, until one calendar year after the construction of a	113753
convention center that qualifies for property tax exemption under	113754
section 5709.084 of the Revised Code is completed, building and	113755
construction materials and services sold to a construction	113756
contractor for incorporation into the real property comprising	113757
that convention center;	113758

(14) Sales of ships or vessels or rail rolling stock used or	113759
to be used principally in interstate or foreign commerce, and	113760
repairs, alterations, fuel, and lubricants for such ships or	113761
vessels or rail rolling stock;	113762

(15) Sales to persons primarily engaged in any of the	113763
activities mentioned in division (B)(42)(a), (g), or (h) of this	113764
section, to persons engaged in making retail sales, or to persons	113765
who purchase for sale from a manufacturer tangible personal	113766
property that was produced by the manufacturer in accordance with	113767
specific designs provided by the purchaser, of packages, including	113768
material, labels, and parts for packages, and of machinery,	113769
equipment, and material for use primarily in packaging tangible	113770
personal property produced for sale, including any machinery,	113771
equipment, and supplies used to make labels or packages, to	113772
prepare packages or products for labeling, or to label packages or	113773
products, by or on the order of the person doing the packaging, or	113774
sold at retail. "Packages" includes bags, baskets, cartons,	113775
crates, boxes, cans, bottles, bindings, wrappings, and other	113776
similar devices and containers, but does not include motor	113777
vehicles or bulk tanks, trailers, or similar devices attached to	113778
motor vehicles. "Packaging" means placing in a package. Division	113779
(B)(15) of this section does not apply to persons engaged in	113780
highway transportation for hire.	113781

(16) Sales of food to persons using supplemental nutrition	113782
assistance program benefits to purchase the food. As used in this	113783
division, "food" has the same meaning as in 7 U.S.C. 2012 and	113784
federal regulations adopted pursuant to the Food and Nutrition Act	113785
of 2008.	113786

(17) Sales to persons engaged in farming, agriculture,	113787
horticulture, or floriculture, of tangible personal property for	113788
use or consumption primarily in the production by farming,	113789
agriculture, horticulture, or floriculture of other tangible	113790
personal property for use or consumption primarily in the	113791
production of tangible personal property for sale by farming,	113792
agriculture, horticulture, or floriculture; or material and parts	113793
for incorporation into any such tangible personal property for use	113794
or consumption in production; and of tangible personal property	113795
for such use or consumption in the conditioning or holding of	113796
products produced by and for such use, consumption, or sale by	113797
persons engaged in farming, agriculture, horticulture, or	113798
floriculture, except where such property is incorporated into real	113799
property;	113800

(18) Sales of drugs for a human being that may be dispensed	113801
only pursuant to a prescription; insulin as recognized in the	113802
official United States pharmacopoeia; urine and blood testing	113803
materials when used by diabetics or persons with hypoglycemia to	113804
test for glucose or acetone; hypodermic syringes and needles when	113805
used by diabetics for insulin injections; epoetin alfa when	113806
purchased for use in the treatment of persons with medical	113807
disease; hospital beds when purchased by hospitals, nursing homes,	113808
or other medical facilities; and medical oxygen and medical	113809
oxygen-dispensing equipment when purchased by hospitals, nursing	113810
homes, or other medical facilities;	113811

(19) Sales of prosthetic devices, durable medical equipment	113812
for home use, or mobility enhancing equipment, when made pursuant	113813
to a prescription and when such devices or equipment are for use	113814
by a human being.	113815

(20) Sales of emergency and fire protection vehicles and	113816
equipment to nonprofit organizations for use solely in providing	113817
fire protection and emergency services, including trauma care and	113818
emergency medical services, for political subdivisions of the	113819
state;	113820

(21) Sales of tangible personal property manufactured in this	113821
state, if sold by the manufacturer in this state to a retailer for	113822
use in the retail business of the retailer outside of this state	113823
and if possession is taken from the manufacturer by the purchaser	113824
within this state for the sole purpose of immediately removing the	113825
same from this state in a vehicle owned by the purchaser;	113826

(22) Sales of services provided by the state or any of its	113827
political subdivisions, agencies, instrumentalities, institutions,	113828
or authorities, or by governmental entities of the state or any of	113829
its political subdivisions, agencies, instrumentalities,	113830
institutions, or authorities;	113831

(23) Sales of motor vehicles to nonresidents of this state	113832
under the circumstances described in division (B) of section	113833
5739.029 of the Revised Code;	113834

(24) Sales to persons engaged in the preparation of eggs for	113835
sale of tangible personal property used or consumed directly in	113836
such preparation, including such tangible personal property used	113837
for cleaning, sanitizing, preserving, grading, sorting, and	113838
classifying by size; packages, including material and parts for	113839
packages, and machinery, equipment, and material for use in	113840
packaging eggs for sale; and handling and transportation equipment	113841
and parts therefor, except motor vehicles licensed to operate on	113842
public highways, used in intraplant or interplant transfers or	113843
shipment of eggs in the process of preparation for sale, when the	113844
plant or plants within or between which such transfers or	113845
shipments occur are operated by the same person. "Packages"	113846
includes containers, cases, baskets, flats, fillers, filler flats,	113847
cartons, closure materials, labels, and labeling materials, and	113848
"packaging" means placing therein.	113849

(25)(a) Sales of water to a consumer for residential use;

113850

(b) Sales of water by a nonprofit corporation engaged	113851
exclusively in the treatment, distribution, and sale of water to	113852
consumers, if such water is delivered to consumers through pipes	113853
or tubing.	113854

(26) Fees charged for inspection or reinspection of motor	113855
vehicles under section 3704.14 of the Revised Code;	113856

(27) Sales to persons licensed to conduct a food service	113857
operation pursuant to section 3717.43 of the Revised Code, of	113858
tangible personal property primarily used directly for the	113859
following:	113860

(a) To prepare food for human consumption for sale;

113861

(b) To preserve food that has been or will be prepared for	113862
human consumption for sale by the food service operator, not	113863
including tangible personal property used to display food for	113864
selection by the consumer;	113865

(c) To clean tangible personal property used to prepare or	113866
serve food for human consumption for sale.	113867

(28) Sales of animals by nonprofit animal adoption services	113868
or county humane societies;	113869

(29) Sales of services to a corporation described in division	113870
(A) of section 5709.72 of the Revised Code, and sales of tangible	113871
personal property that qualifies for exemption from taxation under	113872
section 5709.72 of the Revised Code;	113873

(30) Sales and installation of agricultural land tile, as	113874
defined in division (B)(5)(a) of section 5739.01 of the Revised	113875
Code;	113876

(31) Sales and erection or installation of portable grain	113877
bins, as defined in division (B)(5)(b) of section 5739.01 of the	113878
Revised Code;	113879

(32) The sale, lease, repair, and maintenance of, parts for,	113880
or items attached to or incorporated in, motor vehicles that are	113881
primarily used for transporting tangible personal property	113882
belonging to others by a person engaged in highway transportation	113883
for hire, except for packages and packaging used for the	113884
transportation of tangible personal property;	113885

(33) Sales to the state headquarters of any veterans'	113886
organization in this state that is either incorporated and issued	113887
a charter by the congress of the United States or is recognized by	113888
the United States veterans administration, for use by the	113889
headquarters;	113890

(34) Sales to a telecommunications service vendor, mobile	113891
telecommunications service vendor, or satellite broadcasting	113892
service vendor of tangible personal property and services used	113893
directly and primarily in transmitting, receiving, switching, or	113894
recording any interactive, one- or two-way electromagnetic	113895
communications, including voice, image, data, and information,	113896
through the use of any medium, including, but not limited to,	113897
poles, wires, cables, switching equipment, computers, and record	113898
storage devices and media, and component parts for the tangible	113899
personal property. The exemption provided in this division shall	113900
be in lieu of all other exemptions under division (B)(42)(a) or	113901
(n) of this section to which the vendor may otherwise be entitled,	113902
based upon the use of the thing purchased in providing the	113903
telecommunications, mobile telecommunications, or satellite	113904
broadcasting service.	113905

(35)(a) Sales where the purpose of the consumer is to use or	113906
consume the things transferred in making retail sales and	113907
consisting of newspaper inserts, catalogues, coupons, flyers, gift	113908
certificates, or other advertising material that prices and	113909
describes tangible personal property offered for retail sale.	113910

(b) Sales to direct marketing vendors of preliminary	113911
materials such as photographs, artwork, and typesetting that will	113912
be used in printing advertising material; and of printed matter	113913
that offers free merchandise or chances to win sweepstake prizes	113914
and that is mailed to potential customers with advertising	113915
material described in division (B)(35)(a) of this section;	113916

(c) Sales of equipment such as telephones, computers,	113917
facsimile machines, and similar tangible personal property	113918
primarily used to accept orders for direct marketing retail sales.	113919

(d) Sales of automatic food vending machines that preserve	113920
food with a shelf life of forty-five days or less by refrigeration	113921
and dispense it to the consumer.	113922

For purposes of division (B)(35) of this section, "direct	113923
marketing" means the method of selling where consumers order	113924
tangible personal property by United States mail, delivery	113925
service, or telecommunication and the vendor delivers or ships the	113926
tangible personal property sold to the consumer from a warehouse,	113927
catalogue distribution center, or similar fulfillment facility by	113928
means of the United States mail, delivery service, or common	113929
carrier.	113930

(36) Sales to a person engaged in the business of	113931
horticulture or producing livestock of materials to be	113932
incorporated into a horticulture structure or livestock structure;	113933

(37) Sales of personal computers, computer monitors, computer	113934
keyboards, modems, and other peripheral computer equipment to an	113935
individual who is licensed or certified to teach in an elementary	113936
or a secondary school in this state for use by that individual in	113937
preparation for teaching elementary or secondary school students;	113938

(38) Sales to a professional racing team of any of the	113939
following:	113940

(a) Motor racing vehicles;

113941

(b) Repair services for motor racing vehicles;

113942

(c) Items of property that are attached to or incorporated in	113943
motor racing vehicles, including engines, chassis, and all other	113944
components of the vehicles, and all spare, replacement, and	113945
rebuilt parts or components of the vehicles; except not including	113946
tires, consumable fluids, paint, and accessories consisting of	113947
instrumentation sensors and related items added to the vehicle to	113948
collect and transmit data by means of telemetry and other forms of	113949
communication.	113950

(39) Sales of used manufactured homes and used mobile homes,	113951
as defined in section 5739.0210 of the Revised Code, made on or	113952
after January 1, 2000;	113953

(40) Sales of tangible personal property and services to a	113954
provider of electricity used or consumed directly and primarily in	113955
generating, transmitting, or distributing electricity for use by	113956
others, including property that is or is to be incorporated into	113957
and will become a part of the consumer's production, transmission,	113958
or distribution system and that retains its classification as	113959
tangible personal property after incorporation; fuel or power used	113960
in the production, transmission, or distribution of electricity;	113961
energy conversion equipment as defined in section 5727.01 of the	113962
Revised Code; and tangible personal property and services used in	113963
the repair and maintenance of the production, transmission, or	113964
distribution system, including only those motor vehicles as are	113965
specially designed and equipped for such use. The exemption	113966
provided in this division shall be in lieu of all other exemptions	113967
in division (B)(42)(a) or (n) of this section to which a provider	113968
of electricity may otherwise be entitled based on the use of the	113969
tangible personal property or service purchased in generating,	113970
transmitting, or distributing electricity.	113971

(41) Sales to a person providing services under division	113972
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	113973
personal property and services used directly and primarily in	113974
providing taxable services under that section.	113975

(42) Sales where the purpose of the purchaser is to do any of	113976
the following:	113977

(a) To incorporate the thing transferred as a material or a	113978
part into tangible personal property to be produced for sale by	113979
manufacturing, assembling, processing, or refining; or to use or	113980
consume the thing transferred directly in producing tangible	113981
personal property for sale by mining, including, without	113982
limitation, the extraction from the earth of all substances that	113983
are classed geologically as minerals, production of crude oil and	113984
natural gas, or directly in the rendition of a public utility	113985
service, except that the sales tax levied by this section shall be	113986
collected upon all meals, drinks, and food for human consumption	113987
sold when transporting persons. Persons engaged in rendering	113988
services in the exploration for, and production of, crude oil and	113989
natural gas for others are deemed engaged directly in the	113990
exploration for, and production of, crude oil and natural gas.	113991
This paragraph does not exempt from "retail sale" or "sales at	113992
retail" the sale of tangible personal property that is to be	113993
incorporated into a structure or improvement to real property.	113994

(b) To hold the thing transferred as security for the	113995
performance of an obligation of the vendor;	113996

(c) To resell, hold, use, or consume the thing transferred as	113997
evidence of a contract of insurance;	113998

(d) To use or consume the thing directly in commercial	113999
fishing;	114000

(e) To incorporate the thing transferred as a material or a	114001
part into, or to use or consume the thing transferred directly in	114002
the production of, magazines distributed as controlled circulation	114003
publications;	114004

(f) To use or consume the thing transferred in the production	114005
and preparation in suitable condition for market and sale of	114006
printed, imprinted, overprinted, lithographic, multilithic,	114007
blueprinted, photostatic, or other productions or reproductions of	114008
written or graphic matter;	114009

(g) To use the thing transferred, as described in section	114010
5739.011 of the Revised Code, primarily in a manufacturing	114011
operation to produce tangible personal property for sale;	114012

(h) To use the benefit of a warranty, maintenance or service	114013
contract, or similar agreement, as described in division (B)(7) of	114014
section 5739.01 of the Revised Code, to repair or maintain	114015
tangible personal property, if all of the property that is the	114016
subject of the warranty, contract, or agreement would not be	114017
subject to the tax imposed by this section;	114018

(i) To use the thing transferred as qualified research and	114019
development equipment;	114020

(j) To use or consume the thing transferred primarily in	114021
storing, transporting, mailing, or otherwise handling purchased	114022
sales inventory in a warehouse, distribution center, or similar	114023
facility when the inventory is primarily distributed outside this	114024
state to retail stores of the person who owns or controls the	114025
warehouse, distribution center, or similar facility, to retail	114026
stores of an affiliated group of which that person is a member, or	114027
by means of direct marketing. This division does not apply to	114028
motor vehicles registered for operation on the public highways. As	114029
used in this division, "affiliated group" has the same meaning as	114030
in division (B)(3)(e) of section 5739.01 of the Revised Code and	114031
"direct marketing" has the same meaning as in division (B)(35) of	114032
this section.	114033

(k) To use or consume the thing transferred to fulfill a	114034
contractual obligation incurred by a warrantor pursuant to a	114035
warranty provided as a part of the price of the tangible personal	114036
property sold or by a vendor of a warranty, maintenance or service	114037
contract, or similar agreement the provision of which is defined	114038
as a sale under division (B)(7) of section 5739.01 of the Revised	114039
Code;	114040

(l) To use or consume the thing transferred in the production	114041
of a newspaper for distribution to the public;	114042

(m) To use tangible personal property to perform a service	114043
listed in division (B)(3) of section 5739.01 of the Revised Code,	114044
if the property is or is to be permanently transferred to the	114045
consumer of the service as an integral part of the performance of	114046
the service;	114047

(n) To use or consume the thing transferred primarily in	114048
producing tangible personal property for sale by farming,	114049
agriculture, horticulture, or floriculture. Persons engaged in	114050
rendering farming, agriculture, horticulture, or floriculture	114051
services for others are deemed engaged primarily in farming,	114052
agriculture, horticulture, or floriculture. This paragraph does	114053
not exempt from "retail sale" or "sales at retail" the sale of	114054
tangible personal property that is to be incorporated into a	114055
structure or improvement to real property.	114056

(o) To use or consume the thing transferred in acquiring,	114057
formatting, editing, storing, and disseminating data or	114058
information by electronic publishing.	114059

As used in division (B)(42) of this section, "thing" includes	114060
all transactions included in divisions (B)(3)(a), (b), and (e) of	114061
section 5739.01 of the Revised Code.	114062

(43) Sales conducted through a coin operated device that	114063
activates vacuum equipment or equipment that dispenses water,	114064
whether or not in combination with soap or other cleaning agents	114065
or wax, to the consumer for the consumer's use on the premises in	114066
washing, cleaning, or waxing a motor vehicle, provided no other	114067
personal property or personal service is provided as part of the	114068
transaction.	114069

(44) Sales of replacement and modification parts for engines,	114070
airframes, instruments, and interiors in, and paint for, aircraft	114071
used primarily in a fractional aircraft ownership program, and	114072
sales of services for the repair, modification, and maintenance of	114073
such aircraft, and machinery, equipment, and supplies primarily	114074
used to provide those services.	114075

(45) Sales of telecommunications service that is used	114076
directly and primarily to perform the functions of a call center.	114077
As used in this division, "call center" means any physical	114078
location where telephone calls are placed or received in high	114079
volume for the purpose of making sales, marketing, customer	114080
service, technical support, or other specialized business	114081
activity, and that employs at least fifty individuals that engage	114082
in call center activities on a full-time basis, or sufficient	114083
individuals to fill fifty full-time equivalent positions.	114084

(46) Sales by a telecommunications service vendor of 900	114085
service to a subscriber. This division does not apply to	114086
information services, as defined in division (FF) of section	114087
5739.01 of the Revised Code.	114088

(47) Sales of value-added non-voice data service. This	114089
division does not apply to any similar service that is not	114090
otherwise a telecommunications service.	114091

(48)(a) Sales of machinery, equipment, and software to a	114092
qualified direct selling entity for use in a warehouse or	114093
distribution center primarily for storing, transporting, or	114094
otherwise handling inventory that is held for sale to independent	114095
salespersons who operate as direct sellers and that is held	114096
primarily for distribution outside this state;	114097

(b) As used in division (B)(48)(a) of this section:

114098

(i) "Direct seller" means a person selling consumer products	114099
to individuals for personal or household use and not from a fixed	114100
retail location, including selling such product at in-home product	114101
demonstrations, parties, and other one-on-one selling.	114102

(ii) "Qualified direct selling entity" means an entity	114103
selling to direct sellers at the time the entity enters into a tax	114104
credit agreement with the tax credit authority pursuant to section	114105
122.17 of the Revised Code, provided that the agreement was	114106
entered into on or after January 1, 2007. Neither contingencies	114107
relevant to the granting of, nor later developments with respect	114108
to, the tax credit shall impair the status of the qualified direct	114109
selling entity under division (B)(48) of this section after	114110
execution of the tax credit agreement by the tax credit authority.	114111

(c) Division (B)(48) of this section is limited to machinery,	114112
equipment, and software first stored, used, or consumed in this	114113
state within the period commencing June 24, 2008, and ending on	114114
the date that is five years after that date.	114115

(49) Sales of materials, parts, equipment, or engines used in	114116
the repair or maintenance of aircraft or avionics systems of such	114117
aircraft, and sales of repair, remodeling, replacement, or	114118
maintenance services in this state performed on aircraft or on an	114119
aircraft's avionics, engine, or component materials or parts. As	114120
used in division (B)(49) of this section, "aircraft" means	114121
aircraft of more than six thousand pounds maximum certified	114122
takeoff weight or used exclusively in general aviation.	114123

(50) Sales of full flight simulators that are used for pilot	114124
or flight-crew training, sales of repair or replacement parts or	114125
components, and sales of repair or maintenance services for such	114126
full flight simulators. "Full flight simulator" means a replica of	114127
a specific type, or make, model, and series of aircraft cockpit.	114128
It includes the assemblage of equipment and computer programs	114129
necessary to represent aircraft operations in ground and flight	114130
conditions, a visual system providing an out-of-the-cockpit view,	114131
and a system that provides cues at least equivalent to those of a	114132
three-degree-of-freedom motion system, and has the full range of	114133
capabilities of the systems installed in the device as described	114134
in appendices A and B of part 60 of chapter 1 of title 14 of the	114135
Code of Federal Regulations.	114136

(51) Any transfer or lease of tangible personal property	114137
between the state and a successful proposer in accordance with	114138
sections 126.60 to 126.605 of the Revised Code, provided the	114139
property is part of a project as defined in section 126.60 of the	114140
Revised Code and the state retains ownership of the project or	114141
part thereof that is being transferred or leased, between the	114142
state and JobsOhio in accordance with section 4313.02 of the	114143
Revised Code.	114144

(C) For the purpose of the proper administration of this	114145
chapter, and to prevent the evasion of the tax, it is presumed	114146
that all sales made in this state are subject to the tax until the	114147
contrary is established.	114148

(D) The levy of this tax on retail sales of recreation and	114149
sports club service shall not prevent a municipal corporation from	114150
levying any tax on recreation and sports club dues or on any	114151
income generated by recreation and sports club dues.	114152

(E) The tax collected by the vendor from the consumer under	114153
this chapter is not part of the price, but is a tax collection for	114154
the benefit of the state, and of counties levying an additional	114155
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	114156
Code and of transit authorities levying an additional sales tax	114157
pursuant to section 5739.023 of the Revised Code. Except for the	114158
discount authorized under section 5739.12 of the Revised Code and	114159
the effects of any rounding pursuant to section 5703.055 of the	114160
Revised Code, no person other than the state or such a county or	114161
transit authority shall derive any benefit from the collection or	114162
payment of the tax levied by this section or section 5739.021,	114163
5739.023, or 5739.026 of the Revised Code.	114164

Sec. 5739.026. (A) A board of county commissioners may levy	114165
a tax of one-fourth or one-half of one per cent on every retail	114166
sale in the county, except sales of watercraft and outboard motors	114167
required to be titled pursuant to Chapter 1548. of the Revised	114168
Code and sales of motor vehicles, and may increase an existing	114169
rate of one-fourth of one per cent to one-half of one per cent, to	114170
pay the expenses of administering the tax and, except as provided	114171
in division (A)(6) of this section, for any one or more of the	114172
following purposes provided that the aggregate levy for all such	114173
purposes does not exceed one-half of one per cent:	114174

(1) To provide additional revenues for the payment of bonds	114175
or notes issued in anticipation of bonds issued by a convention	114176
facilities authority established by the board of county	114177
commissioners under Chapter 351. of the Revised Code and to	114178
provide additional operating revenues for the convention	114179
facilities authority;	114180

(2) To provide additional revenues for a transit authority	114181
operating in the county;	114182

(3) To provide additional revenue for the county's general	114183
fund;	114184

(4) To provide additional revenue for permanent improvements	114185
within the county to be distributed by the community improvements	114186
board in accordance with section 307.283 and to pay principal,	114187
interest, and premium on bonds issued under section 307.284 of the	114188
Revised Code;	114189

(5) To provide additional revenue for the acquisition,	114190
construction, equipping, or repair of any specific permanent	114191
improvement or any class or group of permanent improvements, which	114192
improvement or class or group of improvements shall be enumerated	114193
in the resolution required by division (D) of this section, and to	114194
pay principal, interest, premium, and other costs associated with	114195
the issuance of bonds or notes in anticipation of bonds issued	114196
pursuant to Chapter 133. of the Revised Code for the acquisition,	114197
construction, equipping, or repair of the specific permanent	114198
improvement or class or group of permanent improvements;	114199

(6) To provide revenue for the implementation and operation	114200
of a 9-1-1 system in the county. If the tax is levied or the rate	114201
increased exclusively for such purpose, the tax shall not be	114202
levied or the rate increased for more than five years. At the end	114203
of the last year the tax is levied or the rate increased, any	114204
balance remaining in the special fund established for such purpose	114205
shall remain in that fund and be used exclusively for such purpose	114206
until the fund is completely expended, and, notwithstanding	114207
section 5705.16 of the Revised Code, the board of county	114208
commissioners shall not petition for the transfer of money from	114209
such special fund, and the tax commissioner shall not approve such	114210
a petition.	114211

If the tax is levied or the rate increased for such purpose	114212
for more than five years, the board of county commissioners also	114213
shall levy the tax or increase the rate of the tax for one or more	114214
of the purposes described in divisions (A)(1) to (5) of this	114215
section and shall prescribe the method for allocating the revenues	114216
from the tax each year in the manner required by division (C) of	114217
this section.	114218

(7) To provide additional revenue for the operation or	114219
maintenance of a detention facility, as that term is defined under	114220
division (F) of section 2921.01 of the Revised Code;	114221

(8) To provide revenue to finance the construction or	114222
renovation of a sports facility, but only if the tax is levied for	114223
that purpose in the manner prescribed by section 5739.028 of the	114224
Revised Code.	114225

As used in division (A)(8) of this section:

114226

(a) "Sports facility" means a facility intended to house	114227
major league professional athletic teams.	114228

(b) "Constructing" or "construction" includes providing	114229
fixtures, furnishings, and equipment.	114230

(9) To provide additional revenue for the acquisition of	114231
agricultural easements, as defined in section 5301.67 of the	114232
Revised Code; to pay principal, interest, and premium on bonds	114233
issued under section 133.60 of the Revised Code; and for the	114234
supervision and enforcement of agricultural easements held by the	114235
county;	114236

(10) To provide revenue for the provision of ambulance,	114237
paramedic, or other emergency medical services;	114238

(11) To provide revenue for the operation of a lake	114239
facilities authority and the remediation of an impacted watershed	114240
by a lake facilities authority, as provided in Chapter 353. of the	114241
Revised Code.	114242

Pursuant to section 755.171 of the Revised Code, a board of	114243
county commissioners may pledge and contribute revenue from a tax	114244
levied for the purpose of division (A)(5) of this section to the	114245
payment of debt charges on bonds issued under section 755.17 of	114246
the Revised Code.	114247

The rate of tax shall be a multiple of one-fourth of one per	114248
cent, unless a portion of the rate of an existing tax levied under	114249
section 5739.023 of the Revised Code has been reduced, and the	114250
rate of tax levied under this section has been increased, pursuant	114251
to section 5739.028 of the Revised Code, in which case the	114252
aggregate of the rates of tax levied under this section and	114253
section 5739.023 of the Revised Code shall be a multiple of	114254
one-fourth of one per cent. The tax shall be levied and the rate	114255
increased pursuant to a resolution adopted by a majority of the	114256
members of the board. The board shall deliver a certified copy of	114257
the resolution to the tax commissioner, not later than the	114258
sixty-fifth day prior to the date on which the tax is to become	114259
effective, which shall be the first day of a calendar quarter.	114260

Prior to the adoption of any resolution to levy the tax or to	114261
increase the rate of tax exclusively for the purpose set forth in	114262
division (A)(3) of this section, the board of county commissioners	114263
shall conduct two public hearings on the resolution, the second	114264
hearing to be no fewer than three nor more than ten days after the	114265
first. Notice of the date, time, and place of the hearings shall	114266
be given by publication in a newspaper of general circulation in	114267
the county, or as provided in section 7.16 of the Revised Code,	114268
once a week on the same day of the week for two consecutive weeks.	114269
The second publication shall be no fewer than ten nor more than	114270
thirty days prior to the first hearing. Except as provided in	114271
division (E) of this section, the resolution shall be subject to a	114272
referendum as provided in sections 305.31 to 305.41 of the Revised	114273
Code. If the resolution is adopted as an emergency measure	114274
necessary for the immediate preservation of the public peace,	114275
health, or safety, it must receive an affirmative vote of all of	114276
the members of the board of county commissioners and shall state	114277
the reasons for the necessity.	114278

If the tax is for more than one of the purposes set forth in	114279
divisions (A)(1) to (7), (9), and (10) of this section, or is	114280
exclusively for one of the purposes set forth in division (A)(1),	114281
(2), (4), (5), (6), (7), (9), or (10) of this section, the	114282
resolution shall not go into effect unless it is approved by a	114283
majority of the electors voting on the question of the tax.	114284

(B) The board of county commissioners shall adopt a	114285
resolution under section 351.02 of the Revised Code creating the	114286
convention facilities authority, or under section 307.283 of the	114287
Revised Code creating the community improvements board, before	114288
adopting a resolution levying a tax for the purpose of a	114289
convention facilities authority under division (A)(1) of this	114290
section or for the purpose of a community improvements board under	114291
division (A)(4) of this section.	114292

(C)(1) If the tax is to be used for more than one of the	114293
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	114294
this section, the board of county commissioners shall establish	114295
the method that will be used to determine the amount or proportion	114296
of the tax revenue received by the county during each year that	114297
will be distributed for each of those purposes, including, if	114298
applicable, provisions governing the reallocation of a convention	114299
facilities authority's allocation if the authority is dissolved	114300
while the tax is in effect. The allocation method may provide that	114301
different proportions or amounts of the tax shall be distributed	114302
among the purposes in different years, but it shall clearly	114303
describe the method that will be used for each year. Except as	114304
otherwise provided in division (C)(2) of this section, the	114305
allocation method established by the board is not subject to	114306
amendment during the life of the tax.	114307

(2) Subsequent to holding a public hearing on the proposed	114308
amendment, the board of county commissioners may amend the	114309
allocation method established under division (C)(1) of this	114310
section for any year, if the amendment is approved by the	114311
governing board of each entity whose allocation for the year would	114312
be reduced by the proposed amendment. In the case of a tax that is	114313
levied for a continuing period of time, the board may not so amend	114314
the allocation method for any year before the sixth year that the	114315
tax is in effect.	114316

(a) If the additional revenues provided to the convention	114317
facilities authority are pledged by the authority for the payment	114318
of convention facilities authority revenue bonds for as long as	114319
such bonds are outstanding, no reduction of the authority's	114320
allocation of the tax shall be made for any year except to the	114321
extent that the reduced authority allocation, when combined with	114322
the authority's other revenues pledged for that purpose, is	114323
sufficient to meet the debt service requirements for that year on	114324
such bonds.	114325

(b) If the additional revenues provided to the county are	114326
pledged by the county for the payment of bonds or notes described	114327
in division (A)(4) or (5) of this section, for as long as such	114328
bonds or notes are outstanding, no reduction of the county's or	114329
the community improvements board's allocation of the tax shall be	114330
made for any year, except to the extent that the reduced county or	114331
community improvements board allocation is sufficient to meet the	114332
debt service requirements for that year on such bonds or notes.	114333

(c) If the additional revenues provided to the transit	114334
authority are pledged by the authority for the payment of revenue	114335
bonds issued under section 306.37 of the Revised Code, for as long	114336
as such bonds are outstanding, no reduction of the authority's	114337
allocation of tax shall be made for any year, except to the extent	114338
that the authority's reduced allocation, when combined with the	114339
authority's other revenues pledged for that purpose, is sufficient	114340
to meet the debt service requirements for that year on such bonds.	114341

(d) If the additional revenues provided to the county are	114342
pledged by the county for the payment of bonds or notes issued	114343
under section 133.60 of the Revised Code, for so long as the bonds	114344
or notes are outstanding, no reduction of the county's allocation	114345
of the tax shall be made for any year, except to the extent that	114346
the reduced county allocation is sufficient to meet the debt	114347
service requirements for that year on the bonds or notes.	114348

(D)(1) The resolution levying the tax or increasing the rate	114349
of tax shall state the rate of the tax or the rate of the	114350
increase; the purpose or purposes for which it is to be levied;	114351
the number of years for which it is to be levied or that it is for	114352
a continuing period of time; the allocation method required by	114353
division (C) of this section; and if required to be submitted to	114354
the electors of the county under division (A) of this section, the	114355
date of the election at which the proposal shall be submitted to	114356
the electors of the county, which shall be not less than ninety	114357
days after the certification of a copy of the resolution to the	114358
board of elections and, if the tax is to be levied exclusively for	114359
the purpose set forth in division (A)(3) of this section, shall	114360
not occur in February or August of any year. Upon certification of	114361
the resolution to the board of elections, the board of county	114362
commissioners shall notify the tax commissioner in writing of the	114363
levy question to be submitted to the electors. If approved by a	114364
majority of the electors, the tax shall become effective on the	114365
first day of a calendar quarter next following the sixty-fifth day	114366
following the date the board of county commissioners and tax	114367
commissioner receive from the board of elections the certification	114368
of the results of the election, except as provided in division (E)	114369
of this section.	114370

(2)(a) A resolution specifying that the tax is to be used	114371
exclusively for the purpose set forth in division (A)(3) of this	114372
section that is not adopted as an emergency measure may direct the	114373
board of elections to submit the question of levying the tax or	114374
increasing the rate of the tax to the electors of the county at a	114375
special election held on the date specified by the board of county	114376
commissioners in the resolution, provided that the election occurs	114377
not less than ninety days after the resolution is certified to the	114378
board of elections and the election is not held in February or	114379
August of any year. Upon certification of the resolution to the	114380
board of elections, the board of county commissioners shall notify	114381
the tax commissioner in writing of the levy question to be	114382
submitted to the electors. No resolution adopted under division	114383
(D)(2)(a) of this section shall go into effect unless approved by	114384
a majority of those voting upon it and, except as provided in	114385
division (E) of this section, not until the first day of a	114386
calendar quarter following the expiration of sixty-five days from	114387
the date the tax commissioner receives notice from the board of	114388
elections of the affirmative vote.	114389

(b) A resolution specifying that the tax is to be used	114390
exclusively for the purpose set forth in division (A)(3) of this	114391
section that is adopted as an emergency measure shall become	114392
effective as provided in division (A) of this section, but may	114393
direct the board of elections to submit the question of repealing	114394
the tax or increase in the rate of the tax to the electors of the	114395
county at the next general election in the county occurring not	114396
less than ninety days after the resolution is certified to the	114397
board of elections. Upon certification of the resolution to the	114398
board of elections, the board of county commissioners shall notify	114399
the tax commissioner in writing of the levy question to be	114400
submitted to the electors. The ballot question shall be the same	114401
as that prescribed in section 5739.022 of the Revised Code. The	114402
board of elections shall notify the board of county commissioners	114403
and the tax commissioner of the result of the election immediately	114404
after the result has been declared. If a majority of the qualified	114405
electors voting on the question of repealing the tax or increase	114406
in the rate of the tax vote for repeal of the tax or repeal of the	114407
increase, the board of county commissioners, on the first day of a	114408
calendar quarter following the expiration of sixty-five days after	114409
the date the board and tax commissioner received notice of the	114410
result of the election, shall, in the case of a repeal of the tax,	114411
cease to levy the tax, or, in the case of a repeal of an increase	114412
in the rate of the tax, cease to levy the increased rate and levy	114413
the tax at the rate at which it was imposed immediately prior to	114414
the increase in rate.	114415

(c) A board of county commissioners, by resolution, may	114416
reduce the rate of a tax levied exclusively for the purpose set	114417
forth in division (A)(3) of this section to a lower rate	114418
authorized by this section. Any such reduction shall be made	114419
effective on the first day of the calendar quarter next following	114420
the sixty-fifth day after the tax commissioner receives a	114421
certified copy of the resolution from the board.	114422

(E) If a vendor makes a sale in this state by printed catalog	114423
and the consumer computed the tax on the sale based on local rates	114424
published in the catalog, any tax levied or repealed or rate	114425
changed under this section shall not apply to such a sale until	114426
the first day of a calendar quarter following the expiration of	114427
one hundred twenty days from the date of notice by the tax	114428
commissioner pursuant to division (G) of this section.	114429

(F) The tax levied pursuant to this section shall be in	114430
addition to the tax levied by section 5739.02 of the Revised Code	114431
and any tax levied pursuant to section 5739.021 or 5739.023 of the	114432
Revised Code.	114433

A county that levies a tax pursuant to this section shall	114434
levy a tax at the same rate pursuant to section 5741.023 of the	114435
Revised Code.	114436

The additional tax levied by the county shall be collected	114437
pursuant to section 5739.025 of the Revised Code.	114438

Any tax levied pursuant to this section is subject to the	114439
exemptions provided in section 5739.02 of the Revised Code and in	114440
addition shall not be applicable to sales not within the taxing	114441
power of a county under the Constitution of the United States or	114442
the Ohio Constitution.	114443

(G) Upon receipt from a board of county commissioners of a	114444
certified copy of a resolution required by division (A) of this	114445
section, or from the board of elections a notice of the results of	114446
an election required by division (D)(1), (2)(a), (b), or (c) of	114447
this section, the tax commissioner shall provide notice of a tax	114448
rate change in a manner that is reasonably accessible to all	114449
affected vendors. The commissioner shall provide this notice at	114450
least sixty days prior to the effective date of the rate change.	114451
The commissioner, by rule, may establish the method by which	114452
notice will be provided.	114453

Sec. 5739.081. A legislative authority of a municipal	114454
corporation may not adopt or amend a resolution or ordinance	114455
levying a tax on transactions by which lodging by a hotel is or is	114456
to be furnished to transient guests pursuant to section 5739.08 of	114457
the Revised Code on or after October 1, 2013, unless the	114458
legislative authority levies the tax on any transaction by which a	114459
transient guest obtains or will obtain lodging in a hotel using a	114460
hotel intermediary. The legislative authority shall levy the tax	114461
on any amount the purchaser pays to the hotel intermediary for the	114462
intermediary's services plus any amount paid for the furnishing of	114463
lodging in a hotel to the transient guest.	114464

The hotel intermediary shall collect and remit all tax paid	114465
by the purchaser to the municipal corporation that levies the tax	114466
pursuant to section 5739.08 of the Revised Code. If the hotel	114467
intermediary does not collect or remit the full amount of tax, the	114468
hotel in which the transient guest will lodge shall collect and	114469
remit to the municipal corporation the uncollected or unremitted	114470
tax.	114471

Sec. 5739.09. (A)(1) A board of county commissioners may, by	114472
resolution adopted by a majority of the members of the board, levy	114473
an excise tax not to exceed three per cent on transactions by	114474
which lodging by a hotel is or is to be furnished to transient	114475
guests. The board shall establish all regulations necessary to	114476
provide for the administration and allocation of the tax. The	114477
regulations may prescribe the time for payment of the tax, and may	114478
provide for the imposition of a penalty or interest, or both, for	114479
late payments, provided that the penalty does not exceed ten per	114480
cent of the amount of tax due, and the rate at which interest	114481
accrues does not exceed the rate per annum prescribed pursuant to	114482
section 5703.47 of the Revised Code. Except as provided in	114483
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	114484
regulations shall provide, after deducting the real and actual	114485
costs of administering the tax, for the return to each municipal	114486
corporation or township that does not levy an excise tax on the	114487
transactions, a uniform percentage of the tax collected in the	114488
municipal corporation or in the unincorporated portion of the	114489
township from each transaction, not to exceed thirty-three and	114490
one-third per cent. The remainder of the revenue arising from the	114491
tax shall be deposited in a separate fund and shall be spent	114492
solely to make contributions to the convention and visitors'	114493
bureau operating within the county, including a pledge and	114494
contribution of any portion of the remainder pursuant to an	114495
agreement authorized by section 307.695 of the Revised Code,	114496
provided that if the board of county commissioners of an eligible	114497
county as defined in section 307.695 of the Revised Code adopts a	114498
resolution amending a resolution levying a tax under this division	114499
to provide that the revenue from the tax shall be used by the	114500
board as described in division (H) of section 307.695 of the	114501
Revised Code, the remainder of the revenue shall be used as	114502
described in the resolution making that amendment. Except as	114503
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	114504
this section, on and after May 10, 1994, a board of county	114505
commissioners may not levy an excise tax pursuant to this division	114506
in any municipal corporation or township located wholly or partly	114507
within the county that has in effect an ordinance or resolution	114508
levying an excise tax pursuant to division (B) of this section.	114509
The board of a county that has levied a tax under division (C) of	114510
this section may, by resolution adopted within ninety days after	114511
July 15, 1985, by a majority of the members of the board, amend	114512
the resolution levying a tax under this division to provide for a	114513
portion of that tax to be pledged and contributed in accordance	114514
with an agreement entered into under section 307.695 of the	114515
Revised Code. A tax, any revenue from which is pledged pursuant to	114516
such an agreement, shall remain in effect at the rate at which it	114517
is imposed for the duration of the period for which the revenue	114518
from the tax has been so pledged.	114519

The board of county commissioners of an eligible county as	114520
defined in section 307.695 of the Revised Code may, by resolution	114521
adopted by a majority of the members of the board, amend a	114522
resolution levying a tax under this division to provide that the	114523
revenue from the tax shall be used by the board as described in	114524
division (H) of section 307.695 of the Revised Code, in which case	114525
the tax shall remain in effect at the rate at which it was imposed	114526
for the duration of any agreement entered into by the board under	114527
section 307.695 of the Revised Code, the duration during which any	114528
securities issued by the board under that section are outstanding,	114529
or the duration of the period during which the board owns a	114530
project as defined in section 307.695 of the Revised Code,	114531
whichever duration is longest.	114532

(2) A board of county commissioners that levies an excise tax	114533
under division (A)(1) of this section on June 30, 1997, at a rate	114534
of three per cent, and that has pledged revenue from the tax to an	114535
agreement entered into under section 307.695 of the Revised Code	114536
or, in the case of the board of county commissioners of an	114537
eligible county as defined in section 307.695 of the Revised Code,	114538
has amended a resolution levying a tax under division (C) of this	114539
section to provide that proceeds from the tax shall be used by the	114540
board as described in division (H) of section 307.695 of the	114541
Revised Code, may, at any time by a resolution adopted by a	114542
majority of the members of the board, amend the resolution levying	114543
a tax under division (A)(1) of this section to provide for an	114544
increase in the rate of that tax up to seven per cent on each	114545
transaction; to provide that revenue from the increase in the rate	114546
shall be used as described in division (H) of section 307.695 of	114547
the Revised Code or be spent solely to make contributions to the	114548
convention and visitors' bureau operating within the county to be	114549
used specifically for promotion, advertising, and marketing of the	114550
region in which the county is located; and to provide that the	114551
rate in excess of the three per cent levied under division (A)(1)	114552
of this section shall remain in effect at the rate at which it is	114553
imposed for the duration of the period during which any agreement	114554
is in effect that was entered into under section 307.695 of the	114555
Revised Code by the board of county commissioners levying a tax	114556
under division (A)(1) of this section, the duration of the period	114557
during which any securities issued by the board under division (I)	114558
of section 307.695 of the Revised Code are outstanding, or the	114559
duration of the period during which the board owns a project as	114560
defined in section 307.695 of the Revised Code, whichever duration	114561
is longest. The amendment also shall provide that no portion of	114562
that revenue need be returned to townships or municipal	114563
corporations as would otherwise be required under division (A)(1)	114564
of this section.	114565

(3) A board of county commissioners that levies a tax under	114566
division (A)(1) of this section on March 18, 1999, at a rate of	114567
three per cent may, by resolution adopted not later than	114568
forty-five days after March 18, 1999, amend the resolution levying	114569
the tax to provide for all of the following:	114570

(a) That the rate of the tax shall be increased by not more	114571
than an additional four per cent on each transaction;	114572

(b) That all of the revenue from the increase in the rate	114573
shall be pledged and contributed to a convention facilities	114574
authority established by the board of county commissioners under	114575
Chapter 351. of the Revised Code on or before November 15, 1998,	114576
and used to pay costs of constructing, maintaining, operating, and	114577
promoting a facility in the county, including paying bonds, or	114578
notes issued in anticipation of bonds, as provided by that	114579
chapter;	114580

(c) That no portion of the revenue arising from the increase	114581
in rate need be returned to municipal corporations or townships as	114582
otherwise required under division (A)(1) of this section;	114583

(d) That the increase in rate shall not be subject to	114584
diminution by initiative or referendum or by law while any bonds,	114585
or notes in anticipation of bonds, issued by the authority under	114586
Chapter 351. of the Revised Code to which the revenue is pledged,	114587
remain outstanding in accordance with their terms, unless	114588
provision is made by law or by the board of county commissioners	114589
for an adequate substitute therefor that is satisfactory to the	114590
trustee if a trust agreement secures the bonds.	114591

Division (A)(3) of this section does not apply to the board	114592
of county commissioners of any county in which a convention center	114593
or facility exists or is being constructed on November 15, 1998,	114594
or of any county in which a convention facilities authority levies	114595
a tax pursuant to section 351.021 of the Revised Code on that	114596
date.	114597

As used in division (A)(3) of this section, "cost" and	114598
"facility" have the same meanings as in section 351.01 of the	114599
Revised Code, and "convention center" has the same meaning as in	114600
section 307.695 of the Revised Code.	114601

(4)(a) A board of county commissioners that levies a tax	114602
under division (A)(1) of this section on June 30, 2002, at a rate	114603
of three per cent may, by resolution adopted not later than	114604
September 30, 2002, amend the resolution levying the tax to	114605
provide for all of the following:	114606

(i) That the rate of the tax shall be increased by not more	114607
than an additional three and one-half per cent on each	114608
transaction;	114609

(ii) That all of the revenue from the increase in rate shall	114610
be pledged and contributed to a convention facilities authority	114611
established by the board of county commissioners under Chapter	114612
351. of the Revised Code on or before May 15, 2002, and be used to	114613
pay costs of constructing, expanding, maintaining, operating, or	114614
promoting a convention center in the county, including paying	114615
bonds, or notes issued in anticipation of bonds, as provided by	114616
that chapter;	114617

(iii) That no portion of the revenue arising from the	114618
increase in rate need be returned to municipal corporations or	114619
townships as otherwise required under division (A)(1) of this	114620
section;	114621

(iv) That the increase in rate shall not be subject to	114622
diminution by initiative or referendum or by law while any bonds,	114623
or notes in anticipation of bonds, issued by the authority under	114624
Chapter 351. of the Revised Code to which the revenue is pledged,	114625
remain outstanding in accordance with their terms, unless	114626
provision is made by law or by the board of county commissioners	114627
for an adequate substitute therefor that is satisfactory to the	114628
trustee if a trust agreement secures the bonds.	114629

(b) Any board of county commissioners that, pursuant to	114630
division (A)(4)(a) of this section, has amended a resolution	114631
levying the tax authorized by division (A)(1) of this section may	114632
further amend the resolution to provide that the revenue referred	114633
to in division (A)(4)(a)(ii) of this section shall be pledged and	114634
contributed both to a convention facilities authority to pay the	114635
costs of constructing, expanding, maintaining, or operating one or	114636
more convention centers in the county, including paying bonds, or	114637
notes issued in anticipation of bonds, as provided in Chapter 351.	114638
of the Revised Code, and to a convention and visitors' bureau to	114639
pay the costs of promoting one or more convention centers in the	114640
county.	114641

As used in division (A)(4) of this section, "cost" has the	114642
same meaning as in section 351.01 of the Revised Code, and	114643
"convention center" has the same meaning as in section 307.695 of	114644
the Revised Code.	114645

(5)(a) As used in division (A)(5) of this section:

114646

(i) "Port authority" means a port authority created under	114647
Chapter 4582. of the Revised Code.	114648

(ii) "Port authority military-use facility" means port	114649
authority facilities on which or adjacent to which is located an	114650
installation of the armed forces of the United States, a reserve	114651
component thereof, or the national guard and at least part of	114652
which is made available for use, for consideration, by the armed	114653
forces of the United States, a reserve component thereof, or the	114654
national guard.	114655

(b) For the purpose of contributing revenue to pay operating	114656
expenses of a port authority that operates a port authority	114657
military-use facility, the board of county commissioners of a	114658
county that created, participated in the creation of, or has	114659
joined such a port authority may do one or both of the following:	114660

(i) Amend a resolution previously adopted under division	114661
(A)(1) of this section to designate some or all of the revenue	114662
from the tax levied under the resolution to be used for that	114663
purpose, notwithstanding that division;	114664

(ii) Amend a resolution previously adopted under division	114665
(A)(1) of this section to increase the rate of the tax by not more	114666
than an additional two per cent and use the revenue from the	114667
increase exclusively for that purpose.	114668

(c) If a board of county commissioners amends a resolution to	114669
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	114670
of this section, the board also may amend the resolution to	114671
specify that the increase in rate of the tax does not apply to	114672
"hotels," as otherwise defined in section 5739.01 of the Revised	114673
Code, having fewer rooms used for the accommodation of guests than	114674
a number of rooms specified by the board.	114675

(6) A board of county commissioners of a county organized	114676
under a county charter adopted pursuant to Article X, Section 3,	114677
Ohio Constitution, and that levies an excise tax under division	114678
(A)(1) of this section at a rate of three per cent and levies an	114679
additional excise tax under division (E) of this section at a rate	114680
of one and one-half per cent may, by resolution adopted not later	114681
than January 1, 2008, by a majority of the members of the board,	114682
amend the resolution levying a tax under division (A)(1) of this	114683
section to provide for an increase in the rate of that tax by not	114684
more than an additional one per cent on transactions by which	114685
lodging by a hotel is or is to be furnished to transient guests.	114686
Notwithstanding divisions (A)(1) and (E) of this section, the	114687
resolution shall provide that all of the revenue from the increase	114688
in rate, after deducting the real and actual costs of	114689
administering the tax, shall be used to pay the costs of	114690
improving, expanding, equipping, financing, or operating a	114691
convention center by a convention and visitors' bureau in the	114692
county. The increase in rate shall remain in effect for the period	114693
specified in the resolution, not to exceed ten years. The increase	114694
in rate shall be subject to the regulations adopted under division	114695
(A)(1) of this section, except that the resolution may provide	114696
that no portion of the revenue from the increase in the rate shall	114697
be returned to townships or municipal corporations as would	114698
otherwise be required under that division.	114699

(7) Division (A)(7) of this section applies only to a county	114700
with a population greater than sixty-five thousand and less than	114701
seventy thousand according to the most recent federal decennial	114702
census and in which, on December 31, 2006, an excise tax is levied	114703
under division (A)(1) of this section at a rate not less than and	114704
not greater than three per cent, and in which the most recent	114705
increase in the rate of that tax was enacted or took effect in	114706
November 1984.	114707

The board of county commissioners of a county to which this	114708
division applies, by resolution adopted by a majority of the	114709
members of the board, may increase the rate of the tax by not more	114710
than one per cent on transactions by which lodging by a hotel is	114711
or is to be furnished to transient guests. The increase in rate	114712
shall be for the purpose of paying expenses deemed necessary by	114713
the convention and visitors' bureau operating in the county to	114714
promote travel and tourism. The increase in rate shall remain in	114715
effect for the period specified in the resolution, not to exceed	114716
twenty years, provided that the increase in rate may not continue	114717
beyond the time when the purpose for which the increase is levied	114718
ceases to exist. If revenue from the increase in rate is pledged	114719
to the payment of debt charges on securities, the increase in rate	114720
is not subject to diminution by initiative or referendum or by law	114721
for so long as the securities are outstanding, unless provision is	114722
made by law or by the board of county commissioners for an	114723
adequate substitute for that revenue that is satisfactory to the	114724
trustee if a trust agreement secures payment of the debt charges.	114725
The increase in rate shall be subject to the regulations adopted	114726
under division (A)(1) of this section, except that the resolution	114727
may provide that no portion of the revenue from the increase in	114728
the rate shall be returned to townships or municipal corporations	114729
as would otherwise be required under division (A)(1) of this	114730
section. A resolution adopted under division (A)(7) of this	114731
section is subject to referendum under sections 305.31 to 305.99	114732
of the Revised Code.	114733

(B)(1) The legislative authority of a municipal corporation	114734
or the board of trustees of a township that is not wholly or	114735
partly located in a county that has in effect a resolution levying	114736
an excise tax pursuant to division (A)(1) of this section may, by	114737
ordinance or resolution, levy an excise tax not to exceed three	114738
per cent on transactions by which lodging by a hotel is or is to	114739
be furnished to transient guests. The legislative authority of the	114740
municipal corporation or the board of trustees of the township	114741
shall deposit at least fifty per cent of the revenue from the tax	114742
levied pursuant to this division into a separate fund, which shall	114743
be spent solely to make contributions to convention and visitors'	114744
bureaus operating within the county in which the municipal	114745
corporation or township is wholly or partly located, and the	114746
balance of that revenue shall be deposited in the general fund.	114747
The municipal corporation or township shall establish all	114748
regulations necessary to provide for the administration and	114749
allocation of the tax. The regulations may prescribe the time for	114750
payment of the tax, and may provide for the imposition of a	114751
penalty or interest, or both, for late payments, provided that the	114752
penalty does not exceed ten per cent of the amount of tax due, and	114753
the rate at which interest accrues does not exceed the rate per	114754
annum prescribed pursuant to section 5703.47 of the Revised Code.	114755
The levy of a tax under this division is in addition to any tax	114756
imposed on the same transaction by a municipal corporation or a	114757
township as authorized by division (A) of section 5739.08 of the	114758
Revised Code.	114759

(2)(a) The legislative authority of the most populous	114760
municipal corporation located wholly or partly in a county in	114761
which the board of county commissioners has levied a tax under	114762
division (A)(4) of this section may amend, on or before September	114763
30, 2002, that municipal corporation's ordinance or resolution	114764
that levies an excise tax on transactions by which lodging by a	114765
hotel is or is to be furnished to transient guests, to provide for	114766
all of the following:	114767

(i) That the rate of the tax shall be increased by not more	114768
than an additional one per cent on each transaction;	114769

(ii) That all of the revenue from the increase in rate shall	114770
be pledged and contributed to a convention facilities authority	114771
established by the board of county commissioners under Chapter	114772
351. of the Revised Code on or before May 15, 2002, and be used to	114773
pay costs of constructing, expanding, maintaining, operating, or	114774
promoting a convention center in the county, including paying	114775
bonds, or notes issued in anticipation of bonds, as provided by	114776
that chapter;	114777

(iii) That the increase in rate shall not be subject to	114778
diminution by initiative or referendum or by law while any bonds,	114779
or notes in anticipation of bonds, issued by the authority under	114780
Chapter 351. of the Revised Code to which the revenue is pledged,	114781
remain outstanding in accordance with their terms, unless	114782
provision is made by law, by the board of county commissioners, or	114783
by the legislative authority, for an adequate substitute therefor	114784
that is satisfactory to the trustee if a trust agreement secures	114785
the bonds.	114786

(b) The legislative authority of a municipal corporation	114787
that, pursuant to division (B)(2)(a) of this section, has amended	114788
its ordinance or resolution to increase the rate of the tax	114789
authorized by division (B)(1) of this section may further amend	114790
the ordinance or resolution to provide that the revenue referred	114791
to in division (B)(2)(a)(ii) of this section shall be pledged and	114792
contributed both to a convention facilities authority to pay the	114793
costs of constructing, expanding, maintaining, or operating one or	114794
more convention centers in the county, including paying bonds, or	114795
notes issued in anticipation of bonds, as provided in Chapter 351.	114796
of the Revised Code, and to a convention and visitors' bureau to	114797
pay the costs of promoting one or more convention centers in the	114798
county.	114799

As used in division (B)(2) of this section, "cost" has the	114800
same meaning as in section 351.01 of the Revised Code, and	114801
"convention center" has the same meaning as in section 307.695 of	114802
the Revised Code.	114803

(C) For the purposes described in section 307.695 of the	114804
Revised Code and to cover the costs of administering the tax, a	114805
board of county commissioners of a county where a tax imposed	114806
under division (A)(1) of this section is in effect may, by	114807
resolution adopted within ninety days after July 15, 1985, by a	114808
majority of the members of the board, levy an additional excise	114809
tax not to exceed three per cent on transactions by which lodging	114810
by a hotel is or is to be furnished to transient guests. The tax	114811
authorized by this division shall be in addition to any tax that	114812
is levied pursuant to division (A) of this section, but it shall	114813
not apply to transactions subject to a tax levied by a municipal	114814
corporation or township pursuant to the authorization granted by	114815
division (A) of section 5739.08 of the Revised Code. The board	114816
shall establish all regulations necessary to provide for the	114817
administration and allocation of the tax. The regulations may	114818
prescribe the time for payment of the tax, and may provide for the	114819
imposition of a penalty or interest, or both, for late payments,	114820
provided that the penalty does not exceed ten per cent of the	114821
amount of tax due, and the rate at which interest accrues does not	114822
exceed the rate per annum prescribed pursuant to section 5703.47	114823
of the Revised Code. All revenues arising from the tax shall be	114824
expended in accordance with section 307.695 of the Revised Code.	114825
The board of county commissioners of an eligible county as defined	114826
in section 307.695 of the Revised Code may, by resolution adopted	114827
by a majority of the members of the board, amend the resolution	114828
levying a tax under this division to provide that the revenue from	114829
the tax shall be used by the board as described in division (H) of	114830
section 307.695 of the Revised Code. A tax imposed under this	114831
division shall remain in effect at the rate at which it is imposed	114832
for the duration of the period during which any agreement entered	114833
into by the board under section 307.695 of the Revised Code is in	114834
effect, the duration of the period during which any securities	114835
issued by the board under division (I) of section 307.695 of the	114836
Revised Code are outstanding, or the duration of the period during	114837
which the board owns a project as defined in section 307.695 of	114838
the Revised Code, whichever duration is longest.	114839

(D) For the purpose of providing contributions under division	114840
(B)(1) of section 307.671 of the Revised Code to enable the	114841
acquisition, construction, and equipping of a port authority	114842
educational and cultural facility in the county and, to the extent	114843
provided for in the cooperative agreement authorized by that	114844
section, for the purpose of paying debt service charges on bonds,	114845
or notes in anticipation of bonds, described in division (B)(1)(b)	114846
of that section, a board of county commissioners, by resolution	114847
adopted within ninety days after December 22, 1992, by a majority	114848
of the members of the board, may levy an additional excise tax not	114849
to exceed one and one-half per cent on transactions by which	114850
lodging by a hotel is or is to be furnished to transient guests.	114851
The excise tax authorized by this division shall be in addition to	114852
any tax that is levied pursuant to divisions (A), (B), and (C) of	114853
this section, to any excise tax levied pursuant to section 5739.08	114854
of the Revised Code, and to any excise tax levied pursuant to	114855
section 351.021 of the Revised Code. The board of county	114856
commissioners shall establish all regulations necessary to provide	114857
for the administration and allocation of the tax that are not	114858
inconsistent with this section or section 307.671 of the Revised	114859
Code. The regulations may prescribe the time for payment of the	114860
tax, and may provide for the imposition of a penalty or interest,	114861
or both, for late payments, provided that the penalty does not	114862
exceed ten per cent of the amount of tax due, and the rate at	114863
which interest accrues does not exceed the rate per annum	114864
prescribed pursuant to section 5703.47 of the Revised Code. All	114865
revenues arising from the tax shall be expended in accordance with	114866
section 307.671 of the Revised Code and division (D) of this	114867
section. The levy of a tax imposed under this division may not	114868
commence prior to the first day of the month next following the	114869
execution of the cooperative agreement authorized by section	114870
307.671 of the Revised Code by all parties to that agreement. The	114871
tax shall remain in effect at the rate at which it is imposed for	114872
the period of time described in division (C) of section 307.671 of	114873
the Revised Code for which the revenue from the tax has been	114874
pledged by the county to the corporation pursuant to that section,	114875
but, to any extent provided for in the cooperative agreement, for	114876
no lesser period than the period of time required for payment of	114877
the debt service charges on bonds, or notes in anticipation of	114878
bonds, described in division (B)(1)(b) of that section.	114879

(E) For the purpose of paying the costs of acquiring,	114880
constructing, equipping, and improving a municipal educational and	114881
cultural facility, including debt service charges on bonds	114882
provided for in division (B) of section 307.672 of the Revised	114883
Code, and for any additional purposes determined by the county in	114884
the resolution levying the tax or amendments to the resolution,	114885
including subsequent amendments providing for paying costs of	114886
acquiring, constructing, renovating, rehabilitating, equipping,	114887
and improving a port authority educational and cultural performing	114888
arts facility, as defined in section 307.674 of the Revised Code,	114889
and including debt service charges on bonds provided for in	114890
division (B) of section 307.674 of the Revised Code, the	114891
legislative authority of a county, by resolution adopted within	114892
ninety days after June 30, 1993, by a majority of the members of	114893
the legislative authority, may levy an additional excise tax not	114894
to exceed one and one-half per cent on transactions by which	114895
lodging by a hotel is or is to be furnished to transient guests.	114896
The excise tax authorized by this division shall be in addition to	114897
any tax that is levied pursuant to divisions (A), (B), (C), and	114898
(D) of this section, to any excise tax levied pursuant to section	114899
5739.08 of the Revised Code, and to any excise tax levied pursuant	114900
to section 351.021 of the Revised Code. The legislative authority	114901
of the county shall establish all regulations necessary to provide	114902
for the administration and allocation of the tax. The regulations	114903
may prescribe the time for payment of the tax, and may provide for	114904
the imposition of a penalty or interest, or both, for late	114905
payments, provided that the penalty does not exceed ten per cent	114906
of the amount of tax due, and the rate at which interest accrues	114907
does not exceed the rate per annum prescribed pursuant to section	114908
5703.47 of the Revised Code. All revenues arising from the tax	114909
shall be expended in accordance with section 307.672 of the	114910
Revised Code and this division. The levy of a tax imposed under	114911
this division shall not commence prior to the first day of the	114912
month next following the execution of the cooperative agreement	114913
authorized by section 307.672 of the Revised Code by all parties	114914
to that agreement. The tax shall remain in effect at the rate at	114915
which it is imposed for the period of time determined by the	114916
legislative authority of the county. That period of time shall not	114917
exceed fifteen years, except that the legislative authority of a	114918
county with a population of less than two hundred fifty thousand	114919
according to the most recent federal decennial census, by	114920
resolution adopted by a majority of its members before the	114921
original tax expires, may extend the duration of the tax for an	114922
additional period of time. The additional period of time by which	114923
a legislative authority extends a tax levied under this division	114924
shall not exceed fifteen years.	114925

(F) The legislative authority of a county that has levied a	114926
tax under division (E) of this section may, by resolution adopted	114927
within one hundred eighty days after January 4, 2001, by a	114928
majority of the members of the legislative authority, amend the	114929
resolution levying a tax under that division to provide for the	114930
use of the proceeds of that tax, to the extent that it is no	114931
longer needed for its original purpose as determined by the	114932
parties to a cooperative agreement amendment pursuant to division	114933
(D) of section 307.672 of the Revised Code, to pay costs of	114934
acquiring, constructing, renovating, rehabilitating, equipping,	114935
and improving a port authority educational and cultural performing	114936
arts facility, including debt service charges on bonds provided	114937
for in division (B) of section 307.674 of the Revised Code, and to	114938
pay all obligations under any guaranty agreements, reimbursement	114939
agreements, or other credit enhancement agreements described in	114940
division (C) of section 307.674 of the Revised Code. The	114941
resolution may also provide for the extension of the tax at the	114942
same rate for the longer of the period of time determined by the	114943
legislative authority of the county, but not to exceed an	114944
additional twenty-five years, or the period of time required to	114945
pay all debt service charges on bonds provided for in division (B)	114946
of section 307.672 of the Revised Code and on port authority	114947
revenue bonds provided for in division (B) of section 307.674 of	114948
the Revised Code. All revenues arising from the amendment and	114949
extension of the tax shall be expended in accordance with section	114950
307.674 of the Revised Code, this division, and division (E) of	114951
this section.	114952

(G) For purposes of a tax levied by a county, township, or	114953
municipal corporation under this section or section 5739.08 of the	114954
Revised Code, a board of county commissioners, board of township	114955
trustees, or the legislative authority of a municipal corporation	114956
may adopt a resolution or ordinance at any time specifying that	114957
"hotel," as otherwise defined in section 5739.01 of the Revised	114958
Code, includes the following:	114959

(1) Establishments in which fewer than five rooms are used	114960
for the accommodation of guests.	114961

(2) Establishments at which rooms are used for the	114962
accommodation of guests regardless of whether each room is	114963
accessible through its own keyed entry or several rooms are	114964
accessible through the same keyed entry; and, in determining the	114965
number of rooms, all rooms are included regardless of the number	114966
of structures in which the rooms are situated or the number of	114967
parcels of land on which the structures are located if the	114968
structures are under the same ownership and the structures are not	114969
identified in advertisements of the accommodations as distinct	114970
establishments. For the purposes of division (G)(2) of this	114971
section, two or more structures are under the same ownership if	114972
they are owned by the same person, or if they are owned by two or	114973
more persons the majority of the ownership interests of which are	114974
owned by the same person.	114975

The resolution or ordinance may apply to a tax imposed	114976
pursuant to this section prior to the adoption of the resolution	114977
or ordinance if the resolution or ordinance so states, but the tax	114978
shall not apply to transactions by which lodging by such an	114979
establishment is provided to transient guests prior to the	114980
adoption of the resolution or ordinance.	114981

(H)(1) As used in this division:

114982

(a) "Convention facilities authority" has the same meaning as	114983
in section 351.01 of the Revised Code.	114984

(b) "Convention center" has the same meaning as in section	114985
307.695 of the Revised Code.	114986

(2) Notwithstanding any contrary provision of division (D) of	114987
this section, the legislative authority of a county with a	114988
population of one million or more according to the most recent	114989
federal decennial census that has levied a tax under division (D)	114990
of this section may, by resolution adopted by a majority of the	114991
members of the legislative authority, provide for the extension of	114992
such levy and may provide that the proceeds of that tax, to the	114993
extent that they are no longer needed for their original purpose	114994
as defined by a cooperative agreement entered into under section	114995
307.671 of the Revised Code, shall be deposited into the county	114996
general revenue fund. The resolution shall provide for the	114997
extension of the tax at a rate not to exceed the rate specified in	114998
division (D) of this section for a period of time determined by	114999
the legislative authority of the county, but not to exceed an	115000
additional forty years.	115001

(3) The legislative authority of a county with a population	115002
of one million or more that has levied a tax under division (A)(1)	115003
of this section may, by resolution adopted by a majority of the	115004
members of the legislative authority, increase the rate of the tax	115005
levied by such county under division (A)(1) of this section to a	115006
rate not to exceed five per cent on transactions by which lodging	115007
by a hotel is or is to be furnished to transient guests.	115008
Notwithstanding any contrary provision of division (A)(1) of this	115009
section, the resolution may provide that all collections resulting	115010
from the rate levied in excess of three per cent, after deducting	115011
the real and actual costs of administering the tax, shall be	115012
deposited in the county general fund.	115013

(4) The legislative authority of a county with a population	115014
of one million or more that has levied a tax under division (A)(1)	115015
of this section may, by resolution adopted on or before August 30,	115016
2004, by a majority of the members of the legislative authority,	115017
provide that all or a portion of the proceeds of the tax levied	115018
under division (A)(1) of this section, after deducting the real	115019
and actual costs of administering the tax and the amounts required	115020
to be returned to townships and municipal corporations with	115021
respect to the first three per cent levied under division (A)(1)	115022
of this section, shall be deposited in the county general fund,	115023
provided that such proceeds shall be used to satisfy any pledges	115024
made in connection with an agreement entered into under section	115025
307.695 of the Revised Code.	115026

(5) No amount collected from a tax levied, extended, or	115027
required to be deposited in the county general fund under division	115028
(H) of this section shall be contributed to a convention	115029
facilities authority, corporation, or other entity created after	115030
July 1, 2003, for the principal purpose of constructing,	115031
improving, expanding, equipping, financing, or operating a	115032
convention center unless the mayor of the municipal corporation in	115033
which the convention center is to be operated by that convention	115034
facilities authority, corporation, or other entity has consented	115035
to the creation of that convention facilities authority,	115036
corporation, or entity. Notwithstanding any contrary provision of	115037
section 351.04 of the Revised Code, if a tax is levied by a county	115038
under division (H) of this section, the board of county	115039
commissioners of that county may determine the manner of	115040
selection, the qualifications, the number, and terms of office of	115041
the members of the board of directors of any convention facilities	115042
authority, corporation, or other entity described in division	115043
(H)(5) of this section.	115044

(6)(a) No amount collected from a tax levied, extended, or	115045
required to be deposited in the county general fund under division	115046
(H) of this section may be used for any purpose other than paying	115047
the direct and indirect costs of constructing, improving,	115048
expanding, equipping, financing, or operating a convention center	115049
and for the real and actual costs of administering the tax,	115050
unless, prior to the adoption of the resolution of the legislative	115051
authority of the county authorizing the levy, extension, increase,	115052
or deposit, the county and the mayor of the most populous	115053
municipal corporation in that county have entered into an	115054
agreement as to the use of such amounts, provided that such	115055
agreement has been approved by a majority of the mayors of the	115056
other municipal corporations in that county. The agreement shall	115057
provide that the amounts to be used for purposes other than paying	115058
the convention center or administrative costs described in	115059
division (H)(6)(a) of this section be used only for the direct and	115060
indirect costs of capital improvements, including the financing of	115061
capital improvements.	115062

(b) If the county in which the tax is levied has an	115063
association of mayors and city managers, the approval of that	115064
association of an agreement described in division (H)(6)(a) of	115065
this section shall be considered to be the approval of the	115066
majority of the mayors of the other municipal corporations for	115067
purposes of that division.	115068

(7) Each year, the auditor of state shall conduct an audit of	115069
the uses of any amounts collected from taxes levied, extended, or	115070
deposited under division (H) of this section and shall prepare a	115071
report of the auditor of state's findings. The auditor of state	115072
shall submit the report to the legislative authority of the county	115073
that has levied, extended, or deposited the tax, the speaker of	115074
the house of representatives, the president of the senate, and the	115075
leaders of the minority parties of the house of representatives	115076
and the senate.	115077

(I)(1) As used in this division:

115078

(a) "Convention facilities authority" has the same meaning as	115079
in section 351.01 of the Revised Code.	115080

(b) "Convention center" has the same meaning as in section	115081
307.695 of the Revised Code.	115082

(2) Notwithstanding any contrary provision of division (D) of	115083
this section, the legislative authority of a county with a	115084
population of one million two hundred thousand or more according	115085
to the most recent federal decennial census or the most recent	115086
annual population estimate published or released by the United	115087
States census bureau at the time the resolution is adopted placing	115088
the levy on the ballot, that has levied a tax under division (D)	115089
of this section may, by resolution adopted by a majority of the	115090
members of the legislative authority, provide for the extension of	115091
such levy and may provide that the proceeds of that tax, to the	115092
extent that the proceeds are no longer needed for their original	115093
purpose as defined by a cooperative agreement entered into under	115094
section 307.671 of the Revised Code and after deducting the real	115095
and actual costs of administering the tax, shall be used for	115096
paying the direct and indirect costs of constructing, improving,	115097
expanding, equipping, financing, or operating a convention center.	115098
The resolution shall provide for the extension of the tax at a	115099
rate not to exceed the rate specified in division (D) of this	115100
section for a period of time determined by the legislative	115101
authority of the county, but not to exceed an additional forty	115102
years.	115103

(3) The legislative authority of a county with a population	115104
of one million two hundred thousand or more that has levied a tax	115105
under division (A)(1) of this section may, by resolution adopted	115106
by a majority of the members of the legislative authority,	115107
increase the rate of the tax levied by such county under division	115108
(A)(1) of this section to a rate not to exceed five per cent on	115109
transactions by which lodging by a hotel is or is to be furnished	115110
to transient guests. Notwithstanding any contrary provision of	115111
division (A)(1) of this section, the resolution shall provide that	115112
all collections resulting from the rate levied in excess of three	115113
per cent, after deducting the real and actual costs of	115114
administering the tax, shall be used for paying the direct and	115115
indirect costs of constructing, improving, expanding, equipping,	115116
financing, or operating a convention center.	115117

(4) The legislative authority of a county with a population	115118
of one million two hundred thousand or more that has levied a tax	115119
under division (A)(1) of this section may, by resolution adopted	115120
on or before July 1, 2008, by a majority of the members of the	115121
legislative authority, provide that all or a portion of the	115122
proceeds of the tax levied under division (A)(1) of this section,	115123
after deducting the real and actual costs of administering the tax	115124
and the amounts required to be returned to townships and municipal	115125
corporations with respect to the first three per cent levied under	115126
division (A)(1) of this section, shall be used to satisfy any	115127
pledges made in connection with an agreement entered into under	115128
section 307.695 of the Revised Code or shall otherwise be used for	115129
paying the direct and indirect costs of constructing, improving,	115130
expanding, equipping, financing, or operating a convention center.	115131

(5) Any amount collected from a tax levied or extended under	115132
division (I) of this section may be contributed to a convention	115133
facilities authority created before July 1, 2005, but no amount	115134
collected from a tax levied or extended under division (I) of this	115135
section may be contributed to a convention facilities authority,	115136
corporation, or other entity created after July 1, 2005, unless	115137
the mayor of the municipal corporation in which the convention	115138
center is to be operated by that convention facilities authority,	115139
corporation, or other entity has consented to the creation of that	115140
convention facilities authority, corporation, or entity.	115141

(J) A board of commissioners of a county or board of trustees	115142
of a township may not adopt or amend a resolution levying a tax on	115143
transactions by which lodging by a hotel is or is to be furnished	115144
to transient guests pursuant to this section on or after October	115145
1, 2013, unless the board levies the tax on any transaction by	115146
which a transient guest obtains or will obtain lodging in a hotel	115147
using a hotel intermediary. The board shall levy the tax on any	115148
amount the purchaser pays to the hotel intermediary for the	115149
intermediary's services plus any amount paid for the furnishing of	115150
lodging in a hotel to the transient guest.	115151

The hotel intermediary shall collect and remit all tax paid	115152
by the purchaser to the county or township, as applicable, that	115153
levies the tax pursuant to this section. If the hotel intermediary	115154
does not collect or remit the full amount of tax, the hotel in	115155
which the transient guest will lodge shall attempt to collect and	115156
remit to the county or township, as applicable, the uncollected or	115157
unremitted tax.	115158

Sec. 5739.12. (A)(1) Each person who has or is required to	115159
have a vendor's license, on or before the twenty-third day of each	115160
month, shall make and file a return for the preceding month in the	115161
form prescribed by the tax commissioner, and shall pay the tax	115162
shown on the return to be due. The return shall be filed	115163
electronically using the Ohio business gateway, as defined in	115164
section 718.051 of the Revised Code, the Ohio telefile system, or	115165
any other electronic means prescribed by the commissioner. Payment	115166
of the tax shown on the return to be due shall be made	115167
electronically in a manner approved by the commissioner. The	115168
commissioner may require a vendor that operates from multiple	115169
locations or has multiple vendor's licenses to report all tax	115170
liabilities on one consolidated return. The return shall show the	115171
amount of tax due from the vendor to the state for the period	115172
covered by the return and such other information as the	115173
commissioner deems necessary for the proper administration of this	115174
chapter. The commissioner may extend the time for making and	115175
filing returns and paying the tax, and may require that the return	115176
for the last month of any annual or semiannual period, as	115177
determined by the commissioner, be a reconciliation return	115178
detailing the vendor's sales activity for the preceding annual or	115179
semiannual period. The reconciliation return shall be filed by the	115180
last day of the month following the last month of the annual or	115181
semiannual period. The commissioner may remit all or any part of	115182
amounts or penalties that may become due under this chapter and	115183
may adopt rules relating thereto. Such return shall be filed	115184
electronically as directed by the tax commissioner, and payment of	115185
the amount of tax shown to be due thereon, after deduction of any	115186
discount provided for under this section, shall be made	115187
electronically in a manner approved by the tax commissioner.	115188

(2) Any person required to file returns and make payments	115189
electronically under division (A)(1) of this section may apply to	115190
the tax commissioner on a form prescribed by the commissioner to	115191
be excused from that requirement. For good cause shown, the	115192
commissioner may excuse the person from that requirement and may	115193
permit the person to file the returns and make the payments	115194
required by this section by nonelectronic means.	115195

(B)(1) If the return is filed and the amount of tax shown	115196
thereon to be due is paid on or before the date such return is	115197
required to be filed, the vendor shall be entitled to a discount	115198
of three-fourths of one per cent of the amount shown to be due on	115199
the return.	115200

(2) A vendor that has selected a certified service provider	115201
as its agent shall not be entitled to the discount if the	115202
certified service provider receives a monetary allowance pursuant	115203
to section 5739.06 of the Revised Code for performing the vendor's	115204
sales and use tax functions in this state. Amounts paid to the	115205
clerk of courts pursuant to section 4505.06 of the Revised Code	115206
shall be subject to the applicable discount. The discount shall be	115207
in consideration for prompt payment to the clerk of courts and for	115208
other services performed by the vendor in the collection of the	115209
tax.	115210

(C)(1) Upon application to the tax commissioner, a vendor who	115211
is required to file monthly returns may be relieved of the	115212
requirement to report and pay the actual tax due, provided that	115213
the vendor agrees to remit to the commissioner payment of not less	115214
than an amount determined by the commissioner to be the average	115215
monthly tax liability of the vendor, based upon a review of the	115216
returns or other information pertaining to such vendor for a	115217
period of not less than six months nor more than two years	115218
immediately preceding the filing of the application. Vendors who	115219
agree to the above conditions shall make and file an annual or	115220
semiannual reconciliation return, as prescribed by the	115221
commissioner. The reconciliation return shall be filed	115222
electronically as directed by the tax commissioner, and payment of	115223
the amount of tax shown to be due thereon, after deduction of any	115224
discount provided in this section, shall be made electronically in	115225
a manner approved by the commissioner. Failure of a vendor to	115226
comply with any of the above conditions may result in immediate	115227
reinstatement of the requirement of reporting and paying the	115228
actual tax liability on each monthly return, and the commissioner	115229
may at the commissioner's discretion deny the vendor the right to	115230
report and pay based upon the average monthly liability for a	115231
period not to exceed two years. The amount ascertained by the	115232
commissioner to be the average monthly tax liability of a vendor	115233
may be adjusted, based upon a review of the returns or other	115234
information pertaining to the vendor for a period of not less than	115235
six months nor more than two years preceding such adjustment.	115236

(2) The commissioner may authorize vendors whose tax	115237
liability is not such as to merit monthly returns, as ascertained	115238
by the commissioner upon the basis of administrative costs to the	115239
state, to make and file returns at less frequent intervals. When	115240
returns are filed at less frequent intervals in accordance with	115241
such authorization, the vendor shall be allowed the discount	115242
provided in this section in consideration for prompt payment with	115243
the return, provided the return is filed and payment is made of	115244
the amount of tax shown to be due thereon, at the time specified	115245
by the commissioner, but a vendor that has selected a certified	115246
service provider as its agent shall not be entitled to the	115247
discount.	115248

(D) Any vendor who fails to file a return or to pay the full	115249
amount of the tax shown on the return to be due in the manner	115250
prescribed under this section and the rules of the commissioner	115251
may, for each such return, be required to forfeit and pay into the	115252
state treasury an additional charge not exceeding fifty dollars or	115253
ten per cent of the tax required to be paid for the reporting	115254
period, whichever is greater, as revenue arising from the tax	115255
imposed by this chapter, and such sum may be collected by	115256
assessment in the manner provided in section 5739.13 of the	115257
Revised Code. The commissioner may remit all or a portion of the	115258
additional charge and may adopt rules relating to the imposition	115259
and remission of the additional charge.	115260

(E) If the amount required to be collected by a vendor from	115261
consumers is in excess of the applicable percentage of the	115262
vendor's receipts from sales that are taxable under section	115263
5739.02 of the Revised Code, or in the case of sales subject to a	115264
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	115265
the Revised Code, in excess of the percentage equal to the	115266
aggregate rate of such taxes and the tax levied by section 5739.02	115267
of the Revised Code, such excess shall be remitted along with the	115268
remittance of the amount of tax due under section 5739.10 of the	115269
Revised Code.	115270

(F) The commissioner, if the commissioner deems it necessary	115271
in order to insure the payment of the tax imposed by this chapter,	115272
may require returns and payments to be made for other than monthly	115273
periods.	115274

(G) Any vendor required to file a return and pay the tax	115275
under this section whose total payment for a year equals or	115276
exceeds the amount shown in division (A) of section 5739.122 of	115277
the Revised Code is subject to the accelerated tax payment	115278
requirements in divisions (B) and (C) of that section. For a	115279
vendor that operates from multiple locations or has multiple	115280
vendor's licenses, in determining whether the vendor's total	115281
payment equals or exceeds the amount shown in division (A) of that	115282
section, the vendor's total payment amount shall be the amount of	115283
the vendor's total tax liability for the previous calendar year	115284
for all of the vendor's locations or licenses.	115285

(H) If a vendor that is a hotel intermediary does not collect	115286
and remit the full amount of tax due, the hotel in which the	115287
transient guest will lodge shall attempt to collect and remit any	115288
remaining amount of tax from the transient guest.	115289

Sec. 5739.13. (A) If any vendor collects the tax imposed by	115290
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	115291
the Revised Code, and fails to remit the tax to the state as	115292
prescribed, or on the sale of a motor vehicle, watercraft, or	115293
outboard motor required to be titled, fails to remit payment to a	115294
clerk of a court of common pleas as provided in section 1548.06 or	115295
4505.06 of the Revised Code, the vendor shall be personally liable	115296
for any tax collected and not remitted. The tax commissioner may	115297
make an assessment against such vendor based upon any information	115298
in the commissioner's possession.	115299

If any vendor fails to collect the tax or any consumer fails	115300
to pay the tax imposed by or pursuant to section 5739.02,	115301
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	115302
transaction subject to the tax, the vendor or consumer shall be	115303
personally liable for the amount of the tax applicable to the	115304
transaction. The commissioner may make an assessment against	115305
either the vendor or consumer, as the facts may require, based	115306
upon any information in the commissioner's possession.	115307

An assessment against a vendor when the tax imposed by or	115308
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	115309
the Revised Code has not been collected or paid, shall not	115310
discharge the purchaser's or consumer's liability to reimburse the	115311
vendor for the tax applicable to such transaction.	115312

An assessment issued against either, pursuant to this	115313
section, shall not be considered an election of remedies, nor a	115314
bar to an assessment against the other for the tax applicable to	115315
the same transaction, provided that no assessment shall be issued	115316
against any person for the tax due on a particular transaction if	115317
the tax on that transaction actually has been paid by another.	115318

The commissioner may make an assessment against any vendor	115319
who fails to file a return or remit the proper amount of tax	115320
required by this chapter, or against any consumer who fails to pay	115321
the proper amount of tax required by this chapter. When	115322
information in the possession of the commissioner indicates that	115323
the amount required to be collected or paid under this chapter is	115324
greater than the amount remitted by the vendor or paid by the	115325
consumer, the commissioner may audit a sample of the vendor's	115326
sales or the consumer's purchases for a representative period, to	115327
ascertain the per cent of exempt or taxable transactions or the	115328
effective tax rate and may issue an assessment based on the audit.	115329
The commissioner shall make a good faith effort to reach agreement	115330
with the vendor or consumer in selecting a representative sample.	115331

The commissioner may make an assessment, based on any	115332
information in ~~his~~the commissioner's possession, against any	115333
person who fails to file a return or remit the proper amount of	115334
tax required by section 5739.102 of the Revised Code.	115335

The commissioner may issue an assessment on any transaction	115336
for which any tax imposed under this chapter or Chapter 5741. of	115337
the Revised Code was due and unpaid on the date the vendor or	115338
consumer was informed by an agent of the tax commissioner of an	115339
investigation or audit. If the vendor or consumer remits any	115340
payment of the tax for the period covered by the assessment after	115341
the vendor or consumer was informed of the investigation or audit,	115342
the payment shall be credited against the amount of the	115343
assessment.	115344

The commissioner shall give the party assessed written notice	115345
of the assessment in the manner provided in section 5703.37 of the	115346
Revised Code. With the notice, the commissioner shall provide	115347
instructions on how to petition for reassessment and request a	115348
hearing on the petition.	115349

(B) Unless the party assessed files with the commissioner	115350
within sixty days after service of the notice of assessment,	115351
either personally or by certified mail, a written petition for	115352
reassessment, signed by the party assessed or that party's	115353
authorized agent having knowledge of the facts, the assessment	115354
becomes final and the amount of the assessment is due from the	115355
party assessed and payable to the treasurer of state and remitted	115356
to the tax commissioner. The petition shall indicate the	115357
objections of the party assessed, but additional objections may be	115358
raised in writing if received by the commissioner prior to the	115359
date shown on the final determination. If the petition has been	115360
properly filed, the commissioner shall proceed under section	115361
5703.60 of the Revised Code.	115362

(C) After an assessment becomes final, if any portion of the	115363
assessment remains unpaid, including accrued interest, a certified	115364
copy of the commissioner's entry making the assessment final may	115365
be filed in the office of the clerk of the court of common pleas	115366
in the county in which the place of business of the party assessed	115367
is located or the county in which the party assessed resides. If	115368
the party assessed maintains no place of business in this state	115369
and is not a resident of this state, the certified copy of the	115370
entry may be filed in the office of the clerk of the court of	115371
common pleas of Franklin county.	115372

Immediately upon the filing of the entry, the clerk shall	115373
enter a judgment for the state against the party assessed in the	115374
amount shown on the entry. The judgment may be filed by the clerk	115375
in a loose-leaf book entitled "special judgments for state,	115376
county, and transit authority retail sales tax" or, if	115377
appropriate, "special judgments for resort area excise tax," and	115378
shall have the same effect as other judgments. Execution shall	115379
issue upon the judgment upon the request of the tax commissioner,	115380
and all laws applicable to sales on execution shall apply to sales	115381
made under the judgment except as otherwise provided in this	115382
chapter.	115383

~~The portion of~~If the assessment is not paid in its entirety	115384
within sixty days after the date the assessment was issued, the	115385
portion of the assessment consisting of tax due shall bear	115386
interest at the rate per annum prescribed by section 5703.47 of	115387
the Revised Code from the day the tax commissioner issues the	115388
assessment until the assessment is paid or until it is certified	115389
to the attorney general for collection under section 131.02 of the	115390
Revised Code, whichever comes first. If the unpaid portion of the	115391
assessment is certified to the attorney general for collection,	115392
the entire unpaid portion of the assessment shall bear interest at	115393
the rate per annum prescribed by section 5703.47 of the Revised	115394
Code from the date of certification until the date it is paid in	115395
its entirety. Interest shall be paid in the same manner as the tax	115396
and may be collected by issuing an assessment under this section.	115397

(D) All money collected by the tax commissioner under this	115398
section shall be paid to the treasurer of state, and when paid	115399
shall be considered as revenue arising from the taxes imposed by	115400
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	115401

Sec. 5741.01. As used in this chapter:

115402

(A) "Person" includes individuals, receivers, assignees,	115403
trustees in bankruptcy, estates, firms, partnerships,	115404
associations, joint-stock companies, joint ventures, clubs,	115405
societies, corporations, business trusts, governments, and	115406
combinations of individuals of any form.	115407

(B) "Storage" means and includes any keeping or retention in	115408
this state for use or other consumption in this state.	115409

(C) "Use" means and includes the exercise of any right or	115410
power incidental to the ownership of the thing used. A thing is	115411
also "used" in this state if its consumer gives or otherwise	115412
distributes it, without charge, to recipients in this state.	115413

(D) "Purchase" means acquired or received for a	115414
consideration, whether such acquisition or receipt was effected by	115415
a transfer of title, or of possession, or of both, or a license to	115416
use or consume; whether such transfer was absolute or conditional,	115417
and by whatever means the transfer was effected; and whether the	115418
consideration was money, credit, barter, or exchange. Purchase	115419
includes production, even though the article produced was used,	115420
stored, or consumed by the producer. The transfer of copyrighted	115421
motion picture films for exhibition purposes is not a purchase,	115422
except such films as are used solely for advertising purposes.	115423

(E) "Seller" means the person from whom a purchase is made,	115424
and includes every person engaged in this state or elsewhere in	115425
the business of selling tangible personal property or providing a	115426
service for storage, use, or other consumption or benefit in this	115427
state; and when, in the opinion of the tax commissioner, it is	115428
necessary for the efficient administration of this chapter, to	115429
regard any ~~salesman~~salesperson, representative, peddler, or	115430
canvasser as the agent of a dealer, distributor, supervisor, or	115431
employer under whom the person operates, or from whom the person	115432
obtains tangible personal property, sold by the person for	115433
storage, use, or other consumption in this state, irrespective of	115434
whether or not the person is making such sales on the person's own	115435
behalf, or on behalf of such dealer, distributor, supervisor, or	115436
employer, the commissioner may regard the person as such agent,	115437
and may regard such dealer, distributor, supervisor, or employer	115438
as the seller. "Seller" does not include any person to the extent	115439
the person provides a communications medium, such as, but not	115440
limited to, newspapers, magazines, radio, television, or cable	115441
television, by means of which sellers solicit purchases of their	115442
goods or services.	115443

(F) "Consumer" means any person who has purchased tangible	115444
personal property or has been provided a service for storage, use,	115445
or other consumption or benefit in this state. "Consumer" does not	115446
include a person who receives, without charge, tangible personal	115447
property or a service.	115448

A person who performs a facility management or similar	115449
service contract for a contractee is a consumer of all tangible	115450
personal property and services purchased for use in connection	115451
with the performance of such contract, regardless of whether title	115452
to any such property vests in the contractee. The purchase of such	115453
property and services is not subject to the exception for resale	115454
under division (E) of section 5739.01 of the Revised Code.	115455

(G)(1) "Price," except as provided in divisions (G)(2) to (6)	115456
of this section, has the same meaning as in division (H)(1) of	115457
section 5739.01 of the Revised Code.	115458

(2) In the case of watercraft, outboard motors, or new motor	115459
vehicles, "price" has the same meaning as in divisions (H)(2) and	115460
(3) of section 5739.01 of the Revised Code.	115461

(3) In the case of a nonresident business consumer that	115462
purchases and uses tangible personal property outside this state	115463
and subsequently temporarily stores, uses, or otherwise consumes	115464
such tangible personal property in the conduct of business in this	115465
state, the consumer or the tax commissioner may determine the	115466
price based on the value of the temporary storage, use, or other	115467
consumption, in lieu of determining the price pursuant to division	115468
(G)(1) of this section. A price determination made by the consumer	115469
is subject to review and redetermination by the commissioner.	115470

(4) In the case of tangible personal property held in this	115471
state as inventory for sale or lease, and that is temporarily	115472
stored, used, or otherwise consumed in a taxable manner, the price	115473
is the value of the temporary use. A price determination made by	115474
the consumer is subject to review and redetermination by the	115475
commissioner.	115476

(5) In the case of tangible personal property originally	115477
purchased and used by the consumer outside this state, and that	115478
becomes permanently stored, used, or otherwise consumed in this	115479
state more than six months after its acquisition by the consumer,	115480
the consumer or the commissioner may determine the price based on	115481
the current value of such tangible personal property, in lieu of	115482
determining the price pursuant to division (G)(1) of this section.	115483
A price determination made by the consumer is subject to review	115484
and redetermination by the commissioner.	115485

(6) If a consumer produces tangible personal property for	115486
sale and removes that property from inventory for the consumer's	115487
own use, the price is the produced cost of that tangible personal	115488
property.	115489

(H) "Nexus with this state" means that the seller engages in	115490
continuous and widespread solicitation of purchases from residents	115491
of this state or otherwise purposefully directs its business	115492
activities at residents of this state.	115493

(I)(1) "Substantial nexus with this state" means that the	115494
seller has sufficient contact with this state, in accordance with	115495
Section 8 of Article I of the Constitution of the United States,	115496
to allow the state to require the seller to collect and remit use	115497
tax on sales of tangible personal property or services made to	115498
consumers in this state. ~~"Substantial~~	115499

(2) "Substantial nexus with this state" ~~exists~~is presumed to	115500
exist when the seller does any of the following:	115501

~~(1) Maintains a~~(a) Uses an office, distribution facility,	115502
warehouse, storage facility, or similar place of business within	115503
this state, whether operated by ~~employees or agents of~~ the seller,	115504
~~by a member of an affiliated group, as defined in division~~	115505
~~(B)(3)(e) of section 5739.01 of the Revised Code, of which the~~	115506
~~seller is a member, or by a franchisee using a trade name of the~~	115507
~~seller;~~or any other person, other than a common carrier acting in	115508
its capacity as a common carrier.	115509

~~(2)~~(b) Regularly ~~has~~uses employees, agents, representatives,	115510
solicitors, installers, ~~repairmen~~repairers, ~~salesmen~~	115511
salespersons, or other ~~individuals~~persons in this state (i) for	115512
the purpose of conducting the business of the seller;, or that	115513
(ii) engage in a business with the same or a similar industry	115514
classification as the seller selling a similar product or line of	115515
products as the seller, or (iii) use trademarks, service marks, or	115516
trade names in this state that are the same or substantially	115517
similar to those used by the seller.	115518

~~(3)~~(c) Uses aany person, other than a common carrier acting	115519
in its capacity as a common carrier, in this state for any of the	115520
~~purpose of receiving~~following purposes:	115521

(i) Receiving or processing orders of the seller's goods or	115522
services;	115523

(ii) Using that person's employees or facilities in this	115524
state to advertise, promote, or facilitate sales by the seller to	115525
customers;	115526

(iii) Delivering, installing, assembling, or performing	115527
maintenance services for the seller's customers;	115528

(iv) Facilitating the seller's delivery of tangible personal	115529
property to customers in this state by allowing the seller's	115530
customers to pick up property sold by the seller at an office,	115531
distribution facility, warehouse, storage facility, or similar	115532
place of business.	115533

~~(4)~~(d) Makes regular deliveries of tangible personal property	115534
into this state by means other than common carrier;.	115535

~~(5) Has membership in an affiliated group, as described in~~	115536
~~division (B)(3)(e) of section 5739.01 of the Revised Code, at~~	115537
~~least one other member of which has substantial nexus with this~~	115538
~~state;~~	115539

~~(6)~~(e) Owns tangible personal property that is rented or	115540
leased to a consumer in this state, or offers tangible personal	115541
property, on approval, to consumers in this state;.	115542

~~(7) Except as provided in section 5703.65 of the Revised~~	115543
~~Code, is registered with the secretary of state to do business in~~	115544
~~this state or is registered or licensed by any state agency,~~	115545
~~board, or commission to transact business in this state or to make~~	115546
~~sales to persons in this state;~~	115547

~~(8) Has any other contact with this state that would allow~~	115548
~~this state to require the seller to collect and remit use tax~~	115549
~~under Section 8 of Article I of the Constitution of the United~~	115550
~~States~~(f) Is a hotel intermediary that furnishes lodging in	115551
hotels located in this state to transient guests.	115552

(g) Enters into an agreement with one or more residents of	115553
this state under which the resident, for a commission or other	115554
consideration, directly or indirectly refers potential customers	115555
to the seller, whether by a link on a web site, an in-person oral	115556
presentation, telemarketing, or otherwise, provided the cumulative	115557
gross receipts from sales to consumers referred to the seller by	115558
all such residents exceeded ten thousand dollars during the	115559
preceding twelve months.	115560

(3) A seller presumed to have substantial nexus with this	115561
state under divisions (I)(2)(a) to (f) of this section may rebut	115562
that presumption by demonstrating that activities described in any	115563
of those divisions that are conducted by a person in this state on	115564
the seller's behalf are not significantly associated with the	115565
seller's ability to establish or maintain a market in this state	115566
for the seller's sales.	115567

(4) A seller presumed to have substantial nexus with this	115568
state under division (I)(2)(g) of this section may rebut that	115569
presumption by submitting proof that each resident engaged by the	115570
seller as described in that division did not engage in any	115571
activity within this state during the preceding twelve months that	115572
was significantly associated with the seller's ability to	115573
establish or maintain the seller's market in this state during the	115574
preceding twelve months. Such proof may consist of sworn written	115575
statements from all the residents with whom the seller has an	115576
agreement stating that the resident did not engage in any	115577
solicitation in this state on behalf of the seller during the	115578
preceding twelve months if such statements are provided and	115579
obtained in good faith.	115580

(5) A seller that does not have substantial nexus with this	115581
state, and any affiliated person of the seller, before selling or	115582
leasing tangible personal property or services to a state agency,	115583
shall register with the tax commissioner in the same manner as a	115584
seller described in division (A)(1) of section 5741.17 of the	115585
Revised Code.	115586

(6) As used in division (I) of this section:

115587

(a) "Affiliated person" means any person that is a member of	115588
the same controlled group of corporations as the seller or any	115589
other person that, notwithstanding the form of organization, bears	115590
the same ownership relationship to the seller as a corporation	115591
that is a member of the same controlled group of corporations.	115592

(b) "Controlled group of corporations" has the same meaning	115593
as in section 1536(a) of the Internal Revenue Code.	115594

(c) "State agency" has the same meaning as in section 1.60 of	115595
the Revised Code.	115596

(J) "Fiscal officer" means, with respect to a regional	115597
transit authority, the secretary-treasurer thereof, and with	115598
respect to a county which is a transit authority, the fiscal	115599
officer of the county transit board appointed pursuant to section	115600
306.03 of the Revised Code or, if the board of county	115601
commissioners operates the county transit system, the county	115602
auditor.	115603

(K) "Territory of the transit authority" means all of the	115604
area included within the territorial boundaries of a transit	115605
authority as they from time to time exist. Such territorial	115606
boundaries must at all times include all the area of a single	115607
county or all the area of the most populous county which is a part	115608
of such transit authority. County population shall be measured by	115609
the most recent census taken by the United States census bureau.	115610

(L) "Transit authority" means a regional transit authority	115611
created pursuant to section 306.31 of the Revised Code or a county	115612
in which a county transit system is created pursuant to section	115613
306.01 of the Revised Code. For the purposes of this chapter, a	115614
transit authority must extend to at least the entire area of a	115615
single county. A transit authority which includes territory in	115616
more than one county must include all the area of the most	115617
populous county which is a part of such transit authority. County	115618
population shall be measured by the most recent census taken by	115619
the United States census bureau.	115620

(M) "Providing a service" has the same meaning as in ~~division~~	115621
~~(X) of~~ section 5739.01 of the Revised Code.	115622

(N) "Other consumption" includes receiving the benefits of a	115623
service.	115624

(O) "Lease" or "rental" has the same meaning as in ~~division~~	115625
~~(UU) of~~ section 5739.01 of the Revised Code.	115626

(P) "Certified service provider" has the same meaning as in	115627
section 5740.01 of the Revised Code.	115628

(Q) "Hotel intermediary," "hotel," and "transient guest" have	115629
the same meanings as in section 5739.01 of the Revised Code.	115630

(R) "Remote sale" means a sale for which the seller could not	115631
be legally required to pay, collect, or remit a tax imposed under	115632
this chapter or Chapter 5739. of the Revised Code, unless	115633
otherwise provided by the laws of the United States.	115634

(S) "Remote seller" means a seller that makes remote sales to	115635
one or more consumers.	115636

(T) "Remote small seller" means a remote seller that has	115637
gross annual receipts from remote sales in the United States not	115638
exceeding one million dollars for the preceding calendar year. For	115639
the purposes of determining whether a person is a small remote	115640
seller, the sales of all persons related within the meaning of	115641
subsection (b) or (c) of section 267 or section 707(b)(1) of the	115642
Internal Revenue Code shall be aggregated, and persons with one or	115643
more ownership relationships shall be aggregated if those	115644
relationships were designed with the principal purpose to qualify	115645
as a remote small seller.	115646

Sec. 5741.03. (A) One hundred per cent of all money	115647
deposited into the state treasury under sections 5741.01 to	115648
5741.22 of the Revised Code that is not required to be distributed	115649
as provided in division (B) of this section shall be credited to	115650
the general revenue fund.	115651

(B) In any case where any county or transit authority has	115652
levied a tax or taxes pursuant to section 5741.021, 5741.022, or	115653
5741.023 of the Revised Code, the tax commissioner shall, within	115654
forty-five days after the end of each month, determine and certify	115655
to the director of budget and management the amount of the	115656
proceeds of such tax or taxes from billings and assessments	115657
received during that month, or shown on tax returns or reports	115658
filed during that month, to be returned to the county or transit	115659
authority levying the tax or taxes, which amounts shall be	115660
determined in the manner provided in section 5739.21 of the	115661
Revised Code. The director of budget and management shall	115662
transfer, from the general revenue fund, to the permissive tax	115663
distribution fund created by division (B)(1) of section 4301.423	115664
of the Revised Code and to the local sales tax administrative fund	115665
created by division (C) of section 5739.21 of the Revised Code,	115666
the amounts certified by the tax commissioner. The tax	115667
commissioner shall then, on or before the twentieth day of the	115668
month in which such certification is made, provide for payment of	115669
such respective amounts to the county treasurer or to the fiscal	115670
officer of the transit authority levying the tax or taxes. The	115671
amount transferred to the local sales tax administrative fund is	115672
for use by the tax commissioner in defraying costs the	115673
commissioner incurs in administering such taxes levied by a county	115674
or transit authority.	115675

(C) Within forty-five days after the end of each month, the	115676
tax commissioner shall determine and certify to the director of	115677
budget and management the amount of tax collected under this	115678
chapter from remote sellers during the preceding month, reduced by	115679
any refunds issued to remote sellers from the tax refund fund	115680
created by section 5703.052 of the Revised Code, and the director	115681
of budget and management shall transfer the amount so certified	115682
from the general revenue fund to the income tax reduction fund.	115683
Amounts transferred to the income tax reduction fund under this	115684
section shall be included in the determination of the percentage	115685
under division (B)(2) of section 131.44 of the Revised Code.	115686

Sec. 5741.032. There is hereby created in the state treasury	115687
the remote seller administration fund for the purpose of paying	115688
the expenses incurred by the department of taxation in the	115689
administration of this chapter with respect to remote sellers.	115690
Annually, before the thirty-first day of July, the treasurer of	115691
state shall transfer to the remote seller administration fund	115692
one-half of one per cent of the taxes collected from remote	115693
sellers under this chapter during the preceding fiscal year.	115694

Sec. 5741.12. (A) Each seller required by section 5741.17 of	115695
the Revised Code to register with the tax commissioner, and any	115696
seller authorized by the commissioner to collect the tax imposed	115697
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	115698
of the Revised Code is subject to the same requirements and	115699
entitled to the same deductions and discount for prompt payments	115700
as are vendors under section 5739.12 of the Revised Code, and the	115701
same monetary allowances as are vendors under section 5739.06 of	115702
the Revised Code. The powers and duties of the commissioner with	115703
respect to returns and tax remittances under this section shall be	115704
identical with those prescribed in section 5739.12 of the Revised	115705
Code.	115706

(B) Every person storing, using, or consuming tangible	115707
personal property or receiving the benefit of a service, the	115708
storage, use, consumption, or receipt of which is subject to the	115709
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	115710
or 5741.023 of the Revised Code, when such tax was not paid to a	115711
seller, shall, on or before the twenty-third day of each month,	115712
file with the tax commissioner a return for the preceding month in	115713
such form as is prescribed by the commissioner, showing such	115714
information as the commissioner deems necessary, and shall pay the	115715
tax shown on the return to be due. Remittance shall be made	115716
payable to the treasurer of state. The commissioner may require	115717
consumers to file returns and pay the tax at other than monthly	115718
intervals, if the commissioner determines that such filing is	115719
necessary for the efficient administration of the tax. If the	115720
commissioner determines that a consumer's tax liability is not	115721
such as to merit monthly filing, the commissioner may authorize	115722
the consumer to file returns and pay tax at less frequent	115723
intervals.	115724

Any consumer required to file a return and pay the tax under	115725
this section whose payment for any year equals or exceeds the	115726
amount shown in division (A) of section 5741.121 of the Revised	115727
Code is subject to the accelerated tax payment requirements in	115728
divisions (B) and (C) of that section.	115729

(C) Every person storing, using, or consuming a motor	115730
vehicle, watercraft, or outboard motor, the ownership of which	115731
must be evidenced by certificate of title, shall file the return	115732
required by this section and pay the tax due at or prior to the	115733
time of filing an application for certificate of title.	115734

(D) If a seller that is a hotel intermediary does not collect	115735
and remit the full amount of tax due, the hotel in which the	115736
transient guest will lodge shall attempt to collect and remit any	115737
remaining amount of tax from the transient guest.	115738

Sec. 5741.17. (A)(1) Except as otherwise provided in	115739
divisions (A)(2), (3), and (4) of this section, every seller of	115740
tangible personal property or services who has substantial nexus	115741
with this state shall register with the tax commissioner and	115742
supply any information concerning ~~his~~the seller's contacts with	115743
this state that may be required by the commissioner.	115744

(2) A seller who is licensed as a vendor pursuant to section	115745
5739.17 of the Revised Code shall not be required to register with	115746
the commissioner pursuant to this section if all sales to	115747
consumers in this state are made under the authority of ~~his~~the	115748
seller's vendor's license.	115749

(3) AUnless the seller has substantial nexus with this state	115750
pursuant to division (I)(2)(g) of section 5741.01 of the Revised	115751
Code, a seller is not required to register under this section if	115752
the seller has no contact with this state other than an agency	115753
relationship with a person engaged in the business of	115754
telemarketing in this state and engaged by the seller exclusively	115755
for the purpose of solicitation of customers in other states.	115756

(4) A seller is not required to register under this section	115757
if the seller has no contact with this state other than the	115758
ownership of property that is located at the facility of a printer	115759
with which the seller has contracted for printing and that	115760
consists of the final printed product, property that becomes a	115761
part of the final printed product, or copy from which the final	115762
printed product is produced.	115763

(B) A seller who does not have substantial nexus with this	115764
state may voluntarily register with the commissioner. A seller who	115765
voluntarily registers with the commissioner under this section is	115766
entitled to the same benefits and is subject to the same duties	115767
and requirements as a seller required to be registered with the	115768
commissioner under this chapter.	115769

The commissioner shall maintain an alphabetical index of all	115770
sellers registered under this chapter and records of the use tax	115771
reported and paid. Upon request, this information shall be made	115772
available to the treasurer of state.	115773

(C) A remote small seller is not required to register under	115774
this section.	115775

Sec. 5743.081. (A) If any wholesale dealer or retail dealer	115776
fails to pay the tax levied under section 5743.02, 5743.021,	115777
5743.024, or 5743.026 of the Revised Code as required by sections	115778
5743.01 to 5743.20 of the Revised Code, and by the rules of the	115779
tax commissioner, or fails to collect the tax from the purchaser	115780
or consumer, the commissioner may make an assessment against the	115781
wholesale or retail dealer based upon any information in the	115782
commissioner's possession.	115783

The commissioner may make an assessment against any wholesale	115784
or retail dealer who fails to file a return required by section	115785
5743.03 or 5743.025 of the Revised Code.	115786

No assessment shall be made against any wholesale or retail	115787
dealer for any taxes imposed under section 5743.02, 5743.021,	115788
5743.024, or 5743.026 of the Revised Code more than three years	115789
after the last day of the calendar month that immediately follows	115790
the semiannual period prescribed in section 5743.03 of the Revised	115791
Code in which the sale was made, or more than three years after	115792
the semiannual return for such period is filed, whichever is	115793
later. This section does not bar an assessment against any	115794
wholesale or retail dealer who fails to file a return as required	115795
by section 5743.025 or 5743.03 of the Revised Code, or who files a	115796
fraudulent return.	115797

A penalty of up to thirty per cent may be added to the amount	115798
of every assessment made under this section. The commissioner may	115799
adopt rules providing for the imposition and remission of	115800
penalties added to assessments made under this section.	115801

The commissioner shall give the party assessed written notice	115802
of the assessment in the manner provided in section 5703.37 of the	115803
Revised Code. The notice shall specify separately any portion of	115804
the assessment that represents a county tax. With the notice, the	115805
commissioner shall provide instructions on how to petition for	115806
reassessment and request a hearing on the petition.	115807

(B) Unless the party assessed files with the tax commissioner	115808
within sixty days after service of the notice of assessment,	115809
either personally or by certified mail, a written petition for	115810
reassessment signed by the party assessed or that party's	115811
authorized agent having knowledge of the facts, the assessment	115812
becomes final and the amount of the assessment is due and payable	115813
from the party assessed to the treasurer of state. The petition	115814
shall indicate the objections of the party assessed, but	115815
additional objections may be raised in writing if received by the	115816
commissioner prior to the date shown on the final determination.	115817
If the petition has been properly filed, the commissioner shall	115818
proceed under section 5703.60 of the Revised Code.	115819

(C) After an assessment becomes final, if any portion of the	115820
assessment remains unpaid, including accrued interest, a certified	115821
copy of the tax commissioner's entry making the assessment final	115822
may be filed in the office of the clerk of the court of common	115823
pleas in the county in which the wholesale or retail dealer's	115824
place of business is located or the county in which the party	115825
assessed resides. If the party assessed maintains no place of	115826
business in this state and is not a resident of this state, the	115827
certified copy of the entry may be filed in the office of the	115828
clerk of the court of common pleas of Franklin county.	115829

Immediately upon the filing of the commissioner's entry, the	115830
clerk shall enter a judgment for the state against the party	115831
assessed in the amount shown on the entry. The judgment may be	115832
filed by the clerk in a loose-leaf book entitled "special	115833
judgments for state cigarette sales tax," and shall have the same	115834
effect as other judgments. Execution shall issue upon the judgment	115835
upon the request of the tax commissioner, and all laws applicable	115836
to sales on execution shall apply to sales made under the	115837
judgment, except as otherwise provided in sections 5743.01 to	115838
5743.20 of the Revised Code.	115839

~~The portion of~~If the assessment is not paid in its entirety	115840
within sixty days after the assessment was issued, the portion of	115841
the assessment consisting of tax due shall bear interest at the	115842
rate per annum prescribed by section 5703.47 of the Revised Code	115843
from the day the commissioner issues the assessment until it is	115844
paid or until it is certified to the attorney general for	115845
collection under section 131.02 of the Revised Code, whichever	115846
comes first. If the unpaid portion of the assessment is certified	115847
to the attorney general for collection, the entire unpaid portion	115848
of the assessment shall bear interest at the rate per annum	115849
prescribed by section 5703.47 of the Revised Code from the date of	115850
certification until the date it is paid in its entirety. Interest	115851
shall be paid in the same manner as the tax and may be collected	115852
by the issuance of an assessment under this section.	115853

(D) All money collected by the tax commissioner under this	115854
section shall be paid to the treasurer of state, and when paid	115855
shall be considered as revenue arising from the taxes imposed by	115856
sections 5743.01 to 5743.20 of the Revised Code.	115857

Sec. 5743.15. (A) Except as otherwise provided in this	115858
division, no person shall engage in this state in the wholesale or	115859
retail business of trafficking in cigarettes or in the business of	115860
a manufacturer or importer of cigarettes without having a license	115861
to conduct each such activity issued by a county auditor under	115862
division (B) of this section or the tax commissioner under	115863
divisions (C) and (F) of this section. On dissolution of a	115864
partnership by death, the surviving partner may operate under the	115865
license of the partnership until expiration of the license, and	115866
the heirs or legal representatives of deceased persons, and	115867
receivers and trustees in bankruptcy appointed by any competent	115868
authority, may operate under the license of the person succeeded	115869
in possession by such heir, representative, receiver, or trustee	115870
in bankruptcy if the partner or successor notifies the issuer of	115871
the license of the dissolution or succession within thirty days	115872
after the dissolution or succession.	115873

(B)(1) Each applicant for a license to engage in the retail	115874
business of trafficking in cigarettes under this section,	115875
annually, on or before the fourth Monday of May, shall make and	115876
deliver to the county auditor of the county in which the applicant	115877
desires to engage in the retail business of trafficking in	115878
cigarettes, upon a blank form furnished by such auditor for that	115879
purpose, a statement showing the name of the applicant, each	115880
physical place in the county where the applicant's business is	115881
conducted, the nature of the business, and any other information	115882
the tax commissioner requires in the form of statement prescribed	115883
by the commissioner. If the applicant is a firm, partnership, or	115884
association other than a corporation, the application shall state	115885
the name and address of each of its members. If the applicant is a	115886
corporation, the application shall state the name and address of	115887
each of its officers. At the time of making the application	115888
required by this section, every person desiring to engage in the	115889
retail business of trafficking in cigarettes shall pay an	115890
application fee in the sum of one hundred twenty-five dollars for	115891
each physical place where the person proposes to carry on such	115892
business. Each place of business shall be deemed such space, under	115893
lease or license to, or under the control of, or under the	115894
supervision of the applicant, as is contained in one or more	115895
contiguous, adjacent, or adjoining buildings constituting an	115896
industrial plant or a place of business operated by, or under the	115897
control of, one person, or under one roof and connected by doors,	115898
halls, stairways, or elevators, which space may contain any number	115899
of points at which cigarettes are offered for sale, provided that	115900
each additional point at which cigarettes are offered for sale	115901
shall be listed in the application.	115902

(2) Upon receipt of the application and exhibition of the	115903
county treasurer's receipt showing the payment of the application	115904
fee, the county auditor shall issue to the applicant a license for	115905
each place of business designated in the application, authorizing	115906
the applicant to engage in such business at such place for one	115907
year commencing on the fourth Monday of May. The form of the	115908
license shall be prescribed by the commissioner. A duplicate	115909
license may be obtained from the county auditor upon payment of a	115910
five-dollar fee if the original license is lost, destroyed, or	115911
defaced. When an application is filed after the fourth Monday of	115912
May, the application fee required to be paid shall be proportioned	115913
in amount to the remainder of the license year, except that it	115914
shall not be less than twenty-five dollars in any one year.	115915

(3) The holder of a retail dealer's cigarette license may	115916
transfer the license to a place of business within the same county	115917
other than that designated on the license on condition that the	115918
licensee's ownership interest and business structure remain	115919
unchanged, and that the licensee applies to the county auditor	115920
therefor, upon forms approved by the commissioner and the payment	115921
of a fee of five dollars into the county treasury.	115922

(C)(1) Each applicant for a license to engage in the	115923
wholesale business of trafficking in cigarettes under this	115924
section, annually, on or before the fourth Monday in May, shall	115925
make and deliver to the tax commissioner, upon a blank form	115926
furnished by the commissioner for that purpose, a statement	115927
showing the name of the applicant, physical street address where	115928
the applicant's business is conducted, the nature of the business,	115929
and any other information required by the commissioner. If the	115930
applicant is a firm, partnership, or association other than a	115931
corporation, the applicant shall state the name and address of	115932
each of its members. If the applicant is a corporation, the	115933
applicant shall state the name and address of each of its	115934
officers. At the time of making the application required by this	115935
section, every person desiring to engage in the wholesale business	115936
of trafficking in cigarettes shall pay an application fee of one	115937
thousand dollars for each physical place where the person proposes	115938
to carry on such business. Each place of business shall be deemed	115939
such space, under lease or license to, or under the control of, or	115940
under the supervision of the applicant, as is contained in one or	115941
more contiguous, adjacent, or adjoining buildings constituting an	115942
industrial plant or a place of business operated by, or under the	115943
control of, one person, or under one roof and connected by doors,	115944
halls, stairways, or elevators. A duplicate license may be	115945
obtained from the commissioner upon payment of a	115946
twenty-five-dollar fee if the original license is lost, destroyed,	115947
or defaced.	115948

(2) Upon receipt of the application and payment of any	115949
application fee required by this section, the commissioner shall	115950
verify that the applicant is ~~in good standing under~~not in	115951
violation of any provision of Chapter 1346. ~~and~~or Title LVII of	115952
the Revised Code. The commissioner shall also verify that the	115953
applicant has filed any returns, submitted any information, and	115954
paid any outstanding taxes or fees as required by the	115955
commissioner, to the extent that the commissioner is aware of the	115956
returns, information, taxes, or fees at the time of the	115957
application. Upon approval, the commissioner shall issue to the	115958
applicant a license for each physical place of business designated	115959
in the application authorizing the applicant to engage in business	115960
at that location for one year commencing on the fourth Monday in	115961
May. For licenses issued after the fourth Monday in May, the	115962
application fee shall be reduced proportionately by the remainder	115963
of the twelve-month period for which the license is issued, except	115964
that the application fee required to be paid under this section	115965
shall be not less than two hundred dollars in any one year.	115966

(3) The holder of a wholesale dealer cigarette license may	115967
transfer the license to a place of business other than that	115968
designated on the license on condition that the licensee's	115969
ownership or business structure remains unchanged, and that the	115970
licensee applies to the commissioner for such a transfer upon a	115971
form promulgated by the commissioner and pays a fee of twenty-five	115972
dollars, which shall be deposited into the cigarette tax	115973
enforcement fund created in division (E) of this section.	115974

(D)(1) The wholesale cigarette license application fees	115975
collected under this section shall be paid into the cigarette tax	115976
enforcement fund.	115977

(2) The retail cigarette license application fees collected	115978
under this section shall be distributed as follows:	115979

(a) Thirty per cent shall be paid upon the warrant of the	115980
county auditor into the treasury of the municipal corporation or	115981
township in which the places of business for which the tax revenue	115982
was received are located;	115983

(b) Ten per cent shall be credited to the general fund of the	115984
county;	115985

(c) Sixty per cent shall be paid into the cigarette tax	115986
enforcement fund.	115987

(3) The remainder of the revenues and fines collected under	115988
this section and the penal laws relating to cigarettes shall be	115989
distributed as follows:	115990

(a) Three-fourths shall be paid upon the warrant of the	115991
county auditor into the treasury of the municipal corporation or	115992
township in which the place of business, on account of which the	115993
revenues and fines were received, is located;	115994

(b) One-fourth shall be credited to the general fund of the	115995
county.	115996

(E) There is hereby created within the state treasury the	115997
cigarette tax enforcement fund for the purpose of providing funds	115998
to assist in paying the costs of enforcing sections 1333.11 to	115999
1333.21 and Chapter 5743. of the Revised Code.	116000

The portion of cigarette license application fees received by	116001
a county auditor during the annual application period that ends on	116002
the fourth Monday in May and that is required to be deposited in	116003
the cigarette tax enforcement fund shall be sent to the treasurer	116004
of state by the thirtieth day of June each year accompanied by the	116005
form prescribed by the tax commissioner. The portion of cigarette	116006
license application fees received by each county auditor after the	116007
fourth Monday in May and that is required to be deposited in the	116008
cigarette tax enforcement fund shall be sent to the treasurer of	116009
state by the last day of the month following the month in which	116010
such fees were collected.	116011

(F)(1) Every person who desires to engage in the business of	116012
a manufacturer or importer of cigarettes shall, annually, on or	116013
before the fourth Monday of May, make and deliver to the tax	116014
commissioner, upon a blank form furnished by the commissioner for	116015
that purpose, a statement showing the name of the applicant, the	116016
nature of the applicant's business, and any other information	116017
required by the commissioner. If the applicant is a firm,	116018
partnership, or association other than a corporation, the	116019
applicant shall state the name and address of each of its members.	116020
If the applicant is a corporation, the applicant shall state the	116021
name and address of each of its officers.	116022

(2) Upon receipt of the application required under this	116023
section, the commissioner shall verify that the applicant is in	116024
~~good standing under~~not in violation of any provision of Chapter	116025
1346. ~~and~~or Title LVII of the Revised Code. The commissioner	116026
shall also verify that the applicant has filed any returns,	116027
submitted any information, and paid any outstanding taxes or fees	116028
as required by the commissioner, to the extent that the	116029
commissioner is aware of the returns, information, taxes, or fees	116030
at the time of the application. Upon approval, the commissioner	116031
shall issue to the applicant a license authorizing the applicant	116032
to engage in the business of manufacturer or importer, whichever	116033
the case may be, for one year commencing on the fourth Monday of	116034
May.	116035

(3) The issuing of a license under division (F)(1) of this	116036
section to a manufacturer does not excuse a manufacturer from the	116037
certification process required under section 1346.05 of the	116038
Revised Code. A manufacturer who is issued a license under	116039
division (F)(1) of this section and who is not listed on the	116040
directory required under section 1346.05 of the Revised Code shall	116041
not be permitted to sell cigarettes in this state other than to a	116042
licensed cigarette wholesaler for sale outside this state. Such a	116043
manufacturer shall provide documentation to the commissioner	116044
evidencing that the cigarettes are legal for sale in another	116045
state.	116046

(G) The tax commissioner may adopt rules necessary to	116047
administer this section.	116048

Sec. 5743.56. (A) Any person required to pay the tax imposed	116049
by section 5743.51, 5743.62, or 5743.63 of the Revised Code is	116050
personally liable for the tax. The tax commissioner may make an	116051
assessment, based upon any information in the commissioner's	116052
possession, against any person who fails to file a return or pay	116053
any tax, interest, or additional charge as required by this	116054
chapter. The commissioner shall give the person assessed written	116055
notice of such assessment in the manner provided in section	116056
5703.37 of the Revised Code. With the notice, the commissioner	116057
shall provide instructions on how to petition for reassessment and	116058
request a hearing on the petition.	116059

(B) When the information in the possession of the tax	116060
commissioner indicates that a person liable for the tax imposed by	116061
section 5743.51, 5743.62, or 5743.63 of the Revised Code has not	116062
paid the full amount of tax due, the commissioner may audit a	116063
representative sample of the person's business and may issue an	116064
assessment based on such audit.	116065

(C) A penalty of up to fifteen per cent may be added to all	116066
amounts assessed under this section. The tax commissioner may	116067
adopt rules providing for the imposition and remission of such	116068
penalties.	116069

(D) Unless the person assessed files with the tax	116070
commissioner within sixty days after service of the notice of	116071
assessment, either personally or by certified mail, a written	116072
petition for reassessment signed by the person assessed or that	116073
person's authorized agent having knowledge of the facts, the	116074
assessment becomes final and the amount of the assessment is due	116075
and payable from the person assessed to the treasurer of state. A	116076
petition shall indicate the objections of the person assessed, but	116077
additional objections may be raised in writing if received by the	116078
commissioner prior to the date shown on the final determination.	116079
If the petition has been properly filed, the commissioner shall	116080
proceed under section 5703.60 of the Revised Code.	116081

(E) After an assessment becomes final, if any portion of the	116082
assessment, including accrued interest, remains unpaid, a	116083
certified copy of the tax commissioner's entry making the	116084
assessment final may be filed in the office of the clerk of the	116085
court of common pleas in the county in which the person assessed	116086
resides or in which the person assessed conducts business. If the	116087
person assessed maintains no place of business in this state and	116088
is not a resident of this state, the certified copy of the entry	116089
may be filed in the office of the clerk of the court of common	116090
pleas of Franklin county.	116091

Immediately upon the filing of the entry, the clerk shall	116092
enter a judgment for the state against the person assessed in the	116093
amount shown on the entry. The judgment may be filed by the clerk	116094
in a loose-leaf book entitled "special judgments for state tobacco	116095
products tax," and shall have the same effect as other judgments.	116096
Execution shall issue upon the judgment upon the request of the	116097
commissioner, and all laws applicable to sales on execution shall	116098
apply to sales made under the judgment.	116099

~~The portion of~~If the assessment is not paid in its entirety	116100
within sixty days after the day the assessment is issued, the	116101
portion of the assessment consisting of tax due shall bear	116102
interest at the rate per annum prescribed by section 5703.47 of	116103
the Revised Code from the day the commissioner issues the	116104
assessment until the assessment is paid or until it is certified	116105
to the attorney general for collection under section 131.02 of the	116106
Revised Code, whichever comes first. If the unpaid portion of the	116107
assessment is certified to the attorney general for collection,	116108
the entire unpaid portion of the assessment shall bear interest at	116109
the rate per annum prescribed by section 5703.47 of the Revised	116110
Code from the date of certification until the date it is paid in	116111
its entirety. Interest shall be paid in the same manner as the tax	116112
and may be collected by issuing an assessment under this section.	116113

(F) If the tax commissioner believes that collection of the	116114
tax will be jeopardized unless proceedings to collect or secure	116115
collection of the tax are instituted without delay, the	116116
commissioner may issue a jeopardy assessment against the person	116117
liable for the tax. Immediately upon the issuance of the jeopardy	116118
assessment, the commissioner shall file an entry with the clerk of	116119
the court of common pleas in the manner prescribed by division (E)	116120
of this section. Notice of the jeopardy assessment shall be served	116121
on the person assessed or the legal representative of the person	116122
assessed, as provided in section 5703.37 of the Revised Code,	116123
within five days of the filing of the entry with the clerk. The	116124
total amount assessed is immediately due and payable, unless the	116125
person assessed files a petition for reassessment in accordance	116126
with division (D) of this section and provides security in a form	116127
satisfactory to the commissioner and in an amount sufficient to	116128
satisfy the unpaid balance of the assessment. Full or partial	116129
payment of the assessment does not prejudice the commissioner's	116130
consideration of the petition for reassessment.	116131

(G) All money collected by the tax commissioner under this	116132
section shall be paid to the treasurer of state as revenue arising	116133
from the tax imposed by sections 5743.51, 5743.62, and 5743.63 of	116134
the Revised Code.	116135

Sec. 5745.12. (A) If any taxpayer required to file a report	116136
under this chapter fails to file the report within the time	116137
prescribed, files an incorrect report, or fails to remit the full	116138
amount of the tax due for the period covered by the report, the	116139
tax commissioner may make an assessment against the taxpayer for	116140
any deficiency for the period for which the report or tax is due,	116141
based upon any information in the commissioner's possession.	116142

The tax commissioner shall not make or issue an assessment	116143
against a taxpayer more than three years after the later of the	116144
final date the report subject to assessment was required to be	116145
filed or the date the report was filed. Such time limit may be	116146
extended if both the taxpayer and the commissioner consent in	116147
writing to the extension. Any such extension shall extend the	116148
three-year time limit in section 5745.11 of the Revised Code for	116149
the same period of time. There shall be no bar or limit to an	116150
assessment against a taxpayer that fails to file a report subject	116151
to assessment as required by this chapter, or that files a	116152
fraudulent report. The commissioner shall give the taxpayer	116153
assessed written notice of the assessment as provided in section	116154
5703.37 of the Revised Code. With the notice, the commissioner	116155
shall provide instructions on how to petition for reassessment and	116156
request a hearing on the petition.	116157

(B) Unless the taxpayer assessed files with the tax	116158
commissioner within sixty days after service of the notice of	116159
assessment, either personally or by certified mail, a written	116160
petition for reassessment signed by the authorized agent of the	116161
taxpayer assessed having knowledge of the facts, the assessment	116162
becomes final, and the amount of the assessment is due and payable	116163
from the taxpayer to the treasurer of state. The petition shall	116164
indicate the taxpayer's objections, but additional objections may	116165
be raised in writing if received by the commissioner prior to the	116166
date shown on the final determination. If the petition has been	116167
properly filed, the commissioner shall proceed under section	116168
5703.60 of the Revised Code.	116169

(C) After an assessment becomes final, if any portion of the	116170
assessment remains unpaid, including accrued interest, a certified	116171
copy of the tax commissioner's entry making the assessment final	116172
may be filed in the office of the clerk of the court of common	116173
pleas in the county in which the taxpayer has an office or place	116174
of business in this state, the county in which the taxpayer's	116175
statutory agent is located, or Franklin county.	116176

Immediately upon the filing of the entry, the clerk shall	116177
enter a judgment against the taxpayer assessed in the amount shown	116178
on the entry. The judgment may be filed by the clerk in a	116179
loose-leaf book entitled "special judgments for municipal income	116180
taxes," and shall have the same effect as other judgments.	116181
Execution shall issue upon the judgment upon the request of the	116182
tax commissioner, and all laws applicable to sales on execution	116183
shall apply to sales made under the judgment.	116184

~~The portion of an~~If the assessment is not paid in its	116185
entirety within sixty days after the day the assessment was	116186
issued, the portion of the assessment consisting of tax due shall	116187
bear interest at the rate per annum prescribed by section 5703.47	116188
of the Revised Code from the day the commissioner issues the	116189
assessment until the assessment is paid or until it is certified	116190
to the attorney general for collection under section 131.02 of the	116191
Revised Code, whichever comes first. If the unpaid portion of the	116192
assessment is certified to the attorney general for collection,	116193
the entire unpaid portion of the assessment shall bear interest at	116194
the rate per annum prescribed by section 5703.47 of the Revised	116195
Code from the date of certification until the date it is paid in	116196
its entirety. Interest shall be paid in the same manner as the tax	116197
and may be collected by issuing an assessment under this section.	116198

(D) All money collected under this section shall be credited	116199
and distributed to the municipal corporation to which the money is	116200
owed based on the assessment issued under this section.	116201

(E) If the tax commissioner believes that collection of the	116202
tax imposed by this chapter will be jeopardized unless proceedings	116203
to collect or secure collection of the tax are instituted without	116204
delay, the commissioner may issue a jeopardy assessment against	116205
the taxpayer liable for the tax. Immediately upon the issuance of	116206
the jeopardy assessment, the commissioner shall file an entry with	116207
the clerk of the court of common pleas in the manner prescribed by	116208
division (C) of this section. Notice of the jeopardy assessment	116209
shall be served on the taxpayer assessed or the taxpayer's legal	116210
representative in the manner provided in section 5703.37 of the	116211
Revised Code within five days of the filing of the entry with the	116212
clerk. The total amount assessed is immediately due and payable,	116213
unless the taxpayer assessed files a petition for reassessment in	116214
accordance with division (B) of this section and provides security	116215
in a form satisfactory to the commissioner and in an amount	116216
sufficient to satisfy the unpaid balance of the assessment. Full	116217
or partial payment of the assessment does not prejudice the	116218
commissioner's consideration of the petition for reassessment.	116219

(F) Notwithstanding the fact that a petition for reassessment	116220
is pending, the taxpayer may pay all or a portion of the	116221
assessment that is the subject of the petition. The acceptance of	116222
a payment by the treasurer of state does not prejudice any claim	116223
for refund upon final determination of the petition.	116224

If upon final determination of the petition an error in the	116225
assessment is corrected by the tax commissioner, upon petition so	116226
filed or pursuant to a decision of the board of tax appeals or any	116227
court to which the determination or decision has been appealed, so	116228
that the amount due from the taxpayer under the corrected	116229
assessment is less than the portion paid, there shall be issued to	116230
the taxpayer, its assigns, or legal representative a refund in the	116231
amount of the overpayment as provided by section 5745.11 of the	116232
Revised Code, with interest on that amount as provided by section	116233
5745.11 of the Revised Code.	116234

Sec. 5747.01. Except as otherwise expressly provided or	116235
clearly appearing from the context, any term used in this chapter	116236
that is not otherwise defined in this section has the same meaning	116237
as when used in a comparable context in the laws of the United	116238
States relating to federal income taxes or if not used in a	116239
comparable context in those laws, has the same meaning as in	116240
section 5733.40 of the Revised Code. Any reference in this chapter	116241
to the Internal Revenue Code includes other laws of the United	116242
States relating to federal income taxes.	116243

As used in this chapter:

116244

(A) "Adjusted gross income" or "Ohio adjusted gross income"	116245
means federal adjusted gross income, as defined and used in the	116246
Internal Revenue Code, adjusted as provided in this section:	116247

(1) Add interest or dividends on obligations or securities of	116248
any state or of any political subdivision or authority of any	116249
state, other than this state and its subdivisions and authorities.	116250

(2) Add interest or dividends on obligations of any	116251
authority, commission, instrumentality, territory, or possession	116252
of the United States to the extent that the interest or dividends	116253
are exempt from federal income taxes but not from state income	116254
taxes.	116255

(3) Deduct interest or dividends on obligations of the United	116256
States and its territories and possessions or of any authority,	116257
commission, or instrumentality of the United States to the extent	116258
that the interest or dividends are included in federal adjusted	116259
gross income but exempt from state income taxes under the laws of	116260
the United States.	116261

(4) Deduct disability and survivor's benefits to the extent	116262
included in federal adjusted gross income.	116263

(5) Deduct benefits under Title II of the Social Security Act	116264
and tier 1 railroad retirement benefits to the extent included in	116265
federal adjusted gross income under section 86 of the Internal	116266
Revenue Code.	116267

(6) In the case of a taxpayer who is a beneficiary of a trust	116268
that makes an accumulation distribution as defined in section 665	116269
of the Internal Revenue Code, add, for the beneficiary's taxable	116270
years beginning before 2002, the portion, if any, of such	116271
distribution that does not exceed the undistributed net income of	116272
the trust for the three taxable years preceding the taxable year	116273
in which the distribution is made to the extent that the portion	116274
was not included in the trust's taxable income for any of the	116275
trust's taxable years beginning in 2002 or thereafter.	116276
"Undistributed net income of a trust" means the taxable income of	116277
the trust increased by (a)(i) the additions to adjusted gross	116278
income required under division (A) of this section and (ii) the	116279
personal exemptions allowed to the trust pursuant to section	116280
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	116281
deductions to adjusted gross income required under division (A) of	116282
this section, (ii) the amount of federal income taxes attributable	116283
to such income, and (iii) the amount of taxable income that has	116284
been included in the adjusted gross income of a beneficiary by	116285
reason of a prior accumulation distribution. Any undistributed net	116286
income included in the adjusted gross income of a beneficiary	116287
shall reduce the undistributed net income of the trust commencing	116288
with the earliest years of the accumulation period.	116289

(7) Deduct the amount of wages and salaries, if any, not	116290
otherwise allowable as a deduction but that would have been	116291
allowable as a deduction in computing federal adjusted gross	116292
income for the taxable year, had the targeted jobs credit allowed	116293
and determined under sections 38, 51, and 52 of the Internal	116294
Revenue Code not been in effect.	116295

(8) Deduct any interest or interest equivalent on public	116296
obligations and purchase obligations to the extent that the	116297
interest or interest equivalent is included in federal adjusted	116298
gross income.	116299

(9) Add any loss or deduct any gain resulting from the sale,	116300
exchange, or other disposition of public obligations to the extent	116301
that the loss has been deducted or the gain has been included in	116302
computing federal adjusted gross income.	116303

(10) Deduct or add amounts, as provided under section 5747.70	116304
of the Revised Code, related to contributions to variable college	116305
savings program accounts made or tuition units purchased pursuant	116306
to Chapter 3334. of the Revised Code.	116307

(11)(a) Deduct, to the extent not otherwise allowable as a	116308
deduction or exclusion in computing federal or Ohio adjusted gross	116309
income for the taxable year, the amount the taxpayer paid during	116310
the taxable year for medical care insurance and qualified	116311
long-term care insurance for the taxpayer, the taxpayer's spouse,	116312
and dependents. No deduction for medical care insurance under	116313
division (A)(11) of this section shall be allowed either to any	116314
taxpayer who is eligible to participate in any subsidized health	116315
plan maintained by any employer of the taxpayer or of the	116316
taxpayer's spouse, or to any taxpayer who is entitled to, or on	116317
application would be entitled to, benefits under part A of Title	116318
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	116319
301, as amended. For the purposes of division (A)(11)(a) of this	116320
section, "subsidized health plan" means a health plan for which	116321
the employer pays any portion of the plan's cost. The deduction	116322
allowed under division (A)(11)(a) of this section shall be the net	116323
of any related premium refunds, related premium reimbursements, or	116324
related insurance premium dividends received during the taxable	116325
year.	116326

(b) Deduct, to the extent not otherwise deducted or excluded	116327
in computing federal or Ohio adjusted gross income during the	116328
taxable year, the amount the taxpayer paid during the taxable	116329
year, not compensated for by any insurance or otherwise, for	116330
medical care of the taxpayer, the taxpayer's spouse, and	116331
dependents, to the extent the expenses exceed seven and one-half	116332
per cent of the taxpayer's federal adjusted gross income.	116333

(c) Deduct, to the extent not otherwise deducted or excluded	116334
in computing federal or Ohio adjusted gross income, any amount	116335
included in federal adjusted gross income under section 105 or not	116336
excluded under section 106 of the Internal Revenue Code solely	116337
because it relates to an accident and health plan for a person who	116338
otherwise would be a "qualifying relative" and thus a "dependent"	116339
under section 152 of the Internal Revenue Code but for the fact	116340
that the person fails to meet the income and support limitations	116341
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	116342

(d) For purposes of division (A)(11) of this section,	116343
"medical care" has the meaning given in section 213 of the	116344
Internal Revenue Code, subject to the special rules, limitations,	116345
and exclusions set forth therein, and "qualified long-term care"	116346
has the same meaning given in section 7702B(c) of the Internal	116347
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	116348
of this section, "dependent" includes a person who otherwise would	116349
be a "qualifying relative" and thus a "dependent" under section	116350
152 of the Internal Revenue Code but for the fact that the person	116351
fails to meet the income and support limitations under section	116352
152(d)(1)(B) and (C) of the Internal Revenue Code.	116353

(12)(a) Deduct any amount included in federal adjusted gross	116354
income solely because the amount represents a reimbursement or	116355
refund of expenses that in any year the taxpayer had deducted as	116356
an itemized deduction pursuant to section 63 of the Internal	116357
Revenue Code and applicable United States department of the	116358
treasury regulations. The deduction otherwise allowed under	116359
division (A)(12)(a) of this section shall be reduced to the extent	116360
the reimbursement is attributable to an amount the taxpayer	116361
deducted under this section in any taxable year.	116362

(b) Add any amount not otherwise included in Ohio adjusted	116363
gross income for any taxable year to the extent that the amount is	116364
attributable to the recovery during the taxable year of any amount	116365
deducted or excluded in computing federal or Ohio adjusted gross	116366
income in any taxable year.	116367

(13) Deduct any portion of the deduction described in section	116368
1341(a)(2) of the Internal Revenue Code, for repaying previously	116369
reported income received under a claim of right, that meets both	116370
of the following requirements:	116371

(a) It is allowable for repayment of an item that was	116372
included in the taxpayer's adjusted gross income for a prior	116373
taxable year and did not qualify for a credit under division (A)	116374
or (B) of section 5747.05 of the Revised Code for that year;	116375

(b) It does not otherwise reduce the taxpayer's adjusted	116376
gross income for the current or any other taxable year.	116377

(14) Deduct an amount equal to the deposits made to, and net	116378
investment earnings of, a medical savings account during the	116379
taxable year, in accordance with section 3924.66 of the Revised	116380
Code. The deduction allowed by division (A)(14) of this section	116381
does not apply to medical savings account deposits and earnings	116382
otherwise deducted or excluded for the current or any other	116383
taxable year from the taxpayer's federal adjusted gross income.	116384

(15)(a) Add an amount equal to the funds withdrawn from a	116385
medical savings account during the taxable year, and the net	116386
investment earnings on those funds, when the funds withdrawn were	116387
used for any purpose other than to reimburse an account holder	116388
for, or to pay, eligible medical expenses, in accordance with	116389
section 3924.66 of the Revised Code;	116390

(b) Add the amounts distributed from a medical savings	116391
account under division (A)(2) of section 3924.68 of the Revised	116392
Code during the taxable year.	116393

(16) Add any amount claimed as a credit under section	116394
5747.059 or 5747.65 of the Revised Code to the extent that such	116395
amount satisfies either of the following:	116396

(a) The amount was deducted or excluded from the computation	116397
of the taxpayer's federal adjusted gross income as required to be	116398
reported for the taxpayer's taxable year under the Internal	116399
Revenue Code;	116400

(b) The amount resulted in a reduction of the taxpayer's	116401
federal adjusted gross income as required to be reported for any	116402
of the taxpayer's taxable years under the Internal Revenue Code.	116403

(17) Deduct the amount contributed by the taxpayer to an	116404
individual development account program established by a county	116405
department of job and family services pursuant to sections 329.11	116406
to 329.14 of the Revised Code for the purpose of matching funds	116407
deposited by program participants. On request of the tax	116408
commissioner, the taxpayer shall provide any information that, in	116409
the tax commissioner's opinion, is necessary to establish the	116410
amount deducted under division (A)(17) of this section.	116411

(18) Beginning in taxable year 2001 but not for any taxable	116412
year beginning after December 31, 2005, if the taxpayer is married	116413
and files a joint return and the combined federal adjusted gross	116414
income of the taxpayer and the taxpayer's spouse for the taxable	116415
year does not exceed one hundred thousand dollars, or if the	116416
taxpayer is single and has a federal adjusted gross income for the	116417
taxable year not exceeding fifty thousand dollars, deduct amounts	116418
paid during the taxable year for qualified tuition and fees paid	116419
to an eligible institution for the taxpayer, the taxpayer's	116420
spouse, or any dependent of the taxpayer, who is a resident of	116421
this state and is enrolled in or attending a program that	116422
culminates in a degree or diploma at an eligible institution. The	116423
deduction may be claimed only to the extent that qualified tuition	116424
and fees are not otherwise deducted or excluded for any taxable	116425
year from federal or Ohio adjusted gross income. The deduction may	116426
not be claimed for educational expenses for which the taxpayer	116427
claims a credit under section 5747.27 of the Revised Code.	116428

(19) Add any reimbursement received during the taxable year	116429
of any amount the taxpayer deducted under division (A)(18) of this	116430
section in any previous taxable year to the extent the amount is	116431
not otherwise included in Ohio adjusted gross income.	116432

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	116433
(v) of this section, add five-sixths of the amount of depreciation	116434
expense allowed by subsection (k) of section 168 of the Internal	116435
Revenue Code, including the taxpayer's proportionate or	116436
distributive share of the amount of depreciation expense allowed	116437
by that subsection to a pass-through entity in which the taxpayer	116438
has a direct or indirect ownership interest.	116439

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	116440
this section, add five-sixths of the amount of qualifying section	116441
179 depreciation expense, including the taxpayer's proportionate	116442
or distributive share of the amount of qualifying section 179	116443
depreciation expense allowed to any pass-through entity in which	116444
the taxpayer has a direct or indirect ownership interest.	116445

(iii) Subject to division (A)(20)(a)(v) of this section, for	116446
taxable years beginning in 2012 or thereafter, if the increase in	116447
income taxes withheld by the taxpayer is equal to or greater than	116448
ten per cent of income taxes withheld by the taxpayer during the	116449
taxpayer's immediately preceding taxable year, "two-thirds" shall	116450
be substituted for "five-sixths" for the purpose of divisions	116451
(A)(20)(a)(i) and (ii) of this section.	116452

(iv) Subject to division (A)(20)(a)(v) of this section, for	116453
taxable years beginning in 2012 or thereafter, a taxpayer is not	116454
required to add an amount under division (A)(20) of this section	116455
if the increase in income taxes withheld by the taxpayer and by	116456
any pass-through entity in which the taxpayer has a direct or	116457
indirect ownership interest is equal to or greater than the sum of	116458
(I) the amount of qualifying section 179 depreciation expense and	116459
(II) the amount of depreciation expense allowed to the taxpayer by	116460
subsection (k) of section 168 of the Internal Revenue Code, and	116461
including the taxpayer's proportionate or distributive shares of	116462
such amounts allowed to any such pass-through entities.	116463

(v) If a taxpayer directly or indirectly incurs a net	116464
operating loss for the taxable year for federal income tax	116465
purposes, to the extent such loss resulted from depreciation	116466
expense allowed by subsection (k) of section 168 of the Internal	116467
Revenue Code and by qualifying section 179 depreciation expense,	116468
"the entire" shall be substituted for "five-sixths of the" for the	116469
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	116470

The tax commissioner, under procedures established by the	116471
commissioner, may waive the add-backs related to a pass-through	116472
entity if the taxpayer owns, directly or indirectly, less than	116473
five per cent of the pass-through entity.	116474

(b) Nothing in division (A)(20) of this section shall be	116475
construed to adjust or modify the adjusted basis of any asset.	116476

(c) To the extent the add-back required under division	116477
(A)(20)(a) of this section is attributable to property generating	116478
nonbusiness income or loss allocated under section 5747.20 of the	116479
Revised Code, the add-back shall be sitused to the same location	116480
as the nonbusiness income or loss generated by the property for	116481
the purpose of determining the credit under division (A) of	116482
section 5747.05 of the Revised Code. Otherwise, the add-back shall	116483
be apportioned, subject to one or more of the four alternative	116484
methods of apportionment enumerated in section 5747.21 of the	116485
Revised Code.	116486

(d) For the purposes of division (A)(20)(a)(v) of this	116487
section, net operating loss carryback and carryforward shall not	116488
include the allowance of any net operating loss deduction	116489
carryback or carryforward to the taxable year to the extent such	116490
loss resulted from depreciation allowed by section 168(k) of the	116491
Internal Revenue Code and by the qualifying section 179	116492
depreciation expense amount.	116493

(e) For the purposes of divisions (A)(20) and (21) of this	116494
section:	116495

(i) "Income taxes withheld" means the total amount withheld	116496
and remitted under sections 5747.06 and 5747.07 of the Revised	116497
Code by an employer during the employer's taxable year.	116498

(ii) "Increase in income taxes withheld" means the amount by	116499
which the amount of income taxes withheld by an employer during	116500
the employer's current taxable year exceeds the amount of income	116501
taxes withheld by that employer during the employer's immediately	116502
preceding taxable year.	116503

(iii) "Qualifying section 179 depreciation expense" means the	116504
difference between (I) the amount of depreciation expense directly	116505
or indirectly allowed to a taxpayer under section 179 of the	116506
Internal Revised Code, and (II) the amount of depreciation expense	116507
directly or indirectly allowed to the taxpayer under section 179	116508
of the Internal Revenue Code as that section existed on December	116509
31, 2002.	116510

(21)(a) If the taxpayer was required to add an amount under	116511
division (A)(20)(a) of this section for a taxable year, deduct one	116512
of the following:	116513

(i) One-fifth of the amount so added for each of the five	116514
succeeding taxable years if the amount so added was five-sixths of	116515
qualifying section 179 depreciation expense or depreciation	116516
expense allowed by subsection (k) of section 168 of the Internal	116517
Revenue Code;	116518

(ii) One-half of the amount so added for each of the two	116519
succeeding taxable years if the amount so added was two-thirds of	116520
such depreciation expense;	116521

(iii) One-sixth of the amount so added for each of the six	116522
succeeding taxable years if the entire amount of such depreciation	116523
expense was so added.	116524

(b) If the amount deducted under division (A)(21)(a) of this	116525
section is attributable to an add-back allocated under division	116526
(A)(20)(c) of this section, the amount deducted shall be sitused	116527
to the same location. Otherwise, the add-back shall be apportioned	116528
using the apportionment factors for the taxable year in which the	116529
deduction is taken, subject to one or more of the four alternative	116530
methods of apportionment enumerated in section 5747.21 of the	116531
Revised Code.	116532

(c) No deduction is available under division (A)(21)(a) of	116533
this section with regard to any depreciation allowed by section	116534
168(k) of the Internal Revenue Code and by the qualifying section	116535
179 depreciation expense amount to the extent that such	116536
depreciation results in or increases a federal net operating loss	116537
carryback or carryforward. If no such deduction is available for a	116538
taxable year, the taxpayer may carry forward the amount not	116539
deducted in such taxable year to the next taxable year and add	116540
that amount to any deduction otherwise available under division	116541
(A)(21)(a) of this section for that next taxable year. The	116542
carryforward of amounts not so deducted shall continue until the	116543
entire addition required by division (A)(20)(a) of this section	116544
has been deducted.	116545

(d) No refund shall be allowed as a result of adjustments	116546
made by division (A)(21) of this section.	116547

(22) Deduct, to the extent not otherwise deducted or excluded	116548
in computing federal or Ohio adjusted gross income for the taxable	116549
year, the amount the taxpayer received during the taxable year as	116550
reimbursement for life insurance premiums under section 5919.31 of	116551
the Revised Code.	116552

(23) Deduct, to the extent not otherwise deducted or excluded	116553
in computing federal or Ohio adjusted gross income for the taxable	116554
year, the amount the taxpayer received during the taxable year as	116555
a death benefit paid by the adjutant general under section 5919.33	116556
of the Revised Code.	116557

(24) Deduct, to the extent included in federal adjusted gross	116558
income and not otherwise allowable as a deduction or exclusion in	116559
computing federal or Ohio adjusted gross income for the taxable	116560
year, military pay and allowances received by the taxpayer during	116561
the taxable year for active duty service in the United States	116562
army, air force, navy, marine corps, or coast guard or reserve	116563
components thereof or the national guard. The deduction may not be	116564
claimed for military pay and allowances received by the taxpayer	116565
while the taxpayer is stationed in this state.	116566

(25) Deduct, to the extent not otherwise allowable as a	116567
deduction or exclusion in computing federal or Ohio adjusted gross	116568
income for the taxable year and not otherwise compensated for by	116569
any other source, the amount of qualified organ donation expenses	116570
incurred by the taxpayer during the taxable year, not to exceed	116571
ten thousand dollars. A taxpayer may deduct qualified organ	116572
donation expenses only once for all taxable years beginning with	116573
taxable years beginning in 2007.	116574

For the purposes of division (A)(25) of this section:

116575

(a) "Human organ" means all or any portion of a human liver,	116576
pancreas, kidney, intestine, or lung, and any portion of human	116577
bone marrow.	116578

(b) "Qualified organ donation expenses" means travel	116579
expenses, lodging expenses, and wages and salary forgone by a	116580
taxpayer in connection with the taxpayer's donation, while living,	116581
of one or more of the taxpayer's human organs to another human	116582
being.	116583

(26) Deduct, to the extent not otherwise deducted or excluded	116584
in computing federal or Ohio adjusted gross income for the taxable	116585
year, amounts received by the taxpayer as retired ~~military~~	116586
personnel pay for service in the ~~United States army, navy, air~~	116587
~~force, coast guard, or marine corps~~uniformed services or reserve	116588
components thereof, or the national guard, or received by the	116589
surviving spouse or former spouse of such a taxpayer under the	116590
survivor benefit plan on account of such a taxpayer's death. If	116591
the taxpayer receives income on account of retirement paid under	116592
the federal civil service retirement system or federal employees	116593
retirement system, or under any successor retirement program	116594
enacted by the congress of the United States that is established	116595
and maintained for retired employees of the United States	116596
government, and such retirement income is based, in whole or in	116597
part, on credit for the taxpayer's ~~military~~uniformed service, the	116598
deduction allowed under this division shall include only that	116599
portion of such retirement income that is attributable to the	116600
taxpayer's ~~military~~uniformed service, to the extent that portion	116601
of such retirement income is otherwise included in federal	116602
adjusted gross income and is not otherwise deducted under this	116603
section. Any amount deducted under division (A)(26) of this	116604
section is not included in a taxpayer's adjusted gross income for	116605
the purposes of section 5747.055 of the Revised Code. No amount	116606
may be deducted under division (A)(26) of this section on the	116607
basis of which a credit was claimed under section 5747.055 of the	116608
Revised Code.	116609

(27) Deduct, to the extent not otherwise deducted or excluded	116610
in computing federal or Ohio adjusted gross income for the taxable	116611
year, the amount the taxpayer received during the taxable year	116612
from the military injury relief fund created in section 5101.98 of	116613
the Revised Code.	116614

(28) Deduct, to the extent not otherwise deducted or excluded	116615
in computing federal or Ohio adjusted gross income for the taxable	116616
year, the amount the taxpayer received as a veterans bonus during	116617
the taxable year from the Ohio department of veterans services as	116618
authorized by Section 2r of Article VIII, Ohio Constitution.	116619

(29) Deduct, to the extent not otherwise deducted or excluded	116620
in computing federal or Ohio adjusted gross income for the taxable	116621
year, any loss from wagering transactions that is allowed as an	116622
itemized deduction under section 165 of the Internal Revenue Code	116623
and that the taxpayer deducted in computing federal taxable	116624
income.	116625

(30) Deduct, to the extent not otherwise deducted or excluded	116626
in computing federal or Ohio adjusted gross income for the taxable	116627
year, any income derived from a transfer agreement or from the	116628
enterprise transferred under that agreement under section 4313.02	116629
of the Revised Code.	116630

(31) Deduct, to the extent not otherwise deducted or excluded	116631
in computing federal or Ohio adjusted gross income for the taxable	116632
year, Ohio college opportunity or federal Pell grant amounts	116633
received by the taxpayer or the taxpayer's spouse or dependent	116634
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	116635
1070a, et seq., and used to pay room or board furnished by the	116636
educational institution for which the grant was awarded at the	116637
institution's facilities, including meal plans administered by the	116638
institution. For the purposes of this division, receipt of a grant	116639
includes the distribution of a grant directly to an educational	116640
institution and the crediting of the grant to the enrollee's	116641
account with the institution.	116642

(B) "Business income" means income, including gain or loss,	116643
arising from transactions, activities, and sources in the regular	116644
course of a trade or business and includes income, gain, or loss	116645
from real property, tangible property, and intangible property if	116646
the acquisition, rental, management, and disposition of the	116647
property constitute integral parts of the regular course of a	116648
trade or business operation. "Business income" includes income,	116649
including gain or loss, from a partial or complete liquidation of	116650
a business, including, but not limited to, gain or loss from the	116651
sale or other disposition of goodwill.	116652

(C) "Nonbusiness income" means all income other than business	116653
income and may include, but is not limited to, compensation, rents	116654
and royalties from real or tangible personal property, capital	116655
gains, interest, dividends and distributions, patent or copyright	116656
royalties, or lottery winnings, prizes, and awards.	116657

(D) "Compensation" means any form of remuneration paid to an	116658
employee for personal services.	116659

(E) "Fiduciary" means a guardian, trustee, executor,	116660
administrator, receiver, conservator, or any other person acting	116661
in any fiduciary capacity for any individual, trust, or estate.	116662

(F) "Fiscal year" means an accounting period of twelve months	116663
ending on the last day of any month other than December.	116664

(G) "Individual" means any natural person.

116665

(H) "Internal Revenue Code" means the "Internal Revenue Code	116666
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	116667

(I) "Resident" means any of the following, provided that	116668
division (I)(3) of this section applies only to taxable years of a	116669
trust beginning in 2002 or thereafter:	116670

(1) An individual who is domiciled in this state, subject to	116671
section 5747.24 of the Revised Code;	116672

(2) The estate of a decedent who at the time of death was	116673
domiciled in this state. The domicile tests of section 5747.24 of	116674
the Revised Code are not controlling for purposes of division	116675
(I)(2) of this section.	116676

(3) A trust that, in whole or part, resides in this state. If	116677
only part of a trust resides in this state, the trust is a	116678
resident only with respect to that part.	116679

For the purposes of division (I)(3) of this section:

116680

(a) A trust resides in this state for the trust's current	116681
taxable year to the extent, as described in division (I)(3)(d) of	116682
this section, that the trust consists directly or indirectly, in	116683
whole or in part, of assets, net of any related liabilities, that	116684
were transferred, or caused to be transferred, directly or	116685
indirectly, to the trust by any of the following:	116686

(i) A person, a court, or a governmental entity or	116687
instrumentality on account of the death of a decedent, but only if	116688
the trust is described in division (I)(3)(e)(i) or (ii) of this	116689
section;	116690

(ii) A person who was domiciled in this state for the	116691
purposes of this chapter when the person directly or indirectly	116692
transferred assets to an irrevocable trust, but only if at least	116693
one of the trust's qualifying beneficiaries is domiciled in this	116694
state for the purposes of this chapter during all or some portion	116695
of the trust's current taxable year;	116696

(iii) A person who was domiciled in this state for the	116697
purposes of this chapter when the trust document or instrument or	116698
part of the trust document or instrument became irrevocable, but	116699
only if at least one of the trust's qualifying beneficiaries is a	116700
resident domiciled in this state for the purposes of this chapter	116701
during all or some portion of the trust's current taxable year. If	116702
a trust document or instrument became irrevocable upon the death	116703
of a person who at the time of death was domiciled in this state	116704
for purposes of this chapter, that person is a person described in	116705
division (I)(3)(a)(iii) of this section.	116706

(b) A trust is irrevocable to the extent that the transferor	116707
is not considered to be the owner of the net assets of the trust	116708
under sections 671 to 678 of the Internal Revenue Code.	116709

(c) With respect to a trust other than a charitable lead	116710
trust, "qualifying beneficiary" has the same meaning as "potential	116711
current beneficiary" as defined in section 1361(e)(2) of the	116712
Internal Revenue Code, and with respect to a charitable lead trust	116713
"qualifying beneficiary" is any current, future, or contingent	116714
beneficiary, but with respect to any trust "qualifying	116715
beneficiary" excludes a person or a governmental entity or	116716
instrumentality to any of which a contribution would qualify for	116717
the charitable deduction under section 170 of the Internal Revenue	116718
Code.	116719

(d) For the purposes of division (I)(3)(a) of this section,	116720
the extent to which a trust consists directly or indirectly, in	116721
whole or in part, of assets, net of any related liabilities, that	116722
were transferred directly or indirectly, in whole or part, to the	116723
trust by any of the sources enumerated in that division shall be	116724
ascertained by multiplying the fair market value of the trust's	116725
assets, net of related liabilities, by the qualifying ratio, which	116726
shall be computed as follows:	116727

(i) The first time the trust receives assets, the numerator	116728
of the qualifying ratio is the fair market value of those assets	116729
at that time, net of any related liabilities, from sources	116730
enumerated in division (I)(3)(a) of this section. The denominator	116731
of the qualifying ratio is the fair market value of all the	116732
trust's assets at that time, net of any related liabilities.	116733

(ii) Each subsequent time the trust receives assets, a	116734
revised qualifying ratio shall be computed. The numerator of the	116735
revised qualifying ratio is the sum of (1) the fair market value	116736
of the trust's assets immediately prior to the subsequent	116737
transfer, net of any related liabilities, multiplied by the	116738
qualifying ratio last computed without regard to the subsequent	116739
transfer, and (2) the fair market value of the subsequently	116740
transferred assets at the time transferred, net of any related	116741
liabilities, from sources enumerated in division (I)(3)(a) of this	116742
section. The denominator of the revised qualifying ratio is the	116743
fair market value of all the trust's assets immediately after the	116744
subsequent transfer, net of any related liabilities.	116745

(iii) Whether a transfer to the trust is by or from any of	116746
the sources enumerated in division (I)(3)(a) of this section shall	116747
be ascertained without regard to the domicile of the trust's	116748
beneficiaries.	116749

(e) For the purposes of division (I)(3)(a)(i) of this	116750
section:	116751

(i) A trust is described in division (I)(3)(e)(i) of this	116752
section if the trust is a testamentary trust and the testator of	116753
that testamentary trust was domiciled in this state at the time of	116754
the testator's death for purposes of the taxes levied under	116755
Chapter 5731. of the Revised Code.	116756

(ii) A trust is described in division (I)(3)(e)(ii) of this	116757
section if the transfer is a qualifying transfer described in any	116758
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	116759
irrevocable inter vivos trust, and at least one of the trust's	116760
qualifying beneficiaries is domiciled in this state for purposes	116761
of this chapter during all or some portion of the trust's current	116762
taxable year.	116763

(f) For the purposes of division (I)(3)(e)(ii) of this	116764
section, a "qualifying transfer" is a transfer of assets, net of	116765
any related liabilities, directly or indirectly to a trust, if the	116766
transfer is described in any of the following:	116767

(i) The transfer is made to a trust, created by the decedent	116768
before the decedent's death and while the decedent was domiciled	116769
in this state for the purposes of this chapter, and, prior to the	116770
death of the decedent, the trust became irrevocable while the	116771
decedent was domiciled in this state for the purposes of this	116772
chapter.	116773

(ii) The transfer is made to a trust to which the decedent,	116774
prior to the decedent's death, had directly or indirectly	116775
transferred assets, net of any related liabilities, while the	116776
decedent was domiciled in this state for the purposes of this	116777
chapter, and prior to the death of the decedent the trust became	116778
irrevocable while the decedent was domiciled in this state for the	116779
purposes of this chapter.	116780

(iii) The transfer is made on account of a contractual	116781
relationship existing directly or indirectly between the	116782
transferor and either the decedent or the estate of the decedent	116783
at any time prior to the date of the decedent's death, and the	116784
decedent was domiciled in this state at the time of death for	116785
purposes of the taxes levied under Chapter 5731. of the Revised	116786
Code.	116787

(iv) The transfer is made to a trust on account of a	116788
contractual relationship existing directly or indirectly between	116789
the transferor and another person who at the time of the	116790
decedent's death was domiciled in this state for purposes of this	116791
chapter.	116792

(v) The transfer is made to a trust on account of the will of	116793
a testator who was domiciled in this state at the time of the	116794
testator's death for purposes of the taxes levied under Chapter	116795
5731. of the Revised Code.	116796

(vi) The transfer is made to a trust created by or caused to	116797
be created by a court, and the trust was directly or indirectly	116798
created in connection with or as a result of the death of an	116799
individual who, for purposes of the taxes levied under Chapter	116800
5731. of the Revised Code, was domiciled in this state at the time	116801
of the individual's death.	116802

(g) The tax commissioner may adopt rules to ascertain the	116803
part of a trust residing in this state.	116804

(J) "Nonresident" means an individual or estate that is not a	116805
resident. An individual who is a resident for only part of a	116806
taxable year is a nonresident for the remainder of that taxable	116807
year.	116808

(K) "Pass-through entity" has the same meaning as in section	116809
5733.04 of the Revised Code.	116810

(L) "Return" means the notifications and reports required to	116811
be filed pursuant to this chapter for the purpose of reporting the	116812
tax due and includes declarations of estimated tax when so	116813
required.	116814

(M) "Taxable year" means the calendar year or the taxpayer's	116815
fiscal year ending during the calendar year, or fractional part	116816
thereof, upon which the adjusted gross income is calculated	116817
pursuant to this chapter.	116818

(N) "Taxpayer" means any person subject to the tax imposed by	116819
section 5747.02 of the Revised Code or any pass-through entity	116820
that makes the election under division (D) of section 5747.08 of	116821
the Revised Code.	116822

(O) "Dependents" means dependents as defined in the Internal	116823
Revenue Code and as claimed in the taxpayer's federal income tax	116824
return for the taxable year or which the taxpayer would have been	116825
permitted to claim had the taxpayer filed a federal income tax	116826
return.	116827

(P) "Principal county of employment" means, in the case of a	116828
nonresident, the county within the state in which a taxpayer	116829
performs services for an employer or, if those services are	116830
performed in more than one county, the county in which the major	116831
portion of the services are performed.	116832

(Q) As used in sections 5747.50 to 5747.55 of the Revised	116833
Code:	116834

(1) "Subdivision" means any county, municipal corporation,	116835
park district, or township.	116836

(2) "Essential local government purposes" includes all	116837
functions that any subdivision is required by general law to	116838
exercise, including like functions that are exercised under a	116839
charter adopted pursuant to the Ohio Constitution.	116840

(R) "Overpayment" means any amount already paid that exceeds	116841
the figure determined to be the correct amount of the tax.	116842

(S) "Taxable income" or "Ohio taxable income" applies only to	116843
estates and trusts, and means federal taxable income, as defined	116844
and used in the Internal Revenue Code, adjusted as follows:	116845

(1) Add interest or dividends, net of ordinary, necessary,	116846
and reasonable expenses not deducted in computing federal taxable	116847
income, on obligations or securities of any state or of any	116848
political subdivision or authority of any state, other than this	116849
state and its subdivisions and authorities, but only to the extent	116850
that such net amount is not otherwise includible in Ohio taxable	116851
income and is described in either division (S)(1)(a) or (b) of	116852
this section:	116853

(a) The net amount is not attributable to the S portion of an	116854
electing small business trust and has not been distributed to	116855
beneficiaries for the taxable year;	116856

(b) The net amount is attributable to the S portion of an	116857
electing small business trust for the taxable year.	116858

(2) Add interest or dividends, net of ordinary, necessary,	116859
and reasonable expenses not deducted in computing federal taxable	116860
income, on obligations of any authority, commission,	116861
instrumentality, territory, or possession of the United States to	116862
the extent that the interest or dividends are exempt from federal	116863
income taxes but not from state income taxes, but only to the	116864
extent that such net amount is not otherwise includible in Ohio	116865
taxable income and is described in either division (S)(1)(a) or	116866
(b) of this section;	116867

(3) Add the amount of personal exemption allowed to the	116868
estate pursuant to section 642(b) of the Internal Revenue Code;	116869

(4) Deduct interest or dividends, net of related expenses	116870
deducted in computing federal taxable income, on obligations of	116871
the United States and its territories and possessions or of any	116872
authority, commission, or instrumentality of the United States to	116873
the extent that the interest or dividends are exempt from state	116874
taxes under the laws of the United States, but only to the extent	116875
that such amount is included in federal taxable income and is	116876
described in either division (S)(1)(a) or (b) of this section;	116877

(5) Deduct the amount of wages and salaries, if any, not	116878
otherwise allowable as a deduction but that would have been	116879
allowable as a deduction in computing federal taxable income for	116880
the taxable year, had the targeted jobs credit allowed under	116881
sections 38, 51, and 52 of the Internal Revenue Code not been in	116882
effect, but only to the extent such amount relates either to	116883
income included in federal taxable income for the taxable year or	116884
to income of the S portion of an electing small business trust for	116885
the taxable year;	116886

(6) Deduct any interest or interest equivalent, net of	116887
related expenses deducted in computing federal taxable income, on	116888
public obligations and purchase obligations, but only to the	116889
extent that such net amount relates either to income included in	116890
federal taxable income for the taxable year or to income of the S	116891
portion of an electing small business trust for the taxable year;	116892

(7) Add any loss or deduct any gain resulting from sale,	116893
exchange, or other disposition of public obligations to the extent	116894
that such loss has been deducted or such gain has been included in	116895
computing either federal taxable income or income of the S portion	116896
of an electing small business trust for the taxable year;	116897

(8) Except in the case of the final return of an estate, add	116898
any amount deducted by the taxpayer on both its Ohio estate tax	116899
return pursuant to section 5731.14 of the Revised Code, and on its	116900
federal income tax return in determining federal taxable income;	116901

(9)(a) Deduct any amount included in federal taxable income	116902
solely because the amount represents a reimbursement or refund of	116903
expenses that in a previous year the decedent had deducted as an	116904
itemized deduction pursuant to section 63 of the Internal Revenue	116905
Code and applicable treasury regulations. The deduction otherwise	116906
allowed under division (S)(9)(a) of this section shall be reduced	116907
to the extent the reimbursement is attributable to an amount the	116908
taxpayer or decedent deducted under this section in any taxable	116909
year.	116910

(b) Add any amount not otherwise included in Ohio taxable	116911
income for any taxable year to the extent that the amount is	116912
attributable to the recovery during the taxable year of any amount	116913
deducted or excluded in computing federal or Ohio taxable income	116914
in any taxable year, but only to the extent such amount has not	116915
been distributed to beneficiaries for the taxable year.	116916

(10) Deduct any portion of the deduction described in section	116917
1341(a)(2) of the Internal Revenue Code, for repaying previously	116918
reported income received under a claim of right, that meets both	116919
of the following requirements:	116920

(a) It is allowable for repayment of an item that was	116921
included in the taxpayer's taxable income or the decedent's	116922
adjusted gross income for a prior taxable year and did not qualify	116923
for a credit under division (A) or (B) of section 5747.05 of the	116924
Revised Code for that year.	116925

(b) It does not otherwise reduce the taxpayer's taxable	116926
income or the decedent's adjusted gross income for the current or	116927
any other taxable year.	116928

(11) Add any amount claimed as a credit under section	116929
5747.059 or 5747.65 of the Revised Code to the extent that the	116930
amount satisfies either of the following:	116931

(a) The amount was deducted or excluded from the computation	116932
of the taxpayer's federal taxable income as required to be	116933
reported for the taxpayer's taxable year under the Internal	116934
Revenue Code;	116935

(b) The amount resulted in a reduction in the taxpayer's	116936
federal taxable income as required to be reported for any of the	116937
taxpayer's taxable years under the Internal Revenue Code.	116938

(12) Deduct any amount, net of related expenses deducted in	116939
computing federal taxable income, that a trust is required to	116940
report as farm income on its federal income tax return, but only	116941
if the assets of the trust include at least ten acres of land	116942
satisfying the definition of "land devoted exclusively to	116943
agricultural use" under section 5713.30 of the Revised Code,	116944
regardless of whether the land is valued for tax purposes as such	116945
land under sections 5713.30 to 5713.38 of the Revised Code. If the	116946
trust is a pass-through entity investor, section 5747.231 of the	116947
Revised Code applies in ascertaining if the trust is eligible to	116948
claim the deduction provided by division (S)(12) of this section	116949
in connection with the pass-through entity's farm income.	116950

Except for farm income attributable to the S portion of an	116951
electing small business trust, the deduction provided by division	116952
(S)(12) of this section is allowed only to the extent that the	116953
trust has not distributed such farm income. Division (S)(12) of	116954
this section applies only to taxable years of a trust beginning in	116955
2002 or thereafter.	116956

(13) Add the net amount of income described in section 641(c)	116957
of the Internal Revenue Code to the extent that amount is not	116958
included in federal taxable income.	116959

(14) Add or deduct the amount the taxpayer would be required	116960
to add or deduct under division (A)(20) or (21) of this section if	116961
the taxpayer's Ohio taxable income were computed in the same	116962
manner as an individual's Ohio adjusted gross income is computed	116963
under this section. In the case of a trust, division (S)(14) of	116964
this section applies only to any of the trust's taxable years	116965
beginning in 2002 or thereafter.	116966

(T) "School district income" and "school district income tax"	116967
have the same meanings as in section 5748.01 of the Revised Code.	116968

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	116969
of this section, "public obligations," "purchase obligations," and	116970
"interest or interest equivalent" have the same meanings as in	116971
section 5709.76 of the Revised Code.	116972

(V) "Limited liability company" means any limited liability	116973
company formed under Chapter 1705. of the Revised Code or under	116974
the laws of any other state.	116975

(W) "Pass-through entity investor" means any person who,	116976
during any portion of a taxable year of a pass-through entity, is	116977
a partner, member, shareholder, or equity investor in that	116978
pass-through entity.	116979

(X) "Banking day" has the same meaning as in section 1304.01	116980
of the Revised Code.	116981

(Y) "Month" means a calendar month.

116982

(Z) "Quarter" means the first three months, the second three	116983
months, the third three months, or the last three months of the	116984
taxpayer's taxable year.	116985

(AA)(1) "Eligible institution" means a state university or	116986
state institution of higher education as defined in section	116987
3345.011 of the Revised Code, or a private, nonprofit college,	116988
university, or other post-secondary institution located in this	116989
state that possesses a certificate of authorization issued by the	116990
Ohio board of regents pursuant to Chapter 1713. of the Revised	116991
Code or a certificate of registration issued by the state board of	116992
career colleges and schools under Chapter 3332. of the Revised	116993
Code.	116994

(2) "Qualified tuition and fees" means tuition and fees	116995
imposed by an eligible institution as a condition of enrollment or	116996
attendance, not exceeding two thousand five hundred dollars in	116997
each of the individual's first two years of post-secondary	116998
education. If the individual is a part-time student, "qualified	116999
tuition and fees" includes tuition and fees paid for the academic	117000
equivalent of the first two years of post-secondary education	117001
during a maximum of five taxable years, not exceeding a total of	117002
five thousand dollars. "Qualified tuition and fees" does not	117003
include:	117004

(a) Expenses for any course or activity involving sports,	117005
games, or hobbies unless the course or activity is part of the	117006
individual's degree or diploma program;	117007

(b) The cost of books, room and board, student activity fees,	117008
athletic fees, insurance expenses, or other expenses unrelated to	117009
the individual's academic course of instruction;	117010

(c) Tuition, fees, or other expenses paid or reimbursed	117011
through an employer, scholarship, grant in aid, or other	117012
educational benefit program.	117013

(BB)(1) "Modified business income" means the business income	117014
included in a trust's Ohio taxable income after such taxable	117015
income is first reduced by the qualifying trust amount, if any.	117016

(2) "Qualifying trust amount" of a trust means capital gains	117017
and losses from the sale, exchange, or other disposition of equity	117018
or ownership interests in, or debt obligations of, a qualifying	117019
investee to the extent included in the trust's Ohio taxable	117020
income, but only if the following requirements are satisfied:	117021

(a) The book value of the qualifying investee's physical	117022
assets in this state and everywhere, as of the last day of the	117023
qualifying investee's fiscal or calendar year ending immediately	117024
prior to the date on which the trust recognizes the gain or loss,	117025
is available to the trust.	117026

(b) The requirements of section 5747.011 of the Revised Code	117027
are satisfied for the trust's taxable year in which the trust	117028
recognizes the gain or loss.	117029

Any gain or loss that is not a qualifying trust amount is	117030
modified business income, qualifying investment income, or	117031
modified nonbusiness income, as the case may be.	117032

(3) "Modified nonbusiness income" means a trust's Ohio	117033
taxable income other than modified business income, other than the	117034
qualifying trust amount, and other than qualifying investment	117035
income, as defined in section 5747.012 of the Revised Code, to the	117036
extent such qualifying investment income is not otherwise part of	117037
modified business income.	117038

(4) "Modified Ohio taxable income" applies only to trusts,	117039
and means the sum of the amounts described in divisions (BB)(4)(a)	117040
to (c) of this section:	117041

(a) The fraction, calculated under section 5747.013, and	117042
applying section 5747.231 of the Revised Code, multiplied by the	117043
sum of the following amounts:	117044

(i) The trust's modified business income;

117045

(ii) The trust's qualifying investment income, as defined in	117046
section 5747.012 of the Revised Code, but only to the extent the	117047
qualifying investment income does not otherwise constitute	117048
modified business income and does not otherwise constitute a	117049
qualifying trust amount.	117050

(b) The qualifying trust amount multiplied by a fraction, the	117051
numerator of which is the sum of the book value of the qualifying	117052
investee's physical assets in this state on the last day of the	117053
qualifying investee's fiscal or calendar year ending immediately	117054
prior to the day on which the trust recognizes the qualifying	117055
trust amount, and the denominator of which is the sum of the book	117056
value of the qualifying investee's total physical assets	117057
everywhere on the last day of the qualifying investee's fiscal or	117058
calendar year ending immediately prior to the day on which the	117059
trust recognizes the qualifying trust amount. If, for a taxable	117060
year, the trust recognizes a qualifying trust amount with respect	117061
to more than one qualifying investee, the amount described in	117062
division (BB)(4)(b) of this section shall equal the sum of the	117063
products so computed for each such qualifying investee.	117064

(c)(i) With respect to a trust or portion of a trust that is	117065
a resident as ascertained in accordance with division (I)(3)(d) of	117066
this section, its modified nonbusiness income.	117067

(ii) With respect to a trust or portion of a trust that is	117068
not a resident as ascertained in accordance with division	117069
(I)(3)(d) of this section, the amount of its modified nonbusiness	117070
income satisfying the descriptions in divisions (B)(2) to (5) of	117071
section 5747.20 of the Revised Code, except as otherwise provided	117072
in division (BB)(4)(c)(ii) of this section. With respect to a	117073
trust or portion of a trust that is not a resident as ascertained	117074
in accordance with division (I)(3)(d) of this section, the trust's	117075
portion of modified nonbusiness income recognized from the sale,	117076
exchange, or other disposition of a debt interest in or equity	117077
interest in a section 5747.212 entity, as defined in section	117078
5747.212 of the Revised Code, without regard to division (A) of	117079
that section, shall not be allocated to this state in accordance	117080
with section 5747.20 of the Revised Code but shall be apportioned	117081
to this state in accordance with division (B) of section 5747.212	117082
of the Revised Code without regard to division (A) of that	117083
section.	117084

If the allocation and apportionment of a trust's income under	117085
divisions (BB)(4)(a) and (c) of this section do not fairly	117086
represent the modified Ohio taxable income of the trust in this	117087
state, the alternative methods described in division (C) of	117088
section 5747.21 of the Revised Code may be applied in the manner	117089
and to the same extent provided in that section.	117090

(5)(a) Except as set forth in division (BB)(5)(b) of this	117091
section, "qualifying investee" means a person in which a trust has	117092
an equity or ownership interest, or a person or unit of government	117093
the debt obligations of either of which are owned by a trust. For	117094
the purposes of division (BB)(2)(a) of this section and for the	117095
purpose of computing the fraction described in division (BB)(4)(b)	117096
of this section, all of the following apply:	117097

(i) If the qualifying investee is a member of a qualifying	117098
controlled group on the last day of the qualifying investee's	117099
fiscal or calendar year ending immediately prior to the date on	117100
which the trust recognizes the gain or loss, then "qualifying	117101
investee" includes all persons in the qualifying controlled group	117102
on such last day.	117103

(ii) If the qualifying investee, or if the qualifying	117104
investee and any members of the qualifying controlled group of	117105
which the qualifying investee is a member on the last day of the	117106
qualifying investee's fiscal or calendar year ending immediately	117107
prior to the date on which the trust recognizes the gain or loss,	117108
separately or cumulatively own, directly or indirectly, on the	117109
last day of the qualifying investee's fiscal or calendar year	117110
ending immediately prior to the date on which the trust recognizes	117111
the qualifying trust amount, more than fifty per cent of the	117112
equity of a pass-through entity, then the qualifying investee and	117113
the other members are deemed to own the proportionate share of the	117114
pass-through entity's physical assets which the pass-through	117115
entity directly or indirectly owns on the last day of the	117116
pass-through entity's calendar or fiscal year ending within or	117117
with the last day of the qualifying investee's fiscal or calendar	117118
year ending immediately prior to the date on which the trust	117119
recognizes the qualifying trust amount.	117120

(iii) For the purposes of division (BB)(5)(a)(iii) of this	117121
section, "upper level pass-through entity" means a pass-through	117122
entity directly or indirectly owning any equity of another	117123
pass-through entity, and "lower level pass-through entity" means	117124
that other pass-through entity.	117125

An upper level pass-through entity, whether or not it is also	117126
a qualifying investee, is deemed to own, on the last day of the	117127
upper level pass-through entity's calendar or fiscal year, the	117128
proportionate share of the lower level pass-through entity's	117129
physical assets that the lower level pass-through entity directly	117130
or indirectly owns on the last day of the lower level pass-through	117131
entity's calendar or fiscal year ending within or with the last	117132
day of the upper level pass-through entity's fiscal or calendar	117133
year. If the upper level pass-through entity directly and	117134
indirectly owns less than fifty per cent of the equity of the	117135
lower level pass-through entity on each day of the upper level	117136
pass-through entity's calendar or fiscal year in which or with	117137
which ends the calendar or fiscal year of the lower level	117138
pass-through entity and if, based upon clear and convincing	117139
evidence, complete information about the location and cost of the	117140
physical assets of the lower pass-through entity is not available	117141
to the upper level pass-through entity, then solely for purposes	117142
of ascertaining if a gain or loss constitutes a qualifying trust	117143
amount, the upper level pass-through entity shall be deemed as	117144
owning no equity of the lower level pass-through entity for each	117145
day during the upper level pass-through entity's calendar or	117146
fiscal year in which or with which ends the lower level	117147
pass-through entity's calendar or fiscal year. Nothing in division	117148
(BB)(5)(a)(iii) of this section shall be construed to provide for	117149
any deduction or exclusion in computing any trust's Ohio taxable	117150
income.	117151

(b) With respect to a trust that is not a resident for the	117152
taxable year and with respect to a part of a trust that is not a	117153
resident for the taxable year, "qualifying investee" for that	117154
taxable year does not include a C corporation if both of the	117155
following apply:	117156

(i) During the taxable year the trust or part of the trust	117157
recognizes a gain or loss from the sale, exchange, or other	117158
disposition of equity or ownership interests in, or debt	117159
obligations of, the C corporation.	117160

(ii) Such gain or loss constitutes nonbusiness income.

117161

(6) "Available" means information is such that a person is	117162
able to learn of the information by the due date plus extensions,	117163
if any, for filing the return for the taxable year in which the	117164
trust recognizes the gain or loss.	117165

(CC) "Qualifying controlled group" has the same meaning as in	117166
section 5733.04 of the Revised Code.	117167

(DD) "Related member" has the same meaning as in section	117168
5733.042 of the Revised Code.	117169

(EE)(1) For the purposes of division (EE) of this section:

117170

(a) "Qualifying person" means any person other than a	117171
qualifying corporation.	117172

(b) "Qualifying corporation" means any person classified for	117173
federal income tax purposes as an association taxable as a	117174
corporation, except either of the following:	117175

(i) A corporation that has made an election under subchapter	117176
S, chapter one, subtitle A, of the Internal Revenue Code for its	117177
taxable year ending within, or on the last day of, the investor's	117178
taxable year;	117179

(ii) A subsidiary that is wholly owned by any corporation	117180
that has made an election under subchapter S, chapter one,	117181
subtitle A of the Internal Revenue Code for its taxable year	117182
ending within, or on the last day of, the investor's taxable year.	117183

(2) For the purposes of this chapter, unless expressly stated	117184
otherwise, no qualifying person indirectly owns any asset directly	117185
or indirectly owned by any qualifying corporation.	117186

(FF) For purposes of this chapter and Chapter 5751. of the	117187
Revised Code:	117188

(1) "Trust" does not include a qualified pre-income tax	117189
trust.	117190

(2) A "qualified pre-income tax trust" is any pre-income tax	117191
trust that makes a qualifying pre-income tax trust election as	117192
described in division (FF)(3) of this section.	117193

(3) A "qualifying pre-income tax trust election" is an	117194
election by a pre-income tax trust to subject to the tax imposed	117195
by section 5751.02 of the Revised Code the pre-income tax trust	117196
and all pass-through entities of which the trust owns or controls,	117197
directly, indirectly, or constructively through related interests,	117198
five per cent or more of the ownership or equity interests. The	117199
trustee shall notify the tax commissioner in writing of the	117200
election on or before April 15, 2006. The election, if timely	117201
made, shall be effective on and after January 1, 2006, and shall	117202
apply for all tax periods and tax years until revoked by the	117203
trustee of the trust.	117204

(4) A "pre-income tax trust" is a trust that satisfies all of	117205
the following requirements:	117206

(a) The document or instrument creating the trust was	117207
executed by the grantor before January 1, 1972;	117208

(b) The trust became irrevocable upon the creation of the	117209
trust; and	117210

(c) The grantor was domiciled in this state at the time the	117211
trust was created.	117212

(GG) "Uniformed services" has the same meaning as in 10	117213
U.S.C. 101.	117214

Sec. 5747.02. (A) For the purpose of providing revenue for	117215
the support of schools and local government functions, to provide	117216
relief to property taxpayers, to provide revenue for the general	117217
revenue fund, and to meet the expenses of administering the tax	117218
levied by this chapter, there is hereby levied on every	117219
individual, trust, and estate residing in or earning or receiving	117220
income in this state, on every individual, trust, and estate	117221
earning or receiving lottery winnings, prizes, or awards pursuant	117222
to Chapter 3770. of the Revised Code, on every individual, trust,	117223
and estate earning or receiving winnings on casino gaming, and on	117224
every individual, trust, and estate otherwise having nexus with or	117225
in this state under the Constitution of the United States, an	117226
annual tax measured in the case of individuals by Ohio adjusted	117227
gross income less an exemption for the taxpayer, the taxpayer's	117228
spouse, and each dependent as provided in section 5747.025 of the	117229
Revised Code; measured in the case of trusts by modified Ohio	117230
taxable income under division (D) of this section; and measured in	117231
the case of estates by Ohio taxable income. The tax imposed by	117232
this section on the balance thus obtained is hereby levied as	117233
follows:	117234

(1) For taxable years beginning in 2004:

117235

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117236
OR		117237
MODIFIED OHIO		117238
TAXABLE INCOME (TRUSTS)		117239
OR		117240
OHIO TAXABLE INCOME (ESTATES)	TAX	117241

$5,000 or less	.743%	117242
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	117243
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	117244
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	117245
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	117246
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	117247
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	117248
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	117249
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	117250

(2) For taxable years beginning in 2005:

117251

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117252
OR		117253
MODIFIED OHIO		117254
TAXABLE INCOME (TRUSTS)		117255
OR		117256
OHIO TAXABLE INCOME (ESTATES)	TAX	117257

$5,000 or less	.712%	117258
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	117259
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	117260
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	117261
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	117262
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	117263
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	117264
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	117265
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	117266

(3) For taxable years beginning in 2006:

117267

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117268
OR		117269
MODIFIED OHIO		117270
TAXABLE INCOME (TRUSTS)		117271
OR		117272
OHIO TAXABLE INCOME (ESTATES)	TAX	117273

$5,000 or less	.681%	117274
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	117275
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	117276
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	117277
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	117278
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	117279
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	117280
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	117281
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	117282

(4) For taxable years beginning in 2007:

117283

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117284
OR		117285
MODIFIED OHIO		117286
TAXABLE INCOME (TRUSTS)		117287
OR		117288
OHIO TAXABLE INCOME (ESTATES)	TAX	117289

$5,000 or less	.649%	117290
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	117291
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	117292
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	117293
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	117294
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	117295
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	117296
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	117297
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	117298

(5) For taxable years beginning in 2008, 2009, or 2010:

117299

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117300
OR		117301
MODIFIED OHIO		117302
TAXABLE INCOME (TRUSTS)		117303
OR		117304
OHIO TAXABLE INCOME (ESTATES)	TAX	117305

$5,000 or less	.618%	117306
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	117307
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	117308
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	117309
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	117310
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	117311
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	117312
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	117313
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	117314

(6) For taxable years beginning in 2011 or ~~thereafter~~2012:

117315

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117316
OR		117317
MODIFIED OHIO		117318
TAXABLE INCOME (TRUSTS)		117319
OR		117320
OHIO TAXABLE INCOME (ESTATES)	TAX	117321

$5,000 or less	.587%	117322
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	117323
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	117324
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	117325
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	117326
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	117327
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	117328
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	117329
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	117330

(7) For taxable years beginning in 2013 or thereafter:

117331

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117332
OR		117333
MODIFIED OHIO		117334
TAXABLE INCOME (TRUSTS)		117335
OR		117336
OHIO TAXABLE INCOME (ESTATES)	TAX	117337

$5,000 or less	.546%	117338
More than $5,000 but not more than $10,000	$27.30 plus 1.092% of the amount in excess of $5,000	117339
More than $10,000 but not more than $15,000	$81.89 plus 2.184% of the amount in excess of $10,000	117340
More than $15,000 but not more than $20,000	$191.07 plus 2.730% of the amount in excess of $15,000	117341
More than $20,000 but not more than $40,000	$327.55 plus 3.275% of the amount in excess of $20,000	117342
More than $40,000 but not more than $80,000	$982.45 plus 3.821% of the amount in excess of $40,000	117343
More than $80,000 but not more than $100,000	$2,511.00 plus 4.366% of the amount in excess of $80,000	117344
More than $100,000 but not more than $200,000	$3,384.27 plus 5.069% of the amount in excess of $100,000	117345
More than $200,000	$8,453.70 plus 5.510% of the amount in excess of $200,000	117346

In ~~July~~August of each year, ~~beginning in 2010,~~ the tax	117347
commissioner shall adjust the income amounts prescribed in this	117348
division by multiplying the percentage increase in the gross	117349
domestic product deflator computed that year under section	117350
5747.025 of the Revised Code by each of the income amounts	117351
resulting from the adjustment under this division in the preceding	117352
year, adding the resulting product to the corresponding income	117353
amount resulting from the adjustment in the preceding year, and	117354
rounding the resulting sum to the nearest multiple of fifty	117355
dollars. The tax commissioner also shall recompute each of the tax	117356
dollar amounts to the extent necessary to reflect the adjustment	117357
of the income amounts. The rates of taxation shall not be	117358
adjusted.	117359

The adjusted amounts apply to taxable years beginning in the	117360
calendar year in which the adjustments are made. The tax	117361
commissioner shall not make such adjustments in any year in which	117362
the amount resulting from the adjustment would be less than the	117363
amount resulting from the adjustment in the preceding year.	117364

(B) If the director of budget and management makes a	117365
certification to the tax commissioner under division (B) of	117366
section 131.44 of the Revised Code, the amount of tax as	117367
determined under division (A) of this section shall be reduced by	117368
the percentage prescribed in that certification for taxable years	117369
beginning in the calendar year in which that certification is	117370
made.	117371

(C) The levy of this tax on income does not prevent a	117372
municipal corporation, a joint economic development zone created	117373
under section 715.691, or a joint economic development district	117374
created under section 715.70 or 715.71 or sections 715.72 to	117375
715.81 of the Revised Code from levying a tax on income.	117376

(D) This division applies only to taxable years of a trust	117377
beginning in 2002 or thereafter.	117378

(1) The tax imposed by this section on a trust shall be	117379
computed by multiplying the Ohio modified taxable income of the	117380
trust by the rates prescribed by division (A) of this section.	117381

(2) A resident trust may claim a credit against the tax	117382
computed under division (D) of this section equal to the lesser of	117383
(1) the tax paid to another state or the District of Columbia on	117384
the resident trust's modified nonbusiness income, other than the	117385
portion of the resident trust's nonbusiness income that is	117386
qualifying investment income as defined in section 5747.012 of the	117387
Revised Code, or (2) the effective tax rate, based on modified	117388
Ohio taxable income, multiplied by the resident trust's modified	117389
nonbusiness income other than the portion of the resident trust's	117390
nonbusiness income that is qualifying investment income. The	117391
credit applies before any other applicable credits.	117392

(3) The credits enumerated in divisions (A)(1) to (13) of	117393
section 5747.98 of the Revised Code do not apply to a trust	117394
subject to division (D) of this section. Any credits enumerated in	117395
other divisions of section 5747.98 of the Revised Code apply to a	117396
trust subject to division (D) of this section. To the extent that	117397
the trust distributes income for the taxable year for which a	117398
credit is available to the trust, the credit shall be shared by	117399
the trust and its beneficiaries. The tax commissioner and the	117400
trust shall be guided by applicable regulations of the United	117401
States treasury regarding the sharing of credits.	117402

(E) For the purposes of this section, "trust" means any trust	117403
described in Subchapter J of Chapter 1 of the Internal Revenue	117404
Code, excluding trusts that are not irrevocable as defined in	117405
division (I)(3)(b) of section 5747.01 of the Revised Code and that	117406
have no modified Ohio taxable income for the taxable year,	117407
charitable remainder trusts, qualified funeral trusts and preneed	117408
funeral contract trusts established pursuant to sections 4717.31	117409
to 4717.38 of the Revised Code that are not qualified funeral	117410
trusts, endowment and perpetual care trusts, qualified settlement	117411
trusts and funds, designated settlement trusts and funds, and	117412
trusts exempted from taxation under section 501(a) of the Internal	117413
Revenue Code.	117414

Sec. 5747.022. An individual subject to the tax imposed by	117415
section 5747.02 of the Revised Code may claim a credit equal to	117416
twenty dollars times the number of exemptions allowed for the	117417
taxpayer, ~~his~~the taxpayer's spouse, and each dependent under	117418
section 5747.02 of the Revised Code. The credit shall be claimed	117419
in the order required under section 5747.98 of the Revised Code.	117420
The credit shall not be considered in determining the taxes	117421
required to be withheld under section 5747.06 of the Revised Code	117422
or the estimated taxes required to be paid under section 5747.09	117423
of the Revised Code. In the case of an individual with respect to	117424
whom an exemption under section 5747.02 of the Revised Code is	117425
allowable to another taxpayer for a taxable year beginning in the	117426
calendar year in which the individual's taxable year begins, the	117427
"number of exemptions allowed" for purposes of calculating the	117428
credit allowed under this section to such individual for the	117429
individual's taxable year shall not include an exemption for the	117430
individual.	117431

Sec. 5747.025. (A) ~~The~~Except as otherwise provided in this	117432
division, the personal exemption for the taxpayer and the	117433
taxpayer's spouse shall be seven hundred fifty dollars each for	117434
the taxable year beginning in 1996, eight hundred fifty dollars	117435
each for the taxable year beginning in 1997, nine hundred fifty	117436
dollars each for the taxable year beginning in 1998, and one	117437
thousand fifty dollars each for the taxable year beginning in 1999	117438
and taxable years beginning after 1999. The personal exemption	117439
amount prescribed in this division for taxable years beginning	117440
after 1999 shall be adjusted each year in the manner prescribed in	117441
division (C) of this section. In the case of an individual with	117442
respect to whom an exemption under section 5747.02 of the Revised	117443
Code is allowable to another taxpayer for a taxable year beginning	117444
in the calendar year in which the individual's taxable year	117445
begins, the exemption amount applicable to such individual for	117446
such individual's taxable year shall be zero.	117447

(B) The personal exemption for each dependent shall be eight	117448
hundred fifty dollars for the taxable year beginning in 1996, and	117449
one thousand fifty dollars for the taxable year beginning in 1997	117450
and taxable years beginning after 1997. The personal exemption	117451
amount prescribed in this division for taxable years beginning	117452
after 1999 shall be adjusted each year in the manner prescribed in	117453
division (C) of this section.	117454

(C) In ~~September~~August of each year~~, beginning in 2000~~, the	117455
tax commissioner shall determine the percentage increase in the	117456
gross domestic product deflator determined by the bureau of	117457
economic analysis of the United States department of commerce from	117458
the first day of January of the preceding calendar year to the	117459
last day of December of the preceding year, and adjust the	117460
personal exemption amount for taxable years beginning in the	117461
current calendar year by multiplying that amount by the percentage	117462
increase in the gross domestic product deflator for that period;	117463
adding the resulting product to the personal exemption amount for	117464
taxable years beginning in the preceding calendar year; and	117465
rounding the resulting sum upward to the nearest multiple of fifty	117466
dollars. The commissioner shall not make such an adjustment in any	117467
calendar year in which the amount resulting from the adjustment	117468
would be less than the amount resulting from the adjustment in the	117469
preceding calendar year.	117470

Sec. 5747.08. An annual return with respect to the tax	117471
imposed by section 5747.02 of the Revised Code and each tax	117472
imposed under Chapter 5748. of the Revised Code shall be made by	117473
every taxpayer for any taxable year for which the taxpayer is	117474
liable for the tax imposed by that section or under that chapter,	117475
unless the total credits allowed under divisions (E), (F), and (G)	117476
of section 5747.05 of the Revised Code for the year are equal to	117477
or exceed the tax imposed by section 5747.02 of the Revised Code,	117478
in which case no return shall be required unless the taxpayer is	117479
liable for a tax imposed pursuant to Chapter 5748. of the Revised	117480
Code.	117481

(A) If an individual is deceased, any return or notice	117482
required of that individual under this chapter shall be made and	117483
filed by that decedent's executor, administrator, or other person	117484
charged with the property of that decedent.	117485

(B) If an individual is unable to make a return or notice	117486
required by this chapter, the return or notice required of that	117487
individual shall be made and filed by the individual's duly	117488
authorized agent, guardian, conservator, fiduciary, or other	117489
person charged with the care of the person or property of that	117490
individual.	117491

(C) Returns or notices required of an estate or a trust shall	117492
be made and filed by the fiduciary of the estate or trust.	117493

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	117494
of this section, any pass-through entity may file a single return	117495
on behalf of one or more of the entity's investors other than an	117496
investor that is a person subject to the tax imposed under section	117497
5733.06 of the Revised Code. The single return shall set forth the	117498
name, address, and social security number or other identifying	117499
number of each of those pass-through entity investors and shall	117500
indicate the distributive share of each of those pass-through	117501
entity investor's income taxable in this state in accordance with	117502
sections 5747.20 to 5747.231 of the Revised Code. Such	117503
pass-through entity investors for whom the pass-through entity	117504
elects to file a single return are not entitled to the exemption	117505
or credit provided for by sections 5747.02 and 5747.022 of the	117506
Revised Code; shall calculate the tax before business credits at	117507
the highest rate of tax set forth in section 5747.02 of the	117508
Revised Code for the taxable year for which the return is filed;	117509
and are entitled to only their distributive share of the business	117510
credits as defined in division (D)(2) of this section. A single	117511
check drawn by the pass-through entity shall accompany the return	117512
in full payment of the tax due, as shown on the single return, for	117513
such investors, other than investors who are persons subject to	117514
the tax imposed under section 5733.06 of the Revised Code.	117515

(b)(i) A pass-through entity shall not include in such a	117516
single return any investor that is a trust to the extent that any	117517
direct or indirect current, future, or contingent beneficiary of	117518
the trust is a person subject to the tax imposed under section	117519
5733.06 of the Revised Code.	117520

(ii) A pass-through entity shall not include in such a single	117521
return any investor that is itself a pass-through entity to the	117522
extent that any direct or indirect investor in the second	117523
pass-through entity is a person subject to the tax imposed under	117524
section 5733.06 of the Revised Code.	117525

(c) Nothing in division (D) of this section precludes the tax	117526
commissioner from requiring such investors to file the return and	117527
make the payment of taxes and related interest, penalty, and	117528
interest penalty required by this section or section 5747.02,	117529
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	117530
of this section precludes such an investor from filing the annual	117531
return under this section, utilizing the refundable credit equal	117532
to the investor's proportionate share of the tax paid by the	117533
pass-through entity on behalf of the investor under division (J)	117534
of this section, and making the payment of taxes imposed under	117535
section 5747.02 of the Revised Code. Nothing in division (D) of	117536
this section shall be construed to provide to such an investor or	117537
pass-through entity any additional deduction or credit, other than	117538
the credit provided by division (J) of this section, solely on	117539
account of the entity's filing a return in accordance with this	117540
section. Such a pass-through entity also shall make the filing and	117541
payment of estimated taxes on behalf of the pass-through entity	117542
investors other than an investor that is a person subject to the	117543
tax imposed under section 5733.06 of the Revised Code.	117544

(2) For the purposes of this section, "business credits"	117545
means the credits listed in section 5747.98 of the Revised Code	117546
excluding the following credits:	117547

(a) The retirement credit under division (B) of section	117548
5747.055 of the Revised Code;	117549

(b) The senior citizen credit under division (C) of section	117550
5747.05 of the Revised Code;	117551

(c) The lump sum distribution credit under division (D) of	117552
section 5747.05 of the Revised Code;	117553

(d) The dependent care credit under section 5747.054 of the	117554
Revised Code;	117555

(e) The lump sum retirement income credit under division (C)	117556
of section 5747.055 of the Revised Code;	117557

(f) The lump sum retirement income credit under division (D)	117558
of section 5747.055 of the Revised Code;	117559

(g) The lump sum retirement income credit under division (E)	117560
of section 5747.055 of the Revised Code;	117561

(h) The credit for displaced workers who pay for job training	117562
under section 5747.27 of the Revised Code;	117563

(i) The twenty-dollar personal exemption credit under section	117564
5747.022 of the Revised Code;	117565

(j) The joint filing credit under division (G) of section	117566
5747.05 of the Revised Code;	117567

(k) The nonresident credit under division (A) of section	117568
5747.05 of the Revised Code;	117569

(l) The credit for a resident's out-of-state income under	117570
division (B) of section 5747.05 of the Revised Code;	117571

(m) The low-income credit under section 5747.056 of the	117572
Revised Code.	117573

(3) The election provided for under division (D) of this	117574
section applies only to the taxable year for which the election is	117575
made by the pass-through entity. Unless the tax commissioner	117576
provides otherwise, this election, once made, is binding and	117577
irrevocable for the taxable year for which the election is made.	117578
Nothing in this division shall be construed to provide for any	117579
deduction or credit that would not be allowable if a nonresident	117580
pass-through entity investor were to file an annual return.	117581

(4) If a pass-through entity makes the election provided for	117582
under division (D) of this section, the pass-through entity shall	117583
be liable for any additional taxes, interest, interest penalty, or	117584
penalties imposed by this chapter if the tax commissioner finds	117585
that the single return does not reflect the correct tax due by the	117586
pass-through entity investors covered by that return. Nothing in	117587
this division shall be construed to limit or alter the liability,	117588
if any, imposed on pass-through entity investors for unpaid or	117589
underpaid taxes, interest, interest penalty, or penalties as a	117590
result of the pass-through entity's making the election provided	117591
for under division (D) of this section. For the purposes of	117592
division (D) of this section, "correct tax due" means the tax that	117593
would have been paid by the pass-through entity had the single	117594
return been filed in a manner reflecting the commissioner's	117595
findings. Nothing in division (D) of this section shall be	117596
construed to make or hold a pass-through entity liable for tax	117597
attributable to a pass-through entity investor's income from a	117598
source other than the pass-through entity electing to file the	117599
single return.	117600

(E) If a husband and wife file a joint federal income tax	117601
return for a taxable year, they shall file a joint return under	117602
this section for that taxable year, and their liabilities are	117603
joint and several, but, if the federal income tax liability of	117604
either spouse is determined on a separate federal income tax	117605
return, they shall file separate returns under this section.	117606

If either spouse is not required to file a federal income tax	117607
return and either or both are required to file a return pursuant	117608
to this chapter, they may elect to file separate or joint returns,	117609
and, pursuant to that election, their liabilities are separate or	117610
joint and several. If a husband and wife file separate returns	117611
pursuant to this chapter, each must claim the taxpayer's own	117612
exemption, but not both, as authorized under section 5747.02 of	117613
the Revised Code on the taxpayer's own return.	117614

(F) Each return or notice required to be filed under this	117615
section shall contain the signature of the taxpayer or the	117616
taxpayer's duly authorized agent and of the person who prepared	117617
the return for the taxpayer, and shall include the taxpayer's	117618
social security number. Each return shall be verified by a	117619
declaration under the penalties of perjury. The tax commissioner	117620
shall prescribe the form that the signature and declaration shall	117621
take.	117622

(G) Each return or notice required to be filed under this	117623
section shall be made and filed as required by section 5747.04 of	117624
the Revised Code, on or before the fifteenth day of April of each	117625
year, on forms that the tax commissioner shall prescribe, together	117626
with remittance made payable to the treasurer of state in the	117627
combined amount of the state and all school district income taxes	117628
shown to be due on the form~~, unless the combined amount shown to~~	117629
~~be due is one dollar or less, in which case that amount need not~~	117630
~~be remitted~~.	117631

Upon good cause shown, the commissioner may extend the period	117632
for filing any notice or return required to be filed under this	117633
section and may adopt rules relating to extensions. If the	117634
extension results in an extension of time for the payment of any	117635
state or school district income tax liability with respect to	117636
which the return is filed, the taxpayer shall pay at the time the	117637
tax liability is paid an amount of interest computed at the rate	117638
per annum prescribed by section 5703.47 of the Revised Code on	117639
that liability from the time that payment is due without extension	117640
to the time of actual payment. Except as provided in section	117641
5747.132 of the Revised Code, in addition to all other interest	117642
charges and penalties, all taxes imposed under this chapter or	117643
Chapter 5748. of the Revised Code and remaining unpaid after they	117644
become due, except combined amounts due of one dollar or less,	117645
bear interest at the rate per annum prescribed by section 5703.47	117646
of the Revised Code until paid or until the day an assessment is	117647
issued under section 5747.13 of the Revised Code, whichever occurs	117648
first.	117649

If the commissioner considers it necessary in order to ensure	117650
the payment of the tax imposed by section 5747.02 of the Revised	117651
Code or any tax imposed under Chapter 5748. of the Revised Code,	117652
the commissioner may require returns and payments to be made	117653
otherwise than as provided in this section.	117654

To the extent that any provision in this division conflicts	117655
with any provision in section 5747.026 of the Revised Code, the	117656
provision in that section prevails.	117657

(H) If any report, claim, statement, or other document	117658
required to be filed, or any payment required to be made, within a	117659
prescribed period or on or before a prescribed date under this	117660
chapter is delivered after that period or that date by United	117661
States mail to the agency, officer, or office with which the	117662
report, claim, statement, or other document is required to be	117663
filed, or to which the payment is required to be made, the date of	117664
the postmark stamped on the cover in which the report, claim,	117665
statement, or other document, or payment is mailed shall be deemed	117666
to be the date of delivery or the date of payment.	117667

If a payment is required to be made by electronic funds	117668
transfer pursuant to section 5747.072 of the Revised Code, the	117669
payment is considered to be made when the payment is received by	117670
the treasurer of state or credited to an account designated by the	117671
treasurer of state for the receipt of tax payments.	117672

"The date of the postmark" means, in the event there is more	117673
than one date on the cover, the earliest date imprinted on the	117674
cover by the United States postal service.	117675

(I) The amounts withheld by an employer pursuant to section	117676
5747.06 of the Revised Code, a casino operator pursuant to section	117677
5747.063 of the Revised Code, or a lottery sales agent pursuant to	117678
section 5747.064 of the Revised Code shall be allowed to the	117679
recipient of the compensation casino winnings, or lottery prize	117680
award as credits against payment of the appropriate taxes imposed	117681
on the recipient by section 5747.02 and under Chapter 5748. of the	117682
Revised Code.	117683

(J) If~~, in accordance with division (D) of this section,~~ a	117684
pass-through entity elects to file a single return under division	117685
(D) of this section and if any investor is required to file the	117686
annual return and make the payment of taxes required by this	117687
chapter on account of the investor's other income that is not	117688
included in a single return filed by a pass-through entity or any	117689
other investor elects to file the annual return, the investor is	117690
entitled to a refundable credit equal to the investor's	117691
proportionate share of the tax paid by the pass-through entity on	117692
behalf of the investor. The investor shall claim the credit for	117693
the investor's taxable year in which or with which ends the	117694
taxable year of the pass-through entity. Nothing in this chapter	117695
shall be construed to allow any credit provided in this chapter to	117696
be claimed more than once. For the ~~purposes~~purpose of computing	117697
any interest, penalty, or interest penalty, the investor shall be	117698
deemed to have paid the refundable credit provided by this	117699
division on the day that the pass-through entity paid the	117700
estimated tax or the tax giving rise to the credit.	117701

(K) The tax commissioner shall ensure that each return	117702
required to be filed under this section includes a box that the	117703
taxpayer may check to authorize a paid tax preparer who prepared	117704
the return to communicate with the department of taxation about	117705
matters pertaining to the return. The return or instructions	117706
accompanying the return shall indicate that by checking the box	117707
the taxpayer authorizes the department of taxation to contact the	117708
preparer concerning questions that arise during the processing of	117709
the return and authorizes the preparer only to provide the	117710
department with information that is missing from the return, to	117711
contact the department for information about the processing of the	117712
return or the status of the taxpayer's refund or payments, and to	117713
respond to notices about mathematical errors, offsets, or return	117714
preparation that the taxpayer has received from the department and	117715
has shown to the preparer.	117716

(L) The tax commissioner shall permit individual taxpayers to	117717
instruct the department of taxation to cause any refund of	117718
overpaid taxes to be deposited directly into a checking account,	117719
savings account, or an individual retirement account or individual	117720
retirement annuity, or preexisting college savings plan or program	117721
account offered by the Ohio tuition trust authority under Chapter	117722
3334. of the Revised Code, as designated by the taxpayer, when the	117723
taxpayer files the annual return required by this section	117724
electronically.	117725

(M) The tax commissioner may adopt rules to administer this	117726
section.	117727

Sec. 5747.10. If any of the facts, figures, computations, or	117728
attachments required in a taxpayer's annual return to determine	117729
the tax charged by this chapter or Chapter 5748. of the Revised	117730
Code must be altered as the result of an adjustment to the	117731
taxpayer's federal income tax return, whether initiated by the	117732
taxpayer or the internal revenue service, and such alteration	117733
affects the taxpayer's tax liability under this chapter or Chapter	117734
5748. of the Revised Code, the taxpayer shall file an amended	117735
return with the tax commissioner in such form as the commissioner	117736
requires. The amended return shall be filed not later than sixty	117737
days after the adjustment has been agreed to or finally determined	117738
for federal income tax purposes or any federal income tax	117739
deficiency or refund, or the abatement or credit resulting	117740
therefrom, has been assessed or paid, whichever occurs first.	117741

(A) In the case of an underpayment, the amended return shall	117742
be accompanied by payment of any combined additional tax due	117743
together with interest thereon. ~~If the combined tax shown to be~~	117744
~~due is one dollar or less, such amount need not accompany the~~	117745
~~amended return.~~ An amended return required by this section is a	117746
return subject to assessment under section 5747.13 of the Revised	117747
Code for the purpose of assessing any additional tax due under	117748
this section, together with any applicable penalty and interest.	117749
It shall not reopen those facts, figures, computations, or	117750
attachments from a previously filed return no longer subject to	117751
assessment that are not affected, either directly or indirectly,	117752
by the adjustment to the taxpayer's federal income tax return.	117753

(B) In the case of an overpayment, an application for refund	117754
may be filed under this division within the sixty-day period	117755
prescribed for filing the amended return even if it is filed	117756
beyond the period prescribed in section 5747.11 of the Revised	117757
Code if it otherwise conforms to the requirements of such section.	117758
An application filed under this division shall claim refund of	117759
overpayments resulting from alterations to only those facts,	117760
figures, computations, or attachments required in the taxpayer's	117761
annual return that are affected, either directly or indirectly, by	117762
the adjustment to the taxpayer's federal income tax return unless	117763
it is also filed within the time prescribed in section 5747.11 of	117764
the Revised Code. It shall not reopen those facts, figures,	117765
computations, or attachments that are not affected, either	117766
directly or indirectly, by the adjustment to the taxpayer's	117767
federal income tax return.	117768

Sec. 5747.11. (A) The tax commissioner shall refund to	117769
employers, qualifying entities, or taxpayers~~, with respect to any~~	117770
subject to a tax imposed under section 5733.41, 5747.02, or	117771
5747.41, or Chapter 5748. of the Revised Code:	117772

~~(1) Overpayments of more than one dollar;~~

117773

~~(2) Amounts in excess of one dollar paid illegally or~~	117774
~~erroneously;~~	117775

~~(3) Amounts in excess of one dollar paid on an illegal,~~	117776
~~erroneous, or excessive assessment~~the amount of any overpayment	117777
of such tax.	117778

(B) Except as otherwise provided under divisions (D) and (E)	117779
of this section, applications for refund shall be filed with the	117780
tax commissioner, on the form prescribed by the commissioner,	117781
within four years from the date of the illegal, erroneous, or	117782
excessive payment of the tax, or within any additional period	117783
allowed by division (B)(3)(b) of section 5747.05, division (B) of	117784
section 5747.10, division (A) of section 5747.13, or division (C)	117785
of section 5747.45 of the Revised Code.	117786

On filing of the refund application, the commissioner shall	117787
determine the amount of refund due and, if that amount exceeds one	117788
dollar, certify such amount to the director of budget and	117789
management and treasurer of state for payment from the tax refund	117790
fund created by section 5703.052 of the Revised Code. Payment	117791
shall be made as provided in division (C) of section 126.35 of the	117792
Revised Code.	117793

(C)(1) ~~Interest shall be allowed and paid upon any illegal or~~	117794
~~erroneous assessment in excess of one dollar in respect of the tax~~	117795
~~imposed under section 5747.02 or Chapter 5748. of the Revised Code~~	117796
~~at the rate per annum prescribed by section 5703.47 of the Revised~~	117797
~~Code from the date of the payment of the illegal or erroneous~~	117798
~~assessment until the date the refund of such amount is paid. If~~	117799
~~such refund results from the filing of a return or report, or the~~	117800
~~payment accompanying such return or report, by an employer or~~	117801
~~taxpayer, rather than from an assessment by the commissioner, such~~	117802
~~interest shall run from a period ninety days after the final~~	117803
~~filing date of the annual return until the date the refund is~~	117804
~~paid.~~	117805

~~(2)~~ Interest shall be allowed and paid at the rate per annum	117806
prescribed by section 5703.47 of the Revised Code ~~upon any~~	117807
~~overpayment in excess of one dollar in respect of~~on amounts	117808
refunded with respect to the tax imposed under section 5747.02 or	117809
Chapter 5748. of the Revised Code from the date of the overpayment	117810
until the date of the refund of the overpayment, except that if	117811
any overpayment is refunded within ninety days after the final	117812
filing date of the annual return or ninety days after the return	117813
is filed, whichever is later, no interest shall be allowed on such	117814
overpayment. If the overpayment results from the carryback of a	117815
net operating loss or net capital loss to a previous taxable year,	117816
the overpayment is deemed not to have been made prior to the	117817
filing date, including any extension thereof, for the taxable year	117818
in which the net operating loss or net capital loss arises. For	117819
purposes of the payment of interest on overpayments, no amount of	117820
tax, for any taxable year, shall be treated as having been paid	117821
before the date on which the tax return for that year was due	117822
without regard to any extension of time for filing such return.	117823

~~(3)~~(2) Interest shall be allowed at the rate per annum	117824
prescribed by section 5703.47 of the Revised Code on amounts	117825
refunded with respect to the taxes imposed under sections 5733.41	117826
and 5747.41 of the Revised Code. The interest shall run from	117827
whichever of the following days is the latest until the day the	117828
refund is paid: the day the illegal, erroneous, or excessive	117829
payment was made; the ninetieth day after the final day the annual	117830
report was required to be filed under section 5747.42 of the	117831
Revised Code; or the ninetieth day after the day that report was	117832
filed.	117833

(D) "Ninety days" shall be substituted for "four years" in	117834
division (B) of this section if the taxpayer satisfies both of the	117835
following conditions:	117836

(1) The taxpayer has applied for a refund based in whole or	117837
in part upon section 5747.059 of the Revised Code;	117838

(2) The taxpayer asserts that either the imposition or	117839
collection of the tax imposed or charged by this chapter or any	117840
portion of such tax violates the Constitution of the United States	117841
or the Constitution of Ohio.	117842

(E)(1) Division (E)(2) of this section applies only if all of	117843
the following conditions are satisfied:	117844

(a) A qualifying entity pays an amount of the tax imposed by	117845
section 5733.41 or 5747.41 of the Revised Code;	117846

(b) The taxpayer is a qualifying investor as to that	117847
qualifying entity;	117848

(c) The taxpayer did not claim the credit provided for in	117849
section 5747.059 of the Revised Code as to the tax described in	117850
division (E)(1)(a) of this section;	117851

(d) The four-year period described in division (B) of this	117852
section has ended as to the taxable year for which the taxpayer	117853
otherwise would have claimed that credit.	117854

(2) A taxpayer shall file an application for refund pursuant	117855
to division (E) of this section within one year after the date the	117856
payment described in division (E)(1)(a) of this section is made.	117857
An application filed under division (E)(2) of this section shall	117858
claim refund only of overpayments resulting from the taxpayer's	117859
failure to claim the credit described in division (E)(1)(c) of	117860
this section. Nothing in division (E) of this section shall be	117861
construed to relieve a taxpayer from complying with division	117862
(A)(16) of section 5747.01 of the Revised Code.	117863

Sec. 5747.113. (A) Any taxpayer claiming a refund under	117864
section 5747.11 of the Revised Code who wishes to contribute any	117865
part of the taxpayer's refund to the natural areas and preserves	117866
fund created in section 1517.11 of the Revised Code, the nongame	117867
and endangered wildlife fund created in section 1531.26 of the	117868
Revised Code, the military injury relief fund created in section	117869
5101.98 of the Revised Code, the Ohio historical society income	117870
tax contribution fund created in section 149.308 of the Revised	117871
Code, or all of those funds may designate on the taxpayer's income	117872
tax return the amount that the taxpayer wishes to contribute to	117873
the fund or funds. A designated contribution is irrevocable upon	117874
the filing of the return and shall be made in the full amount	117875
designated if the refund found due the taxpayer upon the initial	117876
processing of the taxpayer's return, after any deductions	117877
including those required by section 5747.12 of the Revised Code,	117878
is greater than or equal to the designated contribution. If the	117879
refund due as initially determined is less than the designated	117880
contribution, the contribution shall be made in the full amount of	117881
the refund. The tax commissioner shall subtract the amount of the	117882
contribution from the amount of the refund initially found due the	117883
taxpayer and shall certify the difference to the director of	117884
budget and management and treasurer of state for payment to the	117885
taxpayer in accordance with section 5747.11 of the Revised Code.	117886
For the purpose of any subsequent determination of the taxpayer's	117887
net tax payment, the contribution shall be considered a part of	117888
the refund paid to the taxpayer.	117889

(B) The tax commissioner shall provide a space on the income	117890
tax return form in which a taxpayer may indicate that the taxpayer	117891
wishes to make a donation in accordance with this section. The tax	117892
commissioner shall also print in the instructions accompanying the	117893
income tax return form a description of the purposes for which the	117894
natural areas and preserves fund, the nongame and endangered	117895
wildlife fund, the military injury relief fund, and the Ohio	117896
historical society income tax contribution fund were created and	117897
the use of moneys from the income tax refund contribution system	117898
established in this section. No person shall designate on the	117899
person's income tax return any part of a refund claimed under	117900
section 5747.11 of the Revised Code as a contribution to any fund	117901
other than the natural areas and preserves fund, the nongame and	117902
endangered wildlife fund, the military injury relief fund, or the	117903
Ohio historical society income tax contribution fund.	117904

(C) The money collected under the income tax refund	117905
contribution system established in this section shall be deposited	117906
by the tax commissioner into the natural areas and preserves fund,	117907
the nongame and endangered wildlife fund, the military injury	117908
relief fund, and the Ohio historical society income tax	117909
contribution fund in the amounts designated on the tax returns.	117910

(D) No later than the thirtieth day of September each year,	117911
the tax commissioner shall determine the total amount contributed	117912
to each fund under this section during the preceding eight months,	117913
any adjustments to prior months, and the cost to the department of	117914
taxation of administering the income tax refund contribution	117915
system during that eight-month period. The commissioner shall make	117916
an additional determination no later than the thirty-first day of	117917
January of each year of the total amount contributed to each fund	117918
under this section during the preceding four calendar months, any	117919
adjustments to prior years made during that four-month period, and	117920
the cost to the department of taxation of administering the income	117921
tax contribution system during that period. The cost of	117922
administering the income tax contribution system shall be	117923
certified by the tax commissioner to the director of budget and	117924
management, who shall transfer an amount equal to one-fourth of	117925
such administrative costs from the natural areas and preserves	117926
fund, one-fourth of such costs from the nongame and endangered	117927
wildlife fund, one-fourth of such costs from the military injury	117928
relief fund, and one-fourth of such costs from the Ohio historical	117929
society income tax contribution fund to the ~~litter control and~~	117930
~~natural resource~~income tax ~~administration~~contribution fund,	117931
which is hereby created, provided that the moneys that the	117932
department receives to pay the cost of administering the income	117933
tax refund contribution system in any year shall not exceed two	117934
and one-half per cent of the total amount contributed under that	117935
system during that year.	117936

(E)(1) The director of natural resources, in January of every	117937
odd-numbered year, shall report to the general assembly on the	117938
effectiveness of the income tax refund contribution system as it	117939
pertains to the natural areas and preserves fund and the nongame	117940
and endangered wildlife fund. The report shall include the amount	117941
of money contributed to each fund in each of the previous five	117942
years, the amount of money contributed directly to each fund in	117943
addition to or independently of the income tax refund contribution	117944
system in each of the previous five years, and the purposes for	117945
which the money was expended.	117946

(2) The director of job and family services and the director	117947
of the Ohio historical society, in January of every odd-numbered	117948
year, each shall report to the general assembly on the	117949
effectiveness of the income tax refund contribution system as it	117950
pertains to the military injury relief fund and the Ohio	117951
historical society income tax contribution fund, respectively. The	117952
report shall include the amount of money contributed to the fund	117953
in each of the previous five years, the amount of money	117954
contributed directly to the fund in addition to or independently	117955
of the income tax refund contribution system in each of the	117956
previous five years, and the purposes for which the money was	117957
expended.	117958

Sec. 5747.122. (A) The tax commissioner, in accordance with	117959
section 5101.184 of the Revised Code, shall cooperate with the	117960
director of job and family services to collect overpayments of	117961
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	117962
5113., or section 5101.54 of the Revised Code from refunds of	117963
state income taxes for taxable year 1992 and thereafter that are	117964
payable to the recipients of such overpayments.	117965

(B) At the request of the department of job and family	117966
services in connection with the collection of an overpayment of	117967
assistance from a refund of state income taxes pursuant to this	117968
section and section 5101.184 of the Revised Code, the tax	117969
commissioner shall release to the department the home address and	117970
social security number of any recipient of assistance whose	117971
overpayment may be collected from a refund of state income taxes	117972
under those sections.	117973

(C) In the case of a joint income tax return for two people	117974
who were not married to each other at the time one of them	117975
received an overpayment of assistance, only the portion of a	117976
refund that is due to the recipient of the overpayment shall be	117977
available for collection of the overpayment under this section and	117978
section 5101.184 of the Revised Code. The tax commissioner shall	117979
determine such portion. A recipient's spouse who objects to the	117980
portion as determined by the commissioner may file a complaint	117981
with the commissioner within twenty-one days after receiving	117982
notice of the collection, and the commissioner shall afford the	117983
spouse an opportunity to be heard on the complaint. The	117984
commissioner shall waive or extend the twenty-one-day period if	117985
the recipient's spouse establishes that such action is necessary	117986
to avoid unjust, unfair, or unreasonable results. After the	117987
hearing, the commissioner shall make a final determination of the	117988
portion of the refund available for collection of the overpayment.	117989

(D) The welfare overpayment intercept fund is hereby created	117990
in the state treasury. The tax commissioner shall deposit amounts	117991
collected from income tax refunds under this section to the credit	117992
of the welfare overpayment intercept fund. The director of job and	117993
family services shall distribute money in the fund in accordance	117994
with appropriate federal or state laws and procedures regarding	117995
collection of welfare overpayments.	117996

Sec. 5747.13. (A) If any employer collects the tax imposed	117997
by section 5747.02 or under Chapter 5748. of the Revised Code and	117998
fails to remit the tax as required by law, or fails to collect the	117999
tax, the employer is personally liable for any amount collected	118000
that the employer fails to remit, or any amount that the employer	118001
fails to collect. If any taxpayer fails to file a return or fails	118002
to pay the tax imposed by section 5747.02 or under Chapter 5748.	118003
of the Revised Code, the taxpayer is personally liable for the	118004
amount of the tax.	118005

If any employer, taxpayer, or qualifying entity required to	118006
file a return under this chapter fails to file the return within	118007
the time prescribed, files an incorrect return, fails to remit the	118008
full amount of the taxes due for the period covered by the return,	118009
or fails to remit any additional tax due as a result of a	118010
reduction in the amount of the credit allowed under division (B)	118011
of section 5747.05 of the Revised Code together with interest on	118012
the additional tax within the time prescribed by that division,	118013
the tax commissioner may make an assessment against any person	118014
liable for any deficiency for the period for which the return is	118015
or taxes are due, based upon any information in the commissioner's	118016
possession.	118017

An assessment issued against either the employer or the	118018
taxpayer pursuant to this section shall not be considered an	118019
election of remedies or a bar to an assessment against the other	118020
for failure to report or pay the same tax. No assessment shall be	118021
issued against any person if the tax actually has been paid by	118022
another.	118023

No assessment shall be made or issued against an employer,	118024
taxpayer, or qualifying entity more than four years after the	118025
final date the return subject to assessment was required to be	118026
filed or the date the return was filed, whichever is later.	118027
However, the commissioner may assess any balance due as the result	118028
of a reduction in the credit allowed under division (B) of section	118029
5747.05 of the Revised Code, including applicable penalty and	118030
interest, within four years of the date on which the taxpayer	118031
reports a change in either the portion of the taxpayer's adjusted	118032
gross income subjected to an income tax or tax measured by income	118033
in another state or the District of Columbia, or the amount of	118034
liability for an income tax or tax measured by income to another	118035
state or the District of Columbia, as required by division (B)(3)	118036
of section 5747.05 of the Revised Code. Such time limits may be	118037
extended if both the employer, taxpayer, or qualifying entity and	118038
the commissioner consent in writing to the extension or if an	118039
agreement waiving or extending the time limits has been entered	118040
into pursuant to section 122.171 of the Revised Code. Any such	118041
extension shall extend the four-year time limit in division (B) of	118042
section 5747.11 of the Revised Code for the same period of time.	118043
There shall be no bar or limit to an assessment against an	118044
employer for taxes withheld from employees and not remitted to the	118045
state, against an employer, taxpayer, or qualifying entity that	118046
fails to file a return subject to assessment as required by this	118047
chapter, or against an employer, taxpayer, or qualifying entity	118048
that files a fraudulent return.	118049

The commissioner shall give the party assessed written notice	118050
of the assessment in the manner provided in section 5703.37 of the	118051
Revised Code. With the notice, the commissioner shall provide	118052
instructions on how to petition for reassessment and request a	118053
hearing on the petition.	118054

(B) Unless the party assessed files with the tax commissioner	118055
within sixty days after service of the notice of assessment,	118056
either personally or by certified mail, a written petition for	118057
reassessment, signed by the party assessed or that party's	118058
authorized agent having knowledge of the facts, the assessment	118059
becomes final, and the amount of the assessment is due and payable	118060
from the party assessed to the commissioner with remittance made	118061
payable to the treasurer of state. The petition shall indicate the	118062
objections of the party assessed, but additional objections may be	118063
raised in writing if received by the commissioner prior to the	118064
date shown on the final determination. If the petition has been	118065
properly filed, the commissioner shall proceed under section	118066
5703.60 of the Revised Code.	118067

(C) After an assessment becomes final, if any portion of the	118068
assessment remains unpaid, including accrued interest, a certified	118069
copy of the tax commissioner's entry making the assessment final	118070
may be filed in the office of the clerk of the court of common	118071
pleas in the county in which the employer's, taxpayer's, or	118072
qualifying entity's place of business is located or the county in	118073
which the party assessed resides. If the party assessed is not a	118074
resident of this state, the certified copy of the entry may be	118075
filed in the office of the clerk of the court of common pleas of	118076
Franklin county.	118077

Immediately upon the filing of the entry, the clerk shall	118078
enter a judgment against the party assessed in the amount shown on	118079
the entry. The judgment shall be filed by the clerk in one of two	118080
loose-leaf books, one entitled "special judgments for state and	118081
school district income taxes," and the other entitled "special	118082
judgments for qualifying entity taxes." The judgment shall have	118083
the same effect as other judgments. Execution shall issue upon the	118084
judgment upon the request of the tax commissioner, and all laws	118085
applicable to sales on execution shall apply to sales made under	118086
the judgment.	118087

~~The portion of~~If the assessment is not paid in its entirety	118088
within sixty days after the assessment was issued, the portion of	118089
the assessment consisting of tax due shall bear interest at the	118090
rate per annum prescribed by section 5703.47 of the Revised Code	118091
from the day the tax commissioner issues the assessment until it	118092
is paid or until it is certified to the attorney general for	118093
collection under section 131.02 of the Revised Code, whichever	118094
comes first. If the unpaid portion of the assessment is certified	118095
to the attorney general for collection, the entire unpaid portion	118096
of the assessment shall bear interest at the rate per annum	118097
prescribed by section 5703.47 of the Revised Code from the date of	118098
certification until the date it is paid in its entirety. Interest	118099
shall be paid in the same manner as the tax and may be collected	118100
by the issuance of an assessment under this section.	118101

(D) All money collected under this section shall be	118102
considered as revenue arising from the taxes imposed by this	118103
chapter or Chapter 5733. or 5748. of the Revised Code, as	118104
appropriate.	118105

(E) If the party assessed files a petition for reassessment	118106
under division (B) of this section, the person, on or before the	118107
last day the petition may be filed, shall pay the assessed amount,	118108
including assessed interest and assessed penalties, if any of the	118109
following conditions exists:	118110

(1) The person files a tax return reporting Ohio adjusted	118111
gross income, less the exemptions allowed by section 5747.025 of	118112
the Revised Code, in an amount less than one cent, and the	118113
reported amount is not based on the computations required under	118114
division (A) of section 5747.01 or section 5747.025 of the Revised	118115
Code.	118116

(2) The person files a tax return that the tax commissioner	118117
determines to be incomplete, false, fraudulent, or frivolous.	118118

(3) The person fails to file a tax return, and the basis for	118119
this failure is not either of the following:	118120

(a) An assertion that the person has no nexus with this	118121
state;	118122

(b) The computations required under division (A) of section	118123
5747.01 of the Revised Code or the application of credits allowed	118124
under this chapter has the result that the person's tax liability	118125
is less than one dollar and one cent.	118126

(F) Notwithstanding the fact that a petition for reassessment	118127
is pending, the petitioner may pay all or a portion of the	118128
assessment that is the subject of the petition. The acceptance of	118129
a payment by the treasurer of state does not prejudice any claim	118130
for refund upon final determination of the petition.	118131

If upon final determination of the petition an error in the	118132
assessment is corrected by the tax commissioner, upon petition so	118133
filed or pursuant to a decision of the board of tax appeals or any	118134
court to which the determination or decision has been appealed, so	118135
that the amount due from the party assessed under the corrected	118136
assessment is less than the portion paid, there shall be issued to	118137
the petitioner or to the petitioner's assigns or legal	118138
representative a refund in the amount of the overpayment as	118139
provided by section 5747.11 of the Revised Code, with interest on	118140
that amount as provided by such section, subject to section	118141
5747.12 of the Revised Code.	118142

Sec. 5747.21. (A) This section applies solely for the	118143
purposes of computing the credit allowed under division (A) of	118144
section 5747.05 of the Revised Code, computing income taxable in	118145
this state under division (D) of section 5747.08 of the Revised	118146
Code, and computing the credit allowed under section 5747.057 of	118147
the Revised Code.	118148

(B) Except as otherwise provided under ~~sections 5747.211 and~~	118149
section 5747.212 of the Revised Code, all items of business income	118150
and business deduction shall be apportioned to this state by	118151
multiplying the adjusted gross income by the fraction calculated	118152
under division (B)(2) of section 5733.05 and section 5733.057 of	118153
the Revised Code as if the taxpayer's business were a corporation	118154
subject to the tax imposed by section 5733.06 of the Revised Code.	118155

(C) If the allocation and apportionment provisions of	118156
sections 5747.20 to 5747.23 of the Revised Code or of any rule	118157
adopted by the tax commissioner, do not fairly represent the	118158
extent of business activity in this state of a taxpayer or	118159
pass-through entity, the taxpayer or pass-through entity may	118160
request, which request must be in writing accompanying ~~the~~a	118161
timely filed return or timely filed amended return, or the tax	118162
commissioner may require, in respect of all or any part of the	118163
business activity, if reasonable, any one or more of the	118164
following:	118165

(1) Separate accounting;

118166

(2) The exclusion of one or more factors;

118167

(3) The inclusion of one or more additional factors which	118168
will fairly represent the business activity in this state;	118169

(4) The employment of any other method to effectuate an	118170
equitable allocation and apportionment of such business in this	118171
state. An alternative method will be effective only with approval	118172
of the tax commissioner.	118173

The tax commissioner may adopt rules in the manner provided	118174
by sections 5703.14 and 5747.18 of the Revised Code providing for	118175
alternative methods of calculating business income and nonbusiness	118176
income applicable to all taxpayers and pass-through entities, to	118177
classes of taxpayers and pass-through entities, or only to	118178
taxpayers and pass-through entities within a certain industry.	118179

Sec. 5747.47. (A)(1) By the ~~twentieth~~twenty-fifth day of	118180
July of each year, the tax commissioner shall estimate and certify	118181
the following for each county to its county auditor:	118182

(a) Its guaranteed share of the ensuing year's fund balance;

118183

(b) Its share of the excess of the ensuing year's fund	118184
balance;	118185

118186

(2) In December and in June following such estimations and	118187
certifications, the commissioner shall revise such estimates and	118188
certify such revised estimates to the respective county auditors.	118189

(B) By the tenth day of each month the commissioner shall	118190
distribute the amount credited to the public library fund in the	118191
current month under section 131.51 of the Revised Code. The	118192
distributions shall be made as follows:	118193

(1) During the first six months of each year, each county	118194
shall be paid a percentage of the balance that is the same per	118195
cent that the revised estimate of the county's total entitlement	118196
certified in December under division (A)(2) of this section is of	118197
the sum of such revised estimates of the total entitlements for	118198
all counties.	118199

(2) During the last six months, each county shall be paid a	118200
percentage of the balance that is the same per cent that the	118201
revised estimate of the county's total entitlement certified in	118202
June under division (A)(2) of this section is of the sum of such	118203
revised estimates of the total entitlements for all counties.	118204

(3) During each of the first six months of each year, the	118205
payments made to each county shall be adjusted as follows:	118206

(a) If the county received an overpayment during the	118207
preceding distribution year, reduce the sum of the payments by the	118208
amount of such overpayment. The reduction shall be apportioned	118209
over the six months.	118210

(b) If the county received an underpayment during the	118211
preceding distribution year, increase the sum of the payments by	118212
the amount of such underpayment. The increase shall be apportioned	118213
over the six months.	118214

(C) By the twentieth day of December of each year, the tax	118215
commissioner shall determine and certify to the auditor of each	118216
county each of the following with respect to the current	118217
distribution year:	118218

(1) The year's fund balance;

118219

(2) Each county's guaranteed share;

118220

(3) Each county's share of the excess;

118221

(4) Each county's total entitlement;

118222

(5) Each county's net distribution;

118223

(6) The amount by which each county's net distribution	118224
exceeded or was less than its total entitlement, which amount	118225
shall constitute the county's overpayment or underpayment for	118226
purposes of division (B)(3) of this section in the ensuing	118227
distribution year.	118228

Sec. 5747.501. (A) On or before the twenty-fifth day of July	118229
of each year, the tax commissioner shall estimate and certify to	118230
each county auditor the amount to be distributed from the local	118231
government fund to each undivided local government fund during the	118232
following calendar year under section 5747.50 of the Revised Code.	118233
The estimate shall equal the sum of the separate amounts computed	118234
under divisions (B)(1) and (2) of this section.	118235

(B)(1) The product obtained by multiplying the percentage	118236
described in division (B)(1)(a) of this section by the amount	118237
described in division (B)(1)(b) of this section.	118238

(a) Each county's proportionate share of the total amount	118239
distributed to the counties from the local government fund and the	118240
local government revenue assistance fund during calendar year	118241
2007. In fiscal year 2014 and thereafter, the amount distributed	118242
to any county undivided local government fund shall be an amount	118243
not less than seven hundred fifty thousand dollars or the amount	118244
distributed to such fund in fiscal year 2013, whichever amount is	118245
smaller. To the extent necessary to implement this minimum	118246
distribution requirement, the proportionate shares computed under	118247
this division shall be adjusted accordingly.	118248

(b) The total amount distributed to counties from the local	118249
government fund and the local government revenue assistance fund	118250
during calendar year 2007 adjusted downward if, and to the extent	118251
that, total local government fund distributions to counties for	118252
the following year are projected to be less than what was	118253
distributed to counties from the local government fund and local	118254
government revenue assistance fund during calendar year 2007.	118255

(2) The product obtained by multiplying the percentage	118256
described in division (B)(2)(a) of this section by the amount	118257
described in division (B)(2)(b) of this section.	118258

(a) Each county's proportionate share of the state's	118259
population as reflected in the most recent federal decennial	118260
census or the federal government's most recent census estimates,	118261
whichever represents the most recent year.	118262

(b) The amount by which total estimated distributions from	118263
the local government fund during the immediately succeeding	118264
calendar year, less the total estimated amount to be distributed	118265
from the fund to municipal corporations under division (C) of	118266
section 5747.50 of the Revised Code during the immediately	118267
succeeding calendar year, exceed the total amount distributed to	118268
counties from the local government fund and local government	118269
revenue assistance fund during calendar year 2007.	118270

Sec. 5747.76. (A) As used in this section, "certificate	118271
owner" has the same meaning as in section 149.311 of the Revised	118272
Code.	118273

(B) There is allowed a credit against the tax imposed under	118274
section 5747.02 of the Revised Code for a taxpayer that is the	118275
certificate owner of a rehabilitation tax credit certificate	118276
issued under section 149.311 of the Revised Code. The credit shall	118277
equal twenty-five per cent of the dollar amount indicated on the	118278
certificate, but the amount of credit allowed for any taxpayer	118279
shall not exceed ~~five~~ten million dollars. The credit shall be	118280
claimed for the taxable year specified in the certificate and in	118281
the order required under section 5747.98 of the Revised Code.	118282

(C) Nothing in this section limits or disallows pass-through	118283
treatment of the credit if the certificate owner is a pass-through	118284
entity. If the certificate owner is a pass-through entity, the	118285
amount of the credit allowed for the pass-through entity shall not	118286
exceed five million dollars. If the certificate owner is a	118287
pass-through entity, the credit may be allocated among the	118288
entity's equity owners in proportion to their ownership interests	118289
or in such proportions or amounts as the equity owners mutually	118290
agree.	118291

(D) If the credit allowed for any taxable year exceeds the	118292
tax otherwise due under section 5747.02 of the Revised Code, after	118293
allowing for any other credits preceding the credit in the order	118294
prescribed by section 5747.98 of the Revised Code, the excess	118295
shall be refunded to the taxpayer but, if any amount of the credit	118296
is refunded, the sum of the amount refunded and the amount applied	118297
to reduce the tax otherwise due for that year shall not exceed	118298
three million dollars or, if the certificate owner is a	118299
pass-through entity, shall not exceed the taxpayer's distributive	118300
or proportionate share, as allocated under division (C) of this	118301
section, of three million dollars. The taxpayer may carry forward	118302
any balance of the credit in excess of the amount claimed for that	118303
year for not more than five ensuing taxable years, and shall	118304
deduct any amount claimed for any such year from the amount	118305
claimed in an ensuing year.	118306

(E) A taxpayer claiming a credit under this section shall	118307
retain the rehabilitation tax credit certificate for four years	118308
following the end of the taxable year to which the credit was	118309
applied, and shall make the certificate available for inspection	118310
by the tax commissioner upon the request of the tax commissioner	118311
during that period.	118312

Sec. 5747.98. (A) To provide a uniform procedure for	118313
calculating the amount of tax due under section 5747.02 of the	118314
Revised Code, a taxpayer shall claim any credits to which the	118315
taxpayer is entitled in the following order:	118316

(1) The retirement income credit under division (B) of	118317
section 5747.055 of the Revised Code;	118318

(2) The senior citizen credit under division (C) of section	118319
5747.05 of the Revised Code;	118320

(3) The lump sum distribution credit under division (D) of	118321
section 5747.05 of the Revised Code;	118322

(4) The dependent care credit under section 5747.054 of the	118323
Revised Code;	118324

(5) The lump sum retirement income credit under division (C)	118325
of section 5747.055 of the Revised Code;	118326

(6) The lump sum retirement income credit under division (D)	118327
of section 5747.055 of the Revised Code;	118328

(7) The lump sum retirement income credit under division (E)	118329
of section 5747.055 of the Revised Code;	118330

(8) The low-income credit under section 5747.056 of the	118331
Revised Code;	118332

(9) The credit for displaced workers who pay for job training	118333
under section 5747.27 of the Revised Code;	118334

(10) The campaign contribution credit under section 5747.29	118335
of the Revised Code;	118336

(11) The twenty-dollar personal exemption credit under	118337
section 5747.022 of the Revised Code;	118338

(12) The joint filing credit under division (G) of section	118339
5747.05 of the Revised Code;	118340

(13) The nonresident credit under division (A) of section	118341
5747.05 of the Revised Code;	118342

(14) The credit for a resident's out-of-state income under	118343
division (B) of section 5747.05 of the Revised Code;	118344

(15) The credit for employers that enter into agreements with	118345
child day-care centers under section 5747.34 of the Revised Code;	118346

(16) The credit for employers that reimburse employee child	118347
care expenses under section 5747.36 of the Revised Code;	118348

(17) The credit for adoption of a minor child under section	118349
5747.37 of the Revised Code;	118350

(18) The credit for purchases of lights and reflectors under	118351
section 5747.38 of the Revised Code;	118352

(19) The nonrefundable job retention credit under division	118353
(B) of section 5747.058 of the Revised Code;	118354

(20) The credit for selling alternative fuel under section	118355
5747.77 of the Revised Code;	118356

(21) The second credit for purchases of new manufacturing	118357
machinery and equipment and the credit for using Ohio coal under	118358
section 5747.31 of the Revised Code;	118359

(22) The job training credit under section 5747.39 of the	118360
Revised Code;	118361

(23) The enterprise zone credit under section 5709.66 of the	118362
Revised Code;	118363

(24) The credit for the eligible costs associated with a	118364
voluntary action under section 5747.32 of the Revised Code;	118365

(25) The credit for employers that establish on-site child	118366
day-care centers under section 5747.35 of the Revised Code;	118367

(26) The ethanol plant investment credit under section	118368
5747.75 of the Revised Code;	118369

(27) The credit for purchases of qualifying grape production	118370
property under section 5747.28 of the Revised Code;	118371

(28) The small business investment credit under section	118372
5747.81 of the Revised Code;	118373

(29) ~~The credit for research and development and technology~~	118374
~~transfer investors under section 5747.33 of the Revised Code;~~	118375

~~(30)~~ The enterprise zone credits under section 5709.65 of the	118376
Revised Code;	118377

~~(31)~~(30) The research and development credit under section	118378
5747.331 of the Revised Code;	118379

~~(32)~~(31) The credit for rehabilitating a historic building	118380
under section 5747.76 of the Revised Code;	118381

~~(33)~~(32) The refundable credit for rehabilitating a historic	118382
building under section 5747.76 of the Revised Code;	118383

~~(34)~~(33) The refundable jobs creation credit or job retention	118384
credit under division (A) of section 5747.058 of the Revised Code;	118385

~~(35)~~(34) The refundable credit for taxes paid by a qualifying	118386
entity granted under section 5747.059 of the Revised Code;	118387

~~(36)~~(35) The refundable credits for taxes paid by a	118388
qualifying pass-through entity granted under division (J) of	118389
section 5747.08 of the Revised Code;	118390

~~(37)~~(36) The refundable credit under section 5747.80 of the	118391
Revised Code for losses on loans made to the Ohio venture capital	118392
program under sections 150.01 to 150.10 of the Revised Code;	118393

~~(38)~~(37) The refundable motion picture production credit	118394
under section 5747.66 of the Revised Code.	118395

~~(39)~~(38) The refundable credit for financial institution	118396
taxes paid by a pass-through entity granted under section 5747.65	118397
of the Revised Code.	118398

(B) For any credit, except the refundable credits enumerated	118399
in this section and the credit granted under division (I) of	118400
section 5747.08 of the Revised Code, the amount of the credit for	118401
a taxable year shall not exceed the tax due after allowing for any	118402
other credit that precedes it in the order required under this	118403
section. Any excess amount of a particular credit may be carried	118404
forward if authorized under the section creating that credit.	118405
Nothing in this chapter shall be construed to allow a taxpayer to	118406
claim, directly or indirectly, a credit more than once for a	118407
taxable year.	118408

Sec. 5749.02. (A) For the purpose of providing revenue to	118409
administer the state's coal mining and reclamation regulatory	118410
program, to meet the environmental and resource management needs	118411
of this state, and to reclaim land affected by mining, an excise	118412
tax is hereby levied on the privilege of engaging in the severance	118413
of natural resources from the soil or water of this state. The tax	118414
shall be imposed upon the severer ~~and shall be~~at the rates	118415
prescribed by divisions (A)(1) to (9) of this section:	118416

(1) Ten cents per ton of coal;

118417

(2) Four cents per ton of salt;

118418

(3) Two cents per ton of limestone or dolomite;

118419

(4) Two cents per ton of sand and gravel;

118420

(5) Ten cents per barrel of oil;

118421

(6) Two and one-half cents per thousand cubic feet of natural	118422
gas;	118423

(7) One cent per ton of clay, sandstone or conglomerate,	118424
shale, gypsum, or quartzite;	118425

(8) Except as otherwise provided in this division or in rules	118426
adopted by the reclamation forfeiture fund advisory board under	118427
section 1513.182 of the Revised Code, an additional fourteen cents	118428
per ton of coal produced from an area under a coal mining and	118429
reclamation permit issued under Chapter 1513. of the Revised Code	118430
for which the performance security is provided under division	118431
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	118432
2007, if at the end of a fiscal biennium the balance of the	118433
reclamation forfeiture fund created in section 1513.18 of the	118434
Revised Code is equal to or greater than ten million dollars, the	118435
rate levied shall be twelve cents per ton. Beginning July 1, 2007,	118436
if at the end of a fiscal biennium the balance of the fund is at	118437
least five million dollars, but less than ten million dollars, the	118438
rate levied shall be fourteen cents per ton. Beginning July 1,	118439
2007, if at the end of a fiscal biennium the balance of the fund	118440
is less than five million dollars, the rate levied shall be	118441
sixteen cents per ton. Beginning July 1, 2009, not later than	118442
thirty days after the close of a fiscal biennium, the chief of the	118443
division of mineral resources management shall certify to the tax	118444
commissioner the amount of the balance of the reclamation	118445
forfeiture fund as of the close of the fiscal biennium. Any	118446
necessary adjustment of the rate levied shall take effect on the	118447
first day of the following January and shall remain in effect	118448
during the calendar biennium that begins on that date.	118449

(9) An additional one and two-tenths cents per ton of coal	118450
mined by surface mining methods.	118451

(B) OfAfter the director of budget and management transfers	118452
money from the severance tax receipts fund as required in division	118453
(H) of section 5749.06 of the Revised Code, money remaining in the	118454
severance tax receipts fund, except for money in the fund from the	118455
amounts due under section 1509.50 of the Revised Code, shall be	118456
credited as follows:	118457

(1) Of the moneys ~~received by the treasurer of state~~in the	118458
fund from the tax levied in division (A)(1) of this section, four	118459
and seventy-six-hundredths per cent shall be credited to the	118460
geological mapping fund created in section 1505.09 of the Revised	118461
Code, eighty and ninety-five-hundredths per cent shall be credited	118462
to the coal mining administration and reclamation reserve fund	118463
created in section 1513.181 of the Revised Code, and fourteen and	118464
twenty-nine-hundredths per cent shall be credited to the	118465
unreclaimed lands fund created in section 1513.30 of the Revised	118466
Code.	118467

(2) The money ~~received by the treasurer of state~~in the fund	118468
from the tax levied in division (A)(2) of this section shall be	118469
credited to the geological mapping fund.	118470

(3) Of the moneys ~~received by the treasurer of state~~in the	118471
fund from the tax levied in divisions (A)(3) and (4) of this	118472
section, seven and five-tenths per cent shall be credited to the	118473
geological mapping fund, forty-two and five-tenths per cent shall	118474
be credited to the unreclaimed lands fund, and the remainder shall	118475
be credited to the surface mining fund created in section 1514.06	118476
of the Revised Code.	118477

(4) Of the moneys ~~received by the treasurer of state~~in the	118478
fund from the tax levied in divisions (A)(5) and (6) of this	118479
section, ninety per cent shall be credited to the oil and gas well	118480
fund created in section 1509.02 of the Revised Code and ten per	118481
cent shall be credited to the geological mapping fund. All of the	118482
moneys ~~received by the treasurer of state~~in the fund from the	118483
tax levied in division (A)(7) of this section shall be credited to	118484
the surface mining fund.	118485

(5) All of the moneys ~~received by the treasurer of state~~in	118486
the fund from the tax levied in division (A)(8) of this section	118487
shall be credited to the reclamation forfeiture fund.	118488

(6) All of the moneys ~~received by the treasurer of state~~in	118489
the fund from the tax levied in division (A)(9) of this section	118490
shall be credited to the unreclaimed lands fund.	118491

(C) When, at the close of any fiscal year, the chief finds	118492
that the balance of the reclamation forfeiture fund, plus	118493
estimated transfers to it from the coal mining administration and	118494
reclamation reserve fund under section 1513.181 of the Revised	118495
Code, plus the estimated revenues from the tax levied by division	118496
(A)(8) of this section for the remainder of the calendar year that	118497
includes the close of the fiscal year, are sufficient to complete	118498
the reclamation of all lands for which the performance security	118499
has been provided under division (C)(2) of section 1513.08 of the	118500
Revised Code, the purposes for which the tax under division (A)(8)	118501
of this section is levied shall be deemed accomplished at the end	118502
of that calendar year. The chief, within thirty days after the	118503
close of the fiscal year, shall certify those findings to the tax	118504
commissioner, and the tax levied under division (A)(8) of this	118505
section shall cease to be imposed for the subsequent calendar year	118506
after the last day of that calendar year on coal produced under a	118507
coal mining and reclamation permit issued under Chapter 1513. of	118508
the Revised Code if the permittee has made tax payments under	118509
division (A)(8) of this section during each of the preceding five	118510
full calendar years. Not later than thirty days after the close of	118511
a fiscal year, the chief shall certify to the tax commissioner the	118512
identity of any permittees who accordingly no longer are required	118513
to pay the tax levied under division (A)(8) of this section for	118514
the subsequent calendar year.	118515

Sec. 5749.06. (A)(1) Each severer liable for the tax imposed	118516
by section 5749.02 of the Revised Code and each severer or owner	118517
liable for the amounts due under section 1509.50 of the Revised	118518
Code shall make and file returns with the tax commissioner in the	118519
prescribed form and as of the prescribed times, computing and	118520
reflecting therein the tax as required by this chapter and amounts	118521
due under section 1509.50 of the Revised Code.	118522

(2) The returns shall be filed for every quarterly period,	118523
which periods shall end on the thirty-first day of March, the	118524
thirtieth day of June, the thirtieth day of September, and the	118525
thirty-first day of December of each year, as required by this	118526
section, unless a different return period is prescribed for a	118527
taxpayer by the commissioner.	118528

(B)(1) A separate return shall be filed for each calendar	118529
quarterly period, or other period, or any part thereof, during	118530
which the severer holds a license as provided by section 5749.04	118531
of the Revised Code, or is required to hold the license, or during	118532
which an owner is required to file a return~~, and the~~. The return	118533
shall be filed within forty-five days after the last day of each	118534
such calendar month, or other period, or any part thereof, for	118535
which the return is required ~~and shall include remittance payable~~	118536
~~to the treasurer of state of the amount of~~. The tax due is payable	118537
along with the return. All such returns shall contain such	118538
information as the commissioner may require to fairly administer	118539
the tax.	118540

(2) All returns shall be signed by the severer or owner, as	118541
applicable, shall contain the full and complete information	118542
requested, and shall be made under penalty of perjury.	118543

(C) If the commissioner believes that quarterly payments of	118544
tax would result in a delay that might jeopardize the collection	118545
of such tax payments, the commissioner may order that such	118546
payments be made weekly, or more frequently if necessary, such	118547
payments to be made not later than seven days following the close	118548
of the period for which the jeopardy payment is required. Such an	118549
order shall be delivered to the taxpayer personally or by	118550
certified mail and shall remain in effect until the commissioner	118551
notifies the taxpayer to the contrary.	118552

(D) Upon good cause the commissioner may extend for thirty	118553
days the period for filing any notice or return required to be	118554
filed under this section, and may remit all or a part of penalties	118555
that may become due under this chapter.	118556

(E) Any tax and any amount due under section 1509.50 of the	118557
Revised Code not paid by the day the tax or amount is due shall	118558
bear interest computed at the rate per annum prescribed by section	118559
5703.47 of the Revised Code on that amount due from the day that	118560
the amount was originally required to be paid to the day of actual	118561
payment or to the day an assessment was issued under section	118562
5749.07 or 5749.10 of the Revised Code, whichever occurs first.	118563

(F) ~~The severer shall make all payments payable to the~~	118564
~~treasurer of state. Except for the amounts due under section~~	118565
~~1509.50 of the Revised Code, all~~A severer or owner, as	118566
applicable, that fails to file a complete return or pay the full	118567
amount due under this chapter within the time prescribed,	118568
including any extensions of time granted by the commissioner,	118569
shall be subject to a penalty not to exceed the greater of fifty	118570
dollars or ten per cent of the amount due for the period.	118571

(G)(1) A severer or owner, as applicable, shall remit	118572
payments electronically and, if required by the commissioner, file	118573
each return electronically. The commissioner may require that the	118574
severer or owner use the Ohio business gateway, as defined in	118575
section 718.051 of the Revised Code, or another electronic means	118576
to file returns and remit payments electronically.	118577

(2) A severer or owner that is required to remit payments	118578
electronically under this section may apply to the commissioner,	118579
in the manner prescribed by the commissioner, to be excused from	118580
that requirement. The commissioner may excuse a severer or owner	118581
from the requirements of division (G) of this section for good	118582
cause.	118583

(3) If a severer or owner that is required to remit payments	118584
or file returns electronically under this section fails to do so,	118585
the commissioner may impose a penalty on the severer or owner not	118586
to exceed the following:	118587

(a) For the first or second payment or return the severer or	118588
owner fails to remit or file electronically, the greater of five	118589
per cent of the amount of the payment that was required to be	118590
remitted or twenty-five dollars;	118591

(b) For every payment or return after the second that the	118592
severer or owner fails to remit or file electronically, the	118593
greater of ten per cent of the amount of the payment that was	118594
required to be remitted or fifty dollars.	118595

(H)(1) All amounts that the ~~tax~~ commissioner receives under	118596
this section shall be deemed to be revenue from taxes imposed	118597
under this chapter~~. The commissioner shall immediately forward to~~	118598
~~the treasurer of state all amounts received under this section~~or	118599
from the amount due under section 1509.50 of the Revised Code, as	118600
applicable, and shall be deposited in the severance tax receipts	118601
fund, which is hereby created in the state treasury.	118602

(2) The director of budget and management shall transfer from	118603
the severance tax receipts fund to the tax refund fund amounts	118604
equal to the refunds certified by the commissioner under section	118605
5749.08 of the Revised Code. Any amount transferred under division	118606
(H)(2) of this section shall be derived from receipts of the same	118607
tax or other amount from which the refund arose.	118608

(3) After the director of budget and management makes any	118609
transfer required by division (H)(2) of this section, but not	118610
later than the fifteenth day of the month following the end of	118611
each calendar quarter, the commissioner shall certify to the	118612
director the total amount remaining in the severance tax receipts	118613
fund organized according to the amount attributable to each	118614
natural resource and according to the amount attributable to a tax	118615
imposed by this chapter and the amounts due under section 1509.50	118616
of the Revised Code.	118617

(I) Penalties imposed under this section are in addition to	118618
any other penalty imposed under this chapter and shall be	118619
considered as revenue arising from the tax levied under this	118620
chapter or the amount due under section 1509.50 of the Revised	118621
Code, as applicable. The commissioner may collect any penalty or	118622
interest imposed under this section in the same manner as provided	118623
for the making of an assessment in section 5749.07 of the Revised	118624
Code. The commissioner may abate all or a portion of such interest	118625
or penalties and may adopt rules governing such abatements.	118626

Sec. 5749.07. (A) If any severer required by this chapter to	118627
make and file returns and pay the tax levied by section 5749.02 of	118628
the Revised Code, or any severer or owner liable for the amounts	118629
due under section 1509.50 of the Revised Code, fails to make such	118630
return or pay such tax or amounts, the tax commissioner may make	118631
an assessment against the severer or owner based upon any	118632
information in the commissioner's possession.	118633

No assessment shall be made or issued against any severer for	118634
any tax imposed by section 5749.02 of the Revised Code or against	118635
any severer or owner for any amount due under section 1509.50 of	118636
the Revised Code more than four years after the return was due or	118637
was filed, whichever is later. This section does not bar an	118638
assessment against a severer or owner who fails to file a return	118639
as required by this chapter, or who files a fraudulent return.	118640

The commissioner shall give the party assessed written notice	118641
of such assessment in the manner provided in section 5703.37 of	118642
the Revised Code. With the notice, the commissioner shall provide	118643
instructions on how to petition for reassessment and request a	118644
hearing on the petition.	118645

(B) Unless the party assessed files with the commissioner	118646
within sixty days after service of the notice of assessment,	118647
either personally or by certified mail, a written petition for	118648
reassessment signed by the party assessed or that party's	118649
authorized agent having knowledge of the facts, the assessment	118650
becomes final and the amount of the assessment is due and payable	118651
from the party assessed to the treasurer of state. The petition	118652
shall indicate the objections of the party assessed, but	118653
additional objections may be raised in writing if received by the	118654
commissioner prior to the date shown on the final determination.	118655
If the petition has been properly filed, the commissioner shall	118656
proceed under section 5703.60 of the Revised Code.	118657

(C) After an assessment becomes final, if any portion of the	118658
assessment remains unpaid, including accrued interest, a certified	118659
copy of the commissioner's entry making the assessment final may	118660
be filed in the office of the clerk of the court of common pleas	118661
in the county in which the party assessed resides or in which the	118662
party's business is conducted. If the party assessed maintains no	118663
place of business in this state and is not a resident of this	118664
state, the certified copy of the entry may be filed in the office	118665
of the clerk of the court of common pleas of Franklin county.	118666

Immediately upon the filing of such entry, the clerk shall	118667
enter a judgment for the state against the party assessed in the	118668
amount shown on the entry. The judgment may be filed by the clerk	118669
in a loose-leaf book entitled "special judgments for state	118670
severance tax," and shall have the same effect as other judgments.	118671
Execution shall issue upon the judgment upon the request of the	118672
commissioner, and all laws applicable to sales on execution shall	118673
apply to sales made under the judgment.	118674

~~The portion of~~If the assessment is not paid in its entirety	118675
within sixty days after the day the assessment is issued, the	118676
portion of the assessment consisting of tax due or amounts due	118677
under section 1509.50 of the Revised Code shall bear interest at	118678
the rate per annum prescribed by section 5703.47 of the Revised	118679
Code from the day the commissioner issues the assessment until it	118680
is paid or until it is certified to the attorney general for	118681
collection under section 131.02 of the Revised Code, whichever	118682
comes first. If the unpaid portion of the assessment is certified	118683
to the attorney general for collection, the entire unpaid portion	118684
of the assessment shall bear interest at the rate per annum	118685
prescribed by section 5703.47 of the Revised Code from the date of	118686
certification until the date it is paid in its entirety. Interest	118687
shall be paid in the same manner as the tax and may be collected	118688
by the issuance of an assessment under this section.	118689

(D) All money collected by the commissioner under this	118690
section shall be paid to the treasurer of state, and when paid	118691
shall be considered as revenue arising from the tax imposed by	118692
section 5749.02 of the Revised Code and the amount due under	118693
section 1509.50 of the Revised Code, as applicable.	118694

Sec. 5749.17. ~~Any~~Except for purposes of enforcing Chapter	118695
1509. of the Revised Code, any information provided to the	118696
department of natural resources by the department of taxation in	118697
accordance with division (C)(12) of section 5703.21 of the Revised	118698
Code shall not be disclosed publicly by the department of natural	118699
resources~~, but~~. However the department of natural resources may	118700
provide such information to the attorney general for purposes of	118701
enforcement of ~~the law~~Chapter 1509. of the Revised Code.	118702

Sec. 5751.01. As used in this chapter:

118703

(A) "Person" means, but is not limited to, individuals,	118704
combinations of individuals of any form, receivers, assignees,	118705
trustees in bankruptcy, firms, companies, joint-stock companies,	118706
business trusts, estates, partnerships, limited liability	118707
partnerships, limited liability companies, associations, joint	118708
ventures, clubs, societies, for-profit corporations, S	118709
corporations, qualified subchapter S subsidiaries, qualified	118710
subchapter S trusts, trusts, entities that are disregarded for	118711
federal income tax purposes, and any other entities.	118712

(B) "Consolidated elected taxpayer" means a group of two or	118713
more persons treated as a single taxpayer for purposes of this	118714
chapter as the result of an election made under section 5751.011	118715
of the Revised Code.	118716

(C) "Combined taxpayer" means a group of two or more persons	118717
treated as a single taxpayer for purposes of this chapter under	118718
section 5751.012 of the Revised Code.	118719

(D) "Taxpayer" means any person, or any group of persons in	118720
the case of a consolidated elected taxpayer or combined taxpayer	118721
treated as one taxpayer, required to register or pay tax under	118722
this chapter. "Taxpayer" does not include excluded persons.	118723

(E) "Excluded person" means any of the following:

118724

(1) Any person with not more than one hundred fifty thousand	118725
dollars of taxable gross receipts during the calendar year.	118726
Division (E)(1) of this section does not apply to a person that is	118727
a member of a consolidated elected taxpayer;	118728

(2) A public utility that paid the excise tax imposed by	118729
section 5727.24 or 5727.30 of the Revised Code based on one or	118730
more measurement periods that include the entire tax period under	118731
this chapter, except that a public utility that is a combined	118732
company is a taxpayer with regard to the following gross receipts:	118733

(a) Taxable gross receipts directly attributed to a public	118734
utility activity, but not directly attributed to an activity that	118735
is subject to the excise tax imposed by section 5727.24 or 5727.30	118736
of the Revised Code;	118737

(b) Taxable gross receipts that cannot be directly attributed	118738
to any activity, multiplied by a fraction whose numerator is the	118739
taxable gross receipts described in division (E)(2)(a) of this	118740
section and whose denominator is the total taxable gross receipts	118741
that can be directly attributed to any activity;	118742

(c) Except for any differences resulting from the use of an	118743
accrual basis method of accounting for purposes of determining	118744
gross receipts under this chapter and the use of the cash basis	118745
method of accounting for purposes of determining gross receipts	118746
under section 5727.24 of the Revised Code, the gross receipts	118747
directly attributed to the activity of a natural gas company shall	118748
be determined in a manner consistent with division (D) of section	118749
5727.03 of the Revised Code.	118750

As used in division (E)(2) of this section, "combined	118751
company" and "public utility" have the same meanings as in section	118752
5727.01 of the Revised Code.	118753

(3) A financial institution, as defined in section 5726.01 of	118754
the Revised Code, that paid the tax imposed by section 5726.02 of	118755
the Revised Code based on one or more taxable years that include	118756
the entire tax period under this chapter;	118757

(4) A person directly or indirectly owned by one or more	118758
financial institutions, as defined in section 5726.01 of the	118759
Revised Code, that paid the tax imposed by section 5726.02 of the	118760
Revised Code based on one or more taxable years that include the	118761
entire tax period under this chapter.	118762

For the purposes of division (E)(4) of this section, a person	118763
owns another person under the following circumstances:	118764

(a) In the case of corporations issuing capital stock, one	118765
corporation owns another corporation if it owns fifty per cent or	118766
more of the other corporation's capital stock with current voting	118767
rights;	118768

(b) In the case of a limited liability company, one person	118769
owns the company if that person's membership interest, as defined	118770
in section 1705.01 of the Revised Code, is fifty per cent or more	118771
of the combined membership interests of all persons owning such	118772
interests in the company;	118773

(c) In the case of a partnership, trust, or other	118774
unincorporated business organization other than a limited	118775
liability company, one person owns the organization if, under the	118776
articles of organization or other instrument governing the affairs	118777
of the organization, that person has a beneficial interest in the	118778
organization's profits, surpluses, losses, or distributions of	118779
fifty per cent or more of the combined beneficial interests of all	118780
persons having such an interest in the organization.	118781

(5) A domestic insurance company or foreign insurance	118782
company, as defined in section 5725.01 of the Revised Code, that	118783
paid the insurance company premiums tax imposed by section 5725.18	118784
or Chapter 5729. of the Revised Code, or an unauthorized insurance	118785
company whose gross premiums are subject to tax under section	118786
3905.36 of the Revised Code based on one or more measurement	118787
periods that include the entire tax period under this chapter;	118788

(6) A person that solely facilitates or services one or more	118789
securitizations of phase-in-recovery property pursuant to a final	118790
financing order as those terms are defined in section 4928.23 of	118791
the Revised Code. For purposes of this division, "securitization"	118792
means transferring one or more assets to one or more persons and	118793
then issuing securities backed by the right to receive payment	118794
from the asset or assets so transferred.	118795

(7) Except as otherwise provided in this division, a	118796
pre-income tax trust as defined in division (FF)(4) of section	118797
5747.01 of the Revised Code and any pass-through entity of which	118798
such pre-income tax trust owns or controls, directly, indirectly,	118799
or constructively through related interests, more than five per	118800
cent of the ownership or equity interests. If the pre-income tax	118801
trust has made a qualifying pre-income tax trust election under	118802
division (FF)(3) of section 5747.01 of the Revised Code, then the	118803
trust and the pass-through entities of which it owns or controls,	118804
directly, indirectly, or constructively through related interests,	118805
more than five per cent of the ownership or equity interests,	118806
shall not be excluded persons for purposes of the tax imposed	118807
under section 5751.02 of the Revised Code.	118808

(8) Nonprofit organizations or the state and its agencies,	118809
instrumentalities, or political subdivisions.	118810

(F) Except as otherwise provided in divisions (F)(2), (3),	118811
and (4) of this section, "gross receipts" means the total amount	118812
realized by a person, without deduction for the cost of goods sold	118813
or other expenses incurred, that contributes to the production of	118814
gross income of the person, including the fair market value of any	118815
property and any services received, and any debt transferred or	118816
forgiven as consideration.	118817

(1) The following are examples of gross receipts:

118818

(a) Amounts realized from the sale, exchange, or other	118819
disposition of the taxpayer's property to or with another;	118820

(b) Amounts realized from the taxpayer's performance of	118821
services for another;	118822

(c) Amounts realized from another's use or possession of the	118823
taxpayer's property or capital;	118824

(d) Any combination of the foregoing amounts.

118825

(2) "Gross receipts" excludes the following amounts:

118826

(a) Interest income except interest on credit sales;

118827

(b) Dividends and distributions from corporations, and	118828
distributive or proportionate shares of receipts and income from a	118829
pass-through entity as defined under section 5733.04 of the	118830
Revised Code;	118831

(c) Receipts from the sale, exchange, or other disposition of	118832
an asset described in section 1221 or 1231 of the Internal Revenue	118833
Code, without regard to the length of time the person held the	118834
asset. Notwithstanding section 1221 of the Internal Revenue Code,	118835
receipts from hedging transactions also are excluded to the extent	118836
the transactions are entered into primarily to protect a financial	118837
position, such as managing the risk of exposure to (i) foreign	118838
currency fluctuations that affect assets, liabilities, profits,	118839
losses, equity, or investments in foreign operations; (ii)	118840
interest rate fluctuations; or (iii) commodity price fluctuations.	118841
As used in division (F)(2)(c) of this section, "hedging	118842
transaction" has the same meaning as used in section 1221 of the	118843
Internal Revenue Code and also includes transactions accorded	118844
hedge accounting treatment under statement of financial accounting	118845
standards number 133 of the financial accounting standards board.	118846
For the purposes of division (F)(2)(c) of this section, the actual	118847
transfer of title of real or tangible personal property to another	118848
entity is not a hedging transaction.	118849

(d) Proceeds received attributable to the repayment,	118850
maturity, or redemption of the principal of a loan, bond, mutual	118851
fund, certificate of deposit, or marketable instrument;	118852

(e) The principal amount received under a repurchase	118853
agreement or on account of any transaction properly characterized	118854
as a loan to the person;	118855

(f) Contributions received by a trust, plan, or other	118856
arrangement, any of which is described in section 501(a) of the	118857
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	118858
1, Subchapter (D) of the Internal Revenue Code applies;	118859

(g) Compensation, whether current or deferred, and whether in	118860
cash or in kind, received or to be received by an employee, former	118861
employee, or the employee's legal successor for services rendered	118862
to or for an employer, including reimbursements received by or for	118863
an individual for medical or education expenses, health insurance	118864
premiums, or employee expenses, or on account of a dependent care	118865
spending account, legal services plan, any cafeteria plan	118866
described in section 125 of the Internal Revenue Code, or any	118867
similar employee reimbursement;	118868

(h) Proceeds received from the issuance of the taxpayer's own	118869
stock, options, warrants, puts, or calls, or from the sale of the	118870
taxpayer's treasury stock;	118871

(i) Proceeds received on the account of payments from	118872
insurance policies, except those proceeds received for the loss of	118873
business revenue;	118874

(j) Gifts or charitable contributions received; membership	118875
dues received by trade, professional, homeowners', or condominium	118876
associations; and payments received for educational courses,	118877
meetings, meals, or similar payments to a trade, professional, or	118878
other similar association; and fundraising receipts received by	118879
any person when any excess receipts are donated or used	118880
exclusively for charitable purposes;	118881

(k) Damages received as the result of litigation in excess of	118882
amounts that, if received without litigation, would be gross	118883
receipts;	118884

(l) Property, money, and other amounts received or acquired	118885
by an agent on behalf of another in excess of the agent's	118886
commission, fee, or other remuneration;	118887

(m) Tax refunds, other tax benefit recoveries, and	118888
reimbursements for the tax imposed under this chapter made by	118889
entities that are part of the same combined taxpayer or	118890
consolidated elected taxpayer group, and reimbursements made by	118891
entities that are not members of a combined taxpayer or	118892
consolidated elected taxpayer group that are required to be made	118893
for economic parity among multiple owners of an entity whose tax	118894
obligation under this chapter is required to be reported and paid	118895
entirely by one owner, pursuant to the requirements of sections	118896
5751.011 and 5751.012 of the Revised Code;	118897

(n) Pension reversions;

118898

(o) Contributions to capital;

118899

(p) Sales or use taxes collected as a vendor or an	118900
out-of-state seller on behalf of the taxing jurisdiction from a	118901
consumer or other taxes the taxpayer is required by law to collect	118902
directly from a purchaser and remit to a local, state, or federal	118903
tax authority;	118904

(q) In the case of receipts from the sale of cigarettes or	118905
tobacco products by a wholesale dealer, retail dealer,	118906
distributor, manufacturer, or seller, all as defined in section	118907
5743.01 of the Revised Code, an amount equal to the federal and	118908
state excise taxes paid by any person on or for such cigarettes or	118909
tobacco products under subtitle E of the Internal Revenue Code or	118910
Chapter 5743. of the Revised Code;	118911

(r) In the case of receipts from the sale of motor fuel by a	118912
licensed motor fuel dealer, licensed retail dealer, or licensed	118913
permissive motor fuel dealer, all as defined in section 5735.01 of	118914
the Revised Code, an amount equal to federal and state excise	118915
taxes paid by any person on such motor fuel under section 4081 of	118916
the Internal Revenue Code or Chapter 5735. of the Revised Code;	118917

(s) In the case of receipts from the sale of beer or	118918
intoxicating liquor, as defined in section 4301.01 of the Revised	118919
Code, by a person holding a permit issued under Chapter 4301. or	118920
4303. of the Revised Code, an amount equal to federal and state	118921
excise taxes paid by any person on or for such beer or	118922
intoxicating liquor under subtitle E of the Internal Revenue Code	118923
or Chapter 4301. or 4305. of the Revised Code;	118924

(t) Receipts realized by a new motor vehicle dealer or used	118925
motor vehicle dealer, as defined in section 4517.01 of the Revised	118926
Code, from the sale or other transfer of a motor vehicle, as	118927
defined in that section, to another motor vehicle dealer for the	118928
purpose of resale by the transferee motor vehicle dealer, but only	118929
if the sale or other transfer was based upon the transferee's need	118930
to meet a specific customer's preference for a motor vehicle;	118931

(u) Receipts from a financial institution described in	118932
division (E)(3) of this section for services provided to the	118933
financial institution in connection with the issuance, processing,	118934
servicing, and management of loans or credit accounts, if such	118935
financial institution and the recipient of such receipts have at	118936
least fifty per cent of their ownership interests owned or	118937
controlled, directly or constructively through related interests,	118938
by common owners;	118939

(v) Receipts realized from administering anti-neoplastic	118940
drugs and other cancer chemotherapy, biologicals, therapeutic	118941
agents, and supportive drugs in a physician's office to patients	118942
with cancer;	118943

(w) Funds received or used by a mortgage broker that is not a	118944
dealer in intangibles, other than fees or other consideration,	118945
pursuant to a table-funding mortgage loan or warehouse-lending	118946
mortgage loan. Terms used in division (F)(2)(w) of this section	118947
have the same meanings as in section 1322.01 of the Revised Code,	118948
except "mortgage broker" means a person assisting a buyer in	118949
obtaining a mortgage loan for a fee or other consideration paid by	118950
the buyer or a lender, or a person engaged in table-funding or	118951
warehouse-lending mortgage loans that are first lien mortgage	118952
loans.	118953

(x) Property, money, and other amounts received by a	118954
professional employer organization, as defined in section 4125.01	118955
of the Revised Code, from a client employer, as defined in that	118956
section, in excess of the administrative fee charged by the	118957
professional employer organization to the client employer;	118958

(y) In the case of amounts retained as commissions by a	118959
permit holder under Chapter 3769. of the Revised Code, an amount	118960
equal to the amounts specified under that chapter that must be	118961
paid to or collected by the tax commissioner as a tax and the	118962
amounts specified under that chapter to be used as purse money;	118963

(z) Qualifying distribution center receipts.

118964

(i) For purposes of division (F)(2)(z) of this section:

118965

(I) "Qualifying distribution center receipts" means receipts	118966
of a supplier from qualified property that is delivered to a	118967
qualified distribution center, multiplied by a quantity that	118968
equals one minus the Ohio delivery percentage. If the qualified	118969
distribution center is a refining facility, "supplier" includes	118970
all dealers, brokers, processors, sellers, vendors, cosigners, and	118971
distributors of qualified property.	118972

(II) "Qualified property" means tangible personal property	118973
delivered to a qualified distribution center that is shipped to	118974
that qualified distribution center solely for further shipping by	118975
the qualified distribution center to another location in this	118976
state or elsewhere or, in the case of gold, silver, platinum, or	118977
palladium delivered to a refining facility solely for refining to	118978
a grade and fineness acceptable for delivery to a registered	118979
commodities exchange. "Further shipping" includes storing and	118980
repackaging property into smaller or larger bundles, so long as	118981
the property is not subject to further manufacturing or	118982
processing. "Refining" is limited to extracting impurities from	118983
gold, silver, platinum, or palladium through smelting or some	118984
other process at a refining facility.	118985

(III) "Qualified distribution center" means a warehouse, a	118986
facility similar to a warehouse, or a refining facility in this	118987
state that, for the qualifying year, is operated by a person that	118988
is not part of a combined taxpayer group and that has a qualifying	118989
certificate. All warehouses or facilities similar to warehouses	118990
that are operated by persons in the same taxpayer group and that	118991
are located within one mile of each other shall be treated as one	118992
qualified distribution center. All refining facilities that are	118993
operated by persons in the same taxpayer group and that are	118994
located in the same or adjacent counties may be treated as one	118995
qualified distribution center.	118996

(IV) "Qualifying year" means the calendar year to which the	118997
qualifying certificate applies.	118998

(V) "Qualifying period" means the period of the first day of	118999
July of the second year preceding the qualifying year through the	119000
thirtieth day of June of the year preceding the qualifying year.	119001

(VI) "Qualifying certificate" means the certificate issued by	119002
the tax commissioner after the operator of a distribution center	119003
files an annual application with the commissioner. The application	119004
and annual fee shall be filed and paid for each qualified	119005
distribution center on or before the first day of September before	119006
the qualifying year or within forty-five days after the	119007
distribution center opens, whichever is later.	119008

The applicant must substantiate to the commissioner's	119009
satisfaction that, for the qualifying period, all persons	119010
operating the distribution center have more than fifty per cent of	119011
the cost of the qualified property shipped to a location such that	119012
it would be sitused outside this state under the provisions of	119013
division (E) of section 5751.033 of the Revised Code. The	119014
applicant must also substantiate that the distribution center	119015
cumulatively had costs from its suppliers equal to or exceeding	119016
five hundred million dollars during the qualifying period. (For	119017
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	119018
excludes any person that is part of the consolidated elected	119019
taxpayer group, if applicable, of the operator of the qualified	119020
distribution center.) The commissioner may require the applicant	119021
to have an independent certified public accountant certify that	119022
the calculation of the minimum thresholds required for a qualified	119023
distribution center by the operator of a distribution center has	119024
been made in accordance with generally accepted accounting	119025
principles. The commissioner shall issue or deny the issuance of a	119026
certificate within sixty days after the receipt of the	119027
application. A denial is subject to appeal under section 5717.02	119028
of the Revised Code. If the operator files a timely appeal under	119029
section 5717.02 of the Revised Code, the operator shall be granted	119030
a qualifying certificate~~, provided that~~effective for the	119031
remainder of the qualifying year or until the appeal is finalized,	119032
whichever is earlier. If the operator ~~is liable for any tax,~~	119033
~~interest, or penalty upon amounts claimed as qualifying~~	119034
~~distribution center receipts, other than those receipts exempt~~	119035
~~under division (C)(1) of section 5751.011 of the Revised Code,~~	119036
~~that would have otherwise not been owed by its suppliers if the~~	119037
~~qualifying certificate was valid~~does not prevail in the appeal,	119038
the operator shall pay the operator's supplier tax liability.	119039

(VII) "Ohio delivery percentage" means the proportion of the	119040
total property delivered to a destination inside Ohio from the	119041
qualified distribution center during the qualifying period	119042
compared with total deliveries from such distribution center	119043
everywhere during the qualifying period.	119044

(VIII) "Refining facility" means one or more buildings	119045
located in a county in the Appalachian region of this state as	119046
defined by section 107.21 of the Revised Code and utilized for	119047
refining or smelting gold, silver, platinum, or palladium to a	119048
grade and fineness acceptable for delivery to a registered	119049
commodities exchange.	119050

(IX) "Registered commodities exchange" means a board of	119051
trade, such as New York mercantile exchange, inc. or commodity	119052
exchange, inc., designated as a contract market by the commodity	119053
futures trading commission under the "Commodity Exchange Act," 7	119054
U.S.C. 1 et seq., as amended.	119055

(X) "Supplier tax liability" means an amount equal to the tax	119056
liability of all suppliers of a distribution center had the	119057
distribution center not been issued a qualifying certificate for	119058
the qualifying year, less the amount actually paid by the	119059
suppliers for the qualifying year. Supplier tax liability shall	119060
not include interest or penalties. The tax commissioner shall	119061
determine an operator's supplier tax liability based on	119062
information that the commissioner may request from the operator of	119063
the distribution center. An operator shall provide a list of all	119064
suppliers of the distribution center and the corresponding costs	119065
of qualified property for the qualifying year at issue within	119066
sixty days of a request by the commissioner under this division.	119067

(ii)(I) If the distribution center is new and was not open	119068
for the entire qualifying period, the operator of the distribution	119069
center may request that the commissioner grant a qualifying	119070
certificate. If the certificate is granted and it is later	119071
determined that more than fifty per cent of the qualified property	119072
during that year was not shipped to a location such that it would	119073
be sitused outside of this state under the provisions of division	119074
(E) of section 5751.033 of the Revised Code or if it is later	119075
determined that the person that operates the distribution center	119076
had average monthly costs from its suppliers of less than forty	119077
million dollars during that year, then the operator of the	119078
distribution center shall pay ~~a penalty for that year equal to~~	119079
~~five hundred thousand dollars~~the operator's supplier tax	119080
liability. (For purposes of division (F)(2)(z)(ii) of this	119081
section, "supplier" excludes any person that is part of the	119082
consolidated elected taxpayer group, if applicable, of the	119083
operator of the qualified distribution center.)	119084

(II) The commissioner may grant a qualifying certificate to a	119085
distribution center that does not qualify as a qualified	119086
distribution center for an entire qualifying period if the	119087
operator of the distribution center demonstrates that the business	119088
operations of the distribution center have changed or will change	119089
such that the distribution center will qualify as a qualified	119090
distribution center within thirty-six months after the date the	119091
operator first applies for a certificate. If, at the end of that	119092
thirty-six-month period, the business operations of the	119093
distribution center have not changed such that the distribution	119094
center qualifies as a qualified distribution center, the operator	119095
of the distribution center shall pay ~~a penalty equal to five~~	119096
~~hundred thousand dollars~~the operator's supplier tax liability for	119097
each year that the distribution center received a certificate but	119098
did not qualify as a qualified distribution center. For each year	119099
the distribution center receives a certificate under division	119100
(F)(2)(z)(ii)(II) of this section, the distribution center shall	119101
pay all applicable fees required under division (F)(2)(z) of this	119102
section and shall submit an updated business plan showing the	119103
progress the distribution center made toward qualifying as a	119104
qualified distribution center during the preceding year.	119105

(III) An operator may appeal ~~the imposition of~~ a ~~penalty~~	119106
~~imposed~~determination under division (F)(2)(z)(ii)(I) or (II) of	119107
this section that the operator is liable for the operator's	119108
supplier tax liability as a result of not qualifying as a	119109
qualified distribution center, as provided in section 5717.02 of	119110
the Revised Code.	119111

(iii) When filing an application for a qualifying certificate	119112
under division (F)(2)(z)(i)(VI) of this section, the operator of a	119113
qualified distribution center also shall provide documentation, as	119114
the commissioner requires, for the commissioner to ascertain the	119115
Ohio delivery percentage. The commissioner, upon issuing the	119116
qualifying certificate, also shall certify the Ohio delivery	119117
percentage. The operator of the qualified distribution center may	119118
appeal the commissioner's certification of the Ohio delivery	119119
percentage in the same manner as an appeal is taken from the	119120
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	119121
of this section.	119122

~~Within thirty days after all appeals have been exhausted, the~~	119123
~~operator of the qualified distribution center shall provide the~~	119124
~~commissioner with a list of all affected suppliers of qualified~~	119125
~~property. The commissioner shall notify all such suppliers that~~	119126
~~the suppliers are required to file, within sixty days after~~	119127
~~receiving the notice, amended reports for the affected calendar~~	119128
~~quarter or quarters or calendar year, whichever the case may be.~~	119129
~~Any additional tax liability or tax overpayment shall be subject~~	119130
~~to interest but shall not be subject to the imposition of any~~	119131
~~penalty so long as the amended returns are timely filed. The~~	119132
~~supplier of tangible personal property delivered to the qualified~~	119133
~~distribution center shall include in its report of taxable gross~~	119134
~~receipts the receipts from the total sales of property delivered~~	119135
~~to the qualified distribution center for the calendar quarter or~~	119136
~~calendar year, whichever the case may be, multiplied by the Ohio~~	119137
~~delivery percentage for the qualifying year. Nothing in division~~	119138
~~(F)(2)(z)(iii) of this section shall be construed as imposing~~	119139
~~liability on the operator of a qualified distribution center for~~	119140
~~the tax imposed by this chapter arising from any change to the~~	119141
~~Ohio delivery percentage.~~	119142

(iv)(I) In the case where the distribution center is new and	119143
not open for the entire qualifying period, the operator shall make	119144
a good faith estimate of an Ohio delivery percentage for use by	119145
suppliers in their reports of taxable gross receipts for the	119146
remainder of the qualifying period. The operator of the facility	119147
shall disclose to the suppliers that such Ohio delivery percentage	119148
is an estimate and is subject to recalculation. By the due date of	119149
the next application for a qualifying certificate, the operator	119150
shall determine the actual Ohio delivery percentage for the	119151
estimated qualifying period and proceed as provided in division	119152
(F)(2)(z)(iii) of this section with respect to the calculation and	119153
recalculation of the Ohio delivery percentage. The supplier is	119154
required to file, within sixty days after receiving notice from	119155
the operator of the qualified distribution center, amended reports	119156
for the impacted calendar quarter or quarters or calendar year,	119157
whichever the case may be. Any additional tax liability or tax	119158
overpayment shall be subject to interest but shall not be subject	119159
to the imposition of any penalty so long as the amended returns	119160
are timely filed.	119161

(II) The operator of a distribution center that receives a	119162
qualifying certificate under division (F)(2)(z)(ii)(II) of this	119163
section shall make a good faith estimate of the Ohio delivery	119164
percentage that the operator estimates will apply to the	119165
distribution center at the end of the thirty-six-month period	119166
after the operator first applied for a qualifying certificate	119167
under that division. The result of the estimate shall be	119168
multiplied by a factor of one and seventy-five one-hundredths. The	119169
product of that calculation shall be the Ohio delivery percentage	119170
used by suppliers in their reports of taxable gross receipts for	119171
each qualifying year that the distribution center receives a	119172
qualifying certificate under division (F)(2)(z)(ii)(II) of this	119173
section, except that, if the product is less than five per cent,	119174
the Ohio delivery percentage used shall be five per cent and that,	119175
if the product exceeds forty-nine per cent, the Ohio delivery	119176
percentage used shall be forty-nine per cent.	119177

(v) Qualifying certificates and Ohio delivery percentages	119178
issued by the commissioner shall be open to public inspection and	119179
shall be timely published by the commissioner. A supplier relying	119180
in good faith on a certificate issued under this division shall	119181
not be subject to tax on the qualifying distribution center	119182
receipts under division (F)(2)(z) of this section. A person	119183
receiving a qualifying certificate is liable for ~~a penalty equal~~	119184
~~to five hundred thousand dollars~~the person's supplier tax	119185
liability for each year the person received a certificate ~~that~~	119186
~~should not have been issued because the statutory requirements~~	119187
~~were in fact not met~~but did not qualify as a qualified	119188
distribution center.	119189

(vi) The annual fee for a qualifying certificate shall be one	119190
hundred thousand dollars for each qualified distribution center.	119191
If a qualifying certificate is not issued, the annual fee is	119192
subject to refund after the exhaustion of all appeals provided for	119193
in division (F)(2)(z)(i)(VI) of this section. ~~The fee imposed~~	119194
~~under this division may be assessed in the same manner as the tax~~	119195
~~imposed under this chapter.~~ The first one hundred thousand dollars	119196
of the annual application fees collected each calendar year shall	119197
be credited to the revenue enhancement fund. The remainder of the	119198
annual application fees collected shall be distributed in the same	119199
manner required under section 5751.20 of the Revised Code.	119200

(vii) The tax commissioner may require that adequate security	119201
be posted by the operator of the distribution center on appeal	119202
when the commissioner disagrees that the applicant has met the	119203
minimum thresholds for a qualified distribution center as set	119204
forth in ~~divisions (F)(2)(z)(i)(VI) and~~division (F)(2)(z)~~(ii)~~ of	119205
this section.	119206

(aa) Receipts of an employer from payroll deductions relating	119207
to the reimbursement of the employer for advancing moneys to an	119208
unrelated third party on an employee's behalf;	119209

(bb) Cash discounts allowed and taken;

119210

(cc) Returns and allowances;

119211

(dd) Bad debts from receipts on the basis of which the tax	119212
imposed by this chapter was paid in a prior quarterly tax payment	119213
period. For the purpose of this division, "bad debts" means any	119214
debts that have become worthless or uncollectible between the	119215
preceding and current quarterly tax payment periods, have been	119216
uncollected for at least six months, and that may be claimed as a	119217
deduction under section 166 of the Internal Revenue Code and the	119218
regulations adopted under that section, or that could be claimed	119219
as such if the taxpayer kept its accounts on the accrual basis.	119220
"Bad debts" does not include repossessed property, uncollectible	119221
amounts on property that remains in the possession of the taxpayer	119222
until the full purchase price is paid, or expenses in attempting	119223
to collect any account receivable or for any portion of the debt	119224
recovered;	119225

(ee) Any amount realized from the sale of an account	119226
receivable to the extent the receipts from the underlying	119227
transaction giving rise to the account receivable were included in	119228
the gross receipts of the taxpayer;	119229

(ff) Any receipts directly attributed to a transfer agreement	119230
or to the enterprise transferred under that agreement under	119231
section 4313.02 of the Revised Code.	119232

(gg)(i) As used in this division:

119233

(I) "Qualified uranium receipts" means receipts from the	119234
sale, exchange, lease, loan, production, processing, or other	119235
disposition of uranium within a uranium enrichment zone certified	119236
by the tax commissioner under division (F)(2)(gg)(ii) of this	119237
section. "Qualified uranium receipts" does not include any	119238
receipts with a situs in this state outside a uranium enrichment	119239
zone certified by the tax commissioner under division	119240
(F)(2)(gg)(ii) of this section.	119241

(II) "Uranium enrichment zone" means all real property that	119242
is part of a uranium enrichment facility licensed by the United	119243
States nuclear regulatory commission and that was or is owned or	119244
controlled by the United States department of energy or its	119245
successor.	119246

(ii) Any person that owns, leases, or operates real or	119247
tangible personal property constituting or located within a	119248
uranium enrichment zone may apply to the tax commissioner to have	119249
the uranium enrichment zone certified for the purpose of excluding	119250
qualified uranium receipts under division (F)(2)(gg) of this	119251
section. The application shall include such information that the	119252
tax commissioner prescribes. Within sixty days after receiving the	119253
application, the tax commissioner shall certify the zone for that	119254
purpose if the commissioner determines that the property qualifies	119255
as a uranium enrichment zone as defined in division (F)(2)(gg) of	119256
this section, or, if the tax commissioner determines that the	119257
property does not qualify, the commissioner shall deny the	119258
application or request additional information from the applicant.	119259
If the tax commissioner denies an application, the commissioner	119260
shall state the reasons for the denial. The applicant may appeal	119261
the denial of an application to the board of tax appeals pursuant	119262
to section 5717.02 of the Revised Code. If the applicant files a	119263
timely appeal, the tax commissioner shall conditionally certify	119264
the applicant's property. The conditional certification shall	119265
expire when all of the applicant's appeals are exhausted. Until	119266
final resolution of the appeal, the applicant shall retain the	119267
applicant's records in accordance with section 5751.12 of the	119268
Revised Code, notwithstanding any time limit on the preservation	119269
of records under that section.	119270

(hh) Amounts realized by licensed motor fuel dealers or	119271
licensed permissive motor fuel dealers from the exchange of	119272
petroleum products, including motor fuel, between such dealers,	119273
provided that delivery of the petroleum products occurs at a	119274
refinery, terminal, pipeline, or marine vessel and that the	119275
exchanging dealers agree neither dealer shall require monetary	119276
compensation from the other for the value of the exchanged	119277
petroleum products other than such compensation for differences in	119278
product location or grade. Division (F)(2)(hh) of this section	119279
does not apply to amounts realized as a result of differences in	119280
location or grade of exchanged petroleum products or from	119281
handling, lubricity, dye, or other additive injections fees,	119282
pipeline security fees, or similar fees. As used in this division,	119283
"motor fuel," "licensed motor fuel dealer," "licensed permissive	119284
motor fuel dealer," and "terminal" have the same meanings as in	119285
section 5735.01 of the Revised Code.	119286

(ii) In the case of amounts collected by a licensed casino	119287
operator from casino gaming, amounts in excess of the casino	119288
operator's gross casino revenue. In this division, "casino	119289
operator" and "casino gaming" have the meanings defined in section	119290
3772.01 of the Revised Code, and "gross casino revenue" has the	119291
meaning defined in section 5753.01 of the Revised Code.	119292

(jj) Receipts realized from the sale of agricultural	119293
commodities by an agricultural commodity handler, both as defined	119294
in section 926.01 of the Revised Code, that is licensed by the	119295
director of agriculture to handle agricultural commodities in this	119296
state.	119297

(kk) Any receipts for which the tax imposed by this chapter	119298
is prohibited by the constitution or laws of the United States or	119299
the constitution of this state.	119300

(3) In the case of a taxpayer when acting as a real estate	119301
broker, "gross receipts" includes only the portion of any fee for	119302
the service of a real estate broker, or service of a real estate	119303
salesperson associated with that broker, that is retained by the	119304
broker and not paid to an associated real estate salesperson or	119305
another real estate broker. For the purposes of this division,	119306
"real estate broker" and "real estate salesperson" have the same	119307
meanings as in section 4735.01 of the Revised Code.	119308

(4) A taxpayer's method of accounting for gross receipts for	119309
a tax period shall be the same as the taxpayer's method of	119310
accounting for federal income tax purposes for the taxpayer's	119311
federal taxable year that includes the tax period. If a taxpayer's	119312
method of accounting for federal income tax purposes changes, its	119313
method of accounting for gross receipts under this chapter shall	119314
be changed accordingly.	119315

(G) "Taxable gross receipts" means gross receipts sitused to	119316
this state under section 5751.033 of the Revised Code.	119317

(H) A person has "substantial nexus with this state" if any	119318
of the following applies. The person:	119319

(1) Owns or uses a part or all of its capital in this state;

119320

(2) Holds a certificate of compliance with the laws of this	119321
state authorizing the person to do business in this state;	119322

(3) Has bright-line presence in this state;

119323

(4) Otherwise has nexus with this state to an extent that the	119324
person can be required to remit the tax imposed under this chapter	119325
under the Constitution of the United States.	119326

(I) A person has "bright-line presence" in this state for a	119327
reporting period and for the remaining portion of the calendar	119328
year if any of the following applies. The person:	119329

(1) Has at any time during the calendar year property in this	119330
state with an aggregate value of at least fifty thousand dollars.	119331
For the purpose of division (I)(1) of this section, owned property	119332
is valued at original cost and rented property is valued at eight	119333
times the net annual rental charge.	119334

(2) Has during the calendar year payroll in this state of at	119335
least fifty thousand dollars. Payroll in this state includes all	119336
of the following:	119337

(a) Any amount subject to withholding by the person under	119338
section 5747.06 of the Revised Code;	119339

(b) Any other amount the person pays as compensation to an	119340
individual under the supervision or control of the person for work	119341
done in this state; and	119342

(c) Any amount the person pays for services performed in this	119343
state on its behalf by another.	119344

(3) Has during the calendar year taxable gross receipts of at	119345
least five hundred thousand dollars.	119346

(4) Has at any time during the calendar year within this	119347
state at least twenty-five per cent of the person's total	119348
property, total payroll, or total gross receipts.	119349

(5) Is domiciled in this state as an individual or for	119350
corporate, commercial, or other business purposes.	119351

(J) "Tangible personal property" has the same meaning as in	119352
section 5739.01 of the Revised Code.	119353

(K) "Internal Revenue Code" means the Internal Revenue Code	119354
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	119355
this chapter that is not otherwise defined has the same meaning as	119356
when used in a comparable context in the laws of the United States	119357
relating to federal income taxes unless a different meaning is	119358
clearly required. Any reference in this chapter to the Internal	119359
Revenue Code includes other laws of the United States relating to	119360
federal income taxes.	119361

(L) "Calendar quarter" means a three-month period ending on	119362
the thirty-first day of March, the thirtieth day of June, the	119363
thirtieth day of September, or the thirty-first day of December.	119364

(M) "Tax period" means the calendar quarter or calendar year	119365
on the basis of which a taxpayer is required to pay the tax	119366
imposed under this chapter.	119367

(N) "Calendar year taxpayer" means a taxpayer for which the	119368
tax period is a calendar year.	119369

(O) "Calendar quarter taxpayer" means a taxpayer for which	119370
the tax period is a calendar quarter.	119371

(P) "Agent" means a person authorized by another person to	119372
act on its behalf to undertake a transaction for the other,	119373
including any of the following:	119374

(1) A person receiving a fee to sell financial instruments;

119375

(2) A person retaining only a commission from a transaction	119376
with the other proceeds from the transaction being remitted to	119377
another person;	119378

(3) A person issuing licenses and permits under section	119379
1533.13 of the Revised Code;	119380

(4) A lottery sales agent holding a valid license issued	119381
under section 3770.05 of the Revised Code;	119382

(5) A person acting as an agent of the division of liquor	119383
control under section 4301.17 of the Revised Code.	119384

(Q) "Received" includes amounts accrued under the accrual	119385
method of accounting.	119386

(R) "Reporting person" means a person in a consolidated	119387
elected taxpayer or combined taxpayer group that is designated by	119388
that group to legally bind the group for all filings and tax	119389
liabilities and to receive all legal notices with respect to	119390
matters under this chapter, or, for the purposes of section	119391
5751.04 of the Revised Code, a separate taxpayer that is not a	119392
member of such a group.	119393

Sec. 5751.014. All members of a consolidated elected	119394
taxpayer or combined taxpayer group during the tax period or	119395
periods for which additional tax, penalty, or interest is owed are	119396
jointly and severally liable for such amounts. Although the	119397
reporting person will be assessed for the liability, such amounts	119398
due may be collected by assessment against any member of the group	119399
as provided in section 5703.90 of the Revised Code or pursued	119400
against any member of the group when a liability is certified to	119401
the attorney general under section 131.02 of the Revised Code.	119402

Sec. 5751.07. (A) Any person required to file returns ~~for a~~	119403
~~calendar quarter~~under this chapter shall remit each tax payment,	119404
and, if required by the tax commissioner, file the tax return or	119405
the annual report, electronically. The commissioner may require	119406
taxpayers to use the Ohio business gateway as defined in section	119407
718.051 of the Revised Code to file returns and remit the tax, or	119408
may provide another means for taxpayers to file and remit the tax	119409
electronically.	119410

(B) A person required by this section to remit taxes or file	119411
returns electronically may apply to the tax commissioner, on the	119412
form prescribed by the commissioner, to be excused from that	119413
requirement. The commissioner may excuse a person from the	119414
requirements of this division for good cause.	119415

(C)(1) If a person required to remit taxes or file a return	119416
electronically under this section fails to do so, the commissioner	119417
may impose a penalty not to exceed the following:	119418

(a) For either of the first two ~~calendar quarters~~tax periods	119419
the person so fails, the greater of twenty-five dollars or five	119420
per cent of the amount of the payment that was required to be	119421
remitted;	119422

(b) For the third and any subsequent ~~calendar quarters~~tax	119423
periods the person so fails, the greater of fifty dollars or ten	119424
per cent of the amount of the payment that was required to be	119425
remitted.	119426

(2) The penalty imposed under division (C)(1) of this section	119427
is in addition to any other penalty imposed under this chapter and	119428
shall be considered as revenue arising from the tax imposed under	119429
this chapter. A penalty may be collected by assessment in the	119430
manner prescribed by section 5751.09 of the Revised Code. The tax	119431
commissioner may abate all or a portion of such a penalty.	119432

(D) The tax commissioner may adopt rules necessary to	119433
administer this section.	119434

Sec. 5751.081. As used in this section, "debt to this state"	119435
means unpaid taxes due the state, unpaid workers' compensation	119436
premiums due under section 4123.35 of the Revised Code, unpaid	119437
unemployment compensation contributions due under section 4141.25	119438
of the Revised Code, unpaid unemployment compensation payment in	119439
lieu of contribution under section 4141.241 of the Revised Code,	119440
unpaid fee payable to the state or to the clerk of courts pursuant	119441
to section 4505.06 of the Revised Code, incorrect ~~medical~~	119442
~~assistance~~ payments for medicaid services under ~~section 5111.02 of~~	119443
~~the Revised Code~~the medicaid program, or any unpaid charge,	119444
penalty, or interest arising from any of the foregoing.	119445

If a taxpayer entitled to a refund under section 5751.08 of	119446
the Revised Code owes any debt to this state, the amount	119447
refundable may be applied in satisfaction of the debt. If the	119448
amount refundable is less than the amount of the debt, it may be	119449
applied in partial satisfaction of the debt. If the amount	119450
refundable is greater than the amount of the debt, the amount	119451
remaining after satisfaction of the debt shall be refunded. This	119452
section applies only to debts that have become final. For the	119453
purposes of this section, a debt becomes final when, under the	119454
applicable law, any time provided for petition for reassessment,	119455
request for reconsideration, or other appeal of the legality or	119456
validity of the amount giving rise to the debt expires without an	119457
appeal having been filed in the manner provided by law.	119458

Sec. 5751.09. (A) The tax commissioner may make an	119459
assessment, based on any information in the commissioner's	119460
possession, against any person that fails to file a return or pay	119461
any tax as required by this chapter. The commissioner shall give	119462
the person assessed written notice of the assessment as provided	119463
in section 5703.37 of the Revised Code. With the notice, the	119464
commissioner shall provide instructions on the manner in which to	119465
petition for reassessment and request a hearing with respect to	119466
the petition. The commissioner shall send any assessments against	119467
consolidated elected taxpayer and combined taxpayer groups under	119468
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	119469
"reporting person" as defined under division (R) of section	119470
5751.01 of the Revised Code. The reporting person shall notify all	119471
members of the group of the assessment and all outstanding taxes,	119472
interest, and penalties for which the assessment is issued.	119473

(B) Unless the person assessed, within sixty days after	119474
service of the notice of assessment, files with the tax	119475
commissioner, either personally or by certified mail, a written	119476
petition signed by the person or the person's authorized agent	119477
having knowledge of the facts, the assessment becomes final, and	119478
the amount of the assessment is due and payable from the person	119479
assessed to the treasurer of state. The petition shall indicate	119480
the objections of the person assessed, but additional objections	119481
may be raised in writing if received by the commissioner prior to	119482
the date shown on the final determination.	119483

If a petition for reassessment has been properly filed, the	119484
commissioner shall proceed under section 5703.60 of the Revised	119485
Code.	119486

(C)(1) After an assessment becomes final, if any portion of	119487
the assessment, including accrued interest, remains unpaid, a	119488
certified copy of the tax commissioner's entry making the	119489
assessment final may be filed in the office of the clerk of the	119490
court of common pleas in the county in which the person resides or	119491
has its principal place of business in this state, or in the	119492
office of the clerk of court of common pleas of Franklin county.	119493

(2) Immediately upon the filing of the entry, the clerk shall	119494
enter judgment for the state against the person assessed in the	119495
amount shown on the entry. The judgment may be filed by the clerk	119496
in a loose-leaf book entitled, "special judgments for the	119497
commercial activity tax" and shall have the same effect as other	119498
judgments. Execution shall issue upon the judgment at the request	119499
of the tax commissioner, and all laws applicable to sales on	119500
execution shall apply to sales made under the judgment.	119501

(3) ~~The portion of~~If the assessment is not paid in its	119502
entirety within sixty days after the day the assessment was	119503
issued, the portion of the assessment consisting of tax due shall	119504
bear interest at the rate per annum prescribed by section 5703.47	119505
of the Revised Code from the day the tax commissioner issues the	119506
assessment until it is paid or until it is certified to the	119507
attorney general for collection under section 131.02 of the	119508
Revised Code, whichever comes first. If the unpaid portion of the	119509
assessment is certified to the attorney general for collection,	119510
the entire unpaid portion of the assessment shall bear interest at	119511
the rate per annum prescribed by section 5703.47 of the Revised	119512
Code from the date of certification until the date it is paid in	119513
its entirety. Interest shall be paid in the same manner as the tax	119514
and may be collected by the issuance of an assessment under this	119515
section.	119516

(D) If the tax commissioner believes that collection of the	119517
tax will be jeopardized unless proceedings to collect or secure	119518
collection of the tax are instituted without delay, the	119519
commissioner may issue a jeopardy assessment against the person	119520
liable for the tax. Immediately upon the issuance of the jeopardy	119521
assessment, the commissioner shall file an entry with the clerk of	119522
the court of common pleas in the manner prescribed by division (C)	119523
of this section. Notice of the jeopardy assessment shall be served	119524
on the person assessed or the person's authorized agent in the	119525
manner provided in section 5703.37 of the Revised Code within five	119526
days of the filing of the entry with the clerk. The total amount	119527
assessed is immediately due and payable, unless the person	119528
assessed files a petition for reassessment in accordance with	119529
division (B) of this section and provides security in a form	119530
satisfactory to the commissioner and in an amount sufficient to	119531
satisfy the unpaid balance of the assessment. Full or partial	119532
payment of the assessment does not prejudice the commissioner's	119533
consideration of the petition for reassessment.	119534

(E) The tax commissioner shall immediately forward to the	119535
treasurer of state all amounts the commissioner receives under	119536
this section, and such amounts shall be considered as revenue	119537
arising from the tax imposed under this chapter.	119538

(F) Except as otherwise provided in this division, no	119539
assessment shall be made or issued against a taxpayer for the tax	119540
imposed under this chapter more than four years after the due date	119541
for the filing of the return for the tax period for which the tax	119542
was reported, or more than four years after the return for the tax	119543
period was filed, whichever is later. The time limit may be	119544
extended if both the taxpayer and the commissioner consent in	119545
writing to the extension or enter into an agreement waiving or	119546
extending the time limit. Any such extension shall extend the	119547
four-year time limit in division (B) of section 5751.08 of the	119548
Revised Code for the same period of time. Nothing in this division	119549
bars an assessment against a taxpayer that fails to file a return	119550
required by this chapter or that files a fraudulent return.	119551

(G) If the tax commissioner possesses information that	119552
indicates that the amount of tax a taxpayer is required to pay	119553
under this chapter exceeds the amount the taxpayer paid, the tax	119554
commissioner may audit a sample of the taxpayer's gross receipts	119555
over a representative period of time to ascertain the amount of	119556
tax due, and may issue an assessment based on the audit. The tax	119557
commissioner shall make a good faith effort to reach agreement	119558
with the taxpayer in selecting a representative sample. The tax	119559
commissioner may apply a sampling method only if the commissioner	119560
has prescribed the method by rule.	119561

(H) If the whereabouts of a person subject to this chapter is	119562
not known to the tax commissioner, the commissioner shall follow	119563
the procedures under section 5703.37 of the Revised Code.	119564

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	119565
the Revised Code:	119566

(1) "School district," "joint vocational school district,"	119567
"local taxing unit," "recognized valuation," "fixed-rate levy,"	119568
and "fixed-sum levy" have the same meanings as used in section	119569
5727.84 of the Revised Code.	119570

(2) "State education aid" for a school district means the	119571
following:	119572

(a) For fiscal years prior to fiscal year 2010, the sum of	119573
state aid amounts computed for the district under the following	119574
provisions, as they existed for the applicable fiscal year:	119575
division (A) of section 3317.022 of the Revised Code, including	119576
the amounts calculated under ~~sections~~former section 3317.029 and	119577
section 3317.0217 of the Revised Code; divisions (C)(1), (C)(4),	119578
(D), (E), and (F) of section 3317.022; divisions (B), (C), and (D)	119579
of section 3317.023; divisions (L) and (N) of section 3317.024;	119580
section 3317.0216; and any unit payments for gifted student	119581
services paid under ~~sections~~section 3317.05,and former sections	119582
3317.052, and 3317.053 of the Revised Code; except that, for	119583
fiscal years 2008 and 2009, the amount computed for the district	119584
under Section 269.20.80 of H.B. 119 of the 127th general assembly	119585
and as that section subsequently may be amended shall be	119586
substituted for the amount computed under division (D) of section	119587
3317.022 of the Revised Code, and the amount computed under	119588
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	119589
that section subsequently may be amended shall be included.	119590

(b) For fiscal years 2010 and 2011, the sum of the amounts	119591
computed under former sections 3306.052, 3306.12, 3306.13,	119592
3306.19, 3306.191, and 3306.192 of the Revised Code;	119593

(c) For fiscal years 2012 and 2013, the sum of the amounts	119594
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	119595
153 of the 129th general assembly;	119596

(d) For fiscal year 2014 and each fiscal year thereafter, the	119597
sum of state amounts computed for the district under section	119598
3317.022 of the Revised Code; except that, for fiscal years 2014	119599
and 2015, the amount computed for the district under the section	119600
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND	119601
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.	119602

(3) "State education aid" for a joint vocational school	119603
district means the following:	119604

(a) For fiscal years prior to fiscal year 2010, the sum of	119605
the state aid computed for the district under division (N) of	119606
section 3317.024 and former section 3317.16 of the Revised Code,	119607
except that, for fiscal years 2008 and 2009, the amount computed	119608
under Section 269.30.80 of H.B. 119 of the 127th general assembly	119609
and as that section subsequently may be amended shall be included.	119610

(b) For fiscal years 2010 and 2011, the amount paid in	119611
accordance with Section 265.30.50 of H.B. 1 of the 128th general	119612
assembly.	119613

(c) For fiscal years 2012 and 2013, the amount paid in	119614
accordance with Section 267.30.60 of H.B. 153 of the 129th general	119615
assembly.	119616

(d) For fiscal year 2014 and each fiscal year thereafter, the	119617
amount computed for the district under section 3317.16 of the	119618
Revised Code; except that, for fiscal years 2014 and 2015, the	119619
amount computed for the district under the section of this act	119620
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	119621
shall be included.	119622

(4) "State education aid offset" means the amount determined	119623
for each school district or joint vocational school district under	119624
division (A)(1) of section 5751.21 of the Revised Code.	119625

(5) "Machinery and equipment property tax value loss" means	119626
the amount determined under division (C)(1) of this section.	119627

(6) "Inventory property tax value loss" means the amount	119628
determined under division (C)(2) of this section.	119629

(7) "Furniture and fixtures property tax value loss" means	119630
the amount determined under division (C)(3) of this section.	119631

(8) "Machinery and equipment fixed-rate levy loss" means the	119632
amount determined under division (D)(1) of this section.	119633

(9) "Inventory fixed-rate levy loss" means the amount	119634
determined under division (D)(2) of this section.	119635

(10) "Furniture and fixtures fixed-rate levy loss" means the	119636
amount determined under division (D)(3) of this section.	119637

(11) "Total fixed-rate levy loss" means the sum of the	119638
machinery and equipment fixed-rate levy loss, the inventory	119639
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	119640
loss, and the telephone company fixed-rate levy loss.	119641

(12) "Fixed-sum levy loss" means the amount determined under	119642
division (E) of this section.	119643

(13) "Machinery and equipment" means personal property	119644
subject to the assessment rate specified in division (F) of	119645
section 5711.22 of the Revised Code.	119646

(14) "Inventory" means personal property subject to the	119647
assessment rate specified in division (E) of section 5711.22 of	119648
the Revised Code.	119649

(15) "Furniture and fixtures" means personal property subject	119650
to the assessment rate specified in division (G) of section	119651
5711.22 of the Revised Code.	119652

(16) "Qualifying levies" are levies in effect for tax year	119653
2004 or applicable to tax year 2005 or approved at an election	119654
conducted before September 1, 2005. For the purpose of determining	119655
the rate of a qualifying levy authorized by section 5705.212 or	119656
5705.213 of the Revised Code, the rate shall be the rate that	119657
would be in effect for tax year 2010.	119658

(17) "Telephone property" means tangible personal property of	119659
a telephone, telegraph, or interexchange telecommunications	119660
company subject to an assessment rate specified in section	119661
5727.111 of the Revised Code in tax year 2004.	119662

(18) "Telephone property tax value loss" means the amount	119663
determined under division (C)(4) of this section.	119664

(19) "Telephone property fixed-rate levy loss" means the	119665
amount determined under division (D)(4) of this section.	119666

(20) "Taxes charged and payable" means taxes charged and	119667
payable after the reduction required by section 319.301 of the	119668
Revised Code but before the reductions required by sections	119669
319.302 and 323.152 of the Revised Code.	119670

(21) "Median estate tax collections" means, in the case of a	119671
municipal corporation to which revenue from the taxes levied in	119672
Chapter 5731. of the Revised Code was distributed in each of	119673
calendar years 2006, 2007, 2008, and 2009, the median of those	119674
distributions. In the case of a municipal corporation to which no	119675
distributions were made in one or more of those years, "median	119676
estate tax collections" means zero.	119677

(22) "Total resources," in the case of a school district,	119678
means the sum of the amounts in divisions (A)(22)(a) to (h) of	119679
this section less any reduction required under division (A)(32) or	119680
(33) of this section.	119681

(a) The state education aid for fiscal year 2010;

119682

(b) The sum of the payments received by the school district	119683
in fiscal year 2010 for current expense levy losses pursuant to	119684
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	119685
section 5751.21 of the Revised Code, excluding the portion of such	119686
payments attributable to levies for joint vocational school	119687
district purposes;	119688

(c) The sum of fixed-sum levy loss payments received by the	119689
school district in fiscal year 2010 pursuant to division (E)(1) of	119690
section 5727.85 and division (E)(1) of section 5751.21 of the	119691
Revised Code for fixed-sum levies charged and payable for a	119692
purpose other than paying debt charges;	119693

(d) Fifty per cent of the school district's taxes charged and	119694
payable against all property on the tax list of real and public	119695
utility property for current expense purposes for tax year 2008,	119696
including taxes charged and payable from emergency levies charged	119697
and payable under section 5709.194 of the Revised Code and	119698
excluding taxes levied for joint vocational school district	119699
purposes;	119700

(e) Fifty per cent of the school district's taxes charged and	119701
payable against all property on the tax list of real and public	119702
utility property for current expenses for tax year 2009, including	119703
taxes charged and payable from emergency levies and excluding	119704
taxes levied for joint vocational school district purposes;	119705

(f) The school district's taxes charged and payable against	119706
all property on the general tax list of personal property for	119707
current expenses for tax year 2009, including taxes charged and	119708
payable from emergency levies;	119709

(g) The amount certified for fiscal year 2010 under division	119710
(A)(2) of section 3317.08 of the Revised Code;	119711

(h) Distributions received during calendar year 2009 from	119712
taxes levied under section 718.09 of the Revised Code.	119713

(23) "Total resources," in the case of a joint vocational	119714
school district, means the sum of amounts in divisions (A)(23)(a)	119715
to (g) of this section less any reduction required under division	119716
(A)(32) of this section.	119717

(a) The state education aid for fiscal year 2010;

119718

(b) The sum of the payments received by the joint vocational	119719
school district in fiscal year 2010 for current expense levy	119720
losses pursuant to division (C)(2) of section 5727.85 and	119721
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	119722

(c) Fifty per cent of the joint vocational school district's	119723
taxes charged and payable against all property on the tax list of	119724
real and public utility property for current expense purposes for	119725
tax year 2008;	119726

(d) Fifty per cent of the joint vocational school district's	119727
taxes charged and payable against all property on the tax list of	119728
real and public utility property for current expenses for tax year	119729
2009;	119730

(e) Fifty per cent of a city, local, or exempted village	119731
school district's taxes charged and payable against all property	119732
on the tax list of real and public utility property for current	119733
expenses of the joint vocational school district for tax year	119734
2008;	119735

(f) Fifty per cent of a city, local, or exempted village	119736
school district's taxes charged and payable against all property	119737
on the tax list of real and public utility property for current	119738
expenses of the joint vocational school district for tax year	119739
2009;	119740

(g) The joint vocational school district's taxes charged and	119741
payable against all property on the general tax list of personal	119742
property for current expenses for tax year 2009.	119743

(24) "Total resources," in the case of county mental health	119744
and disability related functions, means the sum of the amounts in	119745
divisions (A)(24)(a) and (b) of this section less any reduction	119746
required under division (A)(32) of this section.	119747

(a) The sum of the payments received by the county for mental	119748
health and developmental disability related functions in calendar	119749
year 2010 under division (A)(1) of section 5727.86 and divisions	119750
(A)(1) and (2) of section 5751.22 of the Revised Code as they	119751
existed at that time;	119752

(b) With respect to taxes levied by the county for mental	119753
health and developmental disability related purposes, the taxes	119754
charged and payable for such purposes against all property on the	119755
tax list of real and public utility property for tax year 2009.	119756

(25) "Total resources," in the case of county senior services	119757
related functions, means the sum of the amounts in divisions	119758
(A)(25)(a) and (b) of this section less any reduction required	119759
under division (A)(32) of this section.	119760

(a) The sum of the payments received by the county for senior	119761
services related functions in calendar year 2010 under division	119762
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	119763
5751.22 of the Revised Code as they existed at that time;	119764

(b) With respect to taxes levied by the county for senior	119765
services related purposes, the taxes charged and payable for such	119766
purposes against all property on the tax list of real and public	119767
utility property for tax year 2009.	119768

(26) "Total resources," in the case of county children's	119769
services related functions, means the sum of the amounts in	119770
divisions (A)(26)(a) and (b) of this section less any reduction	119771
required under division (A)(32) of this section.	119772

(a) The sum of the payments received by the county for	119773
children's services related functions in calendar year 2010 under	119774
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	119775
section 5751.22 of the Revised Code as they existed at that time;	119776

(b) With respect to taxes levied by the county for children's	119777
services related purposes, the taxes charged and payable for such	119778
purposes against all property on the tax list of real and public	119779
utility property for tax year 2009.	119780

(27) "Total resources," in the case of county public health	119781
related functions, means the sum of the amounts in divisions	119782
(A)(27)(a) and (b) of this section less any reduction required	119783
under division (A)(32) of this section.	119784

(a) The sum of the payments received by the county for public	119785
health related functions in calendar year 2010 under division	119786
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	119787
5751.22 of the Revised Code as they existed at that time;	119788

(b) With respect to taxes levied by the county for public	119789
health related purposes, the taxes charged and payable for such	119790
purposes against all property on the tax list of real and public	119791
utility property for tax year 2009.	119792

(28) "Total resources," in the case of all county functions	119793
not included in divisions (A)(24) to (27) of this section, means	119794
the sum of the amounts in divisions (A)(28)(a) to (d) of this	119795
section less any reduction required under division (A)(32) or (33)	119796
of this section.	119797

(a) The sum of the payments received by the county for all	119798
other purposes in calendar year 2010 under division (A)(1) of	119799
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	119800
the Revised Code as they existed at that time;	119801

(b) The county's percentage share of county undivided local	119802
government fund allocations as certified to the tax commissioner	119803
for calendar year 2010 by the county auditor under division (J) of	119804
section 5747.51 of the Revised Code or division (F) of section	119805
5747.53 of the Revised Code multiplied by the total amount	119806
actually distributed in calendar year 2010 from the county	119807
undivided local government fund;	119808

(c) With respect to taxes levied by the county for all other	119809
purposes, the taxes charged and payable for such purposes against	119810
all property on the tax list of real and public utility property	119811
for tax year 2009, excluding taxes charged and payable for the	119812
purpose of paying debt charges;	119813

(d) The sum of the amounts distributed to the county in	119814
calendar year 2010 for the taxes levied pursuant to sections	119815
5739.021 and 5741.021 of the Revised Code.	119816

(29) "Total resources," in the case of a municipal	119817
corporation, means the sum of the amounts in divisions (A)(29)(a)	119818
to (g) of this section less any reduction required under division	119819
(A)(32) or (33) of this section.	119820

(a) The sum of the payments received by the municipal	119821
corporation in calendar year 2010 for current expense levy losses	119822
under division (A)(1) of section 5727.86 and divisions (A)(1) and	119823
(2) of section 5751.22 of the Revised Code as they existed at that	119824
time;	119825

(b) The municipal corporation's percentage share of county	119826
undivided local government fund allocations as certified to the	119827
tax commissioner for calendar year 2010 by the county auditor	119828
under division (J) of section 5747.51 of the Revised Code or	119829
division (F) of section 5747.53 of the Revised Code multiplied by	119830
the total amount actually distributed in calendar year 2010 from	119831
the county undivided local government fund;	119832

(c) The sum of the amounts distributed to the municipal	119833
corporation in calendar year 2010 pursuant to section 5747.50 of	119834
the Revised Code;	119835

(d) With respect to taxes levied by the municipal	119836
corporation, the taxes charged and payable against all property on	119837
the tax list of real and public utility property for current	119838
expenses, defined in division (A)(35) of this section, for tax	119839
year 2009;	119840

(e) The amount of admissions tax collected by the municipal	119841
corporation in calendar year 2008, or if such information has not	119842
yet been reported to the tax commissioner, in the most recent year	119843
before 2008 for which the municipal corporation has reported data	119844
to the commissioner;	119845

(f) The amount of income taxes collected by the municipal	119846
corporation in calendar year 2008, or if such information has not	119847
yet been reported to the tax commissioner, in the most recent year	119848
before 2008 for which the municipal corporation has reported data	119849
to the commissioner;	119850

(g) The municipal corporation's median estate tax	119851
collections.	119852

(30) "Total resources," in the case of a township, means the	119853
sum of the amounts in divisions (A)(30)(a) to (c) of this section	119854
less any reduction required under division (A)(32) or (33) of this	119855
section.	119856

(a) The sum of the payments received by the township in	119857
calendar year 2010 pursuant to division (A)(1) of section 5727.86	119858
of the Revised Code and divisions (A)(1) and (2) of section	119859
5751.22 of the Revised Code as they existed at that time,	119860
excluding payments received for debt purposes;	119861

(b) The township's percentage share of county undivided local	119862
government fund allocations as certified to the tax commissioner	119863
for calendar year 2010 by the county auditor under division (J) of	119864
section 5747.51 of the Revised Code or division (F) of section	119865
5747.53 of the Revised Code multiplied by the total amount	119866
actually distributed in calendar year 2010 from the county	119867
undivided local government fund;	119868

(c) With respect to taxes levied by the township, the taxes	119869
charged and payable against all property on the tax list of real	119870
and public utility property for tax year 2009 excluding taxes	119871
charged and payable for the purpose of paying debt charges.	119872

(31) "Total resources," in the case of a local taxing unit	119873
that is not a county, municipal corporation, or township, means	119874
the sum of the amounts in divisions (A)(31)(a) to (e) of this	119875
section less any reduction required under division (A)(32) of this	119876
section.	119877

(a) The sum of the payments received by the local taxing unit	119878
in calendar year 2010 pursuant to division (A)(1) of section	119879
5727.86 of the Revised Code and divisions (A)(1) and (2) of	119880
section 5751.22 of the Revised Code as they existed at that time;	119881

(b) The local taxing unit's percentage share of county	119882
undivided local government fund allocations as certified to the	119883
tax commissioner for calendar year 2010 by the county auditor	119884
under division (J) of section 5747.51 of the Revised Code or	119885
division (F) of section 5747.53 of the Revised Code multiplied by	119886
the total amount actually distributed in calendar year 2010 from	119887
the county undivided local government fund;	119888

(c) With respect to taxes levied by the local taxing unit,	119889
the taxes charged and payable against all property on the tax list	119890
of real and public utility property for tax year 2009 excluding	119891
taxes charged and payable for the purpose of paying debt charges;	119892

(d) The amount received from the tax commissioner during	119893
calendar year 2010 for sales or use taxes authorized under	119894
sections 5739.023 and 5741.022 of the Revised Code;	119895

(e) For institutions of higher education receiving tax	119896
revenue from a local levy, as identified in section 3358.02 of the	119897
Revised Code, the final state share of instruction allocation for	119898
fiscal year 2010 as calculated by the board of regents and	119899
reported to the state controlling board.	119900

(32) If a fixed-rate levy that is a qualifying levy is not	119901
charged and payable in any year after tax year 2010, "total	119902
resources" used to compute payments to be made under division	119903
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	119904
5751.22 of the Revised Code in the tax years following the last	119905
year the levy is charged and payable shall be reduced to the	119906
extent that the payments are attributable to the fixed-rate levy	119907
loss of that levy as would be computed under division (C)(2) of	119908
section 5727.85, division (A)(1) of section 5727.85, divisions	119909
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	119910
5751.22 of the Revised Code.	119911

(33) In the case of a county, municipal corporation, school	119912
district, or township with fixed-rate levy losses attributable to	119913
a tax levied under section 5705.23 of the Revised Code, "total	119914
resources" used to compute payments to be made under division	119915
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	119916
division (C)(12) of section 5751.21, or division (A)(1)(c) of	119917
section 5751.22 of the Revised Code shall be reduced by the	119918
amounts described in divisions (A)(34)(a) to (c) of this section	119919
to the extent that those amounts were included in calculating the	119920
"total resources" of the school district or local taxing unit	119921
under division (A)(22), (28), (29), or (30) of this section.	119922

(34) "Total library resources," in the case of a county,	119923
municipal corporation, school district, or township public library	119924
that receives the proceeds of a tax levied under section 5705.23	119925
of the Revised Code, means the sum of the amounts in divisions	119926
(A)(34)(a) to (c) of this section less any reduction required	119927
under division (A)(32) of this section.	119928

(a) The sum of the payments received by the county, municipal	119929
corporation, school district, or township public library in	119930
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	119931
Revised Code, as they existed at that time, for fixed-rate levy	119932
losses attributable to a tax levied under section 5705.23 of the	119933
Revised Code for the benefit of the public library;	119934

(b) The public library's percentage share of county undivided	119935
local government fund allocations as certified to the tax	119936
commissioner for calendar year 2010 by the county auditor under	119937
division (J) of section 5747.51 of the Revised Code or division	119938
(F) of section 5747.53 of the Revised Code multiplied by the total	119939
amount actually distributed in calendar year 2010 from the county	119940
undivided local government fund;	119941

(c) With respect to a tax levied pursuant to section 5705.23	119942
of the Revised Code for the benefit of the public library, the	119943
amount of such tax that is charged and payable against all	119944
property on the tax list of real and public utility property for	119945
tax year 2009 excluding any tax that is charged and payable for	119946
the purpose of paying debt charges.	119947

(35) "Municipal current expense property tax levies" means	119948
all property tax levies of a municipality, except those with the	119949
following levy names: airport resurfacing; bond or any levy name	119950
including the word "bond"; capital improvement or any levy name	119951
including the word "capital"; debt or any levy name including the	119952
word "debt"; equipment or any levy name including the word	119953
"equipment," unless the levy is for combined operating and	119954
equipment; employee termination fund; fire pension or any levy	119955
containing the word "pension," including police pensions;	119956
fireman's fund or any practically similar name; sinking fund; road	119957
improvements or any levy containing the word "road"; fire truck or	119958
apparatus; flood or any levy containing the word "flood";	119959
conservancy district; county health; note retirement; sewage, or	119960
any levy containing the words "sewage" or "sewer"; park	119961
improvement; parkland acquisition; storm drain; street or any levy	119962
name containing the word "street"; lighting, or any levy name	119963
containing the word "lighting"; and water.	119964

(36) "Current expense TPP allocation" means, in the case of a	119965
school district or joint vocational school district, the sum of	119966
the payments received by the school district in fiscal year 2011	119967
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	119968
Revised Code to the extent paid for current expense levies. In the	119969
case of a municipal corporation, "current expense TPP allocation"	119970
means the sum of the payments received by the municipal	119971
corporation in calendar year 2010 pursuant to divisions (A)(1) and	119972
(2) of section 5751.22 of the Revised Code to the extent paid for	119973
municipal current expense property tax levies as defined in	119974
division (A)(35) of this section, excluding any such payments	119975
received for current expense levy losses attributable to a tax	119976
levied under section 5705.23 of the Revised Code. If a fixed-rate	119977
levy that is a qualifying levy is not charged and payable in any	119978
year after tax year 2010, "current expense TPP allocation" used to	119979
compute payments to be made under division (C)(12) of section	119980
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	119981
Revised Code in the tax years following the last year the levy is	119982
charged and payable shall be reduced to the extent that the	119983
payments are attributable to the fixed-rate levy loss of that levy	119984
as would be computed under divisions (C)(10) and (11) of section	119985
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	119986

(37) "TPP allocation" means the sum of payments received by a	119987
local taxing unit in calendar year 2010 pursuant to divisions	119988
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	119989
any such payments received for fixed-rate levy losses attributable	119990
to a tax levied under section 5705.23 of the Revised Code. If a	119991
fixed-rate levy that is a qualifying levy is not charged and	119992
payable in any year after tax year 2010, "TPP allocation" used to	119993
compute payments to be made under division (A)(1)(b) or (c) of	119994
section 5751.22 of the Revised Code in the tax years following the	119995
last year the levy is charged and payable shall be reduced to the	119996
extent that the payments are attributable to the fixed-rate levy	119997
loss of that levy as would be computed under division (A)(1) of	119998
that section.	119999

(38) "Total TPP allocation" means, in the case of a school	120000
district or joint vocational school district, the sum of the	120001
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	120002
and (11) and (D) of section 5751.21 of the Revised Code. In the	120003
case of a local taxing unit, "total TPP allocation" means the sum	120004
of payments received by the unit in calendar year 2010 pursuant to	120005
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	120006
Code. If a fixed-rate levy that is a qualifying levy is not	120007
charged and payable in any year after tax year 2010, "total TPP	120008
allocation" used to compute payments to be made under division	120009
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	120010
5751.22 of the Revised Code in the tax years following the last	120011
year the levy is charged and payable shall be reduced to the	120012
extent that the payments are attributable to the fixed-rate levy	120013
loss of that levy as would be computed under divisions (C)(10) and	120014
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	120015
the Revised Code.	120016

(39) "Non-current expense TPP allocation" means the	120017
difference of total TPP allocation minus the sum of current	120018
expense TPP allocation and the portion of total TPP allocation	120019
constituting reimbursement for debt levies, pursuant to division	120020
(D) of section 5751.21 of the Revised Code in the case of a school	120021
district or joint vocational school district and pursuant to	120022
division (A)(3) of section 5751.22 of the Revised Code in the case	120023
of a municipal corporation.	120024

(40) "TPP allocation for library purposes" means the sum of	120025
payments received by a county, municipal corporation, school	120026
district, or township public library in calendar year 2010	120027
pursuant to section 5751.22 of the Revised Code for fixed-rate	120028
levy losses attributable to a tax levied under section 5705.23 of	120029
the Revised Code. If a fixed-rate levy authorized under section	120030
5705.23 of the Revised Code that is a qualifying levy is not	120031
charged and payable in any year after tax year 2010, "TPP	120032
allocation for library purposes" used to compute payments to be	120033
made under division (A)(1)(d) of section 5751.22 of the Revised	120034
Code in the tax years following the last year the levy is charged	120035
and payable shall be reduced to the extent that the payments are	120036
attributable to the fixed-rate levy loss of that levy as would be	120037
computed under division (A)(1) of section 5751.22 of the Revised	120038
Code.	120039

(41) "Threshold per cent" means, in the case of a school	120040
district or joint vocational school district, two per cent for	120041
fiscal year 2012 and four per cent for fiscal years 2013 and	120042
thereafter. In the case of a local taxing unit or public library	120043
that receives the proceeds of a tax levied under section 5705.23	120044
of the Revised Code, "threshold per cent" means two per cent for	120045
tax year 2011, four per cent for tax year 2012, and six per cent	120046
for tax years 2013 and thereafter.	120047

(B)(1) The commercial activities tax receipts fund is hereby	120048
created in the state treasury and shall consist of money arising	120049
from the tax imposed under this chapter. Eighty-five	120050
one-hundredths of one per cent of the money credited to that fund	120051
shall be credited to the revenue enhancement fund and shall be	120052
used to defray the costs incurred by the department of taxation in	120053
administering the tax imposed by this chapter and in implementing	120054
tax reform measures. The remainder of the money in the commercial	120055
activities tax receipts fund shall first be credited to the	120056
commercial activity tax motor fuel receipts fund, pursuant to	120057
division (B)(2) of this section, and the remainder shall be	120058
credited in the following percentages each fiscal year to the	120059
general revenue fund, to the school district tangible property tax	120060
replacement fund, which is hereby created in the state treasury	120061
for the purpose of making the payments described in section	120062
5751.21 of the Revised Code, and to the local government tangible	120063
property tax replacement fund, which is hereby created in the	120064
state treasury for the purpose of making the payments described in	120065
section 5751.22 of the Revised Code, in the following percentages:	120066

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	120067
2006	67.7%	22.6%	9.7%	120068
2007	0%	70.0%	30.0%	120069
2008	0%	70.0%	30.0%	120070
2009	0%	70.0%	30.0%	120071
2010	0%	70.0%	30.0%	120072
2011	0%	70.0%	30.0%	120073
2012	25.0%	52.5%	22.5%	120074
2013 and thereafter	50.0%	35.0%	15.0%	120075

(2) Not later than the twentieth day of February, May,	120076
August, and November of each year, the commissioner shall provide	120077
for payment from the commercial activities tax receipts fund to	120078
the commercial activity tax motor fuel receipts fund an amount	120079
that bears the same ratio to the balance in the commercial	120080
activities tax receipts fund that (a) the taxable gross receipts	120081
attributed to motor fuel used for propelling vehicles on public	120082
highways as indicated by returns filed by the tenth day of that	120083
month for a liability that is due and payable on or after July 1,	120084
2013, bears to (b) all taxable gross receipts as indicated by	120085
those returns for such liabilities.	120086

(C) Not later than September 15, 2005, the tax commissioner	120087
shall determine for each school district, joint vocational school	120088
district, and local taxing unit its machinery and equipment,	120089
inventory property, furniture and fixtures property, and telephone	120090
property tax value losses, which are the applicable amounts	120091
described in divisions (C)(1), (2), (3), and (4) of this section,	120092
except as provided in division (C)(5) of this section:	120093

(1) Machinery and equipment property tax value loss is the	120094
taxable value of machinery and equipment property as reported by	120095
taxpayers for tax year 2004 multiplied by:	120096

(a) For tax year 2006, thirty-three and eight-tenths per	120097
cent;	120098

(b) For tax year 2007, sixty-one and three-tenths per cent;

120099

120100

(d) For tax year 2009 and thereafter, one hundred per cent.

120101

(2) Inventory property tax value loss is the taxable value of	120102
inventory property as reported by taxpayers for tax year 2004	120103
multiplied by:	120104

(a) For tax year 2006, a fraction, the numerator of which is	120105
five and three-fourths and the denominator of which is	120106
twenty-three;	120107

(b) For tax year 2007, a fraction, the numerator of which is	120108
nine and one-half and the denominator of which is twenty-three;	120109

(c) For tax year 2008, a fraction, the numerator of which is	120110
thirteen and one-fourth and the denominator of which is	120111
twenty-three;	120112

(d) For tax year 2009 and thereafter a fraction, the	120113
numerator of which is seventeen and the denominator of which is	120114
twenty-three.	120115

(3) Furniture and fixtures property tax value loss is the	120116
taxable value of furniture and fixture property as reported by	120117
taxpayers for tax year 2004 multiplied by:	120118

(a) For tax year 2006, twenty-five per cent;

120119

(b) For tax year 2007, fifty per cent;

120120

120121

(d) For tax year 2009 and thereafter, one hundred per cent.

120122

The taxable value of property reported by taxpayers used in	120123
divisions (C)(1), (2), and (3) of this section shall be such	120124
values as determined to be final by the tax commissioner as of	120125
August 31, 2005. Such determinations shall be final except for any	120126
correction of a clerical error that was made prior to August 31,	120127
2005, by the tax commissioner.	120128

(4) Telephone property tax value loss is the taxable value of	120129
telephone property as taxpayers would have reported that property	120130
for tax year 2004 if the assessment rate for all telephone	120131
property for that year were twenty-five per cent, multiplied by:	120132

(a) For tax year 2006, zero per cent;

120133

(b) For tax year 2007, zero per cent;

120134

120135

(d) For tax year 2009, sixty per cent;

120136

(e) For tax year 2010, eighty per cent;

120137

(f) For tax year 2011 and thereafter, one hundred per cent.

120138

(5) Division (C)(5) of this section applies to any school	120139
district, joint vocational school district, or local taxing unit	120140
in a county in which is located a facility currently or formerly	120141
devoted to the enrichment or commercialization of uranium or	120142
uranium products, and for which the total taxable value of	120143
property listed on the general tax list of personal property for	120144
any tax year from tax year 2001 to tax year 2004 was fifty per	120145
cent or less of the taxable value of such property listed on the	120146
general tax list of personal property for the next preceding tax	120147
year.	120148

In computing the fixed-rate levy losses under divisions	120149
(D)(1), (2), and (3) of this section for any school district,	120150
joint vocational school district, or local taxing unit to which	120151
division (C)(5) of this section applies, the taxable value of such	120152
property as listed on the general tax list of personal property	120153
for tax year 2000 shall be substituted for the taxable value of	120154
such property as reported by taxpayers for tax year 2004, in the	120155
taxing district containing the uranium facility, if the taxable	120156
value listed for tax year 2000 is greater than the taxable value	120157
reported by taxpayers for tax year 2004. For the purpose of making	120158
the computations under divisions (D)(1), (2), and (3) of this	120159
section, the tax year 2000 valuation is to be allocated to	120160
machinery and equipment, inventory, and furniture and fixtures	120161
property in the same proportions as the tax year 2004 values. For	120162
the purpose of the calculations in division (A) of section 5751.21	120163
of the Revised Code, the tax year 2004 taxable values shall be	120164
used.	120165

To facilitate the calculations required under division (C) of	120166
this section, the county auditor, upon request from the tax	120167
commissioner, shall provide by August 1, 2005, the values of	120168
machinery and equipment, inventory, and furniture and fixtures for	120169
all single-county personal property taxpayers for tax year 2004.	120170

(D) Not later than September 15, 2005, the tax commissioner	120171
shall determine for each tax year from 2006 through 2009 for each	120172
school district, joint vocational school district, and local	120173
taxing unit its machinery and equipment, inventory, and furniture	120174
and fixtures fixed-rate levy losses, and for each tax year from	120175
2006 through 2011 its telephone property fixed-rate levy loss.	120176
Except as provided in division (F) of this section, such losses	120177
are the applicable amounts described in divisions (D)(1), (2),	120178
(3), and (4) of this section:	120179

(1) The machinery and equipment fixed-rate levy loss is the	120180
machinery and equipment property tax value loss multiplied by the	120181
sum of the tax rates of fixed-rate qualifying levies.	120182

(2) The inventory fixed-rate loss is the inventory property	120183
tax value loss multiplied by the sum of the tax rates of	120184
fixed-rate qualifying levies.	120185

(3) The furniture and fixtures fixed-rate levy loss is the	120186
furniture and fixture property tax value loss multiplied by the	120187
sum of the tax rates of fixed-rate qualifying levies.	120188

(4) The telephone property fixed-rate levy loss is the	120189
telephone property tax value loss multiplied by the sum of the tax	120190
rates of fixed-rate qualifying levies.	120191

(E) Not later than September 15, 2005, the tax commissioner	120192
shall determine for each school district, joint vocational school	120193
district, and local taxing unit its fixed-sum levy loss. The	120194
fixed-sum levy loss is the amount obtained by subtracting the	120195
amount described in division (E)(2) of this section from the	120196
amount described in division (E)(1) of this section:	120197

(1) The sum of the machinery and equipment property tax value	120198
loss, the inventory property tax value loss, and the furniture and	120199
fixtures property tax value loss, and, for 2008 through 2010, the	120200
telephone property tax value loss of the district or unit	120201
multiplied by the sum of the fixed-sum tax rates of qualifying	120202
levies. For 2006 through 2010, this computation shall include all	120203
qualifying levies remaining in effect for the current tax year and	120204
any school district levies charged and payable under section	120205
5705.194 or 5705.213 of the Revised Code that are qualifying	120206
levies not remaining in effect for the current year. For 2011	120207
through 2017 in the case of school district levies charged and	120208
payable under section 5705.194 or 5705.213 of the Revised Code and	120209
for all years after 2010 in the case of other fixed-sum levies,	120210
this computation shall include only qualifying levies remaining in	120211
effect for the current year. For purposes of this computation, a	120212
qualifying school district levy charged and payable under section	120213
5705.194 or 5705.213 of the Revised Code remains in effect in a	120214
year after 2010 only if, for that year, the board of education	120215
levies a school district levy charged and payable under section	120216
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	120217
an annual sum at least equal to the annual sum levied by the board	120218
in tax year 2004 less the amount of the payment certified under	120219
this division for 2006.	120220

(2) The total taxable value in tax year 2004 less the sum of	120221
the machinery and equipment, inventory, furniture and fixtures,	120222
and telephone property tax value losses in each school district,	120223
joint vocational school district, and local taxing unit multiplied	120224
by one-half of one mill per dollar.	120225

(3) For the calculations in divisions (E)(1) and (2) of this	120226
section, the tax value losses are those that would be calculated	120227
for tax year 2009 under divisions (C)(1), (2), and (3) of this	120228
section and for tax year 2011 under division (C)(4) of this	120229
section.	120230

(4) To facilitate the calculation under divisions (D) and (E)	120231
of this section, not later than September 1, 2005, any school	120232
district, joint vocational school district, or local taxing unit	120233
that has a qualifying levy that was approved at an election	120234
conducted during 2005 before September 1, 2005, shall certify to	120235
the tax commissioner a copy of the county auditor's certificate of	120236
estimated property tax millage for such levy as required under	120237
division (B) of section 5705.03 of the Revised Code, which is the	120238
rate that shall be used in the calculations under such divisions.	120239

If the amount determined under division (E) of this section	120240
for any school district, joint vocational school district, or	120241
local taxing unit is greater than zero, that amount shall equal	120242
the reimbursement to be paid pursuant to division (E) of section	120243
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	120244
and the one-half of one mill that is subtracted under division	120245
(E)(2) of this section shall be apportioned among all contributing	120246
fixed-sum levies in the proportion that each levy bears to the sum	120247
of all fixed-sum levies within each school district, joint	120248
vocational school district, or local taxing unit.	120249

(F) If a school district levies a tax under section 5705.219	120250
of the Revised Code, the fixed-rate levy loss for qualifying	120251
levies, to the extent repealed under that section, shall equal the	120252
sum of the following amounts in lieu of the amounts computed for	120253
such levies under division (D) of this section:	120254

(1) The sum of the rates of qualifying levies to the extent	120255
so repealed multiplied by the sum of the machinery and equipment,	120256
inventory, and furniture and fixtures tax value losses for 2009 as	120257
determined under that division;	120258

(2) The sum of the rates of qualifying levies to the extent	120259
so repealed multiplied by the telephone property tax value loss	120260
for 2011 as determined under that division.	120261

The fixed-rate levy losses for qualifying levies to the	120262
extent not repealed under section 5705.219 of the Revised Code	120263
shall be as determined under division (D) of this section. The	120264
revised fixed-rate levy losses determined under this division and	120265
division (D) of this section first apply in the year following the	120266
first year the district levies the tax under section 5705.219 of	120267
the Revised Code.	120268

(G) Not later than October 1, 2005, the tax commissioner	120269
shall certify to the department of education for every school	120270
district and joint vocational school district the machinery and	120271
equipment, inventory, furniture and fixtures, and telephone	120272
property tax value losses determined under division (C) of this	120273
section, the machinery and equipment, inventory, furniture and	120274
fixtures, and telephone fixed-rate levy losses determined under	120275
division (D) of this section, and the fixed-sum levy losses	120276
calculated under division (E) of this section. The calculations	120277
under divisions (D) and (E) of this section shall separately	120278
display the levy loss for each levy eligible for reimbursement.	120279

(H) Not later than October 1, 2005, the tax commissioner	120280
shall certify the amount of the fixed-sum levy losses to the	120281
county auditor of each county in which a school district, joint	120282
vocational school district, or local taxing unit with a fixed-sum	120283
levy loss reimbursement has territory.	120284

(I) Not later than the twenty-eighth day of February each	120285
year beginning in 2011 and ending in 2014, the tax commissioner	120286
shall certify to the department of education for each school	120287
district first levying a tax under section 5705.219 of the Revised	120288
Code in the preceding year the revised fixed-rate levy losses	120289
determined under divisions (D) and (F) of this section.	120290

(J) There is hereby created in the state treasury the	120291
commercial activity tax motor fuel receipts fund.	120292

Sec. 5751.21. (A) Not later than the thirtieth day of July	120293
of 2007 through 2010, the department of education shall consult	120294
with the director of budget and management and determine the	120295
following for each school district and each joint vocational	120296
school district eligible for payment under division (B) of this	120297
section:	120298

(1) The state education aid offset, which, except as provided	120299
in division (A)(1)(c) of this section, is the difference obtained	120300
by subtracting the amount described in division (A)(1)(b) of this	120301
section from the amount described in division (A)(1)(a) of this	120302
section:	120303

(a) The state education aid computed for the school district	120304
or joint vocational school district for the current fiscal year as	120305
of the thirtieth day of July;	120306

(b) The state education aid that would be computed for the	120307
school district or joint vocational school district for the	120308
current fiscal year as of the thirtieth day of July if the	120309
valuation used in the calculation in division (B)(1) of section	120310
3306.13 of the Revised Code as that division existed for fiscal	120311
years 2010 and 2011 included the machinery and equipment,	120312
inventory, furniture and fixtures, and telephone property tax	120313
value losses for the school district or joint vocational school	120314
district for the second preceding tax year, and if taxes charged	120315
and payable associated with the tax value losses are accounted for	120316
in any state education aid computation dependent on taxes charged	120317
and payable.	120318

(c) The state education aid offset for fiscal year 2010 and	120319
fiscal year 2011 equals the greater of the state education aid	120320
offset calculated for that fiscal year under divisions (A)(1)(a)	120321
and (b) of this section and the state education aid offset	120322
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	120323
the state education aid offset equals the state education aid	120324
offset for fiscal year 2011.	120325

(2) For fiscal years 2008 through 2011, the greater of zero	120326
or the difference obtained by subtracting the state education aid	120327
offset determined under division (A)(1) of this section from the	120328
sum of the machinery and equipment fixed-rate levy loss, the	120329
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	120330
levy loss, and telephone property fixed-rate levy loss certified	120331
under divisions (G) and (I) of section 5751.20 of the Revised Code	120332
for all taxing districts in each school district and joint	120333
vocational school district for the second preceding tax year.	120334

By the thirtieth day of July of each such year, the	120335
department of education and the director of budget and management	120336
shall agree upon the amount to be determined under division (A)(1)	120337
of this section.	120338

(B) On or before the thirty-first day of August of 2008,	120339
2009, and 2010, the department of education shall recalculate the	120340
offset described under division (A) of this section for the	120341
previous fiscal year and recalculate the payments made under	120342
division (C) of this section in the preceding fiscal year using	120343
the offset calculated under this division. If the payments	120344
calculated under this division differ from the payments made under	120345
division (C) of this section in the preceding fiscal year, the	120346
difference shall either be paid to a school district or recaptured	120347
from a school district through an adjustment at the same times	120348
during the current fiscal year that the payments under division	120349
(C) of this section are made. In August and October of the current	120350
fiscal year, the amount of each adjustment shall be three-sevenths	120351
of the amount calculated under this division. In May of the	120352
current fiscal year, the adjustment shall be one-seventh of the	120353
amount calculated under this division.	120354

(C) The department of education shall pay from the school	120355
district tangible property tax replacement fund to each school	120356
district and joint vocational school district all of the following	120357
for fixed-rate levy losses certified under divisions (G) and (I)	120358
of section 5751.20 of the Revised Code:	120359

(1) On or before May 31, 2006, one-seventh of the total	120360
fixed-rate levy loss for tax year 2006;	120361

(2) On or before August 31, 2006, and October 31, 2006,	120362
one-half of six-sevenths of the total fixed-rate levy loss for tax	120363
year 2006;	120364

(3) On or before May 31, 2007, one-seventh of the total	120365
fixed-rate levy loss for tax year 2007;	120366

(4) On or before August 31, 2007, and October 31, 2007,	120367
forty-three per cent of the amount determined under division	120368
(A)(2) of this section for fiscal year 2008, but not less than	120369
zero, plus one-half of six-sevenths of the difference between the	120370
total fixed-rate levy loss for tax year 2007 and the total	120371
fixed-rate levy loss for tax year 2006.	120372

(5) On or before May 31, 2008, fourteen per cent of the	120373
amount determined under division (A)(2) of this section for fiscal	120374
year 2008, but not less than zero, plus one-seventh of the	120375
difference between the total fixed-rate levy loss for tax year	120376
2008 and the total fixed-rate levy loss for tax year 2006.	120377

(6) On or before August 31, 2008, and October 31, 2008,	120378
forty-three per cent of the amount determined under division	120379
(A)(2) of this section for fiscal year 2009, but not less than	120380
zero, plus one-half of six-sevenths of the difference between the	120381
total fixed-rate levy loss in tax year 2008 and the total	120382
fixed-rate levy loss in tax year 2007.	120383

(7) On or before May 31, 2009, fourteen per cent of the	120384
amount determined under division (A)(2) of this section for fiscal	120385
year 2009, but not less than zero, plus one-seventh of the	120386
difference between the total fixed-rate levy loss for tax year	120387
2009 and the total fixed-rate levy loss for tax year 2007.	120388

(8) On or before August 31, 2009, and October 31, 2009,	120389
forty-three per cent of the amount determined under division	120390
(A)(2) of this section for fiscal year 2010, but not less than	120391
zero, plus one-half of six-sevenths of the difference between the	120392
total fixed-rate levy loss in tax year 2009 and the total	120393
fixed-rate levy loss in tax year 2008.	120394

(9) On or before May 31, 2010, fourteen per cent of the	120395
amount determined under division (A)(2) of this section for fiscal	120396
year 2010, but not less than zero, plus one-seventh of the	120397
difference between the total fixed-rate levy loss in tax year 2010	120398
and the total fixed-rate levy loss in tax year 2008.	120399

(10) On or before August 31, 2010, and October 31, 2010,	120400
forty-three per cent of the amount determined under division	120401
(A)(2) of this section for fiscal year 2011, but not less than	120402
zero, plus one-half of six-sevenths of the difference between the	120403
telephone property fixed-rate levy loss for tax year 2010 and the	120404
telephone property fixed-rate levy loss for tax year 2009.	120405

(11) On or before May 31, 2011, fourteen per cent of the	120406
amount determined under division (A)(2) of this section for fiscal	120407
year 2011, but not less than zero, plus one-seventh of the	120408
difference between the telephone property fixed-rate levy loss for	120409
tax year 2011 and the telephone property fixed-rate levy loss for	120410
tax year 2009.	120411

(12) For fiscal years 2012 and thereafter, the sum of the	120412
amounts in divisions (C)(12)(a) or (b) and (c) of this section	120413
shall be paid on or before the ~~twentieth~~last day of November and	120414
the last day of May:	120415

(a) If the ratio of current expense TPP allocation to total	120416
resources is equal to or less than the threshold per cent, zero;	120417

(b) If the ratio of current expense TPP allocation to total	120418
resources is greater than the threshold per cent, fifty per cent	120419
of the difference of current expense TPP allocation minus the	120420
product of total resources multiplied by the threshold per cent;	120421

(c) Fifty per cent of the product of non-current expense TPP	120422
allocation multiplied by seventy-five per cent for fiscal year	120423
2012 and fifty per cent for fiscal years 2013 and thereafter.	120424

The department of education shall report to each school	120425
district and joint vocational school district the apportionment of	120426
the payments among the school district's or joint vocational	120427
school district's funds based on the certifications under	120428
divisions (G) and (I) of section 5751.20 of the Revised Code.	120429

(D) For taxes levied within the ten-mill limitation for debt	120430
purposes in tax year 2005, payments shall be made equal to one	120431
hundred per cent of the loss computed as if the tax were a	120432
fixed-rate levy, but those payments shall extend from fiscal year	120433
2006 through fiscal year 2018, as long as the qualifying levy	120434
continues to be used for debt purposes. If the purpose of such a	120435
qualifying levy is changed, that levy becomes subject to the	120436
payments determined in division (C) of this section.	120437

(E)(1) Not later than January 1, 2006, for each fixed-sum	120438
levy of each school district or joint vocational school district	120439
and for each year for which a determination is made under division	120440
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	120441
loss is to be reimbursed, the tax commissioner shall certify to	120442
the department of education the fixed-sum levy loss determined	120443
under that division. The certification shall cover a time period	120444
sufficient to include all fixed-sum levies for which the	120445
commissioner made such a determination. On or before the last day	120446
of May of the current year, the department shall pay from the	120447
school district property tax replacement fund to the school	120448
district or joint vocational school district one-third of the	120449
fixed-sum levy loss so certified, plus one-third of the amount	120450
certified under division (I) of section 5751.20 of the Revised	120451
Code, and on or before the ~~twentieth~~last day of November,	120452
two-thirds of the fixed-sum levy loss so certified, plus	120453
two-thirds of the amount certified under division (I) of section	120454
5751.20 of the Revised Code. Payments under this division of the	120455
amounts certified under division (I) of section 5751.20 of the	120456
Revised Code shall continue until the levy adopted under section	120457
5705.219 of the Revised Code expires.	120458

(2) Beginning in 2006, by the first day of January of each	120459
year, the tax commissioner shall review the certification	120460
originally made under division (E)(1) of this section. If the	120461
commissioner determines that a debt levy that had been scheduled	120462
to be reimbursed in the current year has expired, a revised	120463
certification for that and all subsequent years shall be made to	120464
the department of education.	120465

(F) Beginning in September 2007 and through June 2013, the	120466
director of budget and management shall transfer from the school	120467
district tangible property tax replacement fund to the general	120468
revenue fund each of the following:	120469

(1) On the first day of September, one-fourth of the amount	120470
determined for that fiscal year under division (A)(1) of this	120471
section;	120472

(2) On the first day of December, one-fourth of the amount	120473
determined for that fiscal year under division (A)(1) of this	120474
section;	120475

(3) On the first day of March, one-fourth of the amount	120476
determined for that fiscal year under division (A)(1) of this	120477
section;	120478

(4) On the first day of June, one-fourth of the amount	120479
determined for that fiscal year under division (A)(1) of this	120480
section.	120481

If, when a transfer is required under division (F)(1), (2),	120482
(3), or (4) of this section, there is not sufficient money in the	120483
school district tangible property tax replacement fund to make the	120484
transfer in the required amount, the director shall transfer the	120485
balance in the fund to the general revenue fund and may make	120486
additional transfers on later dates as determined by the director	120487
in a total amount that does not exceed one-fourth of the amount	120488
determined for the fiscal year.	120489

(G) If the total amount in the school district tangible	120490
property tax replacement fund is insufficient to make all payments	120491
under divisions (C), (D), and (E) of this section at the times the	120492
payments are to be made, the director of budget and management	120493
shall transfer from the general revenue fund to the school	120494
district tangible property tax replacement fund the difference	120495
between the total amount to be paid and the amount in the school	120496
district tangible property tax replacement fund.	120497

(H) On the fifteenth day of June of each year, the director	120498
of budget and management may transfer any balance in the school	120499
district tangible property tax replacement fund to the general	120500
revenue fund.	120501

(I) If all of the territory of a school district or joint	120502
vocational school district is merged with another district, or if	120503
a part of the territory of a school district or joint vocational	120504
school district is transferred to an existing or newly created	120505
district, the department of education, in consultation with the	120506
tax commissioner, shall adjust the payments made under this	120507
section as follows:	120508

(1) For a merger of two or more districts, the fixed-sum levy	120509
losses, total resources, current expense TPP allocation, total TPP	120510
allocation, and non-current expense TPP allocation of the	120511
successor district shall be the sum of such items for each of the	120512
districts involved in the merger.	120513

(2) If property is transferred from one district to a	120514
previously existing district, the amount of total resources,	120515
current expense TPP allocation, total TPP allocation, and	120516
non-current expense TPP allocation that shall be transferred to	120517
the recipient district shall be an amount equal to total	120518
resources, current expense TPP allocation, total TPP allocation,	120519
and non-current expense TPP allocation of the transferor district	120520
times a fraction, the numerator of which is the number of pupils	120521
being transferred to the recipient district, measured, in the case	120522
of a school district, by average daily membership as reported	120523
under division (A) of section 3317.03 of the Revised Code or, in	120524
the case of a joint vocational school district, by formula ADM as	120525
reported in division (D) of that section, and the denominator of	120526
which is the average daily membership or formula ADM of the	120527
transferor district.	120528

(3) After December 31, 2010, if property is transferred from	120529
one or more districts to a district that is newly created out of	120530
the transferred property, the newly created district shall be	120531
deemed not to have any total resources, current expense TPP	120532
allocation, total TPP allocation, or non-current expense TPP	120533
allocation.	120534

(4) If the recipient district under division (I)(2) of this	120535
section or the newly created district under division (I)(3) of	120536
this section is assuming debt from one or more of the districts	120537
from which the property was transferred and any of the districts	120538
losing the property had fixed-sum levy losses, the department of	120539
education, in consultation with the tax commissioner, shall make	120540
an equitable division of the fixed-sum levy loss reimbursements.	120541

Sec. 5753.01. As used in Chapter 5753. of the Revised Code	120542
and for no other purpose under Title LVII of the Revised Code:	120543

(A) "Casino facility" has the same meaning as in section	120544
3772.01 of the Revised Code.	120545

(B) "Casino gaming" has the same meaning as in section	120546
3772.01 of the Revised Code.	120547

(C) "Casino operator" has the same meaning as in section	120548
3772.01 of the Revised Code.	120549

(D) "Gross casino revenue" means the total amount of money	120550
exchanged for the purchase of chips, tokens, tickets, electronic	120551
cards, or similar objects by casino patrons, less winnings paid to	120552
wagerers. "Gross casino revenue" does not include ~~the~~:	120553

(1) The issuance to casino patrons or wagering by casino	120554
patrons of any promotional gaming credit as defined in section	120555
3772.01 of the Revised Code. When issuance of the promotional	120556
gaming credit requires money exchanged as a match from the patron,	120557
the excludible portion of the promotional gaming credit does not	120558
include the portion of the wager purchased by the patron.	120559

(2) Bad debts from receipts on the basis of which the tax	120560
imposed by this chapter was paid in a prior tax period to the	120561
extent not previously excluded. For the purposes of this division,	120562
"bad debts" means any debts that have become worthless or	120563
uncollectible in a prior tax period, have been uncollected for at	120564
least six months, and that may be claimed as a deduction under	120565
section 166 of the Internal Revenue Code and the regulations	120566
adopted under that section, or that could be claimed as such if	120567
the taxpayer kept its accounts on the accrual basis. "Bad debts"	120568
does not include repossessed property, uncollectible amounts on	120569
property that remains in the possession of the casino operator	120570
until the full purchase price is paid, or expenses in attempting	120571
to collect any account receivable or for any portion of the debt	120572
recovered.	120573

(E) "Person" has the same meaning as in section 3772.01 of	120574
the Revised Code.	120575

(F) "Slot machine" has the same meaning as in section 3772.01	120576
of the Revised Code.	120577

(G) "Table game" has the same meaning as in section 3772.01	120578
of the Revised Code.	120579

(H) "Tax period" means one twenty-four-hour period with	120580
regard to which a casino operator is required to pay the tax	120581
levied by this chapter.	120582

Sec. 5753.03. (A) For the purpose of receiving and	120583
distributing, and accounting for, revenue received from the tax	120584
levied by section 5753.02 of the Revised Code, the following funds	120585
are created in the state treasury:	120586

(1) The casino tax revenue fund;

120587

(2) The gross casino revenue county fund;

120588

(3) The gross casino revenue county student fund;

120589

(4) The gross casino revenue host city fund;

120590

(5) The Ohio state racing commission fund;

120591

(6) The Ohio law enforcement training fund;

120592

(7) The problem casino gambling and addictions fund;

120593

(8) The casino control commission fund;

120594

(9) The casino tax administration fund;

120595

(10) The peace officer training academy fund;

120596

(11) The criminal justice services casino tax revenue fund.

120597

(B) All moneys collected from the tax levied under this	120598
chapter shall be deposited into the casino tax revenue fund.	120599

(C) From the casino tax revenue fund the director of budget	120600
and management shall transfer as needed to the tax refund fund	120601
amounts equal to the refunds certified by the tax commissioner	120602
under section 5753.06 of the Revised Code.	120603

(D) After making any transfers required by division (C) of	120604
this section, but not later than the fifteenth day of the month	120605
following the end of each calendar quarter, the director of budget	120606
and management shall transfer amounts to each fund as follows:	120607

(1) Fifty-one per cent to the gross casino revenue county	120608
fund to make payments as required by Section 6(C)(3)(a) of Article	120609
XV, Ohio Constitution;	120610

(2) Thirty-four per cent to the gross casino revenue county	120611
student fund to make payments as required by Section 6(C)(3)(b) of	120612
Article XV, Ohio Constitution and as provided in section 5753.11	120613
of the Revised Code;	120614

(3) Five per cent to the gross casino revenue host city fund	120615
for the benefit of the cities in which casino facilities are	120616
located;	120617

(4) Three per cent to the Ohio state racing commission fund	120618
to support the efforts and activities of the Ohio state racing	120619
commission to promote horse racing in this state at which the	120620
pari-mutuel system of wagering is conducted;	120621

(5) Two per cent to the Ohio law enforcement training fund to	120622
support law enforcement functions in the state;	120623

(6) Two per cent to the problem casino gambling and	120624
addictions fund to support efforts of the department of ~~alcohol~~	120625
~~and drug addiction services~~mental health and addiction services	120626
to alleviate problem gambling and substance abuse and related	120627
research in the state under section ~~3793.032~~5119.47 of the	120628
Revised Code;	120629

(7) Three per cent to the casino control commission fund to	120630
support the operations of the Ohio casino control commission and	120631
to defray the cost of administering the tax levied under section	120632
5753.02 of the Revised Code.	120633

Payments under divisions (D)(1) and (3) of this section shall	120634
be made by the end of the month following the end of the quarterly	120635
period. The tax commissioner shall make the data available to the	120636
director of budget and management for this purpose.	120637

Money in the Ohio state racing commission fund shall be	120638
distributed at the discretion of the Ohio state racing commission	120639
for the purpose stated in division (D)(4) of this section by the	120640
end of the month following the end of the quarterly period. The	120641
commission may retain up to five per cent of the amount	120642
transferred to the fund under division (D)(4) of this section for	120643
operating expenses necessary for the administration of the fund.	120644

Payments from the gross casino revenue county student fund as	120645
required under section 5753.11 of the Revised Code shall be made	120646
by the last day of January and by the last day of August of each	120647
year, beginning in 2013. The tax commissioner shall make the data	120648
available to the director of budget and management for this	120649
purpose.	120650

Of the money credited to the Ohio law enforcement training	120651
fund, the director of budget and management shall distribute	120652
eighty-five per cent of the money to the police officer training	120653
academy fund for the purpose of supporting the law enforcement	120654
training efforts of the Ohio peace officer training academy and	120655
fifteen per cent of the money to the criminal justice services	120656
casino tax revenue fund for the purpose of supporting the law	120657
enforcement training efforts of the division of criminal justice	120658
services.	120659

(E)(1) The tax commissioner shall serve as an agent of the	120660
counties of this state only for the purposes of this division and	120661
solely to make payments directly to municipal corporations and	120662
school districts, as applicable, on the counties' behalf.	120663

(2) On or before the last day of the month following the end	120664
of each calendar quarter, the tax commissioner shall provide for	120665
payment from the funds referenced in divisions (D)(1) and (3) of	120666
this section to each county and municipal corporation as	120667
prescribed in those divisions.	120668

(3) On or before the last day of January and the last day of	120669
August each year, the commissioner shall provide for payments from	120670
the fund referenced in division (D)(2) of this section to each	120671
school district as prescribed in that division.	120672

(F) The director of budget and management shall transfer one	120673
per cent of the money credited to the casino control commission	120674
fund to the casino tax administration fund. The tax commissioner	120675
shall use the casino tax administration fund to defray the costs	120676
incurred in administering the tax levied by this chapter.	120677

(G) All investment earnings of the gross casino revenue	120678
county student fund shall be credited to the fund.	120679

Sec. 5753.07. (A)(1) The tax commissioner may issue an	120680
assessment, based on any information in the tax commissioner's	120681
possession, against a casino operator who fails to pay the tax	120682
levied under section 5753.02 of the Revised Code or to file a	120683
return under section 5753.04 of the Revised Code. The tax	120684
commissioner shall give the casino operator written notice of the	120685
assessment under section 5703.37 of the Revised Code. With the	120686
notice, the tax commissioner shall include instructions on how to	120687
petition for reassessment and on how to request a hearing with	120688
respect to the petition.	120689

(2) Unless the casino operator, within sixty days after	120690
service of the notice of assessment, files with the tax	120691
commissioner, either personally or by certified mail, a written	120692
petition signed by the casino operator, or by the casino	120693
operator's authorized agent who has knowledge of the facts, the	120694
assessment becomes final, and the amount of the assessment is due	120695
and payable from the casino operator to the treasurer of state.	120696
The petition shall indicate the casino operator's objections to	120697
the assessment. Additional objections may be raised in writing if	120698
they are received by the tax commissioner before the date shown on	120699
the final determination.	120700

(3) If a petition for reassessment has been properly filed,	120701
the tax commissioner shall proceed under section 5703.60 of the	120702
Revised Code.	120703

(4) After an assessment becomes final, if any portion of the	120704
assessment, including penalties and accrued interest, remains	120705
unpaid, the tax commissioner may file a certified copy of the	120706
entry making the assessment final in the office of the clerk of	120707
the court of common pleas of Franklin county or in the office of	120708
the clerk of the court of common pleas of the county in which the	120709
casino operator resides, the casino operator's casino facility is	120710
located, or the casino operator's principal place of business in	120711
this state is located. Immediately upon the filing of the entry,	120712
the clerk shall enter a judgment for the state against the	120713
taxpayer assessed in the amount shown on the entry. The judgment	120714
may be filed by the clerk in a loose-leaf book entitled, "special	120715
judgments for the gross casino revenue tax." The judgment has the	120716
same effect as other judgments. Execution shall issue upon the	120717
judgment at the request of the tax commissioner, and all laws	120718
applicable to sales on execution apply to sales made under the	120719
judgment.	120720

(5) ~~The portion of an~~If the assessment is not paid in its	120721
entirety within sixty days after the day the assessment was issued	120722
~~bears~~, the portion of the assessment consisting of tax due shall	120723
bear interest at the rate per annum prescribed by section 5703.47	120724
of the Revised Code from the day the tax commissioner issued the	120725
assessment until the assessment is paid or until it is certified	120726
to the attorney general for collection under section 131.02 of the	120727
Revised Code, whichever comes first. If the unpaid portion of the	120728
assessment is certified to the attorney general for collection,	120729
the entire unpaid portion of the assessment shall bear interest at	120730
the rate per annum prescribed by section 5703.47 of the Revised	120731
Code from the date of certification until the date it is paid in	120732
its entirety. Interest shall be paid in the same manner as the tax	120733
levied under section 5753.02 of the Revised Code and may be	120734
collected by the issuance of an assessment under this section.	120735

(B) If the tax commissioner believes that collection of the	120736
tax levied under section 5753.02 of the Revised Code will be	120737
jeopardized unless proceedings to collect or secure collection of	120738
the tax are instituted without delay, the commissioner may issue a	120739
jeopardy assessment against the casino operator who is liable for	120740
the tax. Immediately upon the issuance of a jeopardy assessment,	120741
the tax commissioner shall file an entry with the clerk of the	120742
court of common pleas in the manner prescribed by division (A)(4)	120743
of this section, and the clerk shall proceed as directed in that	120744
division. Notice of the jeopardy assessment shall be served on the	120745
casino operator or the casino operator's authorized agent under	120746
section 5703.37 of the Revised Code within five days after the	120747
filing of the entry with the clerk. The total amount assessed is	120748
immediately due and payable, unless the casino operator assessed	120749
files a petition for reassessment under division (A)(2) of this	120750
section and provides security in a form satisfactory to the tax	120751
commissioner that is in an amount sufficient to satisfy the unpaid	120752
balance of the assessment. If a petition for reassessment has been	120753
filed, and if satisfactory security has been provided, the tax	120754
commissioner shall proceed under division (A)(3) of this section.	120755
Full or partial payment of the assessment does not prejudice the	120756
tax commissioner's consideration of the petition for reassessment.	120757

(C) The tax commissioner shall immediately forward to the	120758
treasurer of state all amounts the tax commissioner receives under	120759
this section, and the amounts forwarded shall be treated as if	120760
they were revenue arising from the tax levied under section	120761
5753.02 of the Revised Code.	120762

(D) Except as otherwise provided in this division, no	120763
assessment shall be issued against a casino operator for the tax	120764
levied under section 5753.02 of the Revised Code more than four	120765
years after the due date for filing the return for the tax period	120766
for which the tax was reported, or more than four years after the	120767
return for the tax period was filed, whichever is later. This	120768
division does not bar an assessment against a casino operator who	120769
fails to file a return as required by section 5753.04 of the	120770
Revised Code or who files a fraudulent return, or when the casino	120771
operator and the tax commissioner waive in writing the time	120772
limitation.	120773

(E) If the tax commissioner possesses information that	120774
indicates that the amount of tax a casino operator is liable to	120775
pay under section 5753.02 of the Revised Code exceeds the amount	120776
the casino operator paid, the tax commissioner may audit a sample	120777
of the casino operator's gross casino revenue over a	120778
representative period of time to ascertain the amount of tax due,	120779
and may issue an assessment based on the audit. The tax	120780
commissioner shall make a good faith effort to reach agreement	120781
with the casino operator in selecting a representative sample. The	120782
tax commissioner may apply a sampling method only if the tax	120783
commissioner has prescribed the method by rule.	120784

(F) If the whereabouts of a casino operator who is liable for	120785
the tax levied under section 5753.02 of the Revised Code are	120786
unknown to the tax commissioner, the tax commissioner shall	120787
proceed under section 5703.37 of the Revised Code.	120788

(G) If a casino operator fails to pay the tax levied under	120789
section 5753.02 of the Revised Code within a period of one year	120790
after the due date for remitting the tax, the Ohio casino control	120791
commission may suspend the casino operator's license.	120792

Sec. 5815.28. (A) As used in this section:

120793

(1) "Ascertainable standard" includes a standard in a trust	120794
instrument requiring the trustee to provide for the care, comfort,	120795
maintenance, welfare, education, or general well-being of the	120796
beneficiary.	120797

(2) "Disability" means any substantial, medically	120798
determinable impairment that can be expected to result in death or	120799
that has lasted or can be expected to last for a continuous period	120800
of at least twelve months, except that "disability" does not	120801
include an impairment that is the result of abuse of alcohol or	120802
drugs.	120803

(3) "Political subdivision" and "state" have the same	120804
meanings as in section 2744.01 of the Revised Code.	120805

(4) "Supplemental services" means services specified by rule	120806
of the department of ~~mental health~~mental health and addiction	120807
services under section ~~5119.01~~5119.10 of the Revised Code or the	120808
department of developmental disabilities under section 5123.04 of	120809
the Revised Code that are provided to an individual with a	120810
disability in addition to services the individual is eligible to	120811
receive under programs authorized by federal or state law.	120812

(B) Any person may create a trust under this section to	120813
provide funding for supplemental services for the benefit of	120814
another individual who meets either of the following conditions:	120815

(1) The individual has a physical or mental disability and is	120816
eligible to receive services through the department of	120817
developmental disabilities or a county board of developmental	120818
disabilities;	120819

(2) The individual has a mental disability and is eligible to	120820
receive services through the department of ~~mental health~~mental	120821
health and addiction services or a board of alcohol, drug	120822
addiction, and mental health services.	120823

The trust may confer discretion upon the trustee and may	120824
contain specific instructions or conditions governing the exercise	120825
of the discretion.	120826

(C) The general division of the court of common pleas and the	120827
probate court of the county in which the beneficiary of a trust	120828
authorized by division (B) of this section resides or is confined	120829
have concurrent original jurisdiction to hear and determine	120830
actions pertaining to the trust. In any action pertaining to the	120831
trust in a court of common pleas or probate court and in any	120832
appeal of the action, all of the following apply to the trial or	120833
appellate court:	120834

(1) The court shall render determinations consistent with the	120835
testator's or other settlor's intent in creating the trust, as	120836
evidenced by the terms of the trust instrument.	120837

(2) The court may order the trustee to exercise discretion	120838
that the trust instrument confers upon the trustee only if the	120839
instrument contains specific instructions or conditions governing	120840
the exercise of that discretion and the trustee has failed to	120841
comply with the instructions or conditions. In issuing an order	120842
pursuant to this division, the court shall require the trustee to	120843
exercise the trustee's discretion only in accordance with the	120844
instructions or conditions.	120845

(3) The court may order the trustee to maintain the trust and	120846
distribute assets in accordance with rules adopted by the director	120847
of ~~mental health~~mental health and addiction services under	120848
section ~~5119.01~~5119.10 of the Revised Code or the director of	120849
developmental disabilities under section 5123.04 of the Revised	120850
Code if the trustee has failed to comply with such rules.	120851

(D) To the extent permitted by federal law and subject to the	120852
provisions of division (C)(2) of this section pertaining to the	120853
enforcement of specific instructions or conditions governing a	120854
trustee's discretion, a trust authorized by division (B) of this	120855
section that confers discretion upon the trustee shall not be	120856
considered an asset or resource of the beneficiary, the	120857
beneficiary's estate, the settlor, or the settlor's estate and	120858
shall be exempt from the claims of creditors, political	120859
subdivisions, the state, other governmental entities, and other	120860
claimants against the beneficiary, the beneficiary's estate, the	120861
settlor, or the settlor's estate, including claims regarding the	120862
medicaid program or based on provisions of Chapters ~~5111.,~~ 5121.,	120863
or 5123. of the Revised Code and claims sought to be satisfied by	120864
way of a civil action, subrogation, execution, garnishment,	120865
attachment, judicial sale, or other legal process, if all of the	120866
following apply:	120867

(1) At the time the trust is created, the trust principal	120868
does not exceed the maximum amount determined under division (E)	120869
of this section;	120870

(2) The trust instrument contains a statement of the	120871
settlor's intent, or otherwise clearly evidences the settlor's	120872
intent, that the beneficiary does not have authority to compel the	120873
trustee under any circumstances to furnish the beneficiary with	120874
minimal or other maintenance or support, to make payments from the	120875
principal of the trust or from the income derived from the	120876
principal, or to convert any portion of the principal into cash,	120877
whether pursuant to an ascertainable standard specified in the	120878
instrument or otherwise;	120879

(3) The trust instrument provides that trust assets can be	120880
used only to provide supplemental services, as defined by rule of	120881
the director of ~~mental health~~mental health and addiction services	120882
under section ~~5119.01~~5119.10 of the Revised Code or the director	120883
of developmental disabilities under section 5123.04 of the Revised	120884
Code, to the beneficiary;	120885

(4) The trust is maintained and assets are distributed in	120886
accordance with rules adopted by the director of ~~mental health~~	120887
mental health and addiction services under section ~~5119.01~~5119.10	120888
of the Revised Code or the director of developmental disabilities	120889
under section 5123.04 of the Revised Code;	120890

(5) The trust instrument provides that on the death of the	120891
beneficiary, a portion of the remaining assets of the trust, which	120892
shall be not less than fifty per cent of such assets, will be	120893
deposited to the credit of the services fund for individuals with	120894
mental illness created by section ~~5119.17~~5119.51 of the Revised	120895
Code or the services fund for individuals with mental retardation	120896
and developmental disabilities created by section 5123.40 of the	120897
Revised Code.	120898

(E) In 1994, the trust principal maximum amount for a trust	120899
created under this section shall be two hundred thousand dollars.	120900
The maximum amount for a trust created under this section prior to	120901
November 11, 1994, may be increased to two hundred thousand	120902
dollars.	120903

In 1995, the maximum amount for a trust created under this	120904
section shall be two hundred two thousand dollars. Each year	120905
thereafter, the maximum amount shall be the prior year's amount	120906
plus two thousand dollars.	120907

(F) This section does not limit or otherwise affect the	120908
creation, validity, interpretation, or effect of any trust that is	120909
not created under this section.	120910

(G) Once a trustee takes action on a trust created by a	120911
settlor under this section and disburses trust funds on behalf of	120912
the beneficiary of the trust, then the trust may not be terminated	120913
or otherwise revoked by a particular event or otherwise without	120914
payment into the services fund created pursuant to section ~~5119.17~~	120915
5119.51 or 5123.40 of the Revised Code of an amount that is equal	120916
to the disbursements made on behalf of the beneficiary for medical	120917
care by the state from the date the trust vests but that is not	120918
more than fifty per cent of the trust corpus.	120919

Sec. 5905.02. Whenever it appears that a person is eligible	120920
for care or treatment by the veterans' administration or other	120921
agency of the United States, and hospitalization is necessary for	120922
the proper care or treatment of such person, the probate court,	120923
upon receipt of a certificate from the veterans' administration or	120924
such other agency showing that facilities are available and such	120925
person is eligible for care or treatment therein, may order such	120926
person to said veterans' administration or other agency for care	120927
and treatment.	120928

Upon admission, such person shall be subject to the	120929
applicable regulations of the veterans' administration or other	120930
agency of the United States. The chief officer of any hospital to	120931
which any person is admitted pursuant to hospitalization as	120932
provided in sections 5905.01 to 5905.19 of the Revised Code, or	120933
under the law in effect at the time of such admission, shall have	120934
the same powers as are exercised by heads of hospitals for mental	120935
diseases and the department of ~~mental health~~mental health and	120936
addiction services with respect to the retention, transfer,	120937
parole, or discharge of the person hospitalized; provided no	120938
person shall be transferred to a hospital operated by the state or	120939
any political subdivision thereof without the consent of such	120940
department.	120941

The right of such person to appear and defend shall not be	120942
denied.	120943

The judgment or order of hospitalization by a court of	120944
competent jurisdiction of another state ordering a person to the	120945
veterans' administration or other agency of the United States, or	120946
any hospital operated by any such agency, for care or treatment	120947
shall have the same effect as to such person while in this state	120948
as in the state in which the court entering such judgment or	120949
making such order is situated, provided that no nonresident	120950
ordered to a veterans' administration facility located in Ohio	120951
shall thereby acquire a legal settlement in Ohio.	120952

Upon receipt of a certificate that facilities are available	120953
in any such hospital operated by the United States for the care or	120954
treatment of any person ordered to any hospital for the mentally	120955
ill or other hospital in this state for the care of persons	120956
similarly afflicted, and that such person is eligible for such	120957
care or treatment, such department may transfer any such person to	120958
the veterans' administration or other agency of the United States	120959
in the state. Upon effecting any such transfer, the ordering court	120960
shall be notified thereof by the transferring agency; provided	120961
that no such person shall be transferred if hethe person is	120962
confined pursuant to conviction of any crime or misdemeanor, or if	120963
hethe person has been acquitted of any such charge solely on the	120964
ground of insanity, unless prior to such transfer the court	120965
originally ordering such person enters an order for such transfer	120966
after appropriate motion and hearing.	120967

Any person transferred as provided in this section is ordered	120968
to the veterans' administration or other agency of the United	120969
States pursuant to the original order as though hethe person had	120970
been originally so ordered.	120971

Sec. 5910.02. There is hereby created an Ohio war orphans	120972
scholarship board as part of the department of veterans services.	120973
The board consists of eight members as follows: the chancellor of	120974
the Ohio board of regents or the chancellor's designee; the	120975
director of veterans services or the director's designee; one	120976
member of the house of representatives, appointed by the speaker;	120977
one member of the senate, appointed by the president of the	120978
senate; and four members appointed by the governor, one of whom	120979
shall be a representative of the American Legion, one of whom	120980
shall be a representative of the Veterans of Foreign Wars, one of	120981
whom shall be a representative of the Disabled American Veterans,	120982
and one of whom shall be a representative of the AMVETS. At least	120983
ninety days prior to the expiration of the term of office of the	120984
representative of a veterans organization appointed by the	120985
governor, the governor shall notify the state headquarters of the	120986
affected organization of the need for an appointment and request	120987
the organization to make at least three nominations. Within sixty	120988
days after making the request for nominations, the governor may	120989
make the appointment from the nominations received, or may reject	120990
all the nominations and request at least three new nominations,	120991
from which the governor shall make an appointment within thirty	120992
days after making the request for the new nominations. If the	120993
governor receives no nominations during this thirty-day period,	120994
the governor may appoint any veteran.	120995

Terms of office for the four members appointed by the	120996
governor shall be for four years, commencing on the first day of	120997
January and ending on the thirty-first day of December, except	120998
that the term of the AMVETS representative shall expire December	120999
31, 1998, and the new term that succeeds it shall commence on	121000
January 1, 1999, and end on December 31, 2002. Each member shall	121001
hold office from the date of the member's appointment until the	121002
end of the term for which the member was appointed. The other	121003
members shall serve during their terms of office. Any vacancy	121004
shall be filled by appointment in the same manner as by original	121005
appointment. Any member appointed to fill a vacancy occurring	121006
prior to the expiration of the term for which the member's	121007
predecessor was appointed shall hold office for the remainder of	121008
such term. Any appointed member shall continue in office	121009
subsequent to the expiration date of the member's term until the	121010
member's successor takes office, or until a period of sixty days	121011
has elapsed, whichever occurs first. The members of the board	121012
shall serve without pay but shall be reimbursed for travel	121013
expenses and for other actual and necessary expenses incurred in	121014
the performance of their duties, not to exceed ten dollars per day	121015
for ten days in any one year to be appropriated out of any moneys	121016
in the state treasury to the credit of the general revenue fund.	121017

The chancellor of the board of regents shall act as secretary	121018
to the board and shall furnish such clerical and other assistance	121019
as may be necessary to the performance of the duties of the board.	121020

The board shall determine the number of scholarships to be	121021
made available, receive applications for scholarships, pass upon	121022
the eligibility of applicants, decide which applicants are to	121023
receive scholarships, and do all other things necessary for the	121024
proper administration of this chapter.	121025

The board may apply for, and may receive and accept, grants,	121026
and may receive and accept gifts, bequests, and contributions,	121027
from public and private sources, including agencies and	121028
instrumentalities of the United States and this state, and shall	121029
deposit the grants, gifts, bequests, or contributions into the	121030
Ohio war orphans scholarship donation fund.	121031

Sec. 5910.07. The Ohio war orphans scholarship donation fund	121032
is created in the state treasury. The fund shall consist of gifts,	121033
bequests, grants, and contributions made to the fund under section	121034
5910.02 of the Revised Code. Investment earnings of the fund shall	121035
be deposited into the fund. The fund shall be used to operate the	121036
war orphans scholarship program and to provide grants under	121037
sections 5910.01 to 5910.06 of the Revised Code.	121038

Sec. 5910.08. There is hereby created in the state treasury	121039
the war orphans scholarship reserve fund. Not later than the first	121040
day of July of each fiscal year, the chancellor of the Ohio board	121041
of regents shall certify to the director of budget and management	121042
the unencumbered balance of the general revenue fund	121043
appropriations made in the immediately preceding fiscal year for	121044
purposes of the war orphans scholarship program created in Chapter	121045
5910. of the Revised Code. Upon receipt of the certification, the	121046
director may transfer an amount not exceeding the certified amount	121047
from the general revenue fund to the war orphans scholarship	121048
reserve fund. Moneys in the war orphans scholarship reserve fund	121049
shall be used to pay scholarship obligations in excess of the	121050
general revenue fund appropriations made for that purpose.	121051

The director may transfer any unencumbered balance from the	121052
war orphans scholarship reserve fund to the general revenue fund.	121053

Sec. 5919.34. (A) As used in this section:

121054

(1) "Academic term" means any one of the following:

121055

(a) Fall term, which consists of fall semester or fall	121056
quarter, as appropriate;	121057

(b) Winter term, which consists of winter semester, winter	121058
quarter, or spring semester, as appropriate;	121059

121060

(d) Summer term, which consists of summer semester or summer	121061
quarter, as appropriate.	121062

(2) "Eligible applicant" means any individual to whom all of	121063
the following apply:	121064

(a) The individual does not possess a baccalaureate degree.

121065

(b) The individual has enlisted, re-enlisted, or extended	121066
current enlistment in the Ohio national guard or is an individual	121067
to which division (F) of this section applies.	121068

(c) The individual is actively enrolled as a full-time or	121069
part-time student for at least three credit hours of course work	121070
in a semester or quarter in a two-year or four-year	121071
degree-granting program at a state institution of higher education	121072
or a private institution of higher education, or in a	121073
diploma-granting program at a state or private institution of	121074
higher education that is a school of nursing.	121075

(d) The individual has not accumulated ninety-six eligibility	121076
units under division (E) of this section.	121077

(3) "State institution of higher education" means any state	121078
university or college as defined in division (A)(1) of section	121079
3345.12 of the Revised Code, community college established under	121080
Chapter 3354. of the Revised Code, state community college	121081
established under Chapter 3358. of the Revised Code, university	121082
branch established under Chapter 3355. of the Revised Code, or	121083
technical college established under Chapter 3357. of the Revised	121084
Code.	121085

(4) "Private institution of higher education" means an Ohio	121086
institution of higher education that is nonprofit and has received	121087
a certificate of authorization pursuant to Chapter 1713. of the	121088
Revised Code, that is a private institution exempt from regulation	121089
under Chapter 3332. of the Revised Code as prescribed in section	121090
3333.046 of the Revised Code, or that holds a certificate of	121091
registration and program authorization issued by the state board	121092
of career colleges and schools pursuant to section 3332.05 of the	121093
Revised Code.	121094

(5) "Tuition" means the charges imposed to attend an	121095
institution of higher education and includes general and	121096
instructional fees. "Tuition" does not include laboratory fees,	121097
room and board, or other similar fees and charges.	121098

(B) There is hereby created a scholarship program to be known	121099
as the Ohio national guard scholarship program.	121100

(C) The adjutant general shall approve scholarships for all	121101
eligible applicants. The adjutant general shall process all	121102
applications for scholarships for each academic term in the order	121103
in which they are received. The scholarships shall be made without	121104
regard to financial need. At no time shall one person be placed in	121105
priority over another because of sex, race, or religion.	121106

(D)(1) Except as provided in divisions (I) and (J) of this	121107
section, for each academic term that an eligible applicant is	121108
approved for a scholarship under this section and either remains a	121109
current member in good standing of the Ohio national guard or is	121110
eligible for a scholarship under division (F)(1) of this section,	121111
the institution of higher education in which the applicant is	121112
enrolled shall, if the applicant's enlistment obligation extends	121113
beyond the end of that academic term or if division (F)(1) of this	121114
section applies, be paid on the applicant's behalf the applicable	121115
one of the following amounts:	121116

(a) If the institution is a state institution of higher	121117
education, an amount equal to one hundred per cent of the	121118
institution's tuition charges;	121119

(b) If the institution is a nonprofit private institution or	121120
a private institution exempt from regulation under Chapter 3332.	121121
of the Revised Code as prescribed in section 3333.046 of the	121122
Revised Code, an amount equal to one hundred per cent of the	121123
average tuition charges of all state universities;	121124

(c) If the institution is an institution that holds a	121125
certificate of registration from the state board of career	121126
colleges and schools, the lesser of the following:	121127

(i) An amount equal to one hundred per cent of the	121128
institution's tuition;	121129

(ii) An amount equal to one hundred per cent of the average	121130
tuition charges of all state universities, as that term is defined	121131
in section 3345.011 of the Revised Code.	121132

(2) An eligible applicant's scholarship shall not be reduced	121133
by the amount of that applicant's benefits under "the Montgomery	121134
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	121135

(E) A scholarship recipient under this section shall be	121136
entitled to receive scholarships under this section for the number	121137
of quarters or semesters it takes the recipient to accumulate	121138
ninety-six eligibility units as determined under divisions (E)(1)	121139
to (3) of this section.	121140

(1) To determine the maximum number of semesters or quarters	121141
for which a recipient is entitled to a scholarship under this	121142
section, the adjutant general shall convert a recipient's credit	121143
hours of enrollment for each academic term into eligibility units	121144
in accordance with the following table:	121145

		The			121146
Number of		following		The following	121147
credit hours		number of		number of	121148
of enrollment		eligibility		eligibility	121149
in an academic		units if a		units if a	121150
term	equals	semester	or	quarter	121151
					121152
12 or more hours		12 units		8 units	121153
9 but less than 12		9 units		6 units	121154
6 but less than 9		6 units		4 units	121155
3 but less than 6		3 units		2 units	121156

(2) A scholarship recipient under this section may continue	121157
to apply for scholarships under this section until the recipient	121158
has accumulated ninety-six eligibility units.	121159

(3) If a scholarship recipient withdraws from courses prior	121160
to the end of an academic term so that the recipient's enrollment	121161
for that academic term is less than three credit hours, no	121162
scholarship shall be paid on behalf of that person for that	121163
academic term. Except as provided in division (F)(3) of this	121164
section, if a scholarship has already been paid on behalf of the	121165
person for that academic term, the adjutant general shall add to	121166
that person's accumulated eligibility units the number of	121167
eligibility units for which the scholarship was paid.	121168

(F) This division applies to any eligible applicant called	121169
into active duty on or after September 11, 2001. As used in this	121170
division, "active duty" means active duty pursuant to an executive	121171
order of the president of the United States, an act of the	121172
congress of the United States, or section 5919.29 or 5923.21 of	121173
the Revised Code.	121174

(1) For a period of up to five years from when an	121175
individual's enlistment obligation in the Ohio national guard	121176
ends, an individual to whom this division applies is eligible for	121177
scholarships under this section for those academic terms that were	121178
missed or could have been missed as a result of the individual's	121179
call into active duty. Scholarships shall not be paid for the	121180
academic term in which an eligible applicant's enlistment	121181
obligation ends unless an applicant is eligible under this	121182
division for a scholarship for such academic term due to previous	121183
active duty.	121184

(2) When an individual to whom this division applies	121185
withdraws or otherwise fails to complete courses, for which	121186
scholarships have been awarded under this section, because the	121187
individual was called into active duty, the institution of higher	121188
education shall grant the individual a leave of absence from the	121189
individual's education program and shall not impose any academic	121190
penalty for such withdrawal or failure to complete courses.	121191
Division (F)(2) of this section applies regardless of whether or	121192
not the scholarship amount was paid to the institution of higher	121193
education.	121194

(3) If an individual to whom this division applies withdraws	121195
or otherwise fails to complete courses because the individual was	121196
called into active duty, and if scholarships for those courses	121197
have already been paid, either:	121198

(a) The adjutant general shall not add to that person's	121199
accumulated eligibility units calculated under division (E) of	121200
this section the number of eligibility units for the academic	121201
courses or term for which the scholarship was paid and the	121202
institution of higher education shall repay the scholarship amount	121203
to the state.	121204

(b) The adjutant general shall add to that individual's	121205
accumulated eligibility units calculated under division (E) of	121206
this section the number of eligibility units for the academic	121207
courses or term for which the scholarship was paid if the	121208
institution of higher education agrees to permit the individual to	121209
complete the remainder of the academic courses in which the	121210
individual was enrolled at the time the individual was called into	121211
active duty.	121212

(4) No individual who is discharged from the Ohio national	121213
guard under other than honorable conditions shall be eligible for	121214
scholarships under this division.	121215

(G) A scholarship recipient under this section who fails to	121216
complete the term of enlistment, re-enlistment, or extension of	121217
current enlistment the recipient was serving at the time a	121218
scholarship was paid on behalf of the recipient under this section	121219
is liable to the state for repayment of a percentage of all Ohio	121220
national guard scholarships paid on behalf of the recipient under	121221
this section, plus interest at the rate of ten per cent per annum	121222
calculated from the dates the scholarships were paid. This	121223
percentage shall equal the percentage of the current term of	121224
enlistment, re-enlistment, or extension of enlistment a recipient	121225
has not completed as of the date the recipient is discharged from	121226
the Ohio national guard.	121227

The attorney general may commence a civil action on behalf of	121228
the chancellor of the Ohio board of regents to recover the amount	121229
of the scholarships and the interest provided for in this division	121230
and the expenses incurred in prosecuting the action, including	121231
court costs and reasonable attorney's fees. A scholarship	121232
recipient is not liable under this division if the recipient's	121233
failure to complete the term of enlistment being served at the	121234
time a scholarship was paid on behalf of the recipient under this	121235
section is due to the recipient's death or discharge from the	121236
national guard due to disability.	121237

(H) On or before the first day of each academic term, the	121238
adjutant general shall provide an eligibility roster to the	121239
chancellor and to each institution of higher education at which	121240
one or more scholarship recipients have applied for enrollment.	121241
The institution shall use the roster to certify the actual	121242
full-time or part-time enrollment of each scholarship recipient	121243
listed as enrolled at the institution and return the roster to the	121244
adjutant general and the chancellor. Except as provided in	121245
division (J) of this section, the chancellor shall provide for	121246
payment of the appropriate number and amount of scholarships to	121247
each institution of higher education pursuant to division (D) of	121248
this section. If an institution of higher education fails to	121249
certify the actual enrollment of a scholarship recipient listed as	121250
enrolled at the institution within thirty days of the end of an	121251
academic term, the institution shall not be eligible to receive	121252
payment from the Ohio national guard scholarship program or from	121253
the individual enrollee. The adjutant general shall report on a	121254
semiannual basis to the director of budget and management, the	121255
speaker of the house of representatives, the president of the	121256
senate, and the chancellor the number of Ohio national guard	121257
scholarship recipients, the size of the scholarship-eligible	121258
population, and a projection of the cost of the program for the	121259
remainder of the biennium.	121260

(I) The chancellor and the adjutant general may adopt rules	121261
pursuant to Chapter 119. of the Revised Code governing the	121262
administration and fiscal management of the Ohio national guard	121263
scholarship program and the procedure by which the chancellor and	121264
the department of the adjutant general may modify the amount of	121265
scholarships a member receives based on the amount of other state	121266
financial aid a member receives.	121267

(J) The adjutant general, the chancellor, and the director,	121268
or their designees, shall jointly estimate the costs of the Ohio	121269
national guard scholarship program for each upcoming fiscal	121270
biennium, and shall report that estimate prior to the beginning of	121271
the fiscal biennium to the chairpersons of the finance committees	121272
in the general assembly. During each fiscal year of the biennium,	121273
the adjutant general, the chancellor, and the director, or their	121274
designees, shall meet regularly to monitor the actual costs of the	121275
Ohio national guard scholarship program and update cost	121276
projections for the remainder of the biennium as necessary. If the	121277
amounts appropriated for the Ohio national guard scholarship	121278
program and any funds in the Ohio national guard scholarship	121279
reserve fund and the Ohio national guard scholarship donation fund	121280
are not adequate to provide scholarships in the amounts specified	121281
in division (D)(1) of this section for all eligible applicants,	121282
the chancellor shall do all of the following:	121283

(1) Notify each private institution of higher education,	121284
where a scholarship recipient is enrolled, that, by accepting the	121285
Ohio national guard scholarship program as payment for all or part	121286
of the institution's tuition, the institution agrees that if the	121287
chancellor reduces the amount of each scholarship, the institution	121288
shall provide each scholarship recipient a grant or tuition waiver	121289
in an amount equal to the amount the recipient's scholarship was	121290
reduced by the chancellor.	121291

(2) Reduce the amount of each scholarship under division	121292
(D)(1)(a) of this section proportionally based on the amount of	121293
remaining available funds. Each state institution of higher	121294
education shall provide each scholarship recipient under division	121295
(D)(1)(a) of this section a grant or tuition waiver in an amount	121296
equal to the amount the recipient's scholarship was reduced by the	121297
chancellor.	121298

(K) Notwithstanding division (A) of section 127.14 of the	121299
Revised Code, the controlling board shall not transfer all or part	121300
of any appropriation for the Ohio national guard scholarship	121301
program.	121302

(L) The chancellor and the adjutant general may apply for,	121303
and may receive and accept grants, and may receive and accept	121304
gifts, bequests, and contributions, from public and private	121305
sources, including agencies and instrumentalities of the United	121306
States and this state, and shall deposit the grants, gifts,	121307
bequests, or contributions into the national guard scholarship	121308
~~reserve~~donation fund.	121309

Sec. 5919.342. The national guard scholarship donation fund	121310
is created in the state treasury. The fund shall consist of gifts,	121311
bequests, grants, and contributions made to the fund under	121312
division (L) of section 5919.34 of the Revised Code. Investment	121313
earnings of the fund shall be deposited into the fund. The fund	121314
shall be used to operate the Ohio national guard scholarship	121315
program created under section 5919.34 of the Revised Code.	121316

Sec. 5924.502. (A) If the issue of an accused's competence	121317
to stand trial is raised or if an accused enters a plea of not	121318
guilty by reason of insanity, the court may order one or more	121319
evaluations of the accused's present mental condition or, in the	121320
case of a plea of not guilty by reason of insanity, of the	121321
accused's mental condition at the time of the offense charged. An	121322
examiner shall conduct the evaluation.	121323

(B) If the court orders more than one evaluation under	121324
division (A) of this section, the trial counsel and the defense	121325
counsel may recommend to the court an examiner whom each prefers	121326
to perform one of the evaluations. If an accused enters a plea of	121327
not guilty by reason of insanity and if the court does not	121328
designate an examiner recommended by the defense counsel, the	121329
court shall inform the accused that the accused may have	121330
independent expert evaluation and that it will be obtained for the	121331
accused at public expense.	121332

(C) If the court orders an evaluation under division (A) of	121333
this section, the accused shall be available at the times and	121334
places established by the examiners who are to conduct the	121335
evaluation. The court may order an accused who is not being held	121336
in pretrial confinement to submit to an evaluation under this	121337
section. If an accused who is not being held in pretrial	121338
confinement refuses to submit to a complete evaluation, the court	121339
may order the sheriff to take the accused into custody and deliver	121340
the accused to a center, program, or facility operated or	121341
certified by the department of ~~mental health~~mental health and	121342
addiction services where the accused may be held for evaluation	121343
for a reasonable period of time not to exceed twenty days.	121344

(D) An accused who is being held in pretrial confinement may	121345
be evaluated at the accused's place of detention. Upon the request	121346
of the examiner, the court may order the sheriff to transport the	121347
accused to a program or facility operated or certified by the	121348
department of ~~mental health~~mental health and addiction services,	121349
where the accused may be held for evaluation for a reasonable	121350
period of time not to exceed twenty days, and to return the	121351
accused to the place of detention after the evaluation.	121352

(E) If a court orders the evaluation to determine an	121353
accused's mental condition at the time of the offense charged, the	121354
court shall inform the examiner of the offense with which the	121355
accused is charged.	121356

(F) In conducting an evaluation of an accused's mental	121357
condition at the time of the offense charged, the examiner shall	121358
consider all relevant evidence. If the offense charged involves	121359
the use of force against another person, the relevant evidence to	121360
be considered includes, but is not limited to, any evidence that	121361
the accused suffered at the time of the commission of the offense	121362
from the "battered woman syndrome."	121363

(G) The examiner shall file a written report with the court	121364
within thirty days after entry of a court order for evaluation,	121365
and the court shall provide copies of the report to the trial	121366
counsel and defense counsel. The report shall include all of the	121367
following:	121368

(1) The examiner's findings;

121369

(2) The facts in reasonable detail on which the findings are	121370
based;	121371

(3) If the evaluation was ordered to determine the accused's	121372
competence to stand trial, all of the following findings or	121373
recommendations that are applicable:	121374

(a) Whether the accused is capable of understanding the	121375
nature and objective of the proceedings against the accused or of	121376
assisting in the accused's defense;	121377

(b) If the examiner's opinion is that the accused is	121378
incapable of understanding the nature and objective of the	121379
proceedings against the accused or of assisting in the accused's	121380
defense, whether the accused presently is mentally ill;	121381

(c) If the examiner's opinion is that the accused is	121382
incapable of understanding the nature and objective of the	121383
proceedings against the accused or of assisting in the accused's	121384
defense, the examiner's opinion as to the likelihood of the	121385
accused becoming capable of understanding the nature and objective	121386
of the proceedings against the accused and of assisting in the	121387
accused's defense within one year if the accused is provided with	121388
a course of treatment;	121389

(d) If the examiner's opinion is that the accused is	121390
incapable of understanding the nature and objective of the	121391
proceedings against the accused or of assisting in the accused's	121392
defense and that the accused presently is mentally ill, the	121393
examiner's recommendation as to the least restrictive placement or	121394
commitment alternative, consistent with the accused's treatment	121395
needs for restoration to competency and with the safety of the	121396
community;	121397

(e) If the accused is charged before a special or summary	121398
court-martial with an offense that is not a violation of section	121399
5924.120, 5924.127, or 5924.128 of the Revised Code and the	121400
examiner's opinion is that the accused is incapable of	121401
understanding the nature and objective of the proceedings against	121402
the accused or of assisting in the accused's defense and that the	121403
accused is presently mentally ill, the examiner's recommendation	121404
as to whether the accused is amenable to engagement in mental	121405
health treatment.	121406

(4) If the evaluation was ordered to determine the accused's	121407
mental condition at the time of the offense charged, the	121408
examiner's findings as to whether the accused at the time of the	121409
offense charged did not know, as a result of a severe mental	121410
disease or defect, the wrongfulness of the accused's acts charged.	121411

(H) An examiner appointed under divisions (A) and (B) of this	121412
section to evaluate an accused to determine the accused's	121413
competence to stand trial also may be appointed to evaluate an	121414
accused who has entered a plea of not guilty by reason of	121415
insanity, but an examiner of that nature shall prepare separate	121416
reports on the issue of competence to stand trial and the defense	121417
of not guilty by reason of insanity.	121418

(I) No statement that an accused makes in an evaluation or	121419
hearing under divisions (A) to (H) of this section relating to the	121420
accused's competence to stand trial or to the accused's mental	121421
condition at the time of the offense charged may be used against	121422
the accused on the issue of guilt in any criminal action or	121423
proceeding, but, in a criminal action or proceeding, the trial	121424
counsel or defense counsel may call as a witness any person who	121425
evaluated the accused or prepared a report pursuant to a referral	121426
under this section. Neither the appointment nor the testimony of	121427
an examiner appointed under this section precludes the trial	121428
counsel or defense counsel from calling other witnesses or	121429
presenting other evidence on competency or insanity issues.	121430

(J) Persons appointed as examiners under divisions (A) and	121431
(B) of this section or under division (H) of this section shall be	121432
paid a reasonable amount for their services and expenses, as	121433
certified by the court.	121434

Sec. 5924.503. (A) If the issue of an accused's competence	121435
to stand trial is raised and if the court, upon conducting the	121436
hearing provided for in section 5924.502 of the Revised Code,	121437
finds that the accused is competent to stand trial, the accused	121438
shall be proceeded against as provided by law. If the court finds	121439
the accused competent to stand trial and the accused is receiving	121440
psychotropic drugs or other medication, the court may authorize	121441
the continued administration of the drugs or medication or other	121442
appropriate treatment in order to maintain the accused's	121443
competence to stand trial unless the accused's attending physician	121444
advises the court against continuation of the drugs, other	121445
medication, or treatment.	121446

(B)(1)(a) If, after taking into consideration all relevant	121447
reports, information, and other evidence, the court finds that the	121448
accused is incompetent to stand trial and that there is a	121449
substantial probability that the accused will become competent to	121450
stand trial within one year if the accused is provided with a	121451
course of treatment, the court shall order the accused to undergo	121452
treatment. If the accused is being tried by a general	121453
court-martial and if, after taking into consideration all relevant	121454
reports, information, and other evidence, the court finds that the	121455
accused is incompetent to stand trial, but the court is unable at	121456
that time to determine whether there is a substantial probability	121457
that the accused will become competent to stand trial within one	121458
year if the accused is provided with a course of treatment, the	121459
court shall order continuing evaluation and treatment of the	121460
accused for a period not to exceed four months to determine	121461
whether there is a substantial probability that the accused will	121462
become competent to stand trial within one year if the accused is	121463
provided with a course of treatment.	121464

(b) The court order for the accused to undergo treatment or	121465
continuing evaluation and treatment under division (B)(1)(a) of	121466
this section shall specify that the accused, if determined to	121467
require mental health treatment or continuing evaluation and	121468
treatment, shall be committed to the department of ~~mental health~~	121469
mental health and addiction services for treatment or continuing	121470
evaluation and treatment at a hospital, facility, or agency	121471
determined to be clinically appropriate by the department of	121472
~~mental health~~mental health and addiction services. The order may	121473
restrict the accused's freedom of movement as the court considers	121474
necessary. The trial counsel in the accused's case shall send to	121475
the chief clinical officer of the hospital, facility, or ~~agency~~	121476
services provider where the accused is placed by the department of	121477
~~mental health~~mental health and addiction services or to the	121478
managing officer of the institution, the director of the facility,	121479
or the person to which the accused is committed copies of relevant	121480
investigative reports and other background information that	121481
pertains to the accused and is available to the trial counsel	121482
unless the trial counsel determines that the release of any of the	121483
information in the investigative reports or any of the other	121484
background information to unauthorized persons would interfere	121485
with the effective prosecution of any person or would create a	121486
substantial risk of harm to any person.	121487

In committing the accused to the department of ~~mental health~~	121488
mental health and addiction services, the court shall consider the	121489
extent to which the person is a danger to the person and to	121490
others, the need for security, and the type of crime involved and,	121491
if the court finds that restrictions on the accused's freedom of	121492
movement are necessary, shall specify the least restrictive	121493
limitations on the person's freedom of movement determined to be	121494
necessary to protect public safety. In weighing these factors, the	121495
court shall give preference to protecting public safety.	121496

(c) If the accused is found incompetent to stand trial, if	121497
the chief clinical officer of the hospital, facility, or ~~agency~~	121498
services provider where the accused is placed, or the managing	121499
officer of the institution, the director of the facility, or the	121500
person to which the accused is committed for treatment or	121501
continuing evaluation and treatment under division (B)(1)(b) of	121502
this section determines that medication is necessary to restore	121503
the accused's competency to stand trial, and if the accused lacks	121504
the capacity to give informed consent or refuses medication, the	121505
chief clinical officer of the hospital, facility, or ~~agency~~	121506
services provider where the accused is placed or the managing	121507
officer of the institution, the director of the facility, or the	121508
person to which the accused is committed for treatment or	121509
continuing evaluation and treatment may petition the court for	121510
authorization for the involuntary administration of medication.	121511
The court shall hold a hearing on the petition within five days of	121512
the filing of the petition. Following the hearing, the court may	121513
authorize the involuntary administration of medication or may	121514
dismiss the petition.	121515

(d) If the accused is charged before a special or summary	121516
court-martial with an offense that is not a violation of section	121517
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	121518
counsel may hold the charges in abeyance while the accused engages	121519
in mental health treatment.	121520

(2) If the court finds that the accused is incompetent to	121521
stand trial and that, even if the accused is provided with a	121522
course of treatment, there is not a substantial probability that	121523
the accused will become competent to stand trial within one year,	121524
the court shall order the discharge of the accused, unless upon	121525
motion of the trial counsel or on its own motion, the court either	121526
seeks to retain jurisdiction over the accused pursuant to division	121527
(A)(2) of section 5924.504 of the Revised Code or files an	121528
affidavit in the probate court for the civil commitment of the	121529
accused pursuant to Chapter 5122. of the Revised Code alleging	121530
that the accused is a mentally ill person subject to	121531
hospitalization by court order. If an affidavit is filed in the	121532
probate court, the trial court shall send to the probate court	121533
copies of all written reports of the accused's mental condition	121534
that were prepared pursuant to section 5924.502 of the Revised	121535
Code.	121536

The trial court may issue the temporary order of detention	121537
that a probate court may issue under section 5122.11 of the	121538
Revised Code, to remain in effect until the probable cause or	121539
initial hearing in the probate court. Further proceedings in the	121540
probate court are civil proceedings governed by Chapter 5122. of	121541
the Revised Code.	121542

(C) No accused shall be required to undergo treatment,	121543
including any continuing evaluation and treatment, under division	121544
(B)(1) of this section for longer than whichever of the following	121545
periods is applicable:	121546

(1) One year, if the accused is being tried by a general	121547
court-martial;	121548

(2) Six months, if the accused is being tried before a	121549
special court-martial;	121550

(3) Sixty days, if the accused is being tried before a	121551
summary court-martial.	121552

(D) Any accused who is committed pursuant to this section	121553
shall not voluntarily admit the accused or be voluntarily admitted	121554
to a hospital or institution pursuant to section 5122.02 or	121555
5122.15 of the Revised Code.	121556

(E) Except as otherwise provided in this division, an accused	121557
who is charged with an offense and is committed by the court under	121558
this section to the department of ~~mental health~~mental health and	121559
addiction services with restrictions on the accused's freedom of	121560
movement shall not be granted unsupervised on-grounds movement,	121561
supervised off-grounds movement, or nonsecured status except in	121562
accordance with the court order. The court may grant an accused	121563
supervised off-grounds movement to obtain medical treatment or	121564
specialized habilitation treatment services if the person who	121565
supervises the treatment or the continuing evaluation and	121566
treatment of the accused ordered under division (B)(1)(a) of this	121567
section informs the court that the treatment or continuing	121568
evaluation and treatment cannot be provided at the hospital or	121569
facility where the accused is placed by the department of ~~mental~~	121570
~~health~~mental health and addiction services. The chief clinical	121571
officer of the hospital or facility where the accused is placed by	121572
the department of ~~mental health~~mental health and addiction	121573
services or the managing officer of the institution or director of	121574
the facility to which the accused is committed or a designee of	121575
any of those persons may grant an accused movement to a medical	121576
facility for an emergency medical situation with appropriate	121577
supervision to ensure the safety of the accused, staff, and	121578
community during that emergency medical situation. The chief	121579
clinical officer of the hospital or facility where the accused is	121580
placed by the department of ~~mental health~~mental health and	121581
addiction services or the managing officer of the institution or	121582
director of the facility to which the accused is committed shall	121583
notify the court within twenty-four hours of the accused's	121584
movement to the medical facility for an emergency medical	121585
situation under this division.	121586

(F) The person who supervises the treatment or continuing	121587
evaluation and treatment of an accused ordered to undergo	121588
treatment or continuing evaluation and treatment under division	121589
(B)(1)(a) of this section shall file a written report with the	121590
court at the following times:	121591

(1) Whenever the person believes the accused is capable of	121592
understanding the nature and objective of the proceedings against	121593
the accused and of assisting in the accused's defense;	121594

(2) Fourteen days before expiration of the maximum time for	121595
treatment as specified in division (C) of this section and	121596
fourteen days before the expiration of the maximum time for	121597
continuing evaluation and treatment as specified in division	121598
(B)(1)(a) of this section;	121599

(3) At a minimum, after each six months of treatment;

121600

(4) Whenever the person who supervises the treatment or	121601
continuing evaluation and treatment of an accused ordered under	121602
division (B)(1)(a) of this section believes that there is not a	121603
substantial probability that the accused will become capable of	121604
understanding the nature and objective of the proceedings against	121605
the accused or of assisting in the accused's defense even if the	121606
accused is provided with a course of treatment.	121607

(G) A report under division (F) of this section shall contain	121608
the examiner's findings, the facts in reasonable detail on which	121609
the findings are based, and the examiner's opinion as to the	121610
accused's capability of understanding the nature and objective of	121611
the proceedings against the accused and of assisting in the	121612
accused's defense. If, in the examiner's opinion, the accused	121613
remains incapable of understanding the nature and objective of the	121614
proceedings against the accused and of assisting in the accused's	121615
defense and there is a substantial probability that the accused	121616
will become capable of understanding the nature and objective of	121617
the proceedings against the accused and of assisting in the	121618
accused's defense if the accused is provided with a course of	121619
treatment, if in the examiner's opinion the accused remains	121620
mentally ill, and if the maximum time for treatment as specified	121621
in division (C) of this section has not expired, the report also	121622
shall contain the examiner's recommendation as to the least	121623
restrictive placement or commitment alternative that is consistent	121624
with the accused's treatment needs for restoration to competency	121625
and with the safety of the community. The court shall provide	121626
copies of the report to the trial counsel and defense counsel.	121627

(H) If an accused is committed pursuant to division (B)(1) of	121628
this section, within ten days after the treating physician of the	121629
accused or the examiner of the accused who is employed or retained	121630
by the treating facility advises that there is not a substantial	121631
probability that the accused will become capable of understanding	121632
the nature and objective of the proceedings against the accused or	121633
of assisting in the accused's defense even if the accused is	121634
provided with a course of treatment, within ten days after the	121635
expiration of the maximum time for treatment as specified in	121636
division (C) of this section, within ten days after the expiration	121637
of the maximum time for continuing evaluation and treatment as	121638
specified in division (B)(1)(a) of this section, within thirty	121639
days after an accused's request for a hearing that is made after	121640
six months of treatment, or within thirty days after being advised	121641
by the treating physician or examiner that the accused is	121642
competent to stand trial, whichever is the earliest, the court	121643
shall conduct another hearing to determine if the accused is	121644
competent to stand trial and shall do whichever of the following	121645
is applicable:	121646

(1) If the court finds that the accused is competent to stand	121647
trial, the accused shall be proceeded against as provided by law.	121648

(2) If the court finds that the accused is incompetent to	121649
stand trial, but that there is a substantial probability that the	121650
accused will become competent to stand trial if the accused is	121651
provided with a course of treatment, and the maximum time for	121652
treatment as specified in division (C) of this section has not	121653
expired, the court, after consideration of the examiner's	121654
recommendation, shall order that treatment be continued, may	121655
change least restrictive limitations on the accused's freedom of	121656
movement.	121657

(3) If the court finds that the accused is incompetent to	121658
stand trial, if the accused is being tried by a general	121659
court-martial, and if the court finds that there is not a	121660
substantial probability that the accused will become competent to	121661
stand trial even if the accused is provided with a course of	121662
treatment, or if the maximum time for treatment as specified in	121663
division (C) of this section has expired, further proceedings	121664
shall be as provided in sections 5924.504 to 5924.506 of the	121665
Revised Code.	121666

(4) If the court finds that the accused is incompetent to	121667
stand trial, if the accused is being tried before a special	121668
court-martial, and if the court finds that there is not a	121669
substantial probability that the accused will become competent to	121670
stand trial even if the accused is provided with a course of	121671
treatment, or if the maximum time for treatment as specified in	121672
division (C) of this section has expired, the court shall dismiss	121673
the charge against the accused. A dismissal under this division is	121674
not a bar to further prosecution based on the same conduct. The	121675
court shall discharge the accused unless the court or trial	121676
counsel files an affidavit in probate court for civil commitment	121677
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	121678
civil commitment is filed, the court may detain the accused for	121679
ten days pending civil commitment. All of the following provisions	121680
apply to persons being tried by a special court-martial who are	121681
committed by the probate court subsequent to the court's or trial	121682
counsel's filing of an affidavit for civil commitment under	121683
authority of this division:	121684

(a) The chief clinical officer of the entity, hospital, or	121685
facility, the managing officer of the institution, or the person	121686
to which the accused is committed or admitted shall do all of the	121687
following:	121688

(i) Notify the trial counsel in writing of the discharge of	121689
the accused, send the notice at least ten days prior to the	121690
discharge unless the discharge is by the probate court, and state	121691
in the notice the date on which the accused will be discharged;	121692

(ii) Notify the trial counsel in writing when the accused is	121693
absent without leave or is granted unsupervised, off-grounds	121694
movement and send this notice promptly after the discovery of the	121695
absence without leave or prior to the granting of the	121696
unsupervised, off-grounds movement, whichever is applicable;	121697

(iii) Notify the trial counsel in writing of the change of	121698
the accused's commitment or admission to voluntary status, send	121699
the notice promptly upon learning of the change to voluntary	121700
status, and state in the notice the date on which the accused was	121701
committed or admitted on a voluntary status.	121702

(b) The trial counsel shall promptly inform the convening	121703
authority of any notification received under division (H)(4)(a) of	121704
this section. Upon receiving notice that the accused will be	121705
granted unsupervised, off-grounds movement, the convening	121706
authority either shall refer the charges against the accused to an	121707
investigating officer again or promptly notify the court that the	121708
convening authority does not intend to refer the charges against	121709
the accused again.	121710

(I) If an accused is convicted of a crime and sentenced to	121711
confinement, the accused's sentence shall be reduced by the total	121712
number of days the accused is confined for evaluation to determine	121713
the accused's competence to stand trial or treatment under this	121714
section and sections 5924.502 and 5924.504 of the Revised Code or	121715
by the total number of days the accused is confined for evaluation	121716
to determine the accused's mental condition at the time of the	121717
offense charged.	121718

Sec. 5924.504. (A) If an accused being tried by a general	121719
court-martial is found incompetent to stand trial, after the	121720
expiration of the maximum time for treatment as specified in	121721
division (C) of section 5924.503 of the Revised Code or after the	121722
court finds that there is not a substantial probability that the	121723
accused will become competent to stand trial even if the accused	121724
is provided with a course of treatment, one of the following	121725
applies:	121726

(1) The court or the trial counsel may file an affidavit in	121727
probate court for civil commitment of the accused in the manner	121728
provided in Chapter 5122. of the Revised Code. If the court or	121729
trial counsel files an affidavit for civil commitment, the court	121730
may detain the accused for ten days pending civil commitment. If	121731
the probate court commits the accused subsequent to the court's or	121732
trial counsel's filing of an affidavit for civil commitment, the	121733
chief clinical officer of the entity, hospital, or facility, the	121734
managing officer of the institution, or the person to which the	121735
accused is committed or admitted shall send to the trial counsel	121736
the notices described in divisions (H)(4)(a)(i) to (iii) of	121737
section 5924.503 of the Revised Code within the periods of time	121738
and under the circumstances specified in those divisions.	121739

(2) On the motion of the trial counsel or on its own motion,	121740
the court may retain jurisdiction over the accused if at a hearing	121741
the court finds both of the following by clear and convincing	121742
evidence:	121743

(a) The accused committed the offense with which the accused	121744
is charged.	121745

(b) The accused is a mentally ill person subject to	121746
hospitalization by court order.	121747

(B) In making its determination under division (A)(2) of this	121748
section as to whether to retain jurisdiction over the accused, the	121749
court may consider all relevant evidence, including, but not	121750
limited to, any relevant psychiatric, psychological, or medical	121751
testimony or reports, the acts constituting the offense charged,	121752
and any history of the accused that is relevant to the accused's	121753
ability to conform to the law.	121754

(C) If the court conducts a hearing as described in division	121755
(A)(2) of this section and if the court does not make both	121756
findings described in divisions (A)(2)(a) and (b) of this section	121757
by clear and convincing evidence, the court shall dismiss the	121758
charges against the accused. Upon the dismissal, the court shall	121759
discharge the accused unless the court or trial counsel files an	121760
affidavit in probate court for civil commitment of the accused	121761
pursuant to Chapter 5122. of the Revised Code. If the court or	121762
trial counsel files an affidavit for civil commitment, the court	121763
may order that the accused be detained for up to ten days pending	121764
the civil commitment. If the probate court commits the accused	121765
subsequent to the court's or trial counsel's filing of an	121766
affidavit for civil commitment, the chief clinical officer of the	121767
entity, hospital, or facility, the managing officer of the	121768
institution, or the person to which the accused is committed or	121769
admitted shall send to the trial counsel the notices described in	121770
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	121771
Code within the periods of time and under the circumstances	121772
specified in those divisions. A dismissal of charges under this	121773
division is not a bar to further criminal proceedings based on the	121774
same conduct.	121775

(D)(1) If the court conducts a hearing as described in	121776
division (A)(2) of this section and if the court makes the	121777
findings described in divisions (A)(2)(a) and (b) of this section	121778
by clear and convincing evidence, the court shall commit the	121779
accused, if determined to require mental health treatment, to the	121780
department of ~~mental health~~mental health and addiction services	121781
for treatment at a hospital, facility, or ~~agency~~services provider	121782
as determined clinically appropriate by the department of ~~mental~~	121783
~~health~~mental health and addiction services. In committing the	121784
accused to the department of ~~mental health~~mental health and	121785
addiction services, the court shall specify the least restrictive	121786
limitations on the accused's freedom of movement determined to be	121787
necessary to protect public safety.	121788

(2) If a court makes a commitment of an accused under	121789
division (D)(1) of this section, the trial counsel shall send to	121790
the hospital, facility, or ~~agency~~services provider where the	121791
accused is placed by the department of ~~mental health~~mental health	121792
and addiction services or to the accused's place of commitment all	121793
reports of the accused's current mental condition and, except as	121794
otherwise provided in this division, any other relevant	121795
information, including, but not limited to, a transcript of the	121796
hearing held pursuant to division (A)(2) of this section, copies	121797
of relevant investigative reports, and copies of any prior arrest	121798
and conviction records that pertain to the accused and that the	121799
trial counsel possesses. The trial counsel shall send the reports	121800
of the accused's current mental condition in every case of	121801
commitment, and, unless the trial counsel determines that the	121802
release of any of the other relevant information to unauthorized	121803
persons would interfere with the effective prosecution of any	121804
person or would create a substantial risk of harm to any person,	121805
the trial counsel also shall send the other relevant information.	121806

(3) If a court makes a commitment under division (D)(1) of	121807
this section, all further proceedings shall be in accordance with	121808
Chapter 5122. of the Revised Code.	121809

Sec. 5924.506. (A) If an accused person is found not guilty	121810
by reason of insanity, the verdict shall state that finding, and	121811
the trial court shall conduct a full hearing to determine whether	121812
the person is a mentally ill person subject to hospitalization by	121813
court order. Prior to the hearing, if the military judge believes	121814
that there is probable cause that the person found not guilty by	121815
reason of insanity is a mentally ill person subject to	121816
hospitalization by court order, the military judge may issue a	121817
temporary order of detention for that person to remain in effect	121818
for ten court days or until the hearing, whichever occurs first.	121819

Any person detained pursuant to a temporary order of	121820
detention issued under this division shall be held in a suitable	121821
facility, taking into consideration the place and type of	121822
confinement prior to and during trial.	121823

(B) The court shall hold the hearing under division (A) of	121824
this section to determine whether the person found not guilty by	121825
reason of insanity is a mentally ill person subject to	121826
hospitalization by court order within ten court days after the	121827
finding of not guilty by reason of insanity. Failure to conduct	121828
the hearing within the ten-day period shall cause the immediate	121829
discharge of the respondent, unless the judge grants a continuance	121830
for not longer than ten court days for good cause shown or for any	121831
period of time upon motion of the respondent.	121832

(C) If a person is found not guilty by reason of insanity,	121833
the person has the right to attend a hearing conducted pursuant to	121834
this section. At the hearing, the court shall inform the person	121835
that the person has all of the following rights:	121836

(1) The right to be represented by defense counsel or to	121837
retain civilian counsel, if the person so chooses;	121838

(2) The right to have independent expert evaluation;

121839

(3) The right to subpoena witnesses and documents, to present	121840
evidence on the person's behalf, and to cross-examine witnesses	121841
against the person;	121842

(4) The right to testify in the person's own behalf and to	121843
not be compelled to testify;	121844

(5) The right to have copies of any relevant medical or	121845
mental health document in the custody of the state or of any place	121846
of commitment other than a document for which the court finds that	121847
the release to the person of information contained in the document	121848
would create a substantial risk of harm to any person.	121849

(D) The hearing under division (A) of this section shall be	121850
open to the public, and the court shall conduct the hearing in	121851
accordance with regulations prescribed by the adjutant general.	121852
The court shall make and maintain a full transcript and record of	121853
the hearing proceedings. The court may consider all relevant	121854
evidence, including, but not limited to, any relevant psychiatric,	121855
psychological, or medical testimony or reports, the acts	121856
constituting the offense in relation to which the person was found	121857
not guilty by reason of insanity, and any history of the person	121858
that is relevant to the person's ability to conform to the law.	121859

(E) Upon completion of the hearing under division (A) of this	121860
section, if the court finds there is not clear and convincing	121861
evidence that the person is a mentally ill person subject to	121862
hospitalization by court order, the court shall discharge the	121863
person, unless a detainer has been placed upon the person by the	121864
department of rehabilitation and correction, in which case the	121865
person shall be returned to that department.	121866

(F) If, at the hearing under division (A) of this section,	121867
the court finds by clear and convincing evidence that the person	121868
is a mentally ill person subject to hospitalization by court	121869
order, it shall commit the person to the department of ~~mental~~	121870
~~health~~mental health and addiction services for placement in a	121871
hospital, facility, or ~~agency~~services provider as determined	121872
clinically appropriate by the department of ~~mental health~~mental	121873
health and addiction services. Further proceedings shall be in	121874
accordance with Chapter 5122. or 5123. of the Revised Code. In	121875
committing the accused to the department of ~~mental health~~mental	121876
health and addiction services, the court shall specify the least	121877
restrictive limitations on the accused's freedom of movement	121878
determined to be necessary to protect public safety.	121879

(G) If a court makes a commitment of a person under division	121880
(F) of this section, the trial counsel shall send to the hospital,	121881
facility, or ~~agency~~services provider where the defendant is	121882
placed by the department of ~~mental health~~mental health and	121883
addiction services or to the accused's place of commitment all	121884
reports of the person's current mental condition, and, except as	121885
otherwise provided in this division, any other relevant	121886
information, including, but not limited to, a transcript of the	121887
hearing held pursuant to division (A) of this section, copies of	121888
relevant investigative reports, and copies of any prior arrest and	121889
conviction records that pertain to the person and that the trial	121890
counsel possesses. The trial counsel shall send the reports of the	121891
person's current mental condition in every case of commitment,	121892
and, unless the trial counsel determines that the release of any	121893
of the other relevant information to unauthorized persons would	121894
interfere with the effective prosecution of any person or would	121895
create a substantial risk of harm to any person, the trial counsel	121896
also shall send the other relevant information.	121897

(H) A person who is committed pursuant to this section shall	121898
not voluntarily admit the person or be voluntarily admitted to a	121899
hospital or institution pursuant to sections 5122.02 and 5122.15	121900
of the Revised Code.	121901

Sec. 6109.21. (A) Except as provided in divisions (I) and	121902
(J) of this section, no person shall operate a public water system	121903
in this state without a license issued by the director of	121904
environmental protection.	121905

(B)~~(1)~~ A person who proposes to operate a new public water	121906
system, in addition to complying with section 6109.07 of the	121907
Revised Code and rules adopted under it, shall obtain an initial	121908
license from the director. The person shall submit an application	121909
for the initial license at least forty-five days prior to	121910
commencing the operation of the system.	121911

(C) A license shall expire on the thirtieth day of January in	121912
the year following its issuance.	121913

(D) A license shall be renewed annually. A person proposing	121914
to continue operating a public water system shall apply for a	121915
license renewal at least thirty days prior to the expiration date	121916
of the license.	121917

(E) ~~Through June 30, 2014, each~~Each application for a	121918
license or license renewal shall be accompanied by the appropriate	121919
fee established under division (M) of section 3745.11 of the	121920
Revised Code. However, an applicant for an initial license who is	121921
proposing to operate a new public water system shall submit a fee	121922
that equals a prorated amount of the appropriate fee established	121923
under that division for the remainder of the licensing year.	121924

(F) Not later than thirty days after receiving a completed	121925
application and the appropriate license fee for a license or	121926
license renewal for a public water system, the director shall do	121927
one of the following:	121928

(1) Issue the license or license renewal for the public water	121929
system;	121930

(2) Issue the license or license renewal subject to terms and	121931
conditions that the director determines are necessary to ensure	121932
compliance with this chapter and rules adopted under it;	121933

(3) Deny the license or license renewal if the director finds	121934
that the public water system cannot be operated in substantial	121935
compliance with this chapter and rules adopted under it.	121936

(G) The director may condition, suspend, or revoke a license	121937
or license renewal issued under this section at any time if the	121938
director finds that the public water system was not or will not be	121939
operated in substantial compliance with this chapter and rules	121940
adopted under it.	121941

(H) The director shall adopt rules in accordance with Chapter	121942
119. of the Revised Code establishing procedures and requirements	121943
governing both of the following:	121944

(1) Information to be included on applications for licenses	121945
and license renewals issued under this section;	121946

(2) The issuance, conditioning, suspension, revocation, and	121947
denial of licenses and license renewals under this section.	121948

(I)(1) As used in division (I) of this section, "church"	121949
means a fellowship of believers, congregation, society,	121950
corporation, convention, or association that is formed primarily	121951
or exclusively for religious purposes and that is not formed or	121952
operated for the private profit of any person.	121953

(2) This section does not apply to a church that operates or	121954
maintains a public water system solely to provide water for that	121955
church or for a campground that is owned by the church and	121956
operated primarily or exclusively for members of the church and	121957
their families.	121958

(J) This section does not apply to any public or nonpublic	121959
school that meets minimum standards of the state board of	121960
education that operates or maintains a public water system solely	121961
to provide water for that school.	121962

(K) The environmental protection agency shall collect well	121963
log filing fees on behalf of the division of soil and water	121964
resources in the department of natural resources in accordance	121965
with section 1521.05 of the Revised Code and rules adopted under	121966
it. The fees shall be submitted to the division quarterly as	121967
provided in those rules.	121968

Sec. 6111.037. (A) ~~There is hereby created in the state~~	121969
~~treasury the nonpoint source pollution management fund. The fund~~	121970
~~shall consist of grant moneys received under~~For purposes of state	121971
nonpoint source pollution management and pursuant to section 319	121972
of the "Federal Water Pollution Control Act," ~~for purposes of~~	121973
~~assisting with the development and implementation of a~~	121974
~~comprehensive nonpoint source pollution management program~~	121975
~~pursuant to that section of the act. Moneys credited to the fund~~	121976
~~may be used for purposes of research, planning, water quality~~	121977
~~assessments, demonstration projects, enforcement, technical~~	121978
~~assistance, education, and training regarding management of~~	121979
~~nonpoint sources of water pollution. The~~the director of	121980
environmental protection may enter into agreements to receive	121981
grant moneys for ~~the~~ nonpoint source pollution management ~~fund and~~	121982
for deposit into the state treasury to the credit of the water	121983
quality protection fund created in section 6111.0381 of the	121984
Revised Code. The director may enter into agreements to make	121985
grants of moneys credited to the fund under this section,	121986
including, without limitation, passthrough grants to other state	121987
departments or agencies.	121988

(B) The director shall periodically prepare and, by rules	121989
adopted under division (O) of section 6111.036 of the Revised	121990
Code, establish a priority system for identifying activities	121991
eligible for assistance under this section. The priority system	121992
shall ensure that financial assistance available under this	121993
section is first provided to:	121994

(1) Control particularly difficult or serious nonpoint source	121995
pollution problems, including, without limitation, problems	121996
resulting from mining activities;	121997

(2) Implement innovative methods or practices for controlling	121998
nonpoint sources of pollution, including, without limitation,	121999
regulatory programs that the director determines are appropriate;	122000

(3) Control interstate nonpoint source pollution problems;

122001

(4) Implement ground and surface water quality protection	122002
activities that the director determines are part of a	122003
comprehensive nonpoint source pollution control program, which	122004
activities include research, planning, ~~ground~~ water quality	122005
assessments, demonstration programs, enforcement, technical	122006
assistance, education, and training to protect ~~ground~~ water	122007
quality from nonpoint sources of pollution.	122008

Section 101.02. That existing sections 9.03, 9.15, 9.231,	122009
9.239, 9.24, 9.833, 9.90, 9.901, 101.39, 101.391, 103.144, 105.41,	122010
107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746,	122011
109.77, 109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02,	122012
113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03,	122013
121.11, 121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17,	122014
122.28, 122.30, 122.31, 122.32, 122.33, 122.34, 122.35, 122.36,	122015
122.657, 122.658, 122.66, 122.67, 122.68, 122.69, 122.70, 122.701,	122016
122.76, 122.861, 123.01, 123.10, 123.11, 123.201, 123.21, 123.27,	122017
124.11, 124.14, 124.18, 124.30, 124.341, 124.381, 124.57, 125.05,	122018
125.21, 125.212, 125.28, 125.602, 125.603, 125.832, 125.836,	122019
126.07, 126.14, 126.32, 126.35, 126.45, 126.46, 126.47, 126.48,	122020
127.14, 127.16, 133.01, 133.06, 135.80, 140.01, 140.03, 140.05,	122021
145.01, 145.012, 145.22, 149.01, 149.311, 149.43, 151.11, 152.09,	122022
153.692, 154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02,	122023
156.03, 156.04, 156.05, 164.27, 166.02, 166.03, 166.04, 166.08,	122024
166.25, 169.02, 173.03, 173.14, 173.17, 173.19, 173.20, 173.21,	122025
173.23, 173.25, 173.26, 173.27, 173.28, 173.39, 173.391, 173.392,	122026
173.394, 173.40, 173.401, 173.402, 173.403, 173.404, 173.42,	122027
173.43, 173.431, 173.432, 173.434, 173.45, 173.47, 173.48, 173.50,	122028
173.501, 173.99, 189.04, 189.06, 191.01, 191.02, 191.04, 191.06,	122029
301.28, 305.23, 307.07, 307.673, 307.674, 307.86, 309.09, 317.08,	122030
317.32, 317.321, 317.36, 321.35, 321.44, 329.04, 329.051, 329.06,	122031
329.14, 339.02, 339.05, 339.06, 339.07, 340.01, 340.011, 340.02,	122032
340.021, 340.03, 340.031, 340.032, 340.04, 340.05, 340.07, 340.09,	122033
340.091, 340.10, 340.11, 340.12, 340.13, 340.15, 340.16, 341.192,	122034
351.021, 715.691, 721.01, 721.03, 731.091, 737.41, 742.14, 755.06,	122035
901.21, 901.22, 901.23, 903.11, 903.99, 905.06, 909.15, 924.06,	122036
927.54, 955.201, 956.07, 956.18, 991.03, 991.04, 991.06, 1332.26,	122037
1337.11, 1347.08, 1501.011, 1501.45, 1509.01, 1509.02, 1509.062,	122038
1509.10, 1509.11, 1509.50, 1509.73, 1511.02, 1511.022, 1519.05,	122039
1531.06, 1531.17, 1545.071, 1547.99, 1548.02, 1551.33, 1551.35,	122040
1555.15, 1711.07, 1724.03, 1739.061, 1751.01, 1751.11, 1751.12,	122041
1751.14, 1751.271, 1751.31, 1751.60, 1923.14, 2101.24, 2108.05,	122042
2113.041, 2113.06, 2117.061, 2117.25, 2133.01, 2133.25, 2151.011,	122043
2151.3514, 2151.362, 2151.86, 2152.54, 2152.59, 2301.02, 2301.03,	122044
2303.201, 2305.234, 2307.65, 2317.02, 2317.422, 2505.02, 2743.02,	122045
2744.05, 2901.13, 2901.30, 2903.13, 2903.33, 2907.22, 2913.40,	122046
2913.401, 2919.271, 2921.01, 2921.13, 2921.22, 2921.36, 2921.38,	122047
2923.125, 2923.126, 2925.03, 2929.13, 2929.15, 2930.01, 2935.03,	122048
2935.33, 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	122049
2951.041, 2967.22, 2981.01, 2981.12, 2981.13, 3101.051, 3107.083,	122050
3109.15, 3111.04, 3111.72, 3119.29, 3119.54, 3121.441, 3121.89,	122051
3121.891, 3121.892, 3121.893, 3121.898, 3123.958, 3125.18,	122052
3125.36, 3301.07, 3301.0714, 3301.0715, 3301.0723, 3301.15,	122053
3302.01, 3302.03, 3302.22, 3304.231, 3305.03, 3307.51, 3309.21,	122054
3310.01, 3310.02, 3310.03, 3310.05, 3310.06, 3310.08, 3310.56,	122055
3311.0510, 3311.22, 3311.231, 3311.38, 3311.78, 3312.08, 3313.372,	122056
3313.376, 3313.42, 3313.48, 3313.483, 3313.484, 3313.488,	122057
3313.4810, 3313.533, 3313.539, 3313.603, 3313.6013, 3313.62,	122058
3313.64, 3313.646, 3313.65, 3313.714, 3313.715, 3313.83, 3313.841,	122059
3313.843, 3313.845, 3313.847, 3313.88, 3313.978, 3313.98,	122060
3313.981, 3314.015, 3314.017, 3314.029, 3314.03, 3314.05, 3314.06,	122061
3314.072, 3314.074, 3314.08, 3314.083, 3314.084, 3314.087,	122062
3314.09, 3314.091, 3314.11, 3314.26, 3315.40, 3315.42, 3316.041,	122063
3316.06, 3317.01, 3317.013, 3317.021, 3317.023, 3317.0212,	122064
3317.03, 3317.032, 3317.05, 3317.06, 3317.08, 3317.10, 3317.12,	122065
3317.14, 3317.141, 3317.18, 3317.19, 3317.20, 3317.50, 3317.51,	122066
3318.011, 3318.031, 3318.08, 3318.31, 3318.36, 3318.363, 3319.07,	122067
3319.073, 3319.17, 3319.22, 3319.235, 3319.57, 3321.01, 3321.05,	122068
3323.021, 3323.03, 3323.04, 3323.07, 3323.08, 3323.09, 3323.091,	122069
3323.13, 3323.14, 3323.141, 3323.142, 3326.11, 3326.20, 3326.31,	122070
3326.32, 3326.33, 3326.34, 3326.38, 3326.45, 3327.01, 3333.041,	122071
3333.31, 3333.82, 3335.35, 3335.36, 3335.37, 3335.38, 3345.05,	122072
3345.12, 3353.01, 3353.02, 3353.03, 3353.04, 3353.06, 3353.07,	122073
3365.01, 3365.02, 3365.07, 3365.12, 3383.01, 3383.07, 3501.01,	122074
3599.45, 3701.023, 3701.024, 3701.027, 3701.13, 3701.132,	122075
3701.243, 3701.261, 3701.262, 3701.264, 3701.342, 3701.344,	122076
3701.507, 3701.74, 3701.741, 3701.742, 3701.78, 3701.83, 3701.881,	122077
3701.921, 3701.922, 3701.99, 3702.30, 3702.51, 3702.521, 3702.55,	122078
3702.62, 3702.74, 3702.91, 3704.144, 3706.01, 3707.511, 3709.01,	122079
3709.051, 3709.10, 3712.051, 3712.07, 3712.09, 3713.06, 3714.07,	122080
3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02, 3721.022,	122081
3721.024, 3721.027, 3721.042, 3721.071, 3721.08, 3721.10, 3721.12,	122082
3721.121, 3721.13, 3721.14, 3721.15, 3721.16, 3721.17, 3721.19,	122083
3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.52, 3721.53,	122084
3721.531, 3721.532, 3721.533, 3721.54, 3721.541, 3721.55, 3721.56,	122085
3721.57, 3721.58, 3727.01, 3734.28, 3734.57, 3734.901, 3734.907,	122086
3735.58, 3737.02, 3737.83, 3737.841, 3737.88, 3742.30, 3742.31,	122087
3742.32, 3742.51, 3745.11, 3745.113, 3769.08, 3769.088, 3770.02,	122088
3770.03, 3770.06, 3772.03, 3772.062, 3772.091, 3781.112, 3793.01,	122089
3793.031, 3793.032, 3793.051, 3793.10, 3793.11, 3793.12, 3793.13,	122090
3793.14, 3793.15, 3793.16, 3793.18, 3793.22, 3793.31, 3793.32,	122091
3793.33, 3793.34, 3793.35, 3793.36, 3793.37, 3793.38, 3793.39,	122092
3798.01, 3901.3814, 3903.14, 3905.40, 3905.483, 3905.862, 3916.06,	122093
3923.24, 3923.241, 3923.281, 3923.443, 3923.49, 3923.50, 3923.601,	122094
3923.83, 3924.41, 3924.42, 3963.01, 3963.04, 4104.33, 4112.02,	122095
4112.12, 4112.31, 4115.034, 4115.32, 4117.06, 4117.14, 4117.15,	122096
4121.50, 4123.32, 4131.03, 4141.162, 4301.10, 4301.30, 4301.43,	122097
4305.131, 4501.01, 4501.21, 4503.62, 4505.02, 4505.09, 4505.101,	122098
4506.07, 4507.03, 4507.06, 4507.51, 4510.038, 4510.45, 4511.19,	122099
4511.191, 4511.69, 4513.60, 4513.61, 4513.62, 4701.03, 4707.02,	122100
4707.073, 4707.10, 4709.11, 4715.36, 4715.372, 4717.03, 4717.06,	122101
4717.07, 4717.10, 4717.14, 4717.15, 4719.01, 4723.18, 4723.35,	122102
4723.481, 4725.03, 4725.16, 4729.51, 4729.54, 4729.69, 4729.80,	122103
4729.81, 4729.99, 4730.411, 4731.151, 4731.23, 4731.65, 4731.71,	122104
4734.41, 4745.01, 4751.01, 4751.02, 4751.03, 4751.04, 4751.041,	122105
4751.05, 4751.06, 4751.07, 4751.08, 4751.10, 4751.11, 4751.12,	122106
4751.13, 4753.071, 4755.481, 4758.10, 4758.11, 4761.01, 4906.20,	122107
5101.01, 5101.11, 5101.141, 5101.16, 5101.162, 5101.18, 5101.181,	122108
5101.183, 5101.184, 5101.26, 5101.271, 5101.272, 5101.273,	122109
5101.30, 5101.31, 5101.34, 5101.35, 5101.36, 5101.46, 5101.461,	122110
5101.47, 5101.49, 5101.50, 5101.501, 5101.502, 5101.51, 5101.511,	122111
5101.512, 5101.513, 5101.516, 5101.517, 5101.519, 5101.5110,	122112
5101.52, 5101.521, 5101.522, 5101.524, 5101.527, 5101.571,	122113
5101.572, 5101.573, 5101.574, 5101.575, 5101.58, 5101.59,	122114
5101.591, 5101.60, 5101.61, 5101.80, 5101.801, 5101.803, 5103.02,	122115
5103.0323, 5103.13, 5103.42, 5104.012, 5104.013, 5104.02,	122116
5104.021, 5104.03, 5104.08, 5104.11, 5104.12, 5104.32, 5107.10,	122117
5107.14, 5107.16, 5107.20, 5107.24, 5107.26, 5107.42, 5107.64,	122118
5111.01, 5111.011, 5111.013, 5111.016, 5111.018, 5111.0112,	122119
5111.0114, 5111.0116, 5111.0117, 5111.0118, 5111.0119, 5111.02,	122120
5111.021, 5111.022, 5111.023, 5111.024, 5111.025, 5111.027,	122121
5111.028, 5111.029, 5111.0210, 5111.0211, 5111.0212, 5111.0213,	122122
5111.0214, 5111.0215, 5111.03, 5111.031, 5111.032, 5111.033,	122123
5111.034, 5111.035, 5111.04, 5111.042, 5111.05, 5111.051,	122124
5111.052, 5111.053, 5111.054, 5111.06, 5111.061, 5111.062,	122125
5111.063, 5111.07, 5111.071, 5111.08, 5111.081, 5111.082,	122126
5111.083, 5111.084, 5111.085, 5111.086, 5111.09, 5111.091,	122127
5111.092, 5111.10, 5111.101, 5111.102, 5111.11, 5111.111,	122128
5111.112, 5111.113, 5111.114, 5111.12, 5111.121, 5111.13, 5111.14,	122129
5111.141, 5111.15, 5111.151, 5111.16, 5111.161, 5111.162,	122130
5111.163, 5111.17, 5111.171, 5111.172, 5111.173, 5111.174,	122131
5111.175, 5111.177, 5111.178, 5111.179, 5111.1710, 5111.1711,	122132
5111.18, 5111.181, 5111.19, 5111.191, 5111.20, 5111.201, 5111.202,	122133
5111.203, 5111.204, 5111.21, 5111.212, 5111.22, 5111.221,	122134
5111.222, 5111.223, 5111.224, 5111.225, 5111.226, 5111.23,	122135
5111.231, 5111.232, 5111.233, 5111.235, 5111.24, 5111.241,	122136
5111.242, 5111.244, 5111.245, 5111.246, 5111.25, 5111.251,	122137
5111.254, 5111.255, 5111.257, 5111.258, 5111.259, 5111.26,	122138
5111.261, 5111.262, 5111.263, 5111.264, 5111.265, 5111.266,	122139
5111.27, 5111.271, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31,	122140
5111.32, 5111.33, 5111.331, 5111.35, 5111.36, 5111.37, 5111.38,	122141
5111.39, 5111.40, 5111.41, 5111.411, 5111.42, 5111.43, 5111.44,	122142
5111.45, 5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 5111.51,	122143
5111.511, 5111.52, 5111.53, 5111.54, 5111.55, 5111.56, 5111.57,	122144
5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 5111.63, 5111.66,	122145
5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674,	122146
5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682,	122147
5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688,	122148
5111.689, 5111.71, 5111.711, 5111.712, 5111.713, 5111.714,	122149
5111.715, 5111.84, 5111.85, 5111.851, 5111.852, 5111.853,	122150
5111.854, 5111.855, 5111.856, 5111.86, 5111.861, 5111.862,	122151
5111.863, 5111.864, 5111.865, 5111.87, 5111.871, 5111.872,	122152
5111.873, 5111.874, 5111.875, 5111.876, 5111.877, 5111.878,	122153
5111.879, 5111.88, 5111.881, 5111.882, 5111.883, 5111.884,	122154
5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810,	122155
5111.89, 5111.891, 5111.892, 5111.893, 5111.894, 5111.90, 5111.91,	122156
5111.911, 5111.912, 5111.914, 5111.915, 5111.92, 5111.93, 5111.94,	122157
5111.941, 5111.943, 5111.944, 5111.945, 5111.96, 5111.97, 5111.98,	122158
5111.981, 5111.982, 5111.99, 5112.01, 5112.03, 5112.04, 5112.05,	122159
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17,	122160
5112.18, 5112.19, 5112.21, 5112.30, 5112.31, 5112.32, 5112.33,	122161
5112.331, 5112.34, 5112.341, 5112.35, 5112.37, 5112.371, 5112.38,	122162
5112.39, 5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45,	122163
5112.46, 5112.47, 5112.48, 5112.99, 5112.991, 5115.20, 5117.10,	122164
5119.01, 5119.012, 5119.02, 5119.04, 5119.06, 5119.061, 5119.07,	122165
5119.071, 5119.072, 5119.08, 5119.10, 5119.101, 5119.11, 5119.12,	122166
5119.14, 5119.16, 5119.161, 5119.17, 5119.18, 5119.20, 5119.201,	122167
5119.202, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.27,	122168
5119.30, 5119.33, 5119.34, 5119.35, 5119.351, 5119.36, 5119.42,	122169
5119.43, 5119.44, 5119.46, 5119.51, 5119.52, 5119.53, 5119.57,	122170
5119.60, 5119.61, 5119.611, 5119.612, 5119.613, 5119.62, 5119.621,	122171
5119.622, 5119.63, 5119.631, 5119.69, 5119.691, 5119.99, 5120.07,	122172
5120.09, 5120.135, 5120.17, 5120.171, 5120.652, 5120.654,	122173
5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36,	122174
5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45,	122175
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55,	122176
5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15,	122177
5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25,	122178
5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33,	122179
5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46,	122180
5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	122181
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	122182
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.05,	122183
5126.051, 5126.054, 5126.055, 5126.24, 5139.03, 5139.04, 5139.08,	122184
5139.34, 5145.162, 5145.18, 5153.16, 5302.221, 5309.082, 5505.12,	122185
5507.46, 5511.03, 5701.13, 5703.052, 5703.059, 5703.21, 5703.37,	122186
5703.82, 5705.01, 5705.19, 5705.192, 5705.217, 5705.218, 5705.221,	122187
5705.25, 5705.412, 5709.17, 5709.212, 5709.75, 5725.18, 5725.34,	122188
5726.20, 5726.52, 5727.26, 5727.75, 5727.84, 5727.89, 5728.10,	122189
5729.03, 5729.17, 5731.39, 5733.01, 5733.06, 5733.11, 5733.98,	122190
5735.012, 5735.12, 5735.34, 5739.01, 5739.02, 5739.026, 5739.09,	122191
5739.12, 5739.13, 5741.01, 5741.03, 5741.12, 5741.17, 5743.081,	122192
5743.15, 5743.56, 5745.12, 5747.01, 5747.02, 5747.022, 5747.025,	122193
5747.08, 5747.10, 5747.11, 5747.113, 5747.122, 5747.13, 5747.21,	122194
5747.47, 5747.501, 5747.76, 5747.98, 5749.02, 5749.06, 5749.07,	122195
5749.17, 5751.01, 5751.014, 5751.07, 5751.081, 5751.09, 5751.20,	122196
5751.21, 5753.01, 5753.03, 5753.07, 5815.28, 5905.02, 5910.02,	122197
5910.07, 5919.34, 5924.502, 5924.503, 5924.504, 5924.506, 6109.21,	122198
and 6111.037 of the Revised Code are hereby repealed.	122199

Section 105.01. That sections 122.076, 122.15, 122.151,	122200
122.152, 122.153, 122.154, 122.29, 122.97, 123.23, 125.837,	122201
125.838, 166.22, 166.28, 173.425, 173.433, 183.28, 184.04,	122202
340.022, 340.033, 340.06, 340.14, 1513.371, 1531.34, 1547.721,	122203
1547.722, 1547.723, 1547.724, 1547.725, 1547.726, 3302.043,	122204
3313.481, 3313.482, 3313.4811, 3314.088, 3314.13, 3317.012,	122205
3317.014, 3317.018, 3317.02, 3317.022, 3317.029, 3317.0217,	122206
3317.051, 3317.052, 3317.053, 3317.11, 3317.13, 3317.16,	122207
3317.62, 3317.63, 3317.64, 3318.023, 3323.16, 3326.39, 3327.02,	122208
3345.81, 3353.09, 3353.15, 3353.20, 3383.02, 3383.03, 3383.04,	122209
3383.05, 3383.06, 3383.08, 3383.09, 3701.072, 3701.263,	122210
3701.343, 3701.90, 3701.901, 3701.902, 3701.903, 3701.904,	122211
3701.905, 3701.906, 3701.907, 3721.026, 3793.02, 3793.03,	122212
3793.04, 3793.041, 3793.05, 3793.06, 3793.061, 3793.08, 3793.09,	122213
3793.19, 3793.20, 3793.21, 3793.99, 5101.503, 5101.514,	122214
5101.515, 5101.518, 5101.523, 5101.525, 5101.526, 5101.528,	122215
5101.529, 5111.012, 5111.014, 5111.015, 5111.0110, 5111.0111,	122216
5111.0113, 5111.0115, 5111.0120, 5111.0121, 5111.0122,	122217
5111.0123, 5111.0124, 5111.0125, 5111.176, 5111.211, 5111.236,	122218
5111.65, 5111.70, 5111.701, 5111.702, 5111.703, 5111.704,	122219
5111.705, 5111.706, 5111.707, 5111.708, 5111.709, 5111.7011,	122220
5111.83, 5111.8710, 5111.8811, 5111.913, 5111.942, 5111.946,	122221
5119.011, 5119.013, 5119.03, 5119.05, 5119.47, 5119.623, 5119.64,	122222
5119.65, 5119.66, 5119.67, 5119.68, 5707.05, 5727.41, 5733.35,	122223
5747.211, 5747.33, 6101.451, and 6111.029 of the Revised Code are	122224
hereby repealed.	122225

Section 110.10. That section 3313.88 of the Revised Code as	122226
it results from Section 101.01 of this act be amended and	122227
recodified as section 3313.482 of the Revised Code to read as	122228
follows:	122229

~~Sec. 3313.88.~~ Sec. 3313.482. (A)(1) Prior to the first day of	122230
August of each school year, the board of education of any school	122231
district or the governing authority of any chartered nonpublic	122232
school may submit to the department of education a plan to require	122233
students to access and complete classroom lessons posted on the	122234
district's or nonpublic school's web portal or web site in order	122235
to make up ~~days~~hours in that school year on which it is	122236
necessary to close schools for ~~any of the reasons specified in~~	122237
~~division (B) of section 3317.01 of the Revised Code in excess of~~	122238
~~the number of days permitted under sections 3313.48, 3313.481, and~~	122239
~~3317.01 of the Revised Code~~disease epidemic, hazardous weather	122240
conditions, law enforcement emergencies, inoperability of school	122241
buses or other equipment necessary to the school's operation,	122242
damage to a school building, or other temporary circumstances due	122243
to utility failure rendering the school building unfit for school	122244
use.	122245

Prior to the first day of August of each school year, the	122246
governing authority of any community school established under	122247
Chapter 3314. that is not an internet- or computer-based community	122248
school, as defined in section 3314.02 of the Revised Code, may	122249
submit to the department a plan to require students to access and	122250
complete classroom lessons posted on the school's web portal or	122251
web site in order to make up ~~days or~~ hours in that school year on	122252
which it is necessary to close the school for any of the reasons	122253
specified in division (H)(4) of section 3314.08 of the Revised	122254
Code so that the school is in compliance with the minimum number	122255
of hours required under Chapter 3314. of the Revised Code.	122256

A plan submitted by a school district board or, chartered	122257
nonpublic school governing authority ~~shall provide for making up~~	122258
~~any number of days, up to a maximum of three days. A plan~~	122259
~~submitted by a~~, or community school governing authority shall	122260
provide for making up any number of hours, up to a maximum of the	122261
number of hours that are the equivalent of three school days.	122262
Provided the plan meets all requirements of this section, the	122263
department shall permit the board or governing authority to	122264
implement the plan for the applicable school year.	122265

(2) Each plan submitted under this section by a school	122266
district board of education shall include the written consent of	122267
the teachers' employee representative designated under division	122268
(B) of section 4117.04 of the Revised Code.	122269

(3) Each plan submitted under this section shall provide for	122270
the following:	122271

(a) Not later than the first day of November of the school	122272
year, each classroom teacher shall develop a sufficient number of	122273
lessons for each course taught by the teacher that school year to	122274
cover the number of make-up ~~days or~~ hours specified in the plan.	122275
The teacher shall designate the order in which the lessons are to	122276
be posted on the district's, community school's, or nonpublic	122277
school's web portal or web site in the event of a school closure.	122278
Teachers may be granted up to one professional development day to	122279
create lesson plans for those lessons.	122280

(b) To the extent possible and necessary, a classroom teacher	122281
shall update or replace, based on current instructional progress,	122282
one or more of the lesson plans developed under division (A)(3)(a)	122283
of this section before they are posted on the web portal or web	122284
site under division (A)(3)(c) of this section or distributed under	122285
division (B) of this section.	122286

(c) As soon as practicable after a school closure, a district	122287
or school employee responsible for web portal or web site	122288
operations shall make the designated lessons available to students	122289
on the district's, community school's, or nonpublic school's	122290
portal or site. A lesson shall be posted for each course that was	122291
scheduled to meet on the day or hours of the closure.	122292

(d) Each student enrolled in a course for which a lesson is	122293
posted on the portal or site shall be granted a two-week period	122294
from the date of posting to complete the lesson. The student's	122295
classroom teacher shall grade the lesson in the same manner as	122296
other lessons. The student may receive an incomplete or failing	122297
grade if the lesson is not completed on time.	122298

(e) If a student does not have access to a computer at the	122299
student's residence and the plan does not include blizzard bags	122300
under division (B) of this section, the student shall be permitted	122301
to work on the posted lessons at school after the student's school	122302
reopens. If the lessons were posted prior to the reopening, the	122303
student shall be granted a two-week period from the date of the	122304
reopening, rather than from the date of posting as otherwise	122305
required under division (A)(3)(d) of this section, to complete the	122306
lessons. The district board or community school or nonpublic	122307
school governing authority may provide the student access to a	122308
computer before, during, or after the regularly scheduled school	122309
day or may provide a substantially similar paper lesson in order	122310
to complete the lessons.	122311

(B)(1) In addition to posting classroom lessons online under	122312
division (A) of this section, the board of education of any school	122313
district or governing authority of any community or chartered	122314
nonpublic school may include in the plan distribution of "blizzard	122315
bags," which are paper copies of the lessons posted online.	122316

(2) If a school opts to use blizzard bags, teachers shall	122317
prepare paper copies in conjunction with the lessons to be posted	122318
online and update the paper copies whenever the teacher updates	122319
the online lesson plans.	122320

(3) The board of education of any school district or	122321
governing authority of any community or chartered nonpublic school	122322
that opts to use blizzard bags shall specify in the plan the	122323
method of distribution of blizzard bag lessons, which may include,	122324
but not be limited to, requiring distribution by a specific	122325
deadline or requiring distribution prior to anticipated school	122326
closure as directed by the superintendent of a school district or	122327
the principal, director, chief administrative officer, or the	122328
equivalent, of a school.	122329

(4) Students shall turn in completed lessons in accordance	122330
with division (A)(3)(d) of this section.	122331

(C)(1) No school district that implements a plan in	122332
accordance with this section shall be considered to have failed to	122333
comply with division (B) of section 3317.01 of the Revised Code	122334
with respect to the number of make-up ~~days~~hours specified in the	122335
plan.	122336

(2) No community school that implements a plan in accordance	122337
with this section shall be considered to have failed to comply	122338
with the minimum number of hours required under Chapter 3314. of	122339
the Revised Code with respect to the number of make-up hours	122340
specified in the plan.	122341

Section 110.11. That existing section 3313.88 of the Revised	122342
Code is hereby repealed.	122343

Section 110.12. Sections 110.10 and 110.11 of this act shall	122344
take effect July 1, 2014.	122345

Section 110.20. That the versions of sections 109.57,	122346
2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08, and	122347
5104.32 of the Revised Code that are scheduled to take effect	122348
January 1, 2014, be amended to read as follows:	122349

Sec. 109.57. (A)(1) The superintendent of the bureau of	122350
criminal identification and investigation shall procure from	122351
wherever procurable and file for record photographs, pictures,	122352
descriptions, fingerprints, measurements, and other information	122353
that may be pertinent of all persons who have been convicted of	122354
committing within this state a felony, any crime constituting a	122355
misdemeanor on the first offense and a felony on subsequent	122356
offenses, or any misdemeanor described in division (A)(1)(a),	122357
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	122358
all children under eighteen years of age who have been adjudicated	122359
delinquent children for committing within this state an act that	122360
would be a felony or an offense of violence if committed by an	122361
adult or who have been convicted of or pleaded guilty to	122362
committing within this state a felony or an offense of violence,	122363
and of all well-known and habitual criminals. The person in charge	122364
of any county, multicounty, municipal, municipal-county, or	122365
multicounty-municipal jail or workhouse, community-based	122366
correctional facility, halfway house, alternative residential	122367
facility, or state correctional institution and the person in	122368
charge of any state institution having custody of a person	122369
suspected of having committed a felony, any crime constituting a	122370
misdemeanor on the first offense and a felony on subsequent	122371
offenses, or any misdemeanor described in division (A)(1)(a),	122372
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	122373
having custody of a child under eighteen years of age with respect	122374
to whom there is probable cause to believe that the child may have	122375
committed an act that would be a felony or an offense of violence	122376
if committed by an adult shall furnish such material to the	122377
superintendent of the bureau. Fingerprints, photographs, or other	122378
descriptive information of a child who is under eighteen years of	122379
age, has not been arrested or otherwise taken into custody for	122380
committing an act that would be a felony or an offense of violence	122381
who is not in any other category of child specified in this	122382
division, if committed by an adult, has not been adjudicated a	122383
delinquent child for committing an act that would be a felony or	122384
an offense of violence if committed by an adult, has not been	122385
convicted of or pleaded guilty to committing a felony or an	122386
offense of violence, and is not a child with respect to whom there	122387
is probable cause to believe that the child may have committed an	122388
act that would be a felony or an offense of violence if committed	122389
by an adult shall not be procured by the superintendent or	122390
furnished by any person in charge of any county, multicounty,	122391
municipal, municipal-county, or multicounty-municipal jail or	122392
workhouse, community-based correctional facility, halfway house,	122393
alternative residential facility, or state correctional	122394
institution, except as authorized in section 2151.313 of the	122395
Revised Code.	122396

(2) Every clerk of a court of record in this state, other	122397
than the supreme court or a court of appeals, shall send to the	122398
superintendent of the bureau a weekly report containing a summary	122399
of each case involving a felony, involving any crime constituting	122400
a misdemeanor on the first offense and a felony on subsequent	122401
offenses, involving a misdemeanor described in division (A)(1)(a),	122402
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	122403
involving an adjudication in a case in which a child under	122404
eighteen years of age was alleged to be a delinquent child for	122405
committing an act that would be a felony or an offense of violence	122406
if committed by an adult. The clerk of the court of common pleas	122407
shall include in the report and summary the clerk sends under this	122408
division all information described in divisions (A)(2)(a) to (f)	122409
of this section regarding a case before the court of appeals that	122410
is served by that clerk. The summary shall be written on the	122411
standard forms furnished by the superintendent pursuant to	122412
division (B) of this section and shall include the following	122413
information:	122414

(a) The incident tracking number contained on the standard	122415
forms furnished by the superintendent pursuant to division (B) of	122416
this section;	122417

(b) The style and number of the case;

122418

122419

(d) The date that the person was convicted of or pleaded	122420
guilty to the offense, adjudicated a delinquent child for	122421
committing the act that would be a felony or an offense of	122422
violence if committed by an adult, found not guilty of the	122423
offense, or found not to be a delinquent child for committing an	122424
act that would be a felony or an offense of violence if committed	122425
by an adult, the date of an entry dismissing the charge, an entry	122426
declaring a mistrial of the offense in which the person is	122427
discharged, an entry finding that the person or child is not	122428
competent to stand trial, or an entry of a nolle prosequi, or the	122429
date of any other determination that constitutes final resolution	122430
of the case;	122431

(e) A statement of the original charge with the section of	122432
the Revised Code that was alleged to be violated;	122433

(f) If the person or child was convicted, pleaded guilty, or	122434
was adjudicated a delinquent child, the sentence or terms of	122435
probation imposed or any other disposition of the offender or the	122436
delinquent child.	122437

If the offense involved the disarming of a law enforcement	122438
officer or an attempt to disarm a law enforcement officer, the	122439
clerk shall clearly state that fact in the summary, and the	122440
superintendent shall ensure that a clear statement of that fact is	122441
placed in the bureau's records.	122442

(3) The superintendent shall cooperate with and assist	122443
sheriffs, chiefs of police, and other law enforcement officers in	122444
the establishment of a complete system of criminal identification	122445
and in obtaining fingerprints and other means of identification of	122446
all persons arrested on a charge of a felony, any crime	122447
constituting a misdemeanor on the first offense and a felony on	122448
subsequent offenses, or a misdemeanor described in division	122449
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	122450
Revised Code and of all children under eighteen years of age	122451
arrested or otherwise taken into custody for committing an act	122452
that would be a felony or an offense of violence if committed by	122453
an adult. The superintendent also shall file for record the	122454
fingerprint impressions of all persons confined in a county,	122455
multicounty, municipal, municipal-county, or multicounty-municipal	122456
jail or workhouse, community-based correctional facility, halfway	122457
house, alternative residential facility, or state correctional	122458
institution for the violation of state laws and of all children	122459
under eighteen years of age who are confined in a county,	122460
multicounty, municipal, municipal-county, or multicounty-municipal	122461
jail or workhouse, community-based correctional facility, halfway	122462
house, alternative residential facility, or state correctional	122463
institution or in any facility for delinquent children for	122464
committing an act that would be a felony or an offense of violence	122465
if committed by an adult, and any other information that the	122466
superintendent may receive from law enforcement officials of the	122467
state and its political subdivisions.	122468

(4) The superintendent shall carry out Chapter 2950. of the	122469
Revised Code with respect to the registration of persons who are	122470
convicted of or plead guilty to a sexually oriented offense or a	122471
child-victim oriented offense and with respect to all other duties	122472
imposed on the bureau under that chapter.	122473

(5) The bureau shall perform centralized recordkeeping	122474
functions for criminal history records and services in this state	122475
for purposes of the national crime prevention and privacy compact	122476
set forth in section 109.571 of the Revised Code and is the	122477
criminal history record repository as defined in that section for	122478
purposes of that compact. The superintendent or the	122479
superintendent's designee is the compact officer for purposes of	122480
that compact and shall carry out the responsibilities of the	122481
compact officer specified in that compact.	122482

(B) The superintendent shall prepare and furnish to every	122483
county, multicounty, municipal, municipal-county, or	122484
multicounty-municipal jail or workhouse, community-based	122485
correctional facility, halfway house, alternative residential	122486
facility, or state correctional institution and to every clerk of	122487
a court in this state specified in division (A)(2) of this section	122488
standard forms for reporting the information required under	122489
division (A) of this section. The standard forms that the	122490
superintendent prepares pursuant to this division may be in a	122491
tangible format, in an electronic format, or in both tangible	122492
formats and electronic formats.	122493

(C)(1) The superintendent may operate a center for	122494
electronic, automated, or other data processing for the storage	122495
and retrieval of information, data, and statistics pertaining to	122496
criminals and to children under eighteen years of age who are	122497
adjudicated delinquent children for committing an act that would	122498
be a felony or an offense of violence if committed by an adult,	122499
criminal activity, crime prevention, law enforcement, and criminal	122500
justice, and may establish and operate a statewide communications	122501
network to be known as the Ohio law enforcement gateway to gather	122502
and disseminate information, data, and statistics for the use of	122503
law enforcement agencies and for other uses specified in this	122504
division. The superintendent may gather, store, retrieve, and	122505
disseminate information, data, and statistics that pertain to	122506
children who are under eighteen years of age and that are gathered	122507
pursuant to sections 109.57 to 109.61 of the Revised Code together	122508
with information, data, and statistics that pertain to adults and	122509
that are gathered pursuant to those sections.	122510

(2) The superintendent or the superintendent's designee shall	122511
gather information of the nature described in division (C)(1) of	122512
this section that pertains to the offense and delinquency history	122513
of a person who has been convicted of, pleaded guilty to, or been	122514
adjudicated a delinquent child for committing a sexually oriented	122515
offense or a child-victim oriented offense for inclusion in the	122516
state registry of sex offenders and child-victim offenders	122517
maintained pursuant to division (A)(1) of section 2950.13 of the	122518
Revised Code and in the internet database operated pursuant to	122519
division (A)(13) of that section and for possible inclusion in the	122520
internet database operated pursuant to division (A)(11) of that	122521
section.	122522

(3) In addition to any other authorized use of information,	122523
data, and statistics of the nature described in division (C)(1) of	122524
this section, the superintendent or the superintendent's designee	122525
may provide and exchange the information, data, and statistics	122526
pursuant to the national crime prevention and privacy compact as	122527
described in division (A)(5) of this section.	122528

(4) The attorney general may adopt rules under Chapter 119.	122529
of the Revised Code establishing guidelines for the operation of	122530
and participation in the Ohio law enforcement gateway. The rules	122531
may include criteria for granting and restricting access to	122532
information gathered and disseminated through the Ohio law	122533
enforcement gateway. The attorney general shall permit the state	122534
medical board and board of nursing to access and view, but not	122535
alter, information gathered and disseminated through the Ohio law	122536
enforcement gateway.	122537

The attorney general may appoint a steering committee to	122538
advise the attorney general in the operation of the Ohio law	122539
enforcement gateway that is comprised of persons who are	122540
representatives of the criminal justice agencies in this state	122541
that use the Ohio law enforcement gateway and is chaired by the	122542
superintendent or the superintendent's designee.	122543

(D)(1) The following are not public records under section	122544
149.43 of the Revised Code:	122545

(a) Information and materials furnished to the superintendent	122546
pursuant to division (A) of this section;	122547

(b) Information, data, and statistics gathered or	122548
disseminated through the Ohio law enforcement gateway pursuant to	122549
division (C)(1) of this section;	122550

(c) Information and materials furnished to any board or	122551
person under division (F) or (G) of this section.	122552

(2) The superintendent or the superintendent's designee shall	122553
gather and retain information so furnished under division (A) of	122554
this section that pertains to the offense and delinquency history	122555
of a person who has been convicted of, pleaded guilty to, or been	122556
adjudicated a delinquent child for committing a sexually oriented	122557
offense or a child-victim oriented offense for the purposes	122558
described in division (C)(2) of this section.	122559

(E)(1) The attorney general shall adopt rules, in accordance	122560
with Chapter 119. of the Revised Code and subject to division	122561
(E)(2) of this section, setting forth the procedure by which a	122562
person may receive or release information gathered by the	122563
superintendent pursuant to division (A) of this section. A	122564
reasonable fee may be charged for this service. If a temporary	122565
employment service submits a request for a determination of	122566
whether a person the service plans to refer to an employment	122567
position has been convicted of or pleaded guilty to an offense	122568
listed or described in division (A)(1), (2), or (3) of section	122569
109.572 of the Revised Code, the request shall be treated as a	122570
single request and only one fee shall be charged.	122571

(2) Except as otherwise provided in this division, a rule	122572
adopted under division (E)(1) of this section may provide only for	122573
the release of information gathered pursuant to division (A) of	122574
this section that relates to the conviction of a person, or a	122575
person's plea of guilty to, a criminal offense. The superintendent	122576
shall not release, and the attorney general shall not adopt any	122577
rule under division (E)(1) of this section that permits the	122578
release of, any information gathered pursuant to division (A) of	122579
this section that relates to an adjudication of a child as a	122580
delinquent child, or that relates to a criminal conviction of a	122581
person under eighteen years of age if the person's case was	122582
transferred back to a juvenile court under division (B)(2) or (3)	122583
of section 2152.121 of the Revised Code and the juvenile court	122584
imposed a disposition or serious youthful offender disposition	122585
upon the person under either division, unless either of the	122586
following applies with respect to the adjudication or conviction:	122587

(a) The adjudication or conviction was for a violation of	122588
section 2903.01 or 2903.02 of the Revised Code.	122589

(b) The adjudication or conviction was for a sexually	122590
oriented offense, the juvenile court was required to classify the	122591
child a juvenile offender registrant for that offense under	122592
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	122593
classification has not been removed.	122594

(F)(1) As used in division (F)(2) of this section, "head	122595
start agency" means an entity in this state that has been approved	122596
to be an agency for purposes of subchapter II of the "Community	122597
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	122598
as amended.	122599

(2)(a) In addition to or in conjunction with any request that	122600
is required to be made under section 109.572, 2151.86, 3301.32,	122601
3301.541, division (C) of section 3310.58, or section 3319.39,	122602
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	122603
5153.111 of the Revised Code or that is made under section	122604
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	122605
board of education of any school district; the director of	122606
developmental disabilities; any county board of developmental	122607
disabilities; any provider or subcontractor as defined in section	122608
5123.081 of the Revised Code; the chief administrator of any	122609
chartered nonpublic school; the chief administrator of a	122610
registered private provider that is not also a chartered nonpublic	122611
school; the chief administrator of any home health agency; the	122612
chief administrator of or person operating any child day-care	122613
center, type A family day-care home, or type B family day-care	122614
home licensed under Chapter 5104. of the Revised Code; the chief	122615
administrator of any head start agency; the executive director of	122616
a public children services agency; a private company described in	122617
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	122618
Code; or an employer described in division (J)(2) of section	122619
3327.10 of the Revised Code may request that the superintendent of	122620
the bureau investigate and determine, with respect to any	122621
individual who has applied for employment in any position after	122622
October 2, 1989, or any individual wishing to apply for employment	122623
with a board of education may request, with regard to the	122624
individual, whether the bureau has any information gathered under	122625
division (A) of this section that pertains to that individual. On	122626
receipt of the request, subject to division (E)(2) of this	122627
section, the superintendent shall determine whether that	122628
information exists and, upon request of the person, board, or	122629
entity requesting information, also shall request from the federal	122630
bureau of investigation any criminal records it has pertaining to	122631
that individual. The superintendent or the superintendent's	122632
designee also may request criminal history records from other	122633
states or the federal government pursuant to the national crime	122634
prevention and privacy compact set forth in section 109.571 of the	122635
Revised Code. Within thirty days of the date that the	122636
superintendent receives a request, subject to division (E)(2) of	122637
this section, the superintendent shall send to the board, entity,	122638
or person a report of any information that the superintendent	122639
determines exists, including information contained in records that	122640
have been sealed under section 2953.32 of the Revised Code, and,	122641
within thirty days of its receipt, subject to division (E)(2) of	122642
this section, shall send the board, entity, or person a report of	122643
any information received from the federal bureau of investigation,	122644
other than information the dissemination of which is prohibited by	122645
federal law.	122646

(b) When a board of education or a registered private	122647
provider is required to receive information under this section as	122648
a prerequisite to employment of an individual pursuant to division	122649
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	122650
may accept a certified copy of records that were issued by the	122651
bureau of criminal identification and investigation and that are	122652
presented by an individual applying for employment with the	122653
district in lieu of requesting that information itself. In such a	122654
case, the board shall accept the certified copy issued by the	122655
bureau in order to make a photocopy of it for that individual's	122656
employment application documents and shall return the certified	122657
copy to the individual. In a case of that nature, a district or	122658
provider only shall accept a certified copy of records of that	122659
nature within one year after the date of their issuance by the	122660
bureau.	122661

(c) Notwithstanding division (F)(2)(a) of this section, in	122662
the case of a request under section 3319.39, 3319.391, or 3327.10	122663
of the Revised Code only for criminal records maintained by the	122664
federal bureau of investigation, the superintendent shall not	122665
determine whether any information gathered under division (A) of	122666
this section exists on the person for whom the request is made.	122667

(3) The state board of education may request, with respect to	122668
any individual who has applied for employment after October 2,	122669
1989, in any position with the state board or the department of	122670
education, any information that a school district board of	122671
education is authorized to request under division (F)(2) of this	122672
section, and the superintendent of the bureau shall proceed as if	122673
the request has been received from a school district board of	122674
education under division (F)(2) of this section.	122675

(4) When the superintendent of the bureau receives a request	122676
for information under section 3319.291 of the Revised Code, the	122677
superintendent shall proceed as if the request has been received	122678
from a school district board of education and shall comply with	122679
divisions (F)(2)(a) and (c) of this section.	122680

(5) When a recipient of a classroom reading improvement grant	122681
paid under section 3301.86 of the Revised Code requests, with	122682
respect to any individual who applies to participate in providing	122683
any program or service funded in whole or in part by the grant,	122684
the information that a school district board of education is	122685
authorized to request under division (F)(2)(a) of this section,	122686
the superintendent of the bureau shall proceed as if the request	122687
has been received from a school district board of education under	122688
division (F)(2)(a) of this section.	122689

(G) In addition to or in conjunction with any request that is	122690
required to be made under section 3701.881, 3712.09, or 3721.121	122691
of the Revised Code with respect to an individual who has applied	122692
for employment in a position that involves providing direct care	122693
to an older adult or adult resident, the chief administrator of a	122694
home health agency, hospice care program, home licensed under	122695
Chapter 3721. of the Revised Code, or adult day-care program	122696
operated pursuant to rules adopted under section 3721.04 of the	122697
Revised Code may request that the superintendent of the bureau	122698
investigate and determine, with respect to any individual who has	122699
applied after January 27, 1997, for employment in a position that	122700
does not involve providing direct care to an older adult or adult	122701
resident, whether the bureau has any information gathered under	122702
division (A) of this section that pertains to that individual.	122703

In addition to or in conjunction with any request that is	122704
required to be made under section 173.27 of the Revised Code with	122705
respect to an individual who has applied for employment in a	122706
position that involves providing ~~ombudsperson~~ombudsman services	122707
to residents of long-term care facilities or recipients of	122708
community-based long-term care services, the state long-term care	122709
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	122710
of ~~health~~aging, a regional long-term care ombudsman program, or	122711
the designee of the ombudsman, director, or program may request	122712
that the superintendent investigate and determine, with respect to	122713
any individual who has applied for employment in a position that	122714
does not involve providing such ~~ombudsperson~~ombudsman services,	122715
whether the bureau has any information gathered under division (A)	122716
of this section that pertains to that applicant.	122717

In addition to or in conjunction with any request that is	122718
required to be made under section ~~173.394~~173.38 of the Revised	122719
Code with respect to an individual who has applied for employment	122720
in a direct-care position ~~that involves providing direct care to~~	122721
~~an individual~~, the chief administrator of a ~~community-based~~	122722
~~long-term care agency~~provider, as defined in section 173.39 of	122723
the Revised Code, may request that the superintendent investigate	122724
and determine, with respect to any individual who has applied for	122725
employment in a position that ~~does~~is not ~~involve providing direct~~	122726
~~care~~a direct-care position, whether the bureau has any	122727
information gathered under division (A) of this section that	122728
pertains to that applicant.	122729

In addition to or in conjunction with any request that is	122730
required to be made under section 3712.09 of the Revised Code with	122731
respect to an individual who has applied for employment in a	122732
position that involves providing direct care to a pediatric	122733
respite care patient, the chief administrator of a pediatric	122734
respite care program may request that the superintendent of the	122735
bureau investigate and determine, with respect to any individual	122736
who has applied for employment in a position that does not involve	122737
providing direct care to a pediatric respite care patient, whether	122738
the bureau has any information gathered under division (A) of this	122739
section that pertains to that individual.	122740

On receipt of a request under this division, the	122741
superintendent shall determine whether that information exists	122742
and, on request of the individual requesting information, shall	122743
also request from the federal bureau of investigation any criminal	122744
records it has pertaining to the applicant. The superintendent or	122745
the superintendent's designee also may request criminal history	122746
records from other states or the federal government pursuant to	122747
the national crime prevention and privacy compact set forth in	122748
section 109.571 of the Revised Code. Within thirty days of the	122749
date a request is received, subject to division (E)(2) of this	122750
section, the superintendent shall send to the requester a report	122751
of any information determined to exist, including information	122752
contained in records that have been sealed under section 2953.32	122753
of the Revised Code, and, within thirty days of its receipt, shall	122754
send the requester a report of any information received from the	122755
federal bureau of investigation, other than information the	122756
dissemination of which is prohibited by federal law.	122757

(H) Information obtained by a government entity or person	122758
under this section is confidential and shall not be released or	122759
disseminated.	122760

(I) The superintendent may charge a reasonable fee for	122761
providing information or criminal records under division (F)(2) or	122762
(G) of this section.	122763

(J) As used in this section:

122764

(1) "Pediatric respite care program" and "pediatric care	122765
patient" have the same meanings as in section 3712.01 of the	122766
Revised Code.	122767

(2) "Sexually oriented offense" and "child-victim oriented	122768
offense" have the same meanings as in section 2950.01 of the	122769
Revised Code.	122770

(3) "Registered private provider" means a nonpublic school or	122771
entity registered with the superintendent of public instruction	122772
under section 3310.41 of the Revised Code to participate in the	122773
autism scholarship program or section 3310.58 of the Revised Code	122774
to participate in the Jon Peterson special needs scholarship	122775
program.	122776

Sec. 2151.011. (A) As used in the Revised Code:

122777

(1) "Juvenile court" means whichever of the following is	122778
applicable that has jurisdiction under this chapter and Chapter	122779
2152. of the Revised Code:	122780

(a) The division of the court of common pleas specified in	122781
section 2101.022 or 2301.03 of the Revised Code as having	122782
jurisdiction under this chapter and Chapter 2152. of the Revised	122783
Code or as being the juvenile division or the juvenile division	122784
combined with one or more other divisions;	122785

(b) The juvenile court of Cuyahoga county or Hamilton county	122786
that is separately and independently created by section 2151.08 or	122787
Chapter 2153. of the Revised Code and that has jurisdiction under	122788
this chapter and Chapter 2152. of the Revised Code;	122789

(c) If division (A)(1)(a) or (b) of this section does not	122790
apply, the probate division of the court of common pleas.	122791

(2) "Juvenile judge" means a judge of a court having	122792
jurisdiction under this chapter.	122793

(3) "Private child placing agency" means any association, as	122794
defined in section 5103.02 of the Revised Code, that is certified	122795
under section 5103.03 of the Revised Code to accept temporary,	122796
permanent, or legal custody of children and place the children for	122797
either foster care or adoption.	122798

(4) "Private noncustodial agency" means any person,	122799
organization, association, or society certified by the department	122800
of job and family services that does not accept temporary or	122801
permanent legal custody of children, that is privately operated in	122802
this state, and that does one or more of the following:	122803

(a) Receives and cares for children for two or more	122804
consecutive weeks;	122805

(b) Participates in the placement of children in certified	122806
foster homes;	122807

(c) Provides adoption services in conjunction with a public	122808
children services agency or private child placing agency.	122809

(B) As used in this chapter:

122810

(1) "Adequate parental care" means the provision by a child's	122811
parent or parents, guardian, or custodian of adequate food,	122812
clothing, and shelter to ensure the child's health and physical	122813
safety and the provision by a child's parent or parents of	122814
specialized services warranted by the child's physical or mental	122815
needs.	122816

(2) "Adult" means an individual who is eighteen years of age	122817
or older.	122818

(3) "Agreement for temporary custody" means a voluntary	122819
agreement authorized by section 5103.15 of the Revised Code that	122820
transfers the temporary custody of a child to a public children	122821
services agency or a private child placing agency.	122822

(4) "Alternative response" means the public children services	122823
agency's response to a report of child abuse or neglect that	122824
engages the family in a comprehensive evaluation of child safety,	122825
risk of subsequent harm, and family strengths and needs and that	122826
does not include a determination as to whether child abuse or	122827
neglect occurred.	122828

(5) "Certified foster home" means a foster home, as defined	122829
in section 5103.02 of the Revised Code, certified under section	122830
5103.03 of the Revised Code.	122831

(6) "Child" means a person who is under eighteen years of	122832
age, except that the juvenile court has jurisdiction over any	122833
person who is adjudicated an unruly child prior to attaining	122834
eighteen years of age until the person attains twenty-one years of	122835
age, and, for purposes of that jurisdiction related to that	122836
adjudication, a person who is so adjudicated an unruly child shall	122837
be deemed a "child" until the person attains twenty-one years of	122838
age.	122839

(7) "Child day camp," "child care," "child day-care center,"	122840
"part-time child day-care center," "type A family day-care home,"	122841
"licensed type B family day-care home," "type B family day-care	122842
home," "administrator of a child day-care center," "administrator	122843
of a type A family day-care home," and "in-home aide" have the	122844
same meanings as in section 5104.01 of the Revised Code.	122845

(8) "Child care provider" means an individual who is a	122846
child-care staff member or administrator of a child day-care	122847
center, a type A family day-care home, or a type B family day-care	122848
home, or an in-home aide or an individual who is licensed, is	122849
regulated, is approved, operates under the direction of, or	122850
otherwise is certified by the department of job and family	122851
services, department of developmental disabilities, or the early	122852
childhood programs of the department of education.	122853

(9) "Chronic truant" has the same meaning as in section	122854
2152.02 of the Revised Code.	122855

(10) "Commit" means to vest custody as ordered by the court.

122856

(11) "Counseling" includes both of the following:

122857

(a) General counseling services performed by a public	122858
children services agency or shelter for victims of domestic	122859
violence to assist a child, a child's parents, and a child's	122860
siblings in alleviating identified problems that may cause or have	122861
caused the child to be an abused, neglected, or dependent child.	122862

(b) Psychiatric or psychological therapeutic counseling	122863
services provided to correct or alleviate any mental or emotional	122864
illness or disorder and performed by a licensed psychiatrist,	122865
licensed psychologist, or a person licensed under Chapter 4757. of	122866
the Revised Code to engage in social work or professional	122867
counseling.	122868

(12) "Custodian" means a person who has legal custody of a	122869
child or a public children services agency or private child	122870
placing agency that has permanent, temporary, or legal custody of	122871
a child.	122872

(13) "Delinquent child" has the same meaning as in section	122873
2152.02 of the Revised Code.	122874

(14) "Detention" means the temporary care of children pending	122875
court adjudication or disposition, or execution of a court order,	122876
in a public or private facility designed to physically restrict	122877
the movement and activities of children.	122878

(15) "Developmental disability" has the same meaning as in	122879
section 5123.01 of the Revised Code.	122880

(16) "Differential response approach" means an approach that	122881
a public children services agency may use to respond to accepted	122882
reports of child abuse or neglect with either an alternative	122883
response or a traditional response.	122884

(17) "Foster caregiver" has the same meaning as in section	122885
5103.02 of the Revised Code.	122886

(18) "Guardian" means a person, association, or corporation	122887
that is granted authority by a probate court pursuant to Chapter	122888
2111. of the Revised Code to exercise parental rights over a child	122889
to the extent provided in the court's order and subject to the	122890
residual parental rights of the child's parents.	122891

(19) "Habitual truant" means any child of compulsory school	122892
age who is absent without legitimate excuse for absence from the	122893
public school the child is supposed to attend for five or more	122894
consecutive school days, seven or more school days in one school	122895
month, or twelve or more school days in a school year.	122896

(20) "Juvenile traffic offender" has the same meaning as in	122897
section 2152.02 of the Revised Code.	122898

(21) "Legal custody" means a legal status that vests in the	122899
custodian the right to have physical care and control of the child	122900
and to determine where and with whom the child shall live, and the	122901
right and duty to protect, train, and discipline the child and to	122902
provide the child with food, shelter, education, and medical care,	122903
all subject to any residual parental rights, privileges, and	122904
responsibilities. An individual granted legal custody shall	122905
exercise the rights and responsibilities personally unless	122906
otherwise authorized by any section of the Revised Code or by the	122907
court.	122908

(22) A "legitimate excuse for absence from the public school	122909
the child is supposed to attend" includes, but is not limited to,	122910
any of the following:	122911

(a) The fact that the child in question has enrolled in and	122912
is attending another public or nonpublic school in this or another	122913
state;	122914

(b) The fact that the child in question is excused from	122915
attendance at school for any of the reasons specified in section	122916
3321.04 of the Revised Code;	122917

(c) The fact that the child in question has received an age	122918
and schooling certificate in accordance with section 3331.01 of	122919
the Revised Code.	122920

(23) "Mental illness" and "mentally ill person subject to	122921
hospitalization by court order" have the same meanings as in	122922
section 5122.01 of the Revised Code.	122923

(24) "Mental injury" means any behavioral, cognitive,	122924
emotional, or mental disorder in a child caused by an act or	122925
omission that is described in section 2919.22 of the Revised Code	122926
and is committed by the parent or other person responsible for the	122927
child's care.	122928

(25) "Mentally retarded person" has the same meaning as in	122929
section 5123.01 of the Revised Code.	122930

(26) "Nonsecure care, supervision, or training" means care,	122931
supervision, or training of a child in a facility that does not	122932
confine or prevent movement of the child within the facility or	122933
from the facility.	122934

(27) "Of compulsory school age" has the same meaning as in	122935
section 3321.01 of the Revised Code.	122936

(28) "Organization" means any institution, public,	122937
semipublic, or private, and any private association, society, or	122938
agency located or operating in the state, incorporated or	122939
unincorporated, having among its functions the furnishing of	122940
protective services or care for children, or the placement of	122941
children in certified foster homes or elsewhere.	122942

(29) "Out-of-home care" means detention facilities, shelter	122943
facilities, certified children's crisis care facilities, certified	122944
foster homes, placement in a prospective adoptive home prior to	122945
the issuance of a final decree of adoption, organizations,	122946
certified organizations, child day-care centers, type A family	122947
day-care homes, type B family day-care homes, child care provided	122948
by in-home aides, group home providers, group homes, institutions,	122949
state institutions, residential facilities, residential care	122950
facilities, residential camps, day camps, public schools,	122951
chartered nonpublic schools, educational service centers,	122952
hospitals, and medical clinics that are responsible for the care,	122953
physical custody, or control of children.	122954

(30) "Out-of-home care child abuse" means any of the	122955
following when committed by a person responsible for the care of a	122956
child in out-of-home care:	122957

(a) Engaging in sexual activity with a child in the person's	122958
care;	122959

(b) Denial to a child, as a means of punishment, of proper or	122960
necessary subsistence, education, medical care, or other care	122961
necessary for a child's health;	122962

(c) Use of restraint procedures on a child that cause injury	122963
or pain;	122964

(d) Administration of prescription drugs or psychotropic	122965
medication to the child without the written approval and ongoing	122966
supervision of a licensed physician;	122967

(e) Commission of any act, other than by accidental means,	122968
that results in any injury to or death of the child in out-of-home	122969
care or commission of any act by accidental means that results in	122970
an injury to or death of a child in out-of-home care and that is	122971
at variance with the history given of the injury or death.	122972

(31) "Out-of-home care child neglect" means any of the	122973
following when committed by a person responsible for the care of a	122974
child in out-of-home care:	122975

(a) Failure to provide reasonable supervision according to	122976
the standards of care appropriate to the age, mental and physical	122977
condition, or other special needs of the child;	122978

(b) Failure to provide reasonable supervision according to	122979
the standards of care appropriate to the age, mental and physical	122980
condition, or other special needs of the child, that results in	122981
sexual or physical abuse of the child by any person;	122982

122983

(i) Administration of prescription drugs or psychotropic	122984
drugs for the child;	122985

(ii) Assuring that the instructions of the licensed physician	122986
who prescribed a drug for the child are followed;	122987

(iii) Reporting to the licensed physician who prescribed the	122988
drug all unfavorable or dangerous side effects from the use of the	122989
drug.	122990

(d) Failure to provide proper or necessary subsistence,	122991
education, medical care, or other individualized care necessary	122992
for the health or well-being of the child;	122993

(e) Confinement of the child to a locked room without	122994
monitoring by staff;	122995

(f) Failure to provide ongoing security for all prescription	122996
and nonprescription medication;	122997

(g) Isolation of a child for a period of time when there is	122998
substantial risk that the isolation, if continued, will impair or	122999
retard the mental health or physical well-being of the child.	123000

(32) "Permanent custody" means a legal status that vests in a	123001
public children services agency or a private child placing agency,	123002
all parental rights, duties, and obligations, including the right	123003
to consent to adoption, and divests the natural parents or	123004
adoptive parents of all parental rights, privileges, and	123005
obligations, including all residual rights and obligations.	123006

(33) "Permanent surrender" means the act of the parents or,	123007
if a child has only one parent, of the parent of a child, by a	123008
voluntary agreement authorized by section 5103.15 of the Revised	123009
Code, to transfer the permanent custody of the child to a public	123010
children services agency or a private child placing agency.	123011

(34) "Person" means an individual, association, corporation,	123012
or partnership and the state or any of its political subdivisions,	123013
departments, or agencies.	123014

(35) "Person responsible for a child's care in out-of-home	123015
care" means any of the following:	123016

(a) Any foster caregiver, in-home aide, or provider;

123017

(b) Any administrator, employee, or agent of any of the	123018
following: a public or private detention facility; shelter	123019
facility; certified children's crisis care facility; organization;	123020
certified organization; child day-care center; type A family	123021
day-care home; licensed type B family day-care home; group home;	123022
institution; state institution; residential facility; residential	123023
care facility; residential camp; day camp; school district;	123024
community school; chartered nonpublic school; educational service	123025
center; hospital; or medical clinic;	123026

(c) Any person who supervises or coaches children as part of	123027
an extracurricular activity sponsored by a school district, public	123028
school, or chartered nonpublic school;	123029

(d) Any other person who performs a similar function with	123030
respect to, or has a similar relationship to, children.	123031

(36) "Physically impaired" means having one or more of the	123032
following conditions that substantially limit one or more of an	123033
individual's major life activities, including self-care, receptive	123034
and expressive language, learning, mobility, and self-direction:	123035

(a) A substantial impairment of vision, speech, or hearing;

123036

(b) A congenital orthopedic impairment;

123037

(c) An orthopedic impairment caused by disease, rheumatic	123038
fever or any other similar chronic or acute health problem, or	123039
amputation or another similar cause.	123040

(37) "Placement for adoption" means the arrangement by a	123041
public children services agency or a private child placing agency	123042
with a person for the care and adoption by that person of a child	123043
of whom the agency has permanent custody.	123044

(38) "Placement in foster care" means the arrangement by a	123045
public children services agency or a private child placing agency	123046
for the out-of-home care of a child of whom the agency has	123047
temporary custody or permanent custody.	123048

(39) "Planned permanent living arrangement" means an order of	123049
a juvenile court pursuant to which both of the following apply:	123050

(a) The court gives legal custody of a child to a public	123051
children services agency or a private child placing agency without	123052
the termination of parental rights.	123053

(b) The order permits the agency to make an appropriate	123054
placement of the child and to enter into a written agreement with	123055
a foster care provider or with another person or agency with whom	123056
the child is placed.	123057

(40) "Practice of social work" and "practice of professional	123058
counseling" have the same meanings as in section 4757.01 of the	123059
Revised Code.	123060

(41) "Sanction, service, or condition" means a sanction,	123061
service, or condition created by court order following an	123062
adjudication that a child is an unruly child that is described in	123063
division (A)(4) of section 2152.19 of the Revised Code.	123064

(42) "Protective supervision" means an order of disposition	123065
pursuant to which the court permits an abused, neglected,	123066
dependent, or unruly child to remain in the custody of the child's	123067
parents, guardian, or custodian and stay in the child's home,	123068
subject to any conditions and limitations upon the child, the	123069
child's parents, guardian, or custodian, or any other person that	123070
the court prescribes, including supervision as directed by the	123071
court for the protection of the child.	123072

(43) "Psychiatrist" has the same meaning as in section	123073
5122.01 of the Revised Code.	123074

(44) "Psychologist" has the same meaning as in section	123075
4732.01 of the Revised Code.	123076

(45) "Residential camp" means a program in which the care,	123077
physical custody, or control of children is accepted overnight for	123078
recreational or recreational and educational purposes.	123079

(46) "Residential care facility" means an institution,	123080
residence, or facility that is licensed by the department of	123081
~~mental health~~mental health and addiction services under section	123082
~~5119.22~~5119.34 of the Revised Code and that provides care for a	123083
child.	123084

(47) "Residential facility" means a home or facility that is	123085
licensed by the department of developmental disabilities under	123086
section 5123.19 of the Revised Code and in which a child with a	123087
developmental disability resides.	123088

(48) "Residual parental rights, privileges, and	123089
responsibilities" means those rights, privileges, and	123090
responsibilities remaining with the natural parent after the	123091
transfer of legal custody of the child, including, but not	123092
necessarily limited to, the privilege of reasonable visitation,	123093
consent to adoption, the privilege to determine the child's	123094
religious affiliation, and the responsibility for support.	123095

(49) "School day" means the school day established by the	123096
~~state~~ board of education of the applicable school district	123097
pursuant to section ~~3313.48~~3313.481 of the Revised Code.	123098

(50) "School ~~month" and "school~~ year" ~~have~~has the same	123099
~~meanings~~meaning as in section 3313.62 of the Revised Code.	123100

(51) "Secure correctional facility" means a facility under	123101
the direction of the department of youth services that is designed	123102
to physically restrict the movement and activities of children and	123103
used for the placement of children after adjudication and	123104
disposition.	123105

(52) "Sexual activity" has the same meaning as in section	123106
2907.01 of the Revised Code.	123107

(53) "Shelter" means the temporary care of children in	123108
physically unrestricted facilities pending court adjudication or	123109
disposition.	123110

(54) "Shelter for victims of domestic violence" has the same	123111
meaning as in section 3113.33 of the Revised Code.	123112

(55) "Temporary custody" means legal custody of a child who	123113
is removed from the child's home, which custody may be terminated	123114
at any time at the discretion of the court or, if the legal	123115
custody is granted in an agreement for temporary custody, by the	123116
person who executed the agreement.	123117

(56) "Traditional response" means a public children services	123118
agency's response to a report of child abuse or neglect that	123119
encourages engagement of the family in a comprehensive evaluation	123120
of the child's current and future safety needs and a fact-finding	123121
process to determine whether child abuse or neglect occurred and	123122
the circumstances surrounding the alleged harm or risk of harm.	123123

(C) For the purposes of this chapter, a child shall be	123124
presumed abandoned when the parents of the child have failed to	123125
visit or maintain contact with the child for more than ninety	123126
days, regardless of whether the parents resume contact with the	123127
child after that period of ninety days.	123128

Sec. 2923.126. (A) A concealed handgun license that is	123129
issued under section 2923.125 of the Revised Code shall expire	123130
five years after the date of issuance. A licensee who has been	123131
issued a license under that section shall be granted a grace	123132
period of thirty days after the licensee's license expires during	123133
which the licensee's license remains valid. Except as provided in	123134
divisions (B) and (C) of this section, a licensee who has been	123135
issued a concealed handgun license under section 2923.125 or	123136
2923.1213 of the Revised Code may carry a concealed handgun	123137
anywhere in this state if the licensee also carries a valid	123138
license and valid identification when the licensee is in actual	123139
possession of a concealed handgun. The licensee shall give notice	123140
of any change in the licensee's residence address to the sheriff	123141
who issued the license within forty-five days after that change.	123142

If a licensee is the driver or an occupant of a motor vehicle	123143
that is stopped as the result of a traffic stop or a stop for	123144
another law enforcement purpose and if the licensee is	123145
transporting or has a loaded handgun in the motor vehicle at that	123146
time, the licensee shall promptly inform any law enforcement	123147
officer who approaches the vehicle while stopped that the licensee	123148
has been issued a concealed handgun license and that the licensee	123149
currently possesses or has a loaded handgun; the licensee shall	123150
not knowingly disregard or fail to comply with lawful orders of a	123151
law enforcement officer given while the motor vehicle is stopped,	123152
knowingly fail to remain in the motor vehicle while stopped, or	123153
knowingly fail to keep the licensee's hands in plain sight after	123154
any law enforcement officer begins approaching the licensee while	123155
stopped and before the officer leaves, unless directed otherwise	123156
by a law enforcement officer; and the licensee shall not knowingly	123157
have contact with the loaded handgun by touching it with the	123158
licensee's hands or fingers, in any manner in violation of	123159
division (E) of section 2923.16 of the Revised Code, after any law	123160
enforcement officer begins approaching the licensee while stopped	123161
and before the officer leaves. Additionally, if a licensee is the	123162
driver or an occupant of a commercial motor vehicle that is	123163
stopped by an employee of the motor carrier enforcement unit for	123164
the purposes defined in section 5503.04 of the Revised Code and if	123165
the licensee is transporting or has a loaded handgun in the	123166
commercial motor vehicle at that time, the licensee shall promptly	123167
inform the employee of the unit who approaches the vehicle while	123168
stopped that the licensee has been issued a concealed handgun	123169
license and that the licensee currently possesses or has a loaded	123170
handgun.	123171

If a licensee is stopped for a law enforcement purpose and if	123172
the licensee is carrying a concealed handgun at the time the	123173
officer approaches, the licensee shall promptly inform any law	123174
enforcement officer who approaches the licensee while stopped that	123175
the licensee has been issued a concealed handgun license and that	123176
the licensee currently is carrying a concealed handgun; the	123177
licensee shall not knowingly disregard or fail to comply with	123178
lawful orders of a law enforcement officer given while the	123179
licensee is stopped or knowingly fail to keep the licensee's hands	123180
in plain sight after any law enforcement officer begins	123181
approaching the licensee while stopped and before the officer	123182
leaves, unless directed otherwise by a law enforcement officer;	123183
and the licensee shall not knowingly remove, attempt to remove,	123184
grasp, or hold the loaded handgun or knowingly have contact with	123185
the loaded handgun by touching it with the licensee's hands or	123186
fingers, in any manner in violation of division (B) of section	123187
2923.12 of the Revised Code, after any law enforcement officer	123188
begins approaching the licensee while stopped and before the	123189
officer leaves.	123190

(B) A valid concealed handgun license does not authorize the	123191
licensee to carry a concealed handgun in any manner prohibited	123192
under division (B) of section 2923.12 of the Revised Code or in	123193
any manner prohibited under section 2923.16 of the Revised Code. A	123194
valid license does not authorize the licensee to carry a concealed	123195
handgun into any of the following places:	123196

(1) A police station, sheriff's office, or state highway	123197
patrol station, premises controlled by the bureau of criminal	123198
identification and investigation, a state correctional	123199
institution, jail, workhouse, or other detention facility, an	123200
airport passenger terminal, or an institution that is maintained,	123201
operated, managed, and governed pursuant to division (A) of	123202
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	123203
section 5123.03 of the Revised Code;	123204

(2) A school safety zone if the licensee's carrying the	123205
concealed handgun is in violation of section 2923.122 of the	123206
Revised Code;	123207

(3) A courthouse or another building or structure in which a	123208
courtroom is located, in violation of section 2923.123 of the	123209
Revised Code;	123210

(4) Any premises or open air arena for which a D permit has	123211
been issued under Chapter 4303. of the Revised Code if the	123212
licensee's carrying the concealed handgun is in violation of	123213
section 2923.121 of the Revised Code;	123214

(5) Any premises owned or leased by any public or private	123215
college, university, or other institution of higher education,	123216
unless the handgun is in a locked motor vehicle or the licensee is	123217
in the immediate process of placing the handgun in a locked motor	123218
vehicle;	123219

(6) Any church, synagogue, mosque, or other place of worship,	123220
unless the church, synagogue, mosque, or other place of worship	123221
posts or permits otherwise;	123222

(7) A child day-care center, a type A family day-care home,	123223
or a type B family day-care home, except that this division does	123224
not prohibit a licensee who resides in a type A family day-care	123225
home or a type B family day-care home from carrying a concealed	123226
handgun at any time in any part of the home that is not dedicated	123227
or used for day-care purposes, or from carrying a concealed	123228
handgun in a part of the home that is dedicated or used for	123229
day-care purposes at any time during which no children, other than	123230
children of that licensee, are in the home;	123231

(8) An aircraft that is in, or intended for operation in,	123232
foreign air transportation, interstate air transportation,	123233
intrastate air transportation, or the transportation of mail by	123234
aircraft;	123235

(9) Any building that is a government facility of this state	123236
or a political subdivision of this state and that is not a	123237
building that is used primarily as a shelter, restroom, parking	123238
facility for motor vehicles, or rest facility and is not a	123239
courthouse or other building or structure in which a courtroom is	123240
located that is subject to division (B)(3) of this section;	123241

(10) A place in which federal law prohibits the carrying of	123242
handguns.	123243

(C)(1) Nothing in this section shall negate or restrict a	123244
rule, policy, or practice of a private employer that is not a	123245
private college, university, or other institution of higher	123246
education concerning or prohibiting the presence of firearms on	123247
the private employer's premises or property, including motor	123248
vehicles owned by the private employer. Nothing in this section	123249
shall require a private employer of that nature to adopt a rule,	123250
policy, or practice concerning or prohibiting the presence of	123251
firearms on the private employer's premises or property, including	123252
motor vehicles owned by the private employer.	123253

(2)(a) A private employer shall be immune from liability in a	123254
civil action for any injury, death, or loss to person or property	123255
that allegedly was caused by or related to a licensee bringing a	123256
handgun onto the premises or property of the private employer,	123257
including motor vehicles owned by the private employer, unless the	123258
private employer acted with malicious purpose. A private employer	123259
is immune from liability in a civil action for any injury, death,	123260
or loss to person or property that allegedly was caused by or	123261
related to the private employer's decision to permit a licensee to	123262
bring, or prohibit a licensee from bringing, a handgun onto the	123263
premises or property of the private employer. As used in this	123264
division, "private employer" includes a private college,	123265
university, or other institution of higher education.	123266

(b) A political subdivision shall be immune from liability in	123267
a civil action, to the extent and in the manner provided in	123268
Chapter 2744. of the Revised Code, for any injury, death, or loss	123269
to person or property that allegedly was caused by or related to a	123270
licensee bringing a handgun onto any premises or property owned,	123271
leased, or otherwise under the control of the political	123272
subdivision. As used in this division, "political subdivision" has	123273
the same meaning as in section 2744.01 of the Revised Code.	123274

(3)(a) Except as provided in division (C)(3)(b) of this	123275
section, the owner or person in control of private land or	123276
premises, and a private person or entity leasing land or premises	123277
owned by the state, the United States, or a political subdivision	123278
of the state or the United States, may post a sign in a	123279
conspicuous location on that land or on those premises prohibiting	123280
persons from carrying firearms or concealed firearms on or onto	123281
that land or those premises. Except as otherwise provided in this	123282
division, a person who knowingly violates a posted prohibition of	123283
that nature is guilty of criminal trespass in violation of	123284
division (A)(4) of section 2911.21 of the Revised Code and is	123285
guilty of a misdemeanor of the fourth degree. If a person	123286
knowingly violates a posted prohibition of that nature and the	123287
posted land or premises primarily was a parking lot or other	123288
parking facility, the person is not guilty of criminal trespass in	123289
violation of division (A)(4) of section 2911.21 of the Revised	123290
Code and instead is subject only to a civil cause of action for	123291
trespass based on the violation.	123292

(b) A landlord may not prohibit or restrict a tenant who is a	123293
licensee and who on or after September 9, 2008, enters into a	123294
rental agreement with the landlord for the use of residential	123295
premises, and the tenant's guest while the tenant is present, from	123296
lawfully carrying or possessing a handgun on those residential	123297
premises.	123298

123299

(i) "Residential premises" has the same meaning as in section	123300
5321.01 of the Revised Code, except "residential premises" does	123301
not include a dwelling unit that is owned or operated by a college	123302
or university.	123303

(ii) "Landlord," "tenant," and "rental agreement" have the	123304
same meanings as in section 5321.01 of the Revised Code.	123305

(D) A person who holds a concealed handgun license issued by	123306
another state that is recognized by the attorney general pursuant	123307
to a reciprocity agreement entered into pursuant to section 109.69	123308
of the Revised Code has the same right to carry a concealed	123309
handgun in this state as a person who was issued a concealed	123310
handgun license under section 2923.125 of the Revised Code and is	123311
subject to the same restrictions that apply to a person who	123312
carries a license issued under that section.	123313

(E) A peace officer has the same right to carry a concealed	123314
handgun in this state as a person who was issued a concealed	123315
handgun license under section 2923.125 of the Revised Code. For	123316
purposes of reciprocity with other states, a peace officer shall	123317
be considered to be a licensee in this state.	123318

(F)(1) A qualified retired peace officer who possesses a	123319
retired peace officer identification card issued pursuant to	123320
division (F)(2) of this section and a valid firearms	123321
requalification certification issued pursuant to division (F)(3)	123322
of this section has the same right to carry a concealed handgun in	123323
this state as a person who was issued a concealed handgun license	123324
under section 2923.125 of the Revised Code and is subject to the	123325
same restrictions that apply to a person who carries a license	123326
issued under that section. For purposes of reciprocity with other	123327
states, a qualified retired peace officer who possesses a retired	123328
peace officer identification card issued pursuant to division	123329
(F)(2) of this section and a valid firearms requalification	123330
certification issued pursuant to division (F)(3) of this section	123331
shall be considered to be a licensee in this state.	123332

(2)(a) Each public agency of this state or of a political	123333
subdivision of this state that is served by one or more peace	123334
officers shall issue a retired peace officer identification card	123335
to any person who retired from service as a peace officer with	123336
that agency, if the issuance is in accordance with the agency's	123337
policies and procedures and if the person, with respect to the	123338
person's service with that agency, satisfies all of the following:	123339

(i) The person retired in good standing from service as a	123340
peace officer with the public agency, and the retirement was not	123341
for reasons of mental instability.	123342

(ii) Before retiring from service as a peace officer with	123343
that agency, the person was authorized to engage in or supervise	123344
the prevention, detection, investigation, or prosecution of, or	123345
the incarceration of any person for, any violation of law and the	123346
person had statutory powers of arrest.	123347

(iii) At the time of the person's retirement as a peace	123348
officer with that agency, the person was trained and qualified to	123349
carry firearms in the performance of the peace officer's duties.	123350

(iv) Before retiring from service as a peace officer with	123351
that agency, the person was regularly employed as a peace officer	123352
for an aggregate of fifteen years or more, or, in the alternative,	123353
the person retired from service as a peace officer with that	123354
agency, after completing any applicable probationary period of	123355
that service, due to a service-connected disability, as determined	123356
by the agency.	123357

(b) A retired peace officer identification card issued to a	123358
person under division (F)(2)(a) of this section shall identify the	123359
person by name, contain a photograph of the person, identify the	123360
public agency of this state or of the political subdivision of	123361
this state from which the person retired as a peace officer and	123362
that is issuing the identification card, and specify that the	123363
person retired in good standing from service as a peace officer	123364
with the issuing public agency and satisfies the criteria set	123365
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	123366
addition to the required content specified in this division, a	123367
retired peace officer identification card issued to a person under	123368
division (F)(2)(a) of this section may include the firearms	123369
requalification certification described in division (F)(3) of this	123370
section, and if the identification card includes that	123371
certification, the identification card shall serve as the firearms	123372
requalification certification for the retired peace officer. If	123373
the issuing public agency issues credentials to active law	123374
enforcement officers who serve the agency, the agency may comply	123375
with division (F)(2)(a) of this section by issuing the same	123376
credentials to persons who retired from service as a peace officer	123377
with the agency and who satisfy the criteria set forth in	123378
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	123379
credentials so issued to retired peace officers are stamped with	123380
the word "RETIRED."	123381

(c) A public agency of this state or of a political	123382
subdivision of this state may charge persons who retired from	123383
service as a peace officer with the agency a reasonable fee for	123384
issuing to the person a retired peace officer identification card	123385
pursuant to division (F)(2)(a) of this section.	123386

(3) If a person retired from service as a peace officer with	123387
a public agency of this state or of a political subdivision of	123388
this state and the person satisfies the criteria set forth in	123389
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	123390
may provide the retired peace officer with the opportunity to	123391
attend a firearms requalification program that is approved for	123392
purposes of firearms requalification required under section	123393
109.801 of the Revised Code. The retired peace officer may be	123394
required to pay the cost of the course.	123395

If a retired peace officer who satisfies the criteria set	123396
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	123397
firearms requalification program that is approved for purposes of	123398
firearms requalification required under section 109.801 of the	123399
Revised Code, the retired peace officer's successful completion of	123400
the firearms requalification program requalifies the retired peace	123401
officer for purposes of division (F) of this section for five	123402
years from the date on which the program was successfully	123403
completed, and the requalification is valid during that five-year	123404
period. If a retired peace officer who satisfies the criteria set	123405
forth in divisions (F)(2)(a)(i) to (iv) of this section	123406
satisfactorily completes such a firearms requalification program,	123407
the retired peace officer shall be issued a firearms	123408
requalification certification that identifies the retired peace	123409
officer by name, identifies the entity that taught the program,	123410
specifies that the retired peace officer successfully completed	123411
the program, specifies the date on which the course was	123412
successfully completed, and specifies that the requalification is	123413
valid for five years from that date of successful completion. The	123414
firearms requalification certification for a retired peace officer	123415
may be included in the retired peace officer identification card	123416
issued to the retired peace officer under division (F)(2) of this	123417
section.	123418

A retired peace officer who attends a firearms	123419
requalification program that is approved for purposes of firearms	123420
requalification required under section 109.801 of the Revised Code	123421
may be required to pay the cost of the program.	123422

(G) As used in this section:

123423

(1) "Qualified retired peace officer" means a person who	123424
satisfies all of the following:	123425

(a) The person satisfies the criteria set forth in divisions	123426
(F)(2)(a)(i) to (v) of this section.	123427

(b) The person is not under the influence of alcohol or	123428
another intoxicating or hallucinatory drug or substance.	123429

(c) The person is not prohibited by federal law from	123430
receiving firearms.	123431

(2) "Retired peace officer identification card" means an	123432
identification card that is issued pursuant to division (F)(2) of	123433
this section to a person who is a retired peace officer.	123434

(3) "Government facility of this state or a political	123435
subdivision of this state" means any of the following:	123436

(a) A building or part of a building that is owned or leased	123437
by the government of this state or a political subdivision of this	123438
state and where employees of the government of this state or the	123439
political subdivision regularly are present for the purpose of	123440
performing their official duties as employees of the state or	123441
political subdivision;	123442

(b) The office of a deputy registrar serving pursuant to	123443
Chapter 4503. of the Revised Code that is used to perform deputy	123444
registrar functions.	123445

Sec. 5104.012. (A)(1) At the times specified in this	123446
division, the administrator of a child day-care center or a type A	123447
family day-care home shall request the superintendent of the	123448
bureau of criminal identification and investigation to conduct a	123449
criminal records check with respect to any applicant who has	123450
applied to the center or type A home for employment as a person	123451
responsible for the care, custody, or control of a child.	123452

The administrator shall request a criminal records check	123453
pursuant to this division at the time of the applicant's initial	123454
application for employment and every ~~four~~five years thereafter.	123455
When the administrator requests pursuant to this division a	123456
criminal records check for an applicant at the time of the	123457
applicant's initial application for employment, the administrator	123458
shall request that the superintendent obtain information from the	123459
federal bureau of investigation as a part of the criminal records	123460
check for the applicant, including fingerprint-based checks of	123461
national crime information databases as described in 42 U.S.C.	123462
671, for the person subject to the criminal records check. In all	123463
other cases in which the administrator requests a criminal records	123464
check for an applicant pursuant to this division, the	123465
administrator may request that the superintendent include	123466
information from the federal bureau of investigation in the	123467
criminal records check, including fingerprint-based checks of	123468
national crime information databases as described in 42 U.S.C.	123469
671.	123470

(2) A person required by division (A)(1) of this section to	123471
request a criminal records check shall provide to each applicant a	123472
copy of the form prescribed pursuant to division (C)(1) of section	123473
109.572 of the Revised Code, provide to each applicant a standard	123474
impression sheet to obtain fingerprint impressions prescribed	123475
pursuant to division (C)(2) of section 109.572 of the Revised	123476
Code, obtain the completed form and impression sheet from each	123477
applicant, and forward the completed form and impression sheet to	123478
the superintendent of the bureau of criminal identification and	123479
investigation at the time the person requests a criminal records	123480
check pursuant to division (A)(1) of this section. On and after	123481
August 14, 2008, the administrator of a child day-care center or a	123482
type A family day-care home shall review the results of the	123483
criminal records check before the applicant has sole	123484
responsibility for the care, custody, or control of any child.	123485

(3) An applicant who receives pursuant to division (A)(2) of	123486
this section a copy of the form prescribed pursuant to division	123487
(C)(1) of section 109.572 of the Revised Code and a copy of an	123488
impression sheet prescribed pursuant to division (C)(2) of that	123489
section and who is requested to complete the form and provide a	123490
set of fingerprint impressions shall complete the form or provide	123491
all the information necessary to complete the form and shall	123492
provide the impression sheet with the impressions of the	123493
applicant's fingerprints. If an applicant, upon request, fails to	123494
provide the information necessary to complete the form or fails to	123495
provide impressions of the applicant's fingerprints, the center or	123496
type A home shall not employ that applicant for any position for	123497
which a criminal records check is required by division (A)(1) of	123498
this section.	123499

(B)(1) Except as provided in rules adopted under division (E)	123500
of this section, no child day-care center or type A family	123501
day-care home shall employ or contract with another entity for the	123502
services of a person as a person responsible for the care,	123503
custody, or control of a child if the person previously has been	123504
convicted of or pleaded guilty to any of the violations described	123505
in division (A)(5) of section 109.572 of the Revised Code.	123506

(2) A child day-care center or type A family day-care home	123507
may employ an applicant conditionally until the criminal records	123508
check required by this section is completed and the center or home	123509
receives the results of the criminal records check. If the results	123510
of the criminal records check indicate that, pursuant to division	123511
(B)(1) of this section, the applicant does not qualify for	123512
employment, the center or home shall release the applicant from	123513
employment.	123514

(C)(1) Each child day-care center and type A family day-care	123515
home shall pay to the bureau of criminal identification and	123516
investigation the fee prescribed pursuant to division (C)(3) of	123517
section 109.572 of the Revised Code for each criminal records	123518
check conducted in accordance with that section upon the request	123519
pursuant to division (A)(1) of this section of the administrator	123520
or provider of the center or home.	123521

(2) A child day-care center and type A family day-care home	123522
may charge an applicant a fee for the costs it incurs in obtaining	123523
a criminal records check under this section. A fee charged under	123524
this division shall not exceed the amount of fees the center or	123525
home pays under division (C)(1) of this section. If a fee is	123526
charged under this division, the center or home shall notify the	123527
applicant at the time of the applicant's initial application for	123528
employment of the amount of the fee and that, unless the fee is	123529
paid, the center or type A home will not consider the applicant	123530
for employment.	123531

(D) The report of any criminal records check conducted by the	123532
bureau of criminal identification and investigation in accordance	123533
with section 109.572 of the Revised Code and pursuant to a request	123534
under division (A)(1) of this section is not a public record for	123535
the purposes of section 149.43 of the Revised Code and shall not	123536
be made available to any person other than the applicant who is	123537
the subject of the criminal records check or the applicant's	123538
representative; the center or type A home requesting the criminal	123539
records check or its representative; the department of job and	123540
family services or a county department of job and family services;	123541
and any court, hearing officer, or other necessary individual	123542
involved in a case dealing with the denial of employment to the	123543
applicant.	123544

(E) The director of job and family services shall adopt rules	123545
pursuant to Chapter 119. of the Revised Code to implement this	123546
section, including rules specifying circumstances under which a	123547
center or home may hire a person who has been convicted of an	123548
offense listed in division (B)(1) of this section but who meets	123549
standards in regard to rehabilitation set by the department.	123550

(F) Any person required by division (A)(1) of this section to	123551
request a criminal records check shall inform each person, at the	123552
time of the person's initial application for employment, that the	123553
person is required to provide a set of impressions of the person's	123554
fingerprints and that a criminal records check is required to be	123555
conducted and satisfactorily completed in accordance with section	123556
109.572 of the Revised Code if the person comes under final	123557
consideration for appointment or employment as a precondition to	123558
employment for that position.	123559

(G) As used in this section:

123560

(1) "Applicant" means a person who is under final	123561
consideration for appointment to or employment in a position with	123562
a child day-care center or a type A family day-care home as a	123563
person responsible for the care, custody, or control of a child or	123564
any person who would serve in any position with a child day-care	123565
center or a type A family day-care home as a person responsible	123566
for the care, custody, or control of a child pursuant to a	123567
contract with another entity.	123568

(2) "Criminal records check" has the same meaning as in	123569
section 109.572 of the Revised Code.	123570

Sec. 5104.013. (A)(1) At the times specified in division	123571
(A)(3) of this section, the director of job and family services,	123572
as part of the process of licensure of child day-care centers,	123573
type A family day-care homes, and licensed type B family day-care	123574
homes shall request the superintendent of the bureau of criminal	123575
identification and investigation to conduct a criminal records	123576
check with respect to the following persons:	123577

(a) Any owner, licensee, or administrator of a child day-care	123578
center;	123579

(b) Any owner, licensee, or administrator of a type A family	123580
day-care home and any person eighteen years of age or older who	123581
resides in a type A family day-care home;	123582

(c) Any administrator of a licensed type B family day-care	123583
home and any person eighteen years of age or older who resides in	123584
a licensed type B family day-care home.	123585

(2) At the time specified in division (A)(3) of this section,	123586
the director of a county department of job and family services, as	123587
part of the process of certification of in-home aides, shall	123588
request the superintendent of the bureau of criminal	123589
identification and investigation to conduct a criminal records	123590
check with respect to any in-home aide.	123591

(3) The director of job and family services shall request a	123592
criminal records check pursuant to division (A)(1) of this section	123593
at the time of the initial application for licensure and every	123594
~~four~~five years thereafter. The director of a county department of	123595
job and family services shall request a criminal records check	123596
pursuant to division (A)(2) of this section at the time of the	123597
initial application for certification and every ~~four~~five years	123598
thereafter. When the director of job and family services or the	123599
director of a county department of job and family services	123600
requests pursuant to division (A)(1) or (2) of this section a	123601
criminal records check for a person at the time of the person's	123602
initial application for licensure or certification, the director	123603
shall request that the superintendent of the bureau of criminal	123604
identification and investigation obtain information from the	123605
federal bureau of investigation as a part of the criminal records	123606
check for the person, including fingerprint-based checks of	123607
national crime information databases as described in 42 U.S.C. 671	123608
for the person subject to the criminal records check. In all other	123609
cases in which the director of job and family services or the	123610
director of a county department of job and family services	123611
requests a criminal records check for an applicant pursuant to	123612
division (A)(1) or (2) of this section, the director may request	123613
that the superintendent include information from the federal	123614
bureau of investigation in the criminal records check, including	123615
fingerprint-based checks of national crime information databases	123616
as described in 42 U.S.C. 671.	123617

(4) The director of job and family services shall review the	123618
results of a criminal records check subsequent to a request made	123619
pursuant to divisions (A)(1) and (3) of this section prior to	123620
approval of a license. The director of a county department of job	123621
and family services shall review the results of a criminal records	123622
check subsequent to a request made pursuant to divisions (A)(2)	123623
and (3) of this section prior to approval of certification.	123624

(B) The director of job and family services or the director	123625
of a county department of job and family services shall provide to	123626
each person for whom a criminal records check is required under	123627
this section a copy of the form prescribed pursuant to division	123628
(C)(1) of section 109.572 of the Revised Code and a standard	123629
impression sheet to obtain fingerprint impressions prescribed	123630
pursuant to division (C)(2) of that section, obtain the completed	123631
form and impression sheet from that person, and forward the	123632
completed form and impression sheet to the superintendent of the	123633
bureau of criminal identification and investigation.	123634

(C) A person who receives pursuant to division (B) of this	123635
section a copy of the form and standard impression sheet described	123636
in that division and who is requested to complete the form and	123637
provide a set of fingerprint impressions shall complete the form	123638
or provide all the information necessary to complete the form and	123639
shall provide the impression sheet with the impressions of the	123640
person's fingerprints. If the person, upon request, fails to	123641
provide the information necessary to complete the form or fails to	123642
provide impressions of the person's fingerprints, the director may	123643
consider the failure as a reason to deny licensure or	123644
certification.	123645

(D) Except as provided in rules adopted under division (G) of	123646
this section, the director of job and family services shall not	123647
grant a license to a child day-care center, type A family day-care	123648
home, or type B family day-care home and a county director of job	123649
and family services shall not certify an in-home aide if a person	123650
for whom a criminal records check was required in connection with	123651
the center or home previously has been convicted of or pleaded	123652
guilty to any of the violations described in division (A)(5) of	123653
section 109.572 of the Revised Code.	123654

(E) Each child day-care center, type A family day-care home,	123655
and type B family day-care home shall pay to the bureau of	123656
criminal identification and investigation the fee prescribed	123657
pursuant to division (C)(3) of section 109.572 of the Revised Code	123658
for each criminal records check conducted in accordance with that	123659
section upon a request made pursuant to division (A) of this	123660
section.	123661

(F) The report of any criminal records check conducted by the	123662
bureau of criminal identification and investigation in accordance	123663
with section 109.572 of the Revised Code and pursuant to a request	123664
made under division (A) of this section is not a public record for	123665
the purposes of section 149.43 of the Revised Code and shall not	123666
be made available to any person other than the person who is the	123667
subject of the criminal records check or the person's	123668
representative, the director of job and family services, the	123669
director of a county department of job and family services, the	123670
center, type A home, or type B home involved, and any court,	123671
hearing officer, or other necessary individual involved in a case	123672
dealing with a denial of licensure or certification related to the	123673
criminal records check.	123674

(G) The director of job and family services shall adopt rules	123675
in accordance with Chapter 119. of the Revised Code to implement	123676
this section, including rules specifying exceptions to the	123677
prohibition in division (D) of this section for persons who have	123678
been convicted of an offense listed in that division but who meet	123679
standards in regard to rehabilitation set by the director.	123680

(H) As used in this section, "criminal records check" has the	123681
same meaning as in section 109.572 of the Revised Code.	123682

Sec. 5104.03. (A) Any person, firm, organization,	123683
institution, or agency seeking to establish a child day-care	123684
center, type A family day-care home, or licensed type B family	123685
day-care home shall apply for a license to the director of job and	123686
family services on such form as the director prescribes. The	123687
director shall provide at no charge to each applicant for	123688
licensure a copy of the child care license requirements in this	123689
chapter and a copy of the rules adopted pursuant to this chapter.	123690
The copies may be provided in paper or electronic form.	123691

Fees shall be set by the director pursuant to sections	123692
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	123693
paid at the time of application for a license to operate a center,	123694
type A home, or type B home. Fees collected under this section	123695
shall be paid into the state treasury to the credit of the general	123696
revenue fund.	123697

(B)(1) Upon filing of the application for a license, the	123698
director shall investigate and inspect the center, type A home, or	123699
type B home to determine the license capacity for each age	123700
category of children of the center, type A home, or type B home	123701
and to determine whether the center, type A home, or type B home	123702
complies with this chapter and rules adopted pursuant to this	123703
chapter. When, after investigation and inspection, the director is	123704
satisfied that this chapter and rules adopted pursuant to it are	123705
complied with, subject to division (H) of this section, a license	123706
shall be issued as soon as practicable in such form and manner as	123707
prescribed by the director. The license shall be designated as	123708
provisional and shall be valid for twelve months from the date of	123709
issuance unless revoked.	123710

(2) The director may contract with a government entity or a	123711
private nonprofit entity for the entity to inspect and license	123712
type B family day-care homes pursuant to this section. The	123713
department, government entity, or nonprofit entity shall conduct	123714
the inspection prior to the issuance of a license for the type B	123715
home and, as part of that inspection, ensure that the type B home	123716
is safe and sanitary.	123717

(C)(1) On receipt of an application for licensure as a type B	123718
family day-care home to provide publicly funded child care, the	123719
department shall search the uniform statewide automated child	123720
welfare information system for information concerning any abuse or	123721
neglect report made pursuant to section 2151.421 of the Revised	123722
Code of which the applicant, any other adult residing in the	123723
applicant's home, or a person designated by the applicant to be an	123724
emergency or substitute caregiver for the applicant is the	123725
subject.	123726

(2) The department shall consider any information it	123727
discovers pursuant to division (C)(1) of this section or that is	123728
provided by a public children services agency pursuant to section	123729
5153.175 of the Revised Code. If the department determines that	123730
the information, when viewed within the totality of the	123731
circumstances, reasonably leads to the conclusion that the	123732
applicant may directly or indirectly endanger the health, safety,	123733
or welfare of children, the department shall deny the application	123734
for licensure or revoke the license of a type B family day-care	123735
home.	123736

(D) The director shall investigate and inspect the center,	123737
type A home, or type B home at least once during operation under a	123738
license designated as provisional. If after the investigation and	123739
inspection the director determines that the requirements of this	123740
chapter and rules adopted pursuant to this chapter are met,	123741
subject to division (H) of this section, the director shall issue	123742
a new license to the center or home.	123743

(E) Each license shall state the name of the licensee, the	123744
name of the administrator, the address of the center, type A home,	123745
or licensed type B home, and the license capacity for each age	123746
category of children. The license shall include thereon, in	123747
accordance with sections 5104.015, 5104.017, and 5104.018 of the	123748
Revised Code, the toll-free telephone number to be used by persons	123749
suspecting that the center, type A home, or licensed type B home	123750
has violated a provision of this chapter or rules adopted pursuant	123751
to this chapter. A license is valid only for the licensee,	123752
administrator, address, and license capacity for each age category	123753
of children designated on the license. The license capacity	123754
specified on the license is the maximum number of children in each	123755
age category that may be cared for in the center, type A home, or	123756
licensed type B home at one time.	123757

The center or type A home licensee shall notify the director	123758
when the administrator of the center or home changes. The director	123759
shall amend the current license to reflect a change in an	123760
administrator, if the administrator meets the requirements of this	123761
chapter and rules adopted pursuant to this chapter, or a change in	123762
license capacity for any age category of children as determined by	123763
the director of job and family services.	123764

(F) If the director revokes the license of a center, a type A	123765
home, or a type B home, the director shall not issue another	123766
license to the owner of the center, type A home, or type B home	123767
until five years have elapsed from the date the license is	123768
revoked.	123769

If the director denies an application for a license, the	123770
director shall not accept another application from the applicant	123771
until five years have elapsed from the date the application is	123772
denied.	123773

(G) If during the application for licensure process the	123774
director determines that the license of the owner has been	123775
revoked, the investigation of the center, type A home, or type B	123776
home shall cease. This action does not constitute denial of the	123777
application and may not be appealed under division (H) of this	123778
section.	123779

(H) All actions of the director with respect to licensing	123780
centers, type A homes, or type B homes, refusal to license, and	123781
revocation of a license shall be in accordance with Chapter 119.	123782
of the Revised Code. Any applicant who is denied a license or any	123783
owner whose license is revoked may appeal in accordance with	123784
section 119.12 of the Revised Code.	123785

(I) In no case shall the director issue a license under this	123786
section for a center, type A home, or type B home if the director,	123787
based on documentation provided by the appropriate county	123788
department of job and family services, determines that the	123789
applicant had been certified as a type B family day-care home when	123790
such certifications were issued by county departments prior to ~~the~~	123791
~~effective date of this amendment~~January 1, 2014, that the county	123792
department revoked that certification within the immediately	123793
preceding five years, that the revocation was based on the	123794
applicant's refusal or inability to comply with the criteria for	123795
certification, and that the refusal or inability resulted in a	123796
risk to the health or safety of children.	123797

(J)(1) Except as provided in division (J)(2) of this section,	123798
an administrator of a type B family day-care home that receives a	123799
license pursuant to this section to provide publicly funded child	123800
care is an independent contractor and is not an employee of the	123801
department of job and family services.	123802

(2) For purposes of Chapter 4141. of the Revised Code,	123803
determinations concerning the employment of an administrator of a	123804
type B family day-care home that receives a license pursuant to	123805
this section shall be determined under Chapter 4141. of the	123806
Revised Code.	123807

Sec. 5104.08. (A) There is hereby created in the department	123808
of job and family services a child care advisory council to advise	123809
and assist the department in the administration of this chapter	123810
and in the development of child care. The council shall consist of	123811
twenty-two voting members appointed by the director of job and	123812
family services with the approval of the governor. The director of	123813
job and family services, the director of developmental	123814
disabilities, the director of ~~mental health~~mental health and	123815
addiction services, the superintendent of public instruction, the	123816
director of health, the director of commerce, and the state fire	123817
marshal shall serve as nonvoting members of the council.	123818

Six members shall be representatives of child care centers	123819
subject to licensing, the members to represent a variety of	123820
centers, including nonprofit and proprietary, from different	123821
geographical areas of the state. At least three members shall be	123822
parents, guardians, or custodians of children receiving child care	123823
or publicly funded child care in the child's own home, a center, a	123824
type A home, a head start program, a licensed type B home, or a	123825
type B home at the time of appointment. Three members shall be	123826
representatives of in-home aides, type A homes, licensed type B	123827
homes, or type B homes or head start programs. At least six	123828
members shall represent county departments of job and family	123829
services. The remaining members shall be representatives of the	123830
teaching, child development, and health professions, and other	123831
individuals interested in the welfare of children. At least six	123832
members of the council shall not be employees or licensees of a	123833
child day-care center, head start program, or type A home, or	123834
providers operating a licensed type B home or type B home, or	123835
in-home aides.	123836

Appointments shall be for three-year terms. Vacancies shall	123837
be filled for the unexpired terms. A member of the council is	123838
subject to removal by the director of job and family services for	123839
a willful and flagrant exercise of authority or power that is not	123840
authorized by law, for a refusal or willful neglect to perform any	123841
official duty as a member of the council imposed by law, or for	123842
being guilty of misfeasance, malfeasance, nonfeasance, or gross	123843
neglect of duty as a member of the council.	123844

There shall be two co-chairpersons of the council. One	123845
co-chairperson shall be the director of job and family services or	123846
the director's designee, and one co-chairperson shall be elected	123847
by the members of the council. The council shall meet as often as	123848
is necessary to perform its duties, provided that it shall meet at	123849
least once in each quarter of each calendar year and at the call	123850
of the co-chairpersons. The co-chairpersons or their designee	123851
shall send to each member a written notice of the date, time, and	123852
place of each meeting.	123853

Members of the council shall serve without compensation, but	123854
shall be reimbursed for necessary expenses.	123855

(B) The child care advisory council shall advise the director	123856
on matters affecting the licensing of centers, type A homes, and	123857
type B homes and the certification of in-home aides. The council	123858
shall make an annual report to the director of job and family	123859
services that addresses the availability, affordability,	123860
accessibility, and quality of child care and that summarizes the	123861
recommendations and plans of action that the council has proposed	123862
to the director during the preceding fiscal year. The director of	123863
job and family services shall provide copies of the report to the	123864
governor, speaker and minority leader of the house of	123865
representatives, and the president and minority leader of the	123866
senate and, on request, shall make copies available to the public.	123867

(C) The director of job and family services shall adopt rules	123868
in accordance with Chapter 119. of the Revised Code to implement	123869
this section.	123870

Sec. 5104.32. (A) Except as provided in division (C) of this	123871
section, all purchases of publicly funded child care shall be made	123872
under a contract entered into by a licensed child day-care center,	123873
licensed type A family day-care home, licensed type B family	123874
day-care home, certified in-home aide, approved child day camp,	123875
licensed preschool program, licensed school child program, or	123876
border state child care provider and the department of job and	123877
family services. All contracts for publicly funded child care	123878
shall be contingent upon the availability of state and federal	123879
funds. The department shall prescribe a standard form to be used	123880
for all contracts for the purchase of publicly funded child care,	123881
regardless of the source of public funds used to purchase the	123882
child care. To the extent permitted by federal law and	123883
notwithstanding any other provision of the Revised Code that	123884
regulates state contracts or contracts involving the expenditure	123885
of state or federal funds, all contracts for publicly funded child	123886
care shall be entered into in accordance with the provisions of	123887
this chapter and are exempt from any other provision of the	123888
Revised Code that regulates state contracts or contracts involving	123889
the expenditure of state or federal funds.	123890

(B) Each contract for publicly funded child care shall	123891
specify at least the following:	123892

(1) That the provider of publicly funded child care agrees to	123893
be paid for rendering services at the lower of the rate	123894
customarily charged by the provider for children enrolled for	123895
child care or the reimbursement ceiling or rate of payment	123896
established pursuant to section 5104.30 of the Revised Code;	123897

(2) That, if a provider provides child care to an individual	123898
potentially eligible for publicly funded child care who is	123899
subsequently determined to be eligible, the department agrees to	123900
pay for all child care provided between the date the county	123901
department of job and family services receives the individual's	123902
completed application and the date the individual's eligibility is	123903
determined;	123904

(3) Whether the county department of job and family services,	123905
the provider, or a child care resource and referral service	123906
organization will make eligibility determinations, whether the	123907
provider or a child care resource and referral service	123908
organization will be required to collect information to be used by	123909
the county department to make eligibility determinations, and the	123910
time period within which the provider or child care resource and	123911
referral service organization is required to complete required	123912
eligibility determinations or to transmit to the county department	123913
any information collected for the purpose of making eligibility	123914
determinations;	123915

(4) That the provider, other than a border state child care	123916
provider, shall continue to be licensed, approved, or certified	123917
pursuant to this chapter and shall comply with all standards and	123918
other requirements in this chapter and in rules adopted pursuant	123919
to this chapter for maintaining the provider's license, approval,	123920
or certification;	123921

(5) That, in the case of a border state child care provider,	123922
the provider shall continue to be licensed, certified, or	123923
otherwise approved by the state in which the provider is located	123924
and shall comply with all standards and other requirements	123925
established by that state for maintaining the provider's license,	123926
certificate, or other approval;	123927

(6) Whether the provider will be paid by the state department	123928
of job and family services or in some other manner as prescribed	123929
by rules adopted under section 5104.42 of the Revised Code;	123930

(7) That the contract is subject to the availability of state	123931
and federal funds.	123932

(C) Unless specifically prohibited by federal law or by rules	123933
adopted under section 5104.42 of the Revised Code, the county	123934
department of job and family services shall give individuals	123935
eligible for publicly funded child care the option of obtaining	123936
certificates that the individual may use to purchase services from	123937
any provider qualified to provide publicly funded child care under	123938
section 5104.31 of the Revised Code. Providers of publicly funded	123939
child care may present these certificates for payment in	123940
accordance with rules that the director of job and family services	123941
shall adopt. Only providers may receive payment for certificates.	123942
The value of the certificate shall be based on the lower of the	123943
rate customarily charged by the provider or the rate of payment	123944
established pursuant to section 5104.30 of the Revised Code. The	123945
county department may provide the certificates to the individuals	123946
or may contract with child care providers or child care resource	123947
and referral service organizations that make determinations of	123948
eligibility for publicly funded child care pursuant to contracts	123949
entered into under section 5104.34 of the Revised Code for the	123950
providers or resource and referral service organizations to	123951
provide the certificates to individuals whom they determine are	123952
eligible for publicly funded child care.	123953

For each six-month period a provider of publicly funded child	123954
care provides publicly funded child care to the child of an	123955
individual given certificates, the individual shall provide the	123956
provider certificates for days the provider would have provided	123957
publicly funded child care to the child had the child been	123958
present. The maximum number of days providers shall be provided	123959
certificates shall not exceed ten days in a six-month period	123960
during which publicly funded child care is provided to the child	123961
regardless of the number of providers that provide publicly funded	123962
child care to the child during that period.	123963

(D)(1) The department shall establish the Ohio electronic	123964
child care system to track attendance and calculate payments for	123965
publicly funded child care. The system shall include issuing an	123966
electronic child care card to each caretaker parent to swipe	123967
through a point of service device issued to an eligible provider,	123968
as described in section 5104.31 of the Revised Code.	123969

(2) Each eligible provider that provides publicly funded	123970
child care shall participate in the Ohio electronic child care	123971
system. A provider participating in the system shall not do any of	123972
the following:	123973

(a) Use or have possession of an electronic child care card	123974
issued to a caretaker parent;	123975

(b) Falsify attendance records;

123976

(c) Knowingly seek payment for publicly funded child care	123977
that was not provided;	123978

(d) Knowingly accept reimbursement for publicly funded child	123979
care that was not provided.	123980

Section 110.21. That the existing versions of sections	123981
109.57, 2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08,	123982
and 5104.32 of the Revised Code that are scheduled to take effect	123983
January 1, 2014, are hereby repealed.	123984

Section 110.22. Sections 110.20 and 110.21 of this act shall	123985
take effect January 1, 2014, except that the amendments by	123986
Sections 110.20 and 110.21 of this act to divisions (B)(49) and	123987
(50) of section 2151.011 of the Revised Code shall take effect	123988
July 1, 2014.	123989

Section 110.30. That the versions of sections 4501.01 and	123990
4507.06 of the Revised Code that are scheduled to take effect	123991
January 1, 2017, be amended to read as follows:	123992

Sec. 4501.01. As used in this chapter and Chapters 4503.,	123993
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	123994
Revised Code, and in the penal laws, except as otherwise provided:	123995

(A) "Vehicles" means everything on wheels or runners,	123996
including motorized bicycles, but does not mean electric personal	123997
assistive mobility devices, vehicles that are operated exclusively	123998
on rails or tracks or from overhead electric trolley wires, and	123999
vehicles that belong to any police department, municipal fire	124000
department, or volunteer fire department, or that are used by such	124001
a department in the discharge of its functions.	124002

(B) "Motor vehicle" means any vehicle, including mobile homes	124003
and recreational vehicles, that is propelled or drawn by power	124004
other than muscular power or power collected from overhead	124005
electric trolley wires. "Motor vehicle" does not include utility	124006
vehicles as defined in division (VV) of this section, under-speed	124007
vehicles as defined in division (XX) of this section, mini-trucks	124008
as defined in division (BBB) of this section, motorized bicycles,	124009
road rollers, traction engines, power shovels, power cranes, and	124010
other equipment used in construction work and not designed for or	124011
employed in general highway transportation, well-drilling	124012
machinery, ditch-digging machinery, farm machinery, and trailers	124013
that are designed and used exclusively to transport a boat between	124014
a place of storage and a marina, or in and around a marina, when	124015
drawn or towed on a public road or highway for a distance of no	124016
more than ten miles and at a speed of twenty-five miles per hour	124017
or less.	124018

(C) "Agricultural tractor" and "traction engine" mean any	124019
self-propelling vehicle that is designed or used for drawing other	124020
vehicles or wheeled machinery, but has no provisions for carrying	124021
loads independently of such other vehicles, and that is used	124022
principally for agricultural purposes.	124023

(D) "Commercial tractor," except as defined in division (C)	124024
of this section, means any motor vehicle that has motive power and	124025
either is designed or used for drawing other motor vehicles, or is	124026
designed or used for drawing another motor vehicle while carrying	124027
a portion of the other motor vehicle or its load, or both.	124028

(E) "Passenger car" means any motor vehicle that is designed	124029
and used for carrying not more than nine persons and includes any	124030
motor vehicle that is designed and used for carrying not more than	124031
fifteen persons in a ridesharing arrangement.	124032

(F) "Collector's vehicle" means any motor vehicle or	124033
agricultural tractor or traction engine that is of special	124034
interest, that has a fair market value of one hundred dollars or	124035
more, whether operable or not, and that is owned, operated,	124036
collected, preserved, restored, maintained, or used essentially as	124037
a collector's item, leisure pursuit, or investment, but not as the	124038
owner's principal means of transportation. "Licensed collector's	124039
vehicle" means a collector's vehicle, other than an agricultural	124040
tractor or traction engine, that displays current, valid license	124041
tags issued under section 4503.45 of the Revised Code, or a	124042
similar type of motor vehicle that displays current, valid license	124043
tags issued under substantially equivalent provisions in the laws	124044
of other states.	124045

(G) "Historical motor vehicle" means any motor vehicle that	124046
is over twenty-five years old and is owned solely as a collector's	124047
item and for participation in club activities, exhibitions, tours,	124048
parades, and similar uses, but that in no event is used for	124049
general transportation.	124050

(H) "Noncommercial motor vehicle" means any motor vehicle,	124051
including a farm truck as defined in section 4503.04 of the	124052
Revised Code, that is designed by the manufacturer to carry a load	124053
of no more than one ton and is used exclusively for purposes other	124054
than engaging in business for profit.	124055

(I) "Bus" means any motor vehicle that has motor power and is	124056
designed and used for carrying more than nine passengers, except	124057
any motor vehicle that is designed and used for carrying not more	124058
than fifteen passengers in a ridesharing arrangement.	124059

(J) "Commercial car" or "truck" means any motor vehicle that	124060
has motor power and is designed and used for carrying merchandise	124061
or freight, or that is used as a commercial tractor.	124062

(K) "Bicycle" means every device, other than a tricycle that	124063
is designed solely for use as a play vehicle by a child, that is	124064
propelled solely by human power upon which any person may ride,	124065
and that has two tandem wheels, or one wheel in front and two	124066
wheels in the rear, or two wheels in the front and one wheel in	124067
the rear, any of which is more than fourteen inches in diameter.	124068

(L) "Motorized bicycle" or "moped" means any vehicle that	124069
either has two tandem wheels or one wheel in the front and two	124070
wheels in the rear, that may be pedaled, and that is equipped with	124071
a helper motor of not more than fifty cubic centimeters piston	124072
displacement that produces no more than one brake horsepower and	124073
is capable of propelling the vehicle at a speed of no greater than	124074
twenty miles per hour on a level surface.	124075

(M) "Trailer" means any vehicle without motive power that is	124076
designed or used for carrying property or persons wholly on its	124077
own structure and for being drawn by a motor vehicle, and includes	124078
any such vehicle that is formed by or operated as a combination of	124079
a semitrailer and a vehicle of the dolly type such as that	124080
commonly known as a trailer dolly, a vehicle used to transport	124081
agricultural produce or agricultural production materials between	124082
a local place of storage or supply and the farm when drawn or	124083
towed on a public road or highway at a speed greater than	124084
twenty-five miles per hour, and a vehicle that is designed and	124085
used exclusively to transport a boat between a place of storage	124086
and a marina, or in and around a marina, when drawn or towed on a	124087
public road or highway for a distance of more than ten miles or at	124088
a speed of more than twenty-five miles per hour. "Trailer" does	124089
not include a manufactured home or travel trailer.	124090

(N) "Noncommercial trailer" means any trailer, except a	124091
travel trailer or trailer that is used to transport a boat as	124092
described in division (B) of this section, but, where applicable,	124093
includes a vehicle that is used to transport a boat as described	124094
in division (M) of this section, that has a gross weight of no	124095
more than ten thousand pounds, and that is used exclusively for	124096
purposes other than engaging in business for a profit, such as the	124097
transportation of personal items for personal or recreational	124098
purposes.	124099

(O) "Mobile home" means a building unit or assembly of closed	124100
construction that is fabricated in an off-site facility, is more	124101
than thirty-five body feet in length or, when erected on site, is	124102
three hundred twenty or more square feet, is built on a permanent	124103
chassis, is transportable in one or more sections, and does not	124104
qualify as a manufactured home as defined in division (C)(4) of	124105
section 3781.06 of the Revised Code or as an industrialized unit	124106
as defined in division (C)(3) of section 3781.06 of the Revised	124107
Code.	124108

(P) "Semitrailer" means any vehicle of the trailer type that	124109
does not have motive power and is so designed or used with another	124110
and separate motor vehicle that in operation a part of its own	124111
weight or that of its load, or both, rests upon and is carried by	124112
the other vehicle furnishing the motive power for propelling	124113
itself and the vehicle referred to in this division, and includes,	124114
for the purpose only of registration and taxation under those	124115
chapters, any vehicle of the dolly type, such as a trailer dolly,	124116
that is designed or used for the conversion of a semitrailer into	124117
a trailer.	124118

(Q) "Recreational vehicle" means a vehicular portable	124119
structure that meets all of the following conditions:	124120

(1) It is designed for the sole purpose of recreational	124121
travel.	124122

(2) It is not used for the purpose of engaging in business	124123
for profit.	124124

(3) It is not used for the purpose of engaging in intrastate	124125
commerce.	124126

(4) It is not used for the purpose of commerce as defined in	124127
49 C.F.R. 383.5, as amended.	124128

(5) It is not regulated by the public utilities commission	124129
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	124130

(6) It is classed as one of the following:

124131

(a) "Travel trailer" or "house vehicle" means a	124132
nonself-propelled recreational vehicle that does not exceed an	124133
overall length of forty feet, exclusive of bumper and tongue or	124134
coupling. "Travel trailer" includes a tent-type fold-out camping	124135
trailer as defined in section 4517.01 of the Revised Code.	124136

(b) "Motor home" means a self-propelled recreational vehicle	124137
that has no fifth wheel and is constructed with permanently	124138
installed facilities for cold storage, cooking and consuming of	124139
food, and for sleeping.	124140

(c) "Truck camper" means a nonself-propelled recreational	124141
vehicle that does not have wheels for road use and is designed to	124142
be placed upon and attached to a motor vehicle. "Truck camper"	124143
does not include truck covers that consist of walls and a roof,	124144
but do not have floors and facilities enabling them to be used as	124145
a dwelling.	124146

(d) "Fifth wheel trailer" means a vehicle that is of such	124147
size and weight as to be movable without a special highway permit,	124148
that is constructed with a raised forward section that allows a	124149
bi-level floor plan, and that is designed to be towed by a vehicle	124150
equipped with a fifth-wheel hitch ordinarily installed in the bed	124151
of a truck.	124152

(e) "Park trailer" means a vehicle that is commonly known as	124153
a park model recreational vehicle, meets the American national	124154
standard institute standard A119.5 (1988) for park trailers, is	124155
built on a single chassis, has a gross trailer area of four	124156
hundred square feet or less when set up, is designed for seasonal	124157
or temporary living quarters, and may be connected to utilities	124158
necessary for the operation of installed features and appliances.	124159

(R) "Pneumatic tires" means tires of rubber and fabric or	124160
tires of similar material, that are inflated with air.	124161

(S) "Solid tires" means tires of rubber or similar elastic	124162
material that are not dependent upon confined air for support of	124163
the load.	124164

(T) "Solid tire vehicle" means any vehicle that is equipped	124165
with two or more solid tires.	124166

(U) "Farm machinery" means all machines and tools that are	124167
used in the production, harvesting, and care of farm products, and	124168
includes trailers that are used to transport agricultural produce	124169
or agricultural production materials between a local place of	124170
storage or supply and the farm, agricultural tractors, threshing	124171
machinery, hay-baling machinery, corn shellers, hammermills, and	124172
machinery used in the production of horticultural, agricultural,	124173
and vegetable products.	124174

(V) "Owner" includes any person or firm, other than a	124175
manufacturer or dealer, that has title to a motor vehicle, except	124176
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	124177
includes in addition manufacturers and dealers.	124178

(W) "Manufacturer" and "dealer" include all persons and firms	124179
that are regularly engaged in the business of manufacturing,	124180
selling, displaying, offering for sale, or dealing in motor	124181
vehicles, at an established place of business that is used	124182
exclusively for the purpose of manufacturing, selling, displaying,	124183
offering for sale, or dealing in motor vehicles. A place of	124184
business that is used for manufacturing, selling, displaying,	124185
offering for sale, or dealing in motor vehicles shall be deemed to	124186
be used exclusively for those purposes even though snowmobiles or	124187
all-purpose vehicles are sold or displayed for sale thereat, even	124188
though farm machinery is sold or displayed for sale thereat, or	124189
even though repair, accessory, gasoline and oil, storage, parts,	124190
service, or paint departments are maintained thereat, or, in any	124191
county having a population of less than seventy-five thousand at	124192
the last federal census, even though a department in a place of	124193
business is used to dismantle, salvage, or rebuild motor vehicles	124194
by means of used parts, if such departments are operated for the	124195
purpose of furthering and assisting in the business of	124196
manufacturing, selling, displaying, offering for sale, or dealing	124197
in motor vehicles. Places of business or departments in a place of	124198
business used to dismantle, salvage, or rebuild motor vehicles by	124199
means of using used parts are not considered as being maintained	124200
for the purpose of assisting or furthering the manufacturing,	124201
selling, displaying, and offering for sale or dealing in motor	124202
vehicles.	124203

(X) "Operator" includes any person who drives or operates a	124204
motor vehicle upon the public highways.	124205

(Y) "Chauffeur" means any operator who operates a motor	124206
vehicle, other than a taxicab, as an employee for hire; or any	124207
operator whether or not the owner of a motor vehicle, other than a	124208
taxicab, who operates such vehicle for transporting, for gain,	124209
compensation, or profit, either persons or property owned by	124210
another. Any operator of a motor vehicle who is voluntarily	124211
involved in a ridesharing arrangement is not considered an	124212
employee for hire or operating such vehicle for gain,	124213
compensation, or profit.	124214

(Z) "State" includes the territories and federal districts of	124215
the United States, and the provinces of Canada.	124216

(AA) "Public roads and highways" for vehicles includes all	124217
public thoroughfares, bridges, and culverts.	124218

(BB) "Manufacturer's number" means the manufacturer's	124219
original serial number that is affixed to or imprinted upon the	124220
chassis or other part of the motor vehicle.	124221

(CC) "Motor number" means the manufacturer's original number	124222
that is affixed to or imprinted upon the engine or motor of the	124223
vehicle.	124224

(DD) "Distributor" means any person who is authorized by a	124225
motor vehicle manufacturer to distribute new motor vehicles to	124226
licensed motor vehicle dealers at an established place of business	124227
that is used exclusively for the purpose of distributing new motor	124228
vehicles to licensed motor vehicle dealers, except when the	124229
distributor also is a new motor vehicle dealer, in which case the	124230
distributor may distribute at the location of the distributor's	124231
licensed dealership.	124232

(EE) "Ridesharing arrangement" means the transportation of	124233
persons in a motor vehicle where the transportation is incidental	124234
to another purpose of a volunteer driver and includes ridesharing	124235
arrangements known as carpools, vanpools, and buspools.	124236

(FF) "Apportionable vehicle" means any vehicle that is used	124237
or intended for use in two or more international registration plan	124238
member jurisdictions that allocate or proportionally register	124239
vehicles, that is used for the transportation of persons for hire	124240
or designed, used, or maintained primarily for the transportation	124241
of property, and that meets any of the following qualifications:	124242

(1) Is a power unit having a gross vehicle weight in excess	124243
of twenty-six thousand pounds;	124244

(2) Is a power unit having three or more axles, regardless of	124245
the gross vehicle weight;	124246

(3) Is a combination vehicle with a gross vehicle weight in	124247
excess of twenty-six thousand pounds.	124248

"Apportionable vehicle" does not include recreational	124249
vehicles, vehicles displaying restricted plates, city pick-up and	124250
delivery vehicles, buses used for the transportation of chartered	124251
parties, or vehicles owned and operated by the United States, this	124252
state, or any political subdivisions thereof.	124253

(GG) "Chartered party" means a group of persons who contract	124254
as a group to acquire the exclusive use of a passenger-carrying	124255
motor vehicle at a fixed charge for the vehicle in accordance with	124256
the carrier's tariff, lawfully on file with the United States	124257
department of transportation, for the purpose of group travel to a	124258
specified destination or for a particular itinerary, either agreed	124259
upon in advance or modified by the chartered group after having	124260
left the place of origin.	124261

(HH) "International registration plan" means a reciprocal	124262
agreement of member jurisdictions that is endorsed by the American	124263
association of motor vehicle administrators, and that promotes and	124264
encourages the fullest possible use of the highway system by	124265
authorizing apportioned registration of fleets of vehicles and	124266
recognizing registration of vehicles apportioned in member	124267
jurisdictions.	124268

(II) "Restricted plate" means a license plate that has a	124269
restriction of time, geographic area, mileage, or commodity, and	124270
includes license plates issued to farm trucks under division (J)	124271
of section 4503.04 of the Revised Code.	124272

(JJ) "Gross vehicle weight," with regard to any commercial	124273
car, trailer, semitrailer, or bus that is taxed at the rates	124274
established under section 4503.042 or 4503.65 of the Revised Code,	124275
means the unladen weight of the vehicle fully equipped plus the	124276
maximum weight of the load to be carried on the vehicle.	124277

(KK) "Combined gross vehicle weight" with regard to any	124278
combination of a commercial car, trailer, and semitrailer, that is	124279
taxed at the rates established under section 4503.042 or 4503.65	124280
of the Revised Code, means the total unladen weight of the	124281
combination of vehicles fully equipped plus the maximum weight of	124282
the load to be carried on that combination of vehicles.	124283

(LL) "Chauffeured limousine" means a motor vehicle that is	124284
designed to carry nine or fewer passengers and is operated for	124285
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	124286
transportation of passengers on public roads and highways along a	124287
route under the control of the person hiring the vehicle and not	124288
over a defined and regular route. "Prearranged contract" means an	124289
agreement, made in advance of boarding, to provide transportation	124290
from a specific location in a chauffeured limousine ~~at a fixed~~	124291
~~rate per hour or trip~~. "Chauffeured limousine" does not include	124292
any vehicle that is used exclusively in the business of funeral	124293
directing.	124294

(MM) "Manufactured home" has the same meaning as in division	124295
(C)(4) of section 3781.06 of the Revised Code.	124296

(NN) "Acquired situs," with respect to a manufactured home or	124297
a mobile home, means to become located in this state by the	124298
placement of the home on real property, but does not include the	124299
placement of a manufactured home or a mobile home in the inventory	124300
of a new motor vehicle dealer or the inventory of a manufacturer,	124301
remanufacturer, or distributor of manufactured or mobile homes.	124302

(OO) "Electronic" includes electrical, digital, magnetic,	124303
optical, electromagnetic, or any other form of technology that	124304
entails capabilities similar to these technologies.	124305

(PP) "Electronic record" means a record generated,	124306
communicated, received, or stored by electronic means for use in	124307
an information system or for transmission from one information	124308
system to another.	124309

(QQ) "Electronic signature" means a signature in electronic	124310
form attached to or logically associated with an electronic	124311
record.	124312

(RR) "Financial transaction device" has the same meaning as	124313
in division (A) of section 113.40 of the Revised Code.	124314

(SS) "Electronic motor vehicle dealer" means a motor vehicle	124315
dealer licensed under Chapter 4517. of the Revised Code whom the	124316
registrar of motor vehicles determines meets the criteria	124317
designated in section 4503.035 of the Revised Code for electronic	124318
motor vehicle dealers and designates as an electronic motor	124319
vehicle dealer under that section.	124320

(TT) "Electric personal assistive mobility device" means a	124321
self-balancing two non-tandem wheeled device that is designed to	124322
transport only one person, has an electric propulsion system of an	124323
average of seven hundred fifty watts, and when ridden on a paved	124324
level surface by an operator who weighs one hundred seventy pounds	124325
has a maximum speed of less than twenty miles per hour.	124326

(UU) "Limited driving privileges" means the privilege to	124327
operate a motor vehicle that a court grants under section 4510.021	124328
of the Revised Code to a person whose driver's or commercial	124329
driver's license or permit or nonresident operating privilege has	124330
been suspended.	124331

(VV) "Utility vehicle" means a self-propelled vehicle	124332
designed with a bed, principally for the purpose of transporting	124333
material or cargo in connection with construction, agricultural,	124334
forestry, grounds maintenance, lawn and garden, materials	124335
handling, or similar activities.	124336

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	124337
vehicle with an attainable speed in one mile on a paved level	124338
surface of more than twenty miles per hour but not more than	124339
twenty-five miles per hour and with a gross vehicle weight rating	124340
less than three thousand pounds.	124341

(XX) "Under-speed vehicle" means a three- or four-wheeled	124342
vehicle, including a vehicle commonly known as a golf cart, with	124343
an attainable speed on a paved level surface of not more than	124344
twenty miles per hour and with a gross vehicle weight rating less	124345
than three thousand pounds.	124346

(YY) "Motor-driven cycle or motor scooter" means any vehicle	124347
designed to travel on not more than three wheels in contact with	124348
the ground, with a seat for the driver and floor pad for the	124349
driver's feet, and is equipped with a motor with a piston	124350
displacement between fifty and one hundred fifty cubic centimeters	124351
piston displacement that produces not more than five brake	124352
horsepower and is capable of propelling the vehicle at a speed	124353
greater than twenty miles per hour on a level surface.	124354

(ZZ) "Motorcycle" means a motor vehicle with motive power	124355
having a seat or saddle for the use of the operator, designed to	124356
travel on not more than three wheels in contact with the ground,	124357
and having no occupant compartment top or occupant compartment top	124358
that can be installed or removed by the user.	124359

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	124360
motive power having a seat or saddle for the use of the operator,	124361
designed to travel on not more than three wheels in contact with	124362
the ground, and having an occupant compartment top or an occupant	124363
compartment top that can be installed or removed by the user.	124364

(BBB) "Mini-truck" means a vehicle that has four wheels, is	124365
propelled by an electric motor with a rated power of seven	124366
thousand five hundred watts or less or an internal combustion	124367
engine with a piston displacement capacity of six hundred sixty	124368
cubic centimeters or less, has a total dry weight of nine hundred	124369
to two thousand two hundred pounds, contains an enclosed cabin and	124370
a seat for the vehicle operator, resembles a pickup truck or van	124371
with a cargo area or bed located at the rear of the vehicle, and	124372
was not originally manufactured to meet federal motor vehicle	124373
safety standards.	124374

Sec. 4507.06. (A)(1) Every application for a driver's	124375
license, motorcycle operator's license or endorsement, or	124376
motor-driven cycle or motor scooter license or endorsement, or	124377
duplicate of any such license or endorsement, shall be made upon	124378
the approved form furnished by the registrar of motor vehicles and	124379
shall be signed by the applicant.	124380

Every application shall state the following:

124381

(a) The applicant's name, date of birth, social security	124382
number if such has been assigned, sex, general description,	124383
including height, weight, color of hair, and eyes, residence	124384
address, including county of residence, duration of residence in	124385
this state, and country of citizenship;	124386

(b) Whether the applicant previously has been licensed as an	124387
operator, chauffeur, driver, commercial driver, or motorcycle	124388
operator and, if so, when, by what state, and whether such license	124389
is suspended or canceled at the present time and, if so, the date	124390
of and reason for the suspension or cancellation;	124391

(c) Whether the applicant is now or ever has been afflicted	124392
with epilepsy, or whether the applicant now is suffering from any	124393
physical or mental disability or disease and, if so, the nature	124394
and extent of the disability or disease, giving the names and	124395
addresses of physicians then or previously in attendance upon the	124396
applicant;	124397

(d) Whether an applicant for a duplicate driver's license,	124398
duplicate license containing a motorcycle operator endorsement, or	124399
duplicate license containing a motor-driven cycle or motor scooter	124400
endorsement has pending a citation for violation of any motor	124401
vehicle law or ordinance, a description of any such citation	124402
pending, and the date of the citation;	124403

(e) ~~Whether~~If an applicant has not certified the applicant's	124404
willingness to make an anatomical gift under section 2108.05 of	124405
the Revised Code, whether the applicant wishes to certify	124406
willingness to make such an anatomical gift ~~under section 2108.05~~	124407
~~of the Revised Code~~, which shall be given no consideration in the	124408
issuance of a license or endorsement;	124409

(f) Whether the applicant has executed a valid durable power	124410
of attorney for health care pursuant to sections 1337.11 to	124411
1337.17 of the Revised Code or has executed a declaration	124412
governing the use or continuation, or the withholding or	124413
withdrawal, of life-sustaining treatment pursuant to sections	124414
2133.01 to 2133.15 of the Revised Code and, if the applicant has	124415
executed either type of instrument, whether the applicant wishes	124416
the applicant's license to indicate that the applicant has	124417
executed the instrument;	124418

(g) On and after October 7, 2009, whether the applicant is a	124419
veteran, active duty, or reservist of the armed forces of the	124420
United States and, if the applicant is such, whether the applicant	124421
wishes the applicant's license to indicate that the applicant is a	124422
veteran, active duty, or reservist of the armed forces of the	124423
United States by a military designation on the license.	124424

(2) Every applicant for a driver's license shall be	124425
photographed in color at the time the application for the license	124426
is made. The application shall state any additional information	124427
that the registrar requires.	124428

(B) The registrar or a deputy registrar, in accordance with	124429
section 3503.11 of the Revised Code, shall register as an elector	124430
any person who applies for a license or endorsement under division	124431
(A) of this section, or for a renewal or duplicate of the license	124432
or endorsement, if the applicant is eligible and wishes to be	124433
registered as an elector. The decision of an applicant whether to	124434
register as an elector shall be given no consideration in the	124435
decision of whether to issue the applicant a license or	124436
endorsement, or a renewal or duplicate.	124437

(C) The registrar or a deputy registrar, in accordance with	124438
section 3503.11 of the Revised Code, shall offer the opportunity	124439
of completing a notice of change of residence or change of name to	124440
any applicant for a driver's license or endorsement under division	124441
(A) of this section, or for a renewal or duplicate of the license	124442
or endorsement, if the applicant is a registered elector who has	124443
changed the applicant's residence or name and has not filed such a	124444
notice.	124445

(D) In addition to any other information it contains, on and	124446
after October 7, 2009, the approved form furnished by the	124447
registrar of motor vehicles for an application for a license or	124448
endorsement or an application for a duplicate of any such license	124449
or endorsement shall inform applicants that the applicant must	124450
present a copy of the applicant's DD-214 or an equivalent document	124451
in order to qualify to have the license or duplicate indicate that	124452
the applicant is a veteran, active duty, or reservist of the armed	124453
forces of the United States based on a request made pursuant to	124454
division (A)(1)(g) of this section.	124455

Section 110.31. That the existing versions of sections	124456
4501.01 and 4507.06 of the Revised Code that are scheduled to take	124457
effect January 1, 2017, are hereby repealed.	124458

Section 110.32. Sections 110.30 and 110.31 of this act shall	124459
take effect January 1, 2017.	124460

Section 125.10. (A) Sections 5168.01, 5168.02, 5168.03,	124461
5168.04, 5168.05, 5168.06, 5168.07, 5168.08, 5168.09, 5168.10,	124462
5168.11, 5168.12, 5168.13, 5168.99, and 5168.991 of the Revised	124463
Code are hereby repealed, effective October 16, 2015.	124464

(B) Any money remaining in the Legislative Budget Services	124465
Fund on October 16, 2015, the date that section 5168.12 of the	124466
Revised Code is repealed by division (A) of this section, shall be	124467
used solely for the purposes stated in then former section 5168.12	124468
of the Revised Code. When all money in the Legislative Budget	124469
Services Fund has been spent after then former section 5168.12 of	124470
the Revised Code is repealed under division (A) of this section,	124471
the fund shall cease to exist.	124472

Section 125.11. Sections 5168.20, 5168.21, 5168.22, 5168.23,	124473
5168.24, 5168.25, 5168.26, 5168.27, and 5168.28 of the Revised	124474
Code are hereby repealed, effective October 1, 2015.	124475

Section 125.11.10. That Section 267.60.31 of Am. Sub. H.B.	124476
153 of the 129th General Assembly is hereby repealed.	124477

Section 125.12. That Section 153 of Am. Sub. H.B. 117 of the	124478
121st General Assembly, as most recently amended by Am. Sub. H.B.	124479
153 of the 129th General Assembly, is hereby repealed.	124480

Section 125.13. That Section 125.10 of Am. Sub. H.B. 1 of the	124481
128th General Assembly, as most recently amended by Am. Sub. H.B.	124482
153 of the 129th General Assembly, is hereby repealed.	124483

Section 201.10. Except as otherwise provided in this act,	124484
all appropriation items in this act are appropriated out of any	124485
moneys in the state treasury to the credit of the designated fund	124486
that are not otherwise appropriated. For all appropriations made	124487
in this act, the amounts in the first column are for fiscal year	124488
2014 and the amounts in the second column are for fiscal year	124489
2015.	124490

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

124491

General Services Fund Group	124492

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	124493
4K90	889609	Operating Expenses	$	977,500	$	977,500	124494
TOTAL GSF General Services Fund							124495
Group			$	1,302,500	$	1,302,500	124496
TOTAL ALL BUDGET FUND GROUPS			$	1,302,500	$	1,302,500	124497

Section 205.10. ADJ ADJUTANT GENERAL

124499

General Revenue Fund	124500

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	124501
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	124502
GRF	745407	National Guard Benefits	$	400,000	$	400,000	124503
GRF	745409	Central Administration	$	2,682,098	$	2,682,098	124504
GRF	745499	Army National Guard	$	3,689,871	$	3,689,871	124505
TOTAL GRF General Revenue Fund			$	8,594,883	$	8,594,883	124506

General Services Fund Group	124507

5340	745612	Property Operations Management	$	534,304	$	534,304	124508
5360	745605	Marksmanship Activities	$	128,600	$	128,600	124509
5360	745620	Camp Perry and Buckeye Inn Operations	$	978,846	$	978,846	124510
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	124511
TOTAL GSF General Services Fund Group			$	1,703,750	$	1,703,750	124512

Federal Special Revenue Fund Group	124513

3410	745615	Air National Guard Base Security	$	2,919,000	$	2,919,000	124514
3420	745616	Army National Guard Service Agreement	$	15,063,000	$	15,063,000	124515
3E80	745628	Air National Guard Operations and Maintenance	$	16,850,000	$	16,850,000	124516
3R80	745603	Counter Drug Operations	$	15,000	$	15,000	124517
TOTAL FED Federal Special Revenue Fund Group			$	34,847,000	$	34,847,000	124518

State Special Revenue Fund Group	124519

5U80	745613		Community Match Armories		$	350,000		$	350,000		124520
TOTAL SSR State Special Revenue Fund Group					$	350,000		$	350,000		124521

TOTAL ALL BUDGET FUND GROUPS

45,495,633

124522

NATIONAL GUARD BENEFITS

124523

The foregoing appropriation item 745407, National Guard	124524
Benefits, shall be used for purposes of sections 5919.31 and	124525
5919.33 of the Revised Code, and for administrative costs of the	124526
associated programs.	124527

If necessary, in order to pay benefits in a timely manner	124528
pursuant to sections 5919.31 and 5919.33 of the Revised Code, the	124529
Adjutant General may request the Director of Budget and Management	124530
transfer appropriation from any appropriation item used by the	124531
Adjutant General to appropriation item 745407, National Guard	124532
Benefits. The Adjutant General may subsequently seek Controlling	124533
Board approval to restore the appropriation in the appropriation	124534
item from which such a transfer was made.	124535

For active duty members of the Ohio National Guard who died	124536
after October 7, 2001, while performing active duty, the death	124537
benefit, pursuant to section 5919.33 of the Revised Code, shall be	124538
paid to the beneficiary or beneficiaries designated on the	124539
member's Servicemembers' Group Life Insurance Policy.	124540

STATE ACTIVE DUTY COSTS

124541

Of the foregoing appropriation item 745409, Central	124542
Administration, $50,000 in each fiscal year shall be used for the	124543
purpose of paying expenses related to state active duty of members	124544
of the Ohio organized militia, in accordance with a proclamation	124545
of the Governor. Expenses include, but are not limited to, the	124546
cost of equipment, supplies, and services, as determined by the	124547
Adjutant General's Department.	124548

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

124549

General Revenue Fund	124550

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	124551
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	124552
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	124553
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	124554
GRF	100447	Administrative Building Lease Rental Payments	$	85,847,800	$	91,059,600	124555
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	124556
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	124557
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	124558
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	124559
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	124560
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	124561
GRF	100460	Local Government Information Exchange Grants	$	3,500,000	$	0	124562
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	124563
TOTAL GRF General Revenue Fund			$	161,552,951	$	163,247,551	124564

General Services Fund Group	124565

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	124566
1150	100632	Central Service Agency	$	911,580	$	927,699	124567
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	124568
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	124569
1250	100622	Human Resources Division - Operating	$	16,649,839	$	16,649,839	124570
1250	100657	Benefits Communication	$	712,316	$	712,316	124571
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	124572
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	124573
1320	100631	DAS Building Management	$	19,743,170	$	19,743,170	124574
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	124575
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	124576
2100	100612	State Printing	$	20,459,526	$	20,459,526	124577
2290	100630	IT Governance	$	16,446,474	$	16,446,474	124578
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	124579
4270	100602	Investment Recovery	$	3,885,000	$	2,900,000	124580
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	124581
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	124582
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	124583
5C30	100608	Minor Construction Project Management	$	204,375	$	204,375	124584
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	124585
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	124586
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	124587
5KZ0	100659	Building Improvement	$	500,000	$	500,000	124588
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	124589
5LA0	100660	Building Operation	$	27,000,767	$	27,214,648	124590
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	124591
5V60	100619	Employee Educational Development	$	800,000	$	800,000	124592
TOTAL GSF General Services Fund							124593
Group			$	334,781,795	$	321,016,227	124594

Federal Special Revenue Fund Group	124595

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	124596
TOTAL FED Federal Special Revenue							124597
Fund Group			$	1,723,009	$	1,723,009	124598

State Special Revenue Fund Group	124599

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	124600
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	124601
TOTAL SSR State Special Revenue							124602
Fund Group			$	3,109,257	$	1,070,891	124603
TOTAL ALL BUDGET FUND GROUPS			$	501,167,012	$	487,057,678	124604

Section 207.20. OAKS LEASE RENTAL PAYMENTS

124606

The foregoing appropriation item 100415, OAKS Lease Rental	124607
Payments, shall be used for payments at the times they are	124608
required to be made for the period from July 1, 2013, through June	124609
30, 2015, pursuant to leases and agreements entered into under	124610
Chapter 125. of the Revised Code, as supplemented by Section	124611
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	124612
other prior acts of the General Assembly, with respect to	124613
financing the costs associated with the acquisition, development,	124614
installation, and implementation of the Ohio Administrative	124615
Knowledge System. If it is determined that additional	124616
appropriations are necessary for this purpose, the amounts are	124617
hereby appropriated.	124618

Section 207.30. STARS LEASE RENTAL PAYMENTS

124619

The foregoing appropriation item 100416, STARS Lease Rental	124620
Payments, shall be used for payments at the times they are	124621
required to be made for the period from July 1, 2013, through June	124622
30, 2015, pursuant to leases and agreements entered into under	124623
Chapter 125. of the Revised Code, as supplemented by Section	124624
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	124625
other prior acts of the General Assembly, with respect to	124626
financing the cost for the acquisition, development, installation,	124627
and implementation of the State Taxation Accounting and Revenue	124628
System (STARS). If it is determined that additional appropriations	124629
are necessary for this purpose, the amounts are appropriated.	124630

The State Taxation Accounting and Revenue System (STARS) is	124631
an integrated tax collection and audit system that will replace	124632
all of the state's existing separate tax software and	124633
administration systems for the various taxes collected by the	124634
state. The Department of Administrative Services, in conjunction	124635
with the Department of Taxation, may acquire STARS, including, but	124636
not limited to, the application hardware and software and	124637
installation and implementation thereof, for the use of the	124638
Department of Taxation. Any lease-purchase agreement used under	124639
Chapter 125. of the Revised Code to acquire STARS, including any	124640
fractionalized interests as defined in division (N) of section	124641
133.01 of the Revised Code in the lease payments under that	124642
agreement, shall provide at the end of the lease period that the	124643
financed asset becomes the property of the state. The principal	124644
amount of any new such financing is limited, excluding the	124645
principal amounts of any lease-purchase financing heretofore	124646
completed for STARS, to the amount of $20,000,000.	124647

Section 207.40. MARCS LEASE RENTAL PAYMENTS

124648

The foregoing appropriation item 100414, MARCS Lease Rental	124649
Payments, shall be used for payments at the times they are	124650
required to be made for the period from July 1, 2013, through June	124651
30, 2015, pursuant to leases and agreements entered into under	124652
Chapter 125. of the Revised Code, as supplemented by Section	124653
701.20 of Sub. H.B. 482 of the 129th General Assembly, with	124654
respect to financing the cost for the acquisition, development,	124655
installation, and implementation of the Multi-Agency Radio	124656
Communication System (MARCS) upgrade. If it is determined that	124657
additional appropriations are necessary for this purpose, the	124658
amounts are hereby appropriated.	124659

Section 207.50. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	124660
UPGRADE	124661

The Multi-Agency Radio Communications System (MARCS) is a	124662
statewide computer and communications network designed to provide	124663
instant voice and data communication and supply a communications	124664
backbone to public safety and emergency management. The Department	124665
of Administrative Services may update or add functionality to	124666
MARCS to upgrade the existing system to a 700/800 megahertz voice	124667
and data system specifically designed to support interoperable	124668
communications for public safety law enforcement and first	124669
responders. The improvements may include, but are not limited to,	124670
hardware and software and the installation and implementation	124671
thereof. Any lease-purchase agreement utilized under Chapter 125.	124672
of the Revised Code to acquire MARCS and the enhancements	124673
described above, including any fractionalized interest as defined	124674
in division (N) of section 133.01 of the Revised Code in the lease	124675
payments under that agreement, shall provide at the end of the	124676
lease period that the financed asset becomes the property of the	124677
state. The principal amount of any new such financing is limited,	124678
in addition to the principal amounts of lease-purchase financing	124679
heretofore completed for MARCS, to the amount of $27,000,000.	124680

Section 207.60. ADMINISTRATIVE BUILDING LEASE RENTAL PAYMENTS

124681

The foregoing appropriation item 100447, Administrative	124682
Building Lease Rental Payments, shall be used to meet all payments	124683
at the times they are required to be made during the period from	124684
July 1, 2013, through June 30, 2015, by the Department of	124685
Administrative Services pursuant to leases and agreements under	124686
Chapters 152. and 154. of the Revised Code. These appropriations	124687
are the source of funds pledged for bond service charges on	124688
related obligations issued under Chapters 152. and 154. of the	124689
Revised Code.	124690

The foregoing appropriation item 100448, Office Building	124691
Operating Payments, shall be used to pay the expenses of vacant	124692
space, space undergoing renovation, agencies funded by the General	124693
Revenue Fund, and the rent expenses of tenants that have been	124694
relocated because of building renovations that occupy space in the	124695
James A. Rhodes State Office Tower, the Vern Riffe Center for	124696
Government and the Arts, the Frank J. Lausche State Office	124697
Building, the Michael V. DiSalle Government Center, and the Oliver	124698
R. Ocasek Government Office Building.	124699

At least once per year, the portion of appropriation item	124700
100448, Office Building Operating Payments, that is not used for	124701
expenses of agencies funded by the General Revenue Fund, vacant	124702
space, space undergoing renovation, and the rent expenses of	124703
tenants that are relocated because of building renovations shall	124704
be processed by the Department of Administrative Services through	124705
intrastate voucher and placed in the Building Improvements Fund	124706
(Fund 5KZ0).	124707

Section 207.70. DAS - BUILDING OPERATING PAYMENTS

124708

The foregoing appropriation item 100449, DAS - Building	124709
Operating Payments, shall be used to pay the rent expenses of	124710
veterans organizations pursuant to section 123.024 of the Revised	124711
Code in fiscal years 2014 and 2015.	124712

The foregoing appropriation item, 100449, DAS - Building	124713
Operating Payments, also may be used to provide funding for the	124714
cost of property appraisals or building studies that the	124715
Department of Administrative Services may be required to obtain	124716
for property that is being sold by the state or property under	124717
consideration to be renovated or purchased by the state.	124718

Notwithstanding section 125.28 of the Revised Code, the	124719
remaining portion of the appropriation may be used to pay the	124720
operating expenses of state facilities maintained by the	124721
Department of Administrative Services that are not billed to	124722
building tenants, or other costs associated with the Voinovich	124723
Center in Youngstown, Ohio. These expenses may include, but are	124724
not limited to, the costs for vacant space and space undergoing	124725
renovation, and the rent expenses of tenants that are relocated	124726
because of building renovations. These payments may be processed	124727
by the Department of Administrative Services through intrastate	124728
transfer vouchers and placed in the Building Management Fund (Fund	124729
1320) or the Information Technology Services Fund (Fund 1330).	124730

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	124731
HUMAN RESOURCES SERVICES FUND	124732

Upon request of the Director of Administrative Services,	124733
during the FY 2014 - FY 2015 biennium, the Director of Budget and	124734
Management shall transfer up to $975,000 from the Workforce	124735
Development Fund (Fund 5D70) to the Human Resources Services Fund	124736
(Fund 1250) to support one-time human resources administration	124737
activities for state agencies.	124738

Section 207.73. LOCAL GOVERNMENT INFORMATION GRANTS

124739

Of the foregoing appropriation item 100460, Local Government	124740
Information Exchange Grants, up to $100,000 in fiscal year 2014	124741
shall be used by the Director of Administrative Services for	124742
administration and maintenance of the Ohio Local Government	124743
Information Exchange Grant Program and for administration of Local	124744
Government Information Exchange grants. The remainder of the	124745
foregoing appropriation item 100460, Local Government Information	124746
Exchange Grants, shall be used by the Director of Administrative	124747
Services to disburse grant awards to eligible local governments	124748
under section 149.60 of the Revised Code.	124749

On July 1, 2014, or as soon as possible thereafter, the Chief	124750
Information Officer may request that the Director of Budget and	124751
Management approve the reappropriation of the unexpended,	124752
unencumbered balance at the end of fiscal year 2014 of the	124753
foregoing appropriation item 100460, Local Government Information	124754
Exchange Grants, for fiscal year 2015. The Director of Budget and	124755
Management may request additional information necessary for	124756
evaluating the request, and the Director of Administrative	124757
Services shall provide the requested information to the Director	124758
of Budget and Management. Based on the information provided by the	124759
Director of Administrative Services, the Director of Budget and	124760
Management shall determine the amounts to be reappropriated, and	124761
those amounts are hereby reappropriated for fiscal year 2015.	124762

Section 207.80. CENTRAL SERVICE AGENCY FUND

124763

Appropriation item 100632, Central Service Agency, shall be	124764
used to purchase the equipment, products, and services that are	124765
needed to maintain existing automated applications for the	124766
professional licensing boards and the Casino Control Commission to	124767
support board licensing functions in fiscal years 2014 and 2015	124768
until these functions are replaced by the Ohio Professionals	124769
Licensing System. The Department of Administrative Services shall	124770
establish charges for recovering the costs of carrying out these	124771
functions. The charges shall be billed to the professional	124772
licensing boards and the Casino Control Commission, and deposited	124773
via intrastate transfer vouchers to the credit of the Central	124774
Service Agency Fund (Fund 1150).	124775

Upon implementation of the replacement Ohio Professionals	124776
Licensing System and the decommissioning of the existing automated	124777
applications, the Director of Budget and Management may transfer	124778
any cash balances that remain in the Central Service Agency Fund	124779
(Fund 1150) and that are attributable to the operation of the	124780
existing automated applications to the Professions Licensing	124781
System Fund (Fund 5JQ0).	124782

Section 207.90. GENERAL SERVICE CHARGES

124783

The Department of Administrative Services, with the approval	124784
of the Director of Budget and Management, shall establish charges	124785
for recovering the costs of administering the programs funded by	124786
the General Services Fund (Fund 1170) and the State Printing Fund	124787
(Fund 2100). Such charges within Fund 1170 may be used to recover	124788
the cost of paying a vendor to establish reduced pricing for	124789
contracted supplies or services.	124790

If the Director of Administrative Services determines that	124791
additional amounts are necessary to pay for consulting and	124792
administrative costs related to securing lower pricing, the	124793
Director of Administrative Services may request that the Director	124794
of Budget and Management approve additional expenditures. Such	124795
approved additional amounts are appropriated to appropriation item	124796
100644, General Services Division-Operating.	124797

Section 207.100. COLLECTIVE BARGAINING ARBITRATION EXPENSES

124798

With approval of the Director of Budget and Management, the	124799
Department of Administrative Services may seek reimbursement from	124800
state agencies for the actual costs and expenses the Department	124801
incurs in the collective bargaining arbitration process. The	124802
reimbursements shall be processed through intrastate transfer	124803
vouchers and credited to the Collective Bargaining Fund (Fund	124804
1280).	124805

Section 207.110. EQUAL OPPORTUNITY PROGRAM

124806

The Department of Administrative Services, with the approval	124807
of the Director of Budget and Management, shall establish charges	124808
for recovering the costs of administering the activities supported	124809
by the State EEO Fund (Fund 1880). These charges shall be	124810
deposited to the credit of the State EEO Fund (Fund 1880) upon	124811
payment made by state agencies, state-supported or state-assisted	124812
institutions of higher education, and tax-supported agencies,	124813
municipal corporations, and other political subdivisions of the	124814
state, for services rendered.	124815

Section 207.113. LEVERAGED ENTERPRISE PURCHASES

124816

The foregoing appropriation item 100640, Leveraged Enterprise	124817
Purchases, shall be used by the Department of Administrative	124818
Services to make information technology purchases for the benefit	124819
of one or more government entities as authorized under division	124820
(G) of section 125.18 of the Revised Code. If the Director of	124821
Administrative Services determines that additional amounts are	124822
necessary to pay for pass-through information technology purchases	124823
that will be billed to one or more state agencies, the Director of	124824
Administrative Services shall seek Controlling Board approval for	124825
an increase in appropriation to make the requested purchases.	124826

Section 207.120. INVESTMENT RECOVERY FUND

124827

Notwithstanding division (B) of section 125.14 of the Revised	124828
Code, cash balances in the Investment Recovery Fund (Fund 4270)	124829
may be used to support the operating expenses of the Federal	124830
Surplus Operating Program created in sections 125.84 to 125.90 of	124831
the Revised Code.	124832

Of the foregoing appropriation item 100602, Investment	124833
Recovery, up to $1,618,062 in fiscal year 2014 and up to	124834
$1,638,515 in fiscal year 2015 may be used to pay the operating	124835
expenses of the State Surplus Property Program and the Surplus	124836
Federal Property Program, under Chapter 125. of the Revised Code	124837
and this section. If additional appropriations are necessary for	124838
the operations of these programs, the Director of Administrative	124839
Services shall seek increased appropriations from the Controlling	124840
Board under section 131.35 of the Revised Code.	124841

Of the foregoing appropriation item 100602, Investment	124842
Recovery, up to $2,266,938 in fiscal year 2014 and up to	124843
$1,261,485 in fiscal year 2015 shall be used to transfer proceeds	124844
from the sale of surplus property from the Investment Recovery	124845
Fund to non-General Revenue Funds under division (A)(2) of section	124846
125.14 of the Revised Code. If it is determined by the Director of	124847
Administrative Services that additional amounts are necessary for	124848
the transfer of such sale proceeds, the Director of Administrative	124849
Services may request the Director of Budget and Management to	124850
authorize additional amounts. Such authorized additional amounts	124851
are hereby appropriated.	124852

Section 207.130. MAJOR IT PURCHASES CHARGES

124853

The Department of Administrative Services may bill agencies	124854
for actual expenditures made for major IT purchases if those	124855
expenditures are not recovered as part of the information	124856
technology services rates the Department charges and deposits into	124857
the Information Technology Fund (Fund 1330) created in section	124858
125.15 of the Revised Code. These charges shall be deposited to	124859
the credit of the Major IT Purchases Fund (Fund 4N60).	124860

Section 207.140. DAS INFORMATION SERVICES

124861

There is hereby established in the State Treasury the DAS	124862
Information Services Fund. The foregoing appropriation item	124863
100603, DAS Information Services, shall be used to pay the costs	124864
of providing information systems and services in the Department of	124865
Administrative Services. Any state agency, board, or commission	124866
may use DAS Information Services by paying for the services	124867
rendered.	124868

The Department of Administrative Services shall establish	124869
user charges for all information systems and services that are	124870
allowable in the statewide indirect cost allocation plan submitted	124871
annually to the United States Department of Health and Human	124872
Services. These charges shall comply with federal regulations and	124873
shall be deposited to the credit of the DAS Information Services	124874
Fund (Fund 4P30).	124875

Section 207.150. CASH TRANSFER FROM THE MARCS ADMINISTRATION	124876
FUND TO GRF	124877

Upon the request of the Director of Administrative Services,	124878
the Director of Budget and Management may transfer unobligated	124879
cash in the MARCS Administration Fund (Fund 5C20) to the General	124880
Revenue Fund to reimburse the General Revenue Fund for lease	124881
rental payments made on behalf of the MARCS upgrade.	124882

Section 207.160. PROFESSIONS LICENSING SYSTEM

124883

There is hereby created in the state treasury the Professions	124884
Licensing System Fund (Fund 5JQ0). Appropriation item 100658, Ohio	124885
Professionals Licensing System, shall be used to make payments	124886
from the fund. The fund shall be used to purchase the equipment,	124887
products, and services necessary to develop and maintain a	124888
replacement automated licensing system for the professional	124889
licensing boards. The Director of Budget and Management may	124890
transfer up to a total of $990,000 in cash from the Occupational	124891
Licensing and Regulatory Fund (4K90), the State Medical Board	124892
Operating Fund (Fund 5C60), and the Casino Control Commission –	124893
Operating Fund (Fund 5HS0) to the Professions Licensing System	124894
Fund during the FY 2014 - FY 2015 biennium. These transfers shall	124895
be in proportion to the number of current licensees issued by the	124896
professional licensing boards and current and anticipated licenses	124897
in the case of the Casino Control Commission. The purpose of these	124898
cash transfers is to fund the initial acquisition and development	124899
of the system. Any cash balances not expended in fiscal year 2014	124900
are hereby reappropriated in fiscal year 2015.	124901

Effective with the implementation of the replacement	124902
licensing system, the Department of Administrative Services shall	124903
establish charges for recovering the costs of ongoing maintenance	124904
of the system. The charges shall be billed to the professional	124905
licensing boards and the Casino Control Commission, and deposited	124906
via intrastate transfer vouchers to the credit of the Professions	124907
Licensing System Fund.	124908

Section 207.170. BUILDING IMPROVEMENT FUND

124909

The foregoing appropriation item 100659, Building	124910
Improvement, shall be used to make payments from the Building	124911
Improvement Fund (Fund 5KZ0) for major maintenance or improvements	124912
required in the James A. Rhodes State Office Tower, the Vern Riffe	124913
Center for Government and the Arts, the Frank J. Lausche State	124914
Office Building, the Michael V. DiSalle Government Center, and the	124915
Oliver R. Ocasek Government Office. The Department of	124916
Administrative Services shall conduct or contract for regular	124917
assessments of these buildings and shall maintain a cash balance	124918
in the Building Improvement Fund equal to the cost of the repairs	124919
and improvements that are recommended to occur within the next	124920
five years, with the following exception described below.	124921

Upon request of the Director of Administrative Services, the	124922
Director of Budget and Management may permit a cash transfer from	124923
the Building Improvement Fund (Fund 5KZ0) to the Building	124924
Operating Fund (Fund 5LA0) to pay costs of operating and	124925
maintaining the James A. Rhodes State Office Tower, the Vern Riffe	124926
Center for Government and the Arts, the Frank J. Lausche State	124927
Office Building, the Michael V. DiSalle Government Center, and the	124928
Oliver R. Ocasek Government Office that are not charged to tenants	124929
during the same fiscal year.	124930

Should the cash balance in the Building Operating Fund (Fund	124931
5LA0) be determined to be sufficient, the Director of	124932
Administrative Services may request that the Director of Budget	124933
and Management transfer cash from the Building Operating Fund	124934
(Fund 5LA0) to the Building Improvement Fund (Fund 5KZ0) in an	124935
amount equal to the initial cash transfer made under this section	124936
plus applicable interest.	124937

Section 207.180. PROFESSIONAL DEVELOPMENT FUND

124938

The foregoing appropriation item 100610, Professional	124939
Development, shall be used to make payments from the Professional	124940
Development Fund (Fund 5L70) under section 124.182 of the Revised	124941
Code. If it is determined by the Director of Administrative	124942
Services that additional amounts are necessary, the Director of	124943
Administrative Services may request that the Director of Budget	124944
and Management approve additional amounts. Such approved	124945
additional amounts are hereby appropriated.	124946

Section 207.190. BUILDING OPERATING FUND

124947

The foregoing appropriation item 100660, Building Operation,	124948
shall be used to make payments from the Building Operating Fund	124949
(Fund 5LA0) to pay costs of operating and maintaining the James A.	124950
Rhodes State Office Tower, the Vern Riffe Center for Government	124951
and the Arts, the Frank J. Lausche State Office Building, the	124952
Michael V. DiSalle Government Center, and the Oliver R. Ocasek	124953
Government Office.	124954

The Department of Administrative Services, with the approval	124955
of the Director of Budget and Management, shall establish charges	124956
to be reimbursed for the cost of operating these buildings. These	124957
charges shall include the cost of applicable depreciation on the	124958
buildings and the resulting revenue shall be deposited in the	124959
Building Operating Fund (Fund 5LA0).	124960

Section 207.200. INFORMATION TECHNOLOGY DEVELOPMENT

124961

The foregoing appropriation item 100661, IT Development,	124962
shall be used by the Department of Administrative Services to pay	124963
the costs of modernizing the state's information technology	124964
management and investment practices away from a limited,	124965
agency-specific focus in favor of a statewide methodology	124966
supporting development of enterprise solutions.	124967

The Department of Administrative Services, with the approval	124968
of the Director of Budget and Management, may charge state	124969
agencies an information technology development assessment based on	124970
state agencies' information technology expenditures or other	124971
methodology. The revenue from this assessment shall be deposited	124972
in the Information Technology Development Fund (Fund 5LJ0), which	124973
is hereby created.	124974

Section 207.210. EMPLOYEE EDUCATIONAL DEVELOPMENT

124975

The foregoing appropriation item 100619, Employee Educational	124976
Development, shall be used to make payments from the Employee	124977
Educational Development Fund (Fund 5V60) under section 124.86 of	124978
the Revised Code. The fund shall be used to pay the costs of	124979
administering educational programs under existing collective	124980
bargaining agreements with District 1199, the Health Care and	124981
Social Service Union; State Council of Professional Educators;	124982
Ohio Education Association and National Education Association; the	124983
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	124984
State Troopers Association, Units 1 and 15.	124985

If it is determined by the Director of Administrative	124986
Services that additional amounts are necessary, the Director of	124987
Administrative Services may request that the Director of Budget	124988
and Management approve additional amounts. Such approved	124989
additional amounts are hereby appropriated.	124990

Section 207.220. CASH TRANSFERS TO THE MAJOR IT PURCHASES	124991
FUND	124992

Upon request of the Director of Administrative Services, the	124993
Director of Budget and Management may transfer up to $4,000,000	124994
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	124995
IT Purchases Fund (Fund 4N60). This amount represents cash	124996
transferred from Fund 4N60 during fiscal year 2010 pursuant to	124997
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	124998
Assembly. Any portion of appropriation item 100617, Major IT	124999
Purchases, that is unencumbered and unexpended at the end of	125000
fiscal year 2014 is hereby reappropriated for fiscal year 2015.	125001

Section 207.230. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	125002
SERVICE PAYMENTS	125003

The Director of Administrative Services, in consultation with	125004
the Multi-Agency Radio Communication System (MARCS) Steering	125005
Committee and the Director of Budget and Management, shall	125006
determine the share of debt service payments attributable to	125007
spending for MARCS components that are not specific to any one	125008
agency and that shall be charged to agencies supported by the	125009
motor fuel tax. Such share of debt service payments shall be	125010
calculated for MARCS capital disbursements made beginning July 1,	125011
1997. Within thirty days of any payment made from appropriation	125012
item 100447, Administrative Building Lease Payments, the Director	125013
of Administrative Services shall certify to the Director of Budget	125014
and Management the amount of this share. The Director of Budget	125015
and Management shall transfer such amounts to the General Revenue	125016
Fund from the State Highway Safety Fund (Fund 7036) established in	125017
section 4501.06 of the Revised Code.	125018

The Director of Administrative Services shall consider	125019
renting or leasing existing tower sites at reasonable or current	125020
market rates, so long as these existing sites are equipped with	125021
the technical capabilities to support the MARCS project.	125022

Section 207.240. ENTERPRISE IT STRATEGY IMPLEMENTATION

125023

The Director of Administrative Services shall determine and	125024
implement strategies that benefit the enterprise by improving	125025
efficiency, reducing costs or enhancing capacity of information	125026
technology (IT) services. Such improvements and efficiencies may	125027
result in the consolidation and transfer of such services. As	125028
determined to be necessary for successful implementation of this	125029
section and notwithstanding any provision of law to the contrary,	125030
the Director of Administrative Services may request the Director	125031
of Budget and Management to consolidate or transfer IT-specific	125032
budget authority between agencies as necessary to implement	125033
enterprise IT cost containment strategies and related	125034
efficiencies. Once the Director of Budget and Management is	125035
satisfied that the proposed initiative is cost advantageous to the	125036
enterprise, the Director of Budget and Management may transfer	125037
appropriations, funds and cash as needed to implement the proposed	125038
initiative. The establishment of any new fund or total increased	125039
appropriation as a result of this section will be subject to	125040
approval by the Controlling Board.	125041

The Director of Budget and Management and the Director of	125042
Administrative Services may transfer any employees, assets, and	125043
liabilities, including, but not limited to, records, contracts,	125044
and agreements in order to facilitate the improvements determined	125045
in accordance with this section.	125046

Section 209.10. AGE DEPARTMENT OF AGING

125047

General Revenue Fund	125048

GRF	490321	Operating Expenses	$	1,487,418	$	1,487,418	125049
GRF	490410	Long-Term Care Ombudsman	$	477,448	$	477,448	125050
GRF	490411	Senior Community Services	$	7,060,844	$	7,060,844	125051
GRF	490414	Alzheimer's Respite	$	1,995,245	$	1,995,245	125052
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	125053
GRF	656423	Long-Term Care Program Support - State	$	3,385,057	$	3,385,057	125054
TOTAL GRF General Revenue Fund			$	14,647,425	$	14,647,425	125055

General Services Fund Group	125056

4800	490606	Senior Community Outreach and Education	$	372,523	$	372,523	125057
TOTAL GSF General Services Fund							125058
Group			$	372,523	$	372,523	125059

Federal Special Revenue Fund Group	125060

3220	490618	Federal Aging Grants	$	12,000,000	$	12,000,000	125061
3C40	656623	Long-Term Care Program Support - Federal	$	3,385,057	$	3,385,057	125062
3M40	490612	Federal Independence Services	$	58,655,080	$	58,655,080	125063
TOTAL FED Federal Special Revenue							125064
Fund Group			$	74,040,137	$	74,040,137	125065

State Special Revenue Fund Group	125066

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	125067
5BA0	490620	Ombudsman Support	$	1,250,000	$	1,250,000	125068
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	125069
5MT0	490627	Board of Executives of LTSS	$	600,000	$	600,000	125070
5W10	490616	Resident Services Coordinator Program	$	344,700	$	344,700	125071
TOTAL SSR State Special Revenue							125072
Fund Group			$	4,189,100	$	4,189,100	125073
TOTAL ALL BUDGET FUND GROUPS			$	93,249,185	$	93,249,185	125074

Section 209.20. LONG-TERM CARE

125076

Pursuant to an interagency agreement, the Department of	125077
Medicaid may designate the Department of Aging to perform	125078
assessments under section 5165.04 of the Revised Code. The	125079
Department of Aging shall provide long-term care consultations	125080
under section 173.42 of the Revised Code to assist individuals in	125081
planning for their long-term health care needs.	125082

The Department of Aging shall administer the Medicaid	125083
waiver-funded PASSPORT Home Care Program, the Choices Program, the	125084
Assisted Living Program, and PACE as delegated by the Department	125085
of Medicaid in an interagency agreement. The foregoing	125086
appropriation items 656423, Long-Term Care Program Support -	125087
State, and 656623, Long-Term Care Program Support - Federal, may	125088
be used to support the Department of Aging's administrative costs	125089
associated with operating the PASSPORT, Choices, Assisted Living,	125090
and PACE programs.	125091

PERFORMANCE-BASED REIMBURSEMENT

125092

The Department of Aging may design and utilize a payment	125093
method for PASSPORT administrative agency operations that includes	125094
a pay-for-performance incentive component that is earned by a	125095
PASSPORT administrative agency when defined consumer and policy	125096
outcomes are achieved.	125097

Section 209.30. LONG-TERM CARE OMBUDSMAN

125098

The foregoing appropriation item 490410, Long-Term Care	125099
Ombudsman, shall be used to fund ombudsman program activities as	125100
authorized in sections 173.14 to 173.27 and section 173.99 of the	125101
Revised Code.	125102

The State Ombudsman may explore the design of a payment	125103
method for the Ombudsman Program that includes a	125104
pay-for-performance incentive component that is earned by	125105
designated regional long-term care ombudsman programs.	125106

SENIOR COMMUNITY SERVICES

125107

The foregoing appropriation item 490411, Senior Community	125108
Services, shall be used for services designated by the Department	125109
of Aging, including, but not limited to, home-delivered and	125110
congregate meals, transportation services, personal care services,	125111
respite services, adult day services, home repair, care	125112
coordination, prevention and disease self-management, and decision	125113
support systems. Service priority shall be given to low income,	125114
frail, and cognitively impaired persons 60 years of age and over.	125115
The department shall promote cost sharing by service recipients	125116
for those services funded with senior community services funds,	125117
including, when possible, sliding-fee scale payment systems based	125118
on the income of service recipients.	125119

ALZHEIMER'S RESPITE

125120

The foregoing appropriation item 490414, Alzheimer's Respite,	125121
shall be used to fund only Alzheimer's disease services under	125122
section 173.04 of the Revised Code.	125123

NATIONAL SENIOR SERVICE CORPS

125124

The foregoing appropriation item 490506, National Senior	125125
Service Corps, shall be used by the Department of Aging to fund	125126
grants for three Corporation for National and Community	125127
Service/Senior Corps programs: the Foster Grandparents Program,	125128
the Senior Companion Program, and the Retired Senior Volunteer	125129
Program. A recipient of these grant funds shall use the funds to	125130
support priorities established by the Department and the Ohio	125131
State Office of the Corporation for National and Community	125132
Service. The expenditure of these funds by any grant recipient	125133
shall be in accordance with Senior Corps policies and procedures,	125134
as stated in the Domestic Volunteer Service Act of 1973, as	125135
amended. Neither the Department nor any area agencies on aging	125136
that are involved in the distribution of these funds to	125137
lower-tiered grant recipients may use any portion of these funds	125138
to cover administrative costs.	125139

SENIOR COMMUNITY OUTREACH AND EDUCATION

125140

The foregoing appropriation item 490606, Senior Community	125141
Outreach and Education, may be used to provide training to workers	125142
in the field of aging pursuant to division (G) of section 173.02	125143
of the Revised Code.	125144

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	125145
AND FEDERAL AGING GRANTS	125146

At the request of the Director of Aging, the Director of	125147
Budget and Management may transfer appropriation between	125148
appropriation items 490612, Federal Independence Services, and	125149
490618, Federal Aging Grants. The amounts transferred shall not	125150
exceed 30 per cent of the appropriation from which the transfer is	125151
made. Any transfers shall be reported by the Department of Aging	125152
to the Controlling Board at the next scheduled meeting of the	125153
board.	125154

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

125155

The foregoing appropriation item 490609, Regional Long-Term	125156
Care Ombudsman Program, shall be used to pay the costs of	125157
operating the regional long-term care ombudsman programs	125158
designated by the State Long-Term Care Ombudsman.	125159

TRANSFER OF RESIDENT PROTECTION FUNDS

125160

In each fiscal year, the Director of Budget and Management	125161
may transfer up to $1,250,000 cash from the Resident Protection	125162
Fund (Fund 4E30), which is used by the Department of Medicaid, to	125163
the Ombudsman Support Fund (Fund 5BA0), which is used by the	125164
Department of Aging.	125165

The Director of Aging and the Office of the State Long-Term	125166
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	125167
5BA0) to implement a nursing home quality initiative as specified	125168
in section 173.60 of the Revised Code.	125169

LONG-TERM CARE CONSUMERS GUIDE

125170

The foregoing appropriation item 490613, Long-Term Care	125171
Consumers Guide, shall be used to conduct annual consumer	125172
satisfaction surveys and to pay for other administrative expenses	125173
related to the publication of the Ohio Long-Term Care Consumer	125174
Guide.	125175

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	125176
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	125177

On July 1, 2013, or as soon as possible thereafter, the	125178
Director of Health shall certify to the Director of Budget and	125179
Management the cash balance relating to the Board of Examiners of	125180
Nursing Home Administrators in the General Operations Fund (Fund	125181
4700), used by the Department of Health. Upon receiving this	125182
certification, the Director of Budget and Management may transfer	125183
this cash from the General Operations Fund (Fund 4700) to the	125184
Board of Executives of Long-Term Services and Supports Fund (Fund	125185
5MT0), used by the Department of Aging. If this transfer occurs,	125186
the Director of Budget and Management shall cancel any existing	125187
encumbrances pertaining to the Board of Examiners of Nursing Home	125188
Administrators against appropriation item 440647, Fee Supported	125189
Programs, and re-establish them against appropriation item 490627,	125190
Board of Executives of LTSS. The re-established encumbrance	125191
amounts are hereby appropriated.	125192

Section 209.40. DEPARTMENT OF AGING'S APPROPRIATION ITEM	125193
STRUCTURE	125194

Upon request from the Director of Aging, the Director of	125195
Budget and Management may establish new funds, new appropriation	125196
items, and appropriations in order to support the transition to a	125197
new appropriation item structure in the Department of Aging's	125198
budget. Also, upon request of the Director of Aging, the Director	125199
of Budget and Management may transfer appropriations between GRF	125200
appropriation items, transfer cash between any funds used by the	125201
Department of Aging, abolish existing funds used by the Department	125202
of Aging, and cancel and reestablish encumbrances. Any	125203
establishment of new funds or appropriation items, any transfers	125204
of appropriations or cash, and any increases in appropriation	125205
under this section are subject to Controlling Board approval.	125206

Section 209.50. UPDATING AUTHORIZING STATUTE CITATIONS

125207

As used in this section, "authorizing statute" means a	125208
Revised Code section or provision of a Revised Code section that	125209
is cited in the Ohio Administrative Code as the statute that	125210
authorizes the adoption of a rule.	125211

The Director of Aging is not required to amend any rule for	125212
the sole purpose of updating the citation in the Ohio	125213
Administrative Code to the rule's authorizing statute to reflect	125214
that this act renumbers the authorizing statute or relocates it to	125215
another Revised Code section. Such citations shall be updated as	125216
the Director amends the rules for other purposes.	125217

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

125218

General Revenue Fund	125219

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	125220
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	125221
GRF	700404	Ohio Proud	$	50,000	$	50,000	125222
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	125223
GRF	700407	Food Safety	$	848,792	$	848,792	125224
GRF	700409	Farmland Preservation	$	72,750	$	72,750	125225
GRF	700412	Weights and Measures	$	600,000	$	600,000	125226
GRF	700415	Poultry Inspection	$	542,978	$	542,978	125227
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	125228
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	125229
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	125230
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	125231
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	125232
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	125233
TOTAL GRF General Revenue Fund			$	15,404,231	$	15,204,231	125234

General Services Fund Group	125235

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	125236
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	125237
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	125238

Federal Special Revenue Fund Group	125239

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	125240
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	125241
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	125242
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	125243
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	125244
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	125245
TOTAL FED Federal Special Revenue							125246
Fund Group			$	12,806,000	$	12,806,000	125247

State Special Revenue Fund Group	125248

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	125249
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	125250
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	125251
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	125252
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	125253
4D20	700609	Auction Education	$	35,000	$	35,000	125254
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	125255
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	125256
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	125257
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	125258
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	125259
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	125260
5880	700633	Brand Registration	$	5,000	$	5,000	125261
5B80	700629	Auctioneers	$	340,000	$	340,000	125262
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	125263
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	125264
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	125265
5L80	700604	Livestock Management Program	$	145,000	$	145,000	125266
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	125267
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	125268
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	125269
TOTAL SSR State Special Revenue							125270
Fund Group			$	18,523,313	$	18,518,313	125271

Clean Ohio Conservation Fund Group	125272

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		125273
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		125274

TOTAL ALL BUDGET FUND GROUPS

52,526,557

52,357,617

125275

DANGEROUS AND RESTRICTED WILD ANIMALS

125276

The foregoing GRF appropriation item 700426, Dangerous and	125277
Restricted Animals, shall be used to administer the Dangerous and	125278
Restricted Wild Animal Permitting Program.	125279

COUNTY AGRICULTURAL SOCIETIES

125280

The foregoing appropriation item 700501, County Agricultural	125281
Societies, shall be used to reimburse county and independent	125282
agricultural societies for expenses related to Junior Fair	125283
activities.	125284

CLEAN OHIO AGRICULTURAL EASEMENT

125285

The foregoing appropriation item 700632, Clean Ohio	125286
Agricultural Easement, shall be used by the Department of	125287
Agriculture in administering Ohio Agricultural Easement Fund (Fund	125288
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	125289
5301.70 of the Revised Code.	125290

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

125291

General Services Fund Group	125292

5EG0	898608		Energy Strategy Development		$	240,681		$	240,681		125293
TOTAL GSF General Services Fund					$	240,681		$	240,681		125294

State Special Revenue Fund Group	125295

4Z90	898602	Small Business Ombudsman	$	288,232	$	288,232	125296
5700	898601	Operating Expenses	$	323,980	$	323,980	125297
5A00	898603	Small Business Assistance	$	900,000	$	1,125,000	125298
TOTAL SSR State Special Revenue Fund Group			$	1,512,212	$	1,737,212	125299
TOTAL ALL BUDGET FUND GROUPS			$	1,752,893	$	1,977,893	125300

Section 213.20. ENERGY STRATEGY DEVELOPMENT

125302

The Energy Strategy Development Program shall develop energy	125303
initiatives, projects, and policy that align with the energy	125304
policy for the state. Issues addressed by such initiatives,	125305
projects, and policy shall not be limited to those governed by	125306
Chapter 3706. of the Revised Code. The Ohio Air Quality	125307
Development Authority shall be responsible for the monitoring of	125308
the program.	125309

There is hereby created in the state treasury the Energy	125310
Strategy Development Fund (Fund 5EG0). The fund shall consist of	125311
money credited to it and money obtained for advanced energy	125312
projects from federal or private grants, loans, or other sources.	125313
Money in the fund shall be used to carry out the purposes of the	125314
program. Interest earned on the money in the fund shall be	125315
credited to the General Revenue Fund.	125316

On July 1 of each fiscal year, or as soon as possible	125317
thereafter, the Director of Budget and Management may transfer	125318
cash from the funds specified below, up to the amounts specified	125319
below, to the Energy Strategy Development Fund. Fund 5EG0 may	125320
accept contributions and transfers made to the fund. On July 1,	125321
2015, or as soon as possible thereafter, the Director shall	125322
transfer to the General Revenue Fund all cash credited to Fund	125323
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	125324

Fund	Fund Name	User	FY 2014	FY 2015	125325
1310	State Agency Construction Project Service	Ohio Facilities Construction Commission	$27,405	$27,439	125326
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	125327
1350	Supportive Services	Development Services Agency	$27,405	$27,439	125328
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	125329
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	125330
7002	Highway Operating	Department of Transportation	$39,150	$39,199	125331

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	125332
AUTHORITY TRUST ACCOUNT	125333

Notwithstanding any other provision of law to the contrary,	125334
the Air Quality Development Authority may reimburse the Air	125335
Quality Development Authority trust account established under	125336
section 3706.10 of the Revised Code from all operating funds of	125337
the agency for expenses pertaining to the administration and	125338
shared costs incurred by the Air Quality Development Authority in	125339
the execution of responsibilities as prescribed in Chapter 3706.	125340
of the Revised Code. Reimbursement shall be made by voucher and	125341
completed in accordance with the administrative indirect costs	125342
allocation plan approved by the Office of Budget and Management.	125343

Section 215.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

125344

General Services Fund Group	125345

4K90	891609	Operating	$	481,379	$	485,954	125346
TOTAL GSF General Services Fund							125347
Group			$	481,379	$	485,954	125348
TOTAL ALL BUDGET FUND GROUPS			$	481,379	$	485,954	125349

Section 217.10. ART OHIO ARTS COUNCIL

125351

General Revenue Fund	125352

GRF	370321	Operating Expenses	$	1,599,204	$	1,599,204	125353
GRF	370502	State Program Subsidies	$	8,850,000	$	8,850,000	125354
TOTAL GRF General Revenue Fund			$	10,449,204	$	10,449,204	125355

General Services Fund Group	125356

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	125357
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	125358
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	125359

Federal Special Revenue Fund Group	125360

3140	370601	Federal Support	$	1,000,000	$	1,000,000	125361
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	125362
TOTAL ALL BUDGET FUND GROUPS			$	11,943,204	$	11,943,204	125363

FEDERAL SUPPORT

125364

Notwithstanding any provision of law to the contrary, the	125365
foregoing appropriation item 370601, Federal Support, shall be	125366
used by the Ohio Arts Council for subsidies only, and not for its	125367
administrative costs, unless the Council is required to use a	125368
portion of the funds for administrative costs under conditions of	125369
the federal grant.	125370

Section 219.10. ATH ATHLETIC COMMISSION

125371

General Services Fund Group	125372

4K90	175609	Operating Expenses	$	312,000	$	320,000	125373
TOTAL GSF General Services Fund Group			$	312,000	$	320,000	125374
TOTAL ALL BUDGET FUND GROUPS			$	312,000	$	320,000	125375

Section 221.10. AGO ATTORNEY GENERAL

125377

General Revenue Fund	125378

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	125379
GRF	055405	Law-Related Education	$	100,000	$	100,000	125380
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	1,500,000	125381
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	125382
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	125383
TOTAL GRF General Revenue Fund			$	45,703,589	$	45,703,589	125384

General Services Fund Group	125385

1060	055612	General Reimbursement	$	54,806,192	$	55,820,716	125386
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	125387
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	125388
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	125389
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	125390
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	125391
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	125392
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	125393
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	125394
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	125395
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	125396
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	125397
TOTAL GSF General Services Fund							125398
Group			$	86,700,872	$	87,642,655	125399

Federal Special Revenue Fund Group	125400

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	125401
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	125402
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	125403
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	125404
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	125405
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	125406
TOTAL FED Federal Special Revenue							125407
Fund Group			$	28,212,406	$	28,263,728	125408

State Special Revenue Fund Group	125409

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	125410
4190	055623	Claims Section	$	55,920,716	$	56,937,131	125411
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	125412
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	125413
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	125414
TOTAL SSR State Special Revenue							125415
Fund Group			$	76,867,116	$	77,790,839	125416

Holding Account Redistribution Fund Group	125417

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	125418
R005	055632	Antitrust Settlements	$	1,000	$	1,000	125419
R018	055630	Consumer Frauds	$	750,000	$	750,000	125420
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	125421
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	125422
TOTAL 090 Holding Account							125423
Redistribution Fund Group			$	6,276,025	$	6,276,025	125424

Tobacco Master Settlement Agreement Fund Group	125425

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	500,000	125426
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	500,000	125427
TOTAL ALL BUDGET FUND GROUPS			$	244,260,008	$	246,176,836	125428

COUNTY SHERIFFS' PAY SUPPLEMENT

125429

The foregoing appropriation item 055411, County Sheriffs' Pay	125430
Supplement, shall be used for the purpose of supplementing the	125431
annual compensation of county sheriffs as required by section	125432
325.06 of the Revised Code.	125433

At the request of the Attorney General, the Director of	125434
Budget and Management may transfer appropriation from	125435
appropriation item 055321, Operating Expenses, to appropriation	125436
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	125437
transferred shall be used to supplement the annual compensation of	125438
county sheriffs as required by section 325.06 of the Revised Code.	125439

COUNTY PROSECUTORS' PAY SUPPLEMENT

125440

The foregoing appropriation item 055415, County Prosecutors'	125441
Pay Supplement, shall be used for the purpose of supplementing the	125442
annual compensation of certain county prosecutors as required by	125443
section 325.111 of the Revised Code.	125444

At the request of the Attorney General, the Director of	125445
Budget and Management may transfer appropriation from	125446
appropriation item 055321, Operating Expenses, to appropriation	125447
item 055415, County Prosecutors' Pay Supplement. Any appropriation	125448
so transferred shall be used to supplement the annual compensation	125449
of county prosecutors as required by section 325.111 of the	125450
Revised Code.	125451

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	125452
REIMBURSEMENT FUND	125453

Notwithstanding any other provision of law to the contrary,	125454
on July 1, 2013, or as soon as possible thereafter, the Director	125455
of Budget and Management shall transfer $80,000 cash from the	125456
General Revenue Fund to the General Reimbursement Fund (Fund	125457
1060).	125458

WORKERS' COMPENSATION SECTION

125459

The Workers' Compensation Fund (Fund 1950) is entitled to	125460
receive payments from the Bureau of Workers' Compensation and the	125461
Ohio Industrial Commission at the beginning of each quarter of	125462
each fiscal year to fund legal services to be provided to the	125463
Bureau of Workers' Compensation and the Ohio Industrial Commission	125464
during the ensuing quarter. The advance payment shall be subject	125465
to adjustment.	125466

In addition, the Bureau of Workers' Compensation shall	125467
transfer payments at the beginning of each quarter for the support	125468
of the Workers' Compensation Fraud Unit.	125469

All amounts shall be mutually agreed upon by the Attorney	125470
General, the Bureau of Workers' Compensation, and the Ohio	125471
Industrial Commission.	125472

ATTORNEY GENERAL PASS-THROUGH FUNDS

125473

The foregoing appropriation item 055638, Attorney General	125474
Pass-Through Funds, shall be used to receive federal grant funds	125475
provided to the Attorney General by other state agencies,	125476
including, but not limited to, the Department of Youth Services	125477
and the Department of Public Safety.	125478

GENERAL HOLDING ACCOUNT

125479

The foregoing appropriation item 055631, General Holding	125480
Account, shall be used to distribute moneys under the terms of	125481
relevant court orders or other settlements received in a variety	125482
of cases involving the Office of the Attorney General. If it is	125483
determined that additional amounts are necessary for this purpose,	125484
the amounts are hereby appropriated.	125485

ANTITRUST SETTLEMENTS

125486

The foregoing appropriation item 055632, Antitrust	125487
Settlements, shall be used to distribute moneys under the terms of	125488
relevant court orders or other out of court settlements in	125489
antitrust cases or antitrust matters involving the Office of the	125490
Attorney General. If it is determined that additional amounts are	125491
necessary for this purpose, the amounts are hereby appropriated.	125492

CONSUMER FRAUDS

125493

The foregoing appropriation item 055630, Consumer Frauds,	125494
shall be used for distribution of moneys from court-ordered	125495
judgments against sellers in actions brought by the Office of	125496
Attorney General under sections 1334.08 and 4549.48 and division	125497
(B) of section 1345.07 of the Revised Code. These moneys shall be	125498
used to provide restitution to consumers victimized by the fraud	125499
that generated the court-ordered judgments. If it is determined	125500
that additional amounts are necessary for this purpose, the	125501
amounts are hereby appropriated.	125502

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

125503

The foregoing appropriation item 055601, Organized Crime	125504
Commission Distributions, shall be used by the Organized Crime	125505
Investigations Commission, as provided by section 177.011 of the	125506
Revised Code, to reimburse political subdivisions for the expenses	125507
the political subdivisions incur when their law enforcement	125508
officers participate in an organized crime task force. If it is	125509
determined that additional amounts are necessary for this purpose,	125510
the amounts are hereby appropriated.	125511

COLLECTION PAYMENT REDISTRIBUTION

125512

The foregoing appropriation item 055650, Collection Payment	125513
Redistribution, shall be used for the purpose of allocating the	125514
revenue where debtors mistakenly paid the client agencies instead	125515
of the Attorney General's Collections Enforcement Section. If it	125516
is determined that additional amounts are necessary for this	125517
purpose, the amounts are hereby appropriated.	125518

Section 223.10. AUD AUDITOR OF STATE

125519

General Revenue Fund	125520

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	125521
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	125522
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	125523

Auditor of State Fund Group	125524

1090	070601	Public Audit Expense - Intra-State	$	9,069,804	$	9,196,081	125525
4220	070602	Public Audit Expense - Local Government	$	31,052,999	$	31,031,044	125526
5840	070603	Training Program	$	181,730	$	181,250	125527
5JZ0	070606	LEAP Revolving Loans	$	650,000	$	650,000	125528
6750	070605	Uniform Accounting Network	$	3,241,533	$	3,160,637	125529
TOTAL AUD Auditor of State Fund							125530
Group			$	44,196,066	$	44,219,012	125531
TOTAL ALL BUDGET FUND GROUPS			$	72,430,518	$	72,453,464	125532

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

125533

The foregoing appropriation item 070403, Fiscal	125534
Watch/Emergency Technical Assistance, shall be used for expenses	125535
incurred by the Office of the Auditor of State in its role	125536
relating to fiscal watch or fiscal emergency activities under	125537
Chapters 118. and 3316. of the Revised Code. Expenses include, but	125538
are not limited to, the following: duties related to the	125539
determination or termination of fiscal watch or fiscal emergency	125540
of municipal corporations, counties, townships, or school	125541
districts; development of preliminary accounting reports;	125542
performance of annual forecasts; provision of performance audits;	125543
and supervisory, accounting, or auditing services for the	125544
municipal corporations, counties, townships, or school districts.	125545

Section 225.10. BRB BOARD OF BARBER EXAMINERS

125546

General Services Fund Group	125547

4K90	877609	Operating Expenses	$	670,882	$	674,272	125548
TOTAL GSF General Services Fund							125549
Group			$	670,882	$	674,272	125550
TOTAL ALL BUDGET FUND GROUPS			$	670,882	$	674,272	125551

Section 227.10. OBM OFFICE OF BUDGET AND MANAGEMENT

125553

General Revenue Fund	125554

GRF	042321	Budget Development and Implementation	$	2,703,189	$	2,697,483	125555
GRF	042409	Commission Closures	$	304,000	$	155,000	125556
GRF	042416	Office of Health Transformation	$	484,486	$	498,571	125557
GRF	042425	Shared Services Development	$	1,250,000	$	1,250,000	125558
TOTAL GRF General Revenue Fund			$	4,741,675	$	4,601,054	125559

General Services Fund Group	125560

1050	042603	Financial Management	$	14,060,275	$	14,451,086	125561
1050	042620	Shared Services Operating	$	8,837,518	$	8,924,830	125562
TOTAL GSF General Services Fund Group			$	22,897,793	$	23,375,916	125563

Federal Special Revenue Fund Group	125564

3CM0	042606		Office of Health Transformation - Federal		$	438,723		$	438,723		125565
TOTAL FED Federal Special Revenue Fund Group					$	438,723		$	438,723		125566

Agency Fund Group	125567

5EH0	042604	Forgery Recovery	$	40,000	$	40,000	125568
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	125569
TOTAL ALL BUDGET FUND GROUPS			$	28,118,191	$	28,455,693	125570

COMMISSION CLOSURES

125571

The foregoing appropriation item 042409, Commission Closures,	125572
may be used to pay obligations associated with the closure of any	125573
state agency, whether in the executive, legislative, or judicial	125574
branch of government. Notwithstanding any provision of law to the	125575
contrary, this appropriation item may also be used to pay final	125576
payroll expenses occurring after the closure of any state agency,	125577
whether in the executive, legislative, or judicial branch of	125578
government in the event that appropriations or cash in the closing	125579
agency are insufficient to do so.	125580

The Director of Budget and Management may request Controlling	125581
Board approval for funds to be transferred to appropriation item	125582
042409, Commission Closures, from appropriation item 911614, CB	125583
Emergency Purposes, for anticipated expenses associated with	125584
agency closures.	125585

AUDIT COSTS AND DUES

125586

All centralized audit costs associated with either Single	125587
Audit Schedules or financial statements prepared in conformance	125588
with generally accepted accounting principles for the state shall	125589
be paid from the foregoing appropriation item 042603, Financial	125590
Management.	125591

Costs associated with the audit of the Auditor of State and	125592
national association dues shall be paid from the foregoing	125593
appropriation item 042321, Budget Development and Implementation.	125594

SHARED SERVICES CENTER

125595

The foregoing appropriation items 042425, Shared Services	125596
Development, and 042620, Shared Services Operating, shall be used	125597
by the Director of Budget and Management to support a Shared	125598
Services Center within the Office of Budget and Management for the	125599
purpose of consolidating statewide business functions and common	125600
transactional processes.	125601

The Director of Budget and Management shall include the	125602
recovery of costs to operate the Shared Services Center in the	125603
accounting and budgeting services payroll rate and through a	125604
direct charges using intrastate transfer vouchers to agencies for	125605
services rendered. The Director of Budget and Management shall	125606
determine the cost recovery methodology. Such cost recovery	125607
revenues shall be deposited to the credit of Fund 1050.	125608

INTERNAL AUDIT

125609

The Director of Budget and Management shall include the	125610
recovery of costs to operate the Internal Audit Program in the	125611
accounting and budgeting services payroll rate and through a	125612
direct charge using intrastate transfer vouchers to agencies	125613
reviewed by the program. The Director of Budget and Management,	125614
with advice from the Internal Audit Advisory Council, shall	125615
determine the cost recovery methodology. Such cost recovery	125616
revenues shall be deposited to the credit of the Accounting and	125617
Budgeting Fund (Fund 1050).	125618

FORGERY RECOVERY

125619

The foregoing appropriation item 042604, Forgery Recovery,	125620
shall be used to reissue warrants that have been certified as	125621
forgeries by the rightful recipient as determined by the Bureau of	125622
Criminal Identification and Investigation and the Treasurer of	125623
State. Upon receipt of funds to cover the reissuance of the	125624
warrant, the Director of Budget and Management shall reissue a	125625
state warrant of the same amount. Any additional amounts needed to	125626
reissue warrants backed by the receipt of funds are hereby	125627
appropriated.	125628

ABOLISHMENT OF FUND 5N40 AND FUND 5Z80

125629

On or before December 31, 2013, the Director of Budget and	125630
Management shall transfer the cash balances of the OAKS Project	125631
Implementation Fund (Fund 5N40) and the Office of Health	125632
Transformation Administration Fund (Fund 5Z80) to the General	125633
Revenue Fund. Upon completion of the transfers, Fund 5N40 and Fund	125634
5Z80 are abolished.	125635

Section 229.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

125636

General Revenue Fund	125637

GRF	874100	Personal Services	$	2,417,467	$	2,417,467	125638
GRF	874320	Maintenance and Equipment	$	1,161,098	$	1,161,098	125639
TOTAL GRF General Revenue Fund			$	3,578,565	$	3,578,565	125640

General Services Fund Group	125641

4G50	874603	Capitol Square Education Center and Arts	$	5,882	$	5,882	125642
4S70	874602	Statehouse Gift Shop/Events	$	629,409	$	629,409	125643
TOTAL GSF General Services							125644
Fund Group			$	635,291	$	635,291	125645

Underground Parking Garage	125646

2080	874601	Underground Parking Garage Operations	$	3,039,740	$	2,981,740	125647
TOTAL UPG Underground Parking							125648
Garage			$	3,039,740	$	2,981,740	125649
TOTAL ALL BUDGET FUND GROUPS			$	7,253,596	$	7,195,596	125650

WAREHOUSE PAYMENTS

125651

Of the foregoing appropriation item 874601, Underground	125652
Parking Garage Operations, $48,000 in each fiscal year shall be	125653
used to meet all payments at the times they are required to be	125654
made during the period from July 1, 2013, through June 30, 2015,	125655
to the Department of Administrative Services for bond service	125656
charges relating to the purchase and improvement of a warehouse	125657
acquired pursuant to section 105.41 of the Revised Code, in which	125658
to store items of the Capitol Collection Trust and, whenever	125659
necessary, equipment or other property of the Board.	125660

UNDERGROUND PARKING GARAGE FUND

125661

Notwithstanding division (G) of section 105.41 of the Revised	125662
Code and any other provision to the contrary, moneys in the	125663
Underground Parking Garage Fund (Fund 2080) may be used for	125664
personnel and operating costs related to the operations of the	125665
Statehouse and the Statehouse Underground Parking Garage.	125666

Section 231.10. SCR STATE BOARD OF CAREER COLLEGES AND	125667
SCHOOLS	125668

General Services Fund Group	125669

4K90	233601	Operating Expenses	$	579,328	$	579,328	125670
TOTAL GSF General Services Fund Group			$	579,328	$	579,328	125671
TOTAL ALL BUDGET FUND GROUPS			$	579,328	$	579,328	125672

Section 233.10. CAC CASINO CONTROL COMMISSION

125674

State Special Revenue Fund Group	125675

5HS0	955321	Casino Control - Operating	$	13,121,283	$	13,542,674	125676
TOTAL SSR State Special Revenue Fund Group			$	13,121,283	$	13,542,674	125677
TOTAL ALL BUDGET FUND GROUPS			$	13,121,283	$	13,542,674	125678

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

125680

General Services Fund Group	125681

4K90	930609	Operating Expenses	$	476,642	$	469,349	125682
TOTAL GSF General Services Fund Group			$	476,642	$	469,349	125683
TOTAL ALL BUDGET FUND GROUPS			$	476,642	$	469,349	125684

Section 237.10. CHR STATE CHIROPRACTIC BOARD

125686

General Services Fund Group	125687

4K90	878609	Operating Expenses	$	617,829	$	630,775	125688
TOTAL GSF General Services Fund Group			$	617,829	$	630,775	125689
TOTAL ALL BUDGET FUND GROUPS			$	617,829	$	630,775	125690

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

125692

General Revenue Fund	125693

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		125694
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		125695

General Services Fund Group	125696

2170	876604	Operations Support	$	4,000	$	4,000	125697
TOTAL GSF General Services							125698
Fund Group			$	4,000	$	4,000	125699

Federal Special Revenue Fund Group	125700

3340	876601	Federal Programs	$	2,820,670	$	2,947,983	125701
TOTAL FED Federal Special Revenue							125702
Fund Group			$	2,820,670	$	2,947,983	125703

TOTAL ALL BUDGET FUND GROUPS

7,550,454

7,677,767

125704

Section 241.10. COM DEPARTMENT OF COMMERCE

125706

General Services Fund Group	125707

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	125708
1630	800637	Information Technology	$	6,011,977	$	6,011,977	125709
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	125710
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	125711
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	125712
TOTAL GSF General Services Fund							125713
Group			$	84,249,523	$	84,249,523	125714

Federal Special Revenue Fund Group	125715

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	125716
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	125717
TOTAL FED Federal Special Revenue							125718
Fund Group			$	2,685,729	$	2,685,729	125719

State Special Revenue Fund Group	125720

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	125721
4H90	800608	Cemeteries	$	266,688	$	266,688	125722
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	125723
5440	800612	Banks	$	6,836,589	$	6,836,589	125724
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	125725
5460	800610	Fire Marshal	$	15,315,738	$	15,324,574	125726
5460	800639	Fire Department Grants	$	2,198,802	$	2,198,802	125727
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	125728
5480	800611	Real Estate Recovery	$	50,000	$	50,000	125729
5490	800614	Real Estate	$	3,310,412	$	3,310,412	125730
5500	800617	Securities	$	4,238,814	$	4,238,814	125731
5520	800604	Credit Union	$	3,297,888	$	3,297,888	125732
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	125733
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	125734
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	125735
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	125736
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	125737
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	125738
5X60	800623	Video Service	$	337,224	$	337,224	125739
6530	800629	UST Registration/Permit Fee	$	3,831,888	$	3,612,588	125740
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	125741
TOTAL SSR State Special Revenue							125742
Fund Group			$	83,409,588	$	83,546,425	125743

Liquor Control Fund Group	125744

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	209,279	$	198,097	125745
5LN0	800645	Liquor Operating Services	$	5,231,967	$	4,952,417	125746
TOTAL LCF Liquor Control							125747
Fund Group			$	5,441,246	$	5,150,514	125748
TOTAL ALL BUDGET FUND GROUPS			$	175,786,086	$	175,632,191	125749

ADMINISTRATIVE ASSESSMENTS

125750

Notwithstanding any other provision of law to the contrary,	125751
the Division of Administration Fund (Fund 1630) is entitled to	125752
receive assessments from all operating funds of the Department in	125753
accordance with procedures prescribed by the Director of Commerce	125754
and approved by the Director of Budget and Management.	125755

UNCLAIMED FUNDS PAYMENTS

125756

The foregoing appropriation item 800625, Unclaimed	125757
Funds-Claims, shall be used to pay claims under section 169.08 of	125758
the Revised Code. If it is determined that additional amounts are	125759
necessary, the amounts are appropriated.	125760

FIRE DEPARTMENT GRANTS

125761

Of the foregoing appropriation item 800639, Fire Department	125762
Grants, up to $2,198,802 in each fiscal year shall be used to make	125763
annual grants to the following eligible recipients: volunteer fire	125764
departments, fire departments that serve one or more small	125765
municipalities or small townships, joint fire districts comprised	125766
of fire departments that primarily serve small municipalities or	125767
small townships, local units of government responsible for such	125768
fire departments, and local units of government responsible for	125769
the provision of fire protection services for small municipalities	125770
or small townships. For the purposes of these grants, a private	125771
fire company, as that phrase is defined in section 9.60 of the	125772
Revised Code, that is providing fire protection services under a	125773
contract to a political subdivision of the state, is an additional	125774
eligible recipient for a training grant.	125775

Eligible recipients that consist of small municipalities or	125776
small townships that all intend to contract with the same fire	125777
department or private fire company for fire protection services	125778
may jointly apply and be considered for a grant. If a joint	125779
applicant is awarded a grant, the State Fire Marshal shall, if	125780
feasible, proportionately award the grant and any equipment	125781
purchased with grant funds to each of the joint applicants based	125782
upon each applicant's contribution to and demonstrated need for	125783
fire protection services.	125784

If the grant awarded to joint applicants is an equipment	125785
grant and the equipment to be purchased cannot be readily	125786
distributed or possessed by multiple recipients, each of the joint	125787
applicants shall be awarded by the State Fire Marshal an ownership	125788
interest in the equipment so purchased in proportion to each	125789
applicant's contribution to and demonstrated need for fire	125790
protection services. The joint applicants shall then mutually	125791
agree on how the equipment is to be maintained, operated, stored,	125792
or disposed of. If, for any reason, the joint applicants cannot	125793
agree as to how jointly owned equipment is to be maintained,	125794
operated, stored, or disposed of or any of the joint applicants no	125795
longer maintain a contract with the same fire protection service	125796
provider as the other applicants, then the joint applicants shall,	125797
with the assistance of the State Fire Marshal, mutually agree as	125798
to how the jointly owned equipment is to be maintained, operated,	125799
stored, disposed of, or owned. If the joint applicants cannot	125800
agree how the grant equipment is to be maintained, operated,	125801
stored, disposed of, or owned, the State Fire Marshal may, in its	125802
discretion, require all of the equipment acquired by the joint	125803
applicants with grant funds to be returned to the State Fire	125804
Marshal. The State Fire Marshal may then award the returned	125805
equipment to any eligible recipients.	125806

Except as otherwise provided in this section, the grants	125807
shall be used by recipients to purchase firefighting or rescue	125808
equipment or gear or similar items, to provide full or partial	125809
reimbursement for the documented costs of firefighter training,	125810
or, at the discretion of the State Fire Marshal, to cover fire	125811
department costs for providing fire protection services in that	125812
grant recipient's jurisdiction.	125813

Of the foregoing appropriation item 800639, up to $500,000	125814
per fiscal year may be used to pay for the State Fire Marshal's	125815
costs of providing firefighter I certification classes or other	125816
firefighter classes approved by the Department of Public Safety in	125817
accordance with section 4765.55 of the Revised Code at no cost to	125818
selected students attending the Ohio Fire Academy or other class	125819
providers approved by the State Fire Marshal. The State Fire	125820
Marshal may establish the qualifications and selection processes	125821
for students to attend such classes by written policy, and such	125822
students shall be considered eligible recipients of fire	125823
department grants for the purposes of this portion of the grant	125824
program.	125825

Grant awards for firefighting or rescue equipment or gear or	125826
for fire department costs of providing fire protection services	125827
shall be up to $15,000 per fiscal year, or up to $25,000 per	125828
fiscal year if an eligible entity serves a jurisdiction in which	125829
the Governor declared a natural disaster during the preceding or	125830
current fiscal year in which the grant was awarded. In addition to	125831
any grant funds awarded for rescue equipment or gear, or for fire	125832
department costs associated with the provision of fire protection	125833
services, an eligible entity may receive a grant for up to $15,000	125834
per fiscal year for full or partial reimbursement of the	125835
documented costs of firefighter training. For each fiscal year,	125836
the State Fire Marshal shall determine the total amounts to be	125837
allocated for each eligible purpose.	125838

The grant program shall be administered by the State Fire	125839
Marshal in accordance with rules the State Fire Marshal adopts as	125840
part of the state fire code adopted pursuant to section 3737.82 of	125841
the Revised Code that are necessary for the administration and	125842
operation of the grant program. The rules may further define the	125843
entities eligible to receive grants and establish criteria for the	125844
awarding and expenditure of grant funds, including methods the	125845
State Fire Marshal may use to verify the proper use of grant funds	125846
or to obtain reimbursement for or the return of equipment for	125847
improperly used grant funds. Any amounts in appropriation item	125848
800639, Fire Department Grants, in excess of the amount allocated	125849
for these grants may be used for the administration of the grant	125850
program.	125851

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

125852

The Director of Budget and Management, upon the request of	125853
the Director of Commerce, may transfer up to $500,000 in cash from	125854
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	125855
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	125856
the Division of Real Estate Operating Fund (Fund 5490) during the	125857
biennium ending June 30, 2015.	125858

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

125859

General Services Fund Group	125860

5F50	053601	Operating Expenses	$	5,641,093	$	5,641,093	125861
TOTAL GSF General Services Fund Group			$	5,641,093	$	5,641,093	125862
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	5,641,093	125863

Section 245.10. CEB CONTROLLING BOARD

125865

General Revenue Fund	125866

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		125867
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		125868

General Services Fund Group	125869

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	125870
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	125871
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	125872

FEDERAL SHARE

125873

In transferring appropriations to or from appropriation items	125874
that have federal shares identified in this act, the Controlling	125875
Board shall add or subtract corresponding amounts of federal	125876
matching funds at the percentages indicated by the state and	125877
federal division of the appropriations in this act. Such changes	125878
are hereby appropriated.	125879

DISASTER SERVICES

125880

Pursuant to requests submitted by the Department of Public	125881
Safety, the Controlling Board may approve transfers from the	125882
Disaster Services Fund (5E20) to a fund and appropriation item	125883
used by the Department of Public Safety to provide for assistance	125884
to political subdivisions made necessary by natural disasters or	125885
emergencies. These transfers may be requested and approved prior	125886
to the occurrence of any specific natural disasters or emergencies	125887
in order to facilitate the provision of timely assistance. The	125888
Emergency Management Agency of the Department of Public Safety	125889
shall use the funding to fund the State Disaster Relief Program	125890
for disasters that have a written Governor's authorization, and	125891
the State Individual Assistance Program for disasters that have a	125892
written Governor's authorization and is declared by the federal	125893
Small Business Administration. The Ohio Emergency Management	125894
Agency shall publish and make available application packets	125895
outlining procedures for the State Disaster Relief Program and the	125896
State Individual Assistance Program.	125897

Fund 5E20 shall be used by the Controlling Board, pursuant to	125898
requests submitted by state agencies, to transfer cash and	125899
appropriations to any fund and appropriation item for the payment	125900
of state agency disaster relief program expenses for disasters	125901
that have a written Governor's authorization, if the Director of	125902
Budget and Management determines that sufficient funds exist.	125903

Upon the request of the Department of Public Safety, the	125904
Controlling Board may release up to $3,000,000 for Blanchard River	125905
flood mitigation projects.	125906

BALLOT ADVERTISING COSTS

125907

Pursuant to section 3501.17 of the Revised Code, and upon	125908
requests submitted by the Secretary of State, the Controlling	125909
Board shall approve transfers from the foregoing appropriation	125910
item 911441, Ballot Advertising Costs, to appropriation item	125911
050621, Statewide Ballot Advertising, in order to pay for the cost	125912
of public notices associated with statewide ballot initiatives.	125913

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	125914
ELIGIBILITY	125915

A state agency director shall request that the Controlling	125916
Board increase the amount of the agency's capital appropriations	125917
if the director determines such an increase is necessary for the	125918
agency to receive and use funds under the federal American	125919
Recovery and Reinvestment Act of 2009. The Controlling Board may	125920
increase the capital appropriations pursuant to the request up to	125921
the exact amount necessary under the federal act if the Board	125922
determines it is necessary for the agency to receive and use those	125923
federal funds.	125924

Section 247.10. COS STATE BOARD OF COSMETOLOGY

125925

General Services Fund Group	125926

4K90	879609	Operating Expenses	$	3,474,030	$	3,474,030	125927
TOTAL GSF General Services Fund							125928
Group			$	3,474,030	$	3,474,030	125929
TOTAL ALL BUDGET FUND GROUPS			$	3,474,030	$	3,474,030	125930

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	125932
AND FAMILY THERAPIST BOARD	125933

General Services Fund Group	125934

4K90	899609	Operating Expenses	$	1,265,856	$	1,281,478	125935
TOTAL GSF General Services Fund							125936
Group			$	1,265,856	$	1,281,478	125937
TOTAL ALL BUDGET FUND GROUPS			$	1,265,856	$	1,281,478	125938

Section 251.10. CLA COURT OF CLAIMS

125940

General Revenue Fund	125941

GRF	015321		Operating Expenses		$	2,501,052		$	2,501,052		125942
TOTAL GRF General Revenue Fund					$	2,501,052		$	2,501,052		125943

State Special Revenue Fund Group	125944

5K20	015603	CLA Victims of Crime	$	415,556	$	415,953	125945
TOTAL SSR State Special Revenue							125946
Fund Group			$	415,556	$	415,953	125947
TOTAL ALL BUDGET FUND GROUPS			$	2,916,608	$	2,917,005	125948

Section 253.10. DEN STATE DENTAL BOARD

125950

General Services Fund Group	125951

4K90	880609	Operating Expenses	$	1,566,484	$	1,566,484	125952
TOTAL GSF General Services Fund							125953
Group			$	1,566,484	$	1,566,484	125954
TOTAL ALL BUDGET FUND GROUPS			$	1,566,484	$	1,566,484	125955

Section 255.10. BDP BOARD OF DEPOSIT

125957

General Services Fund Group	125958

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	125959
TOTAL GSF General Services Fund							125960
Group			$	1,876,000	$	1,876,000	125961
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	125962

BOARD OF DEPOSIT EXPENSE FUND

125963

Upon receiving certification of expenses from the Treasurer	125964
of State, the Director of Budget and Management shall transfer	125965
cash from the Investment Earnings Redistribution Fund (Fund 6080)	125966
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	125967
shall be used pursuant to section 135.02 of the Revised Code to	125968
pay for any and all necessary expenses of the Board of Deposit or	125969
for banking charges and fees required for the operation of the	125970
State of Ohio Regular Account.	125971

Section 257.10. DEV DEVELOPMENT SERVICES AGENCY

125972

General Revenue Fund	125973

GRF	195402	Coal Research Operating	$	261,205	$	261,405	125974
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	125975
GRF	195407	Travel and Tourism	$	1,300,000	$	0	125976
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	125977
GRF	195426	Redevelopment Assistance	$	468,365	$	468,365	125978
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	125979
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	125980
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	125981
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	125982
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	125983
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	125984
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	125985
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	66,511,600	$	83,783,000	125986
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	15,498,400	$	19,124,500	125987
TOTAL GRF General Revenue Fund			$	114,210,145	$	135,276,145	125988

General Services Fund Group	125989

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	125990
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	125991
5KN0	195640	Local Government Innovation	$	19,130,986	$	20,000,000	125992
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	125993
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	125994
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	125995
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	125996
TOTAL GSF General Services Fund							125997
Group			$	49,280,986	$	35,150,000	125998

Federal Special Revenue Fund Group	125999

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	126000
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	126001
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	126002
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	126003
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	126004
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	126005
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	126006
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	126007
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	126008
3350	195610	Energy Programs	$	200,000	$	200,000	126009
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	126010
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	126011
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	126012
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	126013
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	126014
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	126015
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	126016
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	126017
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	126018
TOTAL FED Federal Special Revenue							126019
Fund Group			$	417,389,090	$	375,260,494	126020

State Special Revenue Fund Group	126021

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	126022
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	126023
4F20	195639	State Special Projects	$	102,145	$	102,104	126024
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	126025
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	126026
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	126027
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	126028
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	126029
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	126030
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	126031
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	126032
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	126033
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	126034
5MJ0	195683	TourismOhio Administration	$	7,000,000	$	8,000,000	126035
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	126036
6170	195654	Volume Cap Administration	$	32,562	$	32,562	126037
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	126038
TOTAL SSR State Special Revenue							126039
Fund Group			$	473,628,375	$	463,028,371	126040

Facilities Establishment Fund Group	126041

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	126042
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	126043
7010	195665	Research and Development	$	22,000,000	$	22,000,000	126044
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	126045
TOTAL 037 Facilities							126046
Establishment Fund Group			$	90,000,000	$	90,000,000	126047

Clean Ohio Revitalization Fund	126048

7003	195663		Clean Ohio Program		$	950,000		$	950,000		126049
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		126050

Third Frontier Research & Development Fund Group	126051

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	126052
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	126053
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	126054
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	126055
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	126056

Job Ready Site Development Fund Group	126057

7012	195688		Job Ready Site Development		$	800,000		$	800,000		126058
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		126059

Tobacco Master Settlement Agreement Fund Group	126060

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	126061
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	126062
TOTAL ALL BUDGET FUND GROUPS			$	1,280,155,191	$	1,234,371,035	126063

Section 257.20. COAL RESEARCH OPERATING

126065

The foregoing appropriation item 195402, Coal Research	126066
Operating, shall be used for the operating expenses of the	126067
Community Services Division in support of the Ohio Coal	126068
Development Office.	126069

TRAVEL AND TOURISM

126070

The foregoing appropriation item 195407, Travel and Tourism,	126071
shall be used for marketing the state of Ohio as a tourism	126072
destination and to support administrative expenses and contracts	126073
necessary to market Ohio.	126074

BUSINESS DEVELOPMENT SERVICES

126075

The foregoing appropriation item 195415, Business Development	126076
Services, shall be used for the operating expenses of the Business	126077
Services Division and the regional economic development offices	126078
and for grants for cooperative economic development ventures.	126079

REDEVELOPMENT ASSISTANCE

126080

The foregoing appropriation item 195426, Redevelopment	126081
Assistance, shall be used to fund the costs of administering the	126082
Clean Ohio Revitalization program and other urban revitalization	126083
programs that may be implemented by the Development Services	126084
Agency.	126085

CDBG OPERATING MATCH

126086

The foregoing appropriation item 195497, CDBG Operating	126087
Match, shall be used as matching funds for grants from the United	126088
States Department of Housing and Urban Development pursuant to the	126089
Housing and Community Development Act of 1974 and regulations and	126090
policy guidelines for the programs pursuant thereto.	126091

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

126092

The foregoing appropriation item 195501, Appalachian Local	126093
Development Districts, shall be used to support four local	126094
development districts. Of the foregoing appropriation amount in	126095
each fiscal year, up to $135,000 shall be allocated to the Ohio	126096
Valley Regional Development Commission, up to $135,000 shall be	126097
allocated to the Ohio Mid-Eastern Government Association, up to	126098
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	126099
Regional Development District, and up to $35,000 shall be	126100
allocated to the Eastgate Regional Council of Governments. Local	126101
development districts receiving funding under this section shall	126102
use the funds for the implementation and administration of	126103
programs and duties under section 107.21 of the Revised Code.	126104

TECHNOLOGY PROGRAMS AND GRANTS

126105

Of the foregoing appropriation item 195532, Technology	126106
Programs and Grants, up to $547,341 in each fiscal year shall be	126107
used for operating expenses incurred in administering the Ohio	126108
Third Frontier pursuant to sections 184.10 to 184.20 of the	126109
Revised Code; and up to $13,000,000 in each fiscal year shall be	126110
used for the Thomas Edison Program pursuant to sections 122.28 to	126111
122.38 of the Revised Code, of which not less than $8,700,000	126112
shall be allocated for the Edison Center Network entities defined	126113
in division (C) of section 122.33 of the Revised Code, and not	126114
more than ten per cent shall be used for operating expenses	126115
incurred in administering the program.	126116

BUSINESS ASSISTANCE

126117

The foregoing appropriation item 195533, Business Assistance,	126118
may be used to provide a range of business assistance, including	126119
grants to local organizations to support economic development	126120
activities that promote minority business development, small	126121
business development, entrepreneurship, and exports of Ohio's	126122
goods and services. This appropriation item shall also be used as	126123
matching funds for grants from the United States Small Business	126124
Administration and other federal agencies, pursuant to Public Law	126125
No. 96-302 as amended by Public Law No. 98-395, and regulations	126126
and policy guidelines for the programs pursuant thereto.	126127

APPALACHIA ASSISTANCE

126128

The foregoing appropriation item 195535, Appalachia	126129
Assistance, may be used for the administrative costs of planning	126130
and liaison activities for the Governor's Office of Appalachia, to	126131
provide financial assistance to projects in Ohio's Appalachian	126132
counties, and to pay dues for the Appalachian Regional Commission.	126133
These funds may be used to match federal funds from the	126134
Appalachian Regional Commission.	126135

OHIO-ISRAEL AGRICULTURE INITIATIVE

126136

The foregoing appropriation item 195537, Ohio-Israel	126137
Agricultural Initiative, shall be used for the Ohio-Israel	126138
Agricultural Initiative.	126139

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

126140

The foregoing appropriation line item 195901, Coal Research	126141
and Development General Obligation Debt Service, shall be used to	126142
pay all debt service and related financing costs during the period	126143
July 1, 2013, through June 30, 2015 for obligations issued under	126144
sections 151.01 and 151.07 of the Revised Code.	126145

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	126146
SERVICE	126147

The foregoing appropriation item 195905, Third Frontier	126148
Research & Development General Obligation Debt Service, shall be	126149
used to pay all debt service and related financing costs during	126150
the period from July 1, 2013, through June 30, 2015, on	126151
obligations issued for research and development purposes under	126152
sections 151.01 and 151.10 of the Revised Code.	126153

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

126154

The foregoing appropriation item 195912, Job Ready Site	126155
Development General Obligation Debt Service, shall be used to pay	126156
all debt service and related financing costs during the period	126157
from July 1, 2013, through June 30, 2015, on obligations issued	126158
for job ready site development purposes under sections 151.01 and	126159
151.11 of the Revised Code.	126160

Section 257.30. DEVELOPMENT SERVICES OPERATIONS

126161

The Director of Development Services may assess offices of	126162
the agency for the cost of central service operations. An	126163
assessment shall contain the characteristics of administrative	126164
ease and uniform application. A division's payments shall be	126165
credited to the Supportive Services Fund (Fund 1350) using an	126166
intrastate transfer voucher.	126167

LOCAL GOVERNMENT INNOVATION FUND

126168

On July 1, 2013, or as soon as possible thereafter, the	126169
Director of Budget and Management shall transfer $3,000,000 in	126170
cash from the General Revenue Fund to the Local Government	126171
Innovation Fund (Fund 5KN0). On July 1, 2014, or as soon as	126172
possible thereafter, the Director of Budget and Management shall	126173
transfer $4,000,000 in cash from the General Revenue Fund to the	126174
Local Government Innovation Fund (5KN0).	126175

The foregoing appropriation item 195640, Local Government	126176
Innovation, shall be used for the purposes of making loans and	126177
grants to political subdivisions under the Local Government	126178
Innovation Program in accordance with sections 189.01 to 189.10 of	126179
the Revised Code. Notwithstanding section 189.04 of the Revised	126180
Code, of the foregoing appropriation item 195640, Local Government	126181
Innovation, up to $3,000,000 in fiscal year 2014 and $4,000,000 in	126182
fiscal year 2015 shall be used for grants under the Local	126183
Government Innovation Program established in section 189.02 of the	126184
Revised Code, and up to $175,000 in each fiscal year shall be used	126185
for administrative costs incurred by the Development Services	126186
Agency.	126187

TRAVEL AND TOURISM COOPERATIVE PROJECTS

126188

The foregoing appropriation item 195690, Travel and Tourism	126189
Cooperative Projects, shall consist solely of leveraged private	126190
sector paid advertising dollars received in tourism marketing	126191
assistance and co-op programs. These funds are to be used for the	126192
marketing and promotion of travel and tourism in Ohio.	126193

DEVELOPMENT SERVICES REIMBURSABLE EXPENDITURES

126194

The foregoing appropriation item 195636, Development Services	126195
Reimbursable Expenditures, shall be used for reimbursable costs	126196
incurred by the agency. Revenues to the General Reimbursement Fund	126197
(Fund 6850) shall consist of moneys charged for administrative	126198
costs that are not central service costs.	126199

Section 257.40. WORKFORCE DEVELOPMENT INITIATIVES

126200

Of the foregoing appropriation item 195643, Workforce	126201
Development Initiatives, $500,000 in fiscal year 2014 shall be	126202
used to fund the Heavy Machinery Pilot Program at Central Ohio	126203
Technical College for tuition support and reimbursement to train	126204
approximately 30 students for careers in construction and the oil	126205
and gas industries in Eastern Ohio and statewide.	126206

HEAP WEATHERIZATION

126207

Not less than fifteen per cent of the federal funds deposited	126208
to the credit of the Home Energy Assistance Block Grant Fund (Fund	126209
3K90) shall be expended from appropriation item 195614, HEAP	126210
Weatherization, to provide home weatherization services in the	126211
state as determined by the Director of Development Services. Any	126212
transfers or increases in appropriation for the foregoing	126213
appropriation items 195614, HEAP Weatherization, or 195611, Home	126214
Energy Assistance Block Grant, shall be subject to approval by the	126215
Controlling Board.	126216

Section 257.50. BUSINESS ASSISTANCE PROGRAMS

126217

The foregoing appropriation item 195649, Business Assistance	126218
Programs, shall be used for administrative expenses associated	126219
with the operation of tax credit programs, loan servicing, the	126220
Ohio Film Office, workforce initiatives, and the Office of	126221
Strategic Business Investments, and for payments to the JobsOhio	126222
corporation established in Chapter 187. of the Revised Code for	126223
services provided for the administration of the 166 Direct Loan	126224
Program, Ohio Enterprise Bond Fund, Research and Development Loan	126225
Program, and Innovation Ohio Loan Program.	126226

STATE SPECIAL PROJECTS

126227

The State Special Projects Fund (Fund 4F20), may be used for	126228
the deposit of private-sector funds from utility companies and for	126229
the deposit of other miscellaneous state funds. State moneys so	126230
deposited may also be used to match federal housing grants for the	126231
homeless.	126232

MINORITY BUSINESS ENTERPRISE LOAN

126233

All repayments from the Minority Development Financing	126234
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	126235
Program shall be deposited in the State Treasury to the credit of	126236
the Minority Business Enterprise Loan Fund (Fund 4W10).	126237

MINORITY BUSINESS BONDING FUND

126238

Notwithstanding Chapters 122., 169., and 175. of the Revised	126239
Code, the Director of Development Services may, upon the	126240
recommendation of the Minority Development Financing Advisory	126241
Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal	126242
year 2015 biennium of unclaimed funds administered by the Director	126243
of Commerce and allocated to the Minority Business Bonding Program	126244
under section 169.05 of the Revised Code.	126245

If needed for the payment of losses arising from the Minority	126246
Business Bonding Program, the Director of Budget and Management	126247
may, at the request of the Director of Development Services,	126248
request that the Director of Commerce transfer unclaimed funds	126249
that have been reported by holders of unclaimed funds under	126250
section 169.05 of the Revised Code to the Minority Bonding Fund	126251
(Fund 4490). The transfer of unclaimed funds shall only occur	126252
after proceeds of the initial transfer of $2,700,000 by the	126253
Controlling Board to the Minority Business Bonding Program have	126254
been used for that purpose. If expenditures are required for	126255
payment of losses arising from the Minority Business Bonding	126256
Program, such expenditures shall be made from appropriation item	126257
195658, Minority Business Bonding Contingency in the Minority	126258
Business Bonding Fund, and such amounts are hereby appropriated.	126259

INCUMBENT WORKFORCE TRAINING VOUCHERS

126260

(A) The Director of Budget and Management may transfer up to	126261
$30,000,000 cash in each fiscal year from the Economic Development	126262
Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio	126263
Incumbent Workforce Job Training Fund (Fund 5HR0) used by the	126264
Development Services Agency.	126265

(B) Of the foregoing appropriation item 195526, Incumbent	126266
Workforce Training Vouchers, up to $30,000,000 in each fiscal year	126267
shall be used to support the Ohio Incumbent Workforce Training	126268
Voucher Program.	126269

(C) The Ohio Incumbent Workforce Training Voucher Program	126270
shall conform to guidelines for the operation of the program,	126271
including, but not limited to, the following:	126272

(1) A requirement that a training voucher under the program	126273
shall not exceed $6,000 per worker per year;	126274

(2) A provision for an employer of an eligible employee to	126275
apply for a voucher on behalf of the eligible employee;	126276

(3) A provision for an eligible employee to apply directly	126277
for a training voucher with the pre-approval of the employee's	126278
employer; and	126279

(4) A requirement that an employee participating in the	126280
program, or the employee's employer, shall pay for not less than	126281
thirty-three per cent of the training costs under the program.	126282

On July 1, 2014, or as soon as possible thereafter, the	126283
Director of Development Services may request that the Director of	126284
Budget and Management reappropriate any unexpended, unencumbered	126285
balance of the prior fiscal year's appropriation to the foregoing	126286
appropriation item 195526, Incumbent Workforce Training Vouchers,	126287
for fiscal year 2015. The Director of Budget and Management may	126288
request additional information necessary for evaluating the	126289
request, and the Director of Development Services shall provide	126290
the requested information to the Director of Budget and	126291
Management. Based on the information provided by the Director of	126292
Development Services, the Director of Budget and Management shall	126293
determine the amount to be reappropriated, and those amounts are	126294
hereby reappropriated for fiscal year 2015.	126295

DEFENSE DEVELOPMENT ASSISTANCE

126296

The Director of Budget and Management may transfer up to	126297
$5,000,000 in cash in each fiscal year from the Economic	126298
Development Programs Fund (Fund 5JC0) used by the Board of Regents	126299
to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used	126300
by the Development Services Agency. The transferred funds shall be	126301
used for appropriation item 195622, Defense Development	126302
Assistance, for economic development programs and the creation of	126303
new jobs to leverage and support mission gains at Department of	126304
Defense facilities in Ohio by working with future base realignment	126305
and closure activities and ongoing Department of Defense	126306
efficiency initiatives, assisting efforts to secure Department of	126307
Defense support contracts for Ohio companies, assessing and	126308
supporting regional job training and workforce development needs	126309
generated by the Department of Defense and the Ohio aerospace	126310
industry, and for expanding job training and economic development	126311
programs in human performance related initiatives. A portion of	126312
these funds shall be matched by private industry partners or the	126313
Department of Defense.	126314

On July 1, 2014, or as soon as possible thereafter, the	126315
Director of Development Services may request that the Director of	126316
Budget and Management reappropriate any unexpended, unencumbered	126317
balance of the prior fiscal year's appropriation to the foregoing	126318
appropriation item 195622, Defense Development Assistance, for	126319
fiscal year 2015. The Director of Budget and Management may	126320
request additional information necessary for evaluating the	126321
request, and the Director of Development Services shall provide	126322
the requested information to the Director of Budget and	126323
Management. Based on the information provided by the Director of	126324
Development Services, the Director of Budget and Management shall	126325
determine the amount to be reappropriated, and those amounts are	126326
hereby reappropriated for fiscal year 2015.	126327

ADVANCED ENERGY LOAN PROGRAMS

126328

The foregoing appropriation item 195660, Advanced Energy Loan	126329
Programs, shall be used to provide financial assistance to	126330
customers for eligible advanced energy projects for residential,	126331
commercial, and industrial business, local government, educational	126332
institution, nonprofit, and agriculture customers, and to pay for	126333
the program's administrative costs as provided in sections 4928.61	126334
to 4928.63 of the Revised Code and rules adopted by the Director	126335
of Development Services.	126336

VOLUME CAP ADMINISTRATION

126337

The foregoing appropriation item 195654, Volume Cap	126338
Administration, shall be used for expenses related to the	126339
administration of the Volume Cap Program. Revenues received by the	126340
Volume Cap Administration Fund (Fund 6170) shall consist of	126341
application fees, forfeited deposits, and interest earned from the	126342
custodial account held by the Treasurer of State.	126343

Section 257.60. CAPITAL ACCESS LOAN PROGRAM

126344

The foregoing appropriation item 195628, Capital Access Loan	126345
Program, shall be used for operating, program, and administrative	126346
expenses of the program. Funds of the Capital Access Loan Program	126347
shall be used to assist participating financial institutions in	126348
making program loans to eligible businesses that face barriers in	126349
accessing working capital and obtaining fixed-asset financing.	126350

INNOVATION OHIO LOAN FUND

126351

The foregoing appropriation item 195664, Innovation Ohio,	126352
shall be used to provide for Innovation Ohio purposes, including	126353
loan guarantees and loans under Chapter 166. and particularly	126354
sections 166.12 to 166.16 of the Revised Code.	126355

RESEARCH AND DEVELOPMENT

126356

The foregoing appropriation item 195665, Research and	126357
Development, shall be used to provide for research and development	126358
purposes, including loans, under Chapter 166. and particularly	126359
sections 166.17 to 166.21 of the Revised Code.	126360

FACILITIES ESTABLISHMENT

126361

The foregoing appropriation item 195615, Facilities	126362
Establishment, shall be used for the purposes of the Facilities	126363
Establishment Fund (Fund 7037) under Chapter 166. of the Revised	126364
Code.	126365

Notwithstanding Chapter 166. of the Revised Code, an amount	126366
not to exceed $3,000,000 in cash in each fiscal year may be	126367
transferred from the Facilities Establishment Fund (Fund 7037) to	126368
the Business Assistance Fund (Fund 4510). The transfer is subject	126369
to Controlling Board approval under division (B) of section 166.03	126370
of the Revised Code.	126371

Notwithstanding Chapter 166. of the Revised Code, the	126372
Director of Budget and Management may transfer an amount not to	126373
exceed $1,000,000 in cash in each fiscal year from the Facilities	126374
Establishment Fund (Fund 7037) to the Minority Business Enterprise	126375
Loan Fund (Fund 4W10).	126376

Notwithstanding Chapter 166. of the Revised Code, the	126377
Director of Budget and Management may transfer an amount not to	126378
exceed $2,000,000 in cash in each fiscal year from the Facilities	126379
Establishment Fund (Fund 7037) to the Capital Access Loan Fund	126380
(Fund 5S90).	126381

Section 257.70. CLEAN OHIO OPERATING EXPENSES

126382

The foregoing appropriation item 195663, Clean Ohio Program,	126383
shall be used by the Development Services Agency in administering	126384
Clean Ohio Revitalization Fund (Fund 7003) projects pursuant to	126385
sections 122.65 to 122.658 of the Revised Code.	126386

Section 257.80. THIRD FRONTIER OPERATING

126387

The foregoing appropriation items 195686, Third Frontier	126388
Operating, and 195620, Third Frontier Operating - Tax, shall be	126389
used for operating expenses incurred by the Development Services	126390
Agency in administering projects pursuant to sections 184.10 to	126391
184.20 of the Revised Code. Operating expenses paid from item	126392
195686 shall be limited to the administration of projects funded	126393
from the Third Frontier Research & Development Fund (Fund 7011)	126394
and operating expenses paid from item 195620 shall be limited to	126395
the administration of projects funded from the Third Frontier	126396
Research & Development Taxable Bond Project Fund (Fund 7014).	126397

THIRD FRONTIER RESEARCH AND DEVELOPMENT PROJECTS AND RESEARCH	126398
AND DEVELOPMENT TAXABLE BOND PROJECTS	126399

The foregoing appropriation items 195687, Third Frontier	126400
Research & Development Projects, 195692, Research & Development	126401
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	126402
shall be used by the Development Services Agency to fund selected	126403
projects. Eligible costs are those costs of research and	126404
development projects to which the proceeds of the Third Frontier	126405
Research & Development Fund (Fund 7011) and the Research &	126406
Development Taxable Bond Project Fund (Fund 7014) are to be	126407
applied.	126408

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

126409

The Director of Budget and Management may approve written	126410
requests from the Director of Development Services for the	126411
transfer of appropriations between appropriation items 195687,	126412
Third Frontier Research & Development Projects, and 195692,	126413
Research & Development Taxable Bond Projects, based upon awards	126414
recommended by the Third Frontier Commission. The transfers are	126415
subject to approval by the Controlling Board.	126416

In fiscal year 2015, the Director of Development Services may	126417
request that the Director of Budget and Management reappropriate	126418
any unexpended, unencumbered balances of the prior fiscal year's	126419
appropriation to the foregoing appropriation items 195687, Third	126420
Frontier Research & Development Projects, and 195692, Research &	126421
Development Taxable Bond Projects, for fiscal year 2015. The	126422
Director of Budget and Management may request additional	126423
information necessary for evaluating these requests, and the	126424
Director of Development Services shall provide the requested	126425
information to the Director of Budget and Management. Based on the	126426
information provided by the Director of Development Services, the	126427
Director of Budget and Management shall determine the amounts to	126428
be reappropriated, and those amounts are hereby reappropriated for	126429
fiscal year 2015.	126430

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

126431

The Ohio Public Facilities Commission is hereby authorized to	126432
issue and sell, in accordance with Section 2p of Article VIII,	126433
Ohio Constitution, and particularly sections 151.01 and 151.10 of	126434
the Revised Code, original obligations of the State of Ohio in an	126435
aggregate amount not to exceed $350,000,000 in addition to the	126436
original issuance of obligations authorized by prior acts of the	126437
General Assembly. The authorized obligations shall be issued and	126438
sold from time to time and in amounts necessary to ensure	126439
sufficient moneys to the credit of the Third Frontier Research and	126440
Development Fund (Fund 7011) and the Third Frontier Research and	126441
Development Taxable Bond Fund (Fund 7014) to pay costs of research	126442
and development projects.	126443

Section 257.90. JOB READY SITE PROGRAM

126444

The foregoing appropriation item 195688, Job Ready Site	126445
Development, shall be used for operating expenses incurred by the	126446
Development Services Agency in administering Job Ready Site	126447
Development Fund (Fund 7012) projects pursuant to sections 122.085	126448
to 122.0820 of the Revised Code. Operating expenses include, but	126449
are not limited to, certain qualified expenses of the District	126450
Public Works Integrating Committees, as applicable, engineering	126451
review of submitted applications by the State Architect or a	126452
third-party engineering firm, audit and accountability activities,	126453
and costs associated with formal certifications verifying that	126454
site infrastructure is in place and is functional.	126455

Section 257.110. (A) ASSORTED TRANSFERS FOR RESTRUCTURING

126456

On July 1, 2013, or as soon as possible thereafter, the	126457
Director of Budget and Management may transfer up to the cash	126458
balances in the Tax Incentive Program Operating Fund (Fund 4S00)	126459
and the Tax Credit Operating Fund (Fund 4S10) to the Business	126460
Assistance Fund (Fund 4510).	126461

On July 1, 2013, or as soon as possible thereafter, the	126462
Director of Budget and Management may transfer up to the cash	126463
balances in the Family Farm Loan Fund (Fund 5H10) and the First	126464
Frontier Fund (Fund 4H40) to the Facility Establishment Fund (Fund	126465
7037).	126466

On July 1, 2013, or as soon as possible thereafter, the	126467
Director of Budget and Management may transfer up to the cash	126468
balance in the Brownfield Stormwater Loan Fund (Fund 5KD0) to the	126469
New Markets Tax Credit Program Fund (Fund 5JR0).	126470

On July 1, 2013, or as soon as possible thereafter, the	126471
Director of Budget and Management may transfer up to the cash	126472
balances in the Water and Sewer Fund (Fund 4440) and the Water and	126473
Sewer Administrative Fund (Fund 6110) to the General	126474
Reimbursements Fund (Fund 6850).	126475

On July 1, 2013, or as soon as possible thereafter, the	126476
Director of Budget and Management may transfer up to the cash	126477
balance in the Local Government Services Collaboration Grant Fund	126478
(Fund 7088) to the Local Government Innovation Fund (Fund 5KN0).	126479

(B) ABOLISHMENT OF FUNDS

126480

On July 1, 2013, or as soon as possible thereafter, upon	126481
completion of a transfer of the cash balance in a fund as	126482
described in division (A) of this section by the Director of	126483
Budget and Management, notwithstanding the establishment authority	126484
of the fund, the fund is hereby abolished.	126485

On July 1, 2013, or as soon as possible thereafter, the	126486
Director of Budget and Management shall transfer the cash balance	126487
in the Exempt Facility Inspection Fund (Fund 5X10) to the Advanced	126488
Energy Fund (Fund 5M50). After completion of the transfer and on	126489
the effective date of its repeal by this act, Fund 5X10 shall be	126490
abolished.	126491

On July 1, 2013, or as soon as possible thereafter, the	126492
Director of Budget and Management shall transfer the cash balance	126493
in the Rapid Outreach Loan Fund (Fund 7022) to the Facilities	126494
Establishment Fund (Fund 7037). After completion of the transfer	126495
and on the effective date of its repeal by this act, Fund 7022	126496
shall be abolished.	126497

The following funds, which, like Funds 5HJ0, 5X10, and 7022,	126498
were created in the Revised Code, are determined to be dormant and	126499
shall be abolished on the effective date of their repeal by this	126500
act: Diesel Emissions Grant Fund (Fund 3BD0), Shovel Ready Sites	126501
Fund (Fund 5CA0), Energy Projects Fund (Fund 5DU0), Business	126502
Development and Assistance Fund (Fund 5LK0), Clean Ohio	126503
Revitalization Revolving Loan Fund (Fund 7007), and Logistics &	126504
Distribution Infrastructure Taxable Bond Fund (Fund 7048).	126505

126506

On July 1, 2013, or as soon as possible thereafter, the	126507
Director of Budget and Management may determine whether the	126508
following funds are dormant. If the Director of Budget and	126509
Management determines a fund to be dormant, notwithstanding the	126510
establishment authority of the fund, the fund is hereby abolished.	126511
The funds are:	126512

Fund Number	Fund Name	126513
1360	International Trade	126514
3800	Ohio Housing Agency	126515
3BJ0	TANF Heating Assistance	126516
3X30	TANF Housing	126517
4450	OHFA Administration	126518
4480	Ohio Coal Development	126519
4D00	Public & Private Assistance	126520
5CV0	Defense Conversion Assistance	126521
5D10	Port Authority Bond Reserves	126522
5D20	Urban Redevelopment Loan	126523
5F70	Local Government Y2K Loan Program	126524
5X50	Family Homelessness Prevention Pilot	126525
5Y60	Economic Development Contingency	126526
5Z30	Jobs	126527
QA70	Electric Revenue Development	126528

Section 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

126529

General Revenue Fund	126530

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	126531
GRF	320415	Lease-Rental Payments	$	15,843,300	$	16,076,700	126532
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	126533
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	126534
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	126535
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	126536
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	126537
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	126538
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	126539
GRF	653407	Medicaid Services	$	430,056,111	$	435,574,237	126540
TOTAL GRF General Revenue Fund			$	524,186,339	$	529,937,865	126541

General Services Fund Group	126542

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		126543
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		126544

Federal Special Revenue Fund Group	126545

3A50	320613	DD Council	$	3,297,656	$	3,324,187	126546
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	126547
3A40	653604	DC & ICF/MR Program Support	$	8,013,611	$	8,013,611	126548
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	126549
3A40	653653	ICF/MR	$	354,712,840	$	353,895,717	126550
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,022,485,423	126551
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	126552
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	126553
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,597,043,271	126554

State Special Revenue Fund Group	126555

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	126556
2210	322620	Supplement Service Trust	$	150,000	$	150,000	126557
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	126558
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	126559
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	126560
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	126561
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	126562
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	126563
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	126564
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	126565
5GE0	653606	ICF/MR and Waiver Match	$	40,353,139	$	39,106,638	126566
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	126567
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	126568
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	126569
TOTAL ALL BUDGET FUND GROUPS			$	2,530,404,582	$	2,689,878,711	126570

Section 259.20. LEASE-RENTAL PAYMENTS

126572

The foregoing appropriation item 320415, Lease-Rental	126573
Payments, shall be used to meet all payments at the times they are	126574
required to be made during the period from July 1, 2013, through	126575
June 30, 2015, by the Department of Developmental Disabilities	126576
under leases and agreements made under section 154.20 of the	126577
Revised Code. These appropriations are the source of funds pledged	126578
for bond service charges on related obligations issued under	126579
Chapter 154. of the Revised Code.	126580

Section 259.30. SCREENING AND EARLY INTERVENTION

126581

The foregoing appropriation item 322420, Screening and Early	126582
Intervention, shall be used for screening and early intervention	126583
programs for children with autism selected by the Director of	126584
Developmental Disabilities.	126585

Section 259.40. FAMILY SUPPORT SERVICES SUBSIDY

126586

The foregoing appropriation item 322451, Family Support	126587
Services, may be used as follows in fiscal year 2014 and fiscal	126588
year 2015:	126589

(A) The appropriation item may be used to provide a subsidy	126590
to county boards of developmental disabilities for family support	126591
services provided under section 5126.11 of the Revised Code. The	126592
subsidy shall be paid in quarterly installments and allocated to	126593
county boards according to a formula the Director of Developmental	126594
Disabilities shall develop in consultation with representatives of	126595
county boards. A county board shall use not more than seven per	126596
cent of its subsidy for administrative costs.	126597

(B) The appropriation item may be used to distribute funds to	126598
county boards for the purpose of addressing economic hardships and	126599
to promote efficiency of operations. In consultation with	126600
representatives of county boards, the Director shall determine the	126601
amount of funds to distribute for these purposes and the criteria	126602
for distributing the funds.	126603

Section 259.50. STATE SUBSIDY TO COUNTY DD BOARDS

126604

(A) Except as provided in the section of this act titled	126605
"NONFEDERAL SHARE OF ICF/MR SERVICES," the foregoing appropriation	126606
item 322501, County Boards Subsidies, shall be used for the	126607
following purposes:	126608

(1) To provide a subsidy to county boards of developmental	126609
disabilities in quarterly installments and allocated according to	126610
a formula developed by the Director of Developmental Disabilities	126611
in consultation with representatives of county boards. Except as	126612
provided in section 5126.0511 of the Revised Code or in division	126613
(B) of this section, county boards shall use the subsidy for early	126614
childhood services and adult services provided under section	126615
5126.05 of the Revised Code, service and support administration	126616
provided under section 5126.15 of the Revised Code, or supported	126617
living as defined in section 5126.01 of the Revised Code.	126618

(2) To provide funding, as determined necessary by the	126619
Director, for residential services, including room and board, and	126620
support service programs that enable individuals with	126621
developmental disabilities to live in the community.	126622

(3) To distribute funds to county boards of developmental	126623
disabilities to address economic hardships and promote efficiency	126624
of operations. The Director shall determine, in consultation with	126625
representatives of county boards, the amount of funds to	126626
distribute for these purposes and the criteria for distributing	126627
the funds.	126628

(B) In collaboration with the county's family and children	126629
first council, a county board of developmental disabilities may	126630
transfer portions of funds received under this section, to a	126631
flexible funding pool in accordance with the section of this act	126632
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	126633

Section 259.60. COUNTY BOARD SHARE OF WAIVER SERVICES

126634

As used in this section, "home and community-based services"	126635
has the same meaning as in section 5123.01 of the Revised Code.	126636

The Director of Developmental Disabilities shall establish a	126637
methodology to be used in fiscal year 2014 and fiscal year 2015 to	126638
estimate the quarterly amount each county board of developmental	126639
disabilities is to pay of the nonfederal share of home and	126640
community-based services that section 5126.0510 of the Revised	126641
Code requires county boards to pay. Each quarter, the Director	126642
shall submit to a county board written notice of the amount the	126643
county board is to pay for that quarter. The notice shall specify	126644
when the payment is due.	126645

Section 259.70. TAX EQUITY

126646

Notwithstanding section 5126.18 of the Revised Code, the	126647
foregoing appropriation item 322503, Tax Equity, may be used to	126648
distribute funds to county boards of developmental disabilities to	126649
address economic hardships and promote efficiency of operations.	126650
The Director of Developmental Disabilities shall determine, in	126651
consultation with representatives of county boards, the amount of	126652
funds to distribute for these purposes and the criteria for	126653
distributing the funds.	126654

Section 259.80. MEDICAID SERVICES

126655

Except as provided in section 5123.0416 of the Revised Code,	126656
the purposes for which the foregoing appropriation item 653407,	126657
Medicaid Services, shall be used include the following:	126658

(A) Home and community-based services, as defined in section	126659
5123.01 of the Revised Code;	126660

(B) Implementation of the requirements of the agreement	126661
settling the consent decree in Sermak v. Manuel, Case No.	126662
C-2-80-220, United States District Court for the Southern District	126663
of Ohio, Eastern Division;	126664

(C) Implementation of the requirements of the agreement	126665
settling the consent decree in the Martin v. Strickland, Case No.	126666
89-CV-00362, United States District Court for the Southern	126667
District of Ohio, Eastern Division;	126668

(D) ICF/MR services, as defined in section 5124.01 of the	126669
Revised Code;	126670

(E) Other programs as identified by the Director of	126671
Developmental Disabilities.	126672

Section 259.90. EMPLOYMENT FIRST PILOT PROGRAM

126673

The foregoing appropriation item 322508, Employment First	126674
Pilot Program, shall be used to increase employment opportunities	126675
for individuals with developmental disabilities through the	126676
Employment First Initiative in accordance with section 5123.022 of	126677
the Revised Code.	126678

Of the foregoing appropriation item, 322508, Employment First	126679
Pilot Program, the Director of Developmental Disabilities shall	126680
transfer, in each fiscal year, to the Rehabilitation Services	126681
Commission an amount agreed upon by the Director of Developmental	126682
Disabilities and the Administrator of the Rehabilitation Services	126683
Commission. The transfer shall be made via an intrastate transfer	126684
voucher. The transferred funds shall be used to support the	126685
Employment First Pilot Program. The Rehabilitation Services	126686
Commission shall use the funds transferred as state matching funds	126687
to obtain available federal grant dollars for vocational	126688
rehabilitation services. Any federal match dollars received by the	126689
Rehabilitation Services Commission shall be used for the pilot	126690
program. The Director of Developmental Disabilities and the	126691
Administrator of the Rehabilitation Services Commission shall	126692
enter into an interagency agreement in accordance with section	126693
3304.181 of the Revised Code that will specify the	126694
responsibilities of each agency under the pilot program. Under the	126695
interagency agreement, the Rehabilitation Services Commission	126696
shall retain responsibility for eligibility determination, order	126697
of selection, plan approval, plan amendment, and release of vendor	126698
payments.	126699

The remainder of appropriation item 322508, Employment First	126700
Pilot Program, shall be used to develop a long term, sustainable	126701
system that places individuals with developmental disabilities in	126702
community employment, as defined in section 5126.01 of the Revised	126703
Code.	126704

Section 259.100. EMPLOYMENT FIRST TASKFORCE FUND

126705

If an employment first task force is established by the	126706
Director of Developmental Disabilities in accordance with section	126707
5123.023 of the Revised Code, the Director of Budget and	126708
Management shall establish an appropriation item from the	126709
Employment First Taskforce Fund for use by the Department of	126710
Developmental Disabilities to support the work of the task force.	126711
In fiscal year 2014 and fiscal year 2015, if an employment first	126712
task force is established, the Director of Developmental	126713
Disabilities shall certify to the Director of Budget and	126714
Management the appropriation amounts necessary for the Department	126715
of Developmental Disabilities to fulfill its obligation to support	126716
the work of the task force. Once the certification required under	126717
this section has been submitted and approved by the Director of	126718
Budget and Management, the appropriations established under this	126719
section are hereby appropriated in the amounts approved by the	126720
Director of Budget and Management.	126721

Section 259.110. TRANSFER TO OPERATING AND SERVICES FUND

126722

On July 1, 2013, or as soon as possible thereafter, the	126723
Director of Developmental Disabilities shall request the Director	126724
of Budget and Management to transfer the cash balance in the Home	126725
and Community-Based Services Fund (Fund 4K80) to the Operating and	126726
Services Fund (Fund 5GE0). Upon completion of the transfer, Fund	126727
4K80 is hereby abolished. The Director of Budget and Management	126728
shall cancel any existing encumbrances against appropriation item	126729
322604, Medicaid Waiver – State Match, and reestablish them	126730
against appropriation item 653606, ICF/MR and Waiver Match. The	126731
reestablished encumbrance amounts are hereby appropriated.	126732

Section 259.120. OPERATING AND SERVICES

126733

Of the foregoing appropriation item 320606, Operating and	126734
Services, $100,000 in each fiscal year shall be provided to the	126735
Ohio Center for Autism and Low Incidence to establish a lifespan	126736
autism hub to support families and professionals.	126737

Section 259.130. TARGETED CASE MANAGEMENT SERVICES

126738

County boards of developmental disabilities shall pay the	126739
nonfederal portion of targeted case management costs to the	126740
Department of Developmental Disabilities.	126741

The Director of Developmental Disabilities and the Medicaid	126742
Director may enter into an interagency agreement under which the	126743
Department of Developmental Disabilities shall transfer cash from	126744
the Targeted Case Management Fund (Fund 5DJ0) to the Health	126745
Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used by the	126746
Department of Medicaid in an amount equal to the nonfederal	126747
portion of the cost of targeted case management services paid by	126748
county boards. Under the agreement, the Department of Medicaid	126749
shall pay the total cost of targeted case management claims. The	126750
transfer shall be made using an intrastate transfer voucher.	126751

Section 259.140. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

126752

If a county board of developmental disabilities does not	126753
fully pay any amount owed to the Department of Developmental	126754
Disabilities by the due date established by the Department, the	126755
Director of Developmental Disabilities may withhold the amount the	126756
county board did not pay from any amounts due to the county board.	126757
The Director may use any appropriation item or fund used by the	126758
Department to transfer cash to any other fund used by the	126759
Department in an amount equal to the amount owed the Department	126760
that the county board did not pay. Transfers under this section	126761
shall be made using an intrastate transfer voucher.	126762

Section 259.150. DEVELOPMENTAL CENTER BILLING FOR SERVICES

126763

Developmental centers of the Department of Developmental	126764
Disabilities may provide services to persons with mental	126765
retardation or developmental disabilities living in the community	126766
or to providers of services to these persons. The Department may	126767
develop a method for recovery of all costs associated with the	126768
provision of these services.	126769

Section 259.160. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	126770
PHARMACY PROGRAMS	126771

The Director of Developmental Disabilities shall quarterly	126772
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	126773
Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used	126774
by the Department of Medicaid, in an amount equal to the	126775
nonfederal share of Medicaid prescription drug claim costs for all	126776
developmental centers paid by the Department of Medicaid. The	126777
quarterly transfer shall be made using an intrastate transfer	126778
voucher.	126779

Section 259.170. NONFEDERAL MATCH FOR ACTIVE TREATMENT	126780
SERVICES	126781

Any county funds received by the Department of Developmental	126782
Disabilities from county boards of developmental disabilities for	126783
active treatment shall be deposited in the Developmental	126784
Disabilities Operating Fund (Fund 4890).	126785

Section 259.180. ODODD INNOVATIVE PILOT PROJECTS

126786

(A) In fiscal year 2014 and fiscal year 2015, the Director of	126787
Developmental Disabilities may authorize the continuation or	126788
implementation of one or more innovative pilot projects that, in	126789
the judgment of the Director, are likely to assist in promoting	126790
the objectives of Chapter 5123. or 5126. of the Revised Code.	126791
Subject to division (B) of this section and notwithstanding any	126792
provision of Chapters 5123. and 5126. of the Revised Code and any	126793
rule adopted under either chapter, a pilot project authorized by	126794
the Director may be continued or implemented in a manner	126795
inconsistent with one or more provisions of either chapter or one	126796
or more rules adopted under either chapter. Before authorizing a	126797
pilot program, the Director shall consult with entities interested	126798
in the issue of developmental disabilities, including the Ohio	126799
Provider Resource Association, Ohio Association of County Boards	126800
of Developmental Disabilities, Ohio Health Care Association/Ohio	126801
Centers for Intellectual Disabilities, and ARC of Ohio.	126802

(B) The Director may not authorize a pilot project to be	126803
implemented in a manner that would cause the state to be out of	126804
compliance with any requirements for a program funded in whole or	126805
in part with federal funds.	126806

Section 259.190. DEPARTMENT OF DEVELOPMENTAL DISABILITIES'	126807
APPROPRIATION ITEM STRUCTURE	126808

Upon request from the Director of Developmental Disabilities,	126809
the Director of Budget and Management may establish new funds, new	126810
appropriation items, and appropriations in order to support the	126811
transition to a new appropriation item structure in the Department	126812
of Developmental Disabilities' budget. Also, upon request of the	126813
Director of Developmental Disabilities, the Director of Budget and	126814
Management may transfer appropriations between GRF appropriation	126815
items, transfer cash between any funds used by the Department of	126816
Developmental Disabilities, abolish existing funds used by the	126817
Department of Developmental Disabilities, and cancel and	126818
reestablish encumbrances. Any establishment of new funds or	126819
appropriation items, any transfers of appropriations or cash, and	126820
any increases in appropriation under this section are subject to	126821
Controlling Board approval.	126822

Section 259.200. FISCAL YEAR 2014 MEDICAID PAYMENT RATES FOR	126823
ICFs/MR	126824

(A) As used in this section:

126825

"Capped per diem rate" means the per Medicaid day payment	126826
rate calculated for an ICF/MR under division (D) of this section.	126827

"Change of operator," "entering operator," "exiting	126828
operator," "ICF/MR," "ICF/MR services," "Medicaid days,"	126829
"provider," and "provider agreement" have the same meanings as in	126830
section 5124.01 of the Revised Code.	126831

"Franchise permit fee" means the fee imposed by sections	126832
5168.60 to 5168.71 of the Revised Code.	126833

"Modified per diem rate" means the per Medicaid day payment	126834
rate calculated for an ICF/MR under division (C) of this section.	126835

"Unmodified per diem rate" means the per Medicaid day payment	126836
rate calculated for an ICF/MR under Chapter 5124. of the Revised	126837
Code.	126838

(B) This section applies to each ICF/MR provider to which	126839
either of the following applies:	126840

(1) The provider has a valid Medicaid provider agreement for	126841
the ICF/MR on June 30, 2013, and a valid Medicaid provider	126842
agreement for the ICF/MR during fiscal year 2014.	126843

(2) The ICF/MR undergoes a change of operator that takes	126844
effect during fiscal year 2014, the exiting operator has a valid	126845
Medicaid provider agreement for the ICF/MR on the day immediately	126846
preceding the effective date of the change of operator, and the	126847
entering operator has a valid Medicaid provider agreement for the	126848
ICF/MR during fiscal year 2014.	126849

(C) An ICF/MR's total modified per diem rate for fiscal year	126850
2014 shall be the ICF/MR's total unmodified per diem rate for that	126851
fiscal year with the following modifications:	126852

(1) In place of the inflation adjustment otherwise made under	126853
section 5124.23 of the Revised Code, the ICF/MR's desk-reviewed,	126854
actual, allowable, per diem other protected costs, excluding the	126855
franchise permit fee, from calendar year 2012 shall be multiplied	126856
by 1.0123.	126857

(2) In place of the maximum cost per case-mix unit	126858
established for the ICF/MR's peer group under division (C) of	126859
section 5124.23 of the Revised Code, the ICF/MR's maximum costs	126860
per case-mix unit shall be the following:	126861

(a) In the case of an ICF/MR with more than eight beds,	126862
$108.21;	126863

(b) In the case of an ICF/MR with eight or fewer beds,	126864
$102.21.	126865

(3) In place of the inflation adjustment otherwise calculated	126866
under division (D) of section 5124.19 of the Revised Code for the	126867
purpose of division (A)(1)(b) of that section, an inflation	126868
adjustment of 1.0123 shall be used.	126869

(4) In place of the maximum rate for indirect care costs	126870
established for the ICF/MR's peer group under division (C) of	126871
section 5124.21 of the Revised Code, the maximum rate for indirect	126872
care costs for the ICF/MR's peer group shall be the following:	126873

(a) In the case of an ICF/MR with more than eight beds,	126874
$68.98;	126875

(b) In the case of an ICF/MR with eight or fewer beds,	126876
$59.60.	126877

(5) In place of the inflation adjustment otherwise calculated	126878
under division (D)(1) of section 5124.21 of the Revised Code for	126879
the purpose of division (B)(1) of that section only, an inflation	126880
adjustment of 1.0123 shall be used.	126881

(6) In place of the efficiency incentive otherwise calculated	126882
under division (B)(2) of section 5124.21 of the Revised Code, the	126883
ICF/MR's efficiency incentive for indirect care costs shall be the	126884
following:	126885

(a) In the case of an ICF/MR with more than eight beds,	126886
$3.69;	126887

(b) In the case of an ICF/MR with eight or fewer beds, $3.19.

126888

(7) The ICF/MR's efficiency incentive for capital costs, as	126889
determined under division (E) of section 5124.17 of the Revised	126890
Code, shall be reduced by 50%.	126891

(D) An ICF/MR's total capped per diem rate for fiscal year	126892
2014 shall be the ICF/MR's total unmodified per diem rate for that	126893
fiscal year reduced by the percentage by which the mean total	126894
unmodified per diem rates for all ICFs/MR in this state for fiscal	126895
year 2014, weighted by May 2013 Medicaid days and calculated as of	126896
July 1, 2013, exceeds $282.84.	126897

(E) Except as otherwise provided by this section, an ICF/MR	126898
provider to which this section applies shall be paid, for ICF/MR	126899
services the ICF/MR provides during fiscal year 2014, a total per	126900
diem rate determined as follows:	126901

(1) Add the ICF/MR's total modified per diem rate to the	126902
ICF/MR's total capped per diem rate;	126903

(2) Divide the amount determined under division (E)(1) of	126904
this section by two.	126905

(F) If the mean total per diem rate for all ICFs/MR to which	126906
this section applies, weighted by May 2013 Medicaid days and	126907
determined under division (E) of this section as of July 1, 2013,	126908
is other than $282.84, the Department of Developmental	126909
Disabilities shall adjust, for fiscal year 2014, the total per	126910
diem rate for each ICF/MR to which this section applies by a	126911
percentage that is equal to the percentage by which the mean total	126912
per diem rate is greater or less than $282.84.	126913

(G) If the United States Centers for Medicare and Medicaid	126914
Services requires that the franchise permit fee be reduced or	126915
eliminated, the Department of Developmental Disabilities shall	126916
reduce the amount it pays ICF/MR providers under this section as	126917
necessary to reflect the loss to the state of the revenue and	126918
federal financial participation generated from the franchise	126919
permit fee.	126920

(H) The Department of Developmental Disabilities shall follow	126921
this section in determining the rate to be paid ICF/MR providers	126922
subject to this section notwithstanding anything to the contrary	126923
in Chapter 5124. of the Revised Code.	126924

Of the foregoing appropriation items 653407, Medicaid	126925
Services, 653606, ICF/MR and Waiver Match, and 653653, ICF/MR,	126926
portions shall be used to pay the Medicaid payment rates	126927
determined in accordance with this section for ICF/MR services	126928
provided during fiscal year 2014.	126929

Section 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	126930
ICFs/MR	126931

(A) As used in this section:

126932

"Capped per diem rate" means the per Medicaid day payment	126933
rate calculated for an ICF/MR under division (D) of this section.	126934

"Change of operator," "entering operator," "exiting	126935
operator," "ICF/MR," "ICF/MR services," "Medicaid days,"	126936
"provider," and "provider agreement" have the same meanings as in	126937
section 5124.01 of the Revised Code.	126938

"Franchise permit fee" means the fee imposed by sections	126939
5168.60 to 5168.71 of the Revised Code.	126940

"Modified per diem rate" means the per Medicaid day payment	126941
rate calculated for an ICF/MR under division (C) of this section.	126942

"Unmodified per diem rate" means the per Medicaid day payment	126943
rate calculated for an ICF/MR under Chapter 5124. of the Revised	126944
Code.	126945

(B) This section applies to each ICF/MR provider to which	126946
either of the following applies:	126947

(1) The provider has a valid Medicaid provider agreement for	126948
the ICF/MR on June 30, 2014, and a valid Medicaid provider	126949
agreement for the ICF/MR during fiscal year 2015.	126950

(2) The ICF/MR undergoes a change of operator that takes	126951
effect during fiscal year 2015, the exiting operator has a valid	126952
Medicaid provider agreement for the ICF/MR on the day immediately	126953
preceding the effective date of the change of operator, and the	126954
entering operator has a valid Medicaid provider agreement for the	126955
ICF/MR during fiscal year 2015.	126956

(C) An ICF/MR's total modified per diem rate for fiscal year	126957
2015 shall be the ICF/MR's total unmodified per diem rate for that	126958
fiscal year with the following modifications:	126959

(1) In place of the inflation adjustment otherwise made under	126960
section 5124.23 of the Revised Code, the ICF/MR's desk-reviewed,	126961
actual, allowable, per diem other protected costs, excluding the	126962
franchise permit fee, from calendar year 2013 shall be multiplied	126963
by 1.0123.	126964

(2) In place of the maximum cost per case-mix unit	126965
established for the ICF/MR's peer group under division (C) of	126966
section 5124.19 of the Revised Code, the ICF/MR's maximum costs	126967
per case-mix unit shall be the following:	126968

(a) In the case of an ICF/MR with more than eight beds,	126969
$108.21;	126970

(b) In the case of an ICF/MR with eight or fewer beds,	126971
$102.21.	126972

(3) In place of the inflation adjustment otherwise calculated	126973
under division (D) of section 5124.19 of the Revised Code for the	126974
purpose of division (A)(1)(b) of that section, an inflation	126975
adjustment of 1.0123 shall be used.	126976

(4) In place of the maximum rate for indirect care costs	126977
established for the ICF/MR's peer group under division (C) of	126978
section 5124.21 of the Revised Code, the maximum rate for indirect	126979
care costs for the ICF/MR's peer group shall be the following:	126980

(a) In the case of an ICF/MR with more than eight beds,	126981
$68.98;	126982

(b) In the case of an ICF/MR with eight or fewer beds,	126983
$59.60.	126984

(5) In place of the inflation adjustment otherwise calculated	126985
under divisions (D)(1) and (2) of section 5124.21 of the Revised	126986
Code for the purpose of division (B)(1) of that section only, an	126987
inflation adjustment of 1.0123 shall be used.	126988

(6) In place of the efficiency incentive otherwise calculated	126989
under division (B)(2) of section 5124.21 of the Revised Code, the	126990
ICF/MR's efficiency incentive for indirect care costs shall be the	126991
following:	126992

(a) In the case of an ICF/MR with more than eight beds,	126993
$3.69;	126994

(b) In the case of an ICF/MR with eight or fewer beds, $3.19.

126995

(7) The ICF/MR's efficiency incentive for capital costs, as	126996
determined under division (E) of section 5124.17 of the Revised	126997
Code, shall be reduced by 50%.	126998

(D) An ICF/MR's total capped per diem rate for fiscal year	126999
2015 shall be the ICF/MR's total unmodified per diem rate for that	127000
fiscal year reduced by the percentage by which the mean total	127001
unmodified per diem rates for all ICFs/MR in this state for fiscal	127002
year 2015, weighted by May 2014 Medicaid days and calculated as of	127003
July 1, 2014, exceeds $282.77.	127004

(E) Except as otherwise provided by this section, an ICF/MR	127005
provider to which this section applies shall be paid, for ICF/MR	127006
services the ICF/MR provides during fiscal year 2015, a total per	127007
diem rate determined as follows:	127008

(1) Add the ICF/MR's total modified per diem rate to the	127009
ICF/MR's total capped per diem rate;	127010

(2) Divide the amount determined under division (E)(1) of	127011
this section by two.	127012

(F) If the mean total per diem rate for all ICFs/MR to which	127013
this section applies, weighted by May 2014 Medicaid days and	127014
determined under division (E) of this section as of July 1, 2014,	127015
is other than $282.77, the Department of Developmental	127016
Disabilities shall adjust, for fiscal year 2015, the total per	127017
diem rate for each ICF/MR to which this section applies by a	127018
percentage that is equal to the percentage by which the mean total	127019
per diem rate is greater or less than $282.77.	127020

(G) If the United States Centers for Medicare and Medicaid	127021
Services requires that the franchise permit fee be reduced or	127022
eliminated, the Department of Developmental Disabilities shall	127023
reduce the amount it pays ICF/MR providers under this section as	127024
necessary to reflect the loss to the state of the revenue and	127025
federal financial participation generated from the franchise	127026
permit fee.	127027

(H) The Department of Developmental Disabilities shall follow	127028
this section in determining the rate to be paid ICF/MR providers	127029
subject to this section notwithstanding anything to the contrary	127030
in Chapter 5124. of the Revised Code.	127031

Of the foregoing appropriation items 653407, Medicaid	127032
Services, 653606, ICF/MR and Waiver Match, and 653653, ICF/MR,	127033
portions shall be used to pay the Medicaid payment rates	127034
determined in accordance with this section for ICF/MR services	127035
provided during fiscal year 2015.	127036

Section 259.220. TRANSFER OF FUNDS FOR OUTLIER SERVICES	127037
PROVIDED TO PEDIATRIC VENTILATOR-DEPENDENT ICF/MR RESIDENTS	127038

As used in this section, "ICF/MR" and "ICF/MR services" have	127039
the same meanings as in section 5124.01 of the Revised Code.	127040

Each quarter during fiscal year 2015, the Director of	127041
Developmental Disabilities shall certify to the Director of Budget	127042
and Management the amount needed to pay the nonfederal share of	127043
the costs of the Medicaid rate add-on paid to ICFs/MR pursuant to	127044
section 5124.25 of the Revised Code for providing outlier ICF/MR	127045
services to residents who qualify for the services and are	127046
transferred to ICFs/MR from hospitals at which they receive	127047
ventilator services at the time of their transfer to the ICFs/MR.	127048

On receipt of a certification, the Director of Budget and	127049
Management shall transfer appropriations equaling the certified	127050
amount from appropriation item 651525, Medicaid/Health Care	127051
Services, to appropriation item 653407, Medicaid Services, and, in	127052
addition, shall reduce the appropriation in 651525,	127053
Medicaid/Health Care Services, by the corresponding federal share.	127054

If receipts credited to the Developmental Center and	127055
Residential Facility Services and Support Fund (Fund 3A40), used	127056
by the Department of Developmental Disabilities, exceed the	127057
amounts appropriated in appropriation item 653653, ICF/MR, the	127058
Director of Developmental Disabilities may request the Director of	127059
Budget and Management to authorize expenditures from the fund in	127060
excess of the amounts appropriated. Upon approval of the Director	127061
of Budget and Management, the additional amounts are hereby	127062
appropriated.	127063

Section 259.230. ICF/MR MEDICAID RATE WORKGROUP

127064

As used in this section, "ICF/MR," "ICF/MR services," and	127065
"Medicaid-certified capacity" have the same meanings as in section	127066
5124.01 of the Revised Code.	127067

For the purpose of assisting the Department of Developmental	127068
Disabilities during fiscal year 2014 and fiscal year 2015 with an	127069
evaluation of revisions to the formula used to determine Medicaid	127070
payment rates for ICF/MR services, the Department shall retain the	127071
workgroup that was created to assist with the study required by	127072
Section 309.30.80 of Am. Sub. H.B. 153 of the 129th General	127073
Assembly. In conducting the evaluation, the Department and	127074
workgroup shall do both of the following:	127075

(A) Focus primarily on the service needs of individuals with	127076
complex challenges that ICFs/MR are able to meet;	127077

(B) Pursue the goal of reducing the Medicaid-certified	127078
capacity of individual ICFs/MR and the total number of ICF/MR beds	127079
in the state for the purpose of increasing the service choices and	127080
community integration of individuals eligible for ICF/MR services.	127081

Section 259.240. NONFEDERAL SHARE OF ICF/MR SERVICES

127082

(A) As used in this section, "ICF/MR," "ICF/MR services," and	127083
"Medicaid-certified capacity" have the same meanings as in section	127084
5124.01 of the Revised Code.	127085

(B) The Director of Developmental Disabilities shall pay the	127086
nonfederal share of a claim for ICF/MR services using funds	127087
specified in division (C) of this section if all of the following	127088
apply:	127089

(1) Medicaid covers the ICF/MR services.

127090

(2) The ICF/MR services are provided to a Medicaid recipient	127091
to whom both of the following apply:	127092

(a) The Medicaid recipient is eligible for the ICF/MR	127093
services;	127094

(b) The Medicaid recipient does not occupy a bed in the	127095
ICF/MR that used to be included in the Medicaid-certified capacity	127096
of another ICF/MR certified by the Director of Health before June	127097
1, 2003.	127098

(3) The ICF/MR services are provided by an ICF/MR whose	127099
Medicaid certification by the Director of Health was initiated or	127100
supported by a county board of developmental disabilities.	127101

(4) The provider of the ICF/MR services has a valid Medicaid	127102
provider agreement for the services for the time that the services	127103
are provided.	127104

(C) When required by division (B) of this section to pay the	127105
nonfederal share of a claim, the Director of Developmental	127106
Disabilities shall use the following funds to pay the claim:	127107

(1) Funds available from appropriation item 322501, County	127108
Boards Subsidies, that the Director allocates to the county board	127109
that initiated or supported the Medicaid certification of the	127110
ICF/MR that provided the ICF/MR services for which the claim is	127111
made;	127112

(2) If the amount of funds used pursuant to division (C)(1)	127113
of this section is insufficient to pay the claim in full, an	127114
amount of funds that are needed to make up the difference and	127115
available from amounts the Director allocates to other county	127116
boards from appropriation item 322501, County Boards Subsidies.	127117

Section 259.250. FY 2014 AND FY 2015 RATES FOR CERTAIN	127118
HOMEMAKER/PERSONAL CARE SERVICES UNDER IO WAIVER	127119

(A) As used in this section:

127120

"Converted facility" means an ICF/MR, or former ICF/MR, that	127121
converted some or all of its beds to providing home and	127122
community-based services under the IO Waiver pursuant to section	127123
5124.60 of the Revised Code.	127124

"Developmental center" and "ICF/MR" have the same meanings as	127125
in section 5124.01 of the Revised Code.	127126

"H.B. 153 increased Medicaid payment rate" means the total	127127
Medicaid payment rate for each fifteen minutes of routine	127128
homemaker/personal care services that was set by Section 263.20.70	127129
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	127130
Am. Sub. H.B. 487 of the 129th General Assembly.	127131

"IO Waiver" means the Medicaid waiver component, as defined	127132
in section 5166.01 of the Revised Code, known as Individual	127133
Options.	127134

"Public hospital" has the same meaning as in section 5122.01	127135
of the Revised Code.	127136

"Regular Medicaid payment rate" means the total Medicaid	127137
payment rate for each fifteen minutes of routine	127138
homemaker/personal care services that are available under the IO	127139
Waiver and to which this section does not apply.	127140

(B) This section applies to routine homemaker/personal care	127141
services to which both of the following apply:	127142

(1) The services are provided to an IO Waiver enrollee to	127143
whom all of the following apply:	127144

(a) The enrollee began to receive the services from the	127145
provider on or after July 1, 2011.	127146

(b) The enrollee resided in a developmental center, converted	127147
facility, or public hospital immediately before enrolling in the	127148
IO Wavier.	127149

(c) The Director of Developmental Disabilities has determined	127150
that the enrollee's special circumstances (including the	127151
enrollee's diagnosis, service needs, or length of stay at the	127152
developmental center, converted facility, or public hospital)	127153
warrants paying the Medicaid payment rate authorized by this	127154
section.	127155

(2) The provider of the services has a valid Medicaid	127156
provider agreement for the services for the period during which	127157
the enrollee receives the services from the provider.	127158

(C) The total Medicaid payment rate for each fifteen minutes	127159
of routine homemaker/personal care services to which this section	127160
applies and that are provided during the period beginning July 1,	127161
2013, and ending June 30, 2015, shall be the greater of the	127162
following:	127163

(1) The H.B. 153 increased Medicaid payment rate;

127164

(2) The regular Medicaid payment rate in effect at the time	127165
the services are provided.	127166

(D) Of the foregoing appropriation items 653407, Medicaid	127167
Services, and 653639, Medicaid Waiver Services, portions shall be	127168
used to pay the Medicaid payment rates determined in accordance	127169
with this section for certain homemaker/personal care services	127170
under the IO Waiver.	127171

Section 259.260. UPDATING AUTHORIZING STATUTE CITATIONS

127172

As used in this section, "authorizing statute" means a	127173
Revised Code section or provision of a Revised Code section that	127174
is cited in the Ohio Administrative Code as the statute that	127175
authorizes the adoption of a rule.	127176

The Director of Developmental Disabilities is not required to	127177
amend any rule for the sole purpose of updating the citation in	127178
the Ohio Administrative Code to the rule's authorizing statute to	127179
reflect that this act renumbers the authorizing statute or	127180
relocates it to another Revised Code section. Such citations shall	127181
be updated as the Director amends the rules for other purposes.	127182

Section 259.270. REASON FOR THE REPEAL OF R.C. 5111.236

127183

This act repeals section 5111.236 of the Revised Code to	127184
carry out the intent of the Governor as indicated in the veto	127185
message regarding Am. Sub. H.B. 1 of the 128th General Assembly	127186
transmitted to the Clerk of the House of Representatives on July	127187
17, 2009. The actual veto removed the section from the title and	127188
enacting clause of H.B. 1 and an earmark related to the section.	127189
However, the actual veto inadvertently showed only division (C) of	127190
the section, rather than the entire section, as being vetoed.	127191

Section 261.10. OBD OHIO BOARD OF DIETETICS

127192

General Services Fund Group	127193

4K90	860609	Operating Expenses	$	330,592	$	342,592	127194
TOTAL GSF General Services Fund							127195
Group			$	330,592	$	342,592	127196
TOTAL ALL BUDGET FUND GROUPS			$	330,592	$	342,592	127197

Section 263.10. EDU DEPARTMENT OF EDUCATION

127199

General Revenue Fund	127200

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	127201
GRF	200408	Early Childhood Education	$	23,268,341	$	25,268,341	127202
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	127203
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	127204
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	127205
GRF	200424	Policy Analysis	$	328,558	$	328,558	127206
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	127207
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	127208
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	127209
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	127210
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	127211
GRF	200442	Child Care Licensing	$	827,140	$	827,140	127212
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	127213
GRF	200447	GED Testing	$	879,551	$	879,551	127214
GRF	200448	Educator Preparation	$	850,000	$	850,000	127215
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	127216
GRF	200464	General Technology Operations	$	192,097	$	192,097	127217
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	127218
GRF	200468	Ready to Learn	$	5,000,000	$	5,000,000	127219
GRF	200502	Pupil Transportation	$	505,013,527	$	518,513,527	127220
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	127221
GRF	200511	Auxiliary Services	$	130,547,795	$	134,881,982	127222
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,973,586	$	60,931,509	127223
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	127224
GRF	200545	Career-Technical Education Enhancements	$	9,072,999	$	9,072,999	127225
GRF	200550	Foundation Funding	$	5,810,807,929	$	6,004,142,692	127226
GRF	200901	Property Tax Allocation - Education	$	1,138,800,000	$	1,184,352,000	127227
TOTAL GRF General Revenue Fund			$	7,982,452,634	$	8,254,434,217	127228

General Services Fund Group	127229

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	127230
4520	200638	Fees and Refunds	$	500,000	$	500,000	127231
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	127232
5960	200656	Ohio Career Information System	$	529,761	$	529,761	127233
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	127234
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	127235
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	127236
TOTAL GSF General Services							127237
Fund Group			$	41,764,032	$	47,108,544	127238

Federal Special Revenue Fund Group	127239

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	127240
3670	200607	School Food Services	$	8,200,664	$	8,700,149	127241
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	127242
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	127243
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	127244
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	127245
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	127246
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	127247
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	127248
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	127249
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	127250
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	127251
3EK0	200637	Advanced Placement	$	450,000	$	450,000	127252
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	127253
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	127254
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	127255
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	127256
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	127257
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	127258
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	127259
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	127260
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	127261
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	127262
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	127263
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	127264
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	127265
3T40	200613	Public Charter Schools	$	500,000	$	0	127266
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	127267
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	127268
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	127269
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	127270
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	127271
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	127272
TOTAL FED Federal Special							127273
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	127274

State Special Revenue Fund Group	127275

4540	200610	GED Testing	$	1,050,000	$	250,000	127276
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	127277
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	127278
4V70	200633	Interagency Program Support	$	717,725	$	717,725	127279
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	127280
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	127281
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	127282
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	127283
5U20	200685	National Education Statistics	$	300,000	$	300,000	127284
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	127285
TOTAL SSR State Special Revenue							127286
Fund Group			$	53,996,635	$	54,149,635	127287

Lottery Profits Education Fund Group	127288

7017	200612	Foundation Funding	$	775,000,000	$	850,000,000	127289
7017	200648	Straight A Fund	$	50,000,000	$	100,000,000	127290
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	127291
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	127292
TOTAL LPE Lottery Profits							127293
Education Fund Group			$	841,000,000	$	974,500,000	127294

Revenue Distribution Fund Group	127295

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	127296
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	127297
TOTAL RDF Revenue Distribution							127298
Fund Group			$	510,000,000	$	510,000,000	127299
TOTAL ALL BUDGET FUND GROUPS			$	11,467,258,299	$	11,817,595,851	127300

Section 263.20. OPERATING EXPENSES

127302

A portion of the foregoing appropriation item 200321,	127303
Operating Expenses, shall be used by the Department of Education	127304
to provide matching funds under 20 U.S.C. 2321.	127305

EARLY CHILDHOOD EDUCATION

127306

The Department of Education shall distribute the foregoing	127307
appropriation item 200408, Early Childhood Education, to pay the	127308
costs of early childhood education programs.	127309

(A) As used in this section:

127310

(1) "Provider" means a city, local, exempted village, or	127311
joint vocational school district, or an educational service	127312
center.	127313

(2) In the case of a city, local, or exempted village school	127314
district, "new eligible provider" means a district that did not	127315
receive state funding for Early Childhood Education in the	127316
previous fiscal year or demonstrates a need for early childhood	127317
programs as defined in division (D) of this section.	127318

(3) "Eligible child" means a child who is at least three	127319
years of age as of the district entry date for kindergarten, is	127320
not of the age to be eligible for kindergarten, and whose family	127321
earns not more than two hundred per cent of the federal poverty	127322
guidelines as defined in division (A)(3) of section 5101.46 of the	127323
Revised Code. Children with an Individualized Education Program	127324
and where the Early Childhood Education program is the least	127325
restrictive environment may be enrolled on their third birthday.	127326

(4) "Early learning program standards" means early learning	127327
program standards for school readiness developed by the Department	127328
to assess the operation of early learning programs.	127329

(B) In each fiscal year, up to two per cent of the total	127330
appropriation may be used by the Department for program support	127331
and technical assistance. The Department shall distribute the	127332
remainder of the appropriation in each fiscal year to serve	127333
eligible children.	127334

(C) The Department shall provide an annual report to the	127335
Governor, the Speaker of the House of Representatives, and the	127336
President of the Senate and post the report to the Department's	127337
web site, regarding early childhood education programs operated	127338
under this section and the early learning program standards.	127339

(D) After setting aside the amounts to make payments due from	127340
the previous fiscal year, in fiscal year 2014, the Department	127341
shall distribute funds first to recipients of funds for early	127342
childhood education programs under Section 267.10.10 of Am. Sub.	127343
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	127344
H.B. 487 of the 129th General Assembly, in the previous fiscal	127345
year and the balance to new eligible providers of early childhood	127346
education programs under this section or to existing providers to	127347
serve more eligible children or for purposes of program expansion,	127348
improvement, or special projects to promote quality and	127349
innovation.	127350

After setting aside the amounts to make payments due from the	127351
previous fiscal year, in fiscal year 2015, the Department shall	127352
distribute funds first to providers of early childhood education	127353
programs under this section in the previous fiscal year and the	127354
balance to new eligible providers or to existing providers to	127355
serve more eligible children as outlined under division (E) of	127356
this section or for purposes of program expansion, improvement, or	127357
special projects to promote quality and innovation.	127358

(E) The Department shall distribute any new or remaining	127359
funding to existing providers of early childhood education	127360
programs or any new eligible providers in an effort to invest in	127361
high quality early childhood programs where there is a need as	127362
determined by the Department. The Department shall distribute the	127363
new or remaining funds to existing providers of early childhood	127364
education programs or any new eligible providers to serve	127365
additional eligible children based on community economic	127366
disadvantage, limited access to high quality preschool or	127367
childcare services, and demonstration of high quality preschool	127368
services as determined by the Department using new metrics	127369
developed pursuant to Ohio's Race to the Top—Early Learning	127370
Challenge Grant, awarded to the Department in December 2011.	127371

Awards under divisions (D) and (E) of this section shall be	127372
distributed on a per-pupil basis, and in accordance with division	127373
(I) of this section. The Department may adjust the per-pupil	127374
amount so that the per-pupil amount multiplied by the number of	127375
eligible children enrolled and receiving services on the first day	127376
of December or the business day closest to that date equals the	127377
amount allocated under this section.	127378

(F) Costs for developing and administering an early childhood	127379
education program may not exceed fifteen per cent of the total	127380
approved costs of the program.	127381

All providers shall maintain such fiscal control and	127382
accounting procedures as may be necessary to ensure the	127383
disbursement of, and accounting for, these funds. The control of	127384
funds provided in this program, and title to property obtained,	127385
shall be under the authority of the approved provider for purposes	127386
provided in the program unless, as described in division (K) of	127387
this section, the program waives its right for funding or a	127388
program's funding is eliminated or reduced due to its inability to	127389
meet financial or early learning program standards. The approved	127390
provider shall administer and use such property and funds for the	127391
purposes specified.	127392

(G) The Department may examine a provider's financial and	127393
program records. If the financial practices of the program are not	127394
in accordance with standard accounting principles or do not meet	127395
financial standards outlined under division (F) of this section,	127396
or if the program fails to substantially meet the early learning	127397
program standards, meet a quality rating level in the tiered	127398
quality rating and improvement system developed under section	127399
5104.30 of the Revised Code as prescribed by the Department, or	127400
exhibits below average performance as measured against the	127401
standards, the early childhood education program shall propose and	127402
implement a corrective action plan that has been approved by the	127403
Department. The approved corrective action plan shall be signed by	127404
the chief executive officer and the executive of the official	127405
governing body of the provider. The corrective action plan shall	127406
include a schedule for monitoring by the Department. Such	127407
monitoring may include monthly reports, inspections, a timeline	127408
for correction of deficiencies, and technical assistance to be	127409
provided by the Department or obtained by the early childhood	127410
education program. The Department may withhold funding pending	127411
corrective action. If an early childhood education program fails	127412
to satisfactorily complete a corrective action plan, the	127413
Department may deny expansion funding to the program or withdraw	127414
all or part of the funding to the program and establish a new	127415
eligible provider through a selection process established by the	127416
Department.	127417

(H) Each early childhood education program shall do all of	127418
the following:	127419

(1) Meet teacher qualification requirements prescribed by	127420
section 3301.311 of the Revised Code;	127421

(2) Align curriculum to the early learning content standards	127422
developed by the Department;	127423

(3) Meet any child or program assessment requirements	127424
prescribed by the Department;	127425

(4) Require teachers, except teachers enrolled and working to	127426
obtain a degree pursuant to section 3301.311 of the Revised Code,	127427
to attend a minimum of twenty hours every two years of	127428
professional development as prescribed by the Department;	127429

(5) Document and report child progress as prescribed by the	127430
Department;	127431

(6) Meet and report compliance with the early learning	127432
program standards as prescribed by the Department;	127433

(7) Participate in the tiered quality rating and improvement	127434
system developed under section 5104.30 of the Revised Code.	127435
Effective July 1, 2016, all programs shall be rated through the	127436
system.	127437

(I) Per-pupil funding for programs subject to this section	127438
shall be sufficient to provide eligible children with services for	127439
a standard early childhood schedule which shall be defined in this	127440
section as a minimum of twelve and one-half hours per school week	127441
as defined in section 3313.62 of the Revised Code for the minimum	127442
school year as defined in sections 3313.48, 3313.481, and 3313.482	127443
of the Revised Code. Nothing in this section shall be construed to	127444
prohibit program providers from utilizing other funds to serve	127445
eligible children in programs that exceed the twelve and one-half	127446
hours per week or that exceed the minimum school year. For any	127447
provider for which a standard early childhood education schedule	127448
creates a hardship or for which the provider shows evidence that	127449
the provider is working in collaboration with a preschool special	127450
education program, the provider may submit a waiver to the	127451
Department requesting an alternate schedule. If the Department	127452
approves a waiver for an alternate schedule that provides services	127453
for less time than the standard early childhood education	127454
schedule, the Department may reduce the provider's annual	127455
allocation proportionately. Under no circumstances shall an annual	127456
allocation be increased because of the approval of an alternate	127457
schedule.	127458

(J) Each provider shall develop a sliding fee scale based on	127459
family incomes and shall charge families who earn more than two	127460
hundred per cent of the federal poverty guidelines, as defined in	127461
division (A)(3) of section 5101.46 of the Revised Code, for the	127462
early childhood education program.	127463

The Department shall conduct an annual survey of each	127464
provider to determine whether the provider charges families	127465
tuition or fees, the amount families are charged relative to	127466
family income levels, and the number of families and students	127467
charged tuition and fees for the early childhood program.	127468

(K) If an early childhood education program voluntarily	127469
waives its right for funding, or has its funding eliminated for	127470
not meeting financial standards or the early learning program	127471
standards, the provider shall transfer control of title to	127472
property, equipment, and remaining supplies obtained through the	127473
program to providers designated by the Department and return any	127474
unexpended funds to the Department along with any reports	127475
prescribed by the Department. The funding made available from a	127476
program that waives its right for funding or has its funding	127477
eliminated or reduced may be used by the Department for new grant	127478
awards or expansion grants. The Department may award new grants or	127479
expansion grants to eligible providers who apply. The eligible	127480
providers who apply must do so in accordance with the selection	127481
process established by the Department.	127482

(L) Eligible expenditures for the Early Childhood Education	127483
Program shall be claimed each fiscal year to help meet the state's	127484
TANF maintenance of effort requirement. The Superintendent of	127485
Public Instruction and the Director of Job and Family Services	127486
shall enter into an interagency agreement to carry out the	127487
requirements under this division, which shall include developing	127488
reporting guidelines for these expenditures.	127489

Section 263.30. INFORMATION TECHNOLOGY DEVELOPMENT AND	127490
SUPPORT	127491

The foregoing appropriation item 200420, Information	127492
Technology Development and Support, shall be used to support the	127493
development and implementation of information technology solutions	127494
designed to improve the performance and services of the Department	127495
of Education. Funds may be used for personnel, maintenance, and	127496
equipment costs related to the development and implementation of	127497
these technical system projects. Implementation of these systems	127498
shall allow the Department to provide greater levels of assistance	127499
to school districts and to provide more timely information to the	127500
public, including school districts, administrators, and	127501
legislators. Funds may also be used to support data-driven	127502
decision-making and differentiated instruction, as well as to	127503
communicate academic content standards and curriculum models to	127504
schools through web-based applications.	127505

Section 263.40. ALTERNATIVE EDUCATION PROGRAMS

127506

The foregoing appropriation item 200421, Alternative	127507
Education Programs, shall be used for the renewal of successful	127508
implementation grants and for competitive matching grants to	127509
school districts for alternative educational programs for existing	127510
and new at-risk and delinquent youth. Programs shall be focused on	127511
youth in one or more of the following categories: those who have	127512
been expelled or suspended, those who have dropped out of school	127513
or who are at risk of dropping out of school, those who are	127514
habitually truant or disruptive, or those on probation or on	127515
parole from a Department of Youth Services facility. Grants shall	127516
be awarded only to programs in which the grant will not serve as	127517
the program's primary source of funding. These grants shall be	127518
administered by the Department of Education.	127519

The Department of Education may waive compliance with any	127520
minimum education standard established under section 3301.07 of	127521
the Revised Code for any alternative school that receives a grant	127522
under this section on the grounds that the waiver will enable the	127523
program to more effectively educate students enrolled in the	127524
alternative school.	127525

Of the foregoing appropriation item 200421, Alternative	127526
Education Programs, a portion may be used for program	127527
administration, monitoring, technical assistance, support,	127528
research, and evaluation.	127529

Section 263.50. SCHOOL MANAGEMENT ASSISTANCE

127530

Of the foregoing appropriation item 200422, School Management	127531
Assistance, $1,000,000 in each fiscal year shall be used by the	127532
Auditor of State in consultation with the Department of Education	127533
for expenses incurred in the Auditor of State's role relating to	127534
fiscal caution, fiscal watch, and fiscal emergency activities as	127535
defined in Chapter 3316. of the Revised Code, unless an amount	127536
less than $1,000,000 is needed and mutually agreed to by the	127537
Department and the Auditor of State. This set-aside may also be	127538
used by the Auditor of State to conduct performance audits of	127539
other school districts with priority given to districts in fiscal	127540
distress. Districts in fiscal distress shall be determined by the	127541
Auditor of State and shall include districts that the Auditor of	127542
State, in consultation with the Department of Education,	127543
determines are employing fiscal practices or experiencing	127544
budgetary conditions that could produce a state of fiscal watch or	127545
fiscal emergency.	127546

The remainder of appropriation item 200422, School Management	127547
Assistance, shall be used by the Department of Education to	127548
provide fiscal technical assistance and inservice education for	127549
school district management personnel and to administer, monitor,	127550
and implement the fiscal caution, fiscal watch, and fiscal	127551
emergency provisions under Chapter 3316. of the Revised Code.	127552

Section 263.60. POLICY ANALYSIS

127553

The foregoing appropriation item 200424, Policy Analysis,	127554
shall be used by the Department of Education to support a system	127555
of administrative, statistical, and legislative education	127556
information to be used for policy analysis. Staff supported by	127557
this appropriation shall administer the development of reports,	127558
analyses, and briefings to inform education policymakers of	127559
current trends in education practice, efficient and effective use	127560
of resources, and evaluation of programs to improve education	127561
results. The database shall be kept current at all times. These	127562
research efforts shall be used to supply information and analysis	127563
of data to the General Assembly and other state policymakers,	127564
including the Office of Budget and Management, the Governor's	127565
Office of 21st Century Education, and the Legislative Service	127566
Commission.	127567

The Department of Education may use funding from this	127568
appropriation item to purchase or contract for the development of	127569
software systems or contract for policy studies that will assist	127570
in the provision and analysis of policy-related information.	127571
Funding from this appropriation item also may be used to monitor	127572
and enhance quality assurance for research-based policy analysis	127573
and program evaluation to enhance the effective use of education	127574
information to inform education policymakers.	127575

TECH PREP CONSORTIA SUPPORT

127576

The foregoing appropriation item 200425, Tech Prep Consortia	127577
Support, shall be used by the Department of Education to support	127578
state-level activities designed to support, promote, and expand	127579
tech prep programs. Use of these funds shall include, but not be	127580
limited to, administration of grants, program evaluation,	127581
professional development, curriculum development, assessment	127582
development, program promotion, communications, and statewide	127583
coordination of tech prep consortia.	127584

Section 263.70. OHIO EDUCATIONAL COMPUTER NETWORK

127585

The foregoing appropriation item 200426, Ohio Educational	127586
Computer Network, shall be used by the Department of Education to	127587
maintain a system of information technology throughout Ohio and to	127588
provide technical assistance for such a system in support of the	127589
P-16 State Education Technology Plan developed under section	127590
3353.09 of the Revised Code.	127591

Of the foregoing appropriation item 200426, Ohio Educational	127592
Computer Network, up to $10,705,569 in each fiscal year shall be	127593
used by the Department of Education to support connection of all	127594
public school buildings and participating chartered nonpublic	127595
schools to the state's education network, to each other, and to	127596
the Internet. In each fiscal year the Department of Education	127597
shall use these funds to assist information technology centers or	127598
school districts with the operational costs associated with this	127599
connectivity. The Department of Education shall develop a formula	127600
and guidelines for the distribution of these funds to information	127601
technology centers or individual school districts. As used in this	127602
section, "public school building" means a school building of any	127603
city, local, exempted village, or joint vocational school	127604
district, any community school established under Chapter 3314. of	127605
the Revised Code, any college preparatory boarding school	127606
established under Chapter 3328. of the Revised Code, any STEM	127607
school established under Chapter 3326. of the Revised Code, any	127608
educational service center building used for instructional	127609
purposes, the Ohio School for the Deaf and the Ohio School for the	127610
Blind, high schools chartered by the Ohio Department of Youth	127611
Services, or high schools operated by Ohio Department of	127612
Rehabilitation and Corrections' Ohio Central School System.	127613

Of the foregoing appropriation item 200426, Ohio Educational	127614
Computer Network, up to $2,500,000 in each fiscal year shall be	127615
used for the Union Catalog and InfOhio Network and to support the	127616
provision of electronic resources with priority given to resources	127617
that support the teaching of state academic content standards in	127618
all public schools. Consideration shall be given by the Department	127619
of Education to coordinating the allocation of these moneys with	127620
the efforts of Libraries Connect Ohio, whose members include	127621
OhioLINK, the Ohio Public Information Network, and the State	127622
Library of Ohio.	127623

Of the foregoing appropriation item 200426, Ohio Educational	127624
Computer Network, up to $5,220,000 in each fiscal year shall be	127625
used, through a formula and guidelines devised by the Department,	127626
to subsidize the activities of designated information technology	127627
centers, as defined by State Board of Education rules, to provide	127628
school districts and chartered nonpublic schools with	127629
computer-based student and teacher instructional and	127630
administrative information services, including approved	127631
computerized financial accounting, and to ensure the effective	127632
operation of local automated administrative and instructional	127633
systems.	127634

Of the foregoing appropriation item 200426, Ohio Educational	127635
Computer Network, up to $10,000,000 in fiscal year 2014 shall be	127636
used for middle mile connections for the information technology	127637
centers established under section 3301.075 of the Revised Code and	127638
select large urban districts to connect to the state broadband	127639
backbone managed by the Ohio Technology Consortium and for other	127640
connectivity upgrades necessary for K-12 school buildings with	127641
severely restricted broadband connections. The Department of	127642
Education shall develop an expenditure plan to facilitate	127643
instructional technology/blended learning initiatives. The State	127644
Chief Information Officer and the Education Technology Division of	127645
the Ohio Board of Regents shall review the plan to ensure it	127646
coincides with State of Ohio and higher education network	127647
strategies and shall either approve or reject the plan. If the	127648
plan is rejected, the State Chief Information Officer and the	127649
Education Technology Division of the Ohio Board of Regents shall	127650
identify deficiencies in the plan and work with the Department to	127651
complete an acceptable plan. "Select large urban districts" are	127652
those districts that connect to the state broadband backbone	127653
directly rather than through an information technology center. At	127654
the request of the Superintendent of Public Instruction, the	127655
Director of Budget and Management may authorize the expenditure in	127656
fiscal year 2015 of any unexpended and unencumbered portion of	127657
this set-aside at the end of fiscal year 2014. The authorized	127658
expenditure is hereby reappropriated to the Department for the	127659
same purpose for fiscal year 2015.	127660

The remainder of appropriation item 200426, Ohio Educational	127661
Computer Network, shall be used to support the work of the	127662
development, maintenance, and operation of a network of uniform	127663
and compatible computer-based information and instructional	127664
systems as well as the teacher student linkage/roster verification	127665
process and the eTranscript/student records exchange initiative.	127666
This technical assistance shall include, but not be restricted to,	127667
development and maintenance of adequate computer software systems	127668
to support network activities. In order to improve the efficiency	127669
of network activities, the Department and information technology	127670
centers may jointly purchase equipment, materials, and services	127671
from funds provided under this appropriation for use by the	127672
network and, when considered practical by the Department, may	127673
utilize the services of appropriate state purchasing agencies.	127674

Section 263.80. ACADEMIC STANDARDS

127675

The foregoing appropriation item 200427, Academic Standards,	127676
shall be used by the Department of Education to develop, revise,	127677
and communicate to school districts academic content standards and	127678
curriculum models and to develop professional development programs	127679
and other tools on the new content standards and model curriculum.	127680

Section 263.90. STUDENT ASSESSMENT

127681

Of the foregoing appropriation item 200437, Student	127682
Assessment, up to $95,000 in each fiscal year may be used to	127683
support the assessments required under section 3301.0715 of the	127684
Revised Code.	127685

The remainder of appropriation item 200437, Student	127686
Assessment, shall be used to develop, field test, print,	127687
distribute, score, report results, and support other associated	127688
costs for the tests required under sections 3301.0710, 3301.0711,	127689
and 3301.0712 of the Revised Code and for similar purposes as	127690
required by section 3301.27 of the Revised Code. The funds may	127691
also be used to update and develop diagnostic assessments required	127692
under sections 3301.079, 3301.0715, and 3313.608 of the Revised	127693
Code.	127694

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	127695
ASSESSMENT	127696

In fiscal year 2014 and fiscal year 2015, if the	127697
Superintendent of Public Instruction determines that additional	127698
funds are needed to fully fund the requirements of sections	127699
3301.0710, 3301.0711, 3301.0712, and 3301.27 of the Revised Code	127700
and this act for assessments of student performance, the	127701
Superintendent of Public Instruction may recommend the	127702
reallocation of unexpended and unencumbered General Revenue Fund	127703
appropriations within the Department of Education to appropriation	127704
item 200437, Student Assessment, to the Director of Budget and	127705
Management. If the Director of Budget and Management determines	127706
that such a reallocation is required, the Director of Budget and	127707
Management may transfer unexpended and unencumbered appropriations	127708
within the Department of Education as necessary to appropriation	127709
item 200437, Student Assessment. If these transferred	127710
appropriations are not sufficient to fully fund the assessment	127711
requirements in fiscal year 2014 or fiscal year 2015, the	127712
Superintendent of Public Instruction may request that the	127713
Controlling Board transfer up to $9,000,000 cash from the Lottery	127714
Profits Education Reserve Fund (Fund 7018) to the General Revenue	127715
Fund. Upon approval of the Controlling Board, the Director of	127716
Budget and Management shall transfer the cash. These transferred	127717
funds are hereby appropriated for the same purpose as	127718
appropriation item 200437, Student Assessment.	127719

Section 263.100. Notwithstanding anything to the contrary in	127720
sections 3301.0710 and 3301.0711 of the Revised Code, in the	127721
2013-2014 school year, the Department of Education shall not	127722
furnish, and school districts and schools shall not administer,	127723
the elementary writing and social studies achievement assessments	127724
prescribed by section 3301.0710 of the Revised Code, unless the	127725
Superintendent of Public Instruction determines the Department has	127726
sufficient funds to pay the costs of furnishing and scoring those	127727
assessments.	127728

Section 263.110. ACCOUNTABILITY/REPORT CARDS

127729

Of the foregoing appropriation item 200439,	127730
Accountability/Report Cards, a portion in each fiscal year may be	127731
used to train district and regional specialists and district	127732
educators in the use of the value-added progress dimension and in	127733
the use of data as it relates to improving student achievement.	127734
This training may include teacher and administrator professional	127735
development in the use of data to improve instruction and student	127736
learning, and teacher and administrator training in understanding	127737
teacher value-added reports and how they can be used as a	127738
component in measuring teacher and administrator effectiveness. A	127739
portion of this funding may be provided to a credible nonprofit	127740
organization with expertise in value-added progress dimensions.	127741

The remainder of appropriation item 200439,	127742
Accountability/Report Cards, shall be used by the Department to	127743
incorporate a statewide value-added progress dimension into	127744
performance ratings for school districts and for the development	127745
of an accountability system that includes the preparation and	127746
distribution of school report cards, funding and expenditure	127747
accountability reports under sections 3302.03 and 3302.031 of the	127748
Revised Code, and the development and maintenance of teacher	127749
value-added reports.	127750

CHILD CARE LICENSING

127751

The foregoing appropriation item 200442, Child Care	127752
Licensing, shall be used by the Department of Education to license	127753
and to inspect preschool and school-age child care programs under	127754
sections 3301.52 to 3301.59 of the Revised Code.	127755

Section 263.120. EDUCATION MANAGEMENT INFORMATION SYSTEM

127756

The foregoing appropriation item 200446, Education Management	127757
Information System, shall be used by the Department of Education	127758
to improve the Education Management Information System (EMIS).	127759

Of the foregoing appropriation item 200446, Education	127760
Management Information System, up to $729,000 in each fiscal year	127761
shall be distributed to designated information technology centers	127762
for costs relating to processing, storing, and transferring data	127763
for the effective operation of the EMIS. These costs may include,	127764
but are not limited to, personnel, hardware, software development,	127765
communications connectivity, professional development, and support	127766
services, and to provide services to participate in the State	127767
Education Technology Plan developed under section 3353.09 of the	127768
Revised Code.	127769

The remainder of appropriation item 200446, Education	127770
Management Information System, shall be used to develop and	127771
support a common core of data definitions and standards as adopted	127772
by the Education Management Information System Advisory Board,	127773
including the ongoing development and maintenance of the data	127774
dictionary and data warehouse. In addition, such funds shall be	127775
used to support the development and implementation of data	127776
standards; the design, development, and implementation of a new	127777
data exchange system; and responsibilities related to the school	127778
report cards prescribed by section 3302.03 of the Revised Code and	127779
value-added progress dimension calculations.	127780

Any provider of software meeting the standards approved by	127781
the Education Management Information System Advisory Board shall	127782
be designated as an approved vendor and may enter into contracts	127783
with local school districts, community schools, STEMS schools,	127784
information technology centers, or other educational entities for	127785
the purpose of collecting and managing data required under Ohio's	127786
education management information system (EMIS) laws. On an annual	127787
basis, the Department of Education shall convene an advisory group	127788
of school districts, community schools, and other	127789
education-related entities to review the Education Management	127790
Information System data definitions and data format standards. The	127791
advisory group shall recommend changes and enhancements based upon	127792
surveys of its members, education agencies in other states, and	127793
current industry practices, to reflect best practices, align with	127794
federal initiatives, and meet the needs of school districts.	127795

School districts, STEM schools, and community schools not	127796
implementing a common and uniform set of data definitions and data	127797
format standards for Education Management Information System	127798
purposes shall have all EMIS funding withheld until they are in	127799
compliance.	127800

Section 263.130. GED TESTING

127801

The foregoing appropriation item 200447, GED Testing, shall	127802
be used to provide General Educational Development (GED) testing	127803
under rules adopted by the State Board of Education.	127804

Section 263.140. EDUCATOR PREPARATION

127805

Of the foregoing appropriation item 200448, Educator	127806
Preparation, up to $500,000 in each fiscal year may be used by the	127807
Department of Education to monitor and support Ohio's State System	127808
of Support in accordance with the "No Child Left Behind Act of	127809
2011," 20 U.S.C. 6317, as administered pursuant to the Elementary	127810
and Secondary Education Act flexibility waivers approved for Ohio	127811
by the United States Department of Education.	127812

Of the foregoing appropriation item 200448, Educator	127813
Preparation, up to $100,000 in each fiscal year may be used by the	127814
Department to support the Educator Standards Board under section	127815
3319.61 of the Revised Code and reforms under sections 3302.042,	127816
3302.06 through 3302.068, 3302.12, 3302.20 through 3302.22, and	127817
3319.58 of the Revised Code.	127818

The remainder of the foregoing appropriation item 200448,	127819
Educator Preparation, in fiscal year 2015 may be used for	127820
implementation of teacher and principal evaluation systems,	127821
including incorporation of student growth as a metric in those	127822
systems, and teacher value-added reports.	127823

Section 263.150. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

127824

The foregoing appropriation item 200455, Community Schools	127825
and Choice Programs, may be used by the Department of Education	127826
for additional services and responsibilities under section 3314.11	127827
of the Revised Code and for operation of the school choice	127828
programs.	127829

Of the foregoing appropriation item 200455, Community Schools	127830
and Choice Programs, a portion in each fiscal year may be used by	127831
the Department of Education for developing and conducting training	127832
sessions for community schools and sponsors and prospective	127833
sponsors of community schools as prescribed in division (A)(1) of	127834
section 3314.015 of the Revised Code, and other schools	127835
participating in school choice programs.	127836

Section 263.160. TECHNOLOGY INTEGRATION AND PROFESSIONAL	127837
DEVELOPMENT	127838

The foregoing appropriation item 200465, Technology	127839
Integration and Professional Development, shall be used by the	127840
Department of Education to contract with educational television	127841
stations and education technology centers to provide Ohio public	127842
schools with instructional resources and services, with priority	127843
given to resources and services aligned with state academic	127844
content standards. Such resources and services shall be based upon	127845
the advice and approval of the Department, based on a formula used	127846
by the former eTech Ohio Commission unless and until a substitute	127847
formula is developed in consultation with the Ohio Board of	127848
Regents.	127849

Section 263.163. READY TO LEARN

127850

The Department of Education shall distribute the foregoing	127851
appropriation item 200468, Ready to Learn, to contract with	127852
eligible providers of early childhood education programs under	127853
this section.	127854

(A) As used in this section:

127855

(1) "Eligible provider" means a private early childhood	127856
education program provider that meets at least the third highest	127857
rating level in the tiered quality rating and improvement system	127858
developed under section 5104.30 of the Revised Code or a public	127859
early childhood education provider.	127860

(2) "Eligible child" means a child who is at least three	127861
years of age as of the district entry date for kindergarten, is	127862
not enrolled in kindergarten, and whose family earns not more than	127863
two hundred per cent of the federal poverty guidelines as defined	127864
in division (A)(3) of section 5101.46 of the Revised Code.	127865

(3) "Early learning program standards" means early learning	127866
program standards for school readiness developed by the Department	127867
to assess the operation of early learning programs.	127868

(B) The Department shall distribute funding to eligible	127869
providers on a per-pupil basis. The per-pupil amount shall be such	127870
that funding is provided for 2,200 eligible children in each	127871
fiscal year. The Department shall distribute funding so that at	127872
least three eligible children are funded in each county.	127873

(C) Each early childhood education program receiving funding	127874
under this section shall do all of the following:	127875

(1) Meet teacher qualification requirements prescribed by	127876
section 3301.311 of the Revised Code;	127877

(2) Align curriculum to the early learning content standards	127878
developed by the Department;	127879

(3) Meet any child or program assessment requirements	127880
prescribed by the Department;	127881

(4) Require teachers, except teachers enrolled and working to	127882
obtain a degree pursuant to section 3301.311 of the Revised Code,	127883
to attend a minimum of twenty hours every two years of	127884
professional development as prescribed by the Department;	127885

(5) Document and report child progress as prescribed by the	127886
Department;	127887

(6) Meet and report compliance with the early learning	127888
program standards as prescribed by the Department;	127889

(7) Participate in the tiered quality rating and improvement	127890
system developed under section 5104.30 of the Revised Code.	127891

Section 263.170. PUPIL TRANSPORTATION

127892

Of the foregoing appropriation item 200502, Pupil	127893
Transportation, up to $838,930 in each fiscal year may be used by	127894
the Department of Education for training prospective and	127895
experienced school bus drivers in accordance with training	127896
programs prescribed by the Department. Up to $60,469,220 in each	127897
fiscal year may be used by the Department of Education for special	127898
education transportation reimbursements to school districts and	127899
county DD boards for transportation operating costs as provided in	127900
divisions (C) and (F) of section 3317.024 of the Revised Code. Up	127901
to $5,000,000 in fiscal year 2014 may be used by the Department of	127902
Education to reimburse school districts that make payments to	127903
parents in lieu of transportation under section 3327.02 of the	127904
Revised Code and whose transportation is not funded under division	127905
(C) of section 3317.024 of the Revised Code.	127906

Of the foregoing appropriation item 200502, Pupil	127907
Transportation, up to $25,300,000 in fiscal year 2014 and up to	127908
$23,100,000 in fiscal year 2015 shall be used for additional	127909
transportation aid for school districts as provided by division	127910
(G)(2) of section 3317.0212 of the Revised Code, as amended by	127911
this act. The Department shall pay each school district a pro rata	127912
portion of the amounts calculated so that the amount appropriated	127913
is not exceeded.	127914

The remainder of appropriation item 200502, Pupil	127915
Transportation, shall be used to distribute the amounts calculated	127916
for transportation aid under division (G)(1) of section 3317.0212	127917
of the Revised Code, as amended by this act.	127918

Section 263.180. SCHOOL LUNCH MATCH

127919

The foregoing appropriation item 200505, School Lunch Match,	127920
shall be used to provide matching funds to obtain federal funds	127921
for the school lunch program.	127922

Any remaining appropriation after providing matching funds	127923
for the school lunch program may be used to partially reimburse	127924
school buildings within school districts that are required to have	127925
a school breakfast program under section 3313.813 of the Revised	127926
Code, at a rate decided by the Department.	127927

Section 263.190. AUXILIARY SERVICES

127928

The foregoing appropriation item 200511, Auxiliary Services,	127929
shall be used by the Department of Education for the purpose of	127930
implementing section 3317.06 of the Revised Code. Of the	127931
appropriation, up to $1,888,106 in fiscal year 2014 and up to	127932
$1,944,949 in fiscal year 2015 may be used for payment of the	127933
Post-Secondary Enrollment Program for nonpublic students, except	127934
that in fiscal year 2014 the Department may spend above the	127935
set-aside to pay for outstanding obligations for the	127936
Post-Secondary Enrollment Options Program in fiscal year 2013.	127937

Section 263.200. NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

127938

The foregoing appropriation item 200532, Nonpublic	127939
Administrative Cost Reimbursement, shall be used by the Department	127940
of Education for the purpose of implementing section 3317.063 of	127941
the Revised Code.	127942

Section 263.210. SPECIAL EDUCATION ENHANCEMENTS

127943

Of the foregoing appropriation item 200540, Special Education	127944
Enhancements, up to $50,000,000 in each fiscal year shall be used	127945
to fund special education and related services at county boards of	127946
developmental disabilities for eligible students under section	127947
3317.20 of the Revised Code and at institutions for eligible	127948
students under section 3317.201 of the Revised Code. If necessary,	127949
the Department shall proportionately reduce the amount calculated	127950
for each county board of developmental disabilities and	127951
institution so as not to exceed the amount appropriated in each	127952
fiscal year.	127953

Of the foregoing appropriation item 200540, Special Education	127954
Enhancements, up to $1,333,468 in each fiscal year shall be used	127955
for parent mentoring programs.	127956

Of the foregoing appropriation item 200540, Special Education	127957
Enhancements, up to $2,537,824 in each fiscal year may be used for	127958
school psychology interns.	127959

The remainder of appropriation item 200540, Special Education	127960
Enhancements, shall be distributed by the Department of Education	127961
to school districts and institutions, as defined in section	127962
3323.091 of the Revised Code, for preschool special education	127963
funding under section 3317.0213 of the Revised Code. If necessary,	127964
the Department shall proportionately reduce the amount calculated	127965
for each school district and institution so as not to exceed the	127966
amount appropriated in each fiscal year.	127967

The Department may reimburse school districts and	127968
institutions for services provided by instructional assistants,	127969
related services as defined in rule 3301-51-11 of the	127970
Administrative Code, physical therapy services provided by a	127971
licensed physical therapist or physical therapist assistant under	127972
the supervision of a licensed physical therapist as required under	127973
Chapter 4755. of the Revised Code and Chapter 4755-27 of the	127974
Administrative Code and occupational therapy services provided by	127975
a licensed occupational therapist or occupational therapy	127976
assistant under the supervision of a licensed occupational	127977
therapist as required under Chapter 4755. of the Revised Code and	127978
Chapter 4755-7 of the Administrative Code. Nothing in this section	127979
authorizes occupational therapy assistants or physical therapist	127980
assistants to generate or manage their own caseloads.	127981

The Department of Education shall require school districts,	127982
educational service centers, county DD boards, and institutions	127983
serving preschool children with disabilities to adhere to Ohio's	127984
early learning program standards, participate in the tiered	127985
quality rating and improvement system developed under section	127986
5104.30 of the Revised Code, and document child progress using	127987
research-based indicators prescribed by the Department and report	127988
results annually. The reporting dates and method shall be	127989
determined by the Department. Effective July 1, 2018, all programs	127990
shall be rated through the tiered quality rating and improvement	127991
system.	127992

Section 263.220. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

127993

Of the foregoing appropriation item 200545, Career-Technical	127994
Education Enhancements, up to $2,563,568 in each fiscal year shall	127995
be used to fund secondary career-technical education at	127996
institutions using a grant-based methodology, notwithstanding	127997
section 3317.05 of the Revised Code.	127998

Of the foregoing appropriation item 200545, Career-Technical	127999
Education Enhancements, up to $2,838,281 in each fiscal year shall	128000
be used by the Department of Education to fund competitive grants	128001
to tech prep consortia that expand the number of students enrolled	128002
in tech prep programs. These grant funds shall be used to directly	128003
support expanded tech prep programs provided to students enrolled	128004
in school districts, including joint vocational school districts,	128005
and affiliated higher education institutions. This support may	128006
include the purchase of equipment.	128007

Of the foregoing appropriation item 200545, Career-Technical	128008
Education Enhancements, up to $3,100,850 in each fiscal year shall	128009
be used by the Department of Education to support existing High	128010
Schools That Work (HSTW) sites, develop and support new sites,	128011
fund technical assistance, and support regional centers and middle	128012
school programs. The purpose of HSTW is to combine challenging	128013
academic courses and modern career-technical studies to raise the	128014
academic achievement of students. HSTW provides intensive	128015
technical assistance, focused staff development, targeted	128016
assessment services, and ongoing communications and networking	128017
opportunities.	128018

Of the foregoing appropriation item 200545, Career-Technical	128019
Education Enhancements, up to $300,000 in each fiscal year shall	128020
be used by the Department of Education to enable students in	128021
agricultural programs to enroll in a fifth quarter of instruction	128022
based on the agricultural education model of delivering work-based	128023
learning through supervised agricultural experience. The	128024
Department of Education shall determine eligibility criteria and	128025
the reporting process for the Agriculture 5th Quarter Project and	128026
shall fund as many programs as possible given the set aside.	128027

Of the foregoing appropriation item, 200545, Career-Technical	128028
Education Enhancements, up to $162,200 in each fiscal year shall	128029
be distributed to the Cleveland Municipal School District and the	128030
Cincinnati City School District to be used for a VoAg Program in	128031
one at-risk nonvocational school in each district. The amount	128032
distributed to the Cleveland Municipal School District shall be	128033
equal to $78,600 minus the funding allocated to the district under	128034
division (A)(8) of section 3317.022 of the Revised Code for the	128035
students participating in the program. The amount distributed to	128036
the Cincinnati City School District shall be equal to $83,600	128037
minus the funding allocated to the district under section 3317.162	128038
of the Revised Code for the students participating in the program.	128039

Of the foregoing appropriation item 200545, Career-Technical	128040
Education Enhancements, $108,100 in each fiscal year shall be used	128041
to prepare students for careers in culinary arts and restaurant	128042
management under the Ohio ProStart school restaurant program.	128043

Section 263.230. FOUNDATION FUNDING

128044

Of the foregoing appropriation item 200550, Foundation	128045
Funding, up to $675,000 in each fiscal year shall be used to	128046
support the work of the College of Education and Human Ecology at	128047
the Ohio State University in reviewing and assessing the alignment	128048
of courses offered through the distance learning clearinghouse	128049
established in sections 3333.81 to 3333.88 of the Revised Code	128050
with the academic content standards adopted under division (A) of	128051
section 3301.079 of the Revised Code.	128052

Of the foregoing appropriation item 200550, Foundation	128053
Funding, up to $40,000,000 in each fiscal year shall be used to	128054
provide additional state aid to school districts, joint vocational	128055
school districts, community schools, and STEM schools for special	128056
education students under division (C)(3) of section 3314.08,	128057
section 3317.0214, division (B) of section 3317.16, and section	128058
3326.34 of the Revised Code, except that the Controlling Board may	128059
increase these amounts if presented with such a request from the	128060
Department of Education at the final meeting of the fiscal year.	128061

Of the foregoing appropriation item 200550, Foundation	128062
Funding, up to $2,000,000 in each fiscal year shall be reserved	128063
for Youth Services tuition payments under section 3317.024 of the	128064
Revised Code.	128065

Of the foregoing appropriation item 200550, Foundation	128066
Funding, up to $3,800,000 in each fiscal year shall be used to	128067
fund gifted education at educational service centers. The	128068
Department shall distribute the funding through the unit-based	128069
funding methodology in place under division (L) of section	128070
3317.024, division (E) of section 3317.05, and divisions (A), (B),	128071
and (C) of section 3317.053 of the Revised Code as they existed	128072
prior to fiscal year 2010.	128073

Of the foregoing appropriation item 200550, Foundation	128074
Funding, up to $43,500,000 in fiscal year 2014 and up to	128075
$40,000,000 in fiscal year 2015 shall be reserved to fund the	128076
state reimbursement of educational service centers under the	128077
section of this act entitled "EDUCATIONAL SERVICE CENTERS	128078
FUNDING"; and up to $3,500,000 in each fiscal year shall be	128079
distributed to educational service centers for School Improvement	128080
Initiatives and, in consultation with the Governor's Director of	128081
21st Century Education, for the provision of technical assistance	128082
as required by the Elementary and Secondary Education Act	128083
Flexibility waivers approved for Ohio by the United States	128084
Department of Education. Educational service centers shall be	128085
required to support districts in the development and	128086
implementation of their continuous improvement plans as required	128087
in section 3302.04 of the Revised Code and to provide technical	128088
assistance and support in accordance with Title I of the "No Child	128089
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317, as	128090
administered pursuant to the Elementary and Secondary Education	128091
Act Flexibility waivers approved for Ohio by the United States	128092
Department of Education.	128093

Of the foregoing appropriation item 200550, Foundation	128094
Funding, up to $20,000,000 in each fiscal year shall be reserved	128095
for payments under sections 3317.026, 3317.027, and 3317.028 of	128096
the Revised Code. If this amount is not sufficient, the Department	128097
of Education shall prorate the payment amounts so that the	128098
aggregate amount allocated in this paragraph is not exceeded.	128099

Of the foregoing appropriation item 200550, Foundation	128100
Funding, up to $2,000,000 in each fiscal year shall be used to pay	128101
career-technical planning districts for the amounts reimbursed to	128102
students, as prescribed in this paragraph. Each career-technical	128103
planning district shall reimburse individuals taking the online	128104
General Educational Development (GED) test for the first time for	128105
application/test fees in excess of $40. Each career-technical	128106
planning district shall designate a site or sites where	128107
individuals may register and take the exam. For each individual	128108
that registers for the exam, the career-technical planning	128109
district shall make available and offer career counseling	128110
services, including information on adult education programs that	128111
are available.	128112

Of the foregoing appropriation item 200550, Foundation	128113
Funding, up to $410,000 in each fiscal year shall be used to pay	128114
career-technical planning districts $500 for each student that	128115
receives a journeyman certification, as recognized by the United	128116
States Department of Labor.	128117

Of the foregoing appropriation item 200550, Foundation	128118
Funding, up to $18,713,327 in each fiscal year shall be used to	128119
support school choice programs.	128120

Of the portion of the funds distributed to the Cleveland	128121
Municipal School District under this section, up to $11,901,887 in	128122
each fiscal year shall be used to operate the school choice	128123
program in the Cleveland Municipal School District under sections	128124
3313.974 to 3313.979 of the Revised Code. Notwithstanding	128125
divisions (B) and (C) of section 3313.978 and division (C) of	128126
section 3313.979 of the Revised Code, up to $1,000,000 in each	128127
fiscal year of this amount shall be used by the Cleveland	128128
Municipal School District to provide tutorial assistance as	128129
provided in division (H) of section 3313.974 of the Revised Code.	128130
The Cleveland Municipal School District shall report the use of	128131
these funds in the district's three-year continuous improvement	128132
plan as described in section 3302.04 of the Revised Code in a	128133
manner approved by the Department of Education.	128134

Of the foregoing appropriation item 200550, Foundation	128135
Funding, up to $2,000,000 in each fiscal year shall be used to pay	128136
college-preparatory boarding schools the per pupil boarding amount	128137
pursuant to section 3328.34 of the Revised Code.	128138

Of the foregoing appropriation item 200550, Foundation	128139
Funding, up to $500,000 in each fiscal year shall be used to	128140
support Jobs for Ohio's Graduates.	128141

Of the foregoing appropriation item 200550, Foundation	128142
Funding, up to $250,000 in fiscal year 2015 may be used for	128143
payment of the Post-Secondary Enrollment Options Program for	128144
students instructed at home pursuant to section 3321.04 of the	128145
Revised Code.	128146

Of the foregoing appropriation item 200550, Foundation	128147
Funding, an amount shall be available in each fiscal year to be	128148
paid to joint vocational school districts in accordance with	128149
division (A) of section 3317.16 of the Revised Code and the	128150
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR JOINT	128151
VOCATIONAL SCHOOL DISTRICTS."	128152

Of the foregoing appropriation item 200550, Foundation	128153
Funding, up to $700,000 in each fiscal year shall be used by the	128154
Department of Education for a program to pay for educational	128155
services for youth who have been assigned by a juvenile court or	128156
other authorized agency to any of the facilities described in	128157
division (A) of the section of this act entitled "PRIVATE	128158
TREATMENT FACILITY PROJECT."	128159

The remainder of appropriation item 200550, Foundation	128160
Funding, shall be used to distribute the amounts calculated for	128161
formula aid under section 3317.022 of the Revised Code and the	128162
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR CITY,	128163
LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS."	128164

Appropriation items 200502, Pupil Transportation, 200540,	128165
Special Education Enhancements, and 200550, Foundation Funding,	128166
other than specific set-asides, are collectively used in each	128167
fiscal year to pay state formula aid obligations for school	128168
districts, community schools, STEM schools, college preparatory	128169
boarding schools, and joint vocational school districts under this	128170
act. The first priority of these appropriation items, with the	128171
exception of specific set-asides, is to fund state formula aid	128172
obligations. It may be necessary to reallocate funds among these	128173
appropriation items or use excess funds from other general revenue	128174
fund appropriation items in the Department of Education's budget	128175
in each fiscal year, in order to meet state formula aid	128176
obligations. If it is determined that it is necessary to transfer	128177
funds among these appropriation items or to transfer funds from	128178
other General Revenue Fund appropriations in the Department of	128179
Education's budget to meet state formula aid obligations, the	128180
Department of Education shall seek approval from the Controlling	128181
Board to transfer funds as needed.	128182

The Superintendent of Public Instruction shall make payments,	128183
transfers, and deductions, as authorized by Title XXXIII of the	128184
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	128185
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	128186
amounts substantially equal to those made in the prior year, or	128187
otherwise, at the discretion of the Superintendent, until at least	128188
the effective date of the amendments and enactments made to Title	128189
XXXIII by this act. If a new school district, community school, or	128190
STEM school opens prior to the effective date of this act, the	128191
Department of Education shall pay to the district or school an	128192
amount of $5,000 per pupil, based upon the estimated number of	128193
students that the district or school is expected to serve. Any	128194
funds paid to districts or schools under this section shall be	128195
credited toward the annual funds calculated for the district or	128196
school after the changes made to Title XXXIII in this act are	128197
effective. Upon the effective date of changes made to Title XXXIII	128198
in this act, funds shall be calculated as an annual amount.	128199

Section 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL,	128200
AND EXEMPTED VILLAGE SCHOOL DISTRICTS	128201

The Department of Education shall distribute funds within	128202
appropriation item 200550, Foundation Funding, for temporary	128203
transitional aid in each fiscal year to each qualifying city,	128204
local, and exempted village school district.	128205

(A) For fiscal years 2014 and 2015, the Department shall pay	128206
temporary transitional aid to each city, local, or exempted	128207
village school district that experiences any decrease in its state	128208
foundation funding for the current fiscal year from its	128209
transitional aid guarantee base. The amount of the temporary	128210
transitional aid payment shall equal the difference between its	128211
foundation funding for the current fiscal year and its	128212
transitional aid guarantee base. If the computation made under	128213
this division results in a negative number, the district's funding	128214
under this division shall be zero.	128215

(1) As used in this section, foundation funding for each	128216
city, local, and exempted village school district for a given	128217
fiscal year equals the sum of the amount calculated for the	128218
district under section 3317.022 of the Revised Code, as re-enacted	128219
by this act, and the amounts calculated for the district under	128220
divisions (G)(1) and (2) of section 3317.0212 of the Revised Code,	128221
as amended by this act, for that fiscal year.	128222

(2) The transitional aid guarantee base for each city, local,	128223
and exempted village school district equals the sum of the amounts	128224
computed for the district for fiscal year 2013, under Sections	128225
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	128226
129th General Assembly.	128227

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	128228
as re-enacted by this act, in fiscal year 2014, no city, local, or	128229
exempted village school district shall be allocated foundation	128230
funding that is greater than 1.06 times the district's	128231
transitional aid guarantee base.	128232

(2) Notwithstanding section 3317.022 of the Revised Code, as	128233
re-enacted by this act, in fiscal year 2015, no city, local, or	128234
exempted village school district shall be allocated foundation	128235
funding that is greater than 1.06 times the amount computed for	128236
foundation funding for the district for fiscal year 2014 plus any	128237
amount calculated for temporary transitional aid for fiscal year	128238
2014 under division (A) of this section and after any reductions	128239
made for fiscal year 2014 under division (B)(1) of this section.	128240

(3) The Department shall reduce a district's payments under	128241
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	128242
of the Revised Code, as re-enacted by this act, and divisions	128243
(G)(1) and (2) of section 3317.0212 of the Revised Code, as	128244
amended by this act, proportionately as necessary in order to	128245
comply with this division. If those amounts are insufficient, the	128246
Department shall proportionately reduce a district's payments	128247
under divisions (A)(3), (8), and (9) of section 3317.022 of the	128248
Revised Code, as re-enacted by this act.	128249

Section 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	128250
VOCATIONAL SCHOOL DISTRICTS	128251

The Department of Education shall distribute funds within	128252
appropriation item 200550, Foundation Funding, for temporary	128253
transitional aid in each fiscal year to each qualifying joint	128254
vocational school district.	128255

(A) For fiscal years 2014 and 2015, the Department shall pay	128256
temporary transitional aid to each joint vocational school	128257
district that experiences any decrease in its state core	128258
foundation funding under division (A) of section 3317.16 of the	128259
Revised Code, as re-enacted by this act, for the current fiscal	128260
year from its transitional aid guarantee base. The amount of the	128261
temporary transitional aid payment shall equal the difference	128262
between the district's funding under division (A) of section	128263
3317.16 of the Revised Code for the current fiscal year and its	128264
transitional aid guarantee base. If the computation made under	128265
this division results in a negative number, the district's funding	128266
under this division shall be zero.	128267

The transitional aid guarantee base for each joint vocational	128268
school district equals the amount computed for the district for	128269
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	128270
the 129th General Assembly.	128271

(B)(1) Notwithstanding division (A) of section 3317.16 of the	128272
Revised Code, as re-enacted by this act, in fiscal year 2014, no	128273
joint vocational school district shall be allocated state core	128274
foundation funding, as computed under division (A) of section	128275
3317.16 of the Revised Code, as re-enacted by this act, that is	128276
greater than 1.06 times the district's transitional aid guarantee	128277
base.	128278

(2) Notwithstanding division (A) of section 3317.16 of the	128279
Revised Code, as re-enacted by this act, in fiscal year 2015, no	128280
joint vocational school district shall be allocated state core	128281
foundation funding, under division (A) of section 3317.16 of the	128282
Revised Code, as re-enacted by this act, that is greater than 1.06	128283
times the amount computed for state core foundation funding for	128284
the district for fiscal year 2014 under division (A) of section	128285
3317.16 of the Revised Code, as re-enacted by this act, plus any	128286
amount calculated for temporary transitional aid for fiscal year	128287
2014 under division (A) of this section and after any reductions	128288
made for fiscal year 2014 under division (B)(1) of this section.	128289

(3) The Department shall reduce a district's payments under	128290
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	128291
Code, as re-enacted by this act, proportionately as necessary in	128292
order to comply with this division. If those amounts are	128293
insufficient, the Department shall proportionately reduce a	128294
district's payments under divisions (A)(2), (5), and (6) of	128295
section 3317.16 of the Revised Code, as re-enacted by this act.	128296

Section 263.260. PROPERTY TAX ALLOCATION - EDUCATION

128297

The Superintendent of Public Instruction shall not request,	128298
and the Controlling Board shall not approve, the transfer of	128299
appropriation from appropriation item 200901, Property Tax	128300
Allocation - Education, to any other appropriation item.	128301

The appropriation item 200901, Property Tax Allocation -	128302
Education, is appropriated to pay for the state's costs incurred	128303
because of the homestead exemption, the property tax rollback, and	128304
payments required under division (C) of section 5705.2110 of the	128305
Revised Code. In cooperation with the Department of Taxation, the	128306
Department of Education shall distribute these funds directly to	128307
the appropriate school districts of the state, notwithstanding	128308
sections 321.24 and 323.156 of the Revised Code, which provide for	128309
payment of the homestead exemption and property tax rollback by	128310
the Tax Commissioner to the appropriate county treasurer and the	128311
subsequent redistribution of these funds to the appropriate local	128312
taxing districts by the county auditor.	128313

Upon receipt of these amounts, each school district shall	128314
distribute the amount among the proper funds as if it had been	128315
paid as real or tangible personal property taxes. Payments for the	128316
costs of administration shall continue to be paid to the county	128317
treasurer and county auditor as provided for in sections 319.54,	128318
321.26, and 323.156 of the Revised Code.	128319

Any sums, in addition to the amount specifically appropriated	128320
in appropriation items 200901, Property Tax Allocation -	128321
Education, for the homestead exemption and the property tax	128322
rollback payments, and payments required under division (C) of	128323
section 5705.2110 of the Revised Code, which are determined to be	128324
necessary for these purposes, are hereby appropriated.	128325

Section 263.270. TEACHER CERTIFICATION AND LICENSURE

128326

The foregoing appropriation item 200681, Teacher	128327
Certification and Licensure, shall be used by the Department of	128328
Education in each year of the biennium to administer and support	128329
teacher certification and licensure activities.	128330

SCHOOL DISTRICT SOLVENCY ASSISTANCE

128331

(A) Of the foregoing appropriation item 200687, School	128332
District Solvency Assistance, $20,000,000 in each fiscal year	128333
shall be allocated to the School District Shared Resource Account	128334
and $5,000,000 in each fiscal year shall be allocated to the	128335
Catastrophic Expenditures Account. These funds shall be used to	128336
provide assistance and grants to school districts to enable them	128337
to remain solvent under section 3316.20 of the Revised Code.	128338
Assistance and grants shall be subject to approval by the	128339
Controlling Board. Except as provided under division (C) of this	128340
section, any required reimbursements from school districts for	128341
solvency assistance shall be made to the appropriate account in	128342
the School District Solvency Assistance Fund (Fund 5H30).	128343

(B) Notwithstanding any provision of law to the contrary,	128344
upon the request of the Superintendent of Public Instruction, the	128345
Director of Budget and Management may make transfers to the School	128346
District Solvency Assistance Fund (Fund 5H30) from any fund used	128347
by the Department of Education or the General Revenue Fund to	128348
maintain sufficient cash balances in Fund 5H30 in fiscal years	128349
2014 and 2015. Any cash transferred is hereby appropriated. The	128350
transferred cash may be used by the Department of Education to	128351
provide assistance and grants to school districts to enable them	128352
to remain solvent and to pay unforeseeable expenses of a temporary	128353
or emergency nature that the school district is unable to pay from	128354
existing resources. The Director of Budget and Management shall	128355
notify the members of the Controlling Board of any such transfers.	128356

(C) If the cash balance of the School District Solvency	128357
Assistance Fund (Fund 5H30) is insufficient to pay solvency	128358
assistance in fiscal years 2014 and 2015, at the request of the	128359
Superintendent of Public Instruction, and with the approval of the	128360
Controlling Board, the Director of Budget and Management may	128361
transfer cash from the Lottery Profits Education Reserve Fund	128362
(Fund 7018) to Fund 5H30 to provide assistance and grants to	128363
school districts to enable them to remain solvent and to pay	128364
unforeseeable expenses of a temporary nature that they are unable	128365
to pay from existing resources under section 3316.20 of the	128366
Revised Code. Such transfers are hereby appropriated to	128367
appropriation item 200670, School District Solvency Assistance –	128368
Lottery. Any required reimbursements from school districts for	128369
solvency assistance granted from appropriation item 200670, School	128370
District Solvency Assistance – Lottery, shall be made to Fund	128371
7018.	128372

Section 263.280. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

128373

Upon the request of the Superintendent of Public Instruction,	128374
the Director of Budget and Management may transfer up to $750,000	128375
cash in each fiscal year from the General Revenue Fund to the	128376
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	128377
transferred cash is to be used by the Department of Education to	128378
pay the expenses the Department incurs in administering the	128379
Medicaid School Component of the Medicaid program established	128380
under sections 5162.36 to 5162.364 of the Revised Code. On June 1	128381
of each fiscal year, or as soon as possible thereafter, the	128382
Director of Budget and Management shall transfer cash from Fund	128383
3AF0 back to the General Revenue Fund in an amount equal to the	128384
total amount transferred to Fund 3AF0 in that fiscal year.	128385

The money deposited into Fund 3AF0 under division (B) of	128386
section 5162.64 of the Revised Code is hereby appropriated for	128387
fiscal years 2014 and 2015 and shall be used in accordance with	128388
division (C) of section 5162.64 of the Revised Code.	128389

Section 263.290. HALF-MILL MAINTENANCE EQUALIZATION

128390

The foregoing appropriation item 200626, Half-Mill	128391
Maintenance Equalization, shall be used to make payments pursuant	128392
to section 3318.18 of the Revised Code.	128393

Section 263.300. GATES FOUNDATION GRANTS

128394

The foregoing appropriation item 200668, Gates Foundation	128395
Grants, shall be used by the Department of Education to provide	128396
professional development to school district principals,	128397
superintendents, and other administrative staff on the use of	128398
education technology.	128399

Section 263.310. AUXILIARY SERVICES REIMBURSEMENT

128400

Notwithstanding section 3317.064 of the Revised Code, if the	128401
unexpended, unencumbered cash balance is sufficient, the Treasurer	128402
of State shall transfer $1,500,000 in fiscal year 2014 within	128403
thirty days after the effective date of this section, and	128404
$1,500,000 in fiscal year 2015 by August 1, 2014, from the	128405
Auxiliary Services Personnel Unemployment Compensation Fund to the	128406
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	128407
Department of Education.	128408

Section 263.320. LOTTERY PROFITS EDUCATION FUND

128409

Appropriation item 200612, Foundation Funding (Fund 7017),	128410
shall be used in conjunction with appropriation item 200550,	128411
Foundation Funding (GRF), to provide state foundation payments to	128412
school districts.	128413

The Department of Education, with the approval of the	128414
Director of Budget and Management, shall determine the monthly	128415
distribution schedules of appropriation item 200550, Foundation	128416
Funding (GRF), and appropriation item 200612, Foundation Funding	128417
(Fund 7017). If adjustments to the monthly distribution schedule	128418
are necessary, the Department of Education shall make such	128419
adjustments with the approval of the Director of Budget and	128420
Management.	128421

STRAIGHT A FUND

128422

Of the foregoing appropriation item, 200648, Straight A Fund,	128423
up to $375,000 in each fiscal year shall be used to provide	128424
scholarships to parents of high needs children enrolled in the Get	128425
Ready for Kindergarten pilot program. These scholarships shall be	128426
administered as provided under the section of this act entitled	128427
"GET READY FOR KINDERGARTEN."	128428

Of the foregoing appropriation item 200648, Straight A Fund,	128429
up to $500,000 in fiscal year 2014 and up to $3,000,000 in fiscal	128430
year 2015 shall be used for the New Leaders for Ohio Schools Pilot	128431
Project in accordance with Section 733.40 of this act.	128432

The remainder of appropriation item 200648, Straight A Fund,	128433
shall be used to make competitive grants in accordance with	128434
Section 263.325 of this act.	128435

EDCHOICE EXPANSION

128436

The foregoing appropriation item 200666, EdChoice Expansion,	128437
shall be used as follows:	128438

(A) In fiscal year 2014, notwithstanding section 3310.032 of	128439
the Revised Code, the Department of Education shall administer an	128440
expansion of the Educational Choice Scholarship program as	128441
follows:	128442

(1) A student is an "eligible student" for purposes of the	128443
expansion of the Educational Choice Scholarship Pilot Program	128444
under division (A) of this section if the student's resident	128445
district is not a school district in which the pilot project	128446
scholarship program is operating under sections 3313.974 to	128447
3313.979 of the Revised Code and the student's family income is at	128448
or below two hundred per cent of the federal poverty guidelines,	128449
as defined in section 5101.46 of the Revised Code.	128450

(2) The Department shall pay scholarships to attend chartered	128451
nonpublic schools in accordance with section 3310.08 of the	128452
Revised Code. The number of scholarships awarded under division	128453
(A) of this section shall not exceed the number that can be funded	128454
with appropriations made by the general assembly for this purpose.	128455

(3) Scholarships under division (A) of this section shall be	128456
awarded for the 2013-2014 school year, to eligible students who	128457
are entering kindergarten in that school year for the first time.	128458

(4) If the number of eligible students who apply for a	128459
scholarship exceeds the scholarships available based on the	128460
appropriation for division (A) of this section, the department	128461
shall award scholarships in the following order of priority:	128462

(a) First, to eligible students with family incomes at or	128463
below one hundred per cent of the federal poverty guidelines.	128464

(b) Second, to other eligible students who qualify under	128465
division (A) of this section. If the number of students described	128466
in division (A)(4)(b) of this section exceeds the number of	128467
available scholarships after awards are made under division	128468
(A)(4)(a) of this section, the department shall select students	128469
described in division (A)(4)(b) of this section by lot to receive	128470
any remaining scholarships.	128471

(5) A student who receives a scholarship under division (A)	128472
of this section remains an eligible student and may continue to	128473
receive scholarships under section 3310.032 of the Revised Code in	128474
subsequent school years until the student completes grade twelve,	128475
so long as the student satisfies the conditions specified in	128476
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	128477

Once a scholarship is awarded under this section, the student	128478
shall remain eligible for that scholarship for the current and	128479
subsequent school years, even if the student's family income rises	128480
above the amount specified in division (A) of section 3310.032 of	128481
the Revised Code, provided the student remains enrolled in a	128482
chartered nonpublic school.	128483

(B) In fiscal year 2015, to provide for the scholarships	128484
awarded under the expansion of the educational choice program	128485
established under section 3310.032 of the Revised Code. The number	128486
of scholarships awarded under the expansion of the educational	128487
choice program shall not exceed the number that can be funded with	128488
the appropriations made by the General Assembly for this purpose.	128489

COMMUNITY SCHOOL FACILITIES

128490

The foregoing appropriation item 200684, Community School	128491
Facilities, shall be used to pay each community school established	128492
under Chapter 3314. of the Revised Code that is not an internet-	128493
or computer-based community school an amount equal to $100 for	128494
each full-time equivalent pupil for assistance with the cost	128495
associated with facilities. If the amount appropriated is not	128496
sufficient, the Department of Education shall prorate the amounts	128497
so that the aggregate amount appropriated is not exceeded.	128498

Section 263.323. GET READY FOR KINDERGARTEN

128499

(A) A preschool is an "eligible preschool" for the purposes	128500
of this section if the preschool has a quality rating in the top	128501
two tiers of the tiered rating improvement system developed under	128502
division (C)(3)(d) of section 5104.30 of the Revised Code.	128503

(B) The Department of Education shall provide scholarships to	128504
parents of high needs children to enroll in eligible preschools as	128505
defined in division (A) of this section.	128506

(C) Scholarships under this section shall be awarded to	128507
students who are at least age three but are not of compulsory	128508
school age, as defined in section 3321.01 of the Revised Code, and	128509
who are not currently enrolled in kindergarten. Students who	128510
receive scholarships under this section shall enroll in eligible	128511
preschools between July 1, 2013, and December 31, 2013.	128512

Section 263.325. (A) The Straight A Program is hereby created	128513
for fiscal years 2014 and 2015 to provide grants to city, local,	128514
exempted village, and joint vocational school districts,	128515
educational service centers, community schools established under	128516
Chapter 3314., STEM schools established under Chapter 3326.,	128517
college-preparatory boarding schools established under Chapter	128518
3328. of the Revised Code, individual school buildings, and	128519
education consortia (which may represent a partnership among	128520
school districts, school buildings, community schools, or STEM	128521
schools to partner with institutions of higher education and	128522
private entities) for projects that aim to achieve at least the	128523
following goals:	128524

(1) Increased student achievement and progress;

128525

(2) Improved productivity;

128526

(3) Sustainable cost reduction of operations.

128527

(B)(1) Grants shall be awarded by an eight-member governing	128528
board consisting of the Superintendent of Public Instruction, or	128529
the Superintendent's designee, three members appointed by the	128530
Governor, two members appointed by the Speaker of the House of	128531
Representatives, and two members appointed by the President of the	128532
Senate. The Department of Education shall provide administrative	128533
support to the board. No member shall be compensated for the	128534
member's service on the board.	128535

(2) The board may establish an advisory council consisting of	128536
grant advisors with fiscal expertise and education expertise.	128537
These advisors shall evaluate proposals from grant applicants,	128538
consult with the governing board regarding strategic planning, and	128539
advise the staff administering the program. No advisor shall be	128540
compensated for this service.	128541

(3) The board shall issue an annual report to the Governor,	128542
the Speaker of the House of Representatives, the President of the	128543
Senate, and the chairpersons of the House and Senate committees	128544
that primarily deal with education regarding the types of grants	128545
awarded, the grant recipients, and the effectiveness of the grant	128546
program.	128547

(4) The board shall create a grant application and publish on	128548
the Department's web site the application and timeline for the	128549
submission, review, notification, and awarding of grant proposals.	128550

(5) With the approval of the board, the Department shall	128551
establish a system for evaluating and scoring the grant	128552
applications received under this section. The system shall give	128553
priority to applicants whose goals demonstrate particular attempts	128554
in achieving the following:	128555

(a) Cost reduction in the delivery of services;

128556

(b) Progress in improving literacy in grades kindergarten to	128557
three;	128558

(c) Achievement and progress for each subgroup of students	128559
specified under division (A) of section 3317.40 of the Revised	128560
Code;	128561

(d) Improving the performance measures included in the	128562
Prepared for Success components specified under division (B)(2) of	128563
section 3302.03 of the Revised Code;	128564

(e) Utilizing programs recognized as innovative under the	128565
federal Race to the Top program.	128566

(C) Each grant applicant shall submit a proposal that	128567
includes all of the following:	128568

(1) A description of the project for which the applicant is	128569
seeking a grant, including a description of how the project will	128570
have substantial value and lasting impact;	128571

(2) An explanation of how the project will be	128572
self-sustaining. If the project will result in increased ongoing	128573
spending, the applicant shall show how the spending will be offset	128574
by verifiable, credible, permanent spending reductions.	128575

(3) A description of quantifiable results of the project that	128576
can be benchmarked.	128577

If an education consortia described in division (A) of this	128578
section applies for a grant, the lead applicant shall be the	128579
school district, school building, community school, or STEM school	128580
that is a member of the consortia and shall so indicate on the	128581
grant application.	128582

(D)(1) Within seventy-five days after receiving a grant	128583
application, the board shall issue a decision on the application	128584
of "yes," "no," "hold," or "edit." In making its decision, the	128585
board shall consider whether the project has the capability of	128586
being replicated in other school districts and schools or creates	128587
something that can be used in other districts and schools. A grant	128588
awarded under this section to a school district, educational	128589
service center, community school, STEM school, college-preparatory	128590
boarding school, or individual school building shall not exceed	128591
$500,000. A grant awarded to an education consortia shall not	128592
exceed $1,000,000.	128593

(2) If the board issues a "hold" or "edit" decision for an	128594
application, it shall, upon returning the application to the	128595
applicant, specify the process for reconsideration of the	128596
application. An applicant may work with the grant advisors and	128597
staff to modify or improve a grant application.	128598

(E) Upon deciding to award a grant to an applicant, the board	128599
shall enter into a grant agreement with the applicant that	128600
includes all of the following:	128601

(1) The content of the applicant's proposal as outlined under	128602
division (C) of this section;	128603

(2) The project's deliverables and a timetable for their	128604
completion;	128605

(3) Conditions for receiving grant funding;

128606

(4) Conditions for receiving funding in future years if the	128607
contract is a multi-year contract;	128608

(5) A provision specifying that funding will be returned to	128609
the board if the applicant fails to implement the agreement, as	128610
determined by the Auditor of State.	128611

(6) A provision specifying that the agreement may be amended	128612
by mutual agreement between the board and the applicant.	128613

(F) Each grant awarded under this section shall be subject to	128614
approval by the Controlling Board prior to execution of the grant	128615
agreement.	128616

Section 263.330. LOTTERY PROFITS EDUCATION RESERVE FUND

128617

(A) There is hereby created the Lottery Profits Education	128618
Reserve Fund (Fund 7018) in the State Treasury. Investment	128619
earnings of the Lottery Profits Education Reserve Fund shall be	128620
credited to the fund.	128621

(B) Notwithstanding any other provision of law to the	128622
contrary, the Director of Budget and Management may transfer cash	128623
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	128624
in fiscal year 2014 and fiscal year 2015.	128625

(C) On July 15, 2013, or as soon as possible thereafter, the	128626
Director of the Ohio Lottery Commission shall certify to the	128627
Director of Budget and Management the amount by which lottery	128628
profit transfers received by Fund 7017 exceeded $680,500,000 in	128629
fiscal year 2013.	128630

(D) On July 15, 2014, or as soon as possible thereafter, the	128631
Director of the Ohio Lottery Commission shall certify to the	128632
Director of Budget and Management the amount by which lottery	128633
profit transfers received by Fund 7017 exceeded $841,000,000 in	128634
fiscal year 2014.	128635

(E) Notwithstanding any provision of law to the contrary, in	128636
fiscal year 2014 and fiscal year 2015, the Director of Budget and	128637
Management may transfer cash in excess of the amounts necessary to	128638
support appropriations in Fund 7017 from that fund to Fund 7018.	128639

Section 263.340. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	128640
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	128641

Notwithstanding any provision of law to the contrary, in	128642
fiscal year 2014 and fiscal year 2015 the Director of Budget and	128643
Management may make temporary transfers between the General	128644
Revenue Fund and the School District Property Tax Replacement –	128645
Business Fund (Fund 7047), used by the Department of Education, to	128646
ensure sufficient balances in Fund 7047 and to replenish the	128647
General Revenue Fund for such transfers.	128648

Section 263.350. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	128649
BUSINESS	128650

The foregoing appropriation item 200909, School District	128651
Property Tax Replacement – Business, shall be used by the	128652
Department of Education, in consultation with the Department of	128653
Taxation, to make payments to school districts and joint	128654
vocational school districts under section 5751.21 of the Revised	128655
Code. If it is determined by the Director of Budget and Management	128656
that additional appropriations are necessary for this purpose,	128657
such amounts are hereby appropriated.	128658

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

128659

The foregoing appropriation item 200900, School District	128660
Property Tax Replacement-Utility, shall be used by the Department	128661
of Education, in consultation with the Department of Taxation, to	128662
make payments to school districts and joint vocational school	128663
districts under section 5727.85 of the Revised Code. If it is	128664
determined by the Director of Budget and Management that	128665
additional appropriations are necessary for this purpose, such	128666
amounts are hereby appropriated.	128667

DISTRIBUTION FORMULAS

128668

The Department of Education shall report the following to the	128669
Director of Budget and Management and the Legislative Service	128670
Commission:	128671

(A) Changes in formulas for distributing state	128672
appropriations, including administratively defined formula	128673
factors;	128674

(B) Discretionary changes in formulas for distributing	128675
federal appropriations;	128676

(C) Federally mandated changes in formulas for distributing	128677
federal appropriations.	128678

Any such changes shall be reported two weeks prior to the	128679
effective date of the change.	128680

Section 263.360. EDUCATIONAL SERVICE CENTERS FUNDING

128681

In fiscal year 2014, the Department of Education shall pay	128682
the governing board of each primary educational service center	128683
state funds equal to thirty-seven dollars times its student count,	128684
as calculated under division (G)(2) of section 3313.843 of the	128685
Revised Code.	128686

In fiscal year 2015, the Department of Education shall pay	128687
the governing board of each primary educational service center	128688
state funds equal to thirty-five dollars times its student count,	128689
as calculated under division (G)(2) of section 3313.843 of the	128690
Revised Code.	128691

If the amount earmarked for the state reimbursement of	128692
educational service centers in appropriation item 200550,	128693
Foundation Funding, is not sufficient, the Department of Education	128694
shall prorate the payment amounts so that the appropriation is not	128695
exceeded.	128696

Notwithstanding any provision of law to the contrary, the	128697
Department of Education shall modify the payments under this	128698
section as follows:	128699

(A) If an educational service center ceases operation, the	128700
Department shall redistribute that center's funding, as calculated	128701
under this section, to the remaining centers in proportion to each	128702
center's service center ADM as defined in former section 3317.11	128703
of the Revised Code, as that section existed prior to the date of	128704
its repeal.	128705

(B) If two or more educational service centers merge	128706
operations to create a single service center, the Department shall	128707
distribute the sum of the original service centers' funding, as	128708
calculated under this section, to the new service center.	128709

Section 263.370. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	128710
ASSESSMENT OF EDUCATION PROGRESS	128711

The General Assembly intends for the Superintendent of Public	128712
Instruction to provide for school district participation in the	128713
administration of the National Assessment of Education Progress in	128714
accordance with section 3301.27 of the Revised Code. Each school	128715
and school district selected for participation by the	128716
Superintendent of Public Instruction shall participate.	128717

Section 263.373. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	128718
STUDENTS	128719

(A) As used in this section:

128720

(1) "IEP" has the same meaning as in section 3323.01 of the	128721
Revised Code.	128722

(2) "SBH student" means a student receiving special education	128723
and related services for severe behavior disabilities pursuant to	128724
an IEP.	128725

(B) This section applies only to a community school	128726
established under Chapter 3314. of the Revised Code that in each	128727
of fiscal years 2014 and 2015 enrolls a number of SBH students	128728
equal to at least fifty per cent of the total number of students	128729
enrolled in the school in the applicable fiscal year.	128730

(C) In addition to any state foundation payments made, in	128731
each of fiscal years 2014 and 2015, the Department of Education	128732
shall pay to a community school to which this section applies a	128733
subsidy equal to the difference between the aggregate amount	128734
calculated and paid in that fiscal year to the community school	128735
for special education and related services additional weighted	128736
costs for the SBH students enrolled in the school and the	128737
aggregate amount that would have been calculated for the school	128738
for special education and related services additional weighted	128739
costs for those same students in fiscal year 2001. If the	128740
difference is a negative number, the amount of the subsidy shall	128741
be zero.	128742

(D) The amount of any subsidy paid to a community school	128743
under this section shall not be deducted from the school district	128744
in which any of the students enrolled in the community school are	128745
entitled to attend school under section 3313.64 or 3313.65 of the	128746
Revised Code. The amount of any subsidy paid to a community school	128747
under this section shall be paid from funds appropriated to the	128748
Department of Education in appropriation item 200550, Foundation	128749
Funding.	128750

Section 263.380. EARMARK ACCOUNTABILITY

128751

At the request of the Superintendent of Public Instruction,	128752
any entity that receives a budget earmark under the Department of	128753
Education shall submit annually to the chairpersons of the	128754
committees of the House of Representatives and the Senate	128755
primarily concerned with education and to the Department of	128756
Education a report that includes a description of the services	128757
supported by the funds, a description of the results achieved by	128758
those services, an analysis of the effectiveness of the program,	128759
and an opinion as to the program's applicability to other school	128760
districts. For an earmarked entity that received state funds from	128761
an earmark in the prior fiscal year, no funds shall be provided by	128762
the Department of Education to an earmarked entity for a fiscal	128763
year until its report for the prior fiscal year has been	128764
submitted.	128765

Section 263.390. COMMUNITY SCHOOL OPERATING FROM HOME

128766

A community school established under Chapter 3314. of the	128767
Revised Code that was open for operation as a community school as	128768
of May 1, 2005, may operate from or in any home, as defined in	128769
section 3313.64 of the Revised Code, located in the state,	128770
regardless of when the community school's operations from or in a	128771
particular home began.	128772

Section 263.400. USE OF VOLUNTEERS

128773

The Department of Education may utilize the services of	128774
volunteers to accomplish any of the purposes of the Department.	128775
The Superintendent of Public Instruction shall approve for what	128776
purposes volunteers may be used and for these purposes may	128777
recruit, train, and oversee the services of volunteers. The	128778
Superintendent may reimburse volunteers for necessary and	128779
appropriate expenses in accordance with state guidelines and may	128780
designate volunteers as state employees for the purpose of motor	128781
vehicle accident liability insurance under section 9.83 of the	128782
Revised Code, for immunity under section 9.86 of the Revised Code,	128783
and for indemnification from liability incurred in the performance	128784
of their duties under section 9.87 of the Revised Code.	128785

Section 263.410. RESTRICTION OF LIABILITY FOR CERTAIN	128786
REIMBURSEMENTS	128787

(A) Except as expressly required under a court judgment not	128788
subject to further appeals, or a settlement agreement with a	128789
school district executed on or before June 1, 2009, in the case of	128790
a school district for which the formula ADM for fiscal year 2005,	128791
as reported for that fiscal year under division (A) of section	128792
3317.03 of the Revised Code, was reduced based on enrollment	128793
reports for community schools, made under section 3314.08 of the	128794
Revised Code, regarding students entitled to attend school in the	128795
district, which reduction of formula ADM resulted in a reduction	128796
of foundation funding or transitional aid funding for fiscal year	128797
2005, 2006, or 2007, no school district, except a district named	128798
in the court's judgment or the settlement agreement, shall have a	128799
legal claim for reimbursement of the amount of such reduction in	128800
foundation funding or transitional aid funding, and the state	128801
shall not have liability for reimbursement of the amount of such	128802
reduction in foundation funding or transitional aid funding.	128803

(B) As used in this section:

128804

(1) "Community school" means a community school established	128805
under Chapter 3314. of the Revised Code.	128806

(2) "Entitled to attend school" means entitled to attend	128807
school in a school district under section 3313.64 or 3313.65 of	128808
the Revised Code.	128809

(3) "Foundation funding" means payments calculated for the	128810
respective fiscal year under Chapter 3317. of the Revised Code.	128811

(4) "Transitional aid funding" means payments calculated for	128812
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	128813
of the 125th General Assembly, as subsequently amended; Section	128814
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	128815
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	128816
of the 127th General Assembly.	128817

Section 263.420. UNAUDITABLE COMMUNITY SCHOOL

128818

(A) If the Auditor of State or a public accountant, pursuant	128819
to section 117.41 of the Revised Code, declares a community school	128820
established under Chapter 3314. of the Revised Code to be	128821
unauditable, the Auditor of State shall provide written	128822
notification of that declaration to the school, the school's	128823
sponsor, and the Department of Education. The Auditor of State	128824
also shall post the notification on the Auditor of State's web	128825
site.	128826

(B) Notwithstanding any provision to the contrary in Chapter	128827
3314. of the Revised Code or any other provision of law, a sponsor	128828
of a community school that is notified by the Auditor of State	128829
under division (A) of this section that a community school it	128830
sponsors is unauditable shall not enter into contracts with any	128831
additional community schools under section 3314.03 of the Revised	128832
Code until the Auditor of State or a public accountant has	128833
completed a financial audit of that school.	128834

(C) Not later than forty-five days after receiving	128835
notification by the Auditor of State under division (A) of this	128836
section that a community school is unauditable, the sponsor of the	128837
school shall provide a written response to the Auditor of State.	128838
The response shall include the following:	128839

(1) An overview of the process the sponsor will use to review	128840
and understand the circumstances that led to the community school	128841
becoming unauditable;	128842

(2) A plan for providing the Auditor of State with the	128843
documentation necessary to complete an audit of the community	128844
school and for ensuring that all financial documents are available	128845
in the future;	128846

(3) The actions the sponsor will take to ensure that the plan	128847
described in division (C)(2) of this section is implemented.	128848

(D) If a community school fails to make reasonable efforts	128849
and continuing progress to bring its accounts, records, files, or	128850
reports into an auditable condition within ninety days after being	128851
declared unauditable, the Auditor of State, in addition to	128852
requesting legal action under sections 117.41 and 117.42 of the	128853
Revised Code, shall notify the Department of the school's failure.	128854
If the Auditor of State or a public accountant subsequently is	128855
able to complete a financial audit of the school, the Auditor of	128856
State shall notify the Department that the audit has been	128857
completed.	128858

(E) Notwithstanding any provision to the contrary in Chapter	128859
3314. of the Revised Code or any other provision of law, upon	128860
notification by the Auditor of State under division (D) of this	128861
section that a community school has failed to make reasonable	128862
efforts and continuing progress to bring its accounts, records,	128863
files, or reports into an auditable condition following a	128864
declaration that the school is unauditable, the Department shall	128865
immediately cease all payments to the school under Chapter 3314.	128866
of the Revised Code and any other provision of law. Upon	128867
subsequent notification from the Auditor of State under that	128868
division that the Auditor of State or a public accountant was able	128869
to complete a financial audit of the community school, the	128870
Department shall release all funds withheld from the school under	128871
this section.	128872

Section 263.430. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

128873

In collaboration with the County Family and Children First	128874
Council, a city, local, or exempted village school district,	128875
community school, STEM school, joint vocational school district,	128876
educational service center, or county board of developmental	128877
disabilities that receives allocations from the Department of	128878
Education from appropriation item 200550, Foundation Funding, or	128879
appropriation item 200540, Special Education Enhancements, may	128880
transfer portions of those allocations to a flexible funding pool	128881
authorized by the Section of this act entitled "FAMILY AND	128882
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	128883
maintenance of effort or for federal or state funding matching	128884
requirements shall not be transferred unless the allocation may	128885
still be used to meet such requirements.	128886

Section 263.433. The Department of Education shall conduct a	128887
study to determine the appropriate amounts and methods of funding	128888
for each category and sub-category of students identified as	128889
gifted under Chapter 3324. of the Revised Code. Elements of the	128890
study shall include, but not be limited to, costs for effective	128891
and appropriate identification, staffing, professional	128892
development, technology, and materials and supplies at the	128893
district level. In addition, the Department shall determine the	128894
costs of statewide support needed for this population. Not later	128895
than March 31, 2014, the Department shall issue a report of its	128896
findings to the General Assembly in accordance with section 101.68	128897
of the Revised Code.	128898

Section 263.440. The Department of Education shall conduct a	128899
formative evaluation of the Jon Peterson Special Needs Scholarship	128900
Program established under sections 3310.51 to 3310.64 of the	128901
Revised Code and shall report its findings to the General	128902
Assembly, in accordance with section 101.68 of the Revised Code,	128903
not later than December 31, 2014.	128904

In conducting the evaluation, the Department shall to the	128905
extent possible gather comments from parents who have been awarded	128906
scholarships under the program, school district officials,	128907
representatives of registered private providers, educators, and	128908
representatives of educational organizations for inclusion in the	128909
report required under this section.	128910

Section 263.450. (A) The Ohio Open Enrollment Task Force is	128911
hereby established to review and make recommendations on open	128912
enrollment. The Superintendent of Public Instruction shall consult	128913
with the Governor's Office of 21st Century Education to convene a	128914
taskforce that consists of representatives from school districts	128915
that represent all sectors of Ohio's educational community.	128916

(B) The Superintendent shall designate the chairperson of the	128917
Task Force. All meetings of the Task Force shall be held at the	128918
call of the chairperson.	128919

(C) The Task Force shall review and make recommendations	128920
regarding the process by which students may enroll in other school	128921
districts under open enrollment and the funding mechanisms	128922
associated with open enrollment deductions and credits.	128923

(D) Not later than December 31, 2013, the Task Force shall	128924
issue a report of its findings and recommendations to the	128925
Governor, the President of the Senate, and the Speaker of the	128926
House of Representatives. Upon issuance of the report, the Task	128927
Force shall cease to exist.	128928

Section 263.463. (A) In order to implement the transportation	128929
subsidy prescribed by new section 3327.02 of the Revised Code, as	128930
enacted by this act, the Department of Education shall prescribe	128931
procedures and deadlines for parents or students to apply for that	128932
subsidy for the 2014-2015 school year. The application and notice	128933
procedures and deadlines prescribed by the Department shall allow	128934
sufficient time for school district boards of education to take	128935
the exercise of the parent's or student's option to receive the	128936
subsidy, in lieu of transportation, into account when planning	128937
transportation routes and schedules for the 2014-2015 school year.	128938

(B) The State Board of Education shall adopt rules under	128939
Chapter 119. of the Revised Code prescribing procedures necessary	128940
to implement this section and new section 3327.02 of the Revised	128941
Code, as enacted by this act.	128942

Section 263.470. (A) On July 1, 2013, or as soon as possible	128943
thereafter, notwithstanding any provision of law to the contrary,	128944
and if requested by the Department of Education, the Director of	128945
Budget and Management shall make budget changes made necessary by	128946
the transfer of the operations and related management functions of	128947
the eTech Ohio Commission to the Department of Education, if any,	128948
including administrative organization, program transfers, the	128949
creation of new funds, the transfer of state funds, and the	128950
consolidation of funds, as authorized by this section. The	128951
Director of Budget and Management may, if necessary, establish	128952
encumbrances or parts of encumbrances in the fiscal year 2014-2015	128953
biennium in the appropriate fund and appropriation item for the	128954
same purpose and for payment to the same vendor. The established	128955
encumbrances plus any additional amounts determined to be	128956
necessary for the Ohio Department of Education to perform the	128957
operations and related management functions of the eTech Ohio	128958
Commission are hereby appropriated.	128959

(B) Effective July 1, 2013, the Director of Budget and	128960
Management shall cancel any existing encumbrances against	128961
appropriation item 935607, Gates Foundation Grants, and	128962
re-establish them against appropriation item 200668, Gates	128963
Foundation Grants. The re-established encumbrance amounts are	128964
hereby appropriated. Any business commenced but not completed	128965
under appropriation item 935607 by July 1, 2013, shall be	128966
completed under appropriation item 200668 in the same manner and	128967
with the same effect as if it were completed with regard to	128968
appropriation item 935607.	128969

(C) Effective July 1, 2013, the Director of Budget and	128970
Management shall cancel existing encumbrances against	128971
appropriation item 935408, General Operations, and re-establish	128972
them, as determined to be appropriate by the Director of Budget	128973
and Management, against appropriation item 200464, General	128974
Technology Operations. The re-established encumbrance amounts are	128975
hereby appropriated. Any business commenced but not completed	128976
under appropriation item 935408 by July 1, 2013, shall be	128977
completed, as determined to be appropriate by the Director of	128978
Budget and Management, under appropriation item 200464 in the same	128979
manner and with the same effect as if it were completed with	128980
regard to appropriation item 935408.	128981

(D) Effective July 1, 2013, the Director of Budget and	128982
Management shall cancel existing encumbrances against	128983
appropriation item 935411, Technology Integration and Professional	128984
Development, and re-establish them, as determined to be	128985
appropriate by the Director of Budget and Management, against	128986
appropriation item 200465, Technology Integration and Professional	128987
Development. The re-established encumbrance amounts are hereby	128988
appropriated. Any business commenced but not completed under	128989
appropriation item 935411 by July 1, 2013, shall be completed, as	128990
determined to be appropriate by the Director of Budget and	128991
Management, under appropriation item 200465 in the same manner and	128992
with the same effect as if it were completed with regard to	128993
appropriation item 935411.	128994

(E) There is hereby created the Educational Technology	128995
Practice Office as a cross-functional office comprised of	128996
employees of the Ohio Board of Regents and the Department of	128997
Education, including former employees of the eTech Ohio Commission	128998
transferred to the Ohio Board of Regents and the Department of	128999
Education. The Office shall work with educational service centers	129000
and information technology centers to develop digital learning,	129001
blended learning, and professional development materials using	129002
shared infrastructure. The Office shall also evaluate new	129003
educational technology and methodologies of teaching and learning	129004
and work with educators to increase awareness of such new	129005
technology and methodologies shown to be helpful to Ohio students.	129006

Section 263.473. Notwithstanding section 3321.01 of the	129007
Revised Code, no student who has been admitted to and has	129008
successfully completed kindergarten in the 2012-2013 school year	129009
shall be required to repeat kindergarten based solely on the age	129010
of the student.	129011

Section 263.480. PRIVATE TREATMENT FACILITY PROJECT

129012

(A) As used in this section:

129013

(1) The following are "participating residential treatment	129014
centers":	129015

(a) Private residential treatment facilities that have	129016
entered into a contract with the Department of Youth Services to	129017
provide services to children placed at the facility by the	129018
Department and which, in fiscal year 2014 or fiscal year 2015 or	129019
both, the Department pays through appropriation item 470401,	129020
RECLAIM Ohio;	129021

(b) Abraxas, in Shelby;

129022

129023

(d) F.I.R.S.T., in Mansfield.

129024

(2) "Education program" means an elementary or secondary	129025
education program or a special education program and related	129026
services.	129027

(3) "Served child" means any child receiving an education	129028
program pursuant to division (B) of this section.	129029

(4) "School district responsible for tuition" means a city,	129030
exempted village, or local school district that, if tuition	129031
payment for a child by a school district is required under law	129032
that existed in fiscal year 1998, is the school district required	129033
to pay that tuition.	129034

(5) "Residential child" means a child who resides in a	129035
participating residential treatment center and who is receiving an	129036
educational program under division (B) of this section.	129037

(B) A youth who is a resident of the state and has been	129038
assigned by a juvenile court or other authorized agency to a	129039
residential treatment facility specified in division (A) of this	129040
section shall be enrolled in an approved educational program	129041
located in or near the facility. Approval of the educational	129042
program shall be contingent upon compliance with the criteria	129043
established for such programs by the Department of Education. The	129044
educational program shall be provided by a school district or	129045
educational service center, or by the residential facility itself.	129046
Maximum flexibility shall be given to the residential treatment	129047
facility to determine the provider. In the event that a voluntary	129048
agreement cannot be reached and the residential facility does not	129049
choose to provide the educational program, the educational service	129050
center in the county in which the facility is located shall	129051
provide the educational program at the treatment center to	129052
children under twenty-two years of age residing in the treatment	129053
center.	129054

(C) Any school district responsible for tuition for a	129055
residential child shall, notwithstanding any conflicting provision	129056
of the Revised Code regarding tuition payment, pay tuition for the	129057
child for fiscal year 2014 and fiscal year 2015 to the education	129058
program provider and in the amount specified in this division. If	129059
there is no school district responsible for tuition for a	129060
residential child and if the participating residential treatment	129061
center to which the child is assigned is located in the city,	129062
exempted village, or local school district that, if the child were	129063
not a resident of that treatment center, would be the school	129064
district where the child is entitled to attend school under	129065
sections 3313.64 and 3313.65 of the Revised Code, that school	129066
district, notwithstanding any conflicting provision of the Revised	129067
Code, shall pay tuition for the child for fiscal year 2014 and	129068
fiscal year 2015 under this division unless that school district	129069
is providing the educational program to the child under division	129070
(B) of this section.	129071

A tuition payment under this division shall be made to the	129072
school district, educational service center, or residential	129073
treatment facility providing the educational program to the child.	129074

The amount of tuition paid shall be:

129075

(1) The amount of tuition determined for the district under	129076
division (A) of section 3317.08 of the Revised Code;	129077

(2) In addition, for any student receiving special education	129078
pursuant to an individualized education program as defined in	129079
section 3323.01 of the Revised Code, a payment for excess costs.	129080
This payment shall equal the actual cost to the school district,	129081
educational service center, or residential treatment facility of	129082
providing special education and related services to the student	129083
pursuant to the student's individualized education program, minus	129084
the tuition paid for the child under division (C)(1) of this	129085
section.	129086

A school district paying tuition under this division shall	129087
not include the child for whom tuition is paid in the district's	129088
average daily membership certified under division (A) of section	129089
3317.03 of the Revised Code.	129090

(D) In each of fiscal years 2014 and 2015, the Department of	129091
Education shall reimburse, from appropriations made for the	129092
purpose, a school district, educational service center, or	129093
residential treatment facility, whichever is providing the	129094
service, that has demonstrated that it is in compliance with the	129095
funding criteria for each served child for whom a school district	129096
must pay tuition under division (C) of this section. The amount of	129097
the reimbursement shall be the amount appropriated for this	129098
purpose divided by the full-time equivalent number of children for	129099
whom reimbursement is to be made.	129100

(E) Funds provided to a school district, educational service	129101
center, or residential treatment facility under this section shall	129102
be used to supplement, not supplant, funds from other public	129103
sources for which the school district, service center, or	129104
residential treatment facility is entitled or eligible.	129105

(F) The Department of Education shall track the utilization	129106
of funds provided to school districts, educational service	129107
centers, and residential treatment facilities under this section	129108
and monitor the effect of the funding on the educational programs	129109
they provide in participating residential treatment facilities.	129110
The Department shall monitor the programs for educational	129111
accountability.	129112

Section 263.490. (A) The Superintendent of Public Instruction	129113
may establish an academic distress commission for any school	129114
district that is found by the Auditor of State to have knowingly	129115
manipulated student data with evidence of intent to deceive.	129116

Each commission established under this section shall assist	129117
the district for which it was established in improving the	129118
district's academic performance.	129119

Each commission is a body both corporate and politic,	129120
constituting an agency and instrumentality of the state and	129121
performing essential governmental functions of the state. A	129122
commission shall be known as the "academic distress commission for	129123
......... (name of school district)," and, in that name, may	129124
exercise all authority vested in such a commission by this	129125
section. A separate commission shall be established for each	129126
school district to which this section applies.	129127

(B) The academic distress commission shall consist of five	129128
voting members, three of whom shall be appointed by the	129129
Superintendent of Public Instruction and two of whom shall be	129130
residents of the applicable school district appointed by the mayor	129131
of the largest municipal corporation within the district. When a	129132
school district becomes subject to this section, the	129133
Superintendent of Public Instruction shall provide written	129134
notification of that fact to the mayor described in this division	129135
and shall request the mayor to submit to the Superintendent of	129136
Public Instruction, in writing, the names of the mayor's	129137
appointees to the commission. The Superintendent of Public	129138
Instruction and the mayor shall make appointments to the	129139
commission within thirty days after the district is notified that	129140
it is subject to this section.	129141

Members of the commission shall serve at the pleasure of	129142
their appointing authority during the life of the commission. In	129143
the event of the death, resignation, incapacity, removal, or	129144
ineligibility to serve of a member, the appointing authority shall	129145
appoint a successor within fifteen days after the vacancy occurs.	129146
Members shall serve without compensation, but shall be paid by the	129147
commission their necessary and actual expenses incurred while	129148
engaged in the business of the commission.	129149

(C) An academic distress commission established under this	129150
section shall comply with the requirements of divisions (C) to (K)	129151
of section 3302.10 of the Revised Code.	129152

(D) An academic distress commission established under this	129153
section shall cease to exist based on rules adopted by the State	129154
Board of Education. Upon termination of the commission, the	129155
Department of Education shall compile a final report of the	129156
commission's activities to assist other academic distress	129157
commissions in the conduct of their functions.	129158

(E) Not later than ninety days after the effective date of	129159
this section, the State Board shall adopt rules for the	129160
dissolution of an academic distress commission established under	129161
this section.	129162

Section 265.10. ELC OHIO ELECTIONS COMMISSION

129163

General Revenue Fund	129164

GRF	051321		Operating Expenses		$	333,117		$	333,117		129165
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		129166

General Services Fund Group	129167

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	129168
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	129169
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	129170

Section 267.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	129172
DIRECTORS	129173

General Services Fund Group	129174

4K90	881609	Operating Expenses	$	737,000	$	741,000	129175
TOTAL GSF General Services							129176
Fund Group			$	737,000	$	741,000	129177
TOTAL ALL BUDGET FUND GROUPS			$	737,000	$	741,000	129178

Section 269.10. PAY EMPLOYEE BENEFITS FUNDS

129180

Accrued Leave Liability Fund Group	129181

8060	995666	Accrued Leave Fund	$	73,494,242	$	74,964,127	129182
8070	995667	Disability Fund	$	26,593,747	$	27,345,147	129183
TOTAL ALF Accrued Leave Liability							129184
Fund Group			$	100,087,989	$	102,309,274	129185

Agency Fund Group	129186

1240	995673	Payroll Deductions	$	775,712,468		$	814,498,091	129187
8080	995668	State Employee Health Benefit Fund	$	689,654,314		$	758,608,963	129188
8090	995669	Dependent Care Spending Account	$	2,967,711		$	3,116,097	129189
8100	995670	Life Insurance Investment Fund	$	2,143,053		$	2,143,053	129190
8110	995671	Parental Leave Benefit Fund	$	3,668,471		$	3,741,840	129191
8130	995672	Health Care Spending Account	$	8,033,020		$	8,434,671	129192
TOTAL AGY Agency Fund Group			$	1,482,179,037		$	1,590,542,715	129193
					129194

TOTAL ALL BUDGET FUND GROUPS

1,582,267,026

1,692,851,989

129195

ACCRUED LEAVE LIABILITY FUND

129196

The foregoing appropriation item 995666, Accrued Leave Fund,	129197
shall be used to make payments from the Accrued Leave Liability	129198
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	129199
If it is determined by the Director of Budget and Management that	129200
additional amounts are necessary, the amounts are hereby	129201
appropriated.	129202

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

129203

The foregoing appropriation item 995667, Disability Fund,	129204
shall be used to make payments from the State Employee Disability	129205
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	129206
Revised Code. If it is determined by the Director of Budget and	129207
Management that additional amounts are necessary, the amounts are	129208
hereby appropriated.	129209

PAYROLL DEDUCTION FUND

129210

The foregoing appropriation item 995673, Payroll Deductions,	129211
shall be used to make payments from the Payroll Deduction Fund	129212
(Fund 1240) pursuant to section 125.21 of the Revised Code. If it	129213
is determined by the Director of Budget and Management that	129214
additional appropriation amounts are necessary, the amounts are	129215
hereby appropriated.	129216

STATE EMPLOYEE HEALTH BENEFIT FUND

129217

The foregoing appropriation item 995668, State Employee	129218
Health Benefit Fund, shall be used to make payments from the State	129219
Employee Health Benefit Fund (Fund 8080) pursuant to section	129220
124.87 of the Revised Code. If it is determined by the Director of	129221
Budget and Management that additional amounts are necessary, the	129222
amounts are hereby appropriated.	129223

DEPENDENT CARE SPENDING FUND

129224

The foregoing appropriation item 995669, Dependent Care	129225
Spending Account, shall be used to make payments from the	129226
Dependent Care Spending Fund (Fund 8090) to employees eligible for	129227
dependent care expenses pursuant to section 124.822 of the Revised	129228
Code. If it is determined by the Director of Budget and Management	129229
that additional amounts are necessary, the amounts are hereby	129230
appropriated.	129231

LIFE INSURANCE INVESTMENT FUND

129232

The foregoing appropriation item 995670, Life Insurance	129233
Investment Fund, shall be used to make payments from the Life	129234
Insurance Investment Fund (Fund 8100) for the costs and expenses	129235
of the state's life insurance benefit program pursuant to section	129236
125.212 of the Revised Code. If it is determined by the Director	129237
of Budget and Management that additional amounts are necessary,	129238
the amounts are hereby appropriated.	129239

PARENTAL LEAVE BENEFIT FUND

129240

The foregoing appropriation item 995671, Parental Leave	129241
Benefit Fund, shall be used to make payments from the Parental	129242
Leave Benefit Fund (Fund 8110) to employees eligible for parental	129243
leave benefits pursuant to section 124.137 of the Revised Code. If	129244
it is determined by the Director of Budget and Management that	129245
additional amounts are necessary, the amounts are hereby	129246
appropriated.	129247

HEALTH CARE SPENDING ACCOUNT FUND

129248

The foregoing appropriation item 995672, Health Care Spending	129249
Account, shall be used to make payments from the Health Care	129250
Spending Account Fund (Fund 8130) for payments pursuant to state	129251
employees' participation in a flexible spending account for	129252
non-reimbursed health care expenses and section 124.821 of the	129253
Revised Code. If it is determined by the Director of	129254
Administrative Services that additional appropriation amounts are	129255
necessary, the Director of Administrative Services may request	129256
that the Director of Budget and Management increase such amounts.	129257
Such amounts are hereby appropriated.	129258

Section 269.20. CASH TRANSFERS FROM THE COST SAVINGS FUND

129259

On July 1, 2013, or as soon as possible thereafter, the	129260
Director of Budget and Management shall transfer $735,000 cash	129261
from the Cost Savings Fund (Fund 8140) to the Investment Recovery	129262
Fund (Fund 4270) used by the Department of Administrative	129263
Services, and up to $5,200,000 cash from the Cost Savings Fund	129264
(Fund 8140) to the Accrued Leave Fund (Fund 8060) in order to	129265
support accrued leave payouts to state employees who are	129266
participating in an annual leave conversion or who are separating	129267
from state service.	129268

Section 271.10. ERB STATE EMPLOYMENT RELATIONS BOARD

129269

General Revenue Fund	129270

GRF	125321		Operating Expenses		$	3,761,457		$	3,761,457		129271
TOTAL GRF General Revenue Fund					$	3,761,457		$	3,761,457		129272

General Services Fund Group	129273

5720	125603	Training and Publications	$	85,000	$	85,000	129274
TOTAL GSF General Services							129275
Fund Group			$	85,000	$	85,000	129276
TOTAL ALL BUDGET FUND GROUPS			$	3,846,457	$	3,846,457	129277

Section 273.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

129279

General Services Fund Group	129280

4K90	892609	Operating	$	996,938	$	993,889	129281
TOTAL GSF General Services							129282
Fund Group			$	996,938	$	993,889	129283
TOTAL ALL BUDGET FUND GROUPS			$	996,938	$	993,889	129284

Section 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

129286

General Revenue Fund	129287

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		129288
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		129289

General Services Fund Group	129290

1990	715602	Laboratory Services	$	252,153	$	326,029	129291
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	129292
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	129293
4D50	715618	Recycled State Materials	$	50,000	$	50,000	129294
TOTAL GSF General Services							129295
Fund Group			$	13,157,833	$	13,233,709	129296

Federal Special Revenue Fund Group	129297

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	129298
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	129299
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	129300
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	129301
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	129302
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	129303
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	129304
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	129305
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	10,000,000	129306
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	129307
3V70	715606	Agencywide Grants	$	600,000	$	600,000	129308
TOTAL FED Federal Special Revenue							129309
Fund Group			$	46,531,800	$	46,016,675	129310

State Special Revenue Fund Group	129311

4J00	715638	Underground Injection Control	$	389,126	$	402,697	129312
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	129313
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	129314
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	129315
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	129316
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	129317
4P50	715654	Cozart Landfill	$	100,000	$	100,000	129318
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	129319
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	129320
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	129321
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	129322
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	129323
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	129324
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	129325
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	129326
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	129327
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	129328
5420	715671	Risk Management Reporting	$	208,936	$	214,826	129329
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	129330
5BC0	715617	Clean Ohio	$	611,455	$	611,455	129331
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	129332
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	129333
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	129334
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	129335
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	129336
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	129337
5BC0	715678	Corrective Actions	$	705,423	$	705,423	129338
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	129339
5BC0	715692	Administration	$	10,582,627	$	10,582,627	129340
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	129341
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	129342
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	129343
5H40	715664	Groundwater Support	$	128,212	$	223,212	129344
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	129345
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	129346
6600	715629	Infectious Waste Management	$	88,764	$	88,764	129347
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	129348
6780	715635	Air Toxic Release	$	133,636	$	133,636	129349
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	129350
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	129351
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	129352
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	129353
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	129354

Clean Ohio Conservation Fund Group	129355

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	129356
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	129357
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	205,756,723	129358

AREAWIDE PLANNING AGENCIES

129359

The Director of Environmental Protection Agency may award	129360
grants from appropriation item 715687, Areawide Planning Agencies,	129361
to areawide planning agencies engaged in areawide water quality	129362
management and planning activities in accordance with Section 208	129363
of the "Federal Clean Water Act," 33 U.S.C. 1288.	129364

CASH TRANSFERS

129365

On July 1, 2013, or as soon as possible thereafter, the	129366
Director of Budget and Management may transfer up to $11,400,000	129367
cash from the Hazardous Waste Management Fund (Fund 5030) to the	129368
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	129369
corrective action programs that were transferred to the Division	129370
of Environmental Response and Revitalization.	129371

On July 1, 2013, or as soon as possible thereafter, the	129372
Director of Environmental Protection shall certify to the Director	129373
of Budget and Management the cash balance in the Dredge and Fill	129374
Fund (Fund 5N20). The Director of Budget and Management shall	129375
transfer the certified amount from Fund 5N20 to the Surface Water	129376
Protection Fund (Fund 4K40). Any existing encumbrances against	129377
appropriation item 715613, Dredge and Fill, shall be canceled and	129378
reestablished against appropriation item 715650, Surface Water	129379
Protection. The reestablished encumbrance amounts are hereby	129380
appropriated and Fund 5N20 is abolished.	129381

Section 277.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

129382

General Revenue Fund	129383

GRF	172321	Operating Expenses	$	545,530	$	545,530	129384
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	129385
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	129386

Section 278.10. ETC BROADCAST EDUCATIONAL MEDIA COMMISSION

129388

General Revenue Fund	129389

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	129390
GRF	935402	Ohio Government Telecommunications Services	$	1,002,089	$	1,002,089	129391
GRF	935408	General Operations	$	750,000	$	750,000	129392
GRF	935409	Technology Operations	$	2,500,000	$	2,500,000	129393
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	129394
GRF	935412	Information Technology	$	500,000	$	500,000	129395
TOTAL GRF General Revenue Fund			$	7,574,744	$	7,574,744	129396

General Services Fund Group	129397

4F30	935603	Affiliate Services	$	50,000	$	129398
4T20	935605	Government Television/Telecommunications Operating	$	30,000	$	129399
TOTAL GSF General Services Fund Group			$	80,000	$	129400

TOTAL ALL BUDGET FUND GROUPS

7,654,744

7,574,744

129401

Section 278.20. STATEHOUSE NEWS BUREAU

129403

The foregoing appropriation item 935401, Statehouse News	129404
Bureau, shall be used solely to support the operations of the Ohio	129405
Statehouse News Bureau.	129406

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

129407

The foregoing appropriation item 935402, Ohio Government	129408
Telecommunications Services, shall be used solely to support the	129409
operations of Ohio Government Telecommunications Services which	129410
include providing multimedia support to the state government and	129411
its affiliated organizations and broadcasting the activities of	129412
the legislative, judicial, and executive branches of state	129413
government, among its other functions.	129414

TECHNOLOGY OPERATIONS

129415

Of the foregoing appropriation item 935409, Technology	129416
Operations, the Broadcast Educational Media Commission shall	129417
provide up to $1,000,000 in each fiscal year to the Board of	129418
Regents in order for the Board of Regents to provide grants on a	129419
competitive basis to public and chartered nonpublic schools for	129420
their participation in the electronic textbook pilot project.	129421
These grants shall be administered as provided under the section	129422
of this act entitled ELECTRONIC TEXTBOOK PILOT PROJECT. On July 1,	129423
2014, or as soon as possible thereafter, the Chancellor of the	129424
Board of Regents may certify to the Director of Budget and	129425
Management the amount of the unexpended, unencumbered balance of	129426
this set aside at the end of fiscal year 2014 to be appropriated	129427
to fiscal year 2015. The amount certified is hereby reappropriated	129428
for the same purpose for fiscal year 2015.	129429

The remainder of the foregoing appropriation item 935409,	129430
Technology Operations, shall be used by the Broadcast Educational	129431
Media Commission to pay expenses of the network infrastructure,	129432
which includes the television and radio transmission	129433
infrastructure and infrastructure that shall link all public K-12	129434
classrooms to each other and to the Internet, and provide access	129435
to voice, video, other communication services, and data	129436
educational resources for students and teachers.	129437

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

129438

The foregoing appropriation item 935410, Content Development,	129439
Acquisition, and Distribution, shall be used for the development,	129440
acquisition, and distribution of information resources by public	129441
media and radio reading services and for educational use in the	129442
classroom and online.	129443

Of the foregoing appropriation item 935410, Content	129444
Development, Acquisition, and Distribution, up to $658,099 in each	129445
fiscal year shall be allocated equally among the 12 Ohio	129446
educational television stations. Funds shall be used for the	129447
production of interactive instructional programming series with	129448
priority given to resources aligned with state academic content	129449
standards. The programming shall be targeted to the needs of the	129450
poorest two hundred school districts as determined by the	129451
district's adjusted valuation per pupil as defined in former	129452
section 3317.0213 of the Revised Code as that section existed	129453
prior to June 30, 2005.	129454

Of the foregoing appropriation item 935410, Content	129455
Development, Acquisition, and Distribution, up to $1,749,283 in	129456
each fiscal year shall be distributed by the Broadcast Educational	129457
Media Commission to Ohio's qualified public educational television	129458
stations and educational radio stations to support their	129459
operations. The funds shall be distributed pursuant to an	129460
allocation formula used by the Ohio Educational Telecommunications	129461
Network Commission unless a substitute formula is developed by the	129462
Broadcast Educational Media Commission in consultation with Ohio's	129463
qualified public educational television stations and educational	129464
radio stations.	129465

Of the foregoing appropriation item 935410, Content	129466
Development, Acquisition, and Distribution, up to $199,712 in each	129467
fiscal year shall be distributed by the Broadcast Educational	129468
Media Commission to Ohio's qualified radio reading services to	129469
support their operations. The funds shall be distributed pursuant	129470
to an allocation formula used by the Ohio Educational	129471
Telecommunications Network Commission unless a substitute formula	129472
is developed by the Broadcast Educational Media Commission in	129473
consultation with Ohio's qualified radio reading services.	129474

Section 279.10. ETH OHIO ETHICS COMMISSION

129475

General Revenue Fund	129476

GRF	146321		Operating Expenses		$	1,409,751		$	1,381,556		129477
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,381,556		129478

General Services Fund Group	129479

4M60	146601	Operating Expenses	$	636,388	$	641,000	129480
TOTAL GSF General Services							129481
Fund Group			$	636,388	$	641,000	129482
TOTAL ALL BUDGET FUND GROUPS			$	2,046,139	$	2,022,556	129483

Section 281.10. EXP OHIO EXPOSITIONS COMMISSION

129485

General Revenue Fund	129486

GRF	723403		Junior Fair Subsidy		$	250,000		$	250,000		129487
TOTAL GRF General Revenue Fund					$	250,000		$	250,000		129488

State Special Revenue Fund Group	129489

4N20	723602	Ohio State Fair Harness Racing	$	235,000	$	235,000	129490
5060	723601	Operating Expenses	$	12,894,000	$	12,894,000	129491
TOTAL SSR State Special Revenue							129492
Fund Group			$	13,129,000	$	13,129,000	129493
TOTAL ALL BUDGET FUND GROUPS			$	13,379,000	$	13,379,000	129494

STATE FAIR RESERVE

129495

The General Manager of the Expositions Commission, in	129496
consultation with the Director of Budget and Management, may	129497
submit a request to the Controlling Board to use available amounts	129498
in the State Fair Reserve Fund (Fund 6400) if revenues for the	129499
Ohio State Fair for the 2013 or 2014 Ohio State Fair are	129500
unexpectedly low.	129501

Section 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

129502

General Revenue Fund	129503

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	129504
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	129505
GRF	230908	Common Schools General Obligation Debt Service	$	351,806,100	$	377,364,700	129506
TOTAL GRF General Revenue Fund			$	387,408,251	$	409,464,951	129507

General Services Fund Group	129508

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		129509
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		129510

State Special Revenue Fund Group	129511

4T80	230603	Community Project Administration	$	200,000	$	200,000	129512
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	129513
TOTAL SSR State Special Revenue							129514
Fund Group			$	8,750,000	$	8,750,000	129515
TOTAL ALL BUDGET FUND GROUPS			$	405,621,593	$	427,678,293	129516

Section 282.20. LEASE RENTAL PAYMENTS

129518

The foregoing appropriation item 230401, Lease Rental	129519
Payments - Cultural Facilities, shall be used to meet all payments	129520
at the times they are required to be made during the period from	129521
July 1, 2013 through June 30, 2015, from the Ohio Facilities	129522
Construction Commission under the primary leases and agreements	129523
for those arts and sports facilities made under Chapters 152. and	129524
154. of the Revised Code. These appropriations are the source of	129525
funds pledged for bond service charges on related obligations	129526
issued under Chapters 152. and 154. of the Revised Code.	129527

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

129528

The foregoing appropriation item 230908, Common Schools	129529
General Obligation Debt Service, shall be used to pay all debt	129530
service and related financing costs at the times they are required	129531
to be made during the period from July 1, 2013, through June 30,	129532
2015, for obligations issued under sections 151.01 and 151.03 of	129533
the Revised Code.	129534

Section 282.30. COMMUNITY PROJECT ADMINISTRATION

129535

The foregoing appropriation item 230603, Community Project	129536
Administration, shall be used by the Ohio Facilities Construction	129537
Commission in administering Cultural and Sports Facilities	129538
Building Fund (Fund 7030) projects pursuant to section 123.201 of	129539
the Revised Code.	129540

Section 282.40. OPERATING EXPENSES

129541

The foregoing appropriation item 230644, Operating Expenses,	129542
shall be used by the Ohio School Facilities Commission to carry	129543
out its responsibilities under this section and Chapter 3318. of	129544
the Revised Code.	129545

In both fiscal years 2014 and 2015, the Executive Director of	129546
the Ohio School Facilities Commission shall certify on a quarterly	129547
basis to the Director of Budget and Management the amount of cash	129548
from interest earnings to be transferred from the School Building	129549
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	129550
7021), and the Educational Facilities Trust Fund (Fund N087) to	129551
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	129552
transferred from the School Building Assistance Fund (Fund 7032)	129553
may not exceed investment earnings credited to the fund, less any	129554
amount required to be paid for federal arbitrage rebate purposes.	129555

If the Executive Director of the Ohio Facilities Construction	129556
Commission determines that transferring cash from interest	129557
earnings is insufficient to support operations and carry out its	129558
responsibilities under this section and Chapter 3318. of the	129559
Revised Code, the Commission may, with the approval of the	129560
Controlling Board, transfer cash not generated from interest from	129561
the Public School Building Fund (Fund 7021) and the Educational	129562
Trust Fund (Fund N087) to the Ohio School Facilities Commission	129563
Fund (Fund 5E30).	129564

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

129565

At the request of the Executive Director of the Ohio School	129566
Facilities Commission, the Director of Budget and Management may	129567
cancel encumbrances for school district projects from a previous	129568
biennium if the district has not raised its local share of project	129569
costs within thirteen months of receiving Controlling Board	129570
approval under section 3318.05 or 3318.41 of the Revised Code. The	129571
Executive Director of the Ohio School Facilities Commission shall	129572
certify the amounts of the canceled encumbrances to the Director	129573
of Budget and Management on a quarterly basis. The amounts of the	129574
canceled encumbrances are hereby appropriated.	129575

Section 282.50. CAPITAL DONATIONS FUND CERTIFICATIONS AND	129576
APPROPRIATIONS	129577

The Executive Director of the Facilities Construction	129578
Commission shall certify to the Director of Budget and Management	129579
the amount of cash receipts and related investment income,	129580
irrevocable letters of credit from a bank, or certification of the	129581
availability of funds that have been received from a county or a	129582
municipal corporation for deposit into the Capital Donations Fund	129583
(Fund 5A10) and that are related to an anticipated project. These	129584
amounts are hereby appropriated to appropriation item C37146,	129585
Capital Donations. Prior to certifying these amounts to the	129586
Director, the Executive Director shall make a written agreement	129587
with the participating entity on the necessary cash flows required	129588
for the anticipated construction or equipment acquisition project.	129589

Section 282.60. AMENDMENT TO PROJECT AGREEMENT FOR	129590
MAINTENANCE LEVY	129591

The Ohio School Facilities Commission shall amend the project	129592
agreement between the Commission and a school district that is	129593
participating in the Accelerated Urban School Building Assistance	129594
Program on the effective date of this section, if the Commission	129595
determines that it is necessary to do so in order to comply with	129596
division (B)(3)(c) of section 3318.38 of the Revised Code.	129597

Section 282.70. Notwithstanding any other provision of law to	129598
the contrary, the Ohio School Facilities Commission may determine	129599
the amount of funding available for disbursement in a given fiscal	129600
year for any project approved under sections 3318.01 to 3318.20 of	129601
the Revised Code in order to keep aggregate state capital spending	129602
within approved limits and may take actions including, but not	129603
limited to, determining the schedule for design or bidding of	129604
approved projects, to ensure appropriate and supportable cash	129605
flow.	129606

Section 282.80. Notwithstanding division (B) of section	129607
3318.40 of the Revised Code, the Ohio School Facilities Commission	129608
may provide assistance to at least one joint vocational school	129609
district each fiscal year for the acquisition of classroom	129610
facilities in accordance with sections 3318.40 to 3318.45 of the	129611
Revised Code.	129612

Section 282.90. The Ohio Cultural Facilities Commission is	129613
abolished. Except as otherwise provided in this section, all	129614
obligations of the Ohio Cultural Facilities Commission under	129615
agreements to which the Ohio Cultural Facilities Commission is a	129616
party, and all records and assets of the Ohio Cultural Facilities	129617
Commission, including, without limitation, equipment, inventory,	129618
contract rights, accounts, and general intangibles, are	129619
transferred to the Ohio Facilities Construction Commission.	129620

The Ohio Facilities Construction Commission shall designate	129621
the positions, if any, to be transferred to the Ohio Facilities	129622
Construction Commission, along with any equipment assigned to	129623
those positions. Any employee transferred to the Ohio Facilities	129624
Construction Commission retains the employee's respective	129625
classification, but the Ohio Facilities Construction Commission	129626
may reassign and reclassify the employee's position and	129627
compensation as the Ohio Facilities Construction Commission	129628
determines to be in the best interest of office administration.	129629

The Ohio Facilities Construction Commission shall complete	129630
any activities related to the design, planning, construction, and	129631
related management functions commenced but not completed by the	129632
Ohio Cultural Facilities Commission in the same manner and with	129633
the same effect as if the Ohio Cultural Facilities Commission had	129634
completed them. The consolidation of the commissions shall not	129635
cause the loss or impairment of any validation, cure, right,	129636
privilege, remedy, obligation, or liability, which the Ohio	129637
Facilities Construction Commission shall administer.	129638

All rules, orders, and determinations related to the design,	129639
planning, and construction and related management functions of the	129640
Ohio Cultural Facilities Commission continue in effect as rules,	129641
orders, and determinations of the Ohio Facilities Construction	129642
Commission until the Ohio Facilities Construction Commission	129643
modifies or rescinds them. The Director of the Legislative Service	129644
Commission shall renumber the rules of the Ohio Cultural	129645
Facilities Commission related to that commission's design,	129646
planning, and construction and related management functions to	129647
reflect their transfer to the Ohio Facilities Construction	129648
Commission.	129649

The transfer of functions from the Ohio Cultural Facilities	129650
Commission to the Ohio Facilities Construction Commission does not	129651
affect any pending judicial or administrative action or proceeding	129652
to which the Ohio Cultural Facilities Commission is a party and	129653
that is related to that commission's design, planning,	129654
construction, capital funding, or related management functions.	129655
Any such action or proceeding shall be prosecuted or defended in	129656
the name of the Ohio Facilities Construction Commission. On	129657
application to the court or agency, the Ohio Facilities	129658
Construction Commission shall be substituted for the Ohio Cultural	129659
Facilities Commission as a party to the action or proceeding.	129660

Effective July 1, 2013, the Director of Budget and Management	129661
shall cancel any existing encumbrances against appropriation item	129662
371603, Project Administration, and re-establish them against	129663
appropriation item 230603, Community Project Administration. The	129664
re-established encumbrance amounts are hereby appropriated. Any	129665
business commenced but not completed under appropriation item	129666
371603 by July 1, 2013, shall be completed under appropriation	129667
item 230603 in the same manner and with the same effect as if it	129668
were completed with regard to appropriation item 371603.	129669

Funds collected as part of a management contract for the	129670
Riffe Theatres, which previously were deposited in the Ohio	129671
Cultural Facilities Commission Administration Fund (Fund 4T80),	129672
shall be credited to the Theater Equipment Maintenance Fund (Fund	129673
5MV0), which is hereby created in the State Treasury. The Director	129674
of Budget and Management shall transfer from the Ohio Cultural	129675
Facilities Commission Administration Fund to the Theater Equipment	129676
Maintenance Fund any remaining cash balances from funds collected	129677
as part of a management contract for the Riffe Theatres. In order	129678
to facilitate this transfer, the Executive Director of the Ohio	129679
Facilities Construction Commission, by July 1, 2013, or as soon as	129680
possible thereafter, shall certify to the Director of Budget and	129681
Management an estimate of the amount to be transferred. The	129682
Department of Administrative Services shall use appropriation item	129683
100662, Theater Equipment Maintenance, to spend cash in the	129684
Theater Equipment Maintenance Fund (Fund 5MV0).	129685

The Ohio Facilities Construction Commission may enter into an	129686
interagency agreement with the Department of Administrative	129687
Services for the Department to perform any of the functions	129688
transferred to the Ohio Facilities Construction Commission under	129689
this section.	129690

Any reference to the Ohio Cultural Facilities Commission in	129691
any statute, rule, contract, grant, or other document is deemed to	129692
refer to the Ohio Facilities Construction Commission.	129693

The Ohio Facilities Construction Commission, the Ohio Public	129694
Facilities Commission, and the issuing authority of any	129695
obligations issued for the financing of capital facilities for	129696
Ohio cultural facilities and Ohio sports facilities may execute	129697
instruments, documents, and agreements and may take necessary or	129698
appropriate actions to effect the orderly transfer of those	129699
obligations from the Ohio Cultural Facilities Commission to the	129700
Ohio Facilities Construction Commission.	129701

This section takes effect July 1, 2013.

129702

Section 283.10. GOV OFFICE OF THE GOVERNOR

129703

General Revenue Fund	129704

GRF	040321		Operating Expenses		$	2,851,552		$	2,851,552		129705
TOTAL GRF General Revenue Fund					$	2,851,552		$	2,851,552		129706

General Services Fund Group	129707

5AK0	040607		Government Relations		$	365,149		$	365,149		129708
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		129709

TOTAL ALL BUDGET FUND GROUPS

3,216,701

129710

GOVERNMENT RELATIONS

129711

A portion of the foregoing appropriation item 040607,	129712
Government Relations, may be used to support Ohio's membership in	129713
national or regional associations.	129714

The Office of the Governor may charge any state agency of the	129715
executive branch using an intrastate transfer voucher such amounts	129716
necessary to defray the costs incurred for the conduct of	129717
governmental relations associated with issues that can be	129718
attributed to the agency. Amounts collected shall be deposited in	129719
the Government Relations Fund (Fund 5AK0).	129720

Section 285.10. DOH DEPARTMENT OF HEALTH

129721

General Revenue Fund	129722

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	129723
GRF	440413	Local Health Departments	$	823,061	$	823,061	129724
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	129725
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	129726
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	129727
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	129728
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	129729
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	129730
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	129731
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	129732
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	129733
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	129734
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	129735
GRF	440467	Access to Dental Care	$	540,484	$	540,484	129736
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	129737
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	129738
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	129739
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	129740
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	129741
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	129742
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	129743
TOTAL GRF General Revenue Fund			$	88,607,614	$	88,607,614	129744

State Highway Safety Fund Group	129745

4T40	440603	Child Highway Safety	$	233,894	$	233,894	129746
TOTAL HSF State Highway Safety							129747
Fund Group			$	233,894	$	233,894	129748

General Services Fund Group	129749

1420	440646	Agency Health Services	$	820,998	$	820,998	129750
2110	440613	Central Support Indirect Costs	$	30,615,591	$	31,052,469	129751
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	129752
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	129753
6980	440634	Nurse Aide Training	$	99,265	$	99,265	129754
TOTAL GSF General Services							129755
Fund Group			$	37,635,854	$	38,072,732	129756

Federal Special Revenue Fund Group	129757

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	129758
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	129759
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	129760
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	129761
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	129762
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	129763
TOTAL FED Federal Special Revenue							129764
Fund Group			$	455,010,657	$	457,383,142	129765

State Special Revenue Fund Group	129766

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	129767
4710	440619	Certificate of Need	$	878,433	$	878,433	129768
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	129769
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	129770
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	129771
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	129772
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	129773
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	129774
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	129775
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	129776
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	129777
5CN0	440645	Choose Life	$	75,000	$	75,000	129778
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	129779
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	129780
5G40	440639	Adoption Services	$	20,000	$	20,000	129781
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	129782
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	129783
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	129784
TOTAL SSR State Special Revenue							129785
Fund Group			$	68,601,542	$	68,946,022	129786

Holding Account Redistribution Fund Group	129787

R014	440631	Vital Statistics	$	44,986	$	44,986	129788
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	129789
TOTAL 090 Holding Account							129790
Redistribution Fund Group			$	64,986	$	64,986	129791

Tobacco Master Settlement Agreement Fund Group	129792

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	1,450,000	129793
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	1,450,000	129794
TOTAL ALL BUDGET FUND GROUPS			$	651,604,547	$	654,758,390	129795

Section 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

129797

Of the foregoing appropriation item 440416, Mothers and	129798
Children Safety Net Services, $200,000 in each fiscal year shall	129799
be used to assist families with hearing impaired children under	129800
twenty-one years of age in purchasing hearing aids. The Director	129801
of Health shall adopt rules governing the distribution of these	129802
funds, including rules that do both of the following: (1)	129803
establish eligibility criteria to include families with incomes at	129804
or below four hundred per cent of the federal poverty guidelines	129805
as defined in section 5101.46 of the Revised Code, and (2) develop	129806
a sliding scale of disbursements under this section based on	129807
family income. The Director may adopt other rules as necessary to	129808
implement this section. Rules adopted under this section shall be	129809
adopted in accordance with Chapter 119. of the Revised Code.	129810

The Department shall disburse all of the funds appropriated	129811
under this section.	129812

HIV/AIDS PREVENTION/TREATMENT

129813

The foregoing appropriation item 440444, AIDS Prevention and	129814
Treatment, shall be used to assist persons with HIV/AIDS in	129815
acquiring HIV-related medications and to administer educational	129816
prevention initiatives.	129817

PUBLIC HEALTH LABORATORY

129818

A portion of the foregoing appropriation item 440451, Public	129819
Health Laboratory, shall be used for coordination and management	129820
of prevention program operations and the purchase of drugs for	129821
sexually transmitted diseases.	129822

HELP ME GROW

129823

The foregoing appropriation item 440459, Help Me Grow, shall	129824
be used by the Department of Health to implement the Help Me Grow	129825
Program. Funds shall be distributed to counties through	129826
agreements, contracts, grants, or subsidies in accordance with	129827
section 3701.61 of the Revised Code. Appropriation item 440459,	129828
Help Me Grow, may be used in conjunction with other early	129829
childhood funds and services to promote the optimal development of	129830
young children and family-centered programs and services that	129831
acknowledge and support the social, emotional, cognitive,	129832
intellectual, and physical development of children and the vital	129833
role of families in ensuring the well-being and success of	129834
children. The Department of Health shall enter into interagency	129835
agreements with the Department of Education, Department of	129836
Developmental Disabilities, Department of Job and Family Services,	129837
and Department of Mental Health and Addiction Services to ensure	129838
that all early childhood programs and initiatives are coordinated	129839
and school linked.	129840

The foregoing appropriation item 440459, Help Me Grow, may	129841
also be used for the Developmental Autism and Screening Program.	129842

INFANT VITALITY

129843

The foregoing appropriation item 440474, Infant Vitality,	129844
shall be used to fund the following projects, which are hereby	129845
created:	129846

(A) The Infant Safe Sleep Campaign to educate parents and	129847
caregivers with a uniform message regarding safe sleep	129848
environments;	129849

(B) The Progesterone Prematurity Prevention Project to enable	129850
prenatal care providers to identify, screen, treat, and track	129851
outcomes for women eligible for progesterone supplementation; and	129852

(C) The Prenatal Smoking Cessation Project to enable prenatal	129853
care providers who work with women of reproductive age, including	129854
pregnant women, to have the tools, training, and technical	129855
assistance needed to treat smokers effectively.	129856

TARGETED HEALTH CARE SERVICES OVER 21

129857

The foregoing appropriation item 440507, Targeted Health Care	129858
Services Over 21, shall be used to administer the Cystic Fibrosis	129859
Program and to implement the Hemophilia Insurance Premium Payment	129860
Program.	129861

The foregoing appropriation item 440507, Targeted Health Care	129862
Services Over 21, shall also be used to provide essential	129863
medications and to pay the copayments for drugs approved by the	129864
Department of Health and covered by Medicare Part D that are	129865
dispensed to Bureau for Children with Medical Handicaps (BCMH)	129866
participants for the Cystic Fibrosis Program.	129867

The Department shall expend all of these funds.

129868

GENETICS SERVICES

129869

The foregoing appropriation item 440608, Genetics Services	129870
(Fund 4D60), shall be used by the Department of Health to	129871
administer programs authorized by sections 3701.501 and 3701.502	129872
of the Revised Code. None of these funds shall be used to counsel	129873
or refer for abortion, except in the case of a medical emergency.	129874

MEDICALLY HANDICAPPED CHILDREN AUDIT

129875

The Medically Handicapped Children Audit Fund (Fund 4770)	129876
shall receive revenue from audits of hospitals and recoveries from	129877
third-party payers. Moneys may be expended for payment of audit	129878
settlements and for costs directly related to obtaining recoveries	129879
from third-party payers and for encouraging Medically Handicapped	129880
Children's Program recipients to apply for third-party benefits.	129881
Moneys also may be expended for payments for diagnostic and	129882
treatment services on behalf of medically handicapped children, as	129883
defined in division (A) of section 3701.022 of the Revised Code,	129884
and Ohio residents who are twenty-one or more years of age and who	129885
are suffering from cystic fibrosis or hemophilia. Moneys may also	129886
be expended for administrative expenses incurred in operating the	129887
Medically Handicapped Children's Program.	129888

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

129889

The foregoing appropriation item 440607, Medically	129890
Handicapped Children - County Assessments (Fund 6660), shall be	129891
used to make payments under division (E) of section 3701.023 of	129892
the Revised Code.	129893

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	129894
THE TOBACCO USE PREVENTION FUND	129895

On July 1, 2013, or as soon as possible thereafter, the	129896
Director of Budget and Management shall transfer $2,439,230 cash	129897
from the Public Health Priorities Trust Fund (Fund L087) to the	129898
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	129899
needs of the Department of Health's tobacco enforcement and	129900
cessation efforts.	129901

Section 285.30. DEPARTMENT OF HEALTH'S APPROPRIATION ITEM	129902
STRUCTURE	129903

Upon request from the Director of Health, the Director of	129904
Budget and Management may establish new funds, new appropriation	129905
items, and appropriations in order to support the transition to a	129906
new appropriation item structure in the Department of Health's	129907
budget. Also, upon request of the Director of Health, the Director	129908
of Budget and Management may transfer appropriations between GRF	129909
appropriation items, transfer cash between any funds used by the	129910
Department of Health, abolish existing funds used by the	129911
Department of Health, and cancel and reestablish encumbrances. Any	129912
establishment of new funds or appropriation items, any transfers	129913
of appropriations or cash, and any increases in appropriation	129914
under this section are subject to Controlling Board approval.	129915

Section 287.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

129916

Agency Fund Group	129917

4610	372601	Operating Expenses	$	12,500	$	12,500	129918
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	129919
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	129920

Section 289.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

129922

General Revenue Fund	129923

GRF	148100	Personal Services	$	279,998	$	279,998	129924
GRF	148402	Community Programs	$	44,924	$	44,924	129925
TOTAL GRF General Revenue Fund			$	324,922	$	324,922	129926

General Services Fund Group	129927

6010	148602	Special Initiatives	$	24,558	$	24,558	129928
TOTAL GSF General Services							129929
Fund Group			$	24,558	$	24,558	129930
TOTAL ALL BUDGET FUND GROUPS			$	349,480	$	349,480	129931

Section 291.10. OHS OHIO HISTORICAL SOCIETY

129933

General Revenue Fund	129934

GRF	360501	Education and Collections	$	3,618,997	$	3,618,997	129935
GRF	360502	Site and Museum Operations	$	4,426,288	$	4,926,288	129936
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	129937
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	129938
GRF	360506	Hayes Presidential Center	$	309,147	$	309,147	129939
GRF	360508	State Historical Grants	$	400,000	$	400,000	129940
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	129941
TOTAL GRF General Revenue Fund			$	9,549,625	$	10,049,625	129942

Agency Fund Group	129943

5KL0	360602	Ohio History Tax Check-off	$	250,000	$	250,000	129944
TOTAL AGY Agency Fund Group			$	250,000	$	250,000	129945
TOTAL ALL BUDGET FUND GROUPS			$	9,799,625	$	10,299,625	129946

SUBSIDY APPROPRIATION

129947

Upon approval by the Director of Budget and Management, the	129948
foregoing appropriation items shall be released to the Ohio	129949
Historical Society in quarterly amounts that in total do not	129950
exceed the annual appropriations. The funds and fiscal records of	129951
the society for fiscal year 2014 and fiscal year 2015 shall be	129952
examined by independent certified public accountants approved by	129953
the Auditor of State, and a copy of the audited financial	129954
statements shall be filed with the Office of Budget and	129955
Management. The society shall prepare and submit to the Office of	129956
Budget and Management the following:	129957

(A) An estimated operating budget for each fiscal year of the	129958
biennium. The operating budget shall be submitted at or near the	129959
beginning of each calendar year.	129960

(B) Financial reports, indicating actual receipts and	129961
expenditures for the fiscal year to date. These reports shall be	129962
filed at least semiannually during the fiscal biennium.	129963

The foregoing appropriations shall be considered to be the	129964
contractual consideration provided by the state to support the	129965
state's offer to contract with the Ohio Historical Society under	129966
section 149.30 of the Revised Code.	129967

STATE HISTORICAL GRANTS

129968

Of the foregoing appropriation item 360508, State Historical	129969
Grants, $200,000 in each fiscal year shall be used for the	129970
Cincinnati Museum Center, and $200,000 in each fiscal year shall	129971
be used for the Western Reserve Historical Society.	129972

Section 293.10. REP OHIO HOUSE OF REPRESENTATIVES

129974

General Revenue Fund	129975

GRF	025321		Operating Expenses		$	21,031,091		$	21,031,091		129976
TOTAL GRF General Revenue Fund					$	21,031,091		$	21,031,091		129977

General Services Fund Group	129978

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	129979
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	129980
TOTAL GSF General Services							129981
Fund Group			$	1,471,513	$	1,471,513	129982
TOTAL ALL BUDGET FUND GROUPS			$	22,502,604	$	22,502,604	129983

OPERATING EXPENSES

129984

On July 1, 2013, or as soon as possible thereafter, the Chief	129985
Administrative Officer of the House of Representatives may certify	129986
to the Director of Budget and Management the amount of the	129987
unexpended, unencumbered balance of the foregoing appropriation	129988
item 025321, Operating Expenses, at the end of fiscal year 2013 to	129989
be reappropriated to fiscal year 2014. The amount certified is	129990
hereby reappropriated to the same appropriation item for fiscal	129991
year 2014.	129992

On July 1, 2014, or as soon as possible thereafter, the Chief	129993
Administrative Officer of the House of Representatives may certify	129994
to the Director of Budget and Management the amount of the	129995
unexpended, unencumbered balance of the foregoing appropriation	129996
item 025321, Operating Expenses, at the end of fiscal year 2014 to	129997
be reappropriated to fiscal year 2015. The amount certified is	129998
hereby reappropriated to the same appropriation item for fiscal	129999
year 2015.	130000

HOUSE REIMBURSEMENT

130001

If it is determined by the Chief Administrative Officer of	130002
the House of Representatives that additional appropriations are	130003
necessary for the foregoing appropriation item 025601, House	130004
Reimbursement, the amounts are hereby appropriated.	130005

Section 295.10. HFA OHIO HOUSING FINANCE AGENCY

130006

State Special Revenue Fund Group	130007

5AZ0	997601	Housing Finance Agency Personal Services	$	12,156,982	$	12,156,982	130008
TOTAL SSR State Special Revenue Fund Group			$	12,156,982	$	12,156,982	130009
TOTAL ALL BUDGET FUND GROUPS			$	12,156,982	$	12,156,982	130010

Section 297.10. IGO OFFICE OF THE INSPECTOR GENERAL

130012

General Revenue Fund	130013

GRF	965321	Operating Expenses	$	1,175,598	$	1,175,598	130014
GRF	965404	Deputy Inspector General for ARRA	$	475,000	$	350,000	130015
TOTAL GRF General Revenue Fund			$	1,650,598	$	1,525,598	130016

General Services Fund Group	130017

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	130018
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	130019
5GI0	965605	Deputy Inspector General for ARRA	$	25,000	$	0	130020
TOTAL GSF General Services Fund Group			$	850,000	$	825,000	130021
TOTAL ALL BUDGET FUND GROUPS			$	2,500,598	$	2,350,598	130022

Section 299.10. INS DEPARTMENT OF INSURANCE

130024

Federal Special Revenue Fund Group	130025

3EV0	820610	Health Insurance Premium Review	$	1,300,000	$	1,300,000	130026
3U50	820602	OSHIIP Operating Grant	$	1,970,725	$	1,970,725	130027
TOTAL FED Federal Special							130028
Revenue Fund Group			$	3,270,725	$	3,270,725	130029

State Special Revenue Fund Group	130030

5540	820601	Operating Expenses - OSHIIP	$	180,000	$	180,000	130031
5540	820606	Operating Expenses	$	27,570,433	$	24,910,367	130032
5550	820605	Examination	$	8,184,065	$	8,184,065	130033
TOTAL SSR State Special Revenue							130034
Fund Group			$	35,934,498	$	33,274,432	130035
TOTAL ALL BUDGET FUND GROUPS			$	39,205,223	$	36,545,157	130036

MARKET CONDUCT EXAMINATION

130037

When conducting a market conduct examination of any insurer	130038
doing business in this state, the Superintendent of Insurance may	130039
assess the costs of the examination against the insurer. The	130040
superintendent may enter into consent agreements to impose	130041
administrative assessments or fines for conduct discovered that	130042
may be violations of statutes or rules administered by the	130043
Superintendent. All costs, assessments, or fines collected shall	130044
be deposited to the credit of the Department of Insurance	130045
Operating Fund (Fund 5540).	130046

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

130047

The Director of Budget and Management, at the request of the	130048
Superintendent of Insurance, may transfer funds from the	130049
Department of Insurance Operating Fund (Fund 5540), established by	130050
section 3901.021 of the Revised Code, to the Superintendent's	130051
Examination Fund (Fund 5550), established by section 3901.071 of	130052
the Revised Code, only for expenses incurred in examining domestic	130053
fraternal benefit societies as required by section 3921.28 of the	130054
Revised Code.	130055

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

130056

Not later than the thirty-first day of July each fiscal year,	130057
the Director of Budget and Management shall transfer $5,000,000	130058
from the Department of Insurance Operating Fund (Fund 5540) to the	130059
General Revenue Fund.	130060

Section 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

130061

General Revenue Fund	130062

GRF	600321	Program Support	$	31,320,964	$	31,109,751	130063
GRF	600410	TANF State/Maintenance of Effort	$	151,386,934	$	151,386,934	130064
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	130065
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	130066
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	130067
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	130068
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	130069
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	130070
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	130071
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	130072
GRF	600523	Family and Children Services	$	55,605,323	$	54,105,323	130073
GRF	600528	Adoption Services					130074
		State	$	28,623,389	$	28,623,389	130075
		Federal	$	38,202,557	$	38,202,557	130076
		Adoption Services Total	$	66,825,946	$	66,825,946	130077
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	130078
GRF	600534	Adult Protective Services	$	366,003	$	366,003	130079
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	130080
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	130081
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	130082
GRF	655522	Medicaid Program Support - Local	$	31,067,970	$	31,067,970	130083
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	130084
TOTAL GRF General Revenue Fund							130085
		State	$	717,596,118	$	716,096,118	130086
		Federal	$	38,202,557	$	38,202,557	130087
		GRF Total	$	755,798,675	$	754,298,675	130088

General Services Fund Group	130089

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	130090
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	130091
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	130092
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	130093
6130	600645	Training Activities	$	8,100,000	$	92,989	130094
TOTAL GSF General Services							130095
Fund Group			$	124,780,339	$	116,773,328	130096

Federal Special Revenue Fund Group	130097

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	130098
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	130099
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	130100
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	130101
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	130102
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	130103
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	130104
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	130105
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	130106
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	130107
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	130108
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	130109
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	130110
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	130111
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	130112
3S50	600622	Child Support Projects	$	534,050	$	534,050	130113
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	130114
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	130115
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	130116
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	130117
TOTAL FED Federal Special Revenue							130118
Fund Group			$	2,526,972,581	$	2,490,592,049	130119

State Special Revenue Fund Group	130120

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	130121
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	9,006,000	130122
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	130123
4F10	600609	Family and Children Activities	$	683,549	$	683,549	130124
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	130125
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	130126
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	130127
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	130128
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	130129
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	130130
TOTAL SSR State Special Revenue							130131
Fund Group			$	25,063,397	$	25,063,397	130132

Agency Fund Group	130133

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	130134
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	130135
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	130136
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	130137

Holding Account Redistribution Fund Group	130138

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	130139
R013	600644	Forgery Collections	$	10,000	$	10,000	130140
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	130141
TOTAL ALL BUDGET FUND GROUPS			$	3,579,074,992	$	3,533,187,449	130142

Section 301.20. TRANSFER TO STATE AND COUNTY SHARED SERVICES	130144
FUND	130145

Within thirty days of the effective date of this act, or as	130146
soon as possible thereafter, the Director of Budget and Management	130147
shall transfer the cash balance in the County Technologies Fund	130148
(Fund 5N10) to the State and County Shared Services Fund (Fund	130149
5HL0).	130150

Section 301.30. AGENCY AND HOLDING ACCOUNT REDISTRIBUTION	130151
FUND GROUPS	130152

The Agency Fund Group and Holding Account Redistribution Fund	130153
Group shall be used to hold revenues until the appropriate fund is	130154
determined or until the revenues are directed to the appropriate	130155
governmental agency other than the Department of Job and Family	130156
Services. If receipts credited to the Support Intercept – Federal	130157
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	130158
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	130159
Settlements Fund (Fund R012), or the Forgery Collections Fund	130160
(Fund R013) exceed the amounts appropriated from the fund, the	130161
Director of Job and Family Services may request the Director of	130162
Budget and Management to authorize expenditures from the fund in	130163
excess of the amounts appropriated. Upon the approval of the	130164
Director of Budget and Management, the additional amounts are	130165
hereby appropriated.	130166

Section 301.40. COUNTY ADMINISTRATIVE FUNDS

130167

The foregoing appropriation item 600521, Family Assistance -	130168
Local, may be provided to county departments of job and family	130169
services to administer food assistance and disability assistance	130170
programs.	130171

The foregoing appropriation item 655522, Medicaid Program	130172
Support - Local, may be provided to county departments of job and	130173
family services to administer the Medicaid program and the State	130174
Children's Health Insurance program.	130175

At the request of the Director of Job and Family Services,	130176
the Director of Budget and Management may transfer appropriations	130177
between appropriation item 600521, Family Assistance - Local, and	130178
appropriation item 655522, Medicaid Program Support - Local, in	130179
order to ensure county administrative funds are expended from the	130180
proper appropriation item.	130181

Section 301.43. FAMILY AND CHILDREN SERVICES

130182

Of the foregoing appropriation item 600523, Family and	130183
Children Services, $1,500,000 in fiscal year 2014 shall be used to	130184
support the Famicos Foundation.	130185

Section 301.50. FOOD STAMPS TRANSFER

130186

On July 1, 2013, or as soon as possible thereafter, the	130187
Director of Budget and Management may transfer up to $1,000,000	130188
cash from the Supplemental Nutrition Assistance Program Fund (Fund	130189
3840), to the Food Assistance Fund (Fund 5ES0).	130190

Section 301.60. NAME OF FOOD STAMP PROGRAM

130191

The Director of Job and Family Services is not required to	130192
amend rules regarding the Food Stamp Program to change the name of	130193
the program to the Supplemental Nutrition Assistance Program. The	130194
Director may refer to the program as the Food Stamp Program or the	130195
Food Assistance Program in rules and documents of the Department	130196
of Job and Family Services.	130197

Section 301.70. OHIO ASSOCIATION OF FOOD BANKS

130198

The foregoing appropriation item 600540, Food Banks, shall be	130199
used to provide funds to the Ohio Association of Food Banks to	130200
purchase and distribute food products.	130201

Notwithstanding section 5101.46 of the Revised Code and any	130202
other provision in this bill, in addition to funds designated for	130203
the Ohio Association of Food Banks in this section, in fiscal year	130204
2014 and fiscal year 2015, the Director of Job and Family Services	130205
shall provide assistance from eligible funds to the Ohio	130206
Association of Food Banks in an amount up to or equal to the	130207
assistance provided in state fiscal year 2013 from all funds used	130208
by the Department, except the General Revenue Fund.	130209

Eligible nonfederal expenditures made by member food banks of	130210
the Association shall be counted by the Department of Job and	130211
Family Services toward the TANF maintenance of effort requirements	130212
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	130213
shall enter into an agreement with the Ohio Association of Food	130214
Banks, in accordance with sections 5101.80 and 5101.801 of the	130215
Revised Code, to carry out the requirements under this section.	130216

Section 301.80. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

130217

The foregoing appropriation item 600658, Public Assistance	130218
Activities, shall be used by the Department of Job and Family	130219
Services to meet the TANF maintenance of effort requirements of 42	130220
U.S.C. 609(a)(7). When the state is assured that it will meet the	130221
maintenance of effort requirement, the Department of Job and	130222
Family Services may use funds from appropriation item 600658,	130223
Public Assistance Activities, to support public assistance	130224
activities.	130225

Section 301.90. GOVERNOR'S OFFICE OF FAITH-BASED AND	130226
COMMUNITY INITIATIVES	130227

Of the foregoing appropriation item 600689, TANF Block Grant,	130228
up to $6,540,000 in each fiscal year shall be used, in accordance	130229
with sections 5101.80 and 5101.801 of the Revised Code, to provide	130230
support to programs or organizations that provide services that	130231
align with the mission and goals of the Governor's Office of	130232
Faith-Based and Community Initiatives, as outlined in section	130233
107.12 of the Revised Code, and that further at least one of the	130234
four purposes of the TANF program, as specified in 42 U.S.C. 601.	130235

Section 301.100. INDEPENDENT LIVING INITIATIVE

130236

Of the foregoing appropriation item 600689, TANF Block Grant,	130237
up to $2,000,000 in each fiscal year shall be used, in accordance	130238
with sections 5101.80 and 5101.801 of the Revised Code, to support	130239
the Independent Living Initiative, including life skills training	130240
and work supports for older children in foster care and those who	130241
have recently aged out of foster care.	130242

Section 301.110. KINSHIP PERMANENCY INCENTIVE PROGRAM

130243

Of the foregoing appropriation item 600689, TANF Block Grant,	130244
$1,750,000 in each fiscal year shall be used to support the	130245
activities of the Kinship Permanency Incentive Program established	130246
in section 5101.802 of the Revised Code.	130247

Section 301.120. OHIO COMMISSION ON FATHERHOOD

130248

Of the foregoing appropriation item 600689, TANF Block Grant,	130249
$1,000,000 in each fiscal year shall be provided to the Ohio	130250
Commission on Fatherhood.	130251

Section 301.130. DIFFERENTIAL RESPONSE

130252

In accordance with an independent evaluation of the Ohio	130253
Alternative Response Pilot Program that recommended statewide	130254
implementation, the Department of Job and Family Services shall	130255
plan the statewide expansion of the Ohio Alternative Response	130256
Pilot Program on a county by county basis, through a schedule	130257
determined by the Department. The program shall be known as the	130258
"differential response" approach as defined in section 2151.011 of	130259
the Revised Code. Notwithstanding provisions of Chapter 2151. of	130260
the Revised Code that refer to "differential response,"	130261
"traditional response," and "alternative response," those	130262
provisions shall become effective on the scheduled date of	130263
expansion of the differential response approach to that county.	130264
Prior to statewide implementation, the Department may adopt rules	130265
in accordance with Chapter 119. of the Revised Code as necessary	130266
to carry out the purposes of this section.	130267

Section 301.140. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

130268

In collaboration with the county family and children first	130269
council, a county department of job and family services or public	130270
children services agency that receives an allocation from the	130271
Department of Job and Family Services from the foregoing	130272
appropriation item 600523, Children and Families Services, or	130273
600533, Child, Family, and Adult Community & Protective Services,	130274
may transfer a portion of either or both allocations to a flexible	130275
funding pool as authorized by the section of this act titled	130276
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	130277

Section 301.150. CHILD, FAMILY, AND ADULT COMMUNITY AND	130278
PROTECTIVE SERVICES	130279

(A) The foregoing appropriation item 600533, Child, Family,	130280
and Adult Community & Protective Services, shall be distributed to	130281
each county department of job and family services using the	130282
formula the Department of Job and Family Services uses when	130283
distributing Title XX funds to county departments of job and	130284
family services under section 5101.46 of the Revised Code. County	130285
departments shall use the funds distributed to them under this	130286
section as follows, in accordance with the written plan of	130287
cooperation entered into under section 307.983 of the Revised	130288
Code:	130289

(1) To assist individuals achieve or maintain	130290
self-sufficiency, including by reducing or preventing dependency	130291
among individuals with family income not exceeding two hundred per	130292
cent of the federal poverty guidelines;	130293

(2) Subject to division (B) of this section, to respond to	130294
reports of abuse, neglect, or exploitation of children and adults,	130295
including through the differential response approach program	130296
developed under Section 309.50.10 of this act;	130297

(3) To provide outreach and referral services regarding home	130298
and community-based services to individuals at risk of placement	130299
in a group home or institution, regardless of the individuals'	130300
family income and without need for a written application;	130301

(4) To provide outreach, referral, application assistance,	130302
and other services to assist individuals receive assistance,	130303
benefits, or services under Medicaid; Title IV-A programs, as	130304
defined in section 5101.80 of the Revised Code; the Supplemental	130305
Nutrition Assistance Program; and other public assistance	130306
programs.	130307

(B) Protective services may be provided to a child or adult	130308
as part of a response, under division (A)(2) of this section, to a	130309
report of abuse, neglect, or exploitation without regard to a	130310
child or adult's family income and without need for a written	130311
application. The protective services may be provided if the case	130312
record documents circumstances of actual or potential abuse,	130313
neglect, or exploitation.	130314

Section 301.160. CHILDREN AND FAMILY SERVICES ACTIVITIES

130315

The foregoing appropriation item 600609, Children and Family	130316
Services Activities, shall be used to expend miscellaneous	130317
foundation funds and grants to support children and family	130318
services activities.	130319

Section 301.170. ADOPTION ASSISTANCE LOAN

130320

Of the foregoing appropriation item 600634, Adoption	130321
Assistance Loan, the Department of Job and Family Services may use	130322
up to ten per cent for administration of adoption assistance loans	130323
pursuant to section 3107.018 of the Revised Code.	130324

Section 301.173. VICTIMS OF HUMAN TRAFFICKING

130325

The foregoing appropriation item 600660, Victims of Human	130326
Trafficking, shall be used to provide treatment, care,	130327
rehabilitation, education, housing, and assistance for victims of	130328
trafficking in persons as specified in section 5101.87 of the	130329
Revised Code. If receipts credited to the Victims of Human	130330
Trafficking Fund (Fund 5NG0) exceed the amounts appropriated to	130331
the fund, the Director of Job and Family Services may request the	130332
Director of Budget and Management to authorize expenditures from	130333
the fund in excess of the amounts appropriated. Upon the approval	130334
of the Director of Budget and Management, the additional amounts	130335
are hereby appropriated.	130336

Section 301.180. FEDERAL UNEMPLOYMENT PROGRAMS

130337

All unexpended funds remaining at the end of fiscal year 2013	130338
that were appropriated and made available to the state under	130339
section 903(d) of the Social Security Act, as amended, in the	130340
foregoing appropriation item 600678, Federal Unemployment Programs	130341
(Fund 3V40), are hereby appropriated to the Department of Job and	130342
Family Services. Upon the request of the Director of Job and	130343
Family Services, the Director of Budget and Management may	130344
increase the appropriation for fiscal year 2014 by the amount	130345
remaining unspent from the fiscal year 2013 appropriation and may	130346
increase the appropriation for fiscal year 2015 by the amount	130347
remaining unspent from the fiscal year 2014 appropriation. The	130348
appropriation shall be used under the direction of the Department	130349
of Job and Family Services to pay for administrative activities	130350
for the Unemployment Insurance Program, employment services, and	130351
other allowable expenditures under section 903(d) of the Social	130352
Security Act, as amended.	130353

The amounts obligated pursuant to this section shall not	130354
exceed at any time the amount by which the aggregate of the	130355
amounts transferred to the account of the state under section	130356
903(d) of the Social Security Act, as amended, exceeds the	130357
aggregate of the amounts obligated for administration and paid out	130358
for benefits and required by law to be charged against the amounts	130359
transferred to the account of the state.	130360

Section 301.190. UNEMPLOYMENT COMPENSATION INTEREST

130361

The foregoing appropriation item 600695, Unemployment	130362
Compensation Interest, shall be used for payment of interest costs	130363
paid to the United States Secretary of the Treasury for the	130364
repayment of accrued interest related to federal unemployment	130365
account borrowing.	130366

Section 301.200. TRAINING ACTIVITIES

130367

Of the foregoing appropriation item 600645, Training	130368
Activities, $8,000,000 shall be used in fiscal year 2014 for the	130369
Workforce Training Pilot Program for the Economically	130370
Disadvantaged established in Section 751.40 of this act. An amount	130371
equal to the unexpended, unencumbered portion of the foregoing	130372
appropriation item 600645, Training Activities, at the end of	130373
fiscal year 2014 is hereby reappropriated for the same purpose for	130374
fiscal year 2015.	130375

Section 303.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

130376

General Revenue Fund	130377

GRF	029321	Operating Expenses	$	455,858	$	456,376	130378
TOTAL GRF General Revenue Fund			$	455,858	$	456,376	130379
TOTAL ALL BUDGET FUND GROUPS			$	455,858	$	456,376	130380

OPERATING GUIDANCE

130381

The Chief Administrative Officer of the House of	130382
Representatives and the Clerk of the Senate shall determine, by	130383
mutual agreement, which of them shall act as fiscal agent for the	130384
Joint Committee on Agency Rule Review. Members of the Committee	130385
shall be paid in accordance with section 101.35 of the Revised	130386
Code.	130387

OPERATING EXPENSES

130388

On July 1, 2013, or as soon as possible thereafter, the	130389
Executive Director of the Joint Committee on Agency Rule Review	130390
may certify to the Director of Budget and Management the amount of	130391
the unexpended, unencumbered balance of the foregoing	130392
appropriation item 029321, Operating Expenses, at the end of	130393
fiscal year 2013 to be reappropriated to fiscal year 2014. The	130394
amount certified is hereby reappropriated to the same	130395
appropriation item for fiscal year 2014.	130396

On July 1, 2014, or as soon as possible thereafter, the	130397
Executive Director of the Joint Committee on Agency Rule Review	130398
may certify to the Director of Budget and Management the amount of	130399
the unexpended, unencumbered balance of the foregoing	130400
appropriation item 029321, Operating Expenses, at the end of	130401
fiscal year 2014 to be reappropriated to fiscal year 2015. The	130402
amount certified is hereby reappropriated to the same	130403
appropriation item for fiscal year 2015.	130404

Section 305.10. JCO JUDICIAL CONFERENCE OF OHIO

130405

General Revenue Fund	130406

GRF	018321		Operating Expenses		$	824,900		$	847,200		130407
TOTAL GRF General Revenue Fund					$	824,900		$	847,200		130408

General Services Fund Group	130409

4030	018601	Ohio Jury Instructions	$	385,000	$	385,000	130410
TOTAL GSF General Services Fund Group			$	385,000	$	385,000	130411
TOTAL ALL BUDGET FUND GROUPS			$	1,209,900	$	1,232,200	130412

STATE COUNCIL OF UNIFORM STATE LAWS

130413

Notwithstanding section 105.26 of the Revised Code, of the	130414
foregoing appropriation item 018321, Operating Expenses, up to	130415
$84,900 in fiscal year 2014 and up to $88,300 in fiscal year 2015	130416
shall be used to pay the expenses of the State Council of Uniform	130417
State Laws, including membership dues to the National Conference	130418
of Commissioners on Uniform State Laws.	130419

OHIO JURY INSTRUCTIONS FUND

130420

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	130421
grants, royalties, dues, conference fees, bequests, devises, and	130422
other gifts received for the purpose of supporting costs incurred	130423
by the Judicial Conference of Ohio in its activities as a part of	130424
the judicial system of the state as determined by the Judicial	130425
Conference Executive Committee. Fund 4030 shall be used by the	130426
Judicial Conference of Ohio to pay expenses incurred in its	130427
activities as a part of the judicial system of the state as	130428
determined by the Judicial Conference Executive Committee. All	130429
moneys accruing to Fund 4030 in excess of $385,000 in fiscal year	130430
2014 and in excess of $385,000 in fiscal year 2015 are hereby	130431
appropriated for the purposes authorized.	130432

No money in Fund 4030 shall be transferred to any other fund	130433
by the Director of Budget and Management or the Controlling Board.	130434

Section 307.10. JSC THE JUDICIARY/SUPREME COURT

130435

General Revenue Fund	130436

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	138,016,534	$	140,232,737	130437
GRF	005406	Law-Related Education	$	236,172	$	236,172	130438
GRF	005409	Ohio Courts Technology Initiative	$	3,350,000	$	3,350,000	130439
TOTAL GRF General Revenue Fund			$	141,602,706	$	143,818,909	130440

General Services Fund Group	130441

6720	005601		Continuing Judicial Education		$	101,392		$	93,563		130442
TOTAL GSF General Services Fund Group					$	101,392		$	93,563		130443

Federal Special Revenue Fund Group	130444

3J00	005603		Federal Grants		$	1,235,900		$	1,252,600		130445
TOTAL FED Federal Special Revenue Fund Group					$	1,235,900		$	1,252,600		130446

State Special Revenue Fund Group	130447

4C80	005605	Attorney Services	$	3,923,101	$	3,915,721	130448
5HT0	005617	Court Interpreter Certification	$	23,000	$	23,000	130449
5JY0	005620	County Law Library Resources Boards	$	258,000	$	258,000	130450
5T80	005609	Grants and Awards	$	25,000	$	25,000	130451
6A80	005606	Supreme Court Admissions	$	1,283,751	$	1,308,025	130452
TOTAL SSR State Special Revenue Fund Group			$	5,512,852	$	5,529,746	130453
TOTAL ALL BUDGET FUND GROUPS			$	148,452,850	$	150,694,818	130454

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

130455

Of the foregoing appropriation item 005321, Operating	130456
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	130457
year may be used to support the functions of the State Criminal	130458
Sentencing Council.	130459

LAW-RELATED EDUCATION

130460

The foregoing appropriation item 005406, Law-Related	130461
Education, shall be distributed directly to the Ohio Center for	130462
Law-Related Education for the purposes of providing continuing	130463
citizenship education activities to primary and secondary	130464
students, expanding delinquency prevention programs, increasing	130465
activities for at-risk youth, and accessing additional public and	130466
private money for new programs.	130467

OHIO COURTS TECHNOLOGY INITIATIVE

130468

The foregoing appropriation item 005409, Ohio Courts	130469
Technology Initiative, shall be used to fund an initiative by the	130470
Supreme Court to facilitate the exchange of information and	130471
warehousing of data by and between Ohio courts and other justice	130472
system partners through the creation of an Ohio Courts Network,	130473
the delivery of technology services to courts throughout the	130474
state, including the provision of hardware, software, and the	130475
development and implementation of educational and training	130476
programs for judges and court personnel, and operation of the	130477
Commission on Technology and the Courts by the Supreme Court for	130478
the promulgation of statewide rules, policies, and uniform	130479
standards, and to aid in the orderly adoption and comprehensive	130480
use of technology in Ohio courts.	130481

CONTINUING JUDICIAL EDUCATION

130482

The Continuing Judicial Education Fund (Fund 6720) shall	130483
consist of fees paid by judges and court personnel for attending	130484
continuing education courses and other gifts and grants received	130485
for the purpose of continuing judicial education. The foregoing	130486
appropriation item 005601, Continuing Judicial Education, shall be	130487
used to pay expenses for continuing education courses for judges	130488
and court personnel. If it is determined by the Administrative	130489
Director of the Supreme Court that additional appropriations are	130490
necessary, the amounts are hereby appropriated.	130491

No money in Fund 6720 shall be transferred to any other fund	130492
by the Director of Budget and Management or the Controlling Board.	130493
Interest earned on money in Fund 6720 shall be credited to the	130494
fund.	130495

FEDERAL GRANTS

130496

The Federal Grants Fund (Fund 3J00) shall consist of grants	130497
and other moneys awarded to the Supreme Court (The Judiciary) by	130498
the United States Government or other entities that receive the	130499
moneys directly from the United States Government and distribute	130500
those moneys to the Supreme Court (The Judiciary). The foregoing	130501
appropriation item 005603, Federal Grants, shall be used in a	130502
manner consistent with the purpose of the grant or award. If it is	130503
determined by the Administrative Director of the Supreme Court	130504
that additional appropriations are necessary, the amounts are	130505
hereby appropriated.	130506

No money in Fund 3J00 shall be transferred to any other fund	130507
by the Director of Budget and Management or the Controlling Board.	130508
However, interest earned on money in Fund 3J00 shall be credited	130509
or transferred to the General Revenue Fund.	130510

ATTORNEY SERVICES

130511

The Attorney Services Fund (Fund 4C80), formerly known as the	130512
Attorney Registration Fund, shall consist of money received by the	130513
Supreme Court (The Judiciary) pursuant to the Rules for the	130514
Government of the Bar of Ohio. In addition to funding other	130515
activities considered appropriate by the Supreme Court, the	130516
foregoing appropriation item 005605, Attorney Services, may be	130517
used to compensate employees and to fund appropriate activities of	130518
the following offices established by the Supreme Court: the Office	130519
of Disciplinary Counsel, the Board of Commissioners on Grievances	130520
and Discipline, the Clients' Security Fund, and the Attorney	130521
Services Division. If it is determined by the Administrative	130522
Director of the Supreme Court that additional appropriations are	130523
necessary, the amounts are hereby appropriated.	130524

No money in Fund 4C80 shall be transferred to any other fund	130525
by the Director of Budget and Management or the Controlling Board.	130526
Interest earned on money in Fund 4C80 shall be credited to the	130527
fund.	130528

COURT INTERPRETER CERTIFICATION

130529

The Court Interpreter Certification Fund (Fund 5HT0) shall	130530
consist of money received by the Supreme Court (The Judiciary)	130531
pursuant to Rules 80 through 87 of the Rules of Superintendence	130532
for the Courts of Ohio. The foregoing appropriation item 005617,	130533
Court Interpreter Certification, shall be used to provide	130534
training, to provide the written examination, and to pay language	130535
experts to rate, or grade, the oral examinations of those applying	130536
to become certified court interpreters. If it is determined by the	130537
Administrative Director that additional appropriations are	130538
necessary, the amounts are hereby appropriated.	130539

No money in Fund 5HT0 shall be transferred to any other fund	130540
by the Director of Budget and Management or the Controlling Board.	130541
Interest earned on money in Fund 5HT0 shall be credited to the	130542
fund.	130543

COUNTY LAW LIBRARY RESOURCES BOARD

130544

The Statewide Consortium of County Law Library Resources	130545
Boards Fund (Fund 5JY0) shall consist of moneys deposited pursuant	130546
to section 307.515 of the Revised Code into a county's law library	130547
resources fund and forwarded by that county's treasurer for	130548
deposit in the state treasury pursuant to division (E)(1) of	130549
section 3375.481 of the Revised Code. The foregoing appropriation	130550
item 005620, County Law Library Resources Board, shall be used for	130551
the operation of the Statewide Consortium of County Law Library	130552
Resources Boards. If it is determined by the Administrative	130553
Director of the Supreme Court that additional appropriations are	130554
necessary, the amounts are hereby appropriated.	130555

No money in Fund 5JY0 shall be transferred to any other fund	130556
by the Director of Budget and Management or the Controlling Board.	130557
Interest earned on money in Fund 5JY0 shall be credited to the	130558
fund.	130559

GRANTS AND AWARDS

130560

The Grants and Awards Fund (Fund 5T80) shall consist of	130561
grants and other money awarded to the Supreme Court (The	130562
Judiciary) by the State Justice Institute, the Division of	130563
Criminal Justice Services, or other entities. The foregoing	130564
appropriation item 005609, Grants and Awards, shall be used in a	130565
manner consistent with the purpose of the grant or award. If it is	130566
determined by the Administrative Director of the Supreme Court	130567
that additional appropriations are necessary, the amounts are	130568
hereby appropriated.	130569

No money in Fund 5T80 shall be transferred to any other fund	130570
by the Director of Budget and Management or the Controlling Board.	130571
However, interest earned on money in Fund 5T80 shall be credited	130572
or transferred to the General Revenue Fund.	130573

SUPREME COURT ADMISSIONS

130574

The foregoing appropriation item 005606, Supreme Court	130575
Admissions, shall be used to compensate Supreme Court employees	130576
who are primarily responsible for administering the attorney	130577
admissions program under the Rules for the Government of the Bar	130578
of Ohio, and to fund any other activities considered appropriate	130579
by the court. Moneys shall be deposited into the Supreme Court	130580
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	130581
Government of the Bar of Ohio. If it is determined by the	130582
Administrative Director of the Supreme Court that additional	130583
appropriations are necessary, the amounts are hereby appropriated.	130584

No money in Fund 6A80 shall be transferred to any other fund	130585
by the Director of Budget and Management or the Controlling Board.	130586
Interest earned on money in Fund 6A80 shall be credited to the	130587
fund.	130588

Section 309.10. LEC LAKE ERIE COMMISSION

130589

Federal Special Revenue Fund Group	130590

3EP0	780603		Lake Erie Federal Grants		$	25,000		$	0		130591
TOTAL FED Federal Special Revenue Fund Group					$	25,000		$	0		130592

State Special Revenue Fund Group	130593

4C00	780601	Lake Erie Protection Fund	$	200,000	$	200,000	130594
5D80	780602	Lake Erie Resources Fund	$	298,942	$	339,637	130595
TOTAL SSR State Special Revenue							130596
Fund Group			$	498,942	$	539,637	130597
TOTAL ALL BUDGET FUND GROUPS			$	523,942	$	539,637	130598

CASH TRANSFERS TO THE LAKE ERIE RESOURCES FUND

130599

On July 1 of each fiscal year, or as soon as possible	130600
thereafter, the Director of Budget and Management may transfer	130601
cash from the funds specified below, up to the amounts specified	130602
below, to the Lake Erie Resources Fund (Fund 5D80). Fund 5D80 may	130603
accept contributions and transfers made to the fund.	130604

Fund	Fund Name	User	FY 2014	FY 2015	130605
5BC0	Environmental Protection	Environmental Protection Agency	$23,500	$53,500	130606
6690	Pesticide, Fertilizer and Lime	Department of Agriculture	$23,500	$53,500	130607
4700	General Operations	Department of Health	$23,500	$53,500	130608
1570	Central Support Indirect	Department of Natural Resources	$23,500	$53,500	130609

On July 1, 2013, or as soon as possible thereafter, the	130610
Director of Budget and Management may transfer $23,500 cash from a	130611
fund used by the Development Services Agency, as specified by the	130612
Director of Development Services, to Fund 5D80.	130613

On July 1, 2014, or as soon as possible thereafter, the	130614
Director of Budget and Management may transfer $53,500 cash from a	130615
fund used by the Development Services Agency, as specified by the	130616
Director of Development Services, to Fund 5D80.	130617

Section 311.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

130618

General Revenue Fund	130619

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		130620
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		130621

General Services Fund Group	130622

4G70	028601	Joint Legislative Ethics Committee	$	150,000	$	150,000	130623
TOTAL GSF General Services Fund Group			$	150,000	$	150,000	130624
TOTAL ALL BUDGET FUND GROUPS			$	700,000	$	700,000	130625

Section 313.10. LSC LEGISLATIVE SERVICE COMMISSION

130626

General Revenue Fund	130627

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	130628
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	130629
GRF	035405	Correctional Institution Inspection Committee	$	460,845	$	460,845	130630
GRF	035407	Legislative Task Force on Redistricting	$	320,000	$	400,000	130631
GRF	035409	National Associations	$	460,560	$	460,560	130632
GRF	035410	Legislative Information Systems	$	3,861,250	$	3,861,250	130633
GRF	035411	Ohio Constitutional Modernization Commission	$	750,000	$	750,000	130634
TOTAL GRF General Revenue Fund			$	21,992,475	$	22,072,475	130635

General Services Fund Group	130636

4100	035601	Sale of Publications	$	10,000	$	10,000	130637
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	130638
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	130639
TOTAL GSF General Services							130640
Fund Group			$	240,000	$	240,000	130641
TOTAL ALL BUDGET FUND GROUPS			$	22,232,475	$	22,312,475	130642

OPERATING EXPENSES

130643

On July 1, 2013, or as soon as possible thereafter, the	130644
Director of the Legislative Service Commission may certify to the	130645
Director of Budget and Management the amount of the unexpended,	130646
unencumbered balance of the foregoing appropriation item 035321,	130647
Operating Expenses, at the end of fiscal year 2013 to be	130648
reappropriated to fiscal year 2014. The amount certified is hereby	130649
reappropriated to the same appropriation item for fiscal year	130650
2014.	130651

On July 1, 2014, or as soon as possible thereafter, the	130652
Director of the Legislative Service Commission may certify to the	130653
Director of Budget and Management the amount of the unexpended,	130654
unencumbered balance of the foregoing appropriation item 035321,	130655
Operating Expenses, at the end of fiscal year 2014 to be	130656
reappropriated to fiscal year 2015. The amount certified is hereby	130657
reappropriated to the same appropriation item for fiscal year	130658
2015.	130659

LEGISLATIVE TASK FORCE ON REDISTRICTING

130660

An amount equal to the unexpended, unencumbered portion of	130661
the foregoing appropriation item 035407, Legislative Task Force on	130662
Redistricting, at the end of fiscal year 2013 is hereby	130663
reappropriated to the Legislative Service Commission for the same	130664
purpose for fiscal year 2014.	130665

An amount equal to the unexpended, unencumbered portion of	130666
the foregoing appropriation item 035407, Legislative Task Force on	130667
Redistricting, at the end of fiscal year 2014 is hereby	130668
reappropriated to the Legislative Service Commission for the same	130669
purpose for fiscal year 2015.	130670

LEGISLATIVE INFORMATION SYSTEMS

130671

On July 1, 2013, or as soon as possible thereafter, the	130672
Director of the Legislative Service Commission may certify to the	130673
Director of Budget and Management the amount of the unexpended,	130674
unencumbered balance of the foregoing appropriation item 035410,	130675
Legislative Information Systems, at the end of fiscal year 2013 to	130676
be reappropriated to fiscal year 2014. The amount certified is	130677
hereby reappropriated to the same appropriation item for fiscal	130678
year 2014.	130679

On July 1, 2014, or as soon as possible thereafter, the	130680
Director of the Legislative Service Commission may certify to the	130681
Director of Budget and Management the amount of the unexpended,	130682
unencumbered balance of the foregoing appropriation item 035410,	130683
Legislative Information Systems, at the end of fiscal year 2014 to	130684
be reappropriated to fiscal year 2015. The amount certified is	130685
hereby reappropriated to the same appropriation item for fiscal	130686
year 2015.	130687

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

130688

The foregoing appropriation item 035411, Ohio Constitutional	130689
Modernization Commission, shall be used to support the operation	130690
and expenses of the Ohio Constitutional Modernization Commission	130691
under sections 103.61 to 103.67 of the Revised Code.	130692

An amount equal to the unexpended, unencumbered portion of	130693
the foregoing appropriation item 035411, Ohio Constitutional	130694
Modernization Commission, at the end of fiscal year 2013 is hereby	130695
reappropriated to the Legislative Service Commission for the same	130696
purpose for fiscal year 2014.	130697

An amount equal to the unexpended, unencumbered portion of	130698
the foregoing appropriation item 035411, Ohio Constitutional	130699
Modernization Commission, at the end of fiscal year 2014 is hereby	130700
reappropriated to the Legislative Service Commission for the same	130701
purpose for fiscal year 2015.	130702

Section 315.10. LIB STATE LIBRARY BOARD

130703

General Revenue Fund	130704

GRF	350321	Operating Expenses	$	5,057,364	$	5,057,364	130705
GRF	350401	Ohioana Rental Payments	$	120,114	$	120,114	130706
GRF	350502	Regional Library Systems	$	582,469	$	582,469	130707
TOTAL GRF General Revenue Fund			$	5,759,947	$	5,759,947	130708

General Services Fund Group	130709

1390	350602	Intra-Agency Service Charges	$	8,000	$	8,000	130710
4590	350603	Library Service Charges	$	3,237,430	$	3,526,368	130711
4S40	350604	Ohio Public Library Information Network	$	5,689,788	$	5,689,788	130712
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	130713
TOTAL GSF General Services							130714
Fund Group			$	10,209,412	$	10,498,350	130715

Federal Special Revenue Fund Group	130716

3130	350601	LSTA Federal	$	5,303,693	$	5,120,439	130717
TOTAL FED Federal Special Revenue							130718
Fund Group			$	5,303,693	$	5,120,439	130719
TOTAL ALL BUDGET FUND GROUPS			$	21,273,052	$	21,378,736	130720

OHIOANA RENTAL PAYMENTS

130721

The foregoing appropriation item 350401, Ohioana Rental	130722
Payments, shall be used to pay the rental expenses of the Martha	130723
Kinney Cooper Ohioana Library Association under section 3375.61 of	130724
the Revised Code.	130725

REGIONAL LIBRARY SYSTEMS

130726

The foregoing appropriation item 350502, Regional Library	130727
Systems, shall be used to support regional library systems	130728
eligible for funding under sections 3375.83 and 3375.90 of the	130729
Revised Code.	130730

OHIO PUBLIC LIBRARY INFORMATION NETWORK

130731

(A) The foregoing appropriation item 350604, Ohio Public	130732
Library Information Network, shall be used for an information	130733
telecommunications network linking public libraries in the state	130734
and such others as may participate in the Ohio Public Library	130735
Information Network (OPLIN).	130736

The Ohio Public Library Information Network Board of Trustees	130737
created under section 3375.65 of the Revised Code may make	130738
decisions regarding use of the foregoing appropriation item	130739
350604, Ohio Public Library Information Network.	130740

(B) The OPLIN Board shall research and assist or advise local	130741
libraries with regard to emerging technologies and methods that	130742
may be effective means to control access to obscene and illegal	130743
materials. The OPLIN Director shall provide written reports upon	130744
request within ten days to the Governor, the Speaker and Minority	130745
Leader of the House of Representatives, and the President and	130746
Minority Leader of the Senate on any steps being taken by OPLIN	130747
and public libraries in the state to limit and control such	130748
improper usage as well as information on technological, legal, and	130749
law enforcement trends nationally and internationally affecting	130750
this area of public access and service.	130751

(C) The Ohio Public Library Information Network, INFOhio, and	130752
OhioLINK shall, to the extent feasible, coordinate and cooperate	130753
in their purchase or other acquisition of the use of electronic	130754
databases for their respective users and shall contribute funds in	130755
an equitable manner to such effort.	130756

LIBRARY FOR THE BLIND

130757

The foregoing appropriation item 350605, Library for the	130758
Blind, shall be used for the statewide Talking Book Program to	130759
assist the blind and disabled.	130760

TRANSFER TO OPLIN TECHNOLOGY FUND

130761

Notwithstanding sections 5747.03 and 5747.47 of the Revised	130762
Code and any other provision of law to the contrary, in accordance	130763
with a schedule established by the Director of Budget and	130764
Management, the Director of Budget and Management shall transfer	130765
$5,689,788 cash in each fiscal year from the Public Library Fund	130766
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	130767

TRANSFER TO LIBRARY FOR THE BLIND FUND

130768

Notwithstanding sections 5747.03 and 5747.47 of the Revised	130769
Code and any other provision of law to the contrary, in accordance	130770
with a schedule established by the Director of Budget and	130771
Management, the Director of Budget and Management shall transfer	130772
$1,274,194 cash in each fiscal year from the Public Library Fund	130773
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	130774

Section 317.10. LCO LIQUOR CONTROL COMMISSION

130775

State Special Revenue Fund Group	130776

5LP0	970601	Commission Operating Expenses	$	784,376	$	796,368	130777
TOTAL SSR State Special Revenue Fund Group			$	784,376	$	796,368	130778
TOTAL ALL BUDGET FUND GROUPS			$	784,376	$	796,368	130779

Section 319.10. LOT STATE LOTTERY COMMISSION

130781

State Lottery Fund Group	130782

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	130783
7044	950321	Operating Expenses	$	49,778,677	$	51,173,293	130784
7044	950402	Advertising Contracts	$	23,024,080	$	23,024,080	130785
7044	950403	Gaming Contracts	$	63,405,851	$	59,356,988	130786
7044	950601	Direct Prize Payments	$	116,281,000	$	114,779,000	130787
7044	950605	Problem Gambling	$	2,000,000	$	3,000,000	130788
8710	950602	Annuity Prizes	$	79,039,985	$	80,299,167	130789
TOTAL SLF State Lottery Fund							130790
Group			$	335,475,593	$	333,578,528	130791
TOTAL ALL BUDGET FUND GROUPS			$	335,475,593	$	333,578,528	130792

OPERATING EXPENSES

130793

Notwithstanding sections 127.14 and 131.35 of the Revised	130794
Code, the Controlling Board may, at the request of the State	130795
Lottery Commission, authorize expenditures from the State Lottery	130796
Fund in excess of the amounts appropriated, up to a maximum of 10	130797
per cent of anticipated total revenue accruing from the sale of	130798
lottery products. Upon the approval of the Controlling Board, the	130799
additional amounts are hereby appropriated.	130800

DIRECT PRIZE PAYMENTS

130801

Any amounts, in addition to the amounts appropriated in	130802
appropriation item 950601, Direct Prize Payments, that the	130803
Director of the State Lottery Commission determines to be	130804
necessary to fund prizes are hereby appropriated.	130805

ANNUITY PRIZES

130806

Upon request of the State Lottery Commission, the Director of	130807
Budget and Management may transfer cash from the State Lottery	130808
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	130809
an amount sufficient to fund deferred prizes. The Treasurer of	130810
State, from time to time, shall credit the Deferred Prizes Trust	130811
Fund (Fund 8710) the pro rata share of interest earned by the	130812
Treasurer of State on invested balances.	130813

Any amounts, in addition to the amounts appropriated in	130814
appropriation item 950602, Annuity Prizes, that the Director of	130815
the State Lottery Commission determines to be necessary to fund	130816
deferred prizes and interest earnings are hereby appropriated.	130817

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

130818

Estimated transfers from the State Lottery Fund (Fund 7044)	130819
to the Lottery Profits Education Fund (Fund 7017) are to be	130820
$841,000,000 in fiscal year 2014 and $974,500,000 in fiscal year	130821
2015. The Director of Budget and Management shall transfer such	130822
amounts contingent upon the availability of resources. Transfers	130823
from the State Lottery Fund to the Lottery Profits Education Fund	130824
shall represent the estimated net income from operations for the	130825
Commission in fiscal year 2014 and fiscal year 2015. Transfers by	130826
the Director of Budget and Management to the Lottery Profits	130827
Education Fund shall be administered as the statutes direct.	130828

Section 321.10. MHC MANUFACTURED HOMES COMMISSION

130829

General Services Fund Group	130830

4K90	996609	Operating Expenses	$	459,134	$	459,134	130831
TOTAL GSF General Services							130832
Fund Group			$	459,134	$	459,134	130833

State Special Revenue Fund Group	130834

5MC0	996610	Manufactured Homes Regulation	$	747,825	$	747,825	130835
TOTAL SSR State Special Revenue Fund Group			$	747,825	$	747,825	130836
TOTAL ALL BUDGET FUND GROUPS			$	1,206,959	$	1,206,959	130837

Section 323.10. MCD DEPARTMENT OF MEDICAID

130839

General Revenue Fund	130840

GRF	651425	Medicaid Program Support - State	$	149,932,299	$	156,514,636	130841
GRF	651525	Medicaid/Health Care Services					130842
		State	$	4,746,891,777	$	4,990,922,135	130843
		Federal	$	8,999,112,239	$	9,313,588,718	130844
		Medicaid/Health Care Services Total	$	13,746,004,016	$	14,304,510,853	130845
GRF	651526	Medicare Part D	$	308,749,142	$	324,920,518	130846
TOTAL GRF General Revenue Fund							130847
		State	$	5,205,573,218	$	5,472,357,289	130848
		Federal	$	8,999,112,239	$	9,313,588,718	130849
		GRF Total	$	14,204,685,457	$	14,785,946,007	130850

General Services Fund Group	130851

5DL0	651639	Medicaid Services - Recoveries	$	462,900,000	$	514,700,000	130852
5FX0	561638	Medicaid Services - Payment Withholding	$	6,000,000	$	6,000,000	130853
TOTAL GSF General Services Fund Group			$	468,900,000	$	520,700,000	130854

Federal Special Revenue Fund Group	130855

3ER0	651603	Medicaid Health Information Technology	$	123,074,778	$	123,089,606	130856
3F00	651623	Medicaid Services - Federal	$	2,977,109,943	$	3,214,589,109	130857
3F00	651624	Medicaid Program Support - Federal	$	409,446,401	$	409,773,399	130858
3FA0	651680	Health Care Grants - Federal	$	20,000,000	$	20,000,000	130859
3G50	651655	Medicaid Interagency Pass-Through	$	1,712,881,658	$	1,895,403,348	130860
TOTAL FED Federal Special Revenue Fund Group			$	5,242,512,780	$	5,662,855,462	130861

State Special Revenue Fund Group	130862

4E30	651605	Resident Protection Fund	$	2,878,319	$	2,878,319	130863
5AJ0	651631	Money Follows the Person	$	5,555,000	$	4,517,500	130864
5GF0	651656	Medicaid Services - Hospitals/UPL	$	531,273,601	$	531,273,601	130865
5KC0	651682	Health Care Grants - State	$	10,000,000	$	10,000,000	130866
5R20	651608	Medicaid Services - Long Term Care	$	402,000,000	$	402,000,000	130867
5U30	651654	Medicaid Program Support	$	36,205,843	$	35,403,126	130868
6510	651649	Medicaid Services - HCAP	$	215,527,947	$	215,314,482	130869
TOTAL SSR State Special Revenue Fund Group			$	1,203,440,710	$	1,201,387,028	130870

Holding Account Redistribution Fund Group	130871

R055	651644	Refunds and Reconciliations	$	1,000,0000	$	1,000,000	130872
TOTAL 090 Holding Account Redistribution Fund Group			$	1,000,000	$	1,000,000	130873
TOTAL ALL BUDGET FUND GROUPS			$	21,120,538,947	$	22,171,888,497	130874

Section 323.10.10. CREATION OF THE DEPARTMENT OF MEDICAID

130876

(A) As used in this section, "medical assistance program"	130877
means all of the following:	130878

(1) The Medicaid program established by Title XIX of the	130879
"Social Security Act," 42 U.S.C. 1396 et seq.	130880

(2) The Children's Health Insurance Program authorized by	130881
Title XXI of the "Social Security Act," 42 U.S.C. 1397aa et seq.	130882

(3) The Refugee Medical Assistance program authorized by the	130883
"Immigration and Nationality Act," section 412(e), 42 U.S.C.	130884
1522(e).	130885

(B) On July 1, 2013, all of the following apply:

130886

(1) The Department of Medicaid is created.

130887

(2) The Department of Medicaid is to be administered by the	130888
Medicaid Director who is to be appointed by the Governor with the	130889
advice and consent of the Senate.	130890

(3) The Medicaid Director is to hold the Director's office	130891
during the term of the appointing Governor and is subject to	130892
removal at the pleasure of the Governor.	130893

(4) The Medicaid Director is the executive head of the	130894
Department of Medicaid and all duties conferred on the Department	130895
by law or order of the Director are under the Director's control	130896
and shall be performed in accordance with rules the Director	130897
adopts.	130898

(5) The Medicaid Director may appoint such employees as are	130899
necessary for the efficient operation of the Department of	130900
Medicaid and may prescribe the title and duties of the employees.	130901

(6) The Office of Medical Assistance shall cease to exist.

130902

(7) Each reference to the Department or Director of Public	130903
Welfare, Department or Director of Human Services, Department or	130904
Director of Job and Family Services, Office of Medical Assistance,	130905
or Medical Assistance Director in any statute, rule, contract,	130906
grant, or other document is deemed to refer to the Department of	130907
Medicaid or Medicaid Director, as the case may be, to the extent	130908
the reference is about a duty or authority of the Department of	130909
Medicaid or Medicaid Director regarding a medical assistance	130910
program.	130911

(8) Employees of the Office of Medical Assistance are hereby	130912
transferred to the Department of Medicaid. The vehicles and	130913
equipment assigned to the Office's employees are transferred to	130914
the Department.	130915

(9) The assets, liabilities, other equipment not provided	130916
for, and records, irrespective of form or medium, of the Office of	130917
Medical Assistance are transferred to the Department of Medicaid.	130918
The Department is the successor to, assumes the obligations of,	130919
and otherwise constitutes the continuation of, the Office.	130920

(10) Business commenced but not completed on July 1, 2013, by	130921
the Medical Assistance Director, the Office of Medical Assistance,	130922
Director of Job and Family Services, or Department of Job and	130923
Family Services regarding a medical assistance program shall be	130924
completed by the Medicaid Director or Department of Medicaid in	130925
the same manner, and with the same effect, as if completed by the	130926
Medical Assistance Director, Office of Medical Assistance,	130927
Director of Job and Family Services, or Department of Job and	130928
Family Services. No validation, cure, right, privilege, remedy,	130929
obligation, or liability is lost or impaired by reason of the	130930
transfer required by this section but shall be administered by the	130931
Medicaid Director or Department of Medicaid.	130932

(11) For the purpose of the "Social Security Act," section	130933
1902(a)(5), 42 U.S.C. 1396a(a)(5), the Department of Medicaid	130934
shall act as the single state agency to supervise the	130935
administration of the Medicaid program. As the single state	130936
agency, the Department shall comply with 42 C.F.R. 431.10(e) and	130937
all other federal requirements applicable to the single state	130938
agency.	130939

(D) The rules, orders, and determinations pertaining to the	130940
Office of Medical Assistance and Department of Job and Family	130941
Services regarding medical assistance programs continue in effect	130942
as rules, orders, and determinations of the Department of Medicaid	130943
until modified or rescinded by the Department of Medicaid.	130944

(E) No judicial or administrative action or proceeding	130945
pending on July 1, 2013, is affected by the transfer of functions	130946
from the Medical Assistance Director, Office of Medical	130947
Assistance, Director of Job and Family Services, or Department of	130948
Job and Family Services to the Medicaid Director or Department of	130949
Medicaid and shall be prosecuted or defended in the name of the	130950
Medicaid Director or Department of Medicaid. On application to the	130951
court or other tribunal, the Medicaid Director or Department of	130952
Medicaid shall be substituted as a party in such actions and	130953
proceedings.	130954

(F) When the Department of Medicaid created in section 121.02	130955
of the Revised Code comes into effect, it is a continuation of the	130956
Department of Medicaid created in this section.	130957

(G) A portion of the foregoing appropriation items 651425,	130958
Medicaid Program Support – State, 651525, Medicaid/Health Care	130959
Services, 651526, Medicare Part D, 651639, Medicaid Services –	130960
Recoveries, 651638, Medicaid Services - Payment Withholding,	130961
651603, Medicaid Health Information Technology, 651623, Medicaid	130962
Services – Federal, 651624, Medicaid Program Support – Federal,	130963
651680 Health Care Grants – Federal, 651655, Medicaid Interagency	130964
Pass-Through, 651605, Resident Protection Fund, 651631, Money	130965
Follows the Person, 651656, Medicaid Services – Hospitals/UPL,	130966
651682, Health Care Grants – State, 651608, Medicaid Services –	130967
Long Term Care, 651654, Medicaid Program Support, 651649, Medicaid	130968
Services – HCAP, 651644, Refunds and Reconciliations, and 651612,	130969
Managed Care Performance Payments, may be used to pay for Medicaid	130970
services and costs associated with the administration of the	130971
Medicaid program.	130972

Section 323.10.20. TRANSFER OF ENCUMBRANCES AND RECEIVABLES

130973

On July 1, 2013, or as soon as possible thereafter, the	130974
Medicaid Director shall certify to the Director of Budget and	130975
Management all medical assistance-related encumbrances held by the	130976
Department of Job and Family Services, and specify which of those	130977
encumbrances are requested to be transferred to the Department of	130978
Medicaid. The Director of Budget and Management may cancel any	130979
existing encumbrances, as certified by the Medicaid Director, and	130980
reestablish them in the Department of Medicaid. The reestablished	130981
encumbrance amounts are hereby appropriated. Any business	130982
commenced, but not completed, with regard to the encumbrances	130983
certified shall be completed by the Department of Medicaid in the	130984
same manner and with the same effect as if it were completed by	130985
the Department of Job and Family Services.	130986

On July 1, 2013, or as soon as possible thereafter, the	130987
Medicaid Director shall certify to the Director of Budget and	130988
Management all medical assistance-related receivables held by the	130989
Department of Job and Family Services, and specify which of those	130990
receivables are requested to be transferred to the Department of	130991
Medicaid. The Director of Budget and Management may cancel any	130992
existing receivables as certified by the Medicaid Director and	130993
reestablish them in the Department of Medicaid.	130994

A portion of the foregoing appropriation items 651425,	130995
Medicaid Program Support – State, 651525, Medicaid/Health Care	130996
Services, 651639, Medicaid Services – Recoveries, 651638, Medicaid	130997
Services-Payment Withholding, 651624, Medicaid Program Support –	130998
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	130999
Interagency Pass-Through, 651605, Resident Protection Fund,	131000
651631, Money Follows the Person, 651656, Medicaid Services –	131001
Hospitals/UPL, 651682, Health Care Grants – State, 651608,	131002
Medicaid Services – Long Term Care, 651654, Medicaid Program	131003
Support, and 651649, Medicaid Services – HCAP, may be used to pay	131004
for medical assistance services and costs associated with the	131005
administration of the Medicaid program.	131006

Section 323.10.30. TEMPORARY AUTHORITY REGARDING EMPLOYEES

131007

(A) As used in this section, "medical assistance program" has	131008
the same meaning as in the section of this act titled "CREATION OF	131009
THE DEPARTMENT OF MEDICAID."	131010

(B) During the period beginning July 1, 2013, and ending June	131011
30, 2015, all of the following apply:	131012

(1) The Medicaid Director has the authority to establish,	131013
change, and abolish positions for the Department of Medicaid, and	131014
to assign, reassign, classify, reclassify, transfer, reduce,	131015
promote, or demote all employees of the Department of Medicaid who	131016
are not subject to Chapter 4117. of the Revised Code.	131017

(2) As part of the transfer of medical assistance programs to	131018
the Department of Medicaid, the Director of Job and Family	131019
Services has the authority to establish, change, and abolish	131020
positions for the Department of Job and Family Services, and to	131021
assign, reassign, classify, reclassify, transfer, reduce, promote,	131022
or demote all employees of the Department of Job and Family	131023
Services who are not subject to Chapter 4117. of the Revised Code.	131024

(C) The authority granted under division (B) of this section	131025
includes assigning or reassigning an exempt employee, as defined	131026
in section 124.152 of the Revised Code, to a bargaining unit	131027
classification if the Medicaid Director or Director of Job and	131028
Family Services determines that the bargaining unit classification	131029
is the proper classification for that employee. The actions of the	131030
Medicaid Director or Director of Job and Family Services shall be	131031
consistent with the requirements of 5 C.F.R. 900.603 for those	131032
employees subject to such requirements. If an employee in the E-1	131033
pay range is to be assigned, reassigned, classified, reclassified,	131034
transferred, reduced, or demoted to a position in a lower	131035
classification during the period specified in this section, the	131036
Medicaid Director or Director of Job and Family Services, or in	131037
the case of a transfer outside the Department of Medicaid or	131038
Department of Job and Family Services, the Director of	131039
Administrative Services, shall assign the employee to the	131040
appropriate classification and place the employee in Step X. The	131041
employee shall not receive any increase in compensation until the	131042
maximum rate of pay for that classification exceeds the employee's	131043
compensation.	131044

(D) Actions taken by the Medicaid Director, Director of Job	131045
and Family Services, and Director of Administrative Services	131046
pursuant to this section are not subject to appeal to the State	131047
Personnel Board of Review.	131048

(E) A portion of the foregoing appropriation items 651425,	131049
Medicaid Program Support – State, 651603, Medicaid Health	131050
Information Technology, 651624, Medicaid Program Support –	131051
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	131052
Interagency Pass-Through, 651605, Resident Protection Fund,	131053
651631, Money Follows the Person, 651682, Health Care Grants –	131054
State, and 651654, Medicaid Program Support, may be used to pay	131055
for costs associated with the administration of the Medicaid	131056
program, including the assignment, reassignment, classification,	131057
reclassification, transfer, reduction, promotion, or demotion of	131058
employees authorized by this section.	131059

Section 323.10.40. STAFF TRAINING REGARDING TRANSFERS

131060

As used in this section, "medical assistance program" has the	131061
same meaning as in the section of this act titled "CREATION OF THE	131062
DEPARTMENT OF MEDICAID."	131063

The Medicaid Director and Director of Job and Family Services	131064
may jointly or separately enter into one or more contracts with	131065
public or private entities for staff training and development to	131066
facilitate the transfer of the staff and duties regarding medical	131067
assistance programs to the Department of Medicaid. Division (B) of	131068
section 127.16 of the Revised Code does not apply to contracts	131069
entered into under this section.	131070

A portion of the foregoing appropriation items 651425,	131071
Medicaid Program Support – State, 651624, Medicaid Program Support	131072
– Federal, 651680, Health Care Grants – Federal, 651605, Resident	131073
Protection Fund, 651631, Money Follows the Person, and 651654,	131074
Medicaid Program Support, may be used to pay for costs associated	131075
with the administration of the Medicaid program, including staff	131076
training authorized under this section.	131077

Section 323.10.50. CREATION OF THE DEPARTMENT OF MEDICAID NOT	131078
A COLLECTIVE BARGAINING SUBJECT	131079

As used in this section, "medical assistance program" has the	131080
same meaning as in the section of this act titled "CREATION OF THE	131081
DEPARTMENT OF MEDICAID."	131082

Notwithstanding sections 4117.08 and 4117.10 of the Revised	131083
Code, this act's creation of the Department of Medicaid and	131084
reassignment of the functions and duties of the Office of Medical	131085
Assistance regarding medical assistance programs are not	131086
appropriate subjects for collective bargaining under Chapter 4117.	131087
of the Revised Code.	131088

A portion of the foregoing appropriation items 651425,	131089
Medicaid Program Support – State, 651624, Medicaid Program Support	131090
– Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	131091
Interagency Pass-Through, 651605, Resident Protection Fund,	131092
651631, Money Follows the Person, 651682, Health Care Grants –	131093
State, and 651654, Medicaid Program Support, may be used to pay	131094
for costs associated with the administration of the Medicaid	131095
program, including the reassignment of functions and duties	131096
related to the transition of the Office of Medical Assistance into	131097
the Department of Medicaid.	131098

Section 323.10.60. NEW AND AMENDED GRANT AGREEMENTS

131099

(A) As used in this section:

131100

(1) "Grant agreement" has the same meaning as in section	131101
5101.21 of the Revised Code.	131102

(2) "Medical assistance program" has the same meaning as in	131103
the section of this act titled "CREATION OF THE DEPARTMENT OF	131104
MEDICAID."	131105

(B) The Director of Job and Family Services and boards of	131106
county commissioners may enter into negotiations to amend an	131107
existing grant agreement or to enter into a new grant agreement	131108
regarding the transfer of medical assistance programs to the	131109
Department of Medicaid. Any such amended or new grant agreement	131110
shall be drafted in the name of the Department of Job and Family	131111
Services. The amended or new grant agreement may be executed	131112
before July 1, 2013, if the amendment or agreement does not become	131113
effective sooner than that date.	131114

(C) A portion of the foregoing appropriation items 651525,	131115
Health Care/Medicaid Services, 651603, Medicaid Health Information	131116
Technology, 651623, Medicaid Services – Federal, 651624, Medicaid	131117
Program Support – Federal, 651680, Health Care Grants – Federal,	131118
and 651682, Health Care Grants - State, may be used to pay for	131119
Medicaid services and costs associated with the administration of	131120
the Medicaid program.	131121

Section 323.10.70. LSC TO RENUMBER ADMINISTRATIVE RULES

131122

On and after October 1, 2013, if necessary to ensure the	131123
integrity of the numbering of the Administrative Code, the	131124
Director of the Legislative Service Commission shall renumber the	131125
rules of the Office of Medical Assistance within the Department of	131126
Job and Family Services to reflect its transfer to the Department	131127
of Medicaid.	131128

Section 323.20. MEDICAID/HEALTH CARE SERVICES

131129

The foregoing appropriation item 651525, Medicaid/Health Care	131130
Services, shall not be limited by section 131.33 of the Revised	131131
Code.	131132

Section 323.23. PROPOSAL TO REFORM MEDICAID AND OHIO'S HEALTH	131133
CARE DELIVERY SYSTEM	131134

(A) Legislation shall be introduced in the House of	131135
Representatives to reform the Medicaid program and Ohio's health	131136
care delivery system. The Director of the Governor's Office of	131137
Health Transformation and the Medicaid Director shall provide	131138
assistance in developing the legislation. The legislation shall	131139
include, but not be limited to, all of the following:	131140

(1) A focus on individuals who have the greatest potential to	131141
obtain the income and resources that would enable them to cease	131142
enrollment in Medicaid and instead obtain health care coverage	131143
through employer-sponsored health insurance or the health	131144
insurance marketplace;	131145

(2) Strategies to lower Medicaid caseloads by promoting	131146
employment-related services available under Medicaid, including	131147
Medicaid managed care, and promoting other programs that offer	131148
workforce readiness, educational, and wellness services;	131149

(3) Provisions that seek to do both of the following:

131150

(a) Lower net state and federal costs for the Medicaid	131151
program;	131152

(b) Reduce the number of individuals who enroll in Medicaid	131153
over time.	131154

(B) The legislation may call for amending the state Medicaid	131155
plan, obtaining a waiver under the "Social Security Act," section	131156
1115, 42 U.S.C. 1315, or a combination of the two. Subject to	131157
division (c) of this section, the Medicaid Director may submit to	131158
the United States Department of Health and Human Services a state	131159
Medicaid plan amendment, a request for a section 1115 waiver, or a	131160
combination of the two.	131161

(C) Not sooner than September 15, 2013, and not later than	131162
October 1, 2013, the Directors shall submit to the General	131163
Assembly the terms of any federal approval obtained for the	131164
reform. The Directors shall not begin implementation of the reform	131165
unless the General Assembly enacts legislation authorizing	131166
implementation. If the General Assembly does not enact such	131167
legislation on or before December 31, 2013, the Directors shall	131168
cease any activity regarding this reform, including pursuing a	131169
Medicaid plan amendment, section 1115 waiver, or combination of	131170
the two.	131171

Section 323.30. QUALITY INCENTIVE PROGRAM TO REDUCE	131172
AVOIDABLE ADMISSIONS	131173

(A) The Department of Medicaid may implement, for fiscal year	131174
2014 and fiscal year 2015, a quality incentive program to do both	131175
of the following:	131176

(1) Reduce the number of times that the following persons are	131177
admitted to hospitals and nursing facilities or utilize emergency	131178
department services when the admissions or utilizations are	131179
avoidable:	131180

(a) Medicaid recipients enrolled in a home and	131181
community-based services Medicaid waiver component administered by	131182
the Office;	131183

(b) Medicaid recipients receiving nursing services available	131184
under the home health services benefit pursuant to 42 C.F.R.	131185
440.70(b)(1);	131186

(c) Medicaid recipients receiving home health aide services	131187
available under the home health services benefit pursuant to 42	131188
C.F.R. 440.70(b)(2);	131189

(d) Medicaid recipients receiving private duty nursing	131190
services as defined in 42 C.F.R. 440.80.	131191

(2) Reduce the number of times that Medicaid recipients	131192
receiving nursing facility services are admitted to hospitals or	131193
utilize emergency department services when the admissions or	131194
utilizations are avoidable.	131195

(B) If the quality incentive program is implemented, the	131196
Department shall include in the program methods by which the	131197
Department will determine the program's actual savings to the	131198
Medicaid program and shall distribute not more than fifty per cent	131199
of the savings to participating Medicaid providers.	131200

Section 323.40. CHILDREN'S HOSPITALS QUALITY OUTCOMES	131201
PROGRAM	131202

(A) As used in this section, "children's hospital" means a	131203
hospital, as defined in section 3727.01 of the Revised Code, that	131204
is located in this state, primarily serves patients eighteen years	131205
of age and younger, is subject to the Medicaid prospective payment	131206
system for hospitals established in rules adopted under section	131207
5164.02 of the Revised Code, and is excluded from Medicare	131208
prospective payments in accordance with 42 C.F.R. 412.23(d).	131209

(B) The Medicaid Director may implement, during fiscal year	131210
2014 and fiscal year 2015, a children's hospitals quality outcomes	131211
program that encourages children's hospitals to develop the	131212
following:	131213

(1) Infrastructures that are needed to care for patients in	131214
the least restrictive setting and promote the care of patients and	131215
their families;	131216

(2) Programs designed to improve birth outcomes and	131217
measurably reduce neonatal intensive care admissions;	131218

(3) Patient-centered methods to measurably reduce utilization	131219
of emergency department services for primary care needs and	131220
nonemergency health conditions;	131221

(4) Other quality-focused reforms the Director identifies.

131222

(C) Up to $6,000,000 state share plus the corresponding	131223
federal share in each fiscal year shall be used to support	131224
payments made to children's hospitals for developing programs that	131225
achieve the outcomes specified under division (B) of this section	131226
and any other measures the Medicaid Director deems appropriate.	131227

Section 323.43. HOSPITAL READMISSIONS PROGRAM ADVISORY	131228
WORKGROUP	131229

There is hereby created for fiscal year 2014 and fiscal year	131230
2015 the Hospital Readmissions Program Advisory Workgroup. The	131231
Workgroup shall serve in an advisory capacity in the state's	131232
development and implementation of a hospital readmissions program	131233
that improves patient outcomes and rewards providers' success in	131234
lowering hospital readmission rates.	131235

The Workgroup shall be convened by the Medicaid Director. It	131236
shall consist of individuals selected to serve as members by the	131237
Ohio Hospital Association, the Ohio Children's Hospital	131238
Association, and the Medicaid Director.	131239

The Medicaid Director or the Director's designee shall serve	131240
as chairperson of the Workgroup. The Department of Medicaid shall	131241
provide staff and other support services for the Workgroup.	131242

The Workgroup, with the assistance of the Department of	131243
Medicaid, shall submit two reports to the General Assembly	131244
regarding a hospital readmissions program. The first report shall	131245
be submitted not later than July 1, 2014. The second report shall	131246
be submitted not later than July 1, 2015. A report due before the	131247
hospital readmissions program is established shall discuss the	131248
progress being made in establishing the program. A report due	131249
after the program is established shall discuss the program's	131250
effectiveness.	131251

Section 323.50. UNIFIED LONG TERM CARE

131252

The foregoing appropriation item 651425, Medicaid Program	131253
Support - State, may be used to provide the preadmission screening	131254
and resident review (PASRR), which includes screening,	131255
assessments, and determinations made under sections 5119.061	131256
(renumbered section 5119.40 of the Revised Code in this act),	131257
5123.021, and 5165.04 of the Revised Code.	131258

The foregoing appropriation item 651425, Medicaid Program	131259
Support - State, may be used to assess and provide long-term care	131260
consultations under section 173.42 of the Revised Code to clients	131261
regardless of Medicaid eligibility.	131262

The foregoing appropriation item 651525, Medicaid/Health Care	131263
Services, may be used to provide nonwaiver funded PASSPORT and	131264
assisted living services to persons who the state department has	131265
determined to be eligible to participate in the nonwaiver funded	131266
PASSPORT and assisted living programs, who applied for but have	131267
not yet been determined to be financially eligible to participate	131268
in the Medicaid waiver component of the PASSPORT Home Care Program	131269
or the Assisted Living Program by a county department of job and	131270
family services, and to persons who are not eligible for Medicaid	131271
but were enrolled in the PASSPORT Program prior to July 1, 1990.	131272

The foregoing appropriation item 651425, Medicaid Program	131273
Support - State, shall be used to provide the required state match	131274
for federal Medicaid funds supporting the Medicaid waiver-funded	131275
PASSPORT Home Care Program, the Choices Program, the Assisted	131276
Living Program, and the PACE Program.	131277

The foregoing appropriation item 651525, Medicaid/Health Care	131278
Services, shall be used to provide the federal matching share of	131279
program costs determined by the Office of Medical Assistance to be	131280
eligible for Medicaid reimbursement for the Medicaid waiver-funded	131281
PASSPORT Home Care Program, the Choices Program, the Assisted	131282
Living Program, and the PACE Program.	131283

Section 323.53. PASSPORT ADMINISTRATIVE AGENCY SITE	131284
OPERATIONS	131285

For fiscal year 2014 and fiscal year 2015, spending for	131286
PASSPORT administrative agencies' site operating functions	131287
relating to screening, assessments, general administrative, and	131288
provider relations for the Medicaid waiver-funded PASSPORT Home	131289
Care Program, Choices Program, Assisted Living Program, and PACE	131290
Program shall be at one hundred five per cent of the level	131291
provided in fiscal year 2013.	131292

Section 323.60. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

131293

At the beginning of each quarter, or as soon as possible	131294
thereafter, the Medicaid Director shall certify to the Director of	131295
Budget and Management the amount withheld in accordance with	131296
section 5167.30 of the Revised Code for purposes of the Managed	131297
Care Performance Payment Program. Upon receiving certification,	131298
the Director of Budget and Management shall transfer cash in the	131299
amount certified from the General Revenue Fund to the Managed Care	131300
Performance Payment Fund. Appropriation item 651525,	131301
Medicaid/Health Care Services, is hereby reduced by the amount of	131302
the transfer. Upon request of the Medicaid Director and approval	131303
of the Director of Budget and Management, appropriation up to the	131304
cash balance in the Managed Care Performance Payment Fund is	131305
hereby appropriated.	131306

In addition to any other purpose authorized by law, the	131307
Department of Medicaid may use money in the Managed Care	131308
Performance Payment Fund for the following purposes for fiscal	131309
year 2014 and fiscal year 2015:	131310

(A) To meet obligations specified in provider agreements with	131311
Medicaid managed care organizations;	131312

(B) To pay for Medicaid services provided by a Medicaid	131313
managed care organization;	131314

(C) To reimburse a Medicaid managed care organization that	131315
has paid a fine for failure to meet performance standards or other	131316
requirements specified in provider agreements or rules adopted	131317
under section 5167.02 of the Revised Code if the organization	131318
comes into compliance with the standards or requirements.	131319

Section 323.70. MEDICAID MANAGED CARE EXEMPTIONS

131320

(A) As used in this section, "individual with disabilities"	131321
means any individual receiving services through the program for	131322
medically handicapped children established under section 3701.023	131323
of the Revised Code who has one or more of the following	131324
conditions:	131325

(1) Cystic fibrosis;

131326

(2) Hemophilia;

131327

(3) Cancer.

131328

(B) Notwithstanding section 5167.03 of the Revised Code, the	131329
Department of Medicaid shall not include in the care management	131330
system established under that section any individual with	131331
disabilities who was not receiving services through the care	131332
management system immediately before June 30, 2011, until the	131333
first day of the thirteenth month that occurs after the date that	131334
the Office first designates any individual who receives Medicaid	131335
on the basis of being aged, blind, or disabled who is under	131336
twenty-one years of age as an individual who is permitted or	131337
required to participate in the care management system.	131338

Section 323.80. PRIOR AUTHORIZATION FOR COMMUNITY MENTAL	131339
HEALTH SERVICES	131340

(A) As used in this section, "community mental health	131341
services" means mental health services included in the state	131342
Medicaid plan pursuant to section 5164.15 of the Revised Code.	131343

(B) For fiscal year 2014 and fiscal year 2015, a Medicaid	131344
recipient who is under twenty-one years of age automatically	131345
satisfies all requirements for any prior authorization process for	131346
community mental health services provided under a component of the	131347
Medicaid program administered by the Department of Mental Health	131348
and Addiction Services pursuant to an interagency agreement	131349
authorized by section 5162.35 of the Revised Code if any of the	131350
following apply to the recipient:	131351

(1) The recipient is in the temporary custody or permanent	131352
custody of a public children services agency or private child	131353
placing agency or is in a planned permanent living arrangement.	131354

(2) The recipient has been placed in protective supervision	131355
by a juvenile court.	131356

(3) The recipient has been committed to the Department of	131357
Youth Services.	131358

(4) The recipient is an alleged or adjudicated delinquent or	131359
unruly child receiving services under the Felony Delinquent Care	131360
and Custody Program operated under section 5139.43 of the Revised	131361
Code.	131362

Section 323.90. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	131363
LONG-TERM SERVICES AND SUPPORTS	131364

(A) The Joint Legislative Committee for Unified Long-Term	131365
Services and Supports created under section 309.30.73 of Am. Sub.	131366
H.B. 153 of the 129th General Assembly, as subsequently amended,	131367
shall continue to exist during fiscal year 2014 and fiscal year	131368
2015. The Committee shall consist of the following members:	131369

(1) Two members of the House of Representatives from the	131370
majority party, appointed by the Speaker of the House of	131371
Representatives;	131372

(2) One member of the House of Representatives from the	131373
minority party, appointed by the Speaker of the House of	131374
Representatives;	131375

(3) Two members of the Senate from the majority party,	131376
appointed by the President of the Senate;	131377

(4) One member of the Senate from the minority party,	131378
appointed by the President of the Senate.	131379

(B) The Speaker of the House of Representatives shall	131380
designate one of the members of the Committee appointed under	131381
division (A)(1) of this section to serve as co-chairperson of the	131382
Committee. The President of the Senate shall designate one of the	131383
members of the Committee appointed under division (A)(3) of this	131384
section to serve as the other co-chairperson of the Committee. The	131385
Committee shall meet at the call of the co-chairpersons. The	131386
co-chairpersons may request assistance for the Committee from the	131387
Legislative Service Commission.	131388

131389

(1) The implementation of the dual eligible integrated care	131390
demonstration project authorized by section 5164.91 of the Revised	131391
Code;	131392

(2) The implementation of a unified long-term services and	131393
support Medicaid waiver component under section 5166.14 of the	131394
Revised Code;	131395

(3) Providing consumers choices regarding a continuum of	131396
services that meet their health-care needs, promote autonomy and	131397
independence, and improve quality of life;	131398

(4) Ensuring that long-term care services and supports are	131399
delivered in a cost-effective and quality manner;	131400

(5) Subjecting county homes, county nursing homes, and	131401
district homes operated pursuant to Chapter 5155. of the Revised	131402
Code to the franchise permit fee under sections 5168.40 to 5168.56	131403
of the Revised Code;	131404

(6) Other issues of interest to the committee.

131405

(D) The co-chairpersons of the Committee shall provide for	131406
the Medicaid Director to testify before the Committee at least	131407
quarterly regarding the issues that the Committee examines.	131408

Section 323.100. HOSPITAL INPATIENT AND OUTPATIENT	131409
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	131410
HOSPITAL INCENTIVE PAYMENT PROGRAM	131411

(A) As used in this section:

131412

(1) "Hospital" has the same meaning as in section 5168.20 of	131413
the Revised Code.	131414

(2) "Hospital Assessment Fund" means the fund created under	131415
section 5168.25 of the Revised Code.	131416

(3) "Medicaid managed care organization" has the same meaning	131417
as in section 5167.01 of the Revised Code.	131418

(B) The Department of Medicaid shall do both of the	131419
following:	131420

(1) Continue the Hospital Inpatient and Outpatient	131421
Supplemental Upper Payment Limit Program that was established	131422
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	131423
General Assembly, with any modifications necessary to implement	131424
the program as described under division (D) of this section;	131425

(2) Continue the Medicaid Managed Care Hospital Incentive	131426
Payment Program, as described under division (E) of this section.	131427

(C) The Department shall use amounts deposited into the	131428
Hospital Assessment Fund in fiscal year 2014 and fiscal year 2015	131429
for the following purposes in each fiscal year:	131430

(1) To pay for costs associated with both of the following:

131431

(a) The Hospital Inpatient and Outpatient Supplemental Upper	131432
Payment Limit Program;	131433

(b) The Medicaid Managed Care Hospital Incentive Payment	131434
Program.	131435

(2) To reduce spending in appropriation item 651525,	131436
Medicaid/Health Care Services.	131437

(D)(1) Under the Hospital Inpatient and Outpatient	131438
Supplemental Upper Payment Limit Program, subject to division	131439
(D)(2) of this section, supplemental Medicaid payments shall be	131440
made to hospitals for Medicaid-covered inpatient and outpatient	131441
services. The Department shall make the payments through amounts	131442
available for the Program pursuant to division (C) of this section	131443
and any federal financial participation available for the Program.	131444

(2) The Department shall take all actions necessary to cease	131445
implementation of the Program if the United States Secretary	131446
determines that the assessment imposed under section 5168.21 of	131447
the Revised Code is an impermissible healthcare-related tax under	131448
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	131449

(E)(1) The purpose of the Medicaid Managed Care Hospital	131450
Incentive Payment Program is to increase access to hospital	131451
services for Medicaid recipients who are enrolled in Medicaid	131452
managed care organizations.	131453

Under the Program, subject to division (E)(2) of this	131454
section, funds shall be provided to Medicaid managed care	131455
organizations, which shall use the funds to increase payments to	131456
hospitals for providing services to Medicaid recipients who are	131457
enrolled in the organizations. The Department shall provide the	131458
funds through amounts available for the Program pursuant to	131459
division (C) of this section and any federal financial	131460
participation available for the Program.	131461

(2)(a) The Department shall not provide funds to Medicaid	131462
managed care organizations under the Program unless an actuary	131463
selected by the Department certifies that the Program would not	131464
violate the actuarial soundness of the capitation rates paid to	131465
Medicaid managed care organizations.	131466

(b) The Department shall not implement the Program in a	131467
manner that causes a hospital to receive less money from the	131468
Hospital Assessment Fund than the hospital would have received if	131469
the Program were not implemented.	131470

(c) The Department shall not implement the Program in a	131471
manner that causes a Medicaid managed care organization to receive	131472
a lower capitation payment rate solely because funds are made	131473
available to the organization under the Program.	131474

(d) The Department shall take all necessary actions to cease	131475
implementation of the Program if the United States Secretary	131476
determines that the assessment imposed under section 5168.21 of	131477
the Revised Code is an impermissible health care-related tax under	131478
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	131479

(F) The Director of Budget and Management may authorize	131480
additional expenditures from appropriation item 651623, Medicaid	131481
Services - Federal, appropriation item 651525, Medicaid/Health	131482
Care Services, and appropriation item 651656, Medicaid Services -	131483
Hospital/UPL, in order to implement the programs authorized by	131484
this section. Any amounts authorized are hereby appropriated.	131485

(G) The Medicaid Director shall adopt rules as necessary to	131486
implement this section. The rules shall provide for the applicable	131487
assessment percentage that is used for the purpose of section	131488
5168.21 of the Revised Code to be an amount that raises, from the	131489
assessments imposed on hospitals under that section, an amount the	131490
Director determines is appropriate to fund the purposes specified	131491
in division (C) of this section.	131492

Section 323.103. CONTINUATION OF MEDICAID RATES FOR HOSPITAL	131493
INPATIENT AND OUTPATIENT SERVICES	131494

The Medicaid payment rates for Medicaid-covered hospital	131495
inpatient services and hospital outpatient services that are paid	131496
under the prospective payment system established in rules adopted	131497
under section 5164.02 of the Revised Code and provided during the	131498
period beginning July 1, 2013, and ending June 30, 2015, shall be	131499
not less than the Medicaid payment rates for the services in	131500
effect on June 30, 2013.	131501

Section 323.110. ADMINISTRATIVE ISSUES RELATED TO TERMINATION	131502
OF MEDICAID WAIVER PROGRAMS	131503

(A) As used in this section, "MCD or ODA Medicaid waiver	131504
component" means the following:	131505

(1) The Medicaid waiver component of the PASSPORT program	131506
created under section 173.52 of the Revised Code;	131507

(2) The Choices program created under section 173.53 of the	131508
Revised Code;	131509

(3) The Medicaid waiver component of the Assisted Living	131510
program created under section 173.54 of the Revised Code.	131511

(4) The Ohio Home Care Waiver program as defined in section	131512
5166.01 of the Revised Code;	131513

(5) The Ohio Transitions II Aging Carve-Out program as	131514
defined in section 5166.01 of the Revised Code;	131515

(B) If an MCD or ODA Medicaid waiver component is terminated	131516
under section 173.52, 173.53, 173.54, 5166.12, or 5166.13 of the	131517
Revised Code, all of the following apply:	131518

(1) All applicable statutes, and all applicable rules,	131519
standards, guidelines, or orders issued by the Medicaid Director	131520
or Department of Medicaid or Director or Department of Aging	131521
before the component is terminated, shall remain in full force and	131522
effect on and after that date, but solely for purposes of	131523
concluding the component's operations, including fulfilling the	131524
Departments' legal obligations for claims arising from the	131525
component relating to eligibility determinations, covered medical	131526
assistance provided to eligible persons, and recovering erroneous	131527
overpayments.	131528

(2) Notwithstanding the termination of the component, the	131529
right of subrogation for the cost of medical assistance given	131530
under section 5160.37 of the Revised Code to the Department of	131531
Medicaid and an assignment of the right to medical assistance	131532
given under section 5160.38 of the Revised Code to the Department	131533
continue to apply with respect to the component and remain in	131534
force to the full extent provided under those sections.	131535

(3) The Department of Medicaid and Department of Aging may	131536
use appropriated funds to satisfy any claims or contingent claims	131537
for medical assistance provided under the component before the	131538
component's termination.	131539

(4) Neither the Department of Medicaid nor the Department of	131540
Aging has liability under the component to reimburse any provider	131541
or other person for claims for medical assistance rendered under	131542
the component after it is terminated.	131543

(C) The Medicaid Director and Director of Aging may adopt	131544
rules in accordance with Chapter 119. of the Revised Code to	131545
implement this section.	131546

Section 323.120. EXPANSION OF PACE PROGRAM

131547

(A) As used in this section, "PACE Program" means the Program	131548
of All-Inclusive Care for the Elderly.	131549

(B) To effectively administer and manage growth within the	131550
PACE Program, the Director of Aging, in consultation with the	131551
Medicaid Director, may expand the PACE Program to regions of the	131552
state that are not being served by the PACE Program if all of the	131553
following apply:	131554

(1) Funding is available for the expansion.

131555

(2) The Director of Aging and Medicaid Director mutually	131556
determine that the PACE Program is a cost-effective alternative to	131557
nursing home care.	131558

(3) The United States Centers for Medicare and Medicaid	131559
Services agrees to share with the state any savings to the	131560
Medicare program resulting from an expansion of the PACE Program.	131561

(C) If the PACE Program is expanded, the Director of Aging	131562
may not decrease the number of individuals in Cuyahoga and	131563
Hamilton counties and parts of Butler, Clermont, and Warren	131564
counties who are participants in the PACE Program below the number	131565
of individuals in those counties and parts of counties who were	131566
participants in the PACE Program on July 1, 2011.	131567

Section 323.130. DISPENSING FEE FOR NONCOMPOUNDED DRUGS

131568

The Medicaid dispensing fee for each noncompounded drug	131569
covered by the Medicaid program shall be $1.80 for the period	131570
beginning July 1, 2013, and ending on the effective date of a rule	131571
changing the amount of the fee that the Medicaid Director adopts	131572
under section 5164.02 of the Revised Code.	131573

Section 323.140. MONEY FOLLOWS THE PERSON ENHANCED	131574
REIMBURSEMENT FUND	131575

The federal payments made to the state under subsection (e)	131576
of section 6071 of the "Deficit Reduction Act of 2005," Pub. L.	131577
No. 109-171, as amended, shall be deposited into the Money Follows	131578
the Person Enhanced Reimbursement Fund. The Department of Medicaid	131579
shall continue to use money deposited into the fund for system	131580
reform activities related to the Money Follows the Person	131581
demonstration project.	131582

Section 323.150. MEDICARE PART D

131583

The foregoing appropriation item 651526, Medicare Part D, may	131584
be used by the Department of Medicaid for the implementation and	131585
operation of the Medicare Part D requirements contained in the	131586
"Medicare Prescription Drug, Improvement, and Modernization Act of	131587
2003," Pub. L. No. 108-173, as amended. Upon the request of the	131588
Department of Medicaid, the Director of Budget and Management may	131589
transfer the state share of appropriations between appropriation	131590
item 651525, Medicaid/Health Care Services, or appropriation item	131591
651526, Medicare Part D. If the state share of appropriation item	131592
651525, Medicaid/Health Care Services, is adjusted, the Director	131593
of Budget and Management shall adjust the federal share	131594
accordingly. The Department of Medicaid shall provide notification	131595
to the Controlling Board of any transfers at the next scheduled	131596
Controlling Board meeting.	131597

Section 323.160. REBALANCING LONG-TERM CARE

131598

(A) As used in this section:

131599

"Balancing Incentive Payments Program" means the program	131600
established under section 10202 of the Patient Protection and	131601
Affordable Care Act.	131602

"Long-term services and supports" has the same meaning as in	131603
section 10202(f)(1) of the Patient Protection and Affordable Care	131604
Act.	131605

"Non-institutionally-based long-term services and supports"	131606
has the same meaning as in section 10202(f)(1)(B) of the Patient	131607
Protection and Affordable Care Act.	131608

"Patient Protection and Affordable Care Act" means Public Law	131609
111-148.	131610

(B) The Departments of Aging, Developmental Disabilities, and	131611
Medicaid shall continue efforts to achieve a sustainable and	131612
balanced delivery system for long-term services and supports. In	131613
so doing, the Departments shall strive to realize the following	131614
goals by June 30, 2015:	131615

(1) Having at least fifty per cent of Medicaid recipients who	131616
are sixty years of age or older and need long-term services and	131617
supports utilize non-institutionally-based long-term services and	131618
supports;	131619

(2) Having at least sixty per cent of Medicaid recipients who	131620
are less than sixty years of age and have cognitive or physical	131621
disabilities for which long-term services and supports are needed	131622
utilize non-institutionally-based long-term services and supports.	131623

(C) If the Department of Medicaid determines that	131624
participating in the Balancing Incentive Payments Program will	131625
assist in achieving the goals specified in division (B) of this	131626
section, the Department may apply to the United States Secretary	131627
of Health and Human Services to participate in the program.	131628

Section 323.170. OHIO ACCESS SUCCESS PROJECT

131629

Of the foregoing appropriation item, 651525, Medicaid/Health	131630
Care Services, up to $450,000 in each fiscal year may be used to	131631
provide one-time transitional benefits under the Ohio Access	131632
Success Project that the Medicaid Director may establish under	131633
section 5166.35 of the Revised Code.	131634

Section 323.180. PROVIDER FRANCHISE FEE OFFSETS

131635

(A) At least quarterly, the Medicaid Director shall certify	131636
to the Director of Budget and Management the amount of offsets	131637
withheld under section 5168.52 of the Revised Code from payments	131638
made from the General Revenue Fund.	131639

(B) The Director of Budget and Management may transfer cash	131640
from the General Revenue Fund to the Nursing Home Franchise Permit	131641
Fee Fund (Fund 5R20), in accordance with section 5168.54 of the	131642
Revised Code.	131643

(C) Amounts transferred pursuant to this section are hereby	131644
appropriated.	131645

Section 323.190. HOSPITAL CARE ASSURANCE MATCH

131646

The foregoing appropriation item 651623, Medicaid Services -	131647
Federal, shall be used by the Department of Medicaid for	131648
distributing the federal share of Medicaid services required under	131649
the section of this act entitled "CREATION OF THE DEPARTMENT OF	131650
MEDICAID," including the federal share of all hospital care	131651
assurance program funds to hospitals under section 5168.09 of the	131652
Revised Code.	131653

If receipts credited to the Health Care Federal Fund (Fund	131654
3F00) exceed the amounts appropriated from the fund for making the	131655
hospital care assurance program distribution, the Medicaid	131656
Director may request the Director of Budget and Management to	131657
authorize expenditures from the fund in excess of the amounts	131658
appropriated. Upon the approval of the Director of Budget and	131659
Management, the additional amounts are hereby appropriated.	131660

The foregoing appropriation item 651649, Medicaid Services –	131661
HCAP, shall be used by the Department of Medicaid for distributing	131662
the state share of all hospital care assurance program funds to	131663
hospitals under section 5168.09 of the Revised Code. If receipts	131664
credited to the Hospital Care Assurance Program Fund (Fund 6510)	131665
exceed the amounts appropriated from the fund for making the	131666
hospital care assurance program distribution, the Medicaid	131667
Director may request the Director of Budget and Management to	131668
authorize expenditures from the fund in excess of the amounts	131669
appropriated. Upon the approval of the Director of Budget and	131670
Management, the additional amounts are hereby appropriated.	131671

Section 323.200. HEALTH CARE SERVICES ADMINISTRATION FUND

131672

Of the amount received by the Department of Medicaid during	131673
fiscal year 2014 and fiscal year 2015 from the first installment	131674
of assessments paid under section 5168.06 of the Revised Code and	131675
intergovernmental transfers made under section 5168.07 of the	131676
Revised Code, the Medicaid Director shall deposit $350,000 in each	131677
fiscal year into the state treasury to the credit of the Health	131678
Care Services Administration Fund (Fund 5U30).	131679

Section 323.210. TRANSFERS OF OFFSETS TO THE HEALTH CARE	131680
SERVICES ADMINISTRATION FUND	131681

(A) As used in this section:

131682

"Hospital offset" means an offset from a hospital's Medicaid	131683
payment authorized by section 5168.991 of the Revised Code.	131684

"Vendor offset" means a reduction of a Medicaid payment to a	131685
Medicaid provider to correct a previous, incorrect Medicaid	131686
payment.	131687

(B) During fiscal year 2014 and fiscal year 2015, at	131688
intervals selected by the Medicaid Director, the Director shall	131689
certify to the Director of Budget and Management the amount of	131690
hospital offsets and vendor offsets for the period covered by the	131691
certification and the particular funds that would have been used	131692
to make Medicaid payments to providers if not for the offsets.	131693
Each certification shall specify the amount that would have been	131694
taken from each of the funds if not for the hospital offsets and	131695
vendor offsets.	131696

(C) On receipt of a certification under division (B) of this	131697
section, the Director of Budget and Management shall transfer cash	131698
from the funds identified in the certification to the Health Care	131699
Services Administration Fund (Fund 5U30). The amount transferred	131700
from a fund shall equal the amount that would have been taken from	131701
the fund if not for the hospital offsets and vendor offsets as	131702
specified in the certification. The transferred cash is hereby	131703
appropriated.	131704

Section 323.220. MEDICAID INTERAGENCY PASS-THROUGH

131705

The Medicaid Director may request the Director of Budget and	131706
Management to increase appropriation item 651655, Medicaid	131707
Interagency Pass-Through. Upon the approval of the Director of	131708
Budget and Management, the additional amounts are hereby	131709
appropriated.	131710

Section 323.230. MEDICAID PAYMENTS FOR NONINSTITUTIONAL	131711
SERVICES PROVIDED TO DUAL ELIGIBLE INDIVIDUALS	131712

(A) As used in this section:

131713

"Dual eligible individual" has the same meaning as in the	131714
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	131715
1396n(h)(2)(B).	131716

"Medicare Part B" means the Supplementary Medical Insurance	131717
Program for the Aged and Disabled component of the Medicare	131718
program established by Part B of Title XVIII of the "Social	131719
Security Act," 42 U.S.C. 1395j et seq.	131720

"Noninstitutional services" means any services other than	131721
hospital services, nursing facility services, and intermediate	131722
care facilities for the mentally retarded.	131723

(B) Notwithstanding any conflicting state statute, a Medicaid	131724
payment for noninstitutional services, excluding physician	131725
services and including freestanding dialysis center services,	131726
provided during the period beginning January 1, 2014, and ending	131727
July 1, 2015, to a Medicaid recipient who is a dual eligible	131728
individual enrolled for benefits under Medicare Part B shall equal	131729
the lesser of the following:	131730

(1) The sum of the Medicare Part B deductible, coinsurance,	131731
and copayment for the services that are applicable to the	131732
individual;	131733

(2) The greater of the following:

131734

(a) The maximum allowable Medicaid payment for the services	131735
when the services are provided to other Medicaid recipients, less	131736
the total Medicaid payment (if any) most recently paid on the	131737
Medicaid recipient's behalf for such services;	131738

(b) Zero.

131739

Section 323.233. MEDICAID PAYMENTS FOR HOME HEALTH SERVICES	131740
AND PRIVATE DUTY NURSING	131741

(A) As used in this section, "responsible adult" means the	131742
spouse of a Medicaid recipient or, in the case of a Medicaid	131743
recipient who is a minor, the minor's parent, foster caregiver,	131744
stepparent, guardian, legal custodian, or any other person who	131745
stands in loco parentis for the minor.	131746

(B) Except as provided in division (C) of this section, for	131747
fiscal year 2014 and fiscal year 2015, Medicaid payments shall not	131748
be made for any of the following services that are provided to a	131749
Medicaid recipient by an individual who is a responsible adult for	131750
that recipient:	131751

(1) Nursing services available under the home health services	131752
benefit pursuant to 42 C.F.R. 440.70(b)(1);	131753

(2) Home health aide services available under the home health	131754
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	131755

(3) Private duty nursing services, as defined in 42 C.F.R.	131756
440.80.	131757

(C) For fiscal year 2014 and fiscal year 2015, the Medicaid	131758
Director shall establish the conditions under which Medicaid	131759
payments may be made for any of the services described in division	131760
(B) of this section that are provided to a Medicaid recipient by	131761
an individual who is a responsible adult for that recipient.	131762

(D) The Director shall adopt rules in accordance with Chapter	131763
119. of the Revised Code necessary to implement this section. The	131764
Director shall consult provider representatives, consumer	131765
representatives, and other stakeholders in developing the rules,	131766
which may include the following:	131767

(1) Qualification and training requirements necessary for	131768
responsible adults to receive Medicaid payments under division (C)	131769
of this section;	131770

(2) Oversight requirements necessary for responsible adults	131771
to receive Medicaid payments under division (C) of this section;	131772

(3) Procedures designed to protect against fraud, waste, and	131773
abuse that may occur as a result of payments made under division	131774
(C) of this section;	131775

(4) Any other procedures, standards, or requirements the	131776
Director considers appropriate.	131777

Section 323.236. PURCHASING STRATEGIES FOR WHEELCHAIRS

131778

For fiscal years 2014 and 2015, the Medicaid Director shall	131779
implement strategies for purchasing wheelchairs for Medicaid	131780
recipients residing in nursing facilities. In implementing the	131781
purchasing strategies, the Director shall seek to achieve a more	131782
efficient allocation of resources and price and quality	131783
competition among wheelchair providers. The Director shall	131784
consider one or more of the following when determining the	131785
purchasing strategies to implement:	131786

(A) Establishing selective contracting or competitive	131787
bidding;	131788

(B) Establishing a manufacturer's rebate program;

131789

(C) Another purchasing strategy that saves the Medicaid	131790
program an amount equivalent to the savings that would be realized	131791
from the purchasing strategies specified in division (A) or (B),	131792
or both, of this section.	131793

Section 323.250. REDUCED RATE FOR REPEAT RADIOLOGICAL	131794
SERVICES	131795

(A) The Medicaid Director shall reduce the Medicaid payment	131796
rate for radiological services to which both of the following	131797
apply:	131798

(1) They are provided in a physician's office or an	131799
independent diagnostic testing facility;	131800

(2) They are provided more than once by the same provider for	131801
the same Medicaid recipient during the same session.	131802

(B) The Director shall adopt rules under section 5164.02 of	131803
the Revised Code to implement the rate reduction required by this	131804
section. The rules shall not take effect before January 1, 2014.	131805

Section 323.260. VARYING MEDICAID PAYMENT RATES FOR PHYSICIAN	131806
SERVICES DEPENDING ON LOCATION OF SERVICE	131807

(A) The Medicaid Director shall do both of the following:

131808

(1) Identify physician services for which Medicaid payment	131809
rates should vary depending on where the services are provided;	131810

(2) Adopt rules under section 5164.02 of the Revised Code to	131811
establish the varying Medicaid payment rates.	131812

(B) The rules required by division (A)(2) of this section	131813
shall not take effect before January 1, 2014.	131814

Section 323.263. PAYMENT RATES FOR PASSPORT SERVICES

131815

The Medicaid payment rates for services provided under the	131816
PASSPORT program, other than adult day-care services, during the	131817
period beginning July 1, 2013, and ending June 30, 2015, shall be	131818
not less than ninety-eight and five-tenths per cent of the	131819
Medicaid payment rates for the services in effect on June 30,	131820
2011. The Medicaid payment rates for adult day-care services	131821
provided under the PASSPORT program during the period beginning	131822
July 1, 2013, and ending June 30, 2015, shall be twenty per cent	131823
higher than the amount of the Medicaid payment rates for the	131824
services in effect on June 30, 2013.	131825

Section 323.270. MEDICAID PAYMENT METHODOLOGIES ALIGNED WITH	131826
MEDICARE PAYMENT METHODOLOGIES	131827

(A) The Medicaid Director shall do both of the following:

131828

(1) Identify Medicaid services for which the Medicaid payment	131829
methodologies should be aligned, to the extent the Director	131830
considers appropriate, with Medicare payment methodologies for the	131831
services;	131832

(2) Adopt rules under section 5164.02 of the Revised Code to	131833
so align the payment methodologies for the services.	131834

(B) The rules required by division (A)(2) of this section	131835
shall not take effect before January 1, 2014.	131836

Section 323.280. ALTERNATIVE PURCHASING MODEL FOR NURSING	131837
FACILITY SERVICES	131838

As used in this section, "Medicaid waiver component" has the	131839
same meaning as in section 5166.01 of the Revised Code.	131840

The Medicaid Director may establish, as a Medicaid waiver	131841
component, an alternative purchasing model for nursing facility	131842
services provided, during the period beginning July 1, 2013, and	131843
ending July 1, 2015, to Medicaid recipients with specialized	131844
health care needs, including recipients dependent on ventilators,	131845
recipients who have severe traumatic brain injury, and recipients	131846
who would be admitted to long-term acute care hospitals or	131847
rehabilitation hospitals if they did not receive nursing facility	131848
services. If established, the alternative purchasing model shall	131849
do all of the following:	131850

(A) Recognize a connection between enhanced Medicaid payment	131851
rates and improved health outcomes capable of being measured;	131852

(B) Include criteria for identifying Medicaid recipients with	131853
specialized health care needs;	131854

(C) Include procedures for ensuring that Medicaid recipients	131855
identified pursuant to division (B) of this section receive	131856
nursing facility services under the alternative purchasing model.	131857

The total per Medicaid day payment rate for nursing facility	131858
services provided under the alternative purchasing model may	131859
differ from the rate that would otherwise be paid pursuant to	131860
Chapter 5165. of the Revised Code.	131861

Section 323.290. REVIEW OF LONG-TERM SERVICES TO IMPROVE	131862
EFFICIENCY AND INDIVIDUAL CARE	131863

(A) The Department of Medicaid may review the following	131864
services covered by the Medicaid program to identify opportunities	131865
to improve the efficiency of, and individual care provided by,	131866
long-term care services and supports:	131867

(1) Nursing services available under the home health services	131868
benefit pursuant to 42 C.F.R. 440.70(b)(1);	131869

(2) Home health aide services available under the home health	131870
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	131871

(3) Private duty nursing services as defined in 42 C.F.R.	131872
440.80.	131873

(B) The Department, in its review authorized by division (A)	131874
of this section, may consider establishing the following:	131875

(1) New methods for authorizing and coordinating long-term	131876
care services and supports, including such services and supports	131877
covered by the Medicaid state plan, using case managers or care	131878
coordinators;	131879

(2) Competency and training requirements for the case	131880
managers or care coordinators;	131881

(3) Other mechanisms for improving efficiency and individual	131882
care in the delivery of long-term care services and supports.	131883

Section 323.300. PERFORMANCE PAYMENTS FOR MEDICAID MANAGED	131884
CARE	131885

(A) As used in this section:

131886

(1) "Dual eligible individual" has the same meaning as in	131887
section 1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315,	131888
42 U.S.C. 1396n(h)(2)(B).	131889

(2) "Dual eligible integrated care demonstration project"	131890
means the demonstration project authorized by section 5164.91 of	131891
the Revised Code.	131892

(3) "Medicaid managed care organization" has the same meaning	131893
as in section 5167.01 of the Revised Code.	131894

(4) "Participant" means an individual participating in the	131895
dual eligible integrated care demonstration project.	131896

(B) For fiscal year 2014 and fiscal year 2015, the Department	131897
of Medicaid shall provide performance payments as provided under	131898
this section to Medicaid managed care organizations providing care	131899
under the Dual Eligible Integrated Care Demonstration Project.	131900

(C) If the Department implements the Dual Eligible Integrated	131901
Care Demonstration Project, and if participants receive care	131902
through Medicaid managed care organizations under the project, the	131903
Department shall, in consultation with the United States Centers	131904
for Medicare and Medicaid Services, do both of the following:	131905

(1) Develop quality measures designed specifically to	131906
determine the effectiveness of the health care and other services	131907
provided to participants by Medicaid managed care organizations;	131908

(2) Determine an amount to be withheld from the Medicaid	131909
premium payments paid to Medicaid managed care organizations for	131910
participants.	131911

(D)(1) For the purposes of division (C)(2) of this section,	131912
the Department shall establish an amount that is to be withheld	131913
each time a premium payment is made to a Medicaid managed care	131914
organization for a participant. The amount shall be established as	131915
a percentage of each premium payment. The percentage shall be the	131916
same for all Medicaid managed care organizations providing care to	131917
participants.	131918

(2) Each Medicaid managed care organization shall agree to	131919
the withholding as a condition of receiving or maintaining its	131920
Medicaid provider agreement with the Department.	131921

(3) When the amount is established and each time the amount	131922
is modified thereafter, the Department shall certify the amount to	131923
the Director of Budget and Management and begin withholding the	131924
amount from each premium the Department pays to a Medicaid managed	131925
care organization for a participant.	131926

(E) The Director of Budget and Management shall transfer the	131927
amounts certified in accordance with division (D) of this section	131928
into the Managed Care Performance Payment Fund created under	131929
section 5162.60 of the Revised Code. The amounts transferred may	131930
be used to make performance payments to Medicaid managed care	131931
organizations providing care to participants in accordance with	131932
rules that may be adopted by the Medicaid Director under Chapter	131933
119. of the Revised Code.	131934

(F) A Medicaid managed care organization subject to this	131935
section is not subject to section 5167.30 of the Revised Code for	131936
premium payments attributed to participants during fiscal year	131937
2014 and fiscal year 2015.	131938

Section 323.310. INTEGRATED CARE DELIVERY SYSTEM PERFORMANCE	131939
PAYMENT PROGRAM	131940

At the beginning of each quarter, or as soon as possible	131941
thereafter, the Medicaid Director may certify to the Director of	131942
Budget and Management the amount withheld in accordance with the	131943
section in this act titled "PERFORMANCE PAYMENTS FOR MEDICAID	131944
MANAGED CARE." On receipt of certification, the Director of Budget	131945
and Management shall transfer cash in the amount certified from	131946
the General Revenue Fund to the Managed Care Performance Payment	131947
Fund (Fund 5KW0). The transferred cash is hereby appropriated.	131948
Appropriation item 651525, Medicaid/Health Care Services, is	131949
hereby reduced by the amount of the transfer.	131950

Section 323.320. VENDOR COLLECTION OF PATIENT LIABILITY

131951

(A) As used in this section:

131952

"Medicaid waiver component" has the same meaning as in	131953
section 5166.01 of the Revised Code.	131954

"Patient liability" means the amount that 42 C.F.R. 435.735	131955
requires be reduced from a Medicaid payment for home and	131956
community-based services available under a Medicaid waiver	131957
component.	131958

(B) The Medicaid Director may contract with a person or	131959
government entity to collect patient liabilities for fiscal year	131960
2014 and fiscal year 2015. The Director may adopt rules under	131961
section 5166.02 of the Revised Code as necessary to implement this	131962
section.	131963

Section 323.330. STATE PLAN HOME AND COMMUNITY-BASED SERVICES

131964

(A) As used in this section:

131965

"Federal poverty line" means the official poverty line	131966
defined by the United States Office of Management and Budget based	131967
on the most recent data available from the United States Bureau of	131968
the Census and revised by the United States Secretary of Health	131969
and Human Services pursuant to the "Omnibus Budget Reconciliation	131970
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	131971

"State plan home and community-based services" means home and	131972
community-based services that may be included in the Medicaid	131973
state plan pursuant to the "Social Security Act," section 1915(i),	131974
42 U.S.C. 1396n(i).	131975

(B) During fiscal year 2014 and fiscal year 2015, the	131976
Medicaid program may cover state plan home and community-based	131977
services for Medicaid recipients of any age who have behavioral	131978
health issues and countable incomes not exceeding one hundred	131979
fifty per cent of the federal poverty line. A Medicaid recipient	131980
is not required to undergo a level of care determination to be	131981
eligible for the state plan home and community-based services.	131982

The Medicaid Director may adopt rules under section 5164.02	131983
of the Revised Code as necessary to implement this section.	131984

Section 323.340. INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR	131985
INDIVIDUALS UNDER AGE 21	131986

(A) As used in this section:

131987

"Inpatient psychiatric hospital services for individuals	131988
under age 21" has the same meaning as in the "Social Security	131989
Act," section 1905(h), 42 U.S.C. 1396d(h).	131990

"Psychiatric residential treatment facility" has the same	131991
meaning as in 42 C.F.R. 483.352.	131992

(B) During fiscal year 2014 and fiscal year 2015, the	131993
Medicaid program may cover inpatient psychiatric hospital services	131994
for individuals under age 21 that are provided by psychiatric	131995
residential treatment facilities to Medicaid recipients to whom	131996
both of the following apply:	131997

(1) They are in the custody of the Department of Youth	131998
Services.	131999

(2) They have been identified as meeting a clinical criterion	132000
of serious emotional disturbance specified pursuant to division	132001
(C) of this section.	132002

(C) The Department of Youth Services, in collaboration with	132003
the Department of Medicaid and Department of Mental Health and	132004
Addiction Services, shall specify the clinical criterion of	132005
serious emotional disturbance to be used for the purpose of	132006
division (B)(2) of this section.	132007

Section 323.350. MCD COLLABORATION WITH DVS

132008

The Department of Medicaid may collaborate with the	132009
Department of Veterans Services to determine ways to improve the	132010
coordination of the services that the Departments make available	132011
to veterans in a manner that enhances veterans' receipt of the	132012
services. The Departments may implement, during fiscal year 2014	132013
and fiscal year 2015, initiatives that they determine during the	132014
collaboration will maximize the efficiency of the services and	132015
ensure that veterans' needs are met.	132016

Section 323.360. IMPROVED BIRTH OUTCOMES INITIATIVES

132017

(A) The Medicaid Director may develop and implement, during	132018
fiscal year 2014 and fiscal year 2015, initiatives designed to	132019
improve birth outcomes for Medicaid recipients, including	132020
improvements designed to do the following:	132021

(1) Reduce the number of preterm births;

132022

(2) Reduce Medicaid costs;

132023

(3) Improve the quality of Medicaid services.

132024

(B) In developing the initiatives, the Director may consult	132025
with experts in practice improvement, Medicaid managed care	132026
organizations, hospitals, and other types of Medicaid providers.	132027
The Director, Medicaid managed care organizations, and other types	132028
of Medicaid providers involved in the initiatives shall make	132029
information about the initiatives available on their web sites.	132030

Section 323.370. ABOLISHMENT OF THE PRESCRIPTION DRUG REBATES	132031
FUND	132032

On July 1, 2013, or as soon as possible thereafter, the	132033
Director of Budget and Management shall transfer the cash balance	132034
in the Prescription Drug Rebates Fund (Fund 5P50) to the Health	132035
Care/Medicaid Support and Recoveries Fund (Fund 5DL0). Upon	132036
completion of the transfer, Fund 5P50 is abolished. The Director	132037
shall cancel any existing encumbrances against appropriation item	132038
600692, Health Care/Medicaid Support – Drug Rebates, and	132039
reestablish them against appropriation item 651639, Medicaid	132040
Services - Recoveries. The re-established encumbrance amounts are	132041
hereby appropriated.	132042

All money that would have been deposited into the	132043
Prescription Drug Rebates Fund shall be deposited into the Health	132044
Care/Medicaid Support and Recoveries Fund during fiscal year 2014	132045
and fiscal year 2015.	132046

Section 323.380. ABOLISHMENT OF THE HEALTHCARE COMPLIANCE	132047
FUND	132048

On July 1, 2013, or as soon as possible thereafter, the	132049
Medicaid Director shall certify to the Director of Budget and	132050
Management, the cash balance related to managed care obligations	132051
in the Healthcare Compliance Fund (Fund 4Z10). The Director of	132052
Budget and Management shall transfer the amount certified from	132053
Fund 4Z10 to the Managed Care Performance Payment Fund (Fund	132054
5KW0). The Director shall cancel any existing encumbrances related	132055
to managed care obligations against appropriation item 600625,	132056
Healthcare Compliance, and re-establish them against appropriation	132057
item 651612, Managed Care Performance Payment. The re-established	132058
encumbrance amounts are hereby appropriated.	132059

After the cash relating to managed care obligations has been	132060
transferred, the Director of Budget and Management shall transfer	132061
the remaining cash balance in the Healthcare Compliance Fund (Fund	132062
4Z10) to the Health Care Services Administration Fund (Fund 5U30).	132063
Upon completion of the transfer, Fund 4Z10 is abolished. The	132064
Director shall cancel any remaining encumbrances against	132065
appropriation item 600625, Healthcare Compliance, and re-establish	132066
them against appropriation item 651654, Medicaid Program Support.	132067
The re-established encumbrance amounts are hereby appropriated.	132068

All money that would have been deposited into the Health Care	132069
Compliance Fund pursuant to division (B)(2) of former section	132070
5111.946 of the Revised Code shall be deposited into the Health	132071
Care Services Administration Fund during fiscal year 2014 and	132072
fiscal year 2015.	132073

Section 323.390. ABOLISHMENT OF THE ODJFS ADMINISTRATION AND	132074
OVERSIGHT FUND	132075

On July 1, 2013, or as soon as possible thereafter, the	132076
Director of Budget and Management shall transfer the cash balance	132077
in the ODJFS Administration and Oversight Fund (Fund 5S30) to the	132078
Health Care Services Administration Fund (Fund 5U30). Upon	132079
completion of the transfer, Fund 5S30 is abolished. The Director	132080
shall cancel any existing encumbrances against appropriation item	132081
600629, Healthcare Program and DDD Support, and re-establish them	132082
against appropriation item 651654, Medicaid Program Support. The	132083
re-established encumbrance amounts are hereby appropriated.	132084

Section 323.400. REFUNDS AND RECONCILIATION FUND

132085

The Refunds and Reconciliation Fund (Fund R055) shall be used	132086
to hold refund and reconciliation revenues until the appropriate	132087
fund is determined or until the revenues are directed to the	132088
appropriate governmental agency other than the Department of	132089
Medicaid. Any Medicaid refunds or reconciliations received or held	132090
by the Department of Job and Family Services shall be transferred	132091
or credited to this fund. If receipts credited to the Refunds and	132092
Reconciliation Fund exceed the amounts appropriated from the fund,	132093
the Medicaid Director may request the Director of Budget and	132094
Management to authorize expenditures from the fund in excess of	132095
the amounts appropriated. Upon approval of the Director of Budget	132096
and Management, the additional amounts are hereby appropriated.	132097

Section 323.460. NO LOSS OF MEDICAID ELIGIBILITY BEFORE	132098
JANUARY 1, 2014	132099

Notwithstanding the amendments by this act to sections	132100
5101.18, 5111.01 (as renumbered as section 5162.03), and 5111.011	132101
(as renumbered as section 5163.02) and the repeal by this act of	132102
sections 5111.014, 5111.015, 5111.0110, 5111.0111, 5111.0113,	132103
5111.0115, 5111.0120, 5111.0121, 5111.0122, 5111.0123, 5111.0124,	132104
5111.0125, 5111.70, 5111.701, 5111.702, 5111.703, 5111.704,	132105
5111.705, 5111.706, 5111.707, 5111.708, 5111.709, and 5111.7011 of	132106
the Revised Code, no individual eligible for Medicaid pursuant to	132107
those sections shall lose Medicaid eligibility before January 1,	132108
2014, because of the amendments to, or repeal of, those sections.	132109
This section does not preclude an individual from losing Medicaid	132110
eligibility before January 1, 2014, if the individual would cease	132111
to be Medicaid eligible before that date for reasons unrelated to	132112
the amendments to, or repeal of, those sections. Unrelated reasons	132113
include acquiring income or assets exceeding eligibility limits	132114
and failure to comply with eligibility requirements.	132115

Section 323.470. ALTERATIONS TO AND ELIMINATION OF OPTIONAL	132116
MEDICAID ELIGIBILITY GROUPS	132117

The Medicaid Director may initiate, before January 1, 2014,	132118
the rule-making process to alter the eligibility requirements for,	132119
or to eliminate, one or more Medicaid optional eligibility groups	132120
or subgroups pursuant to section 5163.06 of the Revised Code.	132121
However, none of the rules may go into effect before that date.	132122

Section 323.480. UPDATING AUTHORIZING STATUTE CITATIONS

132123

As used in this section, "authorizing statute" means a	132124
Revised Code section or provision of a Revised Code section that	132125
is cited in the Ohio Administrative Code as the statute that	132126
authorizes the adoption of a rule.	132127

The Medicaid Director is not required to amend any rule for	132128
the sole purpose of updating the citation in the Ohio	132129
Administrative Code to the rule's authorizing statute to reflect	132130
that this act renumbers the authorizing statute or relocates it to	132131
another Revised Code section. Such citations shall be updated as	132132
the Director amends the rules for other purposes.	132133

Section 325.10. MED STATE MEDICAL BOARD

132134

General Services Fund Group	132135

5C60	883609	Operating Expenses	$	9,172,062	$	9,172,062	132136
TOTAL GSF General Services							132137
Fund Group			$	9,172,062	$	9,172,062	132138
TOTAL ALL BUDGET FUND GROUPS			$	9,172,062	$	9,172,062	132139

Section 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	132141
SERVICES	132142

General Revenue Fund	132143

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	132144
GRF	333402	Resident Trainees	$	450,000	$	450,000	132145
GRF	333415	Lease-Rental Payments	$	15,843,300	$	16,076,700	132146
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	132147
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	132148
GRF	334506	Court Costs	$	784,210	$	784,210	132149
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	132150
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	132151
GRF	335421	Continuum of Care Services	$	77,064,296	$	77,064,296	132152
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	132153
GRF	335504	Community Innovations	$	1,500,000	$	1,500,000	132154
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	132155
GRF	335507	Community Behavioral Health	$	50,000,000	$	50,000,000	132156
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	132157
TOTAL GRF General Revenue Fund			$	366,376,563	$	366,609,963	132158

General Services Fund Group	132159

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	132160
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	132161
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	132162
1500	334620	Special Education	$	150,000	$	150,000	132163
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	132164
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	132165
1510	336601	Office of Support Services	$	115,000,000	$	115,000,000	132166
TOTAL GSF General Services Fund Group			$	145,268,190	$	145,268,190	132167

Federal Special Revenue Fund Group	132168

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	132169
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	132170
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	132171
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	132172
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	132173
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	132174
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	3,237,574	132175
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	132176
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	132177
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	132178
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	132179
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	132180
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	132181
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	132182
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	132183
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	132184
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	132185
3H80	335606	Demonstration Grants	$	5,428,006	$	5,428,006	132186
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0	132187
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	132188
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0	132189
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	144,675,306	132190

State Special Revenue Fund Group	132191

2320	333621	Family and Children First Administration	$	400,000	$	400,000	132192
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	132193
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	132194
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	132195
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	132196
6890	333640	Education and Conferences	$	150,000	$	150,000	132197
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	132198
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	132199
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	132200
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	132201
6320	335616	Community Capital Replacement	$	350,000	$	350,000	132202
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	132203
TOTAL ALL BUDGET FUND GROUPS			$	695,602,192	$	687,851,556	132204

Section 327.20. TRANSITION RELATING TO CONSOLIDATION OF	132206
DEPARTMENTS	132207

Notwithstanding Chapters 340., 3793., 5119., and 5122. of the	132208
Revised Code, and any other provision of law to the contrary, on	132209
July 1, 2013, there is hereby created the Department of Mental	132210
Health and Addiction Services, which shall be administered by the	132211
Director of Mental Health and Addiction Services. The Director of	132212
Mental Health and Addiction Services shall be appointed by the	132213
Governor, with the advice and consent of the Senate, and shall	132214
hold office during the term of the appointing Governor, and is	132215
subject to removal at the pleasure of the Governor. The Director	132216
of Mental Health and Addiction Services is the executive head of	132217
the Department of Mental Health and Addiction Services. The	132218
Department of Alcohol and Drug Addiction Services and the	132219
Department of Mental Health shall be consolidated into the single	132220
Department of Mental Health and Addiction Services. All of the	132221
authority, functions, and assets and liabilities of the Department	132222
of Mental Health and the Department of Alcohol and Drug Addiction	132223
Services are transferred to the Department of Mental Health and	132224
Addiction Services. The Department of Mental Health and Addiction	132225
Services is thereupon and thereafter successor to, assumes the	132226
obligations of, and otherwise constitutes the continuation of the	132227
Department of Alcohol and Drug Addiction Services and the	132228
Department of Mental Health. The Director of Mental Health and	132229
Addiction Services assumes all of the duties, authorities, and	132230
responsibilities of the Director of Alcohol and Drug Addiction	132231
Services and the Director of Mental Health. Any action, license,	132232
or certification that was undertaken or issued by the Director of	132233
Alcohol and Drug Addiction Services or the Director of Mental	132234
Health that is current and valid on the effective date of the	132235
consolidation is deemed to be an action, license, or certification	132236
undertaken or issued by the Department of Mental Health and	132237
Addiction Services under the statute creating that Department.	132238

Any business commenced but not completed by July 1, 2013, by	132239
the Department of Mental Health or the Department of Alcohol and	132240
Drug Addiction Services shall be completed by the Department of	132241
Mental Health and Addiction Services. The business shall be	132242
completed in the same manner, and with the same effect, as if	132243
completed by the Department of Mental Health or by the Department	132244
of Alcohol and Drug Addiction Services prior to July 1, 2013.	132245

No validation, cure, right, privilege, remedy, obligation, or	132246
liability is lost or impaired by reason of this act's transfer of	132247
responsibility from the Department of Mental Health and the	132248
Department of Alcohol and Drug Addiction Services to the	132249
Department of Mental Health and Addiction Services. Each such	132250
validation, cure, right, remedy, obligation, or liability shall be	132251
administered by the Department of Mental Health and Addiction	132252
Services pursuant to the statute creating that department.	132253

All rules, orders, and determinations made or undertaken	132254
pursuant to the authority and responsibilities of the Department	132255
of Mental Health and the Department of Alcohol and Drug Addiction	132256
Services prior to July 1, 2013, shall continue in effect as rules,	132257
orders, and determinations of the Department of Mental Health and	132258
Addiction Services until modified or rescinded by the Department	132259
of Mental Health and Addiction Services. If necessary to ensure	132260
the integrity of the numbering system of the Administrative Code,	132261
the Director of the Legislative Service Commission shall renumber	132262
the rules to reflect the transfer of authority and responsibility	132263
to the Department of Mental Health and Addiction Services.	132264

Any action or proceeding that is related to the functions or	132265
duties of the Department of Mental Health or the Department of	132266
Alcohol and Drug Addiction Services pending on July 1, 2013, is	132267
not affected by the transfer of responsibility to the Department	132268
of Mental Health and Addiction Services and shall be prosecuted or	132269
defended in the name of the Department of Mental Health and	132270
Addiction Services. In all such actions and proceedings, the	132271
Department of Mental Health and Addiction Services, on application	132272
to the court, shall be substituted as a party.	132273

It is the intention of the Department of Mental Health and	132274
Addiction Services that community subsidies allocated or	132275
distributed by the department will be used to fund mental health	132276
and addiction services in largely the same proportion that such	132277
services were funded when allocated or distributed as separate	132278
funding streams through the separate Department of Mental Health	132279
or Department of Alcohol and Drug Addiction Services.	132280

All employees of the Department of Mental Health and the	132281
Department of Alcohol and Drug Addiction Services shall be	132282
employees of the Department of Mental Health and Addiction	132283
Services and shall serve in the positions previously held within	132284
their respective agencies unless the Department of Mental Health	132285
and Addiction Services determines otherwise. The merger of	132286
Department of Mental Health and Department of Alcohol and Drug	132287
Addiction Services shall not be deemed a transfer of employees	132288
pursuant to division (D)(3)(b) of section 124.11 of the Revised	132289
Code. Any unclassified employee of the Department of Mental Health	132290
and Addiction Services who held a right to resume a position	132291
within the classified service of his or her previous respective	132292
agency of the Department of Mental Health or the Department of	132293
Alcohol and Drug Addiction Services shall retain such a right	132294
subject to section 5119.18 of the Revised Code as may be amended.	132295

On July 1, 2013, or as soon as possible thereafter,	132296
notwithstanding any provision of law to the contrary, and if	132297
requested by the Department of Mental Health and Addiction	132298
Services, the Director of Budget and Management shall make budget	132299
changes made necessary by the consolidation, if any, including	132300
administrative organization, program transfers, the creation of	132301
new funds, the transfer of state funds, and the consolidation of	132302
funds, as authorized by this section. The Director of Budget and	132303
Management may make any transfer of cash balances between funds.	132304

On July 1, 2013, or as soon as possible thereafter, the	132305
Director of Mental Health and Addiction Services shall certify to	132306
the Director of Budget and Management all encumbrances held by the	132307
Department of Mental Health and the Department of Alcohol and Drug	132308
Addiction Services, and specify which of those encumbrances are	132309
requested to be transferred to the Department of Mental Health and	132310
Addiction Services. The Director of Budget and Management may	132311
cancel any existing encumbrances as certified by the Director of	132312
Mental Health and Addiction Services and re-establish them in the	132313
new agency. The re-established encumbrance amounts are hereby	132314
appropriated. Any business commenced but not completed with regard	132315
to the encumbrances certified shall be completed by the Department	132316
of Mental Health and Addiction Services in the same manner and	132317
with the same effect as if it were completed by the Department of	132318
Mental Health or the Department of Alcohol and Drug Addiction	132319
Services.	132320

Not later than 30 days after the transfer and consolidation	132321
of the operations and related management functions of the	132322
Department of Mental Health and the Department of Alcohol and Drug	132323
Addiction Services to the Department of Mental Health and	132324
Addiction Services, an authorized officer of the former Department	132325
of Mental Health and the former Department of Alcohol and Drug	132326
Addiction Services shall certify to the Director of Mental Health	132327
and Addiction Services the unexpended balance and location of any	132328
funds and accounts designated for building and facility operation	132329
and management functions, and the custody of such funds and	132330
accounts shall be transferred to the Department of Mental Health	132331
and Addiction Services.	132332

Effective July 1, 2013, the Director of Budget and Management	132333
shall cancel any existing encumbrances against appropriation item	132334
038616, Problem Gambling Services, and re-establish them against	132335
appropriation items 333641, Problem Gambling Services -	132336
Administration, and 335641, Problem Gambling Services. The	132337
re-established encumbrance amounts are hereby appropriated. Any	132338
business commenced but not completed under appropriation item	132339
038616 by July 1, 2013, shall be completed under appropriation	132340
items 333641 and 335641 in the same manner and with the same	132341
effect as if it were completed with regard to appropriation item	132342
038616.	132343

Effective July 1, 2013, the Director of Budget and Management	132344
shall cancel any existing encumbrances against appropriation item	132345
038614, Substance Abuse Block Grant, and re-establish them against	132346
appropriation items 333618, Substance Abuse Block Grant -	132347
Administration, and 335618, Substance Abuse Block Grant. The	132348
re-established encumbrance amounts are hereby appropriated. Any	132349
business commenced but not completed under appropriation item	132350
038614 by July 1, 2013, shall be completed under appropriation	132351
items 333618 and 335618 in the same manner and with the same	132352
effect as if it were completed with regard to appropriation item	132353
038614.	132354

Effective July 1, 2013, the Director of Budget and Management	132355
shall cancel any existing encumbrances against appropriation item	132356
038609, Demonstration Grants, and re-establish them against	132357
appropriation items 333606, Demonstration Grants - Administration,	132358
and 335606, Demonstration Grants. The re-established encumbrance	132359
amounts are hereby appropriated. Any business commenced but not	132360
completed under appropriation item 038609 by July 1, 2013, shall	132361
be completed under appropriation items 333606 and 335606 in the	132362
same manner and with the same effect as if it were completed with	132363
regard to appropriation item 038609.	132364

Effective July 1, 2013, the Director of Budget and Management	132365
shall cancel any existing encumbrances against appropriation item	132366
038621, Statewide Treatment and Prevention, and re-establish them	132367
against appropriation items 333623, Statewide Treatment and	132368
Prevention - Administration, and 335623, Statewide Treatment and	132369
Prevention. The re-established encumbrance amounts are hereby	132370
appropriated. Any business commenced but not completed under	132371
appropriation item 038621 by July 1, 2013, shall be completed	132372
under appropriation items 333623 and 335623 in the same manner and	132373
with the same effect as if it were completed with regard to	132374
appropriation item 038621.	132375

Effective July 1, 2013, the Director of Budget and Management	132376
shall cancel any existing encumbrances against appropriation item	132377
038629, Problem Gambling and Casino Addictions, and re-establish	132378
them against appropriation items 333629, Problem Gambling and	132379
Casino Addictions - Administration, and 335629, Problem Gambling	132380
and Casino Addictions. The re-established encumbrance amounts are	132381
hereby appropriated. Any business commenced but not completed	132382
under appropriation item 038629 by July 1, 2013, shall be	132383
completed under appropriation items 333629 and 335629 in the same	132384
manner and with the same effect as if it were completed with	132385
regard to appropriation item 038629.	132386

Effective July 1, 2013, the Director of Budget and Management	132387
shall cancel any existing encumbrances against appropriation item	132388
038611, Administrative Reimbursement, and re-establish them	132389
against appropriation item 333639, Administrative Reimbursement.	132390
The re-established encumbrance amounts are hereby appropriated.	132391
Any business commenced but not completed under appropriation item	132392
038611 by July 1, 2013, shall be completed under appropriation	132393
item 333639 in the same manner and with the same effect as if it	132394
were completed with regard to appropriation item 038611.	132395

Effective July 1, 2013, the Director of Budget and Management	132396
shall cancel any existing encumbrances against appropriation item	132397
335635, Community Medicaid Expansion, and re-establish them	132398
against appropriation item 652635, Community Medicaid Legacy	132399
Costs. The re-established encumbrance amounts are hereby	132400
appropriated. Any business commenced but not completed under	132401
appropriation item 335635 by July 1, 2013, shall be completed	132402
under appropriation item 652635 in the same manner and with the	132403
same effect as if it were completed with regard to appropriation	132404
item 335635.	132405

Effective July 1, 2013, the Director of Budget and Management	132406
shall cancel any existing encumbrances against appropriation item	132407
333635, Community Medicaid Expansion, and re-establish them	132408
against appropriation item 652636, Community Medicaid Legacy	132409
Support. The re-established encumbrance amounts are hereby	132410
appropriated. Any business commenced but not completed under	132411
appropriation item 333635 by July 1, 2013, shall be completed	132412
under appropriation item 652636 in the same manner and with the	132413
same effect as if it were completed with regard to appropriation	132414
item 333635.	132415

Effective July 1, 2013, the Director of Budget and Management	132416
shall cancel any existing encumbrances against appropriation item	132417
038610, Medicaid, and re-establish them against appropriation item	132418
652609, Medicaid Legacy Costs Support. The re-established	132419
encumbrance amounts are hereby appropriated. Any business	132420
commenced but not completed under appropriation item 038610 by	132421
July 1, 2013, shall be completed under appropriation item 652609	132422
in the same manner and with the same effect as if it were	132423
completed with regard to appropriation item 038610.	132424

Effective July 1, 2013, the Director of Budget and Management	132425
shall cancel any existing encumbrances against appropriation item	132426
038604, Education and Conferences, and re-establish them against	132427
appropriation item 333640, Education and Conferences. The	132428
re-established encumbrance amounts are hereby appropriated. Any	132429
business commenced but not completed under appropriation item	132430
038604 by July 1, 2013, shall be completed under appropriation	132431
item 333640 in the same manner and with the same effect as if it	132432
were completed with regard to appropriation item 038604.	132433

Effective July 1, 2013, the Director of Budget and Management	132434
shall cancel any existing encumbrances against appropriation item	132435
038401, Treatment Services, and re-establish them against	132436
appropriation items 335421, Continuum of Care Services, 335422,	132437
Criminal Justice Services, and 335406, Prevention and Wellness.	132438
The re-established encumbrance amounts are hereby appropriated.	132439
Any business commenced but not completed under appropriation item	132440
038401 by July 1, 2013, shall be completed under appropriation	132441
items 335421, 335422, and 335406 in the same manner and with the	132442
same effect as if it were completed with regard to appropriation	132443
item 038401.	132444

Effective July 1, 2013, the Director of Budget and Management	132445
shall cancel any existing encumbrances against appropriation item	132446
335419, Community Medication Subsidy, and re-establish them	132447
against appropriation item 335421, Continuum of Care Services. The	132448
re-established encumbrance amounts are hereby appropriated. Any	132449
business commenced but not completed under appropriation item	132450
335419 by July 1, 2013, shall be completed under appropriation	132451
item 335421 in the same manner and with the same effect as if it	132452
were completed with regard to appropriation item 335419.	132453

Effective July 1, 2013, the Director of Budget and Management	132454
shall cancel any existing encumbrances against appropriation item	132455
335505, Local Mental Health Systems of Care, and re-establish them	132456
against appropriation item 335421, Continuum of Care Services. The	132457
re-established encumbrance amounts are hereby appropriated. Any	132458
business commenced but not completed under appropriation item	132459
335505 by July 1, 2013, shall be completed under appropriation	132460
item 335421 in the same manner and with the same effect as if it	132461
were completed with regard to appropriation item 335505.	132462

Effective July 1, 2013, the Director of Budget and Management	132463
shall cancel any existing encumbrances against appropriation item	132464
332401, Forensic Services, and re-establish them against	132465
appropriation item 335422, Criminal Justice Services. The	132466
re-established encumbrance amounts are hereby appropriated. Any	132467
business commenced but not completed under appropriation item	132468
332401 by July 1, 2013, shall be completed under appropriation	132469
item 335422 in the same manner and with the same effect as if it	132470
were completed with regard to appropriation item 332401.	132471

Effective July 1, 2013, the Director of Budget and Management	132472
shall cancel any existing encumbrances against appropriation item	132473
333403, Pre-Admission Screening Expenses, and re-establish them	132474
against appropriation item 652507, Medicaid Support. The	132475
re-established encumbrance amounts are hereby appropriated. Any	132476
business commenced but not completed under appropriation item	132477
333403 by July 1, 2013, shall be completed under appropriation	132478
item 652507 in the same manner and with the same effect as if it	132479
were completed with regard to appropriation item 333403.	132480

Effective July 1, 2013, the Director of Budget and Management	132481
shall cancel any existing encumbrances against appropriation item	132482
038900, Indigent Drivers Alcohol Treatment, and re-establish them	132483
against appropriation item 335900, Indigent Drivers Alcohol	132484
Treatment. The re-established encumbrance amounts are hereby	132485
appropriated. Any business commenced but not completed under	132486
appropriation item 038900 by July 1, 2013, shall be completed	132487
under appropriation item 335900 in the same manner and with the	132488
same effect as if it were completed with regard to appropriation	132489
item 038900.	132490

Effective July 1, 2013, the Director of Budget and Management	132491
shall cancel any existing encumbrances against appropriation item	132492
038404, Prevention Services, and re-establish them against	132493
appropriation item 335406, Prevention and Wellness. The	132494
re-established encumbrance amounts are hereby appropriated. Any	132495
business commenced but not completed under appropriation item	132496
038404 by July 1, 2013, shall be completed under appropriation	132497
item 335406 in the same manner and with the same effect as if it	132498
were completed with regard to appropriation item 038404.	132499

Section 327.20.10. Effective July 1, 2013, the Director of	132500
Mental Health and Addiction Services, with respect to all mental	132501
health and addiction facilities and services established and	132502
operated or provided under Chapter 340. of the Revised Code shall	132503
do all of the following:	132504

(A) To the extent the Director determines necessary, and	132505
after consultation with the boards of alcohol, drug addiction, and	132506
mental health services, develop and operate, or contract for the	132507
operation of, a community behavioral health information system or	132508
systems, and shall specify the information that must be provided	132509
by boards of alcohol, drug addiction, and mental health services	132510
for inclusion in the system or systems, which may include	132511
information on services provided in whole or in part under	132512
contract with a board, financial information regarding	132513
expenditures of federal, state, or local funds by boards, and	132514
information about persons served under contract with a board.	132515

(B)(1) Receive and review each board's community mental	132516
health and addiction services plan, budget, and statement of	132517
services to be made available, and approve or disapprove the plan,	132518
budget, and statement of services in whole or in part.	132519

(2) The Department may withhold all or part of the funds	132520
allocated to a board if it disapproves all or part of a plan,	132521
budget, or statement of service.	132522

(3) Prior to a final decision to disapprove a plan, budget,	132523
or statement of services, or to withhold funds from a board, a	132524
representative of the Director shall meet with the board to	132525
discuss the reasons for the action and any corrective action that	132526
should be taken to make the plan, budget, or statement of services	132527
acceptable, and give the board a reasonable time in which to	132528
revise the plan, budget, or statement of services.	132529

(C) Establish procedures for the review of plans, budgets,	132530
and statements of services, and a timetable for submission and	132531
review. Boards of alcohol, drug addiction, and mental health	132532
services shall submit to the Department of Mental Health and	132533
Addiction Services the information, plans, budgets, and statements	132534
of services described above in accordance with the guidance or	132535
directives of the Department or Director. After notifying and	132536
consulting with relevant constituents, the Department of Mental	132537
Health and Addiction Services shall establish a methodology for	132538
allocating to boards of alcohol, drug addiction, and mental health	132539
services the funds appropriated by the General Assembly to the	132540
Department for the purpose of local mental health and addiction	132541
services continuums of care. Subject to existing provisions of law	132542
that permit the Director to withhold funds from boards of alcohol,	132543
drug addiction, and mental health services for failure to comply	132544
with applicable sections of law, or for discriminating in making	132545
services available, and subject to a board's submission and	132546
approval of the required plan, budget, and statement of services	132547
described above, the Department shall allocate the funds to the	132548
boards in a manner consistent with the methodology and state and	132549
federal laws, rules, and regulations.	132550

Portions of appropriation items 333609, Central Office	132551
Operating, 333606, Demonstration Grants - Administration, 333612,	132552
Social Services Block Grant - Administration, 333613, Federal	132553
Grants - Administration, 333614, Mental Health Block Grant -	132554
Administration, 333618, Substance Abuse Block Grant -	132555
Administration, 333623, Statewide Treatment and Prevention -	132556
Administration, 333629, Problem Gambling and Casino Addictions -	132557
Administration, 333608, Federal Miscellaneous - Administration,	132558
333641, Problem Gambling Services - Administration, 335406,	132559
Prevention and Wellness, 335421, Continuum of Care Services,	132560
335422, Criminal Justice Services, 335604, Community Mental Health	132561
Projects, 335606, Demonstration Grants, 335612, Social Services	132562
Block Grant, 335613, Federal Grant - Community Mental Health	132563
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	132564
Health Care, 335618, Substance Abuse Block Grant, 335623,	132565
Statewide Treatment and Prevention, 335629, Problem Gambling and	132566
Casino Addictions, 335638, Race to the Top - Early Learning	132567
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	132568
may be used to pay for the Department and board functions	132569
enumerated above.	132570

Section 327.20.20. (A) Effective July 1, 2013, all records	132571
and reports, other than court journal entries or court docket	132572
entries, identifying a person and pertaining to the person's	132573
mental health condition, assessment, provision of care or	132574
treatment, or payment for assessment, care, or treatment that are	132575
maintained in connection with any services certified by the	132576
Department of Mental Health and Addiction Services, or any	132577
hospitals or facilities licensed or operated by the Department,	132578
shall be kept confidential and shall not be disclosed by any	132579
person, with the following exceptions:	132580

(1) If the person identified, or the person's legal guardian,	132581
if any, or if the person is a minor, the person's parent or legal	132582
guardian, consents.	132583

(2) When disclosure is provided for in Chapters 340., 5119.,	132584
or 5122., or in Title 47 of the Revised Code.	132585

(3) Hospitals, boards of alcohol, drug addiction, and mental	132586
health services, licensed facilities, and community mental health	132587
services providers may release necessary information to insurers	132588
and other third-party payers, including government entities	132589
responsible for processing and authorizing payment, to obtain	132590
payment for goods and services furnished to the person.	132591

(4) Pursuant to a court order signed by a judge;

132592

(5) A person shall be granted access to the person's own	132593
psychiatric and medical records unless access specifically is	132594
restricted in a person's treatment plan for clear treatment	132595
reasons.	132596

(6) The Department of Mental Health and Addiction Services	132597
may exchange psychiatric records and other pertinent information	132598
with community mental health services providers and boards of	132599
alcohol, drug addiction, and mental health services relating to	132600
the person's care or services. Records and information that may be	132601
exchanged pursuant to this division shall be limited to medication	132602
history, physical health status and history, financial status,	132603
summary of course of treatment, summary of treatment needs, and a	132604
discharge summary, if any.	132605

(7) The Department of Mental Health and Addiction Services,	132606
hospitals, and community providers operated by the Department,	132607
hospitals licensed by the Department under section 5119.20	132608
(5119.33) of the Revised Code and community mental health services	132609
providers may exchange psychiatric records and other pertinent	132610
information with payers and other providers of treatment and	132611
health services if the purpose of the exchange is to facilitate	132612
continuity of care for the person or for the emergency treatment	132613
of the person.	132614

(8) The Department of Mental Health and Addiction Services	132615
and community mental health services providers may exchange	132616
psychiatric records and other pertinent information with boards of	132617
alcohol, drug addiction, and mental health services for purposes	132618
of any board function set forth in Chapter 340. of the Revised	132619
Code. Boards of alcohol, drug addiction, and mental health	132620
services shall not access or use any personal information from the	132621
Department or providers except as required or permitted by this	132622
section, or Chapters 340. and 5122. of the Revised Code for	132623
purposes related to payment, care coordination, health care	132624
operations, program and service evaluation, reporting activities,	132625
research, system administration, oversight, or other authorized	132626
purposes.	132627

(9) A person's family member who is involved in the	132628
provision, planning, and monitoring of services to the person may	132629
receive medication information, a summary of the person's	132630
diagnosis and prognosis, and a list of the services and personnel	132631
available to assist the person and the person's family, if the	132632
person's treatment provider determines that the disclosure would	132633
be in the best interests of the person. No such disclosure shall	132634
be made unless the person is notified first and receives the	132635
information and does not object to the disclosure.	132636

(10) Community mental health services providers may exchange	132637
psychiatric records and certain other information with the board	132638
of alcohol, drug addiction, and mental health services and other	132639
providers in order to provide services to a person involuntarily	132640
committed to a board. Release of records under this division shall	132641
be limited to medication history, physical health status and	132642
history, financial status, summary of course of treatment, summary	132643
of treatment needs, and discharge summary, if any.	132644

(11) Information may be disclosed to the executor or the	132645
administrator of an estate of a deceased person when the	132646
information is necessary to administer the estate.	132647

(12) Information may be disclosed to staff members of the	132648
appropriate board or to staff members designated by the Director	132649
of Mental Health and Addiction Services for the purpose of	132650
evaluating the quality, effectiveness, and efficiency of services	132651
and determining if the services meet minimum standards.	132652
Information obtained during such evaluations shall not be retained	132653
with the name of any person.	132654

(13) Records pertaining to the person's diagnosis, course of	132655
treatment, treatment needs, and prognosis shall be disclosed and	132656
released to the appropriate prosecuting attorney if the person was	132657
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401,	132658
or 2945.402 of the Revised Code, or to the attorney designated by	132659
the board for proceedings pursuant to involuntary commitment under	132660
Chapter 5122. of the Revised Code.	132661

(14) The Department of Mental Health and Addiction Services	132662
may exchange psychiatric hospitalization records, other mental	132663
health treatment records, and other pertinent information with the	132664
Department of Rehabilitation and Correction and with the	132665
Department of Youth Services to ensure continuity of care for	132666
inmates and offenders who are receiving mental health services in	132667
an institution of the Department of Rehabilitation and Correction	132668
or the Department of Youth Services and may exchange psychiatric	132669
hospitalization records, other mental health treatment records,	132670
and other pertinent information with boards of alcohol, drug	132671
addiction, and mental health services and community mental health	132672
services providers to ensure continuity of care for inmates or	132673
offenders who are receiving mental health services in an	132674
institution and are scheduled for release within six months. The	132675
release of records under this division is limited to records	132676
regarding an inmate's or offender's medication history, physical	132677
health status and history, summary of course of treatment, summary	132678
of treatment needs, and a discharge summary, if any.	132679

(15) A community mental health services provider that ceases	132680
to operate may transfer to either a community mental health	132681
services provider that assumes its caseload or to the board of	132682
alcohol, drug addiction, and mental health services of the service	132683
district in which the person resided at the time services were	132684
most recently provided any treatment records that have not been	132685
transferred elsewhere at the person's request.	132686

(B) Before records are disclosed pursuant to divisions	132687
(A)(3), (6), or (10) of this section, the custodian of the records	132688
shall attempt to obtain the consent of the person in question for	132689
the disclosure.	132690

(C) No person shall reveal the content of a medical record of	132691
a person except as authorized by the law.	132692

(D) Portions of appropriation items 333321, Central	132693
Administration, 333416, Research Program Evaluation, 333605,	132694
Medicaid/Medicare - Refunds, 333606, Demonstration Grants -	132695
Administration, 333608, Federal Miscellaneous - Administration,	132696
333609, Central Office Opening, 333611, Non-Federal Miscellaneous,	132697
333612, Social Services Block Grant - Administration, 333613,	132698
Federal Grants - Administration, 333614, Mental Health Block Grant	132699
- Administration, 333618, Substance Abuse Block Grant -	132700
Administration, 333621, Family and Children First Administration,	132701
333623, Statewide Treatment and Prevention - Administration,	132702
333629, Problem Gambling and Casino Addictions - Administration,	132703
333632, Mental Health Operating - Refunds, 333608, Federal	132704
Miscellaneous - Administration, 333640, Education and Conferences,	132705
333641, Problem Gambling Services - Administration, 333639,	132706
Administrative Reimbursement, 334605, Medicaid/Medicare -	132707
Hospitals, 334608, Federal Miscellaneous - Hospitals, 334609,	132708
Hospital - Operating Expenses, 334613, Federal Letter of Credit,	132709
334620, Special Education, 334632, Mental Health Operating -	132710
Hospitals, 335405, Family and Children First, 335406, Prevention	132711
and Wellness, 335421, Continuum of Care Services, 335422, Criminal	132712
Justice Services, 335604, Community Mental Health Projects,	132713
335506, Residential State Supplement, 335608, Federal	132714
Miscellaneous, 335606, Demonstration Grants, 335612, Social	132715
Services Block Grant, 335613, Federal Grant - Community Mental	132716
Health Subsidy, 335614, Mental Health Block Grant, 335615,	132717
Behavioral Health Care, 335618, Substance Abuse Block Grant,	132718
335623, Statewide Treatment and Prevention, 335629, Problem	132719
Gambling and Casino Addictions, 335638, Race to the Top - Early	132720
Learning Challenge Grant, 335900, Indigent Drivers Alcohol	132721
Treatment, 336601, Office of Support Services, 652609, Medicaid	132722
Legacy Costs Support, 652635, Community Medicaid Legacy Costs, and	132723
652636, Community Medicaid Legacy Support, may be used to pay for	132724
the Department and community mental health system functions that	132725
operate under the confidentiality provisions enumerated above.	132726

Section 327.20.30. Effective July 1, 2013, the Director of	132727
Mental Health and Addiction Services may adopt rules pursuant to	132728
Chapter 119. of the Revised Code governing licensure and operation	132729
of residential facilities, that include procedures for conducting	132730
criminal records checks for operators, employees, and volunteers	132731
who have direct access to facility residents.	132732

Portions of appropriation items 334506, Court Costs, 335406,	132733
Prevention and Wellness, 335421, Continuum of Care Services,	132734
335614, Mental Health Block Grant, 335506, Residential State	132735
Supplement, 335615, Behavioral Health Care, 335618, Substance	132736
Abuse Block Grant, 335623, Statewide Treatment and Prevention, and	132737
335900, Indigent Drivers Alcohol Treatment, may be used to pay for	132738
these regulated activities.	132739

Section 327.20.40. Effective July 1, 2013, to the extent	132740
funds are available and on application of boards of alcohol, drug	132741
addiction, and mental health services, the Director of Mental	132742
Health and Addiction Services may approve state reimbursement of,	132743
or state grants for, community construction programs, including	132744
residential housing for severely mentally disabled persons and	132745
persons with substance use disorders. The Director may also	132746
approve an application for reimbursement or a grant for such	132747
programs submitted by other governmental entities or by private,	132748
nonprofit organizations after the board of alcohol, drug	132749
addiction, and mental health services has reviewed and approved	132750
the application and the application is consistent with the plan,	132751
budget, and statement of services submitted to and approved by the	132752
Department. The Director shall adopt rules in accordance with	132753
Chapter 119. of the Revised Code that specify procedures for	132754
applying for state reimbursement and for state grants for	132755
community construction programs, including residential housing for	132756
severely mentally disabled persons and persons with substance use	132757
disorders.	132758

Portions of appropriation item 335616, Community Capital	132759
Replacement, may be used to pay for the Department functions	132760
enumerated above.	132761

Section 327.20.50. Effective July 1, 2013, the Department of	132762
Mental Health and Addiction Services shall collect information	132763
about services delivered and persons served as required for	132764
reporting and evaluation relating to state and federal funds	132765
expended for such purposes. No alcohol, drug addiction, or mental	132766
health program, agency, or services provider shall fail to supply	132767
statistics or other information within its knowledge and with	132768
respect to its programs or services upon the request of the	132769
department.	132770

Portions of appropriation items 333321, Central	132771
Administration, 333609 Central Office Operating, 333606,	132772
Demonstration Grants - Administration, 333612, Social Services	132773
Block Grant - Administration, 333613, Federal Grants -	132774
Administration, 333614, Mental Health Block Grant -	132775
Administration, 333618, Substance Abuse Block Grant -	132776
Administration, 333623, Statewide Treatment and Prevention -	132777
Administration, 333629, Problem Gambling and Casino Addictions -	132778
Administration, 333608, Federal Miscellaneous - Administration,	132779
333641, Problem Gambling Services - Administration, 335406,	132780
Prevention and Wellness, 335421, Continuum of Care Services,	132781
335422, Criminal Justice Services, 335604, Community Mental Health	132782
Projects, 335606, Demonstration Grants, 335612, Social Services	132783
Block Grant, 335613, Federal Grant - Community Mental Health	132784
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	132785
Health Care, 335618, Substance Abuse Block Grant, 335623,	132786
Statewide Treatment and Prevention, 335629, Problem Gambling and	132787
Casino Addictions, 335638, Race to the Top - Early Learning	132788
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	132789
652609, Medicaid Legacy Costs Support, and 652636, Community	132790
Medicaid Legacy Support, may be used to pay for the Department	132791
information collection and reporting functions enumerated above.	132792

Section 327.20.60. The Department of Mental Health and	132793
Addiction Services shall administer specified Medicaid services as	132794
delegated by the State's single agency responsible for the	132795
Medicaid program. Effective July 1, 2013, the Department shall use	132796
appropriation item 652507, Medicaid Support, to fund the	132797
Medicaid-related services and supports performed by the	132798
Department.	132799

Section 327.30. RESIDENT TRAINEES

132800

The foregoing appropriation item 333402, Resident Trainees,	132801
shall be used to fund training agreements entered into by the	132802
Director of Mental Health and Addiction Services for the	132803
development of curricula and the provision of training programs to	132804
support public mental health services.	132805

Section 327.40. LEASE-RENTAL PAYMENTS

132806

The foregoing appropriation item 333415, Lease-Rental	132807
Payments, shall be used to meet all payments at the times they are	132808
required to be made during the period from July 1, 2013, through	132809
June 30, 2015, by the Department of Mental Health and Addiction	132810
Services under leases and agreements made under section 154.20 of	132811
the Revised Code. These appropriations are the source of funds	132812
pledged for bond service charges on obligations issued pursuant to	132813
Chapter 154. of the Revised Code.	132814

Section 327.50. HOSPITAL SERVICES

132815

The foregoing appropriation item 334412, Hospital Services,	132816
shall be used for the operation of the State Regional Psychiatric	132817
Hospitals, including, but not limited to, all aspects involving	132818
civil and forensic commitment, treatment, and discharge as	132819
determined by the Director of Mental Health and Addiction	132820
Services. A portion of this appropriation may be used by the	132821
Department of Mental Health and Addiction Services to create,	132822
purchase, or contract for the custody, supervision, control, and	132823
treatment of persons committed to the Department of Mental Health	132824
and Addiction Services in other clinically appropriate	132825
environments, consistent with public safety.	132826

Section 327.60. CONTINUUM OF CARE SERVICES

132827

The foregoing appropriation item 335421, Continuum of Care	132828
Services, shall be used as follows:	132829

(A) A portion of this appropriation may be allocated to	132830
community alcohol, drug addiction, and mental health services	132831
boards in accordance with a distribution methodology determined by	132832
the Director of Mental Health and Addiction Services:	132833

(1) For the boards to purchase mental health and addiction	132834
services permitted under Chapter 340. of the Revised Code;	132835

(2) To provide subsidized support for psychotropic medication	132836
needs of indigent citizens in the community to reduce unnecessary	132837
hospitalization due to lack of medication; and	132838

(3) To provide subsidized support for medication assisted	132839
treatment costs.	132840

(B) A portion of this appropriation may be distributed to	132841
community alcohol, drug addiction, and mental health services	132842
boards, community addiction and/or mental health services	132843
providers, courts, or other governmental entities to provide	132844
specific grants in support of mental health and addiction services	132845
initiatives.	132846

(C) $665,196 shall be allocated to The Ohio State University	132847
STAR House in each fiscal year.	132848

Section 327.70. CRIMINAL JUSTICE SERVICES

132849

The foregoing appropriation item 335422, Criminal Justice	132850
Services, shall be used to provide forensic psychiatric	132851
evaluations to courts of common pleas and to conduct evaluations	132852
of patients of forensic status in facilities operated or	132853
designated by the Department of Mental Health and Addiction	132854
Services prior to conditional release to the community. A portion	132855
of this appropriation may be allocated through community alcohol,	132856
drug addiction, and mental health services boards to community	132857
addiction and/or mental health services providers in accordance	132858
with a distribution methodology as determined by the Director of	132859
Mental Health and Addiction Services.	132860

Appropriation item 335422, Criminal Justice Services, may	132861
also be used to:	132862

(A) Provide forensic monitoring and tracking of individuals	132863
on conditional release;	132864

(B) Provide forensic training;

132865

(C) Support projects that assist courts and law enforcement	132866
to identify and develop appropriate alternative services to	132867
incarceration for nonviolent mentally ill offenders;	132868

(D) Provide specialized re-entry services to offenders	132869
leaving prisons and jails;	132870

(E) Provide specific grants in support of addiction services	132871
alternatives to incarceration;	132872

(F) Support specialty dockets; and

132873

(G) Support therapeutic communities.

132874

Section 327.80. COMMUNITY INNOVATIONS

132875

The foregoing appropriation item 335504, Community	132876
Innovations, may be used by the Department of Mental Health and	132877
Addiction Services to make targeted investments in programs,	132878
projects, or systems operated by or under the authority of other	132879
state agencies, governmental entities, or private not-for-profit	132880
agencies that impact, or are impacted by, the operations and	132881
functions of the Department, with the goal of achieving a net	132882
reduction in expenditure of state general revenue funds and/or	132883
improved outcomes for Ohio citizens without a net increase in	132884
state general revenue fund spending.	132885

The Director shall identify and evaluate programs, projects,	132886
or systems proposed or operated, in whole or in part, outside of	132887
the authority of the Department, where targeted investment of	132888
these funds in the program, project, or system is expected to	132889
decrease demand for the Department or other resources funded with	132890
state general revenue funds, and/or to measurably improve outcomes	132891
for Ohio citizens with mental illness or with alcohol, drug, or	132892
gambling addictions. The Director shall have discretion to	132893
transfer money from the appropriation item to other state	132894
agencies, governmental entities, or private not-for-profit	132895
agencies in amounts, and subject to conditions, that the Director	132896
determines most likely to achieve state savings and/or improved	132897
outcomes. Distribution of moneys from this appropriation item	132898
shall not be subject to sections 9.23 to 9.239 or Chapter 125. of	132899
the Revised Code.	132900

The Department shall enter into an agreement with each	132901
recipient of community innovation funds, identifying: allowable	132902
expenditure of the funds; other commitment of funds or other	132903
resources to the program, project, or system; expected state	132904
savings and/or improved outcomes and proposed mechanisms for	132905
measurement of such savings or outcomes; and required reporting	132906
regarding expenditure of funds and savings or outcomes achieved.	132907

The foregoing appropriation item 335504, Community	132908
Innovations, may also be used by the Department to make payments	132909
to the Rehabilitation Services Commission for vocational	132910
rehabilitation services to individuals receiving mental health or	132911
addiction services paid for with public dollars.	132912

Section 327.83. COMMUNITY BEHAVIORAL HEALTH

132913

Of the foregoing appropriation item 335507, Community	132914
Behavioral Health, $30,000,000 in each fiscal year shall be	132915
allocated to community alcohol, drug addiction, and mental health	132916
services boards to provide mental health services. The Department	132917
of Mental Health and Addiction Services shall allocate these funds	132918
to the boards using the same methodology used to allocate other	132919
mental health services subsidies.	132920

Of the foregoing appropriation item 335507, Community	132921
Behavioral Health, $20,000,000 in each fiscal year shall be	132922
allocated to community alcohol, drug addiction, and mental health	132923
services boards to be used for addiction services including	132924
medication, treatment programs, and counseling. Of this amount, at	132925
least fifty per cent shall be used for drug treatment using	132926
non-opiate drugs. The Department shall allocate these funds to the	132927
boards using the same methodology used to allocate other addiction	132928
services subsidies.	132929

Section 327.90. COMMUNITY OPERATING/PLANNING

132930

Appropriation item 335609, Community Operating/Planning, may	132931
be used by the Department of Mental Health and Addiction Services	132932
to make payments to the Rehabilitation Services Commission for	132933
vocational rehabilitation services to individuals receiving mental	132934
health or addiction services paid for with public dollars.	132935

In addition, appropriation item 335609, Community	132936
Operating/Planning, may be used by the Department to make	132937
incentive payments to operators of residential facilities that are	132938
licensed by the Department of Mental Health and Addiction Services	132939
and provide accommodations and personal care services for one or	132940
two unrelated adults or accommodations, supervision, and personal	132941
care services for three to sixteen unrelated adults. The incentive	132942
payments shall be granted based upon operators demonstrating	132943
linkage between their facilities' residents and community	132944
resources, based on the residents' needs including, but not	132945
limited to, aged, mental health, and physical health issues. The	132946
financial incentive shall be used to support community living for	132947
individuals with a disability or who are aged, and to assist with	132948
costs arising from facility operations.	132949

Appropriation item 335609, Community Operating/Planning, may	132950
also be used by the Department to support non-Medicaid program	132951
costs for individuals moving into community settings.	132952

Section 327.100. RESIDENTIAL STATE SUPPLEMENT

132953

(A) As used in this section:

132954

(1) "Residential facility" means a facility licensed by the	132955
Department of Mental Health and Addiction Services under section	132956
5119.34 of the Revised Code.	132957

(2) "Residential care facility" means a facility licensed by	132958
the Director of Health under Chapter 3721. of the Revised Code or	132959
by a political subdivision certified under section 3721.09 of the	132960
Revised Code.	132961

(B) The foregoing appropriation item 335506, Residential	132962
State Supplement, may be used by the Department of Mental Health	132963
and Addiction Services to provide training for residential	132964
facilities providing accommodations, supervision, and personal	132965
care services to three to sixteen unrelated adults with mental	132966
illness, to transfer cash to the Nursing Home Franchise Permit Fee	132967
Fund (Fund 5R20) used by the Department of Job and Family	132968
Services, and to make benefit payments to residential state	132969
supplement recipients.	132970

(C) Under the Residential State Supplement Program, the	132971
amount used to determine whether a resident is eligible for	132972
payment, and for determining the amount per month the eligible	132973
resident will receive, shall be as follows:	132974

(1) $927 for a residential care facility;

132975

(2) $927 for a residential facility that provides	132976
accommodations, supervision, and personal care services for six to	132977
sixteen unrelated adults as described in section 5119.34 of the	132978
Revised Code;	132979

(3) $824 for a residential facility that provides	132980
accommodations, supervision, and personal care services for one or	132981
two unrelated adults as described in division (A)(9)(b)(ii) of	132982
section 5119.34 of the Revised Code;	132983

(4) $824 for a residential facility providing accommodations,	132984
supervision, and personal care services to three to five unrelated	132985
adults, as described in section 5119.34 of the Revised Code;	132986

(5) $824 for a residential facility that provides	132987
accommodations, supervision, and personal care services for one or	132988
two unrelated persons with mental illness or persons with severe	132989
mental disabilities who are referred by or are receiving mental	132990
health services from a community mental health services provider	132991
or a hospital, as described in division (A)(9)(b)(i) of section	132992
5119.34 of the Revised Code;	132993

(6) $618 for community mental health housing services, as	132994
described in division (D)(1)(c) of section 5119.41 of the Revised	132995
Code.	132996

The Department of Mental Health and Addiction Services shall	132997
reflect these amounts in any applicable rules the Department	132998
adopts under section 5119.41 of the Revised Code.	132999

(D) The Department of Mental Health and Addiction Services	133000
shall, with the input of stakeholders and impacted state agencies,	133001
conduct a review of the state and federal rules and statutes	133002
governing the Residential State Supplement Program and report on	133003
potential improvements to be made in governing the program not	133004
later than January 1, 2014.	133005

Section 327.110. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	133006
POOL	133007

A county family and children first council may establish and	133008
operate a flexible funding pool in order to assure access to	133009
needed services by families, children, and older adults in need of	133010
protective services. The operation of the flexible funding pools	133011
shall be subject to the following restrictions:	133012

(A) The county council shall establish and operate the	133013
flexible funding pool in accordance with formal guidance issued by	133014
the Family and Children First Cabinet Council;	133015

(B) The county council shall produce an annual report on its	133016
use of the pooled funds. The annual report shall conform to a	133017
format prescribed in the formal guidance issued by the Family and	133018
Children First Cabinet Council;	133019

(C) Unless otherwise restricted, funds transferred to the	133020
flexible funding pool may include state general revenues allocated	133021
to local entities to support the provision of services to families	133022
and children;	133023

(D) The amounts transferred to the flexible funding pool	133024
shall be limited to amounts that can be redirected without	133025
impairing the achievement of the objectives for which the initial	133026
allocation is designated; and	133027

(E) Each amount transferred to the flexible funding pool from	133028
a specific allocation shall be approved for transfer by the	133029
director of the local agency that was the original recipient of	133030
the allocation.	133031

Section 329.10. MIH COMMISSION ON MINORITY HEALTH

133032

General Revenue Fund	133033

GRF	149321	Operating Expenses	$	581,490	$	591,615	133034
GRF	149501	Minority Health Grants	$	889,100	$	878,975	133035
GRF	149502	Lupus Program	$	110,047	$	110,047	133036
TOTAL GRF General Revenue Fund			$	1,580,637	$	1,580,637	133037

Federal Special Revenue Fund Group	133038

3J90	149602	Federal Grants	$	140,000	$	140,000	133039
TOTAL FED Federal Special Revenue							133040
Fund Group			$	140,000	$	140,000	133041

State Special Revenue Fund Group	133042

4C20	149601	Minority Health Conference	$	25,000	$	25,000	133043
TOTAL SSR State Special Revenue							133044
Fund Group			$	25,000	$	25,000	133045
TOTAL ALL BUDGET FUND GROUPS			$	1,745,637	$	1,745,637	133046

Section 331.10. CRB MOTOR VEHICLE REPAIR BOARD

133048

General Services Fund Group	133049

4K90	865601	Operating Expenses	$	487,592	$	484,292	133050
TOTAL GSF General Services							133051
Fund Group			$	487,592	$	484,292	133052
TOTAL ALL BUDGET FUND GROUPS			$	487,592	$	484,292	133053

Section 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

133055

General Revenue Fund	133056

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	133057
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	133058
GRF	725456	Canal Lands	$	135,000	$	135,000	133059
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	133060
GRF	725505	Healthy Lake Erie Fund	$	350,000	$	200,000	133061
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	133062
GRF	725508	Oil and Gas Program	$	7,200,000	$	7,350,000	133063
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	25,443,000	133064
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	133065
GRF	728321	Division of Geological Survey	$	800,000	$	800,000	133066
GRF	729321	Office of Information Technology	$	177,405	$	177,405	133067
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	133068
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	133069
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	133070
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	133071
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	133072
TOTAL GRF General Revenue Fund			$	105,180,489	$	108,618,536	133073

General Services Fund Group	133074

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	133075
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	133076
2040	725687	Information Services	$	5,179,097	$	5,288,168	133077
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	133078
2070	725690	Real Estate Services	$	50,000	$	50,000	133079
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	133080
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	133081
4300	725671	Canal Lands	$	883,879	$	883,879	133082
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	133083
4X80	725662	Water Resources Council	$	138,005	$	138,005	133084
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	133085
5160	725620	Water Management	$	2,559,292	$	2,559,292	133086
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	133087
6970	725670	Submerged Lands	$	852,982	$	869,145	133088
TOTAL GSF General Services							133089
Fund Group			$	25,457,857	$	25,451,293	133090

Federal Special Revenue Fund Group	133091

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	133092
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	133093
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	133094
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	133095
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	133096
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	133097
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	133098
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	133099
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	133100
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	133101
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	133102
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	133103
TOTAL FED Federal Special Revenue							133104
Fund Group			$	28,386,819	$	28,048,201	133105

State Special Revenue Fund Group	133106

4J20	725628	Injection Well Review	$	128,466	$	128,466	133107
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	133108
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	133109
5090	725602	State Forest	$	6,873,330	$	6,880,158	133110
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	133111
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	133112
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	133113
5180	725643	Oil and Gas Permit Fees	$	12,812,311	$	13,140,201	133114
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	133115
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	133116
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	133117
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	133118
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	133119
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	133120
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	133121
5B30	725674	Mining Regulation	$	28,135	$	28,135	133122
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	133123
5BV0	725683	Soil and Water Districts	$	8,250,000	$	8,250,000	133124
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	133125
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	133126
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	133127
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	133128
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	133129
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	133130
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	133131
5MW0	725604	Natural Resources Special Purposes	$	6,000,000	$	6,000,000	133132
6150	725661	Dam Safety	$	943,517	$	943,517	133133
TOTAL SSR State Special Revenue							133134
Fund Group			$	76,215,753	$	77,339,464	133135

Clean Ohio Conservation Fund Group	133136

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		133137
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		133138

Wildlife Fund Group	133139

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	133140
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	133141
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	133142
8160	725649	Wetlands Habitat	$	966,885	$	966,885	133143
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	133144
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	133145
8190	725685	Ohio River Management	$	203,584	$	203,584	133146
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	133147
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	133148

Waterways Safety Fund Group	133149

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	133150
7086	725418	Buoy Placement	$	52,182	$	52,182	133151
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	133152
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	133153
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	133154
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	133155
TOTAL WSF Waterways Safety Fund							133156
Group			$	26,276,019	$	26,106,019	133157

Accrued Leave Liability Fund Group	133158

4M80	725675	FOP Contract	$	20,219	$	20,219	133159
TOTAL ALF Accrued Leave							133160
Liability Fund Group			$	20,219	$	20,219	133161

Holding Account Redistribution Fund Group	133162

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	133163
R043	725624	Forestry	$	2,100,000	$	2,100,000	133164
TOTAL 090 Holding Account							133165
Redistribution Fund Group			$	2,596,263	$	2,596,263	133166
TOTAL ALL BUDGET FUND GROUPS			$	329,891,676	$	334,547,664	133167

Section 333.20. CENTRAL SUPPORT INDIRECT

133169

With the exception of the Division of Wildlife, whose direct	133170
and indirect central support charges shall be paid out of the	133171
General Revenue Fund from the foregoing appropriation item 725401,	133172
Wildlife-GRF Central Support, the Department of Natural Resources,	133173
with approval of the Director of Budget and Management, shall	133174
utilize a methodology for determining each division's payments	133175
into the Central Support Indirect Fund (Fund 1570). The	133176
methodology used shall contain the characteristics of	133177
administrative ease and uniform application in compliance with	133178
federal grant requirements. It may include direct cost charges for	133179
specific services provided. Payments to Fund 1570 shall be made	133180
using an intrastate transfer voucher.	133181

Section 333.30. LEASE RENTAL PAYMENTS

133182

The foregoing appropriation item 725413, Lease Rental	133183
Payments, shall be used to meet all payments at the times they are	133184
required to be made during the period from July 1, 2013, through	133185
June 30, 2015, by the Department of Natural Resources pursuant to	133186
leases and agreements made under section 154.22 of the Revised	133187
Code. These appropriations are the source of funds pledged for	133188
bond service charges on related obligations issued under Chapter	133189
154. of the Revised Code.	133190

CANAL LANDS

133191

The foregoing appropriation item 725456, Canal Lands, shall	133192
be used to provide operating expenses for the State Canal Lands	133193
Program.	133194

HEALTHY LAKE ERIE FUND

133195

Of the foregoing appropriation item 725505, Healthy Lake Erie	133196
Fund, up to $350,000 in fiscal year 2014 and up to $200,000 in	133197
fiscal year 2015 shall be used by the Director of Natural	133198
Resources, in consultation with the Director of Agriculture and	133199
the Director of Environmental Protection, to implement	133200
nonstatutory recommendations of the Agriculture Nutrients and	133201
Water Quality Working Group. The Director shall give priority to	133202
recommendations that encourage farmers to adopt agricultural	133203
production guidelines commonly known as 4R nutrient stewardship	133204
practices. Funds may also be used for enhanced soil testing in the	133205
Western Lake Erie Basin, monitoring the quality of Lake Erie and	133206
its tributaries, and conducting research and establishing pilot	133207
projects that have the goal of reducing algae blooms in Lake Erie.	133208

COAL AND MINE SAFETY PROGRAM

133209

The foregoing appropriation item 725507, Coal and Mine Safety	133210
Program, shall be used for the administration of the Mine Safety	133211
Program and the Coal Regulation Program.	133212

OIL AND GAS PROGRAM

133213

The foregoing appropriation item 725508, Oil and Gas Program,	133214
shall be used for the Oil and Gas Program.	133215

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

133216

The foregoing appropriation item 725903, Natural Resources	133217
General Obligation Debt Service, shall be used to pay all debt	133218
service and related financing costs during the period July 1,	133219
2013, through June 30, 2015, on obligations issued under sections	133220
151.01 and 151.05 of the Revised Code.	133221

Section 333.40. WELL LOG FILING FEES

133222

The Chief of the Division of Soil and Water Resources shall	133223
deposit fees forwarded to the Division pursuant to section 1521.05	133224
of the Revised Code into the Departmental Services – Intrastate	133225
Fund (Fund 1550) for the purposes described in that section.	133226

Section 333.50. HUMAN RESOURCES DIRECT SERVICE

133227

The foregoing appropriation item 725696, Human Resources	133228
Direct Service, shall be used to cover the cost of support,	133229
coordination, and oversight of the Department of Natural	133230
Resources' human resources functions. The Human Resources	133231
Chargeback Fund (Fund 2050) shall consist of cash transferred to	133232
it via intrastate transfer voucher from other funds as determined	133233
by the Director of Natural Resources and the Director of Budget	133234
and Management.	133235

Section 333.60. LAW ENFORCEMENT ADMINISTRATION

133236

The foregoing appropriation item 725665, Law Enforcement	133237
Administration, shall be used to cover the cost of support,	133238
coordination, and oversight of the Department of Natural	133239
Resources' law enforcement functions. The Law Enforcement	133240
Administration Fund (Fund 2230) shall consist of cash transferred	133241
to it via intrastate transfer voucher from other funds as	133242
determined by the Director of Natural Resources and the Director	133243
of Budget and Management.	133244

Section 333.70. FOUNTAIN SQUARE AND ODNR GROUNDS AT THE OHIO	133245
EXPO CENTER	133246

The foregoing appropriation item 725664, Fountain Square	133247
Facilities Management, shall be used for payment of repairs,	133248
renovation, utilities, property management, and building	133249
maintenance expenses for the Fountain Square complex and the	133250
Department of Natural Resources grounds at the Ohio Expo Center.	133251
Cash transferred by intrastate transfer vouchers from various	133252
department funds and rental income received by the Department of	133253
Natural Resources shall be deposited into the Fountain Square	133254
Facilities Management Fund (Fund 6350).	133255

Section 333.80. SOIL AND WATER DISTRICTS

133256

In addition to state payments to soil and water conservation	133257
districts authorized by section 1515.10 of the Revised Code, the	133258
Department of Natural Resources may use appropriation item 725683,	133259
Soil and Water Districts, to pay any soil and water conservation	133260
district an annual amount not to exceed $40,000, upon receipt of a	133261
request and justification from the district and approval by the	133262
Ohio Soil and Water Conservation Commission. The county auditor	133263
shall credit the payments to the special fund established under	133264
section 1515.10 of the Revised Code for the local soil and water	133265
conservation district. Moneys received by each district shall be	133266
expended for the purposes of the district.	133267

OIL AND GAS WELL PLUGGING

133268

The foregoing appropriation item 725677, Oil and Gas Well	133269
Plugging, shall be used exclusively for the purposes of plugging	133270
wells and to properly restore the land surface of idle and orphan	133271
oil and gas wells pursuant to section 1509.071 of the Revised	133272
Code. No funds from the appropriation item shall be used for	133273
salaries, maintenance, equipment, or other administrative	133274
purposes, except for those costs directly attributed to the	133275
plugging of an idle or orphan well. This appropriation item shall	133276
not be used to transfer cash to any other fund or appropriation	133277
item.	133278

Section 333.90. CLEAN OHIO OPERATING EXPENSES

133279

The foregoing appropriation item 725405, Clean Ohio	133280
Operating, shall be used by the Department of Natural Resources in	133281
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	133282
to section 1519.05 of the Revised Code.	133283

Section 333.100. WATERCRAFT MARINE PATROL

133284

Of the foregoing appropriation item 739401, Division of	133285
Watercraft, up to $200,000 in each fiscal year shall be expended	133286
for the purchase of equipment for marine patrols qualifying for	133287
funding from the Department of Natural Resources pursuant to	133288
section 1547.67 of the Revised Code. Proposals for equipment shall	133289
accompany the submission of documentation for receipt of a marine	133290
patrol subsidy pursuant to section 1547.67 of the Revised Code and	133291
shall be loaned to eligible marine patrols pursuant to a	133292
cooperative agreement between the Department of Natural Resources	133293
and the eligible marine patrol.	133294

Section 333.110. PARKS CAPITAL EXPENSES FUND

133295

The Director of Natural Resources shall submit to the	133296
Director of Budget and Management the estimated design,	133297
engineering, and planning costs of capital-related work to be done	133298
by Department of Natural Resources staff for parks projects within	133299
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	133300
Director of Budget and Management approves the estimated costs,	133301
the Director may release appropriations from appropriation item	133302
C725E6, Project Planning, Fund 7035, for those purposes. Upon	133303
release of the appropriations, the Department of Natural Resources	133304
shall pay for these expenses from the Parks Capital Expenses Fund	133305
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	133306
Fund 7035 using an intrastate transfer voucher.	133307

NATUREWORKS CAPITAL EXPENSES FUND

133308

The Department of Natural Resources shall periodically	133309
prepare and submit to the Director of Budget and Management the	133310
estimated design, planning, and engineering costs of	133311
capital-related work to be done by Department of Natural Resources	133312
staff for each capital improvement project within the Ohio Parks	133313
and Natural Resources Fund (Fund 7031). If the Director of Budget	133314
and Management approves the estimated costs, the Director may	133315
release appropriations from appropriation item C725E5, Project	133316
Planning, in Fund 7031, for those purposes. Upon release of the	133317
appropriations, the Department of Natural Resources shall pay for	133318
these expenses from the Capital Expenses Fund (Fund 4S90).	133319
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	133320
using an intrastate transfer voucher.	133321

Section 333.120. ELIMINATION OF DORMANT FUNDS

133322

The following funds are hereby abolished and the fund names	133323
and fund numbers shall be stricken from the list of funds falling	133324
within the jurisdiction of the Department of Natural Resources:	133325

Fund Number	Fund Name	133326
1580	Reprint and Replacement - Intrastate	133327
1610	Parks and Recreation Depreciation Reserve	133328
1620	Civilian Conservation Corps Earned Revenues	133329
2060	General Services	133330
5080	Natural Resources Publications and Promotions	133331
5190	Burr Oak Water Plant	133332
5250	Reclamation Forfeiture	133333
5300	Surface Mining Reclamation	133334
8800	Cooperative Boat Harbor Project	133335
4B80	Forestry Development	133336
5F90	Flood Reimbursement	133337
81A0	Wildlife Education	133338
R029	Reclamation Fee	133339
R030	Surface Mining Reclamation Fee	133340
R040	Wildlife Refunds	133341
3280	Federal Special Revenue	133342
3P00	Natural Areas and Preserves - Federal	133343
5K10	Urban Forestry Grant	133344
5150	Conservancy District Organization	133345
6300	Wild Animal	133346
3CH0	Mined Land Set Aside	133347

TRANSFER OF ELIMINATED DORMANT FUNDS

133348

The Watercraft Revolving Loan Fund (Fund 5AW0) is hereby	133349
abolished. Any balance remaining in the fund as of July 1, 2013,	133350
shall be transferred into the Waterways Safety Fund (Fund 7086)	133351
and appropriated to appropriation item 739401, Division of	133352
Watercraft.	133353

The Division of Forestry Law Enforcement Fund (Fund 5EJ0) and	133354
the Division of Natural Areas and Preserves Law Enforcement Fund	133355
(Fund 5EK0) are hereby abolished. Any balance remaining in these	133356
funds as of July 1, 2013, shall be transferred into the Park Law	133357
Enforcement Fund (Fund 5EM0) and appropriated to appropriation	133358
item 725613, Park Law Enforcement.	133359

Section 335.10. NUR STATE BOARD OF NURSING

133360

General Services Fund Group	133361

4K90	884609	Operating Expenses	$	7,181,743	$	7,273,978	133362
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	133363
5P80	884601	Nursing Special Issues	$	2,000	$	2,000	133364
TOTAL GSF General Services							133365
Fund Group			$	8,557,249	$	8,649,484	133366
TOTAL ALL BUDGET FUND GROUPS			$	8,557,249	$	8,649,484	133367

Section 337.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	133369
AND ATHLETIC TRAINERS BOARD	133370

General Services Fund Group	133371

4K90	890609	Operating Expenses	$	866,169	$	925,897	133372
TOTAL GSF General Services Fund Group			$	866,169	$	925,897	133373
TOTAL ALL BUDGET FUND GROUPS			$	866,169	$	925,897	133374

Section 339.10. OLA OHIOANA LIBRARY ASSOCIATION

133376

General Revenue Fund	133377

GRF	355501	Library Subsidy	$	135,000	$	140,000	133378
TOTAL GRF General Revenue Fund			$	135,000	$	140,000	133379
TOTAL ALL BUDGET FUND GROUPS			$	135,000	$	140,000	133380

Section 340.10. RSC REHABILITATION SERVICES COMMISSION

133382

General Revenue Fund	133383

GRF	415402	Independent Living Council	$	252,000	$	252,000	133384
GRF	415406	Assistive Technology	$	26,618	$	26,618	133385
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	133386
GRF	415506	Services for People with Disabilities	$	15,277,885	$	15,277,885	133387
GRF	415508	Services for the Deaf	$	28,000	$	28,000	133388
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	133389

General Services Fund Group	133390

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	133391
TOTAL GSF General Services							133392
Fund Group			$	962,538	$	965,481	133393

Federal Special Revenue Fund Group	133394

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	133395
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	133396
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	133397
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	133398
3L10	415608	Social Security Special Programs/Assistance	$	445,258	$	498,269	133399
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	133400
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	133401
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	133402
TOTAL FED Federal Special							133403
Revenue Fund Group			$	207,833,606	$	205,179,120	133404

State Special Revenue Fund Group	133405

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	133406
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	133407
4W50	415606	Program Management Expenses	$	12,369,751	$	12,594,758	133408
TOTAL SSR State Special							133409
Revenue Fund Group			$	26,871,919	$	27,096,926	133410
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	133411

INDEPENDENT LIVING COUNCIL

133412

The foregoing appropriation item 415402, Independent Living	133413
Council, shall be used to fund the operations of the State	133414
Independent Living Council and to support state independent living	133415
centers and independent living services under Title VII of the	133416
Independent Living Services and Centers for Independent Living of	133417
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	133418
U.S.C. 796d.	133419

Of the foregoing appropriation item 415402, Independent	133420
Living Council, $67,662 in each fiscal year shall be used as state	133421
matching funds for vocational rehabilitation innovation and	133422
expansion activities.	133423

ASSISTIVE TECHNOLOGY

133424

The total amount of the foregoing appropriation item 415406,	133425
Assistive Technology, shall be provided to Assistive Technology of	133426
Ohio to provide grants and assistive technology services for	133427
people with disabilities in the State of Ohio.	133428

OFFICE FOR PEOPLE WITH BRAIN INJURY

133429

The foregoing appropriation item 415431, Office for People	133430
with Brain Injury, shall be used to plan and coordinate	133431
head-injury-related services provided by state agencies and other	133432
government or private entities, to assess the needs for such	133433
services, and to set priorities in this area.	133434

Of the foregoing appropriation item 415431, Office for People	133435
with Brain Injury, $44,067 in each fiscal year shall be used as	133436
state matching funds to provide vocational rehabilitation services	133437
to eligible consumers.	133438

VOCATIONAL REHABILITATION SERVICES

133439

The foregoing appropriation item 415506, Services for People	133440
with Disabilities, shall be used as state matching funds to	133441
provide vocational rehabilitation services to eligible consumers.	133442

SERVICES FOR THE DEAF

133443

The foregoing appropriation item 415508, Services for the	133444
Deaf, shall be used to provide grants to community centers for the	133445
deaf.	133446

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

133447

The foregoing appropriation item 415617, Independent	133448
Living/Vocational Rehabilitation Programs, shall be used to	133449
support vocational rehabilitation programs.	133450

SOCIAL SECURITY REIMBURSEMENT FUNDS

133451

Reimbursement funds received from the Social Security	133452
Administration, United States Department of Health and Human	133453
Services, for the costs of providing services and training to	133454
return disability recipients to gainful employment shall be	133455
expended from the Social Security Reimbursement Fund (Fund 3L10),	133456
to the extent funds are available, as follows:	133457

(A) Appropriation item 415601, Social Security Personal Care	133458
Assistance, to provide personal care services in accordance with	133459
section 3304.41 of the Revised Code;	133460

(B) Appropriation item 415605, Social Security Community	133461
Centers for the Deaf, to provide grants to community centers for	133462
the deaf in Ohio for services to individuals with hearing	133463
impairments; and	133464

(C) Appropriation item 415608, Social Security Special	133465
Programs/Assistance, to provide vocational rehabilitation services	133466
to individuals with severe disabilities who are Social Security	133467
beneficiaries, to enable them to achieve competitive employment.	133468
This appropriation item shall also be used to pay a portion of	133469
indirect costs of the Personal Care Assistance Program and the	133470
Independent Living Programs as mandated by federal OMB Circular	133471
A-87.	133472

PROGRAM MANAGEMENT EXPENSES

133473

The foregoing appropriation item 415606, Program Management	133474
Expenses, shall be used to support the administrative functions of	133475
the commission related to the provision of vocational	133476
rehabilitation, disability determination services, and ancillary	133477
programs.	133478

Section 341.10. ODB OHIO OPTICAL DISPENSERS BOARD

133479

General Services Fund Group	133480

4K90	894609	Operating Expenses	$	366,000	$	365,000	133481
TOTAL GSF General Services							133482
Fund Group			$	366,000	$	365,000	133483
TOTAL ALL BUDGET FUND GROUPS			$	366,000	$	365,000	133484

Section 343.10. OPT STATE BOARD OF OPTOMETRY

133486

General Services Fund Group	133487

4K90	885609	Operating Expenses	$	347,278	$	347,278	133488
TOTAL GSF General Services							133489
Fund Group			$	347,278	$	347,278	133490
TOTAL ALL BUDGET FUND GROUPS			$	347,278	$	347,278	133491

Section 345.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	133493
AND PEDORTHICS	133494

General Services Fund Group	133495

4K90	973609	Operating Expenses	$	135,677	$	140,846	133496
TOTAL GSF General Services							133497
Fund Group			$	135,677	$	140,846	133498
TOTAL ALL BUDGET FUND GROUPS			$	135,677	$	140,846	133499

Section 347.10. UST PETROLEUM UNDERGROUND STORAGE TANK	133500
RELEASE COMPENSATION BOARD	133501

State Special Revenue Fund Group	133502

6910	810632	PUSTRCB Staff	$	1,233,249	$	1,252,202	133503
TOTAL SSR State Special Revenue							133504
Fund Group			$	1,233,249	$	1,252,202	133505
TOTAL ALL BUDGET FUND GROUPS			$	1,233,249	$	1,252,202	133506

Section 349.10. PRX STATE BOARD OF PHARMACY

133508

General Services Fund Group	133509

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	133510
4K90	887609	Operating Expenses	$	6,701,285	$	6,701,285	133511
TOTAL GSF General Services Fund Group			$	6,851,285	$	6,851,285	133512

Federal Special Revenue Fund Group	133513

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	133514
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	133515
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	133516
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	133517
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	133518
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	6,965,631	133519

Section 351.10. PSY STATE BOARD OF PSYCHOLOGY

133521

General Services Fund Group	133522

4K90	882609	Operating Expenses	$	548,000	$	571,000	133523
TOTAL GSF General Services							133524
Fund Group			$	548,000	$	571,000	133525
TOTAL ALL BUDGET FUND GROUPS			$	548,000	$	571,000	133526

Section 353.10. PUB OHIO PUBLIC DEFENDER COMMISSION

133528

General Revenue Fund	133529

GRF	019401	State Legal Defense Services	$	3,020,855	$	3,020,855	133530
GRF	019403	Multi-County: State Share	$	1,237,318	$	1,250,824	133531
GRF	019404	Trumbull County - State Share	$	354,743	$	359,631	133532
GRF	019405	Training Account	$	50,000	$	50,000	133533
GRF	019501	County Reimbursement	$	9,768,050	$	9,885,175	133534
TOTAL GRF General Revenue Fund			$	14,430,966	$	14,566,485	133535

General Services Fund Group	133536

4070	019604	County Representation	$	351,149	$	354,248	133537
4080	019605	Client Payments	$	725,144	$	722,931	133538
5CX0	019617	Civil Case Filing Fee	$	532,136	$	528,476	133539
TOTAL GSF General Services							133540
Fund Group			$	1,608,429	$	1,605,655	133541

Federal Special Revenue Fund Group	133542

3FX0	019621	Wrongful Conviction Program	$	103,950	$	103,950	133543
3S80	019608	Federal Representation	$	204,706	$	202,942	133544
TOTAL FED Federal Special Revenue							133545
Fund Group			$	308,656	$	306,892	133546

State Special Revenue Fund Group	133547

4C70	019601	Multi-County: County Share	$	2,297,876	$	2,322,959	133548
4X70	019610	Trumbull County - County Share	$	658,809	$	667,887	133549
5740	019606	Civil Legal Aid	$	20,000,000	$	20,000,000	133550
5DY0	019618	Indigent Defense Support - County Share	$	40,320,991	$	41,191,285	133551
5DY0	019619	Indigent Defense Support Fund - State Office	$	5,186,329	$	5,612,719	133552
TOTAL SSR State Special Revenue							133553
Fund Group			$	68,464,005	$	69,794,850	133554
TOTAL ALL BUDGET FUND GROUPS			$	84,812,056	$	86,273,882	133555

INDIGENT DEFENSE OFFICE

133556

The foregoing appropriation items 019404, Trumbull County -	133557
State Share, and 019610, Trumbull County - County Share, shall be	133558
used to support an indigent defense office for Trumbull County.	133559

MULTI-COUNTY OFFICE

133560

The foregoing appropriation items 019403, Multi-County: State	133561
Share, and 019601, Multi-County: County Share, shall be used to	133562
support the Office of the Ohio Public Defender's Multi-County	133563
Branch Office Program.	133564

TRAINING ACCOUNT

133565

The foregoing appropriation item 019405, Training Account,	133566
shall be used by the Ohio Public Defender to provide legal	133567
training programs at no cost for private appointed counsel who	133568
represent at least one indigent defendant at no cost and for state	133569
and county public defenders and attorneys who contract with the	133570
Ohio Public Defender to provide indigent defense services.	133571

FEDERAL REPRESENTATION

133572

The foregoing appropriation item 019608, Federal	133573
Representation, shall be used to receive reimbursements from the	133574
federal courts when the Ohio Public Defender provides	133575
representation in federal court cases and to support	133576
representation in such cases.	133577

Section 355.10. DPS DEPARTMENT OF PUBLIC SAFETY

133578

General Revenue Fund	133579

GRF	767420	Investigative Unit - Operating	$	10,500,000	$	10,500,000	133580
TOTAL GRF General Revenue Fund			$	10,500,000	$	10,500,000	133581
TOTAL ALL BUDGET FUND GROUPS			$	10,500,000	$	10,500,000	133582

Section 357.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

133584

General Services Fund Group	133585

5BP0	870623	Wireless 9-1-1 Administration	$	18,035,000	$	0	133586
5F60	870622	Utility and Railroad Regulation	$	30,619,708	$	30,619,708	133587
5F60	870624	NARUC/NRRI Subsidy	$	85,000	$	85,000	133588
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	133589
TOTAL GSF General Services							133590
Fund Group			$	53,739,708	$	35,704,708	133591

Federal Special Revenue Fund Group	133592

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	133593
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	133594
3EA0	870630	Energy Assurance Planning	$	192,001	$	0	133595
3ED0	870631	State Regulators Assistance	$	115,912	$	0	133596
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	133597
TOTAL FED Federal Special Revenue							133598
Fund Group			$	8,357,532	$	8,049,619	133599

State Special Revenue Fund Group	133600

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	133601
4L80	870617	Pipeline Safety-State	$	331,992	$	331,992	133602
5610	870606	Power Siting Board	$	581,618	$	581,618	133603
5LT0	870640	Intrastate Registration	$	180,000	$	180,000	133604
5LT0	870641	Unified Carrier Registration	$	420,000	$	420,000	133605
5LT0	870642	Hazardous Materials Registration	$	743,346	$	753,346	133606
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	277,496	$	277,496	133607
5LT0	870644	Hazardous Materials Civil Forfeiture	$	898,800	$	898,800	133608
5LT0	870645	Motor Carrier Enforcement	$	4,768,453	$	4,709,592	133609
TOTAL SSR State Special Revenue							133610
Fund Group			$	9,549,062	$	9,500,201	133611
TOTAL ALL BUDGET FUND GROUPS			$	71,646,302	$	53,254,528	133612

Section 359.10. PWC PUBLIC WORKS COMMISSION

133614

General Revenue Fund	133615

GRF	150904	Conservation General Obligation Debt Service	$	33,376,600	$	34,447,700	133616
GRF	150907	State Capital Improvements General Obligation Debt Service	$	227,810,300	$	228,948,900	133617
TOTAL GRF General Revenue Fund			$	261,186,900	$	263,396,600	133618

Clean Ohio Conservation Fund Group	133619

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		133620
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		133621

TOTAL ALL BUDGET FUND GROUPS

261,475,880

263,685,580

133622

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

133623

The foregoing appropriation item 150904, Conservation General	133624
Obligation Debt Service, shall be used to pay all debt service and	133625
related financing costs during the period from July 1, 2013,	133626
through June 30, 2015, at the times they are required to be made	133627
for obligations issued under sections 151.01 and 151.09 of the	133628
Revised Code.	133629

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

133630

The foregoing appropriation item 150907, State Capital	133631
Improvements General Obligation Debt Service, shall be used to pay	133632
all debt service and related financing costs during the period	133633
from July 1, 2013, through June 30, 2015, at the times they are	133634
required to be made for obligations issued under sections 151.01	133635
and 151.08 of the Revised Code.	133636

CLEAN OHIO OPERATING EXPENSES

133637

The foregoing appropriation item 150403, Clean Ohio Operating	133638
Expenses, shall be used by the Ohio Public Works Commission in	133639
administering Clean Ohio Conservation Fund (Fund 7056) projects	133640
pursuant to sections 164.20 to 164.27 of the Revised Code.	133641

Section 361.10. RAC STATE RACING COMMISSION

133642

State Special Revenue Fund Group	133643

5620	875601	Thoroughbred Race Fund	$	1,696,456	$	1,696,456	133644
5630	875602	Standardbred Development Fund	$	1,697,452	$	1,697,452	133645
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	133646
5650	875604	Racing Commission Operating	$	2,934,178	$	2,934,178	133647
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	133648
5JK0	875610	Racing Commission Fund	$	10,000,000	$	10,000,000	133649
TOTAL SSR State Special Revenue							133650
Fund Group			$	28,329,086	$	28,329,086	133651

Holding Account Redistribution Fund Group	133652

R021	875605	Bond Reimbursements	$	100,000	$	100,000	133653
TOTAL 090 Holding Account Redistribution							133654
Fund Group			$	100,000	$	100,000	133655
TOTAL ALL BUDGET FUND GROUPS			$	28,429,086	$	28,429,086	133656

Section 363.10. BOR BOARD OF REGENTS

133658

General Revenue Fund	133659

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	133660
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	133661
GRF	235402	Sea Grants	$	285,000	$	285,000	133662
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	133663
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	133664
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	133665
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	133666
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	133667
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	133668
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	133669
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	133670
GRF	235443	Adult Basic and Literacy Education - State	$	7,552,416	$	7,552,416	133671
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	133672
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	133673
GRF	235483	Technology Integration and Professional Development	$	2,378,598	$	2,378,598	133674
GRF	235501	State Share of Instruction	$	1,784,225,497	$	1,818,225,497	133675
GRF	235502	Student Support Services	$	632,974	$	632,974	133676
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	133677
GRF	235505	State Share of Instruction Bridge Funding	$	8,095,005	$	0	133678
GRF	235506	Ohio Strategic Training Center	$	950,000	$	0	133679
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	133680
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	133681
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	133682
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	133683
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	133684
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	133685
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	133686
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	133687
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	133688
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	133689
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	133690
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	133691
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,126,100	133692
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	133693
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	133694
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	133695
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	133696
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	133697
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	133698
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	133699
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	133700
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	133701
GRF	235558	Long-term Care Research	$	195,300	$	195,300	133702
GRF	235563	Ohio College Opportunity Grant	$	89,126,474	$	89,126,474	133703
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	133704
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	133705
GRF	235909	Higher Education General Obligation Debt Service	$	221,168,700	$	248,822,000	133706
TOTAL GRF General Revenue Fund			$	2,330,070,762	$	2,375,168,502	133707

General Services Fund Group	133708

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	133709
4560	235603	Sales and Services	$	199,250	$	199,250	133710
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	133711
TOTAL GSF General Services							133712
Fund Group			$	9,102,845	$	9,102,845	133713

Federal Special Revenue Fund Group	133714

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	133715
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	133716
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	133717
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	133718
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	133719
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	133720
TOTAL FED Federal Special Revenue							133721
Fund Group			$	21,535,671	$	21,535,671	133722

State Special Revenue Fund Group	133723

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	133724
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	133725
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	133726
5FK0	235676	Media Services	$	491,373	$	491,373	133727
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	133728
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	133729
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	133730
6820	235606	Nursing Loan Program	$	891,320	$	891,320	133731
TOTAL SSR State Special Revenue							133732
Fund Group			$	12,932,676	$	12,982,537	133733

Third Frontier Research & Development Fund Group	133734

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	133735
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	133736
TOTAL ALL BUDGET FUND GROUPS			$	2,381,641,954	$	2,426,789,555	133737

Section 363.20. LEASE RENTAL PAYMENTS

133739

The foregoing appropriation item 235401, Lease Rental	133740
Payments, shall be used to meet all payments at the times they are	133741
required to be made during the period from July 1, 2013, through	133742
June 30, 2015, by the Chancellor of the Board of Regents under	133743
leases and agreements made under section 154.21 of the Revised	133744
Code. These appropriations are the source of funds pledged for	133745
bond service charges on related obligations issued under Chapter	133746
154. of the Revised Code.	133747

Section 363.23. SEA GRANTS

133748

The foregoing appropriation item 235402, Sea Grants, shall be	133749
used to match federal dollars and leverage additional support by	133750
The Ohio State University's Sea Grant program, including Stone	133751
Laboratory, for research, education, and outreach to enhance the	133752
economic value, public utilization, and responsible management of	133753
Lake Erie and Ohio's coastal resources.	133754

Section 363.30. ARTICULATION AND TRANSFER

133755

The foregoing appropriation item 235406, Articulation and	133756
Transfer, shall be used by the Chancellor of the Board of Regents	133757
to maintain and expand the work of the Articulation and Transfer	133758
Council to develop a system of transfer policies to ensure that	133759
students at state institutions of higher education can transfer	133760
and have coursework apply to their majors and degrees at any other	133761
state institution of higher education without unnecessary	133762
duplication or institutional barriers under sections 3333.16,	133763
3333.161, and 3333.162 of the Revised Code.	133764

Section 363.40. MIDWEST HIGHER EDUCATION COMPACT

133765

The foregoing appropriation item 235408, Midwest Higher	133766
Education Compact, shall be distributed by the Chancellor of the	133767
Board of Regents under section 3333.40 of the Revised Code.	133768

Section 363.50. HEI INFORMATION SYSTEM

133769

The foregoing appropriation item 235409, HEI Information	133770
System, shall be used by the Chancellor of the Board of Regents to	133771
support the development and implementation of information	133772
technology solutions designed to improve the performance and	133773
services of the Chancellor of the Board of Regents and the	133774
University System of Ohio. Information technology solutions may be	133775
provided by the Ohio Academic Research Network (OARnet).	133776

Section 363.60. STATE GRANTS AND SCHOLARSHIP ADMINISTRATION

133777

The foregoing appropriation item 235414, State Grants and	133778
Scholarship Administration, shall be used by the Chancellor of the	133779
Board of Regents to administer the following student financial aid	133780
programs: Ohio College Opportunity Grant, Ohio War Orphans'	133781
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	133782
Officers College Memorial Fund, and any other student financial	133783
aid programs created by the General Assembly. The appropriation	133784
item also shall be used to support all state financial aid audits	133785
and student financial aid programs created by Congress, and to	133786
provide fiscal services for the Ohio National Guard Scholarship	133787
Program.	133788

Section 363.70. ESTUDENT SERVICES

133789

The foregoing appropriation item 235417, eStudent Services,	133790
shall be used by the Chancellor of the Board of Regents to support	133791
the continued implementation of eStudent Services, a consortium	133792
organized under division (T) of section 3333.04 of the Revised	133793
Code to expand access to dual enrollment opportunities for high	133794
school students, as well as adult and higher education	133795
opportunities through technology. The funds shall be used by	133796
eStudent Services to develop and promote learning and assessment	133797
through the use of technology, to test and provide advice on	133798
emerging learning-directed technologies, to support the distance	133799
learning clearinghouse and platform created under section 3333.82	133800
of the Revised Code, and to facilitate cost-effectiveness through	133801
shared educational technology investments.	133802

Section 363.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

133803

The foregoing appropriation item 235428, Appalachian New	133804
Economy Partnership, shall be distributed to Ohio University to	133805
continue a multi-campus and multi-agency coordinated effort to	133806
link Appalachia to the new economy. Ohio University shall use	133807
these funds to provide leadership in the development and	133808
implementation of initiatives in the areas of entrepreneurship,	133809
management, education, and technology.	133810

Section 363.90. ECONOMIC GROWTH CHALLENGE

133811

The foregoing appropriation item 235433, Economic Growth	133812
Challenge, shall be used for administrative expenses of the	133813
Research Incentive Program and other economic advancement	133814
initiatives undertaken by the Chancellor of the Board of Regents.	133815

The Chancellor of the Board of Regents shall use any	133816
appropriation transfer to the foregoing appropriation item 235433,	133817
Economic Growth Challenge, to enhance the basic research and	133818
commercialization capabilities of public colleges and universities	133819
and accredited Ohio institutions of higher education holding	133820
certificates of authorization issued under section 1713.02 of the	133821
Revised Code, in order to strengthen academic research and	133822
commercialization for pursuing Ohio's economic development goals.	133823

Section 363.100. CHOOSE OHIO FIRST SCHOLARSHIP

133824

The foregoing appropriation item 235438, Choose Ohio First	133825
Scholarship, shall be used to operate the program prescribed in	133826
sections 3333.60 to 3333.70 of the Revised Code.	133827

Section 363.110. ADULT BASIC AND LITERACY EDUCATION

133828

Of the foregoing appropriation item 235443, Adult Basic and	133829
Literacy Education – State, $125,000 in each fiscal year shall be	133830
used to provide a grant for an Ohio public library that provides	133831
remedial coursework instruction for postsecondary students.	133832

The remainder of foregoing appropriation item 235443, Adult	133833
Basic and Literacy Education - State, shall be used to support the	133834
adult basic and literacy education instructional grant program and	133835
state leadership program. The supported programs shall satisfy the	133836
state match and maintenance of effort requirements for the	133837
state-administered grant program.	133838

Section 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL	133839
EDUCATION	133840

The foregoing appropriation item 235444, Post-Secondary Adult	133841
Career-Technical Education, shall be used by the Chancellor of the	133842
Board of Regents, in consultation with the Superintendent of	133843
Public Instruction and the Governor's Office of Workforce	133844
Transformation, to support post-secondary adult career-technical	133845
education. The Chancellor of the Board of Regents, the	133846
Superintendent of Public Instruction, and the Governor's Office of	133847
Workforce Transformation, or their designees, shall hold a series	133848
of consultations with the Ohio Technical Centers during fiscal	133849
year 2014 to develop an appropriate funding formula to distribute	133850
these funds based on student outcomes, beginning in fiscal year	133851
2015.	133852

The Chancellor of the Board of Regents shall establish a	133853
One-Year Option credit articulation system in which graduates of	133854
Ohio Technical Centers receive college technical credit. The	133855
system shall ensure that Ohio Technical Center students that	133856
complete a 900-hour program of study and obtain an	133857
industry-recognized credential shall receive 30 college technical	133858
credit hours, and students that complete a program of study	133859
between 600 and 899 hours and obtain an industry-recognized	133860
credential shall receive a proportional number of college	133861
technical credit hours.	133862

Section 363.130. AREA HEALTH EDUCATION CENTERS

133863

The foregoing appropriation item 235474, Area Health	133864
Education Centers Program Support, shall be used by the Chancellor	133865
of the Board of Regents to support the medical school regional	133866
area health education centers' educational programs for the	133867
continued support of medical and other health professions	133868
education and for support of the Area Health Education Center	133869
Program.	133870

Section 363.180. TECHNOLOGY INTEGRATION AND PROFESSIONAL	133871
DEVELOPMENT	133872

Of the foregoing appropriation item 235483, Technology	133873
Integration and Professional Development, up to $2,000,000 in each	133874
fiscal year shall be used to provide grants on a competitive basis	133875
to public and chartered nonpublic schools for their participation	133876
in the electronic textbook pilot project. These grants shall be	133877
administered as provided under the section of this act entitled	133878
ELECTRONIC TEXTBOOK PILOT PROJECT. On July 1, 2014, or as soon as	133879
possible thereafter, the Chancellor of the Board of Regents may	133880
certify to the Director of Budget and Management the amount of the	133881
unexpended, unencumbered balance of this set aside at the end of	133882
fiscal year 2014 to be appropriated to fiscal year 2015. The	133883
amount certified is hereby reappropriated for the same purpose for	133884
fiscal year 2015.	133885

The remainder of the foregoing appropriation item 235483,	133886
Technology Integration and Professional Development, shall be used	133887
by the Ohio Department of Education and the Chancellor of the	133888
Board of Regents for the provision of staff development, hardware,	133889
software, telecommunications services, and information resources	133890
to support educational uses of technology in the classroom and at	133891
a distance and for professional development for teachers,	133892
administrators, and technology staff on the use of educational	133893
technology in qualifying public schools, including the State	133894
School for the Blind, the School for the Deaf, and the Department	133895
of Youth Services.	133896

Section 363.190. STATE SHARE OF INSTRUCTION FORMULAS

133897

The Chancellor of the Board of Regents shall establish	133898
procedures to allocate the foregoing appropriation item 235501,	133899
State Share of Instruction, based on the formulas detailed in this	133900
section that utilize the enrollment, course completion, degree	133901
attainment, and student achievement factors reported annually by	133902
each state institution of higher education participating in the	133903
Higher Education Information (HEI) system.	133904

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

133905

(1) As soon as possible during each fiscal year of the	133906
biennium ending June 30, 2015, in accordance with instructions of	133907
the Board of Regents, each state institution of higher education	133908
shall report its actual data, consistent with the definitions in	133909
the Higher Education Information (HEI) system's enrollment files,	133910
to the Chancellor of the Board of Regents.	133911

(2) In defining the number of full-time equivalent students	133912
for state subsidy instructional cost purposes, the Chancellor of	133913
the Board of Regents shall exclude all undergraduate students who	133914
are not residents of Ohio, except those charged in-state fees in	133915
accordance with reciprocity agreements made under section 3333.17	133916
of the Revised Code or employer contracts entered into under	133917
section 3333.32 of the Revised Code.	133918

(3) In calculating the core subsidy entitlements for	133919
university branch and main campuses, the Chancellor of the Board	133920
of Regents shall use the following count of FTE students:	133921

(a) The subsidy eligible enrollments by model shall equal	133922
only those FTE students who successfully complete the course as	133923
defined and reported through the Higher Education Information	133924
(HEI) system course enrollment file;	133925

(b) For those undergraduate FTE students with successful	133926
course completions, identified in division (A)(3)(a) of this	133927
section, that had an expected family contribution less than 2190	133928
or were determined to have been in need of remedial education	133929
shall be defined as at-risk students and shall have their eligible	133930
completions weighted by the following:	133931

(i) Campus-specific course completion indexes, where the	133932
indexes are calculated based upon the number of at-risk students	133933
enrolled during the 2010-2012 academic years; and	133934

(ii) A statewide average at-risk course completion weight	133935
determined for each subsidy model. The statewide average at-risk	133936
course completion weight shall be determined by calculating the	133937
difference between the percentage of traditional students who	133938
complete a course and the percentage of at-risk students who	133939
complete the same course.	133940

(4) In calculating the core subsidy entitlements for Medical	133941
II models only, students repeating terms may be no more than five	133942
per cent of current year enrollment.	133943

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

133944

For purposes of calculating state share of instruction	133945
allocations, the total instructional costs per full-time	133946
equivalent student shall be:	133947

Model	Fiscal Year 2014	Fiscal Year 2015	133948
ARTS AND HUMANITIES 1	$7,803	$7,940	133949
ARTS AND HUMANITIES 2	$10,828	$11,018	133950
ARTS AND HUMANITIES 3	$13,988	$14,234	133951
ARTS AND HUMANITIES 4	$20,242	$20,598	133952
ARTS AND HUMANITIES 5	$33,969	$34,567	133953
ARTS AND HUMANITIES 6	$38,280	$38,954	133954
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,109	$7,235	133955
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,106	$8,249	133956
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,640	$10,827	133957
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,647	$12,869	133958
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,657	$20,003	133959
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,006	$22,393	133960
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$30,558	$31,096	133961
MEDICAL 1	$53,424	$54,365	133962
MEDICAL 2	$45,873	$46,681	133963
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,190	$7,317	133964
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,091	$10,268	133965
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,928	$12,138	133966
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,186	$15,454	133967
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,043	$20,396	133968
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,633	$22,013	133969
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$26,471	$26,937	133970
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,766	$37,413	133971
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,170	$53,088	133972

Doctoral I and Doctoral II models shall be allocated in	133973
accordance with division (D)(3) of this section.	133974

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	133975
AND GRADUATE WEIGHTS	133976

For the purpose of implementing the recommendations of the	133977
2006 State Share of Instruction Consultation and the Higher	133978
Education Funding Study Council that priority be given to	133979
maintaining state support for science, technology, engineering,	133980
mathematics, medicine, and graduate programs, the costs in	133981
division (B) of this section shall be weighted by the amounts	133982
provided below:	133983

Model	Fiscal Year 2014	Fiscal Year 2015	133984
ARTS AND HUMANITIES 1	1.0000	1.0000	133985
ARTS AND HUMANITIES 2	1.0000	1.0000	133986
ARTS AND HUMANITIES 3	1.0000	1.0000	133987
ARTS AND HUMANITIES 4	1.0000	1.0000	133988
ARTS AND HUMANITIES 5	1.0425	1.0425	133989
ARTS AND HUMANITIES 6	1.0425	1.0425	133990
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	133991
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	133992
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	133993
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	133994
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	133995
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	133996
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	133997
MEDICAL 1	1.6456	1.6456	133998
MEDICAL 2	1.7462	1.7462	133999
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	134000
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	134001
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	134002
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	134003
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	134004
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	134005
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	134006
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	134007
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	134008

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	134009
ENTITLEMENTS AND ADJUSTMENTS	134010

(1) Of the foregoing appropriation item 235501, State Share	134011
of Instruction, 25 per cent of the fiscal year 2014 appropriation	134012
for state-supported community colleges, state community colleges,	134013
and technical colleges shall be allocated to colleges in	134014
proportion to their share of college student success factors as	134015
adopted by the Chancellor of the Board of Regents in formal	134016
communication to the Controlling Board on August 30, 2010.	134017

(2) Of the foregoing appropriation item 235501, State Share	134018
of Instruction, 25 per cent of the fiscal year 2014 appropriation	134019
for state-supported community colleges, state community colleges,	134020
and technical colleges shall be reserved for course completion	134021
FTEs as aggregated by the subsidy models defined in division (B)	134022
of this section.	134023

The course completion funding shall be allocated to colleges	134024
in proportion to each campuses' share of the total sector's course	134025
completions, weighted by the instructional cost of the subsidy	134026
models.	134027

To calculate the subsidy entitlements for course completions	134028
at community colleges, state community colleges, and technical	134029
colleges, the Chancellor of the Board of Regents shall use the	134030
following calculations:	134031

(a) In calculating each campus's count of FTE course	134032
completions, the Chancellor of the Board of Regents shall use the	134033
three-year average course completions for the three-year period	134034
ending in the prior year.	134035

(b) The model costs as used in the calculation shall be	134036
augmented by the model weights for science, technology,	134037
engineering, mathematics, and medicine models as established in	134038
division (C) of this section.	134039

(3) Of the foregoing appropriation item 235501, State Share	134040
of Instruction, up to 11.78 per cent of the appropriation for	134041
universities, as established in division (A)(2) of the section of	134042
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	134043
2014 and 2015," in each fiscal year shall be reserved for support	134044
of doctoral programs to implement the funding recommendations made	134045
by representatives of the universities. The amount so reserved	134046
shall be referred to as the doctoral set-aside.	134047

The doctoral set-aside shall be allocated to universities as	134048
follows:	134049

(a) 50 per cent of the doctoral set-aside in fiscal year 2014	134050
and 40 per cent of the doctoral set-aside in fiscal year 2015	134051
shall be allocated to universities in proportion to their share of	134052
the statewide total of each state institution's three-year average	134053
Doctoral I equivalent FTEs as calculated on an institutional basis	134054
using historical FTEs for the period fiscal year 1994 through	134055
fiscal year 1998 with annualized FTEs for fiscal years 1994	134056
through 1997 and all-term FTEs for fiscal year 1998 as adjusted to	134057
reflect the effects of doctoral review and subsequent changes in	134058
Doctoral I equivalent enrollments. For the purposes of this	134059
calculation, Doctoral I equivalent FTEs shall equal the sum of	134060
Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	134061

(b) 25 per cent of the doctoral set-aside in fiscal year 2014	134062
and 30 per cent of the doctoral set-aside in fiscal year 2015	134063
shall be allocated to universities in proportion to each campus's	134064
share of the total statewide doctoral degrees, weighted by the	134065
cost of the doctoral discipline. In calculating each campus's	134066
doctoral degrees the Chancellor of the Board of Regents shall use	134067
the three-year average doctoral degrees awarded for the three-year	134068
period ending in the prior year.	134069

(c) 12.5 per cent of the doctoral set-aside in fiscal year	134070
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	134071
shall be allocated to universities in proportion to their share of	134072
research grant activity, using a data collection method that is	134073
reviewed and approved by the presidents of Ohio's doctoral degree	134074
granting universities. In the event that the data collection	134075
method is not available, funding for this component shall be	134076
allocated to universities in proportion to their share of research	134077
grant activity published by the National Science Foundation. Grant	134078
awards from the Department of Health and Human Services shall be	134079
weighted at 50 per cent.	134080

(d) 12.5 per cent of the doctoral set-aside in fiscal year	134081
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	134082
shall be allocated to universities based on other quality measures	134083
that contribute to the advancement of quality doctoral programs.	134084
These other quality measures shall be identified by the Chancellor	134085
in consultation with universities. If for any reason metrics for	134086
distributing the quality component of the doctoral set-aside are	134087
not identified prior to the fiscal year allocation process, this	134088
portion of the doctoral set-aside funds shall be allocated to	134089
universities based on division (D)(3)(a) of this section.	134090

(4) Of the foregoing appropriation item 235501, State Share	134091
of Instruction, 6.41 per cent of the appropriation for	134092
universities, as established in division (A)(2) of the section of	134093
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	134094
2014 AND 2015," in each fiscal year shall be reserved for support	134095
of Medical II FTEs. The amount so reserved shall be referred to as	134096
the medical II set-aside.	134097

The medical II set-aside shall be allocated to universities	134098
in proportion to their share of the statewide total of each state	134099
institution's three-year average Medical II FTEs as calculated in	134100
division (A) of this section, weighted by model cost.	134101

(5) Of the foregoing appropriation item 235501, State Share	134102
of Instruction, 1.48 per cent of the appropriation for	134103
universities, as established in division (A)(2) of the section of	134104
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	134105
2014 AND 2015," in each fiscal year shall be reserved for support	134106
of Medical I FTEs. The amount so reserved shall be referred to as	134107
the medical I set-aside.	134108

The medical I set-aside shall be allocated to universities in	134109
proportion to their share of the statewide total of each state	134110
institution's three-year average Medical I FTEs as calculated in	134111
division (A) of this section.	134112

(6) Of the foregoing appropriation item 235501, State Share	134113
of Instruction, 50 per cent of the appropriation in each fiscal	134114
year for universities, net any earmarked funding for university	134115
regional campuses as detailed in division (B)(1) of the section of	134116
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	134117
2014 AND 2015," shall be reserved for support of associate,	134118
baccalaureate, master's, and professional level degree attainment.	134119

The degree attainment funding shall be allocated to	134120
universities in proportion to each campus's share of the total	134121
statewide degrees granted, weighted by the cost of the degree	134122
programs. The degree cost calculations shall include the model	134123
cost weights for the science, technology, engineering,	134124
mathematics, and medicine models as established in division (C) of	134125
this section.	134126

In calculating the subsidy entitlements for degree attainment	134127
at university main and regional campuses, the Chancellor of the	134128
Board of Regents shall use the following count of degrees and	134129
degree costs:	134130

(a) The subsidy eligible undergraduate degrees shall be	134131
defined as follows:	134132

(i) The subsidy eligible degrees conferred to students	134133
identified as residents of the state of Ohio in any term of their	134134
studies, as reported through the Higher Education Information	134135
(HEI) system student enrollment file, shall be weighted by a	134136
factor of 1.	134137

(ii) The subsidy eligible degrees conferred to students	134138
identified as out-of-state residents during all terms of their	134139
studies, as reported through the Higher Education Information	134140
(HEI) system student enrollment file, which remain in the state of	134141
Ohio at least one year after graduation shall be weighted by a	134142
factor of 50 per cent. For fiscal year 2014, subsidy eligible	134143
degrees conferred to all out-of-state students shall be weighted	134144
by a factor of 25 per cent.	134145

(b) In fiscal year 2014, for those associate degrees awarded	134146
by a state-supported university, the subsidy eligible degrees	134147
granted are defined as only those earned by students attending a	134148
university that received funding under GRF appropriation item	134149
235418, Access Challenge, in fiscal year 2009. In fiscal year	134150
2015, subsidy eligible associate degrees are defined as those	134151
earned by students attending any state-supported university main	134152
or regional campus.	134153

(c) In calculating each campus's count of degrees, the	134154
Chancellor of the Board of Regents shall use the three-year	134155
average associate, baccalaureate, master's, and professional	134156
degrees awarded for the three-year period ending in the prior	134157
year. In fiscal year 2014, university regional campuses are not	134158
eligible for degree completion funding. In fiscal year 2015, all	134159
university campuses are eligible for degree completion funding.	134160

(d) Eligible associate degrees defined in division (D)(6)(b)	134161
of this section and all bachelor's degrees earned by a student	134162
that either had an expected family contribution less than 2190,	134163
was determined to have been in need of remedial education, is	134164
Native American, African American, or Hispanic, or is at least age	134165
26 at the time of graduation, shall be defined as degrees earned	134166
by an at-risk student and shall be weighted by the following:	134167

(i) A campus-specific at-risk index, where the index is	134168
calculated based on the proportion of at-risk students enrolled	134169
during a four-year cohort beginning in fiscal year 2001, 2002,	134170
2003, or 2004; and	134171

(ii) A statewide average at-risk degree completion weight	134172
determined by calculating the difference between the percentage of	134173
non-at-risk students who earned a degree and the percentage of	134174
at-risk students who earned a degree in eight years or less.	134175

(7) State share of instruction base formula earnings shall be	134176
determined as follows:	134177

(a) The instructional costs shall be determined by	134178
multiplying the amounts listed above in divisions (B) and (C) of	134179
this section by the average subsidy-eligible FTEs for the	134180
three-year period ending in the prior year for all models except	134181
Doctoral I and Doctoral II.	134182

(b) The Chancellor of the Board of Regents shall compute a	134183
uniform state share of instructional costs for each sector.	134184

(i) For the state-supported community colleges, state	134185
community colleges, and technical colleges, in fiscal year 2014	134186
the Chancellor of the Board of Regents shall compute the uniform	134187
state share of instructional costs for enrollment by dividing the	134188
sector level appropriation total as determined by the Chancellor	134189
in division (A)(1) of the section of this act entitled "STATE	134190
SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	134191
pursuant to divisions (B) and (C) of that section, less the	134192
student college success allocation as described in division (D)(1)	134193
of this section and less the course completion allocation as	134194
detailed in division (D)(2) of this section, by the sum of all	134195
eligible campuses' instructional costs as calculated in division	134196
(D)(7)(b) of this section.	134197

(ii) For the state-supported university regional campuses, in	134198
fiscal year 2014 the Chancellor of the Board of Regents shall	134199
compute the uniform state share of instructional costs by dividing	134200
the sector level appropriation, as determined by the Chancellor in	134201
division (A)(2) of the section of this act entitled "STATE SHARE	134202
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	134203
pursuant to division (B) of that section by the sum of all	134204
campuses' instructional costs as calculated in division (D)(7)(b)	134205
of this section.	134206

(iii) For the state-supported university main campuses, in	134207
fiscal year 2014 the Chancellor of the Board of Regents shall	134208
compute the uniform state share of instructional costs by dividing	134209
the sector level appropriation, as determined by the Chancellor in	134210
division (A)(3) of the section of this act entitled "STATE SHARE	134211
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	134212
pursuant to division (B) of that section, less the degree	134213
attainment funding as calculated in divisions (D)(3) to (6) of	134214
this section, less the doctoral set-aside, less the medical I	134215
set-aside, and less the medical II set-aside, by the sum of all	134216
campuses' instructional costs as calculated in division (D)(7)(b)	134217
of this section.	134218

(iv) For the state university regional and main campuses, in	134219
fiscal year 2015 the Chancellor of the Board of Regents shall	134220
compute the uniform state share of instructional costs by dividing	134221
the university appropriation, as determined by the Chancellor in	134222
division (A)(3) of the section of this act entitled "STATE SHARE	134223
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	134224
pursuant to division (B) of that section, less the degree	134225
attainment funding as calculated in divisions (D)(3) to (6) of	134226
this section, less the doctoral set-aside, less the medical I	134227
set-aside, and less the medical II set-aside, by the sum of all	134228
campuses' instructional costs as calculated in division (D)(7)(b)	134229
of this section.	134230

(c) The formula entitlement shall be determined by	134231
multiplying the uniform state share of instructional costs	134232
calculated in division (D)(7)(c) of this section by the	134233
instructional cost determined in division (D)(7)(b) of this	134234
section.	134235

(8) In addition to the student success allocation, doctoral	134236
set-aside, medical I set-aside, medical II set-aside, and the	134237
degree attainment allocation determined in divisions (D)(1) to (6)	134238
of this section and the formula entitlement determined in division	134239
(D)(7) of this section, an allocation based on facility-based	134240
plant operations and maintenance (POM) subsidy shall be made. For	134241
each eligible university main campus, the amount of the POM	134242
allocation in each fiscal year shall be distributed based on what	134243
each campus received in the fiscal year 2009 POM allocation.	134244

Any POM allocations required by this division shall be funded	134245
by proportionately reducing formula entitlement earnings,	134246
including the POM allocations, for all campuses in that sector.	134247

(9) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR	134248
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES	134249

In addition to and after the adjustments noted above, in	134250
fiscal year 2014, no community college, state community college,	134251
or technical college shall receive a state share of instruction	134252
allocation that is less than 97 per cent of the prior year's state	134253
share of instruction earnings. Funds shall be made available to	134254
support this allocation by proportionately reducing formula	134255
entitlement earnings from those campuses, within the community,	134256
state community, and technical college sector, that are not	134257
receiving stability funding.	134258

(10) CAPITAL COMPONENT DEDUCTION

134259

After all other adjustments have been made, state share of	134260
instruction earnings shall be reduced for each campus by the	134261
amount, if any, by which debt service charged in Am. H.B. 748 of	134262
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	134263
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	134264
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	134265
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	134266
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	134267
562 of the 127th General Assembly for that campus exceeds that	134268
campus's capital component earnings. The sum of the amounts	134269
deducted shall be transferred to appropriation item 235552,	134270
Capital Component, in each fiscal year.	134271

(E) EXCEPTIONAL CIRCUMSTANCES

134272

Adjustments may be made to the state share of instruction	134273
payments and other subsidies distributed by the Chancellor of the	134274
Board of Regents to state colleges and universities for	134275
exceptional circumstances. No adjustments for exceptional	134276
circumstances may be made without the recommendation of the	134277
Chancellor and the approval of the Controlling Board.	134278

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	134279
INSTRUCTION	134280

The standard provisions of the state share of instruction	134281
calculation as described in the preceding sections of temporary	134282
law shall apply to any reductions made to appropriation item	134283
235501, State Share of Instruction, before the Chancellor of the	134284
Board of Regents has formally approved the final allocation of the	134285
state share of instruction funds for any fiscal year.	134286

Any reductions made to appropriation item 235501, State Share	134287
of Instruction, after the Chancellor of the Board of Regents has	134288
formally approved the final allocation of the state share of	134289
instruction funds for any fiscal year, shall be uniformly applied	134290
to each campus in proportion to its share of the final allocation.	134291

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

134292

The state share of instruction payments to the institutions	134293
shall be in substantially equal monthly amounts during the fiscal	134294
year, unless otherwise determined by the Director of Budget and	134295
Management pursuant to section 126.09 of the Revised Code.	134296
Payments during the first six months of the fiscal year shall be	134297
based upon the state share of instruction appropriation estimates	134298
made for the various institutions of higher education according to	134299
the Chancellor of the Board of Regents enrollment, completion, and	134300
performance estimates. Payments during the last six months of the	134301
fiscal year shall be distributed after approval of the Controlling	134302
Board upon the request of the Chancellor.	134303

(H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015	134304
STATE SHARE OF INSTRUCTION FORMULAS	134305

(1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY	134306
COLLEGES	134307

Community college presidents, or their designees, in	134308
consultation with the Chancellor of the Board of Regents, shall	134309
study the most appropriate formula weights for students who come	134310
from "at-risk" populations and recommend how they may be used to	134311
determine allocations of appropriations to community colleges from	134312
appropriation item 235501, State Share of Instruction, in fiscal	134313
year 2015. The study shall identify the socio-economic,	134314
demographic, academic, personal, and other factors that identify a	134315
student as being "at-risk" of academic failure, and recommend how	134316
these factors may be used to determine allocations of the State	134317
Share of Instruction for community colleges in fiscal year 2015.	134318
The study shall be completed by December 31, 2013. Notwithstanding	134319
any provision of law to the contrary, community college	134320
presidents, or their designees, in consultation with the	134321
Chancellor of the Board of Regents, shall use the results of the	134322
study to recommend changes in the determination of the	134323
distribution of the community college allocations beginning in	134324
fiscal year 2015 and shall report any such formula change	134325
recommendations to the Governor, the General Assembly, and the	134326
Office of Budget and Management not later than February 15, 2014.	134327

(2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION	134328
MEASURES FOR COMMUNITY COLLEGES	134329

Community college presidents, or their designees, in	134330
consultation with the Chancellor of the Board of Regents, shall	134331
study the most appropriate formula weights for the "success	134332
points" and completion performance measures used in the allocation	134333
of appropriations to community colleges from appropriation item	134334
235501, State Share of Instruction, in fiscal year 2015. The study	134335
shall research the most appropriate success points and completion	134336
measures that occur during the academic career of community	134337
college students and recommend revisions to the current State	134338
Share of Instruction model to fund achievement of the success	134339
points beginning in fiscal year 2015. In addition, community	134340
college presidents, or their designees, in consultation with the	134341
Chancellor of the Board of Regents, shall determine how the	134342
community college's fiscal year 2015 share of State Share of	134343
Instruction funding shall be distributed among its success points,	134344
completion measures and course completion funding, or other	134345
performance and access measures. The study shall be completed by	134346
December 31, 2013. Notwithstanding any provision of law to the	134347
contrary, community college presidents, or their designees, in	134348
consultation with the Chancellor of the Board of Regents, shall	134349
use the results of the study to recommend changes in the	134350
determination of the distribution of the community college	134351
allocations beginning in fiscal year 2015 and shall report any	134352
such formula change recommendations to the Governor, the General	134353
Assembly, and the Office of Budget and Management not later than	134354
February 15, 2014.	134355

(3) STUDY ON THE USE OF STUDENT LEVEL "AT-RISK" WEIGHTS AND	134356
PROPORTIONAL DEGREE COUNTS FOR THE UNIVERSITIES DEGREE COMPLETION	134357
COMPONENT	134358

University presidents, or their designees, in consultation	134359
with the Chancellor of the Board of Regents, shall study the most	134360
appropriate formula weights for students who come from "at-risk"	134361
populations and recommend how they may be used to determine	134362
allocations of appropriations to universities from appropriation	134363
item 235501, State Share of Instruction, in fiscal year 2015. In	134364
addition to studying the "at-risk" student weights, university	134365
presidents, or their designees, in consultation with the	134366
Chancellor of the Board of Regents, shall recommend a methodology	134367
for merging the current main campus and regional campus funding	134368
formulas and distributing degree subsidies in cases where a	134369
student attended more than one institution of higher education.	134370
The study shall be completed by December 31, 2013. Notwithstanding	134371
any provision of law to the contrary, university presidents, or	134372
their designees, in consultation with the Chancellor of the Board	134373
of Regents, shall use the results of the study to recommend	134374
changes in the determination of the distribution of the university	134375
allocations beginning in fiscal year 2015 and shall report any	134376
such formula change recommendations to the Governor, the General	134377
Assembly and the Office of Budget and Management not later than	134378
February 15, 2014.	134379

Section 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	134380
2014 AND 2015	134381

(A) The foregoing appropriation item 235501, State Share of	134382
Instruction, shall be distributed according to the section of this	134383
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	134384

(1) Of the foregoing appropriation item 235501, State Share	134385
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428	134386
in fiscal year 2015 shall be distributed to state-supported	134387
community colleges, state community colleges, and technical	134388
colleges.	134389

(2) Of the foregoing appropriation item 235501, State Share	134390
of Instruction, $1,372,968,020 in fiscal year 2014 and	134391
$1,399,124,069 in fiscal year 2015 shall be distributed to	134392
state-supported university main and regional campuses.	134393

(B) Of the amounts earmarked in division (A)(2) of this	134394
section:	134395

(1) $116,181,104 in fiscal year 2014 shall be distributed to	134396
state university regional campuses.	134397

(2) $3,923,764 in each fiscal year shall be distributed to	134398
university main campuses based on each campus's share of the	134399
appropriation item 235418, Access Challenge, in fiscal year 2009.	134400

(C) The POM adjustment in division (D)(7) of the section of	134401
this act entitled "STATE SHARE OF INSTRUCTION FORMULAS" and the	134402
Access Challenge earmark in division (B) of this section shall	134403
expire on June 30, 2015.	134404

(D) The state share of instruction payments to the	134405
institutions shall be in substantially equal monthly amounts	134406
during the fiscal year, unless otherwise determined by the	134407
Director of Budget and Management pursuant to section 126.09 of	134408
the Revised Code. Payments during the last six months of the	134409
fiscal year shall be distributed after approval of the Controlling	134410
Board upon the request of the Chancellor of the Board of Regents.	134411

Section 363.210. TRANSFER OF INSTRUCTIONAL SUBSIDIES BETWEEN	134412
UNIVERSITIES	134413

Notwithstanding any provision of law to the contrary, in	134414
consultation with the Chancellor of the Board of Regents, a	134415
state-supported university may request to transfer its fiscal year	134416
2014 state share of instruction subsidy allocations of the	134417
foregoing appropriation item 235501, State Share of Instruction,	134418
between a university main campus and any university branch campus	134419
for which the university main campus is affiliated to best	134420
accomplish institutional goals and objectives. At the request of	134421
the Chancellor of the Board of Regents, the Director of Budget and	134422
Management may transfer the requested amounts of state share of	134423
instruction appropriation allocations between affiliated	134424
university branch campuses and university main campuses.	134425

Section 363.213. STATE SHARE OF INSTRUCTION BRIDGE FUNDING

134426

The foregoing appropriation item 235505, State Share of	134427
Instruction Bridge Funding, shall be used by the Chancellor to	134428
supplement each campus receiving a State Share of Instruction	134429
allocation in fiscal year 2014 that is lower than that campus's	134430
State Share of Instruction allocation in fiscal year 2013.	134431

(A) For fiscal year 2014, the Chancellor shall pay temporary	134432
allocations from the foregoing appropriation item 235505, State	134433
Share of Instruction Bridge Funding, to any campus that	134434
experiences any decrease in its State Share of Instruction	134435
funding.	134436

(1) The amount of the temporary allocation payments for all	134437
state institution campuses except Central State University and	134438
Shawnee State University shall be equal to the difference between	134439
the campus's State Share of Instruction funding allocation for	134440
fiscal year 2013, as determined under the formula detailed in	134441
sections 371.20.50 and 371.20.60 of Am. Sub. H.B. 153 of the 129th	134442
General Assembly, and the campus's State Share of Instruction	134443
funding allocation for fiscal year 2014, as determined under the	134444
formula detailed in sections 363.190 and 363.200 of this act. If	134445
the computation made under this division results in a negative	134446
number, the campus's payment under this division shall be zero.	134447

(2) The amount of the temporary allocation payments for	134448
Central State University shall be equal to the difference between	134449
(a) Central State University's State Share of Instruction funding	134450
allocation for fiscal year 2013, as determined under the State	134451
Share of Instruction formula detailed in sections 371.20.50 and	134452
371.20.60 of Am. Sub. H.B. 153 of the 129th General Assembly,	134453
combined with the fiscal year 2013 appropriation for appropriation	134454
item 235514, Central State Supplement, in section 371.10 of Am.	134455
Sub. H.B. 153 of the 129th General Assembly, and (b) Central State	134456
University's State Share of Instruction funding allocation for	134457
fiscal year 2014, as determined under the formula detailed in	134458
sections 363.190 and 363.200 of this act, combined with the fiscal	134459
year 2014 appropriation for the foregoing appropriation item	134460
235514, Central State Supplement. If the computation made under	134461
this division results in a negative number, Central State	134462
University's payment under this division shall be zero.	134463

(3) The amount of the temporary allocation payments for	134464
Shawnee State University shall be equal to the difference between	134465
(a) Shawnee State University's State Share of Instruction funding	134466
allocation for fiscal year 2013, as determined under the State	134467
Share of Instruction formula detailed in sections 371.20.50 and	134468
371.20.60 of Am. Sub. H.B. 153 of the 129th General Assembly,	134469
combined with the fiscal year 2013 appropriation for appropriation	134470
item 235520, Shawnee State Supplement, in section 371.10 of Am.	134471
Sub. H.B. 153 of the 129th General Assembly, and (b) Shawnee State	134472
University's State Share of Instruction funding allocation for	134473
fiscal year 2014, as determined under the formula detailed in	134474
sections 363.190 and 363.200 of this act, combined with the fiscal	134475
year 2014 appropriation for the foregoing appropriation item	134476
235514, Shawnee State Supplement. If the computation made under	134477
this division results in a negative number, Shawnee State	134478
University's payment under this division shall be zero.	134479

(B) In each fiscal year, the Chancellor shall not distribute	134480
an amount greater than what is appropriated under the foregoing	134481
appropriation item 235505, State Share of Instruction Bridge	134482
Funding. If the Chancellor determines that the amounts	134483
appropriated for support of the State Share of Instruction Bridge	134484
Funding program are inadequate to provide full temporary	134485
allocation payments to all eligible campuses, the Chancellor shall	134486
proportionally reduce payment amounts.	134487

Section 363.220. RESTRICTION ON FEE INCREASES

134488

The boards of trustees of state institutions of higher	134489
education shall restrain increases in in-state undergraduate	134490
instructional and general fees. Each state university and the	134491
Northeast Ohio Medical University shall not increase its in-state	134492
undergraduate instructional and general fees by more than 2.0 per	134493
cent or $188, whichever is higher, over what the institution	134494
charged for the preceding academic year.	134495

Each university regional campus shall not increase its	134496
in-state undergraduate instructional and general fees by more than	134497
2.0 per cent or $114, whichever is higher, over what the	134498
institution charged for the preceding academic year.	134499

Each community college, state community college, and	134500
technical college shall not increase its in-state undergraduate	134501
instructional and general fees by more than $100 over what the	134502
institution charged for the preceding academic year.	134503

These limitations shall not apply to increases required to	134504
comply with institutional covenants related to their obligations	134505
or to meet unfunded legal mandates or legally binding obligations	134506
incurred or commitments made prior to the effective date of this	134507
section with respect to which the institution had identified such	134508
fee increases as the source of funds. Any increase required by	134509
such covenants and any such mandates, obligations, or commitments	134510
shall be reported by the Chancellor of the Board of Regents to the	134511
Controlling Board. These limitations may also be modified by the	134512
Chancellor of the Board of Regents, with the approval of the	134513
Controlling Board, to respond to exceptional circumstances as	134514
identified by the Chancellor of the Board of Regents.	134515

These limitations shall not apply to institutions	134516
participating in an undergraduate tuition guarantee program	134517
pursuant to section 3345.48 of the Revised Code.	134518

Section 363.230. HIGHER EDUCATION - BOARD OF TRUSTEES

134519

(A) Funds appropriated for instructional subsidies at	134520
colleges and universities may be used to provide such branch or	134521
other off-campus undergraduate courses of study and such master's	134522
degree courses of study as may be approved by the Chancellor of	134523
the Board of Regents.	134524

(B) In providing instructional and other services to	134525
students, boards of trustees of state institutions of higher	134526
education shall supplement state subsidies with income from	134527
charges to students. Except as otherwise provided in this act,	134528
each board shall establish the fees to be charged to all students,	134529
including an instructional fee for educational and associated	134530
operational support of the institution and a general fee for	134531
noninstructional services, including locally financed student	134532
services facilities used for the benefit of enrolled students. The	134533
instructional fee and the general fee shall encompass all charges	134534
for services assessed uniformly to all enrolled students. Each	134535
board may also establish special purpose fees, service charges,	134536
and fines as required; such special purpose fees and service	134537
charges shall be for services or benefits furnished individual	134538
students or specific categories of students and shall not be	134539
applied uniformly to all enrolled students. A tuition surcharge	134540
shall be paid by all students who are not residents of Ohio.	134541

The board of trustees of a state institution of higher	134542
education shall not authorize a waiver or nonpayment of	134543
instructional fees or general fees for any particular student or	134544
any class of students other than waivers specifically authorized	134545
by law or approved by the Chancellor. This prohibition is not	134546
intended to limit the authority of boards of trustees to provide	134547
for payments to students for services rendered the institution,	134548
nor to prohibit the budgeting of income for staff benefits or for	134549
student assistance in the form of payment of such instructional	134550
and general fees.	134551

Each state institution of higher education in its statement	134552
of charges to students shall separately identify the instructional	134553
fee, the general fee, the tuition charge, and the tuition	134554
surcharge. Fee charges to students for instruction shall not be	134555
considered to be a price of service but shall be considered to be	134556
an integral part of the state government financing program in	134557
support of higher educational opportunity for students.	134558

(C) The boards of trustees of state institutions of higher	134559
education shall ensure that faculty members devote a proper and	134560
judicious part of their work week to the actual instruction of	134561
students. Total class credit hours of production per academic term	134562
per full-time faculty member is expected to meet the standards set	134563
forth in the budget data submitted by the Chancellor of the Board	134564
of Regents.	134565

(D) The authority of government vested by law in the boards	134566
of trustees of state institutions of higher education shall in	134567
fact be exercised by those boards. Boards of trustees may consult	134568
extensively with appropriate student and faculty groups.	134569
Administrative decisions about the utilization of available	134570
resources, about organizational structure, about disciplinary	134571
procedure, about the operation and staffing of all auxiliary	134572
facilities, and about administrative personnel shall be the	134573
exclusive prerogative of boards of trustees. Any delegation of	134574
authority by a board of trustees in other areas of responsibility	134575
shall be accompanied by appropriate standards of guidance	134576
concerning expected objectives in the exercise of such delegated	134577
authority and shall be accompanied by periodic review of the	134578
exercise of this delegated authority to the end that the public	134579
interest, in contrast to any institutional or special interest,	134580
shall be served.	134581

Section 363.240. STUDENT SUPPORT SERVICES

134582

The foregoing appropriation item 235502, Student Support	134583
Services, shall be distributed by the Chancellor of the Board of	134584
Regents to Ohio's state colleges and universities that incur	134585
disproportionate costs in the provision of support services to	134586
disabled students.	134587

Section 363.250. WAR ORPHANS SCHOLARSHIPS

134588

The foregoing appropriation item 235504, War Orphans	134589
Scholarships, shall be used to reimburse state institutions of	134590
higher education for waivers of instructional fees and general	134591
fees provided by them, to provide grants to institutions that have	134592
received a certificate of authorization from the Chancellor of the	134593
Board of Regents under Chapter 1713. of the Revised Code, in	134594
accordance with the provisions of section 5910.04 of the Revised	134595
Code, and to fund additional scholarship benefits provided by	134596
section 5910.032 of the Revised Code.	134597

Section 363.253. OHIO STRATEGIC TRAINING CENTER

134598

The foregoing appropriation item 235506, Ohio Strategic	134599
Training Center, shall be used for a demonstration project to	134600
purchase portable welding stations made from large shipping	134601
containers and high level advanced training equipment for use at	134602
the Point Industrial Park in South Point.	134603

Section 363.260. OHIOLINK

134604

The foregoing appropriation item 235507, OhioLINK, shall be	134605
used by the Chancellor of the Board of Regents to support	134606
OhioLINK, a consortium organized under division (T) of section	134607
3333.04 of the Revised Code to serve as the state's electronic	134608
library information and retrieval system, which provides access	134609
statewide to an extensive set of electronic databases and	134610
resources, the library holdings of Ohio's public and participating	134611
private nonprofit colleges and universities, and the State Library	134612
of Ohio.	134613

Section 363.270. AIR FORCE INSTITUTE OF TECHNOLOGY

134614

The foregoing appropriation item 235508, Air Force Institute	134615
of Technology, shall be used to: (A) strengthen the research and	134616
educational linkages between the Wright Patterson Air Force Base	134617
and institutions of higher education in Ohio; and (B) support the	134618
Dayton Area Graduate Studies Institute, an engineering graduate	134619
consortium of Wright State University, the University of Dayton,	134620
and the Air Force Institute of Technology, with the participation	134621
of the University of Cincinnati and The Ohio State University.	134622

Section 363.280. OHIO SUPERCOMPUTER CENTER

134623

The foregoing appropriation item 235510, Ohio Supercomputer	134624
Center, shall be used by the Chancellor of the Board of Regents to	134625
support the operation of the Ohio Supercomputer Center, a	134626
consortium organized under division (T) of section 3333.04 of the	134627
Revised Code, located at The Ohio State University. The Ohio	134628
Supercomputer Center is a statewide resource available to Ohio	134629
research universities both public and private. It is also intended	134630
that the center be made accessible to private industry as	134631
appropriate.	134632

Funds shall be used, in part, to support the Ohio	134633
Supercomputer Center's Computational Science Initiative, which	134634
includes its industrial outreach program, Blue Collar Computing,	134635
and its School of Computational Science. These collaborations	134636
between the Ohio Supercomputer Center and Ohio's colleges and	134637
universities shall be aimed at making Ohio a leader in using	134638
computer modeling to promote economic development.	134639

Section 363.290. COOPERATIVE EXTENSION SERVICE

134640

The foregoing appropriation item 235511, Cooperative	134641
Extension Service, shall be disbursed through the Chancellor of	134642
the Board of Regents to The Ohio State University in monthly	134643
payments, unless otherwise determined by the Director of Budget	134644
and Management under section 126.09 of the Revised Code.	134645

Of the foregoing appropriation item 235511, Cooperative	134646
Extension Service, up to $30,000 in fiscal year 2014 shall be used	134647
to develop an in-school agriculturally based curriculum for	134648
inclusion within the regular classroom curriculum of an elementary	134649
school in the Cleveland Municipal School District and the	134650
Cincinnati City School District.	134651

Of the foregoing appropriation item 235511, Cooperative	134652
Extension Service, up to $73,450 in each fiscal year shall be used	134653
to support a City of Cleveland Program Manager tasked with	134654
preparing regular classroom teachers in one elementary school to	134655
recruit and train volunteers for an after-school 4-H Club.	134656

Of the foregoing appropriation item 235511, Cooperative	134657
Extension Service, $73,450 in each fiscal year shall be used to	134658
support a City of Cincinnati Program Manager tasked with preparing	134659
regular classroom teachers in one elementary school to recruit and	134660
train volunteers for an after-school 4-H Club.	134661

Section 363.300. CENTRAL STATE SUPPLEMENT

134662

The foregoing appropriation item 235514, Central State	134663
Supplement, shall be disbursed by the Chancellor of the Board of	134664
Regents to Central State University in accordance with the plan	134665
developed by the Chancellor and submitted to the Governor and the	134666
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	134667
General Assembly. Funds shall be used in a manner consistent with	134668
the goals of increasing enrollment, improving course completion,	134669
and increasing the number of degrees conferred.	134670

The Chancellor shall monitor the implementation of the plan	134671
and the use of funds. Central State University shall provide any	134672
information requested by the Chancellor related to the	134673
implementation of the plan. If the Chancellor determines that	134674
Central State University's use of supplemental funds is not in	134675
accordance with the plan or if the plan is not having the desired	134676
effect, the Chancellor may notify Central State University that	134677
the plan is suspended. Upon receiving such notice, Central State	134678
University shall avoid all unnecessary expenditures under the	134679
plan. The Chancellor shall notify the Controlling Board of the	134680
suspension of the plan and within sixty days prepare a new plan	134681
for the use of any remaining funds.	134682

Section 363.310. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	134683
MEDICINE	134684

The foregoing appropriation item 235515, Case Western Reserve	134685
University School of Medicine, shall be disbursed to Case Western	134686
Reserve University through the Chancellor of the Board of Regents	134687
in accordance with agreements entered into under section 3333.10	134688
of the Revised Code, provided that the state support per full-time	134689
medical student shall not exceed that provided to full-time	134690
medical students at state universities.	134691

Section 363.320. FAMILY PRACTICE

134692

The Chancellor of the Ohio Board of Regents shall develop	134693
plans consistent with existing criteria and guidelines as may be	134694
required for the distribution of appropriation item 235519, Family	134695
Practice.	134696

Section 363.330. SHAWNEE STATE SUPPLEMENT

134697

The foregoing appropriation item 235520, Shawnee State	134698
Supplement, shall be disbursed by the Chancellor of the Board of	134699
Regents to Shawnee State University in accordance with the plan	134700
developed by the Chancellor and submitted to the Governor and the	134701
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	134702
General Assembly. Funds shall be used in a manner consistent with	134703
the goals of improving course completion, increasing the number of	134704
degrees conferred, and furthering the university's mission of	134705
service to the Appalachian region.	134706

The Chancellor shall monitor the implementation of the plan	134707
and the use of funds. Shawnee State University shall provide any	134708
information requested by the Chancellor related to the	134709
implementation of the plan. If the Chancellor determines that	134710
Shawnee State University's use of supplemental funds is not in	134711
accordance with the plan or if the plan is not having the desired	134712
effect, the Chancellor may notify Shawnee State University that	134713
the plan is suspended. Upon receiving such notice, Shawnee State	134714
University shall avoid all unnecessary expenditures under the	134715
plan. The Chancellor shall notify the Controlling Board of the	134716
suspension of the plan and within sixty days prepare a new plan	134717
for the use of any remaining funds.	134718

Section 363.333. YOUTH STEM COMMERCIALIZATION AND	134719
ENTREPRENEURSHIP PROGRAM	134720

The foregoing appropriation item 235523, Youth STEM	134721
Commercialization and Entrepreneurship Program, shall be used by	134722
the Chancellor of the Ohio Board of Regents to support the Youth	134723
STEM Commercialization and Entrepreneurship Program. The purpose	134724
of this program is to grow Ohio's next generation of	134725
entrepreneurs, to create jobs in Ohio by focusing on the practical	134726
application of science, technology, engineering, and mathematics	134727
(STEM), including medicine and health fields, and to innovate new	134728
products and services. The Youth STEM Commercialization and	134729
Entrepreneurship Program shall (1) conduct regional STEM forums	134730
for students and educators; (2) develop regional online high	134731
school and collegiate STEM commercialization and entrepreneurship	134732
content and courses; (3) create a statewide STEM commercialization	134733
and entrepreneurship mentoring network available to high school	134734
students anywhere in Ohio; and (4) conduct a statewide STEM	134735
Commercialization and Entrepreneurship Plan competition that	134736
includes incentive awards and scholarships for students and	134737
professional development and incentives for teacher participation.	134738
The competition and all aspects of the program shall be open to	134739
any Ohio high school student and shall include initiatives to	134740
engage minority, rural, and economically disadvantaged students	134741
anywhere in Ohio. The Youth STEM Commercialization and	134742
Entrepreneurship Program shall collaborate with Ohio's colleges	134743
and universities, existing STEM and entrepreneurship programs, and	134744
Ohio's STEM professional and trade associations to implement these	134745
provisions and to create the new products or services of the	134746
future, advance job creation in Ohio, and encourage enrollment at	134747
Ohio institutions of higher education.	134748

Section 363.340. POLICE AND FIRE PROTECTION

134749

The foregoing appropriation item 235524, Police and Fire	134750
Protection, shall be used for police and fire services in the	134751
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	134752
Portsmouth, Xenia Township (Greene County), Rootstown Township,	134753
and the City of Nelsonville that may be used to assist these local	134754
governments in providing police and fire protection for the	134755
central campus of the state-affiliated university located therein.	134756

Section 363.350. GERIATRIC MEDICINE

134757

The Chancellor of the Board of Regents shall develop plans	134758
consistent with existing criteria and guidelines as may be	134759
required for the distribution of appropriation item 235525,	134760
Geriatric Medicine.	134761

Section 363.360. PRIMARY CARE RESIDENCIES

134762

The Chancellor of the Board of Regents shall develop plans	134763
consistent with existing criteria and guidelines as may be	134764
required for the distribution of appropriation item 235526,	134765
Primary Care Residencies.	134766

The foregoing appropriation item 235526, Primary Care	134767
Residencies, shall be distributed in each fiscal year of the	134768
biennium, based on whether or not the institution has submitted	134769
and gained approval for a plan. If the institution does not have	134770
an approved plan, it shall receive five per cent less funding per	134771
student than it would have received from its annual allocation.	134772
The remaining funding shall be distributed among those	134773
institutions that meet or exceed their targets.	134774

Section 363.370. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	134775
CENTER	134776

The foregoing appropriation item 235535, Ohio Agricultural	134777
Research and Development Center, shall be disbursed through the	134778
Chancellor of the Board of Regents to The Ohio State University in	134779
monthly payments, unless otherwise determined by the Director of	134780
Budget and Management under section 126.09 of the Revised Code.	134781
The Ohio Agricultural Research and Development Center shall not be	134782
required to remit payment to The Ohio State University during the	134783
biennium ending June 30, 2015, for cost reallocation assessments.	134784
The cost reallocation assessments include, but are not limited to,	134785
any assessment on state appropriations to the Center.	134786

The Ohio Agricultural Research and Development Center, an	134787
entity of the College of Food, Agricultural, and Environmental	134788
Sciences of The Ohio State University, shall further its mission	134789
of enhancing Ohio's economic development and job creation by	134790
continuing to internally allocate on a competitive basis	134791
appropriated funding of programs based on demonstrated	134792
performance. Academic units, faculty, and faculty-driven programs	134793
shall be evaluated and rewarded consistent with agreed-upon	134794
performance expectations as called for in the College's	134795
Expectations and Criteria for Performance Assessment.	134796

Section 363.380. STATE UNIVERSITY CLINICAL TEACHING

134797

The foregoing appropriation items 235536, The Ohio State	134798
University Clinical Teaching; 235537, University of Cincinnati	134799
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	134800
235539, Wright State University Clinical Teaching; 235540, Ohio	134801
University Clinical Teaching; and 235541, Northeast Ohio Medical	134802
University Clinical Teaching, shall be distributed through the	134803
Chancellor of the Board of Regents.	134804

Section 363.390. CAPITAL COMPONENT

134805

The foregoing appropriation item 235552, Capital Component,	134806
shall be used by the Chancellor of the Board of Regents to provide	134807
funding for prior commitments made pursuant to the state's former	134808
capital funding policy for state colleges and universities that	134809
was originally established in Am. H.B. 748 of the 121st General	134810
Assembly. Appropriations from this item shall be distributed to	134811
all campuses for which the estimated campus debt service	134812
attributable to qualifying capital projects was less than the	134813
campus's formula-determined capital component allocation. Campus	134814
allocations shall be determined by subtracting the estimated	134815
campus debt service attributable to qualifying capital projects	134816
from the campus's formula-determined capital component allocation.	134817
Moneys distributed from this appropriation item shall be	134818
restricted to capital-related purposes.	134819

Any campus for which the estimated campus debt service	134820
attributable to qualifying capital projects is greater than the	134821
campus's formula-determined capital component allocation shall	134822
have the difference subtracted from its State Share of Instruction	134823
allocation in each fiscal year. Appropriation equal to the sum of	134824
all such amounts except that of the Ohio Agricultural Research and	134825
Development Center shall be transferred from appropriation item	134826
235501, State Share of Instruction, to appropriation item 235552,	134827
Capital Component. Appropriation equal to any estimated Ohio	134828
Agricultural Research and Development Center debt service	134829
attributable to qualifying capital projects that is greater than	134830
the Center's formula-determined capital component allocation shall	134831
be transferred from appropriation item 235535, Ohio Agricultural	134832
Research and Development Center, to appropriation item 235552,	134833
Capital Component.	134834

Section 363.400. LIBRARY DEPOSITORIES

134835

The foregoing appropriation item, 235555, Library	134836
Depositories, shall be distributed to the state's five regional	134837
depository libraries for the cost-effective storage of and access	134838
to lesser-used materials in university library collections. The	134839
depositories shall be administrated by the Chancellor of the Board	134840
of Regents, or by OhioLINK at the discretion of the Chancellor.	134841

Section 363.410. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

134842

The foregoing appropriation item 235556, Ohio Academic	134843
Resources Network, shall be used by the Chancellor of the Board of	134844
Regents to support the operations of the Ohio Academic Resources	134845
Network, a consortium organized under division (T) of section	134846
3333.04 of the Revised Code, which shall include support for	134847
Ohio's colleges and universities in maintaining and enhancing	134848
network connections, using new network technologies to improve	134849
research, education, and economic development programs, and	134850
sharing information technology services. To the extent network	134851
capacity is available, OARnet shall support allocating bandwidth	134852
to eligible programs directly supporting Ohio's economic	134853
development.	134854

Section 363.420. LONG-TERM CARE RESEARCH

134855

The foregoing appropriation item 235558, Long-term Care	134856
Research, shall be disbursed to Miami University for long-term	134857
care research.	134858

Section 363.430. OHIO COLLEGE OPPORTUNITY GRANT

134859

(A) Except as provided in division (C) of this section:

134860

Of the foregoing appropriation item 235563, Ohio College	134861
Opportunity Grant, $41,000,000 in each fiscal year shall be used	134862
by the Chancellor of the Board of Regents to award need-based	134863
financial aid to students enrolled in eligible four-year public	134864
institutions of higher education, excluding early college high	134865
school and post-secondary enrollment option participants.	134866

Of the foregoing appropriation item 235563, Ohio College	134867
Opportunity Grant, $41,000,000 in each fiscal year shall be used	134868
by the Chancellor of the Board of Regents to award need-based	134869
financial aid to students enrolled in eligible private nonprofit	134870
institutions of higher education, excluding early college high	134871
school and post-secondary enrollment option participants.	134872

The remainder of the foregoing appropriation item 235563,	134873
Ohio College Opportunity Grant, shall be used by the Chancellor of	134874
the Board of Regents to award needs-based financial aid to	134875
students enrolled in eligible private for-profit career colleges	134876
and schools.	134877

(B)(1) As used in this section:

134878

(a) "Eligible institution" means any institution described in	134879
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	134880
Code.	134881

(b) The three "sectors" of institutions of higher education	134882
consist of the following:	134883

(i) State colleges and universities, community colleges,	134884
state community colleges, university branches, and technical	134885
colleges;	134886

(ii) Eligible private nonprofit institutions of higher	134887
education;	134888

(iii) Eligible private for-profit career colleges and	134889
schools.	134890

(2) If the Chancellor determines that the amounts	134891
appropriated for support of the Ohio College Opportunity Grant	134892
program are inadequate to provide grants to all eligible students	134893
as calculated under division (D) of section 3333.122 of the	134894
Revised Code, the Chancellor may create a distribution formula for	134895
fiscal year 2014 and fiscal year 2015 based on the formula used in	134896
fiscal year 2013, or may follow methods established in division	134897
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	134898
Chancellor shall notify the Controlling Board of the distribution	134899
method. Any formula calculated under this division shall be	134900
complete and established to coincide with the start of the	134901
2013-2014 academic year.	134902

(C) Prior to determining the amount of funds available to	134903
award under this section and section 3333.122 of the Revised Code,	134904
the Chancellor shall use the foregoing appropriation item 235563,	134905
Ohio College Opportunity Grant, to pay for renewals or partial	134906
renewals of scholarships students receive under the Ohio Academic	134907
Scholarship Program under sections 3333.21 and 3333.22 of the	134908
Revised Code. In paying for scholarships under this division, the	134909
Chancellor shall deduct funds from the allocations made under	134910
division (A) of this section. Deductions shall be proportionate to	134911
the amounts allocated to each sector from the total amounts	134912
appropriated for each sector under the foregoing appropriation	134913
item 235563, Ohio College Opportunity Grant.	134914

In each fiscal year, the Chancellor shall not distribute or	134915
obligate or commit to be distributed an amount greater than what	134916
is appropriated under the foregoing appropriation item 235563,	134917
Ohio College Opportunity Grant.	134918

(D) The Chancellor shall establish, and post on the Ohio	134919
Board of Regents' web site, award tables based on any formulas	134920
created under division (B) of this section. The Chancellor shall	134921
notify students and institutions of any reductions in awards under	134922
this section.	134923

On or before August 31, 2013, the Chancellor of the Board of	134924
Regents shall submit award tables to the Controlling Board for the	134925
2013-2014 academic year and allocations of Ohio College	134926
Opportunity Grant awards not already specified in section 3333.122	134927
of the Revised Code.	134928

(E) Notwithstanding section 3333.122 of the Revised Code, no	134929
student shall be eligible to receive an Ohio College Opportunity	134930
Grant for more than ten semesters, fifteen quarters, or the	134931
equivalent of five academic years, less the number of semesters or	134932
quarters in which the student received an Ohio Instructional	134933
Grant.	134934

Section 363.440. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

134935

The foregoing appropriation item 235572, The Ohio State	134936
University Clinic Support, shall be distributed through the	134937
Chancellor of the Board of Regents to The Ohio State University	134938
for support of dental and veterinary medicine clinics.	134939

Section 363.450. NATIONAL GUARD SCHOLARSHIP PROGRAM

134940

The Chancellor of the Board of Regents shall disburse funds	134941
from appropriation item 235599, National Guard Scholarship	134942
Program. During each fiscal year, the Chancellor of the Board of	134943
Regents, within ten days of cancellation, may certify to the	134944
Director of Budget and Management the amount of canceled	134945
prior-year encumbrances in appropriation item 235599, National	134946
Guard Scholarship Program. Upon receipt of the certification, the	134947
Director of Budget and Management may transfer cash in an amount	134948
up to the amount certified from the General Revenue Fund to the	134949
National Guard Scholarship Reserve Fund (Fund 5BM0). The	134950
Chancellor of the Board of Regents shall seek Controlling Board	134951
approval to authorize additional expenditures for appropriation	134952
item 235623, National Guard Scholarship Reserve Fund. Upon	134953
approval of the Controlling Board, the additional amounts are	134954
hereby appropriated. The Chancellor of the Board of Regents shall	134955
disburse funds from appropriation item 235623, National Guard	134956
Scholarship Reserve Fund.	134957

Section 363.460. PLEDGE OF FEES

134958

Any new pledge of fees, or new agreement for adjustment of	134959
fees, made in the biennium ending June 30, 2015, to secure bonds	134960
or notes of a state institution of higher education for a project	134961
for which bonds or notes were not outstanding on the effective	134962
date of this section shall be effective only after approval by the	134963
Chancellor of the Board of Regents, unless approved in a previous	134964
biennium.	134965

Section 363.470. HIGHER EDUCATION GENERAL OBLIGATION DEBT	134966
SERVICE	134967

The foregoing appropriation item 235909, Higher Education	134968
General Obligation Debt Service, shall be used to pay all debt	134969
service and related financing costs at the times they are required	134970
to be made during the period from July 1, 2013, through June 30,	134971
2015, for obligations issued under sections 151.01 and 151.04 of	134972
the Revised Code.	134973

Section 363.480. SALES AND SERVICES

134974

The Chancellor of the Board of Regents is authorized to	134975
charge and accept payment for the provision of goods and services.	134976
Such charges shall be reasonably related to the cost of producing	134977
the goods and services. Except as otherwise provided by law, no	134978
charges may be levied for goods or services that are produced as	134979
part of the routine responsibilities or duties of the Chancellor.	134980
All revenues received by the Chancellor of the Board of Regents	134981
shall be deposited into Fund 4560, and may be used by the	134982
Chancellor of the Board of Regents to pay for the costs of	134983
producing the goods and services.	134984

Section 363.483. CO-OP INTERNSHIP PROGRAM

134985

Of the foregoing appropriation item 235649, Co-op Internship	134986
Program, $75,000 in each fiscal year shall be used by the	134987
Chancellor of the Board of Regents to support the operations of	134988
Ohio University's Voinovich School.	134989

Of the foregoing appropriation item 235649, Co-op Internship	134990
Program, $75,000 in each fiscal year, shall be used by the	134991
Chancellor of the Board of Regents to support the operations of	134992
The Ohio State University's John Glenn School of Public Affairs.	134993

Of the foregoing appropriation item 235649, Co-op Internship	134994
Program, $75,000 in each fiscal year shall be used to support the	134995
Bliss Institute of Applied Politics at the University of Akron.	134996

Of the foregoing appropriation item 235649, Co-op Internship	134997
Program, $75,000 in each fiscal year shall be used to support the	134998
Center for Public Management and Regional Affairs at Miami	134999
University.	135000

Of the foregoing appropriation item 235649, Co-op Internship	135001
Program, $75,000 in each fiscal year shall be used to support the	135002
Washington Center Internship Program.	135003

Of the foregoing appropriation item 235649, Co-op Internship	135004
Program, $75,000 in each fiscal year shall be used to support the	135005
Ohio Center for the Advancement of Women in Public Service at the	135006
Maxine Goodman Levin College of Urban Affairs at Cleveland State	135007
University.	135008

Of the foregoing appropriation item 235649, Co-op Internship	135009
Program, $75,000 in each fiscal year shall be used to support the	135010
University of Cincinnati Internship Program.	135011

Of the foregoing appropriation item 235649, Co-op Internship	135012
Program, $75,000 in each fiscal year shall be used by the	135013
Chancellor of the Board of Regents to support the operations of	135014
the Center for Regional Development at Bowling Green State	135015
University.	135016

Of the foregoing appropriation item 235649, Co-op Internship	135017
Program, $75,000 in each fiscal year shall be used by the	135018
Chancellor of the Board of Regents to support the operations of	135019
the Institute for Defense Studies at Wright State University.	135020

Of the foregoing appropriation item 235649, Co-op Internship	135021
Program, $75,000 in each fiscal year shall be used to support the	135022
Kent State University Columbus Program.	135023

Section 363.490. HIGHER EDUCATIONAL FACILITY COMMISSION	135024
ADMINISTRATION	135025

The foregoing appropriation item 235602, Higher Educational	135026
Facility Commission Administration, shall be used by the	135027
Chancellor of the Board of Regents for operating expenses related	135028
to the Chancellor of the Board of Regents' support of the	135029
activities of the Ohio Higher Educational Facility Commission.	135030
Upon the request of the Chancellor, the Director of Budget and	135031
Management may transfer up to $29,100 cash in each fiscal year	135032
from the HEFC Operating Expenses Fund (Fund 4610) to the HEFC	135033
Administration Fund (Fund 4E80).	135034

Section 363.500. NURSING LOAN PROGRAM

135035

The foregoing appropriation item 235606, Nursing Loan	135036
Program, shall be used to administer the nurse education	135037
assistance program. Up to $50,000 in each fiscal year may be used	135038
for operating expenses associated with the program. Any additional	135039
funds needed for the administration of the program are subject to	135040
Controlling Board approval.	135041

Section 363.510. TELECOMMUNITY AND DISTANCE LEARNING

135042

Of the foregoing appropriation item 235674, Telecommunity and	135043
Distance Learning, up to $25,000 in each fiscal year shall be	135044
distributed by the Chancellor of the Board of Regents on a grant	135045
basis to eligible school districts to establish "distance	135046
learning" through interactive video technologies in the school	135047
district. Per agreements with eight Ohio local telephone	135048
companies, ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe	135049
Telephone Company, Cincinnati Bell Telephone Company, Orwell	135050
Telephone Company, Sprint North Central Telephone, VERIZON, and	135051
Western Reserve Telephone Company, school districts are eligible	135052
for funds if they are within one of the listed telephone company	135053
service areas. Funds to administer the program shall be expended	135054
by the Chancellor of the Board of Regents up to the amount	135055
specified in the agreements with the listed telephone companies.	135056

Within thirty days after the effective date of this section,	135057
the Director of Budget and Management shall transfer to Fund 4X10	135058
in the State Special Revenue Fund Group any investment earnings	135059
from moneys paid by any telephone company as part of any	135060
settlement agreement between the listed companies and the Public	135061
Utilities Commission in fiscal years 1996 and beyond.	135062

Of the foregoing appropriation item 235674, Telecommunity and	135063
Distance Learning, up to $24,150 in each fiscal year shall be	135064
distributed by the Chancellor of the Board of Regents on a grant	135065
basis to eligible school districts to establish "distance	135066
learning" in the school district. Per an agreement with Ameritech,	135067
school districts are eligible for funds if they are within an	135068
Ameritech service area. Funds to administer the program shall be	135069
expended by the Chancellor of the Board of Regents up to the	135070
amount specified in the agreement with Ameritech.	135071

Within thirty days after the effective date of this section,	135072
the Director of Budget and Management shall transfer to Fund 4X10	135073
in the State Special Revenue Fund Group any investment earnings	135074
from moneys paid by any telephone company as part of a settlement	135075
agreement between the company and the Public Utilities Commission	135076
in fiscal year 1995.	135077

Section 363.520. VETERANS PREFERENCES

135078

The Chancellor of the Board of Regents shall work with the	135079
Department of Veterans Services to develop specific veterans	135080
preference guidelines for higher education institutions. These	135081
guidelines shall ensure that the institutions' hiring practices	135082
are in accordance with the intent of Ohio's veterans preference	135083
laws.	135084

Section 363.530. STATE NEED-BASED FINANCIAL AID	135085
RECONCILIATION	135086

By the first day of August in each fiscal year, or as soon as	135087
possible thereafter, the Chancellor of the Board of Regents shall	135088
certify to the Director of Budget and Management the amount	135089
necessary to pay any outstanding prior year obligations to higher	135090
education institutions for the state's need-based financial aid	135091
programs. The amounts certified are hereby appropriated to	135092
appropriation item 235618, State Need-based Financial Aid	135093
Reconciliation, from revenues received in the State Need-based	135094
Financial Aid Reconciliation Fund (Fund 5Y50).	135095

Section 363.540. (A) As used in this section:

135096

(1) "Board of trustees" includes the managing authority of a	135097
university branch district.	135098

(2) "State institution of higher education" has the same	135099
meaning as in section 3345.011 of the Revised Code.	135100

(B) The board of trustees of any state institution of higher	135101
education, notwithstanding any rule of the institution to the	135102
contrary, may adopt a policy providing for mandatory furloughs of	135103
employees, including faculty, to achieve spending reductions	135104
necessitated by institutional budget deficits.	135105

Section 363.550. EFFICIENCY ADVISORY COMMITTEE

135106

The Chancellor of the Board of Regents shall establish an	135107
efficiency advisory committee for the purpose of generating	135108
optimal efficiency plans for campuses, identifying shared services	135109
opportunities, and sharing best practices. The efficiency advisory	135110
committee shall also attempt to reduce the cost of textbooks and	135111
other education resource materials. The committee shall meet at	135112
the call of the Chancellor or the Chancellor's designee, but at	135113
least quarterly. Each state institution of higher education shall	135114
designate an employee to serve as its efficiency officer	135115
responsible for the evaluation and improvement of operational	135116
efficiencies on campus. Each efficiency officer shall serve on the	135117
efficiency advisory committee.	135118

By December 31 of each year, the Efficiency Advisory	135119
Committee shall provide a report to the Office of Budget and	135120
Management, the Governor, and the General Assembly compiling the	135121
operational efficiency plans for all institutions of higher	135122
education and benchmarking efficiency gains realized over the	135123
preceding year and progress in implementing the prior year's	135124
efficiency plan. The report shall also be made available to the	135125
public on the Ohio Board of Regents web site.	135126

Section 363.570. (A) FUND ABOLITION

135127

On July 1, 2013, or as soon as possible thereafter, the	135128
Director of Budget and Management shall transfer the cash balance	135129
in the eTech Ohio Telecommunity Education Fund (Fund 4W90) to the	135130
Distance Learning Fund (Fund 4X10). Upon completion of the	135131
transfer, the eTech Ohio Telecommunity Education Fund (Fund	135132
4W90)is hereby abolished.	135133

(B) ETECH OHIO COMMISSION ABOLISHMENT AND APPROPRIATION LINE	135134
ITEM TRANSFER	135135

Effective July 1, 2013, the Director of Budget and Management	135136
shall cancel any existing encumbrances against appropriation item	135137
935411, Technology Integration and Professional Development, and	135138
re-establish them, as determined to be appropriate by the Director	135139
of Budget and Management, against appropriation item 235483,	135140
Technology Integration and Professional Development. The	135141
re-established encumbrance amounts are hereby appropriated. Any	135142
business commenced but not completed under appropriation item	135143
935411, Technology Integration and Professional Development, by	135144
July 1, 2013, shall be completed, as determined to be appropriate	135145
by the Director of Budget and Management, under appropriation item	135146
235483, Technology Integration and Professional Development, in	135147
the same manner and with the same effect as if it were completed	135148
with regard to appropriation item 935411, Technology Integration	135149
and Professional Development.	135150

Effective July 1, 2013, the Director of Budget and Management	135151
shall cancel any existing encumbrances against appropriation item	135152
935608, Media Services, and re-establish them against	135153
appropriation item 235676, Media Services. The re-established	135154
encumbrance amounts are hereby appropriated. Any business	135155
commenced but not completed under appropriation item 935608, Media	135156
Services, by July 1, 2013, shall be completed under appropriation	135157
item 235676, Media Services, in the same manner and with the same	135158
effect as if it were completed with regard to appropriation item	135159
935608, Media Services.	135160

Effective July 1, 2013, the Director of Budget and Management	135161
shall cancel any existing encumbrances against appropriation item	135162
935640, Conference/Special Purposes, and re-establish them against	135163
appropriation item 235675, Conference/Special Purposes. The	135164
re-established encumbrance amounts are hereby appropriated. Any	135165
business commenced but not completed under appropriation item	135166
935640, Conference/Special Purposes, by July 1, 2013, shall be	135167
completed under appropriation item 235675, Conference/Special	135168
Purposes, in the same manner and with the same effect as if it	135169
were completed with regard to appropriation item 935640,	135170
Conference/Special Purposes.	135171

Effective July 1, 2013, the Director of Budget and Management	135172
shall cancel any existing encumbrances against appropriation item	135173
935630, Telecommunity, and cancel any existing encumbrances	135174
against appropriation item 935634, Distance Learning, and	135175
re-establish them against appropriation item 235674, Telecommunity	135176
and Distance Learning. The re-established encumbrance amounts are	135177
hereby appropriated. Any business commenced but not completed	135178
under appropriation items 935630, Telecommunity, and 935634,	135179
Distance Learning, by July 1, 2013, shall be completed under	135180
appropriation item 235674, Telecommunity and Distance Learning, in	135181
the same manner and with the same effect as if it were completed	135182
with regard to appropriation items 935630, Telecommunity, and	135183
935634, Distance Learning.	135184

On July 1, 2013, or as soon as possible thereafter, the	135185
Director of Budget and Management shall cancel any existing	135186
capital appropriations and capital encumbrances of the former	135187
eTech Ohio Commission in the Higher Education Improvement Fund	135188
(Fund 7034), and re-establish them with the Chancellor of the	135189
Board of Regents in the Higher Education Improvement Fund (Fund	135190
7034). The re-established amounts are hereby appropriated.	135191

Effective July 1, 2013, notwithstanding any provision of the	135192
law to the contrary, the Director of Budget and Management may	135193
make budget changes made necessary by the transfer of the former	135194
eTech Ohio Commission to the Chancellor of the Board of Regents,	135195
if any, including administrative organization, program transfers,	135196
the creation of new funds, the transfer of state funds, the	135197
consolidation of funds, and the transfer of capital	135198
appropriations, as authorized by this section. The Director of	135199
Budget and Management may, if necessary, establish prior year	135200
encumbrances or parts of prior year encumbrances of the former	135201
eTech Ohio Commission with the Chancellor of the Board of Regents	135202
in the appropriate fund and appropriation item for the same	135203
purpose and for payment to the same vendor in fiscal year 2014 or	135204
fiscal year 2015. The established encumbrances plus any additional	135205
amounts determined to be necessary for the Chancellor of the Board	135206
of Regents to perform the operations and related management	135207
functions of the former eTech Ohio Commission are hereby	135208
appropriated.	135209

135210

Beginning in fiscal year 2014, the annual eTech Ohio	135211
Conference will be overseen by a Conference Operation Office	135212
comprised of employees of the Chancellor of the Board of Regents	135213
and Department of Education, including former employees of the	135214
eTech Ohio Commission transferred to the Chancellor of the Board	135215
of Regents and the Department of Education. The Office shall be	135216
responsible for conferences that focus on professional development	135217
in the education field, educational technology, distance learning,	135218
and other education topics pertinent to the State of Ohio.	135219

(D) ETECH ABOLISHMENT

135220

On and after July 1, 2013, the eTech Ohio Commission is	135221
hereby abolished and its duties, personnel, assets, and	135222
liabilities are transferred as provided in divisions (F) and (G)	135223
of this section.	135224

(E) TRANSFER OF CAPITAL DUTIES

135225

As of July 1, 2013, the Chancellor of the Board of Regents	135226
shall succeed to and have and perform all fiduciary duties and	135227
responsibilities previously held by the Director of eTech Ohio for	135228
all outstanding capital appropriations designated for use by eTech	135229
Ohio.	135230

Section 363.580. ELECTRONIC TEXTBOOK PILOT PROJECT

135231

(A) The Electronic Textbook Pilot Project is hereby	135232
established to provide grants on a competitive basis to public and	135233
chartered nonpublic schools to purchase electronic textbooks	135234
through the learning clearinghouse established in section 3333.81	135235
to 3333.88. The Electronic Textbook Pilot Project shall be	135236
administered by the Chancellor of the Board of Regents.	135237

(B) The Chancellor shall have the authority to set the grant	135238
criteria and to select grant recipients. In awarding grants under	135239
this section, the Chancellor shall establish the criteria for	135240
determining which applicants will be considered a priority for	135241
receiving grant funds.	135242

(C) Not later than January 31, 2014, the Chancellor shall	135243
issue a request for proposals from eligible schools.	135244

(D) Not later than May 31, 2014, the Chancellor shall award	135245
grants for use during the 2014-2015 school year.	135246

(E) The Chancellor and Superintendent of Public Instruction	135247
jointly shall notify schools of and promote participation in the	135248
pilot project.	135249

(F) Not later than December 31, 2015, the Chancellor shall	135250
submit to the Governor and the General Assembly, in accordance	135251
with section 101.68 of the Revised Code, a formative evaluation of	135252
the implementation and results of the pilot project and	135253
legislative recommendations for any changes in the pilot project.	135254

(G) The number of grants awarded under this section shall not	135255
exceed the number that can be funded with appropriations made by	135256
the General Assembly for this purpose.	135257

Section 365.10. DRC DEPARTMENT OF REHABILITATION AND	135258
CORRECTION	135259

General Revenue Fund	135260

GRF	501321	Institutional Operations	$	883,768,015	$	873,724,802	135261
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	135262
GRF	501405	Halfway House	$	45,049,356	$	46,024,108	135263
GRF	501406	Lease Rental Payments	$	104,099,500	$	99,534,800	135264
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	135265
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	135266
GRF	501501	Community Residential Programs - CBCF	$	63,345,972	$	66,150,781	135267
GRF	503321	Parole and Community Operations	$	64,480,938	$	65,029,680	135268
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	135269
GRF	505321	Institution Medical Services	$	243,289,774	$	254,139,452	135270
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	135271
TOTAL GRF General Revenue Fund			$	1,496,839,928	$	1,497,794,707	135272

General Services Fund Group	135273

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	135274
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	135275
4830	501605	Property Receipts	$	582,086	$	582,086	135276
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	135277
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	135278
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	135279
4S50	501608	Education Services	$	4,114,782	$	4,114,782	135280
5710	501606	Training Academy Receipts	$	125,000	$	125,000	135281
5930	501618	Laboratory Services	$	3,750,000	$	0	135282
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	135283
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	135284
5L60	501611	Information Technology Services	$	250,000	$	250,000	135285
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	135286

Federal Special Revenue Fund Group	135287

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	135288
TOTAL FED Federal Special Revenue							135289
Fund Group			$	7,132,943	$	7,132,943	135290

TOTAL ALL BUDGET FUND GROUPS

1,581,403,588

1,577,868,556

135291

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	135292
SENTENCING REFORMS	135293

For the purposes of implementing criminal sentencing reforms,	135294
and notwithstanding any other provision of law to the contrary,	135295
the Director of Budget and Management, at the request of the	135296
Director of Rehabilitation and Correction, may transfer up to	135297
$14,000,000 in appropriations, in each of fiscal years 2014 and	135298
2015, from appropriation item 501321, Institutional Operations, to	135299
any combination of appropriation items 501405, Halfway House;	135300
501407, Community Residential Programs; 501408, Community	135301
Misdemeanor Programs; and 501501, Community Residential Programs -	135302
CBCF.	135303

LEASE RENTAL PAYMENTS

135304

The foregoing appropriation item 501406, Lease Rental	135305
Payments, shall be used to meet all payments at the times they are	135306
required to be made during the period from July 1, 2013, through	135307
June 30, 2015, by the Department of Rehabilitation and Correction	135308
under the primary leases and agreements for those buildings made	135309
under Chapters 152. and 154. of the Revised Code. These	135310
appropriations are the source of funds pledged for bond service	135311
charges on related obligations issued under Chapters 152. and 154.	135312
of the Revised Code.	135313

OSU MEDICAL CHARGES

135314

Notwithstanding section 341.192 of the Revised Code, at the	135315
request of the Department of Rehabilitation and Correction, The	135316
Ohio State University Medical Center, including the Arthur G.	135317
James Cancer Hospital and Richard J. Solove Research Institute and	135318
the Richard M. Ross Heart Hospital, shall provide necessary care	135319
to persons who are confined in state adult correctional	135320
facilities. The provision of necessary care shall be billed to the	135321
Department at a rate not to exceed the authorized reimbursement	135322
rate for the same service established by the Department of	135323
Medicaid under the Medicaid Program.	135324

CORRECTIVE CASH TRANSFER

135325

At the request of the Director of Rehabilitation and	135326
Correction, the Director of Budget and Management may transfer an	135327
amount not to exceed $2,391 in cash that was mistakenly deposited	135328
in the Federal Grants Fund (Fund 3230) to the General Revenue	135329
Fund.	135330

Section 369.10. RCB RESPIRATORY CARE BOARD

135331

General Services Fund Group	135332

4K90	872609	Operating Expenses	$	547,576	$	542,246	135333
TOTAL GSF General Services							135334
Fund Group			$	547,576	$	542,246	135335
TOTAL ALL BUDGET FUND GROUPS			$	547,576	$	542,246	135336

Section 371.10. RDF REVENUE DISTRIBUTION FUNDS

135338

Special State Revenue Fund Group	135339

5JG0	110633		Gross Casino Revenue County Fund		$	158,005,325		$	168,977,942		135340
TOTAL SSR State Special Revenue Fund Group					$	158,005,325		$	168,977,942		135341

Volunteer Firefighters' Dependents Fund	135342

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	135343
TOTAL 085 Volunteer Firefighters'							135344
Dependents Fund			$	300,000	$	300,000	135345

Agency Fund Group	135346

4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	135347
5JH0	110634	Gross Casino Revenue County Student Fund	$	105,336,883	$	112,651,961	135348
5JJ0	110636	Gross Casino Revenue Host City Fund	$	15,490,718	$	16,566,465	135349
6080	001699	Investment Earnings	$	30,000,000	$	30,000,000	135350
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	135351
7063	110963	Permissive Tax Distribution	$	2,066,331,400	$	2,151,135,100	135352
7067	110967	School District Income Tax	$	346,669,300	$	365,277,800	135353
7099	762902	Permissive Tax Distribution - Auto Registration	$	184,000,000	$	184,000,000	135354
TOTAL AGY Agency Fund Group			$	2,751,928,301	$	2,863,731,326	135355

Holding Account Redistribution	135356

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	135357
TOTAL 090 Holding Account Redistribution Fund			$	40,000,000	$	40,000,000	135358
Revenue Distribution Fund Group							135359
7049	335900	Indigent Drivers Alcohol Treatment	$	2,250,000	$	2,250,000	135360
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	135361
7051	762901	Auto Registration Distribution	$	360,000,000	$	360,000,000	135362
7054	110954	Local Government Property Tax Replacement - Utility	$	5,649,000	$	5,649,000	135363
7060	110960	Gasoline Excise Tax Fund	$	395,000,000	$	395,000,000	135364
7065	110965	Public Library Fund	$	359,300,000	$	369,000,000	135365
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	135366
7068	110968	State and Local Government Highway Distribution	$	196,000,000	$	196,000,000	135367
7069	110969	Local Government Fund	$	363,600,000	$	376,400,000	135368
7081	110981	Local Government Property Tax Replacement-Business	$	146,500,000	$	107,900,000	135369
7082	110982	Horse Racing Tax	$	100,000	$	100,000	135370
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	135371
TOTAL RDF Revenue Distribution							135372
Fund Group			$	1,873,899,000	$	1,857,799,000	135373
TOTAL ALL BUDGET FUND GROUPS			$	4,824,132,626	$	4,930,808,268	135374

ADDITIONAL APPROPRIATIONS

135375

Appropriation items in this section shall be used for the	135376
purpose of administering and distributing the designated revenue	135377
distribution funds according to the Revised Code. If it is	135378
determined that additional appropriations are necessary for this	135379
purpose, such amounts are hereby appropriated.	135380

GENERAL REVENUE FUND TRANSFERS

135381

Notwithstanding any provision of law to the contrary, in	135382
fiscal year 2014 and fiscal year 2015, the Director of Budget and	135383
Management may transfer from the General Revenue Fund to the Local	135384
Government Tangible Property Tax Replacement Fund (Fund 7081) in	135385
the Revenue Distribution Fund Group, those amounts necessary to	135386
reimburse local taxing units under section 5751.22 of the Revised	135387
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director	135388
of Budget and Management may make temporary transfers from the	135389
General Revenue Fund to ensure sufficient balances in the Local	135390
Government Tangible Property Tax Replacement Fund (Fund 7081) and	135391
to replenish the General Revenue Fund for such transfers.	135392

Section 373.10. SAN BOARD OF SANITARIAN REGISTRATION

135393

General Services Fund Group	135394

4K90	893609	Operating Expenses	$	137,850	$	129,850	135395
TOTAL GSF General Services							135396
Fund Group			$	137,850	$	129,850	135397
TOTAL ALL BUDGET FUND GROUPS			$	137,850	$	129,850	135398

Section 375.10. OSB OHIO STATE SCHOOL FOR THE BLIND

135400

General Revenue Fund	135401

GRF	226321		Operations		$	7,278,579		$	7,278,579		135402
TOTAL GRF General Revenue Fund					$	7,278,579		$	7,278,579		135403

General Services Fund Group	135404

4H80	226602	Education Reform Grants	$	27,000	$	27,000	135405
TOTAL GSF General Services							135406
Fund Group			$	27,000	$	27,000	135407

Federal Special Revenue Fund Group	135408

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	135409
3DT0	226621	Ohio Transition Collaborative	$	650,000	$	650,000	135410
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	135411
TOTAL FED Federal Special							135412
Revenue Fund Group			$	3,227,104	$	3,227,104	135413

State Special Revenue Fund Group	135414

4M50	226601	Work Study and Technology Investment	$	461,521	$	461,521	135415
TOTAL SSR State Special Revenue							135416
Fund Group			$	461,521	$	461,521	135417
TOTAL ALL BUDGET FUND GROUPS			$	10,994,204	$	10,994,204	135418

Section 377.10. OSD OHIO SCHOOL FOR THE DEAF

135420

General Revenue Fund	135421

GRF	221321		Operations		$	8,727,657		$	8,727,657		135422
TOTAL GRF General Revenue Fund					$	8,727,657		$	8,727,657		135423

General Services Fund Group	135424

4M10	221602	Education Reform Grants	$	35,000	$	35,000	135425
TOTAL GSF General Services							135426
Fund Group			$	35,000	$	35,000	135427

Federal Special Revenue Fund Group	135428

3110	221625	Coordinating Unit	$	2,153,245	$	2,153,245	135429
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	135430
TOTAL FED Federal Special							135431
Revenue Fund Group			$	2,188,245	$	2,188,245	135432

State Special Revenue Fund Group	135433

4M00	221601	Educational Program Expenses	$	95,000	$	95,000	135434
5H60	221609	Even Start Fees and Gifts	$	35,000	$	35,000	135435
TOTAL SSR State Special Revenue							135436
Fund Group			$	130,000	$	130,000	135437
TOTAL ALL BUDGET FUND GROUPS			$	11,080,902	$	11,080,902	135438

Section 381.10. SOS SECRETARY OF STATE

135440

General Revenue Fund	135441

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	135442
GRF	050407	Pollworkers Training	$	234,196	$	234,196	135443
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	135444

General Services Fund Group	135445

4120	050609	Notary Commission	$	475,000	$	475,000	135446
4130	050601	Information Systems	$	49,000	$	49,000	135447
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	135448
5FG0	050620	BOE Reimbursement and Education	$	80,000	$	80,000	135449
TOTAL General Services Fund Group			$	611,200	$	611,200	135450

Federal Special Revenue Fund Group	135451

3AH0	050614	Election Reform/Health and Human Services	$	300,000	$	300,000	135452
3AS0	050616	Help America Vote Act (HAVA)	$	1,710,000	$	1,710,000	135453
TOTAL FED Federal Special Revenue							135454
Fund Group			$	2,010,000	$	2,010,000	135455

State Special Revenue Fund Group	135456

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	135457
TOTAL SSR State Special Revenue							135458
Fund Group			$	14,385,400	$	14,385,400	135459

Holding Account Redistribution Fund Group	135460

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	135461
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	135462
TOTAL 090 Holding Account							135463
Redistribution Fund Group			$	115,000	$	115,000	135464
TOTAL ALL BUDGET FUND GROUPS			$	19,499,826	$	19,499,826	135465

POLLWORKER TRAINING

135466

The foregoing appropriation item 050407, Pollworkers	135467
Training, shall be used to reimburse county boards of elections	135468
for pollworker training pursuant to section 3501.27 of the Revised	135469
Code. At the end of fiscal year 2014, an amount equal to the	135470
unexpended, unencumbered portion of appropriation item 050407,	135471
Pollworkers Training, is hereby reappropriated in fiscal year 2015	135472
for the same purpose.	135473

BOARD OF VOTING MACHINE EXAMINERS

135474

The foregoing appropriation item 050610, Board of Voting	135475
Machine Examiners, shall be used to pay for the services and	135476
expenses of the members of the Board of Voting Machine Examiners,	135477
and for other expenses that are authorized to be paid from the	135478
Board of Voting Machine Examiners Fund, which is created in	135479
section 3506.05 of the Revised Code. Moneys not used shall be	135480
returned to the person or entity submitting equipment for	135481
examination. If it is determined that additional appropriations	135482
are necessary, such amounts are hereby appropriated.	135483

HAVA FUNDS

135484

An amount equal to the unexpended, unencumbered portion of	135485
appropriation item 050614, Election Reform/Health and Human	135486
Services, at the end of fiscal year 2014 is reappropriated for the	135487
same purpose in fiscal year 2015.	135488

An amount equal to the unexpended, unencumbered portion of	135489
appropriation item 050616, Help America Vote Act (HAVA), at the	135490
end of fiscal year 2014 is reappropriated for the same purpose in	135491
fiscal year 2015.	135492

The Director of Budget and Management shall credit the	135493
ongoing interest earnings from the Election Reform/Health and	135494
Human Services Fund (Fund 3AH0) and the Help America Vote Act	135495
(HAVA) (Fund 3AS0) to the respective funds and distribute these	135496
earnings in accordance with the terms of the grant under which the	135497
money is received.	135498

MISCELLANEOUS FEDERAL GRANTS

135499

On July 1, 2013, or as soon as possible thereafter, the	135500
Director of Budget and Management shall transfer from the General	135501
Revenue Fund (GRF) all investment earnings and amounts equal to	135502
the interest earnings that were attributable to the Miscellaneous	135503
Federal Grants Fund (Fund 3FM0) in each quarter of fiscal year	135504
2013. The Director of Budget and Management shall credit the	135505
ongoing interest earnings from Fund 3FM0 to that fund and	135506
distribute these earnings in accordance with the terms of the	135507
grant under which the money was received.	135508

HOLDING ACCOUNT REDISTRIBUTION GROUP

135509

The foregoing appropriation items 050605, Uniform Commercial	135510
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	135511
be used to hold revenues until they are directed to the	135512
appropriate accounts or until they are refunded. If it is	135513
determined that additional appropriations are necessary, such	135514
amounts are hereby appropriated.	135515

Section 383.10. SEN THE OHIO SENATE

135516

General Revenue Fund	135517

GRF	020321		Operating Expenses		$	11,947,822		$	11,947,822		135518
TOTAL GRF General Revenue Fund					$	11,947,822		$	11,947,822		135519

General Services Fund Group	135520

1020	020602	Senate Reimbursement	$	852,001	$	852,001	135521
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	135522
TOTAL GSF General Services							135523
Fund Group			$	886,498	$	886,498	135524
TOTAL ALL BUDGET FUND GROUPS			$	12,834,320	$	12,834,320	135525

OPERATING EXPENSES

135526

On July 1, 2013, or as soon as possible thereafter, the Clerk	135527
of the Senate may certify to the Director of Budget and Management	135528
the amount of the unexpended, unencumbered balance of the	135529
foregoing appropriation item 020321, Operating Expenses, at the	135530
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	135531
The amount certified is hereby reappropriated to the same	135532
appropriation item for fiscal year 2014.	135533

On July 1, 2014, or as soon as possible thereafter, the Clerk	135534
of the Senate may certify to the Director of Budget and Management	135535
the amount of the unexpended, unencumbered balance of the	135536
foregoing appropriation item 020321, Operating Expenses, at the	135537
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	135538
The amount certified is hereby reappropriated to the same	135539
appropriation item for fiscal year 2015.	135540

Section 385.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

135541

General Revenue Fund	135542

GRF	866321		CSV Operations		$	286,661		$	294,072		135543
TOTAL GRF General Revenue Fund					$	286,661		$	294,072		135544

General Services Fund	135545

5GN0	866605		Serve Ohio Support		$	30,000		$	30,000		135546
TOTAL GSF General Services Fund					$	30,000		$	30,000		135547

Federal Special Revenue Fund Group	135548

3R70	866617	AmeriCorps Programs	$	7,447,000	$	7,447,000	135549
TOTAL FED Federal Special Revenue							135550
Fund Group			$	7,447,000	$	7,447,000	135551
TOTAL ALL BUDGET FUND GROUPS			$	7,763,661	$	7,771,072	135552

Section 387.10. CSF COMMISSIONERS OF THE SINKING FUND

135554

Debt Service Fund Group	135555

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	66,511,600	$	83,783,000	135556
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	132,647,900	$	127,171,800	135557
7073	155903	Natural Resources Bond Retirement Fund	$	24,325,400	$	25,443,000	135558
7074	155904	Conservation Projects Bond Retirement Fund	$	33,376,600	$	34,447,700	135559
7076	155906	Coal Research and Development Bond Retirement Fund	$	2,858,900	$	4,327,200	135560
7077	155907	State Capital Improvement Bond Retirement Fund	$	227,810,300	$	228,948,900	135561
7078	155908	Common Schools Bond Retirement Fund	$	351,806,100	$	377,364,700	135562
7079	155909	Higher Education Bond Retirement Fund	$	221,168,700	$	248,822,000	135563
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	7,542,600	$	9,914,800	135564
7090	155912	Job Ready Site Development Bond Retirement Fund	$	15,498,400	$	19,124,500	135565
TOTAL DSF Debt Service Fund Group			$	1,083,546,500	$	1,159,347,600	135566
TOTAL ALL BUDGET FUND GROUPS			$	1,083,546,500	$	1,159,347,600	135567

ADDITIONAL APPROPRIATIONS

135568

Appropriation items in this section are for the purpose of	135569
paying debt service and financing costs on bonds or notes of the	135570
state issued under the Ohio Constitution and acts of the General	135571
Assembly. If it is determined that additional amounts are	135572
necessary for this purpose, such amounts are hereby appropriated.	135573

Section 389.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	135574
DEVELOPMENT FOUNDATION	135575

Tobacco Master Settlement Agreement Fund Group	135576

5M90	945601	Operating Expenses	$	426,800	$	426,800	135577
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	426,800	$	426,800	135578
TOTAL ALL BUDGET FUND GROUPS			$	426,800	$	426,800	135579

Section 391.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	135581
AUDIOLOGY	135582

General Services Fund Group	135583

4K90	886609	Operating Expenses	$	472,260	$	508,660	135584
TOTAL GSF General Services							135585
Fund Group			$	472,260	$	508,660	135586
TOTAL ALL BUDGET FUND GROUPS			$	427,260	$	508,660	135587

Section 393.10. BTA BOARD OF TAX APPEALS

135589

General Revenue Fund	135590

GRF	116321	Operating Expenses	$	1,700,000	$	1,700,000	135591
TOTAL GRF General Revenue Fund			$	1,700,000	$	1,700,000	135592
TOTAL ALL BUDGET FUND GROUPS			$	1,700,000	$	1,700,000	135593

Section 395.10. TAX DEPARTMENT OF TAXATION

135595

General Revenue Fund	135596

GRF	110321	Operating Expenses	$	71,068,330	$	67,968,332	135597
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	135598
GRF	110901	Property Tax Allocation - Taxation	$	666,640,000	$	693,305,600	135599
TOTAL GRF General Revenue Fund			$	737,886,530	$	761,452,132	135600

General Services Fund Group	135601

2280	110628	Revenue Enhancement	$	15,500,000	$	17,500,000	135602
4330	110602	Tape File Account	$	175,000	$	175,000	135603
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	135604
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	135605
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	135606
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	135607
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	135608
5V80	110623	Property Tax Administration	$	11,978,310	$	11,978,310	135609
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	135610
TOTAL GSF General Services							135611
Fund Group			$	33,492,810	$	33,492,810	135612

State Special Revenue Fund Group	135613

4350	110607	Local Tax Administration	$	20,000,000	$	20,700,000	135614
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	135615
4370	110606	Income Tax Contribution	$	38,800	$	38,800	135616
4380	110609	School District Income Tax	$	5,802,044	$	5,802,044	135617
4C60	110616	International Registration Plan	$	682,415	$	682,415	135618
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	135619
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	135620
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	135621
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	135622
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	135623
TOTAL SSR State Special Revenue							135624
Fund Group			$	36,287,450	$	36,987,450	135625

Agency Fund Group	135626

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	135627
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	135628
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	135629

Holding Account Redistribution Fund Group	135630

R010	110611	Tax Distributions	$	50,000	$	50,000	135631
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	135632
TOTAL 090 Holding Account							135633
Redistribution Fund Group			$	100,000	$	100,000	135634
TOTAL ALL BUDGET FUND GROUPS			$	2,375,566,790	$	2,399,832,392	135635

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

135636

The foregoing appropriation item 110901, Property Tax	135637
Allocation - Taxation, is hereby appropriated to pay for the	135638
state's costs incurred due to the Homestead Exemption, the	135639
Manufactured Home Property Tax Rollback, and the Property Tax	135640
Rollback. The Tax Commissioner shall distribute these funds	135641
directly to the appropriate local taxing districts, except for	135642
school districts, notwithstanding the provisions in sections	135643
321.24 and 323.156 of the Revised Code, which provide for payment	135644
of the Homestead Exemption, the Manufactured Home Property Tax	135645
Rollback, and Property Tax Rollback by the Tax Commissioner to the	135646
appropriate county treasurer and the subsequent redistribution of	135647
these funds to the appropriate local taxing districts by the	135648
county auditor.	135649

Upon receipt of these amounts, each local taxing district	135650
shall distribute the amount among the proper funds as if it had	135651
been paid as real property taxes. Payments for the costs of	135652
administration shall continue to be paid to the county treasurer	135653
and county auditor as provided for in sections 319.54, 321.26, and	135654
323.156 of the Revised Code.	135655

Any sums, in addition to the amounts specifically	135656
appropriated in appropriation item 110901, Property Tax Allocation	135657
- Taxation, for the Homestead Exemption, the Manufactured Home	135658
Property Tax Rollback, and the Property Tax Rollback payments,	135659
which are determined to be necessary for these purposes, are	135660
hereby appropriated.	135661

MUNICIPAL INCOME TAX

135662

The foregoing appropriation item 110995, Municipal Income	135663
Tax, shall be used to make payments to municipal corporations	135664
under section 5745.05 of the Revised Code. If it is determined	135665
that additional appropriations are necessary to make such	135666
payments, such amounts are hereby appropriated.	135667

TAX REFUNDS

135668

The foregoing appropriation item 110635, Tax Refunds, shall	135669
be used to pay refunds under section 5703.052 of the Revised Code.	135670
If it is determined that additional appropriations are necessary	135671
for this purpose, such amounts are hereby appropriated.	135672

INTERNATIONAL REGISTRATION PLAN AUDIT

135673

The foregoing appropriation item 110616, International	135674
Registration Plan, shall be used under section 5703.12 of the	135675
Revised Code for audits of persons with vehicles registered under	135676
the International Registration Plan.	135677

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

135678

Of the foregoing appropriation item 110607, Local Tax	135679
Administration, the Tax Commissioner may disburse funds, if	135680
available, for the purposes of paying travel expenses incurred by	135681
members of Ohio's delegation to the Streamlined Sales Tax Project,	135682
as appointed under section 5740.02 of the Revised Code. Any travel	135683
expense reimbursement paid for by the Department of Taxation shall	135684
be done in accordance with applicable state laws and guidelines.	135685

TOBACCO SETTLEMENT ENFORCEMENT

135686

The foregoing appropriation item 110404, Tobacco Settlement	135687
Enforcement, shall be used by the Tax Commissioner to pay costs	135688
incurred in the enforcement of divisions (F) and (G) of section	135689
5743.03 of the Revised Code.	135690

STARS DEVELOPMENT AND IMPLEMENTATION FUND

135691

The foregoing appropriation item 110638, STARS Development	135692
and Implementation Fund, shall be used to pay costs incurred in	135693
the development and implementation of the department's State Tax	135694
Accounting and Revenue System. The Director of Budget and	135695
Management, under a plan submitted by the Tax Commissioner, or as	135696
otherwise determined by the Director of Budget and Management,	135697
shall set a schedule to transfer cash from the Tax Reform System	135698
Implementation Fund, Local Tax Administration Fund, School	135699
District Income Tax Fund, Discovery Project Fund, and the Motor	135700
Fuel Tax Administration Fund to the credit of the STARS	135701
Development and Implementation Fund (Fund 5MN0). The transfers of	135702
cash shall not exceed $8,000,000 in the biennium.	135703

Section 397.10. DOT DEPARTMENT OF TRANSPORTATION

135704

General Revenue Fund	135705

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	135706
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	135707
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	135708
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	135709
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	135710

Section 399.10. TOS TREASURER OF STATE

135712

General Revenue Fund	135713

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	135714
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	135715
GRF	090402	Continuing Education	$	377,702	$	377,702	135716
GRF	090524	Police and Fire Disability Pension Fund	$	6,000	$	6,000	135717
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	70,000	$	70,000	135718
GRF	090554	Police and Fire Survivor Benefits	$	507,000	$	507,000	135719
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	135720
TOTAL GRF General Revenue Fund			$	29,206,559	$	29,206,559	135721

General Services Fund Group	135722

4E90	090603	Securities Lending Income	$	3,765,000	$	3,765,000	135723
5770	090605	Investment Pool Reimbursement	$	850,000	$	850,000	135724
5C50	090602	County Treasurer Education	$	170,057	$	170,057	135725
6050	090609	Treasurer of State Administrative Fund	$	835,000	$	835,000	135726
TOTAL GSF General Services							135727
Fund Group			$	5,620,057	$	5,620,057	135728

Agency Fund Group	135729

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	135730
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	135731
TOTAL ALL BUDGET FUND GROUPS			$	40,826,616	$	40,826,616	135732

Section 399.20. OFFICE OF THE SINKING FUND

135734

The foregoing appropriation item 090401, Office of the	135735
Sinking Fund, shall be used for costs incurred by or on behalf of	135736
the Commissioners of the Sinking Fund and the Ohio Public	135737
Facilities Commission with respect to State of Ohio general	135738
obligation bonds or notes, and the Treasurer of State with respect	135739
to State of Ohio general obligation and special obligation bonds	135740
or notes, including, but not limited to, printing, advertising,	135741
delivery, rating fees and the procurement of ratings, professional	135742
publications, membership in professional organizations, and other	135743
services referred to in division (D) of section 151.01 of the	135744
Revised Code. The General Revenue Fund shall be reimbursed for	135745
such costs relating to the issuance and administration of Highway	135746
Capital Improvement bonds or notes authorized under Ohio	135747
Constitution, Article VIII, Section 2m and Chapter 151. of the	135748
Revised Code. That reimbursement shall be made from appropriation	135749
item 155902, Highway Capital Improvement Bond Retirement Fund, by	135750
intrastate transfer voucher pursuant to a certification by the	135751
Office of the Sinking Fund of the actual amounts used. The amounts	135752
necessary to make such a reimbursement are hereby appropriated	135753
from the Highway Capital Improvement Bond Retirement Fund created	135754
in section 151.06 of the Revised Code.	135755

POLICE AND FIRE DEATH BENEFIT FUND

135756

The foregoing appropriation item 090575, Police and Fire	135757
Death Benefits, shall be disbursed quarterly by the Treasurer of	135758
State at the beginning of each quarter of each fiscal year to the	135759
Board of Trustees of the Ohio Police and Fire Pension Fund. The	135760
Treasurer of State shall certify such amounts quarterly to the	135761
Director of Budget and Management. By the twentieth day of June of	135762
each fiscal year, the Board of Trustees of the Ohio Police and	135763
Fire Pension Fund shall certify to the Treasurer of State the	135764
amount disbursed in the current fiscal year to make the payments	135765
required by section 742.63 of the Revised Code and shall return to	135766
the Treasurer of State moneys received from this appropriation	135767
item but not disbursed.	135768

TAX REFUNDS

135769

The foregoing appropriation item 090635, Tax Refunds, shall	135770
be used to pay refunds under section 5703.052 of the Revised Code.	135771
If the Director of Budget and Management determines that	135772
additional amounts are necessary for this purpose, such amounts	135773
are hereby appropriated.	135774

Section 401.10. VTO VETERANS' ORGANIZATIONS

135775

General Revenue Fund	135776

VAP AMERICAN EX-PRISONERS OF WAR	135777

GRF

743501

State Support

28,910

135778

VAN ARMY AND NAVY UNION, USA, INC.	135779

GRF

746501

State Support

63,539

135780

VKW KOREAN WAR VETERANS	135781

GRF

747501

State Support

57,118

135782

VJW JEWISH WAR VETERANS	135783

GRF

748501

State Support

34,321

135784

VCW CATHOLIC WAR VETERANS	135785

GRF

749501

State Support

66,978

135786

VPH MILITARY ORDER OF THE PURPLE HEART	135787

GRF

750501

State Support

65,116

135788

VVV VIETNAM VETERANS OF AMERICA	135789

GRF

751501

State Support

214,776

135790

VAL AMERICAN LEGION OF OHIO	135791

GRF

752501

State Support

349,189

135792

VII AMVETS	135793

GRF

753501

State Support

332,547

135794

VAV DISABLED AMERICAN VETERANS	135795

GRF

754501

State Support

249,836

135796

VMC MARINE CORPS LEAGUE	135797

GRF

756501

State Support

133,947

135798

V37 37TH DIVISION VETERANS' ASSOCIATION	135799

GRF

757501

State Support

6,868

135800

VFW VETERANS OF FOREIGN WARS	135801

GRF

758501

State Support

284,841

135802

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		135803
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		135804

RELEASE OF FUNDS

135805

The Director of Budget and Management may release the	135806
foregoing appropriation items 743501, 746501, 747501, 748501,	135807
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	135808
and 758501, State Support.	135809

Section 403.10. DVS DEPARTMENT OF VETERANS SERVICES

135810

General Revenue Fund	135811

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	135812
GRF	900402	Hall of Fame	$	107,075	$	107,075	135813
GRF	900408	Department of Veterans Services	$	2,001,823	$	2,001,823	135814
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	135815
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	135816

General Services Fund Group	135817

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		135818
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		135819

Federal Special Revenue Fund Group	135820

3680	900614	Veterans Training	$	684,017	$	697,682	135821
3740	900606	Troops to Teachers	$	111,822	$	111,879	135822
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	135823
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	135824
TOTAL FED Federal Special Revenue							135825
Fund Group			$	27,933,629	$	28,693,984	135826

State Special Revenue Fund Group	135827

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	135828
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	135829
TOTAL SSR State Special Revenue							135830
Fund Group			$	11,018,315	$	11,296,794	135831

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	135832

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	135833
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	135834
TOTAL 041 Persian Gulf,							135835
Afghanistan, and Iraq							135836
Compensation Fund Group			$	15,238,703	$	10,029,709	135837
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	135838

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	135839
OBLIGATION DEBT SERVICE	135840

The foregoing appropriation item 900901, Persian Gulf,	135841
Afghanistan and Iraq Compensation Debt Service, shall be used to	135842
pay all debt service and related financing costs during the period	135843
from July 1, 2013, through June 30, 2015, on obligations issued	135844
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	135845
purposes under sections 151.01 and 151.12 of the Revised Code.	135846

Section 405.10. DVM STATE VETERINARY MEDICAL BOARD

135847

General Services Fund Group	135848

4K90	888609	Operating Expenses	$	337,432	$	331,695	135849
5BU0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	135850
TOTAL GSF General Services							135851
Fund Group			$	367,432	$	361,695	135852
TOTAL ALL BUDGET FUND GROUPS			$	367,432	$	361,695	135853

Section 407.10. DYS DEPARTMENT OF YOUTH SERVICES

135855

General Revenue Fund	135856

GRF	470401	RECLAIM Ohio	$	166,862,228	$	166,862,228	135857
GRF	470412	Lease Rental Payments	$	26,044,800	$	27,819,700	135858
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	135859
GRF	472321	Parole Operations	$	10,583,118	$	10,583,118	135860
GRF	477321	Administrative Operations	$	11,355,389	$	11,355,389	135861
TOTAL GRF General Revenue Fund			$	231,548,263	$	233,323,163	135862

General Services Fund Group	135863

1750	470613	Education Reimbursement	$	3,950,000	$	3,600,000	135864
4790	470609	Employee Food Service	$	125,000	$	125,000	135865
4A20	470602	Child Support	$	250,000	$	250,000	135866
4G60	470605	General Operational Funds	$	115,000	$	115,000	135867
5BN0	470629	E-Rate Program	$	525,000	$	525,000	135868
TOTAL GSF General Services							135869
Fund Group			$	4,965,000	$	4,615,000	135870

Federal Special Revenue Fund Group	135871

3210	470601	Education	$	1,480,740	$	1,203,272	135872
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	135873
3210	470606	Nutrition	$	1,033,947	$	1,033,947	135874
3210	470614	Title IV-E Reimbursements	$	5,755,620	$	3,714,548	135875
3CP0	470638	Federal Juvenile Programs FFY 09	$	20,000	$	5,000	135876
3CR0	470639	Federal Juvenile Programs FFY 10	$	479,900	$	126,000	135877
3FB0	470641	Federal Juvenile Programs FFY 11	$	500,000	$	105,000	135878
3FC0	470642	Federal Juvenile Programs FFY 12	$	600,000	$	50,000	135879
3GB0	470643	Federal Juvenile Programs FFY 13	$	135,000	$	600,000	135880
3GC0	470644	Federal Juvenile Programs FFY 14	$	0	$	135,000	135881
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,300,000	$	1,000,000	135882
TOTAL FED Federal Special Revenue							135883
Fund Group			$	11,605,207	$	8,272,767	135884

State Special Revenue Fund Group	135885

1470	470612	Vocational Education	$	1,795,000	$	1,795,000	135886
TOTAL SSR State Special Revenue							135887
Fund Group			$	1,795,000	$	1,795,000	135888
TOTAL ALL BUDGET FUND GROUPS			$	249,913,470	$	248,005,930	135889

COMMUNITY PROGRAMS

135890

For purposes of improving community programs, and	135891
notwithstanding any provision of law to the contrary, of the	135892
foregoing appropriation item 470401, RECLAIM Ohio, the Department	135893
of Youth Services shall use $8,813,811 in each fiscal year to	135894
expand Targeted RECLAIM, the Behavioral Health Juvenile Justice	135895
Initiative, and other evidence-based community programs.	135896

For purposes of implementing juvenile sentencing reforms, and	135897
notwithstanding any provision of law to the contrary, the	135898
Department of Youth Services may use up to forty-five per cent of	135899
the unexpended, unencumbered balance of the portion of	135900
appropriation item 470401, RECLAIM Ohio, that is allocated to	135901
juvenile correctional facilities in each fiscal year to expand	135902
Targeted RECLAIM, the Behavioral Health Juvenile Justice	135903
Initiative, and other evidence-based community programs.	135904

LEASE RENTAL PAYMENTS

135905

The foregoing appropriation item 470412, Lease Rental	135906
Payments, shall be used to meet all payments at the times they are	135907
required to be made for the period from July 1, 2013, through June	135908
30, 2015, by the Department of Youth Services under the leases and	135909
agreements for facilities made under Chapters 152. and 154. of the	135910
Revised Code. This appropriation is the source of funds pledged	135911
for bond service charges on related obligations issued under	135912
Chapters 152. and 154. of the Revised Code.	135913

EDUCATION REIMBURSEMENT

135914

The foregoing appropriation item 470613, Education	135915
Reimbursement, shall be used to fund the operating expenses of	135916
providing educational services to youth supervised by the	135917
Department of Youth Services. Operating expenses include, but are	135918
not limited to, teachers' salaries, maintenance costs, and	135919
educational equipment. This appropriation item may be used for	135920
capital expenses related to the education program.	135921

EMPLOYEE FOOD SERVICE AND EQUIPMENT

135922

Notwithstanding section 125.14 of the Revised Code, the	135923
foregoing appropriation item 470609, Employee Food Service, may be	135924
used to purchase any food operational items with funds received	135925
into the fund from reimbursements for state surplus property.	135926

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

135927

In collaboration with the county family and children first	135928
council, the juvenile court of that county that receives	135929
allocations from one or both of the foregoing appropriation items	135930
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	135931
portions of those allocations to a flexible funding pool as	135932
authorized by the section of Am. Sub. H.B. 153 of the 129th	135933
General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	135934
FUNDING POOL."	135935

Section 501.10. SCREENING TOOL FOR HIGH-RISK YOUTH TEAM	135936
EVALUATION	135937

The Office of Health Transformation shall convene a team	135938
comprised of the Department of Youth Services, the Department of	135939
Medicaid, the Department of Job and Family Services, the	135940
Department of Health, and the Department of Mental Health and	135941
Addiction Services. The team shall evaluate the feasibility of	135942
implementing a trauma screening tool for high-risk youth and	135943
create a report with the following information: (A) the	135944
recommended trauma screening tool to be used to evaluate high-risk	135945
youth; (B) training in the administration of the recommended tool;	135946
(C) screening protocols; (D) the persons to whom the recommended	135947
tool should apply; and (E) the implications for treatment. The	135948
report shall be completed by December 1, 2013, and shall be	135949
distributed to the Governor. The Department of Youth Services may	135950
receive funds for piloting the recommended tool in detention	135951
centers.	135952

Section 501.20. All items set forth in this section are	135953
hereby appropriated for the biennium ending on June 30, 2015, out	135954
of any moneys in the state treasury to the credit of the	135955
Administrative Building Fund (Fund 7026) that are not otherwise	135956
appropriated.	135957

Appropriations

TOS TREASURER OF STATE	135958

C09001	Treasury Management System	$	10,000,000	135959
TOTAL Treasurer of State		$	10,000,000	135960
TOTAL Administrative Building Fund		$	10,000,000	135961

The foregoing appropriation item C09001, Treasury Management	135962
System, shall be used to pay costs incurred in the implementation	135963
of the Treasury Management System pursuant to Chapter 125. of the	135964
Revised Code, including, but not limited to, the application	135965
hardware and software and the installation and implementation	135966
thereof, for the use of the Treasurer of State.	135967

The Treasurer of State may acquire and implement a Treasury	135968
Management System pursuant to Chapter 125. of the Revised Code,	135969
including, but not limited to, the application hardware and	135970
software and the installation and implementation thereof, for the	135971
use of the Treasurer of State. The Treasury Management System is	135972
an integrated treasury technology infrastructure system that will	135973
replace the Treasurer of State's existing separate cash, custody,	135974
investment, and accounting software and administration systems for	135975
the various treasury functions performed by the state. Any	135976
purchase agreement utilized under Chapter 125. of the Revised Code	135977
to finance the Treasury Management System, including any	135978
fractionalized interests therein as defined in division (N) of	135979
section 133.01 of the Revised Code, is limited in amount to not	135980
more than $10,000,000, and shall provide at the point of purchase	135981
that the financed asset becomes the property of the state.	135982

The Treasurer of State is hereby authorized to issue and	135983
sell, in accordance with Section 2i of Article VIII, Ohio	135984
Constitution, and Chapter 154. of the Revised Code, particularly	135985
section 154.22 of the Revised Code, original obligations in an	135986
aggregate principal amount not to exceed $10,000,000, in addition	135987
to the original issuance of obligations heretofore authorized by	135988
prior acts of the General Assembly. These authorized obligations	135989
shall be issued, subject to applicable constitutional and	135990
statutory limitations, to pay costs associated with previously	135991
authorized capital facilities and the capital facilities referred	135992
to in this section of the act.	135993

Section 503.10. PERSONAL SERVICE EXPENSES

135994

Unless otherwise prohibited by law, any appropriation from	135995
which personal service expenses are paid shall bear the employer's	135996
share of public employees' retirement, workers' compensation,	135997
disabled workers' relief, and insurance programs; and the costs of	135998
centralized financial services, centralized payroll processing,	135999
and related reports and services; centralized human resources	136000
services, including affirmative action and equal employment	136001
opportunity programs; the Office of Collective Bargaining; the	136002
Employee Assistance Program; centralized information technology	136003
management services; administering the enterprise resource	136004
planning system; and administering the state employee merit system	136005
as required by section 124.07 of the Revised Code. These costs	136006
shall be determined in conformity with the appropriate sections of	136007
law and paid in accordance with procedures specified by the Office	136008
of Budget and Management. Expenditures from appropriation item	136009
070601, Public Audit Expense - Intra-State, may be exempted from	136010
the requirements of this section.	136011

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	136012
AGAINST THE STATE	136013

Except as otherwise provided in this section, an	136014
appropriation in this act or any other act may be used for the	136015
purpose of satisfying judgments, settlements, or administrative	136016
awards ordered or approved by the Court of Claims or by any other	136017
court of competent jurisdiction in connection with civil actions	136018
against the state. This authorization does not apply to	136019
appropriations to be applied to or used for payment of guarantees	136020
by or on behalf of the state, or for payments under lease	136021
agreements relating to, or debt service on, bonds, notes, or other	136022
obligations of the state. Notwithstanding any other statute to the	136023
contrary, this authorization includes appropriations from funds	136024
into which proceeds of direct obligations of the state are	136025
deposited only to the extent that the judgment, settlement, or	136026
administrative award is for, or represents, capital costs for	136027
which the appropriation may otherwise be used and is consistent	136028
with the purpose for which any related obligations were issued or	136029
entered into. Nothing contained in this section is intended to	136030
subject the state to suit in any forum in which it is not	136031
otherwise subject to suit, and is not intended to waive or	136032
compromise any defense or right available to the state in any suit	136033
against it.	136034

Section 503.30. CAPITAL PROJECT SETTLEMENTS

136035

This section specifies an additional and supplemental	136036
procedure to provide for payments of judgments and settlements if	136037
the Director of Budget and Management determines, pursuant to	136038
division (C)(4) of section 2743.19 of the Revised Code, that	136039
sufficient unencumbered moneys do not exist in the fund to support	136040
a particular appropriation to pay the amount of a final judgment	136041
rendered against the state or a state agency, including the	136042
settlement of a claim approved by a court, in an action upon and	136043
arising out of a contractual obligation for the construction or	136044
improvement of a capital facility if the costs under the contract	136045
were payable in whole or in part from a state capital projects	136046
appropriation. In such a case, the Director may either proceed	136047
pursuant to division (C)(4) of section 2743.19 of the Revised Code	136048
or apply to the Controlling Board to increase an appropriation or	136049
create an appropriation out of any unencumbered moneys in the	136050
state treasury to the credit of the capital projects fund from	136051
which the initial state appropriation was made. The amount of an	136052
increase in appropriation or new appropriation approved by the	136053
Controlling Board is hereby appropriated from the applicable	136054
capital projects fund and made available for the payment of the	136055
judgment or settlement.	136056

If the Director does not make the application authorized by	136057
this section or the Controlling Board disapproves the application,	136058
and the Director does not make application under division (C)(4)	136059
of section 2743.19 of the Revised Code, the Director shall for the	136060
purpose of making that payment make a request to the General	136061
Assembly as provided for in division (C)(5) of that section.	136062

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

136063

In order to provide funds for the reissuance of voided	136064
warrants under section 126.37 of the Revised Code, there is hereby	136065
appropriated, out of moneys in the state treasury from the fund	136066
credited as provided in section 126.37 of the Revised Code, that	136067
amount sufficient to pay such warrants when approved by the Office	136068
of Budget and Management.	136069

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	136070
BALANCES OF OPERATING APPROPRIATIONS	136071

(A) An unexpended balance of an operating appropriation or	136072
reappropriation that a state agency lawfully encumbered prior to	136073
the close of a fiscal year is hereby reappropriated on the first	136074
day of July of the following fiscal year from the fund from which	136075
it was originally appropriated or reappropriated for the following	136076
period and shall remain available only for the purpose of	136077
discharging the encumbrance:	136078

(1) For an encumbrance for personal services, maintenance,	136079
equipment, or items for resale, other than an encumbrance for an	136080
item of special order manufacture not available on term contract	136081
or in the open market or for reclamation of land or oil and gas	136082
wells, for a period of not more than five months from the end of	136083
the fiscal year;	136084

(2) For an encumbrance for an item of special order	136085
manufacture not available on term contract or in the open market,	136086
for a period of not more than five months from the end of the	136087
fiscal year or, with the written approval of the Director of	136088
Budget and Management, for a period of not more than twelve months	136089
from the end of the fiscal year;	136090

(3) For an encumbrance for reclamation of land or oil and gas	136091
wells, for a period ending when the encumbered appropriation is	136092
expended or for a period of two years, whichever is less;	136093

(4) For an encumbrance for any other expense, for such period	136094
as the Director approves, provided such period does not exceed two	136095
years.	136096

(B) Any operating appropriations for which unexpended	136097
balances are reappropriated beyond a five-month period from the	136098
end of the fiscal year by division (A)(2) of this section shall be	136099
reported to the Controlling Board by the Director of Budget and	136100
Management by the thirty-first day of December of each year. The	136101
report on each such item shall include the item, the cost of the	136102
item, and the name of the vendor. The report shall be updated on a	136103
quarterly basis for encumbrances remaining open.	136104

(C) Upon the expiration of the reappropriation period set out	136105
in division (A) of this section, a reappropriation made by this	136106
section lapses, and the Director of Budget and Management shall	136107
cancel the encumbrance of the unexpended reappropriation not later	136108
than the end of the weekend following the expiration of the	136109
reappropriation period.	136110

(D) Notwithstanding division (C) of this section, with the	136111
approval of the Director of Budget and Management, an unexpended	136112
balance of an encumbrance that was reappropriated on the first day	136113
of July by this section for a period specified in division (A)(3)	136114
or (4) of this section and that remains encumbered at the close of	136115
the fiscal biennium is hereby reappropriated on the first day of	136116
July of the following fiscal biennium from the fund from which it	136117
was originally appropriated or reappropriated for the applicable	136118
period specified in division (A)(3) or (4) of this section and	136119
shall remain available only for the purpose of discharging the	136120
encumbrance.	136121

(E) The Director of Budget and Management may correct	136122
accounting errors committed by the staff of the Office of Budget	136123
and Management, such as reestablishing encumbrances or	136124
appropriations cancelled in error, during the cancellation of	136125
operating encumbrances in November and of nonoperating	136126
encumbrances in December.	136127

(F) The Director of Budget and Management may at any time	136128
correct accounting errors committed by the staff of a state agency	136129
or state institution of higher education, as defined in section	136130
3345.011 of the Revised Code, such as reestablishing prior year	136131
nonoperating encumbrances canceled or modified in error. The	136132
reestablished encumbrance amounts are hereby appropriated.	136133

(G) If the Controlling Board approved a purchase, that	136134
approval remains in effect so long as the appropriation used to	136135
make that purchase remains encumbered.	136136

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	136137
RE-ESTABLISHMENT OF ENCUMBRANCES	136138

Any cash transferred by the Director of Budget and Management	136139
under section 126.15 of the Revised Code is hereby appropriated.	136140
Any amounts necessary to re-establish appropriations or	136141
encumbrances under section 126.15 of the Revised Code are hereby	136142
appropriated.	136143

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

136144

There are hereby appropriated out of any moneys in the state	136145
treasury to the credit of the General Revenue Fund, which are not	136146
otherwise appropriated, funds sufficient to make any payment	136147
required by division (B)(2) of section 5747.03 of the Revised	136148
Code.	136149

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	136150
APPROVED BY THE CONTROLLING BOARD	136151

Any money that the Controlling Board approves for expenditure	136152
or any increase in appropriation that the Controlling Board	136153
approves under sections 127.14, 131.35, and 131.39 of the Revised	136154
Code or any other provision of law is hereby appropriated for the	136155
period ending June 30, 2015.	136156

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	136157
RESIDENCE	136158

If the Governor's Residence Fund (Fund 4H20) receives payment	136159
for use of the residence pursuant to section 107.40 of the Revised	136160
Code, the amounts so received are hereby appropriated to	136161
appropriation item 100604, Governor's Residence Gift.	136162

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

136163

Unless the agency and nuclear electric utility mutually agree	136164
to a higher amount by contract, the maximum amounts that may be	136165
assessed against nuclear electric utilities under division (B)(2)	136166
of section 4937.05 of the Revised Code and deposited into the	136167
specified funds are as follows:	136168

Fund	User		FY 2014		FY 2015	136169
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	130,000	$	130,000	136170
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	1,049,954	$	1,086,098	136171
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	284,266	$	290,674	136172
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	136173

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	136174
INTEREST EARNED	136175

Notwithstanding any provision of law to the contrary, the	136176
Director of Budget and Management, through June 30, 2015, may	136177
transfer interest earned by any state fund to the General Revenue	136178
Fund. This section does not apply to funds whose source of revenue	136179
is restricted or protected by the Ohio Constitution, federal tax	136180
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	136181
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	136182

Section 512.20. CASH TRANSFERS TO THE GENERAL REVENUE FUND	136183
FROM NON-GRF FUNDS	136184

Notwithstanding any provision of law to the contrary, the	136185
Director of Budget and Management may transfer up to $60,000,000	136186
in each fiscal year in cash from non-General Revenue Funds that	136187
are not constitutionally restricted to the General Revenue Fund in	136188
order to ensure that available General Revenue Fund receipts and	136189
balances are sufficient to support General Revenue Fund	136190
appropriations in each fiscal year.	136191

Section 512.30. FISCAL YEAR 2013 GENERAL REVENUE FUND ENDING	136192
BALANCE	136193

Notwithstanding divisions (B) and (C) of section 131.44 of	136194
the Revised Code, the Director of Budget and Management shall	136195
determine the surplus General Revenue Fund revenue that existed on	136196
June 30, 2013, in excess of the amount required under division	136197
(A)(3) of section 131.44 of the Revised Code, and transfer from	136198
the General Revenue Fund, to the extent of the amount so	136199
determined, the following:	136200

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	136201
of up to $15,000,000;	136202

(B) To the Controlling Board Emergency Purposes Fund (Fund	136203
5KM0), a cash amount of up to $20,000,000;	136204

(C) To the Natural Resources Special Purposes Fund (Fund	136205
5MW0), which is hereby created in the state treasury, a cash	136206
amount of up to $12,000,000;	136207

(D) To the Unemployment Compensation Interest Contingency	136208
Fund (Fund 5HC0), a cash amount of up to $120,000,000 for payment	136209
to the United States Secretary of the Treasury of accrued interest	136210
costs related to federal unemployment account borrowing.	136211

Section 512.40. ACCESS SUCCESS II PROGRAM

136212

To the extent cash is available, the Director of Budget and	136213
Management may transfer cash from the Money Follows the Person	136214
Enhanced Reimbursement Fund (Fund 5AJ0), used by the Department of	136215
Medicaid, to the Sale of Goods and Services Fund (Fund 1490), used	136216
by the Department of Mental Health and Addiction Services. The	136217
transferred cash is hereby appropriated.	136218

The Department of Mental Health and Addiction Services shall	136219
use the transferred funds to administer the Access Success II	136220
Program to help non-Medicaid patients in any hospital established,	136221
controlled, or supervised by the Department under Chapter 5119. of	136222
the Revised Code to transition from inpatient status to a	136223
community setting.	136224

Section 512.50. Not later than the first day of September	136225
2013, the Director of Mental Health and the Director of Alcohol	136226
and Drug Addiction Services shall certify to the Director of	136227
Budget and Management the amount of all of the unexpended,	136228
unencumbered balances of general revenue fund appropriations made	136229
to the Department of Mental Health and to the Department of	136230
Alcohol and Drug Addiction Services for FY 2012, excluding funds	136231
appropriated for rental payments to the Ohio Public Facilities	136232
Commission. On receipt of the certification, the Director of	136233
Budget and Management shall transfer cash to the Department of	136234
Mental Health and Addiction Services Trust Fund created in section	136235
5119.46 of the Revised Code (renumbered section 5119.60 of the	136236
Revised Code in this act) in an amount up to, but not exceeding,	136237
the total amounts certified by the Director of Mental Health and	136238
the Director of Alcohol and Drug Addiction Services.	136239

Section 512.70. PROHIBITION ON TRANSFERS

136240

Notwithstanding section 131.44 of the Revised Code, cash	136241
shall not be transferred to the Income Tax Reduction Fund prior to	136242
July 1, 2015.	136243

Section 515.40. The Department of Aging shall use	136244
appropriation item 490627, Board of Executives of LTSS, to spend	136245
cash in the Board of Executives of Long-Term Services and Supports	136246
Fund (Fund 5MT0), which is hereby established in the State	136247
Treasury. On the effective date of this section, the Board of	136248
Examiners of Nursing Home Administrators is renamed the Board of	136249
Executives of Long-Term Services and Supports. The Board of	136250
Examiners of Nursing Home Administrators' functions and its assets	136251
and liabilities, are transferred to the Board of Executives of	136252
Long-Term Services and Supports. The Board of Executives of	136253
Long-Term Services and Supports is successor to, assumes the	136254
obligations and authority of, and otherwise continues the Board of	136255
Examiners of Nursing Home Administrators. No right, privilege, or	136256
remedy, and no duty, liability, or obligation, accrued under the	136257
Board of Examiners of Nursing Home Administrators is impaired or	136258
lost by reason of the renaming and shall be recognized,	136259
administered, performed, or enforced by the Board of Executives of	136260
Long-Term Services and Supports.	136261

Business commenced but not completed by the Board of	136262
Examiners of Nursing Home Administrators or by the Secretary of	136263
the Board of Examiners of Nursing Home Administrators shall be	136264
completed by the Board of Executives of Long-Term Services and	136265
Supports or the Secretary of the Board of Executives of Long-Term	136266
Services and Supports in the same manner, and with the same	136267
effect, as if completed by the Board of Examiners of Nursing Home	136268
Administrators or by the Secretary of the Board of Examiners of	136269
Nursing Home Administrators.	136270

All of the Board of Examiners of Nursing Home Administrators'	136271
rules, orders, and determinations continue in effect as rules,	136272
orders, and determinations of the Board of Executives of Long-Term	136273
Services and Supports.	136274

Subject to the layoff provisions of sections 124.321 to	136275
124.328 of the Revised Code, all employees of the Board of	136276
Examiners of Nursing Home Administrators who provide	136277
administrative, technical, or other services to the Board of	136278
Examiners of Nursing Home Administrators on a full-time, permanent	136279
basis shall continue with the Board of Executives of Long-Term	136280
Services and Supports and retain their positions and benefits	136281
accruing thereto, except that those employees in the classified	136282
service shall be reclassified into the unclassified service and	136283
shall serve at the pleasure of the Board.	136284

Notwithstanding section 4751.03 of the Revised Code, as	136285
amended by this act, those board members currently serving as	136286
members of the Board of Examiners of Nursing Home Administrators	136287
on the effective date of this act shall continue to serve as	136288
members of the Board of Executives of Long-Term Services and	136289
Supports for the remainder of their appointment period, at which	136290
time new members shall be appointed in a manner consistent with	136291
section 4751.03 of the Revised Code, as amended by this act.	136292

Within ninety days after the effective date of this act, the	136293
Governor shall appoint to the Board of Executives of Long-Term	136294
Services and Supports those new members who are required to be	136295
appointed under divisions (A)(3) and (6) of section 4751.03 of the	136296
Revised Code, as amended by this act, for terms ending on May 27,	136297
2014. Thereafter, appointment for those members shall be as	136298
provided in section 4751.03 of the Revised Code, as amended by	136299
this act.	136300

Whenever the Board of Examiners of Nursing Home	136301
Administrators is referred to in statute, contract, or other	136302
instrument, the reference is deemed to refer to the Board of	136303
Executives of Long-Term Services and Supports.	136304

No pending action or proceeding being prosecuted or defended	136305
in court or before an agency by the Board of Examiners of Nursing	136306
Home Administrators or the Secretary of the Board of Examiners of	136307
Nursing Home Administrators is affected by the renaming and shall	136308
be prosecuted or defended in the name of the Board of Executives	136309
of Long-Term Services and Supports or the Secretary of the Board	136310
of Executives of Long-Term Services and Supports. Upon application	136311
to the court or agency, the Board of Executives of Long-Term	136312
Services and Supports or the Secretary of the Board of Executives	136313
of Long-Term Services and Supports shall be substituted.	136314

Section 515.50. (A) On July 1, 2013, the eTech Ohio	136315
Commission is renamed and reconstituted as the Broadcast	136316
Educational Media Commission, as described in section 3353.02 of	136317
the Revised Code as amended by this act. The Broadcast Educational	136318
Media Commission is thereupon and thereafter successor to, assumes	136319
the obligations of, and otherwise constitutes the continuation of	136320
the eTech Ohio Commission, for all obligations related to the	136321
state's educational broadcasting services, including educational	136322
television, radio, and radio reading services.	136323

(B) Any business related to the state's educational	136324
television, radio, or radio reading services commenced but not	136325
completed by the eTech Ohio Commission shall be completed by the	136326
Broadcast Educational Media Commission in the same manner, and	136327
with the same effect, as if completed by the eTech Ohio	136328
Commission. No validation, cure, right, privilege, remedy,	136329
obligation, or liability is lost or impaired by reason of the	136330
renaming, and shall be recognized, administered, performed, or	136331
enforced by the Broadcast Educational Media Commission.	136332

(C) All of the rules of the eTech Ohio Commission related to	136333
the state's educational broadcasting services, including	136334
educational television, radio, or radio reading services, continue	136335
in effect as rules of the Broadcast Educational Media Commission,	136336
until amended or rescinded by the Broadcast Educational Media	136337
Commission.	136338

(D) No judicial or administrative action or proceeding	136339
related to the state's educational broadcasting services,	136340
including educational television, radio, or radio reading	136341
services, in which the eTech Ohio Commission is a party, that is	136342
pending on the effective date of this section is affected by the	136343
renaming. Such action or proceeding shall be prosecuted or	136344
defended in the name of the Broadcast Educational Media	136345
Commission. On application to the court or other tribunal, the	136346
Broadcast Educational Media Commission shall be substituted for	136347
the eTech Ohio Commission as a party to such action or proceeding.	136348

(E) Subject to the layoff provisions of sections 124.321 to	136349
124.328 and division (D) of section 3353.03 of the Revised Code,	136350
as amended by this act, all employees of the former eTech Ohio	136351
Commission assigned to activities related to the state's	136352
educational broadcasting services, including educational	136353
television, radio, or radio reading services, continue with the	136354
Broadcast Educational Media Commission and retain their positions	136355
and all benefits accruing thereto.	136356

(F) All books, records, documents, files, transcripts,	136357
equipment, furniture, supplies, and other materials related to the	136358
state's educational broadcasting services, including educational	136359
television, radio, or radio reading services, assigned to or in	136360
the possession of the former eTech Ohio Commission shall be	136361
transferred to the Broadcast Educational Media Commission.	136362

(G) Each current member of the eTech Ohio Commission shall	136363
serve until June 30, 2013. On July 1, 2013, or as soon after July	136364
1, 2013, as possible, each member shall either be reappointed or	136365
replaced by another member to serve on the Educational Media	136366
Commission pursuant to section 3353.02 of the Revised Code, as	136367
amended by this act.	136368

Section 515.51. (A) On July 1, 2013, all responsibilities	136369
related to the administration of the Telecommunity Fund and the	136370
Distance Learning Fund, as well as for technology-related teacher	136371
professional development programs, are transferred from the former	136372
eTech Ohio Commission to the Chancellor of the Board of Regents as	136373
described in sections 3319.235, 3317.50, and 3317.51 of the	136374
Revised Code, as amended by this act. The Chancellor is thereupon	136375
and thereafter successor to, assumes the obligations of, and	136376
otherwise constitutes the continuation of the eTech Ohio	136377
Commission relating to the functions, assets, records, and	136378
obligations relating to these responsibilities.	136379

(B) Any business related to these responsibilities commenced	136380
but not completed by the former eTech Ohio Commission shall be	136381
completed by the Chancellor in the same manner, and with the same	136382
effect, as if completed by the eTech Ohio Commission. No	136383
validation, cure, right, privilege, remedy, obligation, or	136384
liability is lost or impaired by reason of the transfer, and shall	136385
be recognized, administered, performed, or enforced by the	136386
Chancellor.	136387

(C) All of the rules of the former eTech Ohio Commission	136388
related to these responsibilities continue in effect as rules of	136389
the Chancellor, until amended or rescinded by the Chancellor.	136390

(D) Any judicial or administrative action or proceeding	136391
related to these responsibilities, in which the eTech Ohio	136392
Commission is a party, that is pending on the effective date of	136393
this section is affected by the transfer. Such action or	136394
proceeding shall be prosecuted or defended in the name of the	136395
Chancellor. On application to the court or other tribunal, the	136396
Chancellor of the Board of Regents shall be substituted for the	136397
eTech Ohio Commission as a party to such action or proceeding.	136398

(E) Subject to the layoff provisions of sections 124.321 to	136399
124.328 and division (D) of section 3353.03 of the Revised Code,	136400
as amended by this act, all employees of the former eTech Ohio	136401
Commission assigned to these responsibilities continue with the	136402
Chancellor and retain their positions and all benefits accruing	136403
thereto.	136404

(F) All books, records, documents, files, transcripts,	136405
equipment, furniture, supplies, and other materials related to	136406
these responsibilities assigned to or in the possession of the	136407
former eTech Ohio Commission shall be transferred to the	136408
Chancellor.	136409

(G) All employees of the former eTech Ohio Commission who	136410
transferred to the Chancellor of the Board of Regents upon the	136411
reconstitution of the Commission as prescribed by Section 515.50	136412
of H.B. 59 of the 130th General Assembly and who when employed by	136413
that Commission or a predecessor agency were included in a	136414
bargaining unit established under Chapter 4117. of the Revised	136415
Code, shall continue to be included in that bargaining unit, are	136416
public employees as defined in section 4117.01 of the Revised	136417
Code, and may collectively bargain with the Chancellor in	136418
accordance with that chapter. Otherwise, any employee hired by the	136419
Chancellor after the reconstitution of the Commission, either to	136420
fill vacancies or to fill new positions related to the transferred	136421
employees' duties, shall be exempt from Chapter 4117. of the	136422
Revised Code and shall not be public employees as defined in	136423
section 4117.01 of the Revised Code.	136424

Section 515.52. (A) On July 1, 2013, all responsibilities of	136425
the former eTech Ohio Commission related to the purchase of	136426
software services and supplies, the redistribution of hardware and	136427
software from closed community schools, and technology-related	136428
teacher professional development programs are transferred from the	136429
former eTech Ohio Commission to the Department of Education as	136430
described in sections 125.05, 3314.074, and 3319.235 of the	136431
Revised Code, as amended by this act. The Department is thereupon	136432
and thereafter successor to, assumes the obligations of, and	136433
otherwise constitutes the continuation of the eTech Ohio	136434
Commission relating to these responsibilities.	136435

(B) Any business related to these responsibilities commenced	136436
but not completed by the former eTech Ohio Commission shall be	136437
completed by the Department in the same manner, and with the same	136438
effect, as if completed by the eTech Ohio Commission. No	136439
validation, cure, right, privilege, remedy, obligation, or	136440
liability is lost or impaired by reason of the transfer, and shall	136441
be recognized, administered, performed, or enforced by the	136442
Department.	136443

(C) All of the rules of the eTech Ohio Commission related to	136444
these responsibilities continue in effect as rules of the	136445
Department, until amended or rescinded by the Department.	136446

(D) Any judicial or administrative action or proceeding	136447
related to these responsibilities, in which the eTech Ohio	136448
Commission is a party, that is pending on the effective date of	136449
this section is affected by the transfer. Such action or	136450
proceeding shall be prosecuted or defended in the name of the	136451
Department. On application to the court or other tribunal, the	136452
Department of Education shall be substituted for the eTech Ohio	136453
Commission as a party to such action or proceeding.	136454

(E) Subject to the layoff provisions of sections 124.321 to	136455
124.328 and division (D) of section 3353.03 of the Revised Code,	136456
as amended by this act, all employees of the former eTech Ohio	136457
Commission assigned to these responsibilities continue with the	136458
Department and retain their positions and all benefits accruing	136459
thereto.	136460

(F) All books, records, documents, files, transcripts,	136461
equipment, furniture, supplies, and other materials related to	136462
these responsibilities assigned to or in the possession of the	136463
former eTech Ohio Commission shall be transferred to the	136464
Department.	136465

(G) All employees of the former eTech Ohio Commission who	136466
transferred to the Department of Education upon the reconstitution	136467
of the Commission as prescribed by Section 515.50 of H.B. 59 of	136468
the 130th General Assembly and who when employed by that	136469
Commission or a predecessor agency were included in a bargaining	136470
unit established under Chapter 4117. of the Revised Code, shall	136471
continue to be included in that bargaining unit, are public	136472
employees as defined in section 4117.01 of the Revised Code, and	136473
may collectively bargain with the state Board of Education in	136474
accordance with that chapter. Otherwise, any employee hired by the	136475
Department after the reconstitution of the Commission, either to	136476
fill vacancies or to fill new positions related to the transferred	136477
employees' duties, shall be exempt from Chapter 4117. of the	136478
Revised Code and shall not be public employees as defined in	136479
section 4117.01 of the Revised Code.	136480

Section 515.53. Any duties and responsibilities of the	136481
former eTech Ohio Commission not transferred in accordance with	136482
Sections 515.50, 515.51, and 515.52 of this act are eliminated on	136483
July 1, 2013.	136484

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

136485

Certain appropriations are in this act for the purpose of	136486
paying debt service and financing costs on general obligation	136487
bonds or notes of the state issued pursuant to the Ohio	136488
Constitution and acts of the General Assembly. If it is determined	136489
that additional appropriations are necessary for this purpose,	136490
such amounts are hereby appropriated.	136491

Section 518.20. LEASE RENTAL PAYMENTS FOR DEBT SERVICE

136492

Certain appropriations are in this act for the purpose of	136493
making lease rental payments pursuant to leases and agreements	136494
relating to bonds or notes issued by the Treasurer of State, or	136495
previously by the Ohio Public Facilities Commission or the Ohio	136496
Building Authority, pursuant to the Ohio Constitution and acts of	136497
the General Assembly. If it is determined that additional	136498
appropriations are necessary for this purpose, such amounts are	136499
hereby appropriated.	136500

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	136501
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	136502

The Office of Budget and Management shall process payments	136503
from general obligation and lease rental payment appropriation	136504
items during the period from July 1, 2013, through June 30, 2015,	136505
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	136506
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	136507
Chapters 151., 152., and 154. of the Revised Code. Payments shall	136508
be made upon certification by the Treasurer of State of the dates	136509
and the amounts due on those dates.	136510

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

136511

Whenever the Director of Budget and Management determines	136512
that an appropriation made to a state agency from a fund of the	136513
state is insufficient to provide for the recovery of statewide	136514
indirect costs under section 126.12 of the Revised Code, the	136515
amount required for such purpose is hereby appropriated from the	136516
available receipts of such fund.	136517

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	136518
INDIRECT COST ALLOCATION PLAN	136519

The total transfers made from the General Revenue Fund by the	136520
Director of Budget and Management under this section shall not	136521
exceed the amounts transferred into the General Revenue Fund under	136522
section 126.12 of the Revised Code.	136523

The director of an agency may certify to the Director of	136524
Budget and Management the amount of expenses not allowed to be	136525
included in the Statewide Indirect Cost Allocation Plan under	136526
federal regulations, from any fund included in the Statewide	136527
Indirect Cost Allocation Plan, prepared as required by section	136528
126.12 of the Revised Code.	136529

Upon determining that no alternative source of funding is	136530
available to pay for such expenses, the Director of Budget and	136531
Management may transfer cash from the General Revenue Fund into	136532
the fund for which the certification is made, up to the amount of	136533
the certification. The director of the agency receiving such funds	136534
shall include, as part of the next budget submission prepared	136535
under section 126.02 of the Revised Code, a request for funding	136536
for such activities from an alternative source such that further	136537
federal disallowances would not be required.	136538

The director of an agency may certify to the Director of	136539
Budget and Management the amount of expenses paid in error from a	136540
fund included in the Statewide Indirect Cost Allocation Plan. The	136541
Director of Budget and Management may transfer cash from the fund	136542
from which the expenditure should have been made into the fund	136543
from which the expenses were erroneously paid, up to the amount of	136544
the certification.	136545

The director of an agency may certify to the Director of	136546
Budget and Management the amount of expenses or revenues not	136547
allowed to be included in the Statewide Indirect Cost Allocation	136548
Plan under federal regulations, for any fund included in the	136549
Statewide Indirect Cost Allocation Plan, for which the federal	136550
government requires payment. If the Director of Budget and	136551
Management determines that an appropriation made to a state agency	136552
from a fund of the state is insufficient to pay the amount	136553
required by the federal government, the amount required for such	136554
purpose is hereby appropriated from the available receipts of such	136555
fund, up to the amount of the certification.	136556

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

136557

Notwithstanding any provision of law to the contrary, on or	136558
before the first day of September of each fiscal year, the	136559
Director of Budget and Management, in order to reduce the payment	136560
of adjustments to the federal government, as determined by the	136561
plan prepared under division (A) of section 126.12 of the Revised	136562
Code, may designate such funds as the Director considers necessary	136563
to retain their own interest earnings.	136564

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

136565

Pursuant to the plan for compliance with the Federal Cash	136566
Management Improvement Act required by section 131.36 of the	136567
Revised Code, the Director of Budget and Management may cancel and	136568
re-establish all or part of encumbrances in like amounts within	136569
the funds identified by the plan. The amounts necessary to	136570
re-establish all or part of encumbrances are hereby appropriated.	136571

Section 521.60. FISCAL STABILIZATION AND RECOVERY

136572

To ensure the level of accountability and transparency	136573
required by federal law, the Director of Budget and Management may	136574
issue guidelines to any agency applying for federal money made	136575
available to this state for fiscal stabilization and recovery	136576
purposes, and may prescribe the process by which agencies are to	136577
comply with any reporting requirements established by the federal	136578
government.	136579

Section 605.10. That Section 205.10 of Am. Sub. H.B. 51 of	136580
the 130th General Assembly be amended to read as follows:	136581

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

136582

State Highway Safety Fund Group	136583

4W40	762321	Operating Expense - BMV	$	130,559,268	$	130,418,957	136584
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	136585
7036	761321	Operating Expense - Information and Education	$	7,055,066	$	6,999,331	136586
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	136587
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	136588
7036	764321	Operating Expense - Highway Patrol	$	268,232,602	$	270,232,602	136589
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	136590
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	136591
8310	761610	Information and Education - Federal	$	300,000	$	300,000	136592
8310	764608	FARS Grant Federal	$	175,000	$	175,000	136593
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	136594
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	136595
8310	765610	EMS - Federal	$	225,000	$	225,000	136596
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	136597
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	136598
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	136599
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	136600
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	136601
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	136602
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	136603
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	136604
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	136605
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	136606
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	136607
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	136608
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	136609
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	136610
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	136611
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	136612
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	136613
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	136614
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	136615
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	136616
TOTAL HSF State Highway Safety Fund Group			$	515,450,460	$	517,434,364	136617

General Services Fund Group	136618

4P60	768601	Justice Program Services	$	900,000	$	875,000	136619
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	136620
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	136621
TOTAL GSF General Services Fund Group			$	6,290,946	$	6,265,946	136622

Federal Special Revenue Fund Group	136623

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	136624
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	136625
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	136626
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	136627
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	136628
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	136629
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	136630
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	136631
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	136632
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	136633
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	136634
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	136635
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	136636
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	136637
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	136638

State Special Revenue Fund Group	136639

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	136640
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	136641
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	136642
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	136643
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	136644
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	136645
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	136646
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	136647
5FL0	769634	Investigations	$	899,300	$	899,300	136648
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	136649
~~5BP0~~ 5NF0	764609	DPS Wireless 911 Administration	$	290,000	$	290,000	136650
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	136651
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	136652
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	136653
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	136654
TOTAL SSR State Special Revenue Fund Group			$	15,049,767	$	15,039,767	136655

Agency Fund Group	136656

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		136657
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		136658

Holding Account Redistribution Fund Group	136659

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	136660
R052	762623	Security Deposits	$	350,000	$	350,000	136661
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	136662
TOTAL ALL BUDGET FUND GROUPS			$	673,558,888	$	675,952,792	136663

MOTOR VEHICLE REGISTRATION

136664

The Registrar of Motor Vehicles may deposit revenues to meet	136665
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	136666
4W40) established in section 4501.25 of the Revised Code, obtained	136667
under sections 4503.02 and 4504.02 of the Revised Code, less all	136668
other available cash. Revenue deposited pursuant to this paragraph	136669
shall support, in part, appropriations for operating expenses and	136670
defray the cost of manufacturing and distributing license plates	136671
and license plate stickers and enforcing the law relative to the	136672
operation and registration of motor vehicles. Notwithstanding	136673
section 4501.03 of the Revised Code, the revenues shall be paid	136674
into Fund 4W40 before any revenues obtained pursuant to sections	136675
4503.02 and 4504.02 of the Revised Code are paid into any other	136676
fund. The deposit of revenues to meet the aforementioned cash	136677
needs shall be in approximately equal amounts on a monthly basis	136678
or as otherwise determined by the Director of Budget and	136679
Management pursuant to a plan submitted by the Registrar of Motor	136680
Vehicles.	136681

OPERATING EXPENSE – BMV

136682

Of the foregoing appropriation item 762321, Operating Expense	136683
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	136684
costs associated with improvements to the program to accept	136685
applications for registration transactions of apportionable	136686
vehicles electronically over the internet.	136687

OPERATING EXPENSE - INFORMATION AND EDUCATION

136688

Of the foregoing appropriation item 761321, Operating Expense	136689
– Information and Education, up to $250,000 in each fiscal year	136690
may be used to fund state employees to staff travel information	136691
centers on the border of the state.	136692

The Department of Public Safety shall conduct a study for	136693
partnering with local travel and tourism centers, as well as a	136694
study for the creation of the Ohio Ambassadors Volunteer Program	136695
at rest stops.	136696

LEASE RENTAL PAYMENTS

136697

The foregoing appropriation item 761401, Lease Rental	136698
Payments, shall be used for payments to the Treasurer of State for	136699
the period July 1, 2013, through June 30, 2015, under the primary	136700
leases and agreements for public safety related buildings. The	136701
appropriations are the source of funds pledged for bond service	136702
charges on obligations pursuant to Chapters 152. and 154. of the	136703
Revised Code.	136704

CASH TRANSFERS BETWEEN FUNDS

136705

Notwithstanding any provision of law to the contrary, the	136706
Director of Budget and Management, upon the written request of the	136707
Director of Public Safety, may transfer cash between the following	136708
six funds: the Trauma and Emergency Medical Services Fund (Fund	136709
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	136710
Fund (Fund 5FL0), the Emergency Management Agency Service and	136711
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	136712
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	136713
4W40).	136714

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	136715
PLATE CONTRIBUTION FUND	136716

On July 1, 2013, or as soon as possible thereafter, the	136717
Director of Budget and Management may transfer the cash balance in	136718
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	136719
Contribution Fund (Fund 5V10). Upon completion of the transfer,	136720
Fund 5JS0 is hereby abolished.	136721

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	136722
STATE HIGHWAY SAFETY FUND	136723

Not later than January 1, 2014, the Director of Budget and	136724
Management may transfer the cash balance in the Hilltop Utility	136725
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	136726
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	136727
abolished. The Director shall cancel any existing encumbrances	136728
against appropriation item 766661, Hilltop Utility Reimbursement,	136729
and reestablish them against appropriation item 761321, Operating	136730
Expense – Information and Education. The reestablished encumbrance	136731
amounts are hereby appropriated.	136732

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	136733
SAFETY FUND	136734

On July 1, 2013, or as soon as possible thereafter, the	136735
Director of Budget and Management shall transfer the cash balance	136736
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	136737
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	136738
Fund 8380 is abolished.	136739

STATE DISASTER RELIEF

136740

The State Disaster Relief Fund (Fund 5330) may accept	136741
transfers of cash and appropriations from Controlling Board	136742
appropriation items for Ohio Emergency Management Agency disaster	136743
response costs and disaster program management costs, and may also	136744
be used for the following purposes:	136745

(A) To accept transfers of cash and appropriations from	136746
Controlling Board appropriation items for Ohio Emergency	136747
Management Agency public assistance and mitigation program match	136748
costs to reimburse eligible local governments and private	136749
nonprofit organizations for costs related to disasters;	136750

(B) To accept and transfer cash to reimburse the costs	136751
associated with Emergency Management Assistance Compact (EMAC)	136752
deployments;	136753

(C) To accept disaster related reimbursement from federal,	136754
state, and local governments. The Director of Budget and	136755
Management may transfer cash from reimbursements received by this	136756
fund to other funds of the state from which transfers were	136757
originally approved by the Controlling Board.	136758

(D) To accept transfers of cash and appropriations from	136759
Controlling Board appropriation items to fund the State Disaster	136760
Relief Program, for disasters that qualify for the program by	136761
written authorization of the Governor, and the State Individual	136762
Assistance Program for disasters that have been declared by the	136763
federal Small Business Administration and that qualify for the	136764
program by written authorization of the Governor. The Ohio	136765
Emergency Management Agency shall publish and make available	136766
application packets outlining procedures for the State Disaster	136767
Relief Program and the State Individual Assistance Program.	136768

JUSTICE ASSISTANCE GRANT FUND

136769

The federal payments made to the state for the Byrne Justice	136770
Assistance Grants Program under Title II of Division A of the	136771
American Recovery and Reinvestment Act of 2009 shall be deposited	136772
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	136773
which is hereby created in the state treasury. All investment	136774
earnings of the fund shall be credited to the fund.	136775

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	136776
AGENCY SERVICE AND REIMBURSEMENT FUND	136777

On July 1 of each fiscal year, or as soon as possible	136778
thereafter, the Director of Budget and Management shall transfer	136779
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	136780
Emergency Management Agency Service and Reimbursement Fund (Fund	136781
4V30) to be distributed to the Ohio Task Force One – Urban Search	136782
and Rescue Unit, other similar urban search and rescue units	136783
around the state, and for the maintenance of the statewide fire	136784
emergency response plan by an entity recognized by the Ohio	136785
Emergency Management Agency.	136786

FAMILY VIOLENCE PREVENTION FUND

136787

Notwithstanding any provision of law to the contrary, in each	136788
of fiscal years 2014 and 2015, the first $750,000 received to the	136789
credit of the Family Violence Prevention Fund (Fund 5BK0) is	136790
appropriated to appropriation item 768689, Family Violence Shelter	136791
Programs, and the next $400,000 received to the credit of Fund	136792
5BK0 in each of those fiscal years is appropriated to	136793
appropriation item 768687, Criminal Justice Services - Operating.	136794
Any moneys received to the credit of Fund 5BK0 in excess of the	136795
aforementioned appropriated amounts in each fiscal year shall,	136796
upon the approval of the Controlling Board, be used to provide	136797
grants to family violence shelters in Ohio.	136798

SARA TITLE III HAZMAT PLANNING

136799

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	136800
entitled to receive grant funds from the Emergency Response	136801
Commission to implement the Emergency Management Agency's	136802
responsibilities under Chapter 3750. of the Revised Code.	136803

COLLECTIVE BARGAINING INCREASES

136804

Notwithstanding division (D) of section 127.14 and division	136805
(B) of section 131.35 of the Revised Code, except for the General	136806
Revenue Fund, the Controlling Board may, upon the request of	136807
either the Director of Budget and Management, or the Department of	136808
Public Safety with the approval of the Director of Budget and	136809
Management, authorize expenditures in excess of appropriations and	136810
transfer appropriations, as necessary, for any fund used by the	136811
Department of Public Safety, to assist in paying the costs of	136812
increases in employee compensation that have occurred pursuant to	136813
collective bargaining agreements under Chapter 4117. of the	136814
Revised Code and, for exempt employees, under section 124.152 of	136815
the Revised Code. Any money approved for expenditure under this	136816
paragraph is hereby appropriated.	136817

CASH BALANCE FUND REVIEW

136818

Not later than the first day of April in each fiscal year of	136819
the biennium, the Director of Budget and Management shall review	136820
the cash balances for each fund, except the State Highway Safety	136821
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	136822
4W40), in the State Highway Safety Fund Group, and shall recommend	136823
to the Controlling Board an amount to be transferred to the credit	136824
of Fund 7036 or Fund 4W40, as appropriate.	136825

AUTO REGISTRATION DISTRIBUTION FUND

136826

Notwithstanding the amendment by this act to section 4501.03	136827
of the Revised Code and the enactment by this act of section	136828
4501.031 of the Revised Code, any license tax assessed under	136829
Chapters 4503. or 4504. of the Revised Code, and derived from	136830
registrations processed on business days prior to July 1, 2013,	136831
shall be deposited to the state treasury to the credit of the Auto	136832
Registration Distribution Fund (Fund 7051) created by section	136833
4501.03 of the Revised Code, even if such deposit does not occur	136834
until on or after July 1, 2013. All license tax assessed on	136835
registrations under Chapters 4503. or 4504. of the Revised Code	136836
prior to July 1, 2013, shall be deposited, and distributed, in	136837
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	136838
4501.043 of the Revised Code as they existed prior to the	136839
amendments to those sections by this act.	136840

Section 605.11. That existing Section 205.10 of Am. Sub. H.B.	136841
51 of the 130th General Assembly is hereby repealed.	136842

Section 610.10. That Sections 201.80, 205.83, and 509.40 of	136843
Sub. H.B. 482 of the 129th General Assembly be amended to read as	136844
follows:	136845

Sec. 201.80. All items set forth in this section are hereby	136846
appropriated out of any moneys in the state treasury to the credit	136847
of the School Building Program Assistance Fund (Fund 7032), that	136848
are not otherwise appropriated.	136849

Appropriations

SFC SCHOOL FACILITIES COMMISSION	136850

C23002	School Building Program Assistance	$	~~425,000,000~~ 413,000,000	136851
C23020	School Security Grant Program	$	12,000,000	136852
Total School Facilities Commission		$	425,000,000	136853
TOTAL School Building Program Assistance Fund		$	425,000,000	136854

SCHOOL BUILDING PROGRAM ASSISTANCE

136855

The foregoing appropriation item C23002, School Building	136856
Program Assistance, shall be used by the School Facilities	136857
Commission to provide funding to school districts that receive	136858
conditional approval from the Commission pursuant to Chapter 3318.	136859
of the Revised Code.	136860

SCHOOL SECURITY GRANT PROGRAM

136861

The foregoing appropriation item C23020, School Security	136862
Grant Program, shall be used by the School Facilities Commission	136863
to provide funding to all public schools for school security	136864
expenditures including the purchase and installation of one	136865
Multi-Agency Radio Communications System unit per school building	136866
and a security door system, consisting of a security camera, an	136867
intercom, and remote access, at one entrance per school building.	136868
A school may apply to the School Facilities Commission for	136869
reimbursement up to $2,000 for one Multi-Agency Radio	136870
Communications System Unit per school building and up to $5,000	136871
for costs incurred with the purchase of a security door system	136872
installed on or after January 1, 2013.	136873

Sec. 205.83. The Ohio Public Facilities Commission is hereby	136874
authorized to issue and sell, in accordance with Section 2o and 2q	136875
of Article VIII, Ohio Constitution, and pursuant to sections	136876
151.01 and 151.09 of the Revised Code, original obligations of the	136877
state in an aggregate principal amount not to exceed $~~6,000,000~~	136878
9,250,000 in addition to the original issuance of obligations	136879
heretofore authorized by prior acts of the General Assembly. These	136880
authorized obligations shall be issued and sold from time to time,	136881
subject to applicable constitutional and statutory limitations, as	136882
needed to ensure sufficient moneys to the credit of the Clean Ohio	136883
Trail Fund (Fund 7061) to pay costs of conservation projects.	136884

Sec. 509.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	136885
PROJECTS	136886

Notwithstanding ~~sections 123.01 and 123.15~~section 123.21 of	136887
the Revised Code, the Executive Director of ~~Administrative~~	136888
~~Services~~the Ohio Facilities Construction Commission may authorize	136889
the Departments of Mental Health, Developmental Disabilities,	136890
Agriculture, Job and Family Services, Rehabilitation and	136891
Correction, Youth Services, Public Safety, Transportation, ~~and~~	136892
Veterans Services, and the Bureau of Workers' Compensation to	136893
administer any capital facilities projects, the estimated cost of	136894
which, including design fees, construction, equipment, and	136895
contingency amounts, is less than $1,500,000. Requests for	136896
authorization to administer capital facilities projects shall be	136897
made ~~in writing to the Director of Administrative Services~~through	136898
the OAKS-CI application by the applicable state agency ~~within~~	136899
~~sixty days after the effective date of the section of law in which~~	136900
~~the General Assembly initially makes an appropriation for the~~	136901
~~project~~. Upon the release of funds for the projects by the	136902
Controlling Board or the Director of Budget and Management, the	136903
agency may administer the capital project or projects for which	136904
agency administration has been authorized without the supervision,	136905
control, or approval of the Executive Director of ~~Administrative~~	136906
~~Services~~the Ohio Facilities Construction Commission.	136907

A state agency authorized by the Executive Director of	136908
~~Administrative Services~~the Ohio Facilities Construction	136909
Commission to administer capital facilities projects pursuant to	136910
this section shall comply with the applicable procedures and	136911
guidelines established in Chapter 153. of the Revised Code and	136912
shall track all project information in OAKS-CI pursuant to Ohio	136913
Facilities Construction Commission guidelines.	136914

Section 610.11. That existing Sections 201.80, 205.83, and	136915
509.40 of Sub. H.B. 482 of the 129th General Assembly are hereby	136916
repealed.	136917

Section 610.14. That Sections 301.11, 301.12, and 301.13 of	136918
Am. Sub. H.B. 487 of the 129th General Assembly be amended to read	136919
as follows:	136920

Sec. 301.11. The items set forth in this section are hereby	136921
appropriated out of any moneys in the state treasury to the credit	136922
of the Clean Ohio Conservation Fund (Fund 7056) that are not	136923
otherwise appropriated.	136924

Appropriations

PWC PUBLIC WORKS COMMISSION	136925

C15060	Clean Ohio Conservation	$	~~36,000,000~~ 55,500,000	136926
Total Public Works Commission		$	~~36,000,000~~ 55,500,000	136927
TOTAL Clean Ohio Conservation Fund		$	~~36,000,000~~ 55,500,000	136928

The foregoing appropriation item C15060, Clean Ohio	136929
Conservation, shall be used in accordance with sections 164.20 to	136930
164.27 of the Revised Code. If the Public Works Commission	136931
receives refunds due to project overpayments that are discovered	136932
during the post-project audit, the Director of the Public Works	136933
Commission may certify to the Director of Budget and Management	136934
that refunds have been received. If the Director of Budget and	136935
Management determines that the project refunds are available to	136936
support additional appropriations, such amounts are hereby	136937
appropriated.	136938

Sec. 301.12. The items set forth in this section are hereby	136939
appropriated out of any moneys in the state treasury to the credit	136940
of the Clean Ohio Agricultural Easement Fund (Fund 7057) that are	136941
not otherwise appropriated.	136942

Appropriations

AGR DEPARTMENT OF AGRICULTURE	136943

C70009	Clean Ohio Agricultural Easements	$	~~6,000,000~~ 9,250,000	136944
Total Department of Agriculture		$	~~6,000,000~~ 9,250,000	136945
TOTAL Clean Ohio Agricultural Easement Fund		$	~~6,000,000~~ 9,250,000	136946

Sec. 301.13. (A) The Ohio Public Facilities Commission is	136948
hereby authorized to issue and sell, in accordance with Section 2o	136949
and 2q of Article VIII, Ohio Constitution, and pursuant to	136950
sections 151.01 and 151.09 of the Revised Code, original	136951
obligations of the state in an aggregate principal amount not to	136952
exceed $~~36,000,000~~55,500,000 in addition to the original issuance	136953
of obligations heretofore authorized by prior acts of the General	136954
Assembly. These authorized obligations shall be issued and sold	136955
from time to time, subject to applicable constitutional and	136956
statutory limitations, as needed to ensure sufficient moneys to	136957
the credit of the Clean Ohio Conservation Fund (Fund 7056) to pay	136958
costs of conservation projects.	136959

(B) The Ohio Public Facilities Commission is hereby	136960
authorized to issue and sell, in accordance with Section 2o and 2q	136961
of Article VIII, Ohio Constitution, and pursuant to sections	136962
151.01 and 151.09 of the Revised Code, original obligations of the	136963
state in an aggregate principal amount not to exceed $~~6,000,000~~	136964
9,250,000 in addition to the original issuance of obligations	136965
heretofore authorized by prior acts of the General Assembly. These	136966
authorized obligations shall be issued and sold from time to time,	136967
subject to applicable constitutional and statutory limitations, as	136968
needed to ensure sufficient moneys to the credit of the Clean Ohio	136969
Agricultural Easement Fund (Fund 7057) to pay costs of	136970
conservation projects.	136971

Section 610.15. That existing Sections 301.11, 301.12, and	136972
301.13 of Am. Sub. H.B. 487 of the 129th General Assembly are	136973
hereby repealed.	136974

Section 610.16. That Section 205.80 of Sub. H.B. 482 of the	136975
129th General Assembly, as amended by Am. Sub. H.B. 487 of the	136976
129th General Assembly, be amended to read as follows:	136977

Sec. 205.80. The items set forth in this section are hereby	136978
appropriated out of any moneys in the state treasury to the credit	136979
of the Clean Ohio Trail Fund (Fund 7061) that are not otherwise	136980
appropriated.	136981

DNR DEPARTMENT OF NATURAL RESOURCES	136982

Appropriations

C72514	Clean Ohio Local Grants	$	~~6,000,000~~ 9,250,000	136983
Total Department of Natural Resources		$	~~6,000,000~~ 9,250,000	136984
TOTAL Clean Ohio Trail Fund		$	~~6,000,000~~ 9,250,000	136985

Section 610.17. That existing Section 205.80 of Sub. H.B. 482	136987
of the 129th General Assembly, as amended by Am. Sub. H.B. 487 of	136988
the 129th General Assembly, is hereby repealed.	136989

Section 610.20. That Section 4 of Sub. S.B. 171 of the 129th	136990
General Assembly, as amended by Am. Sub. H.B. 487 of the 129th	136991
General Assembly, be amended to read as follows:	136992

Sec. 4. The following agencies are retained under division	136993
(D) of section 101.83 of the Revised Code and expire on December	136994
31, 2016:	136995

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	136996
Academic Distress Commission	3302.10	136997
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	136998
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	136999
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	137000
~~Advisory Council of Directors for Prison Labor~~ Office of Enterprise Development Advisory Board	5145.162	137001
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	137002
Advisory Committee on Livestock Exhibitions	901.71	137003
Agricultural Commodity Marketing Programs Operating Committees	924.07	137004
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	137005
Alternative Energy Advisory Committee	4928.64(D)	137006
AMBER Alert Advisory Committee	5502.521	137007
Apprenticeship Council	Chapter 4139.	137008
Armory Board of Control	5911.09, 5911.12	137009
Automated Title Processing Board	4505.09(C)(1)	137010
Backflow Advisory Board	3703.21	137011
Banking Commission	1123.01	137012
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	137013
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	137014
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	137015
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	137016
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	137017
Board of Governors of the Medical Liability Underwriting Association	3929.64	137018
Board of Voting Machines Examiners	3506.05	137019
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	137020
Brain Injury Advisory Committee	3304.231	137021
Bureau of Workers' Compensation Board of Directors	4121.12	137022
Capitol Square Review and Advisory Board	105.41	137023
Child Care Advisory Council	5104.08	137024
Child Support Guideline Advisory Council	3119.024	137025
Children's Trust Fund Board	3109.15 - 3109.17	137026
Citizen's Advisory Council	5123.092, 5123.093	137027
Clean Ohio Trail Advisory Board	1519.06	137028
Coastal Resources Advisory Council	1506.12	137029
Commission on African-American Males	4112.12, 4112.13	137030
Commission on Hispanic-Latino Affairs	121.31	137031
Commission on Minority Health	3701.78	137032
Committee on Prescriptive Governance	4723.49 - 4723.492	137033
Commodity Advisory Commission	926.32	137034
Consumer Advisory Committee to the Rehabilitation Services Commission	3304.24	137035
Continuing Education Committee	109.80(B)	137036
Council on Alcohol and Drug Addiction Services	3793.09	137037
Council on Unreclaimed Strip Mined Lands	1513.29	137038
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	137039
Credential Review Board	3319.65	137040
Credit Union Council	1733.329	137041
Criminal Sentencing Advisory Committee	181.22	137042
Data Collection and Analysis Group	3727.32	137043
Dentist Loan Repayment Advisory Board	3702.92	137044
Department Advisory Council(s)	107.18, 121.13	137045
Development Financing Advisory Council	122.40, 122.41	137046
Early Childhood Advisory Council	3301.90	137047
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	137048
Education Management Information System Advisory Board	3301.0713	137049
Educator Standards Board	3319.60	137050
Electrical Safety Inspector Advisory Committee	3783.08	137051
Emergency Response Commission	3750.02	137052
Engineering Experiment Station Advisory Committee	3335.27	137053
Environmental Education Council	3745.21	137054
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	137055
~~eTech Ohio~~ Broadcast Educational Media Commission	3353.02 - 3353.04	137056
Ex-Offender Reentry Coalition	5120.07	137057
Farmland Preservation Advisory Board	901.23	137058
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	137059
Financial Planning and Supervision Commission for a school district	3316.05	137060
Forestry Advisory Council	1503.40	137061
Governance Authority for a State University or College	3345.75	137062
Governor's Council on People with Disabilities	3303.41	137063
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	137064
Governor's Residence Advisory Commission	107.40	137065
Grain Marketing Program Operating Committee	924.20 - 924.30	137066
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	137067
Gubernatorial Transition Committee	107.29, 126.26	137068
Help Me Grow Advisory Council	3701.611	137069
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	137070
Homeland Security Advisory Council	5502.011(E)	137071
Hospital Measures Advisory Council	3727.31	137072
Housing Trust Fund Advisory Committee	174.06	137073
Industrial Commission Nominating Council	4121.04	137074
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	137075
Infant Hearing Screening Subcommittee	3701.507	137076
Infection Control Group	3727.312(D)	137077
Insurance Agent Education Advisory Council	3905.483	137078
Interstate Rail Passenger Advisory Council	4981.35	137079
Joint Select Committee on Volume Cap	133.021	137080
Labor-Management Government Advisory Council	4121.70	137081
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	137082
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	137083
Maternity and Newborn Advisory Council	3711.20, 3711.21	137084
Medically Handicapped Children's Medical Advisory Council	3701.025	137085
Midwest Interstate Passenger Rail Compact Commission	4981.361	137086
Milk Sanitation Board	917.03 - 917.032	137087
Mine Subsidence Insurance Governing Board	3929.51	137088
Minority Development Financing Advisory Board	122.72, 122.73	137089
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	137090
National Museum of Afro-American History and Culture Planning Committee	149.303	137091
New African Immigrants Commission	4112.31, 4112.32	137092
Ohio Accountability Task Force	3302.021(E)	137093
Ohio Advisory Council for the Aging	173.03	137094
Ohio Agriculture License Plate Scholarship Fund Board	901.90	137095
Ohio Arts Council	Chapter 3379.	137096
Ohio Business Gateway Steering Committee	5703.57	137097
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	137098
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	137099
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	137100
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	137101
Ohio Commission on Fatherhood	5101.34	137102
Ohio Community Service Council	121.40 - 121.404	137103
Ohio Council for Interstate Adult Offender Supervision	5149.22	137104
Ohio Cultural Facilities Commission	Chapter 3383.	137105
Ohio Cystic Fibrosis Legislative Task Force	101.38	137106
Ohio Developmental Disabilities Council	5123.35	137107
Ohio Expositions Commission	991.02	137108
Ohio Family and Children First Cabinet Council	121.37	137109
Ohio Geographically Referenced Information Program Council	125.901, 125.902	137110
Ohio Geology Advisory Council	1501.11	137111
Ohio Grape Industries Committee	924.51 - 924.55	137112
Ohio Historic Site Preservation Advisory Board	149.301	137113
Ohio Historical Society Board of Trustees	149.30	137114
Ohio Judicial Conference	105.91 - 105.97	137115
Ohio Lake Erie Commission	1506.21	137116
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	137117
Ohio Medical Quality Foundation	3701.89	137118
Ohio Parks and Recreation Council	1541.40	137119
Ohio Peace Officer Training Commission	109.71, 109.72	137120
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	137121
Ohio Public Defender Commission	120.01 - 120.03	137122
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	137123
Ohio Quarter Horse Development Commission	3769.086	137124
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	137125
Ohio Soil and Water Conservation Commission	1515.02	137126
Ohio Standardbred Development Commission	3769.085	137127
Ohio Subrogation Rights Commission	2323.44	137128
Ohio Thoroughbred Racing Advisory Committee	3769.084	137129
Ohio Transportation Finance Commission	5531.12(B) to (D)	137130
Ohio Tuition Trust Authority	3334.03, 3334.08	137131
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	137132
Ohio Vendors Representative Committee	3304.34, 20 USC 107	137133
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	137134
Ohio Water Advisory Council	1521.031	137135
Ohio Water Resources Council Advisory Group	1521.19	137136
Ohio Water Resources Council	1521.19	137137
Oil and Gas Commission	1509.35	137138
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	137139
Organized Crime Investigations Commission	177.01	137140
Pharmacy and Therapeutics Committee of the Department of ~~Job and Family Services~~ Medicaid	~~5111.084~~ 5164.7510	137141
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	137142
Physician Loan Repayment Advisory Board	3702.81	137143
Power Siting Board	4906.02	137144
Prequalification Review Board	5525.07	137145
Private Water Systems Advisory Council	3701.346	137146
Public Utilities Commission Nominating Council	4901.021	137147
Public Utility Property Tax Study Committee	5727.85(K)	137148
Radiation Advisory Council	3748.20	137149
Reclamation Commission	1513.05	137150
Reclamation Forfeiture Fund Advisory Board	1513.182	137151
Recreation and Resources Commission	1501.04	137152
Recycling and Litter Prevention Advisory Council	1502.04	137153
School and Ministerial Lands Divestiture Committee	501.041	137154
Savings and Loan Associations and Savings Banks Board	1181.16	137155
Second Chance Trust Fund Advisory Committee	2108.35	137156
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	137157
Ski Tramway Board	4169.02	137158
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	137159
Solid Waste Management Advisory Council	3734.51	137160
Special Commission to Consider the Suspension of Local Government Officials	3.16	137161
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	137162
State Agency Coordinating Group	1521.19	137163
State Audit Committee	126.46	137164
State Council of Uniform State Laws	105.21 - 105.27	137165
State Criminal Sentencing Commission	181.22 - 181.26	137166
State Fire Council	3737.81	137167
State Library Board	3375.01	137168
State Victims Assistance Advisory Council	109.91(B) and (C)	137169
Statewide Consortium of County Law Library Resource Boards	3375.481	137170
STEM Committee	3326.02	137171
Student Tuition Recovery Authority	3332.081	137172
Sunset Review Committee	101.84 - 101.87	137173
Tax Credit Authority	122.17(M)	137174
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	137175
Technical Advisory Council on Oil and Gas	1509.38	137176
Transportation Review Advisory Council	5512.07 - 5512.09	137177
Unemployment Compensation Advisory Council	4141.08	137178
Unemployment Compensation Review Commission	4141.06	137179
Veterans Advisory Committee	5902.02(K)	137180
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	137181
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	137182
Water and Sewer Commission	1525.11(C)	137183
Waterways Safety Council	1547.73	137184
Wildlife Council	1531.03 - 1531.05	137185
Workers' Compensation Board of Directors Nominating Committee	4121.123	137186

Section 610.21. That existing Section 4 of Sub. S.B. 171 of	137187
the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the	137188
129th General Assembly, is hereby repealed.	137189

Section 620.10. That Section 105.05 of Am. Sub. H.B. 2 of the	137190
128th General Assembly be amended to read as follows:	137191

Sec. 105.05. Section 121.53 of the Revised Code is hereby	137192
repealed, effective ~~September~~June 30, ~~2013~~2014.	137193

Section 620.11. That existing Section 105.05 of Am. Sub. H.B.	137194
2 of the 128th General Assembly is hereby repealed.	137195

Section 630.10. All items set forth in this section are	137196
hereby appropriated out of any moneys in the state treasury to the	137197
credit of the Administrative Building Fund (Fund 7026) that are	137198
not otherwise appropriated for the biennium ending June 30, 2014:	137199

Appropriations

DEV DEVELOPMENT SERVICES AGENCY	137200

C19506	Children's Home				$	100,000		137201
Total Development Services Agency					$	100,000		137202

CHILDREN'S HOME

137203

The foregoing appropriation item C19506, Children's Home,	137204
shall be used for the Children's Home of Cincinnati.	137205

Section 630.11. That Sections 203.90.10 and 203.90.20 of Sub.	137206
S.B. 312 of the 129th General Assembly be amended to read as	137207
follows:	137208

Reappropriations

Sec. 203.90.10. DMH DEPARTMENT OF MENTAL HEALTH

137209

C58000	Hazardous Materials Abatement	$	118,750	137210
C58001	Community Assistance Projects	$	~~332,500~~ 232,500	137211
C58002	Campus Consolidation - Automation	$	95,000	137212
C58004	Demolition	$	142,500	137213
C58005	Life Safety/Critical Plant Renovations	$	23,750	137214
C58006	Patient Care/Environment Improvement	$	285,000	137215
C58007	Infrastructure Renovations	$	475,000	137216
C58008	Emergency Improvements	$	285,000	137217
C58009	Patient Environment Improvement Consolidation	$	1,000	137218
C58010	Campus Consolidation	$	23,750,000	137219
C58020	Mandel Jewish Community Center	$	199,500	137220
Total Department of Mental Health		$	~~25,708,000~~ 25,608,000	137221

COMMUNITY ASSISTANCE PROJECTS

137222

Of the foregoing appropriation item C58001, Community	137223
Assistance Projects, ~~$100,000 shall be used for the Children's~~	137224
~~Home of Cincinnati,~~ $100,000 shall be used for the Shaw JCC, and	137225
$300,000 shall be used for the Berea Children's Home.	137226

The amount reappropriated for the foregoing appropriation	137227
item C58001, Community Assistance Projects, is the unencumbered	137228
unallotted balance, as of June 30, 2012, in appropriation item	137229
C58001, Community Assistance Projects, plus $1,096,159.42. Prior	137230
to the expenditure of this reappropriation, the Director of Mental	137231
Health shall certify to the Director of Budget and Management	137232
canceled encumbrances in the amount of at least $1,096,159.42.	137233

INFRASTRUCTURE RENOVATIONS

137234

The amount reappropriated for the foregoing appropriation	137235
item C58007, Infrastructure Renovations, is the unencumbered and	137236
unallotted balance as of June 30, 2012, in appropriation item	137237
C58007, Infrastructure Renovations, plus $2,995,450.24. Prior to	137238
the expenditure of this reappropriation, the Director of Mental	137239
Health shall certify to the Director of Budget and Management	137240
canceled encumbrances in the amount of at least $2,995,450.24.	137241

Reappropriations

Sec. 203.90.20. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

137242

C59004	Community Assistance Projects	$	13,913,599	137243
C59029	Emergency Generator Replacement	$	460,362	137244
C59034	Statewide Developmental Centers	$	1,407,067	137245
C59050	Emergency Improvements	$	484,984	137246
C59051	Energy Conservation	$	430,500	137247
C59055	Camp McKinley Improvements	$	30,000	137248
C59056	The Hope Learning Center	$	250,000	137249
TOTAL Department of Developmental Disabilities		$	16,976,512	137250
TOTAL Mental Health Facilities Improvement Fund		$	~~42,684,512~~ 42,584,512	137251

COMMUNITY ASSISTANCE PROJECTS

137252

The foregoing appropriation item C59004, Community Assistance	137253
Projects, may be used to provide community assistance funds for	137254
the construction or renovation of facilities for day programs or	137255
residential programs that provide services to persons eligible for	137256
services from the Department of Developmental Disabilities or	137257
county boards of developmental disabilities.	137258

The amount reappropriated for the foregoing appropriation	137259
item C59004, Community Assistance Projects, is the unencumbered,	137260
unallotted balance as of June 30, 2012, in appropriation item	137261
C59004, Community Assistance Projects, plus $8,326,255. Prior to	137262
the expenditure of this reappropriation, the Director of	137263
Developmental Disabilities shall certify to the Director of Budget	137264
and Management canceled encumbrances in the Mental Health	137265
Facilities Improvement Fund (Fund 7033) in the amount of at least	137266
$8,326,255.	137267

STATEWIDE DEVELOPMENTAL CENTERS

137268

The amount reappropriated for the foregoing appropriation	137269
item C59034, Statewide Developmental Centers, is the unencumbered,	137270
unallotted balance as of June 30, 2012, in appropriation item	137271
C59034, Statewide Developmental Centers, plus $167,912. Prior to	137272
the expenditure of this reappropriation, the Director of	137273
Developmental Disabilities shall certify to the Director of Budget	137274
and Management canceled encumbrances in the Mental Health	137275
Facilities Improvement Fund (Fund 7033) in the amount of at least	137276
$167,912.	137277

Section 630.12. That existing Sections 203.90.10 and	137278
203.90.20 of Sub. S.B. 312 of the 129th General Assembly are	137279
hereby repealed.	137280

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

137281

As used in this section, "appointing authority" has the same	137282
meaning as in section 124.01 of the Revised Code, and "exempt	137283
employee" has the same meaning as in section 124.01 of the Revised	137284
Code.	137285

Notwithstanding section 124.181 of the Revised Code, in cases	137286
where no vacancy exists, an appointing authority may, with the	137287
written consent of an exempt employee, assign duties of a higher	137288
classification to that exempt employee for a period of time not to	137289
exceed two years, and that exempt employee shall receive	137290
compensation at a rate commensurate with the duties of the higher	137291
classification.	137292

Section 701.20. (A) There is hereby created the Legislative	137293
Study Committee on Clean Ohio and Brownfield Funding. The	137294
Committee shall study how to provide long-term funding for the	137295
Clean Ohio brownfield revitalization, conservation, agricultural	137296
easements, and recreational trails programs.	137297

(B) The Committee shall consist of the following members:

137298

(1) Three members of the House of Representatives, appointed	137299
by the Speaker of the House;	137300

(2) Three members of the House of Representatives, appointed	137301
by the Minority Leader of the House;	137302

(3) Three members of the Senate, appointed by the President	137303
of the Senate;	137304

(4) Three members of the Senate, appointed by the Minority	137305
Leader of the Senate.	137306

Members of the Committee shall serve without additional	137307
compensation beyond the compensation received for their service in	137308
the General Assembly. Members may be reimbursed for actual and	137309
necessary expenses incurred in the conduct of Committee business.	137310

(C) Appointments to the Committee shall be made not later	137311
than thirty days after the effective date of this section.	137312
Vacancies shall be filled in the same manner as the original	137313
appointment.	137314

(D) The Committee shall hold its first meeting not later than	137315
forty-five days after the effective date of this section and shall	137316
meet at least once per month thereafter.	137317

(E) A majority of the Committee constitutes a quorum and the	137318
affirmative vote of a majority of Committee members is required	137319
for the conduct of Committee business.	137320

(F) The Committee shall choose from among its members two	137321
co-chairpersons. One co-chairperson shall be a member of the House	137322
of Representatives and one co-chairperson shall be a member of the	137323
Senate. One co-chairperson shall represent the majority political	137324
party and one co-chairperson shall represent the minority	137325
political party.	137326

(G) The Legislative Service Commission shall provide research	137327
support to the Committee and Commission employees shall attend all	137328
Committee meetings.	137329

(H) Not later than March 1, 2014, the Committee shall submit	137330
a report of its findings and its funding recommendations to the	137331
Governor, Speaker and Minority Leader of the House of	137332
Representatives, and President and Minority Leader of the Senate.	137333
After submission of the report, the Committee shall cease to	137334
exist.	137335

Section 715.10. Two years after the amendments to section	137336
1501.011 of the Revised Code by this act take effect, the Ohio	137337
Facilities Construction Commission and the Department of Natural	137338
Resources shall review division (C) of that section.	137339

Section 733.10. Notwithstanding section 3317.01 of the	137340
Revised Code, as amended by this act, to determine whether a	137341
school district satisfied the minimum school year in the 2013-2014	137342
school year in order to qualify for state funding under Chapter	137343
3317. of the Revised Code for fiscal year 2015, the Department of	137344
Education shall apply the criteria prescribed in the version of	137345
division (B) of section 3317.01 of the Revised Code in effect	137346
prior to July 1, 2014.	137347

Section 733.20. The General Assembly hereby declares its	137348
intent, in enacting section 3319.031 of the Revised Code, to	137349
supersede any effect of the decision of the Court of Appeals of	137350
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	137351
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	137352
decision conflicts with the principle that boards of education may	137353
appoint a licensed business manager, but also may determine	137354
instead to assign the roles and functions of a business manager to	137355
one or more employees or officers of the board, including the	137356
treasurer, in the board's sole discretion.	137357

Section 733.40. (A) The Superintendent of Public Instruction	137358
shall appoint three incorporators who are knowledgeable about the	137359
administration of public schools and about the operation of	137360
nonprofit corporations in Ohio.	137361

(B) The incorporators shall do whatever is necessary and	137362
proper to set up a nonprofit corporation under Chapter 1702. of	137363
the Revised Code. The articles of incorporation, in addition to	137364
meeting the requirements of section 1702.04 of the Revised Code,	137365
shall set forth the following provisions:	137366

(1) That the nonprofit corporation is to create and implement	137367
a pilot program that provides an alternative path for individuals	137368
to receive training and development in the administration of	137369
primary and secondary education and leadership, that will enable	137370
these individuals to earn a degree in public school	137371
administration, that will enable these individuals to obtain	137372
licenses in public school administration, and that promotes the	137373
placement of these individuals in public schools that have a	137374
poverty percentage greater than fifty per cent.	137375

(2) That the Board of Directors are to establish criteria for	137376
program costs, participant selection, and continued participation,	137377
and metrics to document and measure pilot program activities.	137378

(3) That the name of the nonprofit corporation is "New	137379
Leaders for Ohio Schools."	137380

(4) That the Board of Directors is to consist of the	137381
following eight directors:	137382

(a) The Governor or the Governor's designee;

137383

(b) The Superintendent of Public Instruction, or the	137384
Superintendent's designee;	137385

(c) The Chancellor of the Ohio Board of Regents, or the	137386
Chancellor's designee;	137387

(d) A person to represent major business enterprises in Ohio;

137388

(e) Two individuals appointed by the Speaker of the House of	137389
Representatives, one of whom shall be an active duty or retired	137390
military officer;	137391

(f) Two individuals appointed by the President of the Senate,	137392
one of whom shall be a current or retired teacher or principal.	137393

The Dean of The Ohio State University Fisher College of	137394
Business and the Dean of The Ohio State University College of	137395
Education and Human Ecology are to serve as ex-officio nonvoting	137396
members of the Board.	137397

The person on the Board who represents a major business	137398
enterprise in Ohio is to be appointed by an organization selected	137399
by the Governor. The organization is to be nonpartisan and consist	137400
of chief executive officers of corporations organized in Ohio.	137401

(5) That the Board is to appoint a President of the	137402
corporation.	137403

(6) That the President of the Corporation, subject to the	137404
approval of the Board, is to enter into a contract with The Ohio	137405
State University Fisher College of Business. Under the contract,	137406
the College is to provide oversight to the corporation, is to	137407
serve as fiscal agent for the corporation, and is to provide the	137408
corporation with office space, and with office furniture and	137409
equipment, as is necessary for the corporation successfully to	137410
fulfill its duties.	137411

(7) That the administrative costs of the corporation are not	137412
to exceed fifteen per cent of the annual budget of the	137413
corporation.	137414

(8) That the President is to apply for, and is to receive and	137415
accept, grants, gifts, bequests, and contributions from private	137416
sources.	137417

(9) That the corporation is to submit an annual report to the	137418
General Assembly and Governor beginning December 31, 2013.	137419

(10) That the corporation shall cease operations on the date	137420
that is five years after the effective date of this section and	137421
proceed to wind up its affairs.	137422

Section 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

137423

The Department of Mental Health and Addiction Services, in	137424
consultation with the Department of Medicaid, shall administer the	137425
Recovery Requires a Community Program to identify individuals	137426
residing in nursing facilities who can be successfully moved into	137427
a community setting with the aid of community non-Medicaid	137428
services.	137429

The Director of Mental Health and Addiction Services and the	137430
Medicaid Director shall agree upon an amount representing the	137431
savings realized from decreased nursing facility utilization to be	137432
transferred within the biennium from the Department of Medicaid to	137433
the Department of Mental Health and Addiction Services to support	137434
non-Medicaid program costs for individuals moving into community	137435
settings.	137436

Of the foregoing appropriation item 651525, Medicaid/Health	137437
Care Services, the Medicaid Director shall transfer the amount	137438
agreed upon representing the savings from the General Revenue Fund	137439
to the Sale of Goods and Services Fund (Fund 1490). The transfer	137440
shall be made using an intrastate transfer voucher. The	137441
transferred cash is hereby appropriated to appropriation item	137442
335609, Community Operating/Planning.	137443

Section 751.40. (A) The Workforce Training Pilot Program for	137444
the Economically Disadvantaged is hereby established to provide	137445
grants to provide training in life and technical skills. The	137446
Director of Job and Family Services shall administer the Pilot	137447
Program for a period of two years, beginning July 1, 2013.	137448

(B) The Director of Job and Family Services, in consultation	137449
with the Director of Development Services and JobsOhio, shall	137450
issue a request for proposals to allow an entity to receive a	137451
grant under this section to create and administer a demonstration	137452
project in the field of workforce development. The demonstration	137453
project shall provide training to those individuals located in the	137454
region described in division (C) of this section where the project	137455
is located who the applicant determines are economically	137456
disadvantaged. The request for proposals shall include all of the	137457
following requirements:	137458

(1) That the applicant shall include in the proposal a	137459
description of the manner in which the applicant will determine	137460
whether an individual is economically disadvantaged;	137461

(2) That the demonstration project shall provide life skills	137462
training, to assist an individual to develop character traits	137463
necessary to obtain employment, and technical, field-related	137464
training;	137465

(3) That the applicant is collaborating with an organization	137466
in the region described in division (C) of this section where the	137467
project is located and at least one community-based nonprofit	137468
organization that has experience in life-skill support services	137469
and workforce development;	137470

(4) That the applicant satisfies any other requirements	137471
established in the request for proposals.	137472

(C)(1) The Director of Job and Family Services, in	137473
consultation with the Director of Development Services and	137474
JobsOhio, shall award a grant in fiscal year 2014 for a	137475
demonstration project described in division (B) of this section in	137476
each of the following regions of the state:	137477

(a) The counties of Allen, Crawford, Defiance, Fulton,	137478
Hancock, Hardin, Henry, Lucas, Ottawa, Paulding, Putnam, Sandusky,	137479
Seneca, Van Wert, Williams, Wood, and Wyandot;	137480

(b) The counties of Ashland, Ashtabula, Columbiana, Cuyahoga,	137481
Erie, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage,	137482
Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne;	137483

(c) The counties of Auglaize, Champaign, Clark, Clinton,	137484
Darke, Fayette, Greene, Mercer, Miami, Montgomery, Preble, and	137485
Shelby;	137486

(d) The counties of Delaware, Fairfield, Franklin, Knox,	137487
Licking, Logan, Madison, Marion, Morrow, Pickaway, and Union;	137488

(e) The counties of Adams, Athens, Belmont, Carroll,	137489
Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes,	137490
Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum,	137491
Noble, Perry, Pike, Ross, Scioto, Vinton, and Washington;	137492

(f) The counties of Brown, Butler, Clermont, Hamilton, and	137493
Warren.	137494

(2) The Director of Job and Family Services may award a grant	137495
to one or two demonstration projects located in a region described	137496
in division (C)(1) of this section, however, no region shall	137497
receive more than one million dollars in grant funding under this	137498
section.	137499

(D) The Director of Job and Family Services shall adopt rules	137500
in accordance with Chapter 119. of the Revised Code to establish	137501
reporting requirements for grant recipients under this section.	137502
Those rules shall require a grant recipient to report on the	137503
successful completion rate of project participants, rate of job	137504
placement of participants, tracking of participant's employment	137505
after completion of the project, and any other information	137506
requested by the Director. The Director shall require grant	137507
recipients to report this information during the two-year Pilot	137508
Program and to submit a final report upon the expiration of the	137509
Pilot Program. A grant recipient shall comply with rules adopted	137510
by the Director.	137511

(E) On July 1, 2013, or as soon as possible thereafter, the	137512
Director of Budget and Management shall transfer $8,000,000 cash	137513
from the Economic Development Projects Fund (Fund 5JC0) used by	137514
the Board of Regents to the Training Activities Fund (Fund 6130)	137515
used by the Department of Job and Family Services. The transferred	137516
funds shall be used for the Pilot Program established in this	137517
section.	137518

Section 755.10. There is hereby created the License Plate	137519
Safety Task Force. The Task Force shall consist of eight members:	137520
three members appointed by the President of the Senate, one member	137521
appointed by the Minority Leader of the Senate, three members	137522
appointed by the Speaker of the House of Representatives, and one	137523
member appointed by the Minority Leader of the House of	137524
Representatives. At least five members shall represent law	137525
enforcement.	137526

The Task Force shall examine the extent of license plate	137527
degradation over time and the impediments to law enforcement	137528
efforts caused by illegible license plates resulting from	137529
degradation. The Task Force also shall examine whether having dual	137530
license plates is beneficial to law enforcement officers and	137531
determine whether the state should continue its dual plate	137532
requirement. Not later than December 31, 2013, the Task Force	137533
shall issue a report of its findings and recommendations to the	137534
Governor, the President of the Senate, the Minority Leader of the	137535
Senate, the Speaker of the House of Representatives, and the	137536
Minority Leader of the House of Representatives. At that time, the	137537
Task Force shall cease to exist.	137538

Section 757.10. MINIMUM DISTRIBUTION OF LOCAL GOVERNMENT	137539
FUND	137540

Notwithstanding any provision of section 131.51 of the	137541
Revised Code to the contrary, from revenue arising from the	137542
personal income tax levied under Chapter 5747. of the Revised	137543
Code, an amount equal to one hundred per cent of the amount	137544
credited to the Local Government Fund in July 2012 shall be	137545
credited to such fund in July 2013. In July 2013 each county	137546
undivided local government fund shall receive the same amount it	137547
received in July 2012. In July 2013 each municipal corporation	137548
shall receive the same amount it directly received from the Local	137549
Government Fund in July 2012.	137550

Section 757.20. (A) On or before June 15, 2014, the Director	137551
of the Ohio Public Works Commission shall certify to the Director	137552
of Budget and Management the amount of debt service paid from the	137553
General Revenue Fund in fiscal years 2013 and 2014 on bonds issued	137554
to finance or assist in the financing of the cost of local	137555
subdivision public infrastructure capital improvement projects, as	137556
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio	137557
Constitution, that are attributable to costs for construction,	137558
reconstruction, maintenance, or repair of public highways and	137559
bridges and other statutory highway purposes. That certification	137560
shall allocate the total amount of debt service paid from the	137561
General Revenue Fund and attributable to those costs in each of	137562
fiscal years 2013 and 2014 according to the applicable section of	137563
the Ohio Constitution under which the bonds were originally	137564
issued.	137565

(B) On or before June 15, 2015, the Director of the Ohio	137566
Public Works Commission shall certify to the Director of Budget	137567
and Management the amount of debt service paid from the General	137568
Revenue Fund in fiscal year 2015 on bonds issued to finance or	137569
assist in the financing of the cost of local subdivision public	137570
infrastructure capital improvement projects, as provided for in	137571
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that	137572
are attributable to costs for construction, reconstruction,	137573
maintenance, or repair of public highways and bridges and other	137574
statutory highway purposes. That certification shall allocate the	137575
total amount of debt service paid from the General Revenue Fund	137576
and attributable to those costs in fiscal year 2015 according to	137577
the applicable section of the Ohio Constitution under which the	137578
bonds were originally issued.	137579

(C) On or before June 30 of each fiscal year, the Director of	137580
Budget and Management shall determine an amount up to but not	137581
exceeding the amount certified under division (A) or (B) of this	137582
section and shall reserve that amount from the cash balance in the	137583
Commercial Activity Tax Motor Fuel Receipts Fund for transfer to	137584
the General Revenue Fund at times and in amounts to be determined	137585
by the Director. The Director shall transfer the cash balance in	137586
the Commercial Activity Tax Motor Fuel Receipts Fund in excess of	137587
the amount so reserved to the Highway Operating Fund on or before	137588
June 30 of each fiscal year.	137589

Section 757.30. (A) There is hereby created the Commercial	137590
Activity Tax Review Committee to review and make recommendations	137591
for reforming and improving the tax levied under Chapter 5751. of	137592
the Revised Code. The committee shall be composed of the following	137593
members:	137594

(1) The chair of the standing committee of the House of	137595
Representatives that deals primarily with issues of taxation;	137596

(2) The chair of the standing committee of the Senate that	137597
deals primarily with issues of taxation;	137598

(3) Three members of the House of Representatives appointed	137599
by the Speaker of the House of Representatives, two of whom shall	137600
be members of the minority party; and	137601

(4) Three members of the Senate appointed by the President of	137602
the Senate, two of whom shall be members of the minority party.	137603

(B) The Commercial Activity Tax Review Committee shall be	137604
jointly chaired by the members described in divisions (A)(1) and	137605
(2) of this section. The committee shall meet monthly, beginning	137606
in July 2013, at the call of the chairs and may accept testimony.	137607
The committee is a public body for the purposes of section 121.22	137608
of the Revised Code.	137609

The committee shall, on or before October 31, 2013, submit a	137610
report with the committee's recommendations to the Governor, the	137611
Speaker and Minority Leader of the House of Representatives, and	137612
the President and Minority Leader of the Senate.	137613

(C) The Commercial Activity Tax Review Committee shall cease	137614
to exist after October 31, 2013.	137615

Section 757.40. The purpose of section 3735.661 of the	137616
Revised Code is to clarify the intent of the General Assembly that	137617
"first two amendments," as used in division (B) of Section 3 of	137618
Am. Sub. S.B. 19 of the 120th General Assembly, has, on and after	137619
July 22, 1994, referred and continues to refer to only a	137620
substantive amendment to a community reinvestment area ordinance	137621
or resolution that extends, expands, increases, or otherwise	137622
broadens the availability of tax exemptions provided under the	137623
ordinance or resolution and does not refer to an amendment that	137624
decreases or otherwise limits the availability of tax exemptions	137625
under the ordinance or resolution or that are procedural or	137626
administrative. Therefore, section 3735.661 of the Revised Code	137627
applies retroactively to ordinances and resolutions adopted under	137628
section 3735.66 of the Revised Code before and after the effective	137629
date of section 3735.661 of the Revised Code.	137630

Section 757.50. The amendment by this act of divisions (R),	137631
(S), and (T) of section 5741.01 and section 5741.03 of the Revised	137632
Code and the enactment of section 5741.032 of the Revised Code are	137633
hereby effectuated with the intent that if the United States	137634
Congress enacts the Marketplace Fairness Act of 2013, or other	137635
similar legislation authorizing states to require sellers that	137636
lack a substantial nexus with the state to pay, collect, or remit	137637
sales or use tax, the General Assembly shall adopt, before the	137638
effective date of such federal legislation, any conforming	137639
amendments required by such federal legislation and requiring the	137640
Tax Commissioner to adopt rules necessary to effectively	137641
administer such taxes with respect to remote sellers, as defined	137642
in division (S) of section 5741.01 of the Revised Code.	137643

This section is not intended to create a nexus between this	137644
state and remote sellers for any tax other than those imposed	137645
under Chapters 5739. and 5741. of the Revised Code.	137646

Section 803.10. An investor who is issued a tax credit	137647
certificate under section 122.152 of the Revised Code prior to	137648
that section's repeal by this act may continue to claim that	137649
credit in the manner provided for in that section.	137650

Section 803.20. The member of the Farmland Preservation	137651
Advisory Board appointed under division (A)(4) of section 901.23	137652
of the Revised Code, as that section existed prior to its	137653
amendment by this act, who is serving on the effective date of	137654
this act shall continue to serve until the expiration of the term	137655
for which the member was appointed. At the end of that term, a	137656
member shall be appointed in accordance with division (A)(4) of	137657
that section as amended by this act.	137658

Section 803.30. A member of the technical advisory committee	137659
created in section 1551.35 of the Revised Code, as amended by this	137660
act, who was appointed by the Director of the Ohio Coal	137661
Development Office and who is serving on the committee immediately	137662
prior to the effective date of the amendments to that section	137663
shall continue in office until the expiration of the member's	137664
term. Thereafter, the appointment of a member for that position on	137665
the committee shall be made in accordance with the amendments to	137666
that section by this act.	137667

Section 803.50. The amendments to sections 3313.48, 3313.533,	137668
3313.62, 3317.01, and 3321.05; the repeal and reenactment of	137669
section 3313.481; and the repeal of section 3313.482 of the	137670
Revised Code made by this act do not apply to any collective	137671
bargaining agreement executed under Chapter 4117. of the Revised	137672
Code prior to July 1, 2014. Any collective bargaining agreement or	137673
renewal executed after that date shall comply with the changes	137674
provided for in this act.	137675

Section 803.60. (A) As used in this section:

137676

(1) "State institution of higher education" has the same	137677
meaning as in section 3345.011 of the Revised Code.	137678

(2) "Career-technical planning district" has the same meaning	137679
as in section 3302.033 of the Revised Code.	137680

(B) Nothing in Chapter 3365. of the Revised Code or the	137681
amendment of sections in that chapter by this act shall be	137682
construed to infringe upon or require the alteration of any	137683
existing or future articulation agreement for technical coursework	137684
offered through state-approved career-technical programs of study	137685
or any corresponding payment structure between any state	137686
institution of higher education and a career-technical planning	137687
district.	137688

The Department of Education and the Board of Regents shall	137689
study the implications of applying the changes in Chapter 3365. of	137690
the Revised Code to articulation agreements for technical	137691
coursework offered through state-approved career-technical	137692
programs of study. The Department and the Board also shall make	137693
recommendations on how such career-technical programs of study	137694
might be included under Chapter 3365. of the Revised Code and the	137695
implications of including them. These recommendations shall be	137696
submitted to the Governor's Office of 21st Century Education and	137697
the General Assembly in accordance with section 101.68 of the	137698
Revised Code, not later than July 1, 2014.	137699

Section 803.80. (A) The amendment by this act of section	137700
5747.01 of the Revised Code, amending or enacting divisions	137701
(A)(26) and (GG) of that section, applies to taxable years ending	137702
on or after the effective date of this section.	137703

(B) The amendment by this act of section 5747.022 and	137704
division (A) of section 5747.025 of the Revised Code applies to	137705
taxable years beginning on or after January 1, 2013.	137706

(C) The amendment by this act of division (C) of section	137707
5747.025, and of sections 5747.02, 5747.08, and 5747.21, and the	137708
repeal of section 5747.211 of the Revised Code apply to taxable	137709
years beginning on or after January 1, 2013.	137710

Section 803.90. (A) The amendment by this act of section	137711
5751.01 of the Revised Code applies to tax periods ending on or	137712
after the effective date of that amendment.	137713

(B) The amendment by this act of section 5751.07 of Revised	137714
Code applies to original returns filed on or after January 1,	137715
2014.	137716

Section 803.120. (A) The amendment by this act of section	137717
1509.50, division (C)(12) of section 5703.21, section 5749.02,	137718
divisions (D), (F), (H), and (I) of section 5749.06, and section	137719
5749.17 of the Revised Code applies to calendar quarters beginning	137720
on or after October 1, 2013.	137721

(B) The amendment by this act of section 113.061 and division	137722
(G) of section 5749.06 of the Revised Code applies to the	137723
severance of natural resources occurring in calendar quarters	137724
beginning on or after January 1, 2014.	137725

Section 803.150. A proposal approved by a board of county	137726
commissioners under section 317.321 of the Revised Code as it	137727
existed before the date of the amendment of that section by this	137728
act continues in effect for the number of years approved by the	137729
board of county commissioners under that section. The special fund	137730
established at the request of the board under that section ceases	137731
to exist upon the expiration of the proposal.	137732

Section 803.160. (A) References to the Ohio Cooperative	137733
Extension Service, or use of a similar term, in any contracts,	137734
agreements, or other instruments that were entered into or	137735
executed prior to the effective date of this section pursuant to	137736
state statutes are deemed to be references to OSU Extension as	137737
defined in section 1.611 of the Revised Code as enacted by this	137738
act.	137739

(B) References to the Ohio Cooperative Extension Service, or	137740
use of a similar term, in rules adopted prior to the effective	137741
date of this section pursuant to state statutes are deemed to be	137742
references to OSU Extension.	137743

Section 803.170. The amendment by this act of section	137744
5709.17 of the Revised Code applies to tax year 2013 and every tax	137745
year thereafter.	137746

Section 803.180. The amendment or enactment by this act of	137747
sections 5735.012 and 5735.013 applies on the first day of the	137748
first month after the effective date of those sections.	137749

Section 803.190. (A) The amendment or enactment by this act	137750
of division (QQQ) of section 5739.01, section 5739.12, division	137751
(I), except for divisions (I)(2)(g) and (I)(4), and division (Q)	137752
of section 5741.01, and section 5741.12 of the Revised Code	137753
applies to the storage, use, or other consumption of tangible	137754
personal property or services occurring on and after the first	137755
month beginning after the effective date of that division and	137756
section.	137757

(B) The amendment by this act of divisions (I)(2)(g) and	137758
(I)(4) of section 5741.01 and section 5741.17 of the Revised Code	137759
applies to the storage, use, or other consumption of tangible	137760
personal property or services occurring on and after October 1,	137761
2013, regardless of the date a seller and a resident entered into	137762
an agreement described in division (I)(2)(g) of section 5741.01 of	137763
the Revised Code. On that date, as used in divisions (I)(2)(g) and	137764
(I)(4) of section 5741.01 of the Revised Code, "preceding twelve	137765
months" means the twelve months beginning October 1, 2012, and	137766
ending September 30, 2013.	137767

Section 803.200. Until such time as the Registrar of Motor	137768
Vehicles can adopt rules under section 4505.101 of the Revised	137769
Code relating to the valuation of motor vehicles, the Registrar	137770
shall continue to process the affidavits required under section	137771
4505.101 of the Revised Code according to the Registrar's current	137772
policies, procedures, and standards.	137773

Section 806.10. The items of law contained in this act, and	137774
their applications, are severable. If any item of law contained in	137775
this act, or if any application of any item of law contained in	137776
this act, is held invalid, the invalidity does not affect other	137777
items of law contained in this act and their applications that can	137778
be given effect without the invalid item of law or application.	137779

Section 809.10. An item of law, other than an amending,	137780
enacting, or repealing clause, that composes the whole or part of	137781
an uncodified section contained in this act has no effect after	137782
June 30, 2015, unless its context clearly indicates otherwise.	137783

Section 812.10. Except as otherwise provided in this act, the	137784
amendment, enactment, or repeal by this act of a section is	137785
subject to the referendum under Ohio Constitution, Article II,	137786
Section 1c and therefore takes effect on the ninety-first day	137787
after this act is filed with the Secretary of State or, if a later	137788
effective date is specified below, on that date.	137789

The enactment of section 5162.12 of the Revised Code takes	137790
effect January 1, 2014.	137791

The amendment, enactment, or repeal of sections 3313.48,	137792
3313.533, 3313.62, 3314.09, 3314.092, 3321.05, 3326.11, and	137793
3326.20 of the Revised Code takes effect July 1, 2014.	137794

The repeal and reenactment of sections 3313.481 and 3327.02	137795
of the Revised Code take effect July 1, 2014.	137796

The enactment of section 3327.07 of the Revised Code takes	137797
effect on July 1, 2014.	137798

Sections 323.70, 323.110, 323.120, and 323.480 of this act	137799
take effect at the earliest time permitted by law but not earlier	137800
than September 30, 2013.	137801

Section 812.20. The amendment, enactment, or repeal by this	137802
act of the sections listed below is exempt from the referendum	137803
under Ohio Constitution, Article II, Section 1d and section 1.471	137804
of the Revised Code and therefore takes effect immediately when	137805
this act becomes law or, if a later effective date is specified	137806
below, on that date.	137807

Sections 189.04, 189.06, 731.091, 3314.05, 3734.57, 3734.901,	137808
4301.43, 5727.84, 5747.501, and 5753.03 of the Revised Code.	137809

Sections of this act prefixed with section numbers in the	137810
200's, 300's, 400's, and 500's except for sections 323.10.70,	137811
323.70, 323.110, 323.120, 323.480, 363.230, 363.520, 363.540, and	137812
363.550 of this act.	137813

Section 751.40 of this act.

137814

Sections 812.10, 812.20, and 812.30 of this act.

137815

The amendment, enactment, or repeal of sections 105.41,	137816
125.05, 152.09, 154.25, 3313.603, 3314.074, 3317.06, 3317.50,	137817
3317.51, 3319.22, 3319.235, 3345.12, 3353.01, 3353.02, 3353.04,	137818
3353.06, 3353.07, 3353.08, 3353.09, 3353.15, and 3353.20 takes	137819
effect July 1, 2013.	137820

The enactment of section 5168.41 of the Revised Code takes	137821
effect July 1, 2013.	137822

The amendment of sections 120.06 and 5139.04 of the Revised	137823
Code takes effect July 1, 2013.	137824

Section 812.30. The sections that are listed in the	137825
left-hand column of the following table combine amendments by this	137826
act that are and that are not exempt from the referendum under	137827
Ohio Constitution, Article II, sections 1c and 1d and section	137828
1.471 of the Revised Code.	137829

The middle column identifies the amendments to the listed	137830
sections that are subject to the referendum under Ohio	137831
Constitution, Article II, Section 1c and therefore take effect on	137832
the ninety-first day after this act is filed with the Secretary of	137833
State or, if a later effective date is specified, on that date.	137834

The right-hand column identifies the amendments to the listed	137835
sections that are exempt from the referendum under Ohio	137836
Constitution, Article II, Section 1d and section 1.471 of the	137837
Revised Code and therefore take effect immediately when this act	137838
becomes law or, if a later effective date is specified, on that	137839
date.	137840

Section of law	Amendments subject to referendum	Amendments exempt from referendum	137841
3745.11	Amendments to division (M)(5)	All amendments except as described in the middle column	137842
3721.50 (5168.40)	All amendments except as described in the right-hand column	Amendments to division (F)	137843
5112.30 (5168.60)	All amendments except as described in the right-hand column	Amendments to division (A) take effect July 1, 2013	137844
5751.20	Amendments to division (J)	All amendments except as described in the middle column	137845
6109.21	The stricken sentence in division (E)	All amendments except as described in the middle column	137846

Section 812.40. The amendments to sections 109.572, 169.02,	137847
3317.01, 3317.03, 5101.573 (5160.40), 5101.58 (5160.37), 5111.07	137848
(5164.752), 5111.071 (5164.753), 5111.083 (5164.757), 5111.17	137849
(5167.10), and 5111.19 (5164.74) of the Revised Code are subject	137850
to the referendum under Ohio Constitution, Article II, Section 1c	137851
and section 1.471 of the Revised Code, and therefore take effect	137852
on the ninety-first day after this act is filed with the Secretary	137853
of State. However:	137854

(A) In section 3317.01 of the Revised Code, the amendments to	137855
division (B) take effect July 1, 2014.	137856

(B) In section 3317.03 of the Revised Code, the following	137857
amendments in divisions (A) and (D) take effect July 1, 2014:	137858

(1) The strike through of "the first paragraph of";

137859

(2) The strike through of "(B)" and insertion of "(A)(1)";

137860

(3) The strike through of "3317.01" and insertion of	137861
"3313.482".	137862

(C) In section 5101.573 (5160.40) of the Revised Code, the	137863
new matter inserted into division (C) takes effect January 1,	137864
2014.	137865

(D) In section 5101.58 (5160.37) of the Revised Code, the	137866
insertion of division (K) takes effect January 1, 2014.	137867

(E)(1) In section 5111.07 (5164.752) of the Revised Code, all	137868
of the amendments take effect July 1, 2014, except for the	137869
following amendments:	137870

(a) The renumbering of the section;

137871

(b) The strike through of "job and family services" and	137872
insertion of "medicaid" in the first sentence as the section	137873
appears on the day immediately preceding the effective date of	137874
this section.	137875

(2) The reference to "director of job and family services" in	137876
the last sentence shall be read as if it reads the "director of	137877
medicaid" while the last sentence remains in effect.	137878

(F) In section 5111.071 (5164.753) of the Revised Code, the	137879
insertion in the last sentence of "and the extent to which each	137880
terminal distributor participates in the medicaid program as a	137881
provider of drugs" takes effect July 1, 2014.	137882

(G) In section 5111.083 (5164.757) of the Revised Code, all	137883
of the amendments take effect January 1, 2014, except for the	137884
following amendments:	137885

(1) The renumbering of the section;

137886

(2) The insertion of "medicaid" before "director" in the	137887
first sentence of division (B);	137888

(3) The strike through of "of job and family services".

137889

(H) In section 5111.17 (5167.10) of the Revised Code, the	137890
amendments to division (B)(2) take effect January 1, 2014.	137891

(I) In section 5111.19 (5164.74) of the Revised Code, the	137892
following amendments take effect January 1, 2014:	137893

(1) The insertion of ", and the allocation of payments for,"	137894
in the first paragraph;	137895

(2) The strike through of the second paragraph and divisions	137896
(A), (B), and (C).	137897

Section 812.60. (A) Except as provided in division (B) of	137898
this section, the amendments of this act to section 5111.251 of	137899
the Revised Code, including the renumbering of the section as	137900
section 5124.17 of the Revised Code, take effect ninety-one days	137901
after the effective date of this section.	137902

(B) The following amendments by this act to section 5111.251	137903
(5124.17) of the Revised Code take effect July 1, 2014:	137904

(1) The amendments that halve the efficiency incentive	137905
payment for intermediate care facilities for the mentally retarded	137906
that have more than eight beds;	137907

(2) The amendments that eliminate the nonextensive	137908
renovations component of the Medicaid payments for the capital	137909
costs of intermediate care facilities for the mentally retarded	137910
that have more than eight beds;	137911

(3) The amendments that eliminate the return on equity	137912
component of the Medicaid payments for the capital costs of all	137913
intermediate care facilities for the mentally retarded.	137914

Section 812.70. All the amendments by this act to section	137915
3327.01 of the Revised Code are subject to the referendum under	137916
Ohio Constitution, Article II, Section 1c. The amendment adding	137917
division (H) to the section takes effect on the ninety-first day	137918
after this act is filed with the Secretary of State, and all the	137919
other amendments to the section take effect on July 1, 2014.	137920

Section 815.10. The General Assembly, applying the principle	137921
stated in division (B) of section 1.52 of the Revised Code that	137922
amendments are to be harmonized if reasonably capable of	137923
simultaneous operation, finds that the following sections,	137924
presented in this act as composites of the sections as amended by	137925
the acts indicated, are the resulting versions of the sections in	137926
effect prior to the effective date of the sections as presented in	137927
this act:	137928

Section 9.90 of the Revised Code as amended by both Am. Sub.	137929
H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	137930

Section 109.572 of the Revised Code as amended by both Am.	137931
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	137932

Section 122.17 of the Revised Code as amended by Sub. H.B.	137933
327, Am. Sub. H.B. 510, and Am. Sub. S.B. 314, all of the 129th	137934
General Assembly.	137935

Section 122.33 of the Revised Code as amended by both Am.	137936
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	137937

Section 124.381 of the Revised Code as amended by both Am.	137938
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	137939

Section 149.311 of the Revised Code as amended by both Am.	137940
Sub. H.B. 510 and Am. Sub. S.B. 314 of the 129th General Assembly.	137941

Section 149.43 of the Revised Code as amended by both Am.	137942
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly.	137943

Section 329.06 of the Revised Code as amended by both Am.	137944
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	137945

Section 955.201 of the Revised Code as amended by both Am.	137946
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly.	137947

Section 2901.30 of the Revised Code as amended by both Am.	137948
H.B. 181 and Sub. S.B. 87 of the 127th General Assembly.	137949

Section 2903.13 of the Revised Code as amended by both Sub.	137950
H.B. 525 and Am. Sub. H.B. 62 of the 129th General Assembly.	137951

Section 2921.13 of the Revised Code as amended by both Am.	137952
Sub. H.B. 495 and Sub. S.B. 343 of the 129th General Assembly.	137953

Section 2923.126 of the Revised Code as amended by both Am.	137954
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly,	137955
that is scheduled to take effect January 1, 2014.	137956

Section 2929.13 of the Revised Code as amended by Am. Sub.	137957
H.B. 62, Am. Sub. H.B. 262, and Am. Sub. S.B. 160 of the 129th	137958
General Assembly.	137959

Section 3304.231 of the Revised Code as amended by both Am.	137960
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	137961

Section 3313.978 of the Revised Code as amended by both Am.	137962
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	137963

Section 3701.78 of the Revised Code as amended by both Am.	137964
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	137965

Section 3734.01 of the Revised Code as amended by both Am.	137966
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	137967

Section 3745.11 of the Revised Code as amended by both Am.	137968
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	137969

Section 5104.012 of the Revised Code as amended by both Am.	137970
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	137971
that is scheduled to take effect January 1, 2014.	137972

Section 5104.013 of the Revised Code as amended by both Am.	137973
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	137974
that is scheduled to take effect January 1, 2014.	137975

Section 5111.032 of the Revised Code as amended by both Am.	137976
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	137977

Section 5111.033 of the Revised Code as amended by both Am.	137978
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	137979

Section 5111.034 of the Revised Code as amended by both Am.	137980
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	137981

Section 5111.172 of the Revised Code as amended by both Am.	137982
Sub. H.B. 93 and Am. Sub. H.B. 153 of the 129th General Assembly.	137983

Section 5119.16 of the Revised Code as amended by both Am.	137984
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	137985

Section 5701.13 of the Revised Code as amended by both Sub.	137986
H.B. 267 and Am. Sub. H.B. 487 of the 129th General Assembly.	137987

Section 5705.25 of the Revised Code as amended by both Am.	137988
Sub. H.B. 487 and Am. S.B. 321 of the 129th General Assembly.	137989

Section 5731.39 of the Revised Code as amended by both Am.	137990
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	137991

Section 5739.01 of the Revised Code as amended by Am. Sub.	137992
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	137993

Section 5739.02 of the Revised Code as amended by Am. Sub.	137994
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	137995

Section 5747.01 of the Revised Code as amended by Am. H.B.	137996
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	137997
General Assembly.	137998

Section 5747.98 of the Revised Code as amended by both Am.	137999
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	138000

Section 5749.02 of the Revised Code as amended by both Am.	138001
Sub. H.B. 1 and S.B. 73 of the 128th General Assembly.	138002

Section 5751.01 of the Revised Code as amended by both Am.	138003
Sub. H.B. 51 and Am. S.B. 28 of the 130th General Assembly.	138004

Section 5751.20 of the Revised Code as amended by both Am.	138005
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	138006

Section 5753.03 of the Revised Code as amended by both Am.	138007
Sub. H.B. 487 and Am. Sub. H.B. 386 of the 129th General Assembly.	138008

Section 815.20. The amendment of sections 5104.11 and 5120.07	138009
of the Revised Code by this act is not intended to supersede the	138010
earlier repeal, with delayed effective date, of those sections.	138011